The Internal Accessory Dwelling Unit (IADU) ordinance is established to provide areas for the encouragement and promotion of an environment for family life by providing for the establishment of an accessory unit in conjunction with single-family detached dwellings on individual lots. This ordinance is hereby established to promote the use of accessory units; to provide flexibility for the changes in household size associated with life cycle; to offer financial security for home buyers; and to offer security against problems associated with frailty in old age. These provisions are also intended to provide for affordable housing with reasonable limitations to minimize the impact on neighboring properties and neighborhoods, and to promote the health, safety, and welfare of the property owners and residents of accessory dwelling units. (Ord. 2021-14, 9-28-2021)

A subordinate dwelling, which has its own kitchen, living/sleeping area, and full bathroom, including, sink, toilet shower/bath which is within or attached to a single-family residential building. (Ord. 2021-14, 9-28-2021)

For the purpose of this section, the term “owner occupied” shall be defined as fulltime residency within the home by the bona fide property owner(s) as shown on the Davis County tax assessment rolls. No accessory dwelling units shall be created, established, or occupied in a single-family dwelling unless the owner of the property lives on the property within either the principal dwelling or accessory dwelling unit. (Ord. 2021-14, 9-28-2021)

The occupants of an accessory dwelling unit shall be limited by one of the following family categories:

   A.   One person living alone; or

   B.   Two (2) related or unrelated adults and their children.

   C.   Any of the above categories plus a temporary guest. A “temporary guest” is defined as a person who stays with a family for a period of less than thirty (30) days within any rolling one-year period and does not utilize the dwelling as a legal address for any purpose. (Ord. 2021-14, 9-28-2021)

An accessory dwelling which meets ordinance requirements may be allowed in a single- family dwelling unit within all single-family zones on lots greater than 6,000 square feet. No accessory dwelling unit may be allowed in any multi-family dwelling or zone. (Ord. 2021-14, 9-28-2021)

A maximum of one accessory dwelling unit shall be allowed in each owner-occupied single-family dwelling. (Ord. 2021-14, 9-28-2021)

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. Addresses must be located in a visible location on the street frontage side of the home. (Ord. 2021-14, 9-28-2021)

An accessory dwelling unit must provide living areas for eating, sleeping and full bathroom, including, sink, toilet shower/bath, separate from the principal dwelling unit. (Ord. 2021-14, 9-28-2021)

An IADU shall comply with all building construction and fire codes in effect at the time the IADU is constructed, created or subsequently remodeled, including the obtaining of required building and other permits. (Ord. 2021-14, 9-28-2021)

A single-family dwelling with an accessory dwelling shall have one (1) meter for each water, gas, and electricity utility service, and each meter shall be in the property owner’s name. (Ord. 2021-14, 9-28-2021)

Accessory dwelling units shall not be sold separately nor subdivided from the primary dwelling unit or lot. (Ord. 2021-14, 9-28-2021)

Any person owning an existing accessory dwelling unit that has not previously been permitted by the city, or any person constructing or causing the construction of a residence that has an accessory dwelling unit, or any person remodeling or causing the remodeling of a residence for an accessory dwelling unit, shall register the accessory dwelling unit with the Community Development Department. If the accessory dwelling unit is a rental unit a business license is also required. This shall be in addition to a building permit for the work to be performed. In order to meet the requirements of the registration, the applicant shall:

   A.   Submit a fee as identified in the Consolidated Fee Schedule with a completed registration form/application including a site plan that shows property lines and dimensions, the location of existing buildings and building entrances, dimensions from buildings or additions to property lines, the location of parking stalls, and utility meter.

   B.   Include detailed floor plans with labels on rooms indicating uses or proposed uses.

   C.   Pay building permit fees, if applicable, for the remodeling of an existing dwelling, in accordance with the established fees and charges.

   D.   Make all corrections identified as necessary to comply with building code requirements, as identified by the chief building official or his designee and provide photos of the life safety items required by building code, including carbon monoxide detectors, smoke detectors, and earthquake strapping on water heaters.

   E.   Failure To Complete and Obtain a Land Use Permit: If the property owner does not obtain a land use permit as outlined this chapter, the IADU shall not be considered legal or approved. Failure to obtain a land use permit for an existing dwelling unit within two (2) years of this section may result in a citation for a code violation as governed by Title 1-16. “Code Enforcement,” of this Code.

   F.   Failure to complete registration of IADU: If the property owner does not complete the registration as outlined above, the accessory dwelling unit shall not be considered legal or approved. Failure to complete the registration of an existing accessory dwelling unit may result in a fine, which may result in a lien on the property. After the fine is assessed, the building official or his designee shall determine an appropriate deadline for compliance. An additional fine may be assessed for each deadline that is not met. (Ord. 2021-14, 9-28-2021)

Home occupation businesses which may be approved in an accessory dwelling unit shall be restricted to a home office use which creates no customer traffic. No home occupation business shall be established within an accessory dwelling unit without the express written permission of the property owner, and approval from the City Business license official. (Ord. 2021-14, 9-28-2021)

   A.   Size: The total area of the IADU shall be fifty percent (50%) or less of the total square footage of the primary residence and be located within the footprint of the home.

   B.   Appearance: The architectural design, color pallet, and materials for an IADU shall be similar to the primary dwelling unit.

   C.   Location: IADUs shall meet the same setbacks as required for the primary residence in the zone.

      1.   IADUs and the primary dwelling must be on the same parcel and may not be subdivided.

      2.   Accessory dwelling units may be allowed as long as the zoning requirements for properties in a single-family neighborhood are met. The IADU shall not be within the building front, rear, or side yard setbacks for the zoning district in which the dwelling lot is located. In addition, the following standards apply:

      3.   Attached accessory dwelling units are allowed:

         a.    Over an attached garage, provided the accessory unit does not otherwise disrupt required covered parking.

         b.    Inside the primary residential dwelling through an internal conversion of the housing unit as an addition or in the basement.

         c.    By an addition to the house, containing an internal connection between dwelling units provided that the addition will not alter the single-family character of the building.

   D.   Building Entrances: An accessory dwelling unit shall have a separate entrance located on any side or rear of the single-family home or at the front of the home if it is below grade and maintains the characteristics of a single-family home. The purpose of this requirement is to preserve the single-family residential appearance of the building.

   E.   Parking: A single-family dwelling with an accessory dwelling unit shall provide at least one (1) additional off-street parking space for the IADU. In no case shall the number of off-street parking spaces be less than the number of vehicles being maintained on the premises. This shall include covered parking, garages and tandem parking in driveways. Tandem parking within a driveway is allowed to meet the parking requirement. No parking spaces may be located within the front or side yard setbacks adjacent to a street, except for within an approved driveway. At a minimum, all parking areas and driveways shall be paved with concrete, asphalt, masonry, or concrete pavers. Permitted accessory parking standards must meet minimum parking requirements. No accessory dwelling may be allowed on any lot that cannot satisfy the parking requirements. (Ord. 2021-14, 9-28-2021)