(1) Those uses or categories of uses as listed herein, and no others, are permitted in the DT1 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 categories of such uses permitted within 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 DT1 zone, subject to the limitations set forth.

(4) First Floor Commercial.

(5) Permitted Principal Uses. The following principal uses and structures, and no others, are permitted in the DT1 zone:

(6) Permitted Accessory Uses. Accessory uses and structures are permitted in the DT1 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:

(7) Uses Within Buildings. All uses established in the DT1 zone 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.

(8) Sidewalk cafes shall be permitted per the requirements of Section 14.34.480, Provo City Code.

(9) Canopies and marquees shall be permitted per the requirements of Section 14.34.490, Provo City Code.

(10) Conditional Uses. The following uses and structures are permitted in the DT1 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:

(a) The applicant has demonstrated that consolidation of property to meet the minimum lot requirements is not feasible due to surrounding projects, developments, or buildings.

(b) Requiring a development that meets the minimum lot requirements would result in a project that would be inconsistent with the characteristics of the surrounding area or with the established pattern of the existing buildings.

(c) The applicant has demonstrated that the property can be developed to comply with the purposes and requirements of this title without further need of variances or exceptions.

(9) Side Yard Functions: Side yards on primary streets may only be used for pedestrian access to a building or rear portion of a lot.

(10) Courtyards: Front or street side yards may be extended beyond maximum setback limitations for a public space upon recommendation by the Design Review Committee and the City Engineer. In determining the appropriateness of the courtyard, the approving body shall make the following findings in addition to the conditional use permit criteria:

(11) Valet Drive: A driveway access is permitted for hotels and theaters within the required yards for vehicular access and valet services according to the following:

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

(7) Section 14.34.090, Provo City Code, Height Limitations and Exceptions, must be adhered to within the DT1 zone.

(1) Buildings in the DT1 zone located directly across the street from, or on City blocks which also include properties within, an RC, R1, or PRO-R zone shall comply with the following standards:

(2) Buildings or portions of buildings in the DT1 zone located adjacent to a residentially zoned property shall maintain a twenty (20) foot setback from the nearest property line of the residentially zoned property.

(1) Except as provided in Subsection (2) of this Section, each development that includes a residential use must provide a minimum unit size of no less than five hundred (500) square feet and a minimum average unit size of no less than eight hundred (800) square feet. This requirement does not apply to institutional housing units (i.e., elderly housing, assisted living facilities, etc.).

(2) Mixed-use developments fronting Center Street or University Avenue must provide a minimum residential unit size of no less than five hundred (500) square feet and a minimum average unit size of no less than six hundred (600) square feet.

(1) Each structure in the DT1 zone fronting a public 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. Structured parking shall not be permitted above the minimum habitable floor area along primary streets.

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

(1) Except as provided in Subsection (2) of this Section, the fourth through sixth stories shall step back twenty (20) feet from the first story building facade elevation adjacent to Center Street between 500 West and 100 East. An architectural expression line, such as a cornice or similar feature, shall be used at the third story roof line.

(2) Between 100 East and 200 East, the fourth through sixth stories shall step back one (1) foot from the first story building facade elevation adjacent to Center Street. An architectural expression line, such as a cornice or similar feature, shall be used at the third story roof line.

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

(2) Buildings may project over required driveways provided that a minimum of ten (10) feet of clearance is provided for vehicular access.

(3) Signs may project into a street right-of-way as permitted by Section 14.38.105 - Signs.

(4) Marquees and canopies may project into the street right-of-way under the provisions of Section 14.34.490.

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

(1) Each lot or parcel in the DT1 zone shall provide a minimum of seventy-five percent (75%) of the required off-street parking as set forth in Chapter 14.37, Provo City Code, except:

(2) Residential parking may be reduced to one (1) space per unit for one (1) bedroom units and to one and one-quarter (1 1/4) spaces for units with two (2) or more bedrooms subject to Planning Commission approval of a Transportation Demand Management (TDM) program as described in Section 14.37.050(2), Provo City Code.

(3) Existing structures on properties described in Subsection (3)(a) of this Section shall not be required to provide any new off-street parking due to a change in use so long as the building is not being expanded.

(4) Parking Design. Parking shall be designed to the requirements of Section 14.37.100, Provo City Code.

(1) Landscaping meeting the guidelines of Chapter 15.20 (Development Landscaping Requirements), Provo City Code, shall be required for all yards and open areas not used for vehicular parking or access.

(2) 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 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) shall not be calculated towards meeting this provision. Only fifty percent (50%) of the required recreational amenity space may be located outdoors at the ground floor level. The open space must be massed or accumulated to be functional as a recreational amenity or gathering space.

(1) Design standards detailed in Section 14.34.295 – Downtown Development Design Standards, shall apply to the DT1 zone.

(2) The standards set forth in Section 14.34.300 – Transitional Development Standards, shall not apply in the DT1 zone.

(1) Signs shall be regulated by 14.38.105 – Signs Permitted in the Downtown (DT) Zones.

(1) Trash storage container enclosures shall not be located between a building and any primary or secondary street right-of-way. A conditional use permit under the provisions of Section 14.34.080 cannot be issued to allow trash storage within a front or street side yard.

(2) Trash storage containers shall be located behind a principal building (accessed via a driveway, alley or other internal block right-of-way). If this is not possible due to site constraints, trash storage containers may be enclosed within a required habitable floor area on secondary streets, if:

(5) A decorative masonry wall, at least six (6) feet in height, shall be erected along all property lines which lie adjacent to a R1 or RC 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.

(1) Prior to the issuance of a Certificate of Occupancy for new multiple residential dwelling units a permanent notice must be placed on the electrical box within each unit indicating the maximum allowable occupancy of each unit based on the approved occupancy consistent with the recorded parking and occupancy contract. This notice must be a six (6) by six (6) inch metal or plastic plate that is permanently attached to the electrical box with minimum one half (0.5) inch engraved letters.

(2) Upon submission of these documents any violation to the restrictions and regulations noted therein will be considered a misdemeanor offense and will be subject to criminal action as provided in Section 1.03.010, Provo City Code.