14.34.450 Elderly Persons - Extra Living Space.
(1) Notwithstanding any contrary provision of this Title, one (1) or two (2) persons age sixty-five (65) or older who own and occupy a one-family dwelling located in an A1, RA, R1, or RC zone may allow two (2) additional persons over eighteen (18) years old and their minor children to occupy extra living space in the dwelling, subject to the provisions of this Section. For the purpose of this Section “extra living space” means any area within an existing structure originally constructed as a one-family dwelling which is made available by a resident owner for occupancy by the additional persons described above.
(2) Extra living space within a dwelling shall not be occupied as described in Subsection (1) of this Section unless each owner of the dwelling registers with the Development Services Department as provided in this Section. A registration shall be valid only if each registrant:
(a) is age sixty-five (65) or older,
(b) owns and continuously occupies the one-family dwelling where the extra living space is located, and
(c) signs a notarized agreement, prescribed by Provo City, which provides that the dwelling unit will not be converted into two (2) or more dwelling units.
(d) For the purpose of this Subsection:
(i) “continuously occupied” means the person actually inhabits the dwelling and has no other residence, and
(ii) “owns” means each person over sixty-five (65) who occupies the one-family dwelling:
(A) possesses fee title, either individually or as a joint tenant, to the property where the one-family dwelling is located, or
(B) is a trustee of a trust that owns the property and was created for the benefit of such person.
(e) If two (2) persons together own and occupy the one-family dwelling, the registration shall be in the name of both persons.
(3) A dwelling with extra living space shall conform to the requirements of the zone where the dwelling is located, except as otherwise set forth in this Section. The following requirements shall also apply:
(a) Extra living space shall be located within the dwelling and not within a garage or any accessory structure.
(b) Interior access shall be maintained between the extra living space and other portions of the dwelling.
(c) Exterior structural elements of the dwelling shall not be altered.
(d) No additional utility meters or outside entrances to the dwelling may be installed.
(e) City provided utilities and services, such as, but not limited to, power, sewer, water, and solid waste removal, shall be in the name of the property owner.
(f) The property address shall not be changed and no new address shall be created for the extra living space.
(g) The minimum number of parking spaces provided shall be as required by the zone where the dwelling is located, provided, however, that the number of off-street parking spaces shall be not less than the number of vehicles maintained on the premises.
(4) An application to register extra living space under this Section shall include the following:
(a) name and age of each registrant,
(b) address of the property where the dwelling with extra living space is located,
(c) the following documentary evidence which shows the property is owned and occupied by each registrant:
(i) copy of recorded deed, and
(ii) copies of any two (2) of the following documents which show the name of the registrant and the address of the property where the extra living space is located:
(A) voter registration card,
(B) Utah driver license, or
(C) current City utility bill,
(d) a sworn affidavit by each registrant stating that the registrant:
(i) is age sixty-five (65) or older,
(ii) presently resides on the subject property, and
(iii) has no other residence,
(e) payment of any applicable fee shown on the Consolidated Fee Schedule adopted by the Municipal Council,
(f) any other information reasonably required to enforce the provisions of this Section, and
(g) the agreement described in Subsection 14.34.450(2)(c) of this Section. Such agreement shall include provisions by which each registrant:
(i) certifies, to the best of the registrant’s knowledge or belief, that the use and occupancy of the one-family dwelling conforms to applicable ordinance requirements, and
(ii) agrees to comply with the provisions of this Section and any other applicable provision of this Title or the Provo City Code.
(5) Upon receipt of a complete registration application and payment of any applicable fee shown on the Consolidated Fee Schedule adopted by the Municipal Council, the registration shall be accepted. Extra space within the dwelling may thereafter be occupied by not more than two (2) additional persons over eighteen (18) years old and their minor children.
(a) An inspection of the dwelling shall not be conducted as a condition of registration.
(b) The registration shall expire in one (1) year from the date of acceptance and may be renewed upon:
(i) written certification by each registrant that the requirements of this Section have been met and will continue to be met during the new term of the registration, and
(ii) payment of any applicable fee shown on the Consolidated Fee Schedule adopted by the Municipal Council.
(6) A registration accepted pursuant to this Section:
(a) is personal to the registrant(s) to whom it is issued,
(b) shall not run with the land, and
(c) may be revoked upon noncompliance with the terms of this Section or any other applicable provision of the Provo City Code. Prior to revocation a registrant shall be entitled to an administrative hearing as set forth in Chapter 3.06, Provo City Code.
(7) Upon acceptance by the City of a proper registration, the registration and the agreement referenced in Subsection 14.34.450(2)(c) of this Section shall be recorded with the Utah County Recorder.
(8) Upon expiration or revocation of a registration, the occupancy of extra living space authorized by such registration shall be terminated and the one-family dwelling shall be occupied only as authorized in the zone where the dwelling is located. A kitchen located within extra living space may be retained as provided by the agreement described in Subsection 14.34.450(2)(c) of this Section. Upon reasonable notice, Provo City personnel shall inspect the premises to determine compliance with this Subsection.
(9) The Mayor may adopt any regulation which the Mayor deems necessary to enforce the provisions of this Section.