(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ATTACHED. One of the following:
(a) A shared wall with any portion of the primary dwelling, expanding the primary dwelling footprint with no separation of space between the internal accessory dwelling unit and the primary dwelling as illustrated as a potential variation herein; or
(b) A roof attached to the primary dwelling, expanding the primary dwelling footprint with an allowance for separation of space between the internal accessory dwelling unit wall and the primary dwelling as illustrated as a potential variation herein.
DETACHED ACCESSORY DWELLING UNIT. An accessory dwelling unit created:
(a) As a stand-alone permanent structure with typical footing and foundation, not attached to the primary dwelling and provides fully connected utility services to the unit. Campers, recreational vehicles, recreational coaches, trailers, mobile homes and other portable units or structures are not considered a permanent structure for the purpose of this definition;
(b) As an entirely separate unit or constructed as part of an existing accessory structure, such as a detached garage as illustrated as a potential variation herein;
(c) For the purpose of offering a long-term rental of 30 consecutive calendar days or longer;
(d) Located on the same lot of record as the primary dwelling; and
(e) Includes separate dedicated kitchen and bathroom facilities for the exclusive use of the accessory dwelling unit occupants.
INTERNAL ACCESSORY DWELLING UNIT. An accessory dwelling unit created:
(a) Within an existing primary dwelling;
(b) Provided within the footprint of the existing primary dwelling at the time the internal accessory dwelling unit is created;
(c) For the purpose of offering a long-term rental of 30 consecutive calendar days or longer;
(d) Located on the same lot of record as the primary dwelling; and
(e) Includes separate dedicated kitchen and bathroom facilities for the exclusive use of the internal accessory dwelling unit occupants.
PRIMARY DWELLING. A single-family dwelling that:
(a) Is detached; and
(b) Is occupied as the primary residence of the owner of record.
RESIDENTIAL UNIT. A residential structure or any portion of a residential structure that is occupied as a residence.
SHORT-TERM RENTAL. A residential unit or any portion of a residential unit that the owner of record or the lessee of the residential unit offers for occupancy for less than 30 consecutive calendar days.
(B) Accessory dwelling units allowed in certain zoning districts.
(1) A maximum of one accessory dwelling unit shall be allowed for each primary dwelling or in a detached accessory dwelling unit associated with a primary dwelling as a permitted use in the MU-40, MU-80, MU-160, A-1, A-5, RR-1, RR-5, R-1-10, R-1-8, R-1-6, R-M-7, R-M-15, R-M-30, GC and CBD Zoning Districts; provided, the accessory dwelling unit complies with all the requirements of this chapter.
(2) Only one accessory dwelling unit is allowed per lot of record.
(C) Accessory dwelling unit requirements.
(1) Before occupancy, city officials shall confirm the accessory dwelling unit complies with all applicable building, health, and fire codes, as adopted.
(2) The accessory dwelling unit shall be served by the utility meter serving the primary dwelling. The installation of a separate utility meter for an accessory dwelling unit is prohibited. Exception: a separate electrical meter may be required for a detached accessory dwelling unit if an upgrade to the primary dwelling electrical services would pose any safety issues with the Detached accessory dwelling unit load and sourcing of primary dwelling.
(3) The accessory dwelling unit shall include separate dedicated kitchen and bathroom facilities for the exclusive use of the accessory dwelling unit occupants.
(D) Appearance.
(1) Detached accessory dwelling unit. The detached accessory dwelling unit shall:
(a) Be designed to have the same or similar design as the primary dwelling’s architectural character and color by using similar exterior building materials, window types, door and window trims, roofing materials, and roof pitch as illustrated in the figure in (D)(2) below; or
(b) Be designed to appear as a dwelling with characteristics of modern architectural designs and exterior wall and roof coverings that are in compliance with residential building code regulations, consistent with residential industry building standards, and is complimentary to adjoining properties and surrounding area.
(2) Internal accessory dwelling unit. Except for any access door, the internal accessory dwelling unit shall be designed not to change the appearance of the primary dwelling as a single-family dwelling.
(E) Required off-street parking.
(1) One additional on-site hard-surface (concrete, asphalt or pavers) parking space shall be provided for the exclusive use of the accessory dwelling unit, regardless of whether the primary dwelling is existing or new construction. If three or more parking spaces exist, one space can be designated for the exclusive use of the accessory dwelling unit.
(2) The accessory dwelling unit parking space shall be located outside of any front yard setback area as illustrated as a potential variation herein.
(F) Alternative off-street parking.
(1) An existing primary dwelling with both side yard setbacks, each less than nine feet in width may allow the additional required on-site parking space in the front yard setback; provided, the location of the parking space be adjacent to and abutting the existing driveway in the following order of priority. (See figure below.):
(a) On exterior side of driveway between the driveway and side property line; and
(b) On interior side of driveway and not greater in width than ten feet.
(2) An existing primary dwelling with a single car garage or carport with an existing or proposed side yard parking space outside of the front yard setback may allow the additional required on-site parking space in the front yard setback; provided, the location is directly behind the side yard parking space as a tandem space. (See figure below.)
(3) (a) An existing primary dwelling with a driveway that extends along the side yard to access an existing detached garage or carport may allow the additional required on-site parking space in the front yard setback; provided, the location of the parking space be adjacent to and abutting the existing driveway and not greater in width than ten feet. (See figure below.)
(b) A primary dwelling with a rear yard detached garage may allow the additional required on-site parking space in the driveway behind the front yard setback; provided that, primary dwelling parking ingress and egress are not obstructed. (See Figure below.)
(4) The accessory dwelling unit parking space shall not be located within the clear view area on a corner lot.
(5) Drive approaches and curb cuts shall comply with the city’s Public Works Standards.
(6) A primary dwelling located within a homeowner’s association that restricts parking in the front yard setback or common area is permissible as an acceptable alternative under the figure in division (F)(3)(b) above; provided, the applicant has the homeowner’s association’s written approval.
(7) When an accessory dwelling unit is created through the conversion of a garage or carport, the parking spaces provided by the garage or carport shall be replaced at a location on the lot, provided they are located outside of any front yard setback area.
(G) Prohibited uses.
(1) No portion of a mobile home, or mobile home park or subdivision, as defined in U.C.A. § 57-16-3, Utah Code and Chapter 29.02, Brigham City Code, shall be used as an accessory dwelling unit.
(2) An accessory dwelling unit is prohibited if it will be served by a failing septic tank, as determined by the city or the county’s Health Department.
(H) Permits and license required.
(1) An application shall be filed with the city to create or establish an accessory dwelling unit.
(2) No construction to create or establish an accessory dwelling unit shall commence without the issuance of the necessary building permits and zoning approval, as required by the city.
(3) The owner of the primary dwelling shall obtain an approved rental business license issued by the city, before the accessory dwelling unit is rented. Such license shall remain valid and shall be renewed, as required by the city.
(I) Recordation required.
(1) The city shall record a notice in the office of the Box Elder County Recorder that provides:
(a) A description of the primary dwelling;
(b) A statement that the primary dwelling or primary dwelling lot of record contains an accessory dwelling unit; and
(c) A statement that the accessory dwelling unit may only be used in accordance with the city’s land use regulations.
(2) Upon recording the notice described in division (I)(2) above, the city shall deliver a copy of the notice to the owner of the accessory dwelling unit.
(J) Owner-occupancy required. The owner of the primary dwelling shall reside on the property, either occupying the primary dwelling or accessory dwelling unit.
(K) Addition to primary dwelling for purpose of creating an internal accessory dwelling unit. The footprint of an existing primary dwelling may be increased to create an internal accessory dwelling unit provided the following are met.
(1) The existing primary dwelling, all existing accessory structures, and the lot upon which the primary dwelling is located are all in compliance with the city’s Land Use Ordinances, Building Codes and other ordinances and requirements, as applicable.
(2) The proposed addition to create an internal accessory dwelling unit meets all requirements of being “attached” to the primary dwelling.
(3) The location of the proposed addition to the primary dwelling complies with all requirements of the city’s Land Use Ordinances, including compliance with required yard setbacks and height.
(4) Required parking for the internal accessory dwelling unit can be provided as required by this section.
(5) A valid building permit is issued authorizing the proposed construction.
(6) The proposed internal accessory dwelling unit will comply with all requirements of this section.
(L) Short-term rental prohibited. An accessory dwelling unit shall not be rented or occupied for a period of less than 30 consecutive calendar days. It is prohibited for any accessory dwelling unit to be used as a short-term rental unit.
(M) Size, height and area restrictions.
(1) Detached accessory dwelling unit. A detached accessory dwelling unit shall:
(a) Not be less than 300 square feet or more than 1,000 square feet;
(b) Not occupy more than 25% of the rear yard area of the lot;
(c) Meet all accessory building standards for lot coverage, rear yard coverage, height and any other standards for the zone in which it is located;
(d) Be limited to 20 feet in height to the peak of roof when located outside of the primary dwelling buildable area illustrated in the figure in division (M)(1)(f) below;
(e) Be limited to one story, except when located:
1. One floor level above a detached garage as a second story when located inside of the primary dwelling buildable area illustrated in the figure in division (M)(1)(f) below;
2. Within the attic space as a loft of a one-story detached accessory structure located outside of the primary dwelling buildable area illustrated in the figure in division (M)(1)(f) below; or
3. Within the primary dwelling buildable area illustrated in the figure in division (M)(1)(f) below, a two-story detached accessory dwelling unit may be located.
(f) Be located within 150 feet of a fire apparatus access road as defined by the Internal Fire Code.
(2) Internal accessory dwelling.
(a) An internal accessory dwelling unit has no restriction or requirement governing:
1. The size of the internal accessory dwelling unit in relation to the primary dwelling;
2. Total lot size; or
3. Street frontage.
(b) The primary dwelling is subject to the lot coverage, height and any other standards for the zone in which it is located.
(N) Yard regulations (setbacks).
(1) Detached accessory dwelling unit. A detached accessory dwelling unit shall meet all accessory building standards for the zone in which it is located and, if it qualifies for second story under exception in division M.1.e., shall meet all standards for inside of the primary dwelling buildable area as illustrated in the figure in division (M)(1)(f) above. Exception: an accessory structure to be used as a detached accessory dwelling unit that existed prior to 12-18-2014 (Ord. 14-16), and meets all other required standards can be located within the five-foot side yard setback provided the following standards are satisfied:
(a) The structure has a firewall with no openings;
(b) No closer than two feet from the property line;
(c) Not located in a utility easement; and
(d) Privacy standards in division (F) above.
(2) Internal accessory dwelling unit. The primary dwelling is subject to the yard regulations (setbacks) for the zone in which it is located.
(O) Privacy. The following privacy standards and requirements shall apply to all detached accessory dwelling units:
(1) Installation of fencing to buffer and mitigate the impact of the unit location, parking areas and unit entrances from adjoining properties. Fencing shall be a six-foot tall solid visual barrier and shall comply with applicable fencing requirements beginning at the front yard setback abutting side and rear yard property lines as illustrated herein;
(2) Windows on a detached accessory dwelling unit located above a detached garage facing adjoining properties are prohibited, unless required by Building, Health and Fire Codes, as adopted. If required, a frosted, translucent or stained type of non-see-through window shall be installed.
(3) Balconies and rooftop decks are prohibited.
(4) Exterior stairways and landings shall not be located or encroach into the accessory building setback from property line.
(5) Exterior lighting shall provide illumination directed downward with light source shielded from adjoining properties.
(P) Address. The primary dwelling and the Internal Accessory Dwelling Unit shall have the same address number. A detached accessory dwelling unit shall have the same address as the primary dwelling and be referenced as “Unit A”. Addresses must be in a visible location for emergency responders.
(Q) Enforcement lien. The city may, in addition to any other legal or equitable remedies available, pursue a lien against the subject property in an amount of $100 for each day of violation (after the day which the opportunity to cure the violation expires) for:
(1) Any violation of U.C.A. § 10-9a-530, entitled “internal accessory dwelling units”; or
(2) Any violation of this section.
(R) Notice and hearing.
(1) The city adopts the lien notice and hearing notice requirements set forth in U.C.A. § 10-9a-530.
(2) An owner appealing a violation may appeal that decision to the designated appeal officer, or to the appeal authority if no appeal officer is designated; provided, they do so in writing within 14 days of the notice of violation by delivering the same to the Community Development Director or designee.
(S) Appeal of administrative hearing decision. Any decision of the appeal officer or the appeal authority may be appealed by the owner or city to the District Court within 30 days from the written decision is made.
(Prior Code, § 29.05.270) (Ord. 07-13, passed 7-19-2007; Ord. 21-12, passed 8-5-2021; Ord. 22-01, passed 2-17-2022; Ord. 23-25, passed 11-2-2023)