Salt Lake City passes new accessory dwelling unit ordinance. Will it ease affordability?

SALT LAKE CITY — Following months of meetings and discussions on a proposed new accessory dwelling unit ordinance, which got contentious at points, Salt Lake City Council Vice Chairwoman Victoria Petro-Eschler seemingly sighed with relief after her colleagues voted.

The council voted unanimously Tuesday night to approve the ordinance, which eliminates conditional use requirements for detached accessory dwelling units, commonly referred to as ADUs, in single-family residential zones, and made other changes to the code.

Members of the council say it's one possible solution to increasing housing stock and solving housing affordability in the city. The final ordinance was crafted after all sorts of comments on what should be included in the law as it went through the public process.

"I have never been more thankful to say that something has been passed," Petro-Eschler said with a chuckle after the vote.

What's in Salt Lake's plan?

An accessory dwelling unit is a secondary residence that exists within the lot of a single-family home, which essentially allows for more people to live on the designated lot. There are two types in Salt Lake City's code: internal accessory dwelling units are residences within the same building, while detached accessory dwelling units are structures built outside the single-family home.

Allowing accessory dwelling units increases population density without tearing down homes. The city already permitted detached or internal accessory dwelling units in some pockets of the city, especially in the Central City and Avenues neighborhood, and parts of the west side. Detached accessory dwelling units required conditional use permits for the other parts of the city, primarily in its southeast corner.

Tuesday's vote followed five previous public council meetings on the issue, which helped hash out the final ordinance. The new ordinance eliminates any conditional use permits and expands the areas where either internal or detached accessory dwelling units are allowed without any conditional use hurdles.

The rule outlines a few other things:

• Only one accessory dwelling unit is allowed per property. The homeowner must also remain on the main property that has such a unit, aside from a few exceptions.
• There is no maximum size for internal accessory dwelling units. The previous rule capped these at 50% of the principal structure's gross square footage. Detached units may not exceed 1,000 square feet in floor area.
• Detached accessory dwelling units can now be as high as 24 feet with an increased setback, matching the maximum allowed before but only if it was as tall as the primary structure. Such units are capped at 17 feet in height if the setback is 10 feet or less from the corner side lot line. The structure must also be 3 feet from the interior side or rear lot lines.
• Accessory dwelling units can't be used for short-term rentals, such as Airbnb.
• There's also a new alley activation requirement, where accessory dwelling units next to alleys must include lighting to light up an alley segment.
• One parking spot is required for an accessory dwelling unit unless it's a quarter-mile from a public transit stop or a half-mile from a city-designated bicycle lane or path or is in a zoning district with no minimum off-street parking requirements.

Other stipulations can be found here.

The council also set aside $1 million for future accessory dwelling unit construction funding support. It also plans to revisit the data in three years to see if the ordinance is working or if more changes are needed.

How it aims to help Salt Lake's housing issues

The primary goal is to "promote an increase in the housing stock within the city" by offering more housing choices, according to the city ordinance. It comes as the city deals with ongoing growth as its population is now larger than it has ever been.

However, the final language was hashed out after leaders and residents alike clashed on what they wanted to see in the ordinance.

Even as the final ordinance became clearer last month, some wanted to remove the homeowner occupancy requirement because they viewed it as a "ball and chain" to the property, while others felt that it could lead to more investment groups snatching up homes from individuals seeking homeownership. There were also calls for the city to help construct more accessory dwelling units, which the city ultimately agreed on.

But many appeared to agree that the intent is vital. Resident Michelle Watts called accessory dwelling units a "missing piece of the pie" when it comes to addressing affordable housing issues in the city, during a public hearing held on March 21. It's a topic that resonates with many people living in the city.

"We simply don't have enough affordable housing," added resident Keiko Jones.

Prior to the vote, members of the City Council reiterated that the final ordinance wasn't exactly what they may have individually wanted but they viewed it as a compromise to move along a very important issue in the city right now.

One thing they did agree on is that it helps eliminate "major administrative barriers" tied to accessory dwelling units.

"Not everybody is going to be able to achieve single-family home ownership or home ownership or maybe they don't want to. ... All the above and more need to have a welcome place in Salt Lake City, and are a welcome part of our community," said Councilman Chris Wharton.

Councilman Alejandro Puy added that the city needs "all the housing that we can get," and he believes the new ordinance is a "part of the solution."

Housing shortages and affordability are not unique to just Salt Lake City or other parts of Utah. It's an issue creeping up all across the country. More accessory dwelling units are one of the solutions that other governments are turning to as they figure out the challenges, said Salt Lake City Council Chairman Darin Mano.

Mano joined the meeting virtually from Philadelphia, where the issue was brought up often at a conference tied to city planning he was attending. He believes the move makes the city one of the leaders in moving it forward.

How well it works in solving the issue remains to be seen, though at least one group hailed the new ordinance — even if it didn't support all the changes.

"(The vote) was an affirmation that ADUs are an important part of Salt Lake City's housing future and its housing goals," said Turner Bitton, of the group SLC Neighbors for More Neighbors. "We are disappointed that the owner occupancy requirement remains, and we appreciate the council's commitment to reconsider the issue in three years."

New measure sets aside more EV-ready parking spots

Meanwhile, the council also voted Tuesday to approve an ordinance that requires developers of new apartment and condominium construction projects to make at least 20% of newly designated parking stalls electric vehicle-ready. That means one out of every five off-street parking stalls must be prepared for wiring needed to set up charging stations.

The city already requires one charging station per 25 off-street parking stalls, and that rule remains in place. The move was made as the number of people owning electric vehicles continues to rise. Utah Tax Commission reports there are now over 25,000 electric cars registered in the state — three times the number reported three years ago.

Electric vehicle advocates celebrated the change in Salt Lake City's infrastructure policy after the vote. They're also calling for other cities to do the same.

"The transportation sector is the largest source of (carbon dioxide) emissions in the U.S.," said Kelbe Goupil, the senior associate of electrification for Utah Clean Energy, in a statement Wednesday. "Smart policies like this help our communities make the transition to low and zero-carbon transportation."

Related topics