Accessory Dwelling Units (ADUs) in single-household residential zones are an important tool in the overall housing goals and needs of the City and allow for alternative and flexible housing options in owner-occupied single-household dwellings. The purposes of the ADU standards of this code are to:

1. Create new housing units while respecting the appearance, neighborhood character, and scale of single-household residential development.
2. Provide more housing choices in residential zones.
3. Allow more efficient use of existing housing and large yards.
4. Provide housing options for family caregivers, adult children, aging parents, and families seeking 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. Broaden the range of affordable housing options throughout the City.

The City’s intent in adopting this ordinance is not to increase the density of the underlying zone designation. An ADU shall always be an accessory use to the principal dwelling.

Properties are eligible for an accessory dwelling unit if:

1. The property is owner occupied,
2. The use of the property at the time of application and at any time thereafter is single-household residential, and
3. The property is in an R-1 or A zone.

1. Internal ADUs are a permitted use as set forth in Utah Code Section 10-9a-530, with additional requirements set forth in MKZ 18.71.070.
2. Attached and Detached ADUs are permitted uses in the R-1 and A zones are subject to the design standards of this chapter.

A property owner may request a review to determine the compliance of an accessory dwelling unit. This request shall be conducted following the procedure as set forth in MKZ 18.15.030 (E). The Planning Director shall issue a Compliance Determination in writing. If the Planning Director determines that an Accessory Dwelling Unit complies with the standards of this chapter, then a notice of compliance shall be recorded on the property at the Salt Lake County Recorder’s Office. Notices that demonstrate compliance with the City’s land use regulations and state statute shall include, at a minimum, the following:

1. A description of the primary dwelling;
2. A statement that the primary dwelling or property contains an ADU;
3. A statement that the primary dwelling or property is owner-occupied; and
4. A statement that the ADU may only be used in accordance with the City’s land use regulations.

1. An accessory dwelling unit shall not be sold separately or subdivided from the principal dwelling unit or property.
2. A property may have either an internal or attached ADU as part of a primary dwelling, or a detached ADU on the lot or parcel that is shared with the primary dwelling. No property may have more than one ADU.
3. The design and size of the ADU shall conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health, and any other applicable codes. When a new ADU is proposed in an existing single-household dwelling, the entire ADU shall comply with all applicable standards.
4. The installation of separate utility meters is prohibited.
5. An ADU shall comply with the regulations of the underlying zone for accessory buildings. Where the provisions in this chapter are inconsistent with provisions found in any other chapters of City ordinances, the most restrictive provisions shall apply.
6. Design Standards. The ADU, attached or detached, shall incorporate at least one of the exterior materials used in the principal dwelling for 20 percent of all structure facades. The ADU must have a pitched roof unless the principal dwelling has a flat roof, in which case an ADU may have a flat roof or a pitched roof. The ADU shall maintain the same color of the primary dwelling for at least 50 percent of all facades.
7. ADUs may not be built within a recorded easement.
8. Additional requirements for internal ADUs shall be as set forth in MKZ 18.71.070.
9. Additional requirements for attached ADUs shall be as set forth in MKZ 18.71.080.
10. Additional requirements for detached ADUs shall be as set forth in MKZ 18.71.090.

Internal ADUs are regulated pursuant to Utah Code Section 10-9a-530, and additionally shall:

1. Not change the appearance of the primary dwelling as a single-household dwelling;
2. Be prohibited from having separate utility meters from the primary dwelling; and
3. Be prohibited in a mobile home or manufactured home.

Attached ADUs are permitted, subject to the following standards:

1. The entrance for the attached ADU shall not be visible from a public right-of-way.
2. The occupancy limit for an attached ADU is two adults and any number of children.
3. The lot or parcel coverage for an attached ADU is determined by the underlying zone standards.

1. A detached ADU shall be a permanent structure. Trailers, mobile homes, and other portable structures, especially structures with wheels, shall not be permitted as a detached ADU.
2. A detached ADU is not eligible for The Neighborhood Compatibility Modification provisions found in MKZ 18.34 or MKZ 18.36.
3. A detached ADU shall not be used as a short-term rental.
4. Exterior lighting shall provide illumination directed downward and shall follow the standards as set forth in MKZ 18.68, Outdoor Lighting. Light sources shall not be visible from abutting properties.
5. Windows on a façade, located within 15 feet of an abutting property containing a single-household, twin home, or duplex dwelling, shall be fixed (non-operable) and translucent or shall be installed skylights.
6. Entrances, parking, and stairways within 15 feet of an abutting property shall not be visible from the abutting property. This may be done with a fence along the side and rear property lines, landscaping that is dense enough to obscure activity or by placing the entrances and stairs out of view of abutting properties. Corner properties with ADU entrances facing a right-of-way are not required to screen the entrance if not facing the same right-of-way as the primary dwelling entrance.
7. Detached ADUs shall not be built on slopes of 30 percent or greater.
8. Balconies on the second story of an ADU are prohibited.
9. Exterior stairways and landing shall not encroach into a setback.

If a property owner is found to be in violation of this title the City may revoke the use of an ADU on the property.

The property owner may request to have an ADU be given a separate address from the primary dwelling. A property owner requesting an additional address and shall submit for a site plan review to the City Planning and Zoning Department and pay any associated fees.

1. In addition to any other legal or equitable remedies available to a municipality, City may hold a lien against a property that contains an internal accessory dwelling unit if:
   1. The owner of the property violates any provisions of this Title, and any other applicable section of the code;
   2. The City provides a written notice of violation in accordance with section B;
   3. The owner of the property fails to cure the violation within the time period prescribed in the written notice;
   4. The City provides a written notice of lien in accordance with MKZ 18.71.120(C);
   5. The City records a copy of the written notice of lien with the County Recorder.
2. The written notice of violation shall:
   1. Describe the specific violation;
   2. Provide the owner of the ADU a reasonable opportunity to cure the violation that is:
      1. At least 14 days after the day on which the City sends the written notice of violation, if the violation results from the owner renting or offering to rent the ADU as a short-term rental; or
      2. At least 30 days after the day on which the City sends the written notice of violation, for any other violation.
   3. State that if the owner of the property fails to cure the violation within the time period described above, the City may hold a lien against the property in an amount of up to $100 for each day of violation after the day on which the opportunity to cure the violation expires;
   4. Notify the owner of the property:
      1. That the owner of the property may file an appeal of the notice of violation within 10 days after the day on which the written notice of violation is postmarked or posted on the property; and
      2. Of the name and address of the City office where the owner of the property may file the written objection;
   5. Be mailed to:
      1. The property’s owner of record; and
      2. Any other individual designated to receive notice in the owner’s license or permit records; and
   6. Be posted on the property.
3. The written notice of lien shall:
   1. Comply with Utah Code Section 38-12-102;
   2. State that the property is subject to a lien;
   3. Specify the lien amount, in an amount of up to $100 for each day of violation after the day on which the opportunity to cure the violation expires;
   4. Be mailed to:
      1. The property’s owner of record; and
      2. Any other individual designated to receive notice in the owner’s license or permit records; and
   5. Be posted on the property.
4. Appeals. A property owner that receives a written notice of violation or a written notice of lien may file an appeal in accordance with MKZ 18.04, Appeals.
   1. If the owner of property files a written objection to a notice of violation, the City may not record a lien until a hearing is held to determine that the specific violation occurred.
   2. If the City determines at the hearing that the specific violation has occurred, the City may impose a lien in an amount of up to $100 for each day of violation after the expiration of the opportunity to cure the violation, regardless of whether the hearing is held after that day.
   3. If the owner of property cures a violation within the time period prescribed in the written notice of violation, the City may not hold a lien against the property, or impose any penalty or fee on the owner, in relation to the specific violation described in the written notice of violation.
5. Upon issuing a permit or business license for an ADU, the City may record a notice in the Salt Lake County Recorder’s Office. Upon recording a notice, the City shall deliver a copy of the notice to the property owner via First Class Mail. The notice shall include:
   1. A description of the primary dwelling;
   2. A statement that the primary dwelling contains an ADU; and
   3. A statement that the ADU may only be used in accordance with City ordinances.

1. Existing buildings in Millcreek that were permitted prior to September 17, 2021, that are intended to be used as an ADU and cannot satisfy the standards set forth in this chapter must file an application to have a structure declared a noncomplying structure and then follow the application process for a Nonconformities Determination as set forth in MKZ 18.15.040 (A) and MKZ 18.60.090 to have the use legally established. A property with an existing guest house does not qualify for an additional detached ADU. By definition, a guest house may not be rented out or leased. If a property owner wants to convert a guest house to a detached ADU the property owner must follow all applicable processes and design requirements for detached ADUs.
2. Attached Accessory Dwelling Unit Conversions
   1. A portion of a building attached to the primary dwelling that is noncomplying and was legally established as determined under MKZ 18.60, Nonconformities, may be converted or expanded for the purpose of converting or enlarged for the purpose of converting, into an ADU upon permit authorized by the Land Use Hearing Office provided that the Land Use Hearing Officer shall find that:
      1. The primary dwelling, or portion thereof, is no less than three feet (3’) from the side and rear property lines;
      2. The attached ADU does not have a light source projecting onto abutting properties;
      3. The attached ADU does not have any balconies, porches, or windows facing abutting property owners, unless facing a property located in an R-M, C-1, or C Zone.
      4. The attached ADU does not protrude higher than the measured height of the existing noncomplying structure being expanded as measured from original ground surface.
      5. The attached ADU can accommodate all required parking on the property, and does not violate the required off-street parking standards, including parking requirements of this title.
3. Detached Accessory Dwelling Unit Conversions
   1. A detached building that complies with all applicable height, building envelope, setback, and property coverage requirements may be converted, or expanded for the purpose of converting, or enlarged for the purpose of converting, to an accessory dwelling unit, provided the existing setbacks of the detached building are not further reduced and the structure complies with or can be altered to comply with the applicable sections of the adopted building and fire codes of the City.
   2. A detached building, that is noncomplying and was legally established as determined under MKZ 18.60, Nonconformities, may be converted, or expanded for the purpose of converting, or enlarged for the purpose of converting, to an accessory dwelling unit upon permit authorized by the Land Use Hearing Office provided that the Land Use Hearing Officer shall find:
      1. The side or rear setbacks of the detached building are not further reduced to accommodate the ADU;
      2. The detached building does not have a light source projecting onto an abutting property;
      3. The facade of the detached building located within five feet (5’) and facing an abutting property line, does not have any balconies, porches, landings, stairs, doors, or windows;
      4. For properties with rear yards that abut an RM, C-1, or C Zone, the detached building does not exceed 24 feet in height;
      5. For all properties, located abutting a Residential Zone Boundary or a legally-established residential dwelling, the detached building does not protrude higher than the measured height of the existing noncomplying structure being expanded;
      6. Does not create any new visual impacts that a fence or wall cannot otherwise mitigate;
      7. The detached ADU can accommodate all required parking on the property, and does not violate or diminish the required off-street parking standards, including parking requirements of this title;
      8. Does not violate applicable standards and regulations outlined in the applicable zoning district;
      9. The structure or proposed expansion of the structure is not within any recorded easement;
      10. Does not result in runoff or drainage from the accessory building onto an abutting property;
      11. The detached building shall meet all other requirements of MKZ 18.71.090, except as provided otherwise in this section; and
      12. Meets the applicable sections of the adopted building and fire codes of the City.
4. The Land Use Hearing Officer may impose conditions and limitations upon issuance of a permit for an addition to, enlargement of, moving of, or reconstruction of a structure as necessary to prevent or mitigate adverse effects on other properties located in the neighborhood of the subject property, consistent with the standards of this Title.