Provo City Zoning Code
14.14B Medium
Density Residential Zone
14.14B.010 Purpose and Objectives.
The Medium Density Residential (MDR) zone is established to provide a suitable environment for medium density residential uses. This zone is generally located in or near the central area of the City and in areas where there is a substantial demand for multiple dwelling units as indicated in the General Plan. The MDR zone should be established in areas where street and utility systems are adequate to accommodate the permitted density. Typical uses in this zone are three (3) and four (4) family dwellings, apartments, and baching apartments.
14.14B.020 Permitted Uses.
(1) Permitted Principal Uses. The following principal uses, and no others, are permitted in the MDR zone:
(a) One-family dwelling - detached (existing as of December 31, 2011) (see Section 14.34.310, Provo City Code);
(b) One-family dwelling - attached (townhomes), not to exceed eight (8) units in one building;
(c) Two-family dwellings (see Section 14.34.310, Provo City Code);
(e) Apartments and condominiums;
(f) Residential facilities for the elderly or disabled (see Section 14.34.230, Provo City Code);
(g) Public utilities and rights-of-way, including accompanying facilities;
(h) Police protection and related activities, branch (office only);
(i) Religious activities; and
(j) Parks.
(2) Permitted Accessory Uses. Accessory uses and structures are permitted in the MDR 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, 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 accessory structures subject to the standards of Section 14.34.210, Provo City Code;
(c) Vegetable and flower gardens;
(d) Home occupations subject to the regulations of Chapter 14.41, Provo City Code;
(e) Storage of materials used to construct 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;
(f) 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.
14.14B.030 Lot Standards.
(1) Min. Lot Area.
(a) Twin home/duplex: eight thousand (8,000) sf.
(b) One-family attached: ten thousand (10,000) sf.
(c) Multifamily residential: twenty thousand (20,000) sf.
(2) Housing density maximum: thirty (30) dwelling units per gross acre.
(4) Min. lot width: forty (40) ft.
(a) Corner lot: fifty (50) ft.
(5) Min. lot depth: ninety (90) ft.
(6) Max. lot coverage: fifty percent (50%).
14.14B.040 Prior Created Lots.
14.14B.050 Yard Requirements.
Yards shall be provided according to the requirements listed below. (Note: All setbacks are measured from the property line.)
(1) Front yard: twenty (20) ft.
(3) Side Yard, Interior.
(a) One-family detached: eight (8) ft. and ten (10) ft.
(b) All other buildings: ten (10) ft.
(4) Rear yard: twenty (20) ft.
(5) Distance between buildings on the same parcel: fifteen (15) ft.
(6) Side Yard, Driveway. See Section 14.37.100, Provo City Code.
(7) The Development Services Director, or designee, may modify the setbacks of this zone subject to finding that all of the following conditions exist:
(a) The proposed setback is visually compatible with neighboring development and does not cause an undue burden or harm to the adjacent property;
(b) The proposed setback does not violate an existing or needed utility easement; and
(c) The proposed setback does not cause a violation of the International Building Code or the Fire Code.
(8) Accessory Buildings.
(a) Accessory buildings shall be located in the rear yard and may be located no closer to an interior side or rear lot line than five (5) feet, subject to any existing utility easements.
(b) Accessory buildings on corner lots may be no closer to the side street than the principal structure.
(c) The maximum height for an accessory building is twelve (12) feet, as measured to the mid-point of a sloped roof.
14.14B.060 Projections into Yards.
(1) The following structures may be erected on or project into any required yard:
(b) Landscaping (see Chapter 15.20, Provo City Code); and
(c) Necessary appurtenances for utility service, subject to City approval.
(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 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) Porches, stairways, balconies, door stoops, fire escapes, awnings, and planter boxes or masonry planters.
14.14B.070 Building Height.
(1) Maximum building height: forty-five (45) ft.
(2) Maximum main floor elevation: thirty (30) inches above the lowest adjacent street curb elevation.
14.14B.080 Project Plan Approval/Design Review/Design Guidelines.
14.14B.090 Other Requirements.
(2) Landscaping (see Chapter 15.20, Provo City Code).
(3) Trash storage (see Section 14.34.080, Provo City Code).
(4) Fencing standards (see Section 14.34.500, Provo City Code).
(5) Parking, Loading and Access. Each land use in the MDR zone shall have automobile parking sufficient to comply with the requirements of Chapter 14.37, Provo City Code.
(6) In any new project consisting of twenty (20) or more residential units, an area equivalent to ten percent (10%) of the residential gross floor area must be developed as residential amenities in accordance with the requirements set forth in Section 14.34.330, Provo City Code. Landscaping within the required setbacks may not be counted towards meeting this provision.
(7) In any new project consisting of twenty (20) or more residential units, the open space must be massed or accumulated to be functional as a recreational amenity or gathering space.
14.14B.100 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 shall be recorded with the Utah County Recorder’s office and shall be a covenant running 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 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 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 six (6) 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 documents required in this section 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.