Salt Lake City, UT Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Owner must reside on property
- Yes, per § 21A.40.200.C
- Duplex/multi-family exception
- No owner-occupancy needed
- Temporary absence allowed
- Up to 3 years
- Enforcement mechanism
- Recorded restrictive covenant
- ADUs per lot
- One, where permitted
Summary
Salt Lake City requires the property owner to live on-site wherever an accessory dwelling unit is built, with narrow carve-outs for duplexes, multi-family, and temporary absences.
C. Owner Occupancy Required: The owner of the property, as defined in this section, shall reside on the property... a. Owner occupancy is not required for an ADU located on a property with a principal use as a duplex, multi-family dwelling, or non-residential land use. A single-family dwelling with an attached ADU does not constitute a duplex.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-21: Code current through: Ord. 40-26, passed June 16, 2026).
Full Breakdown
City Code § 21A.40.200.C makes owner occupancy a default condition of adding an ADU: the recorded owner (or a qualifying relative or family-trust trustor) must reside on the property. The requirement drops away only for ADUs on a property whose principal use is a duplex, multi-family dwelling, or non-residential use, or for bona fide temporary absences of three years or less (military service, job assignments, sabbaticals) or a stay in a hospital, nursing home, or assisted living facility. The city enforces the rule through a recorded restrictive covenant tied to the building permit, not just a permit condition.
Violations & Fines
Zoning Enforcement (Planning Division) can act on the recorded restrictive covenant, which is enforceable by the city or any adversely affected party under Utah Code § 10-9a-802; the prevailing party in court recovers attorney fees.
Frequently Asked Questions
Does a single-family home with an attached ADU count as a duplex exemption?
Can the owner live elsewhere temporarily?
Sources & Official References
Other rules in Salt Lake City
Compare Salt Lake City to another location·View the Utah accessory structures overview
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ADU Owner Occupancy in Nearby Cities
How other cities in Salt Lake County handle adu owner occupancy.