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Staff: 2023 state ADU changes require Lindon to allow some internal accessory units; parking is a local concern
Summary
City planning staff told the Lindon Planning Commission on April 15 that a 2023 change to state law limits the city's ability to prohibit some newly constructed internal accessory dwelling units (ADUs) on plats approved on or after Oct. 1, 2021, and that local enforcement will focus on parking and permit compliance.
Community development staff told the Lindon City Planning Commission on April 15 that a 2023 amendment to the state's accessory-dwelling-unit law limits the city's ability to prohibit newly constructed internal ADUs for certain plats, and the commission discussed likely local impacts including parking pressure in recent subdivisions.
Michael Florence summarized the statute change for commissioners, saying the legislature amended the accessory apartment code in 2023 to add a clause that municipalities "may not prohibit newly constructed internal accessory dwelling units that have a plat approved dated on or after 10/01/2021." Florence explained the city previously had adopted a map and ordinance sections that prohibited ADUs in specified single-family areas, but the 2023 change creates an exception for plats recorded on or after Oct. 1, 2021, and lots larger than 6,000 square feet must be allowed under state law.
Florence told the commission that the city had identified a subset of lots in developments such as Songbird Cove and Anderson Farms that may now qualify for ADUs under the amended state law. He said planners will notify property owners where ADUs are permitted and will apply local development regulations such as the one-parking-stall requirement for ADUs and applicable land-use rules.
Commissioners expressed concern about parking and neighborhood impacts. Florence said the state limit allows the city to require compliance with "applicable land use regulations," but the ADU rules restrict parking requirements; he summarized the local enforcement approach: building permits are required and staff will verify compliance with parking and setback rules at permitting. Florence said, "Under our ADU ordinance, the state says you have to allow you can only require 1 parking stall for an ADU." Commissioners noted that some townhome and compact-lot designs may not have adequate room to meet even that standard.
The discussion did not result in a formal motion; the item was handled as part of the community development director's report. Staff indicated they will identify qualifying lots, notify owners, and enforce parking and permit requirements when ADU construction is proposed.
