Provo City Zoning Code
14.32 RC
Residential Conservation Zone
14.32.010 Purpose and Objectives.
The Residential Conservation (RC) zone is established to encourage conservation of existing housing by limiting the use of a given lot or parcel to the legal use existing on April 2, 2002. Legally existing uses may continue indefinitely and are intended to be treated as conforming uses. Such uses may be replaced as provided in this Chapter. However, if existing residential uses are replaced, new development is to be established at not more than the same density as legally existed on April 2, 2002.
14.32.020 Permitted Uses.
(1) Those uses or categories of uses as listed herein, and no others, are permitted in the RC zone.
(2) All uses listed 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 (4) digit number in which the last one (1) or two (2) digits are zeroes.
(3) All such groupings listed herein, and all specific uses listed within them in the Standard Land Use Code, are allowed in the RC zone subject to the limitations set forth herein.
(4) Permitted Principal Uses. The following principal uses and no others, are permitted in the RC zone:
Use No. | Use Classification |
n/a | Any use which on April 2, 2002 was legally existing and allowed as a permitted, accessory or conditional use in the R1 and R2 zones, as set forth respectively in Sections 14.10.020 and 14.11.020, Provo City Code. |
One-family dwelling - detached (See Section 14.34.310, Provo City Code) | |
Residential Facility for Elderly Persons (subject to the standards of Section 14.34.230, Provo City Code) | |
Residential facility for persons with a disability (subject to the standards of Section 14.34.230, Provo City Code) | |
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 | |
Sewage pipeline right-of-way (identifies areas where surface is devoted exclusively to right-of-way activity) | |
Sewage pumping stations | |
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) | |
Religious activities |
(5) Permitted Accessory Uses. Accessory uses and structures are permitted in the RC 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, greenhouses, gardening sheds, recreation rooms, and similar structures which are customarily used in conjunction with, and incidental to, a principal use or structure;
(b) Swimming pools and incidental bath houses, subject to the standards of Section 14.34.210, Provo City Code;
(c) Vegetable and flower gardens;
(d) Home occupations subject to the regulations of Chapter 14.41, Provo City Code;
(e) Storage of materials used to construct a building, including the contractor’s temporary office, provided that such use is 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;
(f) 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.
(g) Accessory living spaces in conjunction with an owner-occupied one-family dwelling subject to the issuance of a building permit and in accordance with the requirements of Chapter 14.30, Provo City Code.
(6) Conditional Uses. The following uses and structures are permitted in the RC 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 |
Communications | |
Electricity regulating substations | |
4818 | Small generation |
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) | |
Mail and phone order houses (only in historic buildings as defined in this Title) | |
Dry goods and general merchandise (yarn, linen, crafts, fabric, etc.) (only in historic buildings as defined in this Title) | |
Groceries (only in existing commercial structures that comply with the provisions of Section 14.32.140(5), Provo City Code) | |
Candy, nut, and confectionery (only in historic buildings as defined in this Title) | |
Apparel and accessories (only in historic buildings as defined in this Title) | |
Custom tailoring (only in historic buildings as defined in this Title) | |
Eating places (only in existing commercial structures) | |
Miscellaneous retail trade (except 5920, 5930, 5960, and 5980; only in historic buildings as defined in this Title) | |
Antiques (includes furniture, glassware, etc.; only in historic buildings as defined in this Title) | |
Second hand clothing, shoes, furniture and books (does not include 5933, flea markets, or 5936, thrift stores; only in historic buildings as defined in this Title) | |
Bicycles and parts (only in existing commercial structures that comply with the provisions of Section 14.32.140(5), Provo City Code) | |
Photography studio (only in historic buildings as defined in this Title) | |
Beauty and barber shop (only in historic buildings as defined in this Title) | |
Mortuary (only in historic buildings as defined in this Title) | |
Personal services (only in existing commercial structures; does not include 6294, 6295) | |
Personal services (wedding chapels and reception centers; only in historic buildings as defined in this Title) | |
Professional services (except 6513 to 6518, and 6550; only in existing commercial structures) |
14.32.025 North University Avenue Professional Services Office Use.
(1) A building originally constructed as a one-family or two-family dwelling located on lot or parcel which fronts on University Avenue, between 500 and 920 North Streets 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 North University Avenue and 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 described 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 wrought iron 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.
(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 percent (25%) 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 RC 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.
(i) This Section shall not apply to a building constructed after November 11, 2008.
14.32.030 Lot Requirements.
14.32.040 Prior Created Lots.
14.32.050 Lot Area per Dwelling Unit.
On a given lot or parcel, the number of dwelling units (density) shall not be increased beyond the density which legally existed on April 2, 2002, except as provided in this Section.
(1) Legally existing dwelling units may be replaced with an identical or lesser number of units so long as such replacement meets all other applicable requirements of this Title.
(2) Notwithstanding the density limitation of Subsection (1) of this Section, an accessory apartment which meets the requirements of this Title may be created in conjunction with a one-family dwelling even if the date of creation is after April 2, 2002.
14.32.060 Yard Requirements.
The following minimum yard requirements shall apply in the RC zone:
(1) Front Yard. Each lot or parcel in the RC zone shall have a front yard of not less than twenty (20) feet.
(2) Side Yard. Each lot or parcel in the RC zone shall have a side yard of not less than ten (10) feet except that buildings over thirty (30) feet in height shall be set back an additional one (1) foot of side yard setback for every two (2) feet of height above thirty (30) feet. On corner lots or parcels, the side yard contiguous to the street shall not be less than twenty (20) feet in width and shall not be used for vehicle parking except for that portion devoted to a driveway for access to a garage.
(3) Rear Yard. Each lot or parcel shall have a rear yard of not less than twenty (20) feet.
(4) Accessory Buildings Within the Buildable Area. Accessory buildings meeting all setback requirements (within the buildable area) for a main dwelling shall:
(a) Have a building footprint and height less than the main dwelling.
(b) Comply with all lot coverage requirements.
(c) Comply with the latest adopted edition of the International Building code.
(d) Only be used for those accessory uses allowed in the respective zone.
(e) Maintain architecturally similar material and colors with main building.
(5) Accessory Building Outside the Buildable Area. Accessory buildings that do not meet the setback requirements (outside the buildable area) for a main dwelling shall meet the conditions in Subsection (4) above and the following:
(a) Be no closer to the front property line than the main building.
(b) Be no larger than ten percent (10%) of the actual lot area of the property.
(c) Be set back a minimum of three (3) feet from any property line.
(d) Not be located within a recorded public utility easement, unless a release is secured from all public utilities.
(e) Have no portion of the building exceed twelve (12) feet in height within ten (10) feet of a property line.
(g) Comply with distance between buildings requirements in Section 14.32.090(2), Provo City Code.
(6) Exceptions for Garages and Carports. If an accessory use is a “garage - private,” or a “carport” the rules stated above in this Section shall apply, except that in the rear yard of a residential corner lot, a garage or a carport may be located not closer to the property line (next to the side street) than any residence on the adjoining lot, but in no case closer than thirty (30) feet from the property line, whichever limitation is the more restrictive.
14.32.070 Projections into Yards.
(1) The following structures may be erected on or project into any required yard:
(a) Fences and walks in conformance with the Provo City Code.
(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 or rear yard not more than four (4) feet, and into a minimum side yard not more than two (2) feet.
(a) Cornices, eaves, belt courses, sills, buttresses, or other similar architectural features.
(b) Fireplace structures and bays, provided they are not wider than eight (8) feet and are generally parallel to the wall of which they are a part.
(c) Stairways, balconies, door stoops, fire escapes, awnings, and planter boxes or masonry planters.
(d) Porte-cochere over a driveway in a side yard, provided that such a structure is not more than one (1) story in height and twenty-four (24) feet in length, and is entirely open on at least three (3) sides, except for necessary supporting columns and customary architectural features.
14.32.080 Building Height.
No building shall exceed a height of thirty-five (35) feet. Chimneys, towers and flagpoles not used for human occupancy shall be excluded in determining height.
14.32.090 Distance Between Buildings.
(1) The minimum distance between main buildings shall not be less than twenty (20) feet.
(2) The distance between any accessory buildings and a main building shall not be less than six (6) feet.
14.32.100 Permissible Lot Coverage.
(1) All buildings, including accessory buildings and structures, except as otherwise provided in Subsection (2) of this Section, shall not cover more than fifty (50) percent of the lot or parcel upon which they are placed. A parking structure which is located below natural grade shall not be included in this calculation. The area covered by an at-grade parking area, whether paved or not, shall be included in the calculation of lot coverage under this Section.
(2) Lot coverage for a one-family dwelling or any dwelling originally constructed as a one-family dwelling shall be determined by the yard requirements of Section14.32.060, Provo City Code. Permissible lot coverage for accessory buildings outside the buildable area for dwellings within this Subsection (2) shall be subject to the limitations of Subsection (3) of this Section, whether used for parking or for other purposes.
(3) Front and corner side yard paving shall be limited to the amount of paving necessary to provide direct access to an attached garage or carport, or legal interior side or rear yard parking. The street curb cut shall not exceed 35 feet in width.
(4) Only one interior side yard may have paving of up to one hundred (100) percent. The other interior side yard shall have no paving. Remaining areas of the lot or parcel shall be maintained in landscaping, as set forth in Section 15.20.040, Provo City Code, and as otherwise provided in Section 15.20.080, Provo City Code, but may include pedestrian walkways, patios, a swimming pool, or similar features, with the exception of driveways, commonly incorporated into a landscaped yard.
(5) The total area of all paved parking and access in the front yard, including detached parking structures, shall not exceed more than thirty five (35) percent of the total front yard.
(6) The total area of all paved parking and access in the rear yard, including detached parking structures, shall not exceed more than forty (40) percent of the total rear yard.
(7) Areas of hardscape to be used for activities other than parking must be designed to prohibit the parking of vehicles. Any structure or device used to prohibit parking must be integrated with the overall design, be permanent, and immovable.
(8) All parking areas or spaces, covered or uncovered, must comply with the Design Standards as set forth in Section 14.37.100, Provo City Code.
14.32.110 Parking, Loading and Access.
(1) Each lot or parcel in the RC zone shall have automobile parking sufficient to comply with the requirements of Chapter 14.37, Provo City Code, except as otherwise provided in Subsection (3) of this Section. 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.
(2) Parking spaces shall not be provided in a required front yard.
(3)
(a) Driveways serving five (5) or fewer parking spaces shall have a minimum width of twelve (12) feet; provided, that, subject to the provisions of Subsection (3)(b) of this Section, the required width of a legally existing driveway may be reduced for a nonconforming one-family detached dwelling or one-family detached dwelling constructed on a nonconforming lot to:
(i) allow expansion of the dwelling; or
(ii) establish an accessory apartment.
(b) Reduction in the required width of a driveway may be permitted only if:
(i) The required width of the driveway to be retained, replaced, reconstructed, or expanded cannot be reasonably achieved without substantially disrupting a landscaped yard, the location and design of an existing garage or carport, or other feature associated with a dwelling;
(ii) The reduced driveway width is at least equal to the greater of:
(A) The standard in effect when the dwelling was constructed, or
(B) The standard to which the existing driveway is constructed; and
(iii) The subject property:
(A) Is located within the Dixon, Franklin, Joaquin, Maeser, or Timp Neighborhoods as shown on the Official Neighborhood Map referenced in Section 2.29.010(1), Provo City Code; and
(B) Is not located in an RA, R1.20, R1.15, or R1.10 zone.
(c) A property owner who is adversely affected by a decision made pursuant to this Subsection may request a variance or appeal the decision to the Board of Adjustment as provided in Chapter 14.05, Provo City Code.
(d) A reduction in the required width for a new driveway, other than a replacement for an existing driveway as set forth in Subsection (3)(b) of this Section, shall not be permitted unless a variance is approved by the Board of Adjustment as provided in Chapter 14.05, Provo City Code.
(4) Driveways serving six (6) or more spaces shall have a minimum width of twelve (12) feet for one (1) way traffic and sixteen (16) feet for two (2) way traffic.
14.32.120 Project Plan Approval - Design Review.
Prior to the construction of any multiple residential structure in the RC zone, a project plan shall be submitted and approved as provided in Sections 15.03.300 and 15.03.310, Provo City Code. Project plans in the RC zone shall be subject to applicable residential design guidelines set forth in Section 14.34.285, Provo City Code.
14.32.130 Notice of Parking and Occupancy Restrictions.
(1) Prior to issuance of a building permit for any project of two (2) or more dwelling units, a contract shall be entered into between Provo City and the developer agreeing to a determined occupancy based on a given number of parking spaces. The contract shall be recorded by the Utah County Recorder’s office and shall run with the property. A copy of the recorded deed for the property in question shall also be submitted prior to the issuance of a building permit and shall indicate the maximum allowable occupancy as a deed restriction. Attached to the deed shall be a document that separately lists the occupancy according to the Provo City Code, the previously mentioned deed restriction and any other use restrictions pertaining to parking and occupancy such as restrictions of uses as noted in condominium covenants. This document shall be signed, dated and notarized indicating that the owner acknowledges and agrees to all restrictions and regulations stated on the deed and attachments.
(2) Prior to the issuance of a Certificate of Occupancy for new multiple residential dwelling units a permanent notice shall be placed on the electrical box within each unit indicating the maximum allowable occupancy of such unit based on the approved occupancy consistent with the recorded parking and occupancy contract. This notice shall be located on a six inch by six inch (6" X 6") metal or plastic plate that is permanently attached to the electrical box with a minimum of one-half (1/2) inch engraved letters.
(3) Upon submittal of these documents any violation to the restrictions and regulations noted herein shall be considered a misdemeanor offense and shall be subject to criminal action as provided in this Title.
14.32.140 Other Requirements.
(1) Signs. See Chapter 14.38, Provo City Code.
(2) Landscaping. See Chapter 15.20, Provo City Code.
(3) Trash Storage. See Section 14.34.080, Provo City Code.
(4) Fencing Standards. See Section 14.34.500, Provo City Code.
(5) Uses in Existing Commercial Structures. The following standards shall apply to all uses in existing commercial structures in the RC zone:
(a) Maximum Size. Uses in existing commercial structures shall be confined to the current floor area of the existing structure, but for purposes of grocery uses permitted under Section 14.32.020(6), Provo City Code, attached residential structures shall not count toward the current floor area used to determine this limit. If the existing commercial structure is a noncomplying structure it shall be subject to the provisions of Section 14.36.050, Provo City Code.
(b) Hours of Operation. Uses in existing commercial structures shall be open for business no earlier than 7:00 a.m. and no later than 10:00 p.m.
(c) Loading and Deliveries. Loading and delivery of goods is permitted only between the hours of 8:00 a.m. and 9:00 p.m.
(d) Alcohol Sales. Uses in existing commercial structures in the RC zone shall be prohibited from selling alcoholic beverages of any kind.
(e) Performance Standards. Uses in the existing commercial structures shall comply with the general standards of the RC zone; however, the Development Services Director shall be authorized to modify parking and loading, yard, and landscaping requirements. In addition, all exterior trash containers, heating or cooling equipment, refrigerators, and similar equipment shall be visually screened, and located and/or designed to avoid noise, odor, glare, or vibration impacts to neighboring properties.
(f) Design Review. Uses in existing commercial structures shall be compatible with neighboring structures in terms of scale, massing, architectural character, colors and materials, access, exterior lighting and landscaping. Exterior changes shall require design review as outlined in Chapter 14.04A, Provo City Code.