Mayfield passes DADU ordinance
MAYFIELD—Housing in outbuildings, detached accessory dwelling units and short-term rentals dominated key parts of two recent Mayfield Town Council meetings.
Town officials used an April 1 work meeting to sort through policy questions and an April 8 public hearing and regular meeting to approve a new detached accessory dwelling unit (DADU) ordinance.
At the same time the council approved the DADU ordinance, it imposed a six-month moratorium on new DADUs to give the town time to get procedures in place to implement the provisions of the ordinance.
That could include authorizing the planning commission to look at both the new ordinance and Title 18, the town’s overall zoning ordinance, to make sure there aren’t any contradictions between the two.
As adopted, the ordinance the council adopted says its purpose is to provide standards for the placement and development of detached accessory dwelling units and promote housing flexibility while preserving Mayfield’s rural and residential character, ensuring compatibility between DADUs and primary residences, and maintaining health, safety and welfare standards.
At the April 8 meeting, Mayor Travis Good said that the DADU ordinance had been in the works for some time. “It’s often referred to as a mother-in-law apartment,” Good said. He described it as “a building you can have detached from your house that has living quarters in it.”
The ordinance that was adopted defines a DADU as a dwelling unit physically separate from the primary dwelling but located on the same lot. It must be subordinate in size and use to the primary residence. Such a unit has unit have facilities for living, sleeping, eating, cooking and sanitation.
A DADU can only be added to an owner-occupied property and must share utilities with the primary dwelling. Only one such unit is permitted on one residential property. A DADU cannot be used as a short-term, BnB-style rental, extending 30 days or less.
The ordinance specifies size and height limits for such a detached unit. Two off-street parking places must be provided for the detached, accessory unit, and the spaces may not be located on the front lawn.
The ordinance also requires DADUs to be maintained in good condition and to comply with the International Residential Code, International Electrical Code, Plumbing Code, Mechanical Code and Utah State Fire Code as adopted by Mayfield Town.
Mayfield homeowners use septic tanks, since the town doesn’t have a sewer system. The new DADU ordinance says a DADU must have its own septic system and follow regulations for septic tanks set down in the Utah State Code and in Central Utah Health Department policies.
The sharpest dialog on April 8 centered on language dealing with existing outbuildings, such as barns or garages, that owners might want to declare to bee DADUs or convert to DADUs. Planning commission members questioned whether the wording clearly told the public what was and was not allowed.
Good said the council’s intent was to make sure “someone who had a garage behind their house that was bigger than our ADU size” could not convert the garage to living quarters. He also raised the possibility that someone could argue that only part of a much larger structure would count as dwelling space.
By the end of the discussion, the council agreed to tighten the language to state that an existing accessory building could be converted only if it meets all ADU development standards. That language was adopted in the ordinance.
The ordinance says lots proposed for a DADUs must meet minimum lot-size requirements for wastewater systems after the DADU septic tank is added.
The ordinance also says the lot must provide an adequate primary septic-system absorption area and a designated replacement absorption area. And it allows the town to require a larger lot size than stated in the code when necessary to ensure compliance with state or Health Department standards.
Placement of DACUs on lots is also defined. A DADU must be placed to the side or rear of the primary dwelling. Minimum setbacks are 8 feet from side property lines, 20 feet from rear property lines and at least 12 feet from the primary dwelling. The ordinance also bars encroachment into public utility easements or into primary or replacement septic-system areas.
The ordinance sets the size of a DADU at a minimum of 500 square feet and a maximum of 1,000 square feet. Height may not exceed the height of the primary dwelling or 25 feet, whichever is less. The structure must be built on a permanent foundation, and exterior materials and architectural style must be compatible with the primary dwelling.
Before construction, the ordinance requires a zoning permit from Mayfield Town and a building permit issued by Sanpete County. It also requires a certificate of occupancy upon completion.
During the April 1 discussion, officials talked about whether accessory buildings should be allowed before a primary dwelling is built on a lot. One concern was that once a building has water or a bathroom, it can drift toward residential use even if that was not what was approved.
“If we are going to allow accessory buildings on vacant lots, we need to have something in there that says there will be no utilities for that building,” said Amanda Bennett, town clerk. The discussion that followed referenced an instance where a barn with a water connection eventually led to a trailer being placed on the property, and used as a residence, in violation of town ordinances.
Good said he agreed with the need for a clearer line. “We can just deny them a water meter, right?” he said during the discussion. “We won’t give them a water connection because they can’t have living quarters in a building like that.”
The council had been looking at some amendments to Title 18, the town’s overall zoning ordinance, designed to accommodate the new DADU language.
During the April 8 public hearing, planning commission members urged the council to send the entire draft of changes to Title 18 back to them for more work. The council agreed.
The other major thread running through the April meetings was short-term rentals, including AirBnb-type operations. At the April 1 work meeting, Bennett told the council the town needs ordinances governing short-term rentals, especially business-license requirements for such operations.
Council members identified at least one unlicensed AirBnB and discussed the need to make sure transient room tax revenue is routed to Mayfield rather than another jurisdiction.
That short-term rental discussion occurred within the context of a broader business-license conversation. In the April 1 work meeting, the council discussed how Bennett had identified 11 businesses operating without proper licenses, representing $550 in potential revenue at $50 per license. Most were home-based businesses or contractors with home offices. Bennett was directed to send letters to the 11 businesses requiring compliance and to include the known Airbnb.
The vote in favor of the DADU ordinance was unanimous, with Councilwoman Catherine Medler marked absent.
