Provo repeals pathway to acquire mother-in-law, basement apartment permits

PROVO — The Provo City Council repealed a pathway that has been in place for over a year for homeowners to acquire approval for basement and mother-in-law apartment rentals.

Since 2023, city code has provided two pathways to approval for accessory dwelling units — commonly known as ADUs — in areas where they are not zoned: a land use text amendment, in which a property group applies to have their area's land use amended to allow rental units, or through special-use permits.

For a special-use permit, an individual property owner must gather signatures from adjacent neighbors showing a 66% majority approval of the accessory dwelling unit, submit proof of meeting the standards for such a unit, 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.

Approximately 49% of Provo residential zones allow for accessory dwelling units. Since the special-use permit was implemented, only about 30 permits have been issued.

After a lengthy discussion and split opinions from residents, the council decided Tuesday to repeal the special-use pathway in a 4-3 vote. The pathway for multiple properties applying for a land use change to allow the rental units is still available.

Help in the housing crisis

Provo resident Casey Deccio said the repeal is "a step in the wrong direction." Other residents said removing it hurts those seeking to obey the law rather than the rule breakers causing the issues.

"It's a great pathway to promote the right kinds of ADUs Provo wants," Jessica Preece said.

The Dynes family said knowing they had the option to rent out the basement gave them confidence, and they wished for other families to share that same freedom.

Provo City Councilman George Handley said he believes claims that accessory dwelling units negatively affect neighborhoods are based on those who have violated the rules, such as renting to too many people or not being owner-occupied.

"Violations do challenge neighborhoods and ruin them, which is why we are united in improving enforcement capacities and why I think a legal pathway makes sense and invites people who need it to do it in the right way," he said.

Councilman Travis Hoban said Provo is already one of the most restrictive cities for accessory dwelling unit policies. He said it doesn't make sense to remove a pathway that has enabled such a small number of people to have a unit. "This pathway provides a common sense approach to ADUs," he said.

Although she didn't love the special use process when it was implemented, Councilwoman Rachel Whipple said she thinks the city should be taking feedback on the issue and improving the legislation rather than rescinding it.

"A lot of the ADU problems people complain about occurred prior to the special-use permit program. There is no evidence that this permit has caused more issues," she said.

Community tension

Councilman Gary Garrett said he recognizes that renting portions of homes is part of the solution to housing challenges, and has value in the right context, because it increases the housing supply without straining infrastructure. However, he said the special-use permit results in mixed zoning, creates arbitrary treatments of land and removes the council's legislative role for zoning.

It puts zoning decisions in residents' hands, which has been "acrimonious, unfortunately, and divisive," he said.

"I think we should repeal the special-use permit program that is flawed and instead focus on zoning that returns legislative oversight to a careful, thoughtful zoning process that is aligned with neighborhood goals," Garrett added.

Provo resident Laura Middleton said she deliberately chose to buy a home in an area zoned for single-family homes so the law would ensure "neighbors wouldn't be able to begin raising hogs in their backyard or build a soda shop in their front yard or begin renting their basement to a bunch of college students."

Maureen Lapray said her father bought a home in Provo years ago to rent to BYU students. After the neighbors got mad and left, her dad ended up buying more homes to rent out and even built a fourplex.

"It ruined the neighborhood. When people come in and start renting out, it increases cars, it increases traffic and it changes the dynamics of the neighborhood. Don't destroy Provo's single-family neighborhoods — the zoning was put in for a purpose," Lapray said.

Provo was the only city to try the special-use permits. Although the city hoped it would go well, Councilwoman Katrice MacKay said, "It has created significant discord in neighborhoods."

For some, the program has worked out great, while for others it has caused community contention and "chaos," she said.

"This isn't a matter of who is right and who is wrong," Councilman Craig Christensen said. "It's not an easy yes or no. The question, for me, comes down to who should decide. And my answer is, I think neighborhoods should decide."

Whipple suggested looking at the "extra living spaces" code that allows residents over 60 to rent out parts of their homes and explore a potential economic qualification aspect for those needing it. This could help a small but significant portion of residents, she said.

After the special-use permits were repealed, Whipple's motion for staff to look into those possible economic qualifying expansions was passed. City staff will present their findings in a work meeting by March 1.

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