Provo City Zoning Code
14.03 Major
Street Plan
14.03.010 Adoption and Effect of Major Street Plan.
(1) The Provo City Planning Commission shall adopt and maintain a major street plan for Provo City in conformance with, and as a part of, the General Plan in accordance with procedures for adopting and amending the Provo City General Plan as set forth in Chapter 15.17, Provo City Code, and the procedures set forth in this Chapter. Said major street plan shall contain the proposed location of all arterial and collector streets as defined in the Provo City Subdivision Regulations, and such other principal streets as the Planning Commission may deem appropriate.
(a) Prior to the Planning Commission adopting or amending the Major Street Plan, the Neighborhood Coordinator shall be notified and shall schedule the item for a Neighborhood District meeting for each affected Neighborhood District. The Provo City Engineering Department shall make a presentation at a Neighborhood District meeting explaining the proposed changes to the public. When possible, public notice signs shall be placed in the public rights-of-way along the affected roadways advertising the proposed changes and the Neighborhood District meeting. A report of the meeting may be provided by the Neighborhood Coordinator to the Planning Commission for consideration following the meeting.
(b) Upon recommendation of a Major Street Plan by the Planning Commission, the major street plan shall be submitted to the Municipal Council for adoption.
(2) The adoption of a major street plan:
(a) does not require Provo City to immediately acquire property it has designated for eventual use as a public street;
(b) does not require a landowner to dedicate and construct a street as a condition of development approval, unless Provo City determines that requiring the dedication and improvement of a street are necessary because of a development proposed by the landowner;
(c) does not prevent Provo City from requiring a landowner to take into account proposed streets in the planning of a development proposal; and
(d) does not prevent Provo City from acquiring property for street purposes via purchase, gift, voluntary dedication, or eminent domain.
14.03.020 Amendment of the Major Street Plan.
(1) Any person may file a request to amend the major street plan in accordance with procedures for amending the Provo City General Plan, as set forth in Chapter 15.17, Provo City Code. An applicant requesting a major street plan amendments shall pay the application fee for General Plan amendments adopted pursuant to Chapter 14.43, Provo City Code, and shall submit the following information:
(a) a map and legal description of street area to be amended;
(c) names and addresses of owners whose property would be affected by the amendment; and
(d) a written statement of the purpose for the major street plan amendment request.
(2) An application to amend the Major Street Plan shall be filed and processed in accordance with procedures for adopting and amending the Provo City General Plan as set forth in this Chapter and Chapter 15.17, Provo City Code.
14.03.030 Permits in Conformance with Major Street Plan.
(1) No permits shall be issued for any building or structure or part thereof on any land located between the mapped lines of any street as shown on the major street plan, except that the Board of Adjustment shall have the power, upon an appeal filed with it by the owner of any land affected by the major street plan, to authorize the grant of a permit for a building or structure or parts thereof within any mapped street location in any case in which the Board of Adjustment makes one (1) of the following findings:
(a) the property of the appellant of which such map-street location forms a part will not yield a reasonable economic return to the owner unless such permit be granted; or
(b) in balancing the interest of the City in preserving the integrity of the major street plan and the interest of the owner in the use of the benefits of the property, the granting of such permit is required for justice and equity.
(2) Prior to any findings of the Board of Adjustment related to the issuance of a permit within any mapped street location, a public hearing shall be held in conformance with the provisions of Section 14.02.010, Provo City Code.
(3) In the event the Board of Adjustment decides to authorize a building permit, it shall have the power to specify the exact location, ground area, height, and other details and conditions of extent and character and also the duration of the building, structure, or part thereof to be permitted.
(4) The major street plan map may not be used to unconstitutionally prohibit the development of property designated for eventual use as a public street.
14.03.040 Adoption of Local Street Plan.
The Provo City Planning Commission shall adopt and maintain a local street plan which will provide long-range planning for local neighborhood streets. The local street plan shall provide the same generalized planning function for minor streets that is provided by the major street plan for arterial and collector streets. This process is not intended to define specific alignments, and where such alignments must be protected they shall be placed on the major street plan. However, it is intended to ensure that property within a given area, which is expected to be eventually subdivided, can be adequately developed and serviced. Upon recommendation by the Planning Commission, local street plan shall be submitted to the Municipal Council for adoption.
14.03.050 Amendment of Local Street Plan.
Any person requesting an amendment to a local street plan may file a request for such amendment with the Planning Commission, which shall review the request for compliance with the purposes of Chapter 14.03.040, Provo City Code, and make a recommendation to the Municipal Council. Applicants for local street plan amendments shall pay the application fee as set forth in Chapter 14.43, Provo City Code and shall submit the following information:
(1) A map and legal description of the street to be amended.
(3) Names and addresses of property owners who may be affected by the amendment.
(4) A written statement of the purpose(s) for the local street plan amendment request.