Nephi City Zoning Code

The regulations contained in this Chapter shall be known and may be cited as "Accessory Dwelling Unit (ADU) Regulations" and "Internal Accessory Dwelling Unit (IADU) Regulations" of Nephi City and its Land Use Management and Development Code.

A. The City of Nephi recognizes that internal accessory dwelling units (IADUs) are required to be allowed by the State of Utah. The purposes of the IADU standards of this code are to:

1. Comply with mandatory Utah State Code.

2. Allow opportunities for property owners to provide social or personal support for family members where independent living is desirable, and allow them to charge a rental fee.

3. Provide housing units in single-family neighborhoods that are appropriate for people at different stages in their life cycle.

4. Allow individuals an opportunity for starter home ownership by letting them rent out a portion of their single family home to help with mortgage costs.

5. Foster owner occupied living arrangements.

6. Preserve the overall character of single-family neighborhoods by providing standards governing the development of IADUs.

7. Provide affordable housing opportunities in the community.

1. Except as provided in this Code, no building, land, or use shall be constructed, moved, reconstructed, extended, enlarged, altered, or expanded, which is arranged, intended, or designed to be used for an internal accessory dwelling unit (IADU), except in conformity with the regulations herein listed for the zoning district in which the permitted use is listed.
2. All IADUs hereafter created in Nephi City shall comply with the current building standards of the International Residential Code as adopted by Nephi City or the State of Utah, and all other codes and ordinances adopted by Nephi City, or the State of Utah.
3. All proposed IADUs must be reviewed and approved, if applicable, for septic feasibility by the Central Utah Health Department. No IADU shall be allowed if the lot containing the primary dwelling is served by a failing septic tank.
4. All IADUs shall be maintained in good condition.
5. No person may engage in the business of constructing, moving, reconstructing, extending, enlarging, or expanding IADUs without a valid Utah contractor's license, and valid business license.
6. The applicant for an IADU must be the current owner-occupant of the property, and it must be their primary residence.

A. Creating and maintaining an IADU - In order to create an IADU:

1. The applicant must be the current owner-occupant of the property, and it must be their primary residence. Applications for an IADU shall include evidence of owner occupancy as defined in Section 10.2.2 of this Title.

2. The proposed IADU site must be located:

a. in a single-family residential zone whose property use is primarily residential.

b. in a single-family, detached dwelling that is owner occupied as the primary residence of the owner of record.

c. on a parcel or lot that is six-thousand (6,000) square feet or greater.

d. within the footprint of the primary dwelling at the time the IADU is created.

3. The IADU must be created and maintained for the purpose of offering a long-term rental of thirty (30) consecutive days or longer.

4. One, and only one, IADU may be allowed per single-family dwelling unit as allowed by state law.

5. Occupancy of any IADU shall be limited to a single family as defined in Chapter 10.2.2 of this Title 10.

6. An IADU will only be allowed after obtaining the proper permit and license to rent one.

B. Construction, Building, and Inspection Requirements of an IADU - The following requirements will be followed in creating and maintaining an IADU:

1. An IADU shall comply with all applicable building, electrical, mechanical, plumbing, and fire safety code requirements at the time the residence is turned into an IADU and grandfathering status shall not be recognized when this new use changes. This applies to any area of the home that will contain or is accessed by the IADU.

2. If the proposed IADU is part of a new construction or remodel project, a building permit must be submitted for construction, and appropriate inspections must be conducted for all applicable building codes.

3. If the IADU is located in an existing finished space, the property owner must sign an acknowledgement that to the best of the applicant's knowledge that a proper building permit, meeting the current building codes at the time was done, and that if any additional renovations are done they will seek an appropriate building permit, and inspections.

4. Separate utility meters for an IADU shall be strictly prohibited, unless authorized at the sole discretion of the city.

5. The design of an IADU cannot materially change the appearance of the primary dwelling as a single-family dwelling.

6. An IADU shall maintain the same address as the primary dwelling with the addition of "Unit B" labelled clearly visible from the city road right-of-way, and nearest to the entrance of the IADU.

7. The creation and maintenance of an IADU shall require one (1) additional asphalt or concrete hard-surfaced parking space in addition to the currently required parking spaces for residential use in the primary dwelling structure's zone, regardless of whether the primary dwelling is existing or new construction, up to four parking spaces required maximum. Parking in a garage or carport does not count as a parking space.

8. A parking design site plan showing the required main dwelling parking and the additional parking stall for the IADU must be submitted with the IADU application. Parking stalls shall be a minimum of nine feet by twenty feet (9' x 20').

C. Prohibited locations of IADUs - The following locations are prohibited from the use of IADUs:

1. A property that does not lie within a single-family residential zone whose property use is primarily residential.

2. A property that does not comply with the requirements of this code in order to obtain an IADU designation on their property, including failing to obtain a permit or license for renting the IADU.

3. Any portion of a mobile home.

4. A single-family dwelling that is not detached or owner occupied as the owner's primary residence.

5. A property with a failing septic tank or system.

6. A lot containing less than 6,000 square feet.

7. Any and all areas of an IADU that is rented for less than 30 consecutive days.

D. Regulation of IADU by City - The following details the City's responsibility to regulate IADUs:

1. The City may record a notice for an IADU with the County if a permit or license to rent is approved. If recorded the notice shall at minimum include:

a. A description of the primary dwelling.

b. A statement that the primary dwelling contains an IADU.

c. A statement that the IADU may only be used in accordance with the city's land use regulations, and

d. The City shall deliver a copy of the notice to the owner of the IADU.

2. The City shall create administrative means to issue an IADU license or permit, and track IADUs within the City.

E. Failure to Comply with IADU requirements - Failure to comply with the requirement for IADUs set forth in this Chapter 10.24 may result in Nephi City holding a lien against the property in accordance with applicable state codes in an amount up to $100 per day, along with any other legal or equitable remedies available to a municipality while the property is in violation. If a lien is placed on the property it shall be removed after the violations have been resolved.