Legislative Version Ordinance - 12/12/2022LEGISLATIVE 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
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R
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2
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R
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5
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27
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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
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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
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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
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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
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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
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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
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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
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(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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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