ADU rules in Draper

Draper code: 'D-ADUs shall be a permitted use in all primary residential zoning districts, master planned community zones (MPC), and residential special districts (RSD) on individual lots or parcels twelve-thousand square feet (12,000 ft²) or greater in size that contain no more than one single-family dwelling.' A D-ADU must sit in the rear yard, meet main-building setbacks and height limits, and match the house's architecture, colors and materials; one per lot, and not on a property with an internal ADU. Utah Code 10-21-304, in force since October 1, 2026, requires a specified municipality such as Draper to '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 to include a process for converting a legally built accessory structure. Draper has not yet amended its code to match: lots of 11,000 to 11,999 sq ft still fall below the local minimum, and the City Council denied a conversion amendment (Ord. 1727) on July 7, 2026.

Internal ADUs (I-ADUs) 'shall be a permitted use in all primary residential zoning districts except as prohibited within the areas identified on the map included as Exhibit A'; in those mapped areas the planning commission may approve a deviation. I-ADUs are not allowed on lots of 6,000 sq ft or less, in mobile homes, or where the house has a failing septic system. The unit must stay within the existing footprint of the house with no exterior change that alters its single-family appearance; one I-ADU per lot, and none inside a D-ADU or other detached structure. These limits track the options Utah Code 10-21-303(3) gives cities.

Code text: 'The total square footage of a D-ADU shall not exceed fifty percent (50%) of the single-family dwelling's total square footage not including the garage.' There is no square-footage cap for I-ADUs; they are limited to the existing footprint of the primary dwelling. Utah Code 10-21-304(4) lets a city regulate detached unit size and dimensions, so the 50% cap is not displaced by the 2026 detached-ADU law.

Code: 'No ADU or dwelling associated with an ADU may be separately rented, leased, hired or loaned unless the owner of record occupies either the dwelling or the ADU as their primary residence.' The ADU permit must be renewed every year with a notarized affidavit; the renewal form's wording asks the owner to attest that they continue to occupy the primary dwelling. Utah Code 10-21-303(3)(j) and 10-21-304(4)(c) both allow this requirement.

Each D-ADU and I-ADU needs 'at least one additional parking stall above the minimum required for the single-family dwelling,' reserved for the ADU occupants, not in tandem with the house's stalls, reached from the street by a driveway, and paved with concrete or asphalt. Garage or carport spaces removed to create an I-ADU must be replaced. An I-ADU approved by planning commission deviation inside the Exhibit A prohibited areas needs at least two stalls, which may be tandem with each other (9-31-055(A)(4), as amended by Ord. 1704 of 2-17-2026). One space is within the limits Utah Code 10-21-304(3)(b)-(c) and 10-21-303(3)(c) set.

ADUs are a permitted use in eligible zones and are approved administratively: 'The zoning administrator is authorized to review and approve applications for an ADU,' against fixed standards, with no conditional use permit (consistent with Utah Code 10-21-304(3)(a)). The ADU permit expires after one year unless renewed with a notarized owner affidavit, and it transfers to a new owner only after a city compliance inspection. An I-ADU in an Exhibit A prohibited area needs a planning commission deviation, and a building permit is required separately for construction.

No ADU may be rented without a valid ADU permit, and 'An I-ADU shall not be rented or leased for a time period of less than thirty (30) consecutive days.' Ord. 1721 (adopted 8-4-2026) added a short-term rental chapter: 'A short-term rental permit may be issued for a Detached Accessory Dwelling Unit (D-ADU) if the owner possesses a valid ADU permit,' but 'A short-term rental shall not be permitted on any property with an Internal Accessory Dwelling Unit (I-ADU).' A short-term rental needs its own permit from the zoning administrator plus a business license, is rented for 'a minimum duration of two (2) consecutive nights' to one renter at a time, and the D-ADU and the house count as one residential unit, so only one of them can be a short-term rental. The owner-occupancy rule in 9-31-030(I) still applies to any ADU rental.