Davis County · about 6,100

Fruit Heights

October 6 text, confirm the minutes

The October 6, 2026 council agenda was a vote to adopt Ordinance 2026-5, a detached-ADU chapter. The ordinance in that packet is marked “Approved by Council on October 6, 2026.” Minutes were not posted when we read it, and an attorney note is still sitting inside the window rule, so confirm the recorder’s copy. The standards below are that text.

Internal ADU: Permitted in most residential zones under House Bill 82. The detached chapter allows only one accessory unit on the lot, internal or detached, not both.
Detached ADU: In the October 6 text, a permitted staff review on a lot of at least 11,000 square feet with a legal single-family house. Not in the front yard. Not if the house is on a septic tank. One unit, and it cannot be sold off from the house.
Lot: 11,000 square feet in the marked text. The city did not take the option of a smaller lot.
Size: Not larger than the house. A single-story unit is 350 to 800 square feet. A unit over a detached garage is capped at 400 square feet, with the garage itself not over 800, and that path is written as if it were not a second story. The two sentences do not sit easily together. Confirm which one the city is enforcing. Height is 16 feet from average grade, or up to 25 feet over a garage if the side and rear setbacks grow one foot for each extra foot of height.
Parking: One on-site stall for a unit under 650 square feet, in addition to the house, and not in the street. The copy we read does not state a second stall for a larger unit. An earlier comment described a draft that required two. Confirm. A converted garage has to replace the house’s parking as well.
Owner occupancy: The owner lives in the house or the unit and records an affidavit. Both cannot be rented while the owner lives elsewhere. A temporary waiver is up to two years for a job, sabbatical, or voluntary service, and during that time only one of the two units may be rented.
Rental: Not fewer than 60 consecutive days. Nightly rental is not the path. Addressed as unit B.
Design: Ten feet to the side and rear foundation. Six to fifteen feet from the house, eaves included. A 6-foot privacy fence on the side and rear lines next to the unit. Rear yard not more than 50 percent impervious. Same water and sewer lines as the house. Not a mobile home, RV, or shipping container. Consistent with the house, within what state law still lets a city ask.

Notes

Source: Fruit Heights council packet for October 6, 2026, Title 10-11-25, marked approved that night. Read the signed ordinance if a number here is the one you are designing to.

Hillside grade and access still matter on the east bench. The text also says a neighbor’s existing zoning rights, including animals and farm buildings, are not wiped out by the new unit.

Statewide floor

Senate Bill 284, Utah Code §10-21-304, has been in effect since October 1, 2026. Every city on this list must allow a detached ADU as a permitted use — not a conditional use — on a lot of 11,000 square feet or larger that already has a permitted single-family house. A city may also allow one on a smaller lot. It may still set size, height, coverage, setbacks, and owner occupancy, and it may require that the unit not be larger than the house, not sit in the front yard, and not be rented for fewer than 90 days. Parking may not exceed one stall under 650 square feet, or two stalls at 650 square feet and above. A printed ban, or a conditional-use requirement, on a qualifying lot conflicts with the statute even if the code book is late. Confirm the city’s ordinance before anyone draws.

Inquire about a lot in Fruit Heights

We verify the ordinance that applies to your parcel as part of feasibility. Fruit Heights City