A.   I-ADUs shall be a permitted use in all primary residential zoning districts except as prohibited within the areas identified on the map included as Exhibit A in section 9-31-090 of this chapter. I-ADUs may only be established in the prohibited areas identified in Exhibit A of section 9-31-090 upon approval of a deviation by the planning commission as outlined in section 9-31-055.

B.   D-ADUs shall be a permitted use in all primary residential zoning districts, master planned community zones (MPC), and residential special districts (RSD) on individual lots or parcels twelve-thousand square feet (12,000 ft²) or greater in size that contain no more than one single-family dwelling, except as described in section 9-31-020(C) below.

C.   Properties identified in Exhibit B of Section 9-31-090 that were originally constructed with carriage houses or apartments above their detached garages, as described in the South Mountain Design Guidelines, and those carriage houses or apartments exist as of August 6, 2024, shall be exempt from the minimum lot size requirements of section 9-31-020(B) above. (Ord. 1032, 10-23-2012; amd. Ord. 1499, 9-21-2021; Ord. 1617, 8-6-2024)

A.   An ADU shall not be rented or leased or offered for rent or lease unless the owner of record possesses a valid ADU Permit.

B.   D-ADUs shall not be permitted for any property containing an I-ADU. As a condition of approval for an application for a new D-ADU the owner of record shall agree to waive any right to create an I-ADU on the same property unless the D-ADU is first removed from the property. This condition shall be included in the recorded notice of accessory dwelling unit required by section 9-31-060 of this chapter.

C.   Primary dwellings are not permitted to contain more than one I-ADU. I-ADUs are not permitted within a D-ADU or other detached structure.

D.   I-ADUs shall not be permitted in single-family residential dwellings located on lots or parcels that are six-thousand square feet (6,000 ft²) or less in size.

E.   I-ADUs are not permitted within mobile homes.

F.   I-ADUs are not permitted within a primary dwelling unit serviced by a failing septic system.

G.   Separate utility meters may not be installed for any I-ADU or D-ADU.

H.   An I-ADU shall not be rented or leased for a time period of less than thirty (30) consecutive days. Only one rental agreement or lease shall be in effect at any one time.

I.   No ADU or dwelling associated with an ADU may be separately rented, leased, hired or loaned unless the owner of record occupies either the dwelling or the ADU as their primary residence.

J.   An ADU Permit issued by the zoning administrator shall be required for the development and use of any ADU and shall only be issued once all regulations and standards of this section and sections 9-31-040 or 9-31-045 as applicable to the specific type of ADU are met. The ADU Permit shall be subject to the application and review procedures, including the annual renewal requirements and procedures of section 9-5-210. (Ord. 1132, 2-17-2015; amd. Ord. 1499, 9-21-2021; Ord. 1626, 11-12-2024)

A.   Separate Structure: A D-ADU is a separate structure from the single- family dwelling contained on the same lot or parcel as the single-family dwelling.

B.   Conditions: A D-ADU shall comply with the applicable requirements of section 9-31-030 and all of the following conditions:

1.   Only one D-ADU shall be allowed per lot or parcel.

2.   A D-ADU shall comply with the same setbacks for a main building in the zoning district in which the lot or parcel is located.

3.   A D-ADU shall be located within the rear yard area of the lot or parcel and is prohibited within the front yard area.

4.   At least one additional parking stall above the minimum required for the single-family dwelling shall be provided on site and be reserved for exclusive use by occupants of the D-ADU. The parking stall(s) provided for use of the occupants of the D-ADU may not be located in tandem with parking stalls designed to serve the single-family dwelling and shall be accessible from the street by a driveway. Driveways must conform to all requirements of section 9-10-075 and other applicable requirements of this title. Parking stalls shall be constructed of concrete or asphalt and shall comply with the applicable requirements of sections 9-25-070 and 9-25-080.

5.   The total square footage of a D-ADU shall not exceed fifty percent (50%) of the single-family dwelling's total square footage not including the garage.

6.   A D-ADU shall comply with all building construction and fire codes in effect at the time the D-ADU is constructed, created or subsequently remodeled, including obtaining the required building and other permits.

7.   The architectural design, color pallet, and materials of a D-ADU shall match those of the single-family dwelling.

8.   The height of a D-ADU shall conform to the height limit specified for main buildings in the zoning district in which it is located. (Ord. 1132, 2-17-2015; amd. Ord. 1499, 9-21-2021; Ord. 1626, 11-12-2024)

A.   Existing Structure: An I-ADU shall be contained within the existing footprint of the primary dwelling. Second kitchens within the primary dwelling's footprint are not considered an I-ADU and are subject to requirements found in chapter 30 of this title. An existing second kitchen located within a primary dwelling can be converted as part of an application for the creation of an I-ADU in compliance with all other standards for I-ADUs listed in this chapter.

B.   Conditions: An I-ADU shall comply with the applicable requirements of section 9-31-030 and with all of the following conditions:

1.   Only one I-ADU shall be allowed per lot or parcel.

2.   At least one additional parking stall above the minimum required for the primary dwelling shall be provided on site and be reserved for exclusive use by occupants of the I-ADU. The parking stall(s) provided for use of the occupants of the I-ADU may not be located in tandem with parking stalls designed to serve the primary dwelling and shall be accessible from the street by a driveway. Driveways must conform to all requirements of section 9-10-075 and other applicable requirements of this title. Parking stalls shall be constructed of concrete or asphalt and shall comply with the applicable requirements of sections 9-25-070 and 9-25-080.

3.   If an I-ADU is created within a garage or carport attached to the primary dwelling, the parking spaces contained within the garage or carport that are removed shall be replaced in accordance with current parking and access standards.

4.   The I-ADU shall comply with all applicable building, health and fire codes in effect at the time the I-ADU is constructed, created or subsequently remodeled. The owner of record shall be responsible to ensure that all required building permits and other permits are obtained for the creation of an I-ADU.

5.   In accommodating an I-ADU within the primary dwelling, the exterior of the primary dwelling may not be changed or altered in a manner that would alter the appearance of the primary dwelling from that of a single-family dwelling. (Ord. 1499, 9-21-2021)

1.   The lot or parcel on which the primary dwelling is located is at least six thousand square feet (6,000 ft²);

2.   No D-ADU exists on the property;

3.   The proposed I-ADU meets all of the requirements of sections 9-31-030 and 9-31-045, including other applicable requirements of this chapter; and

4.   At least two (2) parking stalls meeting the requirements of 9-31-045(B)(2) are provided for use by occupants of the I-ADU. (Ord. 1499, 9-21-2021; amd. Ord. 1626, 11-12-2024)

A.   As part of the ADU permit process, the owner of the property shall execute a “notice of accessory dwelling unit” affidavit. The city shall record the notice with the county recorder as a use condition on the property. The notice shall be in a form approved by the Draper City attorney. Once recorded, a copy of the notice shall be delivered to the owner of record.

B.   The notice of accessory dwelling unit shall include:

1.   A legal description and address of the property;

2.   Either of the following statements as applicable to the type of ADU permit being issued:

a.   The primary dwelling contains an approved I-ADU and that the I-ADU may only be used in accordance with the land use regulations of Draper City; or

b.   The property has an approved D-ADU and that the D-ADU may only be used in accordance with the land use regulations of Draper City. (Ord. 1132, 2-17-2015; amd. Ord. 1499, 9-21-2021)

A.   Accessory dwelling units legally established prior to October 1, 2021 may continue to operate under the applicable provisions in effect at the time they were approved and established in accordance with chapter 6 of this title. Legal nonconforming ADUs shall also be required to obtain and maintain an ADU permit under the procedures of section 9-5-210.

B.   Existing legal nonconforming ADUs without separate street addressing or mailboxes, shall be permitted under this section to obtain and display a separate street address and add the accompanying mailbox to the property without affecting their nonconforming status. All addressing must receive approval from both Draper City and the Salt Lake County Addressing department. (Ord. 1499, 9- 21-2021)

A.   Notice of Violation:

1.   Whenever an owner of record has violated any of the provisions of this chapter the city shall provide a written notice of violation. The notice of violation shall:

a.   Describe the violation;

b.   Provide the owner of record an opportunity to cure or correct the violation that is:

(1)   Not less than fourteen (14) days after the notice of violation is issued, for violations of 9-31-030(H);

(2)   Not less than thirty (30) days after the notice of violation is issued for any other violation;

c.   Include a statement that if the owner of record fails to cure the violation within the given time period that they may be subject to daily fines, liens, the revocation of permits or approvals, criminal prosecution, and other enforcement actions permitted by applicable law;

d.   Provide notification to the owner of record that they may file a written objection to the violation within fourteen (14) days after the day on which the written notice of violation is post-marked or posted on the property;

e.   Indicate the department name and address where the owner of record may file the written objection;

f.   Be mailed to the owner of record, or to any other individual designated to receive notice in the owner's license or permit records, and a copy shall be posted on the property.

2.   If an owner of record files a written objection to the written notice of violation in accordance with Utah Code 10-9a-530(5) as amended, the zoning administrator shall provide notice, hold a hearing, and conduct a review to determine whether the violation described in the written notice of violation has occurred. If the zoning administrator determines that the violation in the notice of violation has occurred, the city may impose any remedies permitted by applicable law.

3.   If an owner of record does not file a written objection to the notice of violation and does not cure the violation within the time period provided in the notice, the city may impose any of the remedies listed in this section or others as permitted by applicable law.

4.   If an owner of record cures a violation within the time period prescribed in the notice of violation, or if the zoning administrator finds that the violation listed in the notice of violation has not occurred, the city may not impose sanctions.

B.   Liens:

1.   Notice of lien:

a.   A written notice of lien issued under this section shall:

(1)   Comply with the requirements of Utah Code 38-12-102 as amended;

(2)   State that the property is subject to a lien;

(3)   Specify the lien amount for each day of violation after the day on which the opportunity to cure the violation expired; and

(4)   Be mailed to the owner of record, or to any other individual designated to receive notice in the owner's license or permit records, and a copy of the notice shall be posted on the property.

b.   Each notice of lien shall be recorded with the respective county recorder.

C.   Revocation:

1.   An ADU permit may be revoked if the zoning administrator determines:

a.   Actions taken under the permit do not conform to the approved plans, specifications, or conditions of the permit;

b.   The permit was procured by false representation;

c.   The permit was issued by mistake; or

d.   That other applicable provisions of this title are being violated.

2.   The city shall serve written notice of revocation by mailing the notice by certified mail to the owner of record as listed on the ADU permit, or by posting the notice in a prominent location on the site.

3.   After the written notice of revocation is served no further construction for an ADU may continue until a new permit is issued, or the permit is reinstated by the zoning administrator.

a.   If the permit was issued by mistake, the city shall notify the owner of record of the mistake and the actions or changes that must be made to bring the ADU into compliance with applicable requirements and ordinances.

b.   For properties where a permit has been revoked for any reason other than a mistake, a new or reinstated ADU permit may not be issued except in conformance with applicable ordinances, resolutions, regulations, and requirements.

4.   If an ADU permit is revoked due to failure to comply with the approved plans, specifications, or conditions of the permit or when other applicable provisions of this title are being violated, a written notice of violation shall be provided with the notice of revocation.

5.   Properties for which an ADU permit has been revoked may be subject to the recordation of a notice of non-compliance against the property and shall be prohibited from renting, leasing, hiring or loaning the accessory dwelling unit.

D.   Other remedies: The city shall have such other remedies as are and may be from time to time provided by Utah law or city ordinance for the violation of any provision of this title.

E.   All remedies pertaining to violations of this chapter are cumulative. (Ord. 1499, 9-21-2021)