5-6-050 Permitted and Administrative Conditional Use Permit Required

An ADU meeting the regulations and standards, as specified in this chapter, may be allowed in any zone that allows a single-family residence after approval of an administrative conditional use permit (§2-2-110) by the zoning administrator. IADU’s meeting the regulations and standards, as specified in this chapter, are allowed as a permitted use in any zone that allows a single-family residence. 5-6-060 . Development Standards. A. The property owner, which shall include titleholders and contract purchasers, must occupy either the principal unit, the ADU, or IADU as their permanent residence. Applications for an ADU or IADU shall include evidence of owner occupancy as defined in section 5-6-040 of this chapter. B. ADUs or IADUs shall not be sold separately from the main unit. C. ADUs or IADUs may be used as short term rentals with quiet hours from 10 pm to 6 am. D. Only one (1) ADU or IADU may be created per lot or property in zones that allow single-family dwellings. E. The design and size of the ADU or IADU shall conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health, and any other applicable codes. F. Installing separate utility meters and separate addresses for the ADU or IADU is prohibited. Reg. of General Applicability: Accessory Dwelling Units 5-6- 2 G. The total area of the ADU shall be less than forty percent (40%) of the square footage of the primary residence. H. The occupants of the ADU or IADU shall be related to each other by blood, marriage, or adoption; or up to two (2) unrelated individuals who are living as a single housekeeping unit. The Occupants of the ADU or IADU shall not sublease any portion of the ADU or IADU to other individuals. I. The minimum lot size required for construction of an ADU or IADU in all zones that allow single-family dwellings shall be twenty thousand (20,000) square feet. J. ADUs or IADUs shall not be located in a front or corner lot side yard and shall meet the same setbacks as required for the primary residence in the zone. K. ADUs or IADUs and the main dwelling must be on the same parcel and may not be subdivided. L. ADUs shall be compatible with the exterior color and materials of the surrounding area. IADUs shall be designed in a manner that does not change the appearance of the primary dwelling as a single family dwelling. M. The maximum height for ADUs or IADUs shall be no taller, in elevation, than the roof of the primary structure. N. A minimum of one (1) off street parking space must be provided for the ADU or IADU. O. Where an existing subdivision has CC&Rs in place that govern ADUs the more restrictive regulation shall govern the use and development of that subdivision. P. The zoning administrator may place other appropriate or more stringent conditions deemed necessary in approving ADUs as per the standards found in Section 2-2-110, Administrative Conditional Use Permit. Q. Multi-family homes, mobile homes, RV’s, trailers, campers, tents, and/or any other temporary structure and/or vehicle shall not qualify as an ADU or IADU. 5-6-070 . Inspections. Following the issuance of a conditional use permit, the Building Official of Box Elder County may approve an application for a building permit upon compliance of construction plans meeting such conditions and requirements as established by the planning commission. Representatives of the building department shall inspect the project to ensure that all required improvements meet the conditions of the conditional use permit and this title before a certificate of occupancy is issued.