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State ADU law expands where detached units are allowed; parking and utility rules still under local review
Summary
City staff explained a state law now allows detached accessory dwelling units (ADUs) on residential parcels of 11,000 ft² (0.25 acres) or more and that parking standards will shift to one or two off-street spaces for detached ADUs depending on unit size; the city is reviewing implementation details and enforcement procedures.
Kristen Kramer, acting chair of the Northwest Neighborhood District, opened the meeting and introduced city staff who presented on changes to accessory dwelling unit rules.
Benadai Morta, a city code staffer, said the new state law allows ADUs on any residential parcel of 11,000 square feet or greater and that “one or two off-street parking spaces” will be required for detached ADUs depending on the ADU’s square footage. Morta explained the 650-square-foot threshold: “anything 650 ft or more would require two off-street parking spaces,” while smaller detached ADUs would generally require one.
Morta clarified how the state allowance interacts with existing local ADU overlays: properties already in an ADU overlay continue to follow the current local code and generally would not be compelled to meet the new site-size threshold. He told residents asking about existing units that “if there’s already an ADU in place, you would not need to meet those requirements. The ADU is already in place.”
On utilities and occupancy, Morta said detached ADUs typically require separate utility meters and separate sewer/water connections, and that detached ADUs must meet building, foundation and compatibility rules. He also reminded residents the city enforces occupancy and parking limits: the city recognizes a certain number of off-street parking spaces and may require properties to reduce vehicles or provide additional parking to match recognized spaces.
On enforcement, Morta described the process: staff have one week to investigate a complaint, then issue a notice of violation with a two-week compliance window; fines are assessed daily for ongoing violations, starting at $100 a day and escalating with time. He directed code questions and formal complaints to the district’s code compliance officer, Officer Robert Allen, and listed reporting options: the ClickFix app, provo.gov, 311, or direct contact with code compliance.
City staff acknowledged the cost and practical barriers for some homeowners — separate sewer hookups, covered parking, and design expenses — and said the city is exploring ways to reduce those burdens, including offering predesigned detached-unit plans through the Provo Housing Authority and reconsidering separate sewer connection rules. Morta also said only a small number of detached ADU applications were filed last year.
The city council is reviewing code changes and Morta told the group that the local interpretation and any ordinance updates need to be clarified by October 1. Residents pressed staff for clarifications about grandfathering, parking enforcement, and how many ADUs exist; staff answered those questions during the meeting.
What comes next: staff said council deliberations will determine final local standards and residents were encouraged to submit comments to council and to contact code compliance with specific enforcement concerns.
