The regulations contained in this chapter shall be known and may be cited as "Accessory Dwelling Unit Regulations" and "Internal Accessory Dwelling Unit Regulations" of Honeyville City and its land use management and development Code.

(Ord. No. 2024-06, § 1, 7-10-2024)

The city recognizes that detached accessory dwelling units (D-ADUs) and internal accessory dwelling units (I-ADUs) in zones that allow a single-family residence can be an important tool in the overall housing plan for the City. The purposes of the ADU standards of this code are to:

A.

Allow opportunities for property owners to provide social or personal support for family members where independent living is desirable.

B.

Develop housing units in single-family neighborhoods that are appropriate for people at a variety of stages in the life cycle.

C.

Provide for affordable housing opportunities.

D.

Preserve the character of single-family neighborhoods by providing standards governing development of ADUs.

(Ord. No. 2024-06, § 1, 7-10-2024)

A.

Except as provided in this Code, no D-ADU or I-ADU shall be erected, raised, moved, placed, reconstructed, extended, enlarged, or altered, except in conformity with the regulations herein specified for the use district in which it is located.

B.

All D-ADUs and I-ADUs hereafter erected in Honeyville City shall comply with the current standards of the International Residential Code, and all other codes and ordinances adopted by Honeyville City.

C.

All D-ADUs and I-ADUs must be reviewed and approved for septic feasibility by the Bear River Health Department.

D.

All D-ADUs and I-ADUs shall be maintained in good condition.

E.

No person may engage in the business of erecting, altering, relocating, or constructing D-ADUs or I-ADUs without a valid Utah contractor's license.

(Ord. No. 2024-06, § 1, 7-10-2024)

A.

A D-ADU meeting the regulations and standards, as specified in this chapter, may be allowed in any zone where allowed, after approval of a conditional use permit. An I-ADU meeting the regulations and standards, as specified in this chapter may be allowed in any zone that allows a single-family dwelling as a permitted use.

B.

The conditional use permit issued for D-ADU shall be renewable every two (2) years.

(Ord. No. 2024-06, § 1, 7-10-2024)

Following the issuance of a conditional use permit, the building official of Honeyville City may approve an application for a building permit upon compliance of construction plans meeting such conditions and requirements as established by the planning commission. Representatives of the building department shall inspect the project to ensure that all required improvements meet the conditions of the conditional use permit and this title before a certificate of occupancy is issued.

(Ord. No. 2024-06, § 1, 7-10-2024)

Applicants for D-ADUs or I-ADUs shall provide an affidavit stating that the owner of the property will occupy either the primary dwelling unit, detached accessory dwelling unit, or internal accessory dwelling unit as defined in section 10-3-4 and comply with all other requirements of this chapter. Upon approval of the D-ADU or I-ADU, the affidavit shall be recorded against the property (in the event the property owner decides to sell the home) to alert the future owner of the regulations for the D-ADU or I-ADU. Upon sale of the property, the new owner shall be required to sign and record a new affidavit and reauthorize the D-ADU or I-ADU.

Affidavit and Notice of Accessory Dwelling Unit and Related Regulations
(To Be Completed, Signed and Recorded at Box Elder County by Property Owner)

Property Owner(s) Name: ___________ Phone: ________

Property Address: __________________________

Parcel Number:  __________________________

Complete Legal Description:

I (we) __________________, being first duly sworn, depose and say that I (we) am (are) the current owner(s) of the property listed above: that I (we) occupy the property listed above. I (we) certify that the second dwelling unit on the property is an accessory dwelling and understand that a future purchaser of the property will be required to reauthorize the accessory dwelling unit in order to continue the use. I (we) also understand that any use of the accessory dwelling unit on the property is contingent on the owner of the property occupying either the principal or accessory dwelling unit and compliance with the provisions of the Honeyville City Code.

______________________________

Owner's Signature Owner's Signature (co-owner if any)

Subscribed and sworn to before me this _______ day of ________, 20_______.

________________________________________

Notary Public

Residing in _________________________________

My commission expires: _____________________________.

After recording, provide a copy to: Honeyville City Address

Affidavit and Notice of Internal Accessory Dwelling Unit and Related Regulations
(To Be Completed, Signed and Recorded at Box Elder County by Property Owner)

Property Owner(s) Name: ___________ Phone: ________

Property Address: __________________________

Parcel Number:  __________________________

Complete Legal Description:

I (we) __________________, being first duly sworn, depose and say that I (we) am (are) the current owner(s) of the property listed above: that I (we) occupy the property listed above. I (we) certify that the second dwelling unit on the property is an internal accessory dwelling and understand that a future purchaser of the property will be required to reauthorize the internal accessory dwelling unit in order to continue the use. I (we) also understand that any use of the internal accessory dwelling unit on the property is contingent on the owner of the property occupying either the principal dwelling unit or internal accessory dwelling unit and compliance with the provisions of the Honeyville City Code.

______________________________

Owner's Signature Owner's Signature (co-owner if any)

Subscribed and sworn to before me this _______ day of ________, 20_______.

________________________________________

Notary Public

Residing in _________________________________

My commission expires: _____________________________.

After recording, provide a copy to: Honeyville City Address

(Ord. No. 2024-06, § 1, 7-10-2024)