Provo City Zoning Code
14.24 CM
Heavy Commercial Zone
14.24.010 Purpose and Objectives.
The Heavy Commercial zone (CM) is established to provide an area in which a congruous mixture of retail commercial, warehousing, heavy commercial, and light manufacturing uses may be established. The zone is to be used primarily as a transitional zone between industrial areas and residential areas and/or lighter commercial districts. The zone is also intended to provide for the location of manufacturing and warehousing operations which are operated in conjunction with and incidental to a retail commercial establishment. The CM zone should be located in those areas where it provides service as a transitional zone and where there is adequate accessibility to good transportation facilities. Care should be taken in the location of this zone that heavy volumes of truck traffic generated by a warehousing and light manufacturing uses do not traverse through a residential neighborhood or a retail commercial area in order to reach major highways or rail facilities. The uses characteristic of this zone will be warehouses, light manufacturing or assembly plants, machine shops, automobile repair facilities, furniture and appliance repair, tire recapping, and building materials stores and yards. The CM zone should be characterized by buildings and grounds which combine utility and attractive appearance. The utility of buildings, parking areas, and loading facilities should be softened with landscaped areas along all street frontages.
14.24.020 Permitted Uses.
(1) Those uses or categories of uses as listed herein, and no others, are permitted in the CM 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-digit number in which the last one (1) or two (2) digits are zeros.
(3) All such classifications listed herein and all specific uses contained within them in the Standard Land Use Code will be permitted in the CM 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 CM zone.
(a) The following manufacturing uses are allowed in the CM zone only when they are incidental to the retail sales of the manufactured products on the same premises.
Use No. | Use Classification |
|---|---|
Sausages and other prepared meat products | |
Poultry and small game dressing and packing | |
Dairy products | |
Canning and preserving of fruits, vegetables, and seafood | |
Bakery products | |
Confectionery and related products | |
Textile mill products | |
Wooden containers | |
Furniture and fixtures | |
Plastic materials and synthetic resins | |
Drugs (except cannabis production establishments) | |
Perfumes, cosmetics, and other toilet preparations | |
Statuary and factory-made art goods of clay, plaster of Paris, plaster, etc. | |
Cut stone and stone products (includes tombstone, terrazzo, furniture, etc.) | |
Radio and television receiving sets | |
Communication equipment | |
Electronic components accessories | |
Electronic computing equipment | |
Cutlery, hand tools, and general hardware | |
Coating, plating, engraving, and allied services |
(b) The following manufacturing uses shall be permitted in the CM zone without primary retail sales of products on the same premises:
Use No. | Use Classification |
|---|---|
Apparel and other finish products made from fabric, leather, etc. | |
Printing, publishing, and allied industries | |
Professional, scientific, and controlling instruments; photographic and optical goods; watches and clocks | |
Miscellaneous manufacturing (except 3960, 3992, 3993, and 3997) |
(c) The following uses shall be permitted in the CM zone:
Motor vehicle transportation | |
Automobile parking (4603 - Recreational vehicle storage yards, subject to Section 14.34.350, Provo City Code) | |
Electric transmission right-of-way (Identifies areas where the surface is devoted exclusively to the right-of-way of the activity) | |
Electric utility (office only) | |
Gas pipeline right-of-way (Identifies areas where the surface is devoted exclusively to the right-of-way of the activity) | |
Gas pressure control stations | |
Gas company (office only) | |
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 pressure control stations and pumping plants | |
Water utility or irrigation company | |
Sewage pipeline right-of-way (Identifies areas where surface is devoted exclusively to right-of-way activity) | |
Sewage pumping stations | |
Refuse disposal company office | |
Gas & electric utility office | |
Water and electric utility office | |
Combination utilities right-of-way (Identifies areas where surface is devoted exclusively to right-of-way activity) | |
Storm drain or right-of-way (Pre-dominantly covered pipes or boxes) | |
Transportation services and arrangements | |
Building materials, hardware, farm equipment and supplies | |
Department stores | |
Discount department stores | |
Surplus stores | |
Mail and Phone order houses | |
Variety stores | |
Merchandise vending machine operators | |
Direct selling organizations | |
Retail Trade - General Merchandise | |
Food | |
Automotive, marine craft, aircraft, and accessories | |
Apparel and accessories | |
Furniture, home furnishings, and equipment (may have warehousing on the same premises) | |
Eating places | |
Drug & Proprietary Stores | |
Antiques and secondhand merchandise, flea markets, except 5935 which has reference to secondhand auto parts and dismantling of automobiles, and 5938, junk dealers and salvage operations, which two uses shall be excluded from the zone | |
Books, stationery, art, hobbies | |
Sporting goods, bicycles, etc. | |
Farm and garden supplies | |
Jewelry | |
Fuel and ice | |
Miscellaneous retail | |
Bank, insurance, real estate, office only | |
Personal services (except 6299) | |
Athletic clubs, body building studios, Spas, aerobic centers, (no gymnasiums) | |
Business services (except 6380) | |
Repair services (6419 - Auto towing impound yards, subject to Section 14.34.350, Provo City Code) | |
Contract construction services (except open storage yards) | |
Executive, judicial, and legislative government | |
Operation centers | |
Protective functions and related activities | |
Postal services | |
Educational services | |
Religious activities | |
Churches, synagogues, temples | |
Religious reading rooms | |
6919 | Other religious activities |
Cultural Activities | |
Video Rental Shops | |
Bowling alleys | |
Recreation and community centers | |
Swimming pools and schools | |
Archery (indoor only) | |
Pistol and rifle range (indoor only) |
(5) Permitted Accessory Uses. Accessory uses and structures are permitted in the CM 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 buildings, and supply storage buildings which are customarily used in conjunction with and incidental to a principal use or structure permitted in the CM zone;
(b) Storage of materials used for the 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; and
(c) Caretaker dwellings, provided that such dwellings comply with the supplementary development standards for caretaker dwellings set forth in Section 14.34.220, Provo City Code.
(6) Conditional Uses. The following uses and structures are permitted in the CM 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 |
|---|---|
Cereal preparation (small quantities) | |
Blending and preparing flour (small quantities) | |
Nonferrous foundries (small items casting in connection with retail sales of products only) | |
Heliport (pad only without maintenance facilities) | |
Low Power Radio Communication Towers and Antennas | |
Electricity regulating substations | |
4818 | Small Generation |
Other electric utility, NEC | |
Natural or manufactured gas storage; distribution points | |
4829 | Other gas utilities, NEC |
Water storage as part of a utility system (covered including water storage standpipes) | |
Debris basin (A dam and basin for intercepting debris) | |
Spreading grounds (Area for percolating water into underground) | |
Pipeline right-of-way and pressure control stations | |
Drinking places - alcoholic beverages | |
Package liquor store | |
Miscellaneous retail trade similar to bait shops, package fuel, monuments and tombstones, ornamental rock sales, and other heavy retail goods (except fireworks) | |
Wedding Chapel and reception centers | |
Auction services | |
Behavior, drug, and alcohol services | |
Contract construction services (includes storage yards) | |
Police Protection and related activities, branch (Office only) | |
Miscellaneous service organizations | |
Entertainment assembly, miscellaneous purposes | |
Drive-in motion picture theaters | |
Public assembly | |
Penny arcades and coin-operated amusement | |
Miniature golf | |
Golf driving ranges | |
Auto racing, miniature (slot cars, etc.) | |
Dance halls, ballrooms | |
Billiard and pool halls | |
Miscellaneous amusements (including such uses as tourist guides, shooting galleries, trampolines, bicycle rentals, etc.) | |
Ice Skating | |
Roller Skating and Skate Boarding | |
Veterinarian services |
14.24.030 Lot Area.
14.24.040 Lot Width.
14.24.050 Lot Frontage.
14.24.060 Prior Created Lots.
14.24.070 Area of Zone.
Each single CM (Heavy Commercial) zone shall contain a minimum of five (5) acres. The CM zone may be applied to an existing commercial area which does not meet these area requirements provided the existing commercial facilities to which the zone is being applied are in compliance with the purpose and objectives of this zone.
14.24.080 Yard Requirements.
The following minimum yard requirements shall apply in the CM zone: (Note: All setbacks are measured from the property line.)
(1) Front Yard. Each lot or parcel in the CM zone shall have a front yard of not less than ten (10) 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, there shall be no side yard requirements in the CM zone;
(3) Side Yard - Corner Lots. On corner lots, the side yard contiguous to the street shall be not less than fifteen (15) 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 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
(b) The accessory building has facilities for the discharge of all roof drainage onto the lot or parcel upon which it is erected. All accessory buildings which do not meet the above requirements shall be located at least six (6) feet from the side property line;
(6) Rear Yard. No requirement; and
(7) Rear Yard - Accessory Buildings. An accessory building may be placed on a rear property line if, and only if, all of the following conditions are met:
(a) 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 four (4) hour fire-retardant rating; and
(b) The accessory building has facilities for the discharging of all roof drainage onto the lot or parcel on which it is erected. All accessory buildings which do not meet the above requirements shall be located at least six (6) feet from the rear property line.
14.24.090 Projections into Yards.
(1) The following structures may be erected on or project into a required yard:
(a) Fences and walls in conformance with the Provo City Code and other City codes and ordinances.
(b) Landscape elements, including trees, shrubs, agricultural crops, and other plants.
(c) Necessary appurtenances for utility service.
(2) The structures listed below may project into a minimum front yard or side yard adjacent to a street not more than four (4) feet.
(a) Cornices, eaves, belt courses, sills, buttresses, or other similar architectural features.
(b) Stairways, balconies, door stoops, fire escapes, awnings, and planter boxes or masonry planters not exceeding twenty-four (24) inches in height.
14.24.100 Building Height.
14.24.110 Distance Between Buildings.
No requirements except as may be specified by the latest edition of the International Building Code as adopted by Provo City.
14.24.120 Permissible Lot Coverage.
14.24.130 Parking, Loading, and Access.
(1) Each lot or parcel of land in the CM zone shall have on the same lot or parcel automobile parking sufficient to meet the requirements set forth in Chapter 14.37, Provo City Code.
(2) Except as provided in Section 14.34.350, Provo City Code, all parking spaces shall be built as described in Section 14.37.090, Provo City Code, and shall be provided with paved concrete access from a public street.
(3) Said spaces shall be provided with adequate drainage which shall not run across a public sidewalk.
(4) Parking spaces shall not be provided within a required front yard or a side yard adjacent to a public street. Loading spaces shall be provided as required by the Planning Commission, using as a guide a requirement of one (1) such space per ten thousand (10,000) square feet of gross building area.
14.24.150 Other Requirements.
(1) Signs. See Chapter 14.38, Provo City Code.
(2) Uses Within Buildings. All manufacturing and retail commercial establishments in the CM 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, equipment rental, ice skating, miniature golf, etc. Open storage of materials and equipment permitted in this zone may be accomplished only when fully screened from public view by an opaque fence or wall approved by the Planning Commission in conjunction with the issuance of a conditional use permit for said use.
(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 or side yard adjacent to a public street in the CM 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.
(c) The clear-vision area as defined in Section 14.34.100, Provo City Code shall be maintained clear to the extent set forth in that Section.
(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 shall apply.