14-1-065 GENERAL PROVISIONS: Accessory Dwelling Units

(As Per Ordinance # 050626A) 1. Permitted Use: A Detached Accessory Dwelling Unit (DADU) shall be a permitted use on any residential lot that is 11,000 square feet or larger, provided the lot contains one primary single-family residence and the owner of record resides on the premises in (either in the primary dwelling or the DADU) as their primary residence. If the owner of record does not reside on the property, the use of the DADU as a dwelling unit is prohibited. 2. Affidavit of Zoning Compliance: Prior to the issuance of a Certificate of Occupancy for any ADU or DADU, the owner shall file an Affidavit of Zoning Compliance, verifying the owner-occupancy requirement and acknowledging that the unit may not be used as a nightly rental. 3. Mandatory Integration (No Stand-Alone Units): A DADU may not be a stand-alone dwelling unit. All DADUs must be located within or physically attached to a secondary accessory structure otherwise permitted in the zone (e.g., a detached garage, workshop, or carriage house). The structure must be permanently attached to a site-built foundation and comply with all International Residential Code (IRC) standards. 4. Prohibition of Nightly Rentals: No ADU or DADU shall be used for shortterm or nightly rentals (any period less than 30 consecutive days). 5. Parking (Off-Street): a. 650 square feet or less: One (1) additional off-street parking stall is required. b. Units greater than 650 square feet: Two (2) additional off-street parking stalls are required. c. All stalls must be on an all-weather surface (concrete or asphalt). B: SETBACKS, SIZE AND PUBLIC SAFETY 1. Size Limits: A DADU shall not exceed 1,000 square feet in living space or 50% of the square footage living space of the primary residence, whichever is less. 2. Base Setbacks: DADUs shall maintain a minimum side and rear yard setback of 10 feet. To prevent overcrowding, a DADU must maintain a minimum separation of 10 feet from the primary dwelling. 3. Height and Increased Setbacks: Consistent with the Accessory Buildings section and the “Height of Building” definition in the code, the maximum height for an accessory structure containing a DADU is 25 feet. a. For any structure exceeding 20 feet in height, the required side and rear setbacks shall be increased by one (1) foot for every one (1) foot of height above 20 feet (up to the 25-foot maximum). 4. Emergency Access Standards (Public Safety): To ensure the safety of residents and the ability of emergency services to reach the structure, any DADU located more than 150 feet from a public right-of-way (measured along the path of travel) shall provide a Fire Apparatus Access Road. a. Said access road shall have an unobstructed width of not less than 20 feet, an exclusive vertical clearance of 13 feet 6 inches, and a turnaround (e.g., a "hammerhead" or "T") approved by the Fire Marshal to accommodate modern fire apparatus. 5. Curb, Gutter, and Sidewalk Improvements: The approval of a DADU shall be subject to the city’s existing ordinances regarding the installation of curb, gutter, and sidewalk. The applicant shall be required to install these improvements along the entire street frontage of the property if they do not already exist or do not meet current city standards, in accordance with Section 10-3-010(B). C: UTILITIES AND IMPACT FEES 1. Separate Utility Connections: DADUs may have separate utility connections and meters for water, sewer, and electrical services at the option of the property owner. If separate meters are not installed, the DADU shall be served by the primary dwelling’s utility connections. a. If a DADU shares or utilizes the culinary water service or plumbing system of the primary residence, state-approved backflow prevention devices must be installed and maintained in accordance with Salem City Public Works standards and the International Plumbing Code. These devices must be inspected and certified upon installation and on an annual basis thereafter. 2. Connection Rates: The fees for these connections and subsequent usage shall be charged at the standard rates generally established for residential service as set forth in the Salem City Consolidated Fee Schedule. 3. Impact Fees and “Small Residential Unit” SRU Classifications: For the purposes of calculating impact fees, all ADUs and DADUs shall be classified as Small Residential Units (SRU). a. In accordance with the Utah Impact Fees Act, impact fees for an SRU shall be assessed at a proportionate rate that is mathematically distinct from a standard single-family ERU. b. The impact fee for a DADU shall be assessed based on the proportionate impact factor identified for "Accessory Dwelling Units" or "Small Residential Units" within the City’s most recently adopted Impact Fee Analysis (IFA). This factor shall represent the DADU's ratio of impact relative to a standard Equivalent Residential Unit (ERU), accounting for projected occupancy, indoor water use, and sewer demand. 4. Water Rights: No water interest exaction shall be required for a DADU unless the City completes a written analysis demonstrating that the existing system cannot accommodate the load. (Ordinance # 050626A)