Rules for ADUs explained
Basement apartments, also known as granny
flats or mother-in-law apartments, and officially called Accessory Dwelling
Units or “ADUs” have been legal to own and operate in many parts of Lehi since
September 2018. However, many residents are not aware of the required application
and a one-time impact fee of $1,500 required before owners may obtain official approval
for the ADU, according to Mike West, Lehi City planner.
The impact fee is assessed to the owner of the
ADU to subsidize costs to the City’s infrastructure, including upgrading and
maintaining sewer, roads, power lines, etc., to handle the impact of having
additional people living at the residence, said West. The $1,500 impact fee will increase to $4,528 in
September of this year. According to Kim Struthers, Lehi City Community Development
Director, the City decided to charge a one-time impact fee of only $1,500 for
the first year the ADU ordinance was in place, that fee triples after September
12, 2109.
“We are encouraging residents to register
their ADUs now and not wait until the fee goes up,” said West. Residents who
have had basement apartments in the past are not “grandfathered in” and the new
ADU rules and fees apply to them as well. “If a resident has an ADU and has not
been approved by the city for one, it is illegal, and they will have to pay
fines plus still apply for the ADU and pay the fee,” Struthers said.
As of April 2, 2019, there have only been 14 ADUs approved by the City, according to
West. “It would be difficult to know how many existing AUDs haven’t received
approval,” he said. West added the City typically learns of illegal ADUs when
they receive complaints about them from fellow residents. According to
estimates, there are hundreds of ADUs within Lehi City
ADUs are another option to provide more
affordable housing in Lehi, said West. “We also think that people who want to
buy a home may have an easier time getting a home loan and will be able to make
their mortgage payment easier if they have an income generating rental unit
(ADU) in their home,” said Struthers.
Not every property qualifies to have an
approved ADU in it, said West. Some developments and communities are already
zoned at maximum density and do not qualify for an ADU. Specific requirements, including
zoning as a single-family dwelling and providing off street parking for two
vehicles, are part of the code for an ADU. These details are found in the city
codes and have been highlighted below.
“Lehi City has actively taken steps to
diversify housing options to meet the broad spectrum of needs for all stages of
life and financial standing. By doing this we are providing an opportunity for
our children and grandchildren to live in our growing community,” said Lehi
Mayor Mark Johnson.
Lehi City has seen dramatic growth over the
last several years and that growth is expected to continue. Recent projections
show Lehi’s population will reach 124,000 by 2050, according to data from the
Kem C. Gardner Policy Institute. “We find it necessary to provide a variety of
housing options to make sure our children and grandchildren can afford to live
in our community. We continue to address this challenge with smart planning and
preparation,” said Struthers.
ADU permit requirements and fees
In
addition to a $25 application fee and building permit fees (if needed), there
is a one-time $1,500 impact fee assessed
to the homeowner. The impact fee will help pay for the costs associated with
upgrading sewers, water lines, power lines, etc. in the areas with ADUs, said
Struthers. The $1,500 impact fee reflects a discounted amount for this first
year and the fee will go up to $4528.00 after September 12, 2019.
The
requirements for approval of an ADU are:
-The
(primary) dwelling must be owner-occupied
-The
ADU shall not alter the appearance of the structure as a single-family
residence
-Off-street
parking shall be provided at a rate of two stalls per unit, or one stall per
bedroom, whichever is greater
-The
floor space of an ADU shall comprise no more than 49% of the living area of the
primary dwelling
-ADUs
shall be allowed only in areas zoned for single-family residential dwellings
-The
lot shall have a minimum of 80 feet frontage on a public street
-The
lot size shall be a minimum of 8,000 square feet
-Building
Division Approval is required prior to construction (if any).
For
more information about ADUs or other affordable housing options contact the
City of Lehi at www.lehi-ut.gov.