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Council keeps 24-month owner-occupancy requirement in ADU code after debate

September 01, 2026 | River Heights, Cache County, Utah


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Council keeps 24-month owner-occupancy requirement in ADU code after debate
Councilors debated a proposed requirement that owners occupy the primary property for 24 continuous months before converting or creating an ADU intended for rental, a provision planning staff said would reduce speculative purchases and rapid flipping. Advocates of shortening the period argued 12 months or 18 months would be fairer to families seeking flexibility; others said two years reduces incentive for investors to immediately buy and profit from ADUs.

Keenan, representing the planning commission, described the 24-month provision as one of the attorney-recommended provisions intended to limit speculative buying: “you have to be an occupant of the subject property for 24 continuous months.” After council discussion about housing goals, compliance challenges and family needs, the council favored retaining the 24-month period as drafted, with the option to revisit if implementation creates unintended hardship.

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