Frequently Asked Questions
1. How many licenses have been issued for ADUs in the Southeast Ogden Community Plan area?Currently, there are fewer than five ADU licenses issued throughout the entire City. The City is aware, however, that there are many ADUs in the City that do not have proper licensing.
2. Is an ADU the same as a Vacation Rental?No. A vacation rental, or short-term rental, is the rental of an entire home or part of a home for a period of at least 3 days and not more than 30 days. Vacation rentals are licensed and regulated separately. A property owner may not rent the primary dwelling unit or the accessory dwelling unit as a vacation rental and as an ADU at the same time.
3. How is an ADU different from a traditonal rental?A traditional, long-term rental, as opposed to an ADU rental or vacation rental, is the rental of an entire dwelling unit for a period of more than 30 days. The renting of primary dwelling units as traditional, long-term rentals is not regulated by the ADU ordinance. Federal and state fair housing laws prohibit the City from banning or selectively regulating traditional, long-term rentals. However, because ADUs are considered an accessory use, the City may regulate the allowance and use of ADUs and require owner occupancy as a condition of the use. Traditional rentals are subject to the same zoning and building code standards as owner-occupied properties.
4. What counts as owner-occupied?As defined in the ADU ordinance, an owner-occupied home is one in which the residence is the owner’s primary place of residence. The owner may have a seasonal residence and may be away from the property for up to four months of the year; however, the owner may not rent out the primary residence in his or her absence.
5. If the person who is renting the accessory dwelling is related to the owner, does that count as an ADU?Yes, if a portion of a home is being rented to a family member in a manner that creates a living unit separate and independent from the single-family home. The City’s definition of family allows individuals who are related by blood, marriage, adoption or guardianship to reside in a single, non-profit housekeeping unit. Living as one independent unit in the entire home does not constitute an ADU and does not require a license for such. The ADU ordinance would apply to up to two adults whether related or unrelated to the homeowner who occupy part of the home and who pay rent or provide some other form of compensation in a manner that creates a separate, for-profit dwelling unit.
6. Has the City had complaints about ADUs in the Southeast Ogden area?No formal complaints specific to ADUs have been made. However, other complaints relating to rental properties have been made.
7. Do I still need an ADU license if I rent part of my house, such as a bedroom or basement area, to someone unrelated such as a college student or to missionaries?Any time a single-family home is occupied by more than one single family as defined by the city ordinance (see above), and they pay rent or provide some other compensation intended to create a for-profit unit, the home either needs to be licensed as an ADU, a vacation rental if the duration is less than 30 days, or a duplex if the zoning allows for it.
8. If I’m interested in creating and operating an ADU, do I need to get building permits for changes to my home?
Yes, for significant changes. If there are structural changes made to the house, proper building permits must be obtained. Structural changes may include things like a new entrance, creating new bedrooms, or making plumbing and electrical changes. Minor improvements such as carpet, paint, cabinets, and countertops do not require permits.