Definition of 'single family' debated

Published: Thursday, March 30, 2006 7:30 p.m. MST
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PROVO — The Municipal Council is debating how to define "single family."

It's not defined by the number of kitchens in its home.

The definition of a single family as a group of related people living together plus two unrelated people also was found wanting.

Both of those definitions, which are in the city's zoning ordinances, are confusing, said Councilwoman Cynthia Dayton. So why not change them?

"The question is, why are two people who aren't related your family?" she said, adding that "It's time to move kitchens out of definitions of family."

A proposed amendment would define a family as people who are related by blood, marriage, adoption or other legal means. Up to two licensed caregivers and service providers could be considered family provided they are not paying rent.

Renting out basements or side apartments in a single-family residential zone would be illegal.

A homeowner could have as many kitchens as he or she wanted — as long as none were for the purpose of a rental, said council chairman George Stewart.

The proposed ordinance is designed to maintain the integrity of the single-family zone.

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Stewart sees the ordinance as part of a cleanup process to get Provo's codes up to date.

Accessory apartments were appropriate when Brigham Young University students did not have access to adequate rental housing. Now, with student housing complexes popping up all over the city, they are no longer needed, he said.

However, Councilman Steve Turley said accessory apartments allow for more affordable housing in decent neighborhoods for lower-income families.

He cited the U.S. Housing and Urban Development award that Provo received because of the accessory apartment ordinance.

He also said having a lot of family members living in one house could have more impact on a neighborhood than a quiet individual or couple living in somebody's basement.

Stewart, citing his family of 13, said that "could be an issue, but it really isn't. I think it's a red herring when someone throws that out."

Gary McGinn, city community development director, said complaints to zoning officials sometimes concern extended families.

"Every year we do get a number of those complaints that there's over-occupancy, and then go and investigate and either they've got a large family and have lots of kids with cars, or Mom and Dad and their married kids and grandchildren," he said.

He said neighbors usually called when they were put out by the noise, traffic and cars parked along the side of the road.

"Sometimes it is an illegal occupancy situation. Sometimes it's parents helping out children and grandchildren that are in difficult financial situations," he said.

Stewart said renting is a business and the city can and should regulate it, but butting into people's family lives is beyond what they should be doing.

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