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Planning commission clears deed-restrictions change tied to ADU rules
Summary
The commission voted to strike a deed-restriction provision addressing separate sale of accessory units, noting the change is moot if the earlier ADU code consolidation proceeds.
The Ivins Planning Commission on June 17 voted to amend the deed-restrictions and permitting language related to accessory dwelling units in single-family zones, removing a sentence that had prohibited the separate sale of an accessory dwelling.
Staff and commissioners said the change is largely procedural. Planning staff explained the city is consolidating three code sections into a single ADU section; the older sections (including the one that referenced deed restrictions) will be repealed when the consolidation is completed, rendering the deed-restriction language moot.
Commissioners moved and seconded a recommendation to forward the drafting changes to City Council; the motion passed on a voice vote with Commissioners Waite, Brown and Clifford recorded "aye," and the chair also announcing an "aye." Staff said the change will be handled as part of the broader code consolidation already recommended earlier in the meeting.
The commission instructed staff to renumber affected subsections after deletions and to confirm that removing the deed restriction language will not inadvertently remove other regulatory protections; staff said they will confirm and include final language in the Council submittal.
