Chapter 34
11-34-1: PURPOSE:
11-34-3: STANDARDS:

11-34-1: PURPOSE: linklink

The purpose of this chapter and any rules, regulations, standards and specifications adopted pursuant hereto are to:

A. Permit residential property owners to establish an accessory dwelling unit within a single-family dwelling subject to regulations set forth herein.

B. Accommodate such housing in single-family dwellings with minimal impacts on the neighborhood in terms of traffic, noise, parking, congestion and compatible scale and appearance of residential buildings.

C. Prevent the proliferation of rental dwellings, absentee ownership, property disinvestment, Building Code violations and associated decline in quality of single-family residential neighborhoods.

D. Set forth standardized terms and standards for accessory dwelling units and procedures for review and approval of the same. (Ord. 2019-05, 3-27-2019)
11-34-2: APPROVAL PROCESS: linklink

A. Accessory dwelling units are allowed in all Residential Zones where single-family dwellings are permitted and within the approved single family residential neighborhoods in Mixed Use and Special Districts Zones. All property owners desiring to establish an accessory dwelling unit must apply for, and obtain, approval prior to utilizing the accessory dwelling unit.

B. Applications for accessory dwelling units shall be reviewed and approved by the designated Land Use Authority in accordance with subsection 11-3-9I of this title. The applicant and/or any person adversely affected by a decision of the Land Use Authority regarding the proposed accessory dwelling unit may appeal such decision to the Appeal Authority, as designated in subsection 11-3-9I of this title, by filing written notice of appeal with the Planning Department within ten (10) calendar days from the date of such decision. (Ord. 2019-05, 3-27-2019)
11-34-3: STANDARDS: linklink

The following standards and conditions shall apply to all accessory dwelling units.

A. Location: An accessory dwelling unit must be enclosed within a single-family dwelling.

B. Size: The accessory dwelling unit shall be accessory and subordinate to the primary dwelling. For purposes of this subsection, accessory and subordinate requires the accessory dwelling unit to be no more than fifty percent (50%) of the total square footage of the dwelling.

C. Number: A maximum of one accessory dwelling unit shall be allowed per single-family dwelling. Accessory dwelling units shall contain no more than one dwelling unit.

D. Parking: At least one off street parking stall constructed in accordance with the City parking standards in chapter 12, "Off Street Parking", of this title shall be provided for the accessory dwelling unit. Such parking stall shall be in addition to all off street parking requirements for the primary dwelling on the lot. The parking stall shall be located behind the front plane of the dwelling and shall not impede or prevent access to the primary dwelling's required parking. The parking stall may be located in a garage only if the stall is in addition to the required number of parking spaces for the primary unit.


E. Design And Character: Accessory dwelling units within a single-family dwelling shall retain the compatibility of the primary dwelling with the residential character of the neighborhood. Accessory dwelling units within a single family dwelling shall include materials comparable to those used on and within the primary dwelling.

F. Construction Codes: The accessory dwelling unit shall comply with all Construction, Housing and Building Codes in effect at the time the accessory dwelling unit is constructed and shall comply with all procedures and requirements of the City building regulations.

1. Accessory dwelling units that have been previously created and cannot be shown to have complied with Construction, Housing and Building Codes in effect at the time of their construction shall comply with minimum health and safety standards, which include the following:

a. Minimum room height, measured from floor to ceiling in each room, shall not be less than six feet eight inches (6'8") with no projections below six feet eight inches (6'8") or mitigated in accordance with adopted Building and Fire Codes.

b. Smoke detectors must be installed in each bedroom and the hallway or room adjacent to the bedrooms.

c. GFCI protection must be provided in electrical outlets within six feet (6') of a water source, such as a sink.

d. One window in each bedroom must meet emergency egress standards as set forth in the 2015 edition of the International Residential Code as adopted in accordance with the Utah State Construction and Fire Codes Act and section 9-1-2 of this Code. Windows may be exempt from the maximum sill height requirements as adopted in the IRC provided a replacement window is installed which is the manufacturer's largest size window that will fit within the existing frame or existing rough opening. The replacement window is of the same operating style as the existing window or a style that provides for an equal or greater window opening area than the existing window.

e. Handrails must be installed for any interior or exterior stairways with more than three (3) steps.

G. Ownership: The single-family dwelling and the accessory dwelling unit shall remain in single ownership and either the single-family dwelling or the accessory dwelling unit shall be owner occupied.

H. Continuing Use: Approval of an accessory dwelling unit shall run with the land as long as it complies with all adopted requirements. (Ord. 2019-05, 3-27-2019)
11-34-4: RECORDED NOTICE: linklink

Upon approval of an accessory dwelling unit a notice of accessory dwelling unit approval shall be signed and submitted to the City on forms provided by the City. The City may record the notice of accessory dwelling unit approval with the County Recorder's Office. (Ord. 2019-05, 3-27-2019)