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Provo City Zoning Code

14.5032 Beacon

on 100 Project Redevelopment Option Zone

Each development in the Beacon on 100 PRO zone shall comply with Sections 14.04A.020 (Project Plan), 14.34.280 (Design Review), 14.34.285 (Residential Design Standards), except as may be modified by the Planning Commission at the time of project plan approval as permitted by express provisions of this Chapter. The following specific design standards shall apply to all development in The Beacon on 100 PRO zone:

(1) Building Requirements.

(a) Development design shall include variety among individual building colors and textures. Architectural features should enhance individual identity of each dwelling unit.

14.50(32).010 Purpose and Intent.

The Beacon on 100 Project Redevelopment Option zone is established to provide high density multiple family residential facilities within the North Park Neighborhood and the Utah Valley Express Bus Rapid Transit (BRT) corridor that is consistent with the current density of the neighborhood and the General Plan. The standards set forth herein are intended to provide quality housing to families, improve the walkability of the North Park Neighborhood, encourage use of public transportation, promote urban design strategies, and serve as a standard for development of this type within the city of Provo. The densities permitted by this zone are intended to encourage redevelopment of land for residential uses, improve pedestrian activity, and promote a more cohesive community. The uses typically permitted in this zone are high density multiple-family residential.

(Enacted 2010-25, Am 2022-54)

14.50(32).020 Compliance with Titles 14 and 15 Required.

The Beacon on 100 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.

14.50(32).030 Permitted Uses.

(1) Those uses or categories of uses as listed herein, and no others, are permitted in the Beacon on 100 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 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 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 Beacon on 100 zone, subject to the limitations set forth in this Chapter.

(4) Permitted Principal Uses. The following principal uses and structures are permitted in the Beacon on 100 PRO zone:

Use No.

Use Classification

1150

Apartments containing five (5) or more units and three (3) or more stories in height, includes condominiums.

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)

4831

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

4841

Sewage pipeline right-of-way (identifies areas where 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

6910

Religious activities

(5) Permitted Accessory Uses. Accessory uses and structures are permitted in the Beacon on 100 PRO zone provided they are incidental to and do not substantially alter the character of a permitted principal use or structure. Such permitted accessory uses and structures include, but are not limited to, the following:

(a) Home occupations subject to the regulations of the Provo City Code.

(b) 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.

(c) Household pets, provided that there shall be no more than two (2) such pets, over the age of four (4) months, per dwelling unit. 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.

(6) Conditional Uses. There are no conditional uses in the Beacon on 100 PRO zone.

(Enacted 2010-25, Am 2021-33)

14.50(32).040 Single Ownership and Control.

Land within the Beacon on 100 PRO zone shall be in single ownership or single control during construction to insure conformance with these provisions and all conditions imposed upon preliminary and final development plans. Completed units may be owned by an individual, partnership, corporation, and other legally recognized entity. Common open space areas, if any, shall be managed by a homeowners association created in conformance with Utah State law.

(Enacted 2010-25)

14.50(32).050 Lot Area.

The minimum area for a project in the Beacon on 100 PRO zone shall be 0.28 acre.

(Enacted 2010-25)

14.50(32).060 Minimum Finished Floor Area.

The minimum finished floor area of a dwelling unit in the Beacon on 100 PRO zone shall be eleven hundred (1100) square feet.

(Enacted 2010-25)

14.50(32).070 Lot Depth.

Each lot or parcel of land in the Beacon on 100 PRO zone shall have a minimum depth of one hundred eighty (180) feet.

(Enacted 2010-25)

14.50(32).080 Lot Frontage.

Each lot in the Beacon on 100 PRO zone shall have public street frontage of at least sixty (60) feet.

(Enacted 2010-25)

14.50(32).090 Residential Density.

Residential density in the Beacon on 100 PRO zone shall not exceed forty-three (43) dwelling units per gross acre.

(Enacted 2010-25)

14.50(32).100 Yard Requirements.

The following minimum yard requirements shall apply in the Beacon on 100 PRO zone:

(1) Front Yard. Each residential structure shall have a front yard of at least sixteen (16) feet.

(2) Side Yard: Each residential structure shall have a side yard of at least six (6) feet.

(3) Rear Yard. Each residential structure shall have a rear yard of at least ten (10) feet.

(4) Parking Structure: The parking structure may encroach into any yard as permitted by building code and may not exceed 2.5 feet above grade of the sidewalk.

(Enacted 2010-25)

14.50(32).110 Projections into Yards.

(1) The following structures may be erected on or project into any required yard:

(a) fences, ramps, entry features (ie. canopies, projecting roofs) and walls in conformance with the Provo City Code;

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

(c) necessary appurtenances for utility service;

(d) parking areas including stalls and access roads.

(2) The structures listed below may project into a minimum front or rear yard not more than four (4) feet, and into a minimum side or street side yard not more than two (2) feet unless a deviation is authorized by the Design Review Committee based upon findings that such deviation constitutes a better design in character with the surrounding neighborhood built environment.

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

(b) fireplace structures and bays, provided they are not wider than twelve (12) feet and are generally parallel to the wall of which they are a part; and

(c) stairways, balconies, door stoops, fire escapes, awnings, and planter boxes.

(Enacted 2010-25)

14.50(32).120 Garbage Collection.

Garbage containers and collection shall be provided by a private company contracted by a homeowners association. Garbage containers shall be stored inside a trash storage area within the parking structure.

(Enacted 2010-25)

14.50(32).130 Trash Storage.

No trash, used materials, or wrecked or abandoned vehicles or equipment shall be stored in an open area. Storage of commercial goods or materials shall be prohibited.

(Enacted 2010-25)

14.50(32).140 Building Height.

No lot or parcel of land in the Beacon on 100 PRO zone shall have a building or structure that exceeds a height of fifty (50) feet. Parapets, chimneys, flagpoles, or similar structures not used for human occupancy shall be excluded in determining height.

(Enacted 2010-25)

14.50(32).150 Distance Between Buildings.

The minimum distance between any buildings on a lot or parcel shall be as allowed by the building code.

(Enacted 2010-25)

14.50(32).160 Permissible Site Coverage.

The total coverage of all buildings and structures shall not exceed seventy percent (70%) of the site area.

(Enacted 2010-25)

14.50(32).170 Parking, Loading, and Access.

(1) Each dwelling unit in the Beacon on 100 PRO zone shall have two and a quarter (2.25) parking spaces per dwelling unit.

(2) Accessible parking shall be provided in compliance with I.B.C. 1106.2 (requiring two percent (2%) of the total number of stalls provided to be accessible for occupancies in groups R2 and R3).

(3) In all other respects parking shall be provided in accordance with Chapter 14.37, Provo City Code.

(Enacted 2010-25)

14.50(32).180 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, Provo City and the developer shall enter into a contract agreeing to a determined occupancy based on a given number of parking spaces.

(a) Such contract shall be recorded with the Utah County Recorder and shall run with the property.

(b) A copy of a recorded deed for the property in question shall also be submitted prior to the issuance of a building permit which indicates the maximum allowable occupancy as a deed restriction.

(i) Attached to the deed shall be a document that separately lists the occupancy according to Provo City Code, the foregoing deed restrictions, and any other use restrictions pertaining to parking and occupancy such as restrictions of use as noted in condominium documents.

(ii) This document shall 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 shall be placed on the electrical box within each unit indicating the maximum allowable occupancy of the unit based on the approved occupancy consistent with the recorded parking and occupancy contract. This notice shall be set forth on a six (6) inch by six (6) inch metal or plastic plate that is permanently attached to the electrical box with minimum one-half (1/2) inch engraved letters.

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

(4) Parking spaces shall be based on 2.25 spaces per unit, allowing occupancy for families or 3 singles per unit and defined by Provo City Code.

(Enacted 2010-25)

14.50(32).190 Project Plan Approval/Design Review.

Each development in the Beacon on 100 PRO zone shall comply with Sections 14.04A.020 (Project Plan), 14.34.280 (Design Review), 14.34.285 (Residential Design Standards), except as may be modified by the Planning Commission at the time of project plan approval as permitted by express provisions of this Chapter. The following specific design standards shall apply to all development in The Beacon on 100 PRO zone:

(1) Building Requirements.

(a) Development design shall include variety among individual building colors and textures. Architectural features should enhance individual identity of each dwelling unit.

(b) Main entry should face the street to encourage pedestrian interaction, safety, and to enhance the streetscape of the 100 West corridor.

(c) Window designs may be varied to reflect the diversity of architecture.

(d) Building materials should be durable and suitable for the design in which they are used.

(e) Light fixtures shall be provided at each building entry.

(2) Signage. Sign design shall reflect the architectural style of the project.

Monument Signs:

(a) Number. One (1) monument sign shall be permitted. The square footage of the sign shall not exceed thirty-two (32) square feet in area.

(b) Height. The maximum height for a monument sign shall not exceed four (5) feet. A monument sign shall not impede the clear vision area.

Wall Signs

(c) Number. One (1) wall sign for the front face of the building is permitted. The sign may not exceed 32 square feet in area, project more than eighteen (18) inches from the wall, or extend above the top of the wall.

(3) Landscape Requirements. Landscaping shall be provided in accordance with Chapter 15.20, Provo City Code, except as otherwise provided in this subsection.

(a) All residential yard areas except those portions devoted to driveways, buildings, or parking, shall be designed with suitable landscaping of plants, shrubs, trees, grass, and similar landscaping materials.

(b) Trees shall be developed and maintained to improve and beautify the PRO zone. Trees to have two (2) inch caliper minimum (measured six (6) inches above grade or six (6) inches from the top of the root ball). All shrubs shall be a minimum of five (5) gallon in size.

(c) Pedestrian and bicycle circulation shall be encouraged in The Beacon on 100 PRO zone.

(Enacted 2010-25)

14.50(32).200 Fencing Standards.

(1) Structural fences six (6) feet or less in height shall not require a building permit. Structural fences over six (6) feet in height shall require a building permit from the Building Inspection Division. A structural or vegetative fence shall not create a sight distance hazard to vehicular or pedestrian traffic as determined by the Provo City Traffic Engineer.

(2) Solid walls, fences, hedges or screening materials which are sight obscuring may be built to a maximum of three (3) feet in height in any required front yard perimeter. Such walls, fences, hedges or screening materials may slope upward to connect with a higher side yard fence. The length of a sloped fence section shall not exceed one (1) section or a maximum of ten (10) feet.

(3) Solid, sight obscuring fences or walls and non-sight obscuring fences may be built to a maximum height of six (6) feet in a side yard.

(Enacted 2010-25)

14.50(32).210 Utility Easements.

Utility Easements width and location will be determined by Provo City. Easements may be reduced in width and location as indicated on the approved project plan.

(Enacted 2010-25)