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Fair Zoning Initiative

"No zoning ordinance may discriminate on the basis of marital status, family status, real property ownership, or educational status."

Current Law & What will change?

Here is a list of the most discriminatory and convoluted sections of the city code. Some of it even contradicts itself -- we can't even get agreement between Cindy Richards and Ray Christensen on what it means.

  1. Currently there are no limits on the number of related people that can live together in houses (however cousins and inlaws do not count as related by Provo City).
    But there are limits on the number of unrelated people that can live together:
    1. If the owner does not live in the house then only 2 unrelated people can live there.
    2. If the unmarried homeowner lives in the house, then the maximum is 3.
      Definition of "Family" by Provo City:
      1. One individual living alone, or
      2. A head of household and all persons related to the head of household by blood, marriage, adoption, guardianship, or other authorized custodial relationship & not more than 2 unrelated people
      3. In 14 neighborhoods of Provo, 2 unrelated or related individuals and their children
      4. In the remaining 16 neighborhoods, 3 unrelated or related individuals and their children
      Provo City Code 14.06.020. Definitions: Baching Singles, Dwelling-One family, Dwelling-Two Family, Dwelling-Multiple Family, and Family
      Note that the insertion of "related or unrelated" on the limits of 2 and 3 makes the issue cloudy and not clear. Having a limit of 2 or 3 on related people actually contradicts definition #2 of family which says "all persons related to the head of household". How can they say "all persons related" yet then say "no more than 2 related"?! They contradict themselves. We believe it as an attempt to claim fairness. It is not.

      When we simplify the tangled formulas above it comes down to this and this is verified by many statements by the city council on the public record:

      1. Provo says that a "family" can be 1 person living alone, OR
      2. A head of household and unlimited persons related to them by blood, marriage, or adoption, with the exception of cousins or in-laws, OR
      3. According to 14 neighborhoods, 2 unrelated adults plus their children, OR
      4. According to the other neighborhoods, it's 3 unrelated adults plus their children.

    So this initiative will:

    1. remove the limitations of 2 or 3 unrelated adults per house, depending on which neighborhood you ask
    2. remove the limitations of no cousins or inlaws living with a head of household.
    3. Laslty, and most importantly if will restore the definition of the family to the traditional family -- in other words unrelated people are not family & cousins and inlaws should be counted as family, at least extended family!
      Why Provo City ever hacked the traditional definition of the family is beyond us. It could be argued that defenders of Provo City's current zoning laws are the ones who need to seriously consider the law's partial anti-family (cousins and inlaws) bias. We have always been pro-family and forever will be and are trying to help restore that to Provo.

    A limit should be made for safety and traffic and public services reasons -- but it must be the same for everyone, both related and unrelated individuals, in all houses.

     
  2. Owner occupancy requirements will be removed in zones with basement or upstairs apartments
    1. Supplementary Residential Overlay Zone
      Allows a house to have a basement or upstairs apartment with a maximum of 4 adults in it.
      One of the dwelling units within the structure shall be occupied by the owner of the property. Provo City Code 14.30.030 Permitted Uses, (2)Occupancy,(c)
    2. Accessory Apartment Overlay Zone
      Allows a house to have a basement or upstairs apartment with a maximum of 2 adults in it.
      One of the dwelling units within the structure shall be owneroccupied Provo City Code 14.46.030 Permitted Uses,(2)Occupancy,(d),(i)
     
  3. In the zones that allow apartments within the house -- if the owner is single, then the owner must live by himself in his part of the house -- he can't have any roommates. This is ridiculous. So a single homeowner with a basement apartment has to live alone in her part of the house.
    One of the dwelling units within the structure shall be occupied by: One (1) person living alone;
    Provo City Code 14.30.030 Permitted Uses, (2)Occupancy,(a),(i)
    Provo City Code 14.46.030 Permitted Uses, (2)Occupancy,(d),(i), (A)
     
City code breakdown provided by:
Roger L. Brown
ProvoCitizens.net, 356-1032

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