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Hildale City Zoning Code

CHAPTER 41

ACCESSORY DWELLING UNITS

Sec 152-41-1 Purpose

The purpose of this chapter is to establish use and development regulations for accessory dwelling units. These regulations are intended to ensure that limited use of accessory dwelling units allowed in a residential zone do not disturb the single-family residential character of a neighborhood.

Sec 152-41-2 Scope

The requirements of this chapter shall apply to all accessory dwelling units in single-family zones. Such requirements shall not be construed to prohibit or limit other applicable provisions of this chapter, this code, and other laws.

Sec 152-41-3 Permitted Use

The accessory dwelling units described below shall be allowed as permitted uses in any agricultural or residential zone, or any other zone in which such uses are permitted uses, subject to the development standards of section 152-41-4 of this chapter. The definition of each use is set forth in chapter 3 of this chapter.

Accessory dwelling units.

Guesthouse or casita with complete kitchen facilities.

Sec 152-41-4 Development Standards; Permitted Use

The development standards set forth in this section shall apply to any accessory unit allowed as a permitted use.

  1. Definition; Setbacks And Size:
    An accessory dwelling unit is an accessory use to the main residential dwelling unit. Setbacks and size limitations established for accessory buildings in each zone shall apply.
  2. Egress And Life Safety Requirements:
    The dwelling unit must meet egress and life safety requirements of the international residential building code.
  3. Ownership:
    The owner or immediate family member of the owner of the main dwelling unit shall be a resident of the main dwelling unit on the residential property before an accessory dwelling unit may be rented.
  4. Limit:
    Only one accessory dwelling unit shall be established on a single residential property.
  5. Entrance:
    The accessory dwelling unit shall have its own outside entrance.
  6. Landscaping:
    Landscaping shall be provided and maintained to minimize impact on neighboring properties, to retain residential character, and to provide a visual buffer for on site parking in relation to adjacent properties and the street. Landscaping may include, but shall not be limited to, planting trees in the park strip.
  7. Secondary Use:
    The accessory dwelling unit shall be clearly incidental and secondary to the primary use of the dwelling for residential purposes.
  8. Maximum Size, Impervious Surface:
    The accessory dwelling unit, if it is detached, must not exceed the maximum size permitted for an accessory building and the total area of impervious surface on the lot must not exceed fifty percent (50%).
  9. Short Term Rental:
    A detached accessory dwelling unit may not be rented as a short term rental.

Sec 152-41-5 Compliance With Development Standards

  1. Residential properties with accessory dwelling units found to be in violation of the development standards set forth in section 152-42-4 of this chapter shall be subject to all applicable remedies set forth in chapter 9 of this chapter to ensure compliance.
  2. Residential properties with a restrictive easement that does not permit renting of an accessory dwelling unit must apply to the planning department to have that restrictive easement lifted before obtaining a rental permit.
  3. In order to ensure accessory dwelling units meet the development standards, a permit must be issued by the planning department for the rental use of the unit.