Planning commission backs text changes to Provo ADU rules; repeals signature-based fee waiver

Provo City Planning Commission members voted Oct. 22 to recommend that the Provo City Council approve ordinance text amendments to chapter 14.30 of the city code that replace the ADU map in 14.30.020 and repeal section 14.30.040, the special-use-permit/fee-waiver pathway for accessory dwelling units (ADUs).

The proposed changes include expanding the visible map coverage used to show where ADUs are allowed, removing confusing zoning labels and the map title, and repealing the signature-gathering fee waiver that had been tied to a special-use permit pathway. Melia, a Provo City policy analyst, told commissioners the map edits are a visual clarification and “it’s not a policy change. We’re just kind of trying to simplify our section of code for ADUs.”

Planners said the repeal of 14.30.040 removes a route that had allowed applicants to gather signatures from immediate neighbors to receive a 100% waiver of the ordinance-text-amendment fee. Staff and commissioners described the signature route as generating neighborhood contention. As explained in the staff report, applicants can still pursue ADUs by either applying for a rezone to a zone that permits ADUs or by seeking an ordinance text amendment to be added to the map; the repeal removes only the fee-waiver incentive associated with signature gathering.

Why it matters: commissioners and staff said the changes aim to reduce confusion for applicants and avoid a processing route that encouraged adversarial signature campaigns among neighbors. Melissa Kendall, a commissioner, warned that making ADU allowances permanent on a parcel can incentivize investors and make later enforcement harder; she said she would “love to know what the city council thinks about reinstituting the special permit path and reducing having a reduced fee because of that.”

Key details and implementation - Staff told the commission the visual map edits are intended to make more parcels visible for future ordinance-text-addition applications; no use-by-right policy expansion was proposed in the map edit itself. - The repeal targets 14.30.040 (the special-use-permit pathway) and removes the related fee-waiver that previously eliminated approximately $1,160 in fees for applicants who submitted the required signatures. Staff confirmed the prior special-use-permit application fee had been $500; a standard ordinance-text-amendment is $1,100 plus about $60 in noticing fees, and the signature route had effectively waived that $1,160. - ADU licensing and design standards in other parts of chapter 14.30 are not being amended in this proposal, staff said. Staff also clarified that detached ADUs generally require separate utility meters, while attached ADUs have different meter options; ADU licenses must be renewed annually like other rental licenses. - Enforcement: planners explained the city’s civil-fine structure for violations starts at $100 per day per violation for the first 30 days, escalates to $250 per day for the next 30 days, and to $500 per day thereafter once a verified violation is not remedied.

Process and next steps - The commission’s recommendation is advisory; the City Council must adopt, amend or reject the ordinance text amendments. Staff said the ordinance-text-amendment and rezone options will remain available to property owners who want ADU allowances where the map does not list them.

Vote and action - The commission’s motion to recommend approval passed by a 6–1 vote.

Provenance: Staff introduced the item and the proposed amendments at the meeting; the motion and vote concluded the item during the same hearing.