Provo City Zoning Code
14.14C High
Density Residential Zone
14.14C.010 Purpose and Objectives.
The High Density Residential zone (HDR) is established to provide a high density, multiple residential character in areas located in downtown, near Brigham Young University and other selected high density areas. 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 apartments and condominiums.
14.14C.020 Permitted Uses.
(1) Permitted Principal Uses. The following principal uses, and no others, are permitted in the HDR zone:
(a) One-family dwelling - attached;
(b) Multiple-family dwellings (three (3) and four (4) units);
(c) Apartments;
(d) Assisted living facilities (see Section 14.34.470, Provo City Code, Standards for Assisted Living Facilities);
(f) Residential facilities for elderly or disabled (see Section 14.34.230, Provo City Code, Residential Facilities);
(g) Public utilities and rights-of-way and 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 HDR 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.
14.14C.030 Lot Standards.
Lots within the HDR zone shall be developed according to the following standards:
(1) Minimum Lot Area.
(a) One-family attached: ten thousand (10,000) sf.
(b) Multifamily residential and apartments: twenty thousand (20,000) sf.
(2) Housing density maximum: fifty (50) units per acre.
(4) Minimum lot width: fifty (50) feet.
(a) Corner lot: seventy (70) feet.
(5) Minimum lot depth: ninety (90) feet.
(6) Maximum lot coverage by structures: seventy-five percent (75%).
14.14C.040 Prior Created Lots.
14.14C.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: ten (10) feet minimum, twenty (20) feet maximum.
(2) Side yard, street: ten (10) feet minimum, twenty (20) feet maximum.
(3) Side yard: ten (10) feet.
(4) Rear yard: twenty (20) feet.
(5) Distance between buildings on the same parcel: fifteen (15) feet.
(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 midpoint of a sloped roof.
14.14C.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).
(c) Necessary appurtenances for utility service.
(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) Stairways, balconies, door stoops, fire escapes, awnings, and planter boxes or masonry planters.
14.14C.070 Building Height.
(1) Maximum building height: fifty-five (55) feet.
(2) Maximum main floor elevation: thirty (30) inches above the lowest adjacent street curb elevation.
14.14C.080 Project Plan Approval/Design Review/Design Guidelines.
14.14C.090 Other Requirements.
(1) Signs. See Chapter 14.38, Provo City Code.
(2) Landscaping. See Chapter 15.20, Provo City Code.
(3) Trash Storage. See Section 14.34.080, Provo City Code.
(4) Fencing. See Section 14.34.500, Provo City Code.
(5) Parking, Loading and Access. Each land use in the HDR 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.
14.14C.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) 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 documents required in this Section, any violation of the restrictions and regulations noted therein is unlawful and is a misdemeanor offense and will be subject to criminal action as provided in Section 1.03.010, Provo City Code.