Washington County, UT Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Occupancy threshold
- 183 consecutive days/year
- Rentable units
- Only 1 unit per lot may rent
- Deed restriction
- Recorded restriction required, § 10-13-18.D.3
- Temporary leave allowance
- Up to 2 years, military/religious
- Enforcing agency
- Community Development Department
- License tie-in
- Business license required to rent
Summary
In unincorporated Washington County, an accessory dwelling unit or the main house must be owner-occupied at least 183 days a year before the other unit can be rented long-term. The rule ties owner-occupancy to the county assessor's primary residential exemption, not just a lease address.
Occupancy. Either the accessory dwelling unit or the single-family dwelling shall be owner-occupied, and be the primary residence of the owner-occupant with the primary residential exemption as determined by the Washington County assessor's office, in order to utilize the other dwelling as a long term rental dwelling. The non-owner-occupied unit is limited to no more than one family. For the purposes of this subsection "owner-occupied dwelling unit" means a unit that is occupied by the owner for a minimum of one hundred eighty-three (183) consecutive calendar days during the calendar year, except temporary leave for religious, military, or other legitimate purposes qualifies as owner occupancy if not exceeding two years. While away, the owner shall not offer the owner-occupied dwelling unit for rent separately from the accessory dwelling unit.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-17: Code current through: Ord. 2026-1329-O, passed 8-18-2026).
Full Breakdown
4 requires that either the accessory dwelling unit (ADU) or the primary single-family dwelling on the same lot be owner-occupied before the other unit can be rented on a long-term basis. The code defines "owner-occupied" precisely: the owner must physically occupy the unit for at least 183 consecutive calendar days during the calendar year, and the exemption ties to the primary residential exemption the Washington County Assessor's office grants for that parcel, not merely legal title. A temporary absence for religious, military, or other legitimate purposes still counts as owner occupancy so long as it does not exceed two years, but while the owner is away the code bars advertising the owner-occupied unit for rent separately from the ADU.
3, the county also requires the owner to record a deed restriction, on a form the county accepts, before the non-owner-occupied unit may be long-term rented; the restriction must state that the lot or parcel will remain owner-occupied. f, and renewal of that license depends on the owner continuing to prove compliance with the occupancy standard. Only one ADU on a property may ever be rented, and the non-owner-occupied unit is capped at housing no more than one family. Community Development staff review ADU land use permit applications for compliance with this section alongside the standard site plan, floor plan, and utility plan submittals, and route them to the fire authority, health department, and Building Division before a permit issues. The section was most recently amended by Ordinance 2025-1292-O on May 6, 2025.
Violations & Fines
Washington County Code § 10-13-18.E ties enforcement to the business license, not a standalone fine: noncompliance with the owner-occupancy standard is "just cause" for the county to deny a business license application or renewal, or to revoke an existing license, whenever the original approved conditions no longer hold. The chapter also incorporates the penalties set out in the county's general zoning enforcement provisions for chapter violations.
Frequently Asked Questions
How many days must I live in my Washington County ADU or house to rent the other unit?
Can I be away from my Washington County ADU property and still meet the owner-occupancy rule?
Do I need a deed restriction to rent an ADU long-term in Washington County?
What happens if I stop meeting the owner-occupancy requirement after renting my ADU?
Sources & Official References
Other rules in Washington County
Compare Washington County to another location·View the Utah accessory structures overview
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