FAQs for Accessory Units and Renting

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FAQs about Internal Accessory Dwelling Units

1.18.2023

 

IADU Information

What is an Internal Accessory Dwelling Unit or IADU? 

It is a portion of the primary dwelling (home) that is designated as a separate living space. Examples of IADUs are basement apartments. Section 19.02 of the Land Development Code defines an IADU as: 

“A residential unit that is located on the same lot as a detached single-family dwelling unit and is internal or attached to a detached single-family dwelling.”

External Accessory Dwelling Units (detached apartments) are not allowed. 


Are IADUs allowed in Saratoga Springs? 

Utah State Code allows cities to regulate IADUs according to their own jurisdiction. There are three IADU classification zones in Saratoga Springs – IADU Potential, IADU Prohibited, and IADU Allowed.

To see an interactive map that shows IADU Classifications in the city to determine the IADU Classification Zone for your property click this link: IADU Map

  • If an area is approved for IADUs, the HOA may have additional regulations that would prohibit IADUs. Please consult with the HOA prior to applying for a permit. 
  • Keep scrolling for other IADU requirements and permit information.

How are unauthorized IADUs enforced? 

When City Code Enforcement is made aware of an illegal accessory dwelling unit, a notice of violation is issued to the property owner. If the violation is not corrected fines will ensue. 

 

Can I have a second kitchen? 

A second kitchen in your home does not count as an internal accessory dwelling unit. If you add a second kitchen, you are not allowed to separate your house into two units unless you get a permit to do so and meet all other IADU requirements. 

 

Where can I find the city code regarding IADUs and owner occupancy standards?

City code regarding IADUs and rent standards


What are the parking requirements for an approved IADU?

A single-family dwelling with an IADU shall provide at least one (1) paved off street parking space for the IADU, in addition to the minimum required for the primary dwelling, measured a minimum of 9’x18’ and located behind the front setback line.

Section 19.02 of the Land Development Code defines a setback as: 

“The shortest horizontal distance permitted in each zone, as set forth in the City’s zoning districts, between the identified boundary lines of a lot and a building, structure, or part thereof.”

To find a specific property’s setback, see the current subdivision plat. You can find a copy of the plat from the  Saratoga Springs City Addresses map. Insert an address, click on the specific property, click the link “County Property Info”, and then select the link “Subdivision Map Filing”. 

 

IADU Permit Information

If I am allowed to have an IADU, do I need to get a permit?

Yes. In most cases, a building permit will be required, plus you will need to submit an application by following the IADU Registration instructions. Please contact the Building Department at 801-766-6507 for more information regarding building permits.

 

What conditions are applicable to getting an approved permit/registration?

Below are the following conditions

  • Number- A maximum of one (1) IADU shall be permitted on a lot with a Primary Dwelling.
  • Owner Occupied- The owner of a single-family property with an IADU shall occupy a portion of the dwelling, either the principal living area or the IADU. Except as provided herein, owner occupancy shall be maintained unless the owner has a bona-fide temporary absence of three (3) years or less for a temporary job assignment, sabbatical, military service, or voluntary service, documentation may be required. If the owner leaves for one of the aforementioned absences, then: 
    • The single-family property with an IADU may be rented or occupied in its entirety by one Family, as defined in Chapter 19.02; or
    • One of the dwelling units may be rented to a Family with the second unit remaining vacant
  • Minimum Lot Size- The minimum lot size for a property with an internal accessory dwelling unit shall be greater than 6,000 square feet.
  • Living Areas- An IADU shall have living areas separate from the principal dwelling unit, including 1) a sleeping area; 2) a kitchen, including                 facilities to store, prepare and cook food; and 3) a bathroom, consisting of a toilet, a sink, and a bathtub or shower.
  • Parking- A single-family dwelling with an IADU shall provide at least one (1) paved off- street parking space for the IADU, in addition to the minimum required for the primary dwelling, measured a minimum of 9’x18’ and located behind the front setback line.
    • No parking spaces may be located within the side yard setbacks adjacent to a street, except for within an approved driveway.
    • On-street parking does not meet the parking requirement.
    • Garage space shall not be counted towards required parking unless the minimum of two enclosed spaces are provided to serve the needs of the primary dwelling.
  • Building Code- All construction and remodeling of IADUs, shall comply with all building and fire codes and ordinance requirements in effect at the time of legal construction or remodeling.
  • Separate Entrance- An IADU shall have a separate exterior entrance. All entrances, whether at or below grade, covered or uncovered, shall meet the applicable setbacks required by the underlying zone.
  • Single Family Appearance- The primary dwelling shall be architecturally compatible with adjacent single-family homes and not appear as a structure with two dwelling units.

  • Address- The principal dwelling unit and the IADU shall have the same address number, but shall refer to the IADU as unit B. Addresses must be located in a visible location on the street frontage side of the home.

  • Utilities- A single-family dwelling with an IADU may have separate meters for water, gas, and electricity utility service. Each utility meter shall be in the property owner's name and the property owner shall be responsible for payment of all utilities.
  • Not for Short-Term Rental- An IADU shall not be used as a Short-Term Rental and shall be rented only for a term of not less than 30 days.
  • Home Occupation- A home occupation may be located in an IADU but shall be restricted to a home office or use which does not generate customer traffic, and the IADU resident shall obtain the approval of the property owner.

Can I Rent Out My House?

The City does not regulate whether or not you can rent out your property as a whole. However, if you have an IADU, the home is required to be owner-occupied, which means that someone with at least 50% ownership has to live there. 

If only a portion of the home will be rented out, that is considered an IADU, and the home owner will need to find out if the home is prohibited or allowed to have an IADU.

A bona-fide temporary absence of three years or less is allowed. In that case the entire home may be rented to one family, or one of the units may be rented while one unit remains vacant.

Short-term rentals are not allowed in the City.

Section 19.20 of the Land Development Code defines a Short-Term Rental as: 

“A residential unit or any portion of a residential unit that the Owner Occupant or the lessee of the residential unit offers for occupancy for less than thirty (30) consecutive calendar days.”


You can also find recorded plats directly from the  Utah County Recorder website .