A. Accessory Dwelling Units: Accessory Dwelling Units are incidental to and on the same Lot as a Single-Family Detached Dwelling Unit or associated with an allowed, low impact, or conditional Commercial Use in the Service Commercial Zone.
1. Location: Accessory Dwelling Units may be established:
a. Within the footprint of a Single-Family Detached Dwelling Unit;
b. Attached to a Single-Family Detached Dwelling Unit;
c. Within or attached to a larger Accessory Structure (such as a barn or garage);
d. On the same Lot as a Single-Family Detached Dwelling Unit;
e. Built as a standalone structure on the same Lot as a Single-Family Detached Dwelling Unit; or
f. Associated with an allowed, low impact permit, or conditional Commercial Use in the Service Commercial zone (See Section 10-8-5-3(a)).
2. General Standards: All Accessory Dwelling Units shall conform to the following standards:
a. Size: Accessory Dwelling Units shall be limited to a maximum Floor Area of one thousand (1,000) square feet, notwithstanding the definition of Floor Area as defined in 10-11-1, measured from the inside face of the perimeter wall to the inside face of the perimeter wall. Included within the floor area shall be all wall partitions, mechanical rooms, hallways, and stairwells.
b. Accessory Dwelling Units Per Lot: No more than one (1) Accessory Dwelling Unit or one (1) Internal Accessory Dwelling Unit may be located on a Lot. In no case shall a Lot contain both an Accessory Dwelling Unit and an Internal Accessory Dwelling Unit.
c. Condominiums: Unless approved through the Conditional Use process in the Service Commercial zone, Accessory Dwelling Units shall not be established within Condominiums or Condominium units.
d. Ownership: The Accessory Dwelling Unit may not be sold separately from the Single-Family Detached Dwelling Unit or the associated commercial Use.
e. Rental Term: Nightly Rentals are prohibited in Accessory Dwelling Units. Rental terms for the Accessory Dwelling Unit shall be no less than thirty (30) days.
f. Parking: In addition to the requirement for primary Use, a minimum of one (1) off-street parking space must be provided for the Accessory Dwelling Unit.
g. Certificate of Occupancy: A certificate of occupancy for an Accessory Dwelling Unit shall only be granted concurrent with or after the issuance of a certificate of occupancy for the Single-Family Detached Dwelling Unit or the associated commercial Use. If an existing residence is proposed to be converted to an ADU in conjunction with a proposed primary Single-Family Dwelling Unit, the Building Permit for the new primary Single-Family Dwelling Unit shall not be issued until Staff has determined that the structure to be converted to an ADU complies with all applicable requirements.
h. Review: The Applicant for an Accessory Dwelling Unit must submit a floor plan, and Site plan showing the proposed location, size, layout, and any proposed changes to an existing Structure or Site as part of the building permit or Conditional Use Permit submittal.
i. Septic: If the proposed Accessory Dwelling Unit is on a Lot with a septic system, the applicant shall demonstrate that the system can accommodate the Single-Family Detached Dwelling Unit or the associated commercial Use as well as the Accessory Dwelling Unit without failing.
j. Water: The applicant shall demonstrate that there is adequate water to accommodate the Single-Family Detached Dwelling Unit as well as the Accessory Dwelling Unit without failing.
3. Service Commercial Standards: In addition to the above General Standards, Accessory Dwelling Units within the Service Commercial Zone shall conform to following standards:
a. Accessory Dwelling Units Per Lot/Unit: No more than one (1) Accessory Dwelling Unit or one (1) Live/Work Dwelling Unit may be located on a Lot (or Unit if condominiumized). In no case shall a Lot (or Unit if condominiumized) contain both an Accessory Dwelling Unit and a Live/Work Dwelling Unit.
b. Residency Restriction: At least one (1) resident of Accessory Dwelling Unit shall be the owner or employee of the associated commercial Use.
c. Business Operations: As a Condition of Approval, verification of business operation and Business License must be submitted prior to the Certificate of Occupancy for the Accessory Dwelling Unit.
B. Internal Accessory Dwelling Units: As an alternative to the standards in 10-8-5(A), the following standards apply. Internal Accessory Dwelling Units are an incidental residential use within the Building Footprint of a Single-Family Detached Dwelling Unit.
1. Applicability: Internal Accessory Dwelling Units must comply with the standards found in Utah State Code Section 17-27a-526 as amended. If an Accessory Dwelling Unit is within or attached to a Single-Family Detached Dwelling Unit but does not comply with all standards in Utah State Code Section 17-27a-526 as amended, the standards outlined in 10-8-5(A) of this Title shall apply.
2. Standards: Internal Accessory Dwelling units must comply with the following standards:
a. Accessory Dwelling Units Per Lot: Either one (1) Internal Accessory Dwelling Unit or one (1) Accessory Dwelling Unit may be located on a Lot. In no case shall a Lot contain both an Accessory Dwelling Unit and an Internal Accessory Dwelling Unit.
b. Ownership: Either the Single-Family Detached Dwelling Unit or the Internal Accessory Dwelling Unit shall be occupied by the Owner, and the Internal Accessory Dwelling Unit shall not be sold separately from the Single-Family Detached Dwelling Unit.
c. Rental Term: Nightly Rentals are prohibited in an Internal Accessory Dwelling Unit. Rental terms for the Internal Accessory Dwelling Unit shall be no less than thirty (30) days.
d. Parking: In addition to the required parking for a Single-Family Dwelling Detached, at least one (1) off-street parking space must be provided for the Internal Accessory Dwelling Unit.
e. Utility Meter: A separate utility meter may not be installed for an Internal Accessory Dwelling Unit.
f. Design: The Internal Accessory Dwelling unit shall be designed in a manner that does not change the appearance of the primary dwelling as a Single-Family Detached Dwelling Unit.
g. Review: The Applicant for an Internal Accessory Dwelling Unit must submit to the Community Development Department a floor plan, and Site plan showing the proposed location, size, layout, and any proposed changes to an existing Structure or Site.
h. Septic: If the proposed Internal Accessory Dwelling Unit is on a Lot with a septic system, the applicant shall demonstrate that the system can accommodate the Single-Family Detached Dwelling Unit as well as the Internal Accessory Dwelling Unit without failing.
C. Live/Work Dwelling Units: Live/Work Dwelling Units combine commercial, office or light manufacturing activities, that are allowed, low impact or conditional Uses in the zone, with a residential living space for the business owner or business owner's employee and that person's household into one single unit. For this Section, any term not defined in Chapter 11 of this Title, shall have a meaning consistent with the International Building Code (IBC), latest edition.
1. Applicability: Following the appropriate process as required by the Use Table in 10-8-2 of this Title, Live/Work Dwelling Units shall be identified on the Plat or Condominium Plat.
2. Standards: Live/Work Dwelling Units shall be located, developed, and operated in compliance with the following standards:
a. Work Activity: No work activity with the potential to adversely affect others living or working in or nearby the Live/Work development by reason of dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other impacts, or would be hazardous by way of materials, process, product, or waste is allowed.
b. Restrictive Use Covenant: The Planning Commission, as part of the Conditional Use Permit review, may require a Restrictive Use Covenant that limits the Uses that are allowed in the project due to potential impacts (dust, glare, heat, noise, noxious gases, etc.).
c. Size: In order to be consistent with the International Building Code, the Floor Area of a Live/Work Dwelling Unit may not exceed three thousand (3,000) square feet total.
d. Floor Area: In order to be consistent with the International Building Code, at least fifty percent (50%) of the Floor Area of a Live/Work Dwelling Unit must be designated and regularly used for work activities.
e. First Floor: In order to be consistent with the International Building Code, the nonresidential function of the Live/Work Dwelling Unit shall be limited to the first floor or main floor of the Live/Work Dwelling Unit.
f. Parking: In addition to the required parking for the commercial use, each Live/Work Dwelling Unit shall have at least one (1) off-street parking space per unit. The Planning Commission may modify or waive this parking requirement through the Conditional Use Permit process.
g. Occupancy Limit: Not more than five (5) workers or employees are allowed to occupy the workspace of the Live/Work Dwelling Unit at one time.
h. Residency Restriction: At least one (1) resident of the residential portion of the Live/Work Unit shall be the owner or employee of the nonresidential use in the Live/Work Unit.
i. Rental Terms: Nightly Rentals are prohibited in Live/Work Dwelling Units. Rental terms for the residential portion of the Live/Work Dwelling Units shall be no less than thirty (30) days.
(Ord. 708, 12-10-2008; amd. Ord. 970, 11-8-2023)