108-19-5 Standards and Requirements

A. General Standards. 1. If new construction for an accessory dwelling unit is proposed or will occur, the standards for single-family dwellings, as provided in Title 108 Chapter 15, shall apply, except that an accessory dwelling unit shall not have more than one kitchen. 2. An accessory dwelling unit shall comply with the same lot development standards as a singlefamily dwelling in the respective zone, except where a more specific standard in this chapter applies or where state law requires a different result. 3. An accessory dwelling unit located in a building that is connected to the single-family dwelling only by means of a continuous roofline, such as a breezeway, shall be determined to be part of the single-family dwelling, provided that the distance between them is no greater than fifteen (15) feet. B. Detached Accessory Dwelling Unit Size, Height, Coverage, and Siting. 4. The livable space of a detached accessory dwelling unit shall not exceed 1,000 square feet and shall not exceed the size of the single-family dwelling located on the same lot or parcel. No separate footprint limitation shall apply, provided lot coverage limits are met. The same requirements shall apply to an internal accessory dwelling that is attached and a part of the singlefamily dwelling. An internal accessory dwelling unit located entirely within a basement of a singlefamily dwelling may consume the entire basement area regardless of square footage. 5. The height of a detached accessory building that houses an accessory dwelling unit shall be no greater than thirty-five (35) feet or the height of the primary structure, whichever is less. Height shall be measured from the median grade upon which the structure is located to the peak of the roof. For locations with sloping grade, height shall be measured from the midpoint of the slope run to the roof peak. The detached accessory dwelling unit must be fully located within the buildable area. 6. The total area of the footprint of a detached accessory building that houses an accessory dwelling unit, combined with the total area of the footprint of the single-family dwelling, shall not cover more than twenty-five percent (25%) of the total lot area. 7. A detached accessory dwelling unit shall not be located within a public utility easement, irrigation easement, access easement, drainage easement, or other recorded easement unless the easement holder provides written consent and the placement is otherwise lawful. 8. The detached accessory dwelling unit or an attached internal accessory dwelling unit shall be designed consistent with the design of the single family dwelling. 9. Setbacks from property lines for a detached accessory dwelling unit shall be as follows: ADU Height 10–15 feet 15–20 feet 20–35 feet Front Setback 25 feet 25 feet 25 feet Side Setback 5 feet 10 feet 15 feet Rear Setback 10 feet 15 feet 20 feet 10. Access to the accessory dwelling unit shall be located in a manner that provides safe and functional access and complies with building and fire code requirements. Detached accessory dwelling unit egress shall be oriented to minimize impacts on neighboring properties and shall comply with applicable building and fire code requirements. 11. Windows, balconies, decks, patios, exterior stairs, and exterior entrances for a detached accessory dwelling unit shall be located or treated to reasonably reduce direct views into adjacent residential dwellings and private yard areas. For windows facing and within fifteen (15) feet of a neighboring property line, the City may require one or more objective privacy treatments, including sill-height adjustment, translucent glazing, fixed glazing where permitted by building code, screening, fencing, landscaping, or other equivalent treatment. C. Conversion of Existing Structures. 1. An existing single-family dwelling unit, lawfully established at least five (5) years prior to the date of application for an accessory dwelling unit, may be converted to an accessory dwelling unit provided it complies with the standards of this chapter. 2. The owner of a legally constructed accessory structure may apply to convert the accessory structure to a detached accessory dwelling unit. The conversion shall be reviewed as a permitted use if the detached accessory dwelling unit is required to be allowed by Utah Code § 10-21-304. The conversion shall comply with applicable dwelling and accessory structure setback requirements and all applicable building, health, and fire codes. Any expansion, addition, second story, or enlargement of the existing accessory structure shall comply with the setback, height, lot coverage, and other dimensional standards applicable to detached accessory dwelling units. 3. When a detached garage is converted to a detached accessory dwelling unit, any parking spaces required for the single-family dwelling that were located within the detached garage shall be replaced on site, subject to the parking limits and requirements of this chapter and applicable state law. D. Utilities and Capacity. 1. A detached accessory dwelling unit may be denied if the City determines, based on written findings from the applicable utility provider, public works official, sanitary sewer authority, culinary water authority, electrical provider, storm water authority, local health department, or other authority with jurisdiction, that the detached accessory dwelling unit will not have adequate access to a required utility service that is a project improvement, including sanitary sewer, culinary water, electrical, or storm water. 2. A detached accessory dwelling unit may be denied if the City determines, based on written findings from the applicable authority, that a utility service that is a system improvement, including sanitary sewer, culinary water, electrical, or storm water, to which the detached accessory dwelling unit is required to connect does not have sufficient capacity to support the addition of the detached accessory dwelling unit to the utility service system improvements. 3. An accessory dwelling unit shall not be approved unless the applicant demonstrates that the accessory dwelling unit has lawful and adequate culinary water, sanitary sewer or septic, electrical, and storm water service. The City may require a will-serve letter, feasibility letter, or written capacity confirmation from the applicable culinary water authority, sanitary sewer authority, local health department, utility provider, or other service provider. 4. For a detached accessory dwelling unit, the City may deny the application if the detached accessory dwelling unit will not have adequate access to a required utility service, including culinary water, sanitary sewer, electrical, or storm water, or if the applicable utility system does not have sufficient capacity to support the detached accessory dwelling unit. 5. If the applicable culinary water authority determines, pursuant to an adopted and generally applicable water-rights, water-capacity, or water-service policy, that the accessory dwelling unit creates additional culinary water demand requiring additional water rights, water shares, waterinterest dedication, or an equivalent lawful fee or charge, the applicant shall satisfy the requirement of the culinary water authority before issuance of a building permit or occupancy approval. Any such requirement shall be imposed only to the extent authorized by applicable law and shall be based on the culinary water authority’s adopted methodology, demonstrated demand, and applicable rough-proportionality standards. E. Ownership. 1. Ownership of an accessory dwelling unit shall not be transferred separately from the single-family dwelling to which it is accessory, unless the transfer is part of a lawfully platted subdivision that complies with all applicable lot standards of this Land Use Code, including building setbacks and access across the front lot line. A notice shall be recorded against title to the lot stating that ownership may not be transferred separately except in these circumstances.