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1. What is an Accessory Dwelling Unit (ADU)?

Accessory Dwelling Units (ADUs) are known by many names: granny flats, in-law units, backyard cottages, second units and more. An ADU is a habitable living unit added to, created within, or detached from a primary single-family dwelling and contained on one lot. The purpose of an ADU is to create an independently habitable dwelling unit that provides shelter, heating, cooking facilities, and sanitation facilities for one family or household. 

Draper City allows for two types of ADUs. The first is a Detached ADU (D-ADU). These are separate structures within the rear yards of a lot. The second type is an Internal ADU (I-ADU). These are located within the existing footprint of the primary dwelling on the property, such as a basement apartment. An I-ADU is distinguishable from a duplex in that, it is clearly subordinate to the primary dwelling unit, and can only be created after the primary single-family dwelling has been built. 

Graphic courtesy Erin O'Kelley - Millcreek City

2. Why did the City modify the regulations concerning ADUs and why do they now require a permit?

The Utah State Legislature modified State Code in 2021 with House Bill 82 requiring cities to allow for I-ADUs within single-family homes. The new law allows cities to enact regulations to address issues like housing availability and affordability while also minimizing potential negative impacts to neighborhoods such as parking needs. The City is requiring a permit in order to verify that each ADU complies with the applicable regulations, and for property owners to be able to provide proof of that compliance to potential tenants and financial lenders.  

3. Did the City adopt a grace period to bring properties into compliance?

The City Council adopted Resolution 21-47 granting a grace period from enforcement against illegal ADUs for those who apply for an ADU permit prior to February 1, 2022. This means, that if a permit is applied for prior to February 1, 2022, and the City finds during the review process that the ADU does not comply with code and is prohibited, the property owner will be given up to eight months to remove the ADU without facing City enforcement measures. If the ADU is not removed in that timeframe, the City will take enforcement action against the property owner. For those properties who do not apply for an ADU permit prior to February 1, 2022, no grace period will be offered.  

4. Where can I find the application form for an ADU Permit?

The application form can be found on the Draper City Website at: https://www.draperutah.gov/318/Applications-Permits.

5. Where can I build an ADU?

Only one ADU is allowed on a single-family residential property. ADU’s are not allowed on properties that contain a multi-family dwelling, such as a townhouse. D-ADU’s are allowed on residentially zoned properties with at least 12,000 square feet in size. I-ADU’s are generally allowed on residentially zoned properties that are larger than 6,000 square feet in size, and that front onto a public street that complies with the minimum street width standards. The City Council has adopted a map showing the location of those properties where an I-ADU is prohibited.

6. What are some of the standards that have to be met for a D-ADU?

. Below is a list of some of the regulations on D-ADUs.  

1. A valid ADU Permit is required before a D-ADU can be rented or leased or offered for rent or lease.
2. The D-ADU shall be rented or leased for a time period of at least 30 consecutive days or more.
3. Has to meet the same building setbacks as a house would in its respective zoning district. 
4. The primary dwelling on the property has to be owner occupied. 
5. No I-ADU is allowed if there is a D-ADU. 
6. The property is limited to one D-ADU.
7. There shall be at least one extra parking space on site for the D-ADU. Parking spaces may not be tandem, or located directly behind another space.
8. The square footage of the D-ADU is limited to 50% of the primary dwelling’s square footage.
9. The D-ADU shall match the primary dwelling architecturally in color, materials, and design. 
10. Building height is limited to 35-feet. 
11. The D-ADU may not be serviced by separate utility meters from the primary dwelling.

7. What are some of the standards that have to be met for an I-ADU?

Below is a list of some of the regulations on I-ADUs.  

1. A valid ADU Permit is required before an I-ADU can be rented or leased or offered for rent or lease.
2. The I-ADU shall be rented or leased for a time period of at least 30 consecutive days or more.
3. The primary dwelling on the property has to be owner occupied. 
4. The property is limited to one I-ADU.
5. There shall be at least one extra parking space on site for the ADU. Parking spaces may not be tandem, or located directly behind another space.
6. If the garage of the home is enclosed to create the I-ADU, another garage shall be provided, either attached or detached to the home. 
7. The exterior of the dwelling may not be changed or altered in a way that would make it appear to not be a single-family home. 
8. Some properties may not qualify for an I-ADU based on lot size, roadway width or roadway ownership. Please visit the interactive map to verify if your property is eligible for an I-ADU.
9. The I-ADU may not be serviced by separate utility meters from the primary dwelling.
   
   

Graphic courtesy Erin O'Kelley - Millcreek City

8. When I bought my home, the real estate agent told me the mother-in-law apartment was legal. Why do I now need an ADU permit?

The State of Utah has mandated that all cities allow internal accessory dwelling units (I-ADUs) to be created within single family homes no later than October 1, 2021. Prior to October 1, 2021, Draper City ordinances did not permit the creation of an I-ADU. While some legal non-conforming dwelling units may exist, there is a high likelihood that the internal unit in your home was never legal (regardless of what the real estate agent said). One purpose behind the new ADU permit requirement is to research and determine the current legal status of each unit and bring them into compliance with ordinances.  It is important that property owners with ADUs apply for the ADU permit, even if they are concerned about the current legal status of their unit. Property owners who submit a complete ADU Permit Application to the City before February 1, 2022 may be eligible for an extended grace period for compliance.

9. I have a second kitchen in my home, but my mother-in-law (or other family member) lives in that space and we do not charge rent. Do I still need an ADU permit?

Yes, probably. Your family can live with you whether or not you charge them rent; however, second kitchens in single-family dwellings must remain compliant with the ordinance requirements for second kitchens under which they were established, including requirements that prohibit restricting access between the second kitchen and the remainder of the single-family dwelling. If the second kitchen has been physically separated from the remainder of the home by a locking door or other means, then a second dwelling unit has been created and an ADU permit will be required, or compliance with the requirements for second kitchens in single-family dwellings must be restored.

10. Will I be required to evict tenants or sell the property in an investment property where the main home and D-ADU are rented to different tenants?

It depends. As long as the D-ADU was legally established and continues to comply with the ordinance requirements in effect at the time it was established, it may be a non-conforming D-ADU and you could be able to continue renting out both units just as you have in the past. This still requires that you acquire the ADU permit and are compliant with the applicable ordinance requirements of the permit. New D-ADUs created or established on or after October 1, 2021 will require the owner of the property to live in the primary dwelling unit. Owners of properties with D-ADUs that are not in compliance with applicable ordinance requirements for their use will be required to come into compliance or they may face enforcement actions.

11. What will happen if an ADU is not legal, and is not permitted to be legalized?

The property owner will be required to remove the illegal ADU. For owners that apply before February 1, 2022, they will receive up to an 8 month grace period to restore the primary dwelling back to a single unit. This will allow current tenants in the ADU additional time to move and for the owners to apply for any necessary demolition or building permits necessary to restore the dwelling back to a single unit. For those owners that do not submit an application for an ADU permit prior to February 1, 2022 there will be no extended grace period and they will face immediate enforcement actions which can include fines or liens and will have a much shorter timeframe to come into compliance.

12. What if I am about to rent (or I am currently renting) an ADU unit and I am concerned that the unit might not be legal? Could I get evicted even if I signed a lease?

The property owner/ landlord is responsible for complying with all local, State, and federal Laws regarding rental housing. Before renting an ADU you should ask to see a copy of the landlord’s current ADU permit. If your landlord rents an ADU to you that is not legal and the City enforces against them, the landlord may choose to begin eviction proceedings rather than face some of the penalties that may fall on them. If this happens you should consult a competent attorney or legal professional about your specific situation and legal rights.