11C-2300 ACCESSORY DWELLING UNITS

A. Accessory dwelling units defined: An accessory dwelling unit (ADU) is a second dwelling unit on an owner-occupied single-family property that is clearly incidental and accessory to the primary structure on the property. B. Classes of ADUs: ADUs can be either internal or external. 1. An internal ADU is a separate dwelling unit located entirely within the footprint of a single-family swelling Internal ADUs must meet the standards in U.C.A.§1020-530. To be considered an internal ADU, the swelling unit must have a kitchen, bathroom, and sleeping area situated together in a logical configuration that is separated from the rest of the primary dwelling in such a manner that is clearly intended for the possible use as a separate swelling unit. 2. An external UDU is a swelling in a separate structure on the same lot as a singlefamily dwelling. To be considered an external ADU, the swelling unit must have a kitchen, bathroom, and sleeping area in the separate structure configured in such manner that is clearly intended for the possible use as separate swelling unit. C. Allowed Zones 1. Internal ADUs are allowed in all residential zones. 2. External ADUs are permitted use in all primarily residential zones on lots greater than 11,000 sf in size. 3. ADUs are a conditional use in Commercial, RE/AD zones, BD and RR zones.” D. General standards: All ADUs must conform to the following standards: 1. The ADU must contain complete cooking and bathroom facilities that are separate from the facilities located in the main residence. a. The cooking facility in the ADU must contain: 1.A sink and water faucet, 2.Capacity for food refrigeration, and 3.A permanent, built-in stove top, rang, or other similar device for cooking food. b. The bathroom facility in the ADU must contain: 1. A sink and water faucet, 2. A toilet, and 3. Shower or bathtub. 2. ADUs must meet all applicable Fire and Building Codes. 3.It must be visually apparent that the lot where the ADU is located is developed as a single-family residence with an accessory swelling and the SDU must maintain the single-family appearance and character of the neighborhood. ADUs should be compatible in design and appearance with the main residence on the property. 4. Only one internal or one external ADU per property is permitted. 5. The ADU shall not be used for transient lodging (Short Ter Rentals). 6. If a garage or carport is converted to an SU, the property owner must replace any parking spaces contained in the garage or carport which are required by code with an equal number of parking spaces elsewhere on the property in a manner that complies with all land use standards. 7. An ADU shall not be permitted within a mobile home. 8. A property owner may not install power or culinary water utility meters that serve only the ADU. The ADU must be served by the same power and culinary water utility meters as the primary swelling on the property. 9. An ADU is not allowed to sold separately or subdivided rom the primary dwelling on the property. 10. One of the swellings must be owner occupied E. Specific Standards: 1. Internal ADUs: The following standards apply to internal ADUs only: a. The lot where the ADU is located must be at least 6,000 square feet in size 2. External ADUs: The ADU shall be limited in area to a maximum of 1,500 square feet, or 600 square Feet minimum. a. For the purpose of compliance with this standard the area of the structure containing the ADU shall be measured in the same manner as any other structure in the residential zones, except that the area of a basement in an external ADU structure shall be included in the area of the ADU. 3. Off-street parking shall be provided for all occupants of ADUs and the primary residence 4. Setbacks shall comply with the underlying zone. 5. If existing accessory buildings are converted to an ADU, zoning setbacks shall be met for the underlying zone. 6. No sublease is allowed 7. No more than two unrelated occupants per bedroom. F. Permit required: Prior to renting or offering to rent or offering an ADU, a property owner must obtain an accessory dwelling unit permit from the Town 1. The ADU permit is reviewed and approved by city staff. 2. The City staff shall issue the ADU permit, only after finding all of the standards in this section and all other applicable land use standards have been met. 3. The Town shall record a notice of the permit with the Rich County Recorder, as detailed in U. C. A. §10-20-530 (60). 4. Renew annually. G. Failure to comply with any regulation in this section may result in enforcement actions taken against the property owner, potentially including civil fines and penalties. In addition to other remedies available to the Town, the Town may hold a lien against a property that contains an ADU if the property owner violates any standards for operation of an ADU. The amount, notice, and procedure for the lien shall be in accordance with state law. Approved June 11, 2026