A. Purpose And Intent: The purpose and intent of this section is to recognize the residential character of Cedar Hills and to provide for supplementary opportunities of property owners. These provisions are intended to provide for affordable housing with reasonable limitations to minimize the impact on neighboring properties and neighborhoods, and to promote the health, safety, and welfare of the property owners and residents of accessory dwelling units.
B. Permitted: Accessory dwelling units are permitted within all residential zones within the City unless otherwise prohibited by City Code. All accessory dwelling units are subject to compliance with the conditions and criteria hereinafter set forth. Homeowners associations within the City shall not prohibit accessory dwelling units in residential zones where accessory dwelling units are otherwise allowed as a conditional use.
1. Conditions And Criteria:
a. Conditional Use Permit: Accessory dwelling units may be permitted as a conditional use, upon approval of the Zoning Administrator and building official. Conditional use permit is subject to fees paid.
b. Time Limit: An accessory dwelling unit conditional use permit shall be valid for the year in which it is first issued. Thereafter, the conditional use permit shall be automatically renewed for the next succeeding year upon receipt of: 1) the initial one time registration fee; 2) evidence that the primary dwelling is occupied by the owner; and 3) a determination by the City that all conditions of approval remain in effect.
c. Building Permit: A building permit shall be obtained by the homeowner from the City before the commencement of any new construction of an accessory apartment, and a certificate of occupancy or certificate of completion shall be obtained prior to anyone occupying an accessory apartment dwelling unit. All construction and remodeling shall comply with Building Codes and ordinance requirements in effect at the time of construction or remodeling.
d. Appearance: The outside appearance of a single family home with an accessory apartment shall not be changed from that of a single family home. A maximum of one accessory apartment may be allowed in a single- family home within all single-family residential zones. Accessory apartments shall not be calculated as additional density. No accessory apartment may be allowed in any multi-family dwelling unit, or on any lot or parcel that cannot satisfy the parking requirements.
e. Entrances: An accessory apartment may have a dedicated entrance located on any side or rear of the single family home or at the front of the home if it is below grade and maintains the characteristics of a single family home.
f. Address: The principal dwelling unit and the accessory apartment shall have the same address number, but shall refer to the principal dwelling as unit “A” and the accessory apartment as unit “B”; unit then should have an external entrance to the accessory apartment. Address must be located in a visible location on the street frontage side of the home.
g. Interior Access: When an accessory apartment is located within the main dwelling, an interior access shall be maintained.
h. Building Codes: Accessory dwelling units with all applicable Building, Health, and Fire Codes at time of approval.
i. Owner Occupied: No accessory dwelling unit shall be created or occupied in a single-family home unless; the owner of the property resides in either the primary dwelling unit or the accessory dwelling and, if a property is owned within a trust, documentation concerning the trust is provided to the City. For the purpose of this section, the term “owner occupied” shall be defined as full time residency within the home by (1) the bona fide property owner(s) as shown on the Utah County tax assessment rolls, or (2) the trustor(s) or trustee(s) listed in the trust instrument if the home is owned by a trust.
(1) Owner occupancy shall not be required when: owner has a family member living at residence in his/her absence, owner has submitted a temporary absence application prior to beginning the temporary absence, and the owner has resided in the residence for at least one year prior to beginning the temporary absence and meets the following criteria:
(A) The owner has a bona fide, temporary absence of three (3) years or less for activities such as temporary job assignments, sabbaticals, or voluntary service (indefinite periods of absence from the dwelling shall not qualify for this exception); or
(B) The owner is placed in a hospital, nursing home, assisted living facility or other similar facility, while a family member lives at residence in his/her absence.
j. Occupancy: Accessory dwelling unit may only be rented to one family unit as defined by section 10-2-1, “Terms Defined”, of this title, “family” for a single family dwelling.
k. No Separate Utilities: A single family home with an accessory dwelling unit shall have not more than one meter for each water, gas and electric utility service, and the meter shall be in the name of the owner. The property owner shall be responsible for payment of all utilities. Accessory dwelling units shall be prohibited if the primary dwelling is served by a failing septic tank.
l. Parking: One off-street parking space shall be provided for tenant parking for all internal accessory dwelling units, in addition to those already required for a single-family dwelling. A minimum of two (2) parking spaces shall be required for all accessory dwellings not internal to the single- family dwelling. No parking spaces may be located within a front or side yard, except within an approved driveway. Tandem parking within a driveway is allowed to meet parking requirements. Tenants shall comply with all other parking regulations of section 5-2-5 of this Code.
m. Accessory Dwelling Unit Registration: Any person owning an existing accessory dwelling unit that has not previously been permitted by the City, or any person constructing or causing the construction of a residence that has an accessory dwelling unit, or any person remodeling or causing the remodeling of a residence for an accessory dwelling unit, shall register the accessory dwelling unit with the Zoning Administrator. This shall be in addition to a building permit for the work to be performed. In order to meet the requirements of the registration, the applicant shall:
(1) Submit a registration fee with a completed registration form including a site plan that shows property lines and dimensions, the location of existing buildings and building entrances, proposed additions, location of parking for tenants, and the dwelling is owner occupied.
(2) Pay building permit fees, if applicable, for the construction of a new dwelling, or the remodeling of an existing dwelling, in accordance with the established fees and charges, and
(3) Make all corrections identified as necessary to comply with International Residential and Building Code requirements, as identified by the building official or his designee. Include safety items required by code such as; carbon monoxide detectors, working smoke detectors, ground fault circuit interrupter protected outlet on existing wiring, street addressing, functioning and safe electrical and plumbing, hand rails and occupancy separation doors as required by International Residential and Building Code.
n. Failure To Complete Registration: If the property owner does not complete the registration as outlined above, the accessory apartment shall not be considered legal or approved. Failure to comply with the provisions of this code may result in a lien against a property that contains an accessory dwelling unit according to Utah Code Annotated section 10-9a-530.
o. Sale Of Single Family Dwelling: Accessory apartment registration permit shall become null and void upon the sale of the single-family dwelling in which it is located, unless a new permit is applied for and obtained by the purchaser(s) of the single-family dwelling in which said accessory apartment rental is located.
p. Not Intended For Sale: The accessory apartment shall not be sold or detached by deed and shall only be rented.
q. Exceptions: The provisions of subsections B1c, B1e, and B1i of this section shall not apply to an existing non-conforming rental dwelling unit that existed prior to July 17, 2018, and converts the basement into an owner occupied accessory apartment. (Ord. 07-17-2018A, 7-17-2018; amd. Ord. 05-18-2021A, 5-18-2021; Ord. 10-19-2021B, 10-19-2021; Ord. 03-07-2023C, 3-7-2023)