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HomeMy WebLinkAboutTransmittal - 12/12/2022ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005 CITY COUNCIL TRANSMITTAL ________________________ Date Received: _________________ Lisa Shaffer, Chief Administrative Officer Date sent to Council: _________________ ______________________________________________________________________________ TO:Salt Lake City Council DATE: Dan Dugan, Chair FROM:,Director, Department of Community & Neighborhoods __________________________ SUBJECT:Accessory Dwelling Unit Ordinance Text Amendment (PLNPCM2022-00475) STAFF CONTACT:Michael McNamee, Principal Planner michael.mcnamee@slcgov.com or 801-535-7226 DOCUMENT TYPE:Ordinance RECOMMENDATION:That the City Council follow the recommendation of the Planning Commission and adopt the changes to the Accessory Dwelling Unit Ordinance. BUDGET IMPACT:None BACKGROUND/DISCUSSION: The Planning Commission voted to initiate a petition at their February 9, 2022 hearing to eliminate the conditional use requirement for detached accessory dwelling units (ADUs) in single-family residential zoning districts. Subsequently, the City Council discussed the amendment during the March 8, 2022 work session and provided additional direction to staff. Staff expanded the proposal to include significant revisions of the requirements in the City’s current ADU Ordinance, many of which have been identified as impediments to the construction of ADUs in Salt Lake City. In order to address impediments to ADU construction, make ADU requirements easier to understand, and improve the quality of ADU construction, staff revised or introduced the following requirements: 1 Lisa Shaffer (Dec 12, 2022 14:58 MST)12/12/2022 12/12/2022 Remove conditional use requirement for detached ADUs in single-family zoning districts. Maximum allowable size of a detached ADU was increased from 650 square feet to 1,000 square feet for residential lots less than 12,000 square feet in size, or 1,200 square feet for other lots. The requirement that ADUs be no larger than 50 percent of the footprint of the principal structure was also removed. This allows for the development of ADUs that can accommodate larger households. Setbacks from side and rear property lines for a single-story detached ADU were changed from 4 feet to 3 feet. For second-story and two-story ADUs above 17 feet in height, setbacks were changed so that the increase in setback is commensurate with the increase in height. This is a significant change from the existing 10 foot setback required for all two-story ADUs. Introducing ADUs as a permitted accessory use to duplex, multi-family, and non- residential properties, expanding the number of properties where they could be built. Currently, ADUs are only permitted on properties with a single-family home as the principal use. Where detached ADUs are located near public alleys, the proposal includes requirements to activate the alley, with the goal of making alleys more useful and safer public spaces. In order to create consistency and ease of future reviews, staff included new definitions of short term rental, deck/porch/balcony, bike lane/path, non-residential use, and more. The proposed amendment leaves a requirement for one parking stall to be provided for an ADU in place, and adds the following circumstances under which the requirement to provide an off-street stall can be waived: o The property is in a zoning district with no minimum off-street parking requirement. o The property already contains at least one accessible stall above the minimum parking requirement. o The property is within one-half mile of a designated bicycle lane or path. Staff also revised the land use tables to permit ADUs in zoning districts outside of the residential zones, but where other types of residential uses are allowed. Currently, ADUs are permitted in 19 zoning districts and allowed as a conditional use in 6 zoning districts. Under the proposal, ADUs would be permitted in 7 of the 7 commercial districts, 4 of the 4 Transit Station Area (TSA) districts, 4 of the 4 Form-Based (FB) districts, 4 of the 4 Downtown districts, and the Gateway Mixed-Use District. In total, ADUs would be permitted by right in 45 of the City’s 54 zoning districts. They would continue to be prohibited in zones where no other residential uses are currently permitted. On pages 2-5 of the staff report, there is a discussion of how specific zoning districts would be affected, as well as maps comparing where ADUs are currently permitted to where they would be permitted under the changes. Staff also adjusted the limitation on accessory structure size in the FR, R-1, R-2 and SR zoning districts. The size limitation will no longer be 720 square feet or 1000 square feet for duplexes, but rather would be limited to 50% of the rear yard and the maximum lot coverage for the zoning district if located within the buildable area. The Planning Commission considered the request in a public hearing on September 14, 2022 and recommended the City Council approve the proposed amendment. As part of their 2 recommendation, they included a condition that the maximum allowable size of a detached ADU be increased from what was proposed by staff. The proposal originally had called for a maximum size of 720 square feet for a detached ADU, an increase from the currently adopted ordinance, which allows for up to 650 square feet. In order to accommodate more family-sized ADUs, the Planning Commission added a condition that the maximum allowable size be increased to 1,000 square feet. That maximum would apply to lots in residential zoning districts that are 12,000 square feet in size or less. On other lots, the maximum size would be 1,200 square feet, which is unchanged from the original proposal. PUBLIC PROCESS: Community Council Notice: A notice of application was sent to all recognized community organizations on May 18, 2022, per City Code Chapter 2.60 with a link to the online open house webpage. The recognized organizations were given 45 days to respond with any concerns or to request staff to meet with them and discuss the proposed zoning amendment. The 45-day public engagement period ended on July 5, 2022. Staff presented to the Sugar House and Yalecrest Community Councils at their request. After the Planning Commission hearing, staff also presented to the East Liberty Park Community Organization at their request. Public Open House: An online open house was held from May 17, 2022, to September 14, 2022. Fourteen written comments were submitted to the Planning Division after the publication of the staff report. Those comments have been included in Exhibit 5. Planning Commission Meeting: The Planning Commission held a public hearing on September 14, 2022. The public hearing was posted on the Planning Division website, the Utah Public Notice website, and shared through the Planning Division email listserv. No entities have requested mailed notice of this proposal and no mailed notice was provided. Written comments were provided to the Planning Commission. There three public comments made during the public hearing. The minutes of the Planning Commission meeting are linked in this document. The Commission voted 7-2 to forward a favorable recommendation to the City Council with the condition that the maximum allowable size of an ADU be increased from 720 square feet to 1,000 square feet. Planning Commission (PC) Records a) PC Agenda of September 14, 2022 (Click to Access) b) PC Minutes of September 14, 2022 (Click to Access) c)Planning Commission Staff Report of September 14, 2022 (Click to Access Report) EXHIBITS: 1) Project Chronology 2) Notice of City Council Public Hearing 3) Ordinance 4) Memorandum to the Planning Commission Serving as Record of Decision to Initiate Petition 3 5) Public Comment Received after Planning Commission Staff Report was Published 4 TABLE OF CONTENTS: 1. CHRONOLOGY 2. NOTICE OF CITY COUNCIL HEARING 3. ORDINANCE 4. MEMORANDUM TO THE PLANNING COMMISSION 5. PUBLIC COMMENT 5 1. CHRONOLOGY 6 ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005 PROJECT CHRONOLOGY Petition: PLNPCM2022-00475 February 9, 2022 Petition initiated by the a vote of the Planning Commission. May 12, 2022 Petition assigned to Michael McNamee, Principal Planner. May 17, 2022 Application posted for the online open house. May 18, 2022 Notice mailed to all Community Councils. September 2, 2022 Planning Commission agenda posted to the website and emailed to the listserv. September 8, 2022 Staff report posted to Planning’s website. September 14, 2022 Planning Commission Meeting and Public Hearing: A positive recommendation was forwarded to City Council with one condition. 7 2. NOTICE OF CITY COUNCIL HEARING 8 NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering Petition PLNPCM2022-000475. The Planning Commission voted on February 9, 2022 to initiate a petition to amend the City's ADU Ordinance. The proposed code revisions would eliminate the conditional use requirement for detached ADUs in single-family residential zones. They would also aim to lower zoning barriers to construction of ADUs in general. The proposed changes would seek to strike a better balance between encouraging construction of ADUs and mitigating impacts to neighboring properties. (Staff Contact: Michael McNamee at 801-535-7226) As part of their study, the City Council is holding an advertised public hearing to receive comments regarding the petition. During the hearing, anyone desiring to address the city Council concerning this issue will be given an opportunity to speak. The Council may consider adopting the ordinance the same night of the public hearing. The hearing will be held: DATE: TBD TIME: 7:00 PM PLACE: *Electronic and In-Person Options City and County Building Room 326 451 South State Street, Salt Lake City, Utah ** This meeting will be held via electronic means, while also providing for an in-person opportunity to attend or participate in the hearing at the City and County Building, located at 451 South State Street, Room 326, Salt Lake City, Utah. For more information, including WebEx connection information, please visit www.slc.gov/council/virtual-meetings. Comments may also be provided by calling the 24-Hour comment line at (801) 535-7654 or sending an email to council.comments@slcgov.com. All comments received through any source are shared with the Council and added to the public record. If you have any questions relating to this proposal or would like to review the file, please call Michael McNamee at 801-535-7226 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, or via e-mail or michael.mcnamee@slcgov.com. The application details can be accessed at https://citizenportal.slcgov.com/, by selecting the “planning” tab and entering the petition number PLNPCM2022-00475. People with disabilities may make requests for reasonable accommodation, which may include alternate formats, interpreters, and other auxiliary aids and services. Please make requests at least two business days in advance. To make a request, please contact the City Council Office at council.comments@slcgov.com, (801)535-7600, or relay service 711. 9 3. ORDINANCE 10 LEGISLATIVE DRAFT SALT LAKE CITY ORDINANCE1 No. _____ of 202_ 2 3 (An ordinance amending various sections of the Title 21A of the 4 Salt Lake City Code pertaining to accessory dwelling unit regulations) 5 6 An ordinance amending various sections of Title 21A of the Salt Lake City Code pursuant 7 to Petition No. PLNPCM2022-00475 pertaining to accessory dwelling unit regulations. 8 WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a 9 public hearing on September 14, 2022 to consider a petition submitted by the Planning 10 Commission (Petition No. PLNPCM2022-00475) to amend various sections of Title 21A of the 11 Salt Lake City Code pertaining to accessory dwelling unit regulations; and 12 WHEREAS, at its September 14, 2022 meeting, the Planning Commission voted in favor 13 of transmitting a positive recommendation to the Salt Lake City Council (“City Council”) on said 14 petition; and 15 WHEREAS, after a public hearing on this matter the City Council has determined that 16 adopting this ordinance is in the city’s best interests. 17 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 18 19 SECTION 1. Amending the Text of Salt Lake City Code Section 21A.33.020. That Section 20 21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 21 Conditional Uses for Residential Districts) shall be and hereby is amended to modify only the use 22 category “Dwelling, accessory unit” in the Table of Permitted and Conditional Uses for Residential 23 Districts, which use category shall read and appear in that table as follows: 24 25 11 LE G I S L A T I V E D R A F T 26 Us e Pe r m i t t e d and C o n d i t i o n a l U s e s by D i s t r i c t FR - 1 / 43 , 5 6 0 FR - 2/ 21 , 7 8 0 FR - 3/ 12 , 0 0 0 R- 1 / 12 , 0 0 0 R- 1 / 7, 0 0 0 R- 1 / 5, 0 0 0 SR - 1 S R - 2 S R - 3 R - 2 R M F - 3 0 M F - 3 5 R M F - 4 5 R M F - 7 5 R B R - M U - 3 5 R - M U - 4 5 R - M U R O Dw e l l i n g , ac c e s s o r y un i t CP CP CP CP CP CP P P P P P P P P P P P P 27 12 LEGISLATIVE DRAFT SECTION 2. Amending the Text of Salt Lake City Code Section 21A.33.030. That Section 28 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 29 Conditional Uses for Commercial Districts) shall be and hereby is amended only to add a new use 30 subcategory titled, “Accessory unit” in the Dwelling category in the Table of Permitted and 31 Conditional Uses for Commercial Districts, which use category shall be inserted into that table in 32 alphabetical order and shall read and appear in that table as follows: 33 Use Permitted and Conditional Uses by District CN CB CS 1 CC CSHBD 1 CG SNB Dwelling: Accessory unit P P P P P P P 34 SECTION 3. Amending the Text of Salt Lake City Code Section 21A.33.035. That Section 35 21A.33.035 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 36 Conditional Uses for Transit Station Area Districts) shall be and hereby is amended only to add a 37 new use subcategory titled, “Accessory unit” in the Dwelling category in the Table of Permitted and 38 Conditional Uses for Transit Station Area Districts, which use category shall be inserted into that 39 table in alphabetical order and shall read and appear in that table as follows: 40 Use Permitted and Conditional Uses by District TSA-UC TSA-UN TSA-MUEC TSA-SP Core Transition Core Transition Core Transition Core Transition Dwelling: Accessory unit P P P P P P P P 41 SECTION 4. Amending the Text of Salt Lake City Code Section 21A.33.050. That Section 42 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 43 Conditional Uses for Downtown Districts) shall be and hereby is amended only to add a new use 44 13 LEGISLATIVE DRAFT subcategory titled, “Accessory unit” in the Dwelling category in the Table of Permitted and 45 Conditional Uses for Downtown Districts, which use category shall be inserted into that table in 46 alphabetical order and shall read and appear in that table as follows: 47 Use Permitted and Conditional Uses by District D-1 D-2 D-3 D-4 Dwelling: Accessory unit P P P P 48 SECTION 5. Amending the Text of Salt Lake City Code Section 21A.33.060. That Section 49 21A.33.060 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 50 Conditional Uses in the Gateway District) shall be and hereby is amended only to add a new use 51 subcategory titled, “Accessory unit” in the Dwelling category in the Table of Permitted and 52 Conditional Uses for Downtown Districts, which use category shall be inserted into that table in 53 alphabetical order and shall read and appear in that table as follows: 54 55 Use G-MU Dwelling: Accessory unit P 56 SECTION 6. Amending the Text of Salt Lake City Code Section 21A.33.070. That Section 57 21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 58 Conditional Uses for Special Purpose Districts) shall be and hereby is amended only to add a new 59 use subcategory titled, “Accessory unit” in the Dwelling category in the Table of Permitted and 60 Conditional Uses for Special Purpose Districts, which use category shall be inserted into that table in 61 alphabetical order and shall read and appear in that table as follows: 62 63 14 LEGISLATIVE DRAFT Use Permitted Uses By District FB- UN1 FB-UN2 FB-SC FB-SE Dwelling: Accessory unit P P P P 64 SECTION 7. Amending the Text of Salt Lake City Code Subsection 21A.40.050.B.2. That 65 Subsection 21A.40.050.B.2 of the Salt Lake City Code (Zoning: Accessory Uses, Buildings and 66 Structures: General Yard, Bulk and Height Limitations) shall be and hereby is amended to read as 67 follows: 68 2. Building Coverage:69 70 a. In the FR, R-1, R-2 and SR residential districts the maximum building coverage of all 71 maximum footprint of any accessory building, excluding hoop houses, greenhouses, and 72 cold frames associated solely with growing food and/or plants, shall not exceed fifty73 percent (50%) of the building footprint of the principal structure up to a maximum of 74 seven hundred twenty (720) square feet for a single-family dwelling and one thousand 75 (1,000) square feet for a two-family dwelling. The maximum footprint for a primary 76 accessory structure within the SR-1A is limited to four hundred eighty (480) square feet 77 with an additional one hundred twenty (120) square feet allowed for a secondary 78 accessory structure. except as follows: 79 80 (1) Notwithstanding the size of the footprint of the principal building, at least 480 square 81 feet of accessory building coverage shall be allowed subject to the compliance with all 82 other requirements in Section 21A.40.050.83 (2) Accessory buildings constructed within the buildable area that are located between the 84 rear façade of the principal building and the rear yard setback may exceed 720 square 85 feet provided the building is located entirely within the buildable area and the property 86 complies with the maximum building coverage requirements of the underlying zoning 87 district.88 (3) The building coverage for a detached accessory dwelling unit shall be subject to the 89 standards in 21A.40.200, regardless of the building coverage requirement in this 90 section. 91 (4) An accessory building that contains an accessory dwelling unit on the second level 92 may exceed the maximum coverage up to the footprint of the accessory dwelling unit. 93 94 b. The combined coverage for all hoop houses, greenhouses, and cold frames shall not 95 exceed thirty five percent (35%) of the building footprint of the principal structure.96 15 LEGISLATIVE DRAFT SECTION 8. Amending the Text of Salt Lake City Code Section 21A.40.200. That Section 97 21A.40.200 of the Salt Lake City Code (Zoning: Accessory Uses, Buildings and Structures: Accessory 98 Dwelling Units) shall be and hereby is amended to read as follows:99 21A.40.200: ACCESSORY DWELLING UNITS:100 101 A. Purpose Statement: The regulatory intentions of this section are to: 102 103 1. Create new housing units while respecting the appearance and scale of single-family 104 residential development; 105 2. Provide more housing choices in residential districts; 106 3. Allow more efficient use of existing housing stock, public infrastructure, and the 107 embodied energy contained within existing structures; 108 4. Provide housing options for family caregivers, adult children, aging parents, and 109 families seeking smaller households; 110 5. Offer a means for residents, particularly seniors, single parents, and families with 111 grown children, to remain in their homes and neighborhoods, and obtain extra 112 income, security, companionship, and services; 113 6. Broaden the range of affordable housing throughout the City; 114 7. Support sustainability objectives by increasing housing close to jobs, schools, and 115 services, thereby reducing greenhouse gas emissions and fossil fuel consumption; 116 8. Support transit oriented development and reduce auto usage by increasing density 117 near transit; and 118 9. Support the economic viability of historic properties and the City’s historic 119 preservation goals by allowing accessory dwellings in historic structures. 120 121 B. Owner Occupant: For the purposes of this title, “owner occupant” shall mean the 122 following: 123 124 1. An individual who is listed on a recorded deed as an owner of the property; 125 2. Any person who is related by blood, marriage, adoption to an individual who is listed 126 on a recorded deed as an owner of the property; or 127 3. An individual who is a trustor of a family trust who possesses legal ownership of the 128 property. 129 130 C. Applicability: Accessory dwelling units shall be permitted as specified in chapter 21A.33, 131 “Land Use Tables”, of this title and subject to compliance with the applicable provisions 132 of this title. 133 D. Methods Of Creation: An accessory dwelling unit may be created through, but not 134 limited to, the following methods: 135 136 1. Converting existing living area within a single family dwelling as an addition to an 137 existing single family dwelling, or within a single family dwelling created as new 138 construction; or 139 16 LEGISLATIVE DRAFT 2. Converting an existing detached accessory building, as an addition to an existing 140 accessory building, or as a newly constructed accessory building. 141 142 E. Standards: Accessory dwelling units shall conform to the following requirements: 143 144 1. General Requirements Applicable To All Accessory Dwelling Units: 145 146 a. One Per Lot: City may permit one accessory dwelling unit for each lot that 147 contains a single-family dwelling.148 b. Not A Unit Of Density: Accessory dwelling units are not considered a unit of 149 density and therefore are not included in the density calculation for residential 150 property. 151 c. Ownership: An accessory dwelling unit shall not be sold separately or subdivided 152 from the principal dwelling unit or lot unless compliant with subdivision 153 regulations. 154 d. Owner Occupancy: The City shall only permit an accessory dwelling unit when 155 an owner occupant lives on the property within either the principal or accessory 156 dwelling unit. Owner occupancy shall not be required when: 157 158 (1) The owner has a bona fide, temporary absence of three (3) years or less for 159 activities such as military service, temporary job assignments, sabbaticals, or 160 voluntary service (indefinite periods of absence from the dwelling shall not 161 qualify for this exception); or 162 (2) The owner is placed in a hospital, nursing home, assisted living facility or 163 other similar facility that provides regular medical care, excluding retirement 164 living facilities or communities. 165 166 e. Number Of Residents: The total number of residents that reside in an accessory 167 dwelling unit may not exceed the number allowed for a “family” as defined in 168 section 21A.62.040, “Definitions Of Terms”, of this title. 169 f. Home Occupations: Home occupations may be conducted in an accessory 170 dwelling unit as per section 21A.36.030 of this title. 171 g. Parking: An accessory dwelling unit shall require a minimum of one on-site 172 parking space. If the property has an existing driveway, the driveway area located 173 between the property line with an adjacent street and a legally located off-street 174 parking area can satisfy the parking requirement if the parking requirement for the 175 principal use is complied with and the driveway area has a space that is at least 176 twenty feet (20’) deep by eight feet (8’) wide. The parking requirement may be 177 waived if:178 179 (1) Legally located on street parking is available along the street frontage of the 180 subject property; or 181 (2) The subject property is located within one-quarter (1/4) mile of transit stop.182 183 17 LEGISLATIVE DRAFT 2. Additional Requirements For Accessory Dwelling Units Located Within A Single 184 Family Dwelling: Accessory dwelling units located within a single family dwelling 185 shall comply with the following standards: 186 187 a. Any addition shall comply with the building height, yard requirements, and 188 building coverage requirements of the underlying zoning district or applicable 189 overlay district unless modified by the Historic Landmark Commission for a 190 property located within an H Historic Preservation Overlay District.191 b. Size Requirements: No accessory dwelling unit shall occupy more than fifty 192 percent (50%) of the gross square footage of the single family dwelling. The 193 square footage of an attached garage shall not be included in the gross square 194 footage unless the accessory dwelling unit is located in a basement that includes 195 habitable space below the garage.196 c. Entrance Locations: Entrances to an accessory dwelling unit that are located 197 within a single family dwelling shall only be permitted in the following locations:198 199 (1) An existing entrance to the single family dwelling; 200 (2) When located on a building facade that faces a corner side yard, the entrance 201 shall be set back a minimum of twenty feet (20’) from the front building 202 facade; 203 (3) Exterior stairs leading to an entrance above the first level of the principal 204 structure shall only be located on the rear elevation of the building; 205 (4) Side entrances to an accessory dwelling unit are not considered a principal 206 entry to the building and are exempt from subsection 21A.24.010H, “Side 207 Entry Buildings”, of this title; 208 (5) Located on the rear facade of the dwelling; 209 (6) Located in a side yard provided the side yard is at least eight feet (8’) in 210 width. Stairs leading to an ADU in the basement are permitted to encroach 211 into the side yard. 212 213 3. Additional Requirements For An Accessory Dwelling Unit Located In A Detached 214 Accessory Building: An accessory dwelling unit located in a detached accessory 215 building or as an addition to an existing accessory building shall comply with the 216 following standards, (except that any of the standards in this section may be modified 217 by the Historic Landmark Commission for a property located in an H Historic 218 Preservation Overlay District): 219 220 a. Bulk Requirements: Shall comply with all applicable general yard, bulk, and 221 height limitations found in section 21A.40.050 of this chapter and any accessory 222 building regulation found in the underlying zoning district or any applicable 223 overlay zoning district unless otherwise regulated by this section. An accessory 224 dwelling unit located in an additional accessory building may be constructed and 225 shall not count towards the maximum square footage of all accessory buildings as 226 stated in subsection 21A.40.050B2 of this chapter. The accessory building 227 containing an accessory dwelling unit shall not have a footprint that is greater 228 than fifty percent (50%) of the footprint of the principal dwelling, and shall not 229 18 LEGISLATIVE DRAFT exceed six hundred fifty (650) square feet. An accessory building that contains an 230 accessory dwelling unit and any other permitted accessory use shall comply with 231 all building coverage requirements in section 21A.40.050 of this chapter. 232 b. Maximum Coverage: Shall comply with the building maximum coverage 233 requirements of the underlying zoning district or applicable overlay zoning 234 district, whichever is more restrictive. 235 c. Setbacks: All accessory dwelling units located in an accessory building shall be 236 located between the rear wall of the single family dwelling and the rear property 237 line and be subject to the following setback requirements: 238 239 (1) Shall be located a minimum of ten feet (10’) from the single family dwelling 240 located on the same parcel and any single family dwelling on an adjacent 241 property. 242 (2) Side and rear yard setbacks: 243 244 (A) New Accessory Buildings: Shall be located a minimum of four feet (4’) 245 from any side or rear lot line. 246 (B) Additions To Existing Accessory Buildings: The addition shall be 247 located a minimum of four feet (4’) from any side or rear lot line. If an 248 existing accessory building includes an addition, all of or portions of the 249 existing structure may be used as an accessory dwelling unit provided the 250 existing setbacks are not further reduced and the structure complies or can 251 be altered to comply with the applicable sections of the adopted Fire Code 252 of the City. 253 (C) Second Story Additions: A second story addition to an existing accessory 254 building is permitted provided the second story addition has a minimum 255 setback of ten feet (10’) from a side or rear property line and the second 256 story addition complies with all applicable regulations for accessory 257 dwelling units located on a second floor of a detached accessory building. 258 If the side or rear lot line is adjacent to an alley, the setback may be 259 reduced to four feet (4’).260 261 d. Building Height: 262 263 (1) The maximum height of an accessory building containing an accessory 264 dwelling unit shall not exceed the height of the single family dwelling on the 265 property or exceed seventeen feet (17’) in height, whichever is less. 266 267 Exception: If the single family dwelling on the property is over seventeen feet 268 (17’) in height, an accessory building containing an accessory dwelling unit 269 may be equal to the height of the single family dwelling up to a maximum 270 building height of twenty four feet (24’) for an accessory building with a 271 pitched roof or twenty feet (20’) for an accessory building with a flat roof 272 provided the accessory building is set back a minimum of ten feet (10’) from a 273 side or rear property line. The setback for additional height may be reduced to 274 four feet (4’) if the side or rear lot line is adjacent to an alley.275 19 LEGISLATIVE DRAFT (2) Accessory building height shall be measured to the ridge of the roof for 276 buildings with a pitched roof and to the top of the roof line for a flat roof. 277 278 e. Size Requirements: An accessory building that contains an accessory dwelling 279 unit shall be subject to the building coverage requirements for accessory buildings 280 found in section 21A.40.050 of this chapter. In no instance shall any accessory 281 dwelling unit exceed a gross floor area of six hundred fifty (650) square feet.282 f. Entrance Locations: The entrance to an accessory dwelling unit in an accessory 283 building shall be located: 284 285 (1) Facing an alley, public street or facing the rear facade of the single family 286 dwelling on the same property. 287 (2) Facing a side or rear property line provided the entrance is located a 288 minimum of ten feet (10’) from the side or rear property line. 289 (3) Exterior stairs leading to an entrance shall be located a minimum of ten feet 290 (10’) from a side or rear property line unless the applicable side or rear 291 property line is adjacent to an alley in which case the minimum setback for the 292 accessory building applies to the stairs. 293 294 g. Requirements For Windows: Windows on an accessory building containing an 295 accessory dwelling unit shall comply with the following standards: 296 297 (1) Windows shall be no larger than necessary to comply with the minimum 298 Building Code requirements for egress where required. Skylights, clerestory 299 windows, or obscured glazing shall be used when facing a side or rear 300 property line to comply with minimum Building Code requirements for air 301 and light on building elevations that are within ten feet (10’) of a side or rear 302 property line unless the side or rear property line is adjacent to an alley. 303 (2) Except as required in subsection E3g(1) of this section, windows shall 304 maintain a similar dimension and design as the windows found on the 305 principal structure. 306 (3) Window openings located on the ground floor within an existing accessory 307 building, whether conforming or non-conforming with window regulations in 308 this chapter, may be retained if compliant with Building and Fire Codes. 309 Existing windows located on a second level within an existing accessory 310 building shall be brought into compliance with this section. 311 312 h. Balconies And Decks: Balconies and decks shall be designed as follows: 313 314 (1) Shall not exceed eighty (80) square feet in size when located above the ground 315 level of the building; 316 (2) Shall be located a minimum of ten feet (10’) from a side or rear yard lot line 317 unless the applicable side or rear yard lot line is adjacent to an alley;318 (3) Rooftop decks are prohibited. 319 320 20 LEGISLATIVE DRAFT F. Registration Process: Property owners seeking to establish an accessory dwelling unit 321 shall comply with the following: 322 323 1. Application: 324 325 a. Zoning Certificate: Apply for a zoning certificate in accordance with chapter 326 21A.08 of this title.327 328 (1) Certificate Of Occupancy: A certificate of occupancy for the ADU shall not 329 be issued until a zoning certificate is issued. A zoning certificate may be 330 issued at the same time as the certificate of occupancy. If a certificate of 331 occupancy is not required, the zoning certificate shall be issued prior to the 332 ADU being occupied. 333 (2) Good Landlord Program: If a business license is required for the rental of 334 either the ADU or the single family dwelling, the owner shall be enrolled in 335 the landlord/tenant initiative program as defined in title 5, “Business Taxes, 336 Licenses And Regulations”, of this Code prior to issuing a zoning certificate. 337 338 b. Building Permit: Apply for and obtain a building permit for the proposed 339 accessory dwelling unit, regardless of method of creation. 340 c. Proof Of Owner Occupancy: An application for an accessory dwelling unit shall 341 include documentation that demonstrates an owner occupant resides on the 342 property. The documentation shall include any legal document that demonstrates 343 compliance with subsection B, “Owner Occupant”, of this section. 344 345 2. Deed Restriction: A lot approved for development with an accessory dwelling unit 346 shall have a deed restriction, the form of which shall be approved by the City 347 Attorney, and shall be filed with the County Recorder’s Office. The form shall state 348 that the owner occupant must occupy the property as required within this section. 349 Such deed restriction shall run with the land until the accessory dwelling unit is 350 abandoned or revoked. 351 3. Certificate Of Occupancy: No accessory dwelling unit shall receive a certificate of 352 occupancy or be occupied until the property owner completes the registration process 353 outlined in this section. Registration is not required if the ADU is occupied by 354 relatives of the property owner. 355 356 G. Abandonment: If a property owner is unable or unwilling to fulfill the requirements of 357 this section, the owner shall remove those features of the accessory dwelling unit that 358 make it a dwelling unit. Failure to do so will constitute a violation of this section.359 H. Reporting: The Planning Division shall provide an annual report to the City Council 360 detailing the number of applications, address of each unit for which an application was 361 submitted, a brief explanation of reasons why an application was denied, and a map 362 showing approved accessory dwelling units. The report shall be transmitted to the City 363 Council by February 15th for the previous year. 364 365 21 LEGISLATIVE DRAFT A. Purpose: the regulatory purpose of this section is to promote an increase in the housing 366 stock within the city and promote housing choices by allowing and regulating accessory 367 dwelling units (ADUs). 368 369 B. Conflicting Regulations. If a regulation found in this section is in conflict with an 370 applicable regulation in the base zoning district, overlay district, or provision of general 371 applicability, the regulation in this chapter shall take precedence, with the following 372 exceptions: 373 374 1. The regulations set forth in the H Historic Preservation Overlay District; and 375 2. The Special Foothills Regulations set forth in Subsection 21A.24.010.P of this title. 376 C. Owner Occupancy Required. The owner of the property, as defined in this section, shall 377 reside on the property. For the purposes of this title, “owner occupant” shall mean the 378 following: 379 380 1. An individual who is listed on a recorded deed as an owner of the property;381 2. Any person who is related by blood, marriage, adoption to an individual who is listed on 382 recorded deed as an owner of the property; or383 3. An individual who is a trustor of a family trust who possesses legal ownership of the 384 property. 385 4. Exceptions:386 387 a. Owner occupancy is not required for an ADU located on a property with a principal 388 use as a duplex, multi-family dwelling, or non-residential land use. A single-family 389 dwelling with an attached ADU does not constitute a duplex. 390 b. The owner has a bona fide, temporary absence of three (3) years or less for activities 391 such as military service, temporary job assignments, sabbaticals, or voluntary service 392 (indefinite periods of absence from the dwelling shall not qualify for this exception); 393 or394 c. The owner is placed in a hospital, nursing home, assisted living facility or other 395 similar facility that provides regular medical care, excluding retirement living facilities 396 or communities. 397 D. Number of Allowed ADUs: A single ADU is allowed on a property where permitted in 398 Chapter 21A.33 of this title. 399 400 E. Location on property. An ADU is allowed in the following locations on a property as 401 indicated below: 402 403 1. Internal ADUs shall be located within the buildable area of the property.404 2. A detached ADU shall be allowed as indicated in the table below: 405 406 407 408 22 LEGISLATIVE DRAFT Front yard Not permitted Corner Side yard Permitted if the ADU complies with the required setbacks in the table below and is no closer to the corner side property line than the principal structure. Interior Side yard Permitted if the ADU complies with the required setbacks in the table below and is located behind the rear façade of the principal building. Rear yard Permitted if the ADU complies with the required setbacks in the table below. Buildable area Permitted Notes 1. The use of the term yard in this section shall be interpreted to mean a required yard as indicated in the underlying zoning district. 409 3. A detached ADU shall be placed at a minimum distance from property lines as indicated 410 below: 411 Rear property line 3’ Side property line 3’ Corner Side property line 10’ Notes: 1. Additions to an existing accessory building shall comply with the setbacks in this table. This includes additions that add a second story. 2. An existing accessory building that is being converted to an ADU may maintain the existing setbacks of the accessory building. If a conversion includes an expansion (including adding a second story) the expansion shall comply with all applicable setback requirements in this table and in Subsection 21A.40.200.F. 412 413 F. ADU Building Height: 414 415 1. The maximum building height for a detached ADU is 17 feet, subject to the following 416 exceptions: 417 418 a. Height may be increased up to 24 feet for a pitched roof or 20 feet for a flat roof 419 provided the side and rear yard setbacks are increased one foot for each additional foot 420 in building height above 17 feet. The setback does not need to be increased above the 421 minimum indicated in Section E on the side of an ADU that abuts an alley or on the 422 side of an ADU that abuts a property that is in a zoning district other than those listed 423 in Chapter 21A.24 of this title. 424 b. Converting a legally existing accessory building is permitted when the existing 425 accessory building exceeds the permitted height of this section. 426 c. When an ADU is located fully within the buildable area of the property, the height of 427 the ADU is allowed up to the permitted height of the principal building in the 428 underlying zoning district. 429 23 LEGISLATIVE DRAFT d. Solar panels attached to the roof of an ADU are permitted to exceed the maximum 430 height of the structure up to four feet. 431 432 2. Building height for a detached ADU shall be measured in the same manner as the height 433 for the principal building.434 3. An internal ADU is subject to the same height requirements as the principal building.435 G. ADU Parking:436 437 1. The number of parking stalls provided for the principal use shall not be reduced below the 438 minimum identified in Chapter 21A.44 of this Title in order to accommodate an ADU. 439 One parking stall is required for the ADU, except as indicated below: 440 441 a. The property is in a zoning district with no minimum off street parking requirement; 442 b. The property already contains at least one accessible stall above the minimum parking 443 requirement for the principal use;444 c. The property is within a ¼ mile radius of a public transit stop; 445 d. The property is within ½ mile of a city-designated bicycle lane or path; or 446 e. The City allows on-street parking along the street frontage of the property and there is 447 a minimum, uninterrupted curb length which meets city requirements to accommodate 448 at least one on-street parking stall. 449 H. Regulation of Decks, Patios, and Outdoor Space for Detached ADUs: 450 451 1. Decks more than 2 feet above the existing grade are prohibited unless the ADU is located 452 within the buildable area of the lot in which case the deck shall be subject to the same 453 regulations for decks that apply to the principal building. 454 2. Rooftop patios on a detached ADU are prohibited. 455 3. Patios are permitted. A patio may be covered with a roof provided the square footage of 456 the roof is no larger than 120 square feet and the covered patio complies with the setbacks 457 required of the ADU. A covered patio shall not count towards the maximum square 458 footage requirement of the ADU, but does count towards the total building coverage of the 459 lot. 460 4. Balconies on ADUs: a balcony is permitted on a building containing an ADU provided 461 the balcony does not extend into a required ADU setback and extends no further than 5 462 feet from an exterior wall of the ADU. Balconies shall not contain HVAC equipment nor 463 be used as storage areas. 464 5. Internal ADUs shall be subject to the same standards for decks, patios, and other 465 encroachments that apply to the principal building and use. 466 I. ADUs located along a public alley. A detached ADU that is located within 15 feet of a 467 public alley shall include the following: 468 469 1. An exterior light shall be located on the exterior wall of the ADU to illuminate portions of 470 the alley adjacent to the ADU. The lighting fixture shall be shielded, oriented and 471 24 LEGISLATIVE DRAFT designed to direct light down and avoid light pollution onto adjacent properties. All 472 uplighting is prohibited.473 2. A 4’ wide path from the alley to the entrance of the ADU shall be provided. If there is a 474 fence between the ADU and the alley, a gate shall be provided, and the path shall lead to 475 the gate. If the ADU is located within 15 feet of two or more public alleys, this 476 requirement shall only apply to one of the alleys.477 3. An ADU located on an alley that exists on the recorded plat maps or Atlas Plats of the city 478 but has not been used for vehicular access or is otherwise blocked by encroachments such 479 as fences or vegetation are exempt from this requirement. 480 481 J. ADU Gross Floor Area: 482 483 1. Detached ADU. None may exceed 1,000 square feet in gross floor area, except that a 484 maximum of 1,200 square feet in gross floor area shall be allowed when the subject 485 property:486 487 a. Is in a zoning district other than those listed in Chapter 21A.24 of this title; 488 b. Exceeds 12,000 square feet in lot area; or489 c. Is part of a planned development that includes a minimum of four dwelling units. 490 491 2. Internal ADU. There is no maximum gross floor area provided the building complies with 492 all applicable standards in the underlying zoning district. 493 3. Gross floor area for a detached ADU shall be calculated as follows: 494 495 a. When the building includes other allowed accessory uses, only the square footage 496 dedicated to the ADU shall be counted. 497 b. When the ADU is on a second level, stairs and required landings providing access to 498 the ADU shall not be counted. 499 c. Loft space with a ceiling height lower than 7 feet within an ADU shall not be counted 500 towards the total square footage of the ADU. 501 d. Basements shall not count towards the maximum gross floor area of the ADU, so long 502 as:503 504 i. The basement is only used for storage or a use permitted by section 21A.40.040.E 505 of this chapter; and 506 ii. There is no internal circulation between the ADU and the basement. 507 K. Second Story Windows. Windows on the second story of a detached ADU are prohibited 508 on an exterior wall that is adjacent to a side or rear property line unless: 509 510 1. The window is a clerestory window where the bottom of the window is at least 6 feet 511 above the finished floor of the second story;512 2. The window is on a wall that faces an elevation of the principal building;513 3. The window faces and is at least 10 feet from a side or rear property line; 514 25 LEGISLATIVE DRAFT 4. The exterior wall is adjacent to an alley; or 515 5. The window faces a side or rear property line that is adjacent to a property in a zoning 516 district that permits commercial uses or a property that contains a nonresidential use. 517 L. Maximum Building Coverage. Accessory dwelling units are subject to the maximum 518 building and yard coverage requirements of the applicable zoning and overlay districts. 519 520 M. Building Permit Required. A building permit is required to establish any ADU in the 521 city. All ADUs are required to comply with all adopted applicable codes including but 522 not limited to building, fire, and public utilities. 523 524 N. Administrative Regulations: the following administrative regulations are intended to 525 provide direction on applying and interpreting the regulations of this chapter. 526 527 1. There is no minimum lot size required for an ADU.528 2. An ADU does not count towards the density allowed in the underlying zoning district.529 3. ADUs that have been approved prior to (date of adoption), as part of a conditional use are 530 considered legal conforming uses and may be modified if the modification complies with 531 the requirements of this section and any other applicable standard of this title. 532 O. Zoning Certificate and Good Landlord Program: 533 534 1. A certificate of occupancy for the ADU shall not be issued until a zoning certificate is 535 issued. A zoning certificate may be issued at the same time as the certificate of occupancy. 536 If a certificate of occupancy is not required, the zoning certificate shall be issued prior to 537 the ADU being occupied.538 2. If a business license is required for the rental of the ADU, the owner shall be enrolled in 539 the landlord/tenant initiative program as defined in Title 5, “Business Taxes, Licenses And 540 Regulations”, of this code prior to issuing a zoning certificate. 541 P. Restrictive Covenant: An ADU that is required to be owner occupied shall have a 542 restrictive covenant filed against the property on which the ADU is located, which 543 restrictive covenant shall include the following information: 544 545 1. A description of the primary dwelling and the ADU, including whether the ADU is within 546 the principal structure or a detached structure, the square footage of both the primary 547 dwelling and the ADU, and how off-street parking is allocated between the primary 548 dwelling and the ADU.549 2. A statement that the ADU may only be used and occupied in accordance with the 550 applicable regulations adopted in the Salt Lake City Code. 551 3. The restrictive covenant shall be recorded with the Salt Lake County Recorder’s Office 552 against the subject property. A copy of the recorded covenant shall be provided to the 553 planning division and attached to the building permit record prior to final inspection of the 554 ADU. If no final inspection is required, the copy of the recorded covenant shall be 555 provided prior to occupying the ADU. 556 26 LEGISLATIVE DRAFT Q. Use Regulations: 557 558 1. An ADU shall not be rented as a short term rental as defined in Section 21.A.62.040. 559 2. An ADU may include any home occupation authorized by this title. 560 3. An ADU may be converted to any other accessory use that is allowed in the zoning 561 district.562 4. An ADU cannot be converted to another principal use.563 564 SECTION 9. Amending the Text of Salt Lake City Code Section 21A.60.020. That Section 565 21A.60.020 of the Salt Lake City Code (Zoning: List of Terms: List of Defined Terms) shall be and 566 hereby is amended to add the following terms in the list of defined terms to be inserted into that list in 567 alphabetical order: 568 Atlas, 5-acre, and 10-acre plats. 569 Balcony. 570 Bike lane. 571 Bike path. 572 Deck. 573 Dwelling, accessory unit (internal). 574 Footprint. 575 Non-residential use. 576 Porch. 577 Rooftop patio. 578 Short term rental. 579 Transit route. 580 Uplighting. 581 582 SECTION 10. Amending the Text of Salt Lake City Code Section 21A.62.040. That Section 583 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms), shall be and 584 hereby is amended as follows: 585 a. Amending the definition of “DWELLING, ACCESSORY UNIT (ADU).” That the 586 definition of “DWELLING, ACCESSORY UNIT (ADU)” shall be amended to read 587 as follows: 588 27 LEGISLATIVE DRAFT DWELLING, ACCESSORY UNIT (ADU): A type of accessory use that includes a 589 residential unit that is located on the same lot as a single- family attached or detached 590 dwelling unit, either internal to or attached to the single-family unit or in a detached 591 structure. The accessory dwelling unit shall be a complete housekeeping unit with a 592 shared or separate entrance, and separate kitchen, sleeping area, closet space, and 593 bathroom facilities.594 A type of accessory use that includes a residential unit located on the same lot as a 595 separate principal use, either within the principal structure or within a separate accessory 596 structure. The accessory dwelling unit shall be a complete housekeeping unit with a 597 shared or separate entrance, and separate kitchen, sleeping area, closet space, and 598 bathroom facilities.599 600 601 b. Amending the definition of “BUILDING COVERAGE.” That the definition of 602 “BUILDING COVERAGE” shall be amended to read as follows: 603 BUILDING COVERAGE: That percentage of the lot covered by principal or accessory 604 buildings, including cantilevered portions of the building. 605 606 c. Adding the definition of “ATLAS, 5-ACRE, AND 10-ACRE PLATS.” That the 607 definition of “ATLAS, 5-ACRE, AND 10-ACRE PLATS” be added and inserted into 608 the list of definitions in alphabetical order to read as follows: 609 ATLAS, 5-ACRE, AND 10-ACRE PLATS: a map depicting the subdivisions of land 610 within the City. These plats are a scheme of how the City was originally laid out. The 611 City started with plats A through L, Salt Lake City Survey. As the City expanded its 612 boundaries, 5 acre and 10 acre Big Field Survey Plats were added and then the numbered 613 plats 1 through 76. They show information about streets, public right of ways and, some 614 private right of ways. 615 616 617 d. Adding the definition of “BALCONY.” That the definition of “BALCONY” be added 618 and inserted into the list of definitions in alphabetical order to read as follows: 619 BALCONY: An elevated floor space projecting beyond the exterior walls of a building 620 that is not supported on the ground by posts, columns, or similar supporting structural 621 elements. A balcony shall not be used as a means for entry into a building. 622 623 624 28 LEGISLATIVE DRAFT e. Adding the definition of “BIKE LANE.” That the definition of “BIKE LANE” be 625 added and inserted into the list of definitions in alphabetical order to read as follows: 626 BIKE LANE: a division of a road for use by cyclists marked off with painted lines or 627 other means.628 629 630 f. Adding the definition of “BIKE PATH.” That the definition of “BIKE PATH” be 631 added and inserted into the list of definitions in alphabetical order to read as follows: 632 BIKE PATH: a path or road for bicycles and not motor vehicles. May include paths that 633 also allow pedestrian or equestrian access.634 635 636 g. Adding the definition of “DECK.” That the definition of “DECK” be added and 637 inserted into the list of definitions in alphabetical order to read as follows: 638 DECK: A platform sitting above finished grade and supported on the ground. 639 640 641 h. Adding the definition of “DWELLING, ACCESSORY UNIT (DETACHED).” That 642 the definition of “DWELLING, ACCESSORY UNIT (DETACHED)” be added and 643 inserted into the list of definitions in alphabetical order to read as follows: 644 DWELLING, ACCESSORY UNIT (DETACHED): An accessory dwelling unit located 645 wholly within a structure that is accessory to the principal use and buildings on a lot or 646 parcel.647 648 649 i. Adding the definition of “DWELLING, ACCESSORY UNIT (INTERNAL).” That 650 the definition of “DWELLING, ACCESSORY UNIT (INTERNAL)” be added and 651 inserted into the list of definitions in alphabetical order to read as follows: 652 DWELLING, ACCESSORY UNIT (INTERNAL):653 An accessory dwelling unit created: 654 1. within a primary dwelling; 655 2. within the footprint of a primary dwelling at the time the internal accessory dwelling 656 unit is created; and 657 3. for the purpose of offering a long-term rental of 30 consecutive days or longer. 658 29 LEGISLATIVE DRAFT 659 j. Adding the definition of “FOOTPRINT.” That the definition of “FOOTPRINT” be 660 added and inserted into the list of definitions in alphabetical order to read as follows: 661 FOOTPRINT: The measurement of lot area covered by a building, including cantilevered 662 portions of the building. 663 664 665 k. Adding the definition of “NON-RESIDENTIAL USE.” That the definition of “NON-666 RESIDENTIAL USE” be added and inserted into the list of definitions in alphabetical 667 order to read as follows: 668 NON-RESIDENTIAL USE: lands, buildings or structures or portions thereof used or 669 designed or intended for uses other than a residential use, including, but not limited to, 670 commercial, industrial and institutional uses.671 672 673 l. Adding the definition of “PORCH.” That the definition of “PORCH” be added and 674 inserted into the list of definitions in alphabetical order to read as follows: 675 PORCH: An unenclosed structure attached to a building, covered by a separate roof, and 676 providing access to an entrance to a building. Similar structures providing access to an 677 entrance other than the primary entrance shall be considered a covered deck when located 678 on a platform that is more than two feet (2’) above finished grade. 679 680 681 m. Adding the definition of “ROOFTOP PATIO.” That the definition of “ROOFTOP 682 PATIO” be added and inserted into the list of definitions in alphabetical order to read 683 as follows: 684 ROOFTOP PATIO: A portion of a flat roof that is dedicated to occupiable space, or a 685 deck sitting atop a roof. 686 687 688 n. Adding the definition of “SHORT TERM RENTAL.” That the definition of “SHORT 689 TERM RENTAL” be added and inserted into the list of definitions in alphabetical 690 order to read as follows: 691 30 LEGISLATIVE DRAFT SHORT TERM RENTAL: The use of a dwelling unit or units that are offered for rent or 692 lease for a period less than 30 days. 693 694 695 o. Adding the definition of “TRANSIT ROUTE.” That the definition of “TRANSIT 696 ROUTE” be added and inserted into the list of definitions in alphabetical order to 697 read as follows: 698 TRANSIT ROUTE: a route over which a public transit vehicle travels and that is 699 specifically labeled or numbered for the purpose of picking up and dropping off 700 passengers at regularly scheduled stops and intervals. 701 702 703 p. Adding the definition of “UPLIGHTING.” That the definition of “UPLIGHTING” be 704 added and inserted into the list of definitions in alphabetical order to read as follows: 705 UPLIGHTING: Lights that have been designed to throw illumination upward. 706 707 SECTION 11. Effective Date. This Ordinance shall become effective on the date of its first 708 publication. 709 710 Passed by the City Council of Salt Lake City, Utah this _______ day of 711 ______________, 202_. 712 ______________________________ 713 CHAIRPERSON714 715 ATTEST:716 717 ______________________________ 718 CITY RECORDER719 720 721 Transmitted to Mayor on _______________________. 722 723 724 Mayor’s Action: _______Approved. _______Vetoed. 725 726 31 LEGISLATIVE DRAFT 727 ______________________________ 728 MAYOR729 730 ______________________________ 731 CITY RECORDER 732 733 (SEAL) 734 735 Bill No. ________ of 202_. 736 Published: ______________. 737 738 739 Ordinance amending ADU regulations740 741 32 SALT LAKE CITY ORDINANCE No. _____ of 202_ (An ordinance amending various sections of the Title 21A of the Salt Lake City Code pertaining to accessory dwelling unit regulations) An ordinance amending various sections of Title 21A of the Salt Lake City Code pursuant to Petition No. PLNPCM2022-00475 pertaining to accessory dwelling unit regulations. WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a public hearing on September 14, 2022 to consider a petition submitted by the Planning Commission (Petition No. PLNPCM2022-00475) to amend various sections of Title 21A of the Salt Lake City Code pertaining to accessory dwelling unit regulations; and WHEREAS, at its September 14, 2022 meeting, the Planning Commission voted in favor of transmitting a positive recommendation to the Salt Lake City Council (“City Council”) on said petition; 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 the Text of Salt Lake City Code Section 21A.33.020. That Section 21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Residential Districts) shall be and hereby is amended to modify only the use category “Dwelling, accessory unit” in the Table of Permitted and Conditional Uses for Residential Districts, which use category shall read and appear in that table as follows: 33 Us e Pe r m i t t e d and C o n d i t i o n a l U s e s by D i s t r i c t FR - 1 / 43 , 5 6 0 FR - 2/ 21 , 7 8 0 FR - 3/ 12 , 0 0 0 R- 1 / 12 , 0 0 0 R- 1 / 7, 0 0 0 R- 1 / 5, 0 0 0 SR - 1 SR - 2 SR - 3 R- 2 RM F - 3 0 MF - 3 5 RM F - 4 5 RM F - 7 5 RB R- M U - 3 5 R- M U - 4 5 R- M U RO Dw e l l i n g , ac c e s s o r y un i t P P P P P P P P P P P P P P P P P P 34 SECTION 2. Amending the Text of Salt Lake City Code Section 21A.33.030. That Section 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Commercial Districts) shall be and hereby is amended only to add a new use subcategory titled, “Accessory unit” in the Dwelling category in the Table of Permitted and Conditional Uses for Commercial Districts, which use category shall be inserted into that table in alphabetical order and shall read and appear in that table as follows: Use Permitted and Conditional Uses by District CN CB CS1 CC CSHBD1 CG SNB Dwelling: Accessory unit P P P P P P P SECTION 3. Amending the Text of Salt Lake City Code Section 21A.33.035. That Section 21A.33.035 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Transit Station Area Districts) shall be and hereby is amended only to add a new use subcategory titled, “Accessory unit” in the Dwelling category in the Table of Permitted and Conditional Uses for Transit Station Area Districts, which use category shall be inserted into that table in alphabetical order and shall read and appear in that table as follows: Use Permitted and Conditional Uses by District TSA-UC TSA-UN TSA-MUEC TSA-SP Core Transition Core Transition Core Transition Core Transition Dwelling: Accessory unit P P P P P P P P SECTION 4. Amending the Text of Salt Lake City Code Section 21A.33.050. That Section 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Downtown Districts) shall be and hereby is amended only to add a new use 35 subcategory titled, “Accessory unit” in the Dwelling category in the Table of Permitted and Conditional Uses for Downtown Districts, which use category shall be inserted into that table in alphabetical order and shall read and appear in that table as follows: Use Permitted and Conditional Uses by District D-1 D-2 D-3 D-4 Dwelling: Accessory unit P P P P SECTION 5. Amending the Text of Salt Lake City Code Section 21A.33.060. That Section 21A.33.060 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses in the Gateway District) shall be and hereby is amended only to add a new use subcategory titled, “Accessory unit” in the Dwelling category in the Table of Permitted and Conditional Uses for Downtown Districts, which use category shall be inserted into that table in alphabetical order and shall read and appear in that table as follows: Use G-MU Dwelling: Accessory unit P SECTION 6. Amending the Text of Salt Lake City Code Section 21A.33.070. That Section 21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Special Purpose Districts) shall be and hereby is amended only to add a new use subcategory titled, “Accessory unit” in the Dwelling category in the Table of Permitted and Conditional Uses for Special Purpose Districts, which use category shall be inserted into that table in alphabetical order and shall read and appear in that table as follows: 36 Use Permitted Uses By District FB- UN1 FB-UN2 FB-SC FB-SE Dwelling: Accessory unit P P P P SECTION 7. Amending the Text of Salt Lake City Code Subsection 21A.40.050.B.2. That Subsection 21A.40.050.B.2 of the Salt Lake City Code (Zoning: Accessory Uses, Buildings and Structures: General Yard, Bulk and Height Limitations) shall be and hereby is amended to read as follows: 2. Building Coverage: a. In the FR, R-1, R-2 and SR residential districts the maximum footprint of any accessory building, shall not exceed fifty percent (50%) of the building footprint of the principal structure except as follows: (1) Notwithstanding the size of the footprint of the principal building, at least 480 square feet of accessory building coverage shall be allowed subject to the compliance with all other requirements in Section 21A.40.050. (2) Accessory buildings constructed within the buildable area that are located between the rear façade of the principal building and the rear yard setback may exceed 720 square feet provided the building is located entirely within the buildable area and the property complies with the maximum building coverage requirements of the underlying zoning district. (3) The building coverage for a detached accessory dwelling unit shall be subject to the standards in 21A.40.200, regardless of the building coverage requirement in this section. (4) An accessory building that contains an accessory dwelling unit on the second level may exceed the maximum coverage up to the footprint of the accessory dwelling unit. b. The combined coverage for all hoop houses, greenhouses, and cold frames shall not exceed thirty five percent (35%) of the building footprint of the principal structure. SECTION 8. Amending the Text of Salt Lake City Code Section 21A.40.200. That Section 21A.40.200 of the Salt Lake City Code (Zoning: Accessory Uses, Buildings and Structures: Accessory Dwelling Units) shall be and hereby is amended to read as follows: 37 21A.40.200: ACCESSORY DWELLING UNITS: A. Purpose: the regulatory purpose of this section is to promote an increase in the housing stock within the city and promote housing choices by allowing and regulating accessory dwelling units (ADUs). B. Conflicting Regulations. If a regulation found in this section is in conflict with an applicable regulation in the base zoning district, overlay district, or provision of general applicability, the regulation in this chapter shall take precedence, with the following exceptions: 1. The regulations set forth in the H Historic Preservation Overlay District; and 2. The Special Foothills Regulations set forth in Subsection 21A.24.010.P of this title. C. Owner Occupancy Required. The owner of the property, as defined in this section, shall reside on the property. 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 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. 4. Exceptions: a. Owner occupancy is not required for an ADU located on a property with a principal use as a duplex, multi-family dwelling, or non-residential land use. A single-family dwelling with an attached ADU does not constitute a duplex. b. 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 c. 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. D. Number of Allowed ADUs: A single ADU is allowed on a property where permitted in Chapter 21A.33 of this title. E. Location on property. An ADU is allowed in the following locations on a property as indicated below: 1. Internal ADUs shall be located within the buildable area of the property. 2. A detached ADU shall be allowed as indicated in the table below: 38 Front yard Not permitted Corner Side yard Permitted if the ADU complies with the required setbacks in the table below and is no closer to the corner side property line than the principal structure. Interior Side yard Permitted if the ADU complies with the required setbacks in the table below and is located behind the rear façade of the principal building. Rear yard Permitted if the ADU complies with the required setbacks in the table below. Buildable area Permitted Notes 1. The use of the term yard in this section shall be interpreted to mean a required yard as indicated in the underlying zoning district. 3. A detached ADU shall be placed at a minimum distance from property lines as indicated below: Rear property line 3’ Side property line 3’ Corner Side property line 10’ Notes: 1. Additions to an existing accessory building shall comply with the setbacks in this table. This includes additions that add a second story. 2. An existing accessory building that is being converted to an ADU may maintain the existing setbacks of the accessory building. If a conversion includes an expansion (including adding a second story) the expansion shall comply with all applicable setback requirements in this table and in Subsection 21A.40.200.F. F. ADU Building Height: 1. The maximum building height for a detached ADU is 17 feet, subject to the following exceptions: a. Height may be increased up to 24 feet for a pitched roof or 20 feet for a flat roof provided the side and rear yard setbacks are increased one foot for each additional foot in building height above 17 feet. The setback does not need to be increased above the minimum indicated in Section E on the side of an ADU that abuts an alley or on the side of an ADU that abuts a property that is in a zoning district other than those listed in Chapter 21A.24 of this title. b. Converting a legally existing accessory building is permitted when the existing accessory building exceeds the permitted height of this section. 39 c. When an ADU is located fully within the buildable area of the property, the height of the ADU is allowed up to the permitted height of the principal building in the underlying zoning district. d. Solar panels attached to the roof of an ADU are permitted to exceed the maximum height of the structure up to four feet. 2. Building height for a detached ADU shall be measured in the same manner as the height for the principal building. 3. An internal ADU is subject to the same height requirements as the principal building. G. ADU Parking: 1. The number of parking stalls provided for the principal use shall not be reduced below the minimum identified in Chapter 21A.44 of this Title in order to accommodate an ADU. One parking stall is required for the ADU, except as indicated below: a. The property is in a zoning district with no minimum off street parking requirement; b. The property already contains at least one accessible stall above the minimum parking requirement for the principal use; c. The property is within a ¼ mile radius of a public transit stop; d. The property is within ½ mile of a city-designated bicycle lane or path; or e. The City allows on-street parking along the street frontage of the property and there is a minimum, uninterrupted curb length which meets city requirements to accommodate at least one on-street parking stall. H. Regulation of Decks, Patios, and Outdoor Space for Detached ADUs: 1. Decks more than 2 feet above the existing grade are prohibited unless the ADU is located within the buildable area of the lot in which case the deck shall be subject to the same regulations for decks that apply to the principal building. 2. Rooftop patios on a detached ADU are prohibited. 3. Patios are permitted. A patio may be covered with a roof provided the square footage of the roof is no larger than 120 square feet and the covered patio complies with the setbacks required of the ADU. A covered patio shall not count towards the maximum square footage requirement of the ADU, but does count towards the total building coverage of the lot. 4. Balconies on ADUs: a balcony is permitted on a building containing an ADU provided the balcony does not extend into a required ADU setback and extends no further than 5 feet from an exterior wall of the ADU. Balconies shall not contain HVAC equipment nor be used as storage areas. 5. Internal ADUs shall be subject to the same standards for decks, patios, and other encroachments that apply to the principal building and use. I. ADUs located along a public alley. A detached ADU that is located within 15 feet of a public alley shall include the following: 40 1. An exterior light shall be located on the exterior wall of the ADU to illuminate portions of the alley adjacent to the ADU. The lighting fixture shall be shielded, oriented and designed to direct light down and avoid light pollution onto adjacent properties. All uplighting is prohibited. 2. A 4’ wide path from the alley to the entrance of the ADU shall be provided. If there is a fence between the ADU and the alley, a gate shall be provided, and the path shall lead to the gate. If the ADU is located within 15 feet of two or more public alleys, this requirement shall only apply to one of the alleys. 3. An ADU located on an alley that exists on the recorded plat maps or Atlas Plats of the city but has not been used for vehicular access or is otherwise blocked by encroachments such as fences or vegetation are exempt from this requirement. J. ADU Gross Floor Area: 1. Detached ADU. None may exceed 1,000 square feet in gross floor area, except that a maximum of 1,200 square feet in gross floor area shall be allowed when the subject property: a. Is in a zoning district other than those listed in Chapter 21A.24 of this title; b. Exceeds 12,000 square feet in lot area; or c. Is part of a planned development that includes a minimum of four dwelling units. 2. Internal ADU. There is no maximum gross floor area provided the building complies with all applicable standards in the underlying zoning district. 3. Gross floor area for a detached ADU shall be calculated as follows: a. When the building includes other allowed accessory uses, only the square footage dedicated to the ADU shall be counted. b. When the ADU is on a second level, stairs and required landings providing access to the ADU shall not be counted. c. Loft space with a ceiling height lower than 7 feet within an ADU shall not be counted towards the total square footage of the ADU. d. Basements shall not count towards the maximum gross floor area of the ADU, so long as: i. The basement is only used for storage or a use permitted by section 21A.40.040.E of this chapter; and ii. There is no internal circulation between the ADU and the basement. K. Second Story Windows. Windows on the second story of a detached ADU are prohibited on an exterior wall that is adjacent to a side or rear property line unless: 41 1. The window is a clerestory window where the bottom of the window is at least 6 feet above the finished floor of the second story; 2. The window is on a wall that faces an elevation of the principal building; 3. The window faces and is at least 10 feet from a side or rear property line; 4. The exterior wall is adjacent to an alley; or 5. The window faces a side or rear property line that is adjacent to a property in a zoning district that permits commercial uses or a property that contains a nonresidential use. L. Maximum Building Coverage. Accessory dwelling units are subject to the maximum building and yard coverage requirements of the applicable zoning and overlay districts. M. Building Permit Required. A building permit is required to establish any ADU in the city. All ADUs are required to comply with all adopted applicable codes including but not limited to building, fire, and public utilities. N. Administrative Regulations: the following administrative regulations are intended to provide direction on applying and interpreting the regulations of this chapter. 1. There is no minimum lot size required for an ADU. 2. An ADU does not count towards the density allowed in the underlying zoning district. 3. ADUs that have been approved prior to (date of adoption), as part of a conditional use are considered legal conforming uses and may be modified if the modification complies with the requirements of this section and any other applicable standard of this title. O. Zoning Certificate and Good Landlord Program: 1. 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. If a business license is required for the rental of the ADU, the owner shall be enrolled in the landlord/tenant initiative program as defined in Title 5, “Business Taxes, Licenses And Regulations”, of this code prior to issuing a zoning certificate. P. Restrictive Covenant: An ADU that is required to be owner occupied shall have a restrictive covenant filed against the property on which the ADU is located, which restrictive covenant shall include the following information: 1. A description of the primary dwelling and the ADU, including whether the ADU is within the principal structure or a detached structure, the square footage of both the primary dwelling and the ADU, and how off-street parking is allocated between the primary dwelling and the ADU. 2. A statement that the ADU may only be used and occupied in accordance with the applicable regulations adopted in the Salt Lake City Code. 42 3. The restrictive covenant shall be recorded with the Salt Lake County Recorder’s Office against the subject property. A copy of the recorded covenant shall be provided to the planning division and attached to the building permit record prior to final inspection of the ADU. If no final inspection is required, the copy of the recorded covenant shall be provided prior to occupying the ADU. Q. Use Regulations: 1. An ADU shall not be rented as a short term rental as defined in Section 21.A.62.040. 2. An ADU may include any home occupation authorized by this title. 3. An ADU may be converted to any other accessory use that is allowed in the zoning district. 4. An ADU cannot be converted to another principal use. SECTION 9. Amending the Text of Salt Lake City Code Section 21A.60.020. That Section 21A.60.020 of the Salt Lake City Code (Zoning: List of Terms: List of Defined Terms) shall be and hereby is amended to add the following terms in the list of defined terms to be inserted into that list in alphabetical order: Atlas, 5-acre, and 10-acre plats. Balcony. Bike lane. Bike path. Deck. Dwelling, accessory unit (internal). Footprint. Non-residential use. Porch. Rooftop patio. Short term rental. Transit route. Uplighting. SECTION 10. Amending the 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 as follows: 43 a. Amending the definition of “DWELLING, ACCESSORY UNIT (ADU).” That the definition of “DWELLING, ACCESSORY UNIT (ADU)” shall be amended to read as follows: DWELLING, ACCESSORY UNIT (ADU): A type of accessory use that includes a residential unit located on the same lot as a separate principal use, either within the principal structure or within a separate accessory 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. b. Amending the definition of “BUILDING COVERAGE.” That the definition of “BUILDING COVERAGE” shall be amended to read as follows: BUILDING COVERAGE: That percentage of the lot covered by principal or accessory buildings, including cantilevered portions of the building. c. Adding the definition of “ATLAS, 5-ACRE, AND 10-ACRE PLATS.” That the definition of “ATLAS, 5-ACRE, AND 10-ACRE PLATS” be added and inserted into the list of definitions in alphabetical order to read as follows: ATLAS, 5-ACRE, AND 10-ACRE PLATS: a map depicting the subdivisions of land within the City. These plats are a scheme of how the City was originally laid out. The City started with plats A through L, Salt Lake City Survey. As the City expanded its boundaries, 5 acre and 10 acre Big Field Survey Plats were added and then the numbered plats 1 through 76. They show information about streets, public right of ways and, some private right of ways. d. Adding the definition of “BALCONY.” That the definition of “BALCONY” be added and inserted into the list of definitions in alphabetical order to read as follows: BALCONY: An elevated floor space projecting beyond the exterior walls of a building that is not supported on the ground by posts, columns, or similar supporting structural elements. A balcony shall not be used as a means for entry into a building. 44 e. Adding the definition of “BIKE LANE.” That the definition of “BIKE LANE” be added and inserted into the list of definitions in alphabetical order to read as follows: BIKE LANE: a division of a road for use by cyclists marked off with painted lines or other means. f. Adding the definition of “BIKE PATH.” That the definition of “BIKE PATH” be added and inserted into the list of definitions in alphabetical order to read as follows: BIKE PATH: a path or road for bicycles and not motor vehicles. May include paths that also allow pedestrian or equestrian access. g. Adding the definition of “DECK.” That the definition of “DECK” be added and inserted into the list of definitions in alphabetical order to read as follows: DECK: A platform sitting above finished grade and supported on the ground. h. Adding the definition of “DWELLING, ACCESSORY UNIT (DETACHED).” That the definition of “DWELLING, ACCESSORY UNIT (DETACHED)” be added and inserted into the list of definitions in alphabetical order to read as follows: DWELLING, ACCESSORY UNIT (DETACHED): An accessory dwelling unit located wholly within a structure that is accessory to the principal use and buildings on a lot or parcel. i. Adding the definition of “DWELLING, ACCESSORY UNIT (INTERNAL).” That the definition of “DWELLING, ACCESSORY UNIT (INTERNAL)” be added and inserted into the list of definitions in alphabetical order to read as follows: DWELLING, ACCESSORY UNIT (INTERNAL): An accessory dwelling unit created: 1. within a primary dwelling; 2. within the footprint of a primary dwelling at the time the internal accessory dwelling unit is created; and 3. for the purpose of offering a long-term rental of 30 consecutive days or longer. 45 j. Adding the definition of “FOOTPRINT.” That the definition of “FOOTPRINT” be added and inserted into the list of definitions in alphabetical order to read as follows: FOOTPRINT: The measurement of lot area covered by a building, including cantilevered portions of the building. k. Adding the definition of “NON-RESIDENTIAL USE.” That the definition of “NON- RESIDENTIAL USE” be added and inserted into the list of definitions in alphabetical order to read as follows: NON-RESIDENTIAL USE: lands, buildings or structures or portions thereof used or designed or intended for uses other than a residential use, including, but not limited to, commercial, industrial and institutional uses. l. Adding the definition of “PORCH.” That the definition of “PORCH” be added and inserted into the list of definitions in alphabetical order to read as follows: PORCH: An unenclosed structure attached to a building, covered by a separate roof, and providing access to an entrance to a building. Similar structures providing access to an entrance other than the primary entrance shall be considered a covered deck when located on a platform that is more than two feet (2’) above finished grade. m. Adding the definition of “ROOFTOP PATIO.” That the definition of “ROOFTOP PATIO” be added and inserted into the list of definitions in alphabetical order to read as follows: ROOFTOP PATIO: A portion of a flat roof that is dedicated to occupiable space, or a deck sitting atop a roof. n. Adding the definition of “SHORT TERM RENTAL.” That the definition of “SHORT TERM RENTAL” be added and inserted into the list of definitions in alphabetical order to read as follows: 46 SHORT TERM RENTAL: The use of a dwelling unit or units that are offered for rent or lease for a period less than 30 days. o. Adding the definition of “TRANSIT ROUTE.” That the definition of “TRANSIT ROUTE” be added and inserted into the list of definitions in alphabetical order to read as follows: TRANSIT ROUTE: a route over which a public transit vehicle travels and that is specifically labeled or numbered for the purpose of picking up and dropping off passengers at regularly scheduled stops and intervals. p. Adding the definition of “UPLIGHTING.” That the definition of “UPLIGHTING” be added and inserted into the list of definitions in alphabetical order to read as follows: UPLIGHTING: Lights that have been designed to throw illumination upward. SECTION 11. 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 _______ day of ______________, 202_. ______________________________ CHAIRPERSON ATTEST: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor’s Action: _______Approved. _______Vetoed. 47 ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 202_. Published: ______________. Ordinance amending ADU regulations (final) APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:__________________________________ By: ___________________________________ Paul C. Nielson, Senior City Attorney November 18, 2022 * *Subject to the adoption date highlighted in Section 8 being updated before publication. 48 4. MEMORANDUM TO THE PLANNING COMMISSION 49 50 5. PUBLIC COMMENT 51 ERIC VALCHUIS 1587 S 1500 E, Salt Lake City, UT 84105 l l Michael McNamee Salt Lake City Planning 451 South State Street // Room 406 Salt Lake City, UT 84111-5480 michael.mcnamee@slcgov.com RE: Support of the revised Salt Lake City ADU Ordinance Dear Michael, My name is Eric Valchuis and I am writing to support the revised ADU Ordinance which will promote stable homeownership, increase the supply of reliable rental housing, and reduce automobile reliance. To amplify these outcomes, I further encourage the Planning Commission to strike the owner requirement and increase the maximum ADU square footage in the revised ordinance. ADUs are beneficial for cities, homeowners, and renters, an assertion backed up through work I have completed alongside the Terner Center and the Center for Community Innovation (CCI) at UC Berkeley on ADU adoption, zoning, and finance. ADUs are an excellent way of adding density to cities, especially those like Salt Lake City that are dominated by single-family zoning. By increasing density in areas closer to amenities, vehicle miles traveled may be reduced. Many homeowners rent out their ADUs to generate a rental income stream to increase their financial stability. Others rent to family members, caretakers, or friends, increasing quality of life. In building ADUs, homeowners increase the supply of housing which, at the aggregate, can reduce the cost of housing an important task given the findings of the City's recent Thriving in Place study. ADUs are often built in higher wealth areas but more often rented at affordable levels, giving lower-income families the opportunity to live in wealthier areas which has been shown to improve childhood outcomes.1 I applaud Salt Lake for having taken steps, and continuing to take steps, to reform codes to lower the barriers to ADU construction. Permitting ADUs on residential and non-residential properties, as would be allowed in the revised ordinance, is an especially forward-leaning provision. The absence of lot size minimums and lenient parking requirements are also hallmarks of an exemplary ADU code. However, there remain shortcomings in the revised ordinance that limit the potential positive impacts that ADUs can have on the city. Most importantly, the owner occupancy requirement increases renter instability; if a homeowner vacates the property, whether by choice or necessity housing crisis, we know that there are -income households after they are displaced. As a result [displaced] families are likely to either leave the city, double up 2 Further, the owner occupancy requirement will limit the numbers of ADUs built. Per the ADU Scorecard, a study published by CCI, an owner occupancy requirement "hinders financial viability for homeowners who need the rental income, or have constraints that prohibit them from living on-site." Given the negative impacts 1 al: Progress to Date niversity of California, Berkeley, August 2020 http://ternercenter berkeley edu/uploads/Reaching Californias ADU Potential 2020 1 pdf Unit affordability: Jake Wegmann & Karen Chapple (2014) Hidden density in single family neighborhoods: Backyard cottages as an equitable smart growth strategy, Journal of Urbanism: International Research on Placemaking and Urban Sustainability, 7:3, 307-329, DOI: 10 1080/17549175 2013 879453 See table 3 Opportunity for children: https://opportunityinsights org/neighborhoods/ 2 -Displacement Strategy July 2022 https://urban-displacement github io/edr- ut/slc edr report/ 52 ERIC VALCHUIS 1587 S 1500 E, Salt Lake City, UT 84105 l l on tenant stability and the number of potential ADUs that would be built, section C.4. of the revised ordinance should be removed. Secondly, maximum gross floor areas impede the utility of ADUs. The revised ordinance allows for a detached ADU of up to 720 square feet, with limited exceptions. Given typical apartment layouts, 720 square feet can accommodate up to one bedroom. For many homeowners and many properties, this is an appropriate number of bedrooms. For other homeowners and properties, this square footage limitation is unnecessarily burdensome. Many homeowners use their ADU to house their grown children and their families or their aging parents and their caretakers. For these situations, a one-bedroom unit is insufficient. One-bedroom apartments are also not the unit-size most in need in Salt Lake City.3 To allow homeowners to construct apartments with at least two bedrooms, the detached ADU maximum gross floor area (Section K.1.) should be increased from 720 to 1,000 square feet. Salt Lake City is rising to the challenge to meet its housing crisis. Adopting the revised ordinance, with the owner occupancy and maximum square footage provisions removed and revised, respectively, is another bold step that the Commission can take. Best regards, Eric Valchuis 3 Ibid The housing crisis is most severe for families, including married couples with children and single parents with children 53 From: To:Planning Public Comments Subject:(EXTERNAL) ADU Amendment comments for the meeting tonight Date:Wednesday, September 14, 2022 10:36:35 AM I support more ADU’s and making it easier for residents to build them, I agree with most of the requirements but have some concerns about owner occupancy. I understand the issues with enforcement and also the financing issue but other cities have dealt with those issues in positive and creative ways, like working with financial institutions or subsidizing loans, one even allows a 2 year “break” in the requirement. Owner occupancy could be kept now and then re-addressed in a couple of years to allow time to see how it works. If owner occupancy is not approved then there should be resident occupancy rates (2 for a one bedroom and 3 non-related, 4 related for a 2 bedroom ADU). This needs to be enforced with fines for the landlords if they don’t comply. Enforcement of maintenance both inside and outside the dwelling(s) must also be taken more seriously. The decline of properties, including landscaping, and too many residents packed into a rental, is detrimental to the neighborhood and our property values. Owners tend to take care of their properties where landlords and developers/investors are typically only concerned with collecting the rent. My experience is that code enforcement can decide whether or not to enforce code. I know that the cost of hiring enforcement officers may not be in the budget so residents need to step up and report issues in their neighborhood. Education and reminders about how to report issues could be done with regular participation from Code Enforcement in the Community Council meetings (much like we do with Police and Fire). This would allow residents to escalate issues if they don’t see action on a problem they reported. I would like to see a requirement that the design of a detached ADU matches or complements the exterior of the existing home and not allow “raw” shipping containers or cheap materials. Again, this is to keep the culture of the neighborhoods intact and to maintain property values for homeowners. Yvonne Martinez 54 55