Orem, UT Accessory Structures: ADU Rental Restrictions (2026)
Key Facts
- Governing rule
- 22-6-9(I)(9) ties ADU to Article 12-9 license
- Family exemption
- No license needed only for close relatives
- ADU fee break
- One-time fee, no annual renewal (Sec. 12-9-6)
- On sale
- New owner must reapply, pay fee again
- Appeal path
- Administrative law judge under Article 11-3
Summary
An Orem accessory apartment must carry a rental dwelling license under Orem City Code Section 22-6-9(I)(9) and Article 12-9, but the owner pays the license fee only once, not annually, for a legal ADU under Section 12-9-6. A new owner after a sale must reapply and pay the initial fee again.
Rental Dwelling License. Accessory apartments are subject to the rental dwelling license requirements set forth in Article 12-9 of the Orem City Code. [12-9-3] It is unlawful for any person, as owner, lessee, or agent thereof to keep, conduct, operate or maintain a rental dwelling within the City of Orem...without a valid rental dwelling license...A rental dwelling license shall also not be required where a dwelling is "owner occupied"...and the owner rents only to one or more persons who are all related to the owner as a spouse, parent, child, grandparent, grandchild, brother, sister, uncle, aunt, nephew, niece, great-grandparent or great-grandchild. [12-9-6] The owner of a house with a legal Accessory Dwelling Unit (ADU) is required to pay the licensing fee for the initial license application and is not required to pay the licensing fee on an ongoing annual basis. If a house with a legal ADU is sold to a new owner, the new owner is required to apply for a new license and pay the initial application fee.
Full Breakdown
Orem City Code Section 22-6-9(I)(9) subjects every accessory apartment to the rental dwelling license requirements of Article 12-9. Under Section 12-9-3, it is unlawful to keep, conduct or maintain a rental dwelling, including a home with an accessory apartment, without a valid rental dwelling license; a license is not required only where the dwelling is 'owner occupied' under Section 22-6-9(I)(1) and the owner rents solely to close relatives (spouse, parent, child, grandparent, grandchild, sibling, aunt, uncle, niece, nephew or great-grandparent/child). Because an accessory apartment by definition sits in an owner-occupied home, this family exception excuses the license only when the renter is a qualifying relative; renting to anyone else still requires the license.
Section 12-9-6 gives accessory apartments a specific fee break not available to ordinary rentals: the owner of a house with a legal ADU pays the rental dwelling license fee only with the initial application and is not required to pay it annually thereafter. That break does not transfer with the property. If a house with a legal ADU is sold, the new owner must apply for a new license and pay the initial application fee again before renting the apartment. A license applicant must also show the rental dwelling complies with all applicable zoning ordinances, and the license itself is non-transferable under Section 12-9-9, requiring 30 days' written notice to the business license official whenever ownership or control changes. Denial, suspension or revocation of the license can be appealed to the administrative law judge appointed under Article 11-3.
Violations & Fines
Renting an accessory apartment to a non-relative without a valid rental dwelling license violates both Section 22-6-9(I)(9) and Section 12-9-3, and is enforceable as an infraction under Section 12-9-12, alongside possible administrative nuisance enforcement action. A new owner who rents an inherited accessory apartment without first applying for a new license, or who fails to give the required 30-day transfer notice under Section 12-9-9, also risks license denial, suspension or revocation.
Frequently Asked Questions
Does an Orem accessory apartment need a rental license?
Do I have to pay the rental license fee every year for an ADU?
What happens if I rent my Orem ADU without a license?
Sources & Official References
Other rules in Orem
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