13.11.010: ACCESSORY DWELLING UNITS (ADUS) AND GUESTHOUSES:
   A.   Purpose: This section is established to provide regulations and design standards for accessory dwelling units (ADUs) and guesthouses related to single-family dwellings in Residential Zone Districts.
   B.   Internal Accessory Dwelling Units (ADUs):
      1.   ADUs shall only be allowed within the building footprint of a detached single-family dwelling. ADUs shall not be allowed in a duplex, triplex, apartment, or any other structure that contains more than one dwelling unit.
      2.   A minimum of one (1) off-street vehicle parking space is required for an ADU. This space shall be in addition to those required for the primary dwelling and shall comply with the City’s parking standards.
      3.   ADUs shall only be allowed on a lot containing 6,000 or more square feet.
      4.   An ADU shall not be allowed in a mobile home.
      5.   Only one (1) ADU is permitted per lot.
      6.   ADUs shall not be used as short-term rentals. Any rentals shall be made for 30 days or more.
      7.   ADUs shall be designed in a manner that does not change the appearance of the primary dwelling as a single-family dwelling.
      8.   Installation of a separate utility meter to service an ADU is prohibited.
      9.   Establishing a separate mailing address for an ADU is prohibited.
      10.   ADUs shall comply with all applicable building, health, and fire codes.
      11.   A building permit is required for the installation of any of the features listed below and any other construction related to the ADU. All construction must meet current building codes and shall, at a minimum, comply with the following standards prior to receiving a business license:
         a.   Contain separate living facilities from the primary dwelling unit, including permanent provisions for living, sleeping, eating, cooking and bathing. (IRC 202)
         b.   Provide ingress and egress to the ADU through a minimum 32-inch wide side-hinged door without requiring travel through a garage. (IRC 311)
         c.   Provide wall and floor/ceiling fire separation between the ADU and the primary dwelling unit with at least half-inch gypsum or equivalent. (IRC 302.3)
         d.   ADU occupants shall have access to the plumbing, HVAC, and electrical controls for the ADU. (IRC 1305.1 & 2005.2.1)
         e.   Provide a written statement from a licensed HVAC professional stating the HVAC system is sufficient for the ADU and the primary dwelling unit. (IRC 1103.8 and 1105.4)
         f.   Provide separation of electrical systems. The branch circuits supplying the ADU must be accessible to its occupants. (IRC 3705.8)
         g.   Provide sleeping rooms with emergency openings. (IRC 310.1)
         h.   Provide interconnected smoke and carbon monoxide detectors. (IRC 314.2.2 & 315.2.2)
      12.   Prior to occupancy of an ADU, a business license must be obtained in accordance with Title 5: Business Licenses and Regulations, of the Taylorsville Code of Ordinances and this LDC. An active business license shall be maintained for as long as the ADU exists. Upon sale of the property, the new owner shall be required to secure reauthorization of the ADU by receiving a new business license.
      13.   Application for an ADU shall include evidence of owner occupancy by submitting any two of the following:
         a.   Bank statement (dated within 60 days);
         b.   Court documents;
         c.   Current mortgage or rental contract;
         d.   Major credit card bill (dated within 60 days);
         e.   Property tax notice (statement or receipt dated within one year);
         f.   School transcript (dated within 90 days);
         g.   Utility bill (billing date within 60 days) (cell phone bills will not be accepted); or
         h.   Valid Utah vehicle registration or title.
      14.   The city may record a notice with Salt Lake County to alert the future owner of the regulations for the ADU. The city shall, upon recording the notice, deliver a copy of the notice to the owner of the internal accessory dwelling unit. The notice shall include the following:
         a.   A description of the primary dwelling;
         b.   A statement that the primary dwelling contains an internal accessory dwelling unit; and
         c.   A statement that the internal accessory dwelling unit may only be used in accordance with Taylorsville’s adopted land use regulations.
   C.   Guesthouses:
      1.   A guesthouse requires approval of an administrative conditional use permit in accordance with Chapter 13.33 of the Taylorsville Land Development Code.
      2.   A guesthouse shall only be allowed as an accessory use to a detached single-family dwelling on a lot containing 15,000 or more square feet.
      3.   Only one (1) guesthouse is permitted per lot.
      4.   A guesthouse shall be designed and constructed as to be compatible with the architectural components of the primary dwelling unit, e.g., exterior materials, color, and roof pitch.
      5.   Installation of a separate utility meter to service a guesthouse is prohibited.
      6.   Establishing a separate mailing address for a guesthouse is prohibited.
      7.   The design and size of the accessory structure shall conform to all applicable Building, Fire, and Health Codes. The applicant shall obtain all necessary building permits prior to construction of the guesthouse.
      8.   A minimum of one (1) off-street vehicle parking space is required for a guesthouse. This space shall be in addition to those required for the primary dwelling and shall comply with the City’s parking standards.
      9.   A guesthouse shall be at least ten feet (10') from the side and rear property lines and six feet (6') from the primary dwelling unit. If a guesthouse is attached to an existing accessory structure, the living space of the guesthouse shall be at least ten feet (10') from the property line.
      10.   A guesthouse may be located within the rear yard or side yard, provided that it is located behind the front plane of the primary dwelling (see figure 1 of this section). If the guesthouse is located within the side yard, the side yard setback shall be the same as the minimum setback for the primary dwelling in the zoning district in which it is located.
   FIGURE 1
   SETBACKS AND NO BUILD AREAS
   (LOCATION)
      11.   The area of the guesthouse may not exceed 75 percent (75%) of the footprint area of the primary dwelling and have no more than one bedroom. This square footage will be considered part of the allowable square footage for the respective zoning district for accessory structures.
      12.   A guesthouse shall be limited to a single story. Basements shall not be allowed within a guesthouse.
      13.   A guesthouse may contain a full kitchen.
      14.   A site plan and architectural elevations shall be submitted to the Community Development Department to determine compliance with the requirements herein prior to approval of an administrative conditional use. The site plan shall be drawn to scale, clearly showing the location of all existing and proposed structures, walls, parking, driveways, and walkways.
      15.   Existing accessory structures may be converted to a guesthouse provided that the proposed guesthouse complies with all development code standards and the adopted building codes. The number of required off street parking stalls shall not be eliminated with the conversion of an accessory garage.
      16.   Applicants for guesthouses shall provide an affidavit, sworn before a notary public, stating that the owner of the property (titleholder) lives in the primary dwelling unit as their permanent residence and that the guesthouse may only be used for guests and shall not be rented. Upon approval of the administrative conditional use permit, the affidavit shall be recorded with Salt Lake County against the property to alert the future owner of the regulations for the guesthouse. Upon sale of the property, the new owner shall be required to sign and record a new affidavit and secure reauthorization of the ADU by receiving a new administrative conditional use permit. (Ord. 14-06, 4-16-2014; amd. Ord. 21-13, 9-15-2021)