Downtown Gateway
The following fence heights are permitted within the GW zone. Chain link fences are not permitted in the GW zone.
(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.
The Downtown Gateway (GW) zone is intended to accommodate, restaurants, hotels and a variety of retail uses to accommodate visitors as well as local residents. Properties in this primary entrance to Provo should be inviting, attractive, well designed and maintained and new development shall be required to adhere to the established design guidelines for this zone in order to create a distinct sense of place. This zone is not intended to accommodate large scale retail uses. Uses in this district should not compete with Downtown or a shopping center but should consist of smaller scale downtown and visitor support type uses, incorporated into a mixed-use design.
(1) Those uses or categories of uses as listed herein, and no others, are permitted in the GW 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 (0).
(3) All such categories listed herein and all specific uses contained within them in the Standard Land Use Code will be permitted in the GW zone, subject to the limitations set forth.
(4) First Floor Commercial. Nonresidential uses are required in the minimum habitable floor depth on the first story of all buildings within the district.
(5) Property located within one hundred (100) feet of 100 North Street shall only be permitted to be developed with one-family residential units, either attached or detached. No commercial uses are permitted within 100 feet of 100 North Street.
(6) Permitted Principal Uses. The following principal uses and structures, and no others, are permitted in the GW zone:
Use No. | Use Classification |
|---|---|
One-family dwelling, attached to commercial or other nonresidential use – (detached only if existing as of July 7, 2009 or if located within one hundred (100) feet of the 100 North Street) | |
Two-family dwelling, attached to commercial or other nonresidential use – (detached only if existing as of July 7, 2009) | |
Multiple family dwelling (three (3) or four (4) dwelling units), attached to commercial or other nonresidential use | |
Apartments (low rise) | |
Assisted living facility (subject to the locational and development standards as set forth in Section 14.34.470, Provo City Code) | |
Residential facility for elderly persons (see Section 14.34.230, Provo City Code) | |
Residential facility for persons with a disability (see Section 14.34.230, Provo City Code) | |
Motels | |
Bed and breakfast | |
Railroad company office not located at terminal (office only, no storage of related vehicles or equipment is permitted) | |
Bus company offices not located at terminal (office only, no storage of related vehicles or equipment is permitted) | |
Airline company offices not located at terminal (office only, no storage of related vehicles is permitted) | |
Parcel delivery and pickup service | |
Communications (except 4715) | |
Electric transmission right-of-way (identifies areas where the surface is devoted exclusively to the right-of-way of the activity) | |
Electric utility company office (office only, no storage of related vehicles is permitted) | |
Gas pipeline right-of-way (identifies areas where the surface is devoted exclusively to the right-of-way of the activity) | |
Gas company office | |
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 utilities or irrigation company office | |
Sewage pipeline right-of-way (identifies areas where surface is devoted exclusively to right-of-way activity) | |
Refuse disposal company office | |
Gas and electric utility company office | |
Water and electric utility company office | |
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) | |
Travel agencies | |
Heating and plumbing equipment (no outside storage) | |
Paint, glass, and wallpaper | |
Electrical supplies | |
Hardware | |
5254 | Janitorial supplies |
5255 | Building maintenance supplies |
Swimming pool supplies | |
Variety stores | |
Merchandise vending machine operators | |
Retail trade - general merchandise | |
Food stores (groceries, meats and fish, fruits and vegetables, candy, nuts, dairy products, bakeries, etc.) | |
Motor scooters or motorcycles | |
Apparel and accessories | |
Furniture, home furnishings, and equipment | |
Eating places (restaurants) | |
Drug and proprietary stores | |
Antiques and secondhand merchandise (except 5935 Secondhand auto parts, 5938 Junk dealers and salvage, 5939 Secondhand stores) | |
Books, stationery, art, and hobby supplies | |
Sporting goods, bicycles, and toys | |
Garden supplies | |
Jewelry | |
Miscellaneous retail stores (includes florists, newspapers and magazines, photo supplies, pet stores, and other similar retail stores) (except 5992 Cigars and cigarettes) | |
Banks, insurance, and real estate (except 6123 Pawnbrokers, 6124 Bail bonds, and 6129 Other credit services) | |
Personal services - including laundry, photography, beauty and barber services, clothing repair, etc. (except 6294 Escort services and 6295 Tattooing) | |
Business services (office and retail sales only, except | |
Household goods warehousing and storage (only as a mixed-use within buildings, but not in ground floor areas along Center Street frontages) and moving company offices without local trucking | |
Electrical appliance repair and service | |
Watch and clock repair | |
Reupholstering and furniture repair | |
Locksmiths and key shops | |
Gunsmiths | |
Saw, knife, and tool sharpening | |
Other repair services, NEC (except blacksmiths) | |
Professional Services (except 6515 Behavior, drug and alcohol treatment; 6518 Blood banks; and 6550 Data processing services) | |
Contract construction services (office only) | |
Executive, legislative, and judicial functions (no repair or maintenance facilities) | |
Protective functions and related activities | |
Postal services | |
Educational services | |
Religious activities | |
Video rental shops | |
Other amusements, NEC (bike rentals only) | |
Park |
(6) Permitted Accessory Uses. Accessory uses and structures are permitted in the GW 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) Swimming pools and incidental bath houses subject to the standards of 14.34.210 – Pools; and
(b) Storage of materials used for construction of a building, including the 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;
(c) Vegetable and flower gardens;
(d) Home occupations subject to the regulations of Chapter 14.41 – Home Occupations; and
(e) Household pets, provided that no more than two (2) dogs and two (2) cats six (6) months of age or older shall be kept at any residence or commercial establishment at any time. Nothing herein shall be construed as authorizing the keeping of any animal capable of inflicting harm or discomfort or endangering the health and safety of any person or property.
(7) Uses Within Buildings. All uses established in the GW 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.
(9) Canopies and marquees shall be permitted per the requirements of Section 14.34.490.
(10) Conditional Uses. The following uses and structures are permitted in the GW 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:
Communications, low power radio communication towers and antennas | |
Electricity regulating substations | |
Gas pressure control stations | |
Water storage as part of a utility system (covered including water storage standpipes) | |
Water pressure control stations and pumping plants | |
Sewage pumping stations | |
Gasoline service stations |
(1) A building originally constructed as a one-family or two-family dwelling located on a lot or parcel which fronts on Center Street, between 500 West Street and Interstate 15, may be converted to a professional services office use included within Standard Land Use Number 6500 except numbers 6513 to 6518. This Section is intended to encourage preservation of older established homes along West Center Street that contribute substantially to the character of the adjacent neighborhoods.
(2) The conversion of a building from residential to professional services office use shall be subject to the following:
(a) One (1) dwelling unit may be located in a building converted to a professional services office use when an office is located in the building. The residential unit shall be located in a basement or second level space and not on the main building level;
(b) Parking standards as required by Chapter 14.37, Provo City Code, for the proposed uses shall be satisfied;
(c) Notwithstanding any other provision of this Title, a rear yard may be covered in its entirety in asphalt, concrete, or other material as specified in Section 14.37.090, Provo City Code, to satisfy parking requirements except as follows:
(i) Each professional services office shall provide perimeter landscaping at a minimum of four (4) feet in width between the parking lot and each abutting property occupied by a residential use;
(ii) A decorative metal or masonry fence shall be provided between the parking lot and each abutting property occupied by a one or two-family residential use. Vertical, hedge-forming vegetation and one (1) tree per thirty (30) feet shall be provided along the entire length of such fence. The Design Review Committee may approve alternative or existing fence material based on a finding that the alternative materials will result in an adequate transition between the professional services offices and abutting residential uses; and
(iii) Two hundred (200) square feet of usable open space shall be provided in the rear yard if a dwelling unit exists in the building. Usable open space may consist of landscaping, a patio or similar amenity for building tenants;
(d) The applicant shall maintain but not change the exterior character of the building while occupied by an office use, unless the exterior modifications are approved by the Design Review Committee. The Committee shall review such modifications for compatibility with the building’s original design and materials;
(e) Building expansion or enlargement during the period of office occupancy shall not exceed twenty- five (25) percent of the first floor square footage and enlargements shall not include an increase in building height. Any expansion or enlargement shall be approved by the Design Review Committee. The Committee shall review the expansion for compatibility with the building’s original design and materials;
(f) Signs for the professional services office use shall be in compliance with sign regulations applicable to the GW zone;
(g) A building permit shall be obtained and building code requirements for the change of use shall be satisfied;
(h) The professional services office use shall be discontinued and all conforming or nonconforming rights shall expire upon demolition of the building; and
(i) This Section shall not apply to a building constructed after November 11, 2008.
Existing lots or parcels of land that do not meet the minimum lot standards found in Section 14.21C.050 may not obtain a building permit without approval of a conditional use permit. A conditional use permit may only be issued if the proposed project meets the conditions outlined in Section 14.02.040(2), in addition to the following:
(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.
Yards shall be provided according to the following:
Minimum | Maximum | |
(1) Front Yard: | 10 feet | 20 feet |
(2) Front Yard (Center St): | 0 feet | 10 feet |
(3) Side Yard: | 0 feet | 10 feet |
10 feet | 20 feet | |
(5) Driveway Access: | 16 feet | 30 feet* |
*A driveway is permitted only in one side yard. The side yard with a driveway may be increased to fifty (50) feet in order to provide parking along the building side. A six (6) foot walk and two (2) foot landscaped area must be located between the main building and the parking area. The maximum width for a driveway in a side yard is twenty-four (24) feet.
(6) Rear: | 20 feet | No requirement |
(7) Clear Vision Area: | See Section 14.34.100 – Clear Vision – Corner Lots. | |
(8) Courtyards: Front 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:
(a) That the proposed courtyard will serve a legitimate public purpose;
(b) That the design of the courtyard enhances the public realm and will reasonably attract activity throughout each day and not on a limited special event basis;
(c) That the courtyard is not raised more than two feet above street sidewalk grade;
(d) That landscaping or other elements do not obscure more than twenty-five per cent (25%) of the street view into the setback; and
(e) Minimum habitable floor area required by section 14.21C.090 shall be provided along the increased courtyard.
Building height, measured from the top of the street curb, shall be determined by the following:
(1) Total Maximum Building Height: | 50 feet |
2 stories | |
(3) Maximum Story Height: | 14 feet |
(4) Maximum Parapet/Cornice Height: | 5 feet |
(5) Main Floor Elevation – Residential: | 3 feet maximum above curb |
(6) Main Floor Elevation – Commercial: | 1 foot maximum above curb |
(7) Roof mounted mechanical equipment shall be permitted so long as it is completely screened behind an architectural feature of the primary structure.
(8) Section 14.34.090. Height Limitations and Exceptions– shall be adhered to within the GW zone.
(1) Each structure in the GW zone fronting a public street shall have a minimum habitable main floor depth of thirty (30) feet along the entire street frontage except 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 (1) of the primary street frontages subject to approval by the City Engineer and the Design Review Committee.
(1) The following structures may be erected on or project into a required yard provided it does not obstruct a required driveway:
(a) Fences and walls in conformance with the Provo City Code;
(b) Landscaping elements including trees, shrubs, and other planting materials; and
(c) Necessary appurtenances for utility services with property-impact protection if located adjacent to driveway areas.
(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, Provo City Code, Signs.
(4) Marquees and canopies may project into the street right-of-way under the provisions of Section 14.34.490, Provo City Code.
(5) Balconies may project into the street right-of-way a maximum of five (5) feet so long as a minimum of ten (10) feet of vertical clearance is provided between the sidewalk and the projecting balcony.
No requirement except as regulated by the provisions of the adopted version of the International Building Code.
(1) Each lot or parcel in the GW zone shall provide automobile and bicycle parking sufficient to meet the requirements as set forth in Chapter 14.37, Provo City Code.
(2) Maximum Parking. In no case shall parking exceed that required by Chapter 14.37, Provo City Code, Parking.
(3) Parking Design. Parking shall be designed to the requirements of Section 14.37.100, Provo City Code.
(a) Surface parking shall not be provided within thirty (30) feet of a front or street side yard property line of any property adjacent to a primary street. Surface parking is not permitted within the first six (6) feet of properties fronting secondary streets and must be separated from the street by a six (6) foot wide berm that is a minimum of twenty-four (24) inches in height.
All trash storage areas shall be designed according to the standards of Section 14.34.080, Provo City Code, Trash Storage, except the following provisions shall prevail:
(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, Provo City Code, cannot be issued to allow trash storage within a front or street side yard; and
(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:
(a) It is completely enclosed within the building;
(b) A one hundred percent (100%) opaque lockable garage door or other equivalent, that measures no more than ten (10) feet in width and eight (8) feet in height is provided.
The following fence heights are permitted within the GW zone. Chain link fences are not permitted in the GW zone.
(1) Front Yard: | 3 feet |
3 feet | |
(3) Side Yard: | 6 feet |
(4) Rear Yard: | 6 feet |
(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 (1/2) 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.
Downtown Gateway
The following fence heights are permitted within the GW zone. Chain link fences are not permitted in the GW zone.
(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.
The Downtown Gateway (GW) zone is intended to accommodate, restaurants, hotels and a variety of retail uses to accommodate visitors as well as local residents. Properties in this primary entrance to Provo should be inviting, attractive, well designed and maintained and new development shall be required to adhere to the established design guidelines for this zone in order to create a distinct sense of place. This zone is not intended to accommodate large scale retail uses. Uses in this district should not compete with Downtown or a shopping center but should consist of smaller scale downtown and visitor support type uses, incorporated into a mixed-use design.
(1) Those uses or categories of uses as listed herein, and no others, are permitted in the GW 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 (0).
(3) All such categories listed herein and all specific uses contained within them in the Standard Land Use Code will be permitted in the GW zone, subject to the limitations set forth.
(4) First Floor Commercial. Nonresidential uses are required in the minimum habitable floor depth on the first story of all buildings within the district.
(5) Property located within one hundred (100) feet of 100 North Street shall only be permitted to be developed with one-family residential units, either attached or detached. No commercial uses are permitted within 100 feet of 100 North Street.
(6) Permitted Principal Uses. The following principal uses and structures, and no others, are permitted in the GW zone:
Use No. | Use Classification |
|---|---|
One-family dwelling, attached to commercial or other nonresidential use – (detached only if existing as of July 7, 2009 or if located within one hundred (100) feet of the 100 North Street) | |
Two-family dwelling, attached to commercial or other nonresidential use – (detached only if existing as of July 7, 2009) | |
Multiple family dwelling (three (3) or four (4) dwelling units), attached to commercial or other nonresidential use | |
Apartments (low rise) | |
Assisted living facility (subject to the locational and development standards as set forth in Section 14.34.470, Provo City Code) | |
Residential facility for elderly persons (see Section 14.34.230, Provo City Code) | |
Residential facility for persons with a disability (see Section 14.34.230, Provo City Code) | |
Motels | |
Bed and breakfast | |
Railroad company office not located at terminal (office only, no storage of related vehicles or equipment is permitted) | |
Bus company offices not located at terminal (office only, no storage of related vehicles or equipment is permitted) | |
Airline company offices not located at terminal (office only, no storage of related vehicles is permitted) | |
Parcel delivery and pickup service | |
Communications (except 4715) | |
Electric transmission right-of-way (identifies areas where the surface is devoted exclusively to the right-of-way of the activity) | |
Electric utility company office (office only, no storage of related vehicles is permitted) | |
Gas pipeline right-of-way (identifies areas where the surface is devoted exclusively to the right-of-way of the activity) | |
Gas company office | |
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 utilities or irrigation company office | |
Sewage pipeline right-of-way (identifies areas where surface is devoted exclusively to right-of-way activity) | |
Refuse disposal company office | |
Gas and electric utility company office | |
Water and electric utility company office | |
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) | |
Travel agencies | |
Heating and plumbing equipment (no outside storage) | |
Paint, glass, and wallpaper | |
Electrical supplies | |
Hardware | |
5254 | Janitorial supplies |
5255 | Building maintenance supplies |
Swimming pool supplies | |
Variety stores | |
Merchandise vending machine operators | |
Retail trade - general merchandise | |
Food stores (groceries, meats and fish, fruits and vegetables, candy, nuts, dairy products, bakeries, etc.) | |
Motor scooters or motorcycles | |
Apparel and accessories | |
Furniture, home furnishings, and equipment | |
Eating places (restaurants) | |
Drug and proprietary stores | |
Antiques and secondhand merchandise (except 5935 Secondhand auto parts, 5938 Junk dealers and salvage, 5939 Secondhand stores) | |
Books, stationery, art, and hobby supplies | |
Sporting goods, bicycles, and toys | |
Garden supplies | |
Jewelry | |
Miscellaneous retail stores (includes florists, newspapers and magazines, photo supplies, pet stores, and other similar retail stores) (except 5992 Cigars and cigarettes) | |
Banks, insurance, and real estate (except 6123 Pawnbrokers, 6124 Bail bonds, and 6129 Other credit services) | |
Personal services - including laundry, photography, beauty and barber services, clothing repair, etc. (except 6294 Escort services and 6295 Tattooing) | |
Business services (office and retail sales only, except | |
Household goods warehousing and storage (only as a mixed-use within buildings, but not in ground floor areas along Center Street frontages) and moving company offices without local trucking | |
Electrical appliance repair and service | |
Watch and clock repair | |
Reupholstering and furniture repair | |
Locksmiths and key shops | |
Gunsmiths | |
Saw, knife, and tool sharpening | |
Other repair services, NEC (except blacksmiths) | |
Professional Services (except 6515 Behavior, drug and alcohol treatment; 6518 Blood banks; and 6550 Data processing services) | |
Contract construction services (office only) | |
Executive, legislative, and judicial functions (no repair or maintenance facilities) | |
Protective functions and related activities | |
Postal services | |
Educational services | |
Religious activities | |
Video rental shops | |
Other amusements, NEC (bike rentals only) | |
Park |
(6) Permitted Accessory Uses. Accessory uses and structures are permitted in the GW 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) Swimming pools and incidental bath houses subject to the standards of 14.34.210 – Pools; and
(b) Storage of materials used for construction of a building, including the 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;
(c) Vegetable and flower gardens;
(d) Home occupations subject to the regulations of Chapter 14.41 – Home Occupations; and
(e) Household pets, provided that no more than two (2) dogs and two (2) cats six (6) months of age or older shall be kept at any residence or commercial establishment at any time. Nothing herein shall be construed as authorizing the keeping of any animal capable of inflicting harm or discomfort or endangering the health and safety of any person or property.
(7) Uses Within Buildings. All uses established in the GW 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.
(9) Canopies and marquees shall be permitted per the requirements of Section 14.34.490.
(10) Conditional Uses. The following uses and structures are permitted in the GW 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:
Communications, low power radio communication towers and antennas | |
Electricity regulating substations | |
Gas pressure control stations | |
Water storage as part of a utility system (covered including water storage standpipes) | |
Water pressure control stations and pumping plants | |
Sewage pumping stations | |
Gasoline service stations |
(1) A building originally constructed as a one-family or two-family dwelling located on a lot or parcel which fronts on Center Street, between 500 West Street and Interstate 15, may be converted to a professional services office use included within Standard Land Use Number 6500 except numbers 6513 to 6518. This Section is intended to encourage preservation of older established homes along West Center Street that contribute substantially to the character of the adjacent neighborhoods.
(2) The conversion of a building from residential to professional services office use shall be subject to the following:
(a) One (1) dwelling unit may be located in a building converted to a professional services office use when an office is located in the building. The residential unit shall be located in a basement or second level space and not on the main building level;
(b) Parking standards as required by Chapter 14.37, Provo City Code, for the proposed uses shall be satisfied;
(c) Notwithstanding any other provision of this Title, a rear yard may be covered in its entirety in asphalt, concrete, or other material as specified in Section 14.37.090, Provo City Code, to satisfy parking requirements except as follows:
(i) Each professional services office shall provide perimeter landscaping at a minimum of four (4) feet in width between the parking lot and each abutting property occupied by a residential use;
(ii) A decorative metal or masonry fence shall be provided between the parking lot and each abutting property occupied by a one or two-family residential use. Vertical, hedge-forming vegetation and one (1) tree per thirty (30) feet shall be provided along the entire length of such fence. The Design Review Committee may approve alternative or existing fence material based on a finding that the alternative materials will result in an adequate transition between the professional services offices and abutting residential uses; and
(iii) Two hundred (200) square feet of usable open space shall be provided in the rear yard if a dwelling unit exists in the building. Usable open space may consist of landscaping, a patio or similar amenity for building tenants;
(d) The applicant shall maintain but not change the exterior character of the building while occupied by an office use, unless the exterior modifications are approved by the Design Review Committee. The Committee shall review such modifications for compatibility with the building’s original design and materials;
(e) Building expansion or enlargement during the period of office occupancy shall not exceed twenty- five (25) percent of the first floor square footage and enlargements shall not include an increase in building height. Any expansion or enlargement shall be approved by the Design Review Committee. The Committee shall review the expansion for compatibility with the building’s original design and materials;
(f) Signs for the professional services office use shall be in compliance with sign regulations applicable to the GW zone;
(g) A building permit shall be obtained and building code requirements for the change of use shall be satisfied;
(h) The professional services office use shall be discontinued and all conforming or nonconforming rights shall expire upon demolition of the building; and
(i) This Section shall not apply to a building constructed after November 11, 2008.
Existing lots or parcels of land that do not meet the minimum lot standards found in Section 14.21C.050 may not obtain a building permit without approval of a conditional use permit. A conditional use permit may only be issued if the proposed project meets the conditions outlined in Section 14.02.040(2), in addition to the following:
(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.
Yards shall be provided according to the following:
Minimum | Maximum | |
(1) Front Yard: | 10 feet | 20 feet |
(2) Front Yard (Center St): | 0 feet | 10 feet |
(3) Side Yard: | 0 feet | 10 feet |
10 feet | 20 feet | |
(5) Driveway Access: | 16 feet | 30 feet* |
*A driveway is permitted only in one side yard. The side yard with a driveway may be increased to fifty (50) feet in order to provide parking along the building side. A six (6) foot walk and two (2) foot landscaped area must be located between the main building and the parking area. The maximum width for a driveway in a side yard is twenty-four (24) feet.
(6) Rear: | 20 feet | No requirement |
(7) Clear Vision Area: | See Section 14.34.100 – Clear Vision – Corner Lots. | |
(8) Courtyards: Front 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:
(a) That the proposed courtyard will serve a legitimate public purpose;
(b) That the design of the courtyard enhances the public realm and will reasonably attract activity throughout each day and not on a limited special event basis;
(c) That the courtyard is not raised more than two feet above street sidewalk grade;
(d) That landscaping or other elements do not obscure more than twenty-five per cent (25%) of the street view into the setback; and
(e) Minimum habitable floor area required by section 14.21C.090 shall be provided along the increased courtyard.
Building height, measured from the top of the street curb, shall be determined by the following:
(1) Total Maximum Building Height: | 50 feet |
2 stories | |
(3) Maximum Story Height: | 14 feet |
(4) Maximum Parapet/Cornice Height: | 5 feet |
(5) Main Floor Elevation – Residential: | 3 feet maximum above curb |
(6) Main Floor Elevation – Commercial: | 1 foot maximum above curb |
(7) Roof mounted mechanical equipment shall be permitted so long as it is completely screened behind an architectural feature of the primary structure.
(8) Section 14.34.090. Height Limitations and Exceptions– shall be adhered to within the GW zone.
(1) Each structure in the GW zone fronting a public street shall have a minimum habitable main floor depth of thirty (30) feet along the entire street frontage except 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 (1) of the primary street frontages subject to approval by the City Engineer and the Design Review Committee.
(1) The following structures may be erected on or project into a required yard provided it does not obstruct a required driveway:
(a) Fences and walls in conformance with the Provo City Code;
(b) Landscaping elements including trees, shrubs, and other planting materials; and
(c) Necessary appurtenances for utility services with property-impact protection if located adjacent to driveway areas.
(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, Provo City Code, Signs.
(4) Marquees and canopies may project into the street right-of-way under the provisions of Section 14.34.490, Provo City Code.
(5) Balconies may project into the street right-of-way a maximum of five (5) feet so long as a minimum of ten (10) feet of vertical clearance is provided between the sidewalk and the projecting balcony.
No requirement except as regulated by the provisions of the adopted version of the International Building Code.
(1) Each lot or parcel in the GW zone shall provide automobile and bicycle parking sufficient to meet the requirements as set forth in Chapter 14.37, Provo City Code.
(2) Maximum Parking. In no case shall parking exceed that required by Chapter 14.37, Provo City Code, Parking.
(3) Parking Design. Parking shall be designed to the requirements of Section 14.37.100, Provo City Code.
(a) Surface parking shall not be provided within thirty (30) feet of a front or street side yard property line of any property adjacent to a primary street. Surface parking is not permitted within the first six (6) feet of properties fronting secondary streets and must be separated from the street by a six (6) foot wide berm that is a minimum of twenty-four (24) inches in height.
All trash storage areas shall be designed according to the standards of Section 14.34.080, Provo City Code, Trash Storage, except the following provisions shall prevail:
(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, Provo City Code, cannot be issued to allow trash storage within a front or street side yard; and
(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:
(a) It is completely enclosed within the building;
(b) A one hundred percent (100%) opaque lockable garage door or other equivalent, that measures no more than ten (10) feet in width and eight (8) feet in height is provided.
The following fence heights are permitted within the GW zone. Chain link fences are not permitted in the GW zone.
(1) Front Yard: | 3 feet |
3 feet | |
(3) Side Yard: | 6 feet |
(4) Rear Yard: | 6 feet |
(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 (1/2) 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.