Proposed Ordinance - 4/4/2023
SALT LAKE CITY ORDINANCE
No. _____ of 2023
(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, the City Council intends to revisit the issue of owner occupancy
requirements in three years; 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:
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Use Permitted and Conditional Uses by District
FR-1/ FR-2/ FR-3/ R-1/ R-1/ R-1/ SR-1 SR-2 SR-3 R-2 RMF-30 MF-35 RMF-45 RMF-75 RB R-MU-35 R-MU-45 R-MU RO
43,560 21,780 12,000 12,000 7,000 5,000
Dwelling,
accessory
unit
P P P P P P P P P P P P P P P P P P
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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
Core
TSA-UN TSA-MUEC TSA-SP
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
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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:
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Permitted Uses By District
FB-
UN1
Use 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 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 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:
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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 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:
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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. If the property is less than 50’ in width, the ADU
may be closer to the corner side property line than the principal
structure.
Interior side yard
Rear 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.
Permitted if the ADU complies with the required setbacks in the table
below.
Buildable area
Notes
Permitted
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
Corner side property line
Notes:
3’
20% of the lot width or 10’, whichever is less
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.
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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; or
d. The property is within ½ mile of a city-designated bicycle lane or path.
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:
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
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designed to direct light down and avoid light pollution onto adjacent properties. All
uplighting is prohibited.
2. A 4 foot 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.
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:
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.
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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 April 4, 2023, 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 shall have a restrictive covenant filed against the
property on which the ADU is located, on a form approved by the city attorney, which
restrictive covenant shall include the following provisions:
1. A description of the principal structure and the ADU, including whether the ADU is
within the principal structure or a detached structure, the square footage of both the
principal structure and the ADU, and how off-street parking is allocated between the
principal structure 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 and that the property owner will
permit access necessary to confirm such use and occupancy.
3. A statement that the ADU and principal structure cannot be used for short term rental.
4. A statement that the terms of the restrictive covenant are enforceable by the city or,
pursuant to Utah Code Section 10-9a-802, any adversely affected party, and that in any
such enforcement action the court shall award the prevailing party its attorneys fees.
5. An ADU that is required to be owner occupied shall also include a statement reflective of
this requirement. If such requirement set forth in Subsection 21A.40.200.C is eliminated in
the future, then such restriction set forth in the restrictive covenant shall likewise become
unenforceable.
6. 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
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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:
a. Amending the definition of “DWELLING, ACCESSORY UNIT (ADU).” That the
definition of “DWELLING, ACCESSORY UNIT (ADU)” shall be amended to read
as follows:
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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.
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.
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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 building; and
2. for the purpose of offering a long-term rental of 30 consecutive days or longer.
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.
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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:
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:
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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 ______________, 2023.
______________________________
CHAIRPERSON
ATTEST:
______________________________
CITY RECORDER
Transmitted to Mayor on _______________________.
Mayor’s Action: _______Approved. _______Vetoed.
______________________________
MAYOR
______________________________
CITY RECORDER
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
March 29, 2023
Date:___________________________(SEAL)
By:______
Bill No. ________ of 2023.Katherine D. Pasker, Senior City Attorney
Published: ______________.
Ordinance amending ADU regulations
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