14.76.120 GENERAL MINIMUM DEVELOPMENT STANDARDS: Accessory Dwelling Units

Accessory Dwelling Units may be approved by the Zoning Administrator as a permitted use in any zone in which such use is listed as a permitted use, provided that all of the following standards and requirements are met: A. Purpose. The purpose of this section is to establish use and development regulations for ADUs. ADUs provide a portion of the needed supply of more affordable housing units within the county. These regulations are intended to ensure ADUs do not disturb the single family residential character of a neighborhood in the zones in which they are allowed and to protect the private property rights of adjacent property owners. B. Scope. The requirements of this section shall apply to all ADUs. Such requirements shall not be constructed to prohibit or limit other applicable provisions of this chapter, this code, and other State or federal laws. C. General ADU Standards. a. An ADU may be constructed on any lot prior to the construction of the principal structure to which it is accessory (minimum footprint dimensions 24’ x 24’). b. A maximum of one (1) accessory dwelling unit may be permitted on a lot or parcel which qualifies for a swelling unit or a farm caretaker dwelling. c. The design, size, and location of the ADU shall be subordinate to the principal structure on the lot or parcel on which it is located and shall meet all applicable building, fire, and health codes and zoning requirements. d. A permitted septic system which meets the requirements of State Code shall be in place. Documentation from the Central Utah Department of Health stating the current septic system can handle the ADU and principal structure shall be required. e. An approved source of water which meets the requirements of State Code shall be in place. Sanpete County shall require a total of 1 ½ acre foot of water for a detached ADU and principal structure combined. f. The ADU may have a separate utility meter for gas and/or electrical service provided each meter is in the name of the property owner. g. The ADU shall utilize the same street address as the primary dwelling unit for mail and other addressing purposes. h. The ADU shall only be occupied by one (1) family, in addition to the family inhabiting the primary structure. i. The ADU shall be accessed by an independent entrance. j. The ADU shall be registered with the County Recorder. D. Internal/Attached ADU Standards: a. An internal/attached ADU shall be regulated by the County as provided in §17-27a-526 of Utah State Code (as amended). b. A mobile home shall not contain an internal/attached ADU. E. Detached ADU Standards: a. A detached ADU is strictly prohibited on lots or parcels which are located within: i. The Sensitive Lands (SL) zoning district; or ii. A Wildland Urban Interface (WUI) zone; or iii. A dry subdivision as outlined in Chapter 13.34 of the Sanpete County Subdivision Ordinance. b. A detached ADU may only be allowed on a lot or parcel with a minimum lot area of one (1) acre. c. A detached ADU may be located anywhere within a building lot as long as it meets current zoning setbacks. d. A detached ADU shall not exceed a total maximum floor area of all habitable stories of one thousand (1,000) square feet. For the purposes of this section, building area means the same as defined in the currently adopted International Building Code (IBC). e. A detached ADU shall be site built. No manufactured home, mobile home, or recreational vehicle (including park, model units) may be utilized for such purpose. f. A detached ADU may be located within a larger accessory structure. g. When calculating the total floor area of a detached ADU, non-habitable spaces such as garages, covered or enclosed porches, or decks shall be excluded. h. A detached ADU shall be provided with a minimum of two (2) additional off-street parking spaces. i. Landscaping shall be consistent and maintained to minimize impacts to neighboring properties, and retain the residential character of the neighborhood, and provide a visual buffer for the on-site parking in relation to adjacent properties and rights-of-way. j. An existing legally permitted permanent structure that does not exceed one thousand (1,000) square feet may be deemed a detached ADU if the minimum footprint dimensions are less than 24’ x 24’