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Council flags enforcement, CC&Rs and impact-fee questions as ADU rules take effect

September 01, 2026 | River Heights, Cache County, Utah


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Council flags enforcement, CC&Rs and impact-fee questions as ADU rules take effect
As council adopted the ADU ordinance, members and staff discussed several implementation issues that will require follow-up. Council asked planning and public-works staff to check subdivision covenants and conditions (CC&Rs) during the zoning-clearance process so applicants do not begin construction and later find a private restriction prevents an ADU. Members also discussed whether to impose impact fees for detached ADUs to address sewer and park impacts and whether the city or a third party will be able to track compliance with owner-occupancy rules.

Keenan said the planning commission discussed impact fees and that city staff (Craig) thought a 50% impact fee could be appropriate to reflect additional sewer and service impacts. “Craig felt like a 50% impact fee was appropriate,” Keenan said, but council noted state law and variations across jurisdictions may limit or complicate such fees. Council directed staff to return with clearer cost and legal analysis before adopting any local impact fee.

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