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Provo City Zoning Code

14.21C GW

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.

14.21C.010 Purpose and Objectives.

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.

(Enacted 2010-31)

14.21C.020 Location of Zone.

The Downtown Gateway (GW) zone shall generally be located along West Center Street between the more intensive downtown zones and Interstate 15.

(Enacted 2010-31)

14.21C.030 Permitted Uses.

(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

1110

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)

1120

Two-family dwelling, attached to commercial or other nonresidential use – (detached only if existing as of July 7, 2009)

1130

Multiple family dwelling (three (3) or four (4) dwelling units), attached to commercial or other nonresidential use

1140

Apartments (low rise)

1241

Assisted living facility (subject to the locational and development standards as set forth in Section 14.34.470, Provo City Code)

1291

Residential facility for elderly persons (see Section 14.34.230, Provo City Code)

1292

Residential facility for persons with a disability (see Section 14.34.230, Provo City Code)

1511

Hotels

1512

Motels

1516

Bed and breakfast

4118

Railroad company office not located at terminal (office only, no storage of related vehicles or equipment is permitted)

4218

Bus company offices not located at terminal (office only, no storage of related vehicles or equipment is permitted)

4318

Airline company offices not located at terminal (office only, no storage of related vehicles is permitted)

4295

Parcel delivery and pickup service

4700

Communications (except 4715)

4811

Electric transmission right-of-way (identifies areas where the surface is devoted exclusively to the right-of-way of the activity)

4815

Electric utility company office (office only, no storage of related vehicles is permitted)

4821

Gas pipeline right-of-way (identifies areas where the surface is devoted exclusively to the right-of-way of the activity)

4825

Gas company office

4831

Water pipeline right-of-way (identifies areas where the surface is devoted exclusively to the right-of-way of the activity)

4835

Irrigation distribution channels

4837

Water utilities or irrigation company office

4841

Sewage pipeline right-of-way (identifies areas where surface is devoted exclusively to right-of-way activity)

4853

Refuse disposal company office

4862

Gas and electric utility company office

4863

Water and electric utility company office

4864

Combination utilities right-of-way (identifies areas where surface is devoted exclusively to right-of-way activity)

4873

Storm drain or right-of-way (predominantly covered pipes or boxes)

4923

Travel agencies

5220

Heating and plumbing equipment (no outside storage)

5230

Paint, glass, and wallpaper

5240

Electrical supplies

5251

Hardware

5254

Janitorial supplies

5255

Building maintenance supplies

5256

Swimming pool supplies

5330

Variety stores

5340

Merchandise vending machine operators

5390

Retail trade - general merchandise

5400

Food stores (groceries, meats and fish, fruits and vegetables, candy, nuts, dairy products, bakeries, etc.)

5594

Motor scooters or motorcycles

5600

Apparel and accessories

5700

Furniture, home furnishings, and equipment

5810

Eating places (restaurants)

5910

Drug and proprietary stores

5930

Antiques and secondhand merchandise (except 5935 Secondhand auto parts, 5938 Junk dealers and salvage, 5939 Secondhand stores)

5940

Books, stationery, art, and hobby supplies

5950

Sporting goods, bicycles, and toys

5969

Garden supplies

5970

Jewelry

5990

Miscellaneous retail stores (includes florists, newspapers and magazines, photo supplies, pet stores, and other similar retail stores) (except 5992 Cigars and cigarettes)

6100

Banks, insurance, and real estate (except 6123 Pawnbrokers, 6124 Bail bonds, and 6129 Other credit services)

6200

Personal services - including laundry, photography, beauty and barber services, clothing repair, etc. (except 6294 Escort services and 6295 Tattooing)

6300

Business services (office and retail sales only, except

6375

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

6420

Electrical appliance repair and service

6493

Watch and clock repair

6494

Reupholstering and furniture repair

6496

Locksmiths and key shops

6497

Gunsmiths

6498

Saw, knife, and tool sharpening

6499

Other repair services, NEC (except blacksmiths)

6500

Professional Services (except 6515 Behavior, drug and alcohol treatment; 6518 Blood banks; and 6550 Data processing services)

6600

Contract construction services (office only)

6710

Executive, legislative, and judicial functions (no repair or maintenance facilities)

6720

Protective functions and related activities

6730

Postal services

6800

Educational services

6910

Religious activities

7398

Video rental shops

7399

Other amusements, NEC (bike rentals only)

7600

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:

4715

Communications, low power radio communication towers and antennas

4814

Electricity regulating substations

4824

Gas pressure control stations

4834

Water storage as part of a utility system (covered including water storage standpipes)

4836

Water pressure control stations and pumping plants

4844

Sewage pumping stations

5530

Gasoline service stations

(Enacted 2010-31, Am 2020-53, Am 2021-05, Am 2025-52)

14.21C.035 West Center Street Professional Services Office Use.

(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.

(Enacted 2010-31, Am 2020-09)

14.21C.040 Prior Created Lots.

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.

(Enacted 2010-31)

14.21C.050 Lot Standards.

Lots within the GW Zone shall be developed according to the following:

(1) Minimum Lot Area:

20,000 square feet

(2) Minimum Lot Width:

90 feet

(3) Minimum Lot Depth:

90 feet

(4) Minimum Lot Frontage:

90 feet

(5) Maximum Lot Coverage:

No requirement

(Enacted 2010-31)

14.21C.060 Yard Requirements.

Yards shall be provided according to the following:

Yard

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

(4) Street Side Yard:

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.

(Enacted 2010-31)

14.21C.070 Building Height.

Building height, measured from the top of the street curb, shall be determined by the following:

(1) Total Maximum Building Height:

50 feet

(2) Minimum Number of Building Stories:

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.

(Enacted 2010-31, Am 2021-33)

14.21C.080 Transitional Development Standards.

(1) Buildings or portions of buildings in the GW zone located adjacent to properties in an RC, R1, R2 or PRO-R zone shall be located 20 feet from the nearest property line of a residentially zoned property.

(Enacted 2010-31)

14.21C.090 Minimum Habitable Main Floor Depth.

(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.

(Enacted 2010-31)

14.21C.100 Projections.

(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.

(Enacted 2010-31)

14.21C.110 Distance Between Buildings.

No requirement except as regulated by the provisions of the adopted version of the International Building Code.

(Enacted 2010-31)

14.21C.120 Project Plan Approval.

See Sections 15.03.300 and 15.03.310, Provo City Code.

(Enacted 2010-31)

14.21C.130 Parking, Loading, and Access.

(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.

(Enacted 2010-31, Am 2021-33)

14.21C.140 Landscaping.

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

(Enacted 2010-31)

14.21C.150 Design Standards.

(1) Design standards detailed in Section 14.34.295, Provo City Code, Downtown Development Design Standards, shall apply to the GW zone.

(2) The standards set forth in Section 14.34.300, Provo City Code, Transitional Development Standards, shall not apply in the GW zone.

(Enacted 2010-31, Am 2021-05)

14.21C.160 Signs.

(1) Signs shall be regulated by Section 14.38.105, Provo City Code, Signs Permitted in the Downtown (DT) Zones.

(Enacted 2010-31)

14.21C.170 Trash Storage and Location.

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.

(Enacted 2010-31)

14.21C.180 Walls and Fences.

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

(2) Street Side Yard:

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.

(Enacted 2010-31)

14.21C.190 Notice of Parking and Occupancy Restrictions.

(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.

(Enacted 2010-31)