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Planning commission hears guidance on ADU rules; state law requires internal ADUs, detached ADUs left to local code
Summary
Presenters told Orangeville planning commissioners that state law requires cities to allow internal ADUs (basement or attached) while detached ADUs remain subject to local ordinance; the commission discussed square-footage caps, setback rules and utility-metering options.
Orangeville planning commissioners discussed accessory dwelling unit (ADU) rules and how a local ordinance should reflect state requirements, including a state mandate that internal ADUs must be permitted.
Dodd, regional planner for the Southeastern Association of Governments and Carbon County director of building and planning, told commissioners that state code requires cities to allow internal ADUs such as basement conversions or attached units, while detached ADUs are permitted only if the local ordinance includes them. "State code, you have to allow that and, like, basement ADU," Dodd said, adding that attached-garage conversions that remain within a single building footprint are treated as internal ADUs.
Commissioners discussed size limits for detached ADUs. The draft language under review included a 1,000-square-foot cap for detached units; planners in the meeting said that cap was a local policy choice to avoid allowing very large secondary dwellings on large lots. "That's why we personally chose to stick it at a thousand," Dodd said, while noting other jurisdictions use 1,200 square feet or a percentage-of-primary-home approach.
The commission also discussed placement and setback rules. According to the draft language described in the meeting, detached ADUs would be limited to rear-yard locations (behind the main back wall), and the draft removed allowances for side-yard ADUs. Internal ADUs would not be subject to the same square-footage cap, though they must meet building, setback and coverage requirements.
Members asked about separate utility meters. Dodd said practices vary: some ADUs use a separate water or electric meter if the owner intends to rent the unit, while others remain on the primary meter at the owners discretion and depending on local district rules and electrical capacity. "We've had them do both. We've had them tie on to the main city and just tee off the line ... and there's been other ones that have set a separate meter," he said.
Commissioners also sought clarity about whether an ADU could be above a detached garage or in a converted basement. Dodd said attached-garage ADUs inside the building footprint and basement conversions are internal ADUs and must be permitted under state law; detached garage ADUs would be allowed only if the locally adopted ordinance permits them.
No formal vote was taken. Commissioners asked staff to circulate a revised draft that removes City Council sign-off where appropriate, clarifies size and placement rules for detached ADUs, and explicitly cites the state requirement to permit internal ADUs.
