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

PROVO, Utah — The Provo City Council is discussing changes to ADU (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.

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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.

Read the full story at KSL.com.