A. Existing buildings in Beaver County that were permitted prior to July, 11, 2023 that are intended to be used as an ADU and cannot meet the standards set forth in this chapter must file an application to have a structure declared a noncomplying structure under Beaver County Code section 9-14 and then follow the application process set forth below to have the use allowed through special exception of Utah Code section 17-27a-510.5.
B. The property owner shall have the burden of establishing that the building was legally created. The administrator or administrator’s designee shall review application in the following procedure:
1. Owner or applicant seeking determination shall file an application with the County and pay all applicable fees, including any additional fees incurred resulting from staff providing research.
2. Application shall include evidence that clearly establishes the existing building lawfully existed at the time it was created.
3. Acceptable evidence may include:
a. Historical zoning maps clearly identifying the use and structure existed.
b. Historical zoning code supporting historical zoning maps.
c. Previously issued building permits.
d. Previously issued conditional use permits.
e. Documentation supporting a variance was granted or issued for the use or structure.
f. Aerial imagery that clearly establishes use or structure existed.
g. Court Orders or Judgements.
h. Affidavits from previous property owners attesting to the use/structure.
i. Evidence of utility connections.
j. A building inspection that certifies that the building or structure was compliant with the codes in effect of the time it was built.
4. The County shall accept application and evidence provided and make its findings and determination within fourteen business days. The County shall notify the applicant in writing stating the determination.
5. A parcel that has an existing guest house does not qualify for an additional detached ADU. By definition, a guest house may not be rented out or leased. If a property owner wants to convert a guest house to a detached ADU the property owner must follow all applicable processes and design requirements for detached ADUs.
C. Attached Accessory Dwelling Unit Conversions:
1. A portion of a building attached to the primary dwelling that is noncomplying and was legally established as determined under Beaver County Ord 9-1-6, may be converted or expanded for the purpose of converting or enlarged for the purpose of converting, into an ADU upon permit authorized by the Land Use Hearing Office provided that the Land Use Hearing Officer shall find that:
a. The primary dwelling, or portion thereof, is no less than 3 feet from the side and rear property lines;
b. The attached ADU does not have a light source projecting onto the neighboring property;
c. The attached ADU does not protrude higher than the measured height of the existing nonconforming structure being expanded as measured from original ground surface.
d. The attached ADU can accommodate all required parking on the parcel, and does not violate the required off-street parking standards, including parking requirements of this title.
D. Detached Accessory Dwelling Unit Conversions:
1. A detached building that complies with all applicable height, building envelope, setback, and parcel coverage requirements may be converted, or expanded for the purpose of converting, or enlarged for the purpose of converting, to an accessory dwelling unit, provided the existing setbacks of the detached building are not further reduced and the structure complies with or can be altered to comply with the applicable sections of the adopted building and fire codes of the County.
2. A detached building, that is noncomplying and was legally established as determined under Beaver County Ord 9-1-6, may be converted, or expanded for the purpose of converting, or enlarged for the purpose of converting, to an accessory dwelling unit upon permit authorized by the Land Use Hearing Office provided that the Land Use Hearing Officer shall find:
a. The side or rear setbacks of the detached building are not further reduced to accommodate the ADU;
b. The detached building does not have a light source projecting onto an adjacent property;
c. The facade of the detached building located within five feet and facing an adjacent property line, does not have any balconies, porches, landings, stairs, doors, or windows;
d. For properties with rear yards that are located next to an Airport Zone, the detached building does not exceed 24 feet in height;
e. For all properties, located adjacent to a residential zone and residential use, the detached building does not protrude higher than the measured height of the existing noncomplying structure being expanded as measured from original ground surface;
f. Does not create any new visual impacts that cannot be otherwise mitigated by a fence or wall;
g. The detached ADU can accommodate all required parking on the parcel, and does not violate or diminish the required off-street parking standards, including parking requirements of this title;
h. Does not violate applicable standards and regulations outlined for accessory structures and principal structures; provided that such increase or expansion of structure does not further increase where the graduated height envelope intersects the existing structure;
i. Structure or proposed expansion of the structure is not within any recorded easement;
j. Does not result in runoff or drainage from the accessory building onto an adjacent property;
k. The detached building shall meet all other requirements of BC, except as provided otherwise in this section; and
l. Meets the applicable sections of the adopted building and fire codes of the County.
E. Conditions and Limitations for Land Use Hearing Officer Permits for ADU Conversions. The Land Use Hearing Officer may impose conditions and limitations upon issuance of a permit for an addition to, enlargement of, moving of, or reconstruction of a structure as necessary to prevent or mitigate adverse effects on other properties located in the neighborhood of the subject property, consistent with the standards of this Title. (Ord, 2023-06, 7-18-2023)