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Provo City Zoning Code

14.5033 Old

Academy Project Redevelopment Option Zone

14.50(33).010 Purpose and Intent.

The Old Academy Project Redevelopment Option (PRO) zone is established to provide high density multiple family residential facilities. The standards set forth herein are intended to provide quality housing to students and improve the surrounding area. The densities permitted by this zone are intended to encourage redevelopment of land for residential uses and to improve pedestrian activity. The uses typically permitted in this zone are high density multiple-family residential.

(Enacted 2010-32)

14.50(33).020 Compliance with Titles 14 and 15 Required.

The Old Academy PRO zone shall comply with the development requirements in this Title and Title 15, Provo City Code, unless alternative standards are specifically set forth within this Chapter.

(Enacted 2010-32)

14.50(33).030 Permitted Uses.

(1) Those uses or categories of uses as listed herein, and not others, are permitted in the Old Academy 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 Old Academy PRO zone, subject to the limitations set forth in this Chapter.

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

Use No.

Use Classification

1150

Apartments containing five (5) or more units and up to four (4) stories in height, includes condominiums (baching single occupancy limited to four (4) per unit)

4811

Electronic 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 surface is devoted exclusively to right-of-way activity)

4841

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

4864

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

4873

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

6910

Religious activities

(5) Permitted Accessory Uses. Accessory uses and structures are permitted in the Old Academy 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 Old Academy PRO zone.

(Enacted 2010-32, Am 2021-33)

14.50(33).040 Single Ownership and Control.

Land within the Old Academy 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 dwelling units may be owned by an individual, partnership, corporation, and any 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 2010-32)

14.50(33).050 Lot Area.

The minimum lot area for a project in the Old Academy PRO zone shall be one and fifty-one one-hundredths (1.51) acres.

(Enacted 2010-32)

14.50(33).060 Lot Depth.

Each lot or parcel of land in the Old Academy PRO zone shall have a minimum depth of fifty-one (51) feet.

(Enacted 2010-32)

14.50(33).070 Lot Frontage.

Each lot or parcel of land in the Old Academy PRO zone shall have public street frontage of at least one hundred fifty (150) feet.

(Enacted 2010-32)

14.50(33).080 Residential Density.

Residential density in the Old Academy PRO zone shall not exceed sixty-two (62) dwelling units per one and fifty-one one-hundredths (1.51) acres.

(Enacted 2010-32)

14.50(33).090 Yard Requirements.

The following minimum yard requirements shall apply in the Old Academy PRO zone:

(1) Front Yard. Each lot shall have a front yard of at least twenty (20) feet, except that where there are any false fronts or porches, this will be reduced to fifteen (15) feet.

(2) Side Yards. Each lot shall have a side yard of at least fifteen (15) feet. A parking structure may have no side yard setback as permitted by the building code.

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

(Enacted 2010-32)

14.50(33).100 Projections into Yards.

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

(a) fences 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; and

(e) garbage containers screened with durable materials architecturally compatible with the principal structure. Such containers shall not be visible from any abutting lot or public street.

(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:

(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 a part; and

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

(Enacted 2010-32)

14.50(33).110 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 2010-32)

14.50(33).120 Building Height.

No lot or parcel of land in the Old Academy PRO zone shall have a building or structure that exceeds a height of fifty-five (55) feet above finish grade. Parapets, chimneys, flagpoles, or similar structures not used for human occupancy shall be excluded in determining height.

(Enacted 2010-32)

14.50(33).130 Distance Between Buildings.

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

(Enacted 2010-32)

14.50(33).140 Permissible Site Coverage.

The total coverage of all buildings shall not exceed sixty percent (60%) of the site area.

(Enacted 2010-32)

14.50(33).150 Parking, Loading, and Access.

(1) Each lot or parcel of land in the Old Academy PRO 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 all regulations of Chapter 14.37, Provo City Code.

(Enacted 2010-32)

14.50(33).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, 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.

(Enacted 2010-32)