Ordinance for Accessory Dwelling Unit (ADU) |
Eastern Summit County Development Code (Title 11)
11-6-5: ACCESSORY DWELLING UNIT, INTERNAL ACCESSORY DWELLING UNIT, AND LIVE/WORK DWELLING UNIT:
A. Accessory Dwelling Unit (ADU): Accessory Dwelling Unit are incidental to and on the same Lot as a One-Family Dwelling Unit.
1. Location: Accessory Dwelling Unit may be established:
a. within the footprint of a One-Family Dwelling Unit;
b. attached to a One-Family Dwelling Unit;
c. within or attached to a larger Accessory Structure (such as a barn or garage);
d. on the same Lot as a One-Family Dwelling Unit; or
e. built as a standalone structure on the same Lot as a One-Family Dwelling Unit.
2. General Standards: All Accessory Dwelling Unit shall conform to the following standards:
a. Size: Accessory Dwelling Unit shall be limited to a maximum Floor Area of one thousand (1,000) square feet, notwithstanding the definition of Floor Area as defined in Appendix A of this Title, 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 Unit 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: Accessory Dwelling Unit shall not be established within Condominiums or Condominium unit.
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 Unit. Rental terms for the Accessory Dwelling Unit shall be no less than thirty (30) days.
f. Parking: In addition to the requirement for the 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.
B. Internal Accessory Dwelling Unit: As an alternative to the standards in Section 11-6-5(A), the following standards apply. Internal Accessory Dwelling Unit are an incidental residential use within the Building Footprint of a Single-Family Detached Dwelling Unit.
1. Applicability: Internal Accessory Dwelling Unit 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 Section 11-6-5(A) of this Title shall apply.
2. Standards: Internal Accessory Dwelling unit must comply with the following standards:
a. Accessory Dwelling Unit 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.
i. 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.
C. Live/Work Dwelling Unit: Live/Work Dwelling Unit 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 Appendix A, Definitions 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 Chart of Allowed and Permitted Uses in Section 11-3-16 of this Title, Live/Work Dwelling Unit shall be identified on the Plat or Condominium Plat.
2. Standards: Live/Work Dwelling Unit 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 limiting the Uses allowed in the project due to potential impacts (dust, glare, heat, noise, noxious gases, etc.).
c. Size: The Floor Area of a Live/Work Dwelling Unit may not exceed three thousand (3,000) square feet total.
d. Floor Area: 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: 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 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 Unit. Rental terms for the residential portion of the Live/Work Dwelling Unit shall be no less than thirty (30) days.
(Ord. 708, 12-10-2008; amd. Ord. 969, 11-8-2023)
Utah Code
Effective 5/3/2023
17-27a-526. Internal accessory dwelling unit (ADU).
(1) As used in this section:
(a) "Internal accessory dwelling unit" means an accessory dwelling unit created:
(i) within a primary dwelling;
(ii) within the footprint of the primary dwelling described in Subsection (1)(a)(i) at the time the internal accessory dwelling unit is created; and
(iii) for the purpose of offering a long-term rental of 30 consecutive days or longer.
(b) (i) "Primary dwelling" means a single-family dwelling that:
(A) is detached; and
(B) is occupied as the primary residence of the owner of record.
(ii) "Primary dwelling" includes a garage if the garage:
(A) is a habitable space; and
(B) is connected to the primary dwelling by a common wall.
(2) In any area zoned primarily for residential use:
(a) the use of an internal accessory dwelling unit is a permitted use;
(b) except as provided in Subsections (3) and (4), a county may not establish any restrictions or requirements for the construction or use of one internal accessory dwelling unit within a primary dwelling, including a restriction or requirement governing:
(i) the size of the internal accessory dwelling unit in relation to the primary dwelling;
(ii) total lot size;
(iii) street frontage; or
(iv) internal connectivity; and
(c) a county's regulation of architectural elements for internal accessory dwelling unit shall be consistent with the regulation of single-family unit, including single-family unit located in historic districts.
(3) An internal accessory dwelling unit shall comply with all applicable building, health, and fire codes.
(4) A county may:
(a) prohibit the installation of a separate utility meter for an internal accessory dwelling unit;
(b) require that an internal accessory dwelling unit be designed in a manner that does not change the appearance of the primary dwelling as a single-family dwelling;
(c) require a primary dwelling:
(i) regardless of whether the primary dwelling is existing or new construction, to include one additional on-site parking space for an internal accessory dwelling unit, in addition to the parking spaces required under the county's land use ordinance, except that if the county's land use ordinance requires four off-street parking spaces, the county may not require the additional space contemplated under this Subsection (4)(c)(i); and
(ii) to replace any parking spaces contained within a garage or carport if an internal accessory dwelling unit is created within the garage or carport and is habitable space;
(d) prohibit the creation of an internal accessory dwelling unit within a mobile home as defined in Section 57-16-3;
(e) require the owner of a primary dwelling to obtain a permit or license for renting an internal accessory dwelling unit;
(f) prohibit the creation of an internal accessory dwelling unit within a zoning district covering an area that is equivalent to 25% or less of the total unincorporated area in the county that is zoned primarily for residential use, except that the county may not prohibit newly constructed internal accessory dwelling unit that:
(i) have a final plat approval dated on or after October 1, 2021; and
(ii) comply with applicable land use regulations;
(g) prohibit the creation of an internal accessory dwelling unit if the primary dwelling is served by a failing septic tank;
(h) prohibit the creation of an internal accessory dwelling unit if the lot containing the primary dwelling is 6,000 square feet (.1377 ac) or less in size;
(i) prohibit the rental or offering the rental of an internal accessory dwelling unit for a period of less than 30 consecutive days;
(j) prohibit the rental of an internal accessory dwelling unit if the internal accessory dwelling unit is located in a dwelling that is not occupied as the owner's primary residence;
(k) hold a lien against a property that contains an internal accessory dwelling unit in accordance with Subsection (5); and
(l) record a notice for an internal accessory dwelling unit in accordance with Subsection (6).
(5) (a) In addition to any other legal or equitable remedies available to a county, a county may hold a lien against a property that contains an internal accessory dwelling unit if:
(i) the owner of the property violates any of the provisions of this section or any ordinance adopted under Subsection (4);
(ii) the county provides a written notice of violation in accordance with Subsection (5)(b);
(iii) the county holds a hearing and determines that the violation has occurred in accordance with Subsection (5)(d), if the owner files a written objection in accordance with Subsection (5)(b)(iv);
(iv) the owner fails to cure the violation within the time period prescribed in the written notice of violation under Subsection (5)(b);
(v) the county provides a written notice of lien in accordance with Subsection (5)(c); and
(vi) the county records a copy of the written notice of lien described in Subsection (5)(a)(v) with the county recorder of the county in which the property is located.
(b) The written notice of violation shall:
(i) describe the specific violation;
(ii) provide the owner of the internal accessory dwelling unit a reasonable opportunity to cure the violation that is:
(A) no less than 14 days after the day on which the county sends the written notice of violation, if the violation results from the owner renting or offering to rent the internal accessory dwelling unit for a period of less than 30 consecutive days; or
(B) no less than 30 days after the day on which the county sends the written notice of violation, for any other violation;
(iii) state that if the owner of the property fails to cure the violation within the time period described in Subsection (5)(b)(ii), the county 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;
(iv) notify the owner of the property:
(A) that the owner may file a written objection to the violation within 14 days after the day on which the written notice of violation is post-marked or posted on the property; and
(B) of the name and address of the county office where the owner may file the written objection;
(v) be mailed to:
(A) the property's owner of record; and
(B) any other individual designated to receive notice in the owner's license or permit records; and
(vi) be posted on the property.
(c) The written notice of lien shall:
(i) comply with the requirements of Section 38-12-102;
(ii) describe the specific violation;
(iii) 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;
(iv) be mailed to:
(A) the property's owner of record; and
(B) any other individual designated to receive notice in the owner's license or permit records; and
(v) be posted on the property.
(d) (i) If an owner of property files a written objection in accordance with Subsection (5)(b)(iv), the county shall:
(A) hold a hearing in accordance with Title 52, Chapter 4, Open and Public Meetings Act, to conduct a review and determine whether the specific violation described in the written notice of violation under Subsection (5)(b) has occurred; and
(B) notify the owner in writing of the date, time, and location of the hearing described in Subsection (5)(d)(i)(A) no less than 14 days before the day on which the hearing is held.
(ii) If an owner of property files a written objection under Subsection (5)(b)(iv), a county may not record a lien under this Subsection (5) until the county holds a hearing and determines that the specific violation has occurred.
(iii) If the county determines at the hearing that the specific violation has occurred, the county 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.
(e) If an owner cures a violation within the time period prescribed in the written notice of violation under Subsection (5)(b), the county 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 under Subsection (5)(b).
(6) (a) A county that issues, on or after October 1, 2021, a permit or license to an owner of a primary dwelling to rent an internal accessory dwelling unit, or a building permit to an owner of a primary dwelling to create an internal accessory dwelling unit, may record a notice in the office of the recorder of the county in which the primary dwelling is located.
(b) The notice described in Subsection (6)(a) shall include:
(i) a description of the primary dwelling;
(ii) a statement that the primary dwelling contains an internal accessory dwelling unit; and
(iii) a statement that the internal accessory dwelling unit may only be used in accordance with the county's land use regulations.
(c) The county shall, upon recording the notice described in Subsection (6)(a), deliver a copy of the notice to the owner of the internal accessory dwelling unit.
11-6-5: ACCESSORY DWELLING UNIT, INTERNAL ACCESSORY DWELLING UNIT, AND LIVE/WORK DWELLING UNIT:
A. Accessory Dwelling Unit (ADU): Accessory Dwelling Unit are incidental to and on the same Lot as a One-Family Dwelling Unit.
1. Location: Accessory Dwelling Unit may be established:
a. within the footprint of a One-Family Dwelling Unit;
b. attached to a One-Family Dwelling Unit;
c. within or attached to a larger Accessory Structure (such as a barn or garage);
d. on the same Lot as a One-Family Dwelling Unit; or
e. built as a standalone structure on the same Lot as a One-Family Dwelling Unit.
2. General Standards: All Accessory Dwelling Unit shall conform to the following standards:
a. Size: Accessory Dwelling Unit shall be limited to a maximum Floor Area of one thousand (1,000) square feet, notwithstanding the definition of Floor Area as defined in Appendix A of this Title, 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 Unit 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: Accessory Dwelling Unit shall not be established within Condominiums or Condominium unit.
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 Unit. Rental terms for the Accessory Dwelling Unit shall be no less than thirty (30) days.
f. Parking: In addition to the requirement for the 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.
B. Internal Accessory Dwelling Unit: As an alternative to the standards in Section 11-6-5(A), the following standards apply. Internal Accessory Dwelling Unit are an incidental residential use within the Building Footprint of a Single-Family Detached Dwelling Unit.
1. Applicability: Internal Accessory Dwelling Unit 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 Section 11-6-5(A) of this Title shall apply.
2. Standards: Internal Accessory Dwelling unit must comply with the following standards:
a. Accessory Dwelling Unit 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.
i. 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.
C. Live/Work Dwelling Unit: Live/Work Dwelling Unit 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 Appendix A, Definitions 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 Chart of Allowed and Permitted Uses in Section 11-3-16 of this Title, Live/Work Dwelling Unit shall be identified on the Plat or Condominium Plat.
2. Standards: Live/Work Dwelling Unit 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 limiting the Uses allowed in the project due to potential impacts (dust, glare, heat, noise, noxious gases, etc.).
c. Size: The Floor Area of a Live/Work Dwelling Unit may not exceed three thousand (3,000) square feet total.
d. Floor Area: 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: 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 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 Unit. Rental terms for the residential portion of the Live/Work Dwelling Unit shall be no less than thirty (30) days.
(Ord. 708, 12-10-2008; amd. Ord. 969, 11-8-2023)
Utah Code
Effective 5/3/2023
17-27a-526. Internal accessory dwelling unit (ADU).
(1) As used in this section:
(a) "Internal accessory dwelling unit" means an accessory dwelling unit created:
(i) within a primary dwelling;
(ii) within the footprint of the primary dwelling described in Subsection (1)(a)(i) at the time the internal accessory dwelling unit is created; and
(iii) for the purpose of offering a long-term rental of 30 consecutive days or longer.
(b) (i) "Primary dwelling" means a single-family dwelling that:
(A) is detached; and
(B) is occupied as the primary residence of the owner of record.
(ii) "Primary dwelling" includes a garage if the garage:
(A) is a habitable space; and
(B) is connected to the primary dwelling by a common wall.
(2) In any area zoned primarily for residential use:
(a) the use of an internal accessory dwelling unit is a permitted use;
(b) except as provided in Subsections (3) and (4), a county may not establish any restrictions or requirements for the construction or use of one internal accessory dwelling unit within a primary dwelling, including a restriction or requirement governing:
(i) the size of the internal accessory dwelling unit in relation to the primary dwelling;
(ii) total lot size;
(iii) street frontage; or
(iv) internal connectivity; and
(c) a county's regulation of architectural elements for internal accessory dwelling unit shall be consistent with the regulation of single-family unit, including single-family unit located in historic districts.
(3) An internal accessory dwelling unit shall comply with all applicable building, health, and fire codes.
(4) A county may:
(a) prohibit the installation of a separate utility meter for an internal accessory dwelling unit;
(b) require that an internal accessory dwelling unit be designed in a manner that does not change the appearance of the primary dwelling as a single-family dwelling;
(c) require a primary dwelling:
(i) regardless of whether the primary dwelling is existing or new construction, to include one additional on-site parking space for an internal accessory dwelling unit, in addition to the parking spaces required under the county's land use ordinance, except that if the county's land use ordinance requires four off-street parking spaces, the county may not require the additional space contemplated under this Subsection (4)(c)(i); and
(ii) to replace any parking spaces contained within a garage or carport if an internal accessory dwelling unit is created within the garage or carport and is habitable space;
(d) prohibit the creation of an internal accessory dwelling unit within a mobile home as defined in Section 57-16-3;
(e) require the owner of a primary dwelling to obtain a permit or license for renting an internal accessory dwelling unit;
(f) prohibit the creation of an internal accessory dwelling unit within a zoning district covering an area that is equivalent to 25% or less of the total unincorporated area in the county that is zoned primarily for residential use, except that the county may not prohibit newly constructed internal accessory dwelling unit that:
(i) have a final plat approval dated on or after October 1, 2021; and
(ii) comply with applicable land use regulations;
(g) prohibit the creation of an internal accessory dwelling unit if the primary dwelling is served by a failing septic tank;
(h) prohibit the creation of an internal accessory dwelling unit if the lot containing the primary dwelling is 6,000 square feet (.1377 ac) or less in size;
(i) prohibit the rental or offering the rental of an internal accessory dwelling unit for a period of less than 30 consecutive days;
(j) prohibit the rental of an internal accessory dwelling unit if the internal accessory dwelling unit is located in a dwelling that is not occupied as the owner's primary residence;
(k) hold a lien against a property that contains an internal accessory dwelling unit in accordance with Subsection (5); and
(l) record a notice for an internal accessory dwelling unit in accordance with Subsection (6).
(5) (a) In addition to any other legal or equitable remedies available to a county, a county may hold a lien against a property that contains an internal accessory dwelling unit if:
(i) the owner of the property violates any of the provisions of this section or any ordinance adopted under Subsection (4);
(ii) the county provides a written notice of violation in accordance with Subsection (5)(b);
(iii) the county holds a hearing and determines that the violation has occurred in accordance with Subsection (5)(d), if the owner files a written objection in accordance with Subsection (5)(b)(iv);
(iv) the owner fails to cure the violation within the time period prescribed in the written notice of violation under Subsection (5)(b);
(v) the county provides a written notice of lien in accordance with Subsection (5)(c); and
(vi) the county records a copy of the written notice of lien described in Subsection (5)(a)(v) with the county recorder of the county in which the property is located.
(b) The written notice of violation shall:
(i) describe the specific violation;
(ii) provide the owner of the internal accessory dwelling unit a reasonable opportunity to cure the violation that is:
(A) no less than 14 days after the day on which the county sends the written notice of violation, if the violation results from the owner renting or offering to rent the internal accessory dwelling unit for a period of less than 30 consecutive days; or
(B) no less than 30 days after the day on which the county sends the written notice of violation, for any other violation;
(iii) state that if the owner of the property fails to cure the violation within the time period described in Subsection (5)(b)(ii), the county 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;
(iv) notify the owner of the property:
(A) that the owner may file a written objection to the violation within 14 days after the day on which the written notice of violation is post-marked or posted on the property; and
(B) of the name and address of the county office where the owner may file the written objection;
(v) be mailed to:
(A) the property's owner of record; and
(B) any other individual designated to receive notice in the owner's license or permit records; and
(vi) be posted on the property.
(c) The written notice of lien shall:
(i) comply with the requirements of Section 38-12-102;
(ii) describe the specific violation;
(iii) 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;
(iv) be mailed to:
(A) the property's owner of record; and
(B) any other individual designated to receive notice in the owner's license or permit records; and
(v) be posted on the property.
(d) (i) If an owner of property files a written objection in accordance with Subsection (5)(b)(iv), the county shall:
(A) hold a hearing in accordance with Title 52, Chapter 4, Open and Public Meetings Act, to conduct a review and determine whether the specific violation described in the written notice of violation under Subsection (5)(b) has occurred; and
(B) notify the owner in writing of the date, time, and location of the hearing described in Subsection (5)(d)(i)(A) no less than 14 days before the day on which the hearing is held.
(ii) If an owner of property files a written objection under Subsection (5)(b)(iv), a county may not record a lien under this Subsection (5) until the county holds a hearing and determines that the specific violation has occurred.
(iii) If the county determines at the hearing that the specific violation has occurred, the county 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.
(e) If an owner cures a violation within the time period prescribed in the written notice of violation under Subsection (5)(b), the county 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 under Subsection (5)(b).
(6) (a) A county that issues, on or after October 1, 2021, a permit or license to an owner of a primary dwelling to rent an internal accessory dwelling unit, or a building permit to an owner of a primary dwelling to create an internal accessory dwelling unit, may record a notice in the office of the recorder of the county in which the primary dwelling is located.
(b) The notice described in Subsection (6)(a) shall include:
(i) a description of the primary dwelling;
(ii) a statement that the primary dwelling contains an internal accessory dwelling unit; and
(iii) a statement that the internal accessory dwelling unit may only be used in accordance with the county's land use regulations.
(c) The county shall, upon recording the notice described in Subsection (6)(a), deliver a copy of the notice to the owner of the internal accessory dwelling unit.