Accessory Dwelling Units or ADUs are intended to provide affordable housing and accommodate expanding population due to changes in household member size and residents in different stages of life. This Chapter governs the development and use of ADUs.

ACCESSORY DWELLING UNIT (ADU): A Detached Accessory Dwelling unit (DADU) or an Internal Accessory Dwelling Unit (IADU) both as defined herein.

ACCESSORY DWELLING UNIT, DETACHED (DADU): A detached dwelling unit consisting of all or any part of a detached accessory building to a single-family dwelling not physically connected in any way to the single-family dwelling which is architecturally compatible to the neighborhood and single-family dwelling and located on the same lot.

ACCESSORY DWELLING UNIT, INTERNAL (IADU): An attached dwelling unit within, or adding to, the footprint of a single-family dwelling and is architecturally compatible with the single-family dwelling and neighborhood.

1. An ADU shall be permitted and constructed as an accessory dwelling to a habitable primary dwelling.
2. No more than one ADU per detached permitted on a single-family lot.
   

1. The entrances to ADUs shall be to the side or rear of the primary dwelling or ADU.
2. Front access or entry into an IADU shall be reviewed by the Community Development Director, Zoning Administrator, or their designee.
3. All residences with an IADU shall only have one front door visible from the street.
   
4. ADU height shall be limited by both the regulations of the base zoning district and by the height of the primary dwelling unit and shall be the lesser height of the two.
   

Either the primary dwelling or the ADU must be occupied by the primary dwelling owner of record as defined in Chapter 2 of the Grantsville Land Use and Management Code

1. ADUs shall be a permitted use in all single-family residential zoning districts, namely R1- 8, R1-12, R-1-21, RR-1, RR-2.5, RR-5, A-10, CN, CS, and CD., Planned United Development (PUD), and MU. 2. ADUs shall be permitted in multi-family zoning districts, namely RM-7 and RM-15, only on single family lots. 3. Internal ADUs are not permitted on single family lots with an area less than 6,000 square feet. 4. Internal ADUs are not permitted in mobile homes. 5. DADUs are not permitted in developments in which code exceptions or deviations have been granted.

Purpose: The purposes of this section and any rules, regulations, standards and specifications adopted pursuant hereto are: 1. Minimal Impacts: To accommodate such housing in residential neighborhoods with minimal impacts on the neighborhood in terms of traffic, noise, parking, congestion, proximity to neighboring dwelling units, and compatible scale and appearance of residential buildings.

2. Decline In Quality: To prevent the proliferation of rental dwellings, absentee ownership, Building Code violations and associated decline in quality of residential neighborhoods.

3. Terms And Conditions: To set forth standardized terms and conditions for ADUs and procedures for review and approval of the same.

a. Applications. Applications for a DADU shall be submitted and reviewed by the Planning Department as outlined in title 25.2.12. b. Allowed Use: ADUs may be an allowed use as designated by the underlying zone(s) found in title 25.2.3. c. Standards: The following standards and conditions shall apply to all Detached Accessory Dwelling Units (DADUs) as specified, in addition to any terms and conditions of approval as imposed by the Planning Department or the Planning Commission during the permitted use, conditional use permit, or subdivision process:

4. Location: An ADU shall only be allowed as part of, or in conjunction with, a single-family dwelling, and DADUs shall meet the height and building footprint area standards of the underlying zone for accessory buildings. 5. Number: A maximum of one ADU may be allowed per single-family dwelling. 6. Design And Character: The ADU or IADU shall be clearly incidental to the single-family dwelling, and shall not adversely affect the residential character of the surrounding neighborhood. An ADU shall be designed in such a way that neighbors or passersby would not, under normal circumstances, be aware of its existence. 7. Size: DADU shall be equal to or subordinate to the footprint of the original Single-family dwelling. An IADU shall be equal to or subordinate to the floor area of the original single family dwelling.

a. No basements will be permitted within a DADU. b. No more than 3 bedrooms will be permitted within a DADU.

8. Lot Size:

a. The creation of an IADU is prohibited if the lot size\containing the primary dwelling is less than six thousand (6,000) square feet in size. b. The creation of a DADU is prohibited if the lot containing the primary dwelling is less than twelve thousand (12,000) square feet in size.

9 Setbacks

a. 10’ foot separation between buildings b. Side yard setbacks: 7.5/15* feet c. Rear yard setbacks: 10 feet

10. Construction Codes: The ADU shall comply with all Construction, Housing and Building Codes in effect at the time the ADU is constructed and shall comply with all procedures and requirements of the City building regulations. 11. Foundation: The ADU must be adequately installed and secured to a permanent concrete foundation in accordance with the building codes, as adopted and amended by the City.

12. Occupants: The ADU shall be occupied exclusively by one family.

a. See Grantsville definition of a family.

13. Temporary Absentee Ownership:

a. Temporary absentee property ownership may be allowed due to circumstances, such as military assignments, employment commitments, family obligations and quasipublic service. b. Notwithstanding the foregoing, the maximum time period allowed for temporary absentee property ownership shall not exceed twelve (12) months. In the event such temporary absentee property ownership occurs, the property owner may rent both the ADU and the primary dwelling to unrelated third parties as defined herein. c. The Community Development Director, Zoning Administrator, or their designee may extend the twelve (12) month temporary absentee owner period when the property owner can provide sufficient evidence that the circumstances justifying the exception will last longer than one year. The Community Development Director, Zoning Administrator, or their designee may not authorize a temporary absentee ownership unless the application includes a definite termination date of the temporary absence. d. An unrelated third party is any person who is not related to the primary owner of a dwelling within 3 degrees of consanguinity. e. This subsection does not prohibit the occupation of a primary dwelling or ADU by a related party, or a domestic partner of the property owner, during a period of the property owner's absence.

15. Notice Of ADU: Grantsville City will record a notice in the office of the Tooele County Recorder on the lot in which the ADU is located. The notice shall include:

a. A statement that the lot contains an ADU including the type and address; and b. A statement that the ADU may only be used in accordance with the City's regulations. The City shall, upon recording the notice deliver a copy of the notice to the owner of the ADU.

16. Site Development: Upon consideration of approval of a permitted use, or a conditional use permit for an ADU, an application for site development shall be submitted in accordance with the provisions of chapter 7 of this title.

1. The installation and/or construction of an ADU shall require the application for and issuance of a building permit. 2. An ADU building permit application shall include a scaled site plan. The site plan must indicate the locations and dimensions of property lines and existing buildings, building entrances, setbacks, parking spaces, driveways, utility meters, and utility laterals and conduits. The site plan need not be engineered. 3. An ADU building permit shall clearly identify that it is for an internal ADU. Unless otherwise required by applicable building or fire codes, an internal ADU shall not be required to construct one-hour fire rated separations between the area of the primary dwelling used by the primary dwelling occupants and the ADU portion of the primary dwelling. ADUs shall comply with all state adopted building and fire codes applicable to dwellings in Grantsville City. 4. A DADU building permit shall clearly identify that it is for a detached ADU. A detached ADU shall comply with all state adopted building and fire codes applicable to dwellings in Grantsville City.

Internal ADUs are required to share utility meters, accounts, as well as water and sewer laterals with the primary dwelling.

DADUs are required to have separate utility meters, accounts, as well as water and sewer laterals to the dwelling

1. An ADU shall provide one additional on-site parking stall per ADU. No ADU parking space may be located within the front or side yard setbacks adjacent to a street except for within an approved driveway.
2. If parking within a garage is displaced due to the construction of an internal ADU, the equivalent number of parking stalls must be replaced on site.
3. The Community Development Director, Zoning Administrator, or their designee shall review all ADU site plans to determine the required number of parking stalls required for the ADU.
   

An internal ADU and DADU shall be provided with a unique address to differentiate it from the primary dwelling.

Internal ADUs shall not be required to pay impact fees.

DADUs will be subject to pay impact fees.

The owner of an ADU shall be required to obtain a city business license to collect rental fees, advertise for rent and/or rent the ADU.

Subject to the primary dwelling owner's written consent, an ADU may contain a home occupation, which must be conducted entirely within the ADU.

1. Internal ADUs shall be permitted throughout the site plan process.
2. Application Process for Established Residential Areas. a. After a complete DADU application has been accepted by the City, the application will be distributed to members of the Development Review Committee (DRC) for review and comment. The DRC shall follow the application review process as outlined in chapter 21 of the GLUMDC. b. The applicant shall provide any additional information requested and make any changes required by the DRC. any revised drawing are submitted by the applicant to the City, the DRC will then review the revised drawings. Within 15 days of the second submittal, the DRC will meet to discuss and verify that all changes were made.If additional changes are needed, the comments will be sent back to the developer. All revised drawing submittals require a 15-day review by the DRC.Only a complete application, with the approval of the DRC, will move forward for consideration to the Planning Commission.
3. Application Process for New Residential Subdivisions That Include DADU’s. a. When submitting an application, the developer shall notify the City that they intend to implement DADU’s in their subdivision. b. The developer shall submit a conceptual layout of the subdivision including the DADU’s as outline in chapter 11 of the GLUMDC. c. Subdivision applications that include DADU’s will need to go through a public hearing and a consideration from Planning Commission and approval from City Council to implement DADU’s prior to the City accepting a preliminary subdivision application.

1. An ADU may not be sold or divided from the primary dwelling through deed, condominium, subdivision, plat, boundary line agreement, or otherwise.
2. ADUs shall be limited in the multi-family zoning districts to single-family dwelling lots.
3. ADUs shall not be included in the density calculations for a planned use development (PUD), unless the developer has specifically requested from the Planning Commission the ability to construct ADUs within the construction of primary dwellings, and received approval from the Planning Commission.
   

1. A violation of any provision of this Chapter shall be a civil offense.
2. Notice of the violation and associated civil penalties shall be delivered by first-class regular U.S. mail to both:
   1. the address of record with the Tooele County Recorder's Office; and
   2. the street address of the primary dwelling.
3. A violation of this Chapter shall be punishable by a civil penalty of $100 per occurrance. Following a cure period of 30 days from the date of the notice of violation, every week the violation continues shall be considered an additional occurrence of the same violation, and shall result in the imposition of an additional $100 civil penalty per week of the continuing violation.
   

1. The applicant who has submitted an application to the City under this Chapter may appeal any decision made by the Community Development Director, Zoning Administrator, or their designee or Planning Commission regarding an ADU to the Grantsville City Board of Adjustment. Any decision issued by the Board of Adjustment shall be final.
2. Any appeal shall be presented to the Grantsville City Recorder in writing within 30 days after the entry of the decision appealed from. The City shall schedule a Board of Adjustment hearing to consider the appeal within 60 days of receipt of the written appeal.