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Plain City City Zoning Code

CHAPTER 21

DETACHED ACCESSORY DWELLING UNITS

10-21-1: PURPOSE AND INTENT:

   A.   The purpose and intent of Detached Accessory Dwelling Units (DADUs) is to integrate moderate-income housing opportunities with reasonable limitations to minimize the impact on neighboring properties, and to promote the health, safety, and welfare of the property owners and residents.
   B.   Requests for DADUs must be approved by staff prior to the issuance of a building permit (see section 4 below). (Ord. 2022-10, 7-21-2022, eff. 7-21-2022)

10-21-2: USE REGULATIONS:

   A.   Definition: for purposes of this code, defined as a subordinate single family dwelling with no partial subletting allowed, which has its own kitchen, living/sleeping area, and sanitation facilities and that is:
      1.   A detached structure; or
      2.   Above or behind a detached garage, associated with a single-family dwelling.
   B.   Minimum lot size: eighteen thousand five hundred (18,500) square feet.
   C.   Not Intended for Sale: DADUs shall not be sold separately from the primary dwelling unit. Neither the primary dwelling unit nor DADU shall be rented on a transient basis (periods less than thirty (30) days).
      1.   If the detached accessory dwelling unit is a rental unit, a Home Occupation business license is required. (Ord. 2022-10, 7-21-2022, eff. 7-21-2022; amd. Ord. 2023-14, 8-17-2023)

10-21-3: GENERAL REGULATIONS:

   A.   Owner Occupied: No DADU shall be created, established, or occupied unless the owner of the property occupies either a portion of the primary dwelling or a detached DADU on the same residential lot. For the purpose of this section, the term "owner occupied" shall be defined as full time residency within the home by the bona fide property owner(s) as shown on the Weber County tax assessment rolls, OR that possesses, as shown by a recorded deed, fifty (50) percent or more ownership in the property, OR that, in the case of ownership by a family trust, "owner occupied" refers to a trustor of the family trust that possesses fee title ownership.
   B.   Address: The primary dwelling unit and the DADU shall have the same address number, but shall refer to the DADU as unit B.
   C.   A DADU shall comply with all building construction and fire codes found in the current International Residential Code (IRC) at the time the DADU is constructed, created or subsequently remodeled, including the obtaining of required building and other permits.
   D.   Utility Meters: A single-family dwelling with a detached accessory dwelling shall have one (1) but no more than two (2) meters for water, gas, and electricity utility service, and each meter shall be in the property owner's name. In the case of septic systems, the applicant must demonstrate the system has sufficient capacity for another dwelling in accordance with County Health Department requirements. Water and sewer impact fees are required when adding an DADU.
   E.   Development Standards: DADUs shall meet the following height, size, and setback requirements:
         1.   Detached units shall have a minimum separation from the primary dwelling of 10 feet. Rear and side setbacks are the same as accessory buildings.
 
Minimum separation from primary dwelling
Ten (10) feet
Rear setback
same as accessory building
Side setback
same as accessory building
Corner lot side setback
same as accessory building
 
      2.   Shall provide adequate off-street parking space with concrete or asphalt. Additional driveways and curb-cuts are permitted where there is an improved road and shall not be on the same street as an existing driveway or curb-cut on the property unless they are at least fifty (50) feet apart and meet the minimum distance for a driveway from an intersection of thirty (30) feet.
      3.   Detached units shall be limited to twenty-five percent (25%) of the rear yard.
      4.   A minimum of 25% of a DADU shall be located in the rear yard.
         a.   Rear yard shall mean an open space extending the full width of the lot, the depth of which is the minimum perpendicular distance between the rear lot line and the nearest point of the main building footprint. In the case of a corner lot, the rear yard may be opposite either street frontage.
      5.   Reference 10-8-5 (B) No dwelling shall be erected to a height less than ten feet (10') and no accessory building in a residential zone shall be erected to a height greater than twenty-five (25').
   F.   Only one DADU per property. (Ord. 2022-10, 7-21-2022, eff. 7-21-2022; amd. Ord. 2023-14, 8-17-2023; Ord. 2023-15, 9-21-2023, eff. 9-21-2023)

10-21-4: SUBMISSION OF APPLICATION:

   A.   Required: An application for a Detached Accessory Dwelling Unit shall be submitted to the City. A concept plan including the following information shall be submitted with the application:
      1.   Proposed dimensions and location on the property;
      2.   Utility plan;
      3.   Off-street Parking for primary dwelling and DADU; and,
      4.   A description of architectural elevations and floor plans (bedrooms, bathrooms, etc.) demonstrating the general design of the DADU.
(Ord. 2022-10, 7-21-2022, eff. 7-21-2022; amd. Ord. 2023-14, 8-17-2023)