14.30.030 Accessory Dwelling Unit (ADU) Development Standards.
ADUs shall be subject to the following development standards:
(1) Number. No more than one (1) ADU shall be permitted in conjunction with each one (1) family detached dwelling.
(2) Location. ADUs may be located only:
(a) Over an attached garage, provided the ADU has access to required parking and does not otherwise disrupt required covered parking;
(c) In an addition to a one (1) family detached dwelling; provided, that the addition will not alter the one (1) family character of the building; or
(d) As a detached accessory structure or within a detached accessory structure located in the rear and/or side yard in accordance with the following requirements:
(i) The accessory structure in which the ADU is located shall have a building footprint and height less than the main dwelling, but in no case shall the accessory structure be less than two hundred (200) square feet in area;
(ii) A detached ADU or a detached accessory structure containing an ADU shall be set back from any property line no less than ten (10) feet or the distance of the existing setback of the one (1) family dwelling from that same property line, whichever is less;
(iii) The accessory structure shall be architecturally compatible with the main dwelling;
(iv) The accessory structure shall be permanently affixed to a site-built foundation and shall be designed in accordance with Provo City adopted building codes;
(v) The accessory structure must be approved for, and permanently connected to, all required utilities with a connection and meter independent and separate from the one (1) family dwelling; and
(vi) Shipping containers shall not be permitted for use as an ADU unless they can meet all building codes and are clad with materials similar to and architecturally compatible with those of the main dwelling.
(3) Appearance. The ADU shall not alter the appearance of the structure as a one (1) family detached dwelling and shall not resemble in any degree a side-by-side, side-to-back, back-to-back, or other type of two-family dwelling. There shall be no external evidence from a street view of occupancy by more than one (1) family, such as two (2) front doors on the main dwelling. The yard areas of the property shall be maintained free of weeds, junk, solid waste, or other materials constituting a violation of the Provo City Code. An ADU shall not be authorized on a property that has outstanding ordinance violations.
(4) Occupancy. A one (1) family dwelling with an ADU, which is authorized by and conforms to the requirements set forth in this Section, shall, for purposes of this Subsection, consist of two (2) component parts: the main dwelling unit and the ADU. Those two (2) parts shall be occupied as follows:
(a) Except as otherwise provided in Subsection (4)(d) of this Section, either the main dwelling unit or the ADU must be occupied by an owner occupant as that term is defined in Section 14.06.020, Provo City Code. If this requirement is not met, no ADU shall be permitted.
(b) The occupancy of the main dwelling unit shall be limited to one (1) “family” as that term is defined in Chapter 14.06, Provo City Code, except that if the ADU is also occupied, the occupancy of the main dwelling unit may not include the two (2) additional related or unrelated individuals described in Subsection (b)(i)(B) of the “family” definition in Section 14.06.020, Provo City Code.
(c) The ADU shall not be occupied by more than three (3) related or unrelated adults, together with any minor children of those adults.
(d) Owner occupancy shall not be required when the owner has submitted a temporary absence application prior to beginning of the temporary absence and meets the following criteria:
(i) The owner has a bona fide, temporary absence of three (3) years or less for activities such as temporary job assignments, sabbaticals, military service, or voluntary service (indefinite periods of absence from the dwelling shall not qualify for this exception); or
(ii) The owner is placed in a hospital, nursing home, assisted living facility or other similar facility.
(iii) The owner has resided in the residence for at least one (1) year prior to beginning the temporary absence.
(5) Parking. A one (1) family dwelling with an ADU shall have at least four (4) off-street parking spaces. Two (2) tandem parking spaces (front to rear) shall be permitted when the front and back spaces are both designated to serve either the ADU or the principal part of the dwelling unit. Parking spaces for a one (1) family dwelling with an associated ADU may be located on a driveway in a required front yard, provided the driveway leads to the minimum number of required covered off-street parking spaces. In no case shall the number of off-street parking spaces be less than the number of vehicles being maintained on the premises. Parking shall comply with all other regulations of Chapter 14.37, Provo City Code.
(6) Utility Meters. A one (1) family dwelling with an internal ADU shall have at least one (1) but no more than two (2) meters for each water, gas, and electricity utility service, and each meter shall be in the property owner’s name. A detached ADU or a detached accessory structure containing an ADU must have its own separate meter, and each meter shall be in the property owner’s name.
(7) Addresses. The ADU shall have its own address assigned by Provo City.
(8) Outside Entrances. Outside entrances to the ADU shall be on the side or rear of the building. Only one (1) front entrance shall be visible from the front yard.
(9) Building Codes. All existing construction and remodeling shall comply with building codes in effect at the time of the original construction or remodeling. Newly constructed ADUs shall meet current building codes.
(10) Rental Dwelling License. In accordance with Chapter 6.26, Provo City Code, any person operating an ADU under this Chapter shall obtain a rental dwelling license (RDL). Such license shall be in addition to any building permits that may be necessary. Before a rental dwelling license for an ADU is issued, the applicant shall:
(a) Submit a site plan drawn accurately to scale that shows property lines and dimensions, the location of existing buildings and building entrances, proposed buildings or additions, dimensions from buildings or additions to property lines, the location of parking stalls, and utility meters.
(b) Include detailed floor plans drawn to scale with labels on rooms indicating uses or proposed uses. Floor plans must have the interior connection clearly labeled.
(c) Pay an application fee as shown on the Consolidated Fee Schedule adopted by the Municipal Council.
(d) Noncompliance with the standards of this Section shall be just cause for the denial or revocation of a rental dwelling license for an ADU. Revocation shall be in accordance with the license regulations in Chapters 6.01 and 6.26, Provo City Code.
(e) Notwithstanding Section 6.01.090, Provo City Code, the approval of a rental dwelling license for an ADU shall automatically expire one (1) year after the date of the approval, or upon transfer of the property to another owner, whichever occurs first; provided, however, that the existing owner may reapply or the new owner may apply for an extension of such rental dwelling license.
(f) The owner shall cooperate with the Development Services Department in recording a deed restriction with the County Recorder evidencing the restrictions under which the accessory apartment unit is constructed and occupied. This deed restriction shall run with the land as long as the property is in an overlay zone described in this Chapter, or otherwise contains an accessory apartment as provided in this Chapter.
(g) The owner shall renew the rental dwelling license annually and confirm that the dwelling is the owner’s primary residence by providing at least two of the following forms of verification: a current driver license, current vehicle registration, voter registration card, last filed state tax return, and/or last filed federal tax return.