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What the proposed ADU ordinance would change in River Heights
Summary
The draft Accessory Dwelling Unit ordinance circulated to the River Heights Planning Commission sets owner-occupancy rules, size and placement limits for internal and detached ADUs, parking and utility-billing requirements, a 90-day minimum rental term, and revocation procedures.
River Heights staff presented a draft Accessory Dwelling Unit (ADU) ordinance that would add detailed definitions, approval criteria, and operational rules to the city's zoning code.
The draft defines an ADU as "a habitable residential dwelling unit added to, created within, or detached from a primary single-family dwelling and contained on one parcel." It allows one ADU per parcel and prohibits a parcel from containing both an internal ADU (IADU) and a detached ADU (DADU). The draft requires a Zoning Clearance Permit and adherence to Cache County Building Department permitting.
Owner-occupancy rules are explicit: the parcel owner must occupy either the primary dwelling or the ADU as their principal residence for a majority of the year, with narrowly defined temporary absence waivers (military service, medical treatment, education, employment relocation, etc.). The draft also requires documentation to establish compliance and provides a process for waiver appeals.
Size and placement rules would limit IADUs to no more than 40% of the primary dwelling's gross floor area and allow DADUs only on parcels larger than 11,000 square feet; DADUs would be capped at 40% of the primary dwelling or 1,200 sq ft if part of an accessory building. Parking requirements call for two additional off-street spaces, and the draft directs the municipal billing point to the property owner with water and sewer billed at base rates multiplied by the number of units. The draft also imposes a 90-day minimum rental term for ADU leases, requires separate addresses for ADUs, and sets out revocation and appeal procedures for noncompliance.
The Commission did not adopt the ordinance at the June 23 meeting; commissioners asked staff to obtain technical comments from the city engineer and public works director before scheduling a public hearing.
