ADU rules in Orem

An accessory apartment must be located within the footprint of the single-family dwelling; an area connected only by a breezeway or similar structure does not count as within the footprint. Separately, §22-6-8(D)(7) provides that an accessory building/structure in a residential zone shall not be designed or used as a guest house or a separate apartment unit, so backyard-cottage or garage-conversion ADUs are not allowed.

Accessory apartments (defined in §22-2 as a subordinate dwelling with its own eating, sleeping, and sanitation facilities within a single-family dwelling) are allowed only in owner-occupied detached single-family dwellings, and are prohibited in any R5 zone or PRD zone. Maximum one accessory apartment per dwelling (§22-6-9(I)(2)).

§22-6-9(I) sets no floor-area limit for the apartment. The practical constraint is §22-6-9(I)(7): the apartment must be located within the footprint of the single-family dwelling.

Accessory apartments are allowed only in owner-occupied detached single-family dwellings; the owner must use the home as primary dwelling and mailing address, with a detailed ownership definition (record owner, at least 50 percent equity, trust and LLC rules). The only waiver is a bona fide temporary absence of three years or less for a temporary job assignment, sabbatical, or voluntary service (§22-6-9(I)(1)(h)). The city's info page confirms the owner may live in either the main home or the apartment.

The added stall may not be in the front yard setback and must be paved with concrete, masonry, or concrete pavers. Garage or carport stalls do not count unless the garage/carport holds more than two spaces, in which case the third space may count; a driveway counts only where widened beyond normal garage access. The city handout (rev 6/2022) frames the total as at least three paved off-street pads, which matches the two spaces §22-6-8(G) requires for the primary dwelling plus this stall.

An accessory apartment permit is issued by the Development Services Department after the applicant submits a site plan and detailed floor plans and pays fees; the section specifies no public hearing or discretionary approval. A rental dwelling license under Article 12-9 is also required (§22-6-9(I)(9)).

Accessory apartments are subject to the rental dwelling license in Article 12-9 (§22-6-9(I)(9)); a rental dwelling is defined there as rented for one month or longer. For a house with a legal ADU the license fee is paid with the initial application only, not annually, and a new owner must apply for a new license (§12-9-6). No license is needed when the dwelling is owner occupied and rented only to listed relatives (§12-9-3). No more than one family may occupy either the house or the apartment (§22-6-9(I)(1)(f)).