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Provo council discusses state-mandated external ADU expansion and drafts local guardrails
Summary
Staff reviewed SB284 changes that expand where detached/external ADUs are allowed (parcels 11,000 sq ft or larger with single-family use). Councilors debated height, window placement/privacy, lot-coverage limits and separate utility laterals; staff will draft local amendments to preserve neighborhood character while complying with the new state rules.
Council staff briefed the Provo Municipal Council on SB284-driven changes to accessory dwelling unit (ADU) rules that take effect Oct. 1 and expand where external (detached) ADUs are permitted. The state law allows detached ADUs on any parcel 11,000 square feet or larger where single-family dwellings are a permitted use; it also limits local parking requirements for ADUs depending on unit size.
Policy analyst Malia Dailyaly presented a city map showing parcels newly covered by the state change and compared Provo's existing ADU rules with peer cities. Staff highlighted two provisions the city must change to comply with SB284: permissible parcel sizes and the parking standard (the state permits reduced off-street parking thresholds depending on ADU size). Dailyaly noted Provo also charges impact fees and requires permanent utility connections for external ADUs; those local rules differ from some peer cities and affect costs to build.
Council debate focused on tradeoffs between increasing housing options and protecting neighborhood character. Members raised privacy concerns where tall, multi-story detached units could overlook adjacent yards, suggested height and window restrictions or increased setbacks to reduce privacy impacts, and proposed clarifying maximum footprint or a percentage-of-primary-dwelling limit. Others said internal ADUs (conversion within an existing home) could be an alternative in some parcels and urged staff to evaluate allowing internal ADUs where the state permits external ones.
Council asked staff to draft specific guardrails (example items: lower maximum detached-unit height, window-overlook restrictions or placement standards, enforcement language to prevent parcel-splitting for resale, and revisiting requirements for separate utility laterals), and to return with proposed code language for the July/August zoning rewrite schedule. Staff noted that SB284 will not be active in Provo until Oct. 1 and the council will adopt local implementing language before that date.
