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Provo City Zoning Code

14.5038 500 West Medium Density Mixed

Use Project Redevelopment Option Zone

14.50(38).010 Purpose and Intent.

The 500 West Medium Density Mixed-Use Project Redevelopment Option (PRO-A-38) zone is a residential/professional office mixed-use development zone. The standards set forth herein are intended to encourage desirable infill development on certain portions of land along 500 West. It is intended to provide for sites with existing development to be enhanced through the allowance for additional, appropriate, and compatible development to occur without requiring the complete redevelopment of a site.

(Enacted 2019-58)

14.50(38).020 Compliance with Titles 14 and 15 Required.

In addition to the PRO development standards contained in this Chapter, areas zoned to the 500 West Medium Density Mixed-Use PRO zone shall comply with the development requirements in Titles 14 and 15, Provo City Code, which have not been specifically addressed within this Chapter.

(Enacted 2019-58)

14.50(38).030 Permitted Uses.

(1) Those uses or categories of uses as listed herein, and no others, are permitted in the 500 West Medium Density Mixed-Use 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 (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 500 West Medium Density Mixed-Use PRO zone, subject to the limitations set forth in this Chapter. All professional or medical office uses are permitted only on the ground floor.

(4) Permitted Principal Uses. The following principal uses and structures are permitted in the 500 West Medium Density Mixed-Use PRO zone:

Use No.

Use Classification

1121

Duplex

1131

Multiple-family dwelling containing three (3) or four (4) family residences

1143

Apartment containing professional or medical offices, but no baching singles units

1150

Apartments, but no baching singles units

6511

Physician’s offices

6512

Dental offices

6521

Legal services

6530

Engineering, architectural and planning services not requiring on-site fleet parking

6590

Professional services, NEC

6296

Therapeutic massage

6815

Day care services (subject to the Day care services standards of Section 14.34.250, Provo City Code)

6910

Religious activities

(5) Permitted Accessory Uses. Accessory uses and structures are permitted in the 500 West Medium Density Mixed-Use PRO 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, 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 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 person or property.

(6) Conditional Uses. There are no conditional uses within the 500 West Medium Density Mixed-Use PRO zone.

(Enacted 2019-58, Am 2020-53, Am 2021-33)

14.50(38).040 Single Ownership and Control.

All properties included in a development within the 500 West Medium Density Mixed-Use PRO zone shall be and remain in single ownership or single control in order to provide for integrated development and maintenance. Individual ownership, partnerships, corporations, and other legally recognized entities are acceptable.

(Enacted 2019-58)

14.50(38).050 Legal Nonconforming Lots and Structures and Setbacks.

Any existing structure or setback may be continued with approval of the project plan by the Planning Commission. Any new portion of the development, including required changes to existing parking or landscaping areas shall conform to the requirements of this Chapter except where otherwise approved by the Planning Commission as part of the project plan approval.

(Enacted 2019-58)

14.50(38).060 Lot Frontage.

Each lot or parcel of land in the 500 West Medium Density Mixed-Use PRO zone shall abut a public street for a minimum distance of one hundred (100) feet along 500 West.

(Enacted 2019-58)

14.50(38).070 Residential Density.

Residential density is limited to no more than thirty (30) units per acre, gross density.

(Enacted 2019-58)

14.50(38).080 Yard Requirements.

The following minimum yard requirements shall apply in the 500 West Medium Density Mixed-Use PRO zone:

(1) Front Yard: Twenty (20) feet behind the property line, with all yards fronting a public street considered a front yard.

(2) Side Yard: Ten (10) feet from the property line.

(3) Rear Yard: Ten (10) feet from the property line or one (1) foot for each two (2) feet of building height, whichever distance is greater.

(Enacted 2019-58)

14.50(38).090 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 and other City codes and ordinances.

(b) Landscape elements including trees, shrubs, agricultural crops, and other plants.

(c) Necessary appurtenances for utility service.

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

(c) Stairways, balconies, door stoops, fire escapes, awnings, and planter boxes or masonry planters.

(Enacted 2019-58)

14.50(38).100 Building Height.

Each lot or parcel of land in the 500 West Medium Density Mixed-Use PRO zone shall have a maximum height of fifty-five (55) feet. Chimneys, flagpoles, or similar structures not used for human occupancy shall be excluded in determining height. Accessory buildings shall not exceed twenty (20) feet in height.

(Enacted 2019-58)

14.50(38).110 Distance Between Buildings.

The minimum distance between any buildings on a lot or parcel shall be as allowed by the International Building Code.

(Enacted 2019-58)

14.50(38).120 Permissible Site Coverage.

In the 500 West Medium Density Mixed-Use PRO zone all building and structures shall not cover an area of more than sixty percent (60%) of the site upon which they are placed.

(Enacted 2019-58)

14.50(38).130 Parking, Loading, and Access.

Each lot or parcel in the 500 West Medium Density Mixed-Use 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 the following requirements:

(a) Residential:

(i) One (1) bedroom units: One and three-quarters (1.75) spaces per unit.

(ii) Two (2) bedroom units: Two (2) spaces per unit.

(iii) Visitor parking: One-quarter (0.25) spaces per unit.

(b) Professional and medical office: Because of the ability to share parking spaces between the residential and office uses, the professional and medical office building does not require any additional parking spaces to be provided; however, no on-site parking for fleet vehicles shall be permitted during nonbusiness hours.

(Enacted 2019-58)

14.50(38).140 Project Plan Approval/Design Review.

See Sections 14.04A.020 and 14.34.280, Provo City Code. In addition, the following specific design standards shall apply to all development in the Medium Density Mixed-Use PRO zone:

(1) General Building Requirements.

(a) The design of development within the Medium Density Mixed-Use PRO zone shall include common themes and styles in building designs to those already existing on the site. Any buildings or structures deemed by the Community Development Director to not match the theme or style of those existing buildings on the site will require a review by the Provo City Design Review Committee (DRC) and approval by the Planning Commission.

(b) Building forms and landscape materials shall be harmonious with the existing context and natural landscape features.

(c) 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. Containers for trash storage of a size, type and quantity approved by the City shall be screened by a sight-obscuring fence and maintained in an appropriate location (See Section 14.34.080, Provo City Code).

(d) Light fixtures shall be provided at each building entrance.

(2) General Site Requirements.

(a) All 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) Streetscapes along 500 West and 400 North shall be maintained in a manner consistent with that of other properties along those streets.

(c) Parking areas shall be landscaped in accordance with a landscaping plan approved as part of a project plan approval.

(d) Interior sidewalks adjacent to buildings shall have a minimum dimension of six (6) feet.

(e) Outdoor lighting plans shall conform to all regulations set forth in Chapter 15.21, Provo City Code.

(Enacted 2019-58)

14.50(38).150 Fencing Standards.

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.

(a) No fencing is allowed in the front yard areas.

(b) 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 or in the rear yard of the development, unless otherwise approved by the Planning Commission.

(Enacted 2019-58)

14.50(38).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 previously mentioned 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 each unit based on the approved occupancy consistent with the recorded parking and occupancy contract. This notice shall set forth on a six-inch by six-inch (6" x 6") 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 of 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.

(Enacted 2019-58)