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http://www.sterlingcodifiers.com/codebook/index.php?book_id=672 acc 2012.12.06

This is provided for informational purposes only. The formatting of this ordinance may vary from the official hard copy. In the case of any discrepancy between this ordinance and the official hard copy, the official hard copy will prevail.
SALT LAKE CITY ORDINANCE No. 62 of 2012 (An ordinance amending various sections of Title 21A of the Salt Lake City Code pertaining to accessory dwelling units) An ordinance amending various sections of Title 21A of the Salt Lake City Code pursuant to Petition No. PLNPCM2010-00612 to allow accessory dwelling units as defined herein. WHEREAS, the Salt Lake City Planning Commission (Planning Commission) held public hearings on March 23, 2011 and June 22, 2011 to consider a request made by Salt Lake City Mayor Ralph Becker (petition no. PLNPCM2010-00612) to amend the text of sections 21A.24.190 (Zoning: Residential Districts: Table of Permitted and Conditional Uses for Residential Districts); 21A.60.020 (Zoning: List of Terms: List of Defined Terms); and 21A.62.040 (Zoning: Definitions: Definitions of Terms) of the Salt Lake City Code and adopting a new section 21A.40.200 (Zoning: Accessory Dwelling Units); and WHEREAS, at its June 22, 2011 hearing, the Planning Commission voted in favor of recommending to the City Council that the City Council amend and adopt the sections of Title 21A of the Salt Lake City Code identified herein; and WHEREAS, after a public hearing on this matter the City Council has determined that adopting this ordinance is in the Citys best interests, NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Amending text of Salt Lake City Code section 21A.24.190. That section 21A.24.190 of the Salt Lake City Code (Zoning: Residential Districts: Table of Permitted and Conditional Uses for Residential Districts), shall be, and hereby is, amended to insert the use category of Accessory dwelling unit under the residential category listed on said table as depicted in Exhibit A attached hereto. The codifier is instructed to on insert the Accessory dwelling unit use category and designations of such use as a permitted or conditional use (a noted by a P or C) as shown on Exhibit A and make no other revisions to that table. SECTION 2. Amending text of Salt Lake City Code chapter 21A.40 to adopt section 21A.40.200. That th Salt Lake City Code shall be, and hereby is, amended to adopt section 21A.40.200 (Zoning: Accessory Uses, Buildings and Structures: Accessory Dwelling Units), which shall read as follows: 21A.40.200: ACCESSORY DWELLING UNITS: Accessory dwelling units, as defined in chapter 21A.62

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of this title, shall be subject to the following: A. Purpose Statement: The purposes of the accessory dwelling unit provisions are to: 1. Create new housing units while respecting the look and scale of single-dwelling development; 2. Increase the housing stock of existing neighborhoods in a manner that is less intense than alternatives; 3. Allow more efficient use of existing housing stock, public infrastructure, and the embodied energy contained within existing structures; 4. Provide a mix of housing options that responds to changing family needs and smaller households; 5. Offer a means for residents, particularly seniors, single parents, and families with grown children, to remain in their homes and neighborhoods, and obtain extra income, security, companionship, and services; 6. Promote a broader range of affordable housing; 7. Provide opportunity for workforce housing in developed and new neighborhoods, close to places of work, thus reducing greenhouse gas emissions and reducing fossil fuel consumption through less car commuting; 8. Support transit-oriented development and reduce auto usage by increasing density near transit stops; and 9. Support the economic viability of historic properties and the citys historic preservation goals by allowing accessory residential uses in historic structures. B. Applicability: An accessory dwelling unit may be incorporated within or added onto an existing house, garage, or other accessory structure, or may be built as a separate, detached structure on a lot where a single-family dwelling exists. Accessory dwelling units are allowed in the following residential zone districts: FR-1/43,560, FR-2/21,780, FR-3/12,000, R-1/12,000, R-1/7,000, R-1/5,000, SR-1, SR-1A, SR-3, R-2, RMF-30, RMF-35, RMF-45, and RMF-75 subject to the provisions of this section. C. Owner Occupant: For the purposes of this title, owner occupant shall mean the following: 1. An individual who: a. Possesses, as shown by a recorded deed, fifty (50) percent or more ownership in a dwelling unit; and b. Occupies the dwelling unit with a bona fide intent to make it his or her primary residence; or 2. An individual who: a. Is a trustor of a family trust which: (1) Possesses fee title ownership to a dwelling unit; (2) Was created for estate planning purposes by one (1) or more trustors of the trust; and b. Occupies the dwelling unit owned by the family trust with a bona fide intent to make it his or her primary residence. Each living trustor of the trust shall so occupy the dwelling unit except for a trustor who temporarily resides elsewhere due to a disability or infirmity. In such event, the dwelling unit shall nevertheless be the domicile of the trustor during the trustor's temporary absence. 3. Even if a person meets the requirements of Subsections 1 or 2 of this definition, such person shall not be deemed an owner occupant if the property on which the dwelling unit is located has more than one (1) owner and all owners of the property do not occupy the dwelling unit with a bona fide intent to make the dwelling unit their primary residence. a. A claim by the city that a person is not an owner occupant may be rebutted only by documentation, submitted to the Community and Economic Development Department, showing such person has a bona fide intent to make the dwelling unit his or her primary residence. Such intent shall be shown by: (1) Documents for any loan presently applicable to the property where the dwelling unit is located which name the person as a borrower; (2) Tax returns which show the person has claimed income, deductions, or depreciation from the

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property; (3) Rental documents and agreements with any tenant who occupies the dwelling unit, including an accessory apartment; (4) Insurance, utility, appraisal, or other contractual documents related to the property which name the person as the property owner; and (5) Documents which show the person is a full-time resident of Utah for Utah State income tax purposes. b. Any person who fails, upon request of the Community and Economic Development Department, to provide any of the documents set forth in Subsections 3a of this definition or who provides a document showing that ownership of a dwelling unit is shared among persons who do not all occupy the dwelling unit shall mean for the purpose of this Title that such person shall not be deemed an "owner occupant" of the dwelling unit in question. 4. The provisions of Subsection 3 of this definition shall apply to any person who began a period of owner occupancy after September 1, 2012, regardless of when the person purchased the property. D. Standards: Accessory dwelling units shall conform to the following purpose statement and requirements: 1. Purpose: These design and development standards are intended to ensure that accessory dwelling units are: a. Compatible with the desired character and livability of the residential zoning districts; b. Compatible with the historic district and landmark resources of the city; c. Compatible with the general building scales and placement of structures to allow sharing of common space on the lot, such as yards and driveways; and d. Smaller in size than the principal dwelling on the site. 2. General Requirements: a. Owner Occupant Requirement: Accessory dwelling units shall only be permitted when an owner occupant lives on the property within either the principal dwelling or accessory dwelling unit. Owner occupancy shall not be required when: (1) The owner has a bona fide, temporary absence of three (3) years or less for activities such as military service, temporary job assignments, sabbaticals, or voluntary service (indefinite periods of absence from the dwelling shall not qualify for this exception); or (2) 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. b. Deed Restriction: A lot approved for development with an accessory dwelling unit shall have a deed restriction, the form of which shall be approved by the City Attorney, filed with the county recorders office indicating such owner-occupied requirement of the property prior to issuance of a final certificate of occupancy for the accessory dwelling unit by the city. Such deed restriction shall run with the land until the accessory dwelling unit is abandoned or revoked. c. One per Lot: One (1) accessory dwelling unit is permitted per residential lot. d. Underlying Zoning Applies: Unless specifically provided otherwise in this section, accessory dwelling units are subject to the regulations for a principal building of the underlying zoning district with regard to lot and bulk standards, such as building and wall height, setbacks, yard requirements, and building coverage. (1) The requirements of Section 21A.40.050, Accessory Uses, Buildings, and Structures, which govern all non-residential accessory structures, do not apply to accessory dwelling units; and (2) Accessory dwelling units may have the same building setbacks as that allowed in the zoning district for the principal dwelling on the property. An existing accessory structure whose setbacks do not meet the setback requirements for a dwelling as noted above may be converted into an accessory dwelling unit but any non-complying setbacks may not become more non-complying. e. Existing Development on Lot: A single-family dwelling shall exist on the lot or will be constructed in conjunction with the accessory dwelling unit.

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Internal, Attached, or Detached: While accessory dwelling units are allowed only in conjunction with a principal dwelling on a lot, the unit may be built internal to, attached to, or as a separate unit detached from the principal dwelling. g. Minimum Lot Area: Within permissible zoning districts, the minimum lot area required for an accessory dwelling unit shall be: (1) Internal: For accessory dwelling units located within the principal single-family structure, no minimum lot area is required; (2) Attached: For accessory dwelling units located within an addition to the single-family structure, no minimum lot area is required; or (3) Detached: For accessory dwelling units located within a detached structure, a minimum lot area of five thousand (5,000) square feet is required. h. Building Code Compliance: Accessory dwelling units are subject to compliance with current building code at time of permit approval. i. Public Utilities: No structure that is not connected to the public water and sanitary sewer systems shall have an accessory dwelling unit. j. Multi-Family Districts with Single Family Dwelling on Lot: A lot located within a multi-family zoning district that is currently built out with a single-family detached dwelling and does not have the required minimum amount of land to add additional units pursuant to the multifamily zoning district requirement, one accessory dwelling unit may be permitted. k. Not a Unit of Density: Accessory dwelling units are not considered a unit of density and therefore are not included in the density calculation for residential property. l. Rooming House: Neither dwelling unit may be used as a rooming house as defined by Section 21A.62.040 of this title. m. Home Occupations: Home occupations listed in Section 21A36.030 B, Permitted Home Occupations, may be conducted in an accessory dwelling unit. Those home occupations listed in this section under Conditional Home Occupations are explicitly not allowed in accessory dwelling units in order to maintain the residential nature of the dwelling unit. n. Historic Preservation Overlay District: Accessory dwelling units located in an H Historic Preservation Overlay District are subject to the applicable regulations and review processes of Section 21A.34.020, including the related guidelines and standards as adopted by Salt Lake City to ensure compatible building and preservation of historic resources. o. The property on which an accessory dwelling unit is permitted shall be located in whole or in part within a one-half () mile radius of an operational fixed transit stop (i.e. commuter rail, light rail, streetcar, etc). p. In an accessory dwelling unit that does not comply with the setback regulations for a single-family dwelling, the placement of windows within the accessory dwelling unit shall not be allowed within ten (10) feet of a side yard or rear yard property line, except under the following conditions: (1) Windows adjacent to a rear yard property line may be allowed within ten (10) feet of the rear yard property line if the rear yard abuts an alley, or (2) Windows located within ten (10) feet of a property line may be allowed if the bottom of the window sill is located at least six (6) feet above the corresponding floor plate. 3. Methods of Creation: An accessory dwelling unit may only be created through one of more of the following methods: a. Converting existing living area within a principal structure, such as a basement or attic space; b. Adding floor area to a principal structure; c. Constructing a new single-family detached dwelling unit structure with an internal or detached accessory dwelling unit; d. Converting or adding onto an existing accessory structure on a lot, such as to a garage or other outbuilding, where no required parking for the principal dwelling is eliminated by the accessory

f.

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4.

5. 6.

7.

8.

dwelling unit; or e. Constructing a new accessory dwelling unit within a separate detached structure in compliance with applicable lot coverage regulations. Size of Accessory Dwelling Unit: The maximum size of an accessory dwelling unit may be no more than fifty (50) percent of the gross square footage of the principal dwelling unit or six hundred fifty (650) square feet whichever is less. The minimum size of an accessory dwelling unit is that size specified and required by the adopted building code of the city. Ownership: An accessory dwelling unit shall not be sold separately or subdivided from the principal dwelling unit or lot. Number of Residents: The total number of residents that may reside in an accessory dwelling unit may not exceed the number that is allowed for a family as defined in Section 21A.62.040, Definition of Terms. Parking: a. An accessory dwelling unit that contains a studio or single bedroom, one (1) additional on-site parking space is required. b. An accessory dwelling unit that contains two (2) or more bedrooms, two (2) additional on-site parking spaces are required. c. The City Transportation Director may approve a request to waive, or modify the dimensions of, the accessory dwelling unit parking space upon finding that the parking requirement for the principal dwelling is met, and (1) Adequate on-street parking in the immediate vicinity is available to serve the accessory dwelling unit and will not cause congestion in the area; or (2) The accessory dwelling unit is located within one-quarter () mile of a fixed transit line or an arterial street with a designated bus route. d. The City Transportation Director may allow tandem parking, within a legal location behind an existing on-site parking space, to meet the accessory dwelling unit parking requirement so long as the parking space requirement is met for the principal dwelling. Location of Entrance to Accessory Dwelling Unit: a. Internal or Attached Units: Accessory dwelling units that are internal to or attached to a principal dwelling may take access from an existing entrance on a street-facing front faade of the principal dwelling. No new entrances may be added to the front faade of a principal dwelling for an accessory dwelling unit unless such access is located at least twenty (20) feet behind the front faade of the principal dwelling unit. b. Detached Units: Accessory dwelling units that are detached from the principal dwelling: (1) May utilize an existing street-facing front faade entrance as long as the entrance is located a minimum of twenty (20) feet behind the front faade of the principal dwelling, or install a new entrance to the existing or new detached structure for the purpose of serving the accessory dwelling unit as long as the entrance is facing the rear or side of lot. (2) Shall be located no closer than thirty (30) feet from the front property line and shall take access from an alley when one is present and accessible. c. Corner Lots: On corner lots, existing entrances on the street-facing sides may be used for an accessory dwelling unit, but any new entrance shall be located facing toward the rear property line or interior side yard, or toward the back of the principal dwelling. d. H Historic Preservation Overlay District: When accessory dwelling units are proposed in an H Historic Preservation Overlay District, the regulations and design guidelines governing these properties in Section 21A.34.020 shall take precedence over the location of entrance provisions above. e. Side Entrance Exemption: Side entrance for an accessory dwelling unit shall not be subject to compliance with code 21A.24.010.H Side Entry Buildings of this title.

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9. Exterior Design: a. Within an H Historic Preservation Overlay District: Accessory dwelling units located within an H Historic Preservation Overlay District shall meet the process, regulations, and applicable design guidelines in Section 21A.34.020 of this title. b. Outside H Historic Preservation Overlay District or Historic Landmark Site: Accessory dwelling units shall be regulated by the following exterior design standards: (1) The maximum height of a detached accessory dwelling unit shall not exceed the principal structure; and (2) An accessory dwelling unit shall be designed and constructed to be compatible with the principal structure. 10. Registration: Accessory dwelling units shall be registered with the city to evaluate whether the accessory dwelling unit initially meets applicable requirements; to ensure that the accessory dwelling unit meets health and safety requirements; to ensure that the property owner is aware of all city regulations governing accessory dwelling units; to ensure that the distribution and location of accessory dwelling units is known, to assist the City in assessing housing supply and demand; and to fulfill the Accessory Dwelling Units Purpose Statement listed above. To accomplish this, property owners seeking to establish an accessory dwelling unit shall comply with the following: a. Building Permit: Apply for and obtain a building permit for the proposed accessory dwelling unit, regardless of method of creation; b. Inspection: Ensure accessory dwelling unit is constructed, inspected, and approved in compliance with current building code; and c. Business License: Apply for and obtain an annual business license for the accessory dwelling unit in accordance with the applicable provisions of the city. 11. Occupancy: No accessory dwelling unit shall be occupied until the property owner obtains a business license for the accessory dwelling unit from the city. SECTION 3. Amending 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 only to insert the following terms into that list in alphabetical order: Accessory dwelling unit Owner occupant SECTION 4. Amending 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 only to insert the following definitions into that list in alphabetical order: ACCESSORY DWELLING UNIT: A residential unit that is located on the same lot as a single-family dwelling unit, either internal to or attached to the single family unit or in a detached 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. OWNER OCCUPANT: See section 21A.40.200 of this title. SECTION 5. 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 18th day of September, 2012. Bill No. 62 of 2012. Published: October 8, 2012.

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Disclaimer: This is provided for informational purposes only. The formatting of this ordinance may vary from the official hard copy. In the case of any discrepancy between this ordinance and the official hard copy, the official hard copy will prevail.
SALT LAKE CITY ORDINANCE No. 63 of 2012 (Amending Section 21A.52.030 of the Salt Lake City Code pertaining to legalization of excess dwelling units) An ordinance amending Section 21A.52.030 (Zoning: Special Exceptions: Special Exceptions Authorized) of the Salt Lake City Code pursuant to Petition No. PLNPCM2011-00499 to modify regulations governing the dwelling unit legalization process. WHEREAS, the Salt Lake City Planning Commission (Planning Commission) held a public hearing on December 14, 2011 to consider a request made by Salt Lake City Mayor Ralph Becker (Petition No. PLNPCM2011-00499) to amend Section 21A.52.030 (Zoning: Special Exceptions: Special Exceptions Authorized) of the Salt Lake City Code to modify regulations governing the unit legalization process; and WHEREAS, at its December 14, 2011 hearing, the Planning Commission voted in favor of recommending to the City Council of Salt Lake City (City Council) that the Salt Lake City Code be amended to modify regulations governing the unit legalization process; and WHEREAS, after a public hearing on this matter the City Council has determined that adopting this ordinance is in the citys best interests. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Section 21A.52.030 of the Salt Lake City Code (Zoning: Special Exceptions: Special Exceptions Authorized), shall be, and hereby is, amended to add Subsection A.22 which shall read as follows: 22. Legalization of excess dwelling units may be granted subject to the following requirements and standards: a. Purpose: The purpose of this subsection is to implement the existing Salt Lake City Community Housing Plan. This plan emphasizes maintaining existing housing stock in a safe manner that contributes to the vitality and sustainability of neighborhoods within the City. This subsection provides a process that gives owners of property with one (1) or more excess dwelling units not recognized by the City an opportunity to legalize such units based on the standards set forth in this subsection. b. Review Standards: A dwelling unit that is proposed to be legalized pursuant to this subsection shall comply with the following standards. (1) The dwelling unit existed prior to April 12, 1995. In order to determine whether a dwelling unit was in existence prior to April 12, 1995, the unit owner shall

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provide documentation thereof which may include any of the following: (A) Copies of lease or rental agreements, lease or rent payments, or other similar documentation showing a transaction between the unit owner and tenants; (B) Evidence indicating that prior to April 12, 1995, the city issued a building permit, business license, zoning certificate, or other permit relating to the dwelling unit in question; (C) Utility records indicating existence of a dwelling unit; (D) Historic surveys recognized by the planning director as being performed by a trained professional in historic preservation; (E) Notarized affidavits from past a past tenant, neighbor, previous owner, or other individual who has knowledge about the dwelling unit; (F) Polk, Cole, or phone directories that indicate existence of the dwelling unit (but not necessarily that the unit was occupied); and (G) Any other documentation that indicates the existence of the dwelling unit that the owner is willing to place into a public record. (2) The dwelling unit has been maintained as a separate dwelling unit since April 12, 1995. In order to determine if a unit has been maintained as a separate dwelling unit, the following may be considered: (A) Evidence listed in standard b(1) indicates that the unit has been occupied at least once every five (5) calendar years; (B) Evidence that the unit was marketed for occupancy if the unit was unoccupied for more than five (5) consecutive years; (C) If evidence of maintaining a separate dwelling unit as required by Subsections (A) and (B) cannot be established, documentation of construction upgrades may be provided in lieu thereof. (D) Evidence that the unit was referenced as a separate dwelling unit at least once every five (5) years.

(3) The property where the dwelling unit is located: (A) Can accommodate on-site parking as required by this title, or (B) Is located within one-quarter ( )mile radius of a fixed rail transit stop or bus stop in service at the time of legalization. (4) There is no history of zoning violations occurring on the property. To determine if there is a history of zoning violations, the city shall only consider violations documented by official city records for which the current unit owner is responsible. c. Conditions of Approval: Any unit legalization approved after September 1, 2011 shall be subject to the following conditions:

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(1) The unit owner shall apply for participation in the citys landlord tenant program within ninety (90) days of special exception approval. (2) The unit owner shall allow the citys building official or designee to inspect the dwelling unit to determine whether the unit substantially complies with basic life safety requirements as provided in Section 18.50 (Existing Residential Housing) of this code. Such inspection shall occur within one hundred eighty (180) days of special exception approval or as mutually agreed by the unit owner and the city. After such inspection, the unit owner shall make necessary corrections within one hundred eighty (180) days or as mutually agreed by the unit owner and the city. d. Application: In addition to the application requirements in Chapter 21A.52 of this title, an applicant shall submit documentation showing compliance with the standards set forth in Subparagraph 22.b of this subsection. e. Expiration: The provisions of this Subsection 21A.52.030.A.22 shall expire on September 1, 2013 and shall have no further force or effect unless earlier amended, modified, or repealed. After the expiration date, any dwelling unit that is not officially recognized by the City, except units included within a complete unit legalization application submitted to the City prior to the expiration date, shall only be recognized in accordance with Chapter 21A.38 (Nonconforming Uses and Noncomplying Structures) of this title. SECTION 2. Section 21A.60.020 of the Salt Lake City Code (Zoning: List of Terms: List of Defined Terms), shall be, and hereby is, amended as follows: a. Section 21A.60.020 is amended to delete the terms Unit legalization, dimensional zoning violations and Unit legalization, nondimensional zoning violations from the list of terms. b. Section 21A.60.020 is amended to modify the definition of Unit legalization permit to read as follows: UNIT LEGALIZATION PERMIT: A permit issued for building improvements required to obtain a unit legalization zoning certificate by the city. c. Section 21A.60.020 is amended to add the definition of Excess dwelling unit to read as follows: EXCESS DWELLING UNIT: A dwelling unit which is not permitted by zoning regulations applicable to the property where the unit is located and which is not a legal nonconforming use recognized by the city. The codifier is instructed to only revise Section 21A.60.020 to delete the two terms identified in Section 2(a) above, revise the term Unit legalization permit as indicated in Section 2(b) above, add the term Excess dwelling unit as indicated in Section 2(c) above, and leave the remainder of Section 21A.60.020 undisturbed as part of this ordinance. SECTION 3: Notice. As soon as practicable after the effective date of this ordinance, each owner of residential property within the boundaries of Salt Lake City, as shown by the latest assessment rolls of the Salt Lake County Recorder, shall be given notice, via U.S. mail, of the provisions of Sections 1 and 2 hereof.

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SECTION 4. 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 18th day of September, 2012. Bill No. 63 of 2012. Published: October 8, 2012.

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