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Commission begins work on state‑mandated detached ADU rules
Summary
Orem planning staff told commissioners the state requires allowing detached accessory dwelling units; staff will return with draft code language in July focused on setbacks, lot‑size sizing and licensing to limit short‑term rental misuse.
Orem planning staff told the commission on June 3 that the state has mandated cities provide for detached accessory dwelling units (ADUs), prompting a detailed discussion of setbacks, sizing and enforcement.
Jared, a city planner, said the city already allows internal ADUs but must draft rules for detached units — “guest houses,” he said — and will prepare a matrix of ideas and tradeoffs to present in July. He explained that the state gives cities discretion on parameters such as setbacks and size: “the rules of them, there are a few parameters, but they're mostly up to us about how setbacks and things like that will all work,” Jared said.
Commissioners discussed options for sizing units by lot‑area percentage rather than a fixed footprint, citing local variation in lot depths. One member noted many local yards are long and narrow, warning that a fixed setback could exclude lots in parts of the city. A lending‑industry concern surfaced as well: one commissioner said financing a detached ADU can be difficult for owners with low fixed‑rate mortgages and asked whether the city could allow condominium platting for financing; staff cautioned that condominium conversion would change the accessory nature of ADUs.
Another thread of the discussion addressed enforcement and short‑term rentals. The commission heard that licensing could be used to limit transient rentals and to provide a mechanism for complaint‑driven enforcement: “We do license ADUs so we can control that somewhat,” Jared said, adding that licensing could require 30‑day minimum stays and allow code enforcement to act if violations arise.
Staff recommended bringing draft language in July to meet the state's timeline. The commission directed staff to prioritize simple, implementable options at first and to include provisions addressing lot‑size percentage, limits on multiple ADUs on a lot, parking needs and licensing to deter short‑term rental uses.
The next step is that staff will prepare draft code language and examples for commission review in July; any specific site engineering, subdivision or design details would come later during site plan review.
