Weber County, UT Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Governing section
- Land Use Code § 108-19-3
- Owner-occupancy
- ADU or primary home must be owner-occupied
- Rental cap on non-owner unit
- No more than one family
- ADUs per parcel
- One, unless code states otherwise
- Permit verification
- Owner-occupant statement required, § 108-19-5
- Applies in
- Unincorporated Weber County only
Summary
Weber County requires that either the accessory dwelling unit or the primary single-family home stay owner-occupied at all times. An owner who leaves cannot rent out the unit they normally live in, and the non-owner-occupied side is capped at one family.
Occupancy. Either the accessory dwelling unit or the primary dwelling shall be owner-occupied. While away, the owner shall not offer the owner-occupied dwelling unit for rent. The non-owner-occupied unit is limited to no more than one family.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: ?).
Full Breakdown
Under Land Use Code Section 108-19-3, the county's General Provisions for accessory dwelling units set occupancy as a standing condition of legality, not just an application checkbox. Either the ADU or the primary dwelling must be owner-occupied, and while the owner is away they may not turn around and rent out the unit they otherwise live in themselves; the code treats that as evading the occupancy requirement. The unit that is not owner-occupied is limited to no more than one family, keeping the property functioning as a single-family lot with one accessory unit rather than a duplex.
The requirement carries through to permitting: Section 108-19-5 requires the applicant to submit written verification that they own the property, have permanent residency in the existing single-family dwelling, and will remain an owner-occupant, before Planning Division staff will issue a land use permit for an ADU. Only one ADU is allowed per parcel with a single-family dwelling under Section 108-19-3. County authorization from the Fire Authority, Addressing Official, Culinary Water Authority, Sanitary Sewer Authority, and Building Official is also required before the unit can be occupied. These occupancy standards apply only in the unincorporated county; cities such as Ogden, Roy, and North Ogden administer their own separate ADU rules.
Violations & Fines
Section 108-19-7 makes noncompliance with the owner-occupancy standard just cause for denial or revocation of the business license needed to rent the ADU long-term, on top of general Land Use Code enforcement under Section 102-4-4: a notice of violation giving 14 days to cure, then administrative citations of $100 for a first offense, $200 for a second, and $400 per violation per day for a third or subsequent offense, plus possible court abatement.
Frequently Asked Questions
Can I rent out my Weber County home and the ADU at the same time?
What if I leave town for an extended period?
Does the county verify owner-occupancy before issuing a permit?
Sources & Official References
Other rules in Weber County
Compare Weber County to another location·View the Utah accessory structures overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.