This chapter is established to conserve and protect the residential character of neighborhoods, maintain desirable, attractive, and safe places to live, and protect investments in our communities. (Ord. 23-16, 11-21-2023)

An accessory dwelling unit (“ADU”) may be either internal or external. An internal ADU is defined as a living area within a single-family dwelling. An external ADU is defined as a living area within an accessory structure or detached garage on the same parcel as a single-family dwelling.

The following regulations are for ADU’s generally, and apply to both internal and external ADU’s:

   A.   Zone: An ADU shall be permitted in all zones that permit detached single family dwellings. A mobile home shall not qualify as a detached single-family dwelling for purposes of establishing an ADU.

   B.   Permits: An ADU permit shall be obtained before the owner may rent out an ADU. A separate building permit shall be obtained for any modification to the structure.

   C.   Number: Only one (1) ADU shall be permitted on any legal zoning lot and shall be subordinate in size and scale to the primary dwelling.

   D.   Lot Area Requirements: An ADU shall not be permitted on lots under 6000 sq. feet.

   E.   Appearance: The ADU shall not alter the appearance of the structure from that of a single-family dwelling. Any addition or exterior improvement shall be similar in character to the existing dwelling.

   F.   External Connection: An ADU shall have its own dedicated external connection. Access through a garage shall not qualify as the required external connection.

   G.   Occupancy: Owner occupancy of the single-family dwelling shall be required to establish and maintain an ADU. An owner’s temporary absence shall not relieve this requirement. Owner occupancy requires primary residency of at least 50% of ownership on property title. Occupancy in the single-family dwelling shall be one family as defined in Fillmore City Code while occupancy in the ADU shall be no greater than four (4) adults, regardless of family status.

   H.   Second Kitchens. The ADU and the single-family dwelling shall each have no more than one (1) kitchen.

   I.   Required Improvements: Curb, gutter, and sidewalk along the frontage of the parcel shall be installed and maintained. If a curb, gutter, or sidewalk is in a state of disrepair, it shall be repaired or replaced prior to the issuance or renewal of an accessory apartment permit.

   J.   Utilities: Existing utility laterals and service connections will need to be inspected and upgraded as deemed necessary by the utility provider. Establishment of an ADU does not authorize an additional utility meter. The property shall have no more than one (1) meter for each utility service. An ADU is not permitted on property served by a failing septic system or utility connections that are insufficient to support the ADU. Installation of any new utilities is subject to imposition of applicable impact fees.

   K.   Addresses: The single-family dwelling and the ADU shall have independent addresses assigned by the city. These addresses shall be clearly visible from a public street. It is the responsibility of the property owner to install and maintain visible address placards.

   L.   Parking: Four (4) total off-street parking spaces are required to establish and maintain a single-family residence with an ADU, as restricted by Utah State Code. Parking spaces may be in tandem. No more than one side yard may be utilized for parking. The parking spaces shall:

      1.   Be hard surfaced and accessed by a hard surfaced driveway,

      2.   Be served by the same drive approach, with no more than one curb cut permitted in order to prevent the appearance of a duplex,

      3.   Not be located closer to the front lot line than the dwelling unless the parking space leads to covered parking,

      4.   Serve the same address if two parking spaces are in tandem, tandem spaces shall not be more than two vehicles in depth, and continuously be available for parking and not obstructed by storage or other items.

   M.   Conformance with Fillmore City Code. A violation of any Fillmore City Code may result in denial, suspension, or revocation of an ADU application or permit.

   N.   Duration and Severance. An ADU permit is only valid for the duration of ownership of the applicant and does not run with the land. The ADU shall terminate whenever owner occupancy is not maintained or when an owner occupant elects to discontinue using the living space as an ADU. If an accessory apartment is denied, revoked, or discontinued, and the ADU address shall be removed from the structure.

   O.   Recordation. A Notice of Present Condition outlining the permitted use of the accessory dwelling on the property shall be recorded with the Millard County Recorder’s Office prior to issuance of the permit. After the notice is recorded, the City shall provide a copy of the notice to the property owner. (Ord. 23-16, 11-21-2023)

The following shall apply to internal ADU’s, in addition to the general requirements:

   A.   Location: The internal ADU shall be located inside the single-family dwelling.

   B.   Access: The internal ADU shall have its own exterior entrance. To preserve the appearance of a single family dwelling, the exterior entry into an internal ADU shall be located only on the side or rear of the structure.

   C.   Interior Connection: While an interior connection is not required for purposes of zoning, this may be prudent for purposes of fire and building codes. In such cases, a door with a lock or deadbolt is an appropriate form of connection. (Ord. 23-16, 11-21-2023)

The following shall also apply to external ADU’s, in addition to the general requirements:

   A.   Location: The external ADU shall only be permitted on a property where the primary dwelling is a single family dwelling.

   B.   Distance From Primary Dwelling: The external ADU shall be detached from the primary dwelling and shall be located at least ten feet (10') from the primary structure.

   C.   Location and Setback: The accessory structure shall be located in either the rear or side yard, with no less than a ten foot (10') setback from the rear and side lot lines, unless the accessory structure is located at the front yard setback of an adjacent corner lot, in which case, the side yard setback to the nearest side lot line must be at least fifteen feet (15').

   D.   Height: The accessory structure height may not exceed twenty-four feet (24') to the mid-point for a sloped roof and twenty feet (20') to the cornice for a flat roof.

   E.   Size: An external ADU shall not exceed nine hundred (900) square feet in floor area. An external ADU may be located in an accessory structure that also serves another use, such as parking or storage. In no case shall the total floor area of the accessory structure exceed fifteen hundred (1500) square feet.

   F.   Access: The external ADU shall have its own exterior entrance and have a paved pedestrian access from the street to the ADU front door. The pedestrian access shall be clearly marked as the entrance for that address.

   G.   Utilities: Any property not currently connected both water and sewer is required to connect to municipal water and sewer prior to obtaining a permit for a external ADU. Retiring of any septic system shall meet all County health department policies and regulations. (Ord. 23-16, 11-21-2023)

To obtain an ADU permit, an applicant shall:

   A.   Submit a completed application and:

      1.   A site plan showing the location of the single-family dwelling structure and any accessory structures. The site plan shall include dimensions, setbacks, distance between the single-family dwelling and any accessory building, location of utility meters, and location and dimensions of parking spaces.

      2.   A floor plan labeling the rooms, egress windows and their dimensions, ADU, interior connection (if applicable), and exterior entrances.

      3.   Payment of the application fee as shown in the fee schedule.

   B.   Complete and pass a building inspection to ensure compliance with this Chapter, building and fire codes, and any other applicable ordinances.

   C.   Install an address placard displaying the assigned address for the ADU.

   D.   The property owner shall sign the Notice of Present Condition establishing the ADU, which the City will record on the property. The notice shall:

      1.   Describe the primary dwelling

      2.   State that the primary dwelling contains either an internal or external accessory dwelling unit

      3.   State that the internal or external accessory dwelling unit may only be used in accordance with the City’s land use regulations. (Ord. 23-16, 11-21-2023)

Owner occupancy status shall be determined as follows:

   A.   A determination of owner occupancy may be rebutted by documentation submitted to the Planning and Zoning Administrator that shows the individual(s) claiming homeowner occupancy is (or are) an owner occupant. An owner occupant possesses at least 50% ownership and has a bona fide intent to establish and maintain primary residency in the dwelling. Documentation may include loan documents, title, tax returns, residency status, driver’s license, insurance statements, rental agreements, and any other documentation indicating proof of ownership and primary residency.

   B.   Once staff has made a final determination of owner occupancy status, an applicant may appeal to the Appeal Authority. (Ord. 23-16, 11-21-2023)

Any ADU legally established prior to this ordinance shall obtain an ADU permit and shall not be denied a permit due to inability to satisfy a provision of this Chapter if that provision was not required by the ordinance in effect at the time of legal establishment. The property owner has the burden of proof that the property was both legally established and has been maintained as an ADU since the date of establishment. The inquiry to determine legal establishment shall be met by the preponderance of the evidence based on information such as: the zoning designation and any overlays at the time of establishment, the applicable zoning ordinance, building permits, any rental records, affidavits, utility records, city and county records, tax records, and any other information indicating prior use and/or legal establishment. (Ord. 23-16, 11-21-2023)

The intention of the ADU ordinance is to provide an economic incentive to support homeowner occupancy while also providing affordable housing to renters. The intention is not to create duplex or twin home developments. Violations of the ADU ordinance shall be as follows:

   A.   Any violation of this Chapter may result in up to a Class C Misdemeanor.

   B.   In addition to the criminal penalty listed above. Fillmore City may hold a lien against the property.

      1.   Fillmore City will provide written notice of the violation(s). The notice shall include a description of the specific violation and give the property owner to cure the violation within 30 days. The notice shall be mailed to the property owner of record and/or anyone designated to receive notice on behalf of the property owner of record and be posted on the property.

      2.   The property owner shall have the right to a hearing, if the property owner files a written objection within 14 days after the day in which the notice of violation is post-marked or posted on the property.

      3.   The City will then hold a hearing in accordance with Title 52, Chapter 4 Open and Public Meetings Act to conduct a review and determine whether the specific violation(s) described in the written notice of violation has occurred. The property owner shall be notified in writing of the date, time and location of the hearing no less than 14 days before the hearing is to be held.

      4.   If at the hearing the City Council determines the specific violation occurred, the City 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.

      5.   The written notice of lien shall be filed with the Millard County Recorder describing the specific violation(s) and that the City provided the property owner 30 days to cure and that the property owner failed to cure the violation(s).

(Ord. 23-16, 11-21-2023)