On the agenda: Centervilleut Planning Commission Meeting — colocation (Aug 12)
Past ⚠ Agenda Watch August, California · Wednesday, August 12, 2026 — 1 month ago
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PLANNING COMMISSION AGENDA
NOTICE IS HEREBY GIVEN THAT THE CENTERVILLE PLANNING COMMISSION WILL HOLD A
REGULAR MEETING AT 7:00 PM ON AUGUST 12, 2026 AT CENTERVILLE CITY HALL, 250 NORTH
MAIN STREET, CENTERVILLE, UTAH.
Centerville City Planning Commission meetings are open to the public, unless otherwise closed for reasons allowed by law. Centerville
City Planning Commission meetings may be conducted via electronic means pursuant to Utah Code § 52-4-207. In compliance with
the Americans with Disabilities Act, individuals needing special accommodations due to a disability may contact the City Recorder at
(801) 295-3477, at least 24 hours in advance of the meeting. The Commission reserves the right to modify the sequence of agenda
items in order to facilitate special needs or provide greater efficiency.
The full agenda packet and backup materials can be found on the Centerville City website at:
https://centervilleutah.gov/129/Agendas-Minutes
A.
B.
C.
CALL TO ORDER
1.
ROLL CALL
2.
LEGISLATIVE PRAYER OR THOUGHT - Michael Adamson
3.
PLEDGE OF ALLEGIANCE
BUSINESS ITEMS
Business action or discussion items to be considered by the Planning Commission.
1.
Public Hearing - Centerville Municipal Code and Centerville Zoning Code Amendments to
appoint Whitaker Museum Board Members to act as Historic Preservation Commission
Members - Ordinance No. 2026-10 and Ordinance No. 2026-11
Consider proposed Centerville Municipal Code and Centerville Zoning Code Amendments to
appoint Whitaker Museum Board Members to act as Historic Preservation Commission
Members - Ordinance No. 2026-10 and Ordinance No. 2026-11
2.
Public Hearing - Municipal Code Amendments - Boundary Line Adjustments, Boundary
Establishment, and Exchange of Title changes - CMC 15.09.140 (Exchange of Title) Legislative Decision
Consider amendments to Section 15.09.140 of the Centerville Municipal Code regarding the
addition of Code language for Boundary Line Adjustments and Boundary Establishment (in
complying with State statutes), and the replacement of existing Exchange of Title Code
language as found in CMC 15.09.140.
3.
Public Hearing - Zoning Code Amendments - Detached Accessory Dwelling Unit (DADU) CZC 12.58 (Detached Accessory Dwelling Unit Standards) and CZC 12.36.020 (Table of Uses
for Residential Uses) - Legislative Decision
Consider amendments to the Centerville Zoning Code be enacting a new Chapter 12.58
regarding regulations and standards for detached accessory dwelling units (DADU) and
amendments to Section 12.36.020 regarding use categories for detached accessory dwelling
units (DADU) within the established residential uses table.
COMMUNITY DEVELOPMENT DIRECTORS REPORT
1.
Community Development Director's Report
Agenda - Page 1
Page 1 of 175
D.
MINUTES
Minutes of prior meetings may be reviewed and accepted. Minutes review and approval shall comply
with the Centerville City Minutes Approval Policy.
1.
E.
Minutes Review and Approval - July 22, 2026
Consideration of Planning Commission meeting minutes from July 22, 2026.
ADJOURNMENT
CERTIFICATE OF POSTING
I hereby certify that this notice and agenda was posted at Centerville City Hall, published on the Utah Public
Notice Website, and provided to a newspaper or media correspondent in accordance with the requirements of
the Utah Open and Public Meetings Act, including, but not limited to, provisions of Utah Code § 52-4-202.
Jennifer Robison
Centerville City Recorder
Agenda - Page 2
Page 2 of 175
PLANNING
COMMISSION
Staff Report
8/12/2026
Item No. 1.
Title: Public Hearing - Centerville Municipal Code and Centerville Zoning Code Amendments to appoint
Whitaker Museum Board Members to act as Historic Preservation Commission Members - Ordinance No.
2026-10 and Ordinance No. 2026-11
Initiated By: Mayor Clark Wilkinson
Staff Representative: Lisa Romney, City Attorney
SUBJECT:
Consider proposed Centerville Municipal Code and Centerville Zoning Code Amendments to appoint Whitaker
Museum Board Members to act as Historic Preservation Commission Members - Ordinance No. 2026-10 and
Ordinance No. 2026-11
RECOMMENDATION:
Recommend approval of proposed Centerville Municipal Code and Centerville Zoning Code Amendments to
appoint Whitaker Museum Board Members to act as Historic Preservation Commission Members - Ordinance
No. 2026-10 and Ordinance No. 2026-11
BACKGROUND:
Mayor Clark Wilkinson and the City Council have requested Staff to prepare amendments to the Centerville
Municipal Code and Centerville Zoning Code to appoint members of the Whitaker Museum Board to the
Historic Prevervation Commission (previously named the Landmarks Commission). The City has had difficulty
in recent years appointing citizens as members of the Landmarks Commission. The Landmarks Commission
does not meet very often, but is needed as a City board to address historic sites and landmarks and to advise
the City Council on relevant matters of historic preservation. In order to keep the Landmarks Commission as
an active board of the City, the Mayor and Council request that members of the Whitaker Museum Board also
be appointed as members of the Historic Preservation Commission. The Whitaker Museum Board and the
Historic Preservation Commission will continue to exist as two separate public bodies. But the members on
both bodies will be the same. The proposed amendments to the Zoning Code must be reviewed by the
Planning Commission with a public hearing as required by law.
ATTACHMENTS:
1.
Ordinance No. 2026-10 - Historic Preservation Commission
2.
Ordinance No. 2026-11 - Whitaker Museum Board and Historic Preservation Commission
250 North Main Street Centerville, Utah 84014
801.295.3477
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CENTERVILLE CITY
ORDINANCE 2026-10
AN ORDINANCE AMENDING SECTION 12.20.070 OF THE CENTERVILLE
ZONING CODE REGARDING MEMBERSHIP AND ORGANIZATION OF THE
LANDMARKS COMMISSION, CHANGING THE NAME OF THE LANDMARKS
COMMISSION TO THE HISTORIC PRESERVATION COMMITTION,
APPOINTING MEMBERS OF THE WHITAKER MUSEUM BOARD TO ACT AS
MEMBERS OF THE HISTORIC PRESERVATION COMMISSION, AND
AMENDING VARIOUS OTHER SECTIONS OF THE CENTERVILE ZONING
CODE CHANGING REFERENCES THROUGHOUT FROM LANDMARKS
COMMISSION TO HISTORIC PRESERVATION COMMISSION
WHEREAS, the City has previously created the Landmarks Commission as more
particularly described in CZC 12.20.070; and
WHEREAS, the City Council desires to make a number of amendments to the
membership and organization of the Landmarks Commission, to change the name of the
Landmarks Commission to the Historic Preservation Commission, and to appoint members of
the Whitaker Museum Board to act as members of the Historic Preservation Commission; and
WHEREAS, the City Council finds the amendments to the Section 12.20.070 and
other Sections of the Centerville Zoning Code are in the best interest of the City and the
community to continue to support the preservation and protection of historic buildings,
structures, sites, and districts within the City; and
WHEREAS, all public notices and public hearings have been held before the Planning
Commission and the City Council as required under Utah law for Zoning Code amendments.
NOW THEREFORE, be it ordained by the City Council of Centerville City, in the
State of Utah, as follows:
SECTION 1:
AMENDMENT “12.20.070 Landmarks Commission” of the
Centerville Zoning Code is hereby amended as follows:
AMEN DMEN T
12.20.070 LandmarksHistoric Preservation Commission
(a) Established. There is a Historic Preservation Commission A Landmarks Commission
of Centerville City which acts , consisting of five to seven members, is hereby
established for the purpose of acting as the administrative authority for decisions or as
an advisory board and recommending body to the City Council, as provided in this
Title, regarding historic assets within the City, and which performs administrative
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duties regarding historic preservation and designation as more particularly provided
herein. . Members of the Landmarks Commission shall:
(1) Serve without compensation, except for reasonable expenses incurred in
performing their duties as members of the Landmarks Commission; and
(2) Have a demonstrated interest, competence or knowledge in historic
preservation or architecture. To the extent available in the community, two
Commission members shall be professionals from the disciplines of history,
architecture, or architectural history as defined by National Park Service
regulations.
(b) Purpose. The City recognizes that the historical heritage of the community is among its
most valued and important assets. The purpose of the Historic Preservation
Commission is to help the City identify, preserve, protect, and enhance historic
buildings, structures, sites, and districts located within the City.
(c) Members and Terms. Appointment and Terms of Office.
(1) Number and Appointment. The Historic Preservation Landmarks Commission
shall be comprised of five (5) to seven (7) members who shall be appointed by
the Mayor with the advice and consent of the City Council. As provided in
CMC 3.03.070, members of the Whitaker Museum Board are appointed as
Historic Preservation Commission members and shall perform the duties and
obligations of the Historic Preservation Commission.
(2) Term.
(A) Historic Preservation Commission members shall be appointed to
staggered terms of three years and until a successor is appointed; The
terms of Landmarks Commission members shall be staggered. Each
member of the Landmarks Commission shall serve for a term of three
years and until a successor is appointed, provided,that members may
be appointed for terms shorter than three years when necessary to
provide staggered terms.
(B) Historic Preservation Landmarks Commission members may be
reappointed for successive terms.
(3) Qualifications. Historic Preservation Commission members should have a
demonstrated interest, competence, or knowledge in fields related to historic
preservation or architecture. To the extent available in the community, at least
two (2) Historic Preservation Commission members shall be professionals
from the disciplines of history, architecture, or architectural history.
(4) Removal. Historic Preservation Commission members shall serve at the
pleasure of the City Council and may be removed at any time with or without
cause by majority vote of the City Council.
(A) The Mayor, with the advice and consent of the City Council, may
remove any member of the Landmarks Commission at any time with
or without cause.
(5) Vacancies. A vacancy on the Historic Preservation Commission occurring for
any reason shall be filled by the Mayor, with the advice and consent of the
City Council, in accordance with the procedures for appointment set forth
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herein for the unexpired term of such Commission member.
(A) A vacancy occurring on the Landmarks Commission squalification or
any other reason shall be promptly filled by a replacement appointed
in the same manner as the original appointment for the remainder of
the unexpired term of the replaced member.
(6) Compensation. Historic Preservation Commission members shall serve
without compensation and shall be deemed “volunteers” for purposes of City
ordinances, rules, regulations and policies.
(7) Volunteers. Members of the Historic Preservation Landmarks Commission
shall be deemed "volunteers" for purposes of City ordinances, rules,
regulations and policies concerning personnel; provided, however, they shall
be included in the definition of "employee" for purposes of the Utah
Governmental Immunity Act, as set forth in Utah Code §§ 63G-7-101, et seq.
(8) Conflicts of Interest. As appointed volunteers of the City, Historic
Preservation Commission members shall comply with the Utah Officers’ and
Employees’ Ethics Act, as set forth in Utah Code §§ 10-3-1301, et seq.
(d) Organization and Procedure. The Landmarks Commission shall be organized and
exercise its powers and duties as follows:
(1) Chair and Vice-Chair. The Historic Preservation Commission shall elect one
of its members as Chair to oversee the proceedings and activities of the
Commission. The Historic Preservation Commission shall also elect one of its
members to act as Vice-Chair to perform duties as assigned from the Chair and
to oversee the proceedings and activities of the Historic Preservation
Commission in the absence or inability of the Chair to act. The Chair and
Vice-Chair shall serve for one year terms and may be re-elected for successive
terms. Election of the Chair and Vice-Chair should take place during the first
meeting of the Historic Preservation Commission each year. The Chair and
Vice-Chair shall be voting members of the Historic Preservation Commission.
(2) Members of the Landmarks Commission shall select one of its members as
chair to oversee the proceedings and activities of the Commission.
The chair shall serve for a term of one year.The chair, with the advice and
consent of the Landmarks Commission, shall appoint one member as
alternate-chair to act in the absence of the chair. The chair and alternate-chair
may be re-elected for successive terms.
(3) The Landmarks Commission may adopt policies and procedures, consistent
with the provisions of this Title and applicable law, to govern the conduct of
its meetings, the processing of applications, and for any other purposes
considered necessary for the functioning of the Commission.
(4) Meetings. The Historic Preservation Landmarks Commission shall meet at
least twice each year, as determined by the Commission and at such other
times as the Commission may determine. Meetings shall be conducted in
accordance with properly approved policies and guidelines of the Historic
Preservation Commission.
(5) Open Meetings. All mMeetings of the Historic Preservation Commission shall
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be properly noticed and held in accordance with the Utah Open and Public
Meetings Act, as set forth in Utah Code §§ 52-4-101, et seq., including public
notification of the meeting place, time, and agenda items. The Historic
Preservation Commission shall keep a public record of its proceedings, and all
minutes and recordings of the meetings and decisions of the Commission shall
be filed in the office of the City Recorder.
(6) Quorum. No official business shall be conducted byof the Historic
Preservation Landmarks Commission shall be conducted unless a quorum of
its members is present. Recognizing the flexible number of members which
may be appointed to the Historic Preservation Landmarks Commission, a
quorum shall consist of a majority of the appointed members on the
Commission; provided, a minimum number of members required for a quorum
shall be three (3). The minimum number of yes votes required for the Historic
Preservation Landmarks Commission to take any action shall be a majority of
members present at a duly called meeting with a quorum; provided, in no
event shall the minimum number of votes required to take any action be less
than three (3).
(7) Decisions. Decisions of the Historic Preservation Landmarks Commission
shall take effect on the date of the meeting at or hearing in which the decision
is made, unless a different time is designated by in the Commission's rules, or
at the time the decision is made.
(8) Government Records.
The Landmarks Commission shall transmit reports of its official acts and
recommendations to the City Council.The minutes of all meetings of the
Landmarks Commission shall be prepared and filed in the office of the City
Recorder. All such Rrecords of the Historic Preservation Commission, such as
minutes, agendas, staff reports, and packet information, are public records and
shall be available for public review and access in accordance with the Utah
Government Records and Access Management Act, as set forth in Utah Code
§§ 63G-2-101, et seq.
(9) Policies and Procedures. The Historic Preservation Commission may adopt
policies and procedures, consistent with the provisions of this Title and
applicable law, to govern the conduct of its meetings, the processing of
applications, and for any other purposes considered necessary for the
functioning of the Commission.
(e) Commission Powers and Duties. The Historic Preservation Commission generally acts
as an advisory board to the City Council, but may have other administrative duties as
more particularly provided herein. The Landmarks Commission shall have all the
powers and duties, explicit or implied, given under Utah law, including but not limited
to the following. The Historic Preservation Commission shall perform such duties in
accordance with applicable State and Federal law and Each of such powers and duties
shall be exercised pursuant to the procedural and decision-making other provisions of
this Title.
(1) Advise the City Council and other interested parties in the community on
matters related to historic preservation and history.
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(2) Conduct or cause to be conducted a surveys of the local historic, architectural,
and archaeological resources within the City. All The surveys shall be comply
with standards set by the State Historic Preservation Office. compatible with
the Utah Inventory of Historic and Archaeological Sites. All surveys and
inventory documents shall be maintained and open to the public. The Ssurvey
should be updated at least every 10 years.
(3) Establish and maintain a Significant Historic Sites List, a Historic Landmark
Register, and a Historic Area Register as provided in CZC 12.61 (Historic
Buildings and Sites).
(4) Review all matters concerning designation, preservation, modification or
demolition of any asset within the City listed on the Significant Historic Sites
List, Historic Landmark Register and Historic Area Register, or nominations
of such assets to the National Register of Historic Places, in accordance with
the provisions set forth in CZC 12.61 (Historic Buildings and Sites).
(5) Review and provide comments to the State Historic Preservation Office
regarding on all proposed National Register nominations of properties located
for historic assets within the boundaries of the City. When the Historic
Preservation Landmarks Commission considers a National Register
nomination which is normally evaluated by professionals in a specific
discipline and that discipline is not represented on the Commission, the
Commission should seek expertise in this area before rendering its decision.
(6) Act as an administrative authority for the City regarding the designation,
preservation, modification, and demolition of historic assets within the City.
(7) Work toward the continuing education of citizens regarding historic
preservation and the City's Centerville's history.
(8) Support the enforcement of State laws relating to historic preservation,
including, but not limited to, Utah Code § 9-8a-301, regarding the protection
of Utah antiquities, and Utah Code § 9-8a-401, regarding historic sites.
(9) Provide reports to the State Historic Preservation Office on Commission
activities, as appropriate.
(10) Exercise any other duties powers that are delegated to the Historic
Preservation Landmarks Commission by the City Council.
(f) Funding for Commission. The Historic Preservation Landmarks Commission shall be
a voluntary organization whose operations may be funded by annual appropriations in
the City budget and state, federal, corporate, and private grants, donations or other
contributions. The Historic Preservation Landmarks Commission may solicit aid on a
project-by- project basis from the City during its regular budget preparation cycle by
application submitted to the City Manager by prior to March 15th of each year.
(g) Purchasing. All purchases and expenditures for the Historic Preservation Commission
shall comply with the City’s Procurement Policy, including, but not limited to budget
approval requirements, approval limits, bidding procedures, exemptions, etc. For
purposes of such policies, the Historic Preservation Commission Chair, is hereby
designated as an authorized Purchasing Agent, subject to the provisions of the City's
Procurement Policy. All purchases and expenditures for the Historic Preservation
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Commission shall also comply with any authorized Commission policies, guidelines,
or procedures. All purchases and expenditures for the Historic Preservation
Commission shall be consistent with the approved budget for the Historic Preservation
Commission.
(h) Examinations and Surveys. The Historic Preservation Landmarks Commission and its
authorized agents, after contacting the property owner, may enter upon any land at
reasonable times to make examinations and surveys as necessary to enable it to
perform its function to promote historic preservation or to perform its duties as set forth
in this Chapter.
(i) Liaison. The City Council may appoint one of its members to serve as a liaison to the
Historic Preservation Commission. The liaison should attend the meetings of the
Historic Preservation Commission and serve only to advise and act as a liaison to the
City Council regarding the Historic Preservation Commission with no power to vote
on the Historic Preservation Commission.
(j) Appeal. Any person adversely affected by a final administrative decision of the
Historic Preservation Landmarks Commission made in the exercise of the provisions
of this Title may appeal that decision to the Board of Adjustment as provided in CZC
12.21.200.
SECTION 2:
AMENDMENT “12.61.030 Landmarks Commission Review”
of the Centerville Zoning Code is hereby amended as follows:
AMEN DMEN T
12.61.030 LandmarksHistoric Preservation Commission Review
The Historic Preservation Centerville Landmarks Commission is hereby designated as the
official body to review all matters concerning designation, preservation, modification or
demolition of any asset listed on the Significant Historic Sites List, Historic Landmark Register
and Historic Area Register, or nominations of such assets to the National Register of Historic
Places, within the City in accordance with the provisions set forth in this Chapter. However,
the City Council shall grant all final approvals for designations to the Historic Landmark
Register and the Historic Area Register, or official local sanction for the National Register of
Historic Places.
SECTION 3:
AMENDMENT “12.61.040 Significant Historic Sites List” of
the Centerville Zoning Code is hereby amended as follows:
AMEN DMEN T
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12.61.040 Significant Historic Sites List
(a) Created. There is hereby created a Centerville Significant Historic Sites List, which
shall serve as a means of providing recognition to and encouraging the preservation of
knowledge and information of important historic sites, places, structures, buildings,
etc. within the City. The Significant Historic Sites List shall be prepared and
maintained by the Historic Preservation Landmarks Commission. The Historic
Preservation Landmarks Commission shall ensure that all nominations and any
subsequent amendments or any additions thereto are approved in accordance with the
provisions of this Chapter.
(b) Contents. The Significant Historic Sites List shall describe as concisely as possible any
significant historic assets that no longer exist; assets that have been significantly
modified but have significant value; or the actual location of any event that had
occurred in the past that played a significant role, or had an important influence within
Centerville City.
(c) Request for Identification. Any person, group, or governmental agency may nominate
a historical asset for the Significant Historic Sites List by submitting a written request
for nomination to the Historic Preservation Landmarks Commission. The request for
identification shall include the documentation of the qualifying contents and criteria set
forth in this Section.
(d) Review of Request. Upon receipt of a written request for identification, the Historic
Preservation Landmarks Commission shall review the submitted nomination at the
Commission’s next scheduled meeting, permitting adequate time for processing
application and notice of the same. The Historic Preservation Landmarks Commission
shall review the nomination in accordance with the criteria set forth in this Section and
shall approve, approve with conditions, or deny the same for placement on the
Significant Historic Sites List.
(e) Notification. When a historic asset is officially nominated to the Significant Historic
Sites List by the Historic Preservation Landmarks Commission, the Commission shall
promptly notify any applicable owner in writing of the nomination to the listing. Upon
official acceptance of the nomination, the historic asset shall be eligible for any
recognition programs established by the City.
(f) Identification Criteria. The Historic Preservation Landmarks Commission may
nominate any historic asset to the Significant Historic Sites List, in accordance with the
procedures set forth in this Section, if it meets all the criteria set forth below:
(1) Existing assets or removed assets shall be located or have taken place within
the official boundaries of the City;
(2) It was built or occurred at least 50 years in the past;
(3) It is directly associated with events of historic significance in the community;
(4) It is closely associated with the lives of persons who were of historic
importance to the community; or
(5) It exhibited significant architectural design or methods of construction that
were used within the historic period it was established.
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SECTION 4:
AMENDMENT “12.61.050 Historic Landmark Register” of
the Centerville Zoning Code is hereby amended as follows:
AMEN DMEN T
12.61.050 Historic Landmark Register
(a) Created. There is hereby created a Centerville Historic Landmark Register, which shall
provide further recognition of significant individual historic assets and provide certain
benefits and rehabilitation guidelines for such significant assets as an incentive for their
preservation. The Historic Landmark Register shall be prepared and maintained by the
Historic Preservation Landmarks Commission with the consent of the City Council in
accordance with the provisions set forth in this Section. The Historic Preservation
Landmarks Commission shall ensure that nominations to the Historic Landmark
Register and any subsequent amendments or any additions thereto are approved by the
City Council and filed with the City Recorder and the Davis County Recorder's
Office.
(b) Contents. The Historic Landmark Register shall describe as concisely as possible each
site, structure or building, the date(s) of its occurrence or construction as nearly as can
be determined, the qualifications for including it on the Historic Landmark Register,
and the name and address of the current owner of property as shown on the records of
the Davis County Recorder.
(c) Request for Designation. Any owner of property may nominate his or her property for
listing on the Historic Landmark Register by submitting a written request for
designation to the Historic Preservation Landmarks Commission. An official request
for designation may be preceded by informal contacts with the property owner by
members of the Historic Preservation Landmarks Commission, City staff, or other
interested parties. The written request shall include the following:
(1) Address and/or historic name of the property;
(2) Date the property was listed in the National Register or officially determined
eligible and documentation supporting such listing or eligibility;
(3) Statement verifying the owner is indeed the legal owner of the property,
according to record of the Davis County Recorder;
(4) Statement that the owner desires the action to designate his or her property to
the Historic Landmark Register;
(5) Submittal of the applicable research and documentation regarding the historic
asset, performed in accordance with the Utah State Historic Preservation
Office standards for intensive level surveys. Copies of such documentation
shall be maintained in the City's preservation files; and
(6) Any other information deemed necessary by the Historic Preservation
Landmarks Commission or the City Council for determining the property's
eligibility for designation.
(d) Review of Request. Upon receipt of a written request for Historic Landmark Register
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designation, the Historic Preservation Landmarks Commission shall review the
submitted nomination at the Commission’s next scheduled meeting, permitting
adequate time for processing application and notice of the same. The Historic
Preservation Landmarks Commission shall review the nomination in accordance with
the criteria set forth in this Section. The Historic Preservation Landmarks Commission
shall forward its recommendation regarding the nomination to the City Council for its
review and approval, approval with conditions, or denial as set forth herein.
(e) Designation and Notification. The City Council may designate a nomination to the
Historic Landmark Register by approval and passage of an appropriate resolution.
When a historic asset is officially designated to the Historic Landmark Register by the
City Council, the Historic Preservation Landmarks Commission shall record the
designation certificate with the City Recorder and promptly notify the property owner
in writing of the designation together with a copy of the designation certificate. Upon
official approval of the nomination, assets listed on the Historic Landmark Register
shall be eligible for any recognition or preservation programs established by the City.
(f) Approval Criteria. Any nominated historic asset may be designated to the Historic
Landmark Register in accordance with the procedures set forth herein if it meets all the
criteria set forth below:
(1) The historic asset is located within the official boundaries of the City;
(2) Is currently listed in the National Register of Historic Places, or it has been
officially determined eligible to be listed by meeting the National Register
Criteria for Evaluation, as amended;
(3) The historic asset was built or occurred at least 50 years in the past and at
present is still in existence;
(4) The historic asset has substantially retained its original integrity, as defined in
CZC 12.61.100(e)(2), and meets at least one of the following criteria:
(A) Is associated with events that have made a significant contribution to
the broad patterns of the community's history;
(B) Is associated with the lives of persons significant in the community's
past;
(C) Embodies the distinctive characteristics of a type, period, or method of
construction, represent the work of a master, possess high artistic
values, or represent a significant and distinguishable entity whose
components may lack individual distinction; or
(D) Has yielded, or may be likely to yield, information important in
prehistory or history (e.g. archaeological sites).
(g) Intensive Level Survey. Historic assets to be listed on the Historic Landmark Register
which are not already listed on the National Register of Historic Places or if ineligible
for such national listing, shall nonetheless be properly documented by an intensive
level survey, in accordance with the Utah State Historic Preservation Office standards
for intensive level surveys.
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SECTION 5:
AMENDMENT “12.61.060 Historic Area Register” of the
Centerville Zoning Code is hereby amended as follows:
AMEN DMEN T
12.61.060 Historic Area Register
(a) Created. There is hereby created a Centerville Historic Area Register, which shall
provide further recognition of significant historic assets and provide certain benefits
and rehabilitation guidelines for such significant assets as an incentive for their
preservation. The Historic Area Register shall be prepared and maintained by the
Historic Preservation Landmarks Commission with the consent of the City Council in
accordance with the provisions set forth in this Section. The Historic Preservation
Landmarks Commission shall ensure that nominations to the Historic Area Register
and any subsequent amendments or any additions thereto are approved by the City
Council and filed with the City Recorder's Office.
(b) Contents. The Historic Area Register shall describe as concisely as possible the
boundary or perimeter area of a historic area, street, or block, the qualifications for
including it on the Historic Area Register, and the name and address of all current
owners of property within the district, as shown on the records of the Davis County
Recorder.
(c) Request for Designation. The owners of property, Historic Preservation Landmarks
Commission, or City Council may nominate an area for listing on the Historic Area
Register by submitting a written request for designation to the Historic Preservation
Landmarks Commission. An official request for designation may be preceded by
informal contacts with the property owners, by members of the Historic Preservation
Landmarks Commission, City staff, or other interested parties. The written request
shall include the following:
(1) The description of the proposed area boundary or location, along with the
addresses of each property within the proposed Historic Area, regardless of
whether all properties are contributing historical assets and the proposed
historic name desired for the proposed area.
(2) Statement verifying or witnessing that all owners have been notified in writing
or by mailing, as addressed with the County Records, of such proposal to
create a Historic Area.
(3) Submittal of the applicable research and documentation regarding all historic
assets found within the proposed Historic Area, performed in accordance with
the Utah State Historic Preservation Office standards for intensive level
surveys. Copies of such documentation shall be maintained in the City's
preservation files.
(4) Any other information deemed necessary by the Historic Preservation
Landmarks Commission or the City Council for determining the proposed
Historic Area eligibility for designation.
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(d) Review of Request. Upon receipt of a written request for Historic Area Register
designation, the Historic Preservation Landmarks Commission shall review the
submitted nomination at the Commission’s next scheduled meeting, permitting
adequate time for processing application and notice of the same. The Historic
Preservation Landmarks Commission shall review the nomination in accordance with
the criteria set forth in this Section. The Historic Preservation Landmarks Commission
shall forward its recommendation regarding the nomination to the City Council for its
review and approval, approval with conditions, or denial as set forth herein.
(e) Designation and Notification. The City Council may designate a nomination to the
Historic Area Register by approval and passage of an appropriate resolution. When a
historic area is officially designated to the Historic Area Register by the City Council,
the Historic Preservation Landmarks Commission shall promptly notify all property
owners, within the boundary area, in writing of the designation together with a copy of
the designation certificate. Upon official approval of the nomination, assets listed on
the Historic Area Register shall be eligible for any recognition or preservation
programs established by the City.
(f) Approval Criteria. Any nominated historic location may be designated to the Historic
Area Register in accordance with the procedures set forth herein if it meets all the
criteria set forth below:
(1) The historic area is located within the official boundaries of the City.
(2) All contributing historic assets were built or occurred at least 50 years in the
past and presently exist.
(3) The historic area has substantially retained its original integrity and meets at
least one of the following criteria:
(A) Is associated with events that have made a significant contribution to
the broad patterns of the community's history;
(B) Is associated with the lives of persons significant in the community's
past;
(C) Embodies the distinctive characteristics of a type, period, or method of
construction, represent the work of a master, possess high artistic
values, or represent a significant and distinguishable entity whose
components may lack individual distinction; or
(D) Has yielded, or may be likely to yield, information important in
prehistory or history (e.g. archaeological sites).
(4) Intensive Level Survey. All contributing historic assets to be used for
establishing the Historic Area Registry which are not already listed on the
National Register of Historic Places or if ineligible for such national listing,
shall nonetheless be properly documented by an intensive level survey, in
accordance with the Utah State Historic Preservation Office standards for
intensive level surveys.
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SECTION 6:
AMENDMENT “12.61.070 Nominations To The National
Register Of Historic Places” of the Centerville Zoning Code is hereby amended as follows:
AMEN DMEN T
12.61.070 Nominations To The National Register Of Historic Places
(a) Nomination. The Historic Preservation Landmarks Commission, with the approval of
the property owner of record and a final recommendation by the City Council, may
prepare, assist, or submit nominations for select historic assets to the National Register
of Historic Places. Submittals shall follow all state and national nomination
requirements.
(b) Purpose. The National Register is an official national list of structures considered
worthy of preservation because they tell something important about a City’s past. Such
importance can be at the state or local level, not just the national level. A National
Register designation means a property has been officially recognized for its historic
value and its preservation is encouraged.
(c) Benefits. The benefits of National Register listing include assistance and information
concerning the preservation of the structure, possible grants for repairs or
improvements, and eligibility for federal and state rehabilitation tax credits.
(d) Owner Obligation. A listing in the National Register does not interfere with a private
property owner's right to alter, manage, or even demolish the listed property.
(e) Steps for Listing. The general steps for a historic asset in obtaining a listing on the
National Register are as follows:
(1) Researching the property and its past and current owners, this includes an
intensive level survey following the State Historic Preservation Office criteria.
(2) Documenting the property's physical appearance with photographs and floor
plan drawings and measurements.
(3) Completion of the official National Registration form.
(4) Following a review by the Historic Preservation Landmarks Commission, and
approval from the property owner of record, the application shall be
forwarded to the City Council for a final recommendation prior to submittal. A
completed nomination shall be submitted to the State Historic Preservation
office for review and submittal to the Keeper of the National Register of
Historic Places.
(f) Designation Optional. A designation of a historic asset on the National Register is not
required for listing on the City’s Significant Historic Sites List or the Historic Area
Register. However, it is strongly encouraged that any historic asset listed on the City’s
local registers, also make application to be on the National Register to take advantage
of federal and state programs to assist with the continued preservation of such asset.
(g) Designation Required. A designation of a historic asset on the National Register is
required for listing on the City’s Historic Landmark Register.
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SECTION 7:
AMENDMENT “12.61.080 Certificate Of Historic Landmark
Or Area Registers” of the Centerville Zoning Code is hereby amended as follows:
AMEN DMEN T
12.61.080 Certificate Of Historic Landmark Or Area Registers
(a) Contents. Upon City Council approval of an historic asset to the Historic Landmark
Register or the Historic Area Register, a designation certificate shall be prepared and
recorded with the City Recorder and placed in the associated files maintained by the
Historic Preservation Landmarks Commission. The designation certificate shall
contain the following:
(1) The historic name of the property or district.
(2) The date of recommendation made by the Historic Preservation Landmarks
Commission and the date of official designation by the City Council.
(3) A summary or list of the significant applicable attribute(s) of the historic asset
that were identified to support the designation.
(4) The signatures of Historic Preservation Landmarks Commission chairperson
and the Mayor.
(b) Owner Copy. All owners of record shall be provided a copy of the designation
certificate and may obtain additional copies by written request to the Historic
Preservation Landmarks Commission.
(c) Recordation. Any owner of record for an historic asset may record the designation
certificate with the Davis County Recorder's Office to further enhance the recognition
of such asset.
SECTION 8:
AMENDMENT “12.61.090 Removal From Historic Landmark
Or Area Registers” of the Centerville Zoning Code is hereby amended as follows:
AMEN DMEN T
12.61.090 Removal From Historic Landmark Or Area Registers
(a) By Owner. Nothing in this Chapter shall be construed to prevent any owner of record
from removing his or her historic asset from the Historic Landmark Register or the
Historic Area Register, as the owner deems appropriate. Such request for removal shall
be made in writing by the owner of record to the Historic Preservation Landmarks
Commission, and shall be forwarded to the City Council for acceptance. The Historic
Preservation Landmarks Commission or City Council may not withhold acceptance of
any removal request, but such review and official acceptance shall be conducted by
the City for informational and administrative purposes for an understanding of the
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request. The City shall not have any liability whatsoever for an owner's decision to
remove his or her historic asset from any register.
(b) By Non-Owner. Any historic asset, which in the opinion of the Historic Preservation
Landmarks Commission, no longer meets criteria for eligibility may be forwarded to
the City Council for removal from either the Historic Landmark Register or the
Historic Area Register. Any such removal initiated by a person other than the owner of
record shall be made with findings in accordance with the designation procedures and
criteria set forth herein.
(c) Notice. When a historic asset has been removed from the Historic Landmark Register
or the Historic Area Register, the Historic Preservation Landmarks Commission shall
promptly notify the owner of record in writing of the removal and shall file notice of
the removal with the City Recorder and/or the Davis County Recorder's Office, as
applicable.
(d) Placement on the Significant Historic Sites List. Any home removed from the Historic
Landmark Register or the Historic Area Register, by owner or non-owner, may still
qualify for placement on the Significant Historic Sites List by meeting the criteria
found in CZC 12.61.040.
SECTION 9:
AMENDMENT “12.61.100 Alteration/Modification Standards
For Historic Assets Listed On The Historic Landmark Register” of the Centerville Zoning
Code is hereby amended as follows:
AMEN DMEN T
12.61.100 Alteration/Modification Standards For Historic Assets Listed On The Historic
Landmark Register
(a) Alterations or Modifications. In order to ensure the preservation of historic materials
and features of Historic Landmark Register assets to the greatest extent possible, all
proposed repairs, alterations or additions involving the exterior structure and/or facade
of such assets shall be subject to review by the Historic Preservation Landmarks
Commission, in accordance with the provisions set forth in this Section. Any property
owner desiring to keep their asset on the Historic Landmark Register shall comply
with the following provisions of this Section.
(b) Building Permit Request. An application for a building or related permit pertaining to
an asset listed on the Historic Landmark Register shall be forwarded by the Zoning
Administrator to the Historic Preservation Landmarks Commission prior to issuance.
The Historic Preservation Landmarks Commission shall promptly review the
application and proposed work for compliance with the standards set forth in this
Section.
(c) Appropriateness of Work. The Historic Preservation Landmarks Commission shall
determine the appropriateness of the work in keeping with the preservation of historic
integrity of the asset and shall prepare findings for approval or denial, as follows:
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(1) Appropriate. If the Historic Preservation Landmarks Commission deems the
proposed work appropriate, it shall notify both the owner of record and the
Zoning Administrator in writing of its determination of the a appropriateness
of the work and any conditions for compliance related to the alteration or
modification.
(A) If the Historic Preservation Landmarks Commission deems the
alterations and modifications to the structure appropriate, those
properties on the Historic Landmark Register (not otherwise located
in the Centerville Deuel Creek Historic District) shall be eligible for
the same incentives set forth in CZC 12.49.100.
(2) Not Appropriate. If the Historic Preservation Landmarks Commission deems
the proposed work inappropriate, it shall forward notice, to the owner of
record and the Zoning Administrator, of such determination together with
recommendations as to how the work may be accomplished to comply with
historic preservation standards.
(A) If the Historic Preservation Landmarks Commission does not approve
the proposed work as "appropriate," the owner is encouraged to work
with the Historic Preservation Landmarks Commission to determine
the most appropriate means of altering or modification to the property
in order to maintain the historic integrity of the property.
(B) If the owner chooses not comply with the recommendations of the
Historic Preservation Landmarks Commission, the issuance of the
building or associated permit shall be delayed up to 30 days for the
documentation of existing conditions of the historic asset. After the
necessary documentation time, the permit shall be issued as requested
and the asset may be subject to the removal of its designation to the
Historic Landmark Register.
(d) Record Keeping. Any building permit or associated plans issued for an asset listed on
the Historic Landmark Register shall be maintained by the office of the Zoning
Administrator to assist in preserving and documenting the alterations or modifications
made to historic assets listed on the Historic Landmark Register.
(e) Approval Standards. Any alteration or modification of any historic asset designated on
the Historic Landmark Register shall be reviewed for appropriateness in keeping with
the preservation of historic integrity of the asset. The following standards shall be used
by the Historic Preservation Landmarks Commission and/or City Council when
determining the historic appropriateness of any application pertaining to the Historic
Landmark Register:
(1) Use. The asset shall be primarily used for its intended historic purpose or be
placed in a compatible new use that requires minimal change to the defining
characteristics of the building and its site and/or environment.
(2) Character. The historic character of the asset shall be retained and preserved to
the greatest extent possible. The removal of historic materials or alteration of
features and spaces that characterize the asset shall be avoided.
(3) Developments. Each asset shall be recognized as a physical record of its time,
place, and use. Changes that create a false sense of historical development,
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such as adding conjectural features or architectural elements from other
dissimilar buildings shall not be undertaken.
(4) Changes. Most assets change over time; changes that have acquired historic
significance in their own right shall be retained and preserved.
(5) Distinctive Items. Distinctive features, finishes, and construction techniques or
examples of craftsmanship that characterize the historic asset shall be
preserved.
(6) Deterioration. Deteriorated historic features shall be repaired rather than
replaced. Where the severity of deterioration requires replacement of a
distinctive feature, the new feature shall match the old in design, color, texture,
and other visual qualities and, where possible, materials. Replacement of
missing features shall be substantiated by documentary, physical, or pictorial
evidence that such feature was previously present.
(7) Cleaning. Chemical or physical treatments, such as sandblasting, that cause
damage to historic material shall not be used. The surface cleaning of
structures or materials, if appropriate, shall be undertaken using the gentlest
means possible.
(8) Resources. Significant archeological resources affected by a project shall be
protected and preserved. If such resources must be disturbed, mitigation
measures shall be undertaken.
(9) Materials. New additions, exterior alterations, modifications, or related new
construction shall not destroy historic materials that characterize the asset. The
new work shall be differentiated from the old and shall be compatible with the
massing, size, scale, and architectural features to protect the historic integrity
of the asset and its environment.
(10) Historic Integrity. New additions and adjacent or related new construction
shall be undertaken in such a manner that if removed in the future, the
essential form and integrity of the historic asset and its environment would be
substantially unimpaired.
(11) Additional Guidelines. Additional guidelines may be used as set forth in "The
Secretary of the Interior's Standards for Rehabilitating Historic Buildings."
SECTION 10:
AMENDMENT “12.61.110 Complete Demolition Or
Substantial Non-Approved Alteration/Modification Of Historic Assets Listed On The Historic
Landmarks Register” of the Centerville Zoning Code is hereby amended as follows:
AMEN DMEN T
12.61.110 Complete Demolition Or Substantial Non-Approved Alteration/Modification Of
Historic Assets Listed On The Historic Landmarks Register
(a) Delay of Permit. If a historic asset on the Historic Landmark Register is to be
demolished or substantially altered, efforts shall be made by the City to document its
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physical appearance before that action takes place. Specifically, the City may delay
issuing a building permit for demolition or non-approved alterations/modifications for
a maximum of 60 working days in order to provide the Historic Preservation
Landmarks Commission time to document the site.
(b) Documentation. Upon receipt of an application for demolition or non-approved
alterations/modifications of assets listed on the Historic Landmark Register, the Zoning
Administrator shall notify the Historic Preservation Landmarks Commission that such
application has been made. The Historic Preservation Landmarks Commission shall
thereafter have 60 working days to document the historic asset. Documentation may
include, at a minimum, exterior photographs of all elevations of the historic asset, and
exterior and interior measurements of the asset in order to provide an accurate floorplan drawing of a building. All documentation shall be kept in the City's preservation
files.
(c) Information. The Historic Preservation Landmarks Commission may contact the
owner of record of a historic asset in order to inform the owner of the significance of
the historic asset to the City and the potential loss it may have if demolished or
substantially altered.
SECTION 11:
AMENDMENT “12.61.120 Special Considerations” of the
Centerville Zoning Code is hereby amended as follows:
AMEN DMEN T
12.61.120 Special Considerations
(a) Considerations. Historic assets designated to the Historic Landmark Register may
receive special consideration in the granting of special exceptions or conditional use
permits in order to encourage their preservation as deemed appropriate by the City.
Any such special exception or conditional use permit granted hereunder shall be
subject to continued designation of the asset on the Historic Landmark Register. If the
property is removed from such designation, the special exception and/or associated
permit may be revoked and/or the property deemed nonconforming to the extent of the
special consideration given to the property.
(b) Construction Codes. In the event of rehabilitation for a historic asset, the building
official shall consider the waiving certain code requirements, as provided in the
Construction Codes adopted by the City.
(c) Assistance. An owner of historic asset designated on the Historic Landmark Register
may seek assistance from the Historic Preservation Landmarks Commission or City in
applying for grants or tax credits for rehabilitating the property.
(d) Signs. All signs used in connection with a special exception or associated permit shall
conform to the general character of the historic asset and shall be subject to the
provisions of CZC 12.54 (Signs).
Page 17
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SECTION 12:
AMENDMENT “12.61.130 Historic Asset Recognition And
Preservation Programs” of the Centerville Zoning Code is hereby amended as follows:
AMEN DMEN T
12.61.130 Historic Asset Recognition And Preservation Programs
The Historic Preservation Landmarks Commission is hereby charged with creating and/or
recommending to the City efforts to identify, preserve, protect, and enhance the City’s historic
assets, such as but not limited to the following:
(a) Seeking grants;
(b) Supporting nominations to the National Register of Historic Places;
(c) Commemoration plaques;
(d) Holding or attending educational events and programs;
(e) Historic preservation socials;
(f) Conducting historic walking/home tours;
(g) Rehabilitation scholarships; and
(h) Supporting General Plan and Zoning Code amendments that relate to historic
preservation and the preservation of Centerville’s past.
SECTION 13:
AMENDMENT “12.61.150 Appeal” of the Centerville
Zoning Code is hereby amended as follows:
AMEN DMEN T
12.61.150 Appeal
Any person adversely affected by a final decision of the Historic Preservation Landmarks
Commission, City Council, or other official enforcing the provisions of this Chapter may
appeal such decision to the Board of Adjustment as provided in CZC 12.21.200.
SECTION 14:
AMENDMENT “12.67.080 Development Standards Conditional Use” of the Centerville Zoning Code is hereby amended as follows:
AMEN DMEN T
12.67.080 Development Standards - Conditional Use
The development standards of CZC 12.67.060 shall apply to a wireless telecommunication
Page 18
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facility established as a conditional use except as otherwise modified by this Section.
(a) Antennas and Mounting Structures On or Over Public Rights-of-Way. Antennas and
mounting structures shall not encroach on or over the public sidewalk or on or over a
public right-of-way unless:
(1) The facility is approved by conditional use permit on existing structures
located in the right-of-way;
(2) Associated mechanical and electrical equipment is not located in the public
right-of-way;
(3) The facility is virtually hidden from view;
(4) The existing structure is proven structurally sound to support the proposed
facility; and
(5) The carrier signs an agreement with the City which includes provisions that:
(A) Hold the City harmless from any liability claims as a result of the
facility;
(B) Require the carrier to provide, prior to permit issuance, proof to the
City that the carrier has acquired sufficient liability insurance as may
be required by the City; and
(C) Name the City as co-beneficiary of the insurance policy.
(b) Facilities in Historic Districts. Any facility proposed within a historic district or on a
landmark site as defined by the City, County, State or the Federal governments shall be
approved by a conditional use permit and shall be subject to review by the Historic
Preservation Landmarks Commission in accordance with CZC 12.67.090.
(c) Fencing and Screening Requirements. Specific fencing and screening plans for each
facility shall be submitted to the City in conjunction with a conditional use permit
application. Higher grade fencing, more aesthetic fence designs, and landscaping may
be required for the purposes of visual screening, architectural compatibility, site
compatibility, and other impact mitigation.
(d) Monopoles.
(1) The height of an existing monopole located in a commercial public facility, or
industrial zone may be increased if approved by a conditional use permit. No
monopole with antennas and antenna support structures shall exceed a height
of 100 feet.
(2) A monopole may be located within 500 linear feet from another monopole if
approved by a conditional use permit.
(3) The maximum height of a monopole with antennas and antenna support
structures may be increased if approved by conditional use permit for colocation of a second carrier on an existing monopole. In the event co-location
for the second carrier is terminated, the original carrier shall reduce the height
of the monopole to its originally approved height within 30 days from the date
the second carrier files with the FCC a “Notice to Abandon" the facility. The
City shall receive a copy of the “Notice to Abandon” filed with the FCC.
(e) Non-Flush-Mounted Wall Antennas. A non-flush-mounted wall antenna may extend
more than six feet horizontally from the wall surface if approved by a conditional use
permit.
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(f) Stealth-Design Antennas and Monopoles. A stealth-design monopole may be located
in residential, agricultural, or public facility zones if approved by a conditional use
permit. Final determination of the acceptability of a stealth-design antenna or
monopole shall be made as part of the conditional use permit process.
(g) Additional Conditional Use Factors. In addition to conditional use standards outlined
in CZC 12.21.100(e), the following factors shall be considered in evaluating an
application for a conditional use permit:
(1) Compatibility of the proposed structure with the height and mass of existing
buildings and utility structures;
(2) For new sites, whether location of the antenna on other existing structures in
the same vicinity such as other towers, buildings, water towers, utility poles,
athletic field lights, parking lot lights, etc., is possible without significantly
impacting antenna transmission or reception;
(3) Antenna location in relation to existing vegetation, topography, and buildings
to obtain the best visual screening; and
(4) Whether spacing between monopoles creates quantifiable detrimental impacts
to adjoining properties.
(5) If practical difficulties are demonstrated by the applicant or upon detailed
demonstration by the applicant that a proposed facility can be effectively
screened from the view of nearby sensitive land uses, the Planning
Commission may reduce a required setback from a residential zone provided
that no pole shall be closer than one and one-half times the height of the pole
to any dwelling.
SECTION 15:
AMENDMENT “12.67.090 Landmarks Commission
Review” of the Centerville Zoning Code is hereby amended as follows:
AMEN DMEN T
12.67.090 LandmarksHistoric Preservation Commission Review
Prior to considering a conditional use permit application for any facility within a historic district
or on a landmark site, the application shall be reviewed by the Historic Preservation
Landmarks Commission. The Historic Preservation Landmarks Commission shall review the
application with respect to the development standards set forth in this Chapter and standards
for issuance of a conditional use permit.
Page 20
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SECTION 16:
REPEALER CLAUSE All ordinances or resolutions or parts
thereof, which are in conflict herewith, are hereby repealed.
SECTION 17:
SEVERABILITY CLAUSE Should any part or provision of
this Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall
not affect the validity of the Ordinances a whole or any part thereof other than the part so
declared to be unconstitutional or invalid.
SECTION 18:
EFFECTIVE DATE This Ordinance shall be in full force
and effect from the date of adoption and after the required approval and publication according
to law.
PASSED AND ADOPTED BY THE CENTERVILLE CITY COUNCIL
_______________________________.
AYE
NAY
ABSENT
ABSTAIN
Cheylynn
Hayman
Gina Hirst
Robyn Meacham
Brian Plummer
Rick Bangerter
P residing O fficer
Attest
Clark A. Wilkinson, Mayor,
Centerville City
Jennifer Robison, City Recorder,
Centerville City
Page 21
Page 24 of 175
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Page 35 of 175
PLANNING
COMMISSION
Staff Report
8/12/2026
Item No. 2.
Title: Public Hearing - Municipal Code Amendments - Boundary Line Adjustments, Boundary Establishment,
and Exchange of Title changes - CMC 15.09.140 (Exchange of Title) - Legislative Decision
Initiated By: Sydney DeWees, Assistant Planner
Staff Representative: Sydney DeWees, Assistant Planner, Mike Eggett, Community Development Director,
Lisa Romney, City Attorney
SUBJECT:
Consider amendments to Section 15.09.140 of the Centerville Municipal Code regarding the addition of Code
language for Boundary Line Adjustments and Boundary Establishment (in complying with State statutes), and
the replacement of existing Exchange of Title Code language as found in CMC 15.09.140.
RECOMMENDATION:
Recommend approval of the Municipal Code text amendment proposal (for amendments to CMC 15.09.140) to
City Council.
BACKGROUND:
Over the last few years, the State Legislature has approved legislative bills modifying how boundary lines and
boundary line disputes are to be administered by local municipalities and counties. Following these code
changes, City staff has been working diligently to reference these State codes in making sure that boundary
line adjustment processing is compliant with processing requirements of these State Codes. That being said,
City staff has noticed discrepancies with the Exchange of Title (Boundary Adjustment) processing codes, as
currently found in CMC 15.09.140. Therefore, City staff felt it important to work on a draft code amendment to
change the Exchange of Title codes to reflect corrected and approved Utah State standards for processing
Boundary Line Adjustments. The term Boundary Line Adjustments will replace the term Exchange of Title in
the City Municipal Code, to better align with Utah State codes, given that the proposed draft language is
approved in the future by the City Council.
UPDATED INFORMATION: On November 6, 2025, the Utah Legislature amended Utah Code Sections 57-145.5, Conveyance Document for a Boundary Adjustment -- Form and Effect; 10-9a-907, Boundary
Establishment -- Process -- Boundary Agreement Not Subject to Review by Land Use Authority -- Prohibitions;
and 10-9a-906, Simple Boundary Adjustment -- Full Boundary Adjustment -- Process -- Review by Land Use
Authority. Centerville Municipal Code has not yet been updated to reflect these statutory changes.
To ensure compliance with current state law, staff is proposing amendments to Centerville Municipal Code
Section 15.09.140, Boundary Adjustments and Boundary Establishments, as well as Section 20.030, Boundary
Adjustment Fees. The proposed revisions are shown in the redlined version provided in the attached
250 North Main Street Centerville, Utah 84014
801.295.3477
Page 36 of 175
documentation.
The proposed amendments primarily align the City's procedures and application requirements with the updated
provisions of Utah State Code. The only additional requirement proposed by the City is that any plats or
surveys submitted with a boundary adjustment application include frontage measurements. This requirement
allows the City to verify compliance with the minimum frontage standards established in Municipal Code
Chapter 15.05 and the applicable zoning districts found in Sections 12.31 through 12.35. Including frontage
measurements ensures that a boundary adjustment does not create a parcel that fails to meet the City's
frontage requirements.
On July 22, 2026, at the conclusion of the review discussion and guidance from the Planning Commission
regarding their first review of the associated language proposal, staff briefly discussed scheduling a public
hearing for the proposed Code amendments. The Planning Commission directed City staff to schedule a public
hearing for August 12, 2026. A public hearing has hereafter been advertised and scheduled in accordance with
State and City public notification requirements. No public comments were provided prior to the completion of
this packet information. Any public commentary provided prior to the date of the meeting will be shared with the
Planning Commission during the meeting.
ATTACHMENTS:
1.
8.12.26 PC Staff Report Municipal Text Amend - BLA
2.
15.09.140 Redline Update 7.13.26 [PC Work Draft]
3.
15.09.140 Redline Update 7.13.26 [PC Clean Draft]
4.
15.09.140 Current Code
5.
18.080 Subdivison Ordinance Amendment Fees
6.
20.030 Boundary Adjustment Fees
7.
USC10-20-S906 Boundary Adjustment
8.
USC10-20-S907 Boundary Establishment
9.
USC57-1-S45.5 Convey for Bound Adjustment
10. (BLA- S) Boundary Line Adjustment- Simple
11. Boundary Line Adjustment - Simple BLA S
12. BLA S Workflow
13. (BLA- F) Boundary Line Adjustment- Full
14. Boundary Line Adjustment- Full BLA F
15. BLA F Workflow
16. S DeWees Email - Review Boundary Line [20260616]
17. 15.09.140 [1st Draft Version - OLD]
250 North Main Street Centerville, Utah 84014
801.295.3477
Page 37 of 175
Centerville City Planning Commission
COMMUNITY DEVELOPMENT DEPARTMENT
655 North 1250 West, Centerville, Utah 84014
(801) 292-8232
STAFF REPORT – PLANNING COMMISSION
AGENDA ITEM 2 – MUNICIPAL CODE TEXT AMENDMENT PROPOSAL
PETITIONER: CITY OF CENTERVILLE
APPLICATION: MUNICIPAL CODE TEXT AMENDMENT
RECOMMENDATION: RECOMMEND APPROVAL OF
MUNICIPAL CODE TEXT AMENDMENT
PROPOSAL TO CITY COUNCIL
BACKGROUND
On November 6, 2025, the Utah Legislature amended Utah Code Sections 57-1-45.5, Conveyance
Document for a Boundary Adjustment -- Form and Effect; 10-9a-907, Boundary Establishment -Process -- Boundary Agreement Not Subject to Review by Land Use Authority -- Prohibitions; and
10-9a-906, Simple Boundary Adjustment -- Full Boundary Adjustment -- Process -- Review by
Land Use Authority. Centerville Municipal Code has not yet been updated to reflect these statutory
changes.
To ensure compliance with current state law, staff is proposing amendments to Centerville
Municipal Code Section 15.09.140, Boundary Adjustments and Boundary Establishments, as well
as Section 20.030, Boundary Adjustment Fees. The proposed revisions are shown in the redlined
version provided in the attached documentation.
The proposed amendments primarily align the City's procedures and application requirements with
the updated provisions of Utah State Code. The only additional requirement proposed by the City
is that any plats or surveys submitted with a boundary adjustment application include frontage
measurements. This requirement allows the City to verify compliance with the minimum frontage
standards established in Municipal Code Chapter 15.05 and the applicable zoning districts found
in Sections 12.31 through 12.35. Including frontage measurements ensures that a boundary
adjustment does not create a parcel that fails to meet the City's frontage requirements.
August 12, 2026
Page 1 of 4
Page 38 of 175
Centerville City Planning Commission
On July 22, 2026, at the conclusion of the review discussion and guidance from the Planning
Commission regarding their first review of the associated language proposal, staff briefly
discussed scheduling a public hearing for the proposed Code amendments. The Planning
Commission directed City staff to schedule a public hearing for August 12, 2026. A public hearing
has hereafter been advertised and scheduled in accordance with State and City public notification
requirements. No public comments were provided prior to the completion of this packet
information. Any public commentary provided prior to the date of the meeting will hereafter be
shared with the Planning Commission during the meeting.
STAFF ANALYSIS AND COMMENTS
Typically, CZC 12.21.080(e) provides four factors to consider when reviewing a Zoning Code or
Zoning Map Amendment Application. Only the first factor applies to any Zoning Code Text
Amendments. Factor number one considers “whether the proposed Zoning Code or Zoning Map
amendment is consistent with goals, objectives, and policies of the General Plan”. With this being
a proposed Municipal Code Text Amendment that has zoning and land use implications, staff
utilized a similar form of review in consideration of the proposed Municipal Code Text
Amendments associated with land use and property lines activity.
Staff believes the proposed Municipal Code Text Amenements are consistent with the goals,
objectives, and policies of Centerville City’s General Plan.
STAFF CONCLUSION
As a result, City staff is recommending that the Planning Commission provide a favorable
recommendation to the City Council for consideration of the Municipal Code text amendment
proposal to the Centerville Municipal Code, Section 15.09.140 Boundary Adjustments and
Boundary Establishments, as well as Section 20.030 Boundary Adjustment Fees, as provided.
POTENTIAL MOTIONS
Based on the information provided by the Planning Staff, and as heard during the public hearing,
the Planning Commission may make a motion to recommend Council approval of this Municipal
Code text amendment proposal request, recommend Council approval of this request with
suggested amendment and/or modification, table the matter to a later date, or recommend Council
denial of the applicant’s request. With any of these decisions appropriate findings of fact should
be provided. Sample motions for the Planning Commission’s convenience are located below with
suggested findings of fact.
August 12, 2026
Page 2 of 4
Page 39 of 175
Centerville City Planning Commission
#1 – APPROVE
“I hereby make a motion to recommend City Council APPROVAL of the proposed Code Text
Amendments to Centerville Municipal Code Section 15.09.140 ‘Boundary Adjustments and
Boundary Establishments’, and Section 20.030 ‘Boundary Adjustment Fees’, based on the
following reasons for action (findings):
1. The Planning Commission finds that the proposed text amendments are consistent with
the goals, objectives, and policies of the General Plan.
2. The Planning Commission finds that the proposed text amendments do not create
detrimental or negative impacts to established zoning areas within Centerville City.
3. The Planning Commission finds that the proposed text amendments are in the best
interests of Centerville City.”
#2 – APPROVE WITH ANY PROPOSED ADDITIONAL AMENDMENTS
“I hereby make a motion to recommend City Council APPROVAL of the proposed Code Text
Amendments to Municipal Code Section 15.09.140 ‘Boundary Adjustments and Boundary
Establishments’, and Section 20.030 ‘Boundary Adjustment Fees’, with the language amendment
to the request (as provided by the Planning Commission) as follows _______________, based on
the following reasons for action (findings):”
(Use findings listed above for approval. The Planning Commission may include any
additional findings that are deemed applicable.)
#3 – TABLE
“I hereby make a motion to TABLE the proposed Code Text Amendments to Municipal Code
Section 15.09.140 ‘Boundary Adjustments and Boundary Establishments’, and Section 20.030
‘Boundary Adjustment Fees’, until such a time as _________________.”
#4 – DENY
“I hereby make a motion to recommend City Council DENIAL of the proposed Code Text
Amendments to Centerville Municipal Code Section 15.09.140 ‘Boundary Adjustments and
Boundary Establishments’, and Section 20.030 ‘Boundary Adjustment Fees’, based on the
following reasons for action (findings):
August 12, 2026
Page 3 of 4
Page 40 of 175
Centerville City Planning Commission
1. The Planning Commission finds that the proposed text amendments are NOT consistent
with the goals, objectives, and policies of the General Plan.
2. The Planning Commission finds that the proposed text amendments may create
detrimental or negative impacts to established zoning areas within Centerville City.
3. The Planning Commission finds that the proposed text amendments are NOT in the best
interests of Centerville City.”
(Planning Commission may include any additional findings that are deemed applicable)
August 12, 2026
Page 4 of 4
Page 41 of 175
15.09.140 Exchange Of Title Boundary Adjustments and Boundary Establishments
(a) Boundary adjustments shall be processed in accordance with Utah Code § 10-20-906 and this
Section. A boundary adjustment is an agreement between adjoining property owners to relocate
a common boundary that results in a conveyance of property between adjoining lots or parcels. A
boundary adjustment may not create an additional lot or parcel.In accordance with the provisions
of Utah Code § 10-9a-608, the owners of record of adjacent parcels that are described by either
a metes and bounds description or a recorded plat may exchange title to portions of those parcels
if the exchange of title is approved by the Zoning Administrator in accordance with the provisions
of this Section.
(b) Boundary adjustments shall be classified as either Simple Boundary Adjustments or Full
Boundary Adjustments as provided in this Section.
(1) Simple Boundary Adjustment. A person may propose a Simple Boundary Adjustment to
the Zoning Administrator. A proposal for a Simple Boundary Adjustment shall:
(A) Include a conveyance document that complies with Utah Code § 57-1-45.5; and
(B) Describe all lots or parcels affected by the proposed boundary adjustment.
(2) The Zoning Administrator shall consent to a proposed Simple Boundary Adjustment if the
Zoning Administrator verifies that the proposal satisfies Subsection (b)(1) and does not:
(A) Affect a public right-of-way, municipal utility easement, or other public property;
(B) Affect an existing easement, onsite wastewater system, or internal lot restriction;
or
(C) Result in a lot or parcel out of conformity with applicable land use regulations.
(b)
(3) If the Zoning Administrator determines that a proposed Simple Boundary Adjustment does not meet the
requirements of Subsection (b)(2), a Full Boundary Adjustment is required.An application for exchange of title approval
shall be filed in writing with the Community Development Director on forms provided by the City, and shall include, at a
minimum, the following:
(1) Three hard copies and one electronic copy of a survey, prepared by a licensed land
surveyor or professional engineer, accurately drawn to scale and certified, showing:
(A) The two affected lots or parcels;
(B) The location of existing buildings on the lots or parcels;
(C) The proposed location of the new lot or parcel line;
(D) Any existing easements, driveways, utilities and infrastructure improvements;
(E) The frontage calculations for the two lots before and after the exchange of title; and
(F) The size of the two lots before and after the exchange of title.
(2) The applicable fees and deposits as set forth in the City Fee Schedule.
(3) The proposed notice of approval and conveyance of title documents.
(c) Full Boundary Adjustment
Page 42 of 175
(1) To propose a Full Boundary Adjustment, the adjoining property owners shall submit a
proposal to the Zoning Administrator that includes:
(A) A conveyance document that complies with Utah Code § 57-1-45.5;
(B) A survey, prepared by a licensed land surveyor or professional engineer,
accurately drawn to scale and certified, that complies with Utah Code § 57-145.5(3)(b), including:
(A) (i) the frontage calculations for the lots before and after the boundary
adjustment; and
•
(ii) any additional information required by the Zoning Administrator to
verify compliance with the zoning regulations applicable to the subject
parcels;
(C) If required by this Title, a proposed plat amendment corresponding with the
proposed Full Boundary Adjustment, prepared in accordance with Utah Code §
10-20-811 and applicable City ordinances;
(D) A completed boundary line adjustment application submitted to the Zoning
Administrator in a form established by the Zoning Administrator or designee
along with any fees and deposits as set forth in the City Fee Schedule;
(E) Written approval of any proposed easement adjustments by all affected property
owners, easement holders, and other parties with a legal interest in the
easement.
(2) The Zoning Administrator shall provide consent to a proposed Full Boundary Adjustment
if:
(A) The proposal includes all information required by Subsection (c)(1);
(B) The survey required by Subsection (c)(1)(B) shows no evidence of a violation of a
land use regulation; and
(B) (C) If a corresponding plat amendment is required by City ordinance, the plat
amendment has been approved in accordance with Utah Code § 10-20-811; and
The Zoning Administrator shall review all applications for exchange of title
approval and shall approve such requests if the exchange of title will not result in
a violation of any land use ordinance of the City.
(C) The boundary adjustment does not result in the creation of a new parcel.
(d) Consent to a boundary adjustment under this Section is an administrative act. The Zoning
Administrator shall provide notice of consent to the person proposing the boundary adjustment in
a format that makes clear that:
(1) The City and the Zoning Administrator are not responsible for any error related to the
boundary adjustment; and
(2) The Davis County Recorder may record the boundary adjustment, as set forth in Utah
Code § 10-20-906;
(3) The descriptions of both the original parcels and the parcels created by the boundary
adjustment have been provided and correctly described; and
(4) Acknowledgement for each party executing the notice is in accordance with the
Page 43 of 175
provisions of the Utah Recognition of Acknowledgements Act, as set forth in Utah Code
§ 57-2a-1, et seq.
(c) No exchange of title shall be permitted which would result in the creation of a new dwelling lot or
housing unit or the creation of a remnant piece of land that did not previously exist.
(e) A boundary adjustment is effective on the day the boundary adjustment, as consented to by the
Zoning Administrator, is recorded by the Davis County Recorder along with the relevant
conveyance document in accordance with Utah Code §§ 10-20-906 and 57-1-45.5
(f) A notice of approval recorded under this Section does not act as a conveyance of title to real
property. If a boundary line adjustment is approved by the Zoning Administrator, the applicant
shall also be required to file and record a conveyance of title reflecting the approved change with
the Davis County Recorder’s Office.
(g) The recording of a boundary adjustment does not constitute a land use approval.
(h) Boundary Establishments
(1) The owners of adjoining property may initiate a Boundary Establishment to resolve an
ambiguous, uncertain, or disputed boundary between adjoining properties and to agree
upon the location of an existing common boundary between the adjoining properties.
(2) Adjoining property owners executing a Boundary Establishment shall:
(A) Prepare an establishment document that complies with Utah Code § 57-1-45;
and
(B) Record the Boundary Establishment with the Davis County Recorder in
accordance with Utah Code § 57-1-45.
(3) A Boundary Establishment is not subject to review by the City or the Zoning
Administrator and does not require the consent or approval of the City or the Zoning
Administrator before it may be recorded.
(4) A Boundary Establishment is effective on the day it is recorded by the Davis County
Recorder.
(5) Nothing in this Subsection prohibits the City from enforcing applicable land use
regulations in accordance with state law.
(d) If an exchange of title is approved by the Zoning Administrator, a notice of approval
acceptable to the City shall be recorded in the Davis County Recorder’s Office, which
notice of approval shall:
(1) Be executed by each owner included in the exchange and by the Zoning Administrator;
(2) Contain an acknowledgment for each party executing the notice in accordance with the
provision of the Utah Recognition of Acknowledgments Act, as set forth in Utah Code §§
57-2a-1, et seq.; and
(3) Recite the descriptions of both the original parcels and the parcels created by the
exchange of title.
(e) A notice of approval recorded under this Section does not act as a conveyance of
title to real property. If an exchange of title is approved by the Zoning Administrator, the
applicant shall also be required to file and record a conveyance of title reflecting
Page 44 the
of 175
approved changed with the Davis County Recorder’s Office.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
Page 45 of 175
15.09.140 Boundary Adjustments and Boundary Establishments
(a) Boundary adjustments shall be processed in accordance with Utah Code § 10-20-906 and this
Section. A boundary adjustment is an agreement between adjoining property owners to relocate
a common boundary that results in a conveyance of property between adjoining lots or parcels. A
boundary adjustment may not create an additional lot or parcel.
(b) Boundary adjustments shall be classified as either Simple Boundary Adjustments or Full
Boundary Adjustments as provided in this Section.
(1) Simple Boundary Adjustment. A person may propose a Simple Boundary Adjustment to
the Zoning Administrator. A proposal for a Simple Boundary Adjustment shall:
(A) Include a conveyance document that complies with Utah Code § 57-1-45.5; and
(B) Describe all lots or parcels affected by the proposed boundary adjustment.
(2) The Zoning Administrator shall consent to a proposed Simple Boundary Adjustment if the
Zoning Administrator verifies that the proposal satisfies Subsection (b)(1) and does not:
(A) Affect a public right-of-way, municipal utility easement, or other public property;
(B) Affect an existing easement, onsite wastewater system, or internal lot restriction;
or
(C) Result in a lot or parcel out of conformity with applicable land use regulations.
(3) If the Zoning Administrator determines that a proposed Simple Boundary Adjustment does
not meet the requirements of Subsection (b)(2), a Full Boundary Adjustment is required.
(c) Full Boundary Adjustment
(1) To propose a Full Boundary Adjustment, the adjoining property owners shall submit a
proposal to the Zoning Administrator that includes:
(A) A conveyance document that complies with Utah Code § 57-1-45.5;
(B) A survey, prepared by a licensed land surveyor or professional engineer,
accurately drawn to scale and certified, that complies with Utah Code § 57-145.5(3)(b), including:
(i)
the frontage calculations for the lots before and after the
boundary adjustment; and
(ii)
any additional information required by the Zoning Administrator
to verify compliance with the zoning regulations applicable to
the subject parcels;
(C) If required by this Title, a proposed plat amendment corresponding with the
proposed Full Boundary Adjustment, prepared in accordance with Utah Code §
10-20-811 and applicable City ordinances;
(D) A completed boundary line adjustment application submitted to the Zoning
Administrator in a form established by the Zoning Administrator or designee
along with any fees and deposits as set forth in the City Fee Schedule;
Page 46 of 175
(E) Written approval of any proposed easement adjustments by all affected property
owners, easement holders, and other parties with a legal interest in the
easement.
(2) The Zoning Administrator shall provide consent to a proposed Full Boundary Adjustment
if:
(A) The proposal includes all information required by Subsection (c)(1);
(B) The survey required by Subsection (c)(1)(B) shows no evidence of a violation of a
land use regulation; and
(C) If a corresponding plat amendment is required by City ordinance, the plat
amendment has been approved in accordance with Utah Code § 10-20-811; and
The boundary adjustment does not result in the creation of a new parcel.
(d) Consent to a boundary adjustment under this Section is an administrative act. The Zoning
Administrator shall provide notice of consent to the person proposing the boundary adjustment in
a format that makes clear that:
(1) The City and the Zoning Administrator are not responsible for any error related to the
boundary adjustment;
(2) The Davis County Recorder may record the boundary adjustment, as set forth in Utah
Code § 10-20-906;
(3) The descriptions of both the original parcels and the parcels created by the boundary
adjustment have been provided and correctly described; and
(4) Acknowledgement for each party executing the notice is in accordance with the
provisions of the Utah Recognition of Acknowledgements Act, as set forth in Utah Code
§ 57-2a-1, et seq.
(e) A boundary adjustment is effective on the day the boundary adjustment, as consented to by the
Zoning Administrator, is recorded by the Davis County Recorder along with the relevant
conveyance document in accordance with Utah Code §§ 10-20-906 and 57-1-45.5
(f) A notice of approval recorded under this Section does not act as a conveyance of title to real
property. If a boundary line adjustment is approved by the Zoning Administrator, the applicant
shall also be required to file and record a conveyance of title reflecting the approved change with
the Davis County Recorder’s Office.
(g) The recording of a boundary adjustment does not constitute a land use approval.
(h) Boundary Establishments
(1) The owners of adjoining property may initiate a Boundary Establishment to resolve an
ambiguous, uncertain, or disputed boundary between adjoining properties and to agree
upon the location of an existing common boundary between the adjoining properties.
(2) Adjoining property owners executing a Boundary Establishment shall:
(A) Prepare an establishment document that complies with Utah Code § 57-1-45;
and
(B) Record the Boundary Establishment with the Davis County Recorder in
accordance with Utah Code § 57-1-45.
Page 47 of 175
(3) A Boundary Establishment is not subject to review by the City or the Zoning
Administrator and does not require the consent or approval of the City or the Zoning
Administrator before it may be recorded.
(4) A Boundary Establishment is effective on the day it is recorded by the Davis County
Recorder.
(5) Nothing in this Subsection prohibits the City from enforcing applicable land use
regulations in accordance with state law.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
Page 48 of 175
15.09.140 Exchange Of Title
(a) In accordance with the provisions of Utah Code § 10-9a-608, the owners of record of adjacent
parcels that are described by either a metes and bounds description or a recorded plat may
exchange title to portions of those parcels if the exchange of title is approved by the Zoning
Administrator in accordance with the provisions of this Section.
(b) An application for exchange of title approval shall be filed in writing with the Community
Development Director on forms provided by the City, and shall include, at a minimum, the
following:
(1) Three hard copies and one electronic copy of a survey, prepared by a licensed land
surveyor or professional engineer, accurately drawn to scale and certified, showing:
(A) The two affected lots or parcels;
(B) The location of existing buildings on the lots or parcels;
(C) The proposed location of the new lot or parcel line;
(D) Any existing easements, driveways, utilities and infrastructure improvements;
(E) The frontage calculations for the two lots before and after the exchange of title;
and
(F) The size of the two lots before and after the exchange of title.
(2) The applicable fees and deposits as set forth in the City Fee Schedule.
(3) The proposed notice of approval and conveyance of title documents.
(c) The Zoning Administrator shall review all applications for exchange of title approval and shall
approve such requests if the exchange of title will not result in a violation of any land use
ordinance of the City.
(d) No exchange of title shall be permitted which would result in the creation of a new dwelling lot or
housing unit or the creation of a remnant piece of land that did not previously exist.
(e) If an exchange of title is approved by the Zoning Administrator, a notice of approval acceptable
to the City shall be recorded in the Davis County Recorder’s Office, which notice of approval
shall:
(1) Be executed by each owner included in the exchange and by the Zoning Administrator;
(2) Contain an acknowledgment for each party executing the notice in accordance with the
provision of the Utah Recognition of Acknowledgments Act, as set forth in Utah Code §§
57-2a-1, et seq.; and
(3) Recite the descriptions of both the original parcels and the parcels created by the
exchange of title.
(f) A notice of approval recorded under this Section does not act as a conveyance of title to real
property. If an exchange of title is approved by the Zoning Administrator, the applicant shall also
be required to file and record a conveyance of title reflecting the approved changed with the
Davis County Recorder’s Office.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
Page 49 of 175
Page 50 of 175
18.080 Subdivision Ordinance Amendment
The following fees shall apply to subdivision ordinance amendments.
Subdivision Ordinance
Fee
Professional Services
When Due
Deposit 1
Subdivision Ordinance Amendments $250 $250
Upon Application
1. Applicants shall be required to pay the cost of required engineering, consulting, and/or legal
services actually incurred by the City for applications to amend City Ordinances in accordance
with CFS 18.040. The Professional Services Deposit will be used and applied toward such
services costs actually incurred by the City.
HISTORY
Adopted by Res. 2017-18 on 8/15/2017
Page 51 of 175
20.030 Boundary Adjustments
The following fees shall apply to boundary adjustments.
Boundary
Adjustments
Exchange of Title
Simple
Lot Line Adjustment
(Two Adjoining Lots)
Full
Parcel Boundary
Adjustment (Two
Adjoining
Parcels)Establishment
Boundary Line
Agreement (Disputed
Property Line)
Fee
$125
$375
See Plat
Amendment $500
Professional
Services Deposit
$250
When Due
See Plat
Amendment
Upon Application
Not Regulated by
City
-
Upon Application
See Plat
Amendment
-
Not Regulated by
City
-
-
Page 52 of 175
Utah Code
Effective 11/6/2025
10-20-906 Simple boundary adjustment -- Full boundary adjustment -- Process -- Review by
land use authority.
(1) A person may propose a simple boundary adjustment to a land use authority as described in
this section.
(2) A proposal for a simple boundary adjustment shall:
(a) include a conveyance document that complies with Section 57-1-45.5; and
(b) describe all lots or parcels affected by the proposed boundary adjustment.
(3) A land use authority shall consent to a proposed simple boundary adjustment if the land use
authority verifies that the proposed simple boundary adjustment:
(a) meets the requirements of Subsection (2); and
(b) does not:
(i) affect a public right-of-way, municipal utility easement, or other public property;
(ii) affect an existing easement, onsite wastewater system, or an internal lot restriction; or
(iii) result in a lot or parcel out of conformity with land use regulations.
(4) If the land use authority determines that a proposed simple boundary adjustment does not meet
the requirements of Subsection (3), a full boundary adjustment is required.
(5) To propose a full boundary adjustment, the adjoining property owners shall submit a proposal
to the land use authority that includes:
(a) a conveyance document that complies with Section 57-1-45.5;
(b) a survey that complies with Subsection 57-1-45.5(3)(b); and
(c) if required by municipal ordinance, a proposed plat amendment corresponding with the
proposed full boundary adjustment, prepared in accordance with Section 10-20-811.
(6) A land use authority shall consent to a proposed full boundary adjustment made under
Subsection (5) if:
(a) the proposal submitted to the land use authority under Subsection (5) includes all necessary
information;
(b) the survey described in Subsection (5)(b) shows no evidence of a violation of a land use
regulation; and
(c) if required by municipal ordinance, the plat amendment corresponding with the proposed full
boundary adjustment has been approved in accordance with Section 10-20-811.
(7)
(a) Consent under Subsection (3) or (6) is an administrative act.
(b) Notice of consent under Subsection (3) or (6) shall be provided to the person proposing the
boundary adjustment in a format that makes clear:
(i) the land use authority is not responsible for any error related to the boundary adjustment;
and
(ii) a county recorder may record the boundary adjustment.
(8) A boundary adjustment is effective from the day on which the boundary adjustment, as
consented to by the land use authority, is recorded by a county recorder along with the relevant
conveyance document.
(9) The recording of a boundary adjustment does not constitute a land use approval.
(10) A municipality may enforce municipal ordinances against, or withhold approval of a land
use application for, property that is subject to a boundary adjustment if the municipality
determines that the resulting lots or parcels are not in compliance with the municipality's land
use regulations in effect on the day on which the boundary adjustment is recorded.
Renumbered and Amended by Chapter 15, 2025 Special Session 1
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Page 53 of 175
Utah Code
Page 2
Page 54 of 175
Utah Code
Effective 11/6/2025
10-20-907 Boundary establishment -- Process -- Boundary agreement not subject to review
by land use authority -- Prohibitions.
(1) The owners of adjoining property may initiate a boundary establishment to:
(a) resolve an ambiguous, uncertain, or disputed boundary between the adjoining properties; and
(b) agree upon the location of an existing common boundary between the adjoining properties.
(2) Adjoining property owners executing a boundary establishment described in Subsection (1)
shall:
(a) prepare an establishment document that complies with Section 57-1-45; and
(b) record the boundary establishment with the county recorder for the county in which the
property exists, in accordance with Section 57-1-45.
(3) A boundary establishment:
(a) is not subject to review of a land use authority; and
(b) does not require consent or approval from a land use authority before it may be recorded.
(4) A boundary establishment is effective from the day it is recorded by a county recorder.
(5) A municipality may enforce municipal ordinances against property with a boundary
establishment that violates a land use regulation.
(6) A boundary establishment that complies with this section presumptively:
(a) has no detrimental effect on any easement on the property that is recorded before the day on
which the agreement is executed; and
(b) conveys the ownership of the adjoining parties to the established common boundary.
Renumbered and Amended by Chapter 15, 2025 Special Session 1
Page 1
Page 55 of 175
Utah Code
Effective 11/6/2025
57-1-45.5 Conveyance document for a boundary adjustment -- Form and effect.
(1) A conveyance document, as defined in Sections 10-20-102 and 17-79-102, for a boundary
adjustment shall comply with this section.
(2) A conveyance document shall include:
(a) the name and signature of each party to the conveyance document;
(b) the address of each party to the conveyance document for assessment purposes;
(c) a legal description of the parcel or lot owned by each party before the boundary adjustment;
(d) a legal description of the parcel or lot owned by each party after the boundary adjustment;
and
(e) sufficient language to convey title from one party to another party, in conformity with the
proposed boundary adjustment.
(3) In addition to the information required in Subsection (2), a conveyance document shall include
as an exhibit, in a legible and recordable format:
(a) a visual or graphic of the proposed boundary adjustment and all properties affected by the
proposed boundary adjustment, depicting:
(i) the former boundary location;
(ii) the new boundary location; and
(iii) the size, shape, and dimensions of each adjusted parcel or lot;
(b) if the property owners have conducted a survey, a reference to the record of the survey map,
as defined in Section 17-73-504, showing:
(i) existing dwellings, outbuildings, improvements, and other physical features;
(ii) existing easements, rights-of-way, conditions, or restrictions recorded or apparent;
(iii) the former boundary location;
(iv) the new boundary location;
(v) the size, shape, and dimensions of each adjusted lot or adjusted parcel; and
(vi) other existing or proposed improvements that impact or are subject to land use regulations;
and
(c) if the conveyance document addresses a boundary adjustment that requires an amendment
to a subdivision plat under Section 10-20-906 or 17-79-806, the amendment to the
subdivision plat.
(4)
(a) A conveyance document is effective on the day it is recorded as part of a boundary
adjustment.
(b) Before recording a conveyance document, a county recorder shall confirm that the
conveyance document is:
(i) in a legible and recordable format, including any exhibit to the conveyance document; and
(ii) accompanied by a notice of consent to the boundary adjustment from a land use authority
under Subsection 10-20-906(3) or (6) or Subsection 17-79-806(3) or (6).
(c) Upon receipt of a conveyance document, or any exhibit to a conveyance document, that is
not in a legible and recordable format, a county recorder shall provide the person submitting
the conveyance document with an explanation of the corrections necessary to record the
conveyance document.
(5) The recording of a boundary adjustment presumptively:
(a) relocates an existing boundary by creating a new boundary between the adjoining properties;
(b) changes the size, shape, or configuration of two or more adjoining lots or parcels;
(c) does not affect any previously recorded easement unless the easement is expressly and
properly modified by the boundary adjustment; and
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Page 56 of 175
Utah Code
(d) affixes the ownership of the adjoining parties to the adjusted boundary.
Amended by Chapter 15, 2025 Special Session 1
Page 2
Page 57 of 175
CENTERVILLE CITY BOUNDARY LINE ADJUSTMENT SIMPLE CHECKLIST
Boundary Line Adjustment Simple – Completeness Checklist
The following application, information, fees, and documentation is required for a Boundary Line Adjustment Simple
application completeness review.
Project Name:
Date:
TRACKING HISTORY:
Application Submitted:
Completeness Checklist DRC Meeting (1):
Completeness Checklist DRC Meeting (2)
X–
Application Requirement
Code
Reference
15.09.140
20.030
Boundary
Adjustments
15.09.140
Department
List of current owners of each property as
indicated by current records of the Davis County
Recorder’s Office.
Signed Property Owner Affidavit from each
property owner
Provide a Statement describing the proposed
changes and why the changes are taking place.
Current Legal description of both parcels.
Proposed legal description of both parcels.
Copies of any agreements with adjacent property
owners relevant to the proposed boundary line
adjustment.
Survey will include the following:
One (1) electronic copy of a survey
Stamp of licensed land surveyor or professional
engineer
The name and addresses of the engineer or
surveyor for contacting purposes.
15.09.140
Planning
15.09.140
15.09.140
Planning/
Legal
Planning
15.09.140
15.09.140
15.09.140
Legal
Legal
Legal
15.09.140
15.09.140
Planning
Planning
Survey tie to the State grid or other permanent
established marker in Davis County.
15.09.140
Complete Online Application Form
Application Fees
Conveyance of Title Documents
Comments
Planning
Planning
Legal
Utah State Code § 57-145.5
Commented [SD1]: Utah Code Section 57-1-45.5
Planning
Engineering
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Page 58 of 175
The two affected lots or parcels
The proposed location of the new lot or parcel line
The size of the two lots before and after the exchange
15.09.140
15.09.140
15.09.140
The frontage calculations for the two lots before and
after the exchange of title
The location of existing buildings on the lots or
parcels
Any existing easements, driveways, utilities and
infrastructure improvements
15.09.140
15.09.140
15.09.140
Planning
Planning
Planning/
Engineering
Planning/
Engineering
Planning
Planning/
Public Works
If a Simple Boundary Line Adjustment approved by the Zoning Administrator, a notice of approval acceptable to the City
shall be recorded in the Davis County Recorder’s Office, which notice of approval shall state:
1. The land use authority is not responsible for any error related to the boundary adjustment , as set forth in
Utah Code § 10-20-906;
2. Davis County may record the boundary adjustment, as set forth in Utah Code § 10-20-906;
3. Whom each owner included in the exchange;
4. The descriptions of both the original parcels and the parcels created by the exchange of title;
5. Acknowledgment for each party executing the notice in accordance with the provision of the Utah
Recognition of Acknowledgments Act, as set forth in Utah Code §§ 57-2a-1, et seq; and
6. Be from the City Zoning Administrator;
A notice of approval recorded under this Section does not act as a conveyance of title to real property. If a boundary line
adjustment is approved by the Zoning Administrator, the applicant shall also be required to file and record a conveyance
of title reflecting the approved changed with the Davis County Recorder’s Office.
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Page 59 of 175
BLA-S
Orange text optional fields
Contact Information
Applicant
Name, Email, Phone, Preferred form of contact
Preferred form of contact
Phone, Email
Property Owner(s)
Name, Email, Phone, Preferred form of contact
Preferred form of contact
Phone, Email
Engineer
Name, Email, Phone
Surveyor
Name, Email, Phone
Project manager
Name, Email, Phone
Property Owner Authorization
Signature from all property owners
Print Notary form here:
Title Report for the Properties
A title repot (preliminary title report) is a research document prepared by a title company that
list the current legal owners, property description, and any recorded liens, easements, or
encumbrances.
Warranty Deed
A warranty deed is a legal document used to transfer ownership (title) of real estate from one
party (the grantor) to another (the grantee). It guarantees that the seller holds clear title to the
property and has the legal right to sell it.
Any agreements with adjacent property owners?
Yes, No
If yes, please explain
Submittal Needed
Property Information
Insert zoning Map link
Explanation: To find the following information Please visit the Cities interactive Zoning Map.
In the search bar inter your address, click on the parcel and the following information will be
available.
Project Address (1)
Parcel Number
Acreage
Zoning
Agriculture-Low (A-L), Commercial-High (C-H), Commercial-Medium (C-M), CommercialVery High (C-VH), Florentine Villa Special District, Industrial-High (I-H), Industrial-Very
High (I-VH), Public Facility -Medium( PF-M), Public Facility -Very High (PF-VH), Public
Facility-High (PF-H), Public Facility-Low( PF-L), Residential-High (R-H), Residential-Very
High(R-VH), Residential-Medium (RH-M), Residential-Low (R-L), Shorelands Commerce
Park
Is property ( 1) located in the Hillside Overlay Zone?
Yes, No Use the city Zoning Map:
https://experience.arcgis.com/experience/e89f86d44a1843fa8d9dd580208e3542/ make sure to
check Zoning- Hillside Overlay, there will be cross hatch marks on your property
1|P a g e
Page 60 of 175
Is property ( 1) located in the Historic District?
Yes, No Use the city Zoning Map:
https://experience.arcgis.com/experience/e89f86d44a1843fa8d9dd580208e3542/ make sure to
check Zoning- Deuel Creek Historic District, there will be dots on your property if you are
Is property ( 1) part of a Planned Development Overlay or
Planned Unit Development?
Yes, No
If yes, please provide the Name and year
Is property ( 1) part of a Community Development
Authority?
Yes, No
If yes, please provide the Name and year
Parcel Number
Acreage
Zoning
Agriculture-Low (A-L), Commercial-High (C-H), Commercial-Medium (C-M), CommercialVery High (C-VH), Florentine Villa Special District, Industrial-High (I-H), Industrial-Very
High (I-VH), Public Facility -Medium( PF-M), Public Facility -Very High (PF-VH), Public
Facility-High (PF-H), Public Facility-Low( PF-L), Residential-High (R-H), Residential-Very
High(R-VH), Residential-Medium (RH-M), Residential-Low (R-L), Shorelands Commerce
Park
Is property (2) located in the Hillside Overlay Zone?
Yes, No Use the city Zoning Map:
https://experience.arcgis.com/experience/e89f86d44a1843fa8d9dd580208e3542/ make sure to
check Zoning- Hillside Overlay, there will be cross hatch marks on your property
Is property (2) located in the Historic District?
Yes, No Use the city Zoning Map:
https://experience.arcgis.com/experience/e89f86d44a1843fa8d9dd580208e3542/ make sure to
check Zoning- Deuel Creek Historic District, there will be dots on your property if you are
Is property (2) part of a Planned Development Overlay or
Planned Unit Development?
Yes, No
If yes, please provide the Name and year
Is property (2) part of a Community Development
Authority?
Yes, No
If yes, please provide the Name and year
Are the parcels part of a planned center?
Yes, No ( Explanation: Planned Center definition per CZC 12. 12 Planned Center: A
development comprised of mixed uses where landscaping, parking and other improvements
are provided in a comprehensive and integrated fashion pursuant to a conditional use permit.)
Do the parcels contain lands which are reserved in private
ownership for community use, including common areas
If yes, please submit the name, proposed articles of incorporation and bylaws of the owner, or
organization empowered to own, maintain and pay taxes on such lands and common areas
Simple Qualifying factors
Yes, No
Does the Boundary adjustment affect a public right-of-way,
municipal utility easement, or other public property?
If yes, then a Full Boundary Line Adjustment is needed. Be prepared to provide the name and
address of each owner of record of land that is adjacent to the public street, right-of-way, or
easement, or accessed exclusively by or within 300 feet of the public street, right-of-way, or
easement, and the signature of each owner under who consents to the vacation.
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Does the Boundary adjustment affect an existing easement,
onsite wastewater system, or internal lot restriction?
Yes, No
If yes, then a Full Boundary Line Adjustment is needed.
Yes, No
Does the Boundary adjustment create a lot or parcel that does If yes, then you will need to contact the Community Development Department before
not conform to the city zoning code regulations?
proceeding. And will need a Full Boundary Line Adjustment
Simple
Checklist
Current Survey
Please upload the current survey with all the items required in CMC Municipal Code
15.09.140
Proposed Survey
Please upload the proposed survey with all the items required in CMC Municipal Code
15.09.140
Current Legal Description of Parcels with associated parcel
numbers
Proposed Legal Description of Parcels with associated parcel
numbers
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A: applicant
Simple Boundary Line Adjustment Workflow
P: planner
E: Eco. Dev.
CA: City
R: City
(Syd)
Director
Attorney
Recorder
(Mike)
A: Applies
A: Pays Fees
P: Get notified
P: Review materials that A submitted and create checklist
P: Communicates with A if additional items are needed
A: Gets P Additional items needed/ updates
P: Creates staff report
P: Compiles file folder for exhibits
P: Emails E staff report and exhibits
E: Reviews staff report, exhibit, and makes edits if necessary
E: Emails CA for compliance review and makes update request if necessary
E: Writes Notice of Approval letter is emailed to A, CA, and R
A: File and records a conveyance of title reflecting the approved changed with the Davis
County Recorder’s Office
Page 63 of 175
CENTERVILLE CITY BOUNDARY LINE ADJUSTMENT FULL CHECKLIST
Boundary Line Adjustment Full – Completeness Checklist
The following application, information, fees, and documentation is required for a Boundary Line Adjustment Full
application completeness review. Upon review, the Zoning Administrator can request the Boundary line Adjustment
require more than a survey and become a formalized Plat. If the Zoning Administrator requires a plat be recorded,
the plat must meet the city Details and Drawlings along with the requirements for a plat found in City Municipal
Code, Chapter 15.
Project Name:
Date:
TRACKING HISTORY:
Application Submitted:
Completeness Checklist DRC Meeting (1):
Completeness Checklist DRC Meeting (2)
X–
Application Requirement
Complete Online Application Form
Application Fees
Conveyance of Title Documents
List of current owners of each property as
indicated by current records of the Davis County
Recorder’s Office.
Signed Property Owner Affidavit from each
property owner
Provide a Statement describing the proposed
changes and why the changes are taking place.
Current Legal description of both parcels.
Proposed legal description of both parcels.
Copies of any agreements with adjacent property
owners relevant to the proposed boundary line
adjustment.
Survey will include the following:
One (1) electronic copy of a survey
Stamp of licensed land surveyor or professional
engineer
Code
Reference
15.09.140
20.030
Boundary
Adjustments
15.09.140
Department
15.09.140
Planning
15.09.140
15.09.140
Planning/
Legal
Planning
15.09.140
15.09.140
15.09.140
Legal
Legal
Legal
15.09.140
15.09.140
Planning
Planning
Comments
Planning
Planning
Legal
Utah State Code § 57-145.5
Commented [SD1]: Utah Code Section 57-1-45.5
1|Page
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The name and addresses of the engineer or
surveyor for contacting purposes.
Planning
Survey tie to the State grid or other permanent
established marker in Davis County.
All affected lots or parcels
The proposed location of the new lot or parcel line
The size of the two lots before and after the exchange
15.09.140
Engineering
15.09.140
15.09.140
15.09.140
The frontage calculations for the two lots before and
after the exchange of title
The location of existing buildings, structures,
improvements, or any other physical feature on the
lots or parcels
Any existing easements, driveways, utilities and
infrastructure improvements
15.09.140
Planning
Planning
Planning/
Engineering
Planning/
Engineering
Planning
15.09.140
15.09.140
Planning/
Public Works
15.004.030
City Recorder
15.04.030
City Recorder
15.04.030
Planning/Legal
15.04.030
Planning/Legal
15.04.030
Legal
15.04.030
Legal
15.04.030
Planning/
Engineering
Plat will include the following:
Printed on tracing linen with the outside or trim line
dimensions of 19" by 30" and the border line of the
plat shall be drawn in heavy lines leaving a space of at
least 1.5" on the left side and at least 0.5" margin on
the other sides
Markings shall be made on the tracing linen, mylar, or
comparable material, with approved waterproof black
ink
Signature block for:
□ authorized parties
□ property owners
□ lienholders
Blocks for signature:
□ Community Development Director
□ City Engineer
□ City Attorney
□ Mayoral Approval (a signature line for the
Mayor and an attestation by the City
Recorder)
□ Davis County Recorder in the lower right
corner
Owners dedication certificate and signature line for
each property owner of record and significant
lienholders
Notary public's acknowledgment for each signature on
the plat
Certification of the accuracy of the plat and any
traverse to permanent survey monuments by a land
surveyor registered to practice in the State of Utah. (
Registered land surveyor's "Certificate of Survey”)
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The location and dimensions to the nearest existing
bench mark or monument, and section line.
A correct metes and bounds description of all property
included within the plat
An accurate and complete survey to second order
accuracy
A traverse of the exterior boundaries of the tract, and
of each block, when computed from field
measurements on the ground shall close within a
tolerance of one foot to 20,000 feet.
The boundary lines of all lots tied to public survey
monuments in the project showing:
� Bearings
� Distances
� Dimensions
� Square footage
� Orientation
� Topography
(lines shall be slightly heavier than street and lot lines)
Depiction of the survey mathematical information(
bearing and distances), and data necessary to locate all
monuments and to locate and retrace all interior and
exterior boundary lines:
� straight lines
� central angle
� radius and arc length of curves
Depiction of the calculated Davis County coordinates
for all property corners and monuments within the
plat
Lot and boundary closure calculated to the nearest
100th of a foot.
Public dedicated lots, blocks, and parcels are
delineated and designated with dimensions,
boundaries and courses clearly shown and defined. A
plat note describing the ownership and maintenance
responsibilities.
Parcels offered for dedication other than for streets or
easements shall be clearly designated on the plat with
dedication and ownership designation. A plat note
describing the ownership and maintenance
responsibilities.
Square footage of each lot and parcel
Sufficient linear, angular and curved data shall be
shown to determine readily the bearing and length of
the boundary lines of every block, lot and parcel
which is a part thereof. No ditto marks shall be used
for lot dimensions.
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Engineering
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Engineering
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Engineering
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Engineering
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Engineering
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Planning
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Planning
Engineering
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Depiction of all the side lines proposed easements of
record by fine dashed lines, clearly labeled, have
widths depicted, and sufficient ties thereto to
definitely locate the same with respect to the plat as
shown on the title report
Depiction of all the side lines of all existing
easements of record by fine dashed lines, clearly
labeled, have widths depicted, and sufficient ties
thereto to definitely locate the same with respect to
the plat as shown on the title report
Depiction of all stakes, monuments and other
evidence indicating the boundaries of the plat as
found on the site ( Any monument or bench mark that
is disturbed or destroyed before acceptance of all
improvements, shall be replaced)
Depiction of all monuments placed in making the
survey, including a statement as to what, if any, points
were reset by ties
All right of way monuments at angle points and
intersections as approved by the City Engineer
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Engineering
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Engineering
If a Full Boundary Line Adjustment approved by the Zoning Administrator, a notice of approval acceptable to the City
shall be recorded in the Davis County Recorder’s Office, which notice of approval shall state:
1. The land use authority is not responsible for any error related to the boundary adjustment , as set forth in
Utah Code § 10-20-906;
2. Davis County may record the boundary adjustment, as set forth in Utah Code § 10-20-906;
3. Whom each owner included in the exchange;
4. The descriptions of both the original parcels and the parcels created by the exchange of title;
5. Acknowledgment for each party executing the notice in accordance with the provision of the Utah
Recognition of Acknowledgments Act, as set forth in Utah Code §§ 57-2a-1, et seq; and
6. Be from the City Zoning Administrator;
A notice of approval recorded under this Section does not act as a conveyance of title to real property. If a boundary line
adjustment is approved by the Zoning Administrator, the applicant shall also be required to file and record a conveyance
of title reflecting the approved changed with the Davis County Recorder’s Office.
4|Page
Page 67 of 175
BLA-F
Orange text optional fields
Contact Information
Applicant
Name, Email, Phone, Preferred form of contact
Preferred form of contact
Phone, Email
Property Owner(s)
Name, Email, Phone, Preferred form of contact
Preferred form of contact
Phone, Email
Engineer
Name, Email, Phone
Surveyor
Name, Email, Phone
Project manager
Name, Email, Phone
Property Owner Authorization
Signature from all property owners
Print Notary form here:
Title Report for the Properties
A title repot (preliminary title report) is a research document prepared by a title company that
list the current legal owners, property description, and any recorded liens, easements, or
encumbrances.
Warranty Deed
A warranty deed is a legal document used to transfer ownership (title) of real estate from one
party (the grantor) to another (the grantee). It guarantees that the seller holds clear title to the
property and has the legal right to sell it.
Any agreements with adjacent property owners?
Yes, No
If yes, please explain
Submittal Needed
Property Information
Insert zoning Map link
Explanation: To find the following information Please visit the Cities interactive Zoning Map.
In the search bar inter your address, click on the parcel and the following information will be
available.
Project Address (1)
Parcel Number
Acreage
Zoning
Agriculture-Low (A-L), Commercial-High (C-H), Commercial-Medium (C-M), CommercialVery High (C-VH), Florentine Villa Special District, Industrial-High (I-H), Industrial-Very
High (I-VH), Public Facility -Medium( PF-M), Public Facility -Very High (PF-VH), Public
Facility-High (PF-H), Public Facility-Low( PF-L), Residential-High (R-H), Residential-Very
High(R-VH), Residential-Medium (RH-M), Residential-Low (R-L), Shorelands Commerce
Park
Is property ( 1) located in the Hillside Overlay Zone?
Yes, No Use the city Zoning Map:
https://experience.arcgis.com/experience/e89f86d44a1843fa8d9dd580208e3542/ make sure to
check Zoning- Hillside Overlay, there will be cross hatch marks on your property
1|P a g e
Page 68 of 175
Is property ( 1) located in the Historic District?
Yes, No Use the city Zoning Map:
https://experience.arcgis.com/experience/e89f86d44a1843fa8d9dd580208e3542/ make sure to
check Zoning- Deuel Creek Historic District, there will be dots on your property if you are
Is property ( 1) part of a Planned Development Overlay or
Planned Unit Development?
Yes, No
If yes, please provide the Name and year
Is property ( 1) part of a Community Development
Authority?
Yes, No
If yes, please provide the Name and year
Project Address (2)
Parcel Number
Acreage
Zoning
Agriculture-Low (A-L), Commercial-High (C-H), Commercial-Medium (C-M), CommercialVery High (C-VH), Florentine Villa Special District, Industrial-High (I-H), Industrial-Very
High (I-VH), Public Facility -Medium( PF-M), Public Facility -Very High (PF-VH), Public
Facility-High (PF-H), Public Facility-Low( PF-L), Residential-High (R-H), Residential-Very
High(R-VH), Residential-Medium (RH-M), Residential-Low (R-L), Shorelands Commerce
Park
Is property (2) located in the Hillside Overlay Zone?
Yes, No Use the city Zoning Map:
https://experience.arcgis.com/experience/e89f86d44a1843fa8d9dd580208e3542/ make sure to
check Zoning- Hillside Overlay, there will be cross hatch marks on your property
Is property (2) located in the Historic District?
Yes, No Use the city Zoning Map:
https://experience.arcgis.com/experience/e89f86d44a1843fa8d9dd580208e3542/ make sure to
check Zoning- Deuel Creek Historic District, there will be dots on your property if you are
Is property (2) part of a Planned Development Overlay or
Planned Unit Development?
Yes, No
If yes, please provide the Name and year
Is property (2) part of a Community Development
Authority?
Yes, No
If yes, please provide the Name and year
Are the parcels part of a planned center?
Yes, No ( Explanation: Planned Center definition per CZC 12. 12 Planned Center: A
development comprised of mixed uses where landscaping, parking and other improvements
are provided in a comprehensive and integrated fashion pursuant to a conditional use permit.)
Do the parcels contain lands which are reserved in private
ownership for community use, including common areas
If yes, please submit the name, proposed articles of incorporation and bylaws of the owner, or
organization empowered to own, maintain and pay taxes on such lands and common areas
Project Address (3)
Parcel Number
Acreage
2|P a g e
Page 69 of 175
Zoning
Agriculture-Low (A-L), Commercial-High (C-H), Commercial-Medium (C-M), CommercialVery High (C-VH), Florentine Villa Special District, Industrial-High (I-H), Industrial-Very
High (I-VH), Public Facility -Medium( PF-M), Public Facility -Very High (PF-VH), Public
Facility-High (PF-H), Public Facility-Low( PF-L), Residential-High (R-H), Residential-Very
High(R-VH), Residential-Medium (RH-M), Residential-Low (R-L), Shorelands Commerce
Park
Is property (3) located in the Hillside Overlay Zone?
Yes, No Use the city Zoning Map:
https://experience.arcgis.com/experience/e89f86d44a1843fa8d9dd580208e3542/ make sure to
check Zoning- Hillside Overlay, there will be cross hatch marks on your property
Is property (3) located in the Historic District?
Yes, No Use the city Zoning Map:
https://experience.arcgis.com/experience/e89f86d44a1843fa8d9dd580208e3542/ make sure to
check Zoning- Deuel Creek Historic District, there will be dots on your property if you are
Is property (3) part of a Planned Development Overlay or
Planned Unit Development?
Yes, No
If yes, please provide the Name and year
Is property (3) part of a Community Development
Authority?
Yes, No
If yes, please provide the Name and year
Are the parcels part of a planned center?
Yes, No ( Explanation: Planned Center definition per CZC 12. 12 Planned Center: A
development comprised of mixed uses where landscaping, parking and other improvements
are provided in a comprehensive and integrated fashion pursuant to a conditional use permit.)
Do the parcels contain lands which are reserved in private
ownership for community use, including common areas
If yes, please submit the name, proposed articles of incorporation and bylaws of the owner, or
organization empowered to own, maintain and pay taxes on such lands and common areas
Full Qualifying factors
Yes, No
Does the Boundary adjustment affect a public right-of-way,
municipal utility easement, or other public property?
If yes, please provide the name and address of each owner of record of land that is Adjacent
to the public street, right-of-way, or easement, or accessed exclusively by or within 300 feet
of the public street, right-of-way, or easement, and the signature of each owner under who
consents to the vacation.
Yes, No
Does the Boundary adjustment affect an existing easement,
onsite wastewater system, or internal lot restriction?
If yes, please provide a description of the affected easement, onsite wastewater system, or
internal lot restriction, including the location, purpose, and any proposed changes resulting
from the Boundary Adjustment. Provide any supporting documentation, approvals, or owner
consent required for the modification.
Yes, No
Does the Boundary adjustment create a lot or parcel that does If yes, then you will need to contact the Community Development Department before
not conform to the city zoning code regulations?
proceeding. And will need a Full Boundary Line Adjustment
Simple
Checklist
3|P a g e
Page 70 of 175
Current Survey
Please upload the current survey with all the items required in CMC Municipal Code
15.09.140
Proposed Survey
Please upload the proposed survey with all the items required in CMC Municipal Code
15.09.140
Current Legal Description of Parcels with associated parcel
numbers
Proposed Legal Description of Parcels with associated parcel
numbers
4|P a g e
Page 71 of 175
A:
applicant
P:
planner
(Syd)
Full Boundary Line Adjustment Workflow
E: Eco.
CA: City
PW:Public CE: City R: City
Dev.
Attorney
Works
Engineer Recorder
Director
Director
(Mike)
A: Applies
A: Pays Fees
P: Get notified
P: Review materials that A submitted and create checklist
P: Adds item to DRC Agenda
P: Compiles file folder for exhibits
P: Sets comment due date 2 weeks out
**DRC MEETING**
P: Communicates with A if additional items are needed from E, CA, PW, CE
A: Gets P Additional items needed/ updates
** Process repeats until staff is satisfied with BLA**
P: Creates staff report
P: Compiles file folder for exhibits
P: Emails E staff report and exhibits
E: Reviews staff report, exhibit, and makes edits if necessary
E: Writes Notice of Approval letter is emailed to A, CA, and R
A: File and records a conveyance of title reflecting the approved changed with the Davis
County Recorder’s Office
Page 72 of 175
Outlook
Boundary Adjustments
From Sydney DeWees <[email protected]>
Date Tue 6/16/2026 2:07 PM
To
Michael Eggett <[email protected]>
Cc
Lisa Romney <[email protected]>
11 attachments (644 KB)
15.09.140 Current Code.pdf; 15.09.140.docx; 18.080 Subdivison Ordinace Amendment Fees.pdf; 20.030 Boundry Adjustment Fees.docx; 20.030 Boundry Adjustment Fees.pdf; Boundry Line Adjustment
- Simple BLA S.docx; Boundry Line Adjustment- Full BLA F.docx; (BLA- F) Boundry Line Adjustment- Full.docx; (BLA- S) Boundry Line Adjustment- Simple.docx; BLA F Workflow.docx; BLA S
Workflow.docx;
Hey Mike,
I have worked on the BLA information.. I was hoping to get the code amended soon. I have cc Lisa in the email to see if she has any suggestions on the code
I have attached my redline version of the code I also have attached the current code how it reads. In the worddoc there will be links to the state code.
There are fees in the fee schedule that need to be updated, my suggestion is to make it a simple and a full. The BLA currently references the site plan amendment,
so I just coped how much it is. I have attached my redline for BLA boundary line adjustments fee schedule.
I have attached a simple and a full BLA application question for applications.
I have also added the checklist for each.
I have created what I think is the best work flow for each.
I would really like to get this updated. Please let me know your feedback and let me know when it can be presented to the planning commission and city council.
Simple Boundary Line Adjustment
Short:
A Simple Boundary Line Adjustment is a process that allows adjoining property owners to adjust a shared property boundary without creating a new lot or changing the
adjustments where the resulting properties continue to comply with applicable zoning and subdivision requirements. The approved documents must be recorded with th
Long:
A Simple Boundary Line Adjustment allows adjoining property owners to modify the location of a shared property line through an approved boundary line adjustment p
intended for minor corrections, boundary clarifications, or adjustments between existing properties. The property owners must submit the required documentation for C
materials necessary to verify the proposed adjustment. The City reviews the request to ensure the adjustment does not create additional lots, create nonconforming cond
the boundary line adjustment documentation must be recorded with the County Recorder. Approval of a boundary line adjustment does not constitute approval for futur
Full Boundary Line Adjustment
Short:
A Full Boundary Line Adjustment is a process that allows adjoining property owners to adjust a shared property boundary without creating a new lot or changing the ov
adjustment, this process provides a detailed legal record of the revised boundaries and may be required when the adjustment involves multiple properties, significant ch
information.
Long: A Full Boundary Line Adjustment is a formal process used to modify property boundaries through a recorded survey or plat document. This process is typically r
updated legal descriptions, or needs a recorded map showing the new property configuration. The applicant must submit the required boundary line adjustment docume
descriptions, and any additional documentation required by the City. The City reviews the proposal for compliance with zoning, subdivision, and other applicable regul
recorded with the County Recorder. A Full Boundary Line Adjustment modifies property boundaries only and does not create a new subdivision lot or approve future de
Page 73 of 175
15.09.140 Exchange Of TitleBoundary Line Adjustments
a) In accordance with the provisions of Utah Code § 10-9a-60810-20-906, the owners
of record of adjacent parcels that are described by either a metes and bounds
description or a recorded plat may exchange title to portions of those parcels if the
exchange of titleboundary line adjustment is approved by the Zoning Administrator
in accordance with the provisions of this Section. Boundary line adjustments shall
be classified as either Simple Boundary Line Adjustments or Full Boundary Line
Adjustments, as defined below.
1) Simple Boundary Line Adjustment is a boundary adjustment that does not:
A. Affect a public right-of-way, municipal utility easement, or other
public property;
B. Affect an existing easement, onsite wastewater system, or internal lot
restriction; or
C. Create a lot or parcel that does not conform to applicable land use
regulations.
2) Full Boundary Line Adjustment is a boundary adjustment that does:
A. Affect a public right-of-way, municipal utility easement, or other
public property;
B. Affect an existing easement, onsite wastewater system, or internal lot
restriction; or
b) An application for exchange of title approval shall be filed in writing with the
Community Development Director on forms provided by the City, and shall include,
at a minimum, the following A complete boundary line adjustment application shall
be submitted to the Zoning Administrator in a form established by the Zoning
Administrator along with any fees and deposits as set forth in the City Fee Schedule.
1) The simple boundary line adjustment shall include:
A. Conveyance document that complies with the Utah State Code § 571-45.5; and describes all lots or parcels affected by the proposed
boundary adjustment
Commented [SD1]: Utah Code Section 57-145.5
B. One electronic copy of a survey, prepared by a licensed land surveyor
or professional engineer, accurately drawn to scale and certified,
showing:
Page 74 of 175
1. The affected lots or parcels;
2. The proposed location of the new lot or parcel line;
3. The size of the lots before and after the exchange of title;
4. The frontage calculations for the lots before and after the
exchange of title;
5. The location of existing buildings, improvements, and other
physical features on the lots or parcels;
6. Any existing easements, rights-of-way, conditions, or
restrictions recorded or apparent; and
7. Any additional information required by the Zoning
Administrator to verify compliance with the zoning regulations
applicable to the subject parcels.
2) The full boundary line adjustment shall include:
A. Conveyance document that complies with the Utah State Code § 571-45.5; and describes all lots or parcels affected by the proposed
boundary adjustment
Commented [SD2]: Utah Code Section 57-145.5
B. One electronic copy of a survey, prepared by a licensed land surveyor
or professional engineer, accurately drawn to scale and certified,
showing:
1. The affected lots or parcels;
2. The proposed location of the new lot or parcel line;
3. The size of the lots before and after the exchange of title;
4. The frontage calculations for the lots before and after the
exchange of title;
5. The location of existing buildings, improvements, and other
physical features on the lots or parcels;
6. Any existing easements, rights-of-way, conditions, or
restrictions recorded or apparent; and
Page 75 of 175
7. Any additional information required by the Zoning
Administrator to verify compliance with the zoning regulations
applicable to the subject parcels.
C. Written approval of any proposed easement adjustments by all
affected property owners, easement holders, and other parties with a
legal interest in the easement.
c) The Zoning Administrator shall review all applications for the boundary line
adjustment approval and shall approve such requests if the boundary line
adjustment will not result in a violation of any land use ordinance of the City.
d) No boundary line adjustment shall be permitted which would result in the creation
of a new parcel.
e) If the boundary line adjustment is approved by the Zoning Administrator, a consent
acceptable to the City shall be recorded in the Davis County Recorder’s Office,
which notice of approval shall be made clear:
A. The land use authority is not responsible for any error related to the
boundary adjustment , as set forth in Utah Code § 10-20-906;
B. Davis County may record the boundary adjustment, as set forth in
Utah Code § 10-20-906;
C. Whom each owner included in the exchange;
D. The descriptions of both the original parcels and the parcels created
by the exchange of title; and
E. Acknowledgment for each party executing the notice in accordance
with the provision of the Utah Recognition of Acknowledgments Act,
as set forth in Utah Code §§ 57-2a-1, et seq.
f) A notice of approval recorded under this Section does not act as a conveyance of
title to real property. If a boundary line adjustment is approved by the Zoning
Administrator, the applicant shall also be required to file and record a conveyance
of title reflecting the approved changed with the Davis County Recorder’s Office.
Page 76 of 175
2) Three hard copies and one electronic copy of a survey, prepared by a
licensed land surveyor or professional engineer, accurately drawn to scale
and certified, showing:
A. The two affected lots or parcels;
B. The location of existing buildings on the lots or parcels;
C. The proposed location of the new lot or parcel line;
D. Any existing easements, driveways, utilities and infrastructure
improvements;
E. The frontage calculations for the two lots before and after the
exchange of title; and
F. The size of the two lots before and after the exchange of title.
3) The applicable fees and deposits as set forth in the City Fee Schedule.
4) The proposed notice of approval and conveyance of title documents.
c) The Zoning Administrator shall review all applications for exchange of title approval
and shall approve such requests if the exchange of title will not result in a violation
of any land use ordinance of the City.
e) No exchange of title shall be permitted which would result in the creation of a new
dwelling lot or housing unit or the creation of a remnant piece of land that did not
previously exist.
d)
If an exchange of title is approved by the Zoning Administrator, a notice of approval
acceptable to the City shall be recorded in the Davis County Recorder’s Office, which
notice of approval shall:
1)
Be executed by each owner included in the exchange and by the Zoning
Administrator;
2)
Contain an acknowledgment for each party executing the notice in accordance with
the provision of the Utah Recognition of Acknowledgments Act, as set forth in Utah Code
§§ 57-2a-1, et seq.; and
Page 77 of 175
3) Recite the descriptions of both the original parcels and the parcels created
by the exchange of title.
e) A notice of approval recorded under this Section does not act as a
conveyance of title to real property. If an exchange of title is approved by the
Zoning Administrator, the applicant shall also be required to file and record a
conveyance of title reflecting the approved changed with the Davis County
Recorder’s Office.
Page 78 of 175
PLANNING
COMMISSION
Staff Report
8/12/2026
Item No. 3.
Title: Public Hearing - Zoning Code Amendments - Detached Accessory Dwelling Unit (DADU) - CZC 12.58
(Detached Accessory Dwelling Unit Standards) and CZC 12.36.020 (Table of Uses for Residential Uses) Legislative Decision
Initiated By: Mike Eggett, Community Development Director
Staff Representative: Mike Eggett, Community Development Director, Lisa Romney, City Attorney
SUBJECT:
Consider amendments to the Centerville Zoning Code be enacting a new Chapter 12.58 regarding regulations
and standards for detached accessory dwelling units (DADU) and amendments to Section 12.36.020 regarding
use categories for detached accessory dwelling units (DADU) within the established residential uses table.
RECOMMENDATION:
Recommend approval of the Zoning Code text amendment proposal (for the addition of Chapter 12.58 and
amendments to Section 12.36.020) to City Council, subject to final amendment review direction by the
Planning Commission.
BACKGROUND:
During the most recent Utah Legislative Session, the State Legislature approved Senate Bill 284 Local Land
and Water Modifications (Governor signed on March 18, 2026). Within this approved bill is significant language
regarding a requirement for Utah cities (including Centerville) to establish City land use regulations for the
allowance of Detached Accessory Dwelling Units (DADUs) within the City's municipal boundaries. This Senate
Bill language has further been memorialized in Utah State Codes 10-21-101 and 10-21-304 respectively.
Additionally, Senate Bill 284 requires that Utah State Code Section 10-21-304 go into effect on October 1,
2026.
In preparation for the July 22, 2026, Planning Commission meeting, City staff prepared a summary document
of City Codes from Utah jurisdictions reflecting their take on addressing the Detached ADU requirement. Also,
staff prepared additional documentation as a discussion starting point and provided a draft concept land use
Code for Detached ADUs (to be included in the Centerville Zoning Code (Title 12)). Please see the
attachments for the noted documents, State Code language, and City Codes for Internal ADUs.
On July 22, 2026, at the conclusion of the review discussion and guidance from the Planning Commission,
staff briefly discussed scheduling a public hearing for the proposed Zoning Code amendments. The Planning
Commission directed City staff to schedule a public hearing for August 12, 2026. A public hearing has
hereafter been advertised and scheduled in accordance with State and City public notification requirements.
No public comments were provided prior to the completion of this packet information. Any public commentary
250 North Main Street Centerville, Utah 84014
801.295.3477
Page 79 of 175
provided prior to the date of the meeting will be shared with the Planning Commission during the meeting.
ATTACHMENTS:
1.
8.12.26 PC Staff Report Zoning Text Amend - DADU
2.
Proposed Draft DADUs Code [202606-07] - working draft PC Update 20260806
3.
Proposed Draft DADUs Code [202606-07] - clean draft PC
4.
12.36.020 Table of Uses for Res Uses draft PC (DADU) - 20260730
5.
USC 10-21-304 DADUs
6.
USC 10-21-101 ADUs Definitions
7.
USC 10-21-303 IADUs
8.
CZC 12.60 IADUs
9.
ULCT Detached-ADU-One-Pager - 20260715
10. DADU Municipal Code Analysis [June 2026]
11. DADU Code variation ideas - 20260708
250 North Main Street Centerville, Utah 84014
801.295.3477
Page 80 of 175
Centerville City Planning Commission
COMMUNITY DEVELOPMENT DEPARTMENT
655 North 1250 West ● Centerville, Utah 84014 ● (801) 292-8232 ● Fax: (801) 292-8251
STAFF REPORT – PLANNING COMMISSION
AGENDA ITEM 3 – ZONING CODE TEXT AMENDMENT
PETITIONER: CITY OF CENTERVILLE
APPLICATION: ZONING CODE TEXT AMENDMENT
RECOMMENDATION: RECOMMEND APPROVAL OF ZONING
CODE TEXT AMENDMENT PROPOSAL
TO CITY COUNCIL, SUBJECT TO FINAL
AMENDMENT REVIEW DIRECTION BY
PLANNING COMMISSION
BACKGROUND
During the most recent Utah Legislative Session, the State Legislature approved Senate Bill
284 Local Land and Water Modifications (Governor signed on March 18, 2026). Within this
approved bill is significant language regarding a requirement for Utah cities (including
Centerville) to establish City land use regulations for the allowance of Detached Accessory
Dwelling Units (DADUs) within the City's municipal boundaries. This Senate Bill language has
further been memorialized in Utah State Codes 10-21-101 and 10-21-304
respectively. Additionally, Senate Bill 284 requires that Utah State Code Section 10-21-304 go
into effect on October 1, 2026.
In preparation for the July 22, 2026, Planning Commission meeting, City staff prepared a summary
document of City Codes from Utah jurisdictions reflecting their take on addressing the Detached
ADU requirement. Also, staff prepared additional documentation as a discussion starting point
and provided a draft concept land use Code for Detached ADUs (to be included in the Centerville
Zoning Code (Title 12)). Please see the attachments for the noted documents, State Code
language, and City Codes for Internal ADUs.
On July 22, 2026, at the conclusion of the review discussion and guidance from the Planning
Commission, staff briefly discussed scheduling a public hearing for the proposed Zoning Code
amendments. The Planning Commission directed City staff to schedule a public hearing for
August 12, 2026. A public hearing has hereafter been advertised and scheduled in accordance
August 12, 2026
Page 1 of 4
Page 81 of 175
Centerville City Planning Commission
with State and City public notification requirements. No public comments were provided prior to
the completion of this packet information. Any public commentary provided prior to the date of
the meeting will hereafter be shared with the Planning Commission during the meeting.
STAFF ANALYSIS AND COMMENTS
CZC 12.21.080(e) provides four factors to consider when reviewing a Zoning Code or Zoning Map
Amendment Application. Only the first factor applies to Zoning Code Text Amendments. Factor
number one considers “whether the proposed Zoning Code or Zoning Map amendment is
consistent with goals, objectives, and policies of the General Plan”.
Staff believes the proposed Zoning Text Amenements are consistent with the goals, objectives,
and policies of Centerville City’s General Plan.
STAFF CONCLUSION
As a result, City staff is recommending the Planning Commission support the Zoning Code text
amendment proposal to Centerville Zoning Codes, which adds new Chapter 12.58 Detached
Accessory Dwelling Unit (DADU) Standards and modifies Section 12.36.020 Table of Uses for
Residential Uses, and that the Planning Commission send a favorable recommendation to the City
Council for formal review consideration. Further, staff supports the Planning Commission in
making additional efforts in refining the proposed language if there is interest in further modifying
the provided draft DADU zoning language proposal prior to taking any formal action in providing
a recommendation to the City Council.
POTENTIAL MOTIONS
Based on the information provided by the Planning Staff, and as heard during the public hearing,
the Planning Commission may make a motion to recommend Council approval of this zoning text
amendment proposal request, recommend Council approval of this request with suggested
amendment and/or modification, table the matter to a later date, or recommend Council denial of
the applicant’s request. With any of these decisions appropriate findings of fact should be provided.
Sample motions for the Planning Commission’s convenience are located below with suggested
findings of fact.
#1 – APPROVE
August 12, 2026
Page 2 of 4
Page 82 of 175
Centerville City Planning Commission
“I hereby make a motion to recommend City Council APPROVAL of the proposed Zoning Code
Text Amendments to the Centerville Municipal Code by adding new Chapter 12.58 ‘Detached
Accessory Dwelling Unit (DADU) Standards’ and amending Section 12.36.020 ‘Table of Uses
for Residential Uses’, based on the following reasons for action (findings):
1. The Planning Commission finds that the proposed text amendments are consistent with
the goals, objectives, and policies of the General Plan.
2. The Planning Commission finds that the proposed text amendments do not create
detrimental or negative impacts to established zoning areas within Centerville City.
3. The Planning Commission finds that the proposed text amendments are in the best
interests of Centerville City.”
#2 – APPROVE WITH ANY PROPOSED ADDITIONAL AMENDMENTS
“I hereby make a motion to recommend City Council APPROVAL of the proposed Zoning Code
Text Amendments to the Centerville Municipal Code by adding new Chapter 12.58 ‘Detached
Accessory Dwelling Unit (DADU) Standards’ and amending Section 12.36.020 ‘Table of Uses
for Residential Uses’, with the language amendment to the request (as provided by the Planning
Commission) as follows _______________, based on the following reasons for action
(findings):”
(Use findings listed above for approval. The Planning Commission may include any
additional findings that are deemed applicable.)
#3 – TABLE
“I hereby make a motion to TABLE the proposed Zoning Code Text Amendments to the
Centerville Municipal Code for adding new Chapter 12.58 ‘Detached Accessory Dwelling Unit
(DADU) Standards’ and amending Section 12.36.020 ‘Table of Uses for Residential Uses’, until
such a time as _________________.”
#4 – DENY
“I hereby make a motion to recommend City Council DENIAL of the proposed Zoning Code Text
Amendments to the Centerville Municipal Code for adding new Chapter 12.58 ‘Detached
Accessory Dwelling Unit (DADU) Standards’ and amending Section 12.36.020 ‘Table of Uses
for Residential Uses’, based on the following reasons for action (findings):
1. The Planning Commission finds that the proposed text amendments are NOT consistent
with the goals, objectives, and policies of the General Plan.
August 12, 2026
Page 3 of 4
Page 83 of 175
Centerville City Planning Commission
2. The Planning Commission finds that the proposed text amendments may create
detrimental or negative impacts to established zoning areas within Centerville City.
3. The Planning Commission finds that the proposed text amendments are NOT in the best
interests of Centerville City.”
(Planning Commission may include any additional findings that are deemed applicable)
August 12, 2026
Page 4 of 4
Page 84 of 175
Proposed Draft Detached Accessory Dwelling Unit
(DADU) Language to include in Title 12 (CZC)
I suggest using Millcreek City’s Code as the starting point model backbone for the
Centerville City Ordinances in combination with Centerville language previously used to
establish Internal Accessory Dwelling Units (where they are both so similar in many ways),
then combine suggested code concepts to incorporate into this language, along with
directives from Planning Commission and City Attorney.
MILCREEK CITY 19.15 “Accessory Dwelling Units Standards” CZC 12.58 Detached
Accessory Dwelling Units (DADU)
18.71 ACCESSORY DWELLING UNIT STANDARDS12.58 DETACHED ACCESSORY
DWELLING UNIT (DADU) STANDARDS
18.71.010 Purpose12.58.010 Purpose
18.71.020 Interpretation12.58.020 Interpretation and Scope
12.58.030 Definitions
18.71.030 Applicability12.58.040 Approval and Authorization
18.71.040 Permitted And Conditional Uses And Limitations12.58.050 Uses Allowed
18.71.050 Request For Compliance Determination
18.71.060 Development Standards Generally12.58.060 Development Standards Generally
18.71.070 Development Standards For Internal Accessory Dwelling Units
18.71.080 Development Standards For Attached Accessory Dwelling Units
18.71.090 Development Standards For Detached Accessory Dwelling Units12.58.070
Development Standards For Detached Accessory Dwelling Units
18.71.100 Termination12.58.080 Limitations, Termination, And Exemptions
18.71.110 Addressing
18.71.120 Enforcement And Noticing
18.71.130 Existing Buildings12.58.090 Existing Buildings and Detached ADU Conversion
12.58.100 Occupancy Requirements, Licenses, And Owner Affidavits
12.58.110 Other Applicable Regulations and Codes
12.58.120 Violations and Enforcement
18.71.010 Purpose12.58.010 Purpose
The purpose of this Chapter is to establish the use and development regulations for the
allowance of detached accessory dwelling units (DADUs) within the City. These regulations
are intended to provide opportunity for secondary separate living quarters (i.e., dwelling
unit) located externally on the same property as a primary single-family dwelling in
Page 85 of 175
accordance with applicable State law, including, but not limited to Utah Code § 10-21-304.
Accessory Dwelling Units (ADUs) in single-household residential zones are an important
tool in the overall housing goals and needs of the City and allow for alternative and flexible
housing options in owner-occupied single-household dwellings. 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-household residential development.
2. Provide more housing choices in residential zones.
3. Allow more efficient use of existing housing and large 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
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
18.71.020 Interpretation12.58.020 Interpretation and Scope
The City’s intent in adopting this ordinance is not to increase the density of the underlying
zone designation. An Detached ADU shall always be an accessory use to the principal
dwelling.
The requirements of this Chapter shall apply to any Detached ADU created or established
within the City. Such requirements shall not be construed to prohibit or limit other
applicable provisions of this Title, the Centerville Municipal Code, or other laws.
HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
12.58.030 Definitions
Certain words and phrases in this Chapter, including uses, are defined in CZC 12.12
(Definitions). In addition to the definitions set forth in CZC 12.12 (Definitions), the following
words and phrases shall have the following meanings:
Page 86 of 175
(a) Detached Accessory Dwelling Unit (DADU). A detached accessory dwelling unit
means an accessory dwelling unit created and located externally on the same
property as a primary single-family dwelling as more particularly defined in Utah
Code § 10-21-101.
(b) Primary Dwelling or Primary Single-Family Dwelling. Primary dwelling or primary
single-family dwelling means a single-family dwelling that is detached and is
occupied as the primary residence of the owner of record as more particularly
defined in Utah Code § 10-21-101.
18.71.030 Applicability12.58.040 Approval and Authorization
1. The Zoning Administrator is authorized to issue permits for Detached ADUs in
accordance with the procedures and objective standards for review as set forth in
this Chapter and as set forth in CZC 12.21.090 (Permitted Use Review). Decisions
regarding the review, approval, or denial of Detached ADUs are administrative
proceedings and shall be made in accordance with the provisions of this Chapter
and CZC 12.21.060 regarding decision-making standards for administrative
proceedings.
2. Properties are eligible for an accessory dwelling unit if:
1. (a) Use in Combination. A Detached ADU shall be established as a secondary
accessory dwelling unit located externally on the same property as a primary singlefamily dwelling and shall only be established in combination within a primary singlefamily dwelling.The property is owner occupied,
2. (b) Owner Occupancy Required. A Detached ADU shall only be established on a
primary single-family dwelling property that is occupied by an owner in accordance
with the “Owner Occupancy” requirements of CZC 12.60.090. The use of the property
at the time of application and at any time thereafter is single-household residential,
and
(c) Number allowed. Only one Detached ADU is allowed for:
1. A lot, parcel, or tract of land greater than 8,500 square feet; and
2. A primary single-family dwelling located within a primarily residential use
zone as more particularly designated in CZC 12.36 (Table of Uses).
The property is in an R-1 or A zone.
3. 3. A maximum of one (1) accessory dwelling unit (internal or detached) shall be
permitted on a qualifying owner-occupied single-family dwelling lot.
Page 87 of 175
HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
18.71.04012.58.050 Permitted And Conditional Uses And LimitationsUses Allowed
1. Detached ADUs are allowed in residential zones as set forth in CZC 12.36 (Table of
Uses). Permitted and conditional uses are indicated by “P” or “C,” respectively.
Uses not permitted are indicated by “N.”Internal ADUs are a permitted use as set
forth in Utah Code Section 10-9a-530, with additional requirements set forth in MKZ
18.71.070.
2. Attached and Detached ADUs are permitted uses in the R-1 and A zones are subject
to the design standards of this chapter.
HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
18.71.050 Request For Compliance Determination
A property owner may request a review to determine the compliance of an accessory
dwelling unit. This request shall be conducted following the procedure as set forth in MKZ
18.15.030 (E). The Planning Director shall issue a Compliance Determination in writing. If
the Planning Director determines that an Accessory Dwelling Unit complies with the
standards of this chapter, then a notice of compliance shall be recorded on the property at
the Salt Lake County Recorder’s Office. Notices that demonstrate compliance with the
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 property contains an ADU;
3. A statement that the primary dwelling or property is owner-occupied; and
4. A statement that the ADU may only be used in accordance with the City’s land use
regulations.
HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
18.71.060 Development Standards Generally12.58.060 General Development Standards
The development standards set forth in this Section shall apply to any Detached ADU that
is created or established within the City. The purposes of these development standards are
to ensure that a Detached ADU is clearly and distinctly an accessory use and externally
Page 88 of 175
located and developed as an additional residential dwelling use to the approved primary
single-family dwelling use located on the property.
1. Minimum Lot Size. The minimum lot size for establishing a Detached ADU shall be
8,500 square feet or more within an accessory structure as defined in CZC
12.12.040.
1.2.
A Detached ADU n accessory dwelling unit shall not be sold separately or
subdivided from the principal dwelling unit or property.
2.3.
A property may have either an internal or attached ADU as part of a primary
dwelling, or a dDetached ADU on the lot or parcel that is shared with the primary
dwelling. No single-family residential dwelling property may have more than one
type of ADU (internal or detached) on the same property.
3.4.
The design and size of the Detached 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 singlehousehold dwelling, the entire ADU shall comply with all applicable standards.
4. The installation of separate utility meters is prohibited. The installation of a
separate utility meter (from the main single-family dwelling) and other separate
utilities connections will be required to be provided and connected to a Detached
ADU.
5. An The minimum setback for a Detached ADU shall be eight (8’) feet from all rear
yard property lines. A Detached ADU shall otherwise comply with the regulations of
the underlying zone for accessory buildings, this includes compliance with location,
height, and development standards for accessory building development within the
underlying zone. Further no second story development of accessory buildings for
Detached ADU use is allowed. 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 Detached ADU, attached or detached, shall incorporate at
least one of the exterior materials used in the principal dwelling for 20 percent of all
structure facades. The Detached ADU must have a pitched roof unless the principal
dwelling has a flat roof, in which case an Detached ADU may have a flat roof or a
pitched roof. The Detached ADU shall maintain the same color of the primary
dwelling for at least 50 percent of all facades.
Page 89 of 175
7. Easements. Detached ADUs may not be built within a recorded easement; this
includes Public Utility Easements (PUE).
8. Parking. At least one additional parking space shall be provided for a Detached ADU
that is sized smaller than 650 gross square feet and two additional parking spaces
shall be provided for a Detached ADU that is sized 650 gross square feet or larger;
provided, however that the existing parking requirements for the primary singlefamily dwelling are to remain in place or restored if missing. The Detached ADU
parking space(s) may be located in tandem with other required parking spaces. All
required parking spaces must be located behind the front yard setback line of the
lot.
7.9.
Bulk Yard Area Limitation. The combined building footprint coverage of a lot
area for the primary single-family dwelling combined with the Detached ADU shall
not exceed the impervious surface allowance for the respective zoning district in
which it is located.
8. Additional requirements for internal ADUs shall be as set forth in MKZ 18.71.070.
9. Additional requirements for attached ADUs shall be as set forth in MKZ 18.71.080.
10. Additional requirements for Ddetached ADUs shall be as set forth in MKZ
18.71.090.as otherwise directed in this section of Code.
HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
18.71.070 Development Standards For Internal Accessory Dwelling Units
Internal ADUs are regulated pursuant to Utah Code Section 10-9a-530, and additionally
shall:
1. Not change the appearance of the primary dwelling as a single-household dwelling;
2. Be prohibited from having separate utility meters from the primary dwelling; and
3. Be prohibited in a mobile home or manufactured home.
HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
18.71.080 Development Standards For Attached Accessory Dwelling Units
Attached ADUs are permitted, subject to the following standards:
1. The entrance for the attached ADU shall not be visible from a public right-of-way.
Page 90 of 175
2. The occupancy limit for an attached ADU is two adults and any number of children.
3. The lot or parcel coverage for an attached ADU is determined by the underlying zone
standards.
HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
18.71.090 Development Standards For Detached Accessory Dwelling Units12.58.070
Development Standards For Detached Accessory Dwelling Units
1. A detached Detached ADU shall be a permanent structure or fixed and anchored to
a foundation or concrete slab so as to be installed as a permanent structure.
Additionally, appropriate screening/skirting shall be provided around the base of
any structure fixed and anchored to a foundation or concrete slab. 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 Neighborhood Compatibility Modification
provisions found in MKZ 18.34 or MKZ 18.36.
3. A detached ADU shall not be used as a short-term rental.
4.2.
Exterior lighting shall provide illumination directed downward and shall
follow the standards as set forth in MKZ 18.68, Outdoor Lightinglighting standards of
the City. Light sources shall not be visible from abutting properties.
5.3.
Windows on a façade, located within 15 feet of an abutting property
containing a single-household, twin home, or duplex dwelling, shall be fixed (nonoperable) and translucent or shall be installed skylights. g
4. Entrances, Location of Entrances. Only one additional entrance may be located on
the wall facade that can be viewed from the public street directly adjacent to the
same lot or parcel in which the Detached ADU is located. All other entrances must
be located on wall facades facing interior to the lot.
(a) Ground Entrance Restrictions. Ground entrances and coverings are
prohibited on a wall facade facing a perimeter lot line, unless such wall façade is at
least 10 feet from a perimeter lot line and such coverings are located at least 6 feet
from any perimeter lot line.
6. parking, and stairways within 15 feet of an abutting property shall not be visible from
the abutting property. This may be done with a fence along the side and rear
Page 91 of 175
property lines, landscaping that is dense enough to obscure activity or by placing
the entrances and stairs out of view of abutting properties. Corner properties with
ADU entrances facing a right-of-way are not required to screen the entrance if not
facing the same right-of-way as the primary dwelling entrance.
5. Detached ADUs shall not be built on slopes of 30 percent or greater.
7.6.
Second story development of an accessory building for Detached ADU use is
prohibited.
8.7.
Balconies on the second story of an ADU are prohibited. Basement
development for a Detached ADU is permitted and, if utilized, will be calculated into
the total gross square footage use of the Detached ADU.
9.8.
Exterior stairways and landing shall not encroach into a setback.
Table 18.71-212.58.070-1
Commented [ME1]: Do we want/need a similar
Detached Accessory Dwelling Unit Standard
table? Is this already otherwise covered in the
proposed code
language?
Specific
Use Limitations or Specif
Minimum Property Area
8,5008,000 SF
Location
Rear Yard
Gross Square Footage
An Detached ADU shall be the lesser of the gross square footage of the
existing main building, or 1,000 square feet.allowed at a minimum size of
350 gross square feet and up to a maximum size of 1250 gross square feet.
No single level can exceed 800 square feet in size and basements are
permitted with Detached ADU development as long as the entire Detached
ADU is below or meets maximum gross square footage requirements.
Property Coverage Total
Determined by the underlying zone designation
Setbacks from Side and Rear
5 8 Feet minimum
Yard Property Lines
Setback from Main Building
For each inch in height over 16 fee
accessory dwelling units shall be
property lines an additional inch.
6 Feet
Page 92 of 175
Maximum Height
The lesser of 24 feet or the height of the existing main building.20 Feet,
further second story development of an accessory building for Detached
ADU use is prohibited.
Occupancy Limit
2 adults and any number of children
HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
Amended by Ord. 25-38 on 9/8/2025
Commented [ME2]: Do we want an occupancy
limit? If so, is this a good standard or should we use
a standard from another City?
Commented [ME3R2]: Talked with Building
Official and Fire Marshal. No regulations
applicable to occupancy limits that can be applied.
18.71.100 12.58.080 Limitations, Termination, And ExemptionsTermination
(a) No Short-Term Rental. A Detached ADU may not be used as a rental unit for fewer
than 90 consecutive days as more particularly defined and regulated pursuant to
Utah Code § 10-20-304. In order to regulate and prohibit short-term rentals, the City
shall require and record a notice for any approved Detached ADU with the Davis
County Recorder’s Office in accordance with Utah Code § 10-20-304.
(b) Termination of Detached ADU Use. The approval permit for a Detached ADU shall
become null and void if the occupancy requirements of this Chapter are not satisfied,
or the owner declares termination through writing or through neglect or any other
confirmed non-corrected action that violates the provisions of this Chapter. Upon
such termination of a Detached ADU use, the owner shall remove one or more
features that make up a Detached ADU including but not limited to living, sleeping,
or kitchen facilities, including electrical, gas, or plumbing, as deemed acceptable to
the City to render the Detached ADU removed or unusable.
(c) Exemptions. Detached ADUs shall not be included in the gross density calculations
for primarily single-family zoning districts.
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
Commented [ME4]: I am not certain if State
Code allows us to do this like it does with Internal
ADUs per Utah Code 10-21-303? Will need to defer
to City Attorney for guidance with this statement to
see if this needs to be reworded or cited differently.
Commented [ME5]: This is language found in
Centerville Code for Internal ADUs. I suggest using
the same language unless language from another
City is stronger and/or should be incorporated here.
Commented [ME6]: Do we want to use this
same standard as it relates to Detached ADUs? A
similar statement is noted earlier in this proposed
language.
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
18.71.110 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 and shall submit for a
site plan review to the City Planning and Zoning Department and pay any associated fees.
HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
18.71.120 Enforcement And Noticing
Page 93 of 175
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. The 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. The City provides a written notice of lien in accordance with MKZ
18.71.120(C);
5. The 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. At least 14 days after the day on which the 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. At least 30 days after the day on which the City 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 City 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 10 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;
Page 94 of 175
5. 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
6. Be posted on the property.
3. The written notice of lien shall:
1. Comply with Utah Code 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 18.04, Appeals.
1. If the owner of property files a written objection to a notice of violation, the
City may not record a lien until a hearing is held to determine that the
specific violation occurred.
2. If the City determines at the hearing that the specific violation has occurred,
the City may impose a lien in an amount of up to $100 for each day of
violation after the expiration of the opportunity to cure the violation,
regardless of whether the hearing is held after that day.
3. If the owner of property cures a violation within the time period prescribed in
the written notice of violation, the 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, the City may record a notice
in the Salt Lake County Recorder’s Office. Upon recording a notice, the City shall
Page 95 of 175
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.
HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
18.71.130 Existing Buildings12.58.090 Existing Buildings And Detached ADU Conversion
1. (a) Existing buildings in Millcreek Centerville that were permitted prior to September
17,October 1, 2026 2021, that are intended to be used as an Detached ADU and
cannot satisfy the standards set forth in this chapter must file an application to
have a structure declared a noncomplying structure and then follow the application
process for a Nonconformities Determination as set forth in MKZ 18.15.040 (A) and
MKZ 18.60.090CZC 12.22 to have the use legally established. A property with 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 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.
2. 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 18.60,
Nonconformities, 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 three feet (3’)
from the side and rear property lines;
Commented [ME7]: Per Utah Code 10-21-
304(2), we are required to “include a process for
the owner of a legally constructed accessory
structure to convert the accessory structure to a
detached accessory dwelling unit ….”
Commented [ME8]: This language likely won’t
apply to us and will likely be omitted; but should we
have a section of language for existing buildings in
similar circumstances, or is this not necessary? We
will need to decide whether or not to address this
and may also look to the similar codes from other
cities.
Commented [ME9R8]: I amended this
comment to reflect a date of start for this
ordinance, reference to the Centerville Zoning
Code for Nonconformities, and omitted guest
house comments. Hopefully, this matches what
the Planning Commission is seeking and also
meets State Code; would also defer to legal for
additional commentary and counsel. - July 30, 2026
2. The attached ADU does not have a light source projecting onto
abutting properties;
Page 96 of 175
3. The attached ADU does not have any balconies, porches, or windows
facing abutting property owners, unless facing a property located in
an R-M, C-1, or C Zone.
4. The attached ADU does not protrude higher than the measured height
of the existing noncomplying structure being expanded as measured
from original ground surface.
5. The attached ADU can accommodate all required parking on the
property, and does not violate the required off-street parking
standards, including parking requirements of this title.
3.
(b) Detached Accessory Dwelling Unit Conversions
1. A detached building that complies with all applicable height, building
envelope, setback, and property 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
zoning, building, and fire codes of the City.
2. A detached building, that is noncomplying and was legally established as
determined under MKZ 18.60, Nonconformities, 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
abutting property;
3. The facade of the detached building located within five feet (5’) and
facing an abutting property line, does not have any balconies,
porches, landings, stairs, doors, or windows;
4. For properties with rear yards that abut an RM, C-1, or C Zone, the
detached building does not exceed 24 feet in height;
5. For all properties, located abutting a Residential Zone Boundary or a
legally-established residential dwelling, the detached building does
Page 97 of 175
not protrude higher than the measured height of the existing
noncomplying structure being expanded;
6. Does not create any new visual impacts that a fence or wall cannot
otherwise mitigate;
Commented [ME10]: This is not completely
clear to me and may need to be omitted, unless
someone else is able to determine what this is
trying to say.
7. The detached ADU can accommodate all required parking on the
property, 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 the
applicable zoning district;
9. The 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 abutting property;
11. The detached building shall meet all other requirements of MKZ
18.71.090, except as provided otherwise in this section; and
12. Meets the applicable sections of the adopted building and fire codes
of the City.
4.
(c) The Land Use Hearing Officer Zoning Administrator, or designee, 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
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
12.58.100 Occupancy Requirements, Licenses, And Owner Affidavits
The occupancy requirements set forth in this Section shall apply to any ADU that is created
or established within the City. The purposes of these occupancy requirements are to
accommodate secondary separated living quarters (i.e., dwelling unit) with reasonable
limitations on their use and to minimize the impact on neighboring properties and the
desired setting of the City’s single-family neighborhoods.
(a) Definitions and Terms. The following definitions or terms are applicable to the
creation and use of Detached ADUs;
Page 98 of 175
1. Owner. An owner is defined as a person occupying the premises as their sole
primary residence and having at least 50% or greater ownership interest in the
property.
2. Full-Time Residency. Full-time residency means the owner must live in a
dwelling for at least 183 consecutive calendar days of each calendar year.
3. Detached ADU Occupation. The Detached ADU is exclusively used for other
family members or for long-term rental with a minimum rental period of 90
days or more.
4. Owner Occupancy Affidavit. A signed and notarized owner-occupancy
acknowledgement for the property for sanctioning a Detached ADU and filed
with the City Recorder’s Office and/or recorded at the Davis County
Recorder’s Office.
5. Temporary Owner Absence Waiver. An approval granting a waiver of the
occupancy requirement due to specific short-term or temporary absences.
(b) Full Time Owner Residency. Either the primary single-family dwelling or the Detached
ADU is to be occupied by a full-time residency property owner as shown on the Davis
County Tax Assessment rolls.
(c) Owner Occupancy Affidavit and License. A Detached ADU owner must apply for a
Detached ADU License and sign an “owner occupancy affidavit” with the City and
have it filed with the City Recorder and/or recorded at the Davis County Recorder’s
Office prior to receiving authorization of constructing and/or use of a Detached ADU.
Such license and affidavit shall at minimum establish the following:
1. That he/she/they are owner(s) of the property located in Centerville, Utah.
2. That he/she/they applied and intend to receive approval to construct or use a
Detached ADU pursuant to Centerville City ordinances.
3. That the owner(s) of the property confirm that the Detached ADU will be used
for the purpose of offering a long-term rental of at least 90 days or more to any
occupant of the Detached ADU.
4. That an owner with at least a 50% interest in the property will occupy either
the primary single-family dwelling or Detached ADU for six months of each
calendar year, except where a “temporary owner absence waiver” is granted
in accordance with Subsection (d).
5. That if the owner(s) of property are unable or unwilling to fulfill the
requirements for use of a Detached ADU, then the owners agree to remove
one or more features that make it a Detached ADU, including but not limited
to living areas, sleeping areas, or kitchen facilities, including electrical, gas, or
plumbing and further agree to terminate, in writing, the Detached ADU permit
and approval.
6. That the license and affidavit shall run with the land and be binding upon all
owners, heirs, and assigns, and upon all parties acquiring any right, title, or
interest in the property.
7. That the owners and their heirs, successors, and assigns will inform all
prospective purchasers of the property of the terms and conditions of the
permit authorizing the ADU.
Commented [ME11]: Again will need to check
with City Attorney to see if we can require this in the
same way that we do with Internal ADUs language.
Commented [ME12]: Again will need to verify
with City Attorney to see if we can require this in the
same way that we do with Internal ADUs language.
Page 99 of 175
(d) Recorded Notice of Detached ADU. On or after October 1, 2021, the City may record
against the property a notice of any approved Detached ADU in the Davis County
Recorder’s Office in accordance with Utah Code § 10-20-303. [Internal comment –
should we cite a Code here or delete and end with “Office.”?]
(e) Temporary Owner Absence Waiver. The owner(s) shall comply with the Full-Time
Owner Residency Requirements, or such absence or abandonment shall terminate
the Detached ADU permit, as approved by the City. Nonetheless, an owner may
receive a one-time waiver of the occupancy requirement upon submitting in writing
evidence showing good cause of temporary absence, such as:
1. A job relocation;
2. Military assignment;
3. Medical or other care of others;
4. Sabbatical leave;
5. Educational pursuits; or
6. Personal Illness.
Commented [ME13]: This language is from
Centerville Code for internal ADUs, hence the
reference to Utah Code 10-20-303. This language
does not exist in Utah Code 10-20-304 and,
therefore, may need to be removed entirely for
detached ADUs code here; will defer to City
Attorney for guidance.
A one-time waiver of the occupancy requirement will then be authorized, by the City’s Zoning
Administrator, up to a maximum of three years and one month. Thereafter, if not re-occupied
by the property owner, then the Detached ADU permit shall be deemed null and void and
one or more features constituting the Detached ADU shall be removed immediately, upon
notice from Centerville City, or the property will subject to applicable enforcement
measures.
12.58.110 Other Applicable Regulations and Codes
The creation and use of Detached ADUs are subject to other pertinent codes, restrictions,
and regulations that address applicable life, safety, and welfare concerns. Any Detached
ADU shall comply with the following:
1. Construction and Fire Codes. A Detached ADU shall be subject to all related
regulations regarding the building construction and fire codes, as adopted by the City
and State.
2. Utilities and Charges. A Detached ADU shall provide the necessary utilities and
services such as, but not limited to, sewer, water, gas, electricity, and garbage
collection. All City provided utilities shall be established in the property owner(s)
name and the property owner shall be responsible for the payment of such utility
services.
3. Development and Impact Fees. Detached ADUs meeting the development standards
of this Title shall be exempt from payment of additional impact fees beyond the
establishment of the primary single-family dwelling for the property.
4. Street Addressing. A Detached ADU will not be given a new distinct address by the
City. Such Detached ADUs may refer mail/parcel packages to be delivered separately
by the same address as the primary building using a subsidiary numerical or
alphabetical reference (e.g., 1390 West #A), as approved by the Public Works
Page 100 of 175
Director, local postmaster, and emergency service agencies, or by securing a
separate postal box.
Commented [ME14]: Need to verify this
12.58.120 Violations and Enforcement
language convention with the Public Works
Director to make sure this is the same as IADUs.
The applicable enforcement procedures for violations of these Detached ADU ordinance
provisions shall be subject to the civil or criminal penalties of CZC 12.23 (Enforcement).
Additionally, the City may utilize the enforcement provisions of Utah Code § 10-20-303
(Internal Accessory Dwelling Units) regarding violations and holding liens against the
property. [Internal comment – should we cite a Code here or delete and remove from, “…of
Commented [ME15]: Not sure what language
Utah Code 10-20-303 (Internal Accessory Dwelling Units) .…”?]
PC Mtg discussed ideas for language addition:
Concrete slab with no basement
to use here in place of this as Utah Code 10-20-304
does not have an enforcement provision or
standard in the same way that Utah Code 10-20303 with a spelled out lien process. May need to
evaluate enforcement language from other cities
ordinances or just omit this sentence; will seek
guidance from the City Attorney.
Gross square feet would allow for basements to be utilized (seem to be consensus on this)
Setbacks: 8 ft from all property lines (seems to be an idea to support); covers PUE no
placement
Mason: Find out how many registered DADUs that Bountiful has in their community; LaRae
– what they typically see in use as it relates to the size of the lot, do they allow basements
No second stories allowed
Add IADU for stairs, doors, etc
Accessory structure: would it allow sub-foundation development (building code or zoning
code language?)
Gross square footage maximum at 1250 maximum (no single level can exceed 800sf
maximum, utilizing basement req); 350sf min
8500 sf lot size minimum
Page 101 of 175
Proposed Draft Detached Accessory Dwelling Unit
(DADU) Language to include in Title 12 (CZC)
I suggest using Millcreek City’s Code as the starting point model backbone for the
Centerville City Ordinances in combination with Centerville language previously used to
establish Internal Accessory Dwelling Units (where they are both so similar in many ways),
then combine suggested code concepts to incorporate into this language, along with
directives from Planning Commission and City Attorney.
CZC 12.58 Detached Accessory Dwelling Units (DADU)
12.58 DETACHED ACCESSORY DWELLING UNIT (DADU) STANDARDS
12.58.010 Purpose
12.58.020 Interpretation and Scope
12.58.030 Definitions
12.58.040 Approval and Authorization
12.58.050 Uses Allowed
12.58.060 Development Standards Generally
12.58.070 Development Standards For Detached Accessory Dwelling Units
12.58.080 Limitations, Termination, And Exemptions
12.58.090 Existing Buildings and Detached ADU Conversion
12.58.100 Occupancy Requirements, Licenses, And Owner Affidavits
12.58.110 Other Applicable Regulations and Codes
12.58.120 Violations and Enforcement
12.58.010 Purpose
The purpose of this Chapter is to establish the use and development regulations for the
allowance of detached accessory dwelling units (DADUs) within the City. These regulations
are intended to provide opportunity for secondary separate living quarters (i.e., dwelling
unit) located externally on the same property as a primary single-family dwelling in
accordance with applicable State law, including, but not limited to Utah Code § 10-21-304.
12.58.020 Interpretation and Scope
The City’s intent in adopting this ordinance is not to increase the density of the underlying
zone designation. A Detached ADU shall always be an accessory use to the principal
dwelling.
Page 102 of 175
The requirements of this Chapter shall apply to any Detached ADU created or established
within the City. Such requirements shall not be construed to prohibit or limit other
applicable provisions of this Title, the Centerville Municipal Code, or other laws.
12.58.030 Definitions
Certain words and phrases in this Chapter, including uses, are defined in CZC 12.12
(Definitions). In addition to the definitions set forth in CZC 12.12 (Definitions), the following
words and phrases shall have the following meanings:
(a) Detached Accessory Dwelling Unit (DADU). A detached accessory dwelling unit
means an accessory dwelling unit created and located externally on the same
property as a primary single-family dwelling as more particularly defined in Utah
Code § 10-21-101.
(b) Primary Dwelling or Primary Single-Family Dwelling. Primary dwelling or primary
single-family dwelling means a single-family dwelling that is detached and is
occupied as the primary residence of the owner of record as more particularly
defined in Utah Code § 10-21-101.
12.58.040 Approval and Authorization
(a) The Zoning Administrator is authorized to issue permits for Detached ADUs in
accordance with the procedures and objective standards for review as set forth in
this Chapter and as set forth in CZC 12.21.090 (Permitted Use Review). Decisions
regarding the review, approval, or denial of Detached ADUs are administrative
proceedings and shall be made in accordance with the provisions of this Chapter
and CZC 12.21.060 regarding decision-making standards for administrative
proceedings.
(b) Properties are eligible for an accessory dwelling unit if:
1. Use in Combination. A Detached ADU shall be established as a secondary
accessory dwelling unit located externally on the same property as a primary singlefamily dwelling and shall only be established in combination within a primary singlefamily dwelling.
2. Owner Occupancy Required. A Detached ADU shall only be established on a
primary single-family dwelling property that is occupied by an owner in accordance
with the “Owner Occupancy” requirements of CZC 12.60.090.
3. Number allowed. Only one Detached ADU is allowed for:
a. A lot, parcel, or tract of land greater than 8,500 square feet; and
b. A primary single-family dwelling located within a primarily residential use
zone as more particularly designated in CZC 12.36 (Table of Uses).
Page 103 of 175
(c) A maximum of one (1) accessory dwelling unit (internal or detached) shall be
permitted on a qualifying owner-occupied single-family dwelling lot.
12.58.050 Uses Allowed
Detached ADUs are allowed in residential zones as set forth in CZC 12.36 (Table of Uses).
Permitted and conditional uses are indicated by “P” or “C,” respectively. Uses not
permitted are indicated by “N.”
12.58.060 General Development Standards
The development standards set forth in this Section shall apply to any Detached ADU that
is created or established within the City. The purposes of these development standards are
to ensure that a Detached ADU is clearly and distinctly an accessory use and externally
located and developed as an additional residential dwelling use to the approved primary
single-family dwelling use located on the property.
(a) Minimum Lot Size. The minimum lot size for establishing a Detached ADU shall be
8,500 square feet or more within an accessory structure as defined in CZC
12.12.040.
(b) A Detached ADU shall not be sold separately or subdivided from the principal
dwelling unit or property.
(c) A property may have a Detached ADU on the lot or parcel that is shared with the
primary dwelling. No single-family residential dwelling property may have more than
one type of ADU (internal or detached) on the same property.
(d) The design and size of the Detached ADU shall conform to all applicable standards
in the building, plumbing, electrical, mechanical, fire, health, and any other
applicable codes.
(e) The installation of a separate utility meter (from the main single-family dwelling) and
other separate utility connections will be required to be provided and connected to
a Detached ADU.
(f) The minimum setback for a Detached ADU shall be eight (8’) feet from all rear yard
property lines. A Detached ADU shall otherwise comply with the regulations of the
underlying zone for accessory buildings, this includes compliance location, height,
and development standards for accessory building development within the
underlying zone. Further no second story development of accessory buildings for
Detached ADU use is allowed. Where the provisions in this chapter are inconsistent
Page 104 of 175
with provisions found in any other chapters of City ordinances, the most restrictive
provisions shall apply.
(g) Design Standards. The Detached ADU shall incorporate at least one of the exterior
materials used in the principal dwelling for 20 percent of all structure facades. The
Detached ADU must have a pitched roof unless the principal dwelling has a flat
roof, in which case a Detached ADU may have a flat roof or a pitched roof. The
Detached ADU shall maintain the same color as the primary dwelling for at least 50
percent of all facades.
(h) Easements. Detached ADUs may not be built within a recorded easement; this
includes Public Utility Easements (PUE).
(i) Parking. At least one additional parking space shall be provided for a Detached ADU
that is sized smaller than 650 gross square feet and two additional parking spaces
shall be provided for a Detached ADU that is sized 650 gross square feet or larger;
provided, however that the existing parking requirements for the primary singlefamily dwelling are to remain in place or restored if missing. The Detached ADU
parking space may be located in tandem with other required parking spaces. All
required parking spaces must be located behind the front yard setback line of the
lot.
(j) Bulk Yard Area Limitation. The combined building footprint coverage of a lot area for
the primary single-family dwelling combined with the Detached ADU shall not
exceed the impervious surface allowance for the respective zoning district in which
it is located.
(k) Additional requirements for Detached ADUs shall be as set forth as otherwise
directed in this section of Code.
12.58.070 Development Standards For Detached Accessory Dwelling Units
(a) A detached ADU shall be a permanent structure or fixed and anchored to a
foundation or concrete slab so as to be installed as a permanent structure.
Additionally, appropriate screening/skirting shall be provided around the base of
any structure fixed and anchored to a foundation or concrete slab.
(b) Exterior lighting shall provide illumination directed downward and shall follow the
lighting standards of the City. Light sources shall not be visible from abutting
properties.
Page 105 of 175
(c) Windows on a façade, located within 15 feet of an abutting property containing a
single-household, twin home, or duplex dwelling, shall be fixed (non-operable) and
translucent or shall be installed skylights.
(d) Location of Entrances. Only one additional entrance may be located on the wall
façade that can be viewed from the public street directly adjacent to the same lot or
parcel in which the Detached ADU is located. All other entrances must be located
on wall facades facing interior to the lot.
1. Ground Entrance Restrictions. Ground entrances and coverings are
prohibited on a wall façade facing a perimeter lot line, unless such wall
façade is at least 10 feet from a perimeter lot line and such coverings are
located at least 6 feet from any perimeter lot line.
(e) Detached ADUs shall not be built on slopes of 30 percent or greater.
(f) Second story development of an accessory building for Detached ADU is prohibited.
(g) Basement development for a Detached ADU is permitted and, if utilized, will be
calculated into the total gross square footage use of the Detached ADU.
(h) Exterior stairways and landing shall not encroach into a setback.
Table 12.58.070-1
Detached Accessory Dwelling Unit Standard
Minimum Property Area
8,500 SF
Location
Rear Yard
Gross Square Footage
An ADU shall be allowed at a minimum size of 350 gross
square feet and up to a maximum size of 1250 gross square
feet. No single level may exceed 800 total square feet in size;
and basements are permitted with Detached ADU
development as long as the entire Detached ADU is below or
meets maximum gross square footage requirements.
Property Coverage Total
Determined by the underlying zone designation
Setbacks from Rear Yard
8 Feet minimum
Property Lines
Page 106 of 175
Setback from Main
Building
6 Feet
Maximum Height
20 Feet, further second story development of an accessory
building for Detached ADU use is prohibited
Occupancy Limit
2 adults and any number of children
Commented [ME1]: Do we want an occupancy
limit? If so, is this a good standard or should we use
a standard from another City?
12.58.080 Limitations, Termination, and Exemptions
Commented [ME2R1]: Talked with Building
Official and Fire Marshal. No regulations
applicable to occupancy limits that can be applied.
(a) No Short-Term Rental. A Detached ADU may not be used as a rental unit for fewer
than 90 consecutive days as more particularly defined and regulated pursuant to
Utah Code § 10-20-304. In order to regulate and prohibit short-term rentals, the City
shall require and record a notice for any approved Detached ADU with the Davis
County Recorder’s Office in accordance with Utah Code § 10-20-304.
(b) Termination of Detached ADU Use. The approval permit for a Detached ADU shall
become null and void if the occupancy requirements of this Chapter are not satisfied,
or the owner declares termination through writing or through neglect or any other
confirmed non-corrected action that violates the provisions of this Chapter. Upon
such termination of a Detached ADU use, the owner shall remove one or more
features that make up an Detached ADU including but not limited to living, sleeping,
or kitchen facilities, including electrical, gas, or plumbing, as deemed acceptable to
the City to render the Detached ADU removed or unusable.
(c) Exemptions. Detached ADUs shall not be included in the gross density calculations
for primarily single-family zoning districts.
12.58.190 Existing Buildings And Detached ADU Conversion
(a) Existing buildings in Centerville that were permitted prior to October 1, 2026, that
are intended to be used as a Detached ADU and cannot satisfy the standards set
forth in this chapter must file an application to have a structure declared a
noncomplying structure and then follow the application process for a
Nonconformities Determination as set forth in CZC 12.22 to have the use legally
established.
(b) Detached Accessory Dwelling Unit Conversions
1. A detached building that complies with all applicable height, building
envelope, setback, and property coverage requirements may be converted,
Commented [ME3]: This language likely won’t
apply to us and will likely be omitted; but should we
have a section of language for existing buildings in
similar circumstances, or is this not necessary? We
will need to decide whether or not to address this
and may also look to the similar codes from other
cities.
Commented [ME4R3]: I amended this
comment to reflect a date of start for this
ordinance, reference to the Centerville Zoning
Code for Nonconformities, and omitted guest
house comments. Hopefully, this matches what
the Planning Commission is seeking and also
meets State Code; would also defer to legal for
additional commentary and counsel. - July 30, 2026
Page 107 of 175
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
zoning, building, and fire codes of the City.
(c) The Zoning Administrator, or designee, 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.
12.58.100 Occupancy Requirements, Licenses, And Owner Affidavits
The occupancy requirements set forth in this Section shall apply to any ADU that is created
or established within the City. The purposes of these occupancy requirements are to
accommodate secondary separated living quarters (i.e., dwelling unit) with reasonable
limitations on their use and to minimize the impact on neighboring properties and the
desired setting of the City’s single-family neighborhoods.
(a) Definitions and Terms. The following definitions or terms are applicable to the
creation and use of Detached ADUs;
1. Owner. An owner is defined as a person occupying the premises as their sole
primary residence and having at least 50% or greater ownership interest in the
property.
2. Full-Time Residency. Full-time residency means the owner must live in a
dwelling for at least 183 consecutive calendar days of each calendar year.
3. Detached ADU Occupation. The Detached ADU is exclusively used for other
family members or for long-term rental with a minimum rental period of 90
days or more.
4. Owner Occupancy Affidavit. A signed and notarized owner-occupancy
acknowledgement for the property for sanctioning a Detached ADU and filed
with the City Recorder’s Office and/or recorded at the Davis County
Recorder’s Office.
5. Temporary Owner Absence Waiver. An approval granting a waiver of the
occupancy requirement due to specific short-term or temporary absences.
(b) Full Time Owner Residency. Either the primary single-family dwelling or the Detached
ADU is to be occupied by a full-time residency property owner as shown on the Davis
County Tax Assessment rolls.
(c) Owner Occupancy Affidavit and License. A Detached ADU owner must apply for a
Detached ADU License and sign an “owner occupancy affidavit” with the City and
Page 108 of 175
have it filed with the City Recorder and/or recorded at the Davis County Recorder’s
Office prior to receiving authorization of constructing and/or use of a Detached ADU.
Such license and affidavit shall at minimum establish the following:
1. That he/she/they are owner(s) of the property located in Centerville, Utah.
2. That he/she/they applied and intend to receive approval to construct or use a
Detached ADU pursuant to Centerville City ordinances.
3. That the owner(s) of the property confirm that the Detached ADU will be used
for the purpose of offering a long-term rental of at least 90 days or more to any
occupant of the Detached ADU.
4. That an owner with at least a 50% interest in the property will occupy either
the primary single-family dwelling or Detached ADU for six months of each
calendar year, except where a “temporary owner absence waiver” is granted
in accordance with Subsection (d).
5. That if the owner(s) of property are unable or unwilling to fulfill the
requirements for use of a Detached ADU, then the owners agree to remove
one or more features that make it a Detached ADU, including but not limited
to living areas, sleeping areas, or kitchen facilities, including electrical, gas, or
plumbing and further agree to terminate, in writing, the Detached ADU permit
and approval.
6. That the license and affidavit shall run with the land and be binding upon all
owners, heirs, and assigns, and upon all parties acquiring any right, title, or
interest in the property.
7. That the owners and their heirs, successors, and assigns will inform all
prospective purchasers of the property of the terms and conditions of the
permit authorizing the ADU.
(d) Recorded Notice of Detached ADU. On or after October 1, 2026, the City may record
against the property a notice of any approved Detached ADU in the Davis County
Recorder’s Office in accordance with Utah Code § 10-20-303. [Internal comment –
should we cite a Code here or delete and end with “Office.”?]
(e) Temporary Owner Absence Waiver. The owner(s) shall comply with the Full-Time
Owner Residency Requirements, or such absence or abandonment shall terminate
the Detached ADU permit, as approved by the City. Nonetheless, an owner may
receive a one-time waiver of the occupancy requirement upon submitting in writing
evidence showing good cause of temporary absence, such as:
1. A job relocation;
2. Military assignment;
3. Medical or other care of others;
4. Sabbatical leave;
5. Educational pursuits; or
6. Personal Illness.
Commented [ME5]: This language is from
Centerville Code for internal ADUs, hence the
reference to Utah Code 10-20-303. This language
does not exist in Utah Code 10-20-304 and,
therefore, may need to be removed entirely for
detached ADUs code here; will defer to City
Attorney for guidance.
Page 109 of 175
A one-time waiver of the occupancy requirement will then be authorized, by the City’s Zoning
Administrator, up to a maximum of three years and one month. Thereafter, if not re-occupied
by the property owner, then the Detached ADU permit shall be deemed null and void and
one or more features constituting the Detached ADU shall be removed immediately, upon
notice from Centerville City, or the property will subject to applicable enforcement
measures.
12.58.110 Other Applicable Regulations and Codes
The creation and use of Detached ADUs are subject to other pertinent codes, restrictions,
and regulations that address applicable life, safety, and welfare concerns. Any Detached
ADU shall comply with the following:
1. Construction and Fire Codes. A Detached ADU shall be subject to all related
regulations regarding the building construction and fire codes, as adopted by the City
and State.
2. Utilities and Charges. A Detached ADU shall provide the necessary utilities and
services such as, but not limited to, sewer, water, gas, electricity, and garbage
collection. All City provided utilities shall be established in the property owner(s)
name and the property owner shall be responsible for the payment of such utility
services.
3. Development and Impact Fees. Detached ADUs meeting the development standards
of this Title shall be exempt from payment of additional impact fees beyond the
establishment of the primary single-family dwelling for the property.
4. Street Addressing. A Detached ADU will not be given a new distinct address by the
City. Such Detached ADUs may refer mail/parcel packages to be delivered separately
by the same address as the primary building using a subsidiary numerical or
alphabetical reference (e.g., 1390 West #A), as approved by the Public Works
Director, local postmaster, and emergency service agencies, or by securing a
separate postal box.
Commented [ME6]: Need to verify this
12.58.120 Violations and Enforcement
language convention with the Public Works
Director to make sure this is the same as IADUs.
The applicable enforcement procedures for violations of these Detached ADU ordinance
provisions shall be subject to the civil or criminal penalties of CZC 12.23 (Enforcement).
Additionally, the City may utilize the enforcement provisions of Utah Code § 10-20-303
(Internal Accessory Dwelling Units) regarding violations and holding liens against the
property. [Internal comment – should we cite a Code here or delete and remove from, “…of
Commented [ME7]: Not sure what language to
Utah Code 10-20-303 (Internal Accessory Dwelling Units) .…”?]
use here in place of this as Utah Code 10-20-304
does not have an enforcement provision or
standard in the same way that Utah Code 10-20303 with a spelled out lien process. May need to
evaluate enforcement language from other cities
ordinances or just omit this sentence; will seek
guidance from the City Attorney.
Page 110 of 175
12.36.020 Table Of Uses For Residential Uses
Legend: "P" - permitted use, "C" - conditional use, "N" - not permitted
Zones
Residential Uses
A-L
A-M
R-L
R-M
R-H
PF-L
PF-M
PF-H
PF-VH
C-M
C-H
C-VH
I-M
I-H
I-VH
Assisted living facility
N
N
N
C
P
N
C
P
P
N
N
N
N
N
N
Boarding house
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
Building, accessory
Dwelling, basement
P
N
P
N
P
N
P
N
C
N
C
N
C
N
P
N
P
N
C
N
C
N
P
N
C
N
P
N
P
N
Dwelling, earth sheltered
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
Dwelling, multiple-family
N
N
N
P2
C
N
N
N
N
N
N
P1
N
N
N
Dwelling, single-family
P
N
P
P2
N
N
N
N
N
N
N
N
N
N
N
Dwelling, single-family
with detached accessory
dwelling unit
P?
N
P
P
N
N
N
N
N
N
N
N
N
N
N
Dwelling, single-family
with internal accessory
dwelling unit
P
N
P
P
N
N
N
N
N
N
N
N
N
N
N
Dwelling, temporary
See CZC 12.56 (Temporary Uses).
Dwelling, two-family
N
N
N
P2
P
N
N
N
N
N
N
N
N
N
N
Flag Lot Subdivision
Development
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
Guest house
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
Manufactured home
P
N
P
P
N
N
N
N
N
N
N
N
N
N
N
Page 111 of 175
Manufactured and mobile
home park
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
Manufactured and mobile
home subdivision
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
Mobile home
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
Protective housing facility
N
N
N
C
C
N
N
C
P
N
C
C
N
N
N
Rehabilitation/Treatment
facility
N
N
N
N
C
N
C
C
C
N
N
C
N
N
N
Residential facility for
persons with a disability
See CZC 12.65 (Residential Facilities).
Transitional housing
facility
N
N
N
N
C
N
N
C
C
N
C
C
N
N
N
Twin home
N
N
N
P2
N
N
N
N
N
N
N
N
N
N
N
Multiple-family residential dwellings shall only be permitted in the C-VH Zone as part of a commercial planned development in accordance with and subject to the provisions of CZC 12.41 (Planned
Development Overlay Zone).
See the permitted densities within the R-M Zone as more particularly described in CZC 12.30.020 (Zone Purposes) and as set forth in CZC 12.32.300 (Table of Development Standards in Residential
Zones). Any residential development within the R-M Zone shall also be subject to the development standards set forth in CZC 12.32.055 (Additional Development Standards for R-M and R-H Zones).
Accessory Dwelling Units
HISTORY
Adopted by Ord. 2016-20 on 7/15/2016
Amended by Ord. 2016-29 on 11/15/2016
Page 112 of 175
Amended by Ord. 2017-28 on 11/21/2017
Amended by Ord. 2021-18 on 9/7/2021
Page 113 of 175
Utah Code
Effective 10/1/2026
10-21-304 Detached accessory dwelling units.
(1)
(a) A specified municipality shall adopt a land use regulation that permits a detached accessory
dwelling unit on any lot or parcel that is 11,000 square feet or larger and contains a singlefamily dwelling, if the single-family dwelling is a permitted use on the lot or parcel.
(b) This section does not prohibit a municipality from adopting a land use regulation that permits
a detached accessory dwelling unit on a lot or parcel that is smaller than 11,000 square feet.
(2) A land use regulation described in Subsection (1) shall:
(a) require that a detached accessory dwelling unit comply with all applicable building, health,
and fire codes; and
(b) include a process for the owner of a legally constructed accessory structure to convert the
accessory structure to a detached accessory dwelling unit subject to applicable:
(i) dwelling and accessory structure setback requirements; and
(ii) building, health, and fire codes.
(3) A land use regulation described in Subsection (1) may not:
(a) require a conditional use permit for a detached accessory dwelling unit if the proposed
detached accessory dwelling unit is located in a primarily residential zone;
(b) require more than two on-site parking spaces assigned to a detached accessory dwelling unit
that is 650 square feet or larger;
(c) require more than one on-site parking space assigned to a detached accessory dwelling unit
that is smaller than 650 square feet; or
(d) include design standards for a detached accessory dwelling unit that conflict with Section
10-20-618.
(4) A land use regulation described in Subsection (1) may:
(a) require a detached accessory dwelling unit to:
(i) conform to applicable land use regulations that regulate structure size, dimension, height,
and maximum lot coverage;
(ii) conform to setback requirements, that may take into account proximity to property lines and
other structures, easements, window orientation, massing, or other elements; and
(iii) be designed consistent with the design of the single-family dwelling;
(b) prohibit a detached accessory dwelling unit from being:
(i) larger in size than the single-family dwelling located on the same lot or parcel;
(ii) located within a public utility easement or other recorded easement;
(iii) located in a front-yard area of a lot or parcel; or
(iv) rented for less than 90 consecutive days;
(c) require that the owner of a lot or parcel where a detached accessory dwelling unit is located
reside in the detached single-family dwelling or detached accessory dwelling unit located on
the lot or parcel;
(d) require that when a detached garage is converted to a detached accessory dwelling unit, any
parking spaces required for the single-family dwelling that were located within the detached
garage are replaced on-site;
(e) prohibit more than one accessory dwelling unit on a lot or parcel; and
(f) prohibit a detached accessory dwelling unit if:
(i) the detached accessory dwelling unit will not have adequate access to a required utility
service that is a project improvement, including sanitary sewer, culinary water, electrical, or
storm water; or
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(ii) a utility service that is a system improvement, including sanitary sewer, culinary water,
electrical, or storm water, to which the detached accessory dwelling unit is required to
connect does not have sufficient capacity to support the addition of the detached accessory
dwelling unit to the utility service system improvements.
(5) This section does not supersede:
(a) a land use regulation that regulates a detached accessory building that is not a detached
accessory dwelling unit;
(b) prohibitions or restrictions on detached accessory dwelling units in a development agreement
signed by a municipality on or before May 6, 2026; or
(c) a land use regulation or administrative action that:
(i) is not prohibited by law; and
(ii) relates to a detached accessory dwelling unit.
Enacted by Chapter 166, 2026 General Session
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Effective 7/1/2026
10-21-101 Definitions.
As used in this part:
(1) "Accessory dwelling unit" means a habitable living unit added to, created within, or detached
from a single-family dwelling and contained on one lot or parcel.
(2) "Accessory structure" means a detached structure located on the same lot or parcel as
a principal structure and is incidental and subordinate to the size and use of the principal
structure.
(3) "Affordable housing" means housing offered for sale at 80% or less of the median county home
price for housing of that type.
(4) "Agency" means the same as that term is defined in Section 17C-1-102.
(5) "Applicable metropolitan planning organization" means the metropolitan planning organization
that has jurisdiction over the area in which a fixed guideway public transit station is located.
(6) "Applicable public transit district" means the public transit district, as defined in Section
17B-2a-802, of which a fixed guideway public transit station is included.
(7) "Base taxable value" means a property's taxable value as shown upon the assessment roll last
equalized during the base year.
(8) "Base year" means, for a proposed home ownership promotion zone area, a year beginning the
first day of the calendar quarter determined by the last equalized tax roll before the adoption of
the home ownership promotion zone.
(9) "Detached accessory dwelling unit" means an accessory dwelling unit that is not attached to or
within a primary detached single-family dwelling and located on the same lot or parcel as the
primary detached single-family dwelling.
(10) "Division" means the Division of Housing and Community Development within the Governor's
Office of Economic Development.
(11) "Existing fixed guideway public transit station" means a fixed guideway public transit station
for which construction begins before June 1, 2022.
(12) "Fixed guideway" means the same as that term is defined in Section 59-12-102.
(13) "Home ownership promotion zone" means a home ownership promotion zone created
in accordance with Title 63N, Chapter 23, Part 5, Home Ownership Promotion Zone for
Municipalities.
(14) "Implementation plan" means the implementation plan adopted as part of the moderate
income housing element of a specified municipality's general plan as provided in Subsection
10-21-201(4).
(15) "Initial report" or "initial moderate income housing report" means the one-time report described
in Subsection 10-21-202(1).
(16) "Internal accessory dwelling unit" means an accessory dwelling unit created:
(a) within a primary dwelling;
(b) within the footprint of the primary dwelling described in Subsection (16)(a) at the time the
internal accessory dwelling unit is created; and
(c) for the purpose of offering a long-term rental of 30 consecutive days or longer.
(17) "Moderate income housing strategy" means a strategy described in Subsection 10-21-201(3)
(a)(iii).
(18) "New fixed guideway public transit station" means a fixed guideway public transit station for
which construction begins on or after June 1, 2022.
(19) "Participant" means the same as that term is defined in Section 17C-1-102.
(20) "Participation agreement" means the same as that term is defined in Section 17C-1-102.
(21)
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(a) "Primary dwelling" means a single-family dwelling that:
(i) is detached; and
(ii) is occupied as the primary residence of the owner of record.
(b) "Primary dwelling" includes a garage if the garage:
(i) is a habitable space; and
(ii) is connected to the primary dwelling by a common wall.
(22) "Project improvements" means the same as that term is defined in Section 11-36a-102.
(23) "Qualifying land use petition" means a petition:
(a) that involves land located within a station area for an existing public transit station that
provides rail services;
(b) that involves land located within a station area for which the municipality has not yet satisfied
the requirements of Subsection 63N-23-104(1)(a);
(c) that proposes the development of an area greater than five contiguous acres, with no less
than 51% of the acreage within the station area;
(d) that would require the municipality to amend the municipality's general plan or change a
zoning designation for the land use application to be approved;
(e) that would require a higher density than the density currently allowed by the municipality;
(f) that proposes the construction of new residential units, at least 10% of which are dedicated to
moderate income housing; and
(g) for which the land use applicant requests the municipality to initiate the process of
satisfying the requirements of Subsection 63N-23-104(1)(a) for the station area in which the
development is proposed, subject to Subsection 63N-23-104(2)(d).
(24) "Report" means an initial report or a subsequent progress report.
(25) "Specified municipality" means:
(a) a city of the first, second, third, or fourth class; or
(b) a city of the fifth class with a population of 5,000 or more, if the city is located within a county
of the first, second, or third class.
(26)
(a) "Station area" means:
(i) for a fixed guideway public transit station that provides rail services, the area within a onehalf mile radius of the center of the fixed guideway public transit station platform; or
(ii) for a fixed guideway public transit station that provides bus services only, the area within a
one-fourth mile radius of the center of the fixed guideway public transit station platform.
(b) "Station area" includes any parcel bisected by the radius limitation described in Subsection
(26)(a)(i) or (ii).
(27) "Station area plan" means a plan that:
(a) establishes a vision, and the actions needed to implement that vision, for the development of
land within a station area; and
(b) is developed and adopted in accordance with this section.
(28) "Subsequent progress report" means the annual report described in Subsection 10-21-202(2).
(29) "System improvements" means the same as that term is defined in Section 11-36a-102.
(30) "Tax commission" means the State Tax Commission created in Section 59-1-201.
(31)
(a) "Tax increment" means the difference between:
(i) the amount of property tax revenue generated each tax year by a taxing entity from the area
within a home ownership promotion zone, using the current assessed value and each taxing
entity's current certified tax rate as defined in Section 59-2-924; and
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(ii) the amount of property tax revenue that would be generated from that same area using the
base taxable value and each taxing entity's current certified tax rate as defined in Section
59-2-924.
(b) "Tax increment" does not include property revenue from a multicounty assessing and
collecting levy or a county additional property tax described in Section 59-2-1602.
(32) "Taxing entity" means the same as that term is defined in Section 17C-1-102.
Amended by Chapter 393, 2026 General Session
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Effective 11/6/2025
10-21-303 Internal accessory dwelling units.
(1) 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 (2) and (3), a municipality 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 municipality'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.
(2) An internal accessory dwelling unit shall comply with all applicable building, health, and fire
codes.
(3) A municipality 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 municipality's land use regulation, except that if the
municipality's land use ordinance requires four off-street parking spaces, the municipality
may not require the additional space contemplated under this Subsection (3)(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 a 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:
(i) 25% or less of the total area in the municipality that is zoned primarily for residential use,
except that the municipality may not prohibit newly constructed internal accessory dwelling
units that:
(A) have a final plat approval dated on or after October 1, 2021; and
(B) comply with applicable land use regulations; or
(ii) 67% or less of the total area in the municipality that is zoned primarily for residential use, if
the main campus of a state or private university with a student population of 10,000 or more
is located within the municipality;
(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;
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(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 (4); and
(l) record a notice for an internal accessory dwelling unit in accordance with Subsection (5).
(4)
(a) In addition to any other legal or equitable remedies available to a municipality, a municipality
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 (3);
(ii) the municipality provides a written notice of violation in accordance with Subsection (4)(b);
(iii) the municipality holds a hearing and determines that the violation has occurred in
accordance with Subsection (4)(d), if the owner files a written objection in accordance with
Subsection (4)(b)(iv);
(iv) the owner fails to cure the violation within the time period prescribed in the written notice of
violation under Subsection (4)(b);
(v) the municipality provides a written notice of lien in accordance with Subsection (4)(c); and
(vi) the municipality records a copy of the written notice of lien described in Subsection (4)(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 municipality 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 municipality 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 (4)(b)(ii), 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;
(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 municipal 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) state that the property is subject to a lien;
(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:
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(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 (4)(b)(iv), the
municipality 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 (4)(b) has occurred; and
(B) notify the owner in writing of the date, time, and location of the hearing described in
Subsection (4)(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 (4)(b)(iv), a municipality
may not record a lien under this Subsection (4) until the municipality holds a hearing and
determines that the specific violation has occurred.
(iii) If the municipality determines at the hearing that the specific violation has occurred, the
municipality 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 (4)(b), the municipality 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 (4)(b).
(5)
(a) A municipality 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 (5)(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 municipality's land use regulations.
(c) The municipality shall, upon recording the notice described in Subsection (5)(a), deliver a
copy of the notice to the owner of the internal accessory dwelling unit.
Renumbered and Amended by Chapter 15, 2025 Special Session 1
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12.60 Internal Accessory Dwelling Units
12.60.010 Purpose
12.60.020 Scope
12.60.030 Definitions
12.60.040 Approval And Authorization
12.60.050 Use Allowed
12.60.060 Limitations, Termination, And Exemptions
12.60.070 General Development Standards
12.60.080 Design Standards
12.60.090 Occupancy Requirements, Licenses, And Owner Affidavits
12.60.100 Violations And Enforcement
12.60.110 Other Applicable Regulations And Codes
12.60.010 Purpose
The purpose of this Chapter is to establish the use and development regulations for the allowance of
internal accessory dwelling units (Internal ADUs) within the City. These regulations are intended to
provide opportunity for an internally located secondary separated living quarters (i.e., dwelling unit)
within a primary single-family dwelling in accordance with applicable State law, including, but not limited
to Utah Code § 10-21-303.
HISTORY
Adopted by Ord. 2021-18 on 9/7/2021
Amended by Ord. 2026-01 (LUDMA renumbering) on 2/3/2026
12.60.020 Scope
The requirements of this Chapter shall apply to any Internal ADU created or established within the City.
Such requirements shall not be construed to prohibit or limit other applicable provisions of this Title, the
Centerville Municipal Code, or other laws.
HISTORY
Adopted by Ord. 2021-18 on 9/7/2021
12.60.030 Definitions
Certain words and phrases in this Chapter, including uses, are defined in CZC 12.12 (Definitions). In
addition to the definitions set forth in CZC 12.12 (Definitions), the following words and phrases shall
have the following meanings:
(a) Internal Accessory Dwelling Unit (Internal ADU). An internal accessory dwelling unit means an
accessory dwelling unit created within a primary dwelling as more particularly defined in Utah
Code § 10-20-612.
(b) Primary Dwelling or Primary Single-Family Dwelling. Primary dwelling or primary single-family
dwelling means a single-family dwelling that is detached and is occupied as the primary
residence of the owner of record as more particularly defined in Utah Code § 10-20-612.
HISTORY
Adopted by Ord. 2021-18 on 9/7/2021
Amended by Ord. 2026-01 (LUDMA renumbering) on 2/3/2026
12.60.040 Approval And Authorization
The Zoning Administrator is authorized to issue permits for Internal ADUs in accordance with the
procedures and objective standards for review as set forth in this Chapter and as set forth in CZC
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12.21.090 (Permitted Use Review). Decisions regarding the review, approval, or denial of Internal
ADUs are administrative proceedings and shall be made in accordance with the provisions of this
Chapter and CZC 12.21.060 regarding decision-making standards for administrative proceedings.
HISTORY
Adopted by Ord. 2021-18 on 9/7/2021
12.60.050 Use Allowed
Internal ADUs are allowed in residential zones as set forth in CZC 12.36 (Table of Uses). Permitted and
conditional uses are indicated by “P” or “C,” respectively. Uses not permitted are indicated by “N.”
HISTORY
Adopted by Ord. 2021-18 on 9/7/2021
12.60.060 Limitations, Termination, And Exemptions
(a) Use in Combination. An Internal ADU shall be established as an internally located secondary
accessory dwelling unit and shall only be established in combination within a primary singlefamily dwelling.
(b) Owner Occupancy Required. An Internal ADU shall only be established for a primary singlefamily dwelling that is occupied by an owner in accordance with the “Owner Occupancy”
requirements of CZC 12.60.090.
(c) Number allowed. Only one Interna ADU is allowed for:
(1) A lot, parcel, or tract of land greater than 6,000 square feet; and
(2) A primary single-family dwelling located within a primarily residential use zone as more
particularly designated in CZC 12.36 (Table of Uses).
(d) Location or Placement. An Internal ADU may be integrated within or as a part of the primary
single-family dwelling structure and shall maintain the character of the primary single-family
dwelling structure and such neighborhood context.
(e) Separate Dwelling Units. Any portion of a primary single-family dwelling that has been sectioned
off, mechanically, physically, or by other means, so that any occupant in the primary singlefamily dwelling does not have full and free access to the separated portion of the dwelling and
such separated area contains living quarters which provide sleeping, sanitary, and fixed kitchen
facilities, or any separate accessory building or structure containing the same, shall be subject
to the provisions of this Chapter, regardless of the relationship of the occupants.
(f) No Short-Term Rental. An Internal ADU may not be used as a short-term rental for fewer than
30 consecutive days as more particularly defined and regulated pursuant to Utah Code § 10-885.4. In order to regulate and prohibit short-term rentals, the City shall require and record a
notice for any approved Internal ADU with the Davis County Recorder’s Office in accordance
with Utah Code § 10-20-303.
(g) Termination of Internal ADU Use. The approval permit for an Internal ADU shall become null
and void if the occupancy requirements of this Chapter are not satisfied, or the owner declares
termination through writing or through neglect or any other confirmed non-corrected action that
violates the provisions of this Chapter. Upon such termination of an Internal ADU use, the owner
shall remove one or more features that make up an Internal ADU including but not limited to
living, sleeping, or kitchen facilities, including electrical, gas, or plumbing, as deemed acceptable
to the City to render the Internal ADU removed or unusable.
(h) Exemptions. Internal ADUs shall not be included in the gross density calculations for primarily
single-family zoning districts.
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HISTORY
Adopted by Ord. 2021-18 on 9/7/2021
Amended by Ord. 2026-01 (LUDMA renumbering) on 2/3/2026
12.60.070 General Development Standards
The development standards set forth in this Section shall apply to any Internal ADU that is created or
established within the City. The purposes of these development standards are to ensure that the
Internal ADU is clearly and distinctly an accessory use and internally located as part of the approved
primary single-family dwelling use located on the property.
(a) Creation. An Internal ADU shall only be established through the following methods:
(1) Converting existing living area, attic, basement, or other area of a primary single-family
dwelling. The conversion of the primary single-family dwelling’s garage space is
prohibited without providing the required parking stalls in another appropriately City
approved location;
(2) Adding floor area to the primary single-family dwelling; or
(3) Integrating an Internal ADU into the design plan for new construction of a primary singlefamily dwelling.
(b) Minimum Lot Size. The minimum lot size for establishing an Internal ADU shall be 6,000 square
feet or more within a primary single-family dwelling.
(c) Setbacks. An Internal ADU created within or attached to the primary single-family dwelling shall
meet the applicable front, side, and rear yard setbacks for “main buildings” as listed in the
development standards of the respective zone.
(d) Heights. An Internal ADU created within or attached to the primary single-family dwelling shall
meet the applicable height requirement for primary or main buildings as listed in the
development standards of the respective zone.
(e) Parking. At least one additional parking space shall be provided for an Internal ADU; provided,
however that the existing parking requirements for the primary single-family dwelling are to
remain in place or restored if missing. The Internal ADU parking space may be located in
tandem with other required parking spaces. All required parking spaces must be located behind
the front yard setback line of the lot.
(f) Bulk Yard Area Limitation. The combined building footprint coverage of a lot area for the primary
single-family dwelling and the Internal ADU shall not exceed the impervious surface allowance
for the respective zoning district in which it is located.
HISTORY
Adopted by Ord. 2021-18 on 9/7/2021
12.60.080 Design Standards
The design standards set forth in this Section are to apply to any Internal ADU that is created or
established within the City. The purposes of these design standards are to ensure Internal ADU
compatibility with the general pattern, character, and livability of Centerville’s typical low density singlefamily neighborhoods.
(a) Exterior Finish Materials. The exterior finish materials should be compatible with, or visually
appear to be harmonious with the type, size, and colors of the finish materials utilized on the
primary single-family dwelling on the lot or parcel.
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(b) Location of Entrances. Only one additional entrance may be located on the wall facade that can
be viewed from the public street directly adjacent to the same lot or parcel in which the Internal
ADU is located. All other entrances must be located on wall facades facing interior to the lot.
(1) Ground Entrance Restrictions. Ground entrances and coverings are prohibited on a wall
facade facing a perimeter lot line, unless such wall façade is at least 10 feet from a
perimeter lot line and such coverings are located at least 6 feet from any perimeter lot
line.
(2) Upper Story Entrance Restrictions. Upper story entrances and coverings (e.g., access
from balconies and decks) having no other ground entrances are prohibited on a wall
façade facing a perimeter lot line unless such wall façade is located 10 feet from the
perimeter lot line and such coverings are located at least 6 feet from any perimeter lot
line.
(c) Roof Pitch. The roof pitch should be compatible or visually appear to be harmonious with the
roof pitch style of the primary single-family dwelling on the lot or parcel in which the ADU is
located.
(d) Windows. Windows should be compatible or visually appear to be harmonious in proportion (i.e.,
width to height) and orientation (i.e., horizontal, or vertical) to windows used for the primary
single-family dwelling.
(e) Eaves. Building eaves for Internal ADUs should meet one of the following designs:
(1) The eaves are to project from the walls the same distance as the eaves on the primary
single-family dwelling.
(2) The eaves are to project from the walls at least one foot on all elevations.
(3) If the primary single-family dwelling style has no eaves, then eaves are not required for
the Internal ADU.
(f) Design. The Internal ADU shall be designed and maintained in a manner that does not change
the appearance of the primary single-family dwelling.
(g) Exceptions. If there is a conflict between these design standards and the adopted Construction
Codes of the City, then the applicable Construction Code shall govern that particular design
element.
HISTORY
Adopted by Ord. 2021-18 on 9/7/2021
12.60.090 Occupancy Requirements, Licenses, And Owner Affidavits
The occupancy requirements set forth in this Section shall apply to any ADU that is created or
established within the City. The purposes of these occupancy requirements are to accommodate
internal secondary separated living quarters (i.e., dwelling unit) with reasonable limitations on their use
and to minimize the impact on neighboring properties and the desired setting of the City’s single-family
neighborhoods.
(a) Definitions and Terms. The following definitions or terms are applicable to the creation and use
of Internal ADUs;
(1) Owner. An owner is defined as a person occupying the premises as their sole primary
residence and having at least 50% or greater ownership interest in the property.
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(2) Full-Time Residency. Full-time residency means the owner must live in a dwelling for at
least 183 consecutive calendar days of each calendar year.
(3) Internal ADU Occupation. The Internal ADU is exclusively used for other family members
or for long-term rental with a minimum rental period of 30 days or more.
(4) Owner Occupancy Affidavit. A signed and notarized owner-occupancy acknowledgement
for the property for sanctioning an Internal ADU and filed with the City Recorder’s Office
and/or recorded at the Davis County Recorder’s Office.
(5) Temporary Owner Absence Waiver. An approval granting a waiver of the occupancy
requirement due to specific short-term or temporary absences.
(b) Full Time Owner Residency. Either the primary single-family dwelling or the Internal ADU is to
be occupied by a full-time residency property owner as shown on the Davis County Tax
Assessment rolls.
(c) Owner Occupancy Affidavit and License. An Internal ADU owner must apply for an Internal ADU
License and sign an “owner occupancy affidavit” with the City and have it filed with the City
Recorder and/or recorded at the Davis County Recorder’s Office prior to receiving authorization
of constructing and/or use of an Internal ADU. Such license and affidavit shall at minimum
establish the following:
(1) That he/she/they are owner(s) of the property located in Centerville, Utah.
(2) That he/she/they applied and intend to receive approval to construct or use an Internal
ADU pursuant to Centerville City ordinances.
(3) That the owner(s) of the property confirm that the Internal ADU will be used for the
purpose of offering a long-term rental of at least 30 days or more to any occupant of the
Internal ADU.
(4) That an owner with at least a 50% interest in the property will occupy either the primary
single-family dwelling or Internal ADU for six months of each calendar year, except
where a “temporary owner absence waiver” is granted in accordance with Subsection
(d).
(5) That if the owner(s) of property are unable or unwilling to fulfill the requirements for use
of an Internal ADU, then the owners agree to remove one or more features that make it
an Internal ADU, including but not limited to living areas, sleeping areas, or kitchen
facilities, including electrical, gas, or plumbing and further agree to terminate, in writing,
the Internal ADU permit and approval.
(6) That the license and affidavit shall run with the land and be binding upon all owners,
heirs, and assigns, and upon all parties acquiring any right, title, or interest in the
property.
(7) That the owners and their heirs, successors, and assigns will inform all prospective
purchasers of the property of the terms and conditions of the permit authorizing the ADU.
(d) Recorded Notice of Internal ADU. On or after October 1, 2021, the City may record against the
property a notice of any approved Internal ADU in the Davis County Recorder’s Office in
accordance with Utah Code § 10-20-303.
(e) Temporary Owner Absence Waiver. The owner(s) shall comply with the Full-Time Owner
Residency Requirements, or such absence or abandonment shall terminate the Internal ADU
permit, as approved by the City. Nonetheless, an owner may receive a one-time waiver of the
occupancy requirement upon submitting in writing evidence showing good cause of temporary
absence, such as:
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(1) A job re-location;
(2) Military assignment;
(3) Medical or other care of others;
(4) Sabbatical leave;
(5) Educational pursuits; or
(6) Personal Illness.
A one-time waiver of the occupancy requirement will then be authorized, by the City’s Zoning
Administrator, up to a maximum of three years and one month. Thereafter, if not re-occupied
by the property owner, then the Internal ADU permit shall be deemed null and void and one or
more features constituting the Internal ADU shall be removed immediately, upon notice from
Centerville City, or the property will subject to applicable enforcement measures.
HISTORY
Adopted by Ord. 2021-18 on 9/7/2021
Amended by Ord. 2021-25 on 11/16/2021
Amended by Ord. 2026-01 (LUDMA renumbering) on 2/3/2026
12.60.100 Violations And Enforcement
The applicable enforcement procedures for violations of these Internal ADU ordinance provisions shall
be subject to the civil or criminal penalties of CZC 12.23 (Enforcement). Additionally, the City may
utilize the enforcement provisions of Utah Code § 10-20-303 (Internal Accessory Dwelling Units)
regarding violations and holding liens against the property.
HISTORY
Adopted by Ord. 2021-18 on 9/7/2021
Amended by Ord. 2026-01 (LUDMA renumbering) on 2/3/2026
12.60.110 Other Applicable Regulations And Codes
The creation and use of Internal ADUs are subject to other pertinent codes, restrictions, and regulations
that address applicable life, safety, and welfare concerns. Any Internal ADU shall comply with the
following:
(a) Construction and Fire Codes. An Internal ADU shall be subject to all related regulations
regarding the building construction and fire codes, as adopted by the City and State.
(b) Utilities and Charges. An Internal ADU shall provide the necessary utilities and services such
as, but not limited to, sewer, water, gas, electricity, and garbage collection. All City provided
utilities shall be established in the property owner(s) name and the property owner shall be
responsible for the payment of such utility services.
(c) Development and Impact Fees. Internal ADUs meeting the development standards of this Title
shall be exempt from payment of additional impact fees beyond the establishment of the primary
single-family dwelling for the property.
(d) Street Addressing. An Internal ADU will not be given a new distinct address by the City. Such
Internal ADUs may refer mail/parcel packages to be delivered separately by the same address
as the primary building using a subsidiary numerical or alphabetical reference (e.g., 1390 West
#A), as approved by the Public Works Director, local postmaster, and emergency service
agencies, or by securing a separate postal box.
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(e) Second Kitchen in Single-Family Dwelling. An Internal ADU is separate and distinct from a
second kitchen authorization pursuant to CZC 12.55.160. If a property owner has an approved
second kitchen that the property owner wants to convert into or eliminate to allow for an Internal
ADU, the property owner shall notify the City of the second kitchen authorization as part of the
application process for approval of an Internal ADU. Any document recorded against the
property regarding conversion of or limitations on the second kitchen shall be vacated or
removed from the property title prior to approval or as a condition of approval of the Internal
ADU.
HISTORY
Adopted by Ord. 2021-18 on 9/7/2021
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Detached Accessory Dwelling Unit (DADU) Roadmap
July 15, 2026
Statutory Requirements
SB 284 (2026) enacted Utah State Code §10-21-304, which requires all cities that submit MIHP
reports to adopt a detached accessory dwelling unit (DADU) ordinance by October 1, 2026.
ULCT negotiated this language so that key legislative priorities were spelled out in statute, but
the majority of implementation details are left to the discretion of individual municipalities.
To be compliant with state law, your city’s DADU ordinance MUST:
•
•
•
Allow DADUs on lots larger than 11,000 sq. ft. with single family dwellings
Require DADUs to comply with all applicable building, health, and fire codes
Include a process for conversion of a legally constructed accessory structure to
a DADU, subject to dwelling and accessory structure setback requirements
To be compliant with state law, your city’s DADU ordinance MUST NOT:
•
•
•
Require a conditional use permit for a DADU proposed in a primarily residential
zone
Require more than one parking spot for a DADU less than 650 sq. ft., or more
than two parking spots for all DADUs
Include designs standards that conflict with §10-20-618
Additional Policy Considerations
Your city has the discretion to include any other regulations in its DADU ordinance so
long as these additional regulations don’t conflict with the statutory requirements
outlined above. However, as you create or modify your DADU ordinance, please consider
how your policies may be seen from a state legislator’s perspective. Are the regulations
necessary? Do the additional regulations effectively eliminate a property owner’s ability
to construct a DADU on their lot?
Other regulations your city may consider including in its DADU ordinance are:
•
•
Prohibiting DADUs in areas with inadequate access to utilities and/or insufficient
infrastructure capacity, on the project and system level, for sanitary sewer, culinary
water, electric, or storm water
Regulating size (individually or in relation to the single-family dwelling), dimension,
height, maximum lot coverage, and setback requirements
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•
•
•
•
•
•
•
Requiring DADUs to have a consistent design with the single-family dwelling
Prohibiting DADUs from being in front yards and public utility easements
Prohibiting DADUs from being rented for less than 90 consecutive days
Requiring the owner to live in the single-family dwelling or the DADU
Requiring replacement of on-site parking spaces when a garage is converted to a DADU
Limiting a property owner from having both a DADU and an internal ADU on the same lot
(giving the property owner the choice to have one or the other). Both DADUs and IADUs
must still be permitted per city code, but the city code may require a property owner to
choose either one or the other.
Requiring compliance with all other land use ordinances of the city, including business
licensing, utility meters, mailing addresses, and more
Please remember that just because you CAN include additional regulations in your
DADU ordinance does not always mean that you SHOULD. Be deliberate and thoughtful
in how you approach your DADU policies.
Example DADU Ordinances
You can find links to detached ADU ordinances from twenty Utah cities below. Please
note that most of these examples require modifications to fully comply with all
requirements of §10-21-304. Therefore, these examples should be used by city
decision makers as a reference for formatting and policy considerations instead of a
comprehensive template.
1. Brigham City Code Title XV
156.360
2. Clinton City Code 28-3-27
3. Draper City Code 9-31
4. Farmington City Code 11-28-200
a. Farmington’s ADU toolkit
5. Grantsville City Code Land Use
Ordinances Chapter 25
6. Holladay City Code 13.14.031
7. Hurricane City Code 10-41
8. Ivins City Code 16.12.103
9. Layton City Code 19.06.300
10. Midvale City Code 17-7-1.8
11. Millcreek City Code 18.71
a. See 18.71.130(C) for an
example of a DADU
conversion process
12. Murray City Code 17.78
13. Ogden City Code 15-13-39
14. Providence City Code 10-12-4
15. Riverton City Code 18.225.080
16. Salt Lake City Code 21A.40.200
17. Smithfield City Code 17.92
18. Springville City Code 11-6-134
19. St. George City Code 10-17A-3
20. Washington City Code 9-8A-8
Disclaimer: This document is not intended to be legal advice and should not be relied upon as such. We
encourage you to seek your own legal advice and read applicable state statute to determine how to comply
with legal requirements referenced in this document.
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DETACHED ACCESSORY DWELLING UNIT – CODE
RESEARCH OF OTHER JURISDICTIONS
BOUNTIFUL CITY 14-14-124 “Accessory Dwelling Units”
14-14-124 ACCESSORY DWELLING UNIT
A. Purpose: The City recognizes that accessory dwelling units in single-family residential
zones can be an important tool in the overall housing plan for the City. The purposes of the
accessory dwelling unit standards of this Code are to:
1. Allow opportunities for property owners to provide social or personal support for
family members where independent living is desirable.
2. Provide for affordable housing opportunities.
3. Make housing units available to moderate income people who might otherwise
have difficulty finding homes within the City.
4. Provide opportunities for additional income to offset rising housing costs.
5. Develop housing units in single-family neighborhoods that are appropriate for
people at a variety of stages in the life cycle.
6. Preserve the character of single-family neighborhoods by providing standards
governing development of accessory dwelling units.
B. Detached Accessory Dwelling Units.
1. A detached accessory structure located on an owner-occupied property.
2. A detached accessory dwelling unit is a conditional use, reviewed and
considered for approval by the Bountiful City Administrative Committee.
C. A detached accessory dwelling unit shall not be approved, and shall be deemed
unlawful, unless it meets all the following criteria:
1. Shall be a conditional use only within the Single-Family Residential zone,
Residential Multiple (RM) Family Zone, and the Downtown (DN) Mixed Use Zone; and shall
not be permitted in any other zone.
2. It is unlawful to allow, construct, or reside in an accessory dwelling unit within a
duplex or multi-family residential building or property.
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3. It is unlawful to reside in, or allow to reside in, an accessory dwelling unit that has
not received a conditional use permit or without written authorization from the Bountiful
City Planning Department.
4. A maximum of one (1) accessory dwelling unit shall be permitted on a qualifying
lot.
5. It is unlawful to construct, locate, or otherwise situate an accessory dwelling unit
on a lot or parcel of land that does not contain a habitable single-family dwelling.
6. A deed restriction limiting the use of a property to a single-family dwelling,
prepared by the Bountiful City Planning Director, and signed by all owners of the property
on which an accessory dwelling unit is located, shall be recorded with the Davis County
Recorder’s Office prior to occupancy of the accessory dwelling unit. If a building permit is
required, then said deed restriction shall be recorded prior to issuance of the building
permit.
7. The property owner must occupy either the principal unit or the accessory
dwelling unit as their permanent residence and at no time receive rent for the owneroccupied unit. An application for an accessory dwelling unit shall include proof of owner
occupancy as evidenced by voter registration, vehicle registration, driver's license, county
assessor records or other similar means required by the Planning Department.
8. Separate utility meters shall not be permitted for the accessory dwelling unit.
9. It is unlawful to construct an accessory dwelling unit, or to modify a structure to
include an accessory dwelling unit, without a building permit, if applicable.
10. Adequate off-street parking shall be provided for both the primary residential
use and the accessory dwelling unit, and any driveway and parking area shall be in
compliance with this Title. In addition to the parking required for the principal unit at the
time of construction, one (1) off-street parking space shall be provided for an accessory
dwelling unit. Any additional occupant vehicles shall be parked offstreet in City Code
compliant parking areas. On-street parking may be utilized in compliance with the current
parking limitations outlined in the Bountiful Traffic Code regarding on-street parking.
11. Shall be at least three hundred fifty (350) square feet in size and shall not exceed
one thousand two hundred fifty (1,250) square feet.
12. Shall not be located on a lot with less than eight thousand (8,000) square feet
buildable land.
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13. Shall be configured so that any exterior doors, stairs, windows, or similar
features are located as far away from adjoining properties as is reasonably possible to
provide privacy to those properties.
14. Shall meet all the setbacks required of an accessory structure.
15. Shall be located behind the front building line of the principal unit.
16. The separate entrance of the accessory dwelling unit may be visible from the
front or corner lot side yard based on proximity and appropriate mitigation proposed by the
applicant and approved by the Administrative Committee.
D. Internal Accessory Dwelling Units.
1. An internal accessory dwelling unit is an accessory unit created:
a. within a primary dwelling;
b. within the footprint of the primary dwelling at the time the internal
accessory dwelling is created; and
c. For the purpose of offering a long-term rental of 30 consecutive days or
longer.
2. An internal accessory dwelling unit is a permitted use within a primary dwelling,
reviewed and considered for approval by Bountiful City Staff. A primary dwelling is a
single-family dwelling that is detached and is occupied as the primary residence of the
owner or record.
E. An internal accessory dwelling unit shall not be approved, and shall be deemed
unlawful, unless it meets all the following criteria:
1. Shall be permitted only within the Single-Family Residential Zone, the Residential
Multiple (RM) Family Zone, and the Downtown (DN) Mixed Use Zone; and shall not be
permitted in any other zone.
2. It is unlawful to allow, construct, or reside in an accessory dwelling unit within a
duplex or multi-family residential building or property.
3. It is unlawful to reside in, or allow to reside in, an accessory dwelling unit that has
not received a permit or without written authorization from the Bountiful City Planning
Department.
4. A maximum of one (1) accessory dwelling unit shall be permitted per lot.
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5. A deed restriction limiting the use of a property to a single-family dwelling,
prepared by the Bountiful City Planning Director, and signed by all owners of the property
on which an accessory dwelling unit is located, shall be recorded with the Davis County
Recorder’s Office prior to occupancy of the accessory dwelling unit. If a building permit is
required, then said deed restriction shall be recorded prior to issuance of the building
permit.
6. The property owner must occupy either the principal unit or the accessory
dwelling unit as their permanent residence and at no time receive rent for the owneroccupied unit. An application for an accessory dwelling unit shall include proof of owner
occupancy as evidenced by voter registration, vehicle registration, driver's license, county
assessor records or other similar means required by the Planning Department. Effective
April 1, 2022, short term rentals of 30 days or less are prohibited.
7. Separate utility meters shall not be permitted for the accessory dwelling unit.
8. Any property and any structure that contains an approved accessory dwelling unit
shall be designed and maintained in such a manner that the property maintains the
appearance of a single-family dwelling. Except as provided below, a separate entrance to
the accessory dwelling unit shall not be allowed on the front or corner lot side yard. A
separate entrance shall be located to the side or rear of the principal residence.
a. An accessory dwelling unit in a basement may share a common entrance
with the principal unit, provided each unit has a separate interior door.
9. It is unlawful to construct an accessory dwelling unit, or to modify a structure to
include an accessory dwelling unit, without a building permit, if applicable.
10. Adequate off-street parking shall be provided for both the primary residential
use and the accessory dwelling unit, and any driveway and parking area shall be in
compliance with this Title. In addition to the parking required for the principal unit at the
time of construction, one (1) off-street parking space shall be provided for an accessory
dwelling unit. Any additional occupant vehicles shall be parked off-street in City Code
compliant parking areas. On-street parking may be utilized in compliance with the current
parking limitations outlined in the Bountiful Traffic Code regarding on-street parking.
11. Shall have its own dedicated separate entrance from the principal unit in
compliance with section 14-14-124(E)(8) and shall not have the appearance of a twofamily dwelling (duplex). The separate entrance shall have a walkway in compliance with
applicable building codes.
F. Internal Accessory Dwelling Unit Violation.
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1. In addition to any other legal or equitable remedies available to Bountiful City, the
City may hold a lien against a property that contain internal accessory dwelling unit subject
to state law.
NORTH SALT LAKE CITY 10-19-17 “Residential (Accessory Dwelling Unit)”
10-19-17: RESIDENTIAL:
A. Accessory Dwelling Units:
1. Definition of Accessory Dwelling Unit: A subordinate dwelling, which has its own
eating, sleeping, and sanitation facilities which is: 1) within or attached to a single-family
residential building, or 2) within a detached accessory structure associated with a singlefamily dwelling.
2. Purpose and Intent: The purpose and intent of this section is to recognize the
residential character of the City of North Salt Lake and to provide for supplementary living
accommodations in the community, as well as provide for supplementary income
opportunities of property owners. These provisions are intended to provide for affordable
housing with reasonable limitations to minimize the impact on neighboring properties and
neighborhoods, and to promote the health, safety, and welfare of the property owners and
residents of accessory dwelling units.
3. Owner Occupied: No accessory dwelling unit shall be created, established, or
occupied in a single-family dwelling unless the owner of the property occupies either a
portion of the main dwelling or a detached accessory unit on the same single-family lot.
For the purpose of this section, the term "owner occupied" shall be defined as full time
residency within the home by the bona fide property owner(s) as shown on the Davis
County tax assessment rolls. Owner occupancy for a dwelling with an accessory dwelling
unit shall not be required when:
a. The owner cannot live in the dwelling because of a bona fide temporary
absence of three years or less for a temporary job assignment, sabbatical, or voluntary
service;
b. The owner was living in the dwelling immediately prior to leaving for the
temporary job assignment, sabbatical, or voluntary service; and
c. The owner intends to make the dwelling his/her primary place of residence
upon returning from the temporary job assignment, sabbatical or voluntary service.
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4. Dwelling Unit Occupancy: The occupants of an accessory dwelling unit shall be
limited by one of the following family categories:
a. One person living alone; or
b. Two (2) or more persons all related by blood, by marriage, by adoption; by
legal guardianship or foster children; or
c. Up to four (4) unrelated persons living as a single housekeeping unit.
d. Any of the above categories plus a temporary guest. A "temporary guest" is
defined as a person who stays with a family for a period of less than thirty (30) days within
any rolling one year period and does not utilize the dwelling as a legal address for any
purpose.
e. For purposes of the definition of family, the term "related" shall mean a
spouse, parent, child, stepchild, grandparent, grandchild, brother, sister, uncle, aunt,
nephew, niece, first cousins, great-grandparent, and great-grandchild. The term "related"
does not include other, more distant relationships.
5. Zones: An accessory dwelling unit which meets ordinance requirements may be
allowed in a single-family dwelling unit or in a detached accessory structure within any
zone upon a single family lot. No accessory dwelling unit may be allowed in any multifamily dwelling or multifamily lot, or on any lot that cannot satisfy the parking, setback, or
lot coverage requirements.
6. Number Of Accessory Dwelling units: A maximum of one accessory dwelling unit
shall be allowed in each owner occupied single-family dwelling, or in a detached
accessory structure associated with a single-family dwelling.
7. Location & Type:
a. Within or Attached to Main Dwelling: Accessory dwelling units may be
allowed within or attached to the main residential dwelling (basement or addition), over
the garage (attached or detached), or in a detached accessory structure (cottage home,
guest house, or tiny home).
b. Setback Standard Compliance: Accessory dwelling units as an addition to
a primary dwelling shall meet all minimum setback standards required for the primary
dwelling.
c. Behind the Primary Dwelling: An accessory dwelling unit within an
accessory structure must meet the minimum of side yard required by the zone for the
primary dwelling and a rear yard setback of ten (10) feet, unless no windows, doors, or
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other openings are adjacent to the property line, in which case the allowed setback shall
be five (5) feet.
d. Adjacent to the Primary Dwelling: An accessory dwelling unit within the
side yard of the primary dwelling are required to meet the same front, side, and rear yard
setback as the primary dwelling.
e. Second Story Accessory Dwelling Units: An accessory dwelling unit
located in an accessory structure may only be located on a second story if the structure
meets the same minimum standards in the zone for height, as well as front, side, and rear
setback as the primary dwelling.
8. Appearance: Single family residences with interior accessory dwelling units shall
retain the appearance of a single family home. An accessory dwelling unit in an accessory
structure shall be designed so that, to the degree reasonably feasible, the appearance of
the building is compatible with the architectural components of the primary dwelling unit
(e.g., exterior materials, color, and roof pitch).
9. Size:
a. Basement Dwelling Units: Shall be permitted to occupy the entirety of the
basement of the primary home regardless of area or bedroom count.
b. Accessory Dwelling Units (Detached Structures): The size of an accessory
dwelling unit shall be at least three hundred (300) square feet and shall not exceed twelve
hundred (1200) square feet and be limited to no more than two (2) bedrooms.
10. Lot Coverage: The combined building coverage for the detached accessory
dwelling units, main dwelling and additional accessory buildings may not be larger than the
maximum coverage allowed in the zone for the lot and rear yards per section 10-10-3.
11. Building Entrances: A new single-family structure approved with an accessory
dwelling unit attached to or detached from the main dwelling unit, shall have a separate,
accessible entrance or stairway. An accessory dwelling unit approved in an existing
structure may use existing entrances on any side of the structure that faces a street, or a
side or rear entrance. Dwellings with two (2) front doors side by side may not be used to
provide separate entrances for each unit with the exception of dwellings where the second
door provides direct access to the dwelling basement. The purpose of this requirement is
to preserve the single-family residential appearance of the building.
12. Address: The principal dwelling unit and the accessory dwelling unit shall have
the same address number, but shall refer to the accessory dwelling unit as unit B.
Addresses must be located in a visible location on the street frontage side of the home.
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13. Parking:
a. A single-family dwelling with an accessory dwelling unit shall provide at
least one (1) additional off street parking spaces for the accessory unit, above the
minimum spaces required for a single family dwelling. Accessory dwelling unit parking may
not be in tandem with required parking of the main dwelling. One additional off street
parking space shall be required for accessory dwelling units with 2 or more bedrooms.
ADU’s located within one quarter (1/4) mile of a bus rapid transit route shall be permitted
to reduce the parking requirement by one (1) space for the main dwelling unit.
b. No parking spaces may be located within the front or side yard setbacks
adjacent to a street, except for within an approved driveway.
c. The minimum width of parking areas and driveways shall be paved with
concrete or asphalt,
14. Separate Living Areas: An accessory dwelling unit must provide living areas for
eating, sleeping and sanitation facilities separate from the principal dwelling unit.
15. Building Code: All construction and remodeling shall comply with building
codes and ordinance requirements in effect at the time of construction or remodeling, in
accordance with Utah state code section 10-9a-511.5, changes to dwellings - egress
windows.
16. Utility Meters: A single-family dwelling with an accessory dwelling unit may have
separate meters for each water, gas, and electricity utility service. Each utility meter shall
be in the property owner's name and the property owner shall be responsible for payment
of all utilities. No additional water development or connection fee shall be required, unless
a separate utility connection is requested and installed by the property owner.
17. Interior Access: An interior access between the main living area and an attached
accessory dwelling unit must be maintained, unless sufficient means of egress have been
determined during an inspection by the fire department.
18. Not Intended For Sale: The accessory dwelling unit shall not be intended for sale
or detached by deed and shall only be rented.
19. Accessory Dwelling Unit Permit: Any person owning an existing accessory
dwelling unit that has not previously been permitted by the city, or any person constructing
or causing the construction of a residence that has an accessory dwelling unit, or any
person remodeling or causing the remodeling of a residence for an accessory dwelling
unit, shall obtain a land use permit for the accessory dwelling unit from the community
development department. This shall be in addition to any required building permit for the
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work to be performed. In order to meet the requirements of the land use permit, the
applicant shall:
a. Submit a completed application form including a site plan that shows
property lines and dimensions, the location of existing buildings and building entrances,
proposed buildings or additions, dimensions from buildings or additions to property lines,
the location of parking stalls, and utility meters,
b. Include detailed floor plans with labels on rooms indicating uses or
proposed uses,
c. Pay building permit fees, if applicable, for the construction of a new
dwelling, or the remodeling of an existing dwelling, in accordance with the established fees
and charges,
d. Make all corrections identified as necessary to comply with building code
requirements, as identified by the chief building official or his designee, and provide
photos of the life safety items required by building code, including carbon monoxide
detectors, smoke detectors, and earthquake strapping on water heaters, and
e. Demonstrate and affirm that their property is otherwise in compliance
with all other provisions of the zoning ordinance.
20. Exceptions to Standards: The Planning Commission may issue a conditional use
permit for ADU’s which modify the requirements for an ADU with respect to maximum size,
minimum parking, or setback.
a. In approving a conditional use permit the Planning Commission may
require additional conditions to mitigate the impact of the ADU on surrounding properties.
Specifically the Planning Commission may require: (1) For ADU’s that exceed the
maximum size of 1,200 sq. ft.: increased setbacks, privacy fencing, limitation on windows
and doors adjacent to abutting property lines, and additional parking. (2) For ADUs with
reduced or no additional parking: restrictions on occupancy to tenants without vehicles.
(3) For ADU’s with reduced setbacks: privacy fencing and limitation on windows and doors
adjacent to abutting property lines.
21. Failure To Complete Or Obtain A Land Use Permit: If the property owner does
not obtain a land use permit as outlined above, the accessory dwelling unit shall not be
considered legal nor approved. Failure to obtain a land use permit for an existing
accessory dwelling unit may result in a citation for a code violation as governed by the
process in North Salt Lake City Title 12, Administrative Code Enforcement Hearing
Program.
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22. Home Occupation Businesses: Home occupation businesses in an accessory
dwelling unit shall be restricted to a home office use which creates no customer traffic. No
home occupation business shall be established within an accessory dwelling unit without
the express written permission of the property owner.
23. Accessory Dwelling Units, Tiny Homes:
a. Only one tiny home shall be permitted as an accessory dwelling unit per
residential lot.
b. The tiny home shall be properly connected to water and sewer facilities.
c. The tiny home dwelling structure must be located on a dedicated parking
location of asphalt or concrete and have the wheels and axel underbody skirted from view..
d. Building inspections are required for construction of the foundation, as
well as to ensure the correct installation of the structure, and to approve the correct
connection to the utilities.
e. All manufactured home running gear, tongues, axles and wheels must be
removed at the time of installation.
f. The dwelling structure shall be constructed with materials that are weather
resistant and aesthetically consistent with the main dwelling.
g. The community development director may approve deviations from the
architectural standards on the basis of a finding that the architectural style proposed
provides compensation design features and that the proposed dwelling will be compatible
and harmonious with existing structures in the vicinity.
h. The parking shall be the same as subsection 13 of this section.
WEST POINT CITY 17.70.060 “Accessory Dwelling Units”
17.70.060 Accessory dwelling units.
A. Purpose. Accessory dwelling units (ADUs) in single-family residential zones are an
important tool in the overall housing goals and needs of the city and allow for alternative
and flexible housing options in owner-occupied single-family residences.
B. Accessory Dwelling Units Defined. An accessory dwelling unit (ADU) is a second
dwelling unit in an owner-occupied single-family property that is clearly incidental and
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accessory to the main dwelling on the property. ADUs can be either internal, detached or
attached.
1. ADU (Internal). “Internal ADU” means an ADU created (a) within a primary dwelling unit;
(b) within the footprint of the primary dwelling unit at the time the internal ADU is created;
and (c) for the purpose of offering a long-term rental of 30 consecutive days or longer.
Internal ADUs must meet the standards in Utah Code § 10-9a-530.
2. ADU (Detached). “Detached ADU” means an ADU located in an accessory building on
the property and not attached to or within the principal dwelling unit.
3. ADU (Attached). “Attached ADU” means a new ADU is constructed as a physical
expansion (i.e., addition) of the primary dwelling and is attached to the single-family
dwelling unit by one or more common walls.
C. Permitted and Conditional Uses. See use table in WCPP 17.60.050 for specific zoning
designations that include permitted and conditional uses. If the ADU is not designated
within a particular zone on the table, then it is prohibited.
D. General Standards.
1. ADU permit application shall be required for all internal, attached, and detached units.
Only applications deemed complete by the community development director or designee
will be processed. Complete applications include appropriate application forms reflecting
the standards of the city, plans, texts, and signatures as required on the form available in
the community development department and on the city’s website. A letter or email
confirming the completeness of the application may be requested by the applicant. All
applications shall be accompanied by the appropriate fee as established from time to time
by resolution of the city council.
2. Only one ADU per property is permitted.
3. ADUs shall meet all building codes and obtain all required permits prior to occupancy of
the ADU.
4. The applicant shall have a fee simple title to the property.
5. The ADU shall have a separate entrance that faces away from the street and that does
not disrupt the single-family appearance of the existing structure.
6. The ADU shall have a minimum of one bedroom and a three-quarter bath.
7. The ADU shall have a kitchen.
8. No vehicles shall be parked on the front lawn or other landscaped areas.
Page 141 of 175
9. The property shall be neatly maintained and shall meet all current codes regarding
property maintenance and public health standards.
10. The applicant has not been notified or fined by the city for any code violations relating
to this property or any other property within the previous 12 months.
11. Owner Occupancy. The city shall only permit an accessory dwelling unit when an
owner occupant lives on the property within either the principal or accessory dwelling unit.
Owner occupancy shall not be required when:
a. The owner has a bona fide, temporary absence of three years or less for activities such
as military service, temporary job assignments, sabbaticals, or voluntary service (indefinite
periods of absence from the dwelling shall not qualify for this exception); or
b. The owner is placed in a hospital, nursing home, assisted living facility or other similar
facility that provides regular medical care, excluding retirement living facilities or
communities.
12. The ADU must be rented for periods of 30 consecutive days or more.
13. All ADUs shall connect to the same (water, gas, sewer, etc.) utility lines as the primary
dwelling.
E. Internal ADU Standards.
1. Internal ADUs shall maintain the outward appearance of a single-family residence, so
that the appearance is not altered in a manner to appear as a duplex with such features as
two front doors and two garages or carports facing the street.
F. Attached ADU Standards.
1. Attached ADUs shall maintain the outward appearance of a single-family residence, so
that the appearance is not altered in a manner to appear as a duplex with such features as
two front doors and two garages or carports facing the street.
2. The total area of an attached ADU shall not exceed 50 percent of the square footage of
the habitable area of the building footprint of the primary residence and in no case exceed
800 square feet.
G. Detached ADU Standards.
1. Detached ADUs shall be placed on a permanent foundation.
2. Detached ADUs shall have a similar appearance as the primary unit.
3. Detached ADUs may not be built within a recorded easement.
Page 142 of 175
4. For detached ADUs, the maximum size limit shall be based on the minimum lot size as
specified in Table 17.70.060-1.
5. Mobile homes, recreational vehicles, or shipping containers shall not be considered a
detached ADU.
6. An ADU shall not be sold separately or subdivided from the principal dwelling unit or lot
unless compliant with subdivision regulations.
7. Detached ADUs shall follow the same regulations for lot coverage as outlined in
WPCC 17.70.030(A)(4).
8. No basements are allowed in detached ADUs.
9. Fire Regulations.
a. The maximum distance from a fire hydrant to the front entrance of the detached ADU
shall not be greater than 500 feet as the “hose lies.”
b. No portion of the detached ADU shall be further away than 150 feet from the public
road.
Table 17.70.060-1.
Internal ADU
Attached ADU
Detached Single-Story ADU
Location
Part of Primary Dwelling
Attached to Primary Dwelling Rear Yard
Area
Minimum
Lot Size
6,000 sf
6,000 sf
10,000 sf
Size Limit,
Habitable
No Limitation
50% up to 800 sf
650 sf (on
lots less than
12,000 sf)
800 sf (on
lots greater
than 12,000
sf)
Maximum Same Max Height
Same Max Height
No Taller
Height Limit Regulations for Single-Family Regulations for Single-Family Than the
Page 143 of 175
Dwellings (see
WPCC 17.70.020)
Dwellings (see
WPCC 17.70.020)
Primary
Dwelling
Minimum
Side
Setback
Same as Primary Dwelling
Same as Primary Dwelling
10'
Minimum
Rear
Setback
Same as Primary Dwelling
Same as Primary Dwelling
10'
Off-Street
Parking
1
1
2
[Ord. 11-07-2023A § 1 (Exh. A); Ord. 06-21-2022A § 1; Ord. 12-21-2021A § 1 (Exh. A); Ord.
08-17-2021B § 2 (Exh. A)].
SALT LAKE COUNTY 19.15 “Accessory Dwelling Units
Chapter 19.15 - Accessory Dwelling Units
Sections:
19.15.010 - Purpose.
Salt Lake County recognizes that accessory dwelling units in single-family residential
zones can be an important tool in meeting Salt Lake County's moderate income housing
needs. The purposes of the accessory dwelling unit ("ADU") standards of this code are to:
A. Comply with State of Utah legislation which allows for internal ADUs generally and
requires counties to adopt an ordinance if they wish to regulate certain requirements of the
dwellings;
B. Allow opportunities for property owners to provide social or personal support for family
members where independent living is desirable;
C. Provide for moderate income housing opportunities;
D. Make housing units available to households with moderate incomes who might
otherwise have difficulty finding housing in Salt Lake County;
E. Provide opportunities for additional income to offset rising housing costs;
Page 144 of 175
F. Develop housing units in single-family neighborhoods that are appropriate for people at
a variety of stages in the life cycle;
G. Preserve the character of single-family neighborhoods by providing standards governing
development of ADUs; and
H. Ensure that ADUs are properly regulated by requiring property owners to obtain a
business license and a building permit for an ADU prior to renting the ADU.
(Ord. No. 1924, § II, 6-4-2024; Ord. No. 1886, § II, 11-2-2021)
19.15.020 - Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
"Accessory dwelling unit" (ADU) means a self-contained dwelling unit located on an owneroccupied property that is either incorporated within the single-family residence (IADU) or in
a detached building (detached ADU) and is further defined by this chapter and by Utah
State Code.
"Internal accessory dwelling unit" (IADU) means an accessory dwelling unit created:
A. Within a primary dwelling;
B. Within the footprint of the primary dwelling at the time the internal accessory dwelling
unit is created; and
C. For the purpose of offering a long-term rental of thirty consecutive days or longer.
"Owner occupancy" means a property where the property owner, as reflected in title
records, makes his or her legal residence at the site, as evidenced by voter registration,
vehicle registration, driver's license, county assessor records or similar means.
"Primary dwelling" means a single-family dwelling that is detached and is occupied as the
primary residence of the owner of record.
A. "Primary dwelling" includes a garage if the garage is a habitable space and is connected
to the primary dwelling by a common wall.
"Public utility easement" (PUE) means an area on a recorded plat map or other recorded
document that is dedicated to the use and installation of public utility facilities.
(Ord. No. 1924, § II, 6-4-2024; Ord. No. 1886, § II, 11-2-2021)
Page 145 of 175
19.15.030 - Allowed areas and zones.
A. IADUs shall be a permitted use on single family home lots in areas zoned primarily for
residential use with a lot area of six thousand square feet or greater, including R zones, A
zones, Forestry zones, and the PC Zone. Detached ADUs are also permitted but may only
be built on single family home lots with an area of seven thousand square feet or greater,
except that detached ADUs in a PC Zone are permitted on single family home lots with a
minimum area of six thousand square feet if the county has approved design standards for
the same.
B. In no case shall an ADU be permitted in a townhome, a multi-family PUD or other
attached unit type, or on any lot that cannot satisfy parking, setback, or lot coverage
requirements.
(Ord. No. 1924, § II, 6-4-2024; Ord. No. 1886, § II, 11-2-2021)
19.15.040 - Number of residents.
ADUs shall not be occupied by more than one family.
(Ord. No. 1924, § II, 6-4-2024; Ord. No. 1886, § II, 11-2-2021)
19.15.050 - Setbacks.
A. Internal ADUs. Setbacks on IADUs are the same as the setbacks for a single-family
dwelling in the zone.
B. Detached ADUs Built After Adoption of this Chapter. Side yard setbacks on detached
ADUs will be consistent with setbacks for a single-family dwelling in the zone. Rear yard
setbacks on detached ADUs are a minimum of ten feet. Detached ADUs must also be a
minimum of six feet from the main dwelling. For detached ADUs, if existing PUEs are
greater than the required setback, the minimum setback will be the PUE boundary.
C. Conversion of Existing Accessory Structures Built Prior to the Adoption of this Chapter.
Side yard and rear yard setbacks on existing accessory structures built prior to the
adoption of this Chapter, which are to be converted to a detached ADU, shall comply with
the accessory structure setback standards at the time the structure was legally erected.
The detached ADU shall be set back a minimum of six feet from the primary dwelling. An
exception to these setbacks is an existing structure that has been declared a
noncomplying structure under section 19.88.150.
Figure 19.15.1: Setback Standards for a Detached ADU Built After Adoption of this Chapter.
Page 146 of 175
Figure 19.15.2: Setback Standards for an Existing Accessory Structure Built Prior to the
Adoption of this Chapter and Converted to a Detached ADU.
Page 147 of 175
(Ord. No. 1924, § II, 6-4-2024; Ord. No. 1886, § II, 11-2-2021)
19.15.060 - Parking requirements.
In addition to the required parking for the existing home, the property owner must
demonstrate that at least one on-site parking space is available for the ADU. A property
owner bears the burden of showing by a preponderance of the evidence that sufficient
parking is available. In cases where garage conversions are done to create an IADU or
detached ADU, any parking spaces that previously existed and were required to meet offstreet parking requirements for the primary dwelling shall be replaced.
(Ord. No. 1924, § II, 6-4-2024; Ord. No. 1886, § II, 11-2-2021)
19.15.070 - Height requirements.
Height restrictions for IADUs shall be consistent with the height standards for single-family
dwellings in the zone. Detached ADUs shall comply with the following height requirements:
1. For detached ADUs with a rear or side yard setback of less than ten feet: the maximum
height is twenty feet;
Page 148 of 175
2. For detached ADUs with a rear or side yard setback of ten feet or more: the maximum
height is the height of the primary dwelling.
(Ord. No. 1924, § II, 6-4-2024; Ord. No. 1886, § II, 11-2-2021)
19.15.080 - Lot coverage.
Lot coverage maximums as outlined per each zone. Any additions to an existing building or
construction of a detached ADU shall comply with Section 19.15.050 and except as
provided in that section, shall not exceed the allowable lot or rear yard coverage standard
for the underlying zone.
(Ord. No. 1924, § II, 6-4-2024; Ord. No. 1886, § II, 11-2-2021)
19.15.090 - Owner occupancy.
The principal unit or the ADU must have owner occupancy, except for medical, military
service, or religious reasons for a time period of up to two years. If an absence is warranted
due to the above reasons, an on-site manager shall be designated. The property owner
may not receive rent for the unit that was occupied by the owner. An application for an ADU
shall include evidence of owner occupancy.
(Ord. No. 1924, § II, 6-4-2024; Ord. No. 1886, § II, 11-2-2021)
19.15.100 - Number of ADUs per lot.
No more than one ADU, whether internal or detached, is permitted per lot.
(Ord. No. 1924, § II, 6-4-2024; Ord. No. 1886, § II, 11-2-2021)
19.15.110 - ADU design standards.
A. An approved building permit is required for all ADUs before an ADU is constructed, and
all other applicable provisions of this chapter and the Salt Lake County Code must be met
before an ADU can be rented. Existing non-compliant ADUs may come into compliance by
receiving a permit and verifying existing work was done according to code.
B. A building permit may not be issued for an ADU until the applicant has provided written
confirmation from the applicable water supplier that the ADU complies with all applicable
water service requirements.
C. The design and size of an ADU shall conform to all applicable building, fire, and health
codes, including applicable water service requirements. The design and size of a detached
ADU shall conform to these codes and any other applicable codes and a building permit.
Page 149 of 175
D. Detached ADUs shall have a permanent concrete slab on which they are built, unless
they are constructed above a garage. Detached ADUs are not allowed to be built on a
foundation with a basement, on piers, or on any temporary or wheeled structure.
E. Conversions of an existing space to an ADU will require compliance with safety
requirements per building code including, but not limited to, egress windows with window
wells in case of emergency, and sufficient HVAC and climate control for the ADU.
F. IADUs shall not require a separate HVAC or firewall.
G. The owner shall provide a separate address marking for emergency services and mailing
services.
H. Detached ADUs shall not be located in a front or corner lot side yard unless the lot size
is at least one acre and the detached ADU is at least thirty feet from the front lot line.
I. New detached ADUs must be offset ten feet or more from the front facade of the main
dwelling.
J. Any detached ADU shall have adequate facilities for all discharge from roof and other
drainage.
K. Single family residences with a detached ADU shall retain the same appearance as a
single-family residence.
L. An existing accessory building may be converted into an ADU provided that it meets the
same ADU requirements in this chapter.
(Ord. No. 1926, § II, 6-25-2024; Ord. No. 1924, § II, 6-4-2024; Ord. No. 1886, § II, 11-2-2021)
19.15.120 - Affidavit and notice of accessory dwelling unit.
Applicants for ADUs shall provide an affidavit stating that the owner of the property will live
in either the primary dwelling or ADU as their permanent residence. Upon approval of the
ADU by the building official, and upon the issuance of a business license pursuant to
Section 19.15.130, a notice of accessory dwelling unit including the affidavit shall be
recorded against the property to provide notice to a future owner of the owner occupancy
requirement for the ADU. 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 the building and
business license officials. A copy of the recorded notice shall be provided to the applicant
when completed.
(Ord. No. 1924, § II, 6-4-2024; Ord. No. 1886, § II, 11-2-2021)
19.15.130 - Business licensing.
Page 150 of 175
Prior to renting out any ADU, a business license must be obtained. That license must be
maintained as long as the unit is rented out.
(Ord. No. 1924, § II, 6-4-2024; Ord. No. 1886, § II, 11-2-2021)
19.15.140 - Retention of single-family residence status and verification of water and sewer.
A. ADUs are part of a single-family residence and shall not be used as a multi-family
residence.
B. IADUs may not be separately metered apart from the single-family residence. Detached
ADUs may be separately metered so long as the property owner is billed for both.
C. Applications for ADUs must include submittal of written verification from water and
sewer providers that water and sewer are available to the ADU (or in the event of a septic
system, verification from the Salt Lake Health Department that the system meets
applicable regulations and is performing properly).
D. ADUs may not be sold or subdivided separately from the single-family residence.
(Ord. No. 1936, § II, 4-8-2025; Ord. No. 1924, § II, 6-4-2024; Ord. No. 1886, § II, 11-2-2021)
19.15.150 - Short-term rental use prohibited.
Units approved as ADUs shall not be used as short-term rentals. Any rentals shall be made
for thirty consecutive days or more.
(Ord. No. 1924, § II, 6-4-2024; Ord. No. 1886, § II, 11-2-2021)
19.15.160 - Variances.
The land use hearing officer may grant variances to the standards of this chapter in
accordance with Section 19.92.040. The land use hearing officer may not grant a variance
from building code requirements, owner occupancy provisions, square footage
requirements, or the number of units allowed per lot.
(Ord. No. 1924, § II, 6-4-2024; Ord. No. 1886, § II, 11-2-2021)
19.14.080 - Informational.
MILCREEK CITY 19.15 “Accessory Dwelling Units Standards”
18.71 ACCESSORY DWELLING UNIT STANDARDS
Page 151 of 175
18.71.010 Purpose
18.71.020 Interpretation
18.71.030 Applicability
18.71.040 Permitted And Conditional Uses And Limitations
18.71.050 Request For Compliance Determination
18.71.060 Development Standards Generally
18.71.070 Development Standards For Internal Accessory Dwelling Units
18.71.080 Development Standards For Attached Accessory Dwelling Units
18.71.090 Development Standards For Detached Accessory Dwelling Units
18.71.100 Termination
18.71.110 Addressing
18.71.120 Enforcement And Noticing
18.71.130 Existing Buildings
18.71.010 Purpose
Accessory Dwelling Units (ADUs) in single-household residential zones are an important
tool in the overall housing goals and needs of the City and allow for alternative and flexible
housing options in owner-occupied single-household dwellings. 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-household residential development.
2. Provide more housing choices in residential zones.
3. Allow more efficient use of existing housing and large 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
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
18.71.020 Interpretation
Page 152 of 175
The City’s intent in adopting this ordinance is not to increase the density of the underlying
zone designation. An ADU shall always be an accessory use to the principal dwelling.
HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
18.71.030 Applicability
Properties are eligible for an accessory dwelling unit if:
1. The property is owner occupied,
2. The use of the property at the time of application and at any time thereafter is
single-household residential, and
3. The property is in an R-1 or A zone.
HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
18.71.040 Permitted And Conditional Uses And Limitations
1. Internal ADUs are a permitted use as set forth in Utah Code Section 10-9a-530, with
additional requirements set forth in MKZ 18.71.070.
2. Attached and Detached ADUs are permitted uses in the R-1 and A zones are subject
to the design standards of this chapter.
HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
18.71.050 Request For Compliance Determination
A property owner may request a review to determine the compliance of an accessory
dwelling unit. This request shall be conducted following the procedure as set forth in MKZ
18.15.030 (E). The Planning Director shall issue a Compliance Determination in writing. If
the Planning Director determines that an Accessory Dwelling Unit complies with the
standards of this chapter, then a notice of compliance shall be recorded on the property at
the Salt Lake County Recorder’s Office. Notices that demonstrate compliance with the
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 property contains an ADU;
3. A statement that the primary dwelling or property is owner-occupied; and
Page 153 of 175
4. A statement that the ADU may only be used in accordance with the City’s land use
regulations.
HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
18.71.060 Development Standards Generally
1. An accessory dwelling unit shall not be sold separately or subdivided from the
principal dwelling unit or property.
2. A property may have either an internal or attached ADU as part of a primary
dwelling, or a detached ADU on the lot or parcel that is shared with the primary
dwelling. No property may have more than one ADU.
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-household dwelling, the
entire ADU shall comply with 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. 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 20 percent of all structure
facades. 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 50 percent of all
facades.
7. ADUs may not be built within a recorded easement.
8. Additional requirements for internal ADUs shall be as set forth in MKZ 18.71.070.
9. Additional requirements for attached ADUs shall be as set forth in MKZ 18.71.080.
10. Additional requirements for detached ADUs shall be as set forth in MKZ 18.71.090.
HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
Page 154 of 175
18.71.070 Development Standards For Internal Accessory Dwelling Units
Internal ADUs are regulated pursuant to Utah Code Section 10-9a-530, and additionally
shall:
1. Not change the appearance of the primary dwelling as a single-household dwelling;
2. Be prohibited from having separate utility meters from the primary dwelling; and
3. Be prohibited in a mobile home or manufactured home.
HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
18.71.080 Development Standards For Attached Accessory Dwelling Units
Attached ADUs are permitted, subject to the following standards:
1. The entrance for the attached ADU shall not be visible from a public right-of-way.
2. The occupancy limit for an attached ADU is two adults and any number of children.
3. The lot or parcel coverage for an attached ADU is determined by the underlying zone
standards.
HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
18.71.090 Development Standards For Detached Accessory Dwelling Units
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 Neighborhood Compatibility Modification
provisions found in MKZ 18.34 or MKZ 18.36.
3. A detached ADU shall not be used as a short-term rental.
4. Exterior lighting shall provide illumination directed downward and shall follow the
standards as set forth in MKZ 18.68, Outdoor Lighting. Light sources shall not be
visible from abutting properties.
5. Windows on a façade, located within 15 feet of an abutting property containing a
single-household, twin home, or duplex dwelling, shall be fixed (non-operable) and
translucent or shall be installed skylights.
Page 155 of 175
6. Entrances, parking, and stairways within 15 feet of an abutting property shall not be
visible from the abutting property. This may be done with a fence along the side and
rear property lines, landscaping that is dense enough to obscure activity or by
placing the entrances and stairs out of view of abutting properties. Corner
properties with ADU entrances facing a right-of-way are not required to screen the
entrance if not facing the same right-of-way as the primary dwelling entrance.
7. Detached ADUs shall not be built on slopes of 30 percent or greater.
8. Balconies on the second story of an ADU are prohibited.
9. Exterior stairways and landing shall not encroach into a setback.
Table 18.71-2
Detached Accessory Dwelling Unit Standard
Minimum Property Area
8,000 SF
Location
Rear Yard
Gross Square Footage
An ADU shall be the lesser of the gross square footage of the existing main
building, or 1,000 square feet.
Property Coverage Total
Determined by the underlying zone designation
Setbacks from Side and Rear
5 Feet minimum
Yards
Setback from Main Building
6 Feet
Maximum Height
The lesser of 24 feet or the height of the existing main building.
Occupancy Limit
2 adults and any number of children
HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
Amended by Ord. 25-38 on 9/8/2025
18.71.100 Termination
Page 156 of 175
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
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
18.71.110 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 and shall submit for a
site plan review to the City Planning and Zoning Department and pay any associated fees.
HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
18.71.120 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. The 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. The City provides a written notice of lien in accordance with MKZ
18.71.120(C);
5. The 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. At least 14 days after the day on which the 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
Page 157 of 175
2. At least 30 days after the day on which the City 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 City 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 10 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
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 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 18.04, Appeals.
Page 158 of 175
1. If the owner of property files a written objection to a notice of violation, the
City may not record a lien until a hearing is held to determine that the
specific violation occurred.
2. If the City determines at the hearing that the specific violation has occurred,
the City may impose a lien in an amount of up to $100 for each day of
violation after the expiration of the opportunity to cure the violation,
regardless of whether the hearing is held after that day.
3. If the owner of property cures a violation within the time period prescribed in
the written notice of violation, the 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, the City may record a notice
in the Salt Lake County Recorder’s Office. Upon recording a notice, the 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.
HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
18.71.130 Existing Buildings
1. Existing buildings in Millcreek that were permitted prior to September 17, 2021, that
are intended to be used as an ADU and cannot satisfy the standards set forth in this
chapter must file an application to have a structure declared a noncomplying
structure and then follow the application process for a Nonconformities
Determination as set forth in MKZ 18.15.040 (A) and MKZ 18.60.090 to have the use
legally established. A property with 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 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.
2. Attached Accessory Dwelling Unit Conversions
Page 159 of 175
1. A portion of a building attached to the primary dwelling that is noncomplying
and was legally established as determined under MKZ 18.60,
Nonconformities, 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 three feet (3’)
from the side and rear property lines;
2. The attached ADU does not have a light source projecting onto
abutting properties;
3. The attached ADU does not have any balconies, porches, or windows
facing abutting property owners, unless facing a property located in
an R-M, C-1, or C Zone.
4. The attached ADU does not protrude higher than the measured height
of the existing noncomplying structure being expanded as measured
from original ground surface.
5. The attached ADU can accommodate all required parking on the
property, and does not violate the required off-street parking
standards, including parking requirements of this title.
3. Detached Accessory Dwelling Unit Conversions
1. A detached building that complies with all applicable height, building
envelope, setback, and property 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 MKZ 18.60, Nonconformities, 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;
Page 160 of 175
2. The detached building does not have a light source projecting onto an
abutting property;
3. The facade of the detached building located within five feet (5’) and
facing an abutting property line, does not have any balconies,
porches, landings, stairs, doors, or windows;
4. For properties with rear yards that abut an RM, C-1, or C Zone, the
detached building does not exceed 24 feet in height;
5. For all properties, located abutting a Residential Zone Boundary or a
legally-established residential dwelling, the detached building does
not protrude higher than the measured height of the existing
noncomplying structure being expanded;
6. Does not create any new visual impacts that a fence or wall cannot
otherwise mitigate;
7. The detached ADU can accommodate all required parking on the
property, 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 the
applicable zoning district;
9. The 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 abutting property;
11. The detached building shall meet all other requirements of MKZ
18.71.090, except as provided otherwise in this section; and
12. Meets the applicable sections of the adopted building and fire codes
of the City.
4. 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.
Page 161 of 175
HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
EAGLE MOUNTAIN 17.70 “Accessory Dwelling Units
Chapter 17.70
ACCESSORY DWELLING UNITS
Sections:
17.70.010 Definition.
17.70.020 Purpose and intent.
17.70.030 Accessory dwelling unit standards.
17.70.040 Accessory dwelling unit permit.
17.70.050 Noncompliance.
17.70.010 Definition.
Accessory Dwelling Unit. An accessory dwelling unit is an independent habitable living
unit, with a kitchen, bath facilities, and its own entryway, which is: (1) within or attached to
an owner-occupied single-family residential dwelling, or (2) within a separate detached
accessory structure, or above a detached garage, on a single-family lot. Does not include
motor homes, fifth-wheels, travel trailers, campers, or other housing units on wheels.
[Ord. O-41-2021 § 1 (Exh. A)].
17.70.020 Purpose and intent.
This chapter provides a process to allow affordable housing within the city through
accessory dwelling units within single-family detached dwellings or in separate detached
structures in zoning districts specified in this title. The standards in this chapter include
reasonable limitations to minimize impact on neighboring properties. [Ord. O-41-2021 § 1
(Exh. A)].
17.70.030 Accessory dwelling unit standards.
Proposed accessory dwelling units must be in compliance with the following criteria to
ensure that health and safety considerations are addressed and that the residential
characteristics of neighborhoods are preserved. Accessory dwelling units are to be clearly
Page 162 of 175
incidental and secondary to the primary residential use of the property. The approval
criteria include:
A. Number of Accessory Dwelling Units. A maximum of one accessory dwelling unit is
allowed on a residential lot, whether it is in an owner-occupied single-family dwelling, or in
a detached accessory structure associated with a single-family dwelling.
B. Occupancy and Owner Occupation. The owner(s) of the residence shall live in the
dwelling in which the ADU was created (either in the primary unit or in the ADU), except for
bona fide temporary absences. The occupants of the ADU shall be related to each other by
blood, marriage, or adoption; or consist of no more than two unrelated individuals living as
a single housekeeping unit. The occupants of the ADU shall not sublease a portion of the
unit to other individuals. The following are not considered accessory dwelling unit uses and
do not fall under the regulation of this chapter: occupation by a live-in maid, in-home
nurse, nanny or any other person or persons who are provided a place to live as part of
their employment with, or services they provide to, the owner/resident of the dwelling; or
while a family member is called up for military service, etc.; and any occupation by
individuals related by blood or marriage.
C. Code Compliance. The accessory dwelling unit shall conform to all applicable
standards in the International Fire Code and International Residential Code.
D. Location and Type. Accessory dwelling units may be allowed within or attached to the
main single-family residential dwelling, over the garage (attached or detached), or in a
detached accessory structure (cottage home, casita, guest house), where permitted by
EMMC 17.25.030.
1. ADU – Basement. An accessory dwelling unit in a basement must have a separate
exterior entrance located on either the side or the rear of the building. An internal
connection to the primary dwelling is not required.
2. ADU – Attached. Accessory dwelling units attached to the primary dwelling as an
addition shall meet all minimum setback standards required for the primary dwelling, as
found in EMMC 17.25.040. Attached ADUs must have a separate entrance located on the
side or in the rear of the building. An internal connection to the primary dwelling is not
required.
3. ADU – Detached.
a. Maximum Height. Maximum height of accessory dwelling units located above a garage is
35 feet. Standalone units may not exceed two stories and 35 feet in height.
Page 163 of 175
b. Size. The living space of a detached accessory dwelling unit must be a minimum of 400
square feet, up to a maximum of 1,200 square feet. Detached accessory dwelling units
may not have more than two bedrooms and must be permanently connected to utilities,
attached to a site-built permanent foundation which complies with building code, and
must comply with all other applicable standards of this chapter. A building permit and
inspections are required for construction of the foundation and installation of the structure
and connection to utilities.
c. Setbacks. Detached accessory dwelling units must meet the same front, side, and rear
yard setbacks as the primary dwelling and be located at least six feet from the primary
dwelling.
d. Street Frontage. The lot must have a minimum street frontage of 70 feet to receive
approval for a detached accessory dwelling unit. A smaller-frontage lot may be approved if,
at the discretion of the approval authority, the lot configuration is unique and/or the
primary dwelling unit is unique in size or location on the lot, and the impacts to neighbors
and the street are substantially similar to those on a 70-foot-wide lot.
E. Exterior Appearance. The accessory dwelling unit shall be incorporated into the
residence so that, to the degree reasonably feasible, the appearance of the building
remains that of a single-family residence. All entrances to accessory dwelling units shall
be located on the side or in the rear of the building. The architectural style, building
materials, and colors of detached ADUs shall be compatible and consistent with the
architectural style, materials, and color of the primary dwelling unit. If the ADU is above a
detached garage, the architectural style, building materials, and colors of the ADU must
match those of the garage.
F. Utilities. Detached accessory dwelling units may have separate utility meters, and all
municipal utilities shall be in the property owner’s name and the property owner shall be
responsible for payment of all municipal utilities.
G. Parking. Off-street parking for two vehicles shall be available for use by the tenants of
the accessory dwelling unit. Driveway parking in front of a garage does not qualify, unless
the accessory dwelling unit is located within such garage, in which case the required
parking for the primary dwelling within an enclosed garage, as required within
Chapter 17.55 EMMC, shall be provided elsewhere on the property. All parking shall be on
a hard surface (concrete, asphalt, etc.). Occupants may not park on the street along the
frontage of a neighboring property.
Page 164 of 175
H. Address. The principal dwelling and the accessory dwelling unit shall have the same
address number but shall refer to the accessory dwelling unit as unit “B.” The address
must be located in a visible location on the street frontage side of the home.
I. Short-Term Rental Prohibited. Accessory dwelling units may not be rented for a period of
less than 30 consecutive days. [Ord. O-03-2024 § 2 (Exh. A); Ord. O-33-2023 § 2 (Exh. A);
Ord. O-17-2023 § 2 (Exh. A); Ord. O-41-2021 § 1 (Exh. A)].
17.70.040 Accessory dwelling unit permit.
Any person owning an existing accessory dwelling unit that has not been permitted by the
city, or any person constructing or causing construction of a residence that has an
accessory dwelling unit, or any person remodeling or causing the remodeling of a
residence for an accessory dwelling unit, shall obtain an accessory dwelling unit permit
from the planning division of the city’s community development department. This shall be
in addition to any required building permit for the work to be performed. The applicant shall
obtain all necessary building permits and pay all applicable fees prior to constructing the
ADU, including permits for a basement that was finished previously without a permit.
Accessory dwelling units constructed without an approved accessory dwelling unit permit
shall be considered illegal until a permit is submitted to and approved by the city.
A. Applications. Applicants for an accessory dwelling unit shall submit a complete
application and the supporting materials listed in this section to the planning division of
the community development department.
1. Owner Signature. The owner shall sign the application, agreeing to occupy the dwelling
(either the primary unit or the ADU), except for bona fide temporary absences, and
agreeing to comply with the standards in this chapter.
2. Site Plan. A site plan shall be provided that shows property lines, dimensions, the
location of existing buildings and building entrances, proposed buildings or additions,
dimensions from buildings to property lines, the location of required off-street parking, and
utility meters.
3. Floor Plan. A detailed floor plan, to scale, showing the floor in which the accessory
dwelling unit will be located, including labels on rooms indicating uses or proposed uses,
shall be provided.
4. Evidence of Building Permit. Evidence shall be provided that a building permit was
obtained for the building and/or area containing the accessory dwelling unit.
5. Fee. The processing fee required by the current consolidated fee schedule approved by
the city council shall be paid in full.
Page 165 of 175
B. Planning Director or Designee Approval. The planning director or designee shall approve
an accessory dwelling unit application if it is in complete compliance with all the approval
criteria standards identified in this chapter. As part of the planning director’s or designee’s
review, inspections may be required by the planning or building divisions, and/or fire
department.
C. Exceptions to Standards. Accessory dwelling unit applications that deviate from the
approval criteria may be considered by the planning commission in a public meeting. After
conducting a public hearing and reviewing the application, the planning commission may
approve, approve with conditions, or deny the exception request. Applicants requesting
exceptions are not guaranteed approval and must provide evidence that the exceptions
will not create negative impacts on neighboring properties. Conditions must be connected
to the exceptions being requested, and may include increased setbacks, limitations on
windows and doors adjacent to abutting property lines, privacy fencing, and additional
parking. Exceptions shall not be granted for the number of accessory dwelling units, owner
occupation, permanent utility connections, attachment to permanent foundations,
building permit requirements, exterior appearance, off-street parking, addressing, and for
short-term rentals.
D. Transfer of Ownership. Upon sale of the home or transfer of ownership, accessory
dwelling unit permits shall remain valid so long as the accessory dwelling unit is in
compliance with the city’s ordinances and conditions of approval. [Ord. O-56-2025 § 2
(Exh. A); Ord. O-41-2021 § 1 (Exh. A)].
17.70.050 Noncompliance.
Owners of the single-family dwelling where the accessory dwelling unit use has been
approved shall be responsible for their property’s compliance with the city’s ordinances
and conditions of approval. Property owners who fail to maintain or violate the city’s
ordinances regulating accessory dwelling unit use or conditions upon which approval was
contingent may have the accessory dwelling unit permit revoked by the planning director,
designee or planning commission. Enforcement will occur in accordance with
Chapter 4.10 EMMC, Article V, Administrative Code Enforcement Hearing Procedures.
[Ord. O-56-2025 § 2 (Exh. A); Ord. O-41-2021 § 1 (Exh. A)].
Page 166 of 175
Public Works Requested Additions to the DADUs Draft Language
-
Separate water meter and water line for DADU development; support sewer district
having a separate line as well, if required by SDSD.
Require one on-site parking space for a DADU smaller 650 sqft; require two on-site
parking spaces for a DADU at 650 sqft or larger (per UCA 10-21-304(3))
Additional Concepts and Ideas From Other Cities for DADUs (not
currently reflected in proposed draft language)
Bountiful City
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Review and consider approval as a conditional use permit for DADUs by Bountiful
City Administrative Committee (14-14-124(B.)(2.) & 14-14-124(C.)(3.))
Language stating ADU may not be developed on land without habitable singlefamily dwelling (14-14-124(C.)(5.))
Size for DADU is minimum of 350 sqft in size and not to exceed 1,250 sqft in size
(14-14-124(C.)(11.))
8,000 sqft minimum buildable land lot size (14-14-124(C.)(12.))
Doors, windows, stairs, features configuration away from adjoining properties (1414-124(C.)(13.))
Meet setbacks required for accessory structures (14-14-124(C.)(14.))
Locate DADU behind front building line of principal unit (14-14-124(C.)(15.))
Separate entrance location guidance and approval from Admin Committee for
DADU (14-14-124(C.)(16.))
City of North Salt Lake
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Dwelling Unit Occupancy standards for DADU defined (10-19-17(A.)(4.))
DADU etbacks standards for rear yard setback of 10 ft or 5 ft with requirements (1019-17(A.)(7.)(c.))
Second story standards for DADU allowed by meeting standards in zone for height
and setbacks of primary dwelling (10-19-17(A.)(7.)(e.))
A bit different standard for DADU appearance (10-19-17(A.)(8.))
Size for DADU is minimum of 300 sqft and not to exceed 1200 sqft in size; also
limited to only two bedrooms (10-19-17(A.)(9.)(b.))
Existing entrances language and allowance criteria (10-19-17(A.)(11.))
Addressing system standard for DADU (10-19-17(A.)(12.))
Page 167 of 175
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Different DADU parking standard, specifically tandem parking not allowed and
further definition of where parking allowed on site (10-19-17(A.)(13.))
Utility metering standards for DADU, including commentary on fees waiver for water
development and connection (10-19-17(A.)(16.))
Conditional use process with Planning Commission for Exception to these DADU
standards (10-19-17(A.)(20.))
Commentary on Home Occupation Businesses in DADU (10-19-17(A.)(22.))
Allowance of Tiny Homes as DADUs on a lot (10-19-17(A.)(23.))
West Valley City
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DADU requirement for entrance facing away from the street and not disrupt singlefamily dwelling use appearance (17.70.060(D.)(5.))
Requirement for minimum one bedroom, three-quarter bath, and kitchen
(17.70.060(D.)(6.) & (7.))
Requirement that a requested DADU property have no known code violations within
the last 12 months (17.70.060(D.)(10.))
Language that DADU may not be built in recorded easement (17.70.060(G.)(3.))
Statement that mobile homes, recreational vehicles, or shipping containers are not
allowed as DADUs (17.70.060(G.)(5.))
Statement that no basements are allowed in DADUs (17.70.060(G.)(8.))
Standards regarding fire regulations for DADUs (17.70.060(G.)(9.))
Table 17.70.060-1 has standards regarding lot size minimum (10,000 sqft), size
limits for DADU of 650 sqft and 800 sqft depending on size of lot, height allowance
no taller than primary dwelling, minimum DADU setbacks of 10 ft from rear and side
yards, and 2 on-site parking stalls required.
Salt Lake County
-
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DADUs allowed on single-family home lots of 7,000 sqft or larger, 6,000 sqft
minimum in PC Zone (19.15.030(A.))
DADU setback standards for new ADU structures: 10 ft rear yard, meet setbacks of
single-family dwelling zone, 6 ft from dwelling minimum, minimum setback will be
PUE if PUE is greater than required setback (no development over PUE).
(19.15.050(B.))
Conversion of existing accessory structures built before code to DADU standards:
comply with accessory structure setback standards at time accessory structure
built, 6 ft from main dwelling minimum, unless noncompliance granted than can
meet those setbacks based on noncompliance approval (19.15.050(C.))
Setback standards examples for DADU build (Figure 19.15.1 & 2)
Page 168 of 175
-
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Language regarding parking space still required for conversion of garage into DADU
space (19.15.060)
Height requirements standards: rear or side setback less than ten feet, then
maximum height is 20 ft; rear or side setback ten feet or more, then maximum
height of primary dwelling match (19.15.070)
Lot coverage maximum standards (19.15.080)
No allowance for DADUs to be built on basement, piers, or temporary/wheeled
structure; must be on permanent concrete slab (19.15.110(D.))
Allowance for DADU in front yard or corner lot side yard is lot is at least one acre
and DADU is at least 30 ft from front lot line (19.15.110(H.))
DADU must be offset at least ten feet or more from font façade of main dwelling
(19.15.110(I.))
Drainage standards and requirements (19.15.110(J.))
Appearance matching single-family dwelling (19.15.110(K.))
Business licensing standards (19.15.130)
Eagle Mountain
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DADU does not include motor homes, fifth-wheels, travel trailers, campers, or
housing on wheels (17.70.010)
DADU allows for above detached garage (17.70.010) & (17.70.030(D.))
ADUs are secondary and incidental to primary residential use (17.70.030)
Maximum height allowance of 35 feet and two stories maximum
(17.70.030(D.)(3.)(a.))
Size DADU allowance minimum of 400 sqft and maximum size of 1,200 sqft
(17.70.030(D.)(3.)(b.))
Setbacks same as front, rear, and side yard setbacks of primary dwelling; 6 ft
minimum distance from primary dwelling (17.70.030(D.)(3.)(c.))
Street frontage requirement of 70 feet or more for DADU, unless approval authority
discretion provided (17.70.030(D.)(3.)(d.))
Appearance of DADU matching single-family dwelling (17.70.030(D.)(3.)(e.))
Separate utility meters for DADU and in property owner’s name and property owner
pays utility billing (17.70.030(D.)(3.)(f.))
Parking standards for two off-street parking spaces (this will need to be amended
now in light of UCA 10-21-304(3) for parking). (17.70.030(D.)(3.)(g.))
Addressing standards convention (17.70.030(D.)(3.)(h.))
Deviations and Exceptions to Standards to be reviewed and considered by Planning
Commission for approval consideration and conditions (17.70.040(C.))
Transfer of Ownership allowance for DADU establishment (17.70.040(D.))
Page 169 of 175
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Noncompliance and revocation of DADU permit by City (17.70.050)
Page 170 of 175
PLANNING
COMMISSION
Staff Report
8/12/2026
Item No. 1.
Title: Community Development Director's Report
Initiated By:
Staff Representative:
SUBJECT:
RECOMMENDATION:
BACKGROUND:
ATTACHMENTS:
250 North Main Street Centerville, Utah 84014
801.295.3477
Page 171 of 175
PLANNING
COMMISSION
Staff Report
8/12/2026
Item No. 1.
Title: Minutes Review and Approval - July 22, 2026
Initiated By: Jennifer Robison, City Recorder
Staff Representative:
SUBJECT:
Consideration of Planning Commission meeting minutes from July 22, 2026.
RECOMMENDATION:
BACKGROUND:
ATTACHMENTS:
1.
07-22-26 PC DRAFT [Final]
250 North Main Street Centerville, Utah 84014
801.295.3477
Page 172 of 175
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PLANNING COMMISSION MINUTES OF MEETING
Wednesday, July 22, 2026
7:00 p.m.
A quorum being present at City Hall, 250 North Main Street, Centerville, Utah, the meeting
of the Centerville City Planning Commission was called to order at 7:00 p.m.
MEMBERS PRESENT
LaRae Patterson, Vice Chair
Paul Mendenhall
Gary Woodward
Layne Jenkins
Mason Kjar, Chair, arrived at 7:12 pm
MEMBERS ABSENT
Amanda Jorgensen
Michael Adamson
STAFF PRESENT
Mike Eggett, Community Development Director
Sydney DeWees, Planner
Lisa Romney, City Attorney
LEGISLATIVE THOUGHT/PRAYER
Commissioner Gary Woodward
PLEDGE OF ALLEGIANCE
DISCUSSION – REVIEW OF DRAFT CODE CONCEPTS FOR DETACHED
ACCESSORY DWELLING UNITS (DADU) TO BE LOCATED IN CHAPTER 12 OF THE
CENTERVILLE ZONING CODE AND SCHEDULING OF A PUBLIC HEARING
Community Development Director Mike Eggett presented a revised draft DADU ordinance
for the Commission's continued review, noting it was informed by recent guidance from the Utah
League of Cities and Towns and modeled largely after Millcreek City's ordinance. He explained
that while many provisions are dictated by state law, the Commission still had discretion over
several development standards. Through discussion, the Commission reached consensus on
numerous policy issues, including requiring DADUs to be permanently affixed to a concrete
foundation, establishing a minimum unit size to effectively exclude tiny homes, deleting a
proposed compliance determination section, requiring separate utility connections, prohibiting
short-term rentals, requiring owner occupancy, and limiting building height to 20 feet to prevent
second-story living space. The Commission also agreed to allow basements, require downwarddirected lighting, and adopt architectural standards requiring exterior materials, colors, and
rooflines to be generally compatible with the primary dwelling.
The Commission also reached consensus on several site design standards. Windows
within 15 feet of a property line would be required to be fixed, non-operable, and translucent to
protect neighboring privacy, and discussion regarding entrances and stairway locations relative
to the neighboring properties. An 8-foot rear yard setback, including setback location relative to
utility easements, and parking requirements consistent with State law were supported. Existing
conforming accessory buildings could be converted into DADUs, with grandfathering provisions
contemplated for certain legally existing nonconforming structures. After considerable discussion,
the Commission recommended lowering the minimum qualifying lot size from the state maximum
of 11,000 square feet to 8,500 square feet to make the ordinance available to more Centerville
properties. Commissioners also supported a maximum DADU size of 1,250 square feet, with no
Page 173 of 175
Centerville Planning Commission
Minutes of Meeting of July 22, 2026
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Page 2 of 3
individual level exceeding 800 square feet, and discussed establishing a minimum size of
approximately 350 square feet.
The Commission also discussed the interaction of the ordinance with private HOA
covenants, which City Attorney Lisa Romney noted remain enforceable independent of the City's
regulations. Commissioners agreed to remove references to guest houses from the draft,
requiring all detached habitable structures to comply with the DADU ordinance. Mr. Eggett was
directed to gather implementation data from Bountiful City's recently adopted ordinance to help
inform the upcoming public hearing and final refinement of the draft.
The Planning Commission scheduled the DADU public hearing for August 12, 2026, and
directed staff to advertise the notice by July 31, 2026.
DISCUSSION – REVIEW OF DRAFT CODE CONCEPTS FOR BOUNDARY LINE
ADJUSTMENTS PROCESSING IN REPLACEMENT OF EXCHANGE OF TITLE CODES, AS
FOUND IN CMC 15.09.140 AND SCHEDULING OF A PUBLIC HEARING
City Planner Sydney DeWees presented draft amendments to replace the City's existing
Exchange of Title provisions with updated Boundary Line Adjustment regulations consistent with
recent changes to State law. She explained the proposal establishes three categories - Boundary
Line Establishment, Boundary Line Adjustment (Simple), and Boundary Line Adjustment (Full) and aligns City procedures with State requirements while adding only limited local provisions,
such as frontage calculations for full adjustments to ensure zoning compliance. Ms. DeWees
noted the changes are intended to streamline the review process and reduce confusion for
applicants and surveyors, particularly after the City processed six boundary line adjustment
requests in the previous three months under outdated Code language.
Commissioners expressed general support for the draft. Vice Chair Patterson suggested
clarifying language describing the full adjustment process, which Ms. DeWees agreed to revise
before the public hearing. The Planning Commission scheduled the Boundary Line Adjustment
public hearing for August 12, 2026, and directed staff to advertise the notice accordingly.
COMMUNITY DEVELOPMENT DIRECTOR’S REPORT
Mr. Eggett reported that an additional zoning text amendment public hearing is scheduled
for the August 12, 2026, Planning Commission meeting. Ms. Romney explained that the proposed
amendments would restructure the City's historic preservation functions by having the Whitaker
Museum Board also serve as the Landmarks Commission, which would be renamed the Historic
Preservation Commission. She noted the proposal was initiated by the Mayor after the Landmarks
Commission had been inactive for an extended period. Separate public hearings on the Municipal
Code and Zoning Code amendments will be held before the Planning Commission forwards its
recommendation to the City Council.
MINUTES REVIEW AND APPROVAL
Minutes of the July 8, 2026, Planning Commission meeting were reviewed. Commissioner
Jenkins moved to approve the minutes. Commissioner Mendenhall seconded the motion, which
passed unanimously (5-0).
ADJOURNMENT
At 7:58 p.m., Commissioner Woodward moved to adjourn the meeting. Commissioner
Jenkins seconded the motion, which passed unanimously (5-0).
Page 174 of 175
Centerville Planning Commission
Minutes of Meeting of July 22, 2026
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Jennifer Robison, City Recorder
Page 3 of 3
_______________
Date Approved
Page 175 of 175
The government’s own published record — read it yourself, then decide what to do about it.
The facilities, the coverage, and the local record for this community.
Not yet recorded. The record stays open — outcomes are added as minutes and vote results are published.
Provenance
Where this record came from. Every source is listed, permanently.
- Agenda Watch · Aug 7, 2026
Permanent ID DKT-2026-000483 — this record is never deleted.
Record history
Every change to this record, logged as it happened.
- Aug 7, 2026 Filed on the Docket
- Aug 7, 2026 Full document archived — public record
- Aug 7, 2026 Location confirmed August
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