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:
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 | 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 | 20% of the lot width or 10', whichever is less |
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.
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 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:
(1) The basement is only used for storage or a use permitted by Section 21A.40.040.E of this chapter; and
(2) 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.
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 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. (Ord. 17-23, 2023: Ord. 53-18, 2018)