Neighborhood Shopping Center Zone
The Neighborhood Shopping Center (SC1) zone is established to provide an area in which the primary use of the land is for commercial and service uses to serve the daily convenience needs of the surrounding residential neighborhood. The zone is intended to be located on the fringe of neighborhood areas, along a collector or arterial street and to be integrated into the residential structure of a neighborhood in a manner that will create a minimum of detriment, hazard, or inconvenience to surrounding residential development. Each Neighborhood Shopping Center zone will be small (containing from one (1) to five (5) acres) and will be located within convenient walking distance from the edge of the surrounding residential area it is designed to serve. In general, the SC1 zones will be located from one-half (1/2) to one (1) mile from each other, or from another zone in which the daily commercial needs of a neighborhood or residential area will be served. It is intended that the SC1 zone shall be characterized by a harmonious grouping of commercial stores and shops which will be architecturally designed for, and will function as, an integrated unit. Hours of operation should be regulated to provide compatibility. Clean, well-lighted parking lots and attractive, well-maintained shops with appropriate landscaping will also be characteristic of this zone. Lighting will be of a relatively low intensity and low profile with adequate shielding to protect the surrounding residential areas. The architectural design and character will be compatible with that of the surrounding residential environment. Uses permitted in the SC1 zone will be those which will create no detriment to the surrounding residential areas, and will generally serve only the daily convenience needs of the residential neighborhood. Dwellings, industries, recreational uses, or other heavy commercial uses which tend to thwart and discourage the use of the land within this zone for its primary purpose have been excluded. Typical uses allowed by right in this zone are grocery stores, restaurants, drug stores, miscellaneous retail such as book stores and florists, bakeries, dry cleaning, laundries and garment alterations/repairs, video rental, post offices, and barber or beauty shops. A broader range of uses is permitted pursuant to the issuance of a conditional use permit. SC1 zones shall be located generally in conformance with the provisions of the Provo City General Plan. This zone may, however, be located in areas deemed appropriate for the service of a residential neighborhood, provided the basic requirements for a separation of said zones are followed.
(1) Those uses or categories as listed herein, and no others, are permitted in the SC1 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 groupings 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. All such categories or classes listed herein and all specific uses contained within them in the Standard Land Use Code will be permitted in the SC1 zone subject to the limitations set forth herein.
(3) Permitted Principal Uses. The following principal uses and structures, and no others, are permitted in the SC1 zone:
Use No. | Use Classification |
|---|---|
Electric transmissions right-of-way (identifies areas where the surface is devoted exclusively to the right-of-way of the activity) | |
Gas pipeline right-of-way (identifies areas where the surface is devoted exclusively to the right-of-way of the activity) | |
Gas pressure control stations | |
Water pipeline right-of-way (identifies areas where the surface is devoted exclusively to the right-of-way of the activity) | |
Irrigation distribution channels | |
Water pressure control stations and pumping plants | |
Sewage pipeline right-of-way (identifies areas where surface is devoted exclusively to right-of-way activity) | |
Sewage pumping stations | |
Combination utilities right-of-way (identifies areas where surface is devoted exclusively to right-of-way activity) | |
Storm drain or right-of-way (predominantly covered pipes or boxes) | |
Paint, glass and wall paper | |
Hardware | |
Swimming pool supplies | |
Shopping center | |
Variety store, limited price | |
Food | |
Tires, batteries and accessories | |
Convenience stores, with gasoline and general merchandise | |
Apparel and accessories | |
Furniture, home furnishings, and equipment | |
Eating places (restaurants, no drive-through service) | |
Finance, insurance and real estate | |
Radio and TV repair | |
Electrical appliance repair (light, no outdoor storage) | |
Locksmiths and key shops | |
Postal services | |
Dancing schools | |
Religious activities |
(4) Permitted Accessory Uses. Accessory uses and structures are permitted in the SC1 zone, provided they are incidental to, and do not substantially alter, the character of the permitted use or structure. Such permitted accessory uses and structures include, but are not limited to, the following:
(a) Accessory buildings such as garages, carports, equipment storage buildings, and supply storage buildings which are customarily used in conjunction with and incidental to a principal use or structure permitted in the SC1 zone; and
(b) Storage of materials used for construction of 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.
(5) Conditional Uses. The following uses and structures are permitted in the SC1 zone only after a conditional use permit has been issued, and subject to the terms and conditions thereof and the standards of Section 14.34.250, Provo City Code.
(6) Maximum Office Usage. The total gross floor area for office uses (land uses 6100-6199 and 6500-6599 in the Standard Land Use Code) permitted in any SC1 zone shall not exceed fifty percent (50%) of the total floor area in any project plan submitted for Planning Commission approval in accordance with Section 14.18.140, Provo City Code.
Land within a given SC1 zone shall be in single ownership or single control in order to provide for integrated development. The term “single control” shall be construed to allow the recording of a Record of Survey which is in conformance with the “Final Development Plans,” the “Final Approval by Mayor,” the “Standards and Requirements,” and the “Guarantees and Covenants” Sections of the Planned Development Chapter of this Title (Sections 14.31.070(1) and 14.31.080, Provo City Code). The Record of Survey must be approved and recorded prior to the issuance of any building permits and must be in compliance with all applicable sections of the Provo City Code and Building Codes adopted by Provo City. Failure to maintain single ownership or single control may result in the initiation of action to return the property to the zone, or zones, existing prior to the establishment of the SC1 zone.
The minimum area of any lot or parcel of land in the SC1 zone shall be one (1) acre; however, smaller lots or parcels may be created as part of an approved and recorded Record of Survey, as specified in Section 14.18.025, Provo City Code. The maximum area of a lot or parcel of land in the SC1 zone shall be five (5) acres. Said land must be under single ownership or single control for integrated development.
Each lot or parcel of land in the SC1 zone shall abut a public arterial or collector street for a minimum distance of two hundred (200) feet, on a line parallel to the centerline of the street, or along the circumference of a cul-de-sac improved to the City standards; however, lots or parcels with lesser frontage, or no frontage on a public street, may be created as part of an approved and recorded Record of Survey, which conforms to provisions as specified in Section 14.18.025, Provo City Code. Frontage on a street end which does not have a cul-de-sac improved to City standards shall not be counted in meeting this requirement.
Each single SC1 (Neighborhood Shopping Center) zone shall contain a minimum of one (1) acre up to a maximum of five (5) acres. The SC1 zone shall not be applied to an existing commercial area which does not meet these area requirements and shall not be applied to an existing commercial development which has not been designed and constructed as an integrated shopping center. The SC1 zone shall be predominately established on the fringe of established residential areas.
The following minimum yard requirements shall apply in the SC1 zone: (Note: All setbacks are measured from the property line.)
(1) Front Yard. Each lot or parcel in the SC1 zone shall have a front yard of not less than ten (10) feet. Said front yard shall not be used for vehicular parking and shall be appropriately landscaped;
(2) Side Yard. Except as provided in Subsections (3), (4), and (5), Provo City Code, each lot or parcel of land in the SC1 zone shall have a side yard of at least ten (10) feet when located adjacent to a residential zone. There shall be no requirement in those instances where the side property line abuts a commercial or industrial zone;
(3) Side Yard - Corner Lots. On corner lots, the side yard contiguous to the street shall be not less than fifteen (15) feet in width, and shall not be used for vehicular parking. Said area shall be appropriately landscaped except those portions devoted to access and driveway use;
(4) Side Yard - Driveway. See Section 14.37.100, Provo City Code; and
(5) Side Yard - Accessory Building. An accessory building may be located on a side property line if, and only if, all of the following conditions are met:
(a) The accessory building is located more than ten (10) feet from any main residential building on an adjacent property;
(b) The accessory building has no openings on the side which is contiguous to the property line, and the wall of said building adjacent to the property line has a two (2) hour fire retardant rating; and
(c) The accessory building has facilities for the discharge of all roof drainage onto the lot or parcel on which it is erected;
(6) Rear Yard. No requirement; and
(7) Rear Yard - Accessory Buildings. No requirement.
(1) The following structures may be erected on or projected into any required yard, except for a required driveway:
(a) Fences and walls in conformance with the Provo City Code and other City codes and ordinances;
(b) Landscape elements including trees, shrubs, turf, and other plant materials;
(c) Necessary appurtenances for utility service;
(2) The structures listed below may project into a minimum front yard not more than four (4) feet and into a minimum side yard not more than two (2) feet, except that a required driveway shall remain unobstructed from the ground up:
(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 not exceeding twenty-four (24) inches in height; and
(d) Carports and loading docks in a side yard or rear yard, provided that such a structure is not more than one (1) story in height and is entirely open on at least three (3) sides, except for necessary supporting columns and customary architectural features.
(1) No lot or parcel of land in the SC1 zone shall have a building or structure which exceeds a height of thirty-five (35) feet. Chimneys, flagpoles, or similar structures not used for human occupancy are excluded in determining height.
(2) A three (3) story building or structure, not to exceed forty-five (45) feet in height, may be allowed by obtaining a Conditional Use Permit from the Planning Commission, provided that the horizontal setback of the proposed structure from the nearest residential zone boundary is equal to or exceeds twice the building’s height, as measured from the average grade of the front yard to the highest point of the roof.
The minimum distance between any accessory building and a main building on a lot in the SC1 zone shall not be less than ten (10) feet. The minimum distance between all other buildings shall be governed by the latest edition of the International Building Code as adopted by the Provo Municipal Council.
Each lot or parcel in the SC1 zone shall have, on the same lot or parcel, automobile parking sufficient to meet the requirements for retail commercial establishments as set forth in Chapter 14.37, Provo City Code. All parking spaces shall be built as described in Section 14.37.090, Provo City Code, and shall be provided with paved concrete access from a public street. Said spaces shall be provided with adequate drainage which shall not run across a public sidewalk. Parking spaces shall not be provided within a required front yard or side yard adjacent to a public street.
(1) Signs. See Chapter 14.38, Provo City Code.
(2) Uses Within Buildings. All uses established in the SC1 zone shall be conducted entirely within a fully-enclosed building except the pumping of gasoline and similar uses deemed by the Planning Commission to be customarily and appropriately conducted in the open.
(3) Landscaping. See Chapter 15.20, Provo City Code.
(4) Trash Storage. See Section 14.34.080, Provo City Code.
(5) Walls and Fences.
(a) No wall, fence or opaque hedge or screening material higher than thirty-six (36) inches shall be maintained within a required front yard in an SC1 zone.
(b) A decorative masonry wall, at least six (6) feet in height, shall be erected along all property lines which lie adjacent to a residential zone. In the case where there is mutual agreement between the property owners of the commercial zone and the adjacent residential zone, the masonry wall requirement may be modified to allow other suitable materials. A signed agreement must be submitted to the Planning Commission or its designee, indicating this agreement. In the case where there is not mutual agreement, the masonry wall will be required.
(6) Transitional Development Standards. Where a lot or parcel in any business, commercial, manufacturing, or industrial zone borders a residential zone, the standards set forth in section 14.34.300, Provo City Code shall apply.
(7) Hours of Operation. In the SC1 zone, no permitted or conditionally permitted use shall be open for business or accept deliveries after eleven (11:00) P.M. or before six (6:00) A.M., unless otherwise approved by the Planning Commission as part of a duly authorized conditional use permit.
Neighborhood Shopping Center Zone
The Neighborhood Shopping Center (SC1) zone is established to provide an area in which the primary use of the land is for commercial and service uses to serve the daily convenience needs of the surrounding residential neighborhood. The zone is intended to be located on the fringe of neighborhood areas, along a collector or arterial street and to be integrated into the residential structure of a neighborhood in a manner that will create a minimum of detriment, hazard, or inconvenience to surrounding residential development. Each Neighborhood Shopping Center zone will be small (containing from one (1) to five (5) acres) and will be located within convenient walking distance from the edge of the surrounding residential area it is designed to serve. In general, the SC1 zones will be located from one-half (1/2) to one (1) mile from each other, or from another zone in which the daily commercial needs of a neighborhood or residential area will be served. It is intended that the SC1 zone shall be characterized by a harmonious grouping of commercial stores and shops which will be architecturally designed for, and will function as, an integrated unit. Hours of operation should be regulated to provide compatibility. Clean, well-lighted parking lots and attractive, well-maintained shops with appropriate landscaping will also be characteristic of this zone. Lighting will be of a relatively low intensity and low profile with adequate shielding to protect the surrounding residential areas. The architectural design and character will be compatible with that of the surrounding residential environment. Uses permitted in the SC1 zone will be those which will create no detriment to the surrounding residential areas, and will generally serve only the daily convenience needs of the residential neighborhood. Dwellings, industries, recreational uses, or other heavy commercial uses which tend to thwart and discourage the use of the land within this zone for its primary purpose have been excluded. Typical uses allowed by right in this zone are grocery stores, restaurants, drug stores, miscellaneous retail such as book stores and florists, bakeries, dry cleaning, laundries and garment alterations/repairs, video rental, post offices, and barber or beauty shops. A broader range of uses is permitted pursuant to the issuance of a conditional use permit. SC1 zones shall be located generally in conformance with the provisions of the Provo City General Plan. This zone may, however, be located in areas deemed appropriate for the service of a residential neighborhood, provided the basic requirements for a separation of said zones are followed.
(1) Those uses or categories as listed herein, and no others, are permitted in the SC1 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 groupings 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. All such categories or classes listed herein and all specific uses contained within them in the Standard Land Use Code will be permitted in the SC1 zone subject to the limitations set forth herein.
(3) Permitted Principal Uses. The following principal uses and structures, and no others, are permitted in the SC1 zone:
Use No. | Use Classification |
|---|---|
Electric transmissions right-of-way (identifies areas where the surface is devoted exclusively to the right-of-way of the activity) | |
Gas pipeline right-of-way (identifies areas where the surface is devoted exclusively to the right-of-way of the activity) | |
Gas pressure control stations | |
Water pipeline right-of-way (identifies areas where the surface is devoted exclusively to the right-of-way of the activity) | |
Irrigation distribution channels | |
Water pressure control stations and pumping plants | |
Sewage pipeline right-of-way (identifies areas where surface is devoted exclusively to right-of-way activity) | |
Sewage pumping stations | |
Combination utilities right-of-way (identifies areas where surface is devoted exclusively to right-of-way activity) | |
Storm drain or right-of-way (predominantly covered pipes or boxes) | |
Paint, glass and wall paper | |
Hardware | |
Swimming pool supplies | |
Shopping center | |
Variety store, limited price | |
Food | |
Tires, batteries and accessories | |
Convenience stores, with gasoline and general merchandise | |
Apparel and accessories | |
Furniture, home furnishings, and equipment | |
Eating places (restaurants, no drive-through service) | |
Finance, insurance and real estate | |
Radio and TV repair | |
Electrical appliance repair (light, no outdoor storage) | |
Locksmiths and key shops | |
Postal services | |
Dancing schools | |
Religious activities |
(4) Permitted Accessory Uses. Accessory uses and structures are permitted in the SC1 zone, provided they are incidental to, and do not substantially alter, the character of the permitted use or structure. Such permitted accessory uses and structures include, but are not limited to, the following:
(a) Accessory buildings such as garages, carports, equipment storage buildings, and supply storage buildings which are customarily used in conjunction with and incidental to a principal use or structure permitted in the SC1 zone; and
(b) Storage of materials used for construction of 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.
(5) Conditional Uses. The following uses and structures are permitted in the SC1 zone only after a conditional use permit has been issued, and subject to the terms and conditions thereof and the standards of Section 14.34.250, Provo City Code.
(6) Maximum Office Usage. The total gross floor area for office uses (land uses 6100-6199 and 6500-6599 in the Standard Land Use Code) permitted in any SC1 zone shall not exceed fifty percent (50%) of the total floor area in any project plan submitted for Planning Commission approval in accordance with Section 14.18.140, Provo City Code.
Land within a given SC1 zone shall be in single ownership or single control in order to provide for integrated development. The term “single control” shall be construed to allow the recording of a Record of Survey which is in conformance with the “Final Development Plans,” the “Final Approval by Mayor,” the “Standards and Requirements,” and the “Guarantees and Covenants” Sections of the Planned Development Chapter of this Title (Sections 14.31.070(1) and 14.31.080, Provo City Code). The Record of Survey must be approved and recorded prior to the issuance of any building permits and must be in compliance with all applicable sections of the Provo City Code and Building Codes adopted by Provo City. Failure to maintain single ownership or single control may result in the initiation of action to return the property to the zone, or zones, existing prior to the establishment of the SC1 zone.
The minimum area of any lot or parcel of land in the SC1 zone shall be one (1) acre; however, smaller lots or parcels may be created as part of an approved and recorded Record of Survey, as specified in Section 14.18.025, Provo City Code. The maximum area of a lot or parcel of land in the SC1 zone shall be five (5) acres. Said land must be under single ownership or single control for integrated development.
Each lot or parcel of land in the SC1 zone shall abut a public arterial or collector street for a minimum distance of two hundred (200) feet, on a line parallel to the centerline of the street, or along the circumference of a cul-de-sac improved to the City standards; however, lots or parcels with lesser frontage, or no frontage on a public street, may be created as part of an approved and recorded Record of Survey, which conforms to provisions as specified in Section 14.18.025, Provo City Code. Frontage on a street end which does not have a cul-de-sac improved to City standards shall not be counted in meeting this requirement.
Each single SC1 (Neighborhood Shopping Center) zone shall contain a minimum of one (1) acre up to a maximum of five (5) acres. The SC1 zone shall not be applied to an existing commercial area which does not meet these area requirements and shall not be applied to an existing commercial development which has not been designed and constructed as an integrated shopping center. The SC1 zone shall be predominately established on the fringe of established residential areas.
The following minimum yard requirements shall apply in the SC1 zone: (Note: All setbacks are measured from the property line.)
(1) Front Yard. Each lot or parcel in the SC1 zone shall have a front yard of not less than ten (10) feet. Said front yard shall not be used for vehicular parking and shall be appropriately landscaped;
(2) Side Yard. Except as provided in Subsections (3), (4), and (5), Provo City Code, each lot or parcel of land in the SC1 zone shall have a side yard of at least ten (10) feet when located adjacent to a residential zone. There shall be no requirement in those instances where the side property line abuts a commercial or industrial zone;
(3) Side Yard - Corner Lots. On corner lots, the side yard contiguous to the street shall be not less than fifteen (15) feet in width, and shall not be used for vehicular parking. Said area shall be appropriately landscaped except those portions devoted to access and driveway use;
(4) Side Yard - Driveway. See Section 14.37.100, Provo City Code; and
(5) Side Yard - Accessory Building. An accessory building may be located on a side property line if, and only if, all of the following conditions are met:
(a) The accessory building is located more than ten (10) feet from any main residential building on an adjacent property;
(b) The accessory building has no openings on the side which is contiguous to the property line, and the wall of said building adjacent to the property line has a two (2) hour fire retardant rating; and
(c) The accessory building has facilities for the discharge of all roof drainage onto the lot or parcel on which it is erected;
(6) Rear Yard. No requirement; and
(7) Rear Yard - Accessory Buildings. No requirement.
(1) The following structures may be erected on or projected into any required yard, except for a required driveway:
(a) Fences and walls in conformance with the Provo City Code and other City codes and ordinances;
(b) Landscape elements including trees, shrubs, turf, and other plant materials;
(c) Necessary appurtenances for utility service;
(2) The structures listed below may project into a minimum front yard not more than four (4) feet and into a minimum side yard not more than two (2) feet, except that a required driveway shall remain unobstructed from the ground up:
(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 not exceeding twenty-four (24) inches in height; and
(d) Carports and loading docks in a side yard or rear yard, provided that such a structure is not more than one (1) story in height and is entirely open on at least three (3) sides, except for necessary supporting columns and customary architectural features.
(1) No lot or parcel of land in the SC1 zone shall have a building or structure which exceeds a height of thirty-five (35) feet. Chimneys, flagpoles, or similar structures not used for human occupancy are excluded in determining height.
(2) A three (3) story building or structure, not to exceed forty-five (45) feet in height, may be allowed by obtaining a Conditional Use Permit from the Planning Commission, provided that the horizontal setback of the proposed structure from the nearest residential zone boundary is equal to or exceeds twice the building’s height, as measured from the average grade of the front yard to the highest point of the roof.
The minimum distance between any accessory building and a main building on a lot in the SC1 zone shall not be less than ten (10) feet. The minimum distance between all other buildings shall be governed by the latest edition of the International Building Code as adopted by the Provo Municipal Council.
Each lot or parcel in the SC1 zone shall have, on the same lot or parcel, automobile parking sufficient to meet the requirements for retail commercial establishments as set forth in Chapter 14.37, Provo City Code. All parking spaces shall be built as described in Section 14.37.090, Provo City Code, and shall be provided with paved concrete access from a public street. Said spaces shall be provided with adequate drainage which shall not run across a public sidewalk. Parking spaces shall not be provided within a required front yard or side yard adjacent to a public street.
(1) Signs. See Chapter 14.38, Provo City Code.
(2) Uses Within Buildings. All uses established in the SC1 zone shall be conducted entirely within a fully-enclosed building except the pumping of gasoline and similar uses deemed by the Planning Commission to be customarily and appropriately conducted in the open.
(3) Landscaping. See Chapter 15.20, Provo City Code.
(4) Trash Storage. See Section 14.34.080, Provo City Code.
(5) Walls and Fences.
(a) No wall, fence or opaque hedge or screening material higher than thirty-six (36) inches shall be maintained within a required front yard in an SC1 zone.
(b) A decorative masonry wall, at least six (6) feet in height, shall be erected along all property lines which lie adjacent to a residential zone. In the case where there is mutual agreement between the property owners of the commercial zone and the adjacent residential zone, the masonry wall requirement may be modified to allow other suitable materials. A signed agreement must be submitted to the Planning Commission or its designee, indicating this agreement. In the case where there is not mutual agreement, the masonry wall will be required.
(6) Transitional Development Standards. Where a lot or parcel in any business, commercial, manufacturing, or industrial zone borders a residential zone, the standards set forth in section 14.34.300, Provo City Code shall apply.
(7) Hours of Operation. In the SC1 zone, no permitted or conditionally permitted use shall be open for business or accept deliveries after eleven (11:00) P.M. or before six (6:00) A.M., unless otherwise approved by the Planning Commission as part of a duly authorized conditional use permit.