Eagle Mountain, UT Accessory Structures: ADU Owner Occupancy (2026)

EMMC 17.70.030(B) makes owner occupancy a condition of every accessory dwelling unit approval: the owner or owners of the residence must live in the dwelling in which the ADU was created, whether that means occupying the primary unit or the ADU itself, except for bona fide temporary absences. The applicant confirms this obligation in writing; EMMC 17.70.040(A)(1) requires the owner to sign the application agreeing to occupy the dwelling and to comply with the chapter's standards before the city will approve the permit.

The same subsection also controls who can live in the ADU itself. Occupants must be related to each other by blood, marriage, or adoption, or otherwise consist of no more than two unrelated individuals living as a single housekeeping unit, and those occupants may not sublease any portion of the unit to other people. The code carves out certain live-in help from the owner-occupancy and household-composition rules entirely: a live-in maid, in-home nurse, nanny, or similar person provided housing as part of their employment or services to the owner, occupation during a family member's military service, and occupation by relatives by blood or marriage do not count as ADU uses subject to this chapter. EMMC 17.70.040(C) lists owner occupation among the standards for which the planning commission may never grant an exception, unlike other ADU requirements that can be modified through a public hearing.