14.30.040 Special Use Permit for Accessory Dwelling Unit.
(1) A property owner seeking to allow an accessory dwelling unit on a parcel in an area where such units are otherwise prohibited by Chapter 14.30, Provo City Code, may submit a special use permit application to the Development Services Department seeking conditional approval of such use.
(2) Application. Application for an accessory dwelling unit special use permit must be made on a form authorized by the Development Services Department and must be filed with that Department. The application must include:
(a) The fee established for the application by the Consolidated Fee Schedule;
(b) A list of addresses including the property for which the permit is sought and every immediately adjacent residential property, as defined in this Section.
(i) “Immediately adjacent residential property” means each and every property:
(B) That shares a common border with, or is immediately across or immediately diagonal from, or that lies within the same cul-de-sac as, the property for which the permit is sought, including any property separated only by a local street, canal, right-of-way, or other similar feature from the property for which the permit is sought;
(c) The name, address, and signature of the owners of at least sixty-six percent (66%) of the properties described in Subsection (2)(b) of this Section indicating that they are in support of the special use permit; and
(d) An application for a rental dwelling license meeting the requirements of Chapter 6.26, Provo City Code.
(3) Review and Approval. An application shall be reviewed by Development Services Department staff. The application shall be approved, and an accessory dwelling unit special use permit shall be issued if, but only if:
(a) The application meets all the requirements of Subsection (2) of this Section;
(b) The property for which the permit is sought meets all the standards for accessory dwelling units in Section 14.30.030, Provo City Code;
(c) The applicant qualifies for and receives a rental dwelling license; and
(d) The applicant signs, on a form authorized by the Development Services Department, an acknowledgement of, and promise to abide by, all Provo City ordinances and regulations related to the use of an accessory dwelling unit, including, but not limited to:
(i) Either the main dwelling unit or the ADU must be occupied by an owner occupant;
(ii) Off-street parking must comply with parking standards as outlined in Section 14.30.030, Provo City Code; and
(iii) The property owner must have a valid rental dwelling license at any time the accessory dwelling unit is in use.
(4) Application for a Permitted Use for Multiple Homes. Instead of submitting the special use permit application described in this Section, owners of multiple contiguous properties may submit a text amendment application to the Development Services Department seeking to amend this Chapter in order to designate accessory dwelling units as a permitted use for all the subject properties. Such an application shall follow the procedures in Section 14.02.020, Provo City Code, except that:
(a) The filing fee specific to such an application shown on the Consolidated Fee Schedule shall be required rather than the standard amendment fee; and
(b) The application need not comply with Section 14.02.020(1), Provo City Code, but instead must include the information described in Subsections (2)(b) and (c) of this Section.