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Provo City Zoning Code

14.5026 Autumn

View Townhome Project Redevelopment Option Zone

Each development in the Autumn View Townhome PRO zone shall comply with Sections 14.02.090 (Project Plan Required) and 14.34.280 (Design Review), Provo City Code, except as may be modified by the Planning Commission at the time of project plan approval pursuant to the provisions of this Chapter. The Design Review Committee shall approve all architectural and landscaping elements prior to the issuance of a building permit.

14.50(26).010 Purpose and Intent.

The purpose of the Autumn View Townhome (PRO-A-26) zone is established to allow redevelopment of an otherwise blighted area of Provo and to provide for townhome and single family ownership opportunities of attached dwelling units. This zone is intended to provide a style and type of housing that will foster a sustainable sense of community and owner-occupancy with a townhome-style for the project. Projects in this zone should include substantial amounts of open space and play space for young families to encourage safe, friendly, neighborly interaction, permanent residents, local amenities, and foster a sense of community.

(Enacted 2009-28)

14.50(26).020 Compliance with Titles 14 and 15 Required.

Development in the Autumn View Townhome PRO zone shall comply with the development requirements in Titles 14 and 15, Provo City Code, unless alternative standards are specifically set forth within this Chapter.

(Enacted 2009-28)

14.50(26).030 Permitted Uses.

(1) Those uses or categories of uses as listed herein are permitted in the Autumn View Townhome PRO zone.

(2) All uses listed herein are listed by number as designated in the Standard Land Use Code published and maintained by the Planning Commission. Specific uses are identified by a four (4) digit number in which all digits are whole numbers. Classes or grouping of such uses permitted in the zone are identified by a four (4) digit number in which the last one or two digits are zeros.

(3) All such categories listed herein and all specific uses contained within them in the Standard Land Use Code shall be permitted in the Autumn View Townhome PRO Zone, subject to the limitations set forth in this Chapter. No commercial use is permitted in the residential townhome buildings except as allowed and duly approved as home occupations.

(4) Permitted Principal Uses. The following principal uses and structures are permitted in the Autumn View Townhome PRO Zone.

Use No.

Use Classification

1131

Multiple family dwelling containing three (3) or four (4) family residences, detached, (on one [1] lot with or without attached garage).

1132

Multiple family dwelling containing three (3) or four (4) family residences, attached (attached to one [1] or more similar multiple family dwellings).

1141

Apartment (low-rise or garden type), detached (a multiple familystructure containing five [5] or more units, two [2] stories or less in height, on one [1] lot and with or without garages).

4811

Electronic transmission right-of-way (identifies areas where the surface is devoted exclusively to the right-of-way activity)

4821

Gas pipeline right-of-way (identifies areas where the surface is devoted exclusively to the right-of-way activity)

4824

Gas pressure control station

4831

Water pipeline right-of-way (identifies areas where the surface is devoted exclusively to the right-of-way activity)

4835

Sewage pipeline right-of-way (identifies areas where the surface is devoted exclusively to the right-of-way activity)

4844

Sewage pumping station

4864

Combination utilities right-of-way (identifies areas where the surface is devoted exclusively to the right-of-way activity)

4873

Storm drain or right-of-way (predominately covered pipes and boxes, but may include open ponds for temporary storage of surface run-off water)

6910

Religious activities

(5) Permitted Accessory Uses. Accessory uses and structures are permitted in the Autumn View Townhome PRO zone, provided they are incidental to and do not substantially alter the character of the permitted principal use of the structure. Such permitted accessory uses and structures include, but are not limited to, the following:

(a) accessory building such as garages, carports, green houses, gardening sheds, recreation rooms, and similar structures which are customarily used in conjunction with, and incidental to, a principal use or structure;

(b) swimming pools and incidental bathhouses subject to the standards of Section 14.34.210, Provo City Code;

(c) household pets, provided that no more than two (2) dogs and two (2) cats six (6) months of age or older shall be kept at any residence or commercial establishment at anytime. Nothing herein shall be construed as authorizing the keeping of any animal capable of inflicting harm or discomfort or endangering the health and safety of any person or property;

(d) storage of materials used for construction of a building, including the contractor’s temporary office, provided that such is on the building site or immediately adjacent thereto; and

(e) gazebos, shelters, exercise facility, clubhouse, landscape architectural amenities or features in designated open space for use by the entire development as determined by a homeowners association.

(6) Conditional Uses. The following uses and structures are permitted in the Autumn View Townhome PRO zone only after a conditional use permit has been issued, and subject to the terms and conditions thereof and the standards of Section 14.34.250, Provo City Code.

Use No.

Use Classification

4700

Communications

4814

Electricity regulating substation

4818

Small generation

4829

Other gas utilities, NEC

4834

Water storage as part of a utility system

4835

Water pressure control station and pumping plant

(Enacted 2009-28, Am 2020-53, Am 2021-33)

14.50(26).040 Single Ownership and Control.

Land in the Autumn View Townhome PRO zone shall be in single ownership or control during design and construction to insure conformance with these provisions and all conditions imposed upon preliminary and final development plans. A completed dwelling unit may be owned by an individual, partnership, corporation, a group of individuals, or other legally recognized entity. Common open space and areas, if any, shall be managed by a homeowners association created in conformance with Utah State law.

(Enacted 2009-28)

14.50(26).050 Project Area.

The minimum area for a project in the Autumn View Townhome PRO zone shall be four (4) acres. Individual phases or portions of the overall project may be platted separately, but shall conform to an approved overall project plan. The zone or project area may be expanded with the addition of an amended and approved project plan. If approved by the Municipal Council, the text of this Chapter may be amended for an expanded project plan.

(Enacted 2009-28)

14.50(26).060 Minimum Finished Floor Area.

The minimum finished floor area of each dwelling unit in the Autumn View Townhome PRO zone shall be one thousand three hundred (1,300) square feet, not including a garage.

(Enacted 2009-28)

14.50(26).070 Building Pad Width and Depth Requirements.

Each building pad for an individual townhome dwelling unit constructed in the Autumn View Townhome PRO zone shall have a minimum width of twenty (20) feet and a minimum length of forty (40) feet.

(Enacted 2009-28)

14.50(26).080 Project Frontage.

Each project in the Autumn View Townhome PRO zone shall have a minimum frontage on a public street of one hundred (100) feet. This does not mean that each separate plat must have said frontage, but each plat shall comply with an approved overall project plan.

(Enacted 2009-28)

14.50(26).090 Residential Density.

Residential density in the Autumn View Townhome PRO zone shall not exceed twelve (12) dwelling units per acre.

(Enacted 2009-28)

14.50(26).100 Yard Requirements.

The following minimum building setback requirements shall apply in the Autumn View Townhome PRO Zone:

(1) Front yard. Each front yard shall be as shown on an approved project plan, but in no case shall an individual building setback from the front property line be less than five (5) feet. Each lot or building fronting a public street shall be deemed to have a front yard.

(2) Side yard. Each side yard shall be as shown on an approved project plan, but in no case shall a setback from a side property line or street right-of way line be less than five (5) feet.

(3) Rear yard. Each rear yard shall be as shown on an approved project plan, but in no case shall a setback from a rear property line be less than ten (10) feet.

(4) Setbacks for buildings with driveways. Where a driveway from a garage for an individual dwelling unit enters a public street or public alley, the building shall be set back less than six (6) feet or more than twenty (20) feet from the property line or right-of-way line to either prevent or allow parking in the driveway. A building facing or abutting on a private drive may have a zero (0) setback from the back of the curb or edge of the roadway. Where a driveway is less than sixteen (16) feet long, no parking shall be permitted in the driveway.

(Enacted 2009-28)

14.50(26).110 Projections into Yards.

(1) The following structures may be erected on or project into any required yard in the Autumn View Townhome PRO Zone:

(a) fences and walls in conformance with the Provo City Code and ordinances;

(b) landscape elements including trees, shrubs, agricultural crops, and other plants;

(c) necessary appurtenances for utility services;

(d) garbage containers or trash enclosures; and

(e) driveways, trash enclosures, parking lots, or access ways to adjacent parcels.

(2) The structures listed below may project into a minimum front, rear, or side yard not more than six (6) feet:

(a) cornices, eaves, belt courses, sills, buttresses, or other similar architectural features;

(b) fireplace structures and bays, provided they are not wider than eight (8) feet and, are generally parallel to the wall of which they are part; and

(c) stairways, balconies or patios, door stops, fire escapes, awnings, decks, patios, and planter boxes or masonry planters.

(Enacted 2009-28)

14.50(26).120 Garbage Collection.

Garbage containers and collection shall be provided by a private company contracted by a homeowners association. One (1) common trash storage container or garbage dumpster shall be provided for every seventeen (17) units or for every three (3) buildings located in the Autumn View Townhome PRO Zone. Each container shall be properly screened as required by Chapter 14.34.080, Provo City Code.

(Enacted 2009-28)

14.50(26).130 Trash Storage.

No trash, used materials, or wrecked or abandoned vehicles or equipment shall be stored in an open area. Outside storage of commercial goods or materials shall be prohibited in the Autumn View Townhome PRO Zone.

(Enacted 2009-28)

14.50(26).140 Building Height.

No lot in the Autumn View Townhome PRO zone shall have a building or structure that exceeds a height of two (2) stories with a maximum of thirty-five (35) feet. Chimneys, flagpoles, mechanical equipment, flues, or similar structures not used for human occupancy shall be excluded in determining height.

(Enacted 2009-28)

14.50(26).150 Distance Between Buildings.

The minimum distance between buildings on a lot or parcel of land in the Autumn View Townhome PRO zone shall be ten (10) feet. This shall also apply to buildings on separate parcels of land within a project.

(Enacted 2009-28)

14.50(26).160 Permissible Site Coverage.

The total coverage of all buildings in a project in the Autumn View Townhome PRO zone shall not exceed thirty-three (33) percent of the total project area. This requirement shall not apply when considering a lot that may be platted separately.

(Enacted 2009-28)

14.50(26).170 Parking, Loading, and Access.

(1) Each dwelling unit in the Autumn View Townhome PRO zone shall have the following amount of parking provided:

(i) one (1) garage unit: 1.8 spaces

(ii) two (2) garage unit: 2.0 spaces

(iii) visitor parking: 0.25 space per unit

(iv) commercial parking: not permitted.

(2) At least one (1) space for each dwelling unit shall be covered or enclosed. Concurrent with the recording of a plat, a cross-access easement or agreement shall be recorded that grants access over or through parking areas and driveways within a project for the benefit of the entire project. Minimum garage width shall be as follows:

(i) single-car garage: 10.5 feet

(ii) double car garage: 18.5 feet.

(Enacted 2009-28)

14.50(26).180 Access to Enclosed Parking.

Access to parking in the Autumn View Townhome PRO zone shall be provided by a driveway or access way which is at least eighteen (18) feet wide. These access ways shall include any driveway near the exterior of a project used to access parking in a townhome unit garage and may be used during various phases of a project.

(Enacted 2009-28)

14.50(26).190 Project Plan Approval/Design.

Each development in the Autumn View Townhome PRO zone shall comply with Sections 14.02.090 (Project Plan Required) and 14.34.280 (Design Review), Provo City Code, except as may be modified by the Planning Commission at the time of project plan approval pursuant to the provisions of this Chapter. The Design Review Committee shall approve all architectural and landscaping elements prior to the issuance of a building permit.

(Enacted 2009-28)

14.50(26).200 Fencing Standards.

(1) During the initial phase of a project in the Autumn View Townhome PRO Zone, only a no-climb field-type wire fence shall be required; a masonry exterior fence shall not be required for an initial phase to allow for expansion to other adjacent parcels without having to remove or relocate the masonry fence.

(2) If, within a period of two (2) years from completion of an initial phase consisting of eight (8) buildings, other adjacent properties are not developed as part of an approved project, a six (6) high foot masonry-looking fence shall be provided around the exterior of the project as shown on an approved project plan.

(a) This fence may be fabricated of PVC or fiberglass as long as it has the look of masonry panels.

(b) Notwithstanding the fence requirement in this Subsection, if approved by the Planning Commission, no masonry-looking fence shall be required for any narrow remnant portion of property which does not include a dwelling unit or parking area in that area of the property.

(Enacted 2009-28)

14.50(26).210 Notice of Parking and Occupancy Restrictions.

(1) Occupancy of residential structures in the Autumn View Townhome PRO zone shall be limited as set forth in Section 14.50(26).030 of this Chapter.

(2) Parking shall be limited to and provided for as set forth in Section 14.50.(26).170 of this Chapter.

(3) Prior to issuance of a certificate of occupancy for a dwelling unit, a permanent notice shall be placed on the electrical box within the unit indicating maximum allowable occupancy of the unit based on the approved occupancy consistent with a recorded parking and occupancy contract. This notice shall be located on a six (6) inch by six (6) inch metal or plastic plate permanently attached to the electrical box with minimum one-half (1/2) inch engraved letters.

(Enacted 2009-28)

14.50(26).220 Landscape Plan.

When a project plan is approved for a project in the Autumn View Townhome PRO zone, a separate landscape plan shall be provided. This plan shall comply with the Provo South Street Corridor design guidelines. The plan shall also show the location and type of fences, walls, hedges, project signs, open space improvements, trash enclosures, common amenities, entrance signs, exterior lighting, and walkways. Any future construction in various phases of the project shall comply with this landscape plan. Additionally, the landscape plan shall comply with Chapter 15.20, Provo City Code, and outdoor lighting shall comply with Chapter 15.21, Provo City Code.

(Enacted 2009-28)

14.50(26).230 Building Plans.

When a project plan is approved for a project in the Autumn View Townhome PRO zone, separate preliminary building plans shall be provided. The plans shall show the building type, style, height, color, texture, architectural features, floor plans, building materials, roof shapes, windows, balconies, and porches. Any future construction of buildings in various phases of the project shall comply with these building plans. Slight alterations may be allowed in a building floor plan or footprint as long as it substantially complies with an approved project plan. The dimensions of each townhome dwelling unit may be altered as much as two (2) feet in any direction without need of an additional plan approval.

(Enacted 2009-28)