(1) The Mixed-Use (MU) zone is established to provide a high-quality urban development that is pedestrian-friendly and complementary to the surrounding area. The permitted uses and development standards are intended to encourage redevelopment of land in order to provide a mix of residential and commercial uses where property values are high and demolition is viable. Uses in this zone should not compete with Downtown, but should provide similar types of uses incorporated into the design.

(2) The Neighborhood Mixed-Use (NMU) zone is established to provide a neighborhood center that respects the single-family residential character and can offer a range of uses. The permitted uses and development standards are intended to encourage redevelopment of land in order to provide a mix of residential and commercial uses where property values are high and demolition is viable. Uses in this zone should not compete with Downtown or a shopping center, but should provide neighborhood scale support type uses, incorporated into a mixed-use design.

(3) The term “Mixed-Use zones” in this Chapter refers to both the Mixed-Use zone and the Neighborhood Mixed-Use zone, but does not refer to other zones described as mixed-use in other chapters of this Code.

(1) Permitted Principal Uses. The following principal uses listed in Table 14.14D.1, and no others, are permitted in the Mixed-Use zones:

(2) Permitted Accessory Uses. Accessory uses and structures are permitted in the Mixed-Use zones; 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:

(3) Uses Within Buildings. All uses established in the Mixed-Use zones shall be conducted entirely within a fully enclosed building except those uses deemed by the Planning Commission, through the granting of a conditional use permit, to be customarily and appropriately conducted in the open. Uses customarily deemed to be conducted in the open may include, but would not be limited to, public assembly, live entertainment, etc. Open storage within view of a public street or space shall be prohibited. This is not applicable to swimming pools.

(1) A building originally constructed as a one-family or two-family dwelling located on a lot or parcel may be converted to professional office, eating places, personal services or general retail use. This Section is intended to encourage preservation of older established homes that contribute substantially to the character of the surrounding neighborhoods.

(2) The conversion of a building from residential to professional office, eating places, personal services or general retail use shall be subject to the following:

(1) Courtyards. Front and street side yards may be extended beyond setback limitations for a public space upon recommendation by the Design Review Committee. The approving body must make the following findings in order to allow extension beyond setback limitations:

(1) The following structures may be erected on or project into any required yard provided it does not obstruct a required driveway:

(2) In the MU zone only, buildings may project over required driveways; provided, that a minimum of ten (10) feet of clearance is provided for vehicular access.

(3) 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.

(4) In the MU zone only, balconies may project into the street right-of-way a maximum of five (5) feet so long as a minimum of ten (10) feet of vertical clearance is provided between the sidewalk and the projecting balcony.

(1) Roof mounted mechanical equipment is permitted so long as it is completely screened behind an architectural feature of the primary structure.

(2) See Section 14.34.090, Provo City Code, Height Limitations – Exceptions, for additional requirements that must be adhered to.

(1) Each structure in the Mixed-Use zones fronting a public street must have a minimum habitable main floor depth of thirty (30) feet along the entire street frontage except for along permitted side yards and driveway approaches.

(2) In the case of a corner lot that abuts two (2) primary streets, driveway access to the property may be permitted from one (1) of the primary street frontages subject to approval by the City Engineer and the Design Review Committee.

(1) Each lot or parcel in the Mixed-Use zones must provide required off-street parking as set forth in Chapter 14.37, Provo City Code.

(2) Shared use of parking may be allowed if the Planning Commission deems it suitable. A parking study is required if seeking this option.

(3) Parking must be located behind the main building. In no case may parking be located between the building and a public street.

(4) A parking agreement may be entered into with a property owner who owns a parking garage within one (1) block of the development to supplement the required parking. This agreement must be notarized and recorded at Utah County.

(5) Structured parking is not permitted above the minimum habitable floor area along primary streets.

(6) At grade parking shall be wrapped by habitable space except at entrance and exit points.

(1) Mixed-Use Zone (MU). In any new project consisting of twenty (20) or more residential units, an area equivalent to twenty percent (20%) or more of the residential gross floor area must be developed as recreational amenities in accordance with the requirements set forth in Section 14.34.330, Provo City Code. Landscaping in front and streetside yards, the fifteen (15) foot minimum facade setback, and other required areas (such as distance provisions required by the International Building Code) may not be counted towards meeting this provision. Only fifty percent (50%) of the required recreational amenity space may be located outdoors at the ground floor level. Any open space counting towards this requirement must be massed or accumulated to be functional as a recreational amenity or gathering space.

(2) Neighborhood Mixed-Use Zone (NMU). In any new project consisting of twenty (20) or more residential units, an area equivalent to ten percent (10%) or more of the gross lot area must be developed as residential amenities in accordance with the requirements set forth in Section 14.34.330, Provo City Code. Any open space counting towards this requirement must be massed or accumulated to be functional as a recreational amenity or gathering space.

(1) All buildings must follow the standards set forth in Section 14.34.287, Provo City Code.

(2) Horizonal mixed-use is not permitted. The Development Services Director or designee may modify this requirement on findings that the proposed development satisfies the intent of the Mixed-Use zones.

(3) Each unit shall include a kitchen (sink, stovetop with four (4) burners, oven, dishwasher, garbage disposal, and built-in cabinets), bathroom, and closet adequate for storage of items.

(4) There must be an equal amount of studio and one (1) bedroom units in apartments and condominium uses.

(1) Signs (see Chapter 14.38, Provo City Code).

(2) Landscaping (see Chapter 15.20, Provo City Code).

(3) Trash Storage and Location.

(4) Fencing (see Section 14.34.500, Provo City Code); no chain-link fencing shall be permitted in the Mixed-Use zones.

(5) Sidewalk cafes (see Section 14.34.480, Provo City Code).

(6) Canopies and marquees (see Section 14.34.490, Provo City Code).

(7) Temporary uses are not permitted.

(8) Distance Between Buildings. There is no requirement for distance between buildings, except as regulated by the International Building Code.