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Senate approves ADU zoning change to ease Utah's single-family housing shortage

Utah State Senate · March 3, 2021
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Summary

The Utah Senate passed fifth substitute House Bill 82 to make internally contained accessory dwelling units (ADUs) a permissible zoning use in single-family areas, giving cities limited options to regulate implementation; the bill passed 27-1 and goes back to the House.

The Utah Senate on Tuesday approved fifth substitute House Bill 82, a measure to allow internally contained accessory dwelling units (ADUs) within single-family homes to be a permissible zoning use statewide. Sponsor Senator Anderegg said the change aims to help close a statewide shortage of 40,000–45,000 housing units by enabling homeowners to make underused space available to tenants.

Senator Anderegg said the free market will provide much of the needed housing — "the free market's gonna address about 85% of this issue" — but added that ADUs represent "low hanging fruit" to increase affordable options without new hookups or major construction. The bill makes ADUs a default permissible use while allowing cities to impose restrictions; one provision lets a municipality limit ADU allowances to as low as 25% of an area if needed. The sponsor also said construction and interior work must comply with the International Building Code, and local jurisdictions retain the ability to require separate metering, inspections, or other safety measures.

Senator Davis asked why the Legislature would mandate this rather than leave decisions to cities, and whether code, fire-safety and parking standards would apply to converted units. Anderegg replied that some local officials favor state intervention because it enables politically difficult but broadly supported reforms, and that the bill's effective date (October 1) gives cities time to update ordinances and planning processes. The Senate approved the measure under suspension of the rules by a roll call of 27 in favor, 1 opposed and 1 absent; the bill will be returned to the House for further consideration.