10-11-25 DETACHED ACCESSORY DWELLING UNITS

(A) Purpose. The purpose of this Chapter is to establish standards for Detached Accessory Dwelling Units (“DADUs”) consistent with applicable Utah law and to provide reasonable opportunities for additional residential housing while protecting public health and safety, existing neighborhoods, property rights, public utilities, and municipal infrastructure. (B) Definitions. For purposes of this Chapter: (1) “Accessory Dwelling Unit” or “ADU” means a residential dwelling unit that is subordinate to a single-family dwelling and provides complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. (2) “Detached Accessory Dwelling Unit” or “DADU” means an Accessory Dwelling Unit located in a building or structure that is physically detached from the SingleFamily Dwelling located on the same Lot or Parcel. (3) “Owner” means a person holding legal or equitable title to the Lot or Parcel upon which the Single-Family Dwelling and DADU are located. (4) “Primary Dwelling” or “Single-Family Dwelling” means the detached singlefamily dwelling located on the same Lot or Parcel as the DADU. (5) “Lot or Parcel” means a legally established lot or parcel of real property. (6) “Fire Code” means currently Adopted International Fire Code. (7) “Patio” means a flat, outdoor ground level area usually constructed of concrete, stone, tile, etc. (8) “Deck” means an outdoor raised platform attached to a house. Usually constructed of wood, composite material, tile, etc. (9) “Balcony” means an elevated platform that sticks out from the outside wall of a building on an upper floor and has a railing or wall around it. Terms not specifically defined in this Chapter shall have the meanings established elsewhere in this Title or under applicable state law. (C) DADU as a Permitted Use. (1) when: A Detached Accessory Dwelling Unit shall be permitted on a Lot or Parcel (a) the Lot or Parcel contains at least 11,000 square feet; (b) Dwelling; the Lot or Parcel contains a legally established Single-Family (c) a Single-Family Dwelling is a permitted use within the applicable zoning district; (d) the DADU satisfies the requirements of this Chapter and all other applicable provisions of federal, state, and local law; and (e) the Owner obtains all required administrative approvals, building permits, and other permits required by the City. (2) A DADU meeting the requirements of this Chapter shall be reviewed administratively as a permitted use and shall not require a conditional use permit when located within a primarily residential zone. (D) General Development Standards. A DADU shall comply with the following standards: (1) No more than one Accessory Dwelling Unit, whether attached, internal, or detached, shall be permitted on a Lot or Parcel. (2) A DADU: (A) shall be located on the same Lot or Parcel as the Primary Dwelling; (B) shall not be located within the front-yard area of the Lot or Parcel; (C) shall not be located within a public utility easement or other recorded easement unless the terms of the easement expressly permit the structure and use and all persons having rights under the easement have provided any consent required by law; and (3) A DADU shall not be larger in gross floor area than the Single-Family Dwelling located on the same Lot or Parcel. (4) A DADU shall comply following: (A) Building Height - no more than 16 feet measured from the average grade of the ground immediately surrounding the DADU. A DADU built over a garage will be allowed to increase in height 1 foot for every 1 foot additional side and rear setback up to a maximum height of 25 feet. The additional height allowance can only be applied to a unit over a garage and cannot be construed to allow a two story DADU. (B) Structure Dimensions - Single story with a maximum gross square footage of 800 and a minimum of 350 square feet; (C) A DADU built over a detached garage shall not exceed 400 square feet, and the garage footprint shall not exceed 800 square feet for a total of 1,200 square feet of floor space for the structure. When placed over a garage, the DADU cannot exceed the maximum height of 25 feet after all other setback requirements have been applied. (D) The maximum coverage of a rear yard shall not exceed 50% impervious surface. All water shall be contained on the property and not be allowed to drain onto neighboring properties. See City Code Section 10-11-16. (E) A DADU shall be designed and located to avoid an excessive continuous wall of building mass along an adjacent residential property line. No exterior wall of a DADU located within 15 feet of a side or rear property line shall exceed 25 feet in continuous length without an architectural break, offset, change in building plane, or other measurable variation in the wall plane. Any required architectural break shall provide a minimum horizontal or recessed offset of 2 feet. (F) A DADU shall not exceed the height of the primary dwelling by more than 20%, and in no case shall it exceed the maximum height limitations described in this chapter. (G) The property owner will build a 6’ privacy fence along any side or rear property line where a DADU is constructed. (5) Setbacks. A DADU shall comply with applicable setback requirements established by the City. (A) Minimum setback from both side and rear yard property line shall be 10 feet to the foundation. (B) Separation between the primary structure and the DADU must be a minimum 6 feet including the eaves and no more than 15 feet. (E) Design. (1) To the extent permitted by Utah Code §§ 10-21-304, and 10-20-618, a DADU shall be designed in a manner consistent with the design of the Single-Family Dwelling located on the same Lot or Parcel. (2) A DADU shall provide a kitchen, a sleeping area, and a bathroom with a toilet, sink, tub/shower that are separate from those provided within the primary dwelling unit. The international Building Code will be used to define what constitutes various rooms in the DADU. (3) Where a DADU façade is located within 15 feet of an adjacent residential property line, windows directly facing the adjacent property shall be designed to limit direct views into the adjacent property through fixed translucent glazing, or obscured glazing that prevents direct view into neighboring property. Nothing in this provision shall prohibit windows required for emergency egress under applicable building or fire code. (Attorney advises to remove) (4) Decks and Balcony requirements: a. Decks can project into the required setback no more than 2’, and cannot exceed a height of 2’ above grade. A deck with a covered roof must meet the same setback as the DADU. b. Patios can project a maximum of 5 feet into the required setback. A patio with a covered roof must meet the same setback as the DADU. Rooftop patios are not permitted. c. Balconies cannot extend into a required setback, and cannot extend more than 5’ from any exterior wall of the DADU. Balconies are not permitted on a DADU above a garage. (F) Parking. (1) For a DADU containing less than 650 square feet of gross floor area, one onsite parking space is required for the DADU. (2) Required DADU parking spaces shall be provided on the same Lot or Parcel as the DADU, and shall be in addition to required parking for the primary dwelling. All Required parking shall not impede ingress and egress access to the DADU. All parking for the DADU shall be available for parking and shall not be blocked or otherwise unavailable due to storage of materials or for any other reason. (3) On street parking cannot be counted as required parking for the DADU. Other parking impacts such as winter parking conditions, street safety, and neighborhood congestion shall be considered. (4) If an existing detached garage is converted to a DADU, any parking spaces required for the Primary Dwelling that were previously provided within the detached garage shall be replaced on-site. Replacement parking is separate from parking required for the DADU itself. (G) Owner Occupancy. (1) The Owner of a Lot or Parcel containing a DADU shall occupy as the Owner’s primary residence either: (A) the Single-Family Dwelling; or 4 (B) the DADU. (2) The Owner may not simultaneously rent both the Single-Family Dwelling and the DADU while residing at another location. (3) Prior to issuance of final approval or a certificate of occupancy for a DADU, the City will require the Owner to execute an affidavit stating that the property will be used as their primary residence. The affidavit shall be recorded at the Davis County Recorders Office by the City. (4) Shared Ownership Prohibited. The parcel whereby a primary dwelling and an ADU are located must be owned by the same legal owner. (5) The City may require reasonable periodic certification of continued compliance with the owner-occupancy requirement to the extent permitted by law. (6) Owner occupancy may be temporarily waived when the owner is absent due to a bona fide temporary leave of not more than 2 years for a job assignment, sabbatical, or voluntary service. During such absence either the primary home or the DADU can be rented to one family, but the other unit must not be rented. (H) Rental Restrictions. (1) A DADU may not be rented, leased, offered, or otherwise occupied for compensation for a period of less than 60 consecutive days. (2) A DADU may not be used as a short-term or nightly rental in violation of this Section. (3) The primary dwelling and the DADU shall share the same address with the addition of unit “B”. (4) Mobile homes, recreational vehicles, camp trailers, and shipping containers shall not be used as a DADU. (5) A DADU is not allowed on any lot that contains multifamily dwellings. (6) Nothing in this Section shall prohibit the Owner from allowing occupancy without compensation to the extent otherwise permitted by law. (I) Building, Health, and Fire Codes. (1) Every DADU shall comply with all applicable: (A) building codes; (B) fire codes; 5 (C) health codes; (D) electrical codes; (E) plumbing codes; (F) mechanical codes; and (G) other applicable construction and life-safety requirements. (2) No DADU may be occupied until all required inspections have been completed and the City has issued a certificate of occupancy or other required authorization for residential occupancy. If an existing structure being converted to a DADU cannot meet all of the above stated building codes, the permit shall not be issued. (J) Utilities and Infrastructure. (1) The primary dwelling and ADU shall connect to the same water and sewer utility lines as the primary dwelling. (2) Municipal billing shall be directed to the property owner, and the owner shall be solely liable for municipal bills issued. (3) Owner will be billed for each separate dwelling on the property on the same bill. Monthly bill will include the following: (A) Water: Billed at the monthly base rate times the number of units. Overage credit will be given for each unit. (B) Sewer: Billed the monthly rate times the number of units. (C) Garbage: Billed for the number of cans on the property. (D) Storm Water: Billed the monthly rate times the number of units. (E) Transportation Utility Fee (TUF): Billed the monthly rate times the number of units. (4) A DADU shall have adequate access to all utility services required by applicable law and City ordinance. (5) The City may deny an application for a DADU if the DADU will not have adequate access to a required utility service that constitutes a project improvement, including: (A) sanitary sewer; (B) culinary water; (C) electrical service; or (D) stormwater facilities. (6) The City may deny an application for a DADU if a utility service that constitutes a system improvement and to which the DADU is required to connect lacks sufficient capacity to support the addition of the DADU. If the primary dwelling is served by a septic tank, a DADU is prohibited. (7) The determination of adequate utility access or system capacity shall be made by the City Engineer, Public Works Director, applicable utility provider, or other City officials designated by the City. (8) The applicant shall be responsible for constructing or providing any lawful project improvements necessary to serve the DADU. (9) Nothing in this Chapter requires the City to construct, enlarge, or fund a system improvement solely to provide capacity for a proposed DADU. (K) Conversion of Existing Accessory Structures. (1) The Owner of a legally constructed accessory structure may apply to convert the accessory structure into a DADU. Current building codes and zoning requirements will be applied at the time of conversion. (2) Conversion of an existing accessory structure to a DADU shall be reviewed administratively. (3) An accessory structure proposed for conversion shall comply with applicable: (A) dwelling setback requirements; (B) accessory structure setback requirements; (C) building codes; (D) health codes; (E) fire codes; and (F) other requirements authorized by state law. (4) The fact that an accessory structure was legally constructed does not, by itself, establish that the structure complies with the requirements applicable to residential occupancy. (5) The Owner shall obtain all permits and complete all improvements necessary to convert the structure to lawful residential occupancy before the structure may be occupied as a DADU. (6) If the accessory structure is a detached garage, the Owner shall provide any replacement parking required under Section 10A-11-25(f). (L) Application and Administrative Review. (1) An Owner seeking approval of a DADU shall submit an application to the City on a form established by the City. (2) The application may require information reasonably necessary to determine compliance with this Chapter, including: (A) a site plan showing all existing and proposed structures; (B) property boundaries; (C) building setbacks; (D) easements; (E) proposed DADU floor area; (F) building height and dimensions; (G) parking locations; (H) utility connections; (I) building plans as required by applicable building codes; (J) evidence that the existing Single-Family Dwelling and any structure proposed for conversion were legally established; (K) an owner-occupancy certification; and (L) Lot coverage calculations. (3) The Land Use Authority shall approve an application that complies with this Chapter and other applicable law. (4) The Land Use Authority may deny an application only upon determining that the application fails to comply with an applicable requirement of this Chapter, the City Code, or state or federal law. (5) A denial shall identify the basis for denial with sufficient specificity to allow the applicant to determine the requirements necessary for approval. (M) Separate Ownership and Subdivision Prohibited. A DADU shall remain accessory to the Primary Dwelling and shall not be: (1) separately subdivided from the Primary Dwelling; (2) separately conveyed from the Primary Dwelling; or (3) converted into a separate legal lot or parcel, except as otherwise expressly permitted by applicable state law and the City’s subdivision ordinances. (N) Compliance and Enforcement. (1) A DADU shall at all times be maintained and occupied in compliance with this Chapter and all other applicable laws. (2) The establishment or occupancy of a DADU contrary to this Chapter constitutes a violation of the City Code and may be enforced through any civil, administrative, or other remedy available to the City. (3) Enforcement of this Chapter shall be conducted in accordance with applicable state law. (O) Existing Development Agreements. Nothing in this Chapter supersedes a prohibition or restriction on Detached Accessory Dwelling Units contained in a development agreement signed by the City on or before May 6, 2026, to the extent the prohibition or restriction is protected by Utah Code § 10-21-304. (P) The construction of a DADU cannot render a neighbor’s existing zoning rights invalid. Additional setbacks may be required to accommodate such zoning rights. Example could include but not are not limited animal keeping including chickens, goats, cows, etc., agricultural buildings, and outdoor storage of agricultural products.