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A. Permitted Use. Type 3 ADUs shall be considered a permitted use in the RA-1 residential-agricultural zone, R-1 single-household residential zone, R-2 single-household and two-household residential zone, R-3 multi-household residential zone, and R-4 manufactured housing residential zone.

B. Type 3 ADU Requirements. The following requirements apply to all Type 3 ADUs:

1. Type 3 ADUs must include the code required bedroom window egress;

2. Type 3 ADUs require one additional on-site parking space; the parking space may be provided in tandem if the existing driveway length exceeds thirty-five feet as measured from the property line;

3. Type 3 ADUs require standard zoning approval on building permit applications, accompanied with a letter of zoning compliance, prior to building permit issuance;

4. Type 3 ADUs are not allowed if the main dwelling is served by a failing septic tank;

5. Type 3 ADUs cannot be rented for a period less than three months;

6. Type 3 ADUs may be constructed with the appropriate International Residential Code regulations determined by State statute for “ADUs”;

7. Type 3 ADUs are not allowed for lots containing a duplex;

8. There is no maximum size for Type 3 ADUs;

9. No more than one Type 3 ADU may be located within a single-household dwelling;

10. Properties with a Type 3 ADU shall remain recorded as one lot. The Type 3 ADU shall not be sold separately from the main home;

11. 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;

12. 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.

Modified deed restriction language may be proposed by the City.

2) A permit for a Type 3 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)