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Provo City Zoning Code

14.5030 Entry-Level

Housing ELH Project Redevelopment Option Zone

14.50(30).010 Purposes and Objectives.

The ELH Project Redevelopment Option zone is established to provide high-density, multiple-residential developments as identified in the General Plan. The densities permitted by this zone are intended to encourage redevelopment of land for residential uses where property values are high and demolition may be necessary. The uses typically permitted in this zone are condos and townhomes and limited commercial support uses.

(Enacted 2010-15, Am 2019-35)

14.50(30).020 Compliance with Titles 14 and 15 Required.

In addition to the development standards contained in this Chapter, areas zoned to the ELH PRO zone shall comply with the development requirements in Titles 14 and 15, Provo City Code, unless modified by this Chapter.

(Enacted 2010-15, Am 2019-35)

14.50(30).030 Permitted Uses.

(1) Those uses or categories of uses listed herein, and no others, are permitted in the zone.

(2) All uses contained 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 groupings of such uses permitted in the zone are identified by a four (4) digit number in which the last one (1) or two (2) digits are zeroes.

(3) All such categories listed herein and all specific uses contained within them in the Standard Land Use Code will be permitted in the zone, subject to the limitations set forth herein.

(4) Permitted Principal Use. The following principal uses and structures, and no others, are permitted in the zone:

Use No.

Use Classification

1112

Single-family dwelling – attached

1150

Apartments (high rise), includes condominiums

4700

Communications

4811

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

4821

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

4829

Other gas utilities, NEC

4831

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

4834

Water storage as part of a utility system (covered, including water storage standpipes)

4841

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

4864

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

4873

Storm drain or right-of-way (predominantly covered pipes or boxes)

4874

Spreading grounds (area for percolating water into underground)

5390

General merchandise (support commercial and convenience)

5400

Food (support commercial and convenience)

6910

Religious activities

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

(a) Accessory buildings such as garages, carports, bath houses, greenhouses, 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 bath houses subject to the standards of Section 14.34.210, Provo City Code;

(c) Storage of materials used for construction of a building, including the contractor’s temporary office; provided, that such use is on the building site or immediately adjacent thereto; and provided further, that such use shall be permitted only during the construction period and thirty (30) days thereafter;

(d) 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 any time. 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 persons or property.

(Enacted 2010-15, Am 2019-35, Am 2021-33)

14.50(30).040 Lot Area.

The minimum area of any lot or parcel of land in the zone shall be one (1) acre.

(Enacted 2010-15)

14.50(30).050 Lot Width.

Each lot or parcel of land in the zone, shall have a minimum average width of one hundred (100) feet.

(Enacted 2010-15)

14.50(30).060 Lot Depth.

Each lot or parcel of land in the zone shall have a minimum lot depth of one hundred (100) feet.

(Enacted 2010-15)

14.50(30).070 Lot Frontage.

Each lot or parcel of land in the zone shall abut on a public street for a minimum distance of one hundred (100) feet.

(Enacted 2010-15)

14.50(30).080 Lot Area per Dwelling.

(1) One (1) dwelling unit per each five hundred (500) square feet of lot area are permitted.

(2) When the lot area per dwelling standard results in a fraction, the number of allowed units shall be rounded up or down depending on whether the fraction is greater or less than 0.5.

(Enacted 2010-15)

14.50(30).090 Yard Requirements.

There are no required setbacks unless required by the adopted International Building Code. No portion of the structure including awnings, signs, stairs, decks, etc. may project over the property line.

(Enacted 2010-15)

14.50(30).100 Building Height.

No lot or parcel of land in the zone shall not have a building or structure shall not exceed a height of seventy-five (75) feet. Chimneys, flagpoles, towers and similar structures not used for human occupancy are excluded in determining height.

(Enacted 2010-15)

14.50(30).110 Distance Between Buildings.

The distance between buildings shall be determined as per the International Building Code.

(Enacted 2010-15)

14.50(30).120 Permissible Lot Coverage.

(1) All buildings and structures shall cover an area of not more than ninety (90) percent of the lot or parcel of land at ground level upon which they are placed.

(2) Parking structures shall be constructed below and above grade. Parking structures will not be considered as parts of the lot coverage but will have additional review by the Planning Commission or its design in regards to screening and buffering of parking structure from adjacent properties and public view.

(Enacted 2010-15)

14.50(30).130 Parking, Loading, and Access.

(1) Each lot or parcel of land in the zone shall have on the same lot or parcel, or adjacent lot or parcel located in the same zone, automobile parking sufficient to comply with the following requirements:

(a) Parking in the amount of 0.70 parking spaces per bedroom.

(b) Visitor parking spaces shall be designated and posted with signs.

(c) All other regulations of Chapter 14.37 apply.

(Enacted 2010-15)

14.50(30).140 Project Plan Approval Design Review.

See Sections 15.03.300 and 15.03.310, Provo City Code.

(Enacted 2010-15)

14.50(30).150 Other Requirements.

(1) Signs. Unless otherwise prohibited by law, signs of the type and description listed below, and no others, may be placed and maintained in the zone:

(a) One (1) freestanding monument sign not exceeding five (5) feet in height or fifty (50) square feet in area on an ornamental masonry wall which identifies at least the name and address of an apartment structure may be permitted. This sign may contain an electronic reader board as part of the square footage. The electronic messages may not flash or rotate greater than 8 revolutions per minute. This standard does not prohibit the individual led bulbs from turning on and off to provide the appearance of movement of the letters or message.

(b) One (1) wall directory sign identifying the names and locations of tenants occupying the premises shall be located at main entrances to the structure. Said sign shall not exceed ten (10) square feet.

(c) Two (2) temporary signs with a maximum area of six (6) square feet each pertaining to the sale, lease or rent of the particular building, property, or premises upon which displayed, and no other.

(d) One (1) wall sign not exceeding fifty (50) square feet per face of the structure with a maximum of four (4) faces (signs) to identify the name and address of the complex.

(2) Landscaping. Chapter 15.20.080(3) landscaping standards shall prevail with the following exceptions:

(a) Foundation planting beds as described in Table 15-20-1 may be replaced with planter boxes when above sub-grade structured parking.

(b) Hard-scape at ground level may constitute up to 90% of the site when the site is predominately covered with sub-grade structured parking.

(3) Trash Storage. See Section 14.34.080, Provo City Code. Or Private Trash Removal

(4) Fencing Standards. All fencing must be approved by the Design Review Committee.

(5) Entryways. All entry treatment must be approved by the Design Review Committee.

(Enacted 2010-15)

14.50(30).160 Notice of Parking and Occupancy Restrictions.

(1) Prior to the issuance of a building permit for any multiple residential project over two (2) dwelling units, a contract must be entered into between Provo City and the developer agreeing to a determined occupancy based on a given number of parking spaces. This contract will be recorded with the Utah County Recorder’s office and will run with the property. A copy of a recorded deed for the property in question must also be submitted prior to the issuance of a building permit which indicates the maximum allowable occupancy as a deed restriction. Attached to the deed must be a document that separately list the occupancy according to Provo City Code, the previously mentioned deed restrictions and any other use restrictions pertaining to parking and occupancy such as restrictions of use as noted in condominium covenants. This document must be signed, dated and notarized indicating that the owner acknowledges and agrees to all restrictions and regulations stated on the deed and attachments.

(2) Prior to the issuance of a Certificate of Occupancy for new Multiple Residential dwelling units a permanent notice must be placed on the electrical box within each unit indicating the maximum allowable occupancy of each unit based on the approved occupancy consistent with the recorded parking and occupancy contract. This notice must be a 6" X 6" metal or plastic plate that is permanently attached to the electrical box with a minimum 1/2 inch engraved letters.

(3) Upon submittal of these documents any violation to the restrictions and regulations noted therein will be considered a misdemeanor offense and will be subject to criminal action as provided in Section 1.03.010, Provo City Code.

(Enacted 2010-15)