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Ogden, UT Accessory Structures: ADU Owner Occupancy (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Ogden City Code § 15-13-39.C
Core requirement
Owner occupies main dwelling or ADU
Application proof
Written owner-occupancy verification required
Ownership change
Voids the permit automatically

Summary

Ogden requires the property owner to live in either the main house or the accessory dwelling unit as a permanent, principal residence to qualify for an ADU. Titleholders must sign a written verification of owner-occupancy before the permit issues.

C. Occupancy: The property owner, which includes titleholders, must occupy either the primary or accessory dwelling as the property owner's permanent and principal residence in order to qualify for an ADU. 1. As long as the owner occupies the main dwelling or the ADU then the other unit is allowed to be rented under this ADU provision.

Full Breakdown

C makes owner-occupancy the gateway condition for any accessory dwelling unit: the property owner, including titleholders, must occupy either the primary dwelling or the ADU as their permanent and principal residence to qualify. 1 clarifies the mechanics: as long as the owner occupies either the main dwelling or the ADU, the other unit is allowed to be rented under the ADU provision. c requires the applicant to submit written verification that they are the owner of the property with permanent residency in the existing single-family dwelling, and to acknowledge they are the owner-occupant and will remain one for the ADU to stay permitted.

The Planning Division reviews this verification alongside the site plan and floor plans before issuing a land use permit. 4 ties its validity to continued ownership and occupancy: the approval lasts only as long as the owner who obtained it owns and occupies the property, a change of ownership voids the permit outright, and any new owner must reapply and separately qualify under the same owner-occupancy standard.

Violations & Fines

Failing to maintain owner-occupancy of either the primary dwelling or the ADU is noncompliance with § 15-13-39.C and is just cause for denial or revocation of the accessory dwelling permit. Revocation is decided at an administrative hearing before a Hearing Officer under Title 5, Chapter 1, Article C, and a revoked ADU must be removed within thirty days of the final determination under § 15-13-39.F.3.

Frequently Asked Questions

Do I have to live on the property to have an ADU in Ogden?
Yes. Ogden City Code § 15-13-39.C requires the property owner, including titleholders, to occupy either the primary or accessory dwelling as their permanent, principal residence to qualify for an ADU.
Can I rent out both the house and the ADU in Ogden?
No. Section 15-13-39.C.1 allows the non-owner-occupied unit to be rented only as long as the owner continues occupying the other unit, either the main dwelling or the ADU.
What happens to my Ogden ADU permit if I sell the house?
It ends. Under § 15-13-39.F.4, the land use permit is valid only for as long as the owner who obtained it owns and occupies the property; a change of ownership voids it and the new owner must reapply.

Sources & Official References

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