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

Orem City Code Section 22-6-9(I) confines accessory apartments to owner-occupied detached single-family dwellings, and expressly excludes any R5 zone or PRD zone lot. The code defines 'owner-occupied' narrowly: the dwelling must be the owner's primary residence and mailing address, and 'owner' means the person listed as owner of record with the Utah County Recorder. Where title is split among multiple people, the occupant(s) must hold at least a 50% equity interest; where title sits in a trust, the occupant must have created the trust for estate planning and retain at least a 50% beneficial interest; and where a corporation or LLC holds title, the occupants must own at least 50% of that entity. The ordinance also disqualifies several relationships from counting as ownership altogether, including a person holding only an option or contract to purchase, children or other relatives of the true owner, and anyone added to title without paying fair market value for their share.

A narrow exception lets owner-occupancy lapse without losing the accessory apartment: if the owner is away for a bona fide temporary job assignment, sabbatical or voluntary service of three years or less, lived in the home immediately before leaving, and intends to return, the home keeps its owner-occupied status. Indefinite absences do not qualify. Only one accessory apartment is allowed per owner-occupied detached single-family dwelling, and the burden of proving owner-occupied status, with documentation, falls on the applicant. Every accessory apartment also requires a permit from the Development Services Department, including a scaled site plan, floor plans and applicable fees under the City's resolution establishing fees and charges.