Sevier County Unincorporated
City Zoning Code
City Zoning Code
INTERNAL ACCESSORY
DWELLING UNIT
§ 154.285 PURPOSE.
The purpose of the internal accessory dwelling unit:
(A) Allow opportunities for property owners to provide social or personal support for family members where independent living is desirable;
(B) Provide for affordable housing opportunities;
(C) Make housing units available to moderate-income people who might otherwise have difficulty finding housing in the county;
(D) Provide opportunities for additional income to off-set rising housing costs;
(E) Preserve the character of residential zones by providing standards governing development of internal accessory dwelling units; and
(F) Ensure that internal accessory dwelling units are properly regulated by requiring property owners to obtain a conditional use permit and a building permit for an internal accessory dwelling unit prior to renting the IADU.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.286 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
INTERNAL ACCESSORY DWELLING UNIT (IADU). A unit created:
(1) Within a primary dwelling;
(2) Within the footprint of the primary dwelling at the time the IADU is created; and
(3) For the purpose of offering a long-term rental of 30 consecutive days or longer.
OWNER OCCUPANCY. A property where the property owner, as reflected in title records, makes his or her legal residence at the site.
PRIMARY DWELLING. A single-family dwelling that is occupied as the primary residence of the owner of record.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.287 ALLOWED ZONES.
(A) IADU incorporated within a single-family residence shall be a permitted use on residential lots in residential zones that require 21,780 square foot (one-half acre) minimum lot size or greater.
(B) IADU shall not be permitted in Commercial, Industrial or GRF20S Zones.
(C) In no case shall an IADU be permitted in a detached dwelling that is accessory to the primary dwelling.
(Ord. 2024-5-3, passed 5-13-2024) Penalty, see § 154.999
§ 154.288 NUMBER OF RESIDENCE.
IADU shall not be occupied by more than four persons.
(Ord. 2024-5-3, passed 5-13-2024) Penalty, see § 154.999
§ 154.289 SETBACKS.
Setbacks on all IADUs shall be consistent with setbacks for a single-family dwelling in each zone.
(Ord. 2024-5-3, passed 5-13-2024) Penalty, see § 154.999
§ 154.290 PARKING REQUIREMENTS.
In addition to the required parking for the existing home, the property owner must demonstrate that one on-site parking space is available for an IADU. In cases where garage conversions are done to create an IADU, a replacement on-site parking space is required for the primary dwelling in a number equal to the parking spaces eliminated by the IADU.
(Ord. 2024-5-3, passed 5-13-2024) Penalty, see § 154.999
§ 154.291 OWNER OCCUPANCY.
The primary dwelling or the IADU must have owner occupancy. An application for an IADU shall include evidence of owner occupancy. Only one IADU is allowed per lot.
(Ord. 2024-5-3, passed 5-13-2024) Penalty, see § 154.999
§ 154.292 IADU DESIGN STANDARDS.
(A) An approved building permit is required for all IADUs before an IADU is constructed, and all other applicable provisions of this chapter and the county code must be met before an IADU can be rented.
(B) The design and size of an IADU shall conform to all applicable building, plumbing, electrical, mechanical and health codes, including applicable water requirements.
(C) Conversions of an existing space to an IADU will require compliance with safety requirements per the building code, including, but not limited to, egress windows with window wells, if needed; sufficient HVAC and climate control for the IADU; hard-wired smoke detectors in each bedroom and hallway; and a working fire extinguisher located in a central location.
(D) The owner shall provide a separate address marking for emergency services and mailing services.
(E) Single-family residences with an IADU shall retain the same appearance as a single-family residence.
(Ord. 2024-5-3, passed 5-13-2024) Penalty, see § 154.999
§ 154.293 AFFIDAVIT AND NOTICE OF INTERNAL ACCESSORY DWELLING UNIT.
Applicants for IADU shall provide an affidavit stating that the owner of the property will live in either the primary or IADU as his or her permanent residence. Upon approval of the IADU by the Building and Zoning Official, a notice of IADU, including the affidavit, shall be recorded against the property to provide notice to a future owner of the owner occupancy requirement for the IADU. Upon sale of the property, the new owner shall be required to sign and record a new affidavit and secure reauthorization of the IADU by the Building and Zoning Official.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.294 VARIANCES.
The Zoning Administrator may grant variances to the standard of this chapter but may not grant a variance from building code requirements, owner occupancy provisions, lot square footage requirements or the number of units allowed per lot.
(Ord. 2024-5-3, passed 5-13-2024)