United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-21-304, 2026

A specified municipality must adopt land use rules allowing detached accessory dwelling units on qualifying lots, and the rules may include certain limits and requirements but may not impose several listed restrictions.

accessory dwelling unitsbuilding code compliancebuilding codesbuilding compliancebuilding dimensionsbuilding regulationconstructiondesign standardsfire code compliancefire codesgarage conversionhealth code compliancehealth codeshousingland uselot coveragemunicipal regulationon-site parkingparkingparking requirementspermittingproperty usesetbacksutility servicezoning

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01

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“A specified municipality must adopt land use rules allowing detached accessory dwelling units on qualifying lots, and the rules may include certain limits and requirements but may not impose several listed restrictions.”

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    Enacted 2026 · Source version 1 Oct 2026. The date shown identifies this source expression and should not be treated as proof that no later change exists.

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Detached accessory dwelling units.

A municipality must adopt zoning rules that allow detached accessory dwelling units on qualifying lots, and may not impose several listed restrictions.

Section 10-21-304

Subsection 10-21-304(3)

A land use regulation covered by Subsection (1) may not impose certain permit, parking, or conflicting design-standard requirements on detached accessory dwelling units.

Section 10-21-304(3)

04

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Source record from le.utah.gov · Enacted 2026 · Source version 1 Oct 2026

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Showing 36 of 36 provisions

Provision 36

Part 10-21-3

part 10-21-3 Provisions Unique to Residential Zones and Residential Units

§ 10-21-304Detached accessory dwelling units.Provision

A municipality must adopt zoning rules that allow detached accessory dwelling units on qualifying lots, and may not impose several listed restrictions.

Detached accessory dwelling units. A specified municipality shall adopt a land use regulation that permits a detached accessory dwelling unit on any lot or parcel that is 11,000 square feet or larger and contains a single-family dwelling, if the single-family dwelling is a permitted use on the lot or parcel. This section does not prohibit a municipality from adopting a land use regulation that permits a detached accessory dwelling unit on a lot or parcel that is smaller than 11,000 square feet. A land use regulation described in Subsection (1) shall: require that a detached accessory dwelling unit comply with all applicable building, health, and fire codes; and include a process for the owner of a legally constructed accessory structure to convert the accessory structure to a detached accessory dwelling unit subject to applicable: dwelling and accessory structure setback requirements; and building, health, and fire codes. A land use regulation described in Subsection (1) may not: require a conditional use permit for a detached accessory dwelling unit if the proposed detached accessory dwelling unit is located in a primarily residential zone; require more than two on-site parking spaces assigned to a detached accessory dwelling unit that is 650 square feet or larger; require more than one on-site parking space assigned to a detached accessory dwelling unit that is smaller than 650 square feet; or include design standards for a detached accessory dwelling unit that conflict with Section 10-20-618 . A land use regulation described in Subsection (1) may: require a detached accessory dwelling unit to: conform to applicable land use regulations that regulate structure size, dimension, height, and maximum lot coverage; conform to setback requirements, that may take into account proximity to property lines and other structures, easements, window orientation, massing, or other elements; and be designed consistent with the design of the single-family dwelling; prohibit a detached accessory dwelling unit from being: larger in size than the single-family dwelling located on the same lot or parcel; located within a public utility easement or other recorded easement; located in a front-yard area of a lot or parcel; or rented for less than 90 consecutive days; require that the owner of a lot or parcel where a detached accessory dwelling unit is located reside in the detached single-family dwelling or detached accessory dwelling unit located on the lot or parcel; require that when a detached garage is converted to a detached accessory dwelling unit, any parking spaces required for the single-family dwelling that were located within the detached garage are replaced on-site; prohibit more than one accessory dwelling unit on a lot or parcel; and prohibit a detached accessory dwelling unit if: the detached accessory dwelling unit will not have adequate access to a required utility service that is a project improvement, including sanitary sewer, culinary water, electrical, or storm water; or a utility service that is a system improvement, including sanitary sewer, culinary water, electrical, or storm water, to which the detached accessory dwelling unit is required to connect does not have sufficient capacity to support the addition of the detached accessory dwelling unit to the utility service system improvements. This section does not supersede: a land use regulation that regulates a detached accessory building that is not a detached accessory dwelling unit; prohibitions or restrictions on detached accessory dwelling units in a development agreement signed by a municipality on or before May 6, 2026; or a land use regulation or administrative action that: is not prohibited by law; and relates to a detached accessory dwelling unit.
Section 10-21-304Verify source
§ 10-21-304(1)Subsection 10-21-304(1)Provision

A specified municipality must adopt a land use regulation allowing detached accessory dwelling units on eligible lots or parcels.

A specified municipality shall adopt a land use regulation that permits a detached accessory dwelling unit on any lot or parcel that is 11,000 square feet or larger and contains a single-family dwelling, if the single-family dwelling is a permitted use on the lot or parcel. This section does not prohibit a municipality from adopting a land use regulation that permits a detached accessory dwelling unit on a lot or parcel that is smaller than 11,000 square feet.
Section 10-21-304(1)Verify source
§ 10-21-304(1)(a)Subsection 10-21-304(1)(a)Provision

A specified municipality must adopt a land use regulation allowing detached accessory dwelling units on qualifying lots or parcels.

A specified municipality shall adopt a land use regulation that permits a detached accessory dwelling unit on any lot or parcel that is 11,000 square feet or larger and contains a single-family dwelling, if the single-family dwelling is a permitted use on the lot or parcel.
Section 10-21-304(1)(a)Verify source
§ 10-21-304(1)(b)Subsection 10-21-304(1)(b)Provision

A municipality may adopt a land use regulation allowing a detached accessory dwelling unit on a lot or parcel under 11,000 square feet.

This section does not prohibit a municipality from adopting a land use regulation that permits a detached accessory dwelling unit on a lot or parcel that is smaller than 11,000 square feet.
Section 10-21-304(1)(b)Verify source
§ 10-21-304(2)Subsection 10-21-304(2)Provision

A land use regulation must require detached accessory dwelling units to meet applicable building, health, and fire codes.

A land use regulation described in Subsection (1) shall: require that a detached accessory dwelling unit comply with all applicable building, health, and fire codes; and include a process for the owner of a legally constructed accessory structure to convert the accessory structure to a detached accessory dwelling unit subject to applicable: dwelling and accessory structure setback requirements; and building, health, and fire codes.
Section 10-21-304(2)Verify source
§ 10-21-304(2)(a)Subsection 10-21-304(2)(a)Provision

A detached accessory dwelling unit must comply with applicable building, health, and fire codes.

require that a detached accessory dwelling unit comply with all applicable building, health, and fire codes; and
Section 10-21-304(2)(a)Verify source
§ 10-21-304(2)(b)Subsection 10-21-304(2)(b)Provision

The owner of a legally constructed accessory structure must be given a process to convert it into a detached accessory dwelling unit, subject to setback requirements and building, health, and fire codes.

include a process for the owner of a legally constructed accessory structure to convert the accessory structure to a detached accessory dwelling unit subject to applicable: dwelling and accessory structure setback requirements; and building, health, and fire codes.
Section 10-21-304(2)(b)Verify source
§ 10-21-304(2)(b)(i)Subsection 10-21-304(2)(b)(i)Provision

dwelling and accessory structure setback requirements; and

dwelling and accessory structure setback requirements; and
Section 10-21-304(2)(b)(i)Verify source
§ 10-21-304(2)(b)(ii)Subsection 10-21-304(2)(b)(ii)Provision

building, health, and fire codes.

building, health, and fire codes.
Section 10-21-304(2)(b)(ii)Verify source
§ 10-21-304(3)Subsection 10-21-304(3)Provision

A land use regulation covered by Subsection (1) may not impose certain permit, parking, or conflicting design-standard requirements on detached accessory dwelling units.

A land use regulation described in Subsection (1) may not: require a conditional use permit for a detached accessory dwelling unit if the proposed detached accessory dwelling unit is located in a primarily residential zone; require more than two on-site parking spaces assigned to a detached accessory dwelling unit that is 650 square feet or larger; require more than one on-site parking space assigned to a detached accessory dwelling unit that is smaller than 650 square feet; or include design standards for a detached accessory dwelling unit that conflict with Section 10-20-618 .
Section 10-21-304(3)Verify source
§ 10-21-304(3)(a)Subsection 10-21-304(3)(a)Provision

A detached accessory dwelling unit in a primarily residential zone requires a conditional use permit.

require a conditional use permit for a detached accessory dwelling unit if the proposed detached accessory dwelling unit is located in a primarily residential zone;
Section 10-21-304(3)(a)Verify source
§ 10-21-304(3)(b)Subsection 10-21-304(3)(b)Provision

The rule requires more than two on-site parking spaces for a detached accessory dwelling unit that is 650 square feet or larger.

require more than two on-site parking spaces assigned to a detached accessory dwelling unit that is 650 square feet or larger;
Section 10-21-304(3)(b)Verify source
§ 10-21-304(3)(c)Subsection 10-21-304(3)(c)Provision

A detached accessory dwelling unit smaller than 650 square feet may be assigned no more than one on-site parking space.

require more than one on-site parking space assigned to a detached accessory dwelling unit that is smaller than 650 square feet; or
Section 10-21-304(3)(c)Verify source
§ 10-21-304(3)(d)Subsection 10-21-304(3)(d)Provision

include design standards for a detached accessory dwelling unit that conflict with Section 10-20-618 .

include design standards for a detached accessory dwelling unit that conflict with Section 10-20-618 .
Section 10-21-304(3)(d)Verify source
§ 10-21-304(4)Subsection 10-21-304(4)Provision

A land use regulation may set conditions and bans for detached accessory dwelling units, including size, setbacks, design, location, rental length, owner occupancy, parking replacement, number per lot, and utility access.

A land use regulation described in Subsection (1) may: require a detached accessory dwelling unit to: conform to applicable land use regulations that regulate structure size, dimension, height, and maximum lot coverage; conform to setback requirements, that may take into account proximity to property lines and other structures, easements, window orientation, massing, or other elements; and be designed consistent with the design of the single-family dwelling; prohibit a detached accessory dwelling unit from being: larger in size than the single-family dwelling located on the same lot or parcel; located within a public utility easement or other recorded easement; located in a front-yard area of a lot or parcel; or rented for less than 90 consecutive days; require that the owner of a lot or parcel where a detached accessory dwelling unit is located reside in the detached single-family dwelling or detached accessory dwelling unit located on the lot or parcel; require that when a detached garage is converted to a detached accessory dwelling unit, any parking spaces required for the single-family dwelling that were located within the detached garage are replaced on-site; prohibit more than one accessory dwelling unit on a lot or parcel; and prohibit a detached accessory dwelling unit if: the detached accessory dwelling unit will not have adequate access to a required utility service that is a project improvement, including sanitary sewer, culinary water, electrical, or storm water; or a utility service that is a system improvement, including sanitary sewer, culinary water, electrical, or storm water, to which the detached accessory dwelling unit is required to connect does not have sufficient capacity to support the addition of the detached accessory dwelling unit to the utility service system improvements.
Section 10-21-304(4)Verify source
§ 10-21-304(4)(a)Subsection 10-21-304(4)(a)Provision

A detached accessory dwelling unit must meet applicable land use, setback, and design-consistency requirements.

require a detached accessory dwelling unit to: conform to applicable land use regulations that regulate structure size, dimension, height, and maximum lot coverage; conform to setback requirements, that may take into account proximity to property lines and other structures, easements, window orientation, massing, or other elements; and be designed consistent with the design of the single-family dwelling;
Section 10-21-304(4)(a)Verify source
§ 10-21-304(4)(a)(i)Subsection 10-21-304(4)(a)(i)Provision

conform to applicable land use regulations that regulate structure size, dimension, height, and maximum lot coverage;

conform to applicable land use regulations that regulate structure size, dimension, height, and maximum lot coverage;
Section 10-21-304(4)(a)(i)Verify source
§ 10-21-304(4)(a)(ii)Subsection 10-21-304(4)(a)(ii)Provision

conform to setback requirements, that may take into account proximity to property lines and other structures, easements, window orientation, massing, or other elements; and

conform to setback requirements, that may take into account proximity to property lines and other structures, easements, window orientation, massing, or other elements; and
Section 10-21-304(4)(a)(ii)Verify source
§ 10-21-304(4)(a)(iii)Subsection 10-21-304(4)(a)(iii)Provision

be designed consistent with the design of the single-family dwelling;

be designed consistent with the design of the single-family dwelling;
Section 10-21-304(4)(a)(iii)Verify source
§ 10-21-304(4)(b)Subsection 10-21-304(4)(b)Provision

A detached accessory dwelling unit must not exceed the size of the single-family dwelling on the same lot, be in an easement or front-yard area, or be rented for under 90 consecutive days.

prohibit a detached accessory dwelling unit from being: larger in size than the single-family dwelling located on the same lot or parcel; located within a public utility easement or other recorded easement; located in a front-yard area of a lot or parcel; or rented for less than 90 consecutive days;
Section 10-21-304(4)(b)Verify source
§ 10-21-304(4)(b)(i)Subsection 10-21-304(4)(b)(i)Provision

larger in size than the single-family dwelling located on the same lot or parcel;

larger in size than the single-family dwelling located on the same lot or parcel;
Section 10-21-304(4)(b)(i)Verify source
§ 10-21-304(4)(b)(ii)Subsection 10-21-304(4)(b)(ii)Provision

located within a public utility easement or other recorded easement;

located within a public utility easement or other recorded easement;
Section 10-21-304(4)(b)(ii)Verify source
§ 10-21-304(4)(b)(iii)Subsection 10-21-304(4)(b)(iii)Provision

located in a front-yard area of a lot or parcel; or

located in a front-yard area of a lot or parcel; or
Section 10-21-304(4)(b)(iii)Verify source
§ 10-21-304(4)(b)(iv)Subsection 10-21-304(4)(b)(iv)Provision

rented for less than 90 consecutive days;

rented for less than 90 consecutive days;
Section 10-21-304(4)(b)(iv)Verify source
§ 10-21-304(4)(c)Subsection 10-21-304(4)(c)Provision

The owner of a lot or parcel with a detached accessory dwelling unit must live in the detached single-family dwelling or in the accessory unit on that lot or parcel.

require that the owner of a lot or parcel where a detached accessory dwelling unit is located reside in the detached single-family dwelling or detached accessory dwelling unit located on the lot or parcel;
Section 10-21-304(4)(c)Verify source
§ 10-21-304(4)(d)Subsection 10-21-304(4)(d)Provision

If a detached garage is converted to a detached accessory dwelling unit, required parking spaces that were in the garage must be replaced on-site.

require that when a detached garage is converted to a detached accessory dwelling unit, any parking spaces required for the single-family dwelling that were located within the detached garage are replaced on-site;
Section 10-21-304(4)(d)Verify source
§ 10-21-304(4)(e)Subsection 10-21-304(4)(e)Provision

prohibit more than one accessory dwelling unit on a lot or parcel; and

prohibit more than one accessory dwelling unit on a lot or parcel; and
Section 10-21-304(4)(e)Verify source
§ 10-21-304(4)(f)Subsection 10-21-304(4)(f)Provision

prohibit a detached accessory dwelling unit if: the detached accessory dwelling unit will not have adequate access to a required utility service that is a project improvement, including sanitary sewer, culinary water, electrical, or storm

prohibit a detached accessory dwelling unit if: the detached accessory dwelling unit will not have adequate access to a required utility service that is a project improvement, including sanitary sewer, culinary water, electrical, or storm water; or a utility service that is a system improvement, including sanitary sewer, culinary water, electrical, or storm water, to which the detached accessory dwelling unit is required to connect does not have sufficient capacity to support the addition of the detached accessory dwelling unit to the utility service system improvements.
Section 10-21-304(4)(f)Verify source
§ 10-21-304(4)(f)(i)Subsection 10-21-304(4)(f)(i)Provision

the detached accessory dwelling unit will not have adequate access to a required utility service that is a project improvement, including sanitary sewer, culinary water, electrical, or storm water; or

the detached accessory dwelling unit will not have adequate access to a required utility service that is a project improvement, including sanitary sewer, culinary water, electrical, or storm water; or
Section 10-21-304(4)(f)(i)Verify source
§ 10-21-304(4)(f)(ii)Subsection 10-21-304(4)(f)(ii)Provision

a utility service that is a system improvement, including sanitary sewer, culinary water, electrical, or storm water, to which the detached accessory dwelling unit is required to connect does not have sufficient capacity to support the

a utility service that is a system improvement, including sanitary sewer, culinary water, electrical, or storm water, to which the detached accessory dwelling unit is required to connect does not have sufficient capacity to support the addition of the detached accessory dwelling unit to the utility service system improvements.
Section 10-21-304(4)(f)(ii)Verify source
§ 10-21-304(5)Subsection 10-21-304(5)Provision

This section does not override certain land use regulations, development-agreement restrictions, or lawful administrative actions relating to detached accessory dwelling units.

This section does not supersede: a land use regulation that regulates a detached accessory building that is not a detached accessory dwelling unit; prohibitions or restrictions on detached accessory dwelling units in a development agreement signed by a municipality on or before May 6, 2026; or a land use regulation or administrative action that: is not prohibited by law; and relates to a detached accessory dwelling unit.
Section 10-21-304(5)Verify source
§ 10-21-304(5)(a)Subsection 10-21-304(5)(a)Provision

a land use regulation that regulates a detached accessory building that is not a detached accessory dwelling unit;

a land use regulation that regulates a detached accessory building that is not a detached accessory dwelling unit;
Section 10-21-304(5)(a)Verify source
§ 10-21-304(5)(b)Subsection 10-21-304(5)(b)Provision

prohibitions or restrictions on detached accessory dwelling units in a development agreement signed by a municipality on or before May 6, 2026; or

prohibitions or restrictions on detached accessory dwelling units in a development agreement signed by a municipality on or before May 6, 2026; or
Section 10-21-304(5)(b)Verify source
§ 10-21-304(5)(c)Subsection 10-21-304(5)(c)Provision

a land use regulation or administrative action that: is not prohibited by law; and relates to a detached accessory dwelling unit.

a land use regulation or administrative action that: is not prohibited by law; and relates to a detached accessory dwelling unit.
Section 10-21-304(5)(c)Verify source
§ 10-21-304(5)(c)(i)Subsection 10-21-304(5)(c)(i)Provision

is not prohibited by law; and

is not prohibited by law; and
Section 10-21-304(5)(c)(i)Verify source
§ 10-21-304(5)(c)(ii)Subsection 10-21-304(5)(c)(ii)Provision

relates to a detached accessory dwelling unit.

relates to a detached accessory dwelling unit.
Section 10-21-304(5)(c)(ii)Verify source

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  • 1 Oct 2026English · In forceView version

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