062 of 2012 - Amending 21A; Accessory dwelling units 0 12-1
P 11-15
SALT LAKE CITY ORDINANCE
No. 62 of 2012
(An ordinance amending various sections of Title 21A of the Salt Lake City Code
pertaining to accessory dwelling units)
An ordinance amending various sections of Title 21A of the Salt Lake City Code pursuant to
Petition No. PLNPCM2010-00612 to allow accessory dwelling units as defined herein.
WHEREAS, the Salt Lake City Planning Commission ("Planning Commission") held public
hearings on March 23, 2011 and June 22, 2011 to consider a request made by Salt Lake City Mayor
Ralph Becker (petition no. PLNPCM2010-00612) to amend the text of sections 21A.24.190 (Zoning:
Residential Districts: Table of Permitted and Conditional Uses for Residential Districts); 21A.60.020
(Zoning: List of Terms: List of Defined Terms); and 21A.62.040 (Zoning: Definitions: Definitions
of Terms) of the Salt Lake City Code and adopting a new section 21A.40.200 (Zoning: Accessory
Dwelling Units); and
WHEREAS, at its June 22, 2011 hearing, the Planning Commission voted in favor of
recommending to the City Council that the City Council amend and adopt the sections of Title 21A
of the Salt Lake City Code identified herein; and
WHEREAS, after a public hearing on this matter the City Council has determined 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 text of Salt Lake City Code section 21A.24.190. That section
21A.24.190 of the Salt Lake City Code (Zoning: Residential Districts: Table of Permitted and
Conditional Uses for Residential Districts), shall be, and hereby is, amended to insert the use
category of"Accessory dwelling unit" under the residential category listed on said table as depicted
in Exhibit"A" attached hereto. The codifier is instructed to only insert the "Accessory dwelling
unit" use category and designations of such use as a permitted or conditional use (as noted by a "P"
or "C") as shown on Exhibit "A" and make no other revisions to that table.
SECTION 2. Amending text of Salt Lake City Code chapter 21 A.40 to adopt section
21A.40.200. That the Salt Lake City Code shall be, and hereby is, amended to adopt section
21A.40.200 (Zoning: Accessory Uses, Buildings and Structures: Accessory Dwelling Units), which
shall read as follows:
21A.40.200: ACCESSORY DWELLING UNITS: Accessory dwelling units, as defined in
chapter 21A.62 of this title, shall be subject to the following:
A. Purpose Statement: The purposes of the accessory dwelling unit provisions are to:
1. Create new housing units while respecting the look and scale of single-dwelling
development;
2. Increase the housing stock of existing neighborhoods in a manner that is less intense
than alternatives;
3. Allow more efficient use of existing housing stock, public infrastructure, and the
embodied energy contained within existing structures;
4. Provide a mix of housing options that responds to changing family needs and 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. Promote a broader range of affordable housing;
7. Provide opportunity for workforce housing in developed and new neighborhoods,
close to places of work, thus reducing greenhouse gas emissions and reducing fossil
fuel consumption through less car commuting;
8. Support transit-oriented development and reduce auto usage by increasing density
near transit stops; and
9. Support the economic viability of historic properties and the city's historic
preservation goals by allowing accessory residential uses in historic structures.
B. Applicability: An accessory dwelling unit may be incorporated within or added onto an
existing house, garage, or other accessory structure, or may be built as a separate,
detached structure on a lot where a single-family dwelling exists. Accessory dwelling
units are allowed in the following residential zone districts: FR-1/43,560, FR-2/21,780,
FR-3/12,000, R-1/12,000, R-1/7,000, R-1/5,000, SR-1, SR-1A, SR-3, R-2, RMF-30,
RMF-35, RMF-45, and RMF-75 subject to the provisions of this section.
C. Owner Occupant: For the purposes of this title, owner occupant shall mean the following:
1. An individual who:
a. Possesses, as shown by a recorded deed, fifty (50) percent or more ownership in a
dwelling unit; and
b. Occupies the dwelling unit with a bona fide intent to make it his or her primary
residence; or
2. An individual who:
a. Is a trustor of a family trust which:
(1) Possesses fee title ownership to a dwelling unit;
(2) Was created for estate planning purposes by one (1) or more trustors of the
trust; and
b. Occupies the dwelling unit owned by the family trust with a bona fide intent to
make it his or her primary residence. Each living trustor of the trust shall so
occupy the dwelling unit except for a trustor who temporarily resides elsewhere
due to a disability or infirmity. In such event, the dwelling unit shall nevertheless
be the domicile of the trustor during the trustor's temporary absence.
3. Even if a person meets the requirements of Subsections 1 or 2 of this definition, such
person shall not be deemed an owner occupant if the property on which the dwelling
unit is located has more than one (1) owner and all owners of the property do not
occupy the dwelling unit with a bona fide intent to make the dwelling unit their
primary residence.
a. A claim by the city that a person is not an owner occupant may be rebutted only
by documentation, submitted to the Community and Economic Development
Department, showing such person has a bona fide intent to make the dwelling unit
his or her primary residence. Such intent shall be shown by:
(1) Documents for any loan presently applicable to the property where the
dwelling unit is located which name the person as a borrower;
(2) Tax returns which show the person has claimed income, deductions, or
depreciation from the property;
(3) Rental documents and agreements with any tenant who occupies the dwelling
unit, including an accessory apartment;
(4) Insurance, utility, appraisal, or other contractual documents related to the
property which name the person as the property owner; and
(5) Documents which show the person is a full-time resident of Utah for Utah
State income tax purposes.
b. Any person who fails, upon request of the Community and Economic
Development Department, to provide any of the documents set forth in
Subsections 3a of this definition or who provides a document showing that
ownership of a dwelling unit is shared among persons who do not all occupy the
dwelling unit shall mean for the purpose of this Title that such person shall not be
deemed an "owner occupant" of the dwelling unit in question.
4. The provisions of Subsection 3 of this definition shall apply to any person who began
a period of owner occupancy after September 1, 2012, regardless of when the person
purchased the property.
D. Standards: Accessory dwelling units shall conform to the following purpose statement
and requirements:
1. Purpose: These design and development standards are intended to ensure that
accessory dwelling units are:
a. Compatible with the desired character and livability of the residential zoning
districts;
b. Compatible with the historic district and landmark resources of the city;
c. Compatible with the general building scales and placement of structures to allow
sharing of common space on the lot, such as yards and driveways; and
d. Smaller in size than the principal dwelling on the site.
2. General Requirements:
a. Owner Occupant Requirement: Accessory dwelling units shall only be permitted
when an owner occupant lives on the property within either the principal dwelling
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.
b. 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, filed with the county recorder's office indicating such owner-occupied
requirement of the property prior to issuance of a final certificate of occupancy
for the accessory dwelling unit by the city. Such deed restriction shall run with the
land until the accessory dwelling unit is abandoned or revoked.
c. One per Lot: One (1) accessory dwelling unit is permitted per residential lot.
d. Underlying Zoning Applies: Unless specifically provided otherwise in this
section, accessory dwelling units are subject to the regulations for a principal
building of the underlying zoning district with regard to lot and bulk standards,
such as building and wall height, setbacks, yard requirements, and building
coverage.
(1) The requirements of Section 21A.40.050, Accessory Uses, Buildings, and
Structures, which govern all non-residential accessory structures, do not apply to
accessory dwelling units; and
(2) Accessory dwelling units may have the same building setbacks as that allowed
in the zoning district for the principal dwelling on the property. An existing
accessory structure whose setbacks do not meet the setback requirements for a
dwelling as noted above may be converted into an accessory dwelling unit but any
non-complying setbacks may not become more non-complying.
e. Existing Development on Lot: A single-family dwelling shall exist on the lot or
will be constructed in conjunction with the accessory dwelling unit.
f. Internal, Attached, or Detached: While accessory dwelling units are allowed only
in conjunction with a principal dwelling on a lot, the unit may be built internal to,
attached to, or as a separate unit detached from the principal dwelling.
g. Minimum Lot Area: Within permissible zoning districts, the minimum lot area
required for an accessory dwelling unit shall be:
(1) Internal: For accessory dwelling units located within the principal single-
family structure, no minimum lot area is required;
(2) Attached: For accessory dwelling units located within an addition to the
single-family structure, no minimum lot area is required; or
(3) Detached: For accessory dwelling units located within a detached structure, a
minimum lot area of five thousand (5,000) square feet is required.
h. Building Code Compliance: Accessory dwelling units are subject to compliance
with current building code at time of permit approval.
i. Public Utilities: No structure that is not connected to the public water and sanitary
sewer systems shall have an accessory dwelling unit.
j. Multi-Family Districts with Single Family Dwelling on Lot: A lot located within a
multi-family zoning district that is currently built out with a single-family
detached dwelling and does not have the required minimum amount of land to add
additional units pursuant to the multifamily zoning district requirement, one
accessory dwelling unit may be permitted.
k. 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.
1. Rooming House: Neither dwelling unit may be used as a rooming house as
defined by Section 21A.62.040 of this title.
m. Home Occupations: Home occupations listed in Section 21A36.030 B, Permitted
Home Occupations, may be conducted in an accessory dwelling unit. Those home
occupations listed in this section under "Conditional Home Occupations" are
explicitly not allowed in accessory dwelling units in order to maintain the
residential nature of the dwelling unit.
n. Historic Preservation Overlay District: Accessory dwelling units located in an H
Historic Preservation Overlay District are subject to the applicable regulations and
review processes of Section 21A.34.020, including the related guidelines and
standards as adopted by Salt Lake City to ensure compatible building and
preservation of historic resources.
o. The property on which an accessory dwelling unit is permitted shall be located in
whole or in part within a one-half ('/2) mile radius of an operational fixed transit
stop (i.e. commuter rail, light rail, streetcar, etc).
p. In an accessory dwelling unit that does not comply with the setback regulations
for a single-family dwelling, the placement of windows within the accessory
dwelling unit shall not be allowed within ten (10) feet of a side yard or rear yard
property line, except under the following conditions:
(1) Windows adjacent to a rear yard property line may be allowed within ten (10)
feet of the rear yard property line if the rear yard abuts an alley, or
(2) Windows located within ten (10) feet of a property line may be allowed if the
bottom of the window sill is located at least six (6) feet above the
corresponding floor plate.
3. Methods of Creation: An accessory dwelling unit may only be created through one of
more of the following methods:
a. Converting existing living area within a principal structure, such as a basement or
attic space;
b. Adding floor area to a principal structure;
c. Constructing a new single-family detached dwelling unit structure with an internal
or detached accessory dwelling unit;
d. Converting or adding onto an existing accessory structure on a lot, such as to a
garage or other outbuilding, where no required parking for the principal dwelling
is eliminated by the accessory dwelling unit; or
e. Constructing a new accessory dwelling unit within a separate detached structure
in compliance with applicable lot coverage regulations.
4. Size of Accessory Dwelling Unit: The maximum size of an accessory dwelling unit
may be no more than fifty (50) percent of the gross square footage of the principal
dwelling unit or six hundred fifty (650) square feet whichever is less. The minimum
size of an accessory dwelling unit is that size specified and required by the adopted
building code of the city.
5. Ownership: An accessory dwelling unit shall not be sold separately or subdivided
from the principal dwelling unit or lot.
6. Number of Residents: The total number of residents that may reside in an accessory
dwelling unit may not exceed the number that is allowed for a family as defined in
Section 21A.62.040, Definition of Terms.
7. Parking:
a. An accessory dwelling unit that contains a studio or single bedroom, one (1)
additional on-site parking space is required.
b. An accessory dwelling unit that contains two (2) or more bedrooms, two (2)
additional on-site parking spaces are required.
c. The City Transportation Director may approve a request to waive, or modify the
dimensions of, the accessory dwelling unit parking space upon finding that the
parking requirement for the principal dwelling is met, and
(1) Adequate on-street parking in the immediate vicinity is available to serve the
accessory dwelling unit and will not cause congestion in the area; or
(2) The accessory dwelling unit is located within one-quarter ('/) mile of a fixed
transit line or an arterial street with a designated bus route.
d. The City Transportation Director may allow tandem parking, within a legal
location behind an existing on-site parking space, to meet the accessory dwelling
unit parking requirement so long as the parking space requirement is met for the
principal dwelling.
8. Location of Entrance to Accessory Dwelling Unit:
a. Internal or Attached Units: Accessory dwelling units that are internal to or
attached to a principal dwelling may take access from an existing entrance on a
street-facing front facade of the principal dwelling. No new entrances may be
added to the front facade of a principal dwelling for an accessory dwelling unit
unless such access is located at least twenty (20) feet behind the front facade of
the principal dwelling unit.
b. Detached Units: Accessory dwelling units that are detached from the principal
dwelling:
(1) May utilize an existing street-facing front facade entrance as long as the
entrance is located a minimum of twenty (20) feet behind the front facade of the
principal dwelling, or install a new entrance to the existing or new detached
structure for the purpose of serving the accessory dwelling unit as long as the
entrance is facing the rear or side of lot.
(2) Shall be located no closer than thirty (30) feet from the front property line and
shall take access from an alley when one is present and accessible.
c. Corner Lots: On corner lots, existing entrances on the street-facing sides may be
used for an accessory dwelling unit, but any new entrance shall be located facing
toward the rear property line or interior side yard, or toward the back of the
principal dwelling.
d. H Iistoric Preservation Overlay District: When accessory dwelling units are
proposed in an H Historic Preservation Overlay District, the regulations and
design guidelines governing these properties in Section 21 A.34.020 shall take
precedence over the location of entrance provisions above.
e. Side Entrance Exemption: Side entrance for an accessory dwelling unit shall not
be subject to compliance with code 21A.24.010.II Side Entry Buildings of this
title.
9. Exterior Design:
a. Within an H Historic Preservation Overlay District: Accessory dwelling units
located within an H Historic Preservation Overlay District shall meet the process,
regulations, and applicable design guidelines in Section 21A.34.020 of this title.
b. Outside H Historic Preservation Overlay District or Historic Landmark Site:
Accessory dwelling units shall be regulated by the following exterior design
standards:
(1) The maximum height of a detached accessory dwelling unit shall not exceed
the principal structure; and
(2) An accessory dwelling unit shall be designed and constructed to be compatible
with the principal structure.
10. Registration: Accessory dwelling units shall be registered with the city to evaluate
whether the accessory dwelling unit initially meets applicable requirements; to ensure
that the accessory dwelling unit meets health and safety requirements; to ensure that
the property owner is aware of all city regulations governing accessory dwelling
units; to ensure that the distribution and location of accessory dwelling units is
known, to assist the City in assessing housing supply and demand; and to fulfill the
Accessory Dwelling Units Purpose Statement listed above. To accomplish this,
property owners seeking to establish an accessory dwelling unit shall comply with the
following:
a. Building Permit: Apply for and obtain a building permit for the proposed
accessory dwelling unit, regardless of method of creation;
b. Inspection: Ensure accessory dwelling unit is constructed, inspected, and
approved in compliance with current building code; and
c. Business License: Apply for and obtain an annual business license for the
accessory dwelling unit in accordance with the applicable provisions of the city.
11. Occupancy: No accessory dwelling unit shall be occupied until the property owner
obtains a business license for the accessory dwelling unit from the city.
SECTION 3. Amending text of Salt Lake City Code section 21 A.60.020. That section
21 A.60.020 of the Salt Lake City Code (Zoning: List of Terms: List of Defined Terms), shall be, and
hereby is, amended only to insert the following terms into that list in alphabetical order:
Accessory dwelling unit
Owner occupant
SECTION 4. Amending text of Salt Lake City Code section 21A.62.040. That section
21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms), shall be, and
hereby is, amended only to insert the following definitions into that list in alphabetical order:
ACCESSORY DWELLING UNIT: A residential unit that is located on the same lot as a
single-family 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.
OWNER OCCUPANT: See section 21A.40.200 of this title.
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 l day of 1er, 2012.
A ER O
ATTEST AND COUNTERSIGN:
2 _ UO
�I Y RECORDER
Transmitted to Mayor on lDDZ'ZO/2
Mayor's Action: ./ Approved. Vetoed.
_I MA 6 '
11/ -.
CITY RECORDER �,��' ,
(SEAL) ,IJ ` t ., APPROVED AS TO FORM
44 'y� Z
�l Salt Lake City Attorney's Office
t 1 ,'t'N'f4} Date:
Bill No. 6210—t3 Oi0212 `` 0 �" B
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Published: N.
�(j��! ,- Pa C.Nielson, or ity Attorney
HB ATTY-#I9I49-v4-Ordinance_allowing_accessory_dwelling_units.DOC
EXHIBIT "A":
Insertion of "Accessory dwelling unit" use category into residential districts use table
21 A.24.190: TABLE OF PERMITTED AND CONDITIONAL USES FOR RESIDENTIAL DISTRICTS:
Legend: C = Conditional P = Permitted
Permitted And Conditional Uses,By District Residential Districts
FR-1/ FR-2/ FR-3/ R-1/ R-1/ R-1/
Use 43,560 21,780 12,000 12,000 7,000 5,000 SR-1 SR-2 SR-3 R-2 RMF-30 RMF-35 RMF-45 RMF-75 RB R-MU-35 R-MU-45 R-MU RO
Residential:
Accessory dwelling unit I P P P I P P PP P P P P P P P