What is the difference between Accessory Apartments and Internal Accessory Dwelling Units?

    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

    This year, the Utah Legislature enactedH.B. 82, which goes into effect on October 1, 2021. 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. 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 

    • Prohibiting on lots 6,000 square feet or smaller  

    On September 15, 2021, the Planning Commission forwarded a recommendation to the City Council for stopgap Land Management Code amendments specific to IADUs to prepare for State pre-emption while the City completes amendments for Accessory Apartments. For more information, please review the staff report prepared for the City Council meeting scheduled for September 23, 2021.