Brighton planning commission tables ordinance to define 'caretaker' units, asks staff for water‑capacity review

BRIGHTON — The Town of Brighton Planning Commission on Nov. 20 considered OAM 2024‑001259, a proposed amendment to the town code that would clarify what counts as a kitchen, limit when a second kitchen creates an additional dwelling, and introduce a new "caretaker's living quarters" use to manage on‑site short‑term rentals.

Curtis Woodward of MSD planning staff, the lead presenter, said the draft grew out of a September workshop and aims to remove conflicting language so applicants and staff have clearer rules. Woodward read the proposed kitchen definition into the record: "a room or area designed to be used for food preparation and cooking, which contains at least 1 sink, 1 hard surface for food preparation, and 1, oven cooktop stove and or electric or gas hookups to accommodate such." He also described the caretaker concept as a use that could be applied where an internal ADU (IADU) exists: "An approved IADU may be converted into caretaker's living quarters," he said, adding that only one caretaker quarter would be allowed per lot and that the caretaker unit could not be separately rented as a short‑term unit.

Why it matters: the changes would let a dwelling contain on‑site management without treating the accessory space itself as an open short‑term rental. Commissioners repeatedly raised a related legal question — whether the town’s draft would conflict with Utah’s IADU statute, which defines when municipalities must allow internal ADUs and limits local restrictions. Commissioners and commenters also emphasized that any change increasing the number of occupants or units on a property could affect water and sewer capacity.

Public commenters pressed both legal and practical points. Wendy Smith, speaking from the audience, urged adherence to state law and warned against over‑regulation: "the town is trying to over regulate to control bad actors," she said, cautioning that strict measures can make compliance burdensome for ordinary residents. Other residents backed stronger guardrails to prevent large corporations from buying multiple short‑term rental properties, while some property owners urged flexibility so owners can use either half of a dwelling as primary residence and rent the other side.

Commission discussion focused on several policy decisions staff flagged: whether caretaker quarters must be owner‑occupied or may be filled by a long‑term renter acting as caretaker; whether caretakers must have a kitchen or can be a bedroom/bathroom suite; whether conversion to caretaker status should require recording a new affidavit or notice; and how the town should verify owner‑occupancy (staff suggested title records, voter registration, vehicle registration, driver’s license or assessor records as examples). Commissioners also flagged practical constraints: the draft does not allow detached caretaker units and requires at least one on‑site parking stall reserved for the caretaker in addition to required parking for the short‑term rental.

Water capacity emerged as a gating concern. Multiple commissioners asked staff to coordinate with local water providers and to include a simple water‑capacity check in the approval process — whether a short letter from the water company or a brief capacity study showing dry‑year availability — so the town does not approve additional units it cannot serve. Staff said they would work with water providers and the sewer district on a short scope for such a study and that it should be possible to draft language within weeks.

Outcome: After extended discussion and public comment, a commissioner moved to table the ordinance and asked staff to incorporate the meeting’s policy directions, including clarifying caretaker/IADU language and tying approvals to water‑capacity verification. The motion was seconded and passed on a voice vote. Commissioners asked staff to circulate a redraft in December and return the item to the commission on Jan. 15, 2025.

Next steps: Staff (Curtis Woodward and planning staff) will prepare revised ordinance language and a proposed approach for water‑capacity verification, circulate it to commissioners ahead of the January meeting, and continue to accept public comment through the packet process.