Ordinance No. 2024-18
An Ordinance of the City of Holladay Amending Section 13.14.031: Accessory Dwelling Units
Whereas, the City of Holladay, as part of its Moderate Income Housing Plan, has studied and revised City regulations governing Accessory Dwelling Units and has determined that revisions to its ordinances should be made to assist in the availability of more affordable housing in the City, while still protecting property values; and
Whereas, the Planning Commission has held a public hearing on the proposed ordinance revisions and recommended the revision be adopted;
Whereas, the City Council has provided the opportunity for public input and now desires to adopt the revisions;
Now, Therefore, Be It Ordained by the Municipal Council of the City of Holladay, Utah as follows:
Section 1. Amendment. Section 13.14.031: Accessory Dwelling Units of the City of Holladay Municipal Code is hereby amended to read in its entirety as set forth in Exhibit A, attached hereto and incorporated herein by reference.
Section 2. Severability. If any section, part or provision of this Ordinance is held invalid or unenforceable, such invalidity or unenforceability shall not affect any other portion of this Ordinance, and all sections, parts and provisions of this Ordinance shall be severable.
Section 3. Effective Date. This Ordinance shall take effect upon publication or posting or thirty (30) days after passage, whichever occurs first.
Passed and Approved this 7th day of November, 2024.
Holladay City Council
By:
Robert Dahle, Mayor
[Seal] Voting:
Ty Brewer Yea X Nay ___
Matt Durham Yea X Nay ___
Paul Fotheringham Yea X Nay ___
Drew Quinn Yea X Nay ___
Emily Gray Yea X Nay ___
Robert Dahle Yea X Nay ___
Attest:
_____________________________
Stephanie N. Carlson, MMC
City Recorder
Deposited in the office of the City Recorder this 7th day of November, 2024.
Recorded this 7th day of November, 2024.
Accessory Dwelling Units are meant to assist in the creation of new housing units; support a more efficient use of existing housing stock and infrastructure; and provide housing that responds to changing family needs, smaller households, and increasing housing costs within the City and not a response to supplemental income or vacation rental opportunities.
Existing or new construction of Accessory Dwelling Units of any type may only be established on a parcel with a single-family detached structure within all residential zones when the following standards are met. In addition to applicable remedies for correction of non-compliance set forth in Chapter 13.94 of this Title, pursuant to Utah Code Ann. § 10-9a-530(5), the City may hold a lien against any property in violation of any provision of this Title relating to the creation and/or maintenance of an Internal Accessory Dwelling Unit. The City shall follow the provisions of Utah Code Ann. §10-9a-530(5) in the creation and filing of any lien.
A. Accessory Dwelling Unit as defined in section 13.04.040, shall:
1. Comply with applicable building, health, and fire codes.
2. Be subject to approval of a Building Permit (section 13.08.100) and issuance of a Certificate of Occupancy (sections 13.04.050, 13.01.060).
4. Owner Occupied: No accessory dwelling unit shall be created, established, or occupied in a single-family dwelling unless the owner of the property or an immediate family member, defined as the spouse, parent, child, sibling, grandparent, or grandchild, occupies either a portion of the main dwelling or a detached accessory unit on the same single-family lot. For the purpose of this section, the term "owner occupied" shall be defined as full time residency within the home by the property owner(s) as shown on the County tax assessment rolls. Owner occupancy requirement shall not apply to the accessory dwelling unit when:
a. The owner cannot live in the dwelling due to a bona fide temporary absence of three years or less (i.e: military, job assignment, sabbatical, or voluntary service);
b. The owner was living in the dwelling immediately prior to leaving for the temporary job assignment, sabbatical, or voluntary service; and
c. The owner resumes primary occupancy of residence upon returning from the temporary military, job assignment, sabbatical, or voluntary service absence;
d.: Dwelling unit Occupancy: The occupants of an accessory dwelling unit shall be limited to a single family, defined as (in accordance with Utah Code §10-91-505.5):
i. One person living alone; or
ii. Any number of persons related by blood, marriage, adoption, or other legal relationship living together as a single housekeeping unit; for purposes of this definition of family, the term "related" shall mean a spouse, parent, child, stepchild, grandparent, grandchild, brother, sister, uncle, aunt, nephew, niece, first cousins, great-grandparent, and great-grandchild. The term "related" does not include other, more distant relationships.
iii. Up to four (4) unrelated persons living as a single-family housekeeping unit.
5. Provide one additional onsite parking stall above the minimum required set forth in section
13.80.040
; and replace any parking spaces displaced by the construction of an ADU from a garage or carport. If an accessory dwelling unit is being added outside of the existing footprint of the home, onsite parking must meet the minimums required in section 13.80.040, determined by the number of bedrooms in the accessory dwelling unit. Parking reduction provisions according to 13.80.040.B.
6. Maintain the same address as the primary dwelling with the addition of "Unit B"
7. Not operate on separate utility meters from the primary dwelling. The ADU tenant shall have unobstructed access to utility connections, i.e. water and gas shutoff, electrical panel and HVAC equipment, etc.
8. ADU shall not be permitted on a property with a failing septic tank.
B. Internal Accessory Dwelling Unit as defined in section 13.04.040, shall:
1. Comply with all provisions set forth in section 13.14.031 A of this chapter.
2. Provide egress window(s) for existing and new construction which meet minimum size standards as per Chapter 15.08 Building Codes.
C. External Accessory Dwelling Unit, as defined in section 13.04.040, shall:
1. Comply with all provisions set forth in section 13.14.031 A of this chapter.
2. Provide a footprint size of a minimum of two hundred (200) square feet and maximum footprint as per Chart 13.14.101.
3. Structures shall comply with setbacks for external ADUS as per section 13.14.110, chart 13.14.101. Setbacks may be reduced according to the setback reduction chart, not to exceed the "no closer than (Feet)” distance required for accessory buildings. The property owner of the proposed setback reduction shall file a signed agreement detailing the context/treatment applied and the resulting setback distance with the Community and Economic Development department.
Chart 13.14.032
Context/Treatment | Setback reduction |
No lights on sides abutting residential properties | 10% |
Fencing 1. 8’ fence height agreement or 6’ masonry wall 2. 8’ masonry wall | 1. 30% 2. 50% |
Single floor structure with maximum 10’ wall height | 50% |
Immediately adjacent to an existing accessory building on a neighboring property | 80% |
Below grade living space only | 100% |
Additional/upgraded certified energy efficient material/construction designed to reduce sound | 100% |
Coordination with abutting property owner to build adjacent ADUs | 100% |
Immediately adjacent to a non-residential land use | 100% |
Other proposed buffering treatment (additional vegetation, screening/acoustic walls, window treatments, architectural feature, color choice, biophilic elements etc.) | 10% per item |
4. Height does not exceed twenty-five feet (25') in height above existing grade.
5. The height of accessory buildings containing a dwelling unit shall comply with graduated height standards as per 13.14.070.2
6. Comply with Lot Coverage maximums as per section
13.14.080.
7. Design standards of any EADU shall include the following. These standards are intended to increase privacy and minimize impact to neighboring residents.
a. Security and/or building lighting shall be "dark sky" compliant, to include the following:
i. Only LED, incandescent light sources in the spectrum of white or off white (light yellow tones in the kelvin scale of 5,000k or lower, i.e. warmer).
ii. Fixtures shall feature a “full cut-off” type hood and mounted in such a manner that the cone of light does not cross any property line of the site.
iii. Lighting installations shall include timers, dimmers and/or sensors to reduce overall energy consumption and eliminate unneeded lighting.
b. Primary and secondary access points including but not limited to doors, windows, patios, garage doors, etc. shall not open into a required setback.
c. Required setbacks shall be maintained with landscaping which provides a buffer to neighboring properties.
8. Conversion of existing accessory buildings, including non-conforming structures, to EADUS is allowed with standards.
a. Shall meet all design standards within 13.14.031.C6.
b. Structures that do not conform to the building footprint sizes shown in Chart 13.14.101 must apply for a conditional use permit for a footprint that exceeds the allowed size.
c. Structures that do not conform to setbacks in Chart 13.14.101 shall select from appropriate setback reduction measures as shown in chart 13.14.032.
d. A second level above 12 feet may not be added or converted to living space when the accessory structure does not meet the required accessory structure setbacks per section 13.14.110, chart 13.14.101.
e. Any in-line addition over 50% of the linear measurement of a non-conforming setback shall comply with all applicable setback and height requirements.
Chart 13.14.101
Lot Size In Square Feet | Total Footprint (Permitted Use) | No Closer Than (Feet) |
Less than 8,000 | 800 | 3 |
8,001 to 14,600 | 850 | 4 |
14,601 to 21,200 | 900 | 5 |
21,201 to 27,800 | 950 | 6 |
27,801 to 34,400 | 1,000 | 7 |
34,401 to 41,000 | 1,050 | 8 |
41,001 to 47,600 | 1,100 | 9 |
47,601 to 54,200 | 1,150 | 10 |
54,201 to 60,800 | 1,200 | 11 |
60,801 to 67,400 | 1,250 | 12 |
67,401 to 74,000 | 1,300 | 13 |
74,001 to 80,600 | 1,350 | 14 |
Over 80,600 | 1,400 | 15 |
13.100.010: TABLE OF ALLOWED USES:
Use | All FR Zones | R-1-4, R-1-8, R-1-10, R-1-15 | R-1-2 1, R-1-4 3, R-1-8 7 | R-2- 8/ R-2-10 | R-M | PO | HCR | O-R-D | P | RO | NC | C-1 | C-2 | HV | R/M-U | LU |
Accessory Uses* | ||||||||||||||||
External accessory dwelling unit | P19 | P19 | P19 | |||||||||||||
Internal accessory dwelling unit | P19 | P19 | P19 | |||||||||||||
Accessory dwelling unit | P23 | P23 | P23 | P23 | P23 |
NOTE: 23. When accessory to a detached single-family dwelling.