17-27a-526. Internal accessory dwelling units.
| (1) |
As used in this section:
Terms Used In Utah Code 17-27a-526- Accessory dwelling unit: means a habitable living unit added to, created within, or detached from a primary single-family dwelling and contained on one lot. See Utah Code 17-27a-103
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Land: includes :Utah Code 68-3-12.5
- Lien: A claim against real or personal property in satisfaction of a debt.
- Lot: means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder. See Utah Code 17-27a-103
- Plat: means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section 17-27a-603 or 57-8-13. See Utah Code 17-27a-103
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Unincorporated: means the area outside of the incorporated area of a municipality. See Utah Code 17-27a-103
- Writing: includes :Utah Code 68-3-12.5
| (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. |
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| (b) |
| (i) |
“Primary dwelling” means a single-family dwelling that:
| (B) |
is occupied as the primary residence of the owner of record. |
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| (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. |
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| (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; |
| (iii) |
street frontage; or |
| (iv) |
internal connectivity; and |
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| (c) |
a county’s regulation of architectural elements for internal accessory dwelling units shall be consistent with the regulation of single-family units, including single-family units located in historic districts. |
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| (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; |
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| (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 units that:
| (i) |
have a final plat approval dated on or after October 1, 2021; and |
| (ii) |
comply with applicable land use regulations; |
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| (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 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). |
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| (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. |
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| (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; |
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| (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. |
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| (d) |
| (i) |
If an owner of property files a written objection in accordance with Subsection (5)(b)(iv), the county shall:
| (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. |
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| (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. |
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| (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). |
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| (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. |
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| (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. |
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Amended by Chapter 501, 2023 General Session
