Provo considers changing pathways to acquire mother-in-law, basement apartment approval

PROVO — The Provo City Council is discussing changes to accessory dwelling unit requirements that could make acquiring approval for basement and mother-in-law apartment rentals more difficult.

Currently, city code has two pathways to receiving approval for accessory dwelling units, commonly known as ADUs: a land use text amendment, meaning a group of homeowners can apply to have their area's land use amended to allow ADUs, or a special use permit.

The issue has arisen after years of increasing tension among residents and city leaders, some of whom support adding more ADUs and some who oppose them in their neighborhoods. City leaders are now pushing to simplify the approval process and streamline enforcement through a group of proposals that were presented in Tuesday's meeting.

Current pathways to ADU approval

Multiple properties, such as entire neighborhoods, in areas in which ADUs are not allowed can apply for a text amendment to be added into the map of ADU-approved areas. The City Council approves or denies the request as a land-use decision. The process can be time consuming and requires a fee of $1,000.

For a special use permit, an individual property owner must gather signatures from neighbors showing a 66% majority approve of the ADU, submit documentation proving the unit meets the standards for an ADU and obtain a rental dwelling license. The permit is given based on an administrative decision of city staff to the property owner rather than by the City Council designating the land as approved.

The Provo City Council is considering a proposal that would eliminate the special use permit pathway. During Tuesday's meeting, several residents voiced their concern about this pathway being removed. The proposal was ultimately continued for discussion at the next council meeting in two weeks.

The proposal would take away the administrative pathway, but policy analyst Melia Dayley said there is a provision in the text amendment pathway where residents can gather signatures of approval from neighbors to waive the associated fee. Gathering signatures does not guarantee approval, but it does show the council the applicant has the neighborhood's support.

Dayley said approximately 49% of residential zones in Provo allow ADUs, a slight decrease from last year at 54%. In 2023, there were 18 special use permits granted. Twelve have been granted this year so far, with another dozen under review.

Dayley presented the proposal to the council Tuesday and said the Planning Commission recommended denial.

The state Legislature says by default, ADUs should be permitted in all primary residential zones, but cities can prohibit them in up to a third of residential zones. College towns, such as Provo, however, were given an exception to prohibit ADUs in up to two-thirds of residential zones, city attorney Brian Jones explained.

'ADUs help a city grow sustainably'

Councilman George Handley said the average salary isn't enough to own homes in Provo, so many people are turning to accessory dwelling units to help afford mortgages.

Single-family homes incur the greatest cost for cities as residents are spread out, and more roads and sewer lines are needed, so utilizing available space in basements at no extra cost to the city can be extremely beneficial, he said.

"The vast majority of those in the field of urban planning and smart growth know ADUs help a city grow sustainably while assisting homeownership," Handley said.

The threat of ADUs comes from people operating them illegally, but there is no data showing the special use pathway has increased violations, he added. It would be better to strengthen the city's enforcement of ADUs and provide more legal pathways rather than restricting them, he said.

The city passed proposals Tuesday that updated ADU requirements to require rental disclosures to be submitted to the city within 10 days of signing, simplified the code on agreements for single-family homes with more than one kitchen and refined documentation required to prove owner occupancy for ADU applicants. The council also approved lowering the age to 60 years old for "extra living space" for "elderly" people, which are similar to accessory dwelling units but have different requirements.

Councilman Travis Hoban said it sends a "real bad message" to remove a pathway that is "doing no harm" but is important to the homeowners who need it.

The city so far has been tactful in the rollout of ADUs and enforcement, but this proposal would push the city in the wrong direction as the rezone pathway "isn't practical" for most people, he said. Instead, the city should continue to roll out ADUs in a way it can enforce, he said.

"If we truly are supportive of homeownership and trying to enable good people to have an ADU, we should focus on enforcement and keep the pathway in place," Hoban said.

Councilwoman Rachel Whipple said there has been a manageable number of applicants for special use permits, and through this process, the city can better ensure people are being compliant.

"These are not scofflaws. These are not people who are doing violations and causing problems. ... For an enforcement point of view, this has only been a good and useful thing. To revoke this would be to take a step backward," she said.

Whipple said she would be interested in expanding the use of ADUs in the city to serve homeowners and "innocent tenants" by making it legal for more properties. The special use pathway could use some improvements but shouldn't be repealed unless a better process was implemented, she said.

Councilman Craig Christensen said his concern is with the enforcement of ADUs. He said he doesn't hate ADUs, he just doesn't think the special use permits are the right solution.

"I just think this piece of legislation is weak," he said. "I would like to see it be an orderly way of going about it, so neighborhoods and streets and groups of streets decide that rather than going door to door."

Public speaks out

Resident Ashley Jensen said she used to be against ADUs when she lived on Dover Lane, where the street was filled with cars from a majority of properties renting illegally. Since then, she has become pro-ADU — as long as enforcement is in place.

"I like that the city knows which ones are being rented. I like that they come in ... check that the living standards are good. It's better to just accept it and have rules around it so it keeps our city nice," she said.

Jordan and Zack Wright lived in a Provo basement apartment for several years and felt it helped them become responsible adults who contributed to their community. As future homeowners, they wish to provide that same experience for others and think the council should focus on educating residents about regulations rather than eliminating the pathway.

"It's a shame that so few people use legal avenues to rent their spaces," Jordan Wright said. "I hope that you'll open your minds to the possibility that ADUs in neighborhoods not currently zoned for them, can in the right circumstances be a very good thing."

Related topics