Accessory Apartments are separate dwelling units that are within, attached to, or detached from a single-family home. On December 16, 2021, the City Council adopted amendments to the Accessory Apartment code to reduce regulations and incentivize development to meet the community’s pressing need for long-term rentals.
The amendments remove the requirement that the property owner live on site, remove the cap of four Accessory Apartments within a 300-foot radius, allow for detached Accessory Apartments on larger lots, require a long-term rental of 90 days or more, and require public notice and a public hearing for staff-level review.
- Cannot be less than 280 or more than 1,000 square feet
- Cannot be larger than 1/3 of the main home
- Cannot have more than two bedrooms
- Must have one additional on-site parking space per Accessory Apartment bedroom
- Must be rented for more than 90 days
- Can be detached on lots 3,750 square feet or larger
- Must comply with the most restrictive lot regulations, including maximum building footprint, single-family dwelling setbacks, and areas or limits of disturbance
- Require an Administrative Permit approval from the Planning Department with public notice to neighbors and the homeowner association, and a public hearing
Goal 2 of the 2021 Housing Assessment and Plan was to complete these amendments by the end of 2021.
Internal Accessory Dwelling Units (IADUs)
Representative Raymond Ward and Senator Jacob Anderegg introduced H.B. 82 Single Family Modifications to the Utah Legislature during the 2021 session. H.B. 82 pre-empts certain local regulations for what the state defines as Internal Accessory Dwelling Units (IADUs) – a separate dwelling unit built within the existing footprint of a home. The first draft prohibited cities from establishing limitations on the size of an IADU or from requiring additional parking. Eventually, five substitute bills were drafted, each providing more autonomy for municipalities to create IADU regulations appropriate for local communities.
The Utah Legislature enacted the Fifth Substitute, which went into effect on October 1, 2021. H.B. 82 mandates that IADUs are permitted uses in primary residential zones and pre-empts City regulation of IADU size, but allows the City to enact some regulations, including:
- Prohibiting the installation of separate utility meters
- Requiring one additional on-site parking space
- Prohibiting Nightly Rentals
- Prohibiting rental of an IADU if the main home is not the owner’s primary residence
To mitigate IADU development in Park City, the City enacted a restrictive code, only allowing IADUs on properties 6,000 square feet or larger. Please see Land Management Code Section 15-4-7.1 for more information.
Homeowner Associations which have CCRs regarding IADUs should consult with their own legal counsel as H.B. 82 also amended Utah Code § 57-8a-209:
(10) Notwithstanding Subsection (1)(a), an association may not restrict or prohibit the rental of an internal accessory dwelling unit, as defined in Section 10-9a-530, constructed within a lot owner's residential lot, if the internal accessory dwelling unit complies with all applicable: (a) land use ordinances; (b) building codes; (c) health codes; and (d) fire codes.
For questions or to provide public input, please email email@example.com or call 385-290-0789.