Provo City Zoning Code
14.02 Administration
and Procedures
14.02.010 Hearings - Notice and Procedure.
(1) The first public hearing before the Planning Commission to consider the adoption or modification of a land use ordinance or of a public hearing specifically required by this Title before the Board of Adjustment, the Planning Commission, or the Provo Municipal Council shall be noticed in accordance with Section 10-9a-205(2), Utah Code Annotated. Unless a public hearing is specifically required by this Title, meetings of the Municipal Council under this Title or to consider the adoption or modification of a land use ordinance shall be a public meeting, as provided in Section 10-9a-502(2), Utah Code Annotated, and shall be noticed in accordance with Section 10-9a-205(3), Utah Code Annotated.
(2) If the City mails notice of a proposed zoning change to property owners within the City within a specified distance of the property on which the zoning change is being proposed, it shall also mail equivalent notice to property owners of an adjacent municipality within the same distance of the property on which the zoning change is being proposed.
(3) This Section is not intended to preclude the giving of additional notice that may be deemed necessary by the Planning Commission, Board of Adjustment or Municipal Council.
(4) If notice given under authority of this Section is not challenged as provided in Section 10-9a-801, Utah Code Annotated, within thirty (30) days from the date of the meeting for which notice was given, the notice shall be considered adequate and proper.
(5) Hearing procedure shall be as set forth in the bylaws of the Municipal Council, Planning Commission and Board of Adjustment.
(a) All written documents and evidence from the applicant shall be received by the Development Services Department at least fourteen (14) days in advance of the public hearing.
(b) An issue which may be a basis for appeal shall be raised in person or by letter before the close of the public hearing. Failure to raise an issue during the hearing precludes appeal on that issue.
14.02.015 Notice to Nearby Entities.
(1) As used in this Section, “predevelopment activity” means a public hearing concerning or consideration by the Planning Commission or Municipal Council of:
(a) a proposed change in zoning designation;
(b) a preliminary or final plat describing a multiple-unit residential development or a commercial or industrial development; or
(c) a proposed modification of the City’s General Plan whereby the vehicular capacity of a municipal road is proposed to be increased.
(2) The Planning Commission or Municipal Council, as the case may be, shall provide notice of predevelopment activity occurring in the City to the legislative body of:
(a) each municipality whose boundaries are within one (1) mile of the property that is the subject of the predevelopment activity; and
(b) Utah County if unincorporated territory is located within one (1) mile of the property that is the subject of the predevelopment activity.
(3) The notice required by Subsection (2) shall be provided at least seven (7) days before the predevelopment activity occurs.
(4) The Planning Commission or Municipal Council shall meet the notice requirement of Subsection (2) by mailing to each appropriate legislative body, at least seven (7) days before the predevelopment activity occurs, a copy of a Planning Commission or Municipal Council meeting agenda that contains information sufficient to enable a reasonable reader to understand that predevelopment activity is expected to occur in the City and the location of the property that is the subject of the predevelopment activity.
(5) If notice given under authority of this Section is not challenged as provided in Section 10-9-101, Utah Code Annotated, within thirty (30) from the date of the meeting for which notice was given, the notice is shall be considered adequate and proper.
14.02.020 Amendments - Procedure.
(1) This Planning and Zoning Title, including the Map, may be amended by the Provo Municipal Council after said amendments shall have first been submitted for recommendation to the Planning Commission. For the purpose of establishing and maintaining sound, stable, and desirable development within the City, it is declared to be the public policy that amendments shall not be made to the Planning and Zoning Title and Map except to promote more fully the objectives and purposes of this Title and the Provo City General Plan or to correct manifest errors. Any person seeking an amendment to the Planning and Zoning Title or Map shall:
(a) Submit to the Planning Commission a written petition containing the following information:
(i) Designation of the specific zone change or Title amendment desired.
(ii) The reason and justification for such zone change or Title amendment, and a statement setting forth the manner in which a proposed amendment or zone would further promote the objectives and purposes of this Title and the Provo City General Plan.
(iii) A complete and accurate legal description of the area proposed to be rezoned, or a draft of the proposed Title amendment.
(iv) The filing fee as shown on the Consolidated Fee Schedule adopted by the Municipal Council.
(v) If a Map amendment is proposed, the following shall also be submitted:
(A) An accurate plan, drawn to scale, showing all areas to be included within the proposed rezoning, designating the present zoning of the property subject of the petition, and properties immediately adjacent thereto.
(B) A concept plan that meets the requirements of Section 15.03.300, Provo City Code, and/or a preliminary subdivision plan that meets the requirements of Section 15.04.080, Provo City Code, whichever is applicable.
(C) The signature of the property owner or authorized agent or, in the case of a multiple property rezoning request, the signature of a majority of the persons who own property within the area proposed for the Zoning Map amendment.
(2) Upon receipt of a petition by the Planning Commission, the Commission shall hold a public hearing in accordance with the provisions of Section 14.02.010, Provo City Code, and may approve, conditionally approve, or deny the concept plan. Before recommending an amendment to this Title, the Planning Commission shall determine whether such amendment is in the interest of the public, and is consistent with the goals and policies of the Provo City General Plan. The following guidelines shall be used to determine consistency with the General Plan:
(a) Public purpose for the amendment in question.
(b) Confirmation that the public purpose is best served by the amendment in question.
(c) Compatibility of the proposed amendment with General Plan policies, goals, and objectives.
(d) Consistency of the proposed amendment with the General Plan’s “timing and sequencing” provisions on changes of use, insofar as they are articulated.
(e) Potential of the proposed amendment to hinder or obstruct attainment of the General Plan’s articulated policies.
(f) Adverse impacts on adjacent land owners.
(g) Verification of correctness in the original zoning or General Plan for the area in question.
(h) In cases where a conflict arises between the General Plan Map and General Plan Policies, precedence shall be given to the Plan Policies.
(3) The fee provided herein shall not be returnable and shall be applied to the General Fund to offset the cost of legal publications, notification of property owners, and the staff time involved in researching the appropriateness of said request and its effect upon the general welfare of the community.
14.02.030 Variances - Procedure.
(1) The Board of Adjustment may authorize variances from the terms of this Title as are found to be in compliance with the variance criteria set forth in Section 14.05.030(9), Provo City Code.
(2) Applications for variance shall be filed with the Board of Adjustment. Said application shall contain the following information:
(a) a description of the requested variance together with a designation of that section of the Provo City Code from which relief is being requested;
(b) an accurate plot plan, if appropriate, indicating the manner in which the variance will be applied and its effect upon adjacent properties;
(c) a filing fee as shown on the Consolidated Fee Schedule adopted by the Municipal Council; and
(d) a written statement indicating how the variance request complies with the variance criteria of Section 14.05.030(9), Provo City Code.
(3) Upon receipt of an application by the Board of Adjustment the Board shall hold a public hearing in accordance with procedures set forth in Section 14.02.010, Provo City Code.
14.02.040 Conditional Use Permits.
(1) The Planning Commission may, subject to the procedures and standards set forth in this Chapter, grant, conditionally grant, or deny an application for a Conditional Use Permit for uses allowed by the Chapter for the applicable zone. The purpose of a Conditional Use Permit is to allow proper integration of uses into the community which may only be suitable in specific locations and may have potentially detrimental characteristics if not properly designed, located, and conditioned.
(2) The following standards shall apply to any request for a Conditional Use Permit:
(a) A proposed conditional use shall be granted unless the subject use will be detrimental to the health, safety, or general welfare of persons residing in the vicinity or injurious to property in the vicinity.
(b) A proposed conditional use shall be detrimental to the health, safety, or general welfare of persons residing in the vicinity or injurious to property in the vicinity:
(i) if the proposed use will cause unreasonable risks to the safety of persons or property because of vehicular traffic or parking, large gatherings of people, or other causes;
(ii) if the proposed use will unreasonably interfere with the lawful use of surrounding property;
(iii) if the proposed use will create a need for essential municipal services which cannot be reasonably met; or
(iv) if the proposed use will in any other way be detrimental to the health, safety or general welfare of persons residing in the vicinity or injurious to property in the vicinity.
(c) A change in the market value of real estate shall not be a basis for the denial of a proposed conditional use.
(d) If a part of a proposed conditional use is found to be contrary to the standards described in this Section, the applicant may propose or consent to curative measures which will make the proposed use not contrary to the standards described in this Section.
(3) Application. Application for a Conditional Use Permit shall be made on a form authorized by the Planning Commission. Said application shall be filed with the Planning Commission and shall be accompanied by the following:
(a) Plats, plans, or drawings drawn to scale showing the location and dimensions of buildings, streets, and other improvements on or near the subject property which may be affected by the proposed use and showing the nature and extent of those effects.
(b) A filing fee as shown on the Consolidated Fee Schedule adopted by the Municipal Council.
(4) Public Hearing. Prior to granting a Conditional Use Permit and after receipt of reports and recommendations, the Planning Commission shall hold a public hearing in accordance with the provisions of Section 14.02.010, Provo City Code.
(5) Action on Application. The Planning Commission may impose conditions on the issuance of a conditional use permit including, but not limited to, limitations on the size or shape of buildings; the dedication, relocation, and/or development of streets; installation and up sizing of utility mains, screening or landscaping to protect adjacent properties; the elimination or relocation of windows or doors to protect the public and adjacent property from the detrimental features of the proposed use; or the requirement of additional parking, or other changes. The Planning Commission may require that the applicant prepare and record covenants running with the land which under the conditions are binding upon the applicants and their successors. No building permit shall be issued until any required Conditional Use Permit has been obtained.
(6) Any use contrary to the Conditional Use Permit or any use utilized prior to obtaining such a permit when one is required under this Title or other ordinance or any use inconsistent with the Conditional Use Permit after it has been issued is unlawful and may be enjoined by the City.
(7) Any appeals to the decision of the Planning Commission regarding the issuance or denial of a conditional use permit shall be heard by the Board of Adjustment as outlined in Section 14.02.050, Provo City Code.
14.02.050 Appeals.
Appeals to the Board of Adjustment shall be governed by the provisions set forth in Chapter 14.05, Provo City Code.
14.02.060 Conditional Use Permit Expiration.
(1) Unless otherwise specified in the action granting a conditional use permit, a permit which has not been utilized within twelve (12) months from the effective date thereof shall expire and shall become null and void unless such time period is extended pursuant to the terms of this Section.
(a) Once any portion of the conditional use permit is utilized, the other portions and conditions related thereto become immediately operative and shall be strictly complied with.
(b) Utilization shall be construed to mean pouring of concrete, or commencement of framing on construction, or commencement of the use or uses for which the permit was granted.
(2) Subject to the criteria in Subsection (3) below, the twelve (12) month time period within which a conditional use permit must be utilized may be extended for six (6) months by the Development Services Director or the Director’s designee; or for twelve (12) months by the Planning Commission.
(a) In no case shall a conditional use permit be extended for more than twelve (12) months from the original expiration date. A conditional use permit shall expire and shall become null and void if utilization has not occurred within twenty four (24) months from the original effective date of the permit.
(b) An application for an extension of time shall be submitted prior to the original twelve (12) month expiration date.
(3) In order to approve an extension of time, the approving authority shall find, based on substantial evidence placed in the record, that:
(a) Substantial progress is being made toward obtaining site plan approval or a building permit, as the case may be;
(b) The conditional use permit has not been utilized due to reasons beyond the control of the applicant;
(c) Conditions originally approved with the conditional use permit are still viable based on currently applicable requirements of the Provo City Code; and
(d) No ordinance changes have occurred or are being considered that may affect the activity or project authorized by the permit.
14.02.070 Modification or Revocation of Conditional Use Permit.
(1) The Planning Commission, on its own motion or upon a staff recommendation or after receipt of an applicant’s request, may hold a hearing upon the question of modification or revocation of a Conditional Use Permit granted under or pursuant to the provisions of this Section.
(2) Notice of said hearing shall be made in a manner prescribed by Section 14.02.010, Provo City Code.
(3) Applicants requesting Planning Commission consideration of the modification or revocation of a conditional use permit shall pay the Conditional Use permit fee and the public notice fee set forth in Chapter 14.43, Provo City Code.
(4) A Conditional Use Permit may be modified or revoked if the Planning Commission finds one (1) or more of the following:
(a) that the use permit was obtained by misrepresentation or fraud;
(b) that the use for which the permit was granted is not being exercised;
(c) that the use for which the use permit was granted has ceased or has been suspended for six (6) months;
(d) that the conditions imposed upon said use permit have not been complied with;
(e) that the use is detrimental to the health, safety, or general welfare of persons residing in the vicinity or injurious to property in the vicinity, except that a change in the market value of real estate shall not be considered an injury to property; or
(f) that the conditional use has been materially altered or expanded beyond the scope of the use originally authorized. Factors such as, but not limited to, increased number or size of structures, finding that a nuisance exists, or alteration of the approved project plan may be cause for modification or revocation of a conditional use permit.
14.02.080 Annexed Territory - Zoning.
Any property which, for any reason, is not designated on the official Zoning Map as being classified in any of the zones established hereby; or any property in the process of annexation, or annexed to or consolidated to Provo City subsequent to the effective date of this Section, shall be deemed to be classified in accordance with the lowest density zone allowed by the land use designation set forth for the subject property in the Provo City General Plan.
14.02.110 Temporary Regulations.
(1) The Municipal Council may, without a public hearing, enact ordinances establishing temporary zoning regulations for any part or all of the area within the city if:
(a) the legislative body makes a finding of compelling, countervailing public interest; or
(b) the area is unzoned.
(2) Temporary zoning regulations may prohibit, restrict, or regulate the erection, construction, reconstruction, or alteration of any building or structure or subdivision approval.
(3) A temporary zoning regulation may not impose an impact fee or other financial requirement on building or development.
(4) The Municipal Council may, without a public hearing, enact an ordinance establishing temporary zoning regulations prohibiting construction, subdivision approval and other development activities within an area that is the subject of an Environmental Impact Statement or a Major Investment Study examining the area as a proposed highway or transportation corridor. Said temporary regulations may be renewed at the request of the Utah Transportation Commission for up to two (2) additional six (6) month periods by an ordinance enacted prior to the expiration of the previous temporary regulation, provided that such regulations shall be in effect only as long as the Environmental Impact Statement or Major Investment Study is in progress.
(5) Temporary zoning regulations shall not exceed six (6) months in duration.
14.02.120 Land Use Code.
The Planning Commission shall prepare and maintain a Land Use Code which shall contain a list of the use numbers and use classifications used in this Title, together with the definitions and explanations of the Planning Commission concerning the same. The Land Use Code shall be used to interpret the meaning of any use number or use classification used in this Title.
14.02.130 Pending Ordinance Amendments.
(1) When a proposed amendment to the zoning map or text of this Title or Title 15, Provo City Code, is pending, a person who thereafter files an application which may be affected by the proposed amendment shall not be entitled to rely on the existing zoning map or text which may be amended.
(a) A proposed zoning map or text amendment shall be deemed “pending” when the amendment proposal first appears on a Planning Commission or Municipal Council agenda, as the case may be, which has been noticed as required in this Chapter.
(b) For purposes of this Section, an application shall be vested when all materials required for the application, as set forth in this Title or Title 15, Provo City Code, have been submitted.
(c) If within one (1) year after an application has been vested the applicant has not taken substantial action to pursue an approval, the application shall expire and any vested rights thereunder shall terminate.
(d) For the purpose of this Subsection, “substantial action” means action taken in good faith to diligently pursue any matter necessary to obtain final approval of the application.
(2) An application affected by a pending amendment to the zoning map or text of this Title or Title 15, Provo City Code, shall be subject to the following requirements:
(a) Final action or approval shall not be taken on the application until six (6) months from the date when the pending amendment to the zoning map or text of this Title or Title 15, Provo City Code, was first noticed on a Planning Commission or Municipal Council agenda, as the case may be, unless:
(i) The applicant voluntarily agrees to amend the applicant’s application to conform to the requirements of the proposed amendment; or
(ii) The proposed amendment is sooner enacted or defeated, as the case may be.
(b) If a pending amendment to the zoning map or text of this Title or Title 15, Provo City Code, is enacted within six (6) months after being noticed on a Planning Commission or Municipal Council agenda, as the case may be, an affected application which was filed while the amendment was pending shall conform to the enacted amendment.
(c) If a pending amendment to the zoning map or text of this Title or Title 15, Provo City Code, is not enacted within six (6) months after being noticed on a Planning Commission or Municipal Council agenda, as the case may be, the amendment shall no longer be considered pending and any affected application may be approved without regard to the previously pending amendment.
(3) The Development Services Department shall give an applicant affected by a pending amendment to the zoning map or text of this Title or Title 15, Provo City Code, written notice that:
(a) There is pending legislation;
(b) The applicant’s application may require changes to conform to a zoning map or text amendment which may be enacted; and
(c) Copies of the pending legislation can be obtained by contacting the Development Services office.