Planning commission approves new ADU rules, adds water-proof requirement

Eastern Summit County planners and commissioners on Sept. 21 approved a package of changes to the East Side development code that narrow and clarify rules for accessory dwelling units (ADUs), create a new live-work unit category and add a requirement that applicants demonstrate adequate culinary water capacity at the building-permit stage.

Ray, a planning staff member, told the commission the proposal removes prior agricultural-employee dwelling language, which had proved difficult to apply, and replaces it with a single set of ADU standards. "So what we have tonight is we have some amendments to our, East Side development code relating to accessory dwelling units," he said, summarizing the draft.

Under the adopted changes, detached ADUs would be limited to 1,000 square feet and each lot may have no more than one ADU. Internal ADUs would be allowed only where the primary dwelling is owner-occupied, as required by state law, and would not be subject to a square-foot cap when contained within the main house. The ordinance also prohibits condominiumization or separate sale of an ADU and links issuance of a certificate of occupancy for an ADU to an existing certificate of occupancy for the primary dwelling.

The revisions create a live-work unit type, drawing criteria from the International Building Code (IBC). Ray told commissioners the draft limits nonresidential activity to the main floor "to keep the...working and the industrial stuff on the Ground Floor where you can do deliveries and people come in and come out that way," and to avoid triggering additional IBC-required fire-protection, accessibility and elevator requirements. The draft further limits live-work floor area to 3,000 square feet and caps occupancy of the nonresidential component at five workers.

Commissioners raised questions about utilities and enforcement. Marion asked why the draft included septic language but not explicit water-capacity language; Ray and others said proof of adequate water is typically verified through building-department review but agreed the commission could require demonstration of sufficient culinary water for both primary and accessory uses at permit time. "That way you absolutely could get item," Ray said in response to the query about showing proof of adequate water.

Concerns about short-term rentals also surfaced. One commissioner asked how ADUs, internal units and live-work spaces would be prevented from becoming short-term rentals. Ray said the ADU rules in this ordinance address long-term rentals (30 days or more) and that Summit County currently requires a business license for short-term rentals but lacks broader STR rules; he said enforcement would be complaint-driven after a CO is issued and that the county attorney's office is working on separate STR regulations.

With those clarifications, the chair moved to approve the ADU amendments and add a requirement that applicants demonstrate adequate water capacity during the building-permit review; Marion seconded the motion. The commission voted by voice; the chair announced the motion passed.

The meeting also approved minutes from the Sept. 9 meeting and scheduled follow-up work on the Cedar Crest village-overlay project. Peter, representing the subcommittee, said the Cedar Crest subcommittee advanced the overlay to the full commission and that staff will post materials online ahead of an Oct. 5 work session; commissioners discussed holding an open house and ensuring materials are widely circulated so the public and commissioners have the same information before the public hearing.

The commission adjourned after brief discussion of a countywide visioning presentation planned for upcoming joint meetings with the council.