Proposed Land Management Code Amendments Reducing Regulations for
Accessory Apartments to Comply with 2021 State Legislation
Accessory Apartments—separate dwelling units that are attached to a home or garage—are allowed in most areas in Park City with either a staff-level or Planning Commission approval. Property owners of homes with Accessory Apartments must live on site and are required to record a deed restriction with the county prohibiting Nightly Rental, rental for less than 30 days, of the Accessory Apartment.
The Land Management Code currently establishes the following regulations for Accessory Apartments:
- Cannot be less than 400 or more than 1,000 square feet
- Cannot be larger than 1/3 of the main home
- Cannot exceed two bedrooms
- Requires one additional parking space per Accessory Apartment bedroom
- No more than four may be located within a 300-foot radius
- Must be rented for more than 30 days
Planning staff is proposing amendments for two reasons:
- Goal 2 of the 2021 Housing Assessment and Plan is to amend the Land Management Code to reduce barriers to Accessory Apartment construction to incentivize development of these smaller units to meet the community’s pressing need for more long-term rental units.
- Land Management Code amendments to reduce Accessory Apartment regulations were in progress when 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 goes into effect on October 1, 2021. H.B. 82 mandates that IADUs are permitted uses in all 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
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.
On September 15, 2021, Planning staff will present Land Management Code amendments to the Planning Commission that incorporate Planning Commission and City Council input to reduce Accessory Apartment regulations, and to comply with the new requirements of H.B. 82. The Planning Commission may forward a recommendation for City Council’s consideration on September 23, 2021.
For questions or to provide public input, please email firstname.lastname@example.org or call 385-290-0789.