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Delta City Zoning Code

18.60 ACCESSORY

STRUCTURES AND RELATED USES

18.60.010 SPECIFIC CRITERIA FOR ACCESSORY DWELLING UNITS

  1. Purpose. 
    1. Accessory dwelling units (“ADUs”) in zones that allow for residential uses are an important tool in the overall housing goals and needs of the city, and allow for alternative and flexible housing options in owner-occupied, single-family residences. The purposes of the ADU standards of this chapter are to: 
      1. Preserve and enhance life safety standards required for residential occupancy through the creation of a regulatory process for ADUs; 
      2. Provide housing options for individuals and families in all stages of life and/or with moderate income who might otherwise have difficulty finding adequate housing within the city; 
      3. Provide opportunities to offset rising housing costs and promote reinvestment in existing single-family residential zones; 
      4. Preserve the character of single-family neighborhoods through adequate standards governing ADUs; and 
      5. Comply with Utah Code Ann. 10-9a-530, which designates internal ADUs as permitted uses in all single-family residential zones and imposes limitations on the extent that municipalities may regulate ADUs.
  2. Accessory Dwelling Unit: This section is established to provide regulations and design standards for ADUs related to single-family dwellings in residential zone districts.
    1. General Requirements:
      1. Ownership: An ADU shall not be sold separately or subdivided from the principal dwelling unit or lot unless compliant with subdivision regulations.
      2. Residency Required For Rental: An ADU may only be rented, or offered for rent, if the primary dwelling unit or the ADU is occupied by the owner of that property as the owner's primary residence. Owner occupancy means that a property’s owner of record makes such owner’s legal residence at the site for at least 200 days per calendar year, as evidenced by voter registration, vehicle registration, driver’s license, county assessor records or similar means.
      3. Minimum Lot Size: No ADU shall be allowed if the lot containing the primary dwelling is 6,000 square feet or less.
      4. Building Codes: All ADUs shall comply with all applicable building, health, and fire codes.
      5. Short Term Rental Prohibited: ADUs may not be rented, or offered to be rented, for a period less than 30 consecutive days.
      6. Number of ADUs: No more than one (1) ADU shall be permitted per lot and not ADUs shall be permitted on lots that contain more than one principal dwelling.
      7. Permit Required: An ADU may be allowed as a permitted use upon completion and filing of an ADU application form; payment of all applicable fees; completion of a satisfactory property inspection; the city’s receipt of the completed, a signed affidavit required by this chapter; issuance of any necessary building permits; and compliance with all other applicable requirements of this chapter. Permits for ADUs may be renewed annually upon a satisfactory property inspection and payment of an administrative renewal fee. ADUs shall comply with all other applicable building permit, zoning code, fire code and building code requirements.
    2. Additional Requirements For Approval Of Internal or Attached ADUs:
      1. Where Allowed: In any zone that allows for residential use.
      2. Entrances: All entrances for an Internal or Attached ADU shall be located on the side or in the rear of the dwelling.
      3. Parking: Construction of an Internal or Attached ADU shall require the addition of one (1) additional on-site parking space in addition to the previously required parking requirements applicable to the the use of the lot or parcel; and the replacement of any parking spaces contained within a garage or carport if an ADU is created within the garage or carport.
      4. Appearance: An Internal or Attached ADU must be designed in a manner that does not change the appearance of the primary dwelling as a single family dwelling.
      6. Additional Requirements For Approval Of a Detached ADU:
          1. Permitted Locations:
            1. Detached ADUs are permitted as an accessory use to single-family detached dwellings in all residential zoning districts.
          2. Setbacks: Detached ADU setbacks shall be the same as the minimum in the zoning district in which the lot is located.
          3. Maximum Size Permitted: Detached ADUs shall not exceed 50% of the gross livable floor area of the principal dwelling or 1,000 square feet, whichever is less. 
          4. Minimum Size Permitted: Detached ADUs shall not be less than 300 square feet in gross floor area.
          6. Height: Detached ADUs shall not exceed 20 feet in height or the height of the principal dwelling, whichever is less.
          7. Parking: Two(2) additional off-street parking spaces are required for a Detached ADU. Tandem or stacked parking is not allowed to satisfy this requirement. This parking requirement is in addition to any other parking requirements applicable to the use of the lot or parcel.
          8. Permitted Structures Only: Any guesthouse shall be a permanent structure. Trailers, mobile homes, and other portable structures shall not be permitted as detached ADUs. The city’s building official shall make the determination of whether or not a structure is permanent.
          9. Utilities: Detached ADUs shall be connected to the City's water and sewer systems, or to an approved private system if public service is not available. Separate utility meters shall be permitted but are not required.
          10. Nonconforming Units: Legally existing Detached ADUs established before November 5, 2025 that do not comply with the provisions of this chapter shall be considered legal nonconforming uses subject to Delta City Municipal Code 18.56, as amended.
      7. Affidavit: 
        1. All applications for ADU permits shall include a notarized affidavit, signed by the record owner of the property, that includes a description of the primary dwelling unit; a statement that the primary dwelling unit contains an Internal or Attached ADU or that the property contains a Detached ADU, as applicable; and a statement that the ADU may only be used in accordance with the city’s land use regulations. Change in ownership of the primary dwelling shall not require any additional public hearing, but shall require an updated ADU permit, site inspection (if applicable), and signed affidavit.  
        2. The affidavit to an Internal or Attached ADU on the property may be recorded against the deed of the property and serve as a deed restriction, running in favor of the City, which shall prohibit the rental, lease or sale of the Internal or Attached ADU separately from the rental, lease or sale of the primary use or building. Proof that such deed restriction has been recorded shall be provided to the Code Enforcement Officer prior to the issuance of the Certificate of Occupancy or business license for the Internal or Attached ADU.
      8. Inspection: 
        1. Prior to approval of an ADU permit, all required building permits shall be completed by the applicant and inspected by the city’s building inspector to verify compliance with all applicable city standards.
        2. If no additional work is proposed or required to ready an ADU for occupancy, the applicant shall submit a minimum fee building permit application, accompanied by an inspection by the city’s building inspector, to ensure compliance with all applicable standards. 
      9. Termination: 
        1. If the primary dwelling’s record owner changes and is not accompanied by a new ADU application, or if the primary dwelling’s record owner is no longer permanently residing in the primary dwelling, then the ADU shall be immediately vacated and shall no longer be used as an ADU. The city may revoke, or may choose to deny license renewal, to any property with unresolved violations of this code arising from or related to operation of an ADU. The city may also hold a lien against a property that contains an ADU that violated this chapter pursuant to the procedures detailed in UTAH CODE ANN. 10-9a-530(5), as amended.
    HISTORY
    Amended by Ord. 19-282 on 12/4/2019
    Amended by Ord. 20-286 on 6/17/2020
    Amended by Ord. 22-295 on 6/15/2022
    Amended by Ord. 2025-322 on 11/5/2025

    18.60.020 Storage Containers

    1. Purpose:
      1. The purpose of the cargo storage containers standards is to establish regulations for the use of cargo storage containers within the city limits of Delta City; requiring a permit for the placement of such containers; providing standards for use of cargo storage containers; and providing enforcement for violations of this ordinance.
    2. Temporary Storage Containers for Construction. This ordinance applies to any tract of land developed for commercial or residential purposes within the City limits. The location and use of Cargo Storage Containers shall be as follows:
      1. Temporary Cargo Storage Containers for Construction: No person shall store, maintain, or otherwise keep a cargo or shipping container temporarily on any lot or parcel of property within the City without first having obtained and possessing an active construction building permit issued by the City where construction is ongoing, and Applicant has obtained from the City a permit for placement of a cargo storage container.
        1. Prior to the placement of a cargo storage container the property owner must submit an application for a permit on the form established by the Delta City staff and shall include with the permit application, at a minimum, a site plan showing the location of all buildings, structures, and fences and the proposed location of the portable storage container, the square footage of the cargo storage container, the zone in which the real property is located, and show how the real property will comply with the terms of this ordinance.
        2. Cargo Storage containers may not exceed 46’ in length.
        3. Permits are valid for a period not to exceed one (1) year or until 30 days after a certificate of occupancy has been granted, or a building permit has expired.
        4. Upon review and approval of a request for an extension; the Code Enforcement Officer may grant one (1) six (6) month extension.
      2. The following are not required: (1) a foundation is not required since they are temporary structures; (2) ventilation is not required; (3) electricity is an option but not required; (4) tie-downs are not required unless electricity is installed;
      3. Placement Requirements: The Cargo Storage Container shall only be placed on the Applicant’s property, setbacks are to be at least 8 feet from property line, and placement of portable storage container may not create a sight obstruction to adjoining properties.
    3. Temporary storage containers for business purposes, besides storage. 
      1. A storage container shall be used solely for the transportation or shipment of goods and products,
      2. It is unlawful to use a storage container for business operations, and 
      3. A storage container not being actively used for transportation or shipment shall not be stored within Delta City.
      4. The only exception to the temporary placement of a storage container shall be for a seasonal use such as use of a storage container short term temporary storage ofstore fireworks the Fourth of July, Pioneer Day, and Christmas inventory storage, subject to the following restrictions:
        1. A storage container shall not be placed without issuance of a permit, which shall be issued without cost or fee.
        2. Only one storage container may be placed per parcel. 
        3. A Storage container shall be set within applicable setbacks and not in a way to restrict safe traffic flow if place in a parking lot.
        4. A permit issued pursuant to this section shall not exceed 30 days. 
    4. Permanent Storage Containers in Industrial (I-1) Zones: Cargo Storage Containers may be permanently placed in a Industrial zone (I-1) only after an Applicant’s application has been approved by Delta City. Cargo Storage Containers may be permanently placed in an Industrial zone only after Applicant has filed for a building permit allowing placement of the container. (The placement and installation of Permanent Cargo Storage Containers shall not be permitted until a Cargo Storage Permit and Applicant has strictly complied with all terms hereunder).
      1. Cargo Storage Containers cannot be stacked, and no container may exceed 46’ in length.
      2. A maximum of three (3) Cargo Storage Containers may be permitted on any one lot.
      3. All Cargo Storage Containers shall be located behind the main or primary structure on the lot or parcel of land and are subject to the same setback requirements as an accessory building.
      4. Cargo Storage Containers shall be free of graffiti and painted an earth tone color.
      5. All Cargo Storage Containers shall be structurally sound, stable, and in good mechanical and visual repair.
    5. Permanent Storage Containers in any zone other than Industrial (I-1). Cargo Storage Containers may be permanently placed on a residential lot in any zone allowed by Delta Utah Code 18.16.010 only after an Applicant’s application has been approved by Delta City. The placement and installation of Permanent Cargo Storage Containers on a residential lot shall not be permitted until a Cargo Storage Permit has been issued, and Applicant has strictly complied with all terms hereunder within thirty (30) days of placement:
      1. Cargo Storage Containers cannot be stacked, and no container may exceed 46’ in length.
      2. A maximum of one (1) Cargo Storage Container may be permitted on any one lot.
      3. All Cargo Storage Containers shall be behind the main or primary structure on a residential lot or parcel of land and are subject to the same setback requirements as an accessory building.
      4. Cargo Storage Containers shall be free of graffiti and painted an earth tone color.
      5. All Cargo Storage Containers shall be, structurally sound, stable, and in good mechanical and visual repair.
      6. Cargo Storage Container shall not be used to store hazardous materials and materials stored within cargo containers are subject to review and approval by the fire marshal.
      7. Cargo containers shall not occupy required off-street parking, loading or landscaping areas.
      8. A building permit is required prior to placement of a Cargo Storage Container, ensuring effective anchoring/foundation according to the then most current edition of the International Building Code. The application shall show the proposed cargo container is accessory to the permitted use of the property and meets the placement criteria for the zone
    6. Regulation Applicable in All Zones.
      1. It is unlawful to park, place, or otherwise locate a Cargo Storage Container on any fire access lane, public street, public easement, or public right-of-way without the express, written permission of the Code Enforcement Officer. The City may abate any unlawful situation without notice and at the expense of the owner of the container. 
      2. Cargo containers shall not be used for any advertising purpose and shall be kept clean of all alpha-numeric signage and writing. 
      3. Cargo Storage Containers may not be used for human habitation, nor may any portion or part of a Cargo Storage Container be part of, an appendage of, or used as construction material for any structure that will be occupied by individuals or used for any other purpose other than storage.
    7. Enforcement. 
      1. Any person whether owner, lessee, principal agent, employee or otherwise, who violates any of the provisions of this ordinance, or permits any such violation, or fails to comply with any of the requirements hereof, or who stores, maintains, or otherwise keeps a cargo/shipping container in violation of any detailed statement of plan submitted by owner and approved under the provisions of this ordinance shall be guilty of an Infraction and, upon conviction thereof, shall be subject to punishment as provided by Utah State law.


    HISTORY
    Adopted by Ord. 22-295 on 6/15/2022

    19-282

    20-286

    22-295

    2025-322