053 of 2018 - Amending various sections of the Salt Lake City Code pertaining to accessory dwelling Units 0 18-1
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SALT LAKE CITY ORDINANCE
No. 53 of 2018
(Amending various sections of the Salt Lake City Code
pertaining to accessory dwelling units)
An ordinance amending various sections of the Salt Lake City Code pertaining to accessory
dwelling units, pursuant to Petition No. PLNPCM2014-00447.
WHEREAS, the Salt Lake City Planning Commission held a public hearing on June 22,
2016 to consider a request made by the Salt Lake City Mayor (per the petition of former mayor,
Ralph Becker) ("Applicant") (Petition No. PLNPCM2014-00447)to amend Sections 21A.40.200
(Zoning: Accessory Uses, Buildings and Structures: Accessory Dwelling Units), 21A.62.040
(Zoning: Definitions: Definitions of Terms), 21A.33.020 (Zoning: Land Use Tables: Table of
Permitted and Conditional Uses for Residential Districts), and 21A.33.070 (Zoning: Land Use
Tables: Table of Permitted and Conditional Uses for Special Purpose Districts)pertaining to
accessory dwelling units; and
WHEREAS, at its June 22, 2016 hearing, the planning commission voted in favor of
forwarding a positive recommendation on said petition to the Salt Lake City Council; and
WHEREAS, the city council finds after holding a public hearing on this matter, that
adopting this ordinance is in the city's best interests.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending the Text of Salt Lake City Code Section 21A.40.200. That
Section 21A.40.200 (Zoning: Accessory Uses, Buildings and Structures: Accessory Dwelling
Units) of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
21A.40.200: ACCESSORY DWELLING UNITS:
A. Purpose Statement: The regulatory intentions of this section are to:
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1. Create new housing units while respecting the appearance and scale of single-family
residential development;
2. Provide more housing choices in residential districts;
3. Allow more efficient use of existing housing stock, public infrastructure, and the
embodied energy contained within existing structures;
4. Provide housing options for family caregivers, adult children, aging parents, and
families seeking smaller households;
5. Offer a means for residents,particularly seniors, single parents, and families with
grown children,to remain in their homes and neighborhoods, and obtain extra
income, security, companionship, and services;
6. Broaden the range of affordable housing throughout the city;
7. Support sustainability objectives by increasing housing close to jobs, schools, and
services, thereby reducing greenhouse gas emissions and fossil fuel consumption;
8. Support transit oriented development and reduce auto usage by increasing density
near transit; and
9. Support the economic viability of historic properties and the city's historic
preservation goals by allowing accessory dwellings in historic structures.
B. Owner Occupant: For the purposes of this title, "owner occupant" shall mean the
following:
1. An individual who is listed on a recorded deed as an owner of the property;
2. Any person who is related by blood, marriage, adoption to an individual who is listed
on a recorded deed as an owner of the property; or
3. An individual who is a trustor of a family trust who possesses legal ownership of the
property.
C. Applicability: Accessory dwelling units shall be permitted as specified in Chapter 21A.33
Land Use Tables of this title and subject to compliance with the applicable provisions of
this title.
D. Methods of Creation: An accessory dwelling unit may be created through, but not limited
to, the following methods:
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1. Converting existing living area within a single family dwelling as an addition to an
existing single family dwelling, or within a single family dwelling created as new
construction; or
2. Converting an existing detached accessory building, as an addition to an existing
accessory building, or as a newly constructed accessory building.
E. Standards: Accessory dwelling units shall conform to the following requirements:
1. General Requirements applicable to all accessory dwelling units:
a. One Per Lot: City may permit one accessory dwelling unit for each lot that
contains a single-family dwelling.
b. Not a Unit of Density: Accessory dwelling units are not considered a unit of
density and therefore are not included in the density calculation for residential
property.
c. Ownership: An accessory dwelling unit shall not be sold separately or subdivided
from the principal dwelling unit or lot unless compliant with subdivision
regulations.
d. Owner Occupancy: The city shall only permit an accessory dwelling unit when an
owner occupant lives on the property within either the principal or accessory
dwelling unit. Owner occupancy shall not be required when:
(1) The owner has a bona fide, temporary absence of three (3) years or less for
activities such as military service,temporary job assignments, sabbaticals, or
voluntary service (indefinite periods of absence from the dwelling shall not
qualify for this exception); or
(2) The owner is placed in a hospital, nursing home, assisted living facility or
other similar facility that provides regular medical care, excluding retirement
living facilities or communities.
e. Number of Residents: The total number of residents that reside in an accessory
dwelling unit may not exceed the number allowed for a"family" as defined in
Section 21A.62.040, "Definitions of Terms", of this title.
f. Home Occupations: Home occupations may be conducted in an accessory
dwelling unit as per Section 21A.36.030 of this title.
g. Parking: An accessory dwelling unit shall require a minimum of one on-site
parking space. If the property has an existing driveway, the driveway area located
between the property line with an adjacent street and a legally located off-street
parking area can satisfy the parking requirement if the parking requirement for the
principal use is complied with and the driveway area has a space that is at least
twenty feet(20') deep by eight feet(8') wide. The parking requirement may be
waived if:
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(1) Legally located on street parking is available along the street frontage of the
subject property; or
(2) The subject property is located within one-quarter (1/4) mile of transit stop.
2. Additional Requirements for Accessory Dwelling Units Located Within a Single
Family Dwelling: Accessory dwelling units located within a single family dwelling
shall comply with the following standards:
a. Any addition shall comply with the building height, yard requirements, and
building coverage requirements of the underlying zoning district or applicable
overlay district unless modified by the historic landmark commission for a
property located within an H Historic Preservation Overlay District.
b. Size Requirements: No accessory dwelling unit shall occupy more than fifty
percent (50%) of the gross square footage of the single family dwelling. The
square footage of an attached garage shall not be included in the gross square
footage unless the accessory dwelling unit is located in a basement that includes
habitable space below the garage.
c. Entrance Locations: Entrances to an accessory dwelling unit that are located within a
single family dwelling shall only be permitted in the following locations:
(1) An existing entrance to the single family dwelling;
(2) When located on a building façade that faces a corner side yard,the entrance shall
be setback a minimum of twenty feet(20')from the front building facade;
(3) Exterior stairs leading to an entrance above the first level of the principal
structure shall only be located on the rear elevation of the building;
(4) Side entrances to an accessory dwelling unit are not considered a principal entry
to the building and are exempt from Subsection 21A.24.010.H"Side Entry
Buildings";
(5) Located on the rear façade of the dwelling;
(6) Located in a side yard provided the side yard is at least eight feet(8')in width.
Stairs leading to an ADU in the basement are permitted to encroach into the side
yard.
3. Additional Requirements for an Accessory Dwelling Unit Located in a Detached
Accessory Building: An accessory dwelling unit located in a detached accessory
building or as an addition to an existing accessory building shall comply with the
following standards, (except that any of the standards in this section may be modified
by the historic landmark commission for a property located in an H Historic
Preservation Overlay District):
a. Shall comply with all applicable general yard, bulk, and height limitations found
in Section 21A.40.050 of this chapter and any accessory building regulation found
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in the underlying zoning district or any applicable overlay zoning district unless
otherwise regulated by this section. An accessory dwelling unit located in an
additional accessory building may be constructed and shall not count towards the
maximum square footage of all accessory buildings as stated in Subsection
21A.40.050.B.2. The accessory building containing an accessory dwelling unit
shall not have a footprint that is greater than 50% of the footprint of the principal
dwelling, and shall not exceed 650 square feet. An accessory building that
contains an accessory dwelling unit and any other permitted accessory use shall
comply with all building coverage requirements in Section 21A.40.050.
b. Shall comply with the building maximum coverage requirements of the
underlying zoning district or applicable overlay zoning district, whichever is more
restrictive.
c. Setbacks: All accessory dwelling units located in an accessory building shall be
located between the rear wall of the single family dwelling and the rear property
line and be subject to the following setback requirements:
(1) Shall be located a minimum of ten feet (10') from the single family dwelling
located on the same parcel and any single family dwelling on an adjacent
property.
(2) Side and Rear Yard Setbacks:
(a) New accessory buildings: Shall be located a minimum of four feet(4')
from any side or rear lot line.
(b) Additions to existing accessory buildings: The addition shall be located a
minimum of four feet from any side or rear lot line. If an existing
accessory building includes an addition, all of or portions of the existing
structure may be used as an accessory dwelling unit provided the existing
setbacks are not further reduced and the structure complies or can be
altered to comply with the applicable sections of the adopted fire code of
the city.
(c) Second story additions: A second story addition to an existing accessory
building is permitted provided the second story addition has a minimum
setback of ten feet from a side or rear property line and the second story
addition complies with all applicable regulations for accessory dwelling
units located on a second floor of a detached accessory building. If the
side or rear lot line is adjacent to an alley, the setback may be reduced to
four feet (4')
d. Building Height:
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(1) The maximum height of an accessory building containing an accessory
dwelling unit shall not exceed the height of the single family dwelling on the
property or exceed seventeen feet in height, whichever is less.
Exception: If the single family dwelling on the property is over seventeen feet
in height, an accessory building containing an accessory dwelling unit may be
equal to the height of the single family dwelling up to a maximum building
height of twenty four feet(24') for an accessory building with a pitched roof
or twenty feet (20') for an accessory building with a flat roof provided the
accessory building is setback a minimum of ten feet (10') from a side or
property line. The setback for additional height may be reduced to four feet
(4') if the side or rear lot line is adjacent to an alley.
(2) Accessory building height shall be measured to the ridge of the roof for
buildings with a pitched roof and to the top of the roof line for a flat roof.
e. Size Requirements: An accessory building that contains an accessory dwelling
unit shall be subject to the building coverage requirements for accessory buildings
found in Section 21A.40.050. In no instance shall any accessory dwelling unit
exceed a gross floor area of six hundred and fifty square feet (650 ft2).
f. Entrance Locations: The entrance to an accessory dwelling unit in an accessory
building shall be located:
(1) Facing an alley, public street or facing the rear facade of the single family
dwelling on the same property.
(2) Facing a side or rear property line provided the entrance is located a minimum
of ten feet(10') from the side or rear property line.
(3) Exterior stairs leading to an entrance shall be located a minimum of ten feet
(10') from a side or rear property line unless the applicable side or rear
property line is adjacent to an alley in which case the minimum setback for the
accessory building applies to the stairs.
g. Requirements for Windows: Windows on an accessory building containing an
accessory dwelling unit shall comply with the following standards:
(1) Windows shall be no larger than necessary to comply with the minimum
building code requirements for egress where required. Skylights, clerestory
windows, or obscured glazing shall be used when facing a side or rear
property line to comply with minimum building code requirements for air and
light on building elevations that are within ten feet of a side or rear property
line unless the side or rear property line is adjacent to an alley.
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(2) Except as required in paragraph a, windows shall maintain a similar
dimension and design as the windows found on the principal structure.
(3) Window openings located on the ground floor within an existing accessory
building, whether conforming or non-conforming with window regulations in
this chapter, may be retained if compliant with building and fire codes.
Existing windows located on a second level within an existing accessory
building shall be brought into compliance with this section.
h. Balconies and Decks: balconies and decks shall be designed as follows:
(1) Shall not exceed eighty square feet(80 ft2) in size when located above the
ground level of the building;
(2) Shall be located a minimum of ten feet (10') from a side or rear yard lot line
unless the applicable side or rear yard lot line is adjacent to an alley;
(3) Rooftop decks are prohibited.
F. Registration Process: Property owners seeking to establish an accessory dwelling unit
shall comply with the following:
1. Application:
a. Zoning Certificate: Apply for a zoning certificate in accordance with Chapter
21A.08 of this title.
(1) Certificate of Occupancy: A certificate of occupancy for the ADU shall not be
issued until a zoning certificate is issued. A zoning certificate may be issued at
the same time as the certificate of occupancy. If a certificate of occupancy is
not required, the zoning certificate shall be issued prior to the ADU being
occupied.
(2) Good Landlord Program: If a business license is required for the rental of
either the ADU or the single family dwelling, the owner shall be enrolled in
the landlord/tenant initiative program as defined in Title 5 Business Taxes,
Licenses and Regulations prior to issuing a zoning certificate.
b. Building Permit: Apply for and obtain a building permit for the proposed
accessory dwelling unit, regardless of method of creation.
c. Proof of Owner Occupancy: An application for an accessory dwelling unit shall
include documentation that demonstrates an owner occupant resides on the
property. The documentation shall include any legal document that demonstrates
compliance with Subsection 21A.40.200.B Owner Occupant.
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2. Deed Restriction: A lot approved for development with an accessory dwelling unit
shall have a deed restriction, the form of which shall be approved by the city attorney,
and shall be filed with the county recorder's office. The form shall state that the
owner occupant must occupy the property as required within this section. Such deed
restriction shall run with the land until the accessory dwelling unit is abandoned or
revoked.
3. Certificate of Occupancy: No accessory dwelling unit shall receive a certificate of
occupancy or be occupied until the property owner completes the registration process
outlined in this section. Registration is not required if the ADU is occupied by
relatives of the property owner.
G. Abandonment: If a property owner is unable or unwilling to fulfill the requirements of
this section, the owner shall remove those features of the accessory dwelling unit that
make it a dwelling unit. Failure to do so will constitute a violation of this section.
H. Reporting: The planning division shall provide an annual report to the city council
detailing the number of applications, address of each unit for which an application was
submitted, a brief explanation of reasons why an application was denied, and a map
showing approved accessory dwelling units. The report shall be transmitted to the city
council by February 15`h for the previous year.
SECTION 2. Amending the Text of Salt Lake City Code Section 21A.62.040. That
Section 21A.62.040 (Zoning: Definitions: Definitions of Terms) of the Salt Lake City Code shall
be, and hereby is, amended modify only the definition of"DWELLING, ACCESSORY UNIT",
which definition shall read as follows:
DWELLING, ACCESSORY UNIT: A type of accessory use that includes a residential unit
that is located on the same lot as a single-family attached or detached dwelling unit, either
internal to or attached to the single-family unit or in a detached structure. The accessory
dwelling unit shall be a complete housekeeping unit with a shared or separate entrance, and
separate kitchen, sleeping area, closet space, and bathroom facilities.
The codifier is instructed to modify only the aforementioned definition and make no other
revisions to Section 21A.62.040 as part of this ordinance.
SECTION 3. Amending the Text of Salt Lake City Code Section 21A.33.020. That
Section 21A.33.020 (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for
Residential Districts) of the Salt Lake City Code shall be, and hereby is, amended to modify that
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table only as it pertains to the use "Dwelling, accessory unit", which use category shall read as
follows:
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SECTION 4. Amending the Text of Salt Lake City Code Section 21A.33.070. That
Section 21A.33.070 (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for
Special Purpose Districts) of the Salt Lake City Code shall be, and hereby is, amended to modify
that table only as it pertains to the use "Dwelling, accessory unit", which use category shall read
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SECTION 5. Effective Date. This Ordinance shall become effective on the date of its
first publication.
Passed by the City Council of Salt Lake City, Utah this 16 day of
October , 2018.
CHAIRPERSON
A T:
CITY RECORDER
Transmitted to Mayor on October 18, 2018 •
Mayor's Action: K— Approved. Vetoed.
AYOR
CITY RECORDER
G
+ APPROVED AS TO FORM
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(SEAL) - �* �i Salt Lake City Attorneys Office
Date:
Bill No. 53 of 2018. f+
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Published: October 31, 2018 4't, RATES By: P ul C.Nielson,Senior City Attorney
HB_ATTY-#55795-v 12-Ordinance_amending_ADU_regs.docx
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