1. The setbacks for an accessory dwelling shall be what is allowed in the zoning district within which the EADU is located. The side setback can be reduced to five feet if the EADU does not exceed a building height of twenty feet. The rear setback can be reduced to five feet if the EADU does not exceed a building height of twenty feet.

2. A minimum separation between an EADU and any adjacent structures must be ten feet, even if that structure is on an adjoining lot. The Building Official may waive or modify this requirement if adequate fire separation can be achieved by other means.

3. Where pre-existing structures meet the development standards of this chapter for an EADU, the original structure may be designated as the accessory dwelling if a new main structure is constructed on site.

4. An EADU shall not be constructed prior to the main dwelling structure, except in cases where new home construction has been permitted. An EADU may be permitted prior to construction of the main dwelling for purposes of living on site during the construction of the main dwelling.

5. An EADU may be constructed above a detached garage and consist of the same floor area; provided, that it shall not protrude beyond any ground floor wall and shall not consist of more than one story above the ground floor. The overall structure shall not exceed thirty feet if all zone required setbacks are met. If the accessory structure complies with accessory structure setbacks and encroaches into the underlying zone side and rear setbacks, the maximum height shall be twenty feet.

6. Any request for accessory dwelling units within residential zones shall be reviewed for compliance with the standards in this chapter and approved by City staff. A letter of compliance shall be issued to the applicant by the Zoning Administrator prior to issuance of a building permit.

7. One EADU is allowed if the main structure on the parcel is a duplex. One of the three resulting units must be owner-occupied.

8. The maximum size for accessory living quarters shall be no more than one thousand two hundred square feet. Lots larger than twenty thousand square feet in size may increase the maximum to one thousand five hundred square feet. There is no minimum size for ADUs. All ADUs must meet minimum building code requirements.

9. One on-site parking space shall be provided in addition to the underlying parking requirement. The parking space may be provided in tandem if the existing driveway length exceeds thirty-five feet as measured from the property line.

10. Accessory Dwellings per Lot. One Type 1 EADU may be permitted on parcels up to twenty thousand square feet. Parcels that are greater than twenty thousand square feet may apply for a maximum of two ADUs.

11. Property to Remain Undivided. Properties with EADUs shall remain recorded as one lot. The accessory dwelling shall not be sold separately.

12. Accessory dwellings are intended for long-term rental of thirty days or more, to the same individual, and may not be used for nightly rentals.

13. Deed Restriction. A deed restriction must be filed with the County Recorder which states:

1) A permit for an accessory dwelling was issued to ________, the current owner of this property on ________. The owner shall strictly adhere to the prohibition of the use of the accessory dwelling as nightly or short-term rental. The lease period for a Type 1 ADU shall be a minimum of three (3) months.

2) A permit for a Type 1 ADU, was issued to __________, the current owner of this property on_________. The owner, occupant, and structure shall strictly adhere to the International Residential Code and Moab Municipal Code requirements and regulations for this Type of Accessory Dwelling Unit.

Modified deed restriction language may be proposed by the City. (Ord. 21-16 § 2, 2021)