Commission opens discussion on allowing accessory dwelling units in front yards; directs staff to prepare ordinance language

The Hurricane City Planning Commission spent substantial time April 24 discussing whether the city’s land-use code should allow detached accessory dwelling units (ADUs) in front-yard areas in limited circumstances. Commissioners asked staff to draft a proposed ordinance clarifying when an ADU may be located forward of the primary residence’s footprint and to distinguish living ADUs from ordinary accessory structures such as sheds.

Planning staff (Fred) explained current code language treats yard areas as the setback areas and, under present interpretation, limits accessory buildings to side and rear yards. An applicant had sought to convert an existing primary residence into an ADU and place a new primary dwelling behind it; that fact pattern raised the broader question whether detached ADUs should ever be permitted forward of the main residence. Staff noted that where the code is unclear, parties with legal counsel can rely on state law and code interpretation arguments, so the commission may wish to clarify the ordinance rather than leave the matter ambiguous.

Commissioners discussed multiple constraints and conditions: minimum setbacks (25 feet from the front, 10 feet side typically cited in the code), ADU size and height limits in certain zones (for example, an R1-10 zone was cited with a 1,600 square-foot and 16-foot height threshold before a conditional-use permit is triggered), owner-occupancy requirements for renting ADUs, and fire and utility access concerns (fire access width, hydrant and turnaround requirements, and potential need for upgraded water or electrical service if two dwelling structures are built on one lot).

Several commissioners expressed openness to allowing front-yard ADUs if the ordinance made strict distinctions: permitting only residential living units (not sheds or commercial uses), limiting the number of ADUs (one per lot in most circumstances, consistent with existing rules unless lot size exceeds the city’s bifurcation threshold), ensuring architectural compatibility with the primary residence, and preserving setbacks and fire-access requirements. Commissioner Shelley Goodfellow Carlin and others emphasized preserving neighborhood character and avoiding sudden density changes in traditional neighborhoods.

The commission did not take formal action but directed staff to draft code language that: 1) clarifies whether detached ADUs can be sited in front yards; 2) restricts front-yard accessory buildings that are not living units; 3) includes size, setback, owner-occupancy and design standards; and 4) aligns with existing ADU limits (for example, one ADU per lot in typical zones; two allowed only on large lots per existing code). The draft ordinance will return to the commission for further review.