Town attorney clarifies ADU rules for non-conforming lots

Oct 1, 2025

At the Oct. 1 meeting, Rush Valley's town attorney told the Planning & Zoning Commission that non-conforming lots cannot have external accessory dwelling units (ADUs); internal ADUs on such lots would require a conditional use permit.

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A commissioner asked whether a non-conforming lot may host an external accessory dwelling unit (ADU). Attorney Rob Clegg clarified that a non-conforming lot cannot have an external ADU and that "if it is an inside ADU, a conditional use permit is required." The clarification was given in response to a question from Commissioner Scott Hawkins and was recorded during the public-comment portion of the agenda.

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