McGinn said the zoning laws are critical in a city with so many students from Brigham Young University and Utah Valley State College, soon to be Utah Valley University.

"The thing that's unique about Provo as opposed to many cities in the state is we have two large universities in town, BYU and UVSC. We have a much lower owner-occupancy rate than I think any other city in the state. We have a lower owner-occupancy rate than other cities in the country of our size that have a large university in it like we do."

Homes occupied by the owners create stability for communities, he said. City leaders not only created zoning incentives for owner-occupancy, such as allowing some homeowners, married or single, to have accessory apartments if they live in the house, but they have created multiple programs to try to boost owner-occupancy.

"One of the problems is sometimes people want to loosen up the zoning laws to use property as student housing," McGinn said. "I don't know what the motivation is behind this initiative, but we treat married couples and single people with children the same."

He said the city's ordinances allow him and his wife to live with their five children and would allow two unrelated people with five children to live next door. But they don't allow seven unrelated people to live together.

"I think most people say, 'thank goodness,' frankly," McGinns said. "Because it's one thing when we're operating a family and another when you have seven unrelated people living there as an apartment house or student housing. The U.S. Supreme Court said we can put a limit on the maximum number of people who can live there."

Some residents have supported Provo's strict zoning because they want quieter neighborhoods. They have sought to reduce the number of basement apartments frequently inhabited by university students.

Other residents have complained the ordinances restrict their private property rights and have sought to win the right to use their property as they wish.

If Brown can gather enough signatures, they'll all get a say in the voting booth this fall.

To do so, he said he needs $1,125 to cover the printing costs of the petition forms.

Those interested in the issues can visit ProvoCitizens.net or ForTheGoodOfTheWhole.net, or the city's Web site at www.provo.org

---

E-mail: twalch@desnews.com