Accessory dwelling unit ordinance clarification
Clarification of exceptions to the one off-street parking space requirement for accessory dwelling units, correcting an oversight in the April 4, 2023 ordinance. Adopted May 23, 2023.
- Where it stands
- Approved
- Type
- Code change
- Location
- Citywide
- Applicant
- Salt Lake City Planning Division
Every hearing and vote
January 17, 2023 · City Council
Consent: public hearing dates set
Approved · 6-0
The Council set February 7, 2023 hearings on the rezone at about 704 East 900 South, the Rocky Mountain Power rezone at 1223 West North Temple, the ADU text amendment and a land exchange at 592 N. Riverside Drive for the Bridge to Backman project; set a February 21 hearing on the Urban Forest Action Plan; and set a March 7 hearing on landscape material (turf) limits. The Planning Commission forwarded a negative recommendation on the 704 East 900 South rezone, so no ordinance had been drafted. The Riverside Drive exchange would transfer open space for $0 to Riverwood Cove, LLC for another open space parcel of equal size, to enable a public park, outdoor classroom and a walking and biking connection to Backman Elementary and to resolve an encroachment.
January 17, 2023 · City Council work session
Accessory dwelling unit (ADU) text amendment
Discussed
The proposal would end the conditional use requirement for detached ADUs in single-family zones and lower other zoning barriers, such as size, height and yard rules, while keeping owner-occupancy. Council Member Dugan raised concern about ADUs on lots without driveways or garages and favored one off-street parking space and keeping the four-foot setback instead of a proposed three feet. Council Member Mano suggested dropping the owner-occupancy requirement as a barrier to housing. Council Member Wharton was concerned about removing the conditional use process entirely; planning staff said conditional use reviews over three years rarely added conditions and that the department could not show detrimental effects from ADUs. Council Member Puy asked about financial incentives; staff said an internal group including the Redevelopment Agency was studying them.
- Petition No.: PLNPCM2022-000475
February 7, 2023 · City Council
Accessory dwelling unit (ADU) text amendment (public hearing)
Tabled · 7-0
Nine speakers favored the ordinance, urging fewer restrictions, removing conditional use, parking and owner-occupancy requirements, and lower fees. Others raised solar access, tree loss, short-term rental risk, safety of illegal units, and neighborhood compatibility; some asked to keep owner-occupancy. Residents of one neighborhood cited parking, closeness to neighbors, property values and lack of notice. The Council closed the hearing and deferred action.
- Petition No.: PLNPCM2022-000475
February 7, 2023 · City Council work session
Accessory dwelling unit (ADU) text amendment follow-up
Discussed
Council members took non-binding straw polls ahead of that evening's hearing. Parking: five members (Fowler, Puy, Valdemoros, Petro, Mano) supported keeping one off-street space except within a quarter mile of a transit stop, with Wharton and Dugan opposed; Wharton, Valdemoros and Dugan favored removing the bike lane exception, while four opposed; five supported removing the on-street parking exception with Petro opposed and Valdemoros not voting. Size: four supported a 1,000 square foot limit (Puy, Petro, Mano, Valdemoros) and all supported removing the 12,000 square foot option. Owner occupancy: only Mano and Puy supported removing it. All supported a corner-yard setback of 20% of lot width or 10 feet, whichever is less, and making ADUs a permitted use. Six supported the Planning Department's suggested setback, with Dugan opposed. Only Dugan and Valdemoros supported barring an ADU from being taller than the primary dwelling.
- Petition No.: PLNPCM2022-000475
- Straw polls are non-binding
February 21, 2023 · City Council
Accessory dwelling unit (ADU) text amendment
No action
The item was pulled from the agenda.
February 21, 2023 · City Council work session
Report of the Chair
Discussed
Council Member Mano reviewed the 704 East 900 South rezone on the evening's formal agenda, noting the house is not historically designated but the applicant agreed to a development agreement retaining it for 50 years. Staff said the applicant agreed the property would not be used for short-term rentals. Members asked whether the agreement runs with the property and said the motion sheet needed clarification on the number of units. The ADU ordinance was pulled from the formal agenda for further review.
March 7, 2023 · City Council
Consent: hearing dates set, grant holding account items and appointments
Approved · 7-0
The Council set a March 21 hearing on the fiscal 2023-24 One-Year Action Plan for CDBG, HOME, ESG and HOPWA funds; a March 21 hearing on the rezone and master plan amendment at 865 South 500 East (Petitioner the applicant); a March 21 hearing on the electric vehicle readiness parking amendment; an April 4 hearing on a Homeless Resource Center overlay and text amendment; and confirmed the March 21 ADU hearing. It reconsidered and approved Grant Holding Account Items (Batch No. 5) and appointed Hannah Nielsen to the Arts Council and Pamela Silberman and Will Terry to the Human Rights Commission.
March 7, 2023 · City Council work session
Accessory dwelling unit (ADU) text amendment follow-up
Discussed
Mayor Mendenhall said she does not support removing owner occupancy, arguing the proposed updates already expand access to building ADUs and use of home equity, and that removing it would encourage corporate investment in neighborhoods and weaken ADUs as a wealth-building tool. Staff and attorneys discussed how owner-occupancy applies to commercial versus residential uses, enforcement of ADUs and short-term rentals, and restrictive covenants in the proposed code.
March 14, 2023 · City Council work session
Accessory dwelling unit (ADU) text amendment follow-up
Discussed
Council members took non-binding straw polls on owner occupancy. Six (Petro, Fowler, Wharton, Valdemoros, Dugan, Mano) supported not removing the requirement, with Puy opposed. A proposal to remove it and charge a fee waived for owner-occupied ADUs drew support only from Mano and Puy, as did a two-year sunset. A proposal to require owner occupancy until a number of years of verified owner occupancy with no enforcement actions drew Mano, Petro and Puy. All members supported a legislative intent to revisit removal in three years with data from a recognized organization. Six (all but Fowler) supported a legislative intent to earmark $1 million from General Fund balance for ADU construction financing, and all supported a legislative intent to set aside $200,000 for two civil enforcement employees in the next budget; a proposal to fund them in the current budget drew Puy, Mano and Valdemoros only. Council Member Wharton said data was needed before deciding on alternatives.
- Petition No.: PLNPCM2022-000475
- Straw polls are non-binding
March 21, 2023 · City Council
Accessory dwelling unit (ADU) text amendment (public hearing)
Tabled · 7-0
About 14 speakers supported keeping the owner-occupancy requirement, saying it limits displacement, protects against investor competition and short-term rentals, and supports neighborhood stability, and some said a proposed three- or five-year review period was too short. Four speakers opposed keeping it, saying it creates barriers to housing and limits the buyer pool for homes with ADUs, and that data show few ADUs are used as short-term rentals. Another speaker supported the revised ordinance and data collection with a three-year review. The Council closed the hearing and deferred action.
- Petition No.: PLNPCM2022-000475
March 21, 2023 · City Council work session
Accessory dwelling unit (ADU) text amendment follow-up
Discussed
Staff outlined two owner-occupancy options: keep the requirement only in the FR, R-1 and SR-1/SR-1A zones and remove it in other zones where ADUs are allowed, or keep it citywide with a legislative intent to revisit in three years while collecting data. The Council's requested legislative intents on $1 million in ADU financing and two civil enforcement employees were included. Members discussed historic areas, transit station area zones, data collection, renter protection and attorney's fees language for short-term rental complaints.
April 4, 2023 · City Council
Accessory dwelling unit (ADU) text amendment
Approved with conditions · 7-0
The Council adopted Ordinance 17 of 2023 with conditions. It removes the conditional use requirement for detached ADUs, caps detached ADUs at 1,000 square feet, gives adversely affected parties a right to enforce an ADU restrictive covenant, keeps the owner-occupancy requirement, sets a minimum corner side yard setback of 20% of lot width or 10 feet, whichever is less, and requires one off-street parking space with exceptions near bike lanes, transit or where on-street parking is available. Legislative intents call for revisiting the rules in three years, $1 million in one-time funding to support ADU construction, and two more civil enforcement employees. Members discussed the need for ADUs, placement, impacts on homeowners and homeownership. The motion was later amended on May 23, 2023 to clarify the parking exceptions.
- Petition PLNPCM2022-000475
May 23, 2023 · City Council
Accessory dwelling unit ordinance clarification
Approved · 6-0
The Council corrected an oversight in the April 4, 2023 ordinance amending Title 21A for accessory dwelling units. The clarification concerns exceptions to the requirement to provide one off-street parking space for an ADU (Petition PLNPCM2022-00475).
- Petition: PLNPCM2022-00475