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

Sandy City Code Section 21-11-1 conditions accessory apartment approval on strict owner-occupancy proof. The owner of the subject property must live in the primary dwelling unit and reside there as their primary residence, which rules out landlords who do not themselves live on the property from obtaining an accessory apartment permit. To prove ownership, the applicant must show a copy of a transfer deed listing them as the fee title owner; that fee title owner may be an individual or the trustor of a family trust holding 50 percent or more ownership of the primary dwelling, but may not be a corporation, partnership, limited liability company, or similar entity.

To establish that the property is genuinely the owner's primary residence, the applicant must present the owner's most recent state and federal tax returns both listing the property as the primary residence, present a government-issued identification document listing that same address, and provide a signed affidavit sworn before a notary public stating the property is the owner's primary residence and that they will occupy it as such, except for bona fide temporary absences. This owner-occupancy requirement sits within the broader package of application requirements for an accessory apartment, which also includes a dwelling description identifying the use of each room, a scaled site plan showing structures, parking, driveways, and walkways, and recordation of the approval with the Salt Lake County Recorder's Office including a reversion clause.

The special use permit tied to owner occupancy expires upon a sale of the property or a change of residence of the primary occupant, and it is not transferable to a new owner.