A. Purpose and Intent: This ordinance is intended to implement Utah Code Section 10-9a-511 and the goals and policies of the Mapleton City Moderate Income Housing Element of the General Plan, which encourage providing opportunities for a variety of housing options at all income levels including accessory apartments.
B. Exemptions: The provisions of this section do not apply if only family members, as defined under section 18.08.010 of this title, are residing at the residence.
C. Owner occupied: Either the primary dwelling unit or the accessory apartment shall be occupied by a full-time resident property owner as shown on the Utah County tax assessment rolls. No more than one accessory apartment is permitted per lot.
D. Internal accessory apartments (dwelling units), as defined in Utah Code Section 10-9a-511.5, are allowed in all residential zones except for the SDP-1 and R-2-B zones, with the following limitations:
1. Lot size: The lot shall be a legal lot of record of six thousand (6,000) square feet in size or larger.
2. Appearance:
a. The creation of an internal accessory dwelling unit shall not be designed in a manner that changes the appearance of the primary building as a single-family dwelling.
b. An entrance or exit to or from the apartment shall be on either the side or rear of the dwelling.
E. Detached Buildings: An accessory apartment may be permitted in a detached building with the following limitations:
1. The property must be at least forty-three thousand five hundred and sixty (43,560) square feet in size or larger.
2. The maximum interior floor area of the accessory apartment shall not exceed forty percent (40%) of the square footage of primary dwelling or the following, whichever is less:
a. One thousand (1,000) square feet for lots between forty-three thousand five hundred and sixty (43,560) square feet and eighty-seven thousand one hundred and nineteen (87,119) square feet.
b. Twelve hundred (1,200) square feet for lots of eighty-seven thousand one hundred and twenty (87,120) square feet or larger.
3. The detached structure shall be located behind the primary dwelling on the property.
F. Parking: Parking shall be provided in accordance with the following standards:
1. A single-family dwelling with an owner-occupied accessory apartment shall provide at least one (1) off-street parking stall designated for use by the accessory apartment in addition to the required off street parking required for the single-family dwelling.
2. The designated parking stall may not be located within a garage unless at least two (2) other parking stalls within a garage are available for the primary dwelling unit. The designated parking stall also may not be located directly behind a required parking stall for the primary dwelling unit.
3. Not more than one of the designated parking stalls may be located within:
a. The front yard setback; or
b. Side yard setback that is adjacent to a street.
4. A parking stall designated for use by the accessory apartment under this section shall be paved with asphalt or concrete, or be a hard surface material that will not generate dust or allow mud to be tracked onto City streets.
G. Application: Prior to construction or occupancy of an accessory apartment, a property owner shall submit an application with the information required on the official "accessory apartment permit" application maintained by the Community Development Department.
H. Application fees: At the time of application, the applicant shall pay the accessory apartment administrative fee as adopted in the official fee schedule of the Community Development Department.
I. Addressing: An owner-occupied accessory apartment will not be given a new address by the City. Single-family dwellings with owner-occupied accessory apartments can refer to mail to its accessory apartment by the same address as the primary dwelling and refer to the main address as “A” and the accessory apartment address as “B.” (Ord. 2008-14, 8-6-2008, eff. 9-24-2008; amd. Ord. 2011-11, 7-19-2011, eff. 8-14-2011; Ord. 2021-20, 8-4-2021; Ord. 2023-03, 4-12-2023)