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Provo City Zoning Code

14.20 SC3

Regional Shopping Center Zone

14.20.010 Purpose and Objectives.

The Regional Shopping Center Zone (SC3) is established to provide a district in which the primary use of the land is for commercial and service uses to serve needs of people living in an entire region and to serve as a place of employment in pleasant surroundings close to the center of the regional population it is intended to serve. The SC3 zone should be located close to freeways and adjacent to major arterials to provide convenient access for major traffic volumes without hazard and without traversing through a residential area. It is intended that this zone shall be characterized by a variety of stores, shops, and service buildings grouped into an integrated architectural unit. The typical uses allowed in the zone will include virtually the whole range of retail and service establishments which can be attractively accommodated within a unified shopping center complex. When supported by the General Plan, an appropriate mixture of uses, such as residential housing, professional office, and institutional uses (preferably located above the ground level of mixed-use buildings), as well as entertainment and recreational venues, is allowable. Where necessary and appropriate, the bulk density design of the development should be tapered to provide for appropriate transition toward less intensive uses neighboring the district.

(Am 2016-37)

14.20.020 Permitted Uses.

(1) Those uses or categories of uses as listed herein, and no others, are permitted in the SC3 zone.

(2) All uses contained 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.

(3) All such categories listed herein and all specific uses contained within them in the Standard Land Use Code will be permitted in the SC3 zone, subject to the limitations set forth herein.

(4) Permitted Principal Uses. The following principal uses and structures, and no others, are permitted in the SC3 zone.

Use No.

Use Classification

1113

One-family dwelling, attached to commercial (subject to Section 14.20.150, Provo City Code)

1130-50

Multi-family and apartment dwelling including live-work units (subject to Section 14.20.150, Provo City Code)

1511

Hotels

1512

Motels and automobile travel courts

1513

Tourist courts

2181

Breweries (only when attached and ancillary to a restaurant)

4920

Transportation services and arrangements

5230

Paint, glass and wallpaper

5240

Electrical supplies

5251

Hardware

5255

Building maintenance

5256

Swimming pool supplies

5311

Department stores (includes major and junior chain department stores)

5312

Discount department stores

5320

Mail and phone order houses

5330

Variety stores

5340

Merchandise vending machine operators

5390

Retail trade - general merchandise

5400

Food

5511

Motor vehicles, automobiles - new car sales and used car sales which will be permitted only as an accessory use to new car sales

5515

Motor vehicles, trucks and buses - new vehicle sales and used vehicles sales permitted only as an accessory use to new truck and bus sales

5520

Automobile accessories (except tire recapping and vulcanizing)

5530

Gasoline service stations

5590

Automotive, marine crafts, aircrafts, and accessories (except mobile and manufactured homes)

5600

Apparel and accessories

5700

Furniture, home furnishings, and equipment (no combined warehousing)

5810

Eating places (restaurants)

5900

Miscellaneous retail trade (except 5920 and 5980)

5910

Drug and proprietary stores

6100

Banks, insurance and real estate (office only)

6200

Personal services - including laundry, photography, beauty and barber services, clothing repair, etc. (except 6240 and 6294)

6297

Athletic clubs, body building studios, spas, aerobic centers

6330

Duplicating, mailing, stenographic and office services

6340

Dwelling and building services (not dwelling units)

6360

Employment services

6391

Auction houses

6394

Equipment rental (indoor only)

6397

Vehicle rental (passenger automobiles only)

6399

Miscellaneous business services

6416-7

Auto washing and polishing (except when adjacent to a residential zone, if so then subject to the Car Wash standards of Section 14.34.250, Provo City Code)

6420

Electrical appliance repair

6494

Furniture repair

6497

Gunsmiths

6498

Saw, knife, and tool sharpening

6499

Miscellaneous small item repair

6510

Medical and other health services (except 6513 Hospitals, 6515 Behavior drug and alcohol treatment centers, 6516 Sanitariums, convalescent, and rest home services

6520

Legal services

6530

Engineering, architectural, and planning services

6590

Professional services

6710

Executive, legislative, and judicial functions

6720

Protective functions and related activities

6730

Postal services

6830

Special training and schooling

6910

Religious activities

7100

Cultural activities and nature exhibition

7212

Motion picture theaters (indoor – subject to the Dance Halls standards contained in Section 14.34.250, Provo City Code)

7390

Amusements (except 7396)

7414

Ice skating (subject to the Dance Halls standards of Section 14.34.250, Provo City Code)

7415

Roller skating and skate boarding (subject to the Dance Halls standards of Section 14.34.250, Provo City Code)

7417

Bowling alleys

8222

Animal hospital services (subject to Section 14.34.250(9), Provo City Code)

(5) Permitted Accessory Uses. Accessory uses are permitted in the SC3 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, equipment storage and supply storage buildings which are customarily used in conjunction with and incidental to a principal use or structure permitted in the SC3 zone; and

(b) Storage of materials used for construction of a building, including a contractor’s temporary office, provided that such use be located 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.

(6) Conditional Uses. The following uses and structures are permitted in the SC3 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.

Use No.

Use Classification

4700

Communication

5313

Surplus store

5920

Liquor, package

6815

Day care services

6942

Fraternal associations and lodges

7396

Dance halls, ballroom

(Am 1986-10, Am 1987-59, Am 1989-56, Am 1993-09, Am 1994-65, Am 1995-02, Am 1995-08, Am 1995-20, Am 1996-23, Am 1997-49, Am 1999-29, Am 2004-18, Am 2013-32, Am 2016-37, Am 2020-03, Am 2020-53, Am 2021-33, Am 2022-40, Am 2025-52)

14.20.025 Single Ownership and Control.

Land within a given SC3 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 other 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 SC3 zone.

(Am 1985-18, Am 1985-33, Am 1987-04, Am 1991-14)

14.20.030 Lot Area.

The minimum area of any lot or parcel of land in the SC3 zone shall be twenty (20) acres; however, smaller lots or parcels may be created as part of an approved and recorded Record of Survey, as specified in Section 14.20.025, Provo City Code. Said land shall be in single ownership or single control for integrated development.

(Am 1985-18, Am 1986-50)

14.20.040 Lot Width.

Each lot or parcel of land in the SC3 zone shall have an average width of not less than seven hundred (700) feet; however, narrower lots or parcels may be created as part of an approved and recorded Record of Survey, as specified in Section 14.20.025, Provo City Code.

(Am 1985-18)

14.20.050 Lot Frontage.

Each lot or parcel of land in the SC3 zone shall abut on a public street for a minimum distance of five hundred (500) feet on a line parallel to the centerline of said street; 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 specified in Section 14.20.025, Provo City Code. A portion of the lot frontage may be along the circumference of a cul-de-sac improved to City standards; however, the primary access to a regional shopping center shall not be provided from a cul-de-sac street.

(Am 1985-18)

14.20.060 Prior Created Lots.

Lots or parcels of land which were created prior to the application of this zone (December 12, 1974) shall not be denied a building permit solely for reason of nonconformance with the above parcel requirements of this Chapter.

(Am 1985-18)

14.20.070 Area of Zone.

Each single SC3 (Shopping Center) zone shall contain a minimum of twenty (20) acres. The SC3 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 area which has not been designed and constructed as an integrated regional shopping center.

(Am 1985-18)

14.20.080 Yard Requirements.

The following minimum yard requirements shall apply in the SC3 zone: (Note: All setbacks are measured from the property line or approved private thoroughfares, including sidewalks and parkstrips, whichever is more restrictive.)

(1) Front Yard. Each lot or parcel in the SC3 zone shall have a front yard of not less than twenty (20) 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) of this Section, each lot or parcel of land in the SC3 zone shall have a side yard of at least ten (10) feet when located adjacent to a residential zone. There shall be no requirements 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 ten (10) 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;

(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 drainage onto the lot or parcel on which it is erected;

(6) Rear Yard. No requirement; and

(7) Rear Yard - Accessory Buildings. No requirement.

(8) The Development Services Director, or the Director’s designee, may reduce 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 a necessary clear vision area, as defined elsewhere in this Title, or an existing or needed utility easement;

(c) The proposed setback does not cause a violation of the International Building Code or the Fire Code; and

(d) The building facade adjacent to the street is animated with building entrances and/or glazing equal to a minimum of twenty-five percent (25%) of the wall area on the first floor and is to be articulated with projections or offsets of a minimum of twelve (12) inches at a maximum spacing of thirty (30) feet along the entire face of the building.

(e) That a reduction in setbacks is in the best interest of Provo City.

(Am 1987-45, Am 1995-02, Am 1999-30, Am 2016-37, Am 2020-57)

14.20.090 Projections into Yards.

(1) The following structures may be erected on or project into any required yard, except they may not obstruct 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, and other plants; and

(c) Necessary appurtenances for utility services.

(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, except that they may not obstruct a required building.

(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.

14.20.100 Building Height.

No lot or parcel of land in the SC3 zone shall have a building or structure which exceeds a height of seventy-five (75) feet. Chimneys, flagpoles, or similar structures not used for human occupancy are excluded in determining height.

(Am 1985-65, Am 1998-46, Am 2016-37)

14.20.110 Distance Between Buildings.

The minimum distance between any accessory building and a main building on a lot in the SC3 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.

(Am 1985-65, Am 2011-08)

14.20.120 Permissible Lot Coverage.

In an SC3 zone, all buildings and structures shall not cover an area of more than thirty percent (30%) of the lot or parcel of land upon which they are placed.

14.20.130 Parking, Loading, and Access.

(1) Each lot or parcel in the SC3 zone shall have automobile parking sufficient to meet the requirements as set forth in Chapter 14.37, Provo City Code.

(2) All parking spaces shall be built as described in Section 14.37.090, Provo City Code, and shall be provided with adequate drainage which shall not run across a public sidewalk.

(3) Except as provided in this Subsection, parking spaces shall not be provided within a required front yard or side yard adjacent to a public street. Parking may be permitted in a required front or side yard area adjacent to a street that is considered interior to the development, and not a classified arterial or collector road, if the conditions of Section 14.20.080(8), Provo City Code, are met and a landscape buffer is provided that meets all of the following conditions:

(a) An innovative landscaping design is submitted that is superior to the landscaping that would result from application of the minimum standards;

(b) A minimum six (6) foot wide landscape buffer is provided along the entire length of the encroaching parking lot edge;

(c) Landscape buffer shall consist of berms, shrubs, vegetative groundcover, or a combination thereof, achieving a minimum height of thirty (30) inches;

(d) Landscape buffer shall achieve ninety percent (90%) screening at plant maturity without extending over the adjacent sidewalk. Decorative walls may be incorporated as part of the buffer area, but shall not be used exclusively;

(e) The perimeter buffer shall include one (1) shade tree per thirty (30) feet along the entire length of the parking area, excluding necessary driveway access. Required street trees shall not be used in meeting this requirement; and

(f) Parking structures which do not include habitable floor space shall not be located closer to the street than the average of all other structures on the same block face and shall include additional landscape buffering at a rate of one (1) foot of width for each two (2) feet of structure height, up to the minimum building setback required by this Chapter.

(4) Above-grade parking structures shall be architecturally screened to be compatible with adjacent building façades and/or provide habitable floor space meeting the following requirements:

(a) Parking structures which front a public or private street shall have a minimum habitable main floor depth of thirty (30) feet along the entire street frontage other than for permitted side yards and driveway approaches; and

(b) A minimum of one (1) pedestrian entrance to a commercial space, lobby, or residential unit shall be provided for every one hundred (100) feet of habitable building street frontage.

(5) Loading spaces shall be provided as required by the Planning Commission.

(Am 2016-37, Am 2020-09)

14.20.140 Project Plan Approval.

See Sections 15.03.300 and 15.03.310, Provo City Code.

(Am 1987-04, Am 1994-03, Am 1999-44, Am 2001-10)

14.20.150 Other Requirements.

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

(2) Uses Within Buildings. All uses established in the SC3 zone shall be conducted entirely within a fully-enclosed building except those uses deemed by the Planning Commission to be customarily and appropriately conducted in the open. Such uses may include, but would not be limited to, service stations, ice skating, miniature golf, etc.

(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 SC3 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 in any business, commercial, manufacturing, industrial zone borders a residential zone, the standards set forth in Section 14.34.300, Provo City Code.

(7) Residential Uses. Residential uses and the necessary appurtenances (e.g., parking, landscape, etc.) are permitted provided they do not comprise more than twenty percent (20%) of the overall project site area and that they comply with the design standards outlined in Section 14.34.287, Provo City Code.

(a) 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.

(b) 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. Landscaping within the required setback shall not be calculated towards meeting this provision.

(c) Any amenity required under this Section must be contained within, or immediately adjacent to, the residential portion of the development.

(Am 1990-53, Am 1994-28, Am 1995-06, Am 1995-56, Am 1996-72, Am 1997-12, Am 1998-43, Am 1999-61, Am 2016-37, Am 2017-38, Am 2018-27, Ren 2020-53, Am 2021-05, Am 2022-43, Am 2025-15. Formerly 14.20.160)