What do you think of the proposal to repeal the ADU Special Use Permit pathway for single properties?

Who Does This Issue Affect?

• Provo homeowners seeking to apply for an ADU permit
• Neighboring households

What Are ADUs?

Accessory Dwelling Units (ADUs) are secondary housing units located on the same property as a primary residence. They may include basement apartments, garage conversions, or detached small buildings. ADUs are permitted in specific residential zones, and they must meet certain requirements as described in the City Code. The proposed amendment is about how residents may obtain ADUs that aren’t already permitted.

Background

The Council committed to reviewing the ADU permit process (14.30.040) two years after its implementation. Feedback was collected from residents, Development Services, and Code Enforcement.

What’s Changing?

The Special Use Permit pathway for single properties is proposed for repeal. If repealed, homeowners would no longer have the option to apply for ADUs through neighbor approval and administrative sign-off. Homeowners would still have other pathways for obtaining ADU permits.

What the Proposed Amendment is NOT

This proposed amendment does not ban ADUs or affect existing ADUs. It changes how homeowners can apply for new ADUs by removing one specific approval method while keeping others in place.

Current Pathways to Obtain an ADU

Pathways for a Single Property (Proposed for Repeal)

1. Special Use Permit

   • Requires support from 66% of adjacent neighbors and administrative approval.
   • If unable to acquire 66% of neighbor signatures, the application is denied.
   • Special Use Permit expires after the current property owner leaves.
   • Not subject to Council approval.

2. Rezone or Ordinance Text Amendment

   • Requires an ordinance text amendment (a formal change to zoning laws) OR rezone to an ADU-permitting zone.
   • Application fee, Planning Commission recommendation, and Council approval required.
   • ADU allowance remains with the property even after the current property owner leaves.

Pathways for Multiple Properties

1. Special Use Ordinance Text Amendment

   • Same signature process as single property, but multiple properties can apply for ADUs collectively at reduced fee.
   • Subject to approval of City Council.

2. Rezone or Ordinance Text Amendment

   • Same process as single property, but multiple properties can apply for ADUs collectively at full fee.

Questions For You

• Do you support the repeal of the Single Property Special Use Permit pathway? Why or why not?
• How could this change affect you or your neighborhood?

Next Steps

This item has been continued to the December 3rd Council Meeting. Share your opinion at the meeting, email [email protected], or post on Open City Hall.

Resources

• Meeting Materials: agendas.provo.org
• City Code: provo.municipal.codes