Utah ADU Builder
Utah ADU answers · updated 2026-10-17
Does Utah require the owner to live on the property to have an ADU?
State law lets Utah cities require owner occupancy for both internal and detached ADUs, and most cities on file do. What the statutes say and which cities require it.
Short answer
State law doesn't impose owner occupancy itself, but it lets cities require it, and most do. For an internal ADU, a city may bar renting the unit when the home isn't the owner's primary residence. For a detached ADU, S.B. 284 lets a city require the owner to live in the main home or the ADU. 63 of the 102 cities on file require it in some form.
What the statutes say
Internal ADUs: Utah Code 10-21-303 lets a municipality prohibit renting an internal ADU in a dwelling that isn't occupied as the owner's primary residence. The state's internal-ADU protections are written for a "primary dwelling", which Utah Code 10-21-101 defines as a detached single-family home occupied as the primary residence of the owner of record.
Detached ADUs: Utah Code 10-21-304 lets a specified municipality require that the owner reside in the single-family home or the detached ADU on the lot.
Cities on file that require owner occupancy (63)
Wording differs by city: some allow family members or temporary absences, and some require a recorded affidavit. Read the city page before you plan around it.
| City | Rule as researched | Checked |
|---|---|---|
| Alpine | Required; temporary absence ≤3 years or care-facility placement with advance application | Researched 2026-09-07 |
| American Fork | The owner listed on the Utah County tax rolls must live full time in either the main home or the apartment. | Verified 2026-10-17 |
| Bluffdale | Owner occupant in primary or ADU; documentation forms; notice recorded. | Researched 2026-09-07 |
| Bountiful | The owner must live in either the main home or the ADU as their permanent residence and can never collect rent for the unit they live in. Proof is required (for example voter or vehicle registration, a driver's license or county assessor records), and a deed restriction limiting the property to a single-family dwelling must be recorded. | Verified 2026-10-17 |
| Brigham City | The owner of the primary home must live on the property, in either the main home or the ADU. | Verified 2026-09-24 |
| Cedar City | City staff told the City Council in April 2026 that all internal and external ADUs must currently be owner-occupied. | Verified 2026-09-24 |
| Cedar Hills | Required (owner in primary or ADU); annual registration depends on continued owner occupancy | Researched 2026-09-07 |
| Centerville | An owner with at least a 50% ownership interest must live in the main home or the ADU as their primary residence for at least 183 consecutive days each year and sign a notarized owner-occupancy affidavit that runs with the land; a one-time waiver of up to three years and one month is available for temporary absences such as a job relocation, military assignment or illness. | Verified 2026-10-17 |
| Clearfield | Owner must reside full-time in the primary dwelling or the ADU. | Researched 2026-09-07 |
| Clinton | Owner occupancy required | Researched 2026-10-17 |
| Cottonwood Heights | The record owner must live in the main home or the ADU as their permanent residence (at least 200 days a year) and may not collect rent for the unit they live in; a notarized affidavit is required. | Verified 2026-09-24 |
| Draper | If the home or the ADU is rented, the owner of record must live in one of them as their primary residence; the city's ADU application affidavit and web page state that the owner must live in the main home. | Verified 2026-10-17 |
| Eagle Mountain | Owner must live in primary or ADU except bona fide temporary absences | Researched 2026-09-07 |
| Farmington | Owner occupancy of primary or ADU; temp absentee ownership allowed for military/employment/family/quasi-public service | Researched 2026-09-07 |
| Grantsville | Either primary or ADU occupied by owner of record (25.2.2). | Researched 2026-09-07 |
| Heber City | The property owner must live in either the main home or the accessory apartment (temporary bona fide absences excepted), and the apartment cannot be sold separately from the main home. | Verified 2026-09-24 |
| Herriman | The owner (the titleholder or an immediate family member such as a parent, child, spouse, sibling or grandchild) must live in the main home or the ADU as a primary residence; a notice of this requirement is recorded on the property title, and the city's application requires a notarized affidavit that the owner will not rent both units. Exceptions of up to two years are possible for temporary military or religious service if an on-site property manager is provided. The city says an ADU may house up to four unrelated people, or any number of related people. | Verified 2026-10-17 |
| Highland | Required for ADU framework discussed with DADUs (owner in ADU or main) | Researched 2026-09-07 |
| Holladay | The owner, or an immediate family member (spouse, parent, child, sibling, grandparent or grandchild), must live full time in the main home or the ADU; a bona fide temporary absence of up to three years for military service, a job assignment, sabbatical or voluntary service is excepted. | Verified 2026-10-17 |
| Hurricane | The owner, or a member of the owner's family, must live on the property as their primary residence for the ADU to be rented; for long-term rentals the owner may live in either the ADU or the main home. | Verified 2026-09-24 |
| Hyde Park | The owner must live on the property (except for bona fide temporary absences), sworn in a notarized application, and must record a restrictive covenant. | Verified 2026-09-24 |
| Ivins | The property owner (titleholder) must live in the main home, the internal unit or the detached unit as their permanent residence, and must show evidence of owner occupancy when applying. | Verified 2026-09-24 |
| Kaysville | The owner must live in the main home or the ADU as their primary residence and submit an owner-occupancy affidavit with the ADU application. The ADU may be occupied only by a single family as defined in city code. | Verified 2026-10-17 |
| Kearns | The owner must live in the main home or the ADU (temporary absences of up to two years are allowed for medical, military or religious reasons with an on-site manager), may not collect rent on the unit they occupy, and must sign an affidavit that is recorded against the property. | Verified 2026-09-24 |
| Layton | The property owner must live in the main home or the ADU as their primary residence and can't rent out both; the owner signs a letter of agreement that the city records with the county. The requirement can be temporarily waived for a bona fide absence of three years or less for a job assignment, sabbatical or voluntary service. | Verified 2026-10-17 |
| Lehi | The home must be owner-occupied; the owner signs an owner-occupancy affidavit that is recorded against the property (new owners must re-record it). | Verified 2026-09-24 |
| Lindon | Required; temporary absences ≤3 years (military/disability/job/ecclesiastical) | Researched 2026-09-07 |
| Logan | Only with detached, owner-occupied SFR that is owner's primary residence; non-owner-occupied properties prohibited. | Researched 2026-09-07 |
| Magna | The owner must live in the main home or the ADU; absences for medical, military or religious reasons of up to two years are allowed with an on-site manager. An owner-occupancy affidavit and a Notice of Accessory Dwelling Unit are recorded against the property, and a new owner must re-apply. | Verified 2026-09-24 |
| Mapleton | Required (or family-only occupancy exempts some provisions) | Researched 2026-09-07 |
| Midvale | The property owner must live in one of the two units as their permanent residence. | Verified 2026-09-24 |
| Midway | The home must be the owner's primary residence, and the internal unit cannot be rented if the owner does not live there. | Verified 2026-09-24 |
| Millcreek | Property must be owner-occupied (18.71.030). | Researched 2026-09-07 |
| Murray | Owner must reside in primary dwelling or ADU; affidavit recorded with Salt Lake County Recorder before application accepted. | Researched 2026-09-07 |
| North Logan | The owner must live in either the main house or the ADU (except for bona fide absences) and must record a restrictive covenant saying so. | Verified 2026-09-24 |
| North Ogden | The owner must live full time in the main home or the ADU, as shown on Weber County tax rolls; an owner occupant holds at least 50% ownership by recorded deed (or is a trustor of the family trust that owns the home) and lives there as a primary residence. Owners away on a work, military or nonprofit assignment of less than 36 months can qualify by providing proof each year. | Verified 2026-10-17 |
| North Salt Lake | Owner occupancy required (temporary absence exceptions exist). | Researched 2026-09-07 |
| Ogden | Owner must live in the main dwelling or ADU as primary residence to rent the other unit. | Researched 2026-09-07 |
| Orem | The owner must live in either the main home or the ADU as their primary residence (listed as such on their property taxes, tax returns and driver's license). The people living there must hold at least 50% ownership (trusts and companies qualify only in limited cases), and a temporary absence of up to three years for a job assignment, sabbatical or voluntary service is allowed. The city's accessory-apartment checklist also asks the owner to sign an affidavit not to rent both units. | Verified 2026-10-17 |
| Park City | The owner must live in the single-family home, and only one of the two units may be rented; a deed restriction (Notice to Purchaser) is recorded with the County. | Verified 2026-09-24 |
| Payson | Required in the single-family dwelling (>=50% ownership / primary residency); temporary absence does not relieve; IADU occupancy <=4 adults; permit does not run with the land | Researched 2026-09-07 |
| Pleasant Grove | Required (main or detached accessory unit) | Researched 2026-09-07 |
| Pleasant View | The owner must live in the main home; a deed restriction is recorded with Weber County, the permit does not transfer on sale, and it is re-evaluated every three years. | Verified 2026-09-24 |
| Providence | The owner (or a relative by blood, marriage or adoption, or a family-trust trustor) must live full-time in the home or the ADU, and must record a deed restriction within 30 days of approval. Temporary absences of up to three years (military service, job assignment, sabbatical, volunteer service) are allowed. | Verified 2026-09-24 |
| Provo | The owner must live in the main home or the ADU (generally someone holding at least 50% ownership by recorded deed who lives there as a primary residence; trusts and LLCs have specific rules) and must re-confirm this at each annual license renewal; only owner-occupied single-family detached homes can apply. A temporary absence (for example up to three years for a job assignment, sabbatical, or military or voluntary service, or placement in a care facility) can be approved if applied for beforehand; the code also requires at least one year of prior residence. The ADU may house no more than three adults plus their minor children. | Verified 2026-10-17 |
| Riverton | An owner must live on the property, in either the main home or the ADU, and sign an owner-occupancy affidavit. | Verified 2026-09-24 |
| Roy | The home must be occupied as the primary residence of the owner of record. | Verified 2026-10-17 |
| Salt Lake City | Required on single-family lots: owner (or qualifying family / family-trust trustor) must live in the main dwelling or the ADU. Duplex/multi-family/non-residential principal uses and temporary-absence exceptions differ—confirm before design. | Researched 2026-09-07 |
| Sandy | The owner must live in the home or the ADU as their primary residence. The deed must list the applicant personally (or as trustor of a family trust holding at least 50%), not an LLC, corporation or partnership. Proof includes a government ID showing the address, a notarized affidavit, and two of: a recent W-2 or 1099, voter registration, vehicle registration, or three utility bills. The permit ends when the home is sold, the owner moves out or the business license lapses, and it does not transfer to a new owner. | Verified 2026-10-17 |
| Santa Clara | The owner must live in the main home. | Verified 2026-09-24 |
| Saratoga Springs | The owner must live in either the main home or the ADU; temporary absences of up to three years (job assignment, sabbatical, military or volunteer service) have limited exceptions. | Verified 2026-09-24 |
| Smithfield | The owner must live in one of the units, except for documented temporary absences of up to three years (such as a job assignment, sabbatical, volunteer service, or a stay in a care facility). | Verified 2026-09-24 |
| South Jordan | The owner of record must live on the property and record an affidavit saying they live in either the main home or the ADU as their permanent residence. | Verified 2026-09-24 |
| South Ogden | Owner-occupied SF property | Researched 2026-09-07 |
| South Salt Lake | Owner or immediate family member must live in primary or ADU. | Researched 2026-09-07 |
| Spanish Fork | The property owner must live on the property. An owner who has lived there at least one year can apply to suspend this during a temporary absence of three years or less (such as a job assignment, sabbatical or voluntary service) or a move into a hospital, nursing home or similar facility. | Verified 2026-10-17 |
| Springville | Required — one of the units must be owner-occupied | Researched 2026-09-07 |
| St. George | An owner must live on the property, in either the main home or the ADU, and a deed restriction confirming owner occupancy must be recorded before the ADU is rented. | Verified 2026-09-24 |
| Syracuse | Owner occupant in primary or ADU | Researched 2026-09-07 |
| Taylorsville | The property owner must live in either the main home or the ADU; the ADU application must include two proofs of residency, such as a recent utility bill, a property tax notice or a Utah vehicle registration. | Verified 2026-10-17 |
| Tooele | The owner of the main home must live in either the main home or the ADU. | Verified 2026-09-24 |
| Tremonton | The property owner (as shown on Box Elder County tax rolls) must live in the main home or the ADU as a full-time resident, meaning at least 8 months of every 12; the permit can continue during a temporary absence if the owner notifies the city, and lapses after 24 months unless extended. | Verified 2026-09-24 |
| West Haven | Owner occupied more than 275 days/year (temporary-absence exceptions apply). | Researched 2026-09-07 |
Sources
- Utah Code 10-21-303 (internal ADUs)
- Utah Code 10-21-304 (S.B. 284, detached ADUs)
- Utah Code 10-21-101 (definitions)
City rules come from this site’s dated research; each city page lists its official sources. This is planning information, not legal advice. How the property screen works.