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Sec. 41-194.1. Second dwelling units--Occupation. <br /> <br />No person o r persons owning a ny parcel o n which a second d welling u nit h as been <br />constructed pursuant to section 41-194 shalt permit any person to occupy such second <br />unit unless the following conditions are satisfied: <br /> <br /> (1) All development of the site must be in accordance with the plans and <br />drawings approved pursuant to section 41-194. <br /> <br /> (2) The owner or owners of the parcel must reside in either the primary dwelling <br />unit or the second dwelling unit on the parcel. The owner or owners of the parcel must <br />have on file with the planning and building agency a recorded covenant, in a form <br />approved by the City Attorney demonstrating compliance with this requirement. <br /> <br />Sec. 41-194.2. Second dwelling units--Fees. <br /> <br />From time to time, the City Council shall by ordinance or resolution establish <br />appropriate application and/or appeal fees for persons seeking approval of plans and <br />drawings for a second dwelling unit. Such fees shall not exceed the reasonable cost of <br />processing such an approval or appeal. <br /> <br />Sec. 41-194.3. Second dwelling units--Appeals of Planning Manager or Zoning <br />Administrator decision. <br /> <br />Any person aggrieved by a determination of the planning manager to disapprove plans <br />and drawings submitted pursuant to section 41-194 may file an application for a minor <br />exception which shall be heard by the zoning administrator pursuant to Article V of this <br />chapter. Such application may include a request to vary from the standards of section <br />41-194. The decision of the zoning administrator on such application or the application <br />of 41-608 may be appealed to the planning commission pursuant to said Article V, <br />whose decision on the matter shall be final. <br /> <br /> Section 6. If any section, subsection, sentence, clause, phrase or portion of this <br />ordinance is for any reason held to be invalid or unconstitutional by the decision of any <br />court of competent jurisdiction, such decision shall not affect the validity of the remaining <br />portions of this ordinance. The City Council hereby declares that it would have adopted <br />this ordinance and each section, subsection, sentence, clause, phrase or portion thereof <br />irrespective of the fact that any one or more sections, subsections, sentences, clauses, <br />phrases or portions be declared invalid or unconstitutional. <br /> <br />Ordinance No. NS-2629 <br /> Page 7 of 8 <br /> <br /> <br />