A. Accessory Dwelling Units:
1. Definition of Accessory Dwelling Unit: A subordinate dwelling, which has its own eating, sleeping, and sanitation facilities which is:
a. Within or attached to a single-family residential building, or
b. Within a detached accessory structure associated with a single-family dwelling.
2. Purpose and Intent: The purpose and intent of this section is to recognize the residential character of the City of North Salt Lake and to provide for supplementary living accommodations in the community, as well as provide for supplementary income opportunities of property owners. These provisions are intended to provide for affordable housing with reasonable limitations to minimize the impact on neighboring properties and neighborhoods, and to promote the health, safety, and welfare of the property owners and residents of accessory dwelling units.
3. Owner Occupied: No accessory dwelling unit shall be created, established, or occupied in a single-family dwelling unless the owner of the property occupies either a portion of the main dwelling or a detached accessory unit on the same single-family lot. For the purpose of this section, the term "owner occupied" shall be defined as full time residency within the home by the bona fide property owner(s) as shown on the Davis County tax assessment rolls. Owner occupancy for a dwelling with an accessory dwelling unit shall not be required when:
a. The owner cannot live in the dwelling because of a bona fide temporary absence of three years or less for a temporary job assignment, sabbatical, or voluntary service.
b. The owner was living in the dwelling immediately prior to leaving for the temporary job assignment, sabbatical, or voluntary service.
c. The owner intends to make the dwelling his/her primary place of residence upon returning from the temporary job assignment, sabbatical or voluntary service.
4. Dwelling Unit Occupancy: The occupants of an accessory dwelling unit shall be limited by one of the following family categories:
a. One person living alone; or
b. Two (2) or more persons all related by blood, by marriage, by adoption; by legal guardianship or foster children; or
c. Up to four (4) unrelated persons living as a single housekeeping unit.
d. Any of the above categories plus a temporary guest. A "temporary guest" is defined as a person who stays with a family for a period of less than thirty (30) days within any rolling one year period and does not utilize the dwelling as a legal address for any purpose.
e. For purposes of the definition of family, the term "related" shall mean a spouse, parent, child, stepchild, grandparent, grandchild, brother, sister, uncle, aunt, nephew, niece, first cousins, great-grandparent, and great-grandchild. The term "related" does not include other, more distant relationships.
5. Zones: An accessory dwelling unit which meets ordinance requirements may be allowed in a single-family dwelling unit or in a detached accessory structure within any zone upon a single family lot. No accessory dwelling unit may be allowed in any multi-family dwelling or multi-family lot, or on any lot that cannot satisfy the parking, setback, or lot coverage requirements.
6. Number Of Accessory Dwelling units: A maximum of one accessory dwelling unit shall be allowed in each owner occupied single-family dwelling, or in a detached accessory structure associated with a single-family dwelling.
a. Within or Attached to Main Dwelling: Accessory dwelling units may be allowed within or attached to the main residential dwelling (basement or addition), over the garage (attached or detached), or in a detached accessory structure (cottage home, guest house, or tiny home).
b. Setback Standard Compliance: Accessory dwelling units as an addition to a primary dwelling shall meet all minimum setback standards required for the primary dwelling.
c. Behind the Primary Dwelling: An accessory dwelling unit within an accessory structure must meet the minimum of side yard required by the zone for the primary dwelling and a rear yard setback of ten feet (10'), unless no windows, doors, or other openings are adjacent to the property line, in which case the allowed setback shall be five feet (5').
d. Adjacent to the Primary Dwelling: An accessory dwelling unit within the side yard of the primary dwelling are required to meet the same front, side, and rear yard setback as the primary dwelling.
e. Second Story Accessory Dwelling Units: An accessory dwelling unit located in an accessory structure may only be located on a second story if the structure meets the same minimum standards in the zone for height, as well as front, side, and rear setback as the primary dwelling.
8. Appearance: Single family residences with interior accessory dwelling units shall retain the appearance of a single family home. An accessory dwelling unit in an accessory structure shall be designed so that, to the degree reasonably feasible, the appearance of the building is compatible with the architectural components of the primary dwelling unit (e.g., exterior materials, color, and roof pitch).
a. Basement Dwelling Units: Shall be permitted to occupy the entirety of the basement of the primary home regardless of area or bedroom count.
b. Accessory Dwelling Units (Detached Structures): The size of an accessory dwelling unit shall be at least three hundred (300) square feet and shall not exceed twelve hundred (1200) square feet and be limited to no more than two (2) bedrooms.
10. Lot Coverage: The combined building coverage for the detached accessory dwelling units, main dwelling and additional accessory buildings may not be larger than the maximum coverage allowed in the zone for the lot and rear yards per section
10-10-3.
11. Building Entrances: A new single -family structure approved with an accessory dwelling unit attached to or detached from the main dwelling unit, shall have a separate, accessible entrance or stairway. An accessory dwelling unit approved in an existing structure may use existing entrances on any side of the structure that faces a street, or a side or rear entrance. Dwellings with two (2) front doors side by side may not be used to provide separate entrances for each unit with the exception of dwellings where the second door provides direct access to the dwelling basement. The purpose of this requirement is to preserve the single-family residential appearance of the building.
12. Address: The principal dwelling unit and the accessory dwelling unit shall have the same address number, but shall refer to the accessory dwelling unit as unit B. Addresses must be located in a visible location on the street frontage side of the home.
a. A single-family dwelling with an accessory dwelling unit shall provide at least one (1) additional off street parking spaces for the accessory unit, above the minimum spaces required for a single family dwelling. Accessory dwelling unit parking may not be in tandem with required parking of the main dwelling. One additional off street parking space shall be required accessory dwelling units with 2 or more bedrooms. ADU's located within one-quarter (1/4) mile of a bus rapid transit route shall be permitted to reduce the parking requirement by one (1) space for the main dwelling unit.
b. No parking spaces may be located within the front or side yard setbacks adjacent to a street, except for within an approved driveway.
c. The minimum width of parking areas and driveways shall be paved with concrete or asphalt,
14. Separate Living Areas: An accessory dwelling unit must provide living areas for eating, sleeping and sanitation facilities separate from the principal dwelling unit.
15. Building Code: All construction and remodeling shall comply with building codes and ordinance requirements in effect at the time of construction or remodeling, in accordance with Utah state code section 10-9a-511.5, changes to dwellings - egress windows.
16. Utility Meters: A single-family dwelling with an accessory dwelling unit may have separate meters for each water, gas, and electricity utility service. Each utility meter shall be in the property owner's name and the property owner shall be responsible for payment of all utilities. No additional water development or connection fee shall be required, unless a separate utility connection is requested and installed by the property owner.
17. Interior Access: An interior access between the main living area and an attached accessory dwelling unit must be maintained, unless sufficient means of egress have been determined during an inspection by the fire department.
18. Not Intended For Sale: The accessory dwelling unit shall not be intended for sale or detached by deed and shall only be rented.
19. Accessory Dwelling Unit Permit: Any person owning an existing accessory dwelling unit that has not previously been permitted by the city, or any person constructing or causing the construction of a residence that has an accessory dwelling unit, or any person remodeling or causing the remodeling of a residence for an accessory dwelling unit, shall obtain a land use permit for the accessory dwelling unit from the community development department. This shall be in addition to any required building permit for the work to be performed. In order to meet the requirements of the land use permit, the applicant shall:
a. Submit a completed application form including a site plan that shows property lines and dimensions, the location of existing buildings and building entrances, proposed buildings or additions, dimensions from buildings or additions to property lines, the location of parking stalls, and utility meters,
b. Include detailed floor plans with labels on rooms indicating uses or proposed uses,
c. Pay building permit fees, if applicable, for the construction of a new dwelling, or the remodeling of an existing dwelling, in accordance with the established fees and charges,
d. Make all corrections identified as necessary to comply with building code requirements, as identified by the chief building official or his designee, and provide photos of the life safety items required by building code, including carbon monoxide detectors, smoke detectors, and earthquake strapping on water heaters, and
e. Demonstrate and affirm that their property is otherwise in compliance with all other provisions of the zoning ordinance.
20. Exceptions to Standards: The Planning Commission may issue a conditional use permit for ADU's which modify the requirements for an ADU with respect to maximum size, minimum parking, or setback.
a. In approving a conditional use permit the Planning Commission may require additional conditions to mitigate the impact of the ADU on surrounding properties. Specifically the Planning Commission may require:
(1) For ADU's that exceed the maximum size of one thousand two hundred (1,200) sq. ft.: increased setbacks, privacy fencing, limitation on windows and doors adjacent to abutting property lines, and additional parking.
(2) For ADUs with reduced or no additional parking: restrictions on occupancy to tenants without vehicles.
(3) For ADU's with reduced setbacks: privacy fencing and limitation on windows and doors adjacent to abutting property lines.
21. Failure To Complete Or Obtain A Land Use Permit: If the property owner does not obtain a land use permit as outlined above, the accessory dwelling unit shall not be considered legal nor approved. Failure to obtain a land use permit for an existing accessory dwelling unit may result in a citation for a code violation as governed by the process in North Salt Lake City Title 12, Administrative Code Enforcement Hearing Program.
22. Home Occupation Businesses: Home occupation businesses in an accessory dwelling unit shall be restricted to a home office use which creates no customer traffic. No home occupation business shall be established within an accessory dwelling unit without the express written permission of the property owner.
23. Accessory Dwelling Units, Tiny Homes:
a. Only one (1) tiny home shall be permitted as an accessory dwelling unit per residential lot.
b. The tiny home shall be properly connected to water and sewer facilities.
c. The tiny home dwelling structure must be located on a dedicated parking location of asphalt or concrete and have the wheels and axel underbody skirted from view.
d. Building inspections are required for construction of the foundation, as well as to ensure the correct installation of the structure, and to approve the correct connection to the utilities.
e. All manufactured home running gear, tongues, axles and wheels must be removed at the time of installation.
f. The dwelling structure shall be constructed with materials that are weather resistant and aesthetically consistent with the main dwelling.
g. The community development director may approve deviations from the architectural standards on the basis of a finding that the architectural style proposed provides compensation design features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity.
h. The parking shall be the same as subsection 13 of this section.
B. Residential Short Term Rental (STR):
1. Purpose: This section is established to provide regulations and design standards for residential short-term rentals (STRs) related to single family and multi-family neighborhoods. These standards seek to allow for STRs while also protecting the safety and general welfare of North Salt Lake residents and preserving the residential character of City neighborhoods. In allowing STRs, it provides existing property homeowners economic relief who might otherwise be forced to leave a neighborhood, thus promoting and preserving affordable housing in the City of North Salt Lake. This section also intends to stabilize neighborhoods by promoting home ownership and preserving long term rental housing in the market.
2. Residential Short Term Rental (STR): A STR is prohibited in all residential dwellings, Residential Districts, and Residential P Districts without first obtaining a STR land use permit as regulated in this section and issued a valid business license. The following are exempt and shall not be subject to the provisions of this section:
a. A residential lease of thirty (30) or more consecutive days.
b. Bed and breakfasts, RV parks, campgrounds, hotels, and motels, as described and regulated in the North Salt Lake Land Development Code shall not be subject to the provisions of this section.
3. General Standards and Requirements: A STR use may be allowed within any existing legal residential dwelling by an administrative land use permit from the Community Development Department, wherein the application demonstrates compliance with requirements found in the North Salt Lake Land Development Code and all of the following standards and requirements:
a. Application: A completed application form as provided by the City.
b. Property Description: A detailed written description and/or drawing of the property that identifies the use of each room of the dwelling and defines the portions of the dwelling to be used for a STR shall be provided. Only one designated STR area is allowed for a property.
c. Single and Two Family Dwellings:
(1) Only one designated STR area is allowed per property.
(2) Owner Occupancy: The owner of the subject property must reside therein as their primary residence.
(3) An individual shall prove ownership of the property as evidenced by a copy of a transfer deed listing the applicant as the fee title owner. Fee title owner may be an individual or trustor of a family trust that possesses fifty percent (50%) or more ownership of the proposed STR. Fee title owner may not be a corporation, partnership, limited liability company, or similar entity.
(4) To establish that the property is the owner's primary residence, the owner shall:
(A) Present a government issued identification document listing the address of the property as the address of the owner; and
(B) A signed affidavit sworn before a notary public shall be provided by the owner stating that the proposed property is the primary residence of the owner, wherein they reside at least one hundred eighty three (183) days per calendar year.
d. Occupancy During Rental Period: The subject property shall comply with the following occupancy restrictions:
(1) The applicant shall provide the maximum renter occupancy proposed and demonstrate that sufficient parking has been provided off street at a rate of one-half (1/2) space per bedroom or sleeping area, with a minimum of one (1) space.
(2) The property shall not be rented to more than one renter at any given time, and the owner shall not divide and rent out portions of the dwelling to multiple renters at the same time.
(3) A property shall not be exclusively rented as a STR for more than one hundred eighty two (182) nights per year.
(A) The owner may reside on the property while it is occupied by a renter.
(B) The property shall only be rented for a minimum duration of one night and a maximum of thirty (30) consecutive nights.
(4) A two family dwelling or property with a valid land use permit for an accessory dwelling unit may use and rent one of the dwelling units as a STR for up to three hundred sixty five (365) nights per year.
(5) Conflict Of Private Restrictions: The owner shall provide a signed affidavit sworn before a notary public that certifies to the City that the subject property has no existing private covenants, conditions, or restrictions prohibiting STRs.
e. Multifamily Dwellings:
(1) One half (1/2) of the total legal dwelling units on a single property may be permitted as a STR, with a maximum of ten (10) units. The entire dwelling unit which is permitted as an STR must be rented. It is prohibited to rent a single room or portion of a dwelling unit on a multifamily property as a STR.
(2) A dwelling unit may not be rented to more than one renter at any given time. The dwelling unit shall only be rented for a minimum duration of one night and a maximum of thirty (30) consecutive nights. The dwelling unit may be used and rented as a STR for up to three hundred sixty five (365) nights per year.
(3) A long term renter may not sublease their dwelling unit as a STR.
(4) For multifamily properties, the fee title owner may be a corporation, partnership, limited liability company, or similar entity.
(5) An owner of the property is not required to reside therein as their primary residence if a designated employee, manager, or professional management company is available to immediately respond twenty four (24) hours/day, three hundred sixty five (365) days/year by telephone, and when necessary, be able to physically respond within one hour of any legitimate complaint.
f. Parking Plan: A detailed written description and/or a drawing of an off-street parking plan must be provided to ensure that all occupants of the dwelling unit(s) and STR can be accommodated on-site at all times. Parking shall be limited to the existing garage, driveway, and dedicated parking spots of the residential unit and may not include any on-street parking. Shared guest parking as part of a P-District or multi-family dwelling shall only be permitted upon express written approval of the HOA or property management, as applicable. Any proposed parking improvements shall also be included in the off-street parking plan, and must be completed prior to issuance of a STR business license. All elements of the parking plan must be in compliance with all other requirements of this section.
g. Urgent Response: The owner, or a designated representative, shall be available to immediately respond twenty four (24) hours/day, three hundred sixty five (365) days/year by telephone, and when necessary, be able to physically respond within one hour of any legitimate complaint. If the owner is unreachable after three (3) attempted contacts by the City of North Salt Lake, a notice of violation will be issued.
h. Property Maintenance Requirements: All short-term rentals shall adhere to all City ordinances, including, but not limited to:
(1) Maintenance: Owners must adhere to the property maintenance regulations in title 4, "Health And Sanitation" of this Code, as amended, including, but not limited to, requirements for weed abatement, landscaping, garbage removal, structure maintenance, and fence/wall maintenance.
(2) Snow Removal: Owners shall remove all snow from the sidewalks of the property within twenty four (24) hours after snowfall in accordance with section
7-1-2 of this Code, as amended.
i. Noise And Nuisance Control: Owners shall ensure that renters adhere to the noise control in title 4, chapter 4 of this Code, as amended.
(1) If an Officer of the Law, Ordinance Enforcement Officer, or designee responds to more than three (3) verified noise complaints in a twelve (12) month time period the STR land use permit and business license may be revoked or otherwise suspended for two (2) years from the date of the third verified complaint.
(2) Should a renter violate the noise control chapter more than once in any given seventy two (72)-hour period they shall be immediately evicted from the property by the owner. or designated representative. If the owner or designated representative fails to evict said renter, the STR permit and license may be revoked and the owner fined per this code.
j. Noticing And Posting Requirements: A renter informational packet must be maintained in a highly visible place within the dwelling or STR area, and must include all of the following:
(1) City issued STR business license.
(2) 24/7 owner, or a designated representative, contact information.
(3) Parking requirements, including site map of approved designated parking areas.
(5) The noise ordinance of the City of North Salt Lake.
(6) Garbage pick-up dates, and a written description of where garbage receptacles must be placed for pick-up.
(7) Contact information for the North Salt Lake City Police and South Davis Metro Fire District.
(8) Other contact information or information related to other regulations or conditions of an approval through the land use permit process, as required by the Community Development Department.
4. Violations: It shall be a violation for any person to operate a STR:
a. Without first obtaining a STR land use permit, as regulated in this section, and issued a valid STR business license; or
b. That does not comply with the requirements of this section, the revised ordinances of North Salt Lake, or the North Salt Lake City Land Development Code.
5. Enforcement And Fines: Upon a determination that a violation exists, the Ordinance Enforcement Officer, Community Development Director, or designee, will contact the owner or designated representative requiring such owner or representative to halt, eradicate, destroy, remove, or otherwise cure the.
a. Each day that a violation occurs or continues is a separate violation.
b. For any violation of this section, the issuing officer may issue a written citation or notice of violation to the owner, specifying the violation and the penalty to be imposed.
(1) For the first violation within any twelve (12)-month period, the penalty shall be five hundred dollars ($500.00).
(2) For a second violation within any twelve (12)-month period, the penalty shall be seven hundred fifty dollars ($750.00).
(3) For a third violation within any twelve (12)-month period the penalty shall be one thousand dollars ($1,000.00) and revocation of the STR business license and land use permit. The owner shall be ineligible for a STR land use permit and a STR business license for a period of two (2) years from the date of the third notice of violation.
(4) For any violation within any twelve (12)-month period following the third violation, the penalty shall be one thousand dollars ($1,000.00) and the STR owner shall be banned from receiving a STR land use permit and a STR business license. (Ord. 2019-02, 3-19-2019)
c. Permit Revocation: Pursuant to the provisions of this code or any ordinance of the City, a STR permit may be revoked by the Community Development Director or designee for the following:
(1) Three (3) verified violations within a twelve (12) month period related to noise, property maintenance, parking, nuisance, and any threat to public health and safety.
(2) One (1) verified violation that results in or constitutes the following:
(A) An owner or designated representative fails to evict a renter who has violated the noise control chapter more than once in any given seventy two (72)-hour period.
(B) An owner or designated representative of the STR knowingly or intentionally housing a sex offender, allowing offenses related to adult-oriented businesses, sexual offences, or prostitution.
(C) An owner or designated representative of the STR knowingly or intentionally allowing the use of the STR for retail, restaurant, banquet space, or other similar use.
(3) The property owner and designated representative shall be notified in writing of any verified violations, fines, and permit revocation.
(4) As provided in City Code section
10-2-2, appeal may be made to the City's designated Appeal Authority (Hearing Officer) from any decision, determination or requirement of the Community Development Director or designee under this title by filing with the City Recorder a notice therof in writing within fifteen (15) days after such decision, determination, or requirement is made. Such notice shall set forth in detail the action and grounds upon which the owner, or other interested person, is aggrieved.
(5) The City Recorder or designee, shall set the appeal for hearing before the City's designated Appeal Authority, as provided in City Code section
10-2-2 , to be held within a reasonable time from the date of receipt of the appeal. The appellant shall be notified of the appeal hearing date at least seven (7) days prior to the hearing. After hearing the appeal, the Hearing Officer may affirm, modify, overrule the decision, determination or requirement appealed, or remand the decision to the Administrative Land Use Authority for additional review and enter any such order or orders. The filing of an appeal shall stay all proceedings and actions in furtherance of the matter appealed, pending a decision of the Hearing Officer.
C. Residential Structures:
1. Minimum Height Of Dwellings: No dwelling or structure containing a dwelling shall be erected to a height less than one (1) story above grade. (Ord. 2018-11, 10-2-2018)
2. Maximum Height And Floor Area Of Accessory Buildings: No building which is accessory to a one-family, two-family, three-family or four-family dwelling shall be erected to a height greater than one story, fourteen feet (14') to the top of the wall plate and no higher than twenty feet (20') to the highest point of the building roof or coping, nor be taller than the primary structure. The maximum square foot floor area of an accessory building is fifty percent (50%) of the footprint of the principal building to which it is accessory.
3. Area Of Accessory Buildings: No accessory building or group of accessory buildings in any Residential District shall cover more than twenty five percent (25%) of the rear yard. (Ord. 2018-14, 11-20-2018; amd. Ord. 2025-06, 4-1-2025)