For purposes of this chapter, the following words or phrases shall have the following meanings:

 

 

   A.   Allowed Zones: An IADU is a permitted use in all residential zones, subject to the standards set forth in this section.

   B.   Standards: All IADUs must conform to the following standards:

      1.   The IADU must contain complete cooking and bathroom facilities that are separate from the facilities located in the primary dwelling.

         a.   The cooking facility in the IADU must contain:

            (1)   A sink and water faucet,

            (2)   Capacity for food refrigeration, and

            (3)   A permanent, built-in stove top, range, or other similar device for cooking food.

         b.   The bathroom facility in the IADU must contain:

            (1)   A sink and water faucet,

            (2)   A toilet, and

            (3)   A shower or bathtub.

      2.   The owner of the property must occupy the primary dwelling on the property.

      3.   One off-street parking space must be provided for the IADU, in addition to parking required for the primary dwelling on the property.

      4.   IADUs must meet all applicable Health, Fire and Building Codes.

      5.   The lot where the IADU is located must maintain the single-family appearance and character of the neighborhood. IADUs should be compatible in design and appearance with the primary dwelling on the property and shall not be located in detached structures connected by a breezeway.

      6.   Only one IADU per property is permitted.

      7.   The lot where the IADU is located must be at least six thousand (6,000) square feet in size. However, a single-family detached dwelling in a Planned Development Residential (PDR) Zone with a lot size of less than six thousand (6,000) square feet may be allowed if all other requirements of this section are met.

      8.   The total number of residents that reside in an IADU may not exceed the number allowed for a single-family dwelling.

      9.   If a garage or carport is converted to an IADU, the property owner must replace any parking spaces contained in the garage or carport which are required by code with an equal number of off-street parking spaces elsewhere on the property in a manner that complies with all land use standards.

      10.   An IADU shall not be permitted within a mobile home.

      11.   A property owner may not install power or culinary water utility meters that serve only the IADU. The IADU must be served by the same power and culinary water utility meters as the primary dwelling on the property.

      12.   No IADU may be located in a primary dwelling served by a failing septic tank.

      13.   The owner shall provide a separate address marking for emergency services and mailing services.

   C.   Rental Period: The IADU must be rented for periods of thirty (30) consecutive days or more.

   D.   Permit Required: Prior to renting or offering to rent an IADU, a property owner must obtain an Internal accessory dwelling unit permit from the city.

      1.   The IADU permit application is reviewed by city staff.

      2.   The IADU must be inspected by the city prior to issuance of any permit and may be inspected by the city up to one (1) time per calendar year. In the event that the IADU requires improvements be made in order to meet required standards, the property owner shall be required to obtain a building permit.

      3.   City staff shall issue the IADU permit, only after finding all of the standards in this section and all other applicable land use standards have been met and may revoke the IADU permit if an inspection finds that the IADU no longer meets applicable standards, after ninety (90) days written notice to the property owner and an opportunity to cure any deficiencies.

      4.   The city shall record a notice of the permit with the Washington County Recorder, as detailed in Utah Code Section 10-9a-530(6).

   E.   Business License: Renting of any IADU requires a business license. The business license must be maintained and renewed annually if the unit is rented.

   F.   In addition to other remedies available to the city, the city may hold a lien against a property that contains an internal IADU if the property owner violates any standards for operation of an internal IADU. The amount, notice, and procedure for the lien shall be in accordance with state law. (Ord. 2021-14, 10-27-2021)

   A.   One Accessory Dwelling Unit (ADU) may be permitted as a conditional use in a single-family residential zone subject to the following requirements:

      1.   Before an ADU occupancy permit is issued, the applicant must:

         a.   Submit a site plan, drawn to scale, that shows property lines and dimensions, the location of existing buildings and building entrances, proposed buildings or additions, distances from buildings or additions to property lines, the location of parking stalls and utility meters.

         b.   Include detailed floor plans drawn to scale with labels on rooms indicating uses or proposed uses.

         c.   Pay the required application fee as determined by resolution of the City Council.

         d.   Obtain a building permit following approval of the ADU and subject to all the requirements listed herein.

         e.   An ADU is allowed over an attached garage or a detached garage, provided that the existing parking underneath the created additional living unit remains parking and is not converted to a living space.

         f.   An ADU may be in a front, side, or rear yard if it meets all primary dwelling setback requirements.

         g.   An ADU may not exceed twenty feet (20') in height unless it is attached to the primary structure.

         h.   An ADU is allowed up to one thousand (1,000) square feet, or thirty percent (30%) of the footprint of the primary dwelling, excluding the garage, whichever is greater.

         i.   One additional off-street parking space must be provided for an ADU.

         j.   The primary dwelling and the ADU must be served by the same electric meter, water meter, and sewer connection. Additional impact fees, as established by the city may be assessed for the second dwelling unit.

         k.   The primary dwelling and the ADU must have the same address, except for a letter (A) designation, as may be approved by the city, to provide differentiation between the main dwelling and the ADU for mail or emergency response purposes.

         l.    The ADU may not be constructed until after the building permit is issued for the primary dwelling, and no certificate of occupancy may be issued for an ADU until after the certificate of occupancy is issued for the primary dwelling.

      2.   The property owner must occupy either the primary dwelling or the ADU.

      3.   The total number of residents that reside in an ADU may not exceed the number allowed for a single-family dwelling.

      4.   The lot where the ADU is located must maintain the single-family appearance and character of the neighborhood.

      5.   Only one (1) ADU or IADU per property is permitted.

      6.   Rental Period: The ADU must be rented for periods of thirty (30) consecutive days or more.

      7.   The City will record a notice of the permit with the Washington County recorder, as detailed in Utah Code Section 10-9a-530(6).

      8.   Business License: Renting of any ADU requires a business license. The business license must be maintained and renewed annually if the unit is rented. (Ord. 2022-04 § 1)