Garden City officials debate stricter ADU rules, licensing and owner-occupancy

Garden City officials and residents on March 18 reviewed a proposed accessory dwelling unit ordinance that would tighten local rules on who may rent ADUs, how large they can be and how they are regulated.

Mayor Mike Leonhardt and members of the Town Council and Planning Commission discussed defining occupancy (by bedroom count, square footage or headcount), requiring on-site parking for any rented ADU, and limiting ADUs to owner-occupied properties. Council members outlined proposed dimensional limits including 10-foot side and 30-foot rear setbacks for external ADUs, no front-yard ADUs, a proposed minimum ADU size of 600 square feet and a cap tied to either 1,000 square feet or 50% of the primary dwelling’s footprint. Members also discussed excluding ADUs from planned unit developments (PUDs) and potentially disallowing ADUs in accessory buildings unless they meet ADU setbacks and size rules.

The proposal would generally allow one internal and one external ADU per property provided the property owner lives on-site, and would prohibit subletting of ADUs. Town staff and council discussed an annual renewal or licensing process for rented ADUs, requiring a local contact or ‘‘property manager’’ listed for each rental, and adjusting water utility service when an ADU is permitted or licensed. The council noted that enforcement timing — such as whether new leases must be reported within 30 or 90 days — requires further staff review.

Public commenters urged clearer guidance. Resident Dana Hudrlik pointed to a Herriman City ordinance that requires a business license to rent an ADU and emphasized that the state requires owner occupancy of the primary residence. "The State requires the owner to occupy the primary dwelling," Hudrlik said, framing questions about whether second-home owners should be allowed to rent ADUs while off-site. Julie Fraughton reiterated the need to follow state rules on owner occupancy. Resident Austin Clark said long-term rentals are scarce in Garden City and nearby communities and argued ADUs could expand the pool of available long-term housing.

Commissioners and staff flagged safety and code references as relevant to final occupancy rules. Members agreed to reference Fire Code and the International Residential Code (IRC) minimum bedroom standards when determining lawful occupancy and discussed a practical rule of two people per bedroom as a starting point for the ordinance.

No formal votes or motions on the ADU ordinance were taken at the March 18 work meeting. Council and commission members directed staff to refine ordinance language on occupancy metrics, setbacks, allowable sizes, ownership and licensing procedures and to return with revised language at the next joint meeting. The council set a follow-up joint meeting for May 27, 2026, at 4 p.m.

More detailed technical and administrative questions remain, including whether short-term rental (STR) licenses would be grandfathered at renewal, how accessory buildings are defined relative to ADUs, and how utility services will be adjusted for new ADUs. Staff will return with draft ordinance language and enforcement options at the next work session.