Accessory Dwelling Units (ADUs) and Internal Accessory Dwelling Units (IADU) in single-family residential zones are an important tool in the overall housing goals and needs of County and allow for alternative and flexible housing options in owner-occupied single-family residences. The purposes of the ADU standards of this code are to:

   A.   Increase the availability of affordable housing options throughout the County.

   B.   Create new housing units while respecting the appearance, neighborhood character, and scale of single-family residential development.

   C.   Provide more housing choices in residential zones.

   D.   Allow more efficient use of existing housing and large underutilized yards.

   E.   Provide housing options for family caregivers, adult children, aging parents, and families seeking smaller households.

   F.   Offer a means for residents, particularly seniors, single parents, and families with grown children, to remain in their homes and neighborhoods, and obtain extra income, security, companionship, and services. (Ord, 2023-06, 7-18-2023)

It is the intent of the County that the adoption of this ordinance shall be understood as not to increase the density of the underlying zone designation. An ADU shall always be accessory to the principal dwelling. An accessory dwelling unit shall not be sold separately or subdivided from the principal dwelling unit or parcel. (Ord, 2023-06, 7-18-2023)

Lots or Parcels are eligible for an accessory dwelling unit if:

   A.   The property is owner occupied as defined in Utah Code Ann. Section 17-27a-526.

   B.   The use of the parcel at the time of application and at any time thereafter allows for single-family use.

   C.   The permitted or conditional use is determined by the zoning district in which the parcel resides. (Ord, 2023-06, 7-18-2023)

Internal ADUs are a permitted use in residential districts as set forth in Utah Code Ann. Section 17-27a-526 with additional requirements set forth in Beaver County Ord. Title 9 Zoning Regulations. The allowed uses in the County zoning districts are listed in table 1 below:

(Ord, 2023-06, 7-18-2023)

A property owner may request a review to determine the compliance of an accessory dwelling unit. This request shall be conducted through the following application process:

   A.   Application shall be submitted to the County Planning and Zoning Department and must include, at a minimum, the following:

      1.   Documentation that demonstrates the property is owner occupied.

      2.   A to-scale site plan, floor plans of all buildings on the parcel. Such plans may be conceptual but shall provide reasonable accuracy and specifications to allow for full understanding.

      3.   Fee. The initial application fee for any ADU shall be paid. The payment of a partial application fee, or the submittal of plans for a pre-submittal review shall not constitute a complete application. Fees shall be as set forth in the consolidated fee schedule.

      4.   Only applications deemed complete by the County Staff shall be processed. Complete applications include appropriate application forms and signatures and documents as required in BEAVER COUNTY.

   B.   The application review shall, at a minimum, consist of the following:

      1.   The Zoning administrator or the administrator’s designee shall administer an application review procedure in which the proposed use and the proposed site development plan are evaluated for compliance with all applicable ordinances and codes.

      2.   Referral of the application to all affected entities.

      3.   Staff reviewing the application may involve other County Departments for additional considerations or conditions to adequately meet all applicable standards.

   C.   The administrator, administrator’s designee or staff shall present in writing a determination of the outcome of the review.

   D.   If the administrator, administrator’s designee or staff determines that an accessory dwelling unit complies with the prevision of this chapter then a notice of compliance shall be recorded on the property at the Beaver County Recorder’s Office.

      1.   Notices that demonstrate compliance with County’s land use regulations and state statute shall include, at a minimum, the following:

         a.   a description of the primary dwelling;

         b.   a statement that the primary dwelling or parcel contains an ADU;

         c.   a statement that the ADU may only be used in accordance with County’s land use regulations.

      2.   A compliance determination may be appealed under Beaver County Ordinance. (Ord, 2023-06, 7-18-2023)

   A.   An accessory dwelling unit shall not be sold separately or subdivided from the principal dwelling unit or parcel.

   B.   Only one internal ADU within the primary dwelling is allowed and additionally only one, detached, ADU is allowed per parcel.

   C.   The design and size of the ADU shall conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health, and any other applicable codes. When a new ADU is proposed in an existing single-family dwelling, the entire ADU shall be compliant to all applicable standards.

   D.   The installation of separate utility meters is prohibited on internal ADUs, unless required by the utility.

   E.   An ADU shall comply with the regulations of the underlying zone for accessory buildings. Where the provisions in this chapter are inconsistent with provisions found in any other chapters of County ordinances, the most restrictive provisions shall apply.

   F.   Design Standards. The ADU, attached or detached, shall incorporate at least one of the exterior materials used in the principal dwelling for twenty percent (21%) of all facades of the structure. The ADU must have a pitched roof unless the principal dwelling has a flat roof, in which case an ADU may have a flat roof or a pitched roof. The ADU shall maintain the same color of the primary dwelling for at least fifty percent (50%) of all facades.

   G.   Detached ADUs are prohibited on flag parcels. An internal ADU may be located on a flag parcel.

   H.   Parking for any ADU is prohibited on a public or private street.

   I.   ADUs may not be built within a recorded easement.

(Ord, 2023-06, 7-18-2023; amd. Ord. 2024-07, 10-1-2024)

Internal ADUs are regulated under Utah Code Ann. 17-27a-526 and additionally shall:

   A.   Be prohibited on parcels less than 6,000 square feet;

   B.   Have one off-street parking stall for the Internal ADU;

   C.   Not change the appearance of the primary dwelling as a single-family dwelling;

   D.   Be prohibited from having separate utility meters from the primary dwelling; and

   E.   Be prohibited in a mobile home or manufactured home.

 

 

(Ord, 2023-06, 7-18-2023)

   A.   A detached ADU shall be a permanent structure. Trailers, mobile homes, and other portable structures especially structures with wheels shall not be permitted as a detached ADU.

   B.   A detached ADU is not eligible to have an internal accessory dwelling unit

   C.   Exterior lighting shall provide illumination directed downward. Light source shall not be visible from adjacent properties.

   D.   Parking shall be in a garage or 8 feet from an adjacent property or not visible from an adjacent property unless utilizing a driveway in the front yard.

   E.   Entrances, parking, and stairways within 15 feet of an adjacent property shall not be visible from the adjacent property. This may be done with a fence along the side and rear property lines, landscaping that is dense enough to obscure activity or placing the entrances and stairs out of view of adjacent properties.

   F.   Detached ADUs shall not be built on slopes of 30% or greater.

   G.   Exterior stairways and landing shall not encroach into a setback.

 

(Ord, 2023-06, 7-18-2023)

If a property owner is found to be in violation of this title the County may revoke the use of an ADU on the property. (Ord, 2023-06, 7-18-2023)

The property owner may request to have an ADU be given a separate address from the primary dwelling. A property owner requesting an additional address and shall submit for a site plan review to the County Planning and Zoning Department and pay any associated fees. (Ord, 2023-06, 7-18-2023)

   A.   In addition to any other legal or equitable remedies available to a municipality, County may hold a lien against a property that contains an internal accessory dwelling unit if:

      1.   The owner of the property violates any provisions of this Title, and any other applicable section of the code;

      2.   County provides a written notice of violation in accordance with section B;

      3.   The owner of the property fails to cure the violation within the time period prescribed in the written notice;

      4.   County provides a written notice of lien in accordance with section C;

      5.   County records a copy of the written notice of lien with the County Recorder.

   B.   The written notice of violation shall:

      1.   Describe the specific violation;

      2.   Provide the owner of the ADU a reasonable opportunity to cure the violation that is:

         a.   No less than 14 days after the day on which County sends the written notice of violation, if the violation results from the owner renting or offering to rent the ADU as a short-term rental; or

         b.   No less than 30 days after the day on which the municipality sends the written notice of violation, for any other violation.

      3.   State that if the owner of the property fails to cure the violation within the time period described above, the municipality may hold a lien against the property in an amount of up to $100 for each day of violation after the day on which the opportunity to cure the violation expires;

      4.   Notify the owner of the property:

         a.   That the owner of the property may file an appeal of the notice of violation within ten (10) business days after the day on which the written notice of violation is postmarked or posted on the property; and

         b.   Of the name and address of the County office where the owner of the property may file the written objection;

      5.   Be mailed to:

         a.   The property’s owner of record; and

         b.   Any other individual designated to receive notice in the owner’s license or permit records; and

      6.   Be posted on the property.

   C.   The written notice of lien shall:

      1.   Comply with Utah Code Ann. Section 38-12-102;

      2.   State that the property is subject to a lien;

      3.   Specify the lien amount, in an amount of up to $100 for each day of violation after the day on which the opportunity to cure the violation expires;

      4.   Be mailed to:

         a.   The property’s owner of record; and

         b.   Any other individual designated to receive notice in the owner’s license or permit records; and

      5.   Be posted on the property.

   D   Appeals. A property owner that receives a written notice of violation or a written notice of lien may file an appeal in accordance with Beaver County.

      1.   If the owner of property files a written objection to a notice of violation, County may not record a lien until a hearing is held to determine that the specific violation occurred.

      2.   If Beaver County determines at the hearing that the specific violation has occurred, Beaver County may impose a lien in an amount of up to $100 for each day of violation after the day on which the opportunity to cure the violation expires, regardless of whether the hearing is held after the day on which the opportunity to cure the violation has expired.

      3.   If the owner of property cures a violation within the time period prescribed in the written notice of violation, Beaver County may not hold a lien against the property, or impose any penalty or fee on the owner, in relation to the specific violation described in the written notice of violation.

   E.   Upon issuing a permit or business license for an ADU, Beaver County may record a notice in the office of the Beaver County Recorder. Upon recording a notice, the County shall deliver a copy of the notice to the property owner via First Class Mail. The notice shall include:

      1.   A description of the primary dwelling;

      2.   A statement that the primary dwelling contains an ADU; and

      3.   A statement that the ADU may only be used in accordance with Beaver County ordinances. (Ord, 2023-06, 7-18-2023)

   A.   Existing buildings in Beaver County that were permitted prior to July, 11, 2023 that are intended to be used as an ADU and cannot meet the standards set forth in this chapter must file an application to have a structure declared a noncomplying structure under Beaver County Code section 9-14 and then follow the application process set forth below to have the use allowed through special exception of Utah Code section 17-27a-510.5.

   B.   The property owner shall have the burden of establishing that the building was legally created. The administrator or administrator’s designee shall review application in the following procedure:

      1.   Owner or applicant seeking determination shall file an application with the County and pay all applicable fees, including any additional fees incurred resulting from staff providing research.

      2.   Application shall include evidence that clearly establishes the existing building lawfully existed at the time it was created.

      3.   Acceptable evidence may include:

         a.   Historical zoning maps clearly identifying the use and structure existed.

         b.   Historical zoning code supporting historical zoning maps.

         c.   Previously issued building permits.

         d.   Previously issued conditional use permits.

         e.   Documentation supporting a variance was granted or issued for the use or structure.

         f.   Aerial imagery that clearly establishes use or structure existed.

         g.   Court Orders or Judgements.

         h.   Affidavits from previous property owners attesting to the use/structure.

         i.   Evidence of utility connections.

         j.   A building inspection that certifies that the building or structure was compliant with the codes in effect of the time it was built.

      4.   The County shall accept application and evidence provided and make its findings and determination within fourteen business days. The County shall notify the applicant in writing stating the determination.

      5.   A parcel that has an existing guest house does not qualify for an additional detached ADU. By definition, a guest house may not be rented out or leased. If a property owner wants to convert a guest house to a detached ADU the property owner must follow all applicable processes and design requirements for detached ADUs.

   C.   Attached Accessory Dwelling Unit Conversions:

      1.   A portion of a building attached to the primary dwelling that is noncomplying and was legally established as determined under Beaver County Ord 9-1-6, may be converted or expanded for the purpose of converting or enlarged for the purpose of converting, into an ADU upon permit authorized by the Land Use Hearing Office provided that the Land Use Hearing Officer shall find that:

         a.   The primary dwelling, or portion thereof, is no less than 3 feet from the side and rear property lines;

         b.   The attached ADU does not have a light source projecting onto the neighboring property;

         c.   The attached ADU does not protrude higher than the measured height of the existing nonconforming structure being expanded as measured from original ground surface.

         d.   The attached ADU can accommodate all required parking on the parcel, and does not violate the required off-street parking standards, including parking requirements of this title.

   D.   Detached Accessory Dwelling Unit Conversions:

      1.   A detached building that complies with all applicable height, building envelope, setback, and parcel coverage requirements may be converted, or expanded for the purpose of converting, or enlarged for the purpose of converting, to an accessory dwelling unit, provided the existing setbacks of the detached building are not further reduced and the structure complies with or can be altered to comply with the applicable sections of the adopted building and fire codes of the County.

      2.   A detached building, that is noncomplying and was legally established as determined under Beaver County Ord 9-1-6, may be converted, or expanded for the purpose of converting, or enlarged for the purpose of converting, to an accessory dwelling unit upon permit authorized by the Land Use Hearing Office provided that the Land Use Hearing Officer shall find:

         a.   The side or rear setbacks of the detached building are not further reduced to accommodate the ADU;

         b.   The detached building does not have a light source projecting onto an adjacent property;

         c.   The facade of the detached building located within five feet and facing an adjacent property line, does not have any balconies, porches, landings, stairs, doors, or windows;

         d.   For properties with rear yards that are located next to an Airport Zone, the detached building does not exceed 24 feet in height;

         e.   For all properties, located adjacent to a residential zone and residential use, the detached building does not protrude higher than the measured height of the existing noncomplying structure being expanded as measured from original ground surface;

         f.   Does not create any new visual impacts that cannot be otherwise mitigated by a fence or wall;

         g.   The detached ADU can accommodate all required parking on the parcel, and does not violate or diminish the required off-street parking standards, including parking requirements of this title;

         h.   Does not violate applicable standards and regulations outlined for accessory structures and principal structures; provided that such increase or expansion of structure does not further increase where the graduated height envelope intersects the existing structure;

         i.   Structure or proposed expansion of the structure is not within any recorded easement;

         j.   Does not result in runoff or drainage from the accessory building onto an adjacent property;

         k.   The detached building shall meet all other requirements of BC, except as provided otherwise in this section; and

         l.   Meets the applicable sections of the adopted building and fire codes of the County.

   E.   Conditions and Limitations for Land Use Hearing Officer Permits for ADU Conversions. The Land Use Hearing Officer may impose conditions and limitations upon issuance of a permit for an addition to, enlargement of, moving of, or reconstruction of a structure as necessary to prevent or mitigate adverse effects on other properties located in the neighborhood of the subject property, consistent with the standards of this Title. (Ord, 2023-06, 7-18-2023)