Provo City Zoning Code
14.29 PIC
Planned Industrial Commercial Zone
14.29.010 Purposes and Objectives.
The purpose of the Planned Industrial Commercial (PIC) zone is to encourage imaginative and effective utilization of land through large-scale development, greater flexibility, consolidation of open spaces, clustering of buildings, and the integration of compatible land uses. The Planned Industrial Commercial (PIC) zone is intended to provide an exclusive environment for the establishment of quality research laboratories (nonpolluting light manufacturing uses), commercial uses, and professional office uses in a park-type setting. The zone is more restrictive than the conventional manufacturing zone in order to provide buildings which have architectural excellence, grounds which have an abundance of landscaping and trees, and land uses which do not create air or noise pollution. The zone is tentatively to be located on the fringe areas of the City on open, readily developed land. The zone may be located adjacent to quality residential development and must be properly screened and beautified to create the highest degree of compatibility. The zone should always be located adjacent to major streets and other transportation areas. The zone is to be characterized by attractively designed buildings and off-street parking lots situated among spacious lawns, shrubs, and trees which give a “park-like” appearance. Uses allowed within this zone shall include commercial uses, light industrial uses, office uses, and research uses which can provide integrated and complimentary development. Because of the planned integration of these uses, businesses that cause air or noise pollution are strictly prohibited. The PIC zone should be applied only to large parcels of property where land use relationships can be planned, where an assurance can be made that adequate room for the various uses is provided, and where proper buffers are provided between the complimentary but not always compatible land uses. In order to accomplish the purposes and objectives of the zone, the following regulations shall apply in a Planned Industrial Commercial (PIC) Zone.
14.29.020 Permitted Uses.
(1) Those uses or categories of uses as listed herein, and no others, are permitted in the PIC 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-digit number in which all digits are whole numbers. Classes or categories of such uses permitted in the zones are identified by a four-digit number in which the last one (1) or two (2) digits are zeros.
(3) All such categories listed hereunder and all specific uses contained within them in the Standard Land Use Code will be permitted within the specific land use category of the PIC zone, subject to the limitations set forth herein.
(4) Permitted Principal Uses. The following principal uses and no others are permitted in the PIC zone:
Use No. | Use Classification |
|---|---|
Motels | |
Dairy products (may involve home delivery) | |
Bakery products (includes pastries, crackers, cones and pies, except meat) | |
Confectionery and related products | |
Bottling and canning soft drinks and carbonated waters, nonalcoholic (including drink powders and concentrates) | |
Other food preparations and kindred products, NEC (includes cider, corn chips, peanut butter, spices, vinegar, yeast, and sandwiches for wholesale trade) | |
Textile mill products (except 2295 artificial leather, oil cloth and other impregnating and coating fabrics, except rubberizing and 2296 tire cord and fabric) | |
Apparel and other finished products (except 2360 leather and leather products and 2370 fur goods) | |
Wooden containers | |
Furniture and fixtures | |
Converted paper and paperboard products | |
Paperboard containers and boxes | |
Printing, published and allied industries | |
Plastics and synthetic resins (except 2822 synthetic rubber) | |
Drugs (except cannabis production establishments) | |
Perfumes, cosmetics, and other toilet preparations | |
Miscellaneous plastic products | |
Stone, clay and glass products (except 3230 cement, hydraulic, 3260 concrete, gypsum and plaster products and 3280 abrasive, asbestos and miscellaneous nonmetallic mineral products) | |
Fabricated metal products (except 3412 ammunition, except small arms and 3416 small arms ammunition) | |
Professional, scientific and controlling instruments; photographic and optical goods; watches and clocks | |
Miscellaneous manufacturing (except 3960 tobacco and 3993 matches) | |
Rapid-rail transit and street railway right-of-way | |
Rapid-rail transit terminals | |
Bus passenger terminals (local) | |
Recreational vehicle storage yards, subject to Section 14.34.350, Provo City Code | |
Communications (except 4712 telephone relay towers, 4715 low power radio communication towers and antennas, 4732 radio transmitting stations and towers, 4742 television transmitting stations and relay towers and 4752 radio and television transmitting facilities) | |
Electric transmission right-of-way (Identifies areas where the surface is devoted exclusively to the right-of-way of the activity) | |
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 | |
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 utilities or irrigation company office | |
Sewage pipeline right-of-way (Identifies areas where surface are devoted exclusively to right-of-way activity) | |
Sewage pumping stations | |
Combination utilities’ right-of-way (Identifies areas where surface are devoted exclusively to right-of-way activity) | |
Storm drain or right-of-way (Predominantly-covered pipes or boxes) | |
Transportation services and arrangements | |
General merchandise | |
Food | |
Apparel and accessories | |
Furniture, home furnishings, and equipment (may have warehousing on same premises) | |
Restaurants | |
Miscellaneous retail trade (except 5920 drinking places, 5935 second hand auto parts, 5938 junk dealers and salvage operations, and 5961 hay, grains and feeds for poultry and live stock, including bulk fertilizer) | |
Finance, insurance and real estate services | |
Personal services (except 6242 cemeteries, 6243 crematory, 6244 mausoleums, and 6294 escort services) | |
Athletic clubs, body building studios, Spas, aerobic centers, (no gymnasiums) | |
Business services (except 6371 livestock, 6372 stock yards and 6382 auction yards) | |
Repair services (except 6410 automobile repair and related services - see conditional uses and 6499 horse shoeing) (6419 - Auto towing yards, subject to Section 14.34.350, Provo City Code) | |
Professional Services (except 6515 behavior drug and alcohol treatment centers and 6550 data processing services) | |
Protective functions and related activities | |
Postal service | |
Educational services | |
Miscellaneous service organizations | |
Religious activities | |
Cultural activities (except 7124 zoos and 7129 zoological gardens) | |
Amusements (except 7310 fairgrounds and amusement parks, 7394 go-cart tracks, and 7397 billiard and pool halls) | |
Recreational activities (except 7416 riding academies, schools, and stables, 7418 skiing and tobogganing, 7431 swimming beaches, 7440 marinas, 7452 pistol and rifle range, and 7453 skeet or trap shooting) | |
Parks - leisure and ornamental | |
Horticulture specialties | |
Other agricultural-related activities, NEC (arborist, horticultural and landscaping services) |
(5) Permitted Accessory Uses. Accessory uses and structures appropriate to each of the general land use categories are permitted in the PIC zone provided they are incidental to, and do not substantially alter the character of the principal permitted uses or structures within the respective land use categories. Such accessory uses shall include 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 and no others are permitted in the PIC 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 |
|---|---|
Railroad right-of-way | |
Aircraft transportation (only adjacent to the Provo Municipal Airport) | |
Low power radio communication towers and antennas | |
Electricity regulating substations | |
Electric utility company office | |
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 stand pipes) | |
4859 | Other solid waste disposal, NEC |
Debris basins (a dam and basin for intercepting debris) | |
Spreading grounds (area for percolating water into underground) | |
Wholesale trade (except Use Numbers 5143 poultry and poultry products, 5145 fish and foods, fresh, 5146 meat and meat products, fresh, 5152 grain, 5153 hides, skins, raw furs and pelts, 5156 livestock, 5157 horses and mules, 5159 other farm products, 5191 metals and minerals, 5192 petroleum bulk stations and terminals, 5193 scrap and waste materials, 5194 tobacco and tobacco products, 5195 beer, wine and distiller alcoholic beverages, and 5198 lumber and construction materials) 5200 Building materials, hardware, farm equipment and supplies | |
Automotive, marine craft, aircraft and accessories | |
6410 | Automobile repair and related services (For 6419 - Auto towing yards - see permitted uses) |
Contract construction services | |
Police protection and related activities, branch (office only) | |
Public assembly | |
Video rental shops | |
Veterinarian services* | |
Animal hospital services* | |
Animal kennels, animal boarding, breeding, training and grooming (excluding large animals)* |
*Subject to the following conditions:
(a) Use numbers 8221, 8222, and 8224 shall not be permitted within one thousand (1,000) feet of the Provo Municipal Airport boundary.
14.29.030 Lot Area.
Every lot or parcel of land created in the PIC zone shall be a minimum of one-half (1/2) acre in size; however, smaller lots or parcels may be created as part of an approved and recorded Record of Survey which meets the standards and requirements of this Chapter. The area of land within such Record of Survey shall be at least one-half (1/2) acre.
14.29.040 Lot Width.
Each lot or parcel of land in the PIC zone shall have a lot width adequate to provide for the width of any proposed buildings, driveway access to the rear of such buildings, and peripheral landscaping adjacent to said driveway access at a width of at least five (5) feet. In no event, however, shall the average width of said lot be less than one hundred (100) feet.
14.29.050 Lot Frontage.
Each lot or parcel of land in the PIC zone shall abut on a public street for a minimum distance of sixty (60) feet; however, lots or parcels with lesser frontage, or no frontage, on a public street may be created as part of an approved and recorded Record of Survey which meets the standards and requirements of this Chapter.
14.29.060 Prior Created Lots.
14.29.070 Area of Zone.
14.29.080 Yard Requirements.
The following yard requirements shall apply to the PIC zone: (Note: All setbacks are measured from the property line.)
(1) Front Yard. A front yard setback of twenty (20) feet shall be required in all PIC zones, except when a front yard area is used for parking, in which case a minimum of ten (10) feet of landscaping shall be required between the parking area and the street;
(2) Side Yards. Each lot or parcel within the PIC zone, except as set forth in Subsections (3), (4) and (5) of this Section, shall have side yards of at least ten (10) feet;
(3) Side Yard - Corner Lots. On corner lots in the PIC zone, a side yard setback of ten (10) feet shall be required. Side yards on corner lots shall not be used for vehicular parking;
(4) Side Yard - Driveway. See Section 14.37.100, Provo City Code;
(5) Side Yard - Accessory Building. Same as principal structures;
(6) Rear Yard. Each lot or parcel of land in the PIC zone shall have a rear yard of not less than ten (10) feet; and
(7) Rear Yard - Accessory Building. Same as principal buildings and structures.
14.29.090 Projections into Yards.
(1) The following structures may be constructed on or may be projected into any 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, turf, and decorative lighting; and
(c) Necessary appurtenances for utility service;
(2) The structures listed below may project into a minimum front or side yard not more than four (4) feet, except that all required driveways shall remain unencumbered from the ground up.
(a) Cornices, eaves, belt courses, sills, buttresses, or other similar architectural features;
(b) Fireplace structures and bays, loading docks (except in front yard) and signs when attached to the wall of the building; and
(c) Stairways, balconies, door stoops, fire escapes, awnings, and planting boxes or masonry planters not exceeding twenty-four (24) inches in height.
14.29.100 Building Height.
(1) No lot or parcel in the PIC zone shall have a building or structure which exceeds a height of fifty-five (55) feet, except that a building of greater height may be allowed by the provisions of a conditional use permit granted by the Planning Commission in accordance with the provisions of Section 14.02.040, Provo City Code.
(2) The horizontal setback of the building from the nearest residential zone boundary shall be equal to, or in excess of, twice the building’s height. A conditional use permit may not be granted that violates this restriction.
14.29.110 Distance Between Buildings.
The minimum distance between any accessory building and a main building on a lot in the PIC zone shall not be less than ten (10) feet. The minimum distance between all other buildings shall be governed by the latest edition of the International Building Code as adopted by the Provo Municipal Council.
14.29.120 Permissible Lot Coverage.
In the PIC zone, there shall be no requirements except as may be dictated by yard requirements, landscaping requirements, compliance with off-street parking provisions, and project plan approval conditions. Lot coverage, however, shall be in conformance with standards specified in the Guarantees and Covenants required by Section 14.29.160, Provo City Code.
14.29.130 Parking, Loading, and Access.
(1) Except as provided in Section 14.34.350, Provo City Code, each lot or parcel in the PIC zone shall have, on the same lot or parcel, off-street parking built to the standards of Chapter 14.37, Provo City Code. Off-site parking may be permitted as part of the Project Plan Approval provided the off-site parking is within five hundred (500) feet of the building site.
(2) Said parking lot shall be provided with internal and peripheral landscaping in conformance with the landscaping plan approved by the Planning Commission.
14.29.140 Project Plan Approval.
(1) Concurrent with any request to rezone property to the PIC zone, a preliminary project plan as required by Chapter 15.03.300, Provo City Code, shall be submitted to, and approved by, the Provo City Planning Commission.
(2) Approval of a preliminary project plan shall require the following findings by the Planning Commission:
(a) That the proposed development conforms to the purposes and objectives of the PIC zone as set forth in Section 14.29.010, Provo City Code, and with all other provisions of the PIC zone; and
(b) That the proposed development shall create no detriment to adjacent property nor to the general area in which it is to be located; that it will be in substantial harmony with the character of existing development in the area; and that appropriate buffers and screening be provided to assure separation of potentially incompatible uses within and at the periphery of the project. The Planning Commission may impose such conditions on a preliminary project plan as it may deem appropriate to meet the purposes and objectives of this Chapter. The preliminary project plan shall be submitted to the Municipal Council with any necessary request for a zone change.
(3) Prior to the construction of any building or structure in the PIC zone, a project plan shall be submitted and approved. Said project plan shall be drawn to scale and, in addition to the information required in Section 14.02.090, Provo City Code, shall contain the architectural design of proposed signs. Said plans may be submitted in units or phases for any portions of the PIC zone which can independently meet the requirements and standards of the PIC zone (except minimum area of zone) and other applicable zoning standards.
(4) Any failure to submit a project plan within two (2) years of the approval of the preliminary project plan shall terminate all proceedings and render the preliminary project plan null and void.
(5) The Planning Commission shall, in the process of project plan approval, pay particular attention to assuring that the quality of landscaping designated in the landscaping plan is at least equal to that established by the typical landscaping plan approved as an element of the preliminary project plan. Said Commission shall also assure that the appearance, quality, and durability of architectural materials used on the exterior elevations of all buildings will be consistent with the purposes and objectives of the PIC zone, and will be compatible with the general character of other buildings in the same PIC development.
14.29.150 Other Requirements.
The following development standards shall apply to all development and land uses conducted in the PIC zone:
(1) Signs. See Chapter 14.38, Provo City Code.
(2) Landscaping. See Chapter 15.20, Provo City Code.
(3) Uses Conducted Within Buildings.
(a) All uses located in the PIC zone shall be conducted entirely within a fully enclosed building. This requirement shall not apply to those uses that customarily provide outside customer services which do not include repair, fabrication or materials storage, e.g., gasoline service stations and plant nurseries.
(b) Notwithstanding Subsection (3)(a) of this Section, outdoor storage shall be allowed as an accessory use in the Mountain Vista Business Park if such storage is a customary accessory use to the principal use and meets the following requirements:
(i) Outdoor storage is limited to finished manufactured product or materials used in the manufacturing process;
(ii) Outdoor storage shall only be allowed in the rear yard or side yard and shall be subject to building setbacks;
(iii) The entire perimeter of the area used for outdoor storage shall be adequately screened by a landscape buffer which meets the requirements of Sections 15.20.070 and 15.20.110(3), Provo City Code;
(iv) Fencing not less than six (6) feet or more than ten (10) feet in height shall be provided by a solid wall, chain-link fence with site-obscuring slats, or comparable site-obscuring material; and
(v) Outdoor storage and any associated screening shall not encroach into any sight distance triangle.
(c) For purposes of this Section, the Mountain Vista Business Park is defined as the area beginning at the southernmost section of State Street within the City, commencing north along State Street to Ironton Boulevard, thence westerly to include all parcels with frontage along Ironton Boulevard to Tracy Hall Parkway, then southerly along the railroad tracks to the southern limits of the City, then east following the southern boundary of the City returning to the original point of beginning.
(4) Trash Storage. See Section 14.34.080, Provo City Code.
(5) Performance Bonds. Performance Bonds meeting City standards shall be posted with Provo City to guarantee completion of all public street improvements and utilities in common areas within units or phases being submitted for final approval. If occupancy permits are requested before landscaping improvements are installed, a Performance Bond will be required at that time for landscaping.
(6) Pollution Control. All uses in the PIC zone shall be restricted as to amount of air and noise pollution allowed.
(7) Walls and Fences.
(a) No wall, fence, or opaque hedge or screening material higher than thirty-six (36) inches shall be maintained closer than ten (10) feet to the top back of curb of any adjacent street or within five (5) feet of any pedestrian sidewalks.
(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 areas as defined in Section 14.34.100, Provo City Code shall be maintained clear to the extent set forth in that Section.
(8) 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.
14.29.160 Guarantees and Covenants.
(1) Prior to or in conjunction with submission of a final development plan for the first building or first phase of any PIC project, a Declaration of Covenants, Conditions and Restrictions for said development shall be submitted to and be approved by the Provo City Planning Commission and shall be recorded with the County Recorder of Utah County.
(2) Said declaration shall contain guarantees for the perpetual maintenance of all common open spaces within the PIC development, and shall assure compliance with the following standards to provide health, safety, general welfare and property value within the development and in the general area.
(3) The following assurances and standards shall be included within the Declaration of Covenants, Conditions, and Restrictions recorded in conjunction with any PIC project:
(a) The declaration shall include management policies for any common open spaces within the development, setting forth the quality of maintenance to be performed and what entity will be responsible for the perpetual maintenance of said spaces. These management policies, as a minimum, shall contain the following:
(i) The establishment of an association or corporation responsible for all maintenance, which shall levy the cost thereof as an assessment to each of the owners of land parcels or units within the PIC development;
(ii) The establishment of a management committee with provisions setting forth the number of persons constituting the committee, the method of selection, and the powers and duties of said committee; and including the person, partnership, or corporation with property management expertise and experience who shall be designated to manage the maintenance of the common area and facilities in an efficient and quality manner;
(iii) The method of calling a meeting of the members of the corporation or association with the members thereof that will constitute a quorum authorized to transact business;
(iv) The method for maintenance, repair, and replacement of common areas and facilities, and distribution of costs thereof;
(v) The method for maintenance of all private streets and private utilities and acknowledgement that such maintenance is the responsibility of the owners’ corporation or association;
(vi) The manner of collection from property or unit owners for their share of common expenses, and the method of assessment; and
(vii) Provisions as to percentage of votes by property or unit owners which shall be necessary to determine whether to rebuild, repair, restore, or sell property in the event of damage or destruction of all or part of the project;
(b) There shall be a conveyance in the declaration of an open space easement over all common open spaces, restricting the area against any future building or use, except as approved in the preliminary project plan;
(c) The Declaration shall contain provisions requiring owners of individual parcels of land or condominium units within the PIC project to install landscaping to a standard at least equivalent to that established within the typical landscaping plan approved as an element of the preliminary project plan. Said landscaping must be installed within one (1) year of the issuance of Certificates of Occupancy for condominium units or buildings on individual parcels of property;
(d) The Declaration shall provide for the creation and perpetual provision of an architectural committee, the number of members and composition of which shall be clearly stipulated. This provision shall provide for the approval by said architectural committee of all schematic project plans and elevations of all buildings and signs to be erected in the PIC development prior to submission for project plan approval by Provo City;
(e) The Declaration shall stipulate the method and procedure by which the declaration may be amended;
(f) The Declaration shall specify the maximum percentage of lot area which will be occupied by buildings in the areas of each of the general land use categories as set forth in the approved preliminary project plan; and
(g) The Declaration shall state that, “Provo City by virtue of ownership of streets, utilities, rights-of-way and easements in and through the project shall be deemed to be an ’owner’ under the terms of this Declaration and shall have authority and standing to initiate actions for enforcement of the provisions and standards herein which are deemed to be in the public interest.”