Internal accessory dwelling units are allowed in residentially zoned areas, and municipalities are generally barred from imposing extra construction or use restrictions, subject to stated exceptions.
“Internal accessory dwelling units are allowed in residentially zoned areas, and municipalities are generally barred from imposing extra construction or use restrictions, subject to stated exceptions.”
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Internal accessory dwelling units are allowed in residentially zoned areas, and municipalities are generally barred from imposing extra construction or use restrictions, subject to stated exceptions.
A municipality is prohibited from prohibiting internal accessory dwelling units in certain zoning districts, with an exception for newly constructed units that have final plat approval on or after October 1, 2021 and comply with land use regulations.
The municipality must deliver a copy of the notice to the owner of the internal accessory dwelling unit after the notice described in Subsection (5)(a) is recorded.
Section 10-21-303(5)(c)
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Showing 72 of 72 provisions
Provision 69Offence 3
Part 10-21-3
part 10-21-3 Provisions Unique to Residential Zones and Residential Units
Internal accessory dwelling units are allowed in residentially zoned areas, and municipalities are generally barred from imposing extra construction or use restrictions, subject to stated exceptions.
Internal accessory dwelling units.
In any area zoned primarily for residential use: the use of an internal accessory dwelling unit is a permitted use; except as provided in Subsections (2) and (3), a municipality may not establish any restrictions or requirements for the construction or use of one internal accessory dwelling unit within a primary dwelling, including a restriction or requirement governing: the size of the internal accessory dwelling unit in relation to the primary dwelling; total lot size; street frontage; or internal connectivity; and a municipality's regulation of architectural elements for internal accessory dwelling units shall be consistent with the regulation of single-family units, including single-family units located in historic districts. An internal accessory dwelling unit shall comply with all applicable building, health, and fire codes. A municipality may: prohibit the installation of a separate utility meter for an internal accessory dwelling unit; require that an internal accessory dwelling unit be designed in a manner that does not change the appearance of the primary dwelling as a single-family dwelling; require a primary dwelling: regardless of whether the primary dwelling is existing or new construction, to include one additional on-site parking space for an internal accessory dwelling unit, in addition to the parking spaces required under the municipality's land use regulation, except that if the municipality's land use ordinance requires four off-street parking spaces, the municipality may not require the additional space contemplated under this Subsection (3)(c)(i); and to replace any parking spaces contained within a garage or carport if an internal accessory dwelling unit is created within the garage or carport and is a habitable space; prohibit the creation of an internal accessory dwelling unit within a mobile home as defined in Section 57-16-3 ; require the owner of a primary dwelling to obtain a permit or license for renting an internal accessory dwelling unit; prohibit the creation of an internal accessory dwelling unit within a zoning district covering an area that is equivalent to: 25% or less of the total area in the municipality that is zoned primarily for residential use, except that the municipality may not prohibit newly constructed internal accessory dwelling units that: have a final plat approval dated on or after October 1, 2021; and comply with applicable land use regulations; or 67% or less of the total area in the municipality that is zoned primarily for residential use, if the main campus of a state or private university with a student population of 10,000 or more is located within the municipality; prohibit the creation of an internal accessory dwelling unit if the primary dwelling is served by a failing septic tank; prohibit the creation of an internal accessory dwelling unit if the lot containing the primary dwelling is 6,000 square feet or less in size; prohibit the rental or offering the rental of an internal accessory dwelling unit for a period of less than 30 consecutive days; prohibit the rental of an internal accessory dwelling unit if the internal accessory dwelling unit is located in a dwelling that is not occupied as the owner's primary residence; hold a lien against a property that contains an internal accessory dwelling unit in accordance with Subsection (4); and record a notice for an internal accessory dwelling unit in accordance with Subsection (5). In addition to any other legal or equitable remedies available to a municipality, a municipality may hold a lien against a property that contains an internal accessory dwelling unit if: the owner of the property violates any of the provisions of this section or any ordinance adopted under Subsection (3); the municipality provides a written notice of violation in accordance with Subsection (4)(b); the municipality holds a hearing and determines that the violation has occurred in accordance with Subsection (4)(d), if the owner files a written objection in accordance with Subsection (4)(b)(iv); the owner fails to cure the violation within the time period prescribed in the written notice of violation under Subsection (4)(b); the municipality provides a written notice of lien in accordance with Subsection (4)(c); and the municipality records a copy of the written notice of lien described in Subsection (4)(a)(v) with the county recorder of the county in which the property is located. The written notice of violation shall: describe the specific violation; provide the owner of the internal accessory dwelling unit a reasonable opportunity to cure the violation that is: no less than 14 days after the day on which the municipality sends the written notice of violation, if the violation results from the owner renting or offering to rent the internal accessory dwelling unit for a period of less than 30 consecutive days; or no less than 30 days after the day on which the municipality sends the written notice of violation, for any other violation; state that if the owner of the property fails to cure the violation within the time period described in Subsection (4)(b)(ii), the municipality may hold a lien against the property in an amount of up to $100 for each day of violation after the day on which the opportunity to cure the violation expires; notify the owner of the property: that the owner may file a written objection to the violation within 14 days after the day on which the written notice of violation is post-marked or posted on the property; and of the name and address of the municipal office where the owner may file the written objection; be mailed to: the property's owner of record; and any other individual designated to receive notice in the owner's license or permit records; and be posted on the property. The written notice of lien shall: comply with the requirements of Section 38-12-102 ; state that the property is subject to a lien; specify the lien amount, in an amount of up to $100 for each day of violation after the day on which the opportunity to cure the violation expires; be mailed to: the property's owner of record; and any other individual designated to receive notice in the owner's license or permit records; and be posted on the property. If an owner of property files a written objection in accordance with Subsection (4)(b)(iv), the municipality shall: hold a hearing in accordance with Title 52, Chapter 4, Open and Public Meetings Act , to conduct a review and determine whether the specific violation described in the written notice of violation under Subsection (4)(b) has occurred; and notify the owner in writing of the date, time, and location of the hearing described in Subsection (4)(d)(i)(A) no less than 14 days before the day on which the hearing is held. If an owner of property files a written objection under Subsection (4)(b)(iv), a municipality may not record a lien under this Subsection (4) until the municipality holds a hearing and determines that the specific violation has occurred. If the municipality determines at the hearing that the specific violation has occurred, the municipality may impose a lien in an amount of up to $100 for each day of violation after the day on which the opportunity to cure the violation expires, regardless of whether the hearing is held after the day on which the opportunity to cure the violation has expired. If an owner cures a violation within the time period prescribed in the written notice of violation under Subsection (4)(b), the municipality may not hold a lien against the property, or impose any penalty or fee on the owner, in relation to the specific violation described in the written notice of violation under Subsection (4)(b). A municipality that issues, on or after October 1, 2021, a permit or license to an owner of a primary dwelling to rent an internal accessory dwelling unit, or a building permit to an owner of a primary dwelling to create an internal accessory dwelling unit, may record a notice in the office of the recorder of the county in which the primary dwelling is located. The notice described in Subsection (5)(a) shall include: a description of the primary dwelling; a statement that the primary dwelling contains an internal accessory dwelling unit; and a statement that the internal accessory dwelling unit may only be used in accordance with the municipality's land use regulations. The municipality shall, upon recording the notice described in Subsection (5)(a), deliver a copy of the notice to the owner of the internal accessory dwelling unit.
In residentially zoned areas, an internal accessory dwelling unit is a permitted use, and a municipality may not impose construction or use restrictions on one such unit within a primary dwelling, except as provided in Subsections (2) and (3).
In any area zoned primarily for residential use: the use of an internal accessory dwelling unit is a permitted use; except as provided in Subsections (2) and (3), a municipality may not establish any restrictions or requirements for the construction or use of one internal accessory dwelling unit within a primary dwelling, including a restriction or requirement governing: the size of the internal accessory dwelling unit in relation to the primary dwelling; total lot size; street frontage; or internal connectivity; and a municipality's regulation of architectural elements for internal accessory dwelling units shall be consistent with the regulation of single-family units, including single-family units located in historic districts.
A municipality may not impose restrictions or requirements on the construction or use of one internal accessory dwelling unit in a primary dwelling, except as allowed by Subsections (2) and (3).
except as provided in Subsections (2) and (3), a municipality may not establish any restrictions or requirements for the construction or use of one internal accessory dwelling unit within a primary dwelling, including a restriction or requirement governing: the size of the internal accessory dwelling unit in relation to the primary dwelling; total lot size; street frontage; or internal connectivity; and
A municipality must keep its regulation of architectural elements for internal accessory dwelling units consistent with its regulation of single-family units, including those in historic districts.
a municipality's regulation of architectural elements for internal accessory dwelling units shall be consistent with the regulation of single-family units, including single-family units located in historic districts.
A municipality may impose several conditions and limits on internal accessory dwelling units, including design, parking, permits, zoning coverage, minimum rental term, and related lien/notice steps.
A municipality may: prohibit the installation of a separate utility meter for an internal accessory dwelling unit; require that an internal accessory dwelling unit be designed in a manner that does not change the appearance of the primary dwelling as a single-family dwelling; require a primary dwelling: regardless of whether the primary dwelling is existing or new construction, to include one additional on-site parking space for an internal accessory dwelling unit, in addition to the parking spaces required under the municipality's land use regulation, except that if the municipality's land use ordinance requires four off-street parking spaces, the municipality may not require the additional space contemplated under this Subsection (3)(c)(i); and to replace any parking spaces contained within a garage or carport if an internal accessory dwelling unit is created within the garage or carport and is a habitable space; prohibit the creation of an internal accessory dwelling unit within a mobile home as defined in Section 57-16-3 ; require the owner of a primary dwelling to obtain a permit or license for renting an internal accessory dwelling unit; prohibit the creation of an internal accessory dwelling unit within a zoning district covering an area that is equivalent to: 25% or less of the total area in the municipality that is zoned primarily for residential use, except that the municipality may not prohibit newly constructed internal accessory dwelling units that: have a final plat approval dated on or after October 1, 2021; and comply with applicable land use regulations; or 67% or less of the total area in the municipality that is zoned primarily for residential use, if the main campus of a state or private university with a student population of 10,000 or more is located within the municipality; prohibit the creation of an internal accessory dwelling unit if the primary dwelling is served by a failing septic tank; prohibit the creation of an internal accessory dwelling unit if the lot containing the primary dwelling is 6,000 square feet or less in size; prohibit the rental or offering the rental of an internal accessory dwelling unit for a period of less than 30 consecutive days; prohibit the rental of an internal accessory dwelling unit if the internal accessory dwelling unit is located in a dwelling that is not occupied as the owner's primary residence; hold a lien against a property that contains an internal accessory dwelling unit in accordance with Subsection (4); and record a notice for an internal accessory dwelling unit in accordance with Subsection (5).
require that an internal accessory dwelling unit be designed in a manner that does not change the appearance of the primary dwelling as a single-family dwelling;
require that an internal accessory dwelling unit be designed in a manner that does not change the appearance of the primary dwelling as a single-family dwelling;
A municipality must require certain dwellings to add one on-site parking space for an internal accessory dwelling unit, with a limited exception.
require a primary dwelling: regardless of whether the primary dwelling is existing or new construction, to include one additional on-site parking space for an internal accessory dwelling unit, in addition to the parking spaces required under the municipality's land use regulation, except that if the municipality's land use ordinance requires four off-street parking spaces, the municipality may not require the additional space contemplated under this Subsection (3)(c)(i); and to replace any parking spaces contained within a garage or carport if an internal accessory dwelling unit is created within the garage or carport and is a habitable space;
If a municipality’s land use ordinance requires four off-street parking spaces, it may not require the extra on-site parking space for an internal accessory dwelling unit.
regardless of whether the primary dwelling is existing or new construction, to include one additional on-site parking space for an internal accessory dwelling unit, in addition to the parking spaces required under the municipality's land use regulation, except that if the municipality's land use ordinance requires four off-street parking spaces, the municipality may not require the additional space contemplated under this Subsection (3)(c)(i); and
Parking spaces in a garage or carport may not be replaced when the garage or carport contains an internal accessory dwelling unit that is a habitable space.
to replace any parking spaces contained within a garage or carport if an internal accessory dwelling unit is created within the garage or carport and is a habitable space;
A municipality is prohibited from prohibiting internal accessory dwelling units in certain zoning districts, with an exception for newly constructed units that have final plat approval on or after October 1, 2021 and comply with land use regulations.
prohibit the creation of an internal accessory dwelling unit within a zoning district covering an area that is equivalent to: 25% or less of the total area in the municipality that is zoned primarily for residential use, except that the municipality may not prohibit newly constructed internal accessory dwelling units that: have a final plat approval dated on or after October 1, 2021; and comply with applicable land use regulations; or 67% or less of the total area in the municipality that is zoned primarily for residential use, if the main campus of a state or private university with a student population of 10,000 or more is located within the municipality;
A municipality may not prohibit newly constructed internal accessory dwelling units if they have final plat approval dated on or after October 1, 2021 and comply with applicable land use regulations.
25% or less of the total area in the municipality that is zoned primarily for residential use, except that the municipality may not prohibit newly constructed internal accessory dwelling units that: have a final plat approval dated on or after October 1, 2021; and comply with applicable land use regulations; or
The municipality condition is 67% or less of total residentially zoned area when the municipality contains the main campus of a state or private university with at least 10,000 students.
67% or less of the total area in the municipality that is zoned primarily for residential use, if the main campus of a state or private university with a student population of 10,000 or more is located within the municipality;
Rental of an internal accessory dwelling unit is prohibited when the unit is in a dwelling that is not occupied as the owner's primary residence.
prohibit the rental of an internal accessory dwelling unit if the internal accessory dwelling unit is located in a dwelling that is not occupied as the owner's primary residence;
In addition to any other legal or equitable remedies available to a municipality, a municipality may hold a lien against a property that contains an internal accessory dwelling unit if: the owner of the property violates any of the
In addition to any other legal or equitable remedies available to a municipality, a municipality may hold a lien against a property that contains an internal accessory dwelling unit if: the owner of the property violates any of the provisions of this section or any ordinance adopted under Subsection (3); the municipality provides a written notice of violation in accordance with Subsection (4)(b); the municipality holds a hearing and determines that the violation has occurred in accordance with Subsection (4)(d), if the owner files a written objection in accordance with Subsection (4)(b)(iv); the owner fails to cure the violation within the time period prescribed in the written notice of violation under Subsection (4)(b); the municipality provides a written notice of lien in accordance with Subsection (4)(c); and the municipality records a copy of the written notice of lien described in Subsection (4)(a)(v) with the county recorder of the county in which the property is located. The written notice of violation shall: describe the specific violation; provide the owner of the internal accessory dwelling unit a reasonable opportunity to cure the violation that is: no less than 14 days after the day on which the municipality sends the written notice of violation, if the violation results from the owner renting or offering to rent the internal accessory dwelling unit for a period of less than 30 consecutive days; or no less than 30 days after the day on which the municipality sends the written notice of violation, for any other violation; state that if the owner of the property fails to cure the violation within the time period described in Subsection (4)(b)(ii), the municipality may hold a lien against the property in an amount of up to $100 for each day of violation after the day on which the opportunity to cure the violation expires; notify the owner of the property: that the owner may file a written objection to the violation within 14 days after the day on which the written notice of violation is post-marked or posted on the property; and of the name and address of the municipal office where the owner may file the written objection; be mailed to: the property's owner of record; and any other individual designated to receive notice in the owner's license or permit records; and be posted on the property. The written notice of lien shall: comply with the requirements of Section 38-12-102 ; state that the property is subject to a lien; specify the lien amount, in an amount of up to $100 for each day of violation after the day on which the opportunity to cure the violation expires; be mailed to: the property's owner of record; and any other individual designated to receive notice in the owner's license or permit records; and be posted on the property. If an owner of property files a written objection in accordance with Subsection (4)(b)(iv), the municipality shall: hold a hearing in accordance with Title 52, Chapter 4, Open and Public Meetings Act , to conduct a review and determine whether the specific violation described in the written notice of violation under Subsection (4)(b) has occurred; and notify the owner in writing of the date, time, and location of the hearing described in Subsection (4)(d)(i)(A) no less than 14 days before the day on which the hearing is held. If an owner of property files a written objection under Subsection (4)(b)(iv), a municipality may not record a lien under this Subsection (4) until the municipality holds a hearing and determines that the specific violation has occurred. If the municipality determines at the hearing that the specific violation has occurred, the municipality may impose a lien in an amount of up to $100 for each day of violation after the day on which the opportunity to cure the violation expires, regardless of whether the hearing is held after the day on which the opportunity to cure the violation has expired. If an owner cures a violation within the time period prescribed in the written notice of violation under Subsection (4)(b), the municipality may not hold a lien against the property, or impose any penalty or fee on the owner, in relation to the specific violation described in the written notice of violation under Subsection (4)(b).
A municipality may place a lien on a property with an internal accessory dwelling unit if the owner violates the section or related ordinances and the listed notice, hearing, cure, and recording steps are satisfied.
In addition to any other legal or equitable remedies available to a municipality, a municipality may hold a lien against a property that contains an internal accessory dwelling unit if: the owner of the property violates any of the provisions of this section or any ordinance adopted under Subsection (3); the municipality provides a written notice of violation in accordance with Subsection (4)(b); the municipality holds a hearing and determines that the violation has occurred in accordance with Subsection (4)(d), if the owner files a written objection in accordance with Subsection (4)(b)(iv); the owner fails to cure the violation within the time period prescribed in the written notice of violation under Subsection (4)(b); the municipality provides a written notice of lien in accordance with Subsection (4)(c); and the municipality records a copy of the written notice of lien described in Subsection (4)(a)(v) with the county recorder of the county in which the property is located.
If the owner files a written objection under Subsection (4)(b)(iv), the municipality holds a hearing and determines whether the violation occurred under Subsection (4)(d).
the municipality holds a hearing and determines that the violation has occurred in accordance with Subsection (4)(d), if the owner files a written objection in accordance with Subsection (4)(b)(iv);
The municipality must record a copy of the written notice of lien with the county recorder in the county where the property is located.
the municipality records a copy of the written notice of lien described in Subsection (4)(a)(v) with the county recorder of the county in which the property is located.
The written notice of violation shall: describe the specific violation; provide the owner of the internal accessory dwelling unit a reasonable opportunity to cure the violation that is: no less than 14 days after the day on which the
The written notice of violation shall: describe the specific violation; provide the owner of the internal accessory dwelling unit a reasonable opportunity to cure the violation that is: no less than 14 days after the day on which the municipality sends the written notice of violation, if the violation results from the owner renting or offering to rent the internal accessory dwelling unit for a period of less than 30 consecutive days; or no less than 30 days after the day on which the municipality sends the written notice of violation, for any other violation; state that if the owner of the property fails to cure the violation within the time period described in Subsection (4)(b)(ii), the municipality may hold a lien against the property in an amount of up to $100 for each day of violation after the day on which the opportunity to cure the violation expires; notify the owner of the property: that the owner may file a written objection to the violation within 14 days after the day on which the written notice of violation is post-marked or posted on the property; and of the name and address of the municipal office where the owner may file the written objection; be mailed to: the property's owner of record; and any other individual designated to receive notice in the owner's license or permit records; and be posted on the property.
A municipality must give the owner of an internal accessory dwelling unit a chance to fix a violation before acting, with at least 14 days if the issue involves renting for less than 30 consecutive days, and at least 30 days for other violations.
provide the owner of the internal accessory dwelling unit a reasonable opportunity to cure the violation that is: no less than 14 days after the day on which the municipality sends the written notice of violation, if the violation results from the owner renting or offering to rent the internal accessory dwelling unit for a period of less than 30 consecutive days; or no less than 30 days after the day on which the municipality sends the written notice of violation, for any other violation;
At least 14 days must pass after the municipality sends the written notice of violation, if the violation comes from the owner renting or offering to rent the internal accessory dwelling unit for less than 30 consecutive days.
no less than 14 days after the day on which the municipality sends the written notice of violation, if the violation results from the owner renting or offering to rent the internal accessory dwelling unit for a period of less than 30 consecutive days; or
If the owner does not cure the violation in time, the municipality may place a lien on the property.
state that if the owner of the property fails to cure the violation within the time period described in Subsection (4)(b)(ii), the municipality may hold a lien against the property in an amount of up to $100 for each day of violation after the day on which the opportunity to cure the violation expires;
The owner of the property may file a written objection to the violation within 14 days after the notice of violation is post-marked or posted, and the owner must be given the municipal office name and address for filing.
notify the owner of the property: that the owner may file a written objection to the violation within 14 days after the day on which the written notice of violation is post-marked or posted on the property; and of the name and address of the municipal office where the owner may file the written objection;
The owner may file a written objection to the violation within 14 days after the notice is post-marked or posted on the property.
that the owner may file a written objection to the violation within 14 days after the day on which the written notice of violation is post-marked or posted on the property; and
The written notice of lien must meet listed content and delivery requirements.
The written notice of lien shall: comply with the requirements of Section 38-12-102 ; state that the property is subject to a lien; specify the lien amount, in an amount of up to $100 for each day of violation after the day on which the opportunity to cure the violation expires; be mailed to: the property's owner of record; and any other individual designated to receive notice in the owner's license or permit records; and be posted on the property.
If a property owner files a written objection, the municipality must hold a hearing and give the owner written notice of the hearing at least 14 days in advance. The municipality may not record a lien until the hearing is held and the violation is found to have occurred.
If an owner of property files a written objection in accordance with Subsection (4)(b)(iv), the municipality shall: hold a hearing in accordance with Title 52, Chapter 4, Open and Public Meetings Act , to conduct a review and determine whether the specific violation described in the written notice of violation under Subsection (4)(b) has occurred; and notify the owner in writing of the date, time, and location of the hearing described in Subsection (4)(d)(i)(A) no less than 14 days before the day on which the hearing is held. If an owner of property files a written objection under Subsection (4)(b)(iv), a municipality may not record a lien under this Subsection (4) until the municipality holds a hearing and determines that the specific violation has occurred. If the municipality determines at the hearing that the specific violation has occurred, the municipality may impose a lien in an amount of up to $100 for each day of violation after the day on which the opportunity to cure the violation expires, regardless of whether the hearing is held after the day on which the opportunity to cure the violation has expired.
If a property owner files a written objection, the municipality must hold a hearing and give the owner written notice of the hearing date, time, and location at least 14 days before the hearing.
If an owner of property files a written objection in accordance with Subsection (4)(b)(iv), the municipality shall: hold a hearing in accordance with Title 52, Chapter 4, Open and Public Meetings Act , to conduct a review and determine whether the specific violation described in the written notice of violation under Subsection (4)(b) has occurred; and notify the owner in writing of the date, time, and location of the hearing described in Subsection (4)(d)(i)(A) no less than 14 days before the day on which the hearing is held.
hold a hearing in accordance with Title 52, Chapter 4, Open and Public Meetings Act , to conduct a review and determine whether the specific violation described in the written notice of violation under Subsection (4)(b) has occurred; and
hold a hearing in accordance with Title 52, Chapter 4, Open and Public Meetings Act , to conduct a review and determine whether the specific violation described in the written notice of violation under Subsection (4)(b) has occurred; and
The owner must be notified in writing of the hearing date, time, and location at least 14 days before the hearing.
notify the owner in writing of the date, time, and location of the hearing described in Subsection (4)(d)(i)(A) no less than 14 days before the day on which the hearing is held.
If a property owner files a written objection under Subsection (4)(b)(iv), the municipality may not record a lien under this Subsection (4) until it holds a hearing and determines the specific violation occurred.
If an owner of property files a written objection under Subsection (4)(b)(iv), a municipality may not record a lien under this Subsection (4) until the municipality holds a hearing and determines that the specific violation has occurred.
If the municipality finds at the hearing that the violation occurred, it may impose a lien of up to $100 per day of violation after the cure period expires.
If the municipality determines at the hearing that the specific violation has occurred, the municipality may impose a lien in an amount of up to $100 for each day of violation after the day on which the opportunity to cure the violation expires, regardless of whether the hearing is held after the day on which the opportunity to cure the violation has expired.
If an owner cures a violation within the time period prescribed in the written notice of violation under Subsection (4)(b), the municipality may not hold a lien against the property, or impose any penalty or fee on the owner, in relation
If an owner cures a violation within the time period prescribed in the written notice of violation under Subsection (4)(b), the municipality may not hold a lien against the property, or impose any penalty or fee on the owner, in relation to the specific violation described in the written notice of violation under Subsection (4)(b).
A municipality that issues, on or after October 1, 2021, a permit or license to an owner of a primary dwelling to rent an internal accessory dwelling unit, or a building permit to an owner of a primary dwelling to create an internal
A municipality that issues, on or after October 1, 2021, a permit or license to an owner of a primary dwelling to rent an internal accessory dwelling unit, or a building permit to an owner of a primary dwelling to create an internal accessory dwelling unit, may record a notice in the office of the recorder of the county in which the primary dwelling is located. The notice described in Subsection (5)(a) shall include: a description of the primary dwelling; a statement that the primary dwelling contains an internal accessory dwelling unit; and a statement that the internal accessory dwelling unit may only be used in accordance with the municipality's land use regulations. The municipality shall, upon recording the notice described in Subsection (5)(a), deliver a copy of the notice to the owner of the internal accessory dwelling unit.
A municipality may record a notice with the county recorder if it issues certain permits or licenses for an internal accessory dwelling unit after October 1, 2021.
A municipality that issues, on or after October 1, 2021, a permit or license to an owner of a primary dwelling to rent an internal accessory dwelling unit, or a building permit to an owner of a primary dwelling to create an internal accessory dwelling unit, may record a notice in the office of the recorder of the county in which the primary dwelling is located.
The notice must include a description of the primary dwelling, a statement that it contains an internal accessory dwelling unit, and a statement that the unit may be used only in accordance with the municipality’s land use regulations.
The notice described in Subsection (5)(a) shall include: a description of the primary dwelling; a statement that the primary dwelling contains an internal accessory dwelling unit; and a statement that the internal accessory dwelling unit may only be used in accordance with the municipality's land use regulations.
The municipality must deliver a copy of the notice to the owner of the internal accessory dwelling unit after the notice described in Subsection (5)(a) is recorded.
The municipality shall, upon recording the notice described in Subsection (5)(a), deliver a copy of the notice to the owner of the internal accessory dwelling unit.
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