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

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

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

Land use categories below are allowed as a permitted use only if they are two thousand (2,500) square feet or less in size (gross square footage). Land use categories below that consist of gross building square footage in excess of two thousand five hundred (2,500) square feet shall be approved only as a conditional use.

(5) Permitted Accessory Uses. Accessory uses and structures are permitted in the ITOD 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:

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

(7) Change of Use or Density. In the ITOD zone, any change of land use or increase in housing density to an existing residential building shall require compliance with all provisions of this Chapter.

(1) The temporary use shall expire annually;

(2) New construction or other significant property improvements shall not be authorized for the temporary use; and

(3) No temporary business licenses shall be allowed in the ITOD zone after December 31, 2012.

(1) Front Yard. No requirement except the front yard setback for any building shall not be greater than six (6) feet along any front yard with the following exception:

(2) Side Yard. No requirement except the side yard setback for any building shall not be greater than ten (10) feet with the following exception:

(3) Side Yard - Corner Lots. On a corner lot, the side yard contiguous to the street shall meet the same standards as Subsection (1) of this Section and shall not be used for vehicular parking except such portion as is devoted to driveway use for access to a garage or carport;

(4) Side Yard - Driveway. See Section 14.37.100, Provo City Code;

(5) Side Yard - Accessory Building. Accessory buildings are not permitted;

(6) Rear Yard. No requirement; and

(7) Noise Buffer Setbacks. Street side yards may be extended beyond the maximum setback limitations in the instance when property is located within one hundred (100) feet of a railroad track upon recommendation by the Design Review Committee. In determining the appropriateness of the increased setback, the approving body shall make the following finding in addition to the conditional use permit criteria:

(1) fences and walls in conformance with the Provo City Code and other City codes and ordinances;

(2) landscaping elements including trees, shrubs, and other planting materials;

(3) necessary appurtenances for utility services with property-impact protection if located adjacent to driveway areas; and

(4) stairs not projecting beyond a property line. Access to commercial ground floor uses shall not be by means of stairs along a primary or secondary street.

(1) Building height shall be measured in number of stories, excluding basement areas;

(2) Each building shall not have less than two (2) stories;

(3) Each story within the ITOD zone shall not exceed fourteen (14) feet except for first story commercial functions may be up to twenty feet (20);

(4) Parapet walls and cornices shall not exceed five (5) feet, except as otherwise provided in Section 14.34.090, Provo City Code;

(5) Residential main floor level shall not exceed three (3) feet in height above street curb elevation;

(6) Commercial main floor level shall not exceed one (1) foot in height above street curb elevation; and

(7) Mechanical equipment shall be screened. Only the minimal amount of screening necessary to fully screen such equipment shall be used. Mechanical equipment shall be setback in such manner that the required screening cannot be seen from the pedestrian street view, if possible.

(1) The maximum building height for buildings or portions of buildings in the ITOD zone located within one hundred (100) feet of, or directly across the street from, an RC, R1, R2 or PRO-R zone shall be a maximum of three (3) stories (not to exceed fifty [50] feet) for the first one hundred (100) feet of building adjacent to the neighboring property or the first one hundred (100) feet of the building across the street.

(2) Buildings or portions of buildings in the ITOD zone located within fifty (50) feet of a property in an RC, R1, R2, or PRO-R zone or the first fifty (50) feet of buildings or portions of buildings in the ITOD zone located directly across the street from an RC, R1, R2, or PRO-R zone, shall be designed with a pitched or gabled roof.

(3) Buildings or portions of buildings in the ITOD Zone located adjacent to properties in an RC, R1, R2 or PRO-R zone shall have a twenty (20) foot landscaped buffer along the adjacent property line(s).

(1) Each lot or parcel in the ITOD zone shall provide a minimum of seventy-five (75%) percent of the required off-street parking set forth in Section 14.37.060, Provo City Code, except as otherwise provided in Subsection (2) of this Section.

(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) All other requirements of Chapter 14.37, Provo City Code, shall apply.

(1) Each structure in the ITOD zone situated along a primary street shall have a minimum habitable main floor depth of forty (40) feet along the entire frontage yard line exclusive of permitted yards and driveway approaches.

(2) Each structure in the ITOD zone situated along a secondary street shall have a minimum habitable main floor depth of thirty (30) feet along the entire frontage yard line exclusive of permitted yards and driveway approaches.

(3) For the purposes of this Section, primary streets are designated as Freedom Blvd. (200 West), 100 West, and 600 South. All other streets shall be designated as secondary streets.

(1) One (1) primary entrance door shall be provided for every fifty (50) feet of building frontage.

(2) Each structure in the ITOD zone situated along a primary street shall provide the first story of the building face with a minimum of fifty (50) percent completely transparent glass and on secondary streets forty (40) percent completely transparent glass. Ground floor residential buildings shall provide twenty (20) percent completely transparent glass.

(3) Building wall materials shall be combined on each facade horizontally only, with the heavier elements below lighter elements.

(4) The exterior finish material on all buildings shall not consist of vinyl or metal siding (including sheet or corrugated metal), plywood, particle board or other wood products not intended as an architectural finish product, or manufactured stone.

(5) All windows and doors, with the exception of ground level shop fronts shall be square or vertical in proportion.

(6) Doors and windows that operate as sliders are prohibited on street frontages and facades.

(7) Pitched roofs, if provided, shall be symmetrically sloped no less than 5:12 on all elevations facing a public street. Pitched roofs for porches and attached sheds may be no less than 2:12.

(8) Windows and doors above the first story shall not exceed fifty (50) percent of the total building wall area, with each facade being calculated independently.

(9) Balconies consisting of a minimum area of fifty (50) square feet shall be provided for a minimum of fifty (50) percent of all residential units. Balconies may be inset into the building or project outward into the property line. Balconies facing a side or rear yard shall maintain a distance of at least ten (10) feet from the face of the balcony to the adjacent property line.

(10) All new buildings that are located within one hundred (100) feet of a rail road right-of-way shall include sound and vibration attenuating design and materials. Permit applicants shall provide documentation from an acoustical engineer that “best practices” for sound and vibration attenuation have been incorporated.

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

(2) The standards set forth in Section 14.34.300 (Transitional Development Standards for Uses Abutting Residential Zones), Provo City Code, shall not apply in the ITOD zone, except for in Section 14.23.160(7), Provo City Code.

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

(2) Uses Within Buildings. All uses established in the ITOD 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, and other uses which are allowed by the Planning Commission to be conducted in the open through the granting of a conditional use permit. Uses customarily deemed to be conducted in the open may include, but are not limited to, outdoor dining, ice skating, and miniature golf.

(3) Landscaping. See Chapter 15.20, Provo City Code. 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 usable open space or recreational amenities in accordance with the requirements set forth in Section 14.34.330, Provo City Code.

(4) Canopies and Marquees. See Chapter 14.34.490, Provo City Code.

(5) Trash Storage. See Section 14.34.080, Provo City Code.

(6) Walls and Fences.

(7) Transitional Development Standards. Where a non-residential use or mixed use in the ITOD zone borders a residential zone, the standards set forth in Chapter 14.34.300, Provo City Code, shall apply.

(8) Sidewalk Cafes. See Chapter 14.21.150(8), Provo City Code.