North Logan City Info -Sheet

Boarders and Renters in Homes

What are the basic laws governing boarders or renters in homes in North Logan?

Zoning laws are what govern whether or not boarders or renters are permissible in your home. The majority of North Logan is zoned for single family dwellings, meaning only one “family” can live in a house.

There are some multiple family buildings (apartments, duplexes, etc.) in North Logan but they are zoned accordingly or were, for the most part, built originally in a multiple family zone. Even in these multiple family buildings only one “family” can live in each dwelling unit in the building unless the unit is designated as an “apartment” by special permit. When designated as an “apartment” a certain number of unrelated persons are allowed to live in the unit by conditional use permit obtained from the city. Although there are many ways houses are built that make it possible for a homeowner to rent out or otherwise make space available to another family or unrelated singles, that practice is generally not allowed under our current zoning ordinance.

A new city law does allow for another “family” to live in a single family residence if the residence is owner occupied and if a conditional use permit is obtained for this use.

See the back of this Info Sheet for some of the North Logan City Code references that apply to this issue.

How does the city define a family and how does that affect this issue?

The North Logan City Council has established the definition of a family by city ordinance as the following:

Family. Persons related by blood, marriage or adoption. A family is further defined to include one (1) additional unrelated individual living with the family…..

This definition allows for some flexibility, but it still does not provide for more than one family to live in a home or other dwelling unit. Any number of related persons can live in a home or apartment as long as they are related (related closely enough to fit within the city’s definition) plus you can have one additional person living there who is not related.

If we have one unrelated individual or some relatives living with us, can they be in a separate part of our home with their own kitchen and living area and can they pay us rent?

No reference is made in the ordinance as to whether there can be separate living areas or whether rent can be exchanged. This was done intentionally to allow for the relatives or the one unrelated person living with the family to have a private space separate from others living there, and to pay rent, if that is the agreement.

How closely related is “related”? We’re all related by blood if you go way back.

Related by blood, marriage, or adoption within the definition of “family” means a father, mother, husband, wife, son, daughter, sister, brother, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild, to include the half as well as the whole blood.

What “grandfathering” rules are applicable?

If a portion of a home had been rented out as a separate dwelling unit when city ordinances allowed for that and if the dwelling unit has continuously been used as such since that time, then the situation might still be allowed. There are a few such places in North Logan where this is the case, but they are rare.

NLC Info Sheet 005

Explain the new law that allows for a second family to live in a single family home if the home is occupied by the owner of the home.

If a single family residence is lived in by the owner, that owner may apply for an Accessory Dwelling Unit (ADU) to be permitted in the home. This is done through a conditional use process which includes an inspection of the property to ensure it meets certain building and fire codes. The ADU must be a separate living space in the house (having its own kitchen and entrance for example) plus two off-street parking spaces must be provided for the ADU in addition to two for the base home. See North Logan City Code 12C-513 for more info.

What are some examples of situations which are OK and some which are not?

The following would be permitted or not permitted as noted below.

· Husband, wife and children living upstairs with a brother’s family in the basement OK

· An elderly individual living upstairs with an unrelated couple living in a basement apartment OK

· Two unrelated individuals living in the same home or one apartment in a four-plex OK

· Husband, wife and children with an unrelated foreign exchange student OK

· Three or more unrelated people living together in a home or an apartment in a four-plex Not Permitted

· Husband and wife (owners) living upstairs with an unrelated couple in the basement Permitted Only Through ADU

The following are places to go in the North Logan City Code for further, more detailed information about this issue. You may look up these city laws on the City’s web site at www.ci.north-logan.ut.us . At the homepage click the block on the left marked “Municipal Code”. Scroll down to Title 12A or C, click there and you can read the specific code.

Look within Section 12A-200 for these and other definitions relating to this issue:

Accessory Dwelling

Apartment, Multiple Family

Family

Related

Residence, Family

Residence, Single Family

Look in subsections of Section 12C-200 for information on non-conforming uses to include:

12C‑207. Continuation of Use.

12C‑209. Change of use.

12C‑210. Non-conforming Use of Land.

Look in Section 12C-513 for information about establishing a living unit as an “Apartment”. This only applies in an area already zoned for multiple family housing.

Look in Section 12C-515 for information about establishing an accessory dwelling unit in an owner-occupied residence.

Need more Information? Contact the City Administrator or City Planner at 752-1310.

NLC Info Sheet 005