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Accessory Dwelling Unit Affidavit I, am the rightful owner of the property involved in this Accessory Dwelling Unit (ADU) application, located at I will occupy the property as my primary residence and will ensure that the ADU will; NOT be occupied by more than two adults and any number of children, only be used as a long-term rental unit (30 consecutive days or longer) and, be maintained in compliance with all applicable building, health, and fire codes, along with all other regulations of an Accessory Dwelling Unit, in accordance with Millcreek City Ordinances and State Statues. signature of property owner signature of property owner Dated this day of State of Utah ) )ss County of Salt Lake ) On the day of personally appeared before me the signer(s) of the above instrument, who duly subscribed and swore before me that they executed the same. NOTARY PUBLIC Residing in Salt Lake County, Utah Commission Expires ---PAGE BREAK--- Chapter 19.89 ACCESSORY DWELLING UNITS 19.89.010 Purpose 19.89.020 Interpretation 19.89.030 Applicability 19.89.040 Permitted And Conditional Uses And Limitations 19.89.050 Request For Compliance Determination 19.89.060 Development Standards Generally 19.89.061 Development Standards For Internal Accessory Dwelling Units 19.89.062 Development Standards For Attached Accessory Dwelling Units 19.89.063 Development Standards For Detached Accessory Dwelling Units 19.89.070 Termination 19.89.080 Addressing 19.89.090 Enforcement And Noticing 19.89.100 Existing Buildings 19.89.010 Purpose 1. Accessory Dwelling Units (ADUs) in single-family residential zones are an important tool in the overall housing goals and needs of City and allow for alternative and flexible housing options in owner-occupied single-family residences. The purposes of the ADU standards of this code are to: 1. Create new housing units while respecting the appearance, neighborhood character, and scale of single-family residential development. 2. Provide more housing choices in residential zones. 3. Allow more efficient use of existing housing and large underutilized yards. 4. Provide housing options for family caregivers, adult children, aging parents, and families seeking smaller households. 5. Offer a means for residents, particularly seniors, single parents, and families with grown children, to remain in their homes and neighborhoods, and obtain extra income, security, companionship, and services. 6. Broaden the range of affordable housing options throughout the city. HISTORY Adopted by Ord. 21-39 on 9/27/2021 ---PAGE BREAK--- 19.89.020 Interpretation It is the intent of the City that the adoption of this ordinance shall not be understood as increasing the density of the underlying zone designation. An ADU shall always be accessory to the principal dwelling. HISTORY Adopted by Ord. 21-39 on 9/27/2021 19.89.030 Applicability 1. Lots are eligible for an accessory dwelling unit if: 1. The property is owner occupied as defined in MKZ 19.04.399. 2. The use of the lot at the time of application and at any time thereafter is single- family residential. 3. The lot is in an R-1 or A-1 zone. HISTORY Adopted by Ord. 21-39 on 9/27/2021 19.89.040 Permitted And Conditional Uses And Limitations Internal ADUs are a permitted use as set forth in Utah Code Ann. Section 10-9a-530 with additional requirements set forth in MKZ 19.89.061. Permitted uses in the R-1 & A-1 zones are listed in TABLE 19.89-1 below: TABLE 19.89-1 Zone Use Permitted or Conditional Use Use Limitations or Specific Standards R-1 Attached ADU Permitted See 19.89.060 for Design Standards A-1 Attached ADU Permitted See 19.89.060 for Design Standards R-1 Detached ADU Permitted See 19.89.060 for Design Standards A-1 Detached ADU Permitted See 19.89.060 for Design Standards HISTORY Adopted by Ord. 21-39 on 9/27/2021 19.89.050 Request For Compliance Determination 1. A property owner may request a review to determine the compliance of an accessory dwelling unit. This request shall be conducted through the following application process: ---PAGE BREAK--- 1. Application shall be submitted to the City Planning and Zoning Department and must include, at a minimum, the following: 1. Documentation that demonstrates the property is owner occupied. 2. A to-scale site plan, floor plans of all buildings on the lot. Such plans may be conceptual but shall provide reasonable accuracy and specifications to allow for full understanding. 3. Fee. The initial application fee for any ADU shall be paid. The payment of a partial application fee, or the submittal of plans for a pre-submittal review shall not constitute a complete application. Fees shall be as set forth in the consolidated fee schedule. 4. Only applications deemed complete by the City Staff shall be processed. Complete applications include appropriate application forms and signatures and documents as required in MKZ 19.89.050 and 2. The application review shall, at a minimum, consist of the following: 1. The director or the director's designee shall administer an application review procedure in which the proposed use and the proposed site development plan are evaluated for compliance with all applicable ordinances and codes. 2. Referral of the application to all affected entities. 3. Staff reviewing the application may involve other City Departments for additional considerations or conditions to adequately meet all applicable standards. 3. The director, director's designee or staff shall present in writing a determination of the outcome of the review. 4. If the director, director's designee or staff determines that an accessory dwelling unit complies with the prevision of this chapter then a notice of compliance shall be recorded on the property at the Salt Lake County Recorder’s Office. 1. Notices that demonstrate compliance with City’s land use regulations and state statute shall include, at a minimum, the following: 1. a description of the primary dwelling; 2. a statement that the primary dwelling or lot contains an ADU; 3. a statement that the ADU may only be used in accordance with City’s land use regulations. 2. A compliance determination may be appealed under MKZ 19.05A.060. ---PAGE BREAK--- HISTORY Adopted by Ord. 21-39 on 9/27/2021 19.89.060 Development Standards Generally 1. An accessory dwelling unit shall not be sold separately or subdivided from the principal dwelling unit or lot. 2. Only one internal ADU within a primary dwelling is allowed and only one ADU, attached or detached, is allowed per lot. 3. The design and size of the ADU shall conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health, and any other applicable codes. When a new ADU is proposed in an existing single-family dwelling, the entire ADU shall be compliant to all applicable standards. 4. The installation of separate utility meters is prohibited. 5. An ADU shall comply with the regulations of the underlying zone for accessory buildings, except the area requirements for accessory buildings of MKZ 19.14.070 Where the provisions in this chapter are inconsistent with provisions found in any other chapters of City ordinances, the most restrictive provisions shall apply. 6. Design Standards. The ADU, attached or detached, shall incorporate at least one of the exterior materials used in the principal dwelling for twenty percent (20%) of all facades of the structure. The ADU must have a pitched roof unless the principal dwelling has a flat roof, in which case an ADU may have a flat roof or a pitched roof. The ADU shall maintain the same color of the primary dwelling for at least fifty percent (50%) of all facades. 7. Attached and Detached ADUs are prohibited on flag lots. An internal ADU may be located on a flag lot. 8. Parking for any ADU is prohibited on a public or private street. 9. ADUs may not be built within a recorded easement. 10. For additional requirements for internal ADUs see MKZ 19.89.061. 11. For additional requirements for attached ADUs see MKZ 19.89.062. 12. For additional requirements for detached ADUs see MKZ 19.98.063. HISTORY Adopted by Ord. 21-39 on 9/27/2021 19.89.061 Development Standards For Internal Accessory Dwelling Units 1. Internal ADUs are regulated under Utah Code Ann. 10-9a-530 and additionally shall; 1. Be prohibited on lots less than 6,000 square feet; 2. Have one off-street parking stall for the Internal ADU; ---PAGE BREAK--- 3. Not change the appearance of the primary dwelling as a single-family dwelling; 4. Be prohibited from having separate utility meters from the primary dwelling; and 5. Be prohibited in a mobile home or manufactured home. EFFECTIVE OCTOBER 15, 2021 HISTORY Adopted by Ord. 21-39 on 9/27/2021 19.89.062 Development Standards For Attached Accessory Dwelling Units EFFECTIVE NOVEMBER 15, 2021 Table 19.89 -2 Specific Use Limitations or Specific Standards Minimum Lot Area 6,000 SF Maximum Area of ADU None The square footage of an attached garage shall not be included in the gross square footage unless the accessory dwelling unit is in a basement that includes habitable space below the garage. Lot Coverage Total Determined by the underlying zone designation See MKZ 19.71.040 Table 1 Entrance for ADU Shall not be visible from the public right of way Off-Street Parking 1 stall per Bedroom of an Attached ADU and minimum parking requirement has been met for principal dwelling. Additional parking stalls or driveways created to accommodate an ADU are subject to standards of Title 14. Occupancy Limit in ADU 2 adults and any number of children HISTORY Adopted by Ord. 21-39 on 9/27/2021 ---PAGE BREAK--- 19.89.063 Development Standards For Detached Accessory Dwelling Units EFFECTIVE NOVEMBER 15, 2021 Table 19.89-3 1. A detached ADU shall be a permanent structure. Trailers, mobile homes, and other portable structures especially structures with wheels shall not be permitted as a detached ADU. 2. A detached ADU is not eligible for The Residential Compatibility Overlay Zone Option B Deviations from General Standards Based on Neighborhood Compatibility found in MKZ 19.71.040 or the Option C Special Exception found in MKZ 19.71.050. 3. A detached ADU shall not be used as a short-term rental. 4. Exterior lighting shall provide illumination directed downward. Light source shall not be visible from adjacent properties. 5. Windows on a façade within 15 feet of an adjacent property shall be translucent or not visible from an adjacent property or installed as a skylight. 6. Parking shall be in a garage or 8 feet from an adjacent property or not visible from an adjacent property unless utilizing a driveway in the front yard. 7. Entrances, parking, and stairways within 15 feet of an adjacent property shall not be visible from the adjacent property. This may be done with a fence along the side and rear property lines, landscaping that is dense enough to obscure activity or placing the entrances and stairs out of view of adjacent properties. 8. Detached ADUs shall not be built on slopes of 30% or greater. 9. Balconies on the second story of an ADU are prohibited. 10. Exterior stairways and landing shall not encroach into a setback. 11. A lot in an R-1-21 or R-1-43 zone that has a guesthouse is not eligible for a detached ADU unless the guesthouse is converted to an ADU. Specific Use Limitations of Specific Standards Minimum Lot Area 8,000 SF Location Rear Yard See MKZ 19.04.570 for definition Maximum Area of ADU The total area of an ADU shall not exceed fifty percent (50%) of the square footage of the habitable area of the building footprint of ---PAGE BREAK--- primary residence and in no case exceed eight hundred fifty (850) square feet. Lot Coverage Total Determined by the underlying zone designation See 19.71.040 Table 1 Lot Coverage for Rear Yard 25% Setbacks from Side and Rear Yards 5 Feet Heights greater than 14 feet require increased setbacks, see MKZ 19.14.070 Setback from Main Building 6 Feet Minimum See additional standards under 19.14.070 location and setback requirements. Maximum Height 24 Feet and must follow all requirements in MKZ 19.14.070 Must also follow setback and height requirements of MKZ 19.14.070 and See additional standards under MKZ 19.14.070 Off-Street Parking 1 per Bedroom of ADU and minimum parking standard has been met for principal dwelling. Additional parking stalls or driveways created to accommodate an ADU are subject to standards of Title 14. Occupancy Limit in ADU 2 adults and any number of children 19.89.070 Termination If a property owner is found to be in violation of this title the City may revoke the use of an ADU on the property. HISTORY Adopted by Ord. 21-39 on 9/27/2021 19.89.080 Addressing The property owner may request to have an ADU be given a separate address from the primary dwelling. A property owner requesting an additional address shall submit for a site plan review to the City Planning and Zoning Department and pay any associated fees. ---PAGE BREAK--- HISTORY Adopted by Ord. 21-39 on 9/27/2021 19.89.090 Enforcement And Noticing 1. In addition to any other legal or equitable remedies available to a municipality, City may hold a lien against a property that contains an internal accessory dwelling unit if: 1. The owner of the property violates any provisions of this Title, and any other applicable section of the code; 2. City provides a written notice of violation in accordance with section B; 3. The owner of the property fails to cure the violation within the time period prescribed in the written notice; 4. City provides a written notice of lien in accordance with section C; 5. City records a copy of the written notice of lien with the County Recorder. 2. The written notice of violation shall: 1. Describe the specific violation; 2. Provide the owner of the ADU a reasonable opportunity to cure the violation that is: 1. No less than 14 days after the day on which City sends the written notice of violation, if the violation results from the owner renting or offering to rent the ADU as a short-term rental; or 2. No less than 30 days after the day on which the municipality sends the written notice of violation, for any other violation. 3. State that if the owner of the property fails to cure the violation within the time period described above, the municipality may hold a lien against the property in an amount of up to $100 for each day of violation after the day on which the opportunity to cure the violation expires; 4. Notify the owner of the property: 1. That the owner of the property may file an appeal of the notice of violation within ten (10) business days after the day on which the written notice of violation is postmarked or posted on the property; and 2. Of the name and address of the City office where the owner of the property may file the written objection; 5. Be mailed to: 1. The property’s owner of record; and ---PAGE BREAK--- 2. Any other individual designated to receive notice in the owner’s license or permit records; and 6. Be posted on the property. 3. The written notice of lien shall: 1. Comply with Utah Code Ann. Section 38-12-102; 2. State that the property is subject to a lien; 3. Specify the lien amount, in an amount of up to $100 for each day of violation after the day on which the opportunity to cure the violation expires; 4. Be mailed to: 1. The property’s owner of record; and 2. Any other individual designated to receive notice in the owner’s license or permit records; and 5. Be posted on the property. 4. Appeals. A property owner that receives a written notice of violation or a written notice of lien may file an appeal in accordance with MKZ 19.92.040. 1. If the owner of property files a written objection to a notice of violation, City may not record a lien until a hearing is held to determine that the specific violation occurred. 2. If City determines at the hearing that the specific violation has occurred, City may impose a lien in an amount of up to $100 for each day of violation after the day on which the opportunity to cure the violation expires, regardless of whether the hearing is held after the day on which the opportunity to cure the violation has expired. 3. If the owner of property cures a violation within the time period prescribed in the written notice of violation, City may not hold a lien against the property, or impose any penalty or fee on the owner, in relation to the specific violation described in the written notice of violation. 5. Upon issuing a permit or business license for an ADU, City may record a notice in the office of the Salt Lake County Recorder. Upon recording a notice, City shall deliver a copy of the notice to the property owner via First Class Mail. The notice shall include: 1. A description of the primary dwelling; 2. A statement that the primary dwelling contains an ADU; and 3. A statement that the ADU may only be used in accordance with City ordinances. ---PAGE BREAK--- HISTORY Adopted by Ord. 21-39 on 9/27/2021 19.89.100 Existing Buildings 1. Existing buildings in City that are intended to be used as an ADU and cannot meet with the standards set forth in this chapter must file an application to have a structure declared a noncomplying structure under MKZ 19.88.150 and then follow the application process set forth below to have the use allowed through special exception. 2. The property owner shall have the burden of establishing that the building was legally created. The director or director's designee shall review application in the following procedure: 1. Owner or applicant seeking determination shall file an application with the City and pay all applicable fees, including any additional fees incurred resulting from staff providing research. 2. Application shall include evidence that clearly establishes the existing building lawfully existed at the time it was created. 3. Acceptable evidence may include: 1. Historical zoning maps clearly identifying the use and structure existed. 2. Historical zoning code supporting historical zoning maps. 3. Previously issued building permits. 4. Previously issued conditional use permits. 5. Documentation supporting a variance was granted or issued for the use or structure. 6. Aerial imagery that clearly establishes use or structure existed. 7. Court Orders or Judgements. 8. Affidavits from previous property owners attesting to the use/structure. 9. Evidence of utility connections. 10. A building inspection that certifies that the building or structure was compliant with the codes in effect of the time it was built. 4. The city shall accept application and evidence provided and make its findings and determination within fourteen business days. The City shall notify the applicant in writing stating the determination. 5. A lot that has an existing guest house does not qualify for an additional detached ADU. By definition, a guest house may not be rented out or leased. If a property ---PAGE BREAK--- owner wants to convert a guest house to a detached ADU the property owner must follow all applicable processes and design requirements for detached ADUs. 3. Attached Accessory Dwelling Unit Conversions 1. A portion of a building attached to the primary dwelling that is noncomplying and was legally established as determined under MKZ 19.89.100 may be converted or expanded for the purpose of converting or enlarged for the purpose of converting, into an ADU upon permit authorized by the Land Use Hearing Office provided that the Land Use Hearing Officer shall find that: 1. The primary dwelling, or portion thereof, is no less than 3 feet from the side and rear property lines; 2. The attached ADU does not have a light source projecting onto the neighboring property; 3. The attached ADU does not have any balconies, porches, or windows facing adjacent property owners, unless facing a RM or C zoned property; 4. The attached ADU does not protrude higher than the measured height of the existing nonconforming structure being expanded as measured from original ground surface. 5. The attached ADU can accommodate all required parking on the lot, and does not violate the required off-street parking standards, including parking requirements of this title. 4. Detached Accessory Dwelling Unit Conversions 1. A detached building that complies with all applicable height, building envelope, setback, and lot coverage requirements may be converted, or expanded for the purpose of converting, or enlarged for the purpose of converting, to an accessory dwelling unit, provided the existing setbacks of the detached building are not further reduced and the structure complies with or can be altered to comply with the applicable sections of the adopted building and fire codes of the city. 2. A detached building, that is noncomplying and was legally established as determined under 19.89.100 may be converted, or expanded for the purpose of converting, or enlarged for the purpose of converting, to an accessory dwelling unit upon permit authorized by the Land Use Hearing Office provided that the Land Use Hearing Officer shall find: 1. The side or rear setbacks of the detached building are not further reduced to accommodate the ADU; 2. The detached building does not have a light source projecting onto an adjacent property; ---PAGE BREAK--- 3. The detached building does not have any balconies, porches, or windows facing an adjacent property, unless facing a RM or C zoned property; 4. For properties with rear yards that are located next to an RM or C Zone, the detached building does not exceed 24 feet in height; 5. For all other properties, the detached building does not protrude higher than the measured height of the existing noncomplying structure being expanded as measured from original ground surface. 6. Does not create any new visual impacts that cannot be otherwise mitigated by a fence or wall. 7. The detached ADU can accommodate all required parking on the lot, and does not violate or diminish the required off-street parking standards, including parking requirements of this title; 8. Does not violate applicable standards and regulations outlined in Chapter 19.71 Residential Compatibility Overlay Zone for accessory structures and principal structures; provided that such increase or expansion of structure does not further increase where the graduated height envelope intersects the existing structure; 9. Structure or proposed expansion of the structure is not within any recorded easement; 10. Does not result in runoff or drainage from the accessory building onto an adjacent property; and 11. Meets the applicable sections of the adopted building and fire codes of the city. 5. Conditions and Limitations for Land Use Hearing Officer Permits for ADU Conversions. The Land Use Hearing Officer may impose conditions and limitations upon issuance of a permit for an addition to, enlargement of, moving of, or reconstruction of a structure as necessary to prevent or mitigate adverse effects on other properties located in the neighborhood of the subject property, consistent with the standards of this Title. HISTORY Adopted by Ord. 21-39 on 9/27/2021