Milford City Zoning Code
13.47 Accessory
Dwelling Unit
13.47.010 Purpose
- To establish regulations that govern the construction and use Accessory Dwelling Units (ADU's)
13.47.020 Definitions
- Accessory Dwelling Unit (ADU): A residential dwelling unit that contains its own kitchen, bedroom(s), and bathroom facilities, is secondary to a primary dwelling and is located on the same lot/parcel as the primary dwelling.
- Accessory Dwelling Unit, Internal: Accessory dwelling unit that is located within the footprint of the primary dwelling that has a secondary entrance.
- Accessory Dwelling Unit, Attached: Accessory dwelling that is additional to the primary dwelling that can be accessed from the inside of the primary dwelling and has a separate exterior entrance.
- Accessory Dwelling Unit, Detached: Accessory dwelling unit that is separate from the primary dwelling. Detached units can only be located within the side or rear yard of the primary dwelling.
- Primary Dwelling: A single-family dwelling that is occupied as the primary residence of the owner of record.
13.47.030 General Regulations
- An ADU is allowed as an accessory use within all zoning districts.
- A maximum of one ADU is allowed per single-family lot or parcel that is 6,000 square feet or larger.
- An ADU shall be allowed within the footprint of a single-family dwelling or as an addition to a single-family dwelling exluding mobile homes.
- Site coverage for all ADUs must be met.
- Entrances to ADUs shall be secondary to the primary dwellings entrance.
- All ADUs shall be connected to the same utility lines as the primary dwelling.
- The primary dwelling and accessory dwelling must share the same address number.
- An ADU permit, building permit and inspection are required prior to construction and/or occupancy.
- Mobile homes, recreational vehicles, portable structures and shipping containers shall not be considered as an ADU.
- One (1) additional on-site parking spot is required for an ADU. This is in addition to the primary dwelling parking.
13.47.040 Owner Occupied
- Property owners as shown on the Beaver County Recorder's Office shall occupy the primary dwelling a their permanent residence. In no case, shall a property owner rent out both the primary dwelling and the accessory dwelling.
13.47.050 Appearance
- Single-family dwellings with an interior accessory dwelling unit shall retain the appearance of a single-family home.
- Detached accessory dwelling units shall be complementary to the primary dwelling character by using similar building materials and placed on a permanent foundation.
13.47.060 Construction Requirements
- Setback, height, entrance, window and size limitations are as follows:
- Obscured glass must be used on the side and rear of detached ADU
Requirements Internal ADU Attached ADU Detached ADU Location Within Primary Dwelling Attached to Primary Dwelling Side or Rear Yard Maximum Height One Story One Story One Story Minimum Side Setback Same as Primary Dwelling Same as Primary Dwelling Same as Primary Dwelling Minimum Rear Setback Same as Primary Dwelling Same as Primary Dwelling Same as Primary Dwelling Entrance Side or Rear Side or Rear Front, Side, Rear Windows No Restriction No Restriction Restricted (see (1-a) Site Coverage 40% 40% 40% Size Limit No limitation Up to 1,000 Square Feet Up to 1,000 Square Feet
- Obscured glass must be used on the side and rear of detached ADU
13.47.070 Building, Health And Fire Code
- All construction must comply with all applicable building, health and fire codes. This includes obtaining required permits.
- When a new ADU is proposed in an existing home, the entire ADU shall meet all applicable codes and standards.
13.47.080 Violations
- If a property owner violates any of the regulations in this chapter, Milford City may file a lien with the Beaver County Recorder for up $100 day per violation.
- Milford City will follow the process stated in Utah State Code 10-9a-530.