CHAPTER 1.21
ACCESSORY DWELLING UNITS
Sections:
1.21.005 Purpose.
1.21.010 Permit Required.
1.21.015 Submission of Application.
1.21.020 Form and Contents of Required Documents.
1.21.030 Review and Approval Procedures.
1.21.035 Approval Standards- Accessory Dwelling Units.
1.21.050 Owners Not Occupying Residence for Prolonged Periods.
1.21.055 Procedures for Revoking A Detached Accessory Dwelling Unit Conditional Use Permit.
1.21.060 Appeals.
1.21.005 PURPOSE.
The purpose of permitting an Accessory Dwelling Unit is to:
A. Provide homeowners with a means of obtaining, through tenants of an Accessory Dwelling Unit, rental income, companionship, security and/or services;
B. Incentivize the development of Accessory Dwelling Units through the use of a clear, simple and streamlined permitting process;
C. Add rental units to the housing stock to meet the needs of smaller households;
D. Make housing units available to moderate and/or lower income households who might otherwise have difficulty finding housing within the city;
E. Develop housing units in single-family neighborhoods that serve the needs of the residents through a variety of stages in the life cycle, thereby lessening fluctuations in neighborhood demand for services.
1.21.010 PERMIT REQUIRED.
To assure compliance with the provisions of this Chapter, all Accessory Dwelling Units must apply for and obtain an Accessory Dwelling Unit Permit prior to any construction or occupation of the unit.
The requirements for permitting Accessory Dwelling Units per Utah State Statute are addressed in Section 1.21.035 – Approval Standards – Accessory Dwelling Units. Additionally, all primary dwellings with attached or detached Accessory Dwelling Units shall also conform to other development regulations for residences in accordance with this ordinance.
1.21.015 SUBMISSION OF APPLICATION.
A. Only property owners or their duly authorized agents shall apply for an Accessory Dwelling Unit Permit on forms approved by the Zoning Administrator.
B. No Accessory Dwelling Unit Permit shall be issued without the submission of the application, all the supporting materials as required by this Chapter, and the processing fee. Incomplete applications shall not be processed under any circumstances. The time frame for when an application shall be reviewed is set by the policy of the Zoning Administrator.
C. The application for Accessory Dwelling Unit Permit approval shall include the following:
1. Minimum of one (1) digital copy (11” x 17” max) the Site Plan, the building elevations, and floor plan as detailed below that shows how the Accessory Dwelling Unit meets the setback and parking requirements of this ordinance.
2. Evidence meeting all other requirements set forth in Sections 1.21.35 or 1.21.40 below.
3. Payment of the applicable fee for Accessory Dwelling Units as set by Resolution of the City Council.
D. An Accessory Dwelling Unit Permit application may be submitted for approval concurrently with the Building Permit. If the property owners or their duly authorized agents choose to submit the Accessory Dwelling Unit Permit and Building Permit concurrently, the City maintains the right to deny the request for approval, and the property owners or their duly authorized agents shall bear all risks associated with their preparation and submittal.
1.21.020 FORM AND CONTENTS OF REQUIRED DOCUMENTS.
A. Application for an Accessory Dwelling Unit Permit shall be made to the Zoning Administrator in accordance with the procedures given in this title. The application shall include the following:
1. Site Plan. A site plan with a scale no less than one (1) inch equal to twenty (20) feet that is drawn or contains the following information:
a. Applicant’s name, address and phone number; subdivision name and lot number; square footage of the lot.
b. Boundaries and dimensions of the entire lot.
c. Locations and dimensions of all existing and proposed dwellings and structures on the lot, including overhangs, porches, stairwells, and balconies, and the locations of all structures on adjoining properties.
d. Locations and dimensions of all existing and proposed parking spaces on the lot.
e. Location and size of existing utilities and proposed location of utilities.
2. Building Elevation. For detached ADUs, architectural elevations will be submitted to illustrate the
exterior finishes and egress.
3. Building Floor Plan. The anticipated layout of internal and detached ADUs will be submitted to show
the layout meets the requirements of Section 1.21.035 and/or 1.21.040.
1.21.030 REVIEW AND APPROVAL PROCEDURES.
A. Application. The Zoning Administrator shall review each application submitted to determine the completeness of the application. The Zoning Administrator shall forward complete applications for review and consideration of approval, and incomplete applications shall be returned to the applicant with a list of the deficiencies. Each parcel will be permitted to have one (1) Internal Accessory Dwelling Unit and one (1) Detached Accessory Dwelling Unit.
B. Zoning Administrator Review. The Zoning Administrator shall review the proposed Accessory Dwelling Units application and shall grant approval after the Zoning Administrator is satisfied that Accessory Dwelling Units meets all of the standards and requirements of this Chapter. Approval of an Accessory Dwelling Unit shall generally be in the form of a letter to the applicant, which, together with the approved submitted materials, shall constitute the approval. If the Zoning Administrator denies the Accessory Dwelling Unit, explicit and careful Findings of Fact shall be enumerated for the record as to why the Accessory Dwelling Unit does not meet the requirements of this Chapter and the applicable standards. An inspection of the premises may be required by the City Building Inspector and/or City Fire Inspector, and payment of an established fee set by Resolution of the City Council shall be required prior to the Inspection. Approval of an Accessory Dwelling Unit is an Administrative Decision.
C. Development Review Committee or Planning Commission Review. The Zoning Administrator is authorized to bring any Accessory Dwelling Unit application before the Development Review Committee or Planning Commission if, in their opinion, the public interests shall be better served by review and approval of the Development Review Committee or Planning Commission.
1.21.035 APPROVAL STANDARDS
An Accessory Dwelling Unit shall only be allowed if specifically permitted within the use table of the Zoning District. No Accessory Dwelling Unit shall be allowed in any multi-family attached dwelling, multi-family stacked dwelling, multi-family twin home dwelling, multi-family lot, or on any lot that cannot satisfy parking, setback, or other site design requirements, nor on a single-family lot that is classified as a non-conforming use. Internal Accessory Dwelling Units shall only be allowed within the principal single-family dwelling or basement or attached as an addition; Detached Accessory Dwelling Units shall only be allowed within the parcel of the primary structure. Any ADU must meet the following standards:
A. Dwelling Unit Limitations. Only one Internal Accessory Dwelling Unit shall be allowed per single-family
dwelling, and both the single-family dwelling and the Internal Accessory Dwelling Unit shall be owned by the same person(s) or entity and shall share a single water meter and sewer lateral. Only one Detached Accessory Dwelling Unit shall be allowed per single-family lot. Both the single-family dwelling and the Detached Accessory Dwelling Unit shall be owned by the same person(s) or entity and shall share a single water meter and sewer lateral.
B. Appearance and Composition Requirements. The Accessory Dwelling Unit must be designed in a manner
that does not change the appearance of the primary dwelling as a single-family dwelling and be comprised of the following:
1. Separate Kitchen & Bathroom. An Accessory Dwelling Unit shall provide living areas that include a kitchen and a bathroom separate from the principal dwelling unit.
2. Separate Entrance. The Accessory Dwelling Unit shall have a usable entrance separate from the primary dwelling and may use existing entrances on any side of the structure that faces a street, or a side or rear entrance. To preserve the single-family residential appearance of a neighborhood, two (2) front doors located side-by-side shall not be allowed to provide separate entrances for each unit, with the exception of dwellings where the second door provides direct access to the dwelling basement.
3. The Detached Accessory Dwelling Unit shall have less square footage than the principal dwelling unit.
4. The size of a Detached Accessory Dwelling Unit detached from the principal dwelling unit shall be at least three hundred (300) square feet and shall not exceed thirty (30) percent of the rear yard. For corner lots, the side yard further from the intersection may be considered based on the location of the primary structure within the parcel while simultaneously meeting standard side yard setbacks as set forth in Chapter 1.08.
5. A Detached Accessory Dwelling Unit may be combined with another accessory use within the same Accessory Building, but the total building area shall not occupy more than forty (40) percent of the rear yard.
6. A Detached Accessory Dwelling Unit shall provide living areas that include a kitchen and a bathroom separate from the principal dwelling unit.
7. Detached Accessory Dwelling Units shall be attached to a permanent foundation that meets building codes.
8. Detached Accessory Dwelling Units shall be constructed with materials that are weather-resistant and meet all other code requirements.
C. Setbacks and PUE. Accessory Dwelling Units shall meet all established minimums of setbacks required by the zone for the principal dwelling. Detached Accessory Dwelling Units shall meet all established minimum setbacks for an Accessory Building as required by the zone for the principal dwelling. No Accessory Building or group of Accessory Buildings in any residential district shall cover more than forty (40) percent of the rear yard. In no case shall a structure be built upon an easement or public utility easement.
D. Interior Access. Interior access between the principal dwelling unit and an attached Accessory Dwelling Unit shall be maintained unless sufficient means of egress have been determined during a building inspection.
E. Parking Requirements. Each Accessory Dwelling Unit shall have at least one off-street parking space in accordance with Chapter 1.17 and independent of the parking required for the principal dwelling unit. One additional off-street parking space shall be required for Accessory Dwelling Units with two (2) or more bedrooms. Parking for the principal dwelling and accessory dwelling units must be accessed independently. Properties abutting an alley may utilize said alley for parking access, but the City shall not be responsible for maintaining the alley or clearing of snow in the alley. Parking spaces shall be made of a hard surface such as concrete, asphalt, or compacted gravel; the rear and side of the lot shall be prioritized for additional parking stalls.
F. Utilities. Accessory Dwelling Units may have separate meters for the gas and electricity utility service of each unit. Accessory Dwelling Units shall be permanently connected to the City’s culinary water system and sanitary sewer system and other permanent utility connections for natural gas and electricity as approved by the Building Official.
G. Addressing. The principal dwelling unit and the Accessory Dwelling Unit shall have the same address number but shall refer to the Accessory Dwelling Unit as unit B or C. Addresses shall be located in a visible location on the street frontage of the principal dwelling unit.
H. Building Code Compliance. All construction and remodeling shall comply with building codes and ordinance requirements in effect at the time of construction or remodeling. In accordance with Utah State Code section 10-9a-511.5, the Building Official may require the reasonable installation of:
1. A smoke detector and carbon monoxide detectors, that are plugged in or battery-operated;
2. A ground fault circuit interrupter (GFCI) protected outlet on existing wiring;
3. An electrical system or a plumbing system, if the existing system is not functioning or is unsafe as determined by an independent electrical or plumbing professional who is licensed in accordance with Title 58, Occupations and Professions;
4. Hand or guard rails;
5. A fully openable egress or emergency escape window in each bedroom as required by current State Construction Code.
I. Occupancy Requirements. No Accessory Dwelling Unit shall be created, established, maintained, or occupied unless the principal dwelling unit or Accessory Dwelling Unit is “owner-occupied” by the property owner as a “full-time resident” of the home.
1. For the purpose of this Section, “owner occupied” is defined as the individual(s) as shown on the Box Elder County tax assessment rolls, and “full-time resident” is defined as living at the premise for at least eight (8) months during a twelve (12) month period.
2. The occupants of an Accessory Dwelling Unit shall be limited to a “Single-Family,” as defined in Chapter 1.03 Definitions.
J. Impact Fees. Accessory Dwelling are not required to pay impact fees.
K. Not Intended for Sale. The Accessory Dwelling Unit shall not be eligible to be subdivided from the lot of the principal dwelling or detached by deed from the existing lot. Accessory Dwelling Units shall only be rented or leased.
1.21.050 OWNERS NOT OCCUPYING RESIDENCE FOR PROLONGED PERIODS.
The City recognizes that some residents and homeowners may not be able to occupy their residence for longer periods of time than typical vacations or holidays. For instance, they may take a sabbatical or a leave of absence, be temporarily relocated to a different job site, or otherwise be unable to occupy their homes on a temporary basis. In order to address the requirements under these circumstances, the following is a description of the procedures for continuing an Accessory Dwelling Unit Permit for Accessory Dwelling Units under such conditions.
A. An Accessory Dwelling Unit may be continued through the time that the owner is temporarily not living in the residence if the following conditions are met:
1. The owner(s) shall apply for a continuance of their Accessory Dwelling Unit Permit during their absence by notifying the Zoning Administrator of their intent in writing. They shall include in that request their anticipated length of absence and estimated return date, a forwarding address, phone number and email address where they may be contacted by the City if there are any problems (that address shall be updated as needed through the duration of the absence), and the names, phone numbers and email addresses of those who will act in their stead as the landlord or property manager in their absence.
2. The owners shall provide any information regarding changes in the use of the residence to the City, i.e. any changes that are different from the Accessory Dwelling Unit Permit or Conditional Use Permit that established the Accessory Dwelling Unit.
B. If the owners of the residence elect to leave their home in the care of the residents that occupy the Accessory Dwelling Unit; and if they choose not to lease the principal dwelling that the owners are temporarily vacating; then just one family will be living in the residence and there is no longer any need to have the residence licensed as an Accessory Dwelling Unit Permit or Conditional Use Permit. The permit can then lapse while the owners are not living in the residence and the permit may be re-established upon their return using the existing process and standards in this ordinance to reestablish Accessory Dwelling Unit Permit or Conditional Use Permit.
C. If the owners of the residence do not occupy the residence within twenty-four (24) months, the permit shall be automatically terminated, unless a longer period is approved by the Zoning Administrator.
1.21.055 PROCEDURES FOR REVOKING AN ACCESSORY DWELLING UNIT
Permit Approval of an Accessory Dwelling Unit Permit shall be revocable for the non-compliance with any of the provisions of this ordinance or any other ordinance of the City. The Zoning Administrator or Code Enforcement Officer shall notify the owner in writing of the City’s intent to revoke the Accessory Dwelling Unit, and the reasons therefore, at least fourteen (14) days prior to the action being taken.
The owner shall have the opportunity to correct any problems that caused the notice of intent to revoke the Accessory Dwelling Unit during said fourteen-day period and show proof of such correction to have the permit remain in force. If the owner of the property does not resolve the violation the Zoning Administrator shall proceed with revoking the Accessory Dwelling Permit.
Conversely, the Zoning Administrator is authorized to bring any issue of non-compliance regarding an Accessory Dwelling Unit Permit or Conditional Use Permit to the Planning Commission if, in their opinion, the public interests shall be better served by a decision made by Planning Commission. The owner shall have the right to appeal, in writing, any decision of the Zoning Administrator or Planning Commission.
1.21.060 APPEALS
A. Appeal Process. Any person aggrieved by the decision of any part of the Accessory Dwelling Unit approval and revoking process may appeal in accordance with Chapter 1.04.
B. Appealing Zoning Administrator’s Decision. A Person has ten (10) days to appeal the decision of the Zoning Administrator to the Planning Commission.
C. Appealing Planning Commission. If the Planning Commission is the designated as the Land Use Authority, a person has ten (10) days to appeal the decision of the Development Review Committee’s Decision to the Planning Commission, or the Planning Commission’s Decision to the Development Review Committee.
REV 01-24.1
ORD 25-01
