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Centerfield City Zoning Code

10.90 Accessory

Dwelling Units

10.90.010 Definitions

The following words and phrases used in this chapter shall have the following meaning unless a different meaning clearly appears from the context:

ACCESSORY DWELLING UNIT:

A habitable living unit added to, created within, or detached from a primary single-family dwelling and contained on one (1) lot.

ACCESSORY DWELLING UNIT, INTERNAL:

An accessory dwelling unit created within a primary dwelling, within the footprint of the primary dwelling at the time the internal accessory dwelling unit is created, and for the purposes of offering a long-term rental of thirty (30) consecutive days or longer. 

PRIMARY DWELLING UNIT:

A single-family dwelling that is detached, and is occupied as the primary residence of the owner or owners of record. (Note that the garage is considered to be a "primary dwelling" if the garage is a habitable space; and connected to the primary dwelling by a common wall).

HISTORY

Adopted by Ord. 6-6-02 on 6/6/2002

Amended 12/28/2023

10.90.020 General Authorization

Except as otherwise expressly provided or limited in this chapter, accessory dwellings are permitted in connection with any primary dwelling unit lawfully existing; provided, that such accessory dwellings conform to all applicable requirements of this chapter.

HISTORY

Adopted by Ord. 6-6-02 on 6/6/2002

10.90.030 Use Limitations

  1. Incidental Unit: An accessory dwelling unit shall be incidental and subordinate to the primary dwelling in area and purpose.
  2. Ownership: An accessory dwelling unit shall be under the same ownership or control as the primary dwelling, and shall be located on the same lot.
  3. Number Permitted: Only one (1) accessory dwelling unit shall be allowed per primary dwelling.
  4. Construction Prior To Primary Dwelling Prohibited: No accessory dwelling unit shall be constructed prior to the time of construction of the primary dwelling to which it is incidental and subordinate.
  5. Setbacks: All setbacks required for the primary unit shall also be maintained for the internal accessory dwelling unit.
  6. Distance To Primary Dwelling: A detached accessory dwelling unit shall be within one hundred feet (100') of the primary dwelling.
  7. Acreage: If the accessory dwelling unit is attached to or internal to the primary dwelling unit, it shall be constructed on at least one-fourth (1/4) acre. If the accessory unit is separate or detached from the primary dwelling unit, it shall be constructed on at least one-half (1/2) acre.
  8. Size: The size of the detached accessory dwelling unit shall be no less than five hundred (500) square feet and no greater than eight hundred (800) square feet. The detached accessory dwelling unit shall be constructed in architectural style that is similar to the primary dwelling’s architectural style.
  9. Access: Access to the accessory dwelling unit shall be restricted to preexisting access points.
  10. Water Hookup: Only a single residential water hookup shall be allowed for both the accessory dwelling unit and the primary dwelling. The accessory dwelling unit shall not be equipped with separate utility meters and the owner shall be responsible for all utility expenses.
  11. Renting: The owner of an accessory dwelling unit shall not be permitted to rent either the primary dwelling unit or the accessory dwelling unless the owner resides in the dwelling unit that is not being rented. The owner shall not rent both units concurrently.
  12. Separate Sales Prohibited: Sale of the accessory building unit separate from the primary dwelling is prohibited.

HISTORY

Adopted by Ord. 6-6-02 on 6/6/2002

Amended 12/28/2023

10.90.040 Conditional Use Permit

  1. Required: Prior to any detached accessory dwelling unit being constructed, the owner must obtain a conditional use permit.
  2. Affidavit Required: In order to obtain a conditional use permit, the owner must file an affidavit with the City certifying that the accessory dwelling unit will comply with the conditions set forth in this chapter.
  3. Renewal:
  4. The conditional use permit shall be renewed on an annual basis upon application by the owner.
  5. Prior to renewal of any conditional use permit, the City may inspect the accessory dwelling unit in order to ensure compliance with the conditional use permit requirements.
  6. Penalty: The failure to obtain a conditional use permit in accordance with this section may result in a penalty of twenty five dollars ($25.00) per day.

HISTORY

Adopted by Ord. 6-6-02 on 6/6/2002

Amended by Ord. 2004 on 1/1/2004

Amended 12/28/2023

10.90.050 Internal Accessory Dwelling Unit Requirements

The City zoning regulations, as permitted in the Land Use Table, allow for an internal accessory dwelling unit in the agricultural, residential, and mixed use zones, subject to obtaining a building permit, complying with all building, zoning and other applicable regulations as required by the City in order to be occupied. Internal accessory dwelling units are also subject to building inspections to verify compliance with all applicable regulations. The following standards are required to be met before occupation: 

  1. No more than one (1) accessory dwelling unit shall be permitted on the same lot as a single-family dwelling. 
  2. The main dwelling of the ADU must be owner-occupied for at least 6 months of the calendar year. 
  3. The accessory dwelling must be constructed within the zoning and setback standards of the zone in which it is located. 
  4. Each bedroom must have a window egress.
  5. An Internal Accessory Dwelling Unit shall not have a separate utility meter from the primary dwelling. 
  6. An Internal Accessory Dwelling Unit shall be prohibited if the primary dwelling is served by a failing septic tank.  
  7. An accessory dwelling unit must have a shared wall with the main dwelling unit on the lot and may only be located in the following locations: 
  8. Over an attached garage and has an internal connection to the garage. (Note that the garage is considered to be a "primary dwelling" if the garage is a habitable space; and connected to the primary dwelling by a common wall).
  9. Inside a single-family dwelling. 
  10. By an addition to the dwelling as long as it does not alter the original character of the single-family dwelling. 
  11. Only one front door shall be visible from the front yard. Any new entrance shall be on the side or rear of the home. 
  12. An interior access between the main living area and the accessory dwelling unit must be maintained. 
  13. There shall be one (1) additional off street parking spaces. The City may require additional parking to replace any parking spaces contained within a garage or carport of an internal accessory dwelling unit that is created within the garage or carport. 
  14. The internal accessory dwelling unit shall not exceed half of the square feet of the primary dwelling unit.
  15. As permitted in Utah State Code 10-9a-530 (4)(i) Internal Accessory Dwelling Units cannot be rented out for less than 30 consecutive days.  
  16. If the accessory dwelling unit is to be rented out, a business license must be obtained from the City. 

HISTORY:

Amended 12/28/2023