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Planning commission reviews ADU code changes to comply with state law; proposes a smaller local lot threshold

Nibley City Planning Commission · July 10, 2026
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Summary

Staff recommended several updates to accessory dwelling unit (ADU) rules to reflect state law; commissioners discussed removing a neighbor-notice requirement, dropping a 25% rear-yard cap, clarifying which impact fees are halved, and a motion was made to recommend approval with a proposal to lower the minimum lot size to 10,000 sq ft.

Planning staff reviewed proposed amendments to the city’s accessory dwelling unit (ADU) standards (Ordinance 26‑21), prompted by changes in state law requiring cities over 5,000 population to allow detached ADUs under certain standards.

City planner Lehi Robert said the proposed changes largely align local code with state requirements and add an explicit process for converting existing accessory buildings to ADUs. Robert told commissioners that state code appears to allow conversions to meet accessory‑structure setbacks rather than ADU setbacks, but he said the city attorney will perform a final legal review before council action.

Staff also proposed clarifications to impact fees: if an ADU does not have a separate water or sewer connection, the reduced "half" impact‑fee rate applies only to water and sewer impact fees; park and transportation impact fees would remain at the normal multifamily rates. Robert recommended removing a current requirement to notify abutting property owners (14‑day comment period) and dropping a restriction that capped ADU coverage at 25% of the rear yard, because setbacks and lot‑size rules already limit scale.

During discussion, a commissioner moved to recommend approval of the ordinance including staff recommendations but to amend the minimum lot‑size threshold from the staff‑noted 11,000 sq ft down to 10,000 sq ft to expand eligibility. The motion was seconded; the transcript records discussion and a second but does not include an explicit roll‑call vote in the excerpt.

What’s next: staff will forward the commission’s recommendation and the ordinance draft (including any attorney clarifications about conversion setbacks) to city council for final consideration.