COUNCIL STAFF REPORT CITY COUNCIL f SALT LAKE CITY TO: City Cuncil Members FROM: Nick Tarbet Plicy Analyst DATE: September 11, 2018 Item Schedule: 1 st Briefing: April 10, Sept 11 2 nd Briefing: May 1, 2018 Set Date: Sept 4 Public Hearings: Oct 2, Oct 16 Ptential Actin: TBD RE: Text Amendment: Accessry Dwelling Unit Regulatins PLNPCM2014-00447 ISSUE AT A GLANCE The Cuncil will receive a fllw-up briefing abut an rdinance that wuld amend the City's Accessry Dwelling Unit (ADU) regulatins. ADUs are small apartments that share a lt with a single-family hme. They can be basement apartments, abve and inside garages, r entirely separate buildings. Currently, new ADU permits are nly available fr prperties lcated a half mile r less frm a fixed rail transit stp. The Cuncil discussed the ADU rdinance during a series f briefings in 2017. During the December 5, 2017 wrk sessin the Cuncil cnducted a straw pll and vted unanimusly t send the ADU rdinance back t the Planning Divisin fr mdificatins and return t the Cuncil with a revised rdinance fr cnsideratin, particularly related t recmmendatins t cnsider ADUs as a cnditinal use permit, which wuld allw ADUs if certain cnditins can be met. Based n the Cuncil s feedback, Planning Staff transmitted a revised ADU rdinance that incrprates the fllwing changes: 1. Eliminates the bundary in the Planning Cmmissin Prpsal allws ADUs citywide. a. Make ADUs a cnditinal use in the FR (Fthill Residential District) and R-1 (Single Family Residential) zning districts. These are the zning districts that nly allw detached single family dwellings. b. Allw ADUs a permitted use in all ther residential zning districts that already allw duplexes, triplexes, and multi-family as permitted uses. (SR-1, SR-3, R-2 RMF-30 RMF-35, RMF-45, RMF-75, RB R-MU-35, R-MU-45, R-MU, and RO) 2. Requires prperties with ADUs t have a deed restrictin stating that the wner must ccupy the prperty. 3. Prvides different standards fr Attached and Detached ADUs. 4. Amends the wrding f sme standards fr clarity. 5. Adds design standards t address cmpatibility with principle structures. CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651
SEPTEMBER 11 WORK SESSION SUMMARY During the September 11 wrk sessin, via straw pll, the Cuncil accepted the Planning Divisins recmmendatins pertaining t: parking, wner ccupancy, maximum ftprint fr detached ADUs entrance requirements, and ADU visual guide. These recmmendatins, alng with the results frm the May 1 briefing, were included in the final draft rdinance. Tw public hearings have been scheduled fr Octber 2 and Octber 16. The fllwing infrmatin was prvided fr the September 11 wrk sessin briefing. It is prved again fr backgrund purpses. May 1 Wrk Sessin Summary During the May 1 wrk sessin meeting, the Cuncil vted n several straw plls. See Attachment B fr the straw pll results. At that time, the Cuncil asked the Planning Divisin t bring back ptins n hw t address ADU regulatins pertaining t parking, the size f a detached ADUs and the definitin f wner ccupancy. Planning Divisin Recmmendatins The Planning Divisin s recmmendatins are utlined belw. Details f the recmmendatins, including an utline f ptential prs/cns fr each issue, are fund in the Transmittal Letter dated June 18, 2018 (Attachment A). Parking Current Requirement: requires ne stall fr the ADU. Parking requirements can be waived if the principal dwelling meets the current parking requirement (tw parking stalls per singlefamily dwelling) and ne f the fllwing is satisfied: The prperty has n street parking in frnt f it; r The prperty is within ¼ mile f a transit line r bus stp. Recmmended Change: Requires n-site parking fr the ADU and allws the driveway r a parking space n the street t satisfy the ADU parking if the huse meets the current parking requirement. An accessry dwelling unit shall require a minimum f ne n-site parking space. If the prperty has an existing driveway, the driveway area lcated between the prperty line with an adjacent street and a legally lcated ff-street parking area can satisfy the parking requirement if the parking requirement fr the principal use is cmplied with and the driveway area has a space that is at least twenty feet (20 ) deep by eight feet (8 ) wide. The parking requirement may be waived if: 1. Legally lcated n street parking is available alng the street frntage f the subject prperty; r 2. The subject prperty is lcated within ¼ mile f a transit stp. Des the Cuncil Supprt including the prpsed recmmendatin in the ADU rdinance? Page 2
Owner Occupancy Current Language: Owner Occupant: Fr the purpses f this title, wner ccupant shall mean the fllwing: 1. An individual wh: a. Pssesses, as shwn by a recrded deed, fifty percent (50%) r mre wnership in a dwelling unit; and b. Occupies the dwelling unit with a bna fide intent t make it his r her primary residence; r 2. An individual wh: a. Is a trustr f a family trust which: (1) Pssesses fee title wnership t a dwelling unit; (2) Was created fr estate planning purpses by ne r mre trustrs f the trust; and b. Occupies the dwelling unit wned by the family trust with a bna fide intent t make it his r her primary residence. Each living trustr f the trust shall s ccupy the dwelling unit except fr a trustr wh temprarily resides elsewhere due t a disability r infirmity. In such event, the dwelling unit shall nevertheless be the dmicile f the trustr during the trustr s temprary absence. Recmmended Change: Simplify the wner ccupant sectin f the ADU rdinance s it accunts fr mre wnership pssibilities, is easier t enfrce, desn t unnecessarily restrict prperties where an ADU culd be created, and allws mre flexibility when wnership f a prperty changes. Owner Occupant: Fr the purpses f this title, wner ccupant shall mean the fllwing: 1. An individual wh is listed n a recrded deed as an wner f the prperty 2. Any persn wh is related by bld, marriage, adptin t an individual wh is listed n a recrded deed as an wner f the prperty; 3. An individual wh is a trustr f a family trust wh pssesses legal wnership f the prperty. Des the Cuncil Supprt including the prpsed recmmendatin in the ADU rdinance? Maximum Ftprint fr Detached ADUs Current Language: must cmply with building cverage requirements f underlying zning, may nt ccupy mre than 50% f the grss square ftage f the single family dwelling. Recmmended Change: Exempt the ftprint f an accessry building cntaining an ADU frm the maximum ttal square ftage f all accessry buildings when there is an additinal accessry building n the prperty. Des the Cuncil Supprt including the prpsed recmmendatin in the ADU rdinance? Entrance Requirements In reviewing the entrance requirements, Planning staff identified a few issues with the entrance requirements fr attached ADUs. Entrances lcated n the rear façade f the hme r alng an interir side yard were nt addressed. The Planning Divisin recmmends the fllwing language be added t address this issue: Entrances t an ADU be allwed n the rear façade. Page 3
Entrances in an interir side yard be allwed prvided the side yard is at least eight feet wide. Des the Cuncil Supprt including the prpsed recmmendatin in the ADU rdinance? ADU Visual Guide Additinally, during the discussin abut entrance requirements, it was mentined that visuals wuld be helpful t shw what the requirements meant. Planning Staff is recmmending they create an ADU handbk t visually represent what is in the rdinance and serve as a guide n hw t build an ADU. This culd be included in the rdinance and adpted as law, r it culd be supplemental t the rdinance. If it is included in the rdinance any time the City wanted t imprve the visual r fix an errr, it wuld require a text amendment prcess with City Cuncil actin. Des the Cuncil Supprt creating an ADU handbk, but nt include it in the rdinance? Public Cmment The Cuncil received many cmments and questins abut the ADU rdinance. Cuncil staff kept a list f everyne wh cntacted the ffice and used that list t let peple knw abut the briefing and will cntinue t infrm these individuals abut upcming public hearings. Attachment C includes the public cmments which have been received. Next Steps Once the Cuncil decides n the straw plls mentined abve, the final changes will be incrprated in the rdinance and made public. Staff will let the public knw abut the changes by sending an update t the list f individuals wh cntacted the Cuncil Office abut ADUs, Cmmunity Cuncil chairs/recgnized cmmunity rganizatins t infrm them f the key dates, and prvide a link t the updated rdinance n the web. Additinally, staff will distribute infrmatin via website, email updates and scial media. Tw public hearings have been scheduled fr Octber 2 and Octber 16. The Cuncil culd act either immediately after the hearing n Octber 16 th r at a fllwing Cuncil meeting. The fllwing infrmatin was prvided fr the May 1 wrk sessin briefing. It is prved again fr backgrund purpses. April 10 Wrk Sessin Summary Planning Staff briefed the Cuncil n the updated rdinance during the April 10 wrk sessin. The Cuncil Chair said that was nly the first briefing, and that the Cuncil wuld have a few mre briefings t wrk ut the details f the final rdinance. The briefing n May 1 is scheduled fr the Cuncil t review bth the prpsed changes t the ADU rdinance and the plicy questins utlined in the mem belw. Page 4
Summary/Cmparisn f Changes The fllwing table utlines the ntable changes in the prpsed ADU rdinance cmpared t the existing rdinance. The Cuncil may wish t cnsider straw plling the prpsed changes t the rdinance identified in the table t determine if the Cuncil supprts including them in the final draft f the rdinance. ADU Ordinance Summary f Prpsed Changes Regulatin Existing Prpsed Lcatin where ADUs are allwed in the City ADU must be lcated within (1) a permitted residential district, and (2) ½ mile f an peratinal fixed rail statin. ADUs wuld be allwed Citywide as: A cnditinal use in the FR and R-1 zning districts. Permitted use in all ther residential zning districts that already allw duplexes, triplexes and multi-family uses. Permit Limit Nne Nne Building Height Underlying zning district standards apply, hwever ADU may nt be taller than principal dwelling. Shall nt exceed the height f the single family dwelling n the prperty r 17, whichever is less. Exceptin: if the single family dwelling if ver 17, and ADU may be equal t the height f the dwelling up t a maximum f 24 fr pitched rfs and 20 fr flat rfs. Maximum Square Ftage Lt Area Parking 50% f principal dwelling, r 650 square feet, whichever is less. Minimum 5,000 square feet fr detached ADU, n minimum fr attached ADU, hwever lt cverage restrictins apply. One parking stall fr ne bedrm ADU, and tw parking stalls fr tw (r mre) bedrm ADU. Attached ADUs: must cmply with building cverage requirements f underlying zning, may nt ccupy mre than 50% f the grss square ftage f the single family dwelling. Detached ADUs: must cmply with general yard, bulk and height limitatins (21.A.40.050), may nt exceed 650 square feet. N minimum lt area A minimum f ne n-site parking space that is a minimum f 9 wide by 20 deep. Page 5
Planning and Transprtatin Directr may apprve parking waiver if the parking fr the principal dwelling is cmplied with, and: (1) street parking is available immediately in frnt f the lt, (2) the lt is lcated within ¼ mile frm a fixed transit line r arterial street with designated bus rute. Entrance Requirements Existing Windws Additinal entrance nt allwed n frnt façade unless setback 20 feet frm frnt façade. Must be remved if nt cmpliant with ADU regulatin. Tandem Parking may be allwed. Attached ADU: (1) An existing entrance t the single family dwelling, (2) When lcated n a building façade that faces a crner side yard, the entrance shall be setback a minimum f 20 frm the frnt building façade, (3) Exterir stairs leading t an entrance abve the first level f the principal structure shall nly be lcated n the rear elevatin f the building. Detached ADU: Must face an alley, public street r face the rear façade f the single family dwelling n the same prperty. (2) Face a side r rear prperty line prvided the entrance is lcated a minimum f 10 frm the side r rear prperty line. (3) Exterir stairs leading t an entrance shall be lcated a minimum f 10 frm a side r rear prperty line unless the applicable side r rear prperty line is adjacent t an alley, in which case the minimum setback fr the accessry building applies t the stairs. Attached ADUs: N Specific requirements. Detached ADUs: Shall be n larger than necessary t cmply with the minimum building cde requirements fr egress. Glazing shall be used when facing a side r rear prperty line. Page 6
Owner Occupancy Owner ccupancy required in either principal r accessry dwelling. Windws n grund flr f an existing accessry structure may be retained if cmpliant with building/fire cdes, Hwever, windws n secnd level shall be brught int cmpliance with this sectin. Owner ccupancy required in either principal r accessry dwelling. Deed Restrictin Nne Yes. Must be filed with the Cunty Recrder s Office and shall run with the land until the ADU is abandned r revked. Business License Required Required Certificate f Occupancy Nt Required A certificate f ccupancy will be nt granted until the prperty wner cmpletes the registratin prcess. Shrt Term Rentals Des nt address shrt term rentals. Prhibits ADUs frm being used as a shrt term rentals. Rftp Decks Prhibited Prhibited Page 7
POLICY QUESTIONS / POINTS FOR CONSIDERATION In Attachment A - ADUs in SLC Reprt frm Planning Divisin, staff ntes a few ptential cnflicts and ptential changes the Cuncil may wish t cnsider. The fllwing plicy questins highlight these ptential cnflicts. The Cuncil may wish t cnsider straw plling these plicy questins t determine if the Cuncil supprts making changes t the final draft f the rdinance. 1. ADUs are ging t be primarily limited by an existing regulatin fr accessry buildings that limits the cumulative ttal ftprint f all accessry buildings t n mre than 50% f the ftprint f the hme r 720 square feet, whichever is less. (page 5, ADUs in SLC Reprt frm Planning Divisin) A better apprach fr the City t cnsider wuld be t limit an individual accessry dwelling t be a maximum f 50% f the ftprint f the principal building and use a rear yard cverage t determine the maximum cumulative size. Des the Cuncil wish t cnsider amending r eliminating the maximum ftprint requirements fr accessry structures pertaining t ADUs 2. Ptential cnflict with State Statute (page 5: transmittal letter) Utah Cde 10-6-160(3)(a) states that a city shall cmplete an initial plan review fr a ne t tw family dwelling r twnhme by n later than 14 business days after the day n which the plan is submitted t the twn. This is due t the Zning Certificate requirement and 30 day hld fr nticing Des the Cuncil wish t cnsider amending r eliminating the 30 day hld t btain the zning certificate? 3. Prpsed Owner Occupancy requirements may be t restrictive (page 6-7:Transmittal Letter and pages 7-8: ADUs in SLC Reprt frm Planning Divisin) If the gal f the wner ccupancy requirements is t avid absentee wners, the current requirements may be mre restrictive than necessary Pages 7-8 f the Planning Divisin reprt utlines sample language fr a simplified definitin f Owner Occupied. Des the Cuncil wish t cnsider making changes t the Owner Occupied requirement? 4. Streamline prcess by making attached ADUs a permitted use in all zning districts. (page 8: ADUs in SLC Reprt frm Planning Divisin) Planning Staff ntes that internal ADUs d nt have the same physical impacts n a prperty as a detached ADU. Allwing them as permitted in all zning districts wuld result in mre ADUs being built in the City. Des the Cuncil wish t further discuss this ptential change t the ADU rdinance? Page 8
5. Allw fr the ADU parking requirement t be eliminated even if the primary dwelling des nt meet the current parking requirement. (pages 8-9: ADUs in SLC Reprt frm Planning Divisin) Planning Staff ntes many lder prperties in the City d nt meet current parking requirements and culd nt qualify fr a waiver. Des the Cuncil wish t further discuss ptential changes t the parking requirements f the ADU rdinance? 6. Ntice t Neighbrs (page 9: ADUs in SLC Reprt frm Planning Divisin) The prpsed rdinance includes a requirement fr a zning certificate and requires a 30 day ntice perid befre the certificate can be issued. The purpse is t let the prperty wners knw that a building permit has been submitted fr an ADU, thugh this des nt create any appeal rights fr the neighbrs. Des the Cuncil wish t further discuss ptential changes t the nticing requirements f the ADU rdinance? 7. Business License Requirement (page 9: ADUs in SLC Reprt frm Planning Divisin) If an ADU is ccupied by a family member, there may nt be a rental cntract r any srt f financial transactin, and any rental unit is already required t have a business license Des the Cuncil wish t cnsider amending r eliminating the business licensing requirements f the ADU rdinance? 8. Abandnment f an ADU(page 9: ADUs in SLC Reprt frm Planning Divisin) Planning Staff ntes the abandnment sectin f the ADU rdinance may be difficult t enfrce. Des the Cuncil wish t ask the Administratin if they have recmmendatins fr further clarificatins t the abandnment sectin f the ADU rdinance The fllwing infrmatin was prvided fr the April 10 wrk sessin briefing. It is prved again fr backgrund purpses. ISSUE AT A GLANCE The Cuncil will receive a fllw-up briefing abut an rdinance that wuld amend the City's Accessry Dwelling Unit (ADU) regulatins. ADUs are small apartments that share a lt with a single-family hme. They can be basement apartments, abve and inside garages, r entirely separate buildings. Currently, new ADU permits are nly available fr prperties lcated a half mile r less frm a fixed rail transit stp. The Cuncil discussed the ADU rdinance during many briefings in 2017. During the December 5, 2017 wrk sessin the Cuncil cnducted a straw pll and vted unanimusly t send the ADU rdinance back Page 9
t the Planning Divisin fr mdificatins and return t the Cuncil with a revised rdinance fr cnsideratin, particularly related t recmmendatins t cnsider ADUs as a cnditinal use permit. Based n the Cuncil s feedback, Planning Staff transmitted a revised ADU rdinance that incrprates the fllwing changes: 6. Eliminate the bundary in the Planning Cmmissin Prpsal allw ADUs citywide. a. Make ADUs a cnditinal use in the FR (Fthill Residential District) and R-1 (Single Family Residential) zning districts. These are the zning districts that nly allw detached single family dwellings. b. Allw ADUs a permitted use in all ther residential zning districts that already allw duplexes, triplexes, and multi-family as permitted uses. (SR-1, SR-3, R-2 RMF-30 RMF-35, RMF-45, RMF-75, RB R-MU-35, R-MU-45, R-MU, and RO) 7. Prhibit ADUs frm being used as shrt term rentals. 8. Require prperties with ADUs t have a deed restrictin stating that the wner must ccupy the prperty. 9. Prvide different standards fr Attached and Detached ADUs. 10. Amend the wrding f sme standards fr clarity. 11. Add design standards t address cmpatibility with principle structures. OUTLINE OF PLANNING STAFF REPORT The Administratin s Transmittal Letter is divided up int the fllwing sectins: ADUs and the Cnditinal Use Prcess (pages 2-4) Impact t Planning Divisin and Planning Cmmissin Wrklads (pages 4-5) ADUs and Shrt-term Rentals (pages 5-6) Addressing Enfrcement Issues (pages 6-7) Technical Issues assciated with Planning Cmmissin Recmmendatin (page 7) Hw the Ordinance Address Cncerns Raised by Neighbrs (pages 7-8) ADUs in SLC Reprt frm Planning Divisin (Attachment A) Histry f ADUs in SLC (pages1-3) What the City can expect frm the updated ADU rdinance (pages 3-5) University f Utah Urban Design Studi Study (pages 5-6) Hw the ADU rdinance culd help address Husing Issues (pages 6-7) Other Pssible Imprvements t ADU rdinance (pages 7-9) PUBLIC PROCESS GOING FORWARD One f the majr cncerns expressed last year abut the ADU rdinance is that the public was nt adequately ntified abut the changes. Especially because the Cuncil was cnsidering allwing them Citywide, many felt a mre significant utreach effrt t the public was needed. The Cuncil may wish t discuss what type f public utreach shuld be cnducted ging frward. At a minimum, the Cuncil culd cnsider the ntificatin tls belw t invite the public t prvide feedback n the changes. The Cuncil schedule wuld autmatically include a new public hearing, and pssibly mre than ne, as has been the Cuncil s practice fr large issues. The Cuncil may als cnsider requesting additinal utreach, such an pen huse r ther public meetings. The fllwing list utlines public engagement tls that Cuncil staff uses: Direct email t Cmmunity Cuncil Chairs/recgnized cmmunity rganizatins Include key dates Include link t Open City Hall (OCH) site Page 10
Prvide an ptin t be added t the email list fr the tpic. Ask them t share with their membership lists Open City Hall Includes key meeting dates Ways t prvide feedback Fact sheet Distribute infrmatin via website/email updates/scial media Link t OCH website Ways t prvide feedback Pstcard mailing r ther ntificatin abut prpsed changes (delivered citywide t all residential prperties) Fllwing Cuncil actin, prvide infrmatin back t thse wh have prvided feedback r asked questins thrughut the prcess. ADDITIONAL INFORMATION The City s existing ADU rdinance has been in effect since September 2012. Accrding t Planning Staff, City staff has respnded t dzens f inquiries frm residents interested in establishing an ADU. Hwever, nly ne ADU has been cnstructed since 2012. Staff fund that the primary reasn the rdinance failed t achieve its purpse is the requirement t lcate ADUs within ne-half mile f an peratinal fixed transit stp, which narrws the applicability f the rdinance. In June f 2014, frmer Mayr Ralph Becker initiated a petitin t amend the City s ADU regulatins. Over the curse f 2017, the Cuncil held seven briefings n the prpsed ADU rdinance. There were many revisins t the rdinance. Attachment B - Cuncil Staff Reprt, December 5, 2017, includes a summary f the straw plls the Cuncil cnducted ver the curse f the many briefings. Additinally, the Cuncil received lts f feedback frm interested cnstituents abut the prpsed ADU rdinance. Attachment C includes the mst current ADU Open City Hall and Cuncil Office Public Cmment Matrix. A general summary f the cmments and cncerns includes: Parking Privacy Maintenance f prperty Used as shrt term rentals Building and site design (scale primarily, but als sme desire t have ADU match existing architecture f principal structure) Height, size, setbacks, etc. Taking int accunt lcal cntext (cmparing a prpsed ADU t what is arund it in terms f size) Access (parking access, entrances t ADU) Utility capacity Owner ccupancy Number f peple living in an ADU Revking an ADU apprval ADUs essentially change single family zning Apprpriateness f a bundary Pssible Fair Husing cncerns Sample ADU drawings that culd be used t cnstruct an ADU Page 11
ADU fcused staff persn t help navigate the prcess Enfrcing the regulatins Abating nuisances Negative impact n neighbrhd character Enfrcement/cmpliance issues Summary f Cuncil requested changes On December 5, 2017 the City Cuncil held the final wrk sessin discussin n ADUs fr 2017. At that meeting, the Cuncil asked that the Planning Divisin t take back the prpsed ADU rdinance fr further refinement and cnsider including the fllwing items in the revisins: Cnsider using the cnditinal use prcess fr reviewing ADUs; Address issues related t using ADUs as shrt term rental units; Address enfrcement issues, particularly thrugh recrding deed restrictins fr apprved ADUs; Crrect sme f the technical issues assciated with the prpsed rdinance s that it is easier t understand and administer; and Review sme f the public cncerns with ADUs and cnsider addressing thse cncerns Since these changes are within the scpe f the petitin, and the Cuncil has the ability t mdify recmmendatins frm the Planning Cmmissin. The Cuncil felt the changes did nt need t g back t the Planning Cmmissin fr cnsideratin and they did nt request the Planning staff t d additinal public utreach n the prpsed changes t the rdinance. Summary/Cmparisn f Changes The fllwing table utlines the ntable changes in the prpsed ADU rdinance cmpared t the existing rdinance. ADU Ordinance Summary f Prpsed Changes Regulatin Existing Prpsed Lcatin where ADUs are allwed in the City ADU must be lcated within (1) a permitted residential district, and (2) ½ mile f an peratinal fixed rail statin. ADUs wuld be allwed Citywide as: A cnditinal use in the FR and R-1 zning districts. Permitted use in all ther residential zning districts that already allw duplexes, triplexes and multi-family uses. Permit Limit Nne Nne Building Height Underlying zning district standards apply, hwever ADU may nt be taller than principal dwelling. Shall nt exceed the height f the single family dwelling n the prperty r 17, whichever is less. Exceptin: if the single family dwelling if ver 17, and ADU may be equal t the height f the dwelling up t a maximum f 24 fr pitched rfs and 20 fr flat rfs. Page 12
Maximum Square Ftage Lt Area Parking 50% f principal dwelling, r 650 square feet, whichever is less. Minimum 5,000 square feet fr detached ADU, n minimum fr attached ADU, hwever lt cverage restrictins apply. One parking stall fr ne bedrm ADU, and tw parking stalls fr tw (r mre) bedrm ADU. Attached ADUs: must cmply with building cverage requirements f underlying zning, may nt ccupy mre than 50% f the grss square ftage f the single family dwelling. Detached ADUs: must cmply with general yard, bulk and height limitatins (21.A.40.050), may nt exceed 650 square feet. N minimum lt area A minimum f ne n-site parking space that is a minimum f 9 wide by 20 deep. Planning and Transprtatin Directr may apprve parking waiver if: (1) street parking is available immediately in frnt f the lt, (2) the lt is lcated within ¼ mile frm a fixed transit line r arterial street with designated bus rute. Entrance Requirements Additinal entrance nt allwed n frnt façade unless setback 20 feet frm frnt façade. Tandem Parking may be allwed. Attached ADU: (1) An existing entrance t the single family dwelling, (2) When lcated n a building façade that faces a crner side yard, the entrance shall be setback a minimum f 20 frm the frnt building façade, (3) Exterir stairs leading t an entrance abve the first level f the principal structure shall nly be lcated n the rear elevatin f the building. Detached ADU: Must face an alley, public street r face the rear façade f the single family dwelling n the same prperty. (2) Face a side r rear prperty line prvided the entrance is lcated a minimum f 10 frm the side r rear prperty line. Page 13
Existing Windws Must be remved if nt cmpliant with ADU regulatin. (3) Exterir stairs leading t an entrance shall be lcated a minimum f 10 frm a side r rear prperty line unless the applicable side r rear prperty line is adjacent t an alley, in which case the minimum setback fr the accessry building applies t the stairs. Attached ADUs: N Specific requirements. Detached ADUs: Shall be n larger than necessary t cmply with the minimum building cde requirements fr egress. Glazing shall be used when facing a side r rear prperty line. Owner Occupancy Owner ccupancy required in either principal r accessry dwelling. Windws n grund flr f an existing accessry structure may be retained if cmpliant with building/fire cdes, Hwever, windws n secnd level shall be brught int cmpliance with this sectin. Owner ccupancy required in either principal r accessry dwelling. Deed Restrictin Nne Yes. Must be filed with the Cunty Recrder s Office and shall run with the land until the ADU is abandned r revked. Business License Required Required Certificate f Occupancy Nt Required A certificate f ccupancy will be nt granted until the prperty wner cmpletes the registratin prcess. Shrt Term Rentals Des nt address shrt term rentals. Prhibits ADUs frm being used as a shrt term rentals. Rftp Decks Prhibited Prhibited Cnditinal Use Prcess Summary Accrding t the transmittal letter (page 2), the cnditinal use prcess was chsen because: It is a public prcess that allws neighbrs the pprtunity t help identify specific impacts; Page 14
The apprval bdy is the Planning Cmmissin, nt staff; and The zning rdinance already has a list f detrimental impacts that are t be cnsidered when reviewing a cnditinal use. Legally the City cannt deny a cnditinal use based n lack f supprt. The nly way a cnditinal use can be denied is if there is a detrimental impact that cannt be reasnably mitigated. The cnditinal use prcess des prvide the City with additinal enfrcement tls if an wner f an ADU vilates any applicable regulatin r cnditin f apprval. A Cnditinal Use is defined by the City s zning rdinance as: A land use which, because f its unique characteristics r ptential impact n the municipality, surrunding neighbrs r adjacent land uses, may nt be cmpatible r may be cmpatible nly if certain cnditins are required that mitigate r eliminate the negative impacts. Cnditinal uses are allwed unless apprpriate cnditins cannt be applied which, in the judgment f the planning cmmissin, r administrative hearing fficer, wuld mitigate adverse impacts that may arise by intrducing a cnditinal use n the particular site. 21.A.54.080: Standards fr Cnditinal Uses utlines the standards that must be met in rder fr a cnditinal use t be apprved: Apprval Standards: A cnditinal use shall be apprved unless the planning cmmissin, r in the case f administrative cnditinal uses, the planning directr r designee, cncludes that the fllwing standards cannt be met: The use cmplies with applicable prvisins f this title; The use is cmpatible, r with cnditins f apprval can be made cmpatible, with surrunding uses; The use is cnsistent with applicable adpted city planning plicies, dcuments, and master plans; and The anticipated detrimental effects f a prpsed use can be mitigated by the impsitin f reasnable cnditins. Detrimental Effects Determinatin: In analyzing the anticipated detrimental effects f a prpsed use, the planning cmmissin, r in the case f administrative cnditinal uses, the planning directr r designee, shall determine cmpliance with each f the fllwing: This title specifically authrizes the use where it is lcated; The use is cnsistent with applicable plicies set frth in adpted citywide, cmmunity, and small area master plans and future land use maps; The use is well suited t the character f the site, and adjacent uses as shwn by an analysis f the intensity, size, and scale f the use cmpared t existing uses in the surrunding area; The mass, scale, style, design, and architectural detailing f the surrunding structures as they relate t the prpsed have been cnsidered; Access pints and driveways are designed t minimize grading f natural tpgraphy, direct vehicular traffic nt majr streets, and nt impede traffic flws; The internal circulatin system is designed t mitigate adverse impacts n adjacent prperty frm mtrized, nnmtrized, and pedestrian traffic; The site is designed t enable access and circulatin fr pedestrian and bicycles; Access t the site des nt unreasnably impact the service level f any abutting r adjacent street; Page 15
The lcatin and design f ff street parking cmplies with applicable standards f this cde; Utility capacity is sufficient t supprt the use at nrmal service levels; The use is apprpriately screened, buffered, r separated frm adjining dissimilar uses t mitigate ptential use cnflicts; The use meets city sustainability plans, des nt significantly impact the quality f surrunding air and water, encrach int a river r stream, r intrduce any hazard r envirnmental damage t any adjacent prperty, including cigarette smke; The hurs f peratin and delivery f the use are cmpatible with surrunding uses; Signs and lighting are cmpatible with, and d nt negatively impact surrunding uses; and The prpsed use des nt undermine preservatin f histric resurces and structures. Cnditins Impsed: The planning cmmissin may impse n a cnditinal use any cnditins necessary t address the freging factrs which may include, but are nt limited t: Cnditins n the scpe f the use; its character, lcatin, hurs and methds f peratin, architecture, signage, cnstructin, landscaping, access, lading and parking, sanitatin, drainage and utilities, fencing and screening, and setbacks; and Cnditins needed t mitigate any natural hazards; assure public safety; address envirnmental impacts; and mitigate dust, fumes, smke, dr, nise, vibratins; chemicals, txins, pathgens, gases, heat, light, and radiatin. POLICY QUESTIONS / POINTS FOR CONSIDERATION 9. The Cuncil may wish t weigh the benefits f ADUs with the cncerns that have been raised. Des the Cuncil feel the prpsed rdinance sufficiently balances the Cuncil pririties with the benefits and cncerns which have been raised? The purpse statement f the prpsed ADU rdinance utlines sme ptential r intended benefits: Create new husing units Prvide mre husing ptins in residential districts Allw mre efficient use f existing husing stck Supprt affrdable husing ptins Supprt transit riented develpment and reduce autmbile dependency Supprt ecnmic viability f histric structures Additinally, thugh nt in the purpse statement: Supprt aging in place fr lder residents Cncerns that have been raised in relatin t ADUs include: Negatively impacting the character f single-family residential neighbrhds thrugh increased density Impacts t adjacent prperties due t pr building and site designs Lss f privacy and general nuisance issues Increases traffic and parking issues Inability t adequately enfrce the rdinance and mnitr fr these impacts In Attachment A - ADUs in SLC Reprt frm Planning Divisin, staff ntes a few ptential cnflicts and ptential changes the Cuncil may wish t cnsider. The Cuncil may wish t further discuss these items with the administratin. Page 16
10. Ptential cnflict with State Statute (page 5: transmittal letter) Utah Cde 10-6-160(3)(a) states that a city shall cmplete an initial plan review fr a ne t tw family dwelling r twnhme by n later than 14 business days after the day n which the plan is submitted t the twn. This is due t the Zning Certificate requirement and 30 day hld fr nticing Des the Cuncil wish t discuss this ptential cnflict with the Administratin? 11. Prpsed Owner Occupancy requirements may be t restrictive (page 6-7:Transmittal Letter and pages 7-8: ADUs in SLC Reprt frm Planning Divisin) If the gal f the wner ccupancy requirements is t avid absentee wners, the current requirements may be mre restrictive than necessary Pages 7-8 f the Planning Divisin reprt utlines sample language fr a simplified definitin f Owner Occupied. Des the Cuncil wish t cnsider making changes t the Owner Occupied requirement? 12. Streamline prcess by making attached ADUs a permitted use in all zning districts. (page 8: ADUs in SLC Reprt frm Planning Divisin) Planning Staff ntes that internal ADUs d nt have the same physical impacts n a prperty as a detached ADU. Allwing them as permitted in all zning districts wuld result in mre ADUs being built in the City. Des the Cuncil wish t further discuss this ptential change t the ADU rdinance? 13. Allw fr the ADU parking requirement t be eliminated even if the primary dwelling des nt meet the current parking requirement. (pages 8-9: ADUs in SLC Reprt frm Planning Divisin) Planning Staff ntes many lder prperties in the City d nt meet current parking requirements and culd nt qualify fr a waiver. Des the Cuncil wish t further discuss ptential changes t the parking requirements f the ADU rdinance? 14. Ntice t Neighbrs (page 9: ADUs in SLC Reprt frm Planning Divisin) The prpsed rdinance includes a requirement fr a zning certificate and requires a 30 day ntice perid befre the certificate can be issued. The purpse is t let the prperty wners knw that a building permit has been submitted fr an ADU, thugh this des nt create any appeal rights fr the neighbrs. Des the Cuncil wish t further discuss ptential changes t the nticing requirements f the ADU rdinance? 15. Business License Requirement (page 9: ADUs in SLC Reprt frm Planning Divisin) If an ADU is ccupied by a family member, there may nt be a rental cntract r any srt f financial transactin, and any rental unit is already required t have a business license Page 17
Des the Cuncil wish t discuss the business licensing requirements f the ADU rdinance? 16. Abandnment f an ADU(page 9: ADUs in SLC Reprt frm Planning Divisin) Planning Staff ntes the abandnment sectin f the ADU rdinance may be difficult t enfrce. Des the Cuncil wish t ask the Administratin if they have recmmendatins fr further clarificatins t the abandnment sectin f the ADU rdinance Page 18