Lehi, UT Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Owner occupancy
- Required for ADU license
- Affidavit
- Signed and recorded against the property
- Binds
- All future owners who operate the ADU
- Applies to
- Both internal and detached ADUs
Summary
Lehi will not license an accessory dwelling unit unless the owner of the primary home actually lives there. Section 26.030(A) requires the owner to sign and record an affidavit against the property confirming owner occupancy, binding every future owner who wants to keep operating the ADU.
A. Owner Occupancy Required. The owner of the primary residence shall live in the dwelling in which the ADU was created. The owner shall sign an affidavit therein stating that the primary dwelling will be owner occupied. This affidavit shall be recorded against the property and is required for all owners of the property who operate an accessory dwelling unit.
Full Breakdown
030(A) of the Lehi City Development Code, titled Owner Occupancy Required, states that the owner of the primary residence shall live in the dwelling in which the ADU was created, and that the owner shall sign an affidavit stating that the primary dwelling will be owner occupied. Recording that affidavit against the property, rather than just filing it with a permit application, means the owner-occupancy obligation travels with the deed: any future owner who wants to keep the ADU licensed and rented must also live in the primary home and is bound by the same recorded commitment, not merely the person who originally built the unit.
030. In practice this rules out corporate or absentee ownership of a Lehi ADU rental: the license only stays valid while the title holder occupies the main house, and a sale to a non-occupant owner who wants to keep collecting ADU rent without living on site puts the property out of compliance until the affidavit condition is again satisfied through owner occupancy.
Violations & Fines
An ADU operating under an owner who does not occupy the primary residence violates the recorded affidavit required by Section 26.030(A). The Planning Division can revoke the ADU license and require the rental to stop under Chapter 34 enforcement until the title holder resumes occupancy or the accessory unit is converted back to non-dwelling use.
Frequently Asked Questions
Can I rent out my Lehi ADU if I move out?
Does the owner-occupancy affidavit pass to a new buyer?
Does the owner-occupancy rule apply to detached ADUs too?
Sources & Official References
Other rules in Lehi
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ADU Owner Occupancy in Nearby Cities
How other cities in Utah County handle adu owner occupancy.