Provo City Zoning Code

14.34 Supplementary

Development Standards

No trucks, motor vehicles, or commercial trailers which exceed the rated capacity of one and one-half (1 1/2) tons shall be stored or parked on any lot or parcel within any residential zone, nor shall any contracting and/or earthmoving equipment be stored or parked on any lot or parcel in a residential zone.

14.34.010 Purpose.

The purpose of this Chapter is to provide for the several miscellaneous land-development standards which are applicable throughout the City regardless of zone. The requirements of this Chapter shall be in addition to the property development standards contained within the provisions of each respective zone. The provisions of this Chapter shall prevail over conflicting provisions of any other Chapters herein.

14.34.020 Establishment of Uses Not Specified.

(1) When use is not specifically contained in the list of permitted uses in any commercial or industrial zone, but is of the same character and intensity as other uses listed, the Planning Commission may allow the establishment of that use, upon request, if said Planning Commission makes the following findings:

(a) That the establishment of the use will be in accordance with the purposes of the district in which that use is proposed;

(b) That the use will be an appropriate addition to the zone because it has the same basic characteristics as the other uses permitted in the district;

(d) That the use shall not adversely effect the character of that district in which it is proposed to be established;

(e) That the use will not create more traffic, odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness, or any other objectionable influence than the amount normally created by any of the uses listed as permitted uses in that district.

(f) That the use will not create any greater hazard of fire or explosion than the hazard normally created by any of the uses listed as permitted uses in that district.

(2) The Planning Commission shall, at the same regular meeting in which they have allowed the establishment of a use in accordance with the above provisions, set a public hearing in accordance with the Section 14.02.010, Provo City Code at which the Planning Commission shall determine whether the use should be recommended to the Municipal Council as an amendment to this Title for addition to the list of permitted uses in the respective zone in which said use has been established.

14.34.030 Clarification of Ambiguity.

If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this Title, or with respect to matters of height, yard requirements, area requirements, or zone boundaries, as set forth herein, and as they may pertain to unforeseen circumstances, including technological changes and processing of materials, it shall be the duty of the Planning Commission to ascertain all pertinent facts and set forth its findings and its interpretations, and thereafter such findings and interpretations shall govern.

14.34.040 Public Utilities - Exception.

The provisions of this Title shall not apply to poles, lines, or other structures or facilities used or usable by any utility company solely for the purpose of distributing electricity or communication services, and shall not be construed to limit or interfere with the installation, maintenance, and operation of public pipe lines, electric or telephone distribution and transmission lines, or railroads when located in accordance with the applicable rules and regulations of local and state agencies; except that all transmission lines, electric substations, storage yards, and public utility buildings shall be subject to project plan approval if required by the provisions of the applicable zone. Low power radio communication towers and antennas shall be subject to applicable standards set forth in Section 14.34.420, Provo City Code.

14.34.050 Public Utilities - Underground.

(1) All structures built in residential (R) zones, except for one-family dwellings where more than fifty-one percent (51%) of the lots in the block are serviced by overhead wires, and all structures built in commercial (C) zones shall, within exterior boundary lines of such property, have all electrical communication, television service cables, and similar distribution service wires and/or cable placed underground. The owner is responsible for complying with the requirements of this Section, and he shall make the necessary arrangements with each of the servicing utilities for installation of such facilities.

(2) Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts, and other facilities necessarily appurtenant to such underground facilities may be placed above ground. Water and sewer distribution facilities shall be installed in conformance with the specifications of the City Engineer.

(3) The Planning Commission may waive the requirements of this Section in a particular case where it is shown, and the Planning Commission so finds that topography, soil, surface water, or other conditions make such underground installation unreasonable or impractical. The provisions of this Section shall not apply to existing utilities, facilities, or to the installation and maintenance of overhead electrical transmission lines and overhead communication long distance trunk and feeder lines.

14.34.060 Boats, Recreational Vehicles, and Trailers.

(1) In any zone, boats, recreational vehicles, or trailers may not be placed, kept, or maintained within the clear vision area of a corner lot as defined in Section 14.34.100, Provo City Code. In any residential (R) zone, a boat, recreational vehicle, or trailer may not be kept within a front or street side yard, unless:

(a) It is parked on the driveway or a paved parking area meeting the requirements of Section 14.37.090, Provo City Code;

(b) Any portion of the boat, recreation vehicle, or trailer over three (3) feet in height is set back a minimum of twelve and one-half (12-1/2) feet from the inside edge of the sidewalk or, if there is no sidewalk, from the property line; and

(2) A boat, recreational vehicle, or trailer may be parked on the rear yard or on a side yard that is not a street side yard.

(3) A recreational vehicle may not be occupied while located on a lot in a residential (R) zone except in compliance with the following requirements:

(a) No more than one (1) recreational vehicle may be occupied at a time on the same lot;

(b) An occupied recreational vehicle must be parked off the street and in compliance with Subsection (1) or (2) of this Section;

(d) The total time in any calendar year that one (1) or more recreational vehicle on the same lot may be occupied may not exceed thirty (30) days; and

(e) Any sewage (black water) waste from any recreational vehicle must be discharged at a dump station. Discharge of sewage other than at a dump station is unlawful.

(4) For the convenience of users of this Section, certain terms are illustrated below. If any conflict arises between an illustration and a definition, the definition shall apply.

Figure 14.34.060. Restricted Parking Locations for Boats, Recreational Vehicles, and Trailers

14.34.070 Location of Mobile Homes.

It shall be unlawful for any person to place, keep, maintain, or permit to be placed, kept, or maintained, a mobile home upon any lot, piece, or parcel of land within the City except in a mobile home park or mobile home subdivision with the following exceptions:

(1) A mobile home may be temporarily placed or stored upon a lot, except in the clear vision area defined in Section 14.34.100, Provo City Code, for a period not to exceed twenty-four (24) hours for loading and unloading purposes, or for temporary storage not to exceed seven (7) days if such facility is owned by a bona fide guest of the occupants of the premises.

(2) A mobile home may be placed upon the rear half of a lot in a one-family or two-family residential zone during the construction of a permanent residence, provided the following conditions are met:

(a) A building permit for construction of the permanent residence has been issued prior to location of the mobile home on the site;

(b) That said mobile home remains on the site only until final inspection is granted on the permanent residence, and in no event for a period exceeding one (1) year.

(3) A mobile home may be used for a temporary construction office on the site of the construction of a building only until said building or buildings are completed and a final inspection is granted, and ten (10) days thereafter.

(4) A mobile home may be located for temporary expansion of a commercial or industrial use legally existing on any site if first approved by the Planning Commission and under the following conditions:

(a) That said mobile home shall be allowed for a maximum period of one (1) year; with a possibility of one (1) renewal by the Planning Commission for a maximum additional period of one (1) year upon request of the property owner.

(b) That said mobile home shall be located in a side or rear yard area only and not in the front yard of a permanent building; and that it shall be made as inconspicuous as possible.

(c) That the location of said mobile home shall meet all yard requirements of this Title and shall be located in conformance with a project plan approved by the Planning Commission.

(5) Bond required - Any mobile home or trailer placed, kept, or maintained and used either for residential or for temporary construction office space pursuant to the provisions of paragraphs (2), (3), or (4) above shall be so used only after a performance bond has been posted to guarantee removal of the mobile home or trailer at the expiration of the time for which the temporary exemption is granted:

(a) The amount of the bond shall be as the Planning Commission shall determine, which amount shall be reasonably calculated to accomplish the purposes of this Section.

(b) Be paid in cash prior to moving the mobile home or trailer onto the premises. If the bond is not timely posted before movement of the mobile home or trailer onto the premises, a bond in double the amount otherwise specified shall be required.

(c) For a single-wide mobile home shall be the sum of two hundred fifty dollars ($250) and for a double-wide mobile home shall be two thousand five hundred dollars ($2,500).

(d) The bond shall require that the trailer be removed on or before the period of time for location of the mobile home on a temporary basis has expired, or if a written extension has been granted by the Planning Commission, on or before the expiration of the extended date.

14.34.080 Trash Storage, Abandoned, Wrecked, or Junked Vehicles; Miscellaneous Materials.

(1) It shall be unlawful to park, store or leave or permit the parking, storing, or leaving of any licensed or unlicensed motor vehicle of any kind or part(s) thereof which is in a wrecked, junked, partially dismantled, inoperative, or abandoned condition, whether attended or not, upon any private property within the City limits of the City of Provo for a period of time in excess of seventy-two (72) hours, except that two (2) or fewer such vehicles or parts thereof may be stored if within a building, or placed behind an opaque screening fence; and except that said vehicles and parts may be within a junk yard or automobile wrecking yard lawfully established pursuant to the provisions of this Title. For the purposes of this Title, any vehicle that is not currently licensed and insured to the minimum levels established by state law shall be considered inoperable.

(2) The accumulation and storage of more than two (2) such vehicles or part(s) thereof, as defined above, on private property except as set forth above shall constitute a nuisance, detrimental to the health, safety, and welfare of the inhabitants of the City of Provo. It shall be the duty of the owner of such vehicle or part(s) thereof or lessee or other person in possession of private property upon which such vehicle or part(s) thereof is located, to remove the same from such property or take other remedial action as directed by the City.

(3) No trash, used materials, junk, household furniture, appliances, scrap material, equipment or parts thereof shall be stored in an open area. The accumulation of more than one (1) such item constitutes a junk yard as defined in Chapter 14.06, Provo City Code, and must be removed from the property, stored within an enclosed building, or be properly located in an M2 zone.

(4) Storage of commercial goods or materials is prohibited unless permitted by the underlying zone. Trash storage containers shall be maintained in a location approved by the Planning Commission in conjunction with approval of a project plan or as required by Section 11.03.090 (Solid Waste Containers), Provo City Code. Trash storage container locations approved in conjunction with a project plan shall meet the following requirements:

(a) Trash storage containers shall be screened with durable materials architecturally compatible with the principal structure or perimeter fence/wall treatment located on the lot served. Such containers shall be screened from any abutting lot or public street.

(b) Trash storage container enclosures shall not project into a required yard unless authorized by conditional use permit issued pursuant to Chapter 14.02, Provo City Code.

(c) Trash storage containers located on a lot used for nonresidential purposes and which abuts a residential zone shall meet the setback requirements of Section 14.34.300, Provo City Code.

(d) The foregoing standards shall be applied according to the following considerations, listed in order of importance:

(i) Ease of access by trash removal vehicles.

(ii) Setback and screening of trash storage containers to minimize any potential odor nuisance, and to obscure the view from any abutting lot or public street.

(iii) Ease of access by users of trash storage containers.

(e) The provisions of this Subsection shall apply to trash storage containers of two (2) cubic yard capacity and larger. These provisions shall not apply to ninety (90) gallon trash storage containers provided by Provo City.

(5) It shall be a class B misdemeanor to maintain or store on any property within Provo City; injurious or noxious weeds, garbage, refuse, or unsightly or deleterious objects or structures when such may constitute either a health hazard, a present danger to the citizens of the city, a potential source of contagious disease, a harborage for rats or other rodents, or other carriers of disease, a fire hazard, or an attractive nuisance likely to cause injury to small children.

14.34.090 Height Limitations - Exceptions.

(1) Where doubt exists as to height of fences, hedges, masonry or retaining walls, etc., provided for in this Title, height shall be measured from the average finished grade of the yard or yards in which fences, hedges, masonry or retaining walls, etc. are located.

(2) The height limitations of this Title shall not apply to church spires, belfries, cupolas, or domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, silos, cornices without windows, antennas, radio towers, or properly screened mechanical appurtenances usually carried above the roof level of a building; except in no case shall it be lawful to construct, build, or establish a building, tree, smokestack, chimney, flagpole, wire, tower, or other structure or appurtenances thereto which may constitute a hazard or obstruction to navigation or landing and take-off of aircraft at a publicly used airport. Regulations established by the Federal Aviation Agency shall be considered to be the minimum acceptable standards for facilities in such an area.

14.34.100 Clear Vision Area - Corner Lots.

In all zones which require a front yard, no structure in excess of three (3) feet in height shall be placed on any corner lot within a triangular area formed by the street property lines and the line connecting them at points twenty-five (25) feet from the intersection of the street lines, with the following exceptions:

(1) Street trees and other landscaping are permitted which are pruned and trimmed so as to not obstruct a clear view by motor vehicle drivers, as determined by the City Engineer.

(2) City wayfinding and traffic control signs.

14.34.110 Minimum Lot Areas to be Preserved.

(1) Except as provided in this Title, every required front, side, and rear yard shall be open and unobstructed from the ground to the sky.

(2) No lot or parcel of land shall be divided or reduced in area or dimensions so as to cause any required yard or open space to be reduced below that existing at the time of the adoption of this chapter.

(3) No required yard or open space provided around any building for the purpose of complying with provisions of this Title shall be used or considered as a yard or open space for any other building.

14.34.120 Side Yard Modification - Combined Lots.

When the common boundary separating two (2) or more contiguous lots is covered by a building or a permitted group of buildings, such lots shall constitute a single building site and the side yard as required by this Title shall not apply to such common boundary line. The side yard requirements of this Title shall apply only to the exterior boundaries of the contiguous lots so joined.

14.34.130 Front Yard Modification - Developed Areas.

In blocks with more than fifty percent (50%) of the buildable lots already developed, the minimum front yard requirement for new construction may be equal to the average of the front yards existing on said developed lots; provided, however, this regulation shall not be interpreted to require a front yard more restrictive than the underlying zone as measured along said block face, fronting on one (1) side of the street.

14.34.140 Flag Lots.

In order to encourage the efficient use of land and to increase the housing stock in Provo, flag lots are permitted subject to the following requirements:

(1) The flag lot is located in an A1, RA, or R1 zone.

(2) The applicant provides written and illustratory evidence showing property development with and without the proposed flag lot which demonstrates:

(a) the flag lot will result in more efficient use of land;

(b) the design of the flag lot is appropriate to and compatible with the configuration of the overall subdivision and adjacent property;

(c) no other viable subdivision design alternatives exist that will allow for a conventional lot, including consideration of:

(i) the current, proposed, or alternative zoning;

(ii) the possibility of incorporating the subject property with adjacent property to achieve a more unified development of the area and eliminate the need for a flag lot;

(iii) alternative street designs and improvements; and

(iv) any other reasonable means that would render a flag lot unnecessary;

(d) the flag lot is infill to the development of the general area; and

(e) access to the flag lot is provided through the pole portion of the lot, which portion of the lot is not located in a primary conservation area as defined in Section 15.03.010, Provo City Code.

(3) Flag lots must meet the following minimum design standards:

(a) the flag lot must have at least eighteen (18) feet of frontage on a dedicated public street which frontage serves as access to the subject lot;

(i) a single flag lot may have fifteen (15) feet of frontage if an adjacent five (5) foot perpetual private utility easement is on the adjacent lot;

(ii) when two (2) flag lots are adjacent, the frontage requirement for both lots combined, can be twenty-five (25) feet;

(b) the flag pole portion of the lot may not be more than one hundred and forty-nine (149) feet long unless:

(i) there is at least twenty (20) feet of frontage on a public street;

(ii) there is a turnaround for fire apparatus;

(c) a home may not be located more than two hundred (200) feet from the street unless it is equipped with a fire suppression system;

(d) the flag portion or body of the lot meets the lot area, width, and depth requirements of the applicable zone;

(e) the minimum square footage of the flag portion or body of the lot is the same as required in the applicable zone;

(f) front, rear, and side yard setback requirements of the flag portion or body of the lot is the same as required in the applicable zone;

(g) no accessory building is located on the flag pole portion of the lot except aesthetic entry features such as archways, decorative mail boxes, raised landscape beds or similar structures; and

(h) a hard surfaced driveway at least twelve (12) feet wide must extend from the street to the required parking area(s). This driveway may be shared between two (2) flag lots. Unpaved areas of the flag pole portion of a flag lot must be landscaped.

(4) Staff, prior to approving a flag lot as part of a preliminary or final subdivision plat, finds that the applicant has provided sufficient evidence allowing for the creation of the flag lot and that such lot meets the minimum design standards set forth in this Section.

(5) In addition to the above minimum requirements, staff may, as part of a preliminary or final subdivision plat approval, impose additional conditions on flag lots including, but not limited to, the following:

(a) fencing and screening requirements;

(b) location and height of the dwelling;

(d) additional off-street parking and/or backup space designed in accordance with standards set forth in Chapter 14.37, Provo City Code.

(6) Required improvements and applicable conditions of approval for a flag lot must be bonded for pursuant to Section 15.03.280, Provo City Code, when a building permit is issued for construction on the lot.

14.34.150 Minimum Lot Area to be Preserved.

(1) No portion of a minimum lot area prescribed in this Title shall be used or considered as part of another lot or parcel of land for purposes of establishing or determining applicable property development standards.

(2) No lot or parcel of land shall be reduced in size by conveyance or otherwise so that the area thereon is less than the prescribed minimum.

14.34.160 Minimum Lot Area - Portion for Public Use.

If a portion of a lot or parcel of land which meets the minimum lot area requirements of a respective zone is acquired for public use in any manner, including dedication, condemnation, or purchase, and such acquisition reduces the area below such minimum requirements, the remainder of such lot or parcel shall nevertheless be considered as having the required minimum lot area if all of the following conditions are met:

(1) Such lot or parcel contains a rectangular space of at least thirty (30) by forty (40) feet exclusive of applicable front and side yard requirements, and exclusive of one-half (1/2) of the applicable rear yard requirements, and such rectangular space is usable for a principal use or structure.

(2) The remainder of such lot or parcel of land has an area of at least one-half (1/2) of the required lot area of the zone in which the lot or parcel is located except that in zones requiring a lot area of fifteen thousand (15,000) square feet or more, a lot area of not less than six thousand (6,000) square feet shall be required.

(3) The remainder of such lot or parcel of land has access to a public street with a width of not less than twenty (20) feet.

14.34.170 Lot Area Reduction - Public Use.

A reduction in the minimum required area for a lot or parcel of land which is owned by the City, County, State, or other public entity or public utility may be granted a variance issued by the Board of Adjustment provided such lot or parcel is used exclusively for public purposes and provided that no living quarters are located upon such lot or parcel.

14.34.180 Double Frontage Lots - Two (2) Front Yards.

A double frontage or through lot shall have a front yard as required by the respective zone on each street on which it abuts.

14.34.190 Storage of Commercial Vehicles - Residential Zone.

14.34.200 Effect of Street Plan.

Whenever front or side yard is required for buildings abutting on a proposed street which has not been dedicated or constructed, but which has been designated by the Planning Commission as a future street on the official map, the depth of such front or side yards shall be measured from the nearest line of the planned street.

14.34.210 Swimming Pools.

Swimming pools, as defined by the International Swimming Pool and Spa Code, shall be set back at least five (5) feet from all property lines and shall be provided with access gates and a fence, barrier, or a safety cover according to the provisions of the International Swimming Pool and Spa Code.

14.34.220 Caretaker Dwellings as an Accessory Use.

In zones that specifically allow caretaker dwellings as permitted accessory use, such dwellings may be established only if such dwellings:

(1) are accessory to a functioning principal use, with not more than one caretaker dwelling per lot or principal use;

(2) are located on the same property as the principal use;

(3) are occupied by only one (1) family;

(4) contain only one (1) kitchen;

(5) have no associated accessory living space;

(6) are accessory in size to the main use and do not to exceed one thousand two hundred (1200) square feet of floor area;

(7) are designed as a part of and in harmony with the architecture of the main building(s) on the subject property;

(8) are not a manufactured dwelling unit; and

(9) are occupied or rented only by an employee or subcontractor of the legal entity which owns the principal use being cared for (with or without family members). The caretaker shall be employed at least fifty percent (50%) of the time as an employee or subcontractor of the legal entity which occupies main buildings on the subject property. Any person occupying a caretaker dwelling shall submit evidence of compliance with this Section upon request of the City.

14.34.230 Residential Facilities.

(1) Residential Facilities for Persons with a Disability. Upon application for a permit to establish a residential facility for persons with a disability in any zone in which such facility is a permitted use, a facility that conforms to the conditions listed below shall be granted a permit.

(a) The facility shall conform to all building, safety, and health requirements of the Provo City Code applicable to similar structures.

(b) The facility shall meet the requirements of the zone in which it is located.

(d) The facility shall be occupied only to the same extent that a dwelling unit may be occupied in the zone where the facility is located.

(e) The facility’s design and landscaping shall be consistent with the structure’s residential character.

(f) Any new structure shall be constructed of a size, scale, and design that is in harmony with other residential uses in the vicinity.

(g) It is the intent of Provo City to regulate a residential facility for persons with a disability only to the extent allowed by:

(i) Title 57, Chapter 21, Utah Fair Housing Act, and applicable jurisprudence;

(ii) The Fair Housing Amendments Act of 1988, 42 U.S.C. Section 3601 et seq. and applicable jurisprudence; and

(iii) Section 504, Rehabilitation Act of 1973, and applicable jurisprudence.

(h) In accordance with the Fair Housing Amendments Act of 1988, 42 U.S.C. Section 3601 et seq., none of the foregoing conditions shall be interpreted to limit any reasonable accommodation necessary to allow occupancy of a residential facility for persons with a disability.

(2) Any permit issued pursuant to Subsection (1) of this Section shall be nontransferable and shall terminate if:

(a) the structure is devoted to a use other than a residential facility for persons with a disability; or

(b) the structure fails to comply with any conditions enumerated in Subsection (1) of this Section.

(3) Residential Facility for Elderly Persons. Upon application for a permit to establish a residential facility for elderly persons in any zone in which such facility is a permitted or conditional use, a facility that conforms to the conditions listed below (and the conditional use criteria of Section 14.02.040, Provo City Code, if applicable) shall be granted a permit. Such permit shall be nontransferable and shall terminate if the structure is devoted to a use other than a residential facility for elderly persons, or the structure fails to comply with the conditions listed below:

(a) that all building, safety, zoning and health ordinances applicable to similar dwellings be met;

(b) that no residential facility for elderly persons be established within one thousand (1,000) feet of another existing residential facility for elderly persons;

(c) that the operator of the facility provide adequate off-street parking spaces as required for one-family residential uses by Chapter 14.37, Provo City Code;

(d) that the facility be capable of use as a residential facility for elderly persons without structural or landscaping alterations that would change the structure’s residential character;

(e) that no person being treated for alcoholism or drug abuse be placed in a residential facility for elderly persons; and

(f) that placement in a residential facility for elderly persons be on a voluntary basis and not a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility.

14.34.240 Automobile Repair.

(1) Any automobile repair use which is subject to the conditional use process shall comply with the following:

(a) All repair, painting, and body work activities, including storage of tools, vehicle parts, and supplies shall take place within an enclosed structure.

(b) No more than twenty five percent (25%) of the lot used by the proposed business may be used for storage of vehicles, and all such vehicles shall be stored on the rear portion of the lot and be screened with a masonry wall at least six (6) feet in height.

(d) Additional landscaping shall be provided in the front yard.

(e) If any existing building must be converted to accommodate the proposed use, the exterior shall be upgraded to improve its appearance, which shall be compatible with and superior to the surrounding structures.

(f) The standards described in Section 14.02.040, Provo City Code.

(2) Any automobile repair use which is located in a zone in which automobile repair is a conditional use shall comply with this Section as a part of any proposed expansion. This provision shall apply to automobile repair uses established before or after the date automobile repair was made subject to the conditional use process in the applicable zone. The conditional use permit shall be obtained as part of the project plan approval process.

14.34.250 Standards for Conditional Uses.

A conditional use permit is required for the following conditional uses when permitted in the zone and shall only be approved in compliance with Section 14.02.040, Provo City Code. The uses shall comply with the requirements of this Section and shall also comply with any additional conditions resulting from a Planning Commission hearing.

(a) The lot shall have at least thirty-five (35) feet of frontage on a dedicated street: except that twenty (20) feet is acceptable on panhandle lots.

(b) One (1) off-street parking space shall be provided per employee plus one (1) space per guest room. On-street curbside parking may be used to satisfy this requirement at the rate of two (2) spaces per sixty (60) feet of lot frontage.

(c) Meals may be served to residents, employees, overnight lodgers, and guests of overnight lodgers only. No cooking facilities shall be allowed in guest rooms.

(d) Such use shall conform to all applicable health, safety, and building codes and must be capable of such use without structural or site alteration which changes the residential character of the structure and yards.

(e) No alcoholic beverages shall be sold on the premises.

(f) No receptions, banquets, or catering shall be permitted other than for registered lodgers.

(g) Any commercial use shall be incidental to the Bed and Breakfast use, i.e., gift shop, etc. and shall be limited to five percent (5%) of the total square foot area of the main floor of the building.

(h) The dwelling must be at least fifty (50) years old or receive Planning Commission approval on a finding that because of its existing or proposed prominent spatial location, contrasts of siting, or scale, it is or would be an easily identifiable visual feature of its neighborhood or the City, and contributes to the distinctive quality or identity of its neighborhood or the City.

(i) One (1) identification sign not exceeding the area requirements for the respective zone in which the inn is located may be placed on an ornamental masonry wall or monument. The freestanding sign shall not be higher than five (5) feet unless the sign is located adjacent to an arterial road, in which case the height of the sign shall not exceed ten (10) feet. If illuminated, only hooded spot lighting is allowed, thus prohibiting back-lighted signs. Nothing in this Section shall be construed to prohibit a sixteen (16) square foot sign in the A and RA zones.

(j) No long-term rental of rooms shall be permitted. The maximum stay for lodgers shall be seven (7) days.

(k) A city business license shall be obtained as a condition of approval.

(l) Supervision by an on-site manager or owner shall be required on a twenty-four (24) hour per day basis.

(m) Care shall be taken to insure that no exterior lighting shines directly into adjoining properties.

(a) No liquor store or private club may be established within two hundred (200) feet of the nearest residential zone boundary line, measured in a straight line from the nearest entrance of the liquor outlet.

(b) Liquor stores and private clubs shall locate on either collector or arterial streets as defined in the Provo City General Plan.

(c) Off-street parking shall be provided at the rate of one (1) space per one hundred (100) square feet of total floor space in the building for liquor stores.

(d) A permit to maintain a liquor store as a conditional use must be approved directly by the Planning Commission and may not be finally approved by a staff member as otherwise provided in Section 14.04.050(3), Provo City Code.

(a) In the construction of this Section the terms “public dance” and “dance hall” shall have the meanings set forth in Chapter 6.15, Provo City Code.

(b) A public dance shall be allowed in any nonresidential zone subject to the requirements of Chapter 6.15, Provo City Code; and provided, that not more than one (1) public dance may be held at the same location in each of the following time periods: June-August, September-November, December-February, and March-May.

(c) Dance Halls (including motion picture theaters, ice skating, roller skating and skate boarding) are subject to the following standards:

(i) Compliance with the requirements of Chapter 6.15, Provo City Code.

(ii) One (1) off-street parking space shall be provided for each four (4) occupants, based on the maximum occupancy load for the use, or as otherwise determined by the Planning Commission. The parking shall be in compliance with Section 14.37.080, Provo City Code, and if located off premises, shall comply with Section 14.34.320, Provo City Code, as a conditional use.

(iii) The parking lot shall be lighted sufficiently to provide safety to customers and clients. The amount of lighting shall be determined by the Provo City Energy Department.

(iv) In determining conveniently located parking, the Planning Commission shall consider:

(A) The visibility of the parking area from the building; and

(B) The lighting, existing physical development, and types of uses between the parking lot and the facility.

(v) Buildings to be used for such uses shall have frontage on an arterial or collector road, or have access to said road within three hundred (300) feet from the main entrance of the building.

(vi) No dance hall use shall be located closer than four hundred (400) feet to any public elementary or secondary school, or any one-family or two-family residence, measured in a straight line between the closest property lines of lots on which the respective uses are located, except as provided otherwise in Subsection (3)(c)(vii) of this Section.

(vii) A dance hall located within the area described in Subsection (3)(c)(vii)(A) shall not be located closer than two hundred (200) feet from any one- or two-family dwelling, measured in a straight line between the closest property lines of lots on which the respective uses are located, except as provided in Subsection (3)(c)(vii)(B) of this Section.

(A) This Subsection (3)(c)(vii) applies to the area bounded by 100 East, 200 South, 300 West, and 200 North.

(B) Subsection (3)(c)(vii) of this Section shall not apply to any one-family attached dwelling (condominium) unit located in a commercial building where:

(I) A dance hall is located; and

(II) Where an owners association exists to manage issues between all owners of property located within that building.

(C) Designated off-street parking may be located nearer than two hundred (200) feet to a one- or two-family dwelling in the area described in Subsection (3)(c)(vii)(A) of this Section; provided, that:

(I) One (1) full time security person is on duty at the parking lot for each one hundred (100) automobiles parked;

(II) Parking lots will be closed and vacated within thirty (30) minutes of closing of the dance hall by dance hall security personnel; and

(III) The dance hall operator is responsible for control of noise, conduct and litter in the designated parking areas from one (1) hour before opening until one (1) hour after closing of dance hall operations.

(viii) No musical instruments, stereophonic equipment, sound amplifier or similar device shall be operated in such a manner as to create a noise or vibration disturbance across a real property boundary. If such a device is plainly audible on property of another or within a building other than that within which the device is located, and if a complaint is made to the Police Department and verified by the Department that a noise disturbance exists, this shall serve as prima facie evidence of a violation of this requirement.

(a) No car wash shall be permitted on a parcel of land less than twenty thousand (20,000) square feet in size.

(b) Stacking lanes accommodating at least two (2) cars shall be provided on site per wash bay and stacking lanes for at least two (2) cars per vacuum bay shall be provided at full-service attendant washes.

(c) Automatic drive-through wash bays shall be located as far from adjoining residences as possible, taking into account the overall design, layout, and predominant traffic patterns of the area.

(d) Noise from vacuums, blowers, compressors, wash equipment, etc., shall not exceed day and night-time levels as set forth in Chapter 9.06, Provo City Code.

(e) All vacuum canisters shall be constructed of heavy gauge steel, be equipped with vacuum motor mufflers and plastic domes to reduce noise levels.

(f) Area lighting of parking lots shall not be permitted when adjoining a residential property. No lighting shall be permitted to shine directly into any adjoining residential property. Lighting shall be permitted at the vacuum bays, in wash stalls, in the signage, and at vending machine windows. All building lighting shall be in the ceilings and eaves, and shall be screened by the cornices of the building so as not to shine directly into adjoining properties.

(g) A minimum six (6) foot high decorative brick or block wall shall be constructed along the full length of any property line adjoining a residential dwelling, except that it shall be no higher than thirty-six (36) inches in the front yard setback. Such walls shall be capped, and block walls must be stuccoed or painted on both sides.

(h) The Planning Commission shall see to it that the buildings are architecturally compatible with adjoining residential properties. Compatibility will be determined by use of predominant building materials, colors, roof shapes, and roof materials.

(i) Street frontages shall be landscaped, except for driveways, in a manner consistent with the requirements of the zone and the streetscape of adjoining properties.

(j) When located next to a residential zone, all but one (1) automatic and one (1) self-service bay shall be closed between the hours of 11:00 p.m. and 7:00 a.m. providing that the open operating bays have all pumping equipment inside the room and/or conform to the night-time noise levels as set forth in Chapter 9.06, Provo City Code.

(a) Off-street parking shall be provided at the Professional Office rate of four (4) spaces per thousand (1,000) square feet of office area. If City standard parking lanes exist or are committed to be provided within the public right-of-way, on-street parking may substitute for all or part of the required off-street parking.

(b) Signage shall be provided before occupancy to adequately identify the station. Signage shall comply with the provisions of Chapter 14.38, Provo City Code.

(a) Outdoor storage shall be screened by a six (6) foot fence or other screening material;

(b) No hazardous materials shall be stored on site; and

(a) Family Group Day Care (defined in Section 14.06.020, Provo City Code).

(i) The provider is limited to twelve (12) children. The provider must reside in the residence where services are provided.

(b) Child Day Care Centers (defined in Section 14.06.020, Provo City Code).

(i) All Centers must comply with the International Building Code prior to occupancy and must receive a license from the State of Utah within sixty (60) days after approval by the City;

(ii) A site plan shall be submitted identifying parking, vehicle circulation and drop off/pick up locations. The Development Services Director or designee shall ensure that the site plan meets these requirements; and

(iii) Outdoor playground area shall have a six (6) foot fence around the perimeter.

(c) All Centers must comply with the International Building Code prior to occupancy and shall receive a license from the State of Utah within sixty (60) days after approval by the City.

(a) Outdoor lighting shall not extend onto an adjacent residential property, and

(b) They shall be subject to the standards of Section 9.06.030, Provo City Code.

(a) Experimental or scientific research activities are prohibited;

(b) No on-site disposal or burial of dead animals is permitted;

(c) Each facility shall be located completely within an air-conditioned and soundproofed building; except for outdoor, on-leash (accompanied by an attendant) walking areas for not more than two (2) animals at a time;

(d) Animal noise shall not be audible at the nearest property line;

(e) Overnight boarding shall be limited to animals receiving treatment on the premises;

(f) Services shall be limited to small animals only;

(g) No services shall be permitted for poisonous or dangerous animals; and

(h) Cremation services shall be:

(i) Provided only as an accessory use;

(ii) Limited to animals treated at a veterinary clinic or animal hospital where the cremation services are provided; and

(iii) Contingent upon obtaining a permit from the Utah State Division of Air Quality.

(a) Outdoor lighting shall be shielded to prevent spillage onto an adjacent residential property;

(b) Outdoor dumpsters shall be placed twenty (20) feet from any residential property and shall be screened;

(d) The drive-through microphone shall not be louder than seventy-eight (78) decibels; and

(e) Screening shall be provided to block vehicular headlights in the drive-through when adjacent to a residential property.

(a) This Section addresses planning issues resulting from the rapid growth in demand for low-power radio services within the City. It distinguishes low-power radio from other broadcasting type telecommunication technologies and establishes provisions relating to demand, visual mitigation, noise, engineering, residential impact, health, safety and facility siting. The requirements of this Section apply both to commercial and private low power radio services such as cellular or PCS (Personal Communication System) communications and paging systems (hereinafter referred to as “cellular facilities”). All cellular facilities shall comply with the regulations set forth in this Section, other applicable ordinances of the City, and any pertinent regulations of the Federal Communications Commission and the Federal Aviation Administration.

(b) Cellular facilities consisting solely of wall-mounted or roof-mounted antennas shall be allowed with a building permit as a permitted principal use in the A, AI, A1, PO, PF, SC1, SC2, SC3, CG, DT1, DT2, GW, FC1, FC2, ITOD, CM, CA, MP, M1, M2, PIC, OSPR, R&BP and SSC zones subject to the conditions set forth in Subsections (11)(c), (11)(d), (11)(e) and (11)(g)(i) of this Section. Cellular facilities placed on a monopole structure shall be allowed as a conditional use in the same zones subject to the provisions of this Section.

(c) Wall-Mounted Antennas. A wall-mounted antenna is an antenna or series of individual antennas mounted against the vertical wall of a building. A wall-mounted antenna shall comply with the following development standards:

(i) Wall-mounted antennas shall not extend above the roof line of the building more than four (4) feet.

(ii) Antennas and all associated equipment shall be painted to match the color of the building.

(iii) Wall-mounted antennas may have a maximum area of forty (40) square feet, as determined by drawing straight lines between the outermost portions of the antenna until enclosed.

(iv) All equipment associated with the operation of the antenna shall be located within the structure to which the antenna is attached, or screened from public view.

(v) If associated equipment is located on the ground, it shall be appropriately landscaped.

(vi) Whip antennas shall not be permitted.

(d) Roof-Mounted Antennas. A roof-mounted antenna is an antenna or series of individual antennas mounted on a flat roof, mechanical room, or penthouse of a building. A roof-mounted antenna shall comply with the following development standards:

(i) A roof-mounted antenna shall be mounted only on structures with flat roofs and shall be screened, constructed, and/or colored to match the structure to which it is attached.

(ii) A roof-mounted antenna shall be set back from the building edge one (1) foot for every one (1) foot of antenna height and shall not exceed fifteen (15) feet in height.

(e) Stealth Fixture Antennas. A stealth fixture antenna is one (1) or more antennas attached to a supporting structure which is disguised as part of the structure or otherwise concealed from public view as much as reasonably possible.

(i) A stealth antenna shall be subject to the following development standards:

(A) A stealth fixture antenna may be attached to an existing or replacement power pole or light pole or disguised as a flag pole, manmade tree, clock tower, steeple or a structure used primarily for another use so long as any antenna located on the structure does not detract visually from the primary use.

(B) When a stealth fixture antenna is attached to an existing or replacement power pole or light pole the following conditions shall be met:

(I) The antenna shall not exceed the height of an existing pole by more than:

1. Ten (10) feet; or

2. Twenty (20) feet if, and only if, the antenna is not located closer to a residential zone boundary than two (2) times the height of the pole;

(II) If a replacement pole is proposed, the pole shall be installed in the same location as the pole being replaced unless the Planning Commission specifically approves a different location as provided in a conditional use permit; and

(III) Any existing light or power pole located in a public right-of-way or in a required front or side yard shall not be increased in height to accommodate a cellular facility antenna; or

(IV) Any replacement pole located in a public right-of-way or in a required front or side yard shall not be higher than the pole that it is replacing.

(C) Each installation shall be approved by the Provo City Power Department (or other utility company, as applicable), including approval and acceptance of any applicable agreements and payment of any required fees. Such approvals shall be received prior to final approval of a conditional use permit.

(D) A structure to which a stealth fixture antenna is attached shall be designed by a state-certified engineer to verify that the structure can support the stealth fixture antenna.

(E) The overall height of any structure proposed to be used for a stealth fixture antenna shall be consistent with any similar structure being used as a model for the stealth structure. Except as otherwise provided in Subsection (11)(e)(i)(B)(I)(2) of this Section, a stealth fixture shall be no more than ten (10) feet higher than the structure to which it is attached; provided the fixture and the structure to which it is attached are consistent with the character of similar structures located in the same area, as determined by the Planning Commission. The Planning Commission shall make specific findings to support its determination.

(F) A stealth fixture antenna, including the mounting structure, shall not exceed thirty (30) inches in diameter; provided, however, that antennas exceeding thirty (30) inches, including the mounting structure, may be permitted if the antenna is a stealth fixture antenna located on or within a clock tower, steeple, manmade tree, or other similar structure.

(G) Equipment and/or equipment shelters used in connection with stealth fixture antennas shall be camouflaged behind an effective year-round landscape buffer and/or wooden fence equal to the height of the proposed equipment. Equipment shelters shall not be located within a utility easement.

(H) Stealth fixture antennas and all associated equipment visible to public view shall be painted to match the color of the structure to which it is attached.

(I) Electrical wiring shall be located within the pole whenever possible and shall be required when a metal replacement pole is provided.

(ii) If a stealth fixture antenna becomes obsolete or the structure to which it is attached is vacated by the operator of the cellular facility, then within ninety (90) days thereafter the cellular facility operator shall remove the antenna and all associated equipment and shall restore the structure to its original condition. If the requirements of this Subsection (11)(e)(ii) are not met, the City shall have the right to enter the subject property and remove the equipment or pole at the expense of the cellular facility operator.

(iii) A building permit application for a stealth fixture antenna shall include the following:

(A) A letter from the applicant stating that the applicant will conform to the requirements of Subsection (11)(e)(ii) of this Section; and

(B) Verification that the applicant owns the property where the stealth fixture antenna is proposed to be located or a copy of a lease agreement with the property owner indicating the antenna may be located on the property.

(iv) If all the conditions set forth in this Subsection (11)(e) cannot be met, the requirements of Subsection (11)(f) of this Section shall apply.

(f) Monopole Structures. A monopole structure is a single cylindrical steel or wooden pole that acts as the support structure for one (1) or more antennas for a cellular facility as provided in this Subsection.

(i) A monopole structure shall comply with the following development standards:

(A) All tower structures shall be of monopole construction. No lattice constructed towers of any kind shall be allowed.

(B) All monopole structures shall be designed by a state-certified engineer to allow co-location of antennas owned by as many as three (3) separate users on a single pole.

(I) Closer to a residential zone boundary than two (2) times the height of the monopole; and

(II) Within a one-half (1/2) mile radius from another monopole unless grid documentation is supplied by an independent consultant stating that antenna co-location is not technically feasible.

(III) The Planning Commission may approve a location closer to a residential zone boundary than allowed in Subsection (11)(f)(i)(C)(I) of this Section if the location is at least one and one-quarter (1 1/4) times the height of the monopole from any residential boundary and one (1) or more of the following conditions are met:

1. The alternate location will reduce visual impacts on the adjacent residential property;

2. The height of the monopole is more consistent with buildings or structures in the alternate location; or

3. The alternate location provides easier or more convenient access for maintenance due to property slopes or other natural barriers.

(D) A monopole with antennas and antenna support structures shall not be located in a required front setback, front landscaped area, buffer area, or required parking area.

(ii) If a monopole antenna becomes obsolete, then within ninety (90) days thereafter the operator of the cellular facility shall remove the antenna, the top three (3) feet of the antenna footing and all associated equipment, and shall restore the site to its original condition. If the requirements of this Subsection (11)(f)(ii) are not met, the City shall have the right to enter the subject property and remove the equipment or pole at the expense of the cellular facility operator.

(iii) An application for a monopole structure shall include the following:

(A) A letter from the applicant stating that the applicant will permit antenna co-location, will conform to the requirements of Subsection (11)(f)(ii) of this Section, and that the monopole structure is capable of supporting co-located antennas; and

(B) Verification that the applicant owns the property where the monopole structure is proposed to be located, or a copy of a lease agreement with the property owner indicating the antenna may be located on the property.

(iv) Notwithstanding Subsection (11)(b) of this Section, co-location on an existing monopole structure that meets the requirements of this Subsection (11)(f) shall be a permitted use and shall be handled with a building permit.

(v) The exact location of the monopole on the site must be approved by the Planning Commission. If at any point during deliberation of the Planning Commission or following the decision of the Planning Commission there is a need to alter the location of the monopole, a new site plan and elevation drawings showing the proposed location must be brought back to the Planning Commission for review and approval. Prior to a rehearing by the Planning Commission, neighboring property owners within five hundred (500) feet will be given notice of the Planning Commission meeting.

(g) Temporary Monopole Structures. A temporary monopole structure may be allowed for a maximum of sixty (60) days subject to the following requirements:

(i) A temporary monopole structure shall be located in a zone that allows for the placement of a monopole structure as a conditional use.

(ii) An application shall be filed with the Development Services Department for the placement of a permanent monopole structure prior to placement of a temporary monopole structure.

(iii) The placement of a temporary monopole structure shall meet the height requirement set forth in Subsection (11)(f)(i) of this Section.

(iv) A bond in the amount of five hundred dollars ($500.00) shall be posted to guarantee removal of a temporary monopole structure when:

(A) A permanent monopole structure is constructed; or

(B) Sixty (60) days have elapsed and a temporary monopole structure has not been removed. One (1) fifteen (15) day extension may be granted to the sixty (60) day period if an applicant can reasonably demonstrate a need for additional time to complete construction of the monopole structure.

(i) Each cellular facility shall be considered as a separate use; and an annual business license shall be required for each such facility.

(ii) In addition to the conditional use standards set forth in Section 14.02.040, Provo City Code, the Planning Commission shall make the following findings for any cellular facility subject to a conditional use permit:

(A) That the proposed structure is compatible with the height and mass of existing buildings and utility structures;

(B) That co-location of the antenna or other existing structures in the same vicinity such as other towers, buildings, water towers, utility poles, etc., is possible without significantly impacting antenna transmission or reception;

(D) That location approval of monopoles will not create a detrimental impact to adjoining properties; and

(E) That location of cellular facility will not interfere with existing transmission signals.

(a) Parking requirements must follow the provision enumerated in Section 14.37.060, Provo City Code, relating to schools.

(b) The applicant must submit a detailed parking and circulation plan prepared by an engineer, architect, planner, or other similar professional. The conditional use may only be approved if the plan empirically concludes to the satisfaction of Planning Commission, or its designee, that the existing or proposed facility will not negatively affect area traffic, surrounding land uses, or properties. The parking and circulation plan shall include:

(i) A designated drop-off and pick-up zone sufficient for the student population; and

(ii) Sufficient queuing space on the property to prevent vehicle back-ups on city streets during drop-off and pick-up times.

(d) No exterior lighting may shine directly into adjoining properties.

14.34.260 Liquor Stores as a Conditional Use.

(Am 1987-59, Rep 2020-53)

14.34.270 Day Care Services.

(1) Family Day Care services (defined in Section 14.06.020, Provo City Code) require a Home Occupation Permit. The provider is limited to six (6) children. The provider must reside in the residence where services are provided. The provider must receive a license from the State of Utah within sixty (60) days after approval by the City.

(2) For Family Group Day Care and Child Day Care Centers as defined in Section 14.06.020, Provo City Code, see Day Care Services in Section 14.34.250, Provo City Code.

(3) All Centers must comply with the International Building Code prior to occupancy and must receive a license from the State of Utah within sixty (60) days after approval by the City.

14.34.280 Design Review.

(1) Purpose and Intent. The Municipal Council and Planning Commission have determined that various aspects of architectural design have a significant impact on the character and value of Provo neighborhoods and business districts; that preserving and enhancing this character requires harmonious and compatible architectural design of buildings within a particular neighborhood or district; and that preserving and enhancing the City’s visual character furthers its economic and cultural wellbeing. The intent of these standards is to identify a range of design options which will encourage development compatible with the existing character of a district and which will discourage introduction of incompatible features. In carrying out the purposes of this Section, the following general principles shall be applicable:

(a) Review of architectural character shall not be so restrictive that individual initiative is stifled in the design of any particular building or site, or that substantial additional expense is unreasonably required. Rather, the intent of this Section is that the review exercised shall be only the amount necessary to achieve the overall purposes stated herein.

(b) Good architectural and landscape architectural character is based upon the suitability of a building or site for its purposes; upon the appropriate use of sound materials and good relationship with other aesthetically-designed structures within the city; and upon principles of harmony, proportion, and design in the elements of the building or site.

(c) Good architectural and landscape character and site planning design are not, in themselves, more expensive than poor architectural character and poor site planning design, and are not dependent upon the particular styles of architecture.

(d) Review of sign graphics shall be based upon suitability of sign colors, placement, design to overall building design and adjacent sign themes.

(2) Scope. The design criteria contained in Subsection (3) below address general design relationships and site planning principles and shall apply to all three (3) unit or greater multi-family structures, projects with groupings of more than one two-family structure, and all nonresidential structures requiring project plan approval. The design criteria contained in Subsections (4) and (5) below shall only apply to design corridors designated in Section 14.34.290. Such design criteria shall apply in combination with the design criteria set forth in Subsection (3).

(a) The scope and intensity of design review shall be governed by the type of construction activity, as follows:

(i) For construction of new buildings and parts of buildings, the focus shall be on the compatibility of new construction with the existing character of the district without dictating style or taste.

(ii) For reconstruction, remodeling, or repair of existing structures, the focus shall be on guiding and encouraging rehabilitation consistent with the original character of the structure.

(iii) For relocation of buildings to sites within a district, the focus shall be on seeking to insure that moved buildings are compatible with surrounding buildings and are suitably situated on the lot.

(iv) For demolition or removal of all or parts of existing buildings, the focus shall be on finding feasible alternatives to demolition, or compatible replacement.

(v) For sign permits, the focus shall be on seeking to insure that each sign is designed as an integral architectural element of the building and site to which it relates, and is compatible with the overall character of the district.

(b) The Planning Commission and Design Review Committee shall make findings in each instance where the design review criteria set forth in this Section are applied.

(a) To preserve the design character of existing development, to protect the visual pattern of the community, and to promote harmony in the visual relationships and transitions between new and older buildings, new buildings should be in harmony with principles of design which include balance, rhythm, emphasis, scale, proportion and harmony (unity and variety). In addition, buildings should make appropriate use of design elements which include texture, pattern, line, form, space, color and mass.

(b) The use of unusual shapes, color, and other characteristics that cause new buildings to call excessive attention to themselves and create disharmony shall be avoided or reserved for structures of broad public significance.

(c) The height and bulk of new buildings shall be related to the prevailing scale of development to avoid overwhelming or dominating existing development.

(d) Building additions should be designed to reflect existing buildings in scale, materials, and color. Facade renovations should include as few different materials as possible.

(e) The architectural style of new or redeveloped structures shall be compatible with the predominant architectural themes of the district. Contemporary design for new buildings in old neighborhoods and additions to existing buildings or landscaping should not be discouraged if such design is compatible with the size, scale, color, material, and character of the neighborhood, building, or its environment.

(f) Adjacent buildings of different architectural styles shall be made compatible by such means as materials, rhythm, color, repetition of certain plant varieties, screens, sight breaks, etc.

(g) The construction of additions to existing buildings should be generally discouraged in yards adjoining public streets and should instead be confined to side and rear yards which are generally out of public view.

(h) To preserve the continuity prevailing along each block face, the orientation of the building’s principal facade shall complement that of the majority of buildings in the same block face.

(i) The open expanse of front lawns and the quantities of planting within them of new or redeveloped structures shall be comparable to that of existing structures.

(j) Projects shall be designed in context with their surroundings. This means that enough visual linkages between existing buildings and the proposed project shall be provided so as to create a cohesive overall effect. In addition to those noted above, visual linkages shall include window proportions, entryway placements, decorative elements, style, materials, and silhouettes.

(k) Where quality is mixed - good buildings mixed with more mundane construction - a selective approach may be warranted. In such cases, positive identifiable patterns should be reinforced wherever possible and negative design qualities, however much they may characterize an area, should be avoided.

(l) Doors, shrubs, fences, gates, and other physical design elements should be used to discourage access to an area by all but its intended users.

(m) Surveillance should be encouraged by placing windows in locations that allow intended users to see or be seen while ensuring that intruders will be observed as well. Surveillance shall be enhanced by providing adequate lighting and landscaping that allow for unobstructed views.

(n) Territoriality should be augmented by the use of sidewalks, landscaping, porches, and other elements that establish the boundaries between public, semi-private, and private areas.

(o) Projects should be designed with a human scale foremost.

(a) Rehabilitation work should not destroy the distinguishing qualities or character of the property and its environment. The removal or alteration of architectural features should be held to the minimum, consistent with the proposed use.

(b) Distinctive stylistic features or examples of skilled craftsmanship which characterize older structures and often predate the mass production of building materials, should be treated with sensitivity.

(c) Wherever possible, new additions or alterations to buildings should be done in such a manner that if they were to be removed in the future, the essential form and integrity of the original building would be unimpaired.

(a) Signs should complement the architectural style and scale of the building and should be designed as an integral architectural element of the building and site to which it principally relates. As an architectural element, the sign should reflect the period of architecture and be in harmony with building character and use. It shall not interfere with architectural lines and details. Each sign shall be compatible with signs on adjoining premises and shall not compete for attention. The number of graphic elements on a sign shall be held to the minimum needed to convey the sign’s major message and shall be in proportion to the area of the sign face.

14.34.285 Single-Family Residential Design Standards and Guidelines.

(1) Purpose and Intent. This Section establishes two (2) kinds of residential design criteria: design standards and design guidelines. They are intended to improve the quality and compatibility of new development in established residential neighborhoods.

(a) Design standards are required in addition to other requirements set forth in this Title and are indicated by the verb “shall”.

(b) Design guidelines indicate additional actions that may be taken to enhance development design and achieve greater compatibility with adjacent land uses. Guidelines thus use the verb “should” or may (rather than “shall”) signifying that the guidelines are desirable objectives but are not required to be achieved.

(c) These standards and guidelines deal with streetscape design, open space design, building location and orientation, driveway and parking design, landscape design, building mass and scale, building forms, building materials, and compatible additions. They are intended to provide design guidance for project applicants, staff, the Design Review Committee and the general public.

(2) Applicability. The design standards and guidelines set forth in this Section shall apply to all new residential buildings and uses located in the area shown on the Residential Design Standards and Guidelines Applicability Map, except where the requirements of this Section are expressly superceded by another provision of this Title. In approving a project plan, the approving authority may impose reasonable conditions consistent with the purpose and intent of the purpose of this Section. The requirements of this Section shall apply in addition to other applicable requirements of this Title. This Section shall not be interpreted to supercede other requirements of the Provo City Code which may impose more restrictive requirements than this Section.

(a) Sidewalks shall be separated from curbs by a turf landscaped planting strip.

(i) Existing detached sidewalks and planting strips shall be retained and preserved.

(ii) New sidewalks shall be detached from the curb, similar to existing, with planter strips planted with compatible street trees.

(b) Vegetation in planting strips shall be protected and maintained.

(i) Replacing planted material with hard or impervious surfaces shall be prohibited.

(ii) Established vegetation shall be protected during construction to avoid damage.

(iii) Turf should be a low water use type.

(i) Existing street trees shall be preserved whenever possible.

(ii) Damaged or diseased trees shall be replaced with a species similar in character and growth habit to the predominant existing tree species consistent with the City forester’s list.

(iii) Street tree installation or replacements shall be required with new development.

(iv) New street trees should have a minimum caliper size of two (2) inches in diameter.

(a) Front yards should be similar in character to neighboring properties.

(i) There shall be a logical hard surface pedestrian connection between the street and the front entry.

(ii) The front yard shall be predominantly landscaped with a combination of turf and plants. Hard surfaces for driveways, parking or patios shall be minimized.

(iii) Multi-family housing shall be oriented to the street with an entryway creating the appearance of traditional one-family housing facing the street.

(iv) Parking shall not be allowed in the front yard setback other than in the driveway.

(b) Fences or hedges may be used to define the yard.

(i) A fence within the front yard should be short and transparent with a maximum height of forty-eight (48) inches except for corner lots where the height limit at the corner shall not exceed thirty-six (36) inches for visibility purposes.

(ii) Masonry and solid fences shall reflect the architectural character of the project.

(iii) Chain link fences shall be prohibited in front yards.

(iv) Contemporary interpretations of traditional fences should be compatible with those found in the neighborhood.

(v) Landscaping along the fence edge should soften and define the property line.

(i) New structures shall be sited consistent with the existing front setbacks of adjoining properties to maintain neighborhood compatibility.

(ii) Building side and rear yard setbacks beyond zoning minimums may be provided to maintain an adequate sense of privacy for adjoining properties.

(a) The primary entry of the building shall be oriented to the street.

(i) All structures shall have one primary entry that faces the street.

(ii) Additional entrances may be located to the side or rear.

(iii) Multi-unit structures shall be street-oriented with the entry facing the street.

(b) The primary entrance shall be clearly defined by use of a raised porch or other similar entry feature.

(i) The front porch or entry feature shall be oriented to the street.

(ii) The minimum dimensions of the porch should be compatible with the scale of the building facade.

(iii) The porch floor height should be consistent with adjoining property.

(i) The development of large multi-family complexes on the interior of a block with little development out to the street should be discouraged.

(ii) Interior lots should comprise not more than twenty five percent (25%) of a project’s area.

(a) The pattern of a single driveway per property should minimize the impact of paving and on-site circulation.

(i) New development shall provide no more than the minimum amount of driveway access required in order to preserve a residential feel.

(ii) Driveway placement should be toward the side property line to avoid dividing a building by a single central driveway to subterranean parking.

(iii) Alley access for properties should be encouraged to reduce the impact of parking and traffic circulation on the front property line.

(iv) Parking and interior access should be designed to minimize the number of curb cuts.

(v) Driveways serving five (5) or less parking spaces shall have a minimum width of twelve (12) feet. Driveways serving six (6) or more spaces shall have a minimum width of twelve (12) feet for one-way traffic and sixteen (16) feet for two-way traffic.

(b) Required parking shall not be placed in the required front yard and should be minimized in the required rear yard.

(i) New development shall not have any required parking in front of any front face of a residential building.

(ii) Rear surface parking areas should be buffered from neighboring properties by appropriate plant materials.

(iii) Building and driveway lighting should not extend beyond the boundaries of the subject property.

(iv) Entrances to underground parking should occur from driveways along the sides of properties not from a front facing underground garage entry.

(a) The design and siting of impervious surfaces should consider existing trees and other significant vegetation.

(i) Property owners shall comply with the tree protection ordinance prohibiting damage or removal of trees in the public right-of-way.

(ii) The design of underground parking structures shall avoid the removal of significant canopy trees within five (5) feet of side and rear property lines.

(b) New landscaping with the public and semi-public view areas of the property should be consistent with existing neighborhood vegetation or approved by the City’s urban forester.

(i) The species, size and placement of new front yard landscaping should be considered in the design review process.

(ii) New planting designs should consider xeriscape principles and seek to minimize landscape water use.

(iii) Subterranean parking structures shall be designed in a way that allows planting and growth of mature trees in the front yard.

(i) The perimeter landscaping of new multi-family housing should soften views of such housing from adjoining property.

(ii) Front yard landscaping for multi-story buildings should be selected and placed to balance and soften the architecture of the building from the street.

(a) Building front elevations shall be similar in scale to those seen traditionally on the block where the building is located.

(i) New multi-family structures should not overwhelm the visual character created by adjoining or nearby one-family homes.

(ii) Each segment of the front facade of new buildings should be within ten percent (10%) of the average width of existing residential structures in the neighborhood. If the building facade has a greater width the facade should be articulated into different planes to reduce the apparent mass of the building.

(b) The perceived scale of a building should be minimized.

(i) The front wall of a building should generally not exceed two (2) stories in height.

(ii) Wall heights of one (1) to one and a half (1 1/2) stories should be provided along the street.

(iii) A one (1) story porch or similar element, which defines the front door and entrance to the building shall be provided.

(c) Doors, windows and balconies of new housing should be located to the extent feasible to respect the privacy of adjoining neighboring properties.

(i) Where possible, windows, doors and balconies should not be located on elevations that are directly adjacent to a neighboring property.

(ii) Where windows overlook an adjoining property means to preserve privacy should be utilized, such as locating windows above the typical eye level, use of an opaque or glazed glass or appropriately placed landscaping.

(a) Building forms should be similar to those traditionally seen in the neighborhood.

(i) Simple rectangular building forms may be appropriate if found in the neighborhood.

(ii) Foundations should be raised. Finished first floor height should be within the range typically found in the neighborhood.

(iii) Exotic building and roof forms, which detract from visual continuity shall be prohibited.

(b) Roof forms should be similar to those traditionally seen in the residential neighborhood.

(i) Sloping roofs such as gable and hipped should be used as the primary roof form.

(ii) Shed roofs may be appropriate for some additions.

(i) Historic window and door forms should be used to create harmony with historic neighborhood forms.

(a) Brick, stucco and painted wood shall be used as primary building materials.

(i) Painted wood lap siding and other forms of wood siding should be used predominately.

(ii) Stucco may be considered when it is detailed with wood trim around windows and doors. A shadow line around windows should be created by recessing windows.

(iii) A range of secondary and trim materials may be used as long as they are not dominant.

(b) Roof materials should appear similar in scale and texture to those traditionally found in the neighborhood.

(i) Wood, slate, tiles and high-quality composition shingles and shakes should be used for roofing materials.

(a) Existing buildings should be adapted to new uses.

(b) An addition should not strongly alter the perceived character of an original building.

(i) Windows, materials and doors should be compatible with those of the original building.

(ii) Roof forms shall be compatible with the primary structure.

14.34.287 Residential and Mixed-Use Design Standards.

(1) Purpose and Intent. This Section establishes design standards that are intended to improve the quality and compatibility of new residential development and mixed-use development. These standards address yard design, building location and orientation, driveway and parking design, landscaping design, building form, mass and scale, building materials and compatible additions. They are intended to provide design standards for project applicants, staff, the Design Review Committee and the general public.

(a) Design standards that are mandatory are indicated by the verb “shall.” Design standards shall be required unless it can be demonstrated by the applicant that there is no practical means by which the standard can be achieved and an acceptable alternative is approved. Economic considerations alone do not constitute “no practical means” for altering a requirement.

(2) Applicability. The design standards set forth in this Section shall apply to all new buildings and uses located in the Very Low Density Residential (VLDR), Low Density Residential (LDR), Medium Density Residential (MDR), High Density Residential (HDR), Campus Residential (CR), Neighborhood Mixed-Use (NMU), and Mixed-Use (MU) zones.

(a) In approving a project plan, the approving authority may impose reasonable conditions consistent with the purpose and intent of this Section. The requirements for this Section shall apply in addition to other applicable requirements of this Title. This Section shall be interpreted to supersede other requirements of the Provo City Code which may impose more restrictive requirements.

(b) All of the requirements of this Section shall apply, unless the Planning Commission approves an alternative design arrangement equal to or better than the requirements set forth in this Section. The Planning Commission shall make specific findings justifying the alternate design arrangement.

(i) There shall be a logical hard surface pedestrian connection between the street and the front entry.

(ii) The front yard shall be predominantly landscaped with a combination of turf and plants. Hard surfaces for driveways and parking shall be minimized and shall not exceed ordinance requirements.

(iii) Utility boxes shall not be located in the front or street side yards or park strips unless the applicant demonstrates that there is no other practical location for utility boxes on the site.

(iv) Front yards shall provide transitions between the public way and private space on residential frontages. This requirement may be met with the following strategies:

(A) Use of foundation plantings to provide separation between residential units and the sidewalk.

(B) Use of porches, stoops and railings to provide intermediate semi-private spaces.

(C) Employment of elevation changes to delineate the progression from public space through exterior semi-private space into interior private space.

(i) Fences shall complement the architectural character of the project.

(ii) Chain link fences shall be prohibited in front yards.

(iii) Fencing shall conform to Section 14.34.500, Provo City Code.

(i) New structures shall be sited consistently with the existing front setbacks of adjoining properties to maintain neighborhood compatibility, with the exception of projects that are zoned HDR or CR, and MU where the zone permits lesser setbacks than the existing housing stock.

(A) A building’s front elevation is the elevation whereon the primary or common entrance is located.

(B) Buildings shall front on a street, open space, or pedestrian way.

(D) In any development consisting of six (6) or more townhomes, each townhome shall front a street, open space or pedestrian way.

(iii) The majority of new buildings in multifamily developments shall be sited along the block face rather than the interior of the block.

(d) Buildings, including parking structures, shall be designed and located in a manner that allows planting and growth of mature trees in the front and side yards.

(A) Ground floor commercial space shall be designed for retail or other active uses, orienting tenant spaces to the street and maximizing storefronts and entries along the sidewalks to sustain street level interest and promote pedestrian traffic.

(B) Wall openings, such as storefronts, windows and doors, shall comprise at least sixty percent (60%) of a building’s street level facade measured as a percentage of facade area between the ground plane and the finished floor elevation of the second floor.

(A) Excepting townhomes, a minimum habitable first floor depth of thirty (30) feet as measured from the street facing facade is required, except for building complexes under ten (10) units in the Campus Residential (CR) zone.

(B) Residential units with individual entries shall include windows on the ground floor that look out onto the street, with wall openings comprising at least thirty percent (30%) of the street level facade, measured as a percentage of facade area between the ground plane and the finished floor elevation of the second floor.

(C) Clear glass for wall openings, i.e., doors and windows, shall be used along all street level facades for maximum transparency. Tinted, mirrored or opaque glazing is not permitted for any required wall opening along street level facades.

(D) Articulation and detailing of the ground floor with pedestrian entrances, quality materials and decorative details shall be used to promote pedestrian-scaled architecture along the street.

(E) Electrical service, mechanical, or other equipment, enclosed stairs, storage spaces, blank walls, and other elements that are not pedestrian-oriented shall not be located along the ground floor street wall unless required by applicable code and no workable alternative location exists.

(i) Pedestrian building entrances shall:

(A) Meet the spatial requirements set forth in Table 14.34.287-1 Pedestrian Building Entrance (PBE) Requirements;

(B) Contain a door providing direct pedestrian access into a building;

(D) Be directly accessible from and directly adjacent to the sidewalk; and

(E) Prevent doors from swinging into the public right-of-way or beyond the front facade line of the building when opened.

(ii) Fire exit doors, doors to fire riser rooms or other mechanical spaces, and doors to exterior courtyards shall not qualify as pedestrian building entrances.

(c) The primary entrance of a multifamily structure shall be clearly defined by use of a raised porch or other similar entry feature.

(i) The front porch or entry feature shall be oriented to the street.

(ii) The minimum size of the front porch or entry feature shall be functional rather than merely decorative.

(iii) The porch floor height shall not exceed thirty (30) inches above the elevation of the top of the street curb.

(d) Doors, windows and balconies of new housing should be located to respect the privacy of neighboring properties.

Frontage Type	Commercial	Residential
PBE’s Required for Each Street Facing Facade	1 per 30 feet (1 min.)	1 per street fronting ground floor unit
Maximum Spacing	40 feet	38 feet

(a) New developments shall provide the minimum amount of driveway access and width required by code as a means of preserving front yard space.

(i) Driveway placement shall be toward the side property line to avoid dividing a building by a single, central driveway to subterranean parking, except for building complexes under ten (10) units in the Campus Residential (CR) zone.

(ii) Driveways shall be consolidated where adjacent parcels or developments can be served by a single driveway. Cross access easements shall guarantee rights of access across the shared driveway for both parcels.

(iii) Alley access for properties shall be encouraged to reduce the impact of parking and traffic circulation on the front of the property.

(iv) Parking and interior access shall be designed to minimize the number of curb cuts.

(b) Parking shall not be placed in the front yard and should be minimized in the side yard, with the exception of one- and two-family dwellings when the driveway leads to a garage or carport as defined in Chapter 14.37, Provo City Code.

(i) Parking shall not be allowed between a primary building and a public street.

(ii) Surface parking areas in rear yards shall be screened from neighboring properties with appropriate plant materials and/or fencing.

(iii) Entrances to structured parking shall be provided from driveways along the sides of properties, not from a front-facing garage entry.

(iv) Parking shall be screened from any adjacent public way, street, open space, or pedestrian way.

Except for the minimum ground-level frontage required for access to parking and loading, no parking or loading shall be visible on the ground floor of any building facade that faces a public right-of-way.

(a) Property owners shall comply with Section 15.20.030, Provo City Code, for the protection of existing vegetation.

(b) New landscaping shall be complementary to existing neighborhood vegetation.

(i) The species, size and placement of new landscaping shall be considered in the design review process.

(d) Buildings and driveway lighting should not extend beyond the boundaries of the subject property, as per Chapter 15.21, Provo City Code.

(a) Building form, mass and scale should be appropriate for the zone in which the building is located and consistent with the established neighborhood character.

(i) Architectural elements such as roof form, windows, doors, etc., should be consistent with the form and character of the existing housing in the area.

(ii) A porch or similar element, which defines the front entrance, shall be provided.

(iii) An attached garage shall not be the dominant design feature of the front elevation.

(iv) Sloping roofs such as gable or hip design should be used as the primary roof form.

(v) Historic buildings are subject to Title 16, Provo City Code.

(b) Building additions shall not strongly alter the character of an original building.

(i) Windows, materials and doors should be compatible with those of the original building.

(ii) Roof forms shall be compatible with the existing structure.

(a) The facade of any multiple-family, apartment, or mixed use structure shall:

(i) Be articulated in the horizontal plane to provide visual interest and enrich the pedestrian experience, while contributing to the quality and definition of the street wall;

(ii) Be vertically articulated to differentiate the ground floor facade, and feature high quality materials that add human scale, texture and variety at the pedestrian level;

(iii) Provide an identifiable break between the building’s ground floors and upper floors. This break may be accomplished by a change in material, a horizontal dividing element, a change in fenestration pattern, or similar means;

(iv) Be vertically articulated at the street wall facade, establishing different treatment for the building’s base, middle and top. Balconies, fenestration, shading devices, or other elements shall be used to create an interesting pattern of projections and recesses;

(v) Avoid extensive blank walls that detract from the experience and appearance of an active streetscape; and

(vi) Provide well marked entrances to cue access and use. All public entrances to a building or use shall be enhanced through compatible architectural or graphic treatment.

(b) Exterior stairways, corridors, or landings shall not be located on the front or street side elevation of the building.

(c) Structures located in the CR zone that are greater than six (6) stories in height shall step back fifteen (15) feet from the first floor elevation for all stories above the fourth floor on all elevations that front a public street unless the applicant can demonstrate that there is sufficient variation and articulation in the building planes to give visual interest and appeal.

(d) Building additions shall not strongly alter the character of the original building.

(i) Windows, materials and doors shall be compatible with those of the original building.

(ii) Roof forms shall be compatible with the existing structure.

(a) Intent. The intent of the facade materials standards of this Section is to:

(i) Provide minimum material standards to ensure use of well tested, high quality, durable surfaces, while permitting a wider range of materials for details; and

(ii) Encourage a high level of detail from smaller scaled, less monolithic materials in order to relate facades to pedestrians, especially at the ground level.

(b) Major Materials. A minimum of eighty percent (80%) of each facade, not including window and door areas, shall be composed of major materials, as specified in this Section.

(i) Allowed Major Materials. The following are allowed major materials:

(A) Stone;

(B) Brick;

(D) Architectural metal panel systems;

(E) Fiber cement board;

(F) Glass curtain wall;

(G) Terra cotta decorative units, tiles or panels; and

(H) Architectural cast stone, including glass fiber reinforced concrete.

(ii) Prohibited Major Materials. The following materials are prohibited as major materials, unless otherwise approved under the standards of this Section:

(A) Face-sealed EIFS synthetic stucco assemblies and decorative architectural elements;

(B) Synthetic stucco or elastomeric finishes on stucco;

(D) Glass block;

(E) Vinyl or aluminum siding;

(F) Plastic panels, including high-density polyethylene, polyvinyl chloride (PVC), and polycarbonate; and

(G) Fiberglass and acrylic panels.

(iii) Limited Use Major Materials. The following materials are prohibited as a major material, except as specifically allowed in this Subsection (9)(b)(iii):

(A) Economy Bricks. Brick types larger than three (3) inches in height are allowed as major materials on rear, alley, and rail corridor facades. In such instances, corner bricks shall be used to give the appearance of a full brick facade.

(c) Minor Materials. Allowed minor materials are limited to trim, details, and other accent areas that combined form twenty percent (20%) or less of the total surface of each facade.

(i) Major Materials. All allowed major materials may serve as minor materials.

(ii) Allowed Minor Materials. The following are allowed minor materials:

(A) Metal for beams, lintels, trim, exposed structure, and other ornamentation;

(B) Split-faced, burnished, glazed, or honed concrete masonry units or block cast stone concrete elements;

(D) Cement-based stucco;

(E) Face-sealed EIFS synthetic stucco assemblies and decorative architectural elements; and

(F) Synthetic stucco.

(d) Other Materials with Approval. Materials that are not listed in this Section for its proposed application as allowed major materials, limited use materials, or allowed minor materials may not be installed on any facade unless approved by the reviewing authority pursuant to this Subsection. The reviewing authority may approve facade materials that are not listed in this Section if the applicant demonstrates that the alternate material meets the intent of the facade material standards described in Subsection (9)(a) of this Section. Samples and examples of successful high quality local installation shall be provided by the applicant.

14.34.290 Design Corridors.

There are hereby created design corridors as set forth in this Section. The purpose of this Section is to establish design criteria which shall apply to development located within a particular design corridor as set forth below and in combination with the requirements of Section 14.34.280, Provo City Code. In the case of conflict between required criteria contained herein and otherwise applicable zoning standards, the most restrictive shall apply. The Planning Commission may approve a project plan with modifications to the standards of this Section if the property owner seeking to develop presents substantial evidence demonstrating that the strict application of applicable standards will result in an unreasonable economic hardship. Shallow lot depth, irregular shape of parcel, unusual topography, or other factors not listed may justify such actions by the Commission.

(a) Creation - Purpose. A design corridor is established on North University Avenue from 500 North to 960 North and shall be known as the North University Avenue Design Corridor. The purpose of the North University Avenue Design Corridor is to preserve and enhance the character and value of North University Avenue; to protect important views, vistas, and significant architectural and historic resources; to lessen street congestion and to improve the overall quality of the built environment; all with a view toward conserving the neighborhood, maintaining property values, improving the image of the City, and generally promoting the health, safety, and general welfare. All new construction or rehabilitation in the North University Avenue Design Corridor shall comply with the requirements of this Subsection.

(i) The architectural style of new or redeveloped structures shall be compatible with the predominant architectural themes of traditional structures in the design corridor. These are: Bungalow (Craftsman and Prairie detail), English Tudor, and Victorian. Contemporary design shall not be discouraged if it is compatible with the size, scale, color, material, and character of the corridor.

(ii) The owner of each property shall maintain existing Norway Maple trees in the park strip, and a fifty-fifty (50/50) mix of evergreen and deciduous trees on-site.

(iii) To preserve the continuity prevailing along each block face, the principal facade of each building should be oriented parallel to the street. If the facade is to be perpendicular to the street, then the street elevation should maintain a front appearance through continuity of building lines, window patterns, materials, etc.

(iv) The rhythm of spacing buildings should follow the ratio of 2.2:1 (for every 2.2 lineal feet of building frontage there is 1 lineal foot of separation between buildings on adjoining properties). This rhythm, experienced as an ordered recurrent alteration of building masses, can also be maintained on long, horizontal buildings by dividing the building facade into bays that are punctuated by indentations or spaces between them. Appropriate use of landscaping between the bays is necessary to maintain the feeling of an open space void. In such cases, each bay shall be considered a separate building frontage for purposes of calculating the ratio set forth in this subsection.

(v) Front setbacks shall be at least twenty-five (25) feet (except average where fifty percent (50%) frontage is developed but not less than twenty (20) feet) and shall be landscaped and maintained. Front setbacks shall increase one (1) foot for each one (1) foot of building height over thirty-five (35) feet.

(vi) The ratio of building height to side yard setback shall not exceed four to one (4:1). On corner lots the ratio of building height to side yard contiguous to the street shall not exceed two to one (2:1).

(vii) Hard surface ratio (buildings, parking areas, and driveway access lanes) shall not exceed sixty percent (60%) of the total lot area.

(viii) Open space ratio (landscaping and approved hardscape areas) shall be at least forty percent (40%) of the total lot area.

(ix) Average building heights range from one and a half (1 1/2) stories on the west side of University Avenue to two (2) stories on the east side. The number of stories for new or redeveloped structures should be within a half-story of this range. Maximum building height shall not exceed forty (40) feet.

(i) The predominant building material in the corridor is brick, followed by plaster or stucco. A very few cases involve a combination of brick and stucco or brick and siding. New and redeveloped structures should use brick as the principal material or brick and stucco combination, complementing surrounding buildings in color and texture.

(ii) Roof forms shall be compatible with those found in the corridor. The predominant forms are gable, pyramid, and hip. Roof slopes shall not exceed forty-five (45) degrees, and in most cases should not exceed thirty (30) degrees.

(iii) Brick colors shall be earth tones - reds (reddish brown), plum or dark gray, oranges (burnt orange or rust), brown, yellowish brown or tan. Accent or complementary colors, harmonizing with the main color, may be used for trim.

(iv) Masonry joints and mortar shall be compatible with surrounding buildings.

(i) One (1) sign or nameplate not exceeding twelve (12) square feet placed upon a building or ornamental masonry wall shall be permitted to identify the name and/or address of an apartment structure, or nonresidential use. Wall or monument signs shall be set back at least five (5) feet from front property line.

(ii) No back-lit signs shall be permitted; only hooded spot lighting to illuminate a sign face shall be permitted.

(iii) Sign colors shall complement the colors of the principal structure. Use of contrast is permitted to promote legibility.

(i) Parking for professional offices shall be provided at the rate of one (1) space per two hundred-fifty (250) square feet of gross floor space.

(a) Creation - Purpose. A design corridor is established on North University Avenue from 2230 North to mouth of Provo Canyon and shall be known as the North University Avenue Riverbottoms Design Corridor. The purpose of the North University Avenue Riverbottoms Design Corridor is to preserve and enhance the character and value of the University Avenue; to preserve the “open urban forest landscaped feel” of a boulevard along University Avenue; to protect some of the wild, natural, beauty of the area by imposing a design process that requires identification of key natural features, encourages preservation or improvement of the urban forest, provides wooded pathways, provides a small urban park atmosphere, and incorporates these features into project plan designs; to protect important views, vistas, and significant natural amenities; to lessen street congestion; and to improve the overall quality of the built environment; all with a view toward conserving the neighborhood, maintaining property values, improving the image of the City, and generally promoting the public’s health, safety, morals and general welfare. The design criteria contained in this Subsection shall apply to all property with frontage on University Avenue or the Provo River bikeway that parallels North University Avenue. Properties that have been subdivided but are included within a development with frontage on North University Avenue or the Provo River Bikeway shall also be included. All new construction in the University Avenue Riverbottoms Design Corridor shall comply with the requirements of this subsection.

(b) Screening and Landscaping Standards. Landscape elements included in these criteria consist of all forms of planting and vegetation, ground forms, rock groupings, water patterns, and all visible construction except buildings and utilitarian structures.

(i) Landscaped Buffer Yards. Landscaped buffer yards shall be developed and maintained along University Avenue in order to:

(A) preserve natural features such as stands of native trees, water features, wetlands, and an open country appearance;

(B) minimize highway noise to adjacent property owners and businesses; and

(ii) Residential Buffer Yard. Residential developments (subdivisions, PD’s, and multi-family project plans) adjoining University Avenue shall be buffered from the highway by the following landscape and screening features: A minimum twenty (20) foot wide yard landscaped with turf, trees, and shrubs, and a six (6) foot high decorative wall behind the landscaped buffer yard. A minimum of one (1) canopy tree, two and one-half (2 1/2) inch caliper minimum, shall be required for each thirty (30) feet of street frontage in combination with one (1) under story tree, one (1) inch caliper, or one (1) evergreen conifer, six (6) foot minimum height at maturity, and five (5) shrubs, five (5) gallon minimum, per three hundred (300) square feet of buffer yard. Space between the roadway and property or street right-of-way line shall also be landscaped, with permission from the Utah Department of Transportation. Isolated one-family dwellings, as reasonably determined by the Development Services Director or the Director’s designee, shall be exempt from the requirements for a screening wall and landscaping the public right-of-way.

(iii) Nonresidential Buffer Yard. Nonresidential properties adjoining University Avenue shall be buffered from the highway by the following landscape and screening features:

(A) A minimum twenty-foot (20) wide yard (measured from property line) landscaped with turf, trees, and shrubs as required in Subsection (b) above. Space between the roadway and property or street right-of-way line shall also be landscaped, with permission from the Utah Department of Transportation.

(B) A landscaped berm or decorative wall, not to exceed thirty (30) inches in height, shall also be installed along the University Avenue frontage.

(iv) Preservation of Topographic Patterns. Where natural or existing topographic patterns contribute beauty and utility to a development, they shall be preserved and developed. Modification to topography may be permitted where it contributes to good appearance.

(v) Landscape to Enhance Architectural Features. Landscape treatment shall be provided to enhance architectural features, strengthen vistas and important axes, and provide shade. Landscaping should be in scale with proposed building structures.

(vi) Indigenous Plants. Plants that are indigenous to the area and others that will be hardy, drought resistant, and harmonious to the design shall be used. Species of trees and shrubs shall be selected from the list of acceptable plant materials maintained by the City Forester.

(vii) Plant Protection. In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards, or other devices.

(viii) Buffers and Berms. All “vehicular use areas” (parking lots, loading areas, service drives) shall be screened with a vegetative buffer, masonry wall, or earthen berm of between thirty (30) inches to seventy-two (72) inches in height. Screening shall be equally effective in winter and summer.

(A) All vehicle use areas over five thousand (5,000) square feet shall have interior landscaping of five percent (5%).

(B) Each landscaped island to be at least one hundred (100) square feet, with one tree and three (3) shrubs planted for each one hundred (100) square feet of required landscaping.

(C) Linear planting strips and yards in excess of one hundred (100) square feet shall be planted with trees spaced thirty (30) feet on center, at a rate of approximately one (1) tree per three hundred (300) square feet of landscaped area.

(ix) Alternative Materials. In areas where general planting will not prosper, (i.e., narrow strips three (3) feet or less in width), other materials such as fences, walls, and pavings of wood, brick, stone, gravel, and cobbles shall be used. Carefully selected plants shall be combined with such materials where possible.

(x) Preservation of Existing Trees. Existing mature trees should be preserved, insofar as it is practical, and included in the site design. When construction or clearing activities have disturbed mature natural vegetation, additional planting is required above the rates stated above. Increased sizes of planting stock may also be required to replace the damaged stock.

(c) Building Appearance and Setbacks. Architectural style is not restricted, but the style selected shall conform to the following general design guidelines:

(i) The architecture shall be in harmony with permanent neighboring development.

(ii) Roof shapes shall be hip, gable, or pyramid, and shall be appropriate to the architectural style.

(iii) Building materials should be durable, and suitable for the design in which they are used. Acceptable materials are brick, stucco, stone, and wood.

(iv) Buildings in the same planned development or shopping center shall follow the same architectural theme (including individual building pads), and shall use the same materials for all building walls and other exterior components wholly or partly visible from access roads and adjoining residential developments.

(v) All buildings (except one-family dwellings) shall be set back a minimum of fifty (50) feet from the front property line on University Avenue. (Exception: In locations where the old Denver & Rio Grande railroad right-of-way is between the University Avenue right-of-way and private property to be developed, buildings are only required to be set back twenty (20) feet from property line). Single dwellings shall be set back a minimum of thirty (30) feet from property line, except as provided in the exception above.

(i) An integrated sign design scheme shall be required for all new PUD’s, shopping centers, and office complexes.

(ii) Integrated sign plans shall be reviewed by Design Review Committee.

(iii) Sign colors shall complement the colors of the principal structure. Use of contrast is permitted to promote legibility.

(iv) Identification signs of a prototype design and corporation logos shall conform to the criteria for all other signs.

(v) All signs shall comply with the detailed standards found in Section 14.38.085, Provo City Code.

(i) Combination curb, gutter and sidewalk shall not be permitted on University Avenue. A landscaped planter strip shall be installed between the curb and sidewalk.

(ii) Each sidewalk shall be a minimum of four (4) feet in width, and need not run exactly parallel to the street, but shall be encouraged to meander through the landscaped park strip.

(iii) The City shall provide pedestrian benches and trash receptacles at convenient locations along the planted park strip, whenever possible, subject to adequate funding.

(f) Traffic Impact Analyses. Traffic impact analyses shall be required for nonresidential projects with an aggregate size of forty thousand (40,000) square feet or more, and for residential projects with more than fifty (50) units.

(g) Access Controls. The City Engineer shall make recommendations to the Utah Department of Transportation regarding control of vehicular access onto University Avenue. The following land use guidelines shall be used by the City Engineer as an aid in making these recommendations.

(i) Residential projects should either back onto University Avenue, taking their principal access from a side street, or at least be done as a Planned Unit Development (PUD), with a common access drive, appropriately spaced from other driveways and street intersections.

(ii) Where possible, development projects on adjoining properties should be encouraged to share common driveway approaches.

(h) Design Review Committee. Project plans for PUD’s, commercial centers, office parks, and subdivisions fronting University Avenue shall be reviewed and approved by the Design Review Committee and Planning Commission prior to construction. Such review shall include an existing features (site analysis) plan, a detailed site plan, landscaping plan, and building elevations and floor plans.

(i) An existing features (site analysis) plan shall be submitted to and reviewed with the Planning Commission staff in a preapplication conference prior to making application for subdivision, PUD, condominium, or project plan approval. At a minimum, this analysis shall include:

(A) an air photo of the site or a contour map;

(B) the location of severely constraining elements such as steep slopes of over twenty-five percent (25%), wetlands, watercourses, intermittent streams and one hundred (100) year floodplains, and all rights-of-way and easements; and

(C) the locations of significant features such as woodlands, stands of trees, scenic views, drainage ways, fences or walls, existing structures, and roads, tracks and trails.

(ii) The existing features (site analysis) plan shall form the basis for consideration of a preliminary project plan and shall show the tentative location of buildings, streets, lot lines, parking, and landscaped open space in the proposed development. The preliminary project plan shall preserve significant natural features and incorporate them into the site design. The Planning Commission shall be empowered to make such modifications of underlying development standards as to ensure the same density or intensity yield as if the entire site were developed at the underlying standards.

(a) Creation - Purpose. A design corridor is established on West Center Street from Interstate 15 to the east edge of Utah Lake and shall be known as the West Center Street Design Corridor. All lots with frontage on West Center Street and abutting lots under the same ownership shall be subject to the requirements of this Section. The purpose of the West Center Street Design Corridor is to preserve and enhance the character and value of the West Center Street; to maintain property values, to improve the image of the city, and generally promote the public’s health, safety, and general welfare. All new construction in the West Center Street Design Corridor shall comply with the requirements of this Subsection.

(b) Building Setbacks. All buildings shall be set back a minimum of twenty (20) feet from the property line on Center Street or sixty (60) feet from the center line of Center Street, whichever setback is greater.

(c) Procedure. Project plans for each new performance development, commercial center, freestanding commercial development, office park, multiple family development or planned development within the West Center Street design corridor shall be reviewed and approved by the Provo City Design Review Committee and Planning Commission prior to construction. Such review shall include an existing features (site analysis) plan, a detailed site plan, landscaping plan, building elevations and floor plans. The existing features (site analysis) plan shall be used to prepare a preliminary project plan which shall show the tentative location of buildings, streets, lot lines, parking, and landscaped open space in the proposed development. At a minimum, such site analysis plan shall include the information outlined in Section 14.02.090, Provo City Code.

(d) Development Standards. Project plans shall incorporate and preserve significant natural features into the site design. Each preliminary or final project plan, which shall include the existing features (site analysis) plan, shall be prepared in accordance with the following site improvement standards. These standards shall apply in addition to other applicable development standards.

(i) Setbacks and Buffering. Landscaped buffer yards shall be developed and maintained along West Center Street in order to minimize street noise to adjacent property owners and businesses, and to improve and beautify this corridor. Properties adjoining West Center Street shall be buffered from the street by the following landscape and screening features: The front yard setback (excluding sidewalks) shall be bermed to a height of four (4) feet (undulations preferred); and landscaped with a minimum of one (1) deciduous tree, two (2) inch caliper minimum (measured six (6) inches above grade or six inches from the top of the root ball), per thirty (30) feet of street frontage, and a combination of one (1) under story tree, one (1) inch caliper, or one (1) evergreen conifer, expected to reach a six (6) foot minimum height at maturity, and five (5) shrubs, five (5) gallon minimum, per three hundred (300) square feet of landscaped buffer yard. The required plant material may be clustered as part of an approved landscaping plan.

(ii) Pedestrian Amenities and Streetscape

(iii) Improvements. Commercial areas shall be designed to accommodate both automobiles and pedestrians. Curb, gutter and sidewalk improvements shall be constructed to Subsection shall be in addition to landscaping required in other sections of the Provo City Code.

(iv) Alternative Materials. In areas where general planting will not prosper, such as narrow planting strips three (3) feet or less in width, other materials such as pavings of wood, brick, stone, or cobbles may be used. Soil sterilization or use of a weed block shall be required when such materials are used. Carefully selected plants shall be combined with such materials where possible.

(v) Protection of Existing and New Landscaping Features. Existing mature trees and vegetation shall be preserved and incorporated into site landscaping plans unless such preservation is deemed unwise by the Provo City Urban Forester (or a certified botanist or arborist in the absence of a recommendation from the Provo City Urban Forester). Plant materials shall be protected from damage by use of curbs, tree guards or other devices. Plant materials that are damaged shall be replaced as soon as possible, given availability of the plant materials and season of the year, but in no case longer than one (1) year after such damage occurs.

(vi) Irrigation. All areas required by this Subsection to be landscaped shall be irrigated. The irrigation system shall be designed, to the extent possible, to minimize water use.

(vii) Parking Areas. Parking areas shall include landscaping at the rate of at least forty (40) square feet of landscaping per required off-street parking space. Such landscaping may be provided in bermed strips along the edge of the parking areas up to a depth of ten (10) feet. Each row of parking spaces exceeding ten (10) spaces shall include landscaped islands at the midpoint and ends thereof. In addition, deciduous trees (two (2) inch caliper minimum) shall be planted within parking area landscaping in a manner such that, at maturity of said trees, at least twenty-five percent (25%) of the paved surface area of the parking area will be shaded when the sun is directly overhead.

(viii) Snow Stacking Area. All parking areas shall provide a snow stacking area sufficient to accommodate the stacking volume of a two (2) foot snow base over the entire parking area. Such stacking area shall be designed and located to avoid damage to required shrubbery and shall not encroach on pedestrian or vehicle rights-of-way. If a developer prefers to haul snow to an off-site disposal location, the provisions of this Subsection may be waived by the Planning Commission subject to a performance agreement with the City.

(ix) Lighting. Parking area light fixtures shall be designed in compliance with Chapter 15.21, Provo City Code. Decorative light fixtures or “theme lighting” shall be required as approved by the Design Review Committee.

(x) Plant Selection. Plants materials shall be carefully selected to insure adaptability to soil and high water table conditions in the area.

(xi) Building Design. Predominant primary architectural features, materials, and colors of existing buildings shall be incorporated into building design. The standards of Chapter 14.34.280, Provo City Code, shall apply to new construction or redevelopment (additions, remodeling and building repairs) within the West Center Street design corridor.

(A) Commercial buildings shall have a minimum lot coverage of twenty-five per cent (25%) and shall not exceed sixty percent (60%).

(B) Primary entries shall be oriented to a public street or designated pedestrian connection. Building entrances shall be easily identifiable, and shall form a transition between outside and inside areas. Building entries shall provide adequate lighting for security.

(C) Building mounted communications equipment shall be placed directly on a wall or parapet. The color of such equipment shall be the same as the color of the wall or parapet upon which it is placed, or designed consistently with the design details of the building.

(D) Detailing shall be used as a method of enhancing the theme or character of a building, thereby adding interest to the development.

(I) Details of a building elevation, such as particular design characteristics or use of color, shall be used to continue the character or theme of the project.

(II) Equipment such as, but not limited to, roof mounted communications and mechanical equipment, vending machines and ice machines shall be screened from street view and placed in an area designed for their use, as an integral part of the project.

(III) Patio enclosures visible from a public street shall be compatible with the architectural character of the project.

(IV) Building entryway and stairway design and placement shall be integrated with the design of the project through the use of similar building materials, details, shapes, colors or other features.

(E) Exterior building materials shall be durable, require low maintenance, and be of the same or higher quality as surrounding developments.

(I) The texture of building components shall enhance building design.

(II) Color schemes shall be harmonious and compatible with adjacent developments. Accent colors shall be compatible with the main color theme.

(III) Details of proposed colors and materials, including color chips and samples, shall be shown on building plans when a project plan application is submitted.

(IV) Reflective surfaces shall not be used in locations which may produce excessive reflections or glare.

(V) Tile, architectural grade asphalt shingles, standing seam metal or similar quality roofing materials shall be used on all pitched roofs visible from a public street.

(VI) Pad buildings in commercial developments, including service stations, convenience stores, restaurants, auto maintenance facilities and similar uses shall be designed in a compatible architectural style and shall incorporate the same materials, colors and landscaping as the primary development.

(F) Pre-engineered metal buildings shall not be permitted.

(G) The scale of a project shall not overwhelm adjacent buildings. Perceived height shall be reduced as needed by changing the roof line and varying the height.

(I) Building scale shall be compatible with adjacent development.

(II) Roofline variations shall be used to provide architectural style or character for commercial buildings that have limited wall variations due to functional constraints of the building.

(III) Commercial buildings shall not exceed thirty-five (35) feet in height, except tower elements, which may extend to fifty (50) feet in height provided such towers do not exceed a footprint area of four hundred (400) square feet.

(IV) Hipped or gabled roofs shall be required; provided that flat roofs with decorative front parapet walls may be permitted upon review and approval by the Planning Commission or Design Review Committee. Mansard roofs shall not permitted.

(H) Architectural relief should be used in building design to provide interest and variety and avoid monotony. Details that create shade and cast shadows may be used to provide visual relief to the building.

(I) Horizontal and vertical elements of exterior walls shall vary in height and projection to provide substantial architectural interest and style. Such interest and style may be provided through, but not limited to, the imaginative treatment of windows, doors, eaves, roof lines and parapets, subject to approval of the Planning Commission or Design Review Committee.

(II) Building trim, accents, color, materials and style shall be incorporated into primary design themes to promote architectural visual interest.

(III) All exterior building elevations shall be integrated into the design theme of the project. In particular, the upper walls of the sides and rear should exhibit relief, rhythm and interest through the use of height variations, relief elements providing shadow, and the use of scuppers, downspouts and expansion joints as design elements.

(IV) Where possible, office areas or other functions that do not need a high roof line shall be built with a lower roof line to provide a variety of massing and form.

(I) Patterns created by window and door placement shall be used where possible to add variety and interest to building design. Attractive views shall be emphasized and uncomplimentary views avoided. Drive-through windows shall not face a public street.

(xii) Grade Separation. When the grade of a site is changed, even if due to landscaping or storm water retention requirements, a grade separation of greater than two (2) feet at any property line shall be avoided to the greatest extent practicably possible.

(xiii) Timing of Design Corridor Improvements. When a new performance development, commercial center, freestanding commercial development, office park, multiple family development or subdivision is constructed within the West Center Street design corridor, the developer thereof shall install site improvements in accordance with the development standards required by this Subsection 14.34.290(3) prior to occupancy of any building.

(xiv) Traffic Impact Analyses. Traffic impact analyses shall be required for any project plan falling within the thresholds established in Title 15, Provo City Code.

(xv) Access Controls. Control of vehicular access onto some portions of West Center Street (Interstate 15 to Geneva Road) is within the jurisdiction of the Utah Department of Transportation, with recommendations from the City Engineer. The following standards shall be used by the City Engineer to formulate access recommendations for specific projects:

(A) The number of residential driveways with direct access to West Center Street or Geneva Road shall be kept to a minimum. Principal access shall be from a side street, or from a common access drive, appropriately separated from other driveways and street intersections, located within a performance development; and

(B) Development projects on adjoining lots or parcels shall share common driveway approaches wherever possible as determined by the City Engineer and UDOT.

(a) Purpose and Intent. The Provo City General Plan promotes architectural and design excellence. Many properties fronting South State Street are vacant or underdeveloped. There is substantial development potential and an opportunity to substantially improve the image of this major gateway into Provo City. Design guidelines are essential to assure that new development and property improvements enhance the character and make a positive visual and physical contribution to the State Street corridor and surrounding neighborhoods. Design guidelines will accomplish the following:

•Promote attractive development.

•Enhance the image of this gateway into the City and the City in general.

•Enhance property values.

•Attract customers to businesses.

•Facilitate a more walkable and healthier atmosphere that integrates the needs of the pedestrian with those of drivers.

•Streamline the development approval process.

Well-designed buildings will also enhance the general quality of life and create a “sense of place” along this southern gateway into Provo City that will benefit property owners and residents in the surrounding neighborhoods and the entire City.

(b) Boundaries. State Street Design Guidelines encompass all properties fronting State Street between the 900 East intersection and 1860 South.

(c) Applicability. The South State Street Design Guidelines will serve as a supplement to the Zoning Ordinance. New construction, additions and exterior alterations to all principal buildings and accessory buildings that are located within one hundred (100) feet of South State Street and any public street that intersects with South State Street for one hundred (100) feet from South State Street shall be subject to these Design Guidelines.

(d) Approval Authority. The Provo City Design Review Committee (DRC) shall have the authority to approve the design of property development and improvements in the South State Street corridor. The DRC may waive individual guidelines for specific projects if it finds that the waiver achieves a better design solution than strict application of the guidelines. The DRC, however, must adopt a finding of overall consistency with the guidelines before approving an application for design review.

(i) Buildings shall be located a minimum of ten (10) feet but no more than twenty (20) feet from the front or street side yard property lines. All areas between the front or street side yard property lines and any principal building shall be landscaped as follows:

(A) One (1) tree shall be provided for every fifty (50) feet of building frontage. Trees may be grouped or spaced evenly.

(B) Foundation plantings shall be used to achieve a minimum fifty percent (50%) coverage at maturity. Layered planting is encouraged.

(ii) Paving in the front or street side yards shall be limited to driveways that lead directly to interior side yard or rear yard parking. All front and street side yard areas that are not used as a driveway shall be landscaped at the same depth as the front or street side yard located between the principal building(s) and the public street.

(iii) All structures shall have at least one (1) primary entry that faces State Street.

(iv) Entryways shall be highlighted (focal point) with design elements and variations that give orientation, transition, and aesthetically pleasing character to the building. Each principal building on site should have clearly defined, highly visible customer entrances. In all cases, entryways should provide protection from the weather by projecting away from the main facade and by utilizing one (1) or more of the following design elements listed below:

(A) Awnings.

(B) Canopies, arcades, or porticos.

(D) Overhangs/eaves.

(E) Recesses/projections.

(F) Raised corniced parapets over the door.

(G) Peaked roof forms.

(H) Arches.

(I) Pillar posts or pilasters.

(i) Variations in rooflines shall be used to add interest to, and reduce the massive scale of, large buildings. Roof features should complement the character of adjoining neighborhoods, where applicable.

(ii) Roof styles are not limited; however, flat roofs shall incorporate green roof technology or be concealed by a parapet.

(iii) Mechanical equipment located on the roof shall be concealed from public view.

(i) Masonry, stucco, wood, or fiber-cement (or similar product) shall be used as primary building materials.

(A) Vinyl and metal siding shall be limited to use as a secondary material for trim, soffits, eaves, etc. and shall not be a dominant building material.

(ii) Pitched roofs that are visible from the public street shall consist of wood, slate, tiles, and high-quality composition shingles and shakes.

(A) Corrugated metal shall not be permitted as roofing material.

(iii) Alteration of exterior materials on an existing, residential structure shall not be subject to the above building materials requirements.

(i) Parking shall not be located in front of any building facade adjacent to a public street.

(ii) Parking lots should be pedestrian designed by keeping parking areas separated from primary structures using landscaping and sidewalks.

(iii) Parking shall not be located between any principal building and the front or street side yard property lines.

(i) Signage is limited to wall signs and freestanding ground level monument style signage as permitted by the underlying zoning and as defined in Section 14.38, Provo City Code.

(ii) Freestanding signs greater than five (5) feet in height (i.e., pole signs) shall not be permitted.

(iii) All freestanding signs must be constructed of materials and have an architectural style that is complementary to the principal structure.

(j) Landscaping. All additional landscaping required under this Subsection (4) shall be in addition to the requirements of Chapter 15.20, Provo City Code.

(a) Creation. A design corridor is established on East Center Street from 200 East to the roundabout at Seven Peaks Boulevard, including both sides of Center Street, and shall be known as the East Center Street Design Corridor. All lots with frontage on East Center Street and abutting lots under the same ownership shall be subject to the requirements of this Section.

(b) Definitions. For the purpose of this Section, the following terms are defined:

(i) “Block” means both sides of Center Street between intersecting streets.

(ii) “Primary material” means an exterior finish material covering up to one hundred percent (100%) of the exterior of a building, not including roofing.

(iii) “Secondary material” means an exterior finish material covering no more than twenty percent (20%) of the exterior of a building, not including roofing.

(i) Preserve and enhance the character of East Center Street.

(ii) Protect important views and significant architectural and historic resources.

(iii) Improve the overall quality of the built environment.

(iv) Improve pedestrian and bicycle safety.

(v) Generally promote the public’s health, safety, and general welfare.

(i) Architectural Style. Examples of domestic and public styles in the Corridor include Victorian, English Tudor, Prairie, Arts and Crafts, Colonial Revival, Period Revival, Neoclassical, Italianate, Early Utah Vernacular, Art Moderne, and International.

(A) The design of any new construction or addition shall have a distinctive, identifiable architectural style and shall be compatible with the size, scale, color, material, and character of historic properties in the Design Corridor, and avoid replicating or mimicking historic buildings.

(B) New construction in the Design Corridor shall emphasize and accentuate the existing historic homes.

(C) Roof Forms. Roofs are major features of most historic buildings and when repeated along a street contribute to visual continuity. Roof forms in the Corridor are simple in form with gabled, pyramid, and hipped styles being the most common. Roofs purposely extend beyond the building walls and the eaves are sometimes enclosed with vented soffits.

(I) New and redeveloped structures shall use roof forms, slope ratios, and materials similar to historic structures in the Design Corridor.

(II) Skylights, solar panels, and other rooftop devices shall be minimized and located on non-street-facing roof planes.

(A) Each building in the Design Corridor shall have a principal facade that is oriented to face Center Street.

(A) Building width shall be between ninety percent (90%) and one hundred ten percent (110%) of the average width of all street-facing facades on the same block.

(I) For the purpose of determining the average width of street-facing facades, the street-facing facades of courtyard buildings are the front facades of the wings perpendicular to the street as illustrated by measurement A in Figure 14.34.290(5)(a) of this Section, each wing constituting a separate street-facing facade.

(A) No building shall exceed a maximum height of thirty-five (35) feet, measured at each building facade, except that any street-facing facade within fifty (50) feet of a right-of-way line shall not exceed twenty-five (25) feet.

(I) For purposes of this Section, street-facing facade height is measured from finished grade to the top of each street-facing facade wall, independent of roof type.

(II) In no case shall a building have a street-facing facade which exceeds two (2) stories within fifty (50) feet of a right-of-way line.

(A) Building mass shall be minimized and shall not visually overwhelm adjacent or nearby single-family dwellings.

(B) For a multifamily building, the principal facade facing Center Street shall have a general outline similar in shape and size to the single-family homes in the Corridor.

(A) Front Yard. Shall be a minimum of thirty (30) feet and a maximum of forty (40) feet measured from the back of sidewalk.

(B) Side Yard. Shall be a minimum of ten (10) feet.

(D) Multiple Buildings on a Single Parcel. For multiple buildings located on a single parcel, side setbacks shall be determined as though a side property line exists between each building, providing the same setbacks as if each building is located on an individual parcel.

(E) Transition Block - 200 East to 300 East. Smaller setbacks similar to existing construction in the transition block may be approved by the Planning Commission under the following conditions:

(I) The proposed building has received a positive recommendation from the Landmarks Commission.

(II) A minimum of one (1) pedestrian entrance to a commercial space, lobby, or residential unit shall be provided for every fifty (50) feet of building frontage along Center Street.

(III) Each first floor commercial frontage along Center Street shall provide a minimum of forty percent (40%) completely transparent glass. Ground floor residential buildings shall provide twenty percent (20%) completely transparent glass along Center Street.

(IV) The proposed setback shall not be less than the average existing setback on the same block face and in no case less than twelve (12) feet.

(vii) Courtyard Buildings. Buildings with courtyards opening onto Center Street are permitted under the following conditions as illustrated in Figure 14.34.290(5)(a) of this Section.

(A) The wings perpendicular to Center Street are separated by distinct landscaped courtyards.

(B) Width of the street-facing facades of the perpendicular wings complies with Subsection (5)(d)(iii)(A) of this Section as illustrated by measurement A in Figure 14.34.290(5)(a) of this Section.

(C) The width of each landscaped courtyard shall be at least twenty (20) feet and not exceed twice the width of the street-facing facades of the perpendicular wings as illustrated by measurement B in Figure 14.34.290(5)(a) of this Section.

(D) The rear connecting section is set back a minimum of forty (40) feet from the front facade of the perpendicular wing as illustrated by measurement C in Figure 14.34.290(5)(a) of this Section.

(E) Parking in the courtyard between the perpendicular wings is not permitted.

(viii) Parking. Parking shall not be placed in the front, side, or street side yard and should be minimized in the rear yard, with the exception of one- and two-family dwellings when the driveway leads to a garage or carport as defined in Chapter 14.37, Provo City Code.

(A) Parking shall not be allowed between a primary building and a public street.

(B) Surface parking areas in rear yards shall be screened from neighboring properties with appropriate plant materials and/or fencing.

(C) Entrances to underground parking shall be provided from driveways along the sides of properties, not from a front-facing underground garage entry, unless the applicant demonstrates that no alternative is feasible.

(ix) Materials and Construction Quality. Current buildings in the Design Corridor use a variety of common building materials. The most common building material is brick, followed by clapboard or shiplap siding, and to a lesser degree brick in combination with plaster or stucco. Foundations vary from stone, concrete, and block construction.

(I) New and redeveloped structures should use similar building materials as those found in the Corridor and shall complement surrounding buildings in color and texture.

(II) The primary exterior finish materials of all new construction shall consist of:

1. Brick;

2. Wood and/or composite siding.

(III) The following materials are prohibited:

1. Vinyl siding;

2. Aluminum siding;

3. All other non-architectural metal siding.

(IV) A range of secondary materials, including trim materials, may be used as long as they remain secondary.

(V) Trim details should be functional in nature and not simply applied decorations.

(VI) Roofing materials shall be limited to the following:

1. Wood shingles;

2. Slate shingles;

3. Clay tile;

4. Metal shingles or tile;

5. High quality composition or composite shingles.

(I) The following fencing materials are prohibited:

1. Chainlink and other wire mesh products;

2. Vinyl;

(A) No backlit signs shall be permitted. Signs shall only be lit by external, downward-facing, stationary, shielded light sources directed solely onto the sign without causing glare.

(B) Sign colors shall complement the colors of the principal structure. The use of contrasting colors to promote legibility is permitted.

(i) Center Street should be improved to include the following elements:

(A) Corner bulb outs;

(B) Raised crosswalks;

(D) High visibility signage designating pedestrian crossings.

(ii) Steps should be taken to ensure that the use of bicycles along Center Street is safe and accessible, including selecting a context appropriate bicycle lane configuration.

(iii) A plan should be developed to restore the landscaped center median along Center Street through the Design Corridor.

(i) In addition to any other required reviews and approvals, all new construction proposed in the Corridor shall be reviewed by the Landmarks Commission for compliance with the requirements of the Design Corridor.

14.34.295 Downtown Development Design Standards.

(1) Purpose and Intent. This Section establishes design standards that are intended to improve the quality and compatibility of new development. These standards address building form, mass and scale, building materials, and compatible additions. They are intended to provide design standards for project applicants, staff, the Design Review Committee and the general public.

(2) Applicability. In addition to the requirements of Sections 14.34.280 (Design Review) and 14.34.285 (Single-Family Residential Design Standards and Guidelines), Provo City Code, the design standards set forth in this Section shall apply to all buildings and uses located in the General Downtown (DT1), Downtown Core (DT2), Downtown Gateway (GW), West Gateway (WG), and Interim Transit Oriented Development (ITOD) zones.

(b) All of the requirements of this Section shall apply, unless the Planning Commission approves an alternative design arrangement that imposes requirements equivalent to or more restrictive than the requirements set forth in this Section.

(a) A minimum of one (1) pedestrian entrance to a commercial space, lobby, or residential unit shall be provided for every fifty (50) feet of building frontage along primary streets and one hundred (100) feet on secondary streets. Properties located in the Downtown Gateway (GW) and West Gateway (WG) zones must provide a minimum of one (1) pedestrian entrance to a commercial space, lobby, or residential unit for every one hundred (100) feet of street frontage. All properties with frontage on Center Street in the GW and WG zones must provide a pedestrian entrance that fronts Center Street.

(i) Commercial Ground Floors. Each first floor commercial frontage situated along a primary street shall provide a minimum of forty percent (40%) completely transparent glass and on secondary streets thirty percent (30%) completely transparent glass.

(ii) Residential Ground Floors. Ground floor residential buildings shall provide twenty percent (20%) completely transparent glass on any street.

(a) The facade of any multiple-family, apartment, or mixed-use structure shall:

(i) Be articulated in the horizontal plane to provide visual interest and enrich the pedestrian experience, while contributing to the quality and definition of the street wall;

(ii) Be vertically articulated to differentiate the ground floor facade, and feature high quality materials that add human scale, texture and variety at the pedestrian level;

(v) Avoid extensive blank walls that detract from the experience and appearance of an active streetscape; and

(vi) Provide well-marked entrances to cue access and use. All public entrances to a building or use shall be enhanced through compatible architectural or graphic treatment.

(b) Exterior stairways, corridors, or landings shall not be located on the front or street side elevation of the building.

(d) Windows, materials and doors shall be compatible with those of the original building.

(e) Roof forms shall be compatible with the existing structure.

(a) Intent. The intent of the facade materials standards of this Section is to:

(i) Provide minimum material standards to ensure use of well tested, high quality, durable surfaces, while permitting a wider range of materials for details; and

(ii) Encourage a high level of detail from smaller scaled, less monolithic materials in order to relate facades to pedestrians, especially at the ground level.

(b) Prohibited Exterior Materials. 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.

(c) Limited Exterior Materials. The following finishes may not be used on more than twenty percent (20%) of each exterior facade face:

(i) Cement-based stucco;

(ii) Face-sealed EIFS synthetic stucco assemblies and decorative architectural elements; and

(iii) Synthetic stucco.

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

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

(8) Roofs. Pitched roofs, if provided, shall be symmetrically sloped no less than 5:12 on all elevations facing a public street. Pitched roofs for residential porches and attached sheds may be no less than 2:12. This provision should not be construed to prohibit flat roof designs.

(9) Balconies. Balconies consisting of a minimum area of fifty (50) square feet shall be provided for a minimum of fifty percent (50%) of all residential units. Balconies may be inset into the building or may project into the street right-of-way a maximum of five (5) feet so long as ten (10) feet of vertical clearance is provided between the sidewalk and the balcony. Balconies facing a side or rear yard shall maintain a distance of at least eight (8) feet from the face of the balcony to the adjacent property line. Storage on balconies is limited to items such as tables, chairs, barbecue grills, and similar outdoor furniture. All new projects with residential units shall be required, as a condition of approval, to include language in their CC&Rs that restricts storage on balconies to acceptable items.

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

(11) Mechanical Screening. Mechanical equipment shall have an opaque screening barrier that is architecturally compatible with the primary structure. Only the minimal amount of screening necessary to fully screen such equipment shall be used.

14.34.296 Airport Adjacent Development Design Standards.

The following standards shall apply in the AI zone:

(1) Building Orientation. The primary entrance to structures fronting Lakeview Parkway or Center Street shall have their primary entrance face these corridors.

(2) Design. The design elements located in this zone shall incorporate architectural elements located within the downtown area of Center Street between 500 West and 100 East. These elements include masonry wall surfaces, decorative cornices, steel and beam construction, and ground-floor storefronts. Post-modern would be an acceptable form of design. Each side of the structure shall have architecture detailing. Blank walls void of architecture details are not permitted.

(a) Building wall materials shall be combined on each facade horizontally only, with the heavier elements (material or weight) below lighter elements. For example, stone should not be above stucco, and brick should not be below concrete. No material shall have a horizontal length of greater than sixty (60) feet.

(b) The exterior finish material on all buildings shall not consist of vinyl, metal siding (including sheet or corrugated metal), plywood, particle board, or other wood products not intended as an architectural finish product with the following exceptions:

(i) Air cargo terminal and package delivery facility, aircraft maintenance facility and related activities, miscellaneous manufacturing, and warehouse permitted uses may use metal composite material.

(4) Each first floor commercial frontage situated along a primary street shall provide a minimum of forty percent (40%) completely transparent glass and on secondary streets thirty percent (30%) completely transparent glass.

(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) Roofs. Pitched roofs, if provided, shall be symmetrically sloped no less than 5:12 on all elevations facing a public street. This provision should not be construed to prohibit flat roof designs.

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

(9) Mechanical equipment shall have an opaque screening barrier that is architecturally compatible with the primary structure. Only the minimal amount of screening necessary to fully screen such equipment shall be used.

14.34.300 Transitional Development Standards for Uses Abutting Residential Zones.

The purpose of this Subsection is to provide an area of transition between abutting lots zoned for dissimilar uses so that adjoining incompatible uses are avoided.

(1) Where a lot in any multiple family residential, business, commercial or industrial zone abuts a lot in any one-family residential, residential agricultural or agricultural zone, or where a business, commercial or industrial zone abuts a lot in a multiple family residential zone, a landscaped yard at least ten (10) feet wide shall be provided on such lot along the property line where the lot abuts one (1) or more of the aforementioned lots and landscaped to the standards of Section 15.20.110, Provo City Code. Building setback in such areas shall be at least one (1) foot for each two (2) feet of building height. Buildings over twenty (20) feet high shall be set back at least ten (10) feet. This Section shall not apply to the DT1 (General Downtown) or GW (Downtown Gateway) zone.

(2) Where the side yard of a commercial or multiple family residential corner lot abuts the same street as the front yard of an adjoining residential property facing the same street, the minimum side yard setback on the corner lot shall be twenty (20) feet from the street right-of-way line.

(3) Where a lot in any multiple family residential, business, commercial or industrial zone abuts a lot in any one-family residential, residential agricultural or agricultural zone or where a business, commercial or industrial zone abuts a lot in a multiple family residential zone, there shall be provided a landscaped front yard on such lot equal to that of the residential use on the abutting property.

(4) Any multiple family residential, business, commercial or industrial parking lot consisting of four (4) or more spaces and that portion of the driveway back of the building line shall be screened from the street and from adjoining properties in the abutting residential, residential agricultural or agricultural zones by either a landscape berm two (2) feet high at the crown, a hedgerow at least five (5) feet high at maturity, or a masonry wall not less than three (3) feet high in the front yard, and not more than six (6) feet high located back of the building line.

(5) All building and parking lot lighting shall comply with the outdoor lighting regulations of Title 15, Provo City Code.

(6) Notwithstanding a permitted or conditional use provision to the contrary, a use that involves open storage of merchandise or equipment, off-premise signs, trade or industry that is noxious or offensive by reason of the emission of odor, smoke, gas, vibration or noise shall be strictly prohibited on a lot abutting a residential, residential agricultural or agricultural zone.

(7) No overhead/bay doors shall be permitted in the wall of a building which faces a residential, residential agricultural or agricultural zone if said wall is closer than twenty-five (25) feet to the property line.

(8) All mechanical equipment (e.g., air conditioners, fans, pumps, etc.) should be located within the building or on a roof with parapet walls. Any mechanical equipment located on the outside of a building within twenty-five (25) feet of the nearest residential use shall have a visual/noise barrier (masonry wall or landscaping) that completely surrounds the equipment and extends at least one (1) foot above the equipment. Noise from mechanical equipment shall not exceed the decibel level set forth in Section 9.06.030, Provo City Code.

(9) No loading dock or delivery pickup area shall be located within fifty (50) feet of a residential use. These areas shall be screened from public view with a six (6) foot masonry wall.

(10) No trash container shall be located closer than twenty-five (25) feet from the side property line of a lot in a residential, residential agricultural or agricultural zone.

(11) All of the above-listed requirements shall apply, unless the Planning Commission approves an alternative buffering arrangement equal to or better than the requirements set forth in this Subsection. The Planning Commission shall make specific findings justifying the alternate buffering arrangement.

14.34.310 One-family Detached Dwellings.

Any detached one-family dwelling located on an individual lot must meet the off-street parking requirements in Chapter 14.37, Provo City Code and the following standards in addition to any others required by law except as provided in Subsection 14.34.310(1), Provo City Code. Exemption: All one-family dwellings for which building permits were issued prior to August 21, 1990, are exempt from the requirements of this Section. Neither shall compliance with these regulations be required of units existing prior to the adoption of this Section if such units are later remodeled except as otherwise provided in this Title.

(1) The dwelling must meet the requirements of the Provo City Building Code or, if it is a manufactured home, must meet the requirements of the HUD Code and must not have been altered in violation of such codes. A used manufactured dwelling must be inspected by the Chief Building Official or the Chief Building Official’s designee prior to placement on a lot to insure it has not been altered in violation of such codes. Any violations must be corrected as directed by the Chief Building Official. Manufactured homes shall be multiple transportable sections.

(2) The dwelling must be taxed as real property. If the dwelling is a manufactured home, an affidavit must be filed with the State Tax Commission pursuant to Utah Code Annotated 59-2-602.

(3) The dwelling must be approved for and permanently connected to all required utilities.

(4) Each dwelling shall have a site-built concrete, masonry, steel or treated wood foundation capable of transferring design dead loads and live loads and other design loads unique to local home sites, due to wind, seismic and water conditions, that are imposed by or upon the structure into the underlying soil or bedrock, without failure. All foundations shall be designed in accordance with Provo City adopted building codes, the manufacturer’s recommendations, NCSBCS Standards, or an approved engineered design. All perimeter footings must be a minimum of thirty (30) inches below grade for frost protection. All tie-down devices must meet Provo City adopted building codes, the manufacturer’s recommendations, NCSBCS Standards, or an approved engineered design. The space beneath the structure must be enclosed at the perimeter of the dwelling in accordance with the manufacturer’s recommendations or NCSBCS Standards and constructed of materials that are weather resistant and aesthetically consistent with concrete or masonry type foundation materials. All manufactured home running gear, tongues, axles, and wheels must be removed at the time of installation.

(5) Dwellings shall have a roof surface of wood shakes, asphalt shingles, composition shingles, wood shingles, concrete tiles, fiberglass tiles, slate tiles, or built-up gravel materials. Unfinished galvanized steel or unfinished aluminum roofing shall not be permitted. There shall be a roof overhang at the eaves and gable ends of not less than six (6) inches, excluding rain gutters, measured from the vertical side of the dwelling. The roof overhang requirement shall not apply to areas above porches, alcoves and other appendages which together do not exceed twenty-five percent of the length of the dwelling.

(6) Dwellings shall have exterior siding material consisting of wood (excluding plywood, particle board or other wood products not intended as an architectural finish product), hardwood, brick, concrete, stucco, glass, metal or vinyl lap, tile, or stone, or an aesthetically pleasing combination of these materials.

(7) The width of the dwelling shall be at least twenty (20) feet at the narrowest point of its first story, exclusive of any garage area, as viewed from the front lot-line, to create a front entry to the home as viewed from the street; this portion of the dwelling shall have a depth (front to rear) of at least twenty (20) feet.

(8) One-family detached dwellings in the R1.10 zone shall be provided with an attached or detached garage or carport, designed with the same architectural style and materials as the main dwelling and constructed concurrently with the dwelling and having a minimum interior width and length of twenty (20) feet. See Section 14.37.100, Provo City Code.

(9) One-family detached dwellings in all other zones shall be provided with an attached or detached garage or carport, designed with the same architectural style and materials as the main dwelling and constructed concurrently with the dwelling and having a minimum interior width of twenty (20) feet and interior length of twenty (20) feet for two (2) parking spaces, a minimum interior width of ten (10) feet six (6) inches and a minimum interior length of twenty (20) feet for one (1) parking space; such space shall be free of stairs or other build obstructions. See Section 14.37.100, Provo City Code.

(10) Porches, decks, or verandas are permitted on the front of the house only when covered with a roof.

(11) Minimum Floor Area. All one-family detached dwellings shall have a minimum floor areas (exclusive of garage) as shown on Table 14.34.310-1 below.

Zone¹ where used for one-family detached dwelling	Single Level Dwelling ²	Multiple Level Dwelling ³
Zone¹ where used for one-family detached dwelling	Finished Main Floor Area - Excluding Basement - in square feet (s.f.)	Finished Floor Area in square feet (s.f.)	Total Finished Floor Area in square feet (s.f.)

Zone¹ where used for one-family detached dwelling	Single Level Dwelling ²	Multiple Level Dwelling ³
Zone¹ where used for one-family detached dwelling	Finished Main Floor Area - Excluding Basement - in square feet (s.f.)	Finished Floor Area in square feet (s.f.)	Total Finished Floor Area in square feet (s.f.)
RC Lot area less than 8000 s.f.	850	637	1275
RC Lot area 8000 s.f. or greater	1000	750	1500
R1.6	850	637	1275
R1.7	950	712	1425
R1.8	1000	750	1500
R1.9	1200	900	1800
R1.10	1200	900	1800
R1.15	1200	900	1800
R1.20	1200	900	1800
A1	900	675	1350
RA	1000	750	1500
PD-R2 to R5	900 or as approved in PD	675 or as approved in PD	1350 or as approved in PD
¹ For dwellings with an associated accessory living space, located in the RC or A-overlay or S-overlay zone, the minimum floor areas shown may include the principal living area and the accessory living area, except that any living area within a basement may not be counted toward the minimum main floor area requirement.
² Single-level main floor area may include split-level designs in which above-grade living areas are not stacked; any living area within a basement may not be counted toward the minimum main floor area requirement.
³ May include two (2) or more stories or split-level designs with above-grade living areas stacked one above the other, except that any living area within a basement may not be counted toward the minimum main floor area requirement.

14.34.320 Off-street Parking Across a Public Street or with an Intervening Property.

In accordance with 14.37.080(1)(b) required parking shall not be located across a public street, or with an intervening property, except by conditional use permit approved by the Planning Commission, subject to the conditions set forth below:

(1) Off-street parking approved under this Section must be located such that the nearest property line of the lot is within four hundred (400) feet of the nearest property line of the lot containing the land use activity it serves, as measured along the shortest pedestrian route with the following exception:

(a) Portions of any DT zone located in an area bounded by University Avenue, 200 South, 300 West, and 200 North, and

(b) Parking to be provided may not be located further than eight hundred (800) feet from building to parking lot subject to the Planning Commission approval.

(2) The parking lot, if across the street from the main land use activity it serves, shall be located within two hundred (200) feet of a regulated intersection or approved crosswalk in the direction of pedestrian traffic.

(3) The applicant shall, at the applicant’s own expense, submit a report from a qualified Traffic Engineer assessing the probable vehicular and pedestrian impacts from the off-site parking lot, and including any recommendations for the mitigation of safety concerns.

(4) The applicant shall assume the full liability, and responsibility for the lot, as well as any costs associated with improvements that may be required to enhance safety.

(5) If, after review by the Planning Commission staff, the Planning Commission finds that the off-site lot will not pose any significant traffic safety problems, and that it complies with all other provisions of this Title, the permit shall be granted.

14.34.330 Multifamily Amenities.

(1) Each multifamily zone requires that any new project with a specified number of units must allocate a certain percentage of the residential gross floor area for the development of recreational amenities. Landscaping in front and streetside yards, minimum setbacks, and other required areas (such as distance provisions required by the International Building Code) do not count towards meeting the requirements of this Section. Only up to fifty percent (50%) of the required recreational amenity space may be located outdoors at the ground floor level. The open space must be massed or accumulated to be functional as a recreational amenity or gathering space. Amenities that are enclosed may count towards meeting the requirements of this Section.

(2) Amenities may be selected in any combination from the table below so long as they amount to a total score of sixty (60). Multiple instances of the same amenity receive points for each instance.

(a) If a developer would like to pursue an amenity that is not on this list, the Department Director (or the Director’s designee) may give authorization to assign that amenity the score of the most similar amenity on the given list and adjust the score accordingly.

(b) All amenities must be maintained for the entire duration of occupancy. If a developer, HOA, or other responsible party removes an amenity, it must be replaced with one (1) or more amenities that achieve a combined score of at least sixty (60) to meet the required total.

(c) The developer may elect in writing at the time of application whether parking spaces with electric vehicle charging stations or electric vehicle-ready infrastructure will be counted toward the zone’s amenity square footage requirements or parking minimums, but those spaces may not be counted toward both requirements. If no written election is made, such spaces will count toward amenity space and not toward parking minimums.

(d) Outdoor features include, but are not limited to, fire pits, pavilions, outdoor cooking equipment, dining areas, and other similar comforts for outdoor spaces. They do not include seating, meaning that seating provided without an accompanying feature does not count as an outdoor feature and seating that is provided with an accompanying feature does not count as an additional feature, but is instead considered part of the feature it accompanies.

TYPE	AMENITY	SCORE
EV	Electric vehicle charging stations (≥5% of spaces)	45
EV	Electric vehicle-ready charging infrastructure (≥5% of spaces)	35
Bikes	Bike repair station	20
Pet	Open space for pets and pet waste	42
Pet	Pet grooming station	10
Gathering	Indoor gather space (within main building)	30
Gathering	Clubhouse (separate from main building)	28
Gathering – Outdoor	Outdoor gathering space with 10+ features	34
Gathering – Outdoor	Outdoor gathering space with 7 – 10 features	32
Gathering – Outdoor	Outdoor gathering space with 4 – 6 features	30
Gathering – Outdoor	Outdoor gathering space with 1 – 3 features	28
Gathering – Outdoor	Outdoor open area, no features (e.g., field, vacant courtyard)	20
Playground	Playground (if ≥50% of units have 2 or more bedrooms)	28
Playground	Playground (if >50% of units have fewer than 2 bedrooms)	23
Recreation	Pool	28
Recreation	Hot tub	28
Recreation	Gym	24
Recreation	Sport court	24
Recreation	Media Room	5
Storage	Storage areas if ≥50% of units are smaller than 600 sq. ft.	16
Work	Co-work space	10

(3) All amenities must be exclusively for the use of the building’s residents and not for any commercial purpose. Property owners and managers may not charge the buildings’ residents for the use of any of these amenities except electric vehicle charging.

14.34.340 Twin Home Development Standards.

(1) Twin Home developments shall be allowed as conditional uses in the R2 zone. However, if the development exceeds three (3) acres in the R2 zone, it shall be treated as a Performance Development, subject to all the requirements of Chapter 14.31, Provo City Code, Performance Developments.

(2) Because twin homes are attached on a common lot line, dwellings shall be designed and built in pairs.

(3) Lot Area. Each lot in the R2 zone shall have an area of not less than four thousand (4,000) square feet, unless otherwise approved by the Planning Commission.

(4) Lot Width and Frontage. Each lot shall have an average width of not less than thirty-five (35) feet in the R2 zone (forty-five (45) feet on corners). A non-rectangular lot on a cul-de-sac turnaround or on the outside radius of a street curve with a radius of not more than fifty (50) feet shall have a street frontage of not less than twenty (20) feet.

(5) The use of flag lots may be encouraged on deep lots with very narrow frontage.

(6) Dwelling Floor Area. Each dwelling shall have a ground floor area not less than the standards contained in Section 14.34.310(11), Provo City Code.

(7) Dwelling Height. No dwelling structure shall exceed two and one-half (2 1/2) stories or thirty-five (35) feet in height.

(a) Front Yard. Each lot shall have one (1) front yard setback of not less than twenty (20) feet, unless otherwise approved by the Planning Commission.

(b) Rear Yard. Each lot shall have one (1) rear yard setback of not less than twenty (20) feet, unless otherwise approved by the Planning Commission.

(a) Each dwelling shall have not less than two (2) off-street parking spaces, at least one (1) of which is within a carport or fully enclosed attached garage. A freestanding garage or carport does not meet this requirement.

(b) Garages and carports shall be located to provide a paved driveway of not less than eighteen (18) feet in length as measured from the inside edge of the public sidewalk to the garage door, or carport supports.

(10) The center wall between the dwelling units shall be on the property line and shall be designed and constructed for sound proofing with a minimum sound isolation requirement (STC) of 50.

(11) A masonry wall or approved decorative fence or hedge may surround each pair of lots in accordance with the fencing provisions of the underlying zone. Said wall, hedge or decorative fence may include front and rear yard dividers. The rear yard may be divided by a sight obscuring fence, wall or hedge.

(12) To the greatest extent possible, designers of twin homes should strive for a one-family detached appearance. Instead of looking like a duplex, where each unit mirrors the other, the homes should be designed so that they have the appearance of one (1) large unit. This can be accomplished by separating the entrance of one (1) unit from the entrance to the adjacent unit, or by utilizing grade changes and roof line variety.

(13) Development plans shall include a landscaping plan for the front yards, which shall be installed by the developer.

(14) Each side of the twin home shall be separately metered for water and power. And building drains shall be separate as they leave the building.

(15) Application for Conditional Use Permit shall be made as per 14.02.040, and plans shall undergo administrative project plan review as per 14.02.090.

14.34.350 Recreational Vehicle Storage (Includes Boats, Trailers, and Recreational Vehicles) and Towing Impound Yards.

Subject to the standards set forth in Subsections (1) through (8) of this Section, storage of recreational vehicles shall be allowed as a conditional use in A1 zones and towing impound yards shall be allowed as a permitted use in CM, M1, M2, F1 and PIC zones.

(1) Every recreational vehicle storage area and towing impound yard shall be screened on all sides by an opaque wall or fence that meets the requirements of this Subsection.

(a) Fence or wall height shall be at least eight (8) feet for recreational vehicle storage areas and at least six (6) feet for towing impound yards. Fence height may be shorter if built upon a permanent landscaped berm, and the combined height of the berm and fence meets the requirements of this Subsection.

(b) Fencing material shall be “Beauty Link” chain link, wood, masonry, or composite fence material. Vinyl fencing shall not be permitted.

(d) A masonry wall shall be required along all sides viewable from the public right-of-way along a design corridor listed in Section 14.34.290, Provo City Code.

(e) Gates on walls or fences shall be opaque and be made of wood, metal, or composite fence material.

(2) Required yards in the underlying zone shall be landscaped with some combination of trees, shrubs, hedgerows, turf, ground covers, organic mulches, decorative stone, and native plants. Preference shall be given to drought-resistant native species. Landscaping shall be irrigated and permanently maintained.

(3) When adjoining a residential zone boundary, a minimum thirty (30) foot landscaped setback shall be required from the residential zone boundary. The landscaped setback shall be located between the property or zone boundary line and the wall. Landscape buffer requirements of Section 15.20.110, Provo City Code, shall be followed.

(4) All parking areas and driveways shall be built as described in Section 14.37.090, Provo City Code. Gravel parking areas shall be maintained in a weed-free condition.

(5) One (1) on-premises sign shall be permitted per street frontage in the front or side yard setback. Said sign shall be no higher than five (5) feet, and no more than thirty-two (32) square feet in area.

(6) All lighting shall meet the requirements of Chapter 15.21, Provo City Code.

(7) If the site is adjacent to a residential zone, only one (1) towing company may operate from the site.

(8) When located on a design corridor, a minimum twenty (20) foot landscaped setback shall be required. The landscaped setback shall be located between the fenced yard and the corridor.

14.34.355 Portable Storage Containers.

(1) As used in this Section “portable storage container” means a moveable weather-resistant container designed and used for the storage or shipment of property. A portable storage container does not include an open roll-off or other trash storage container.

(2) In an agricultural or residential zone, only one (1) portable storage container may be located on a lot or parcel, subject to the provisions of this Subsection (2).

(a) A portable storage container shall not be located on a vacant lot or parcel,

(b) A portable storage container may be located on a driveway or an interior side yard or rear yard so long as the container is not within a parking circulation aisle/lane, fire access lane, public utility easement, or public right-of-way, including a public street or sidewalk.

(c) (i) If a building permit has been issued for construction or remodeling of a dwelling unit, a portable storage container may be located on the same lot or parcel so long as the permit is valid, but shall be removed prior to issuance of a certificate of occupancy.

(ii) If no such building permit has been issued, a portable storage container may be located on a lot or parcel for up to thirty (30) days in any twelve (12) month period, subject to the provisions of Subsections (2)(a) and (b) above.

(3) In any zone, vertical stacking of two (2) or more portable storage containers and stacking of any other materials on top of a portable storage container is prohibited.

14.34.360 Boarding of Miniature Horses.

(Enacted 1992-65, Rep 2014-13)

14.34.370 Dance Halls as a Conditional Use–Public Dances.

(Enacted 1993-09, Am 1993-32, Am 1994-67, Am 1998-05, Am 1999-15, Am 2001-23, Am 2005-27, Am 2010-31, Rep 2020-53)

14.34.380 Car Wash as a Conditional Use.

(Enacted 1993-10, Am 1998-06, Rep 2020-53)

14.34.390 Service Organizations.

Service organizations which are not permitted uses in the applicable zone shall be conditional uses in the CM, M1, and M2 zones and shall be classified as either moderate or high impact uses based on the following criteria and point system:

Criteria	Points
Length of Stay
Less than 2 Hours	0
2 to 4 Hours	5
4 or More Hours	10
Hours of Operation
Normal business hours	0
Extended Hours	5
24 Hour Service	10
Prepared Meals	10
Number of Visits per day
Low 1-20	0
Medium 20-50	10
High 50 or more	20
Paid Staff/Client Ratio
High 1 per 10	20
Medium 1 per 8	10
Low 1 per 5	0
Sheltered Workshop	-20
Daily Return Client Visits
(nonresidential)	20

Determination
Moderate Impact = Less than 45 Points
High Impact = 45 points and above

14.34.400 Moderate Impact Service Organizations.

Service Organizations that are determined to be moderate impact uses may be permitted by the Planning Commission through the issuance of a conditional use permit, subject to the following conditions:

(1) Parking must be provided in compliance with Section 14.37.060, Provo City Code. If a Parking standard is not established by the Provo City Code, the proposed parking must be reviewed and approved by the Planning Commission.

(2) Parking lots shall be lighted sufficiently to provide safety to customers.

(3) In determining conveniently located parking, the Planning Commission shall consider:

(a) The visibility of the parking area from the building and the street.

(b) The lighting, existing physical development, and landscaping around the parking.

(4) The Service Organization management be responsible for the following:

(a) Parking lots, grounds, and premises shall be closed and vacated within thirty (30) minutes of closing of the service organization.

(b) The service organization operator shall be responsible for the control of loitering, noise, conduct of clients and litter in and around parking areas.

(5) Miscellaneous service organizations shall not be located closer than one hundred (100) lineal feet from a residential zone and must be bordered on all sides by a commercial zone including across public streets.

(6) Designated off-street parking shall be located no closer than one hundred (100) feet from a residential zone.

(7) The Service Organization shall not exceed the noise limitations set forth in Chapter 9.06, Provo City Code. If a complaint is verified by the Police Department that a noise disturbance exists in violation of any provision of Chapter 9.06, Provo City Code, this shall serve as prima facie evidence of a violation of this condition of approval.

(8) The Service Organization shall perform routine and proper maintenance of the exterior of the building and grounds.

14.34.410 High Impact Service Organizations.

Service Organizations that are classified to be High Impact uses may be permitted by the Planning Commission through the issuance of a conditional use permit, subject to the following conditions:

(2) Parking lots shall be lighted sufficiently to provide safety to customers.

(3) In determining conveniently located parking, the Planning commission shall consider:

(a) The visibility of the parking area from the building and the street.

(b) The lighting, existing physical development, and landscaping around the parking.

(4) Buildings to be used for service organization uses shall have frontage on an arterial or collector road or have access to said road within four hundred (400) lineal feet.

(5) No service organization shall be located closer than four hundred (400) feet to any public elementary, or secondary school, or park measured in a straight line from the property line.

(6) Miscellaneous service organizations shall not be located closer than two hundred (200) lineal feet from a residential zone and must be bordered on all sides by a commercial zone including across public streets.

(7) Designated off-street parking shall be located no closer than one hundred (100) feet from a residential zone.

(8) Service Organization management shall be responsible for the following:

(a) Parking lots, grounds, and premises shall be closed and vacated within thirty (30) minutes of closing of the service organization.

(b) The service organization operator shall be responsible for the control of loitering, noise, conduct of clients and litter in and around parking areas.

(9) The Service Organization shall not exceed the noise limitations set forth in Chapter 9.06, Provo City Code. If a complaint is verified by the Police Department that a noise disturbance exists in violation of any provision of Chapter 9.06, Provo City Code, this shall serve as prima facie evidence of a violation of this condition of approval.

(10) The Service Organization shall perform routine and proper maintenance of the exterior of the building and grounds.

14.34.420 Low Power Radio Communication Towers and Antennas.

(Enacted 1996-46, Am 1998-06, Am 1999-01, Am 1999-29, Am 2000-02, Am 2001-36, Am 2007-35, Am 2010-31, Rep 2020-53)

14.34.440 Second Kitchen in One-Family Dwellings.

(1) The existence of more than one (1) kitchen in a one-family dwelling unit is prohibited, except as otherwise provided in this Section.

(2) Two (2) kitchens, but no more than two (2), are permitted in any residence in which an accessory dwelling unit legally exists in compliance with the requirements of Chapter 14.30 (Accessory Dwelling Units), Provo City Code, including a valid, current rental dwelling license.

(3) In a one-family dwelling unit without an accessory dwelling unit, one (1) or more additional kitchen(s) are allowed only if the property is in an A1, RA, R1, or RC zone, including a Performance Development Overlay (PD) zone used in combination with these zones, and if all of the following requirements are met:

(a) The dwelling unit has only one (1) front entrance;

(b) The dwelling unit has only one (1) address;

(c) Interior access is maintained to all parts of the dwelling unit to ensure that an accessory apartment is not created. There may not be keyed or dead bolt locks, or other manner of limiting or restricting access from the additional kitchen(s) to the remainder of the dwelling unit;

(d) The dwelling unit has no more than one (1) electrical meter;

(e) The additional kitchen(s) are part of the primary dwelling structure or are installed in an accessory or “out” building, the use and occupancy limitations of this Section are met and no second dwelling unit or accessory apartment is established in the primary or accessory buildings;

(f) Residents of the dwelling unit allow, within reasonable hours, an inspection by Provo City staff upon request of the dwelling unit and any building accessory to the dwelling unit which has an additional kitchen in order to determine compliance with this Section;

(g) The dwelling unit owner signs a notarized agreement, on a form approved by Provo City, which provides that the dwelling unit, including any accessory building, may not be converted into two (2) or more dwelling units unless allowed by and in accordance with applicable provisions of this Title. The document must be recorded with the Utah County Recorder’s Office prior to issuance of a building permit;

(h) The owner of the dwelling unit limits the dwelling unit to family occupancy only; provided, however, that no additional unrelated persons, personal care providers, or personal service providers may be permitted to occupy a one-family residence that contains an additional kitchen; and

(i) Construction of any such kitchen meets the standards of the adopted building code and is done pursuant to the issuance of a Provo City building permit prior to commencing any construction or remodeling to accommodate the additional kitchen.

14.34.450 Elderly Persons - Extra Living Space.

(1) Notwithstanding any contrary provision of this Title, one (1) or two (2) persons age sixty (60) or older who own and occupy a one-family dwelling located in an A1, RA, R1, or RC zone may allow two (2) additional persons over eighteen (18) years old and their minor children to occupy extra living space in the dwelling, subject to the provisions of this Section. For the purpose of this Section “extra living space” means any area within an existing structure originally constructed as a one-family dwelling which is made available by a resident owner for occupancy by the additional persons described above.

(2) Extra living space within a dwelling shall not be occupied as described in Subsection (1) of this Section unless each owner of the dwelling registers with the Development Services Department as provided in this Section. A registration shall be valid only if each registrant:

(a) is age sixty (60) or older,

(b) owns and continuously occupies the one-family dwelling where the extra living space is located, and

(c) signs a notarized agreement, prescribed by Provo City, which provides that the dwelling unit will not be converted into two (2) or more dwelling units.

(d) For the purpose of this Subsection:

(i) “continuously occupied” means the person actually inhabits the dwelling and has no other residence, and

(ii) “owns” means each person over sixty (60) who occupies the one-family dwelling:

(A) possesses fee title, either individually or as a joint tenant, to the property where the one-family dwelling is located, or

(B) is a trustee of a trust that owns the property and was created for the benefit of such person.

(e) If two (2) persons together own and occupy the one-family dwelling, the registration shall be in the name of both persons.

(3) A dwelling with extra living space shall conform to the requirements of the zone where the dwelling is located, except as otherwise set forth in this Section. The following requirements shall also apply:

(a) Extra living space shall be located within the dwelling and not within a garage or any accessory structure.

(b) Interior access shall be maintained between the extra living space and other portions of the dwelling.

(d) No additional utility meters or outside entrances to the dwelling may be installed.

(e) City provided utilities and services, such as, but not limited to, power, sewer, water, and solid waste removal, shall be in the name of the property owner.

(f) The property address shall not be changed and no new address shall be created for the extra living space.

(g) The minimum number of parking spaces provided shall be as required by the zone where the dwelling is located, provided, however, that the number of off-street parking spaces shall be not less than the number of vehicles maintained on the premises.

(4) An application to register extra living space under this Section shall include the following:

(a) name and age of each registrant,

(b) address of the property where the dwelling with extra living space is located,

(i) copy of recorded deed, and

(ii) copies of any two (2) of the following documents which show the name of the registrant and the address of the property where the extra living space is located:

(A) voter registration card,

(B) Utah driver license, or

(d) a sworn affidavit by each registrant stating that the registrant:

(i) is age sixty (60) or older,

(ii) presently resides on the subject property, and

(iii) has no other residence,

(e) payment of any applicable fee shown on the Consolidated Fee Schedule adopted by the Municipal Council,

(f) any other information reasonably required to enforce the provisions of this Section, and

(g) the agreement described in Subsection 14.34.450(2)(c) of this Section. Such agreement shall include provisions by which each registrant:

(i) certifies, to the best of the registrant’s knowledge or belief, that the use and occupancy of the one-family dwelling conforms to applicable ordinance requirements, and

(ii) agrees to comply with the provisions of this Section and any other applicable provision of this Title or the Provo City Code.

(5) Upon receipt of a complete registration application and payment of any applicable fee shown on the Consolidated Fee Schedule adopted by the Municipal Council, and a determination that all the requirements of this Section have been met, the registration will be approved. Extra space within the dwelling may thereafter be occupied by not more than two (2) additional persons over eighteen (18) years old and their minor children.

(a) A health and safety inspection of the dwelling must be conducted as a condition of registration. The minimum health and safety requirements in Section 6.26.100, Provo City Code, must be met in order to qualify for registration.

(b) The registration shall expire in one (1) year from the date of acceptance and may be renewed upon:

(i) written certification by each registrant that the requirements of this Section have been met and will continue to be met during the new term of the registration, and

(ii) payment of any applicable fee shown on the Consolidated Fee Schedule adopted by the Municipal Council.

(6) A registration accepted pursuant to this Section:

(a) is personal to the registrant(s) to whom it is issued,

(b) shall not run with the land, and

(c) may be revoked upon noncompliance with the terms of this Section or any other applicable provision of the Provo City Code. Prior to revocation a registrant shall be entitled to an administrative hearing as set forth in Chapter 3.06, Provo City Code.

(7) Upon acceptance by the City of a proper registration, the registration and the agreement referenced in Subsection 14.34.450(2)(c) of this Section shall be recorded with the Utah County Recorder.

(8) Upon expiration or revocation of a registration, the occupancy of extra living space authorized by such registration shall be terminated and the one-family dwelling shall be occupied only as authorized in the zone where the dwelling is located. A kitchen located within extra living space may be retained as provided by the agreement described in Subsection 14.34.450(2)(c) of this Section. Upon reasonable notice, Provo City personnel shall inspect the premises to determine compliance with this Subsection.

(9) The Mayor may adopt any regulation which the Mayor deems necessary to enforce the provisions of this Section.

14.34.460 Police Satellite Stations as a Conditional Use.

(Enacted 1997-81, Rep 2020-53)

14.34.470 Standards for Assisted Living Facilities.

The following development standards shall apply to any assisted living facility within the City:

(1) Assisted living facilities are allowed in all residential zones, as well as the Professional Office (PO) and the Public Facilities (PF) zones.

(2) The facility shall conform to all building, safety, and health requirements of the Provo City Code applicable to similar structures and occupancy in the zone where the facility is located.

(3) The facility shall conform to all applicable standards and requirements of the Utah Department of Health or the Utah Department of Human Services and the owner/operator shall obtain all licenses required by the State to operate such a facility.

(4) The design of the facility and its landscaping shall reflect a residential character, rather than an office or institutional character, through the utilization of design features such as pitched roofs, gables, a mixture of materials, avoiding a bulkiness in the building, and similar architectural treatments.

(5) None of the foregoing conditions shall be applied or interpreted in any way to bar a reasonable accommodation where appropriate, nor to hinder compliance with:

(a) Title 57, Chapter 21, Utah Fair Housing Act, and applicable jurisprudence;

(b) The Fair Housing Amendments Act of 1988, 42 U.S.C. Section 3601 et seq., and applicable jurisprudence; and

14.34.480 Sidewalk Cafes.

Where permitted by the underlying zone, and notwithstanding the provisions of Chapters 9.15 and 15.12, Provo City Code, a sidewalk cafe shall be permitted if the following requirements are met:

(1) An applicant submits scaled plans demonstrating that the cafe will conform to the following development standards:

(a) At least six (6) feet of clear, unobstructed sidewalk width will remain available for pedestrian use.

(b) Sidewalk cafes shall be separated from the street by either a six (6) inch curb and two (2) foot setback or bollards every six (6) feet adjacent to a street.

(c) If a sidewalk cafe is designed to have more than one (1) row of tables and chairs, a non-sight-obscuring removable barrier not more than three (3) feet high enclosing the tables and chairs shall be constructed. Barrier gates shall not swing into the required unobstructed sidewalk area required in Subsection (1)(a) of this Section.

(d) Awnings associated with the cafe will be installed in accordance with the International Building Code. Umbrellas under seven (7) feet in height shall not extend into the required unobstructed sidewalk area required in Subsection (1)(a) of this Section.

(e) Signs associated with the cafe will be installed in accordance with provisions of the underlying zone. One (1) freestanding menu sign is permitted for each sidewalk cafe subject to the sign being located within the approved cafe area and being no more than six (6) square feet in size.

(f) Adequate facilities for the storage of trash generated by the cafe will be provided at a convenient location by the cafe owner(s) or operator(s).

(2) A revocable license from the City is executed that includes the following provisions:

(a) Insurance will be continuously maintained to adequately co-insure Provo City against any liability associated with the sidewalk cafe, as reasonably determined by the City. The insurance certificate shall name the City as an “additional insured.” Cancellation of such insurance shall require at least thirty (30) days prior notice to the City.

(b) Provo City, its officers, agents and employees, will be held harmless from any claims, causes of action, injuries, losses, damages, expenses, fees and costs, including attorneys’ fees, associated or arising from the operation of the cafe.

(c) The cafe owner and operator will be responsible for repair of any damage done to the public sidewalk due to the installation or removal of furnishings, barriers or other features of the sidewalk cafe.

(d) Hours of cafe use will be limited to not earlier than 6:00 A.M. and not later than 12:00 A.M. and will not exceed the operating hours of the associated eating or drinking establishment.

(e) Any music or entertainment shall meet the sound limitation requirements outlined in Chapter 9.06.

(f) The sidewalk cafe and surroundings will be maintained in a neat and clean condition at all times by the cafe owner(s) or operator(s).

(g) The Cafe owner and operator will remove cafe improvements if necessary for sidewalk repair or replacement, utility maintenance, or upon failure to comply with the terms of the agreement.

(h) Sidewalk cafes shall only be operated between March 1 and October 31. Furniture shall be removed from the right-of-way outside of these dates.

14.34.490 Canopies and Marquees.

Where permitted by the underlying zone, canopies and/or marquees may be extended over public sidewalks after a revocable license has been issued by the City in accordance with the conditions and procedures outlined below:

(1) Marquees or canopies may be supported by posts or columns that are attached to the ground within the public right-of-way, do not extend beyond the street curb line and provide a minimum of ten (10) feet of clearance for pedestrian passage.

(2) The licensee shall hold the City harmless on any and all damage to any property or person arising from the construction and maintenance of such canopies or marquees. Licensee shall assume and pay all costs of installation, maintenance, and removal of said canopy or marquee.

(3) The licensee shall agree to pay damages and hold the City harmless from any claim that may arise through the licensee’s use of public property for this purpose.

(4) Upon determination by the City that the license warrants revocation for any public cause, the licensee shall be provided a ninety (90) day written notice. Upon revocation all improvements must be removed from the public right-of-way at the full expense of the licensee. The City right-of-way shall be restored by the licensee at his own expense to a condition equivalent or better than that existing in the remainder of the block face, and to a condition satisfactory and acceptable to the City.

(5) Before a license shall be issued by the City, the design of the canopy or marquee and the materials used in the construction of said canopy or marquee shall first be reviewed by the Design Review Committee per the provisions of Section 14.34.280.

(6) The location of supporting columns or stanchions will not obstruct pedestrian traffic on the sidewalk, and will not materially affect existing landscaping or street furniture installations in the public right-of-way.

(7) All canopy or marquee installations will be in full conformance with the provisions of the latest edition of the International Building Code as adopted by Provo City and shall not be constructed until after the issuance of a building permit.

(8) Canopies or marquees shall remain open and unencumbered on three (3) sides except for required supporting columns, posts, or architectural features.

(9) In no event shall any portion of the public right-of-way be used for commercial storage, display, or other private use.

(10) The construction of any canopy or marquee under the provisions of this Section shall in no way deprive the public of use of the public right-of-way.

14.34.500 Fencing Standards for Residential Zones.

Fencing in the One-Family Residential (R1), Residential Conservation (RC), Very Low Density Residential (VLDR), Low Density Residential (LDR), Medium Density Residential (MDR), High Density Residential (HDR), Campus Residential (CR), Neighborhood Mixed-Use (NMU), and Mixed-Use (MU) Zones shall comply with the following standards:

(1) Structural fences seven (7) feet or less in height shall not require a building permit. Structural fences over seven (7) feet in height shall require a building permit from the Building Inspection Division. A structural fence or vegetative fence shall not create a sight-distance hazard to vehicular or pedestrian traffic as defined in Section 14.34.100, Provo City Code, and as determined by the Provo City Traffic Engineer. Fencing materials are limited to lumber, vinyl, chain-link, masonry, wrought iron and decorative metal, vegetation or other similar fencing materials. Pallets, scrap metal, tarps or other non-fencing materials are not permitted. Any fence, wall, gate, hedge or structure maintained in such condition of deterioration or disrepair as to constitute a nuisance or a hazard to persons or property shall be repaired or replaced. Standards for barbed wire and similar types of fences are listed in Section 9.14.020, Provo City Code.

(a) Front Yard. Solid walls, fences or hedges which are sight obscuring may be built to a maximum of three (3) feet in height in any required front yard perimeter. Such walls, fences, or hedges may slope upward to connect to a higher side yard fence. The length of a sloped fence section shall not exceed one (1) section or a maximum of ten (10) feet. Walls, fences or hedges which are not sight obscuring (at least fifty percent (50%) open) may be built to a maximum of six (6) feet in height in a front yard.

(b) Side Yard. Solid sight-obscuring fences or walls and non-sight-obscuring fences (at least fifty percent (50%) open) may be built to a maximum of seven (7) feet.

(c) Rear Yard. Walls and fences in a rear yard may exceed seven (7) feet; provided, that a building permit is first obtained from the Building Inspection Division prior to construction.

(d) Corner Lots. A fence not more than seven (7) feet in height may be constructed in a side yard adjacent to a public street on a corner lot, provided it does not extend into the clear vision area of a corner lot as defined by Section 14.34.100, Provo City Code.

(e) Entryways. Entry treatments to private driveways or subdivision development entrances may not exceed six (6) feet at the highest point, except lamps on pillars, and must comply with the provisions of Section 14.34.100, Provo City Code. Pillars shall be allowed to extend up to eighteen (18) inches above the allowable height of a fence; provided, that the pillars shall have a minimum spacing of no less than six (6) feet, measured face to face.

(f) Grade Differences. Where there is a difference in the grade of the properties on either side of a fence, wall or other similar structure, the height of the fence shall be measured from the natural grade of the property upon which it is located.

(g) Retaining Walls. Where a retaining wall protects a cut below or a fill above the natural grade and is located on the line separating lots or properties, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed.

(h) Privacy Walls. Privacy walls which project into a required front yard may be built to a maximum of three (3) feet.

(i) Double Frontage Lots. A fence or wall may be erected in the rear yard of a double frontage lot to a maximum of seven (7) feet if the rear yard fencing is common to the street, subject to staff review.

14.34.510 Design Standards for Recreational Vehicle and Boat Sales Lots.

(1) Purpose. The standards in this Section address the impacts that are unique to recreational vehicle and boat sales lots where permitted.

(2) Required Yards and Landscaping. Refer to the specific requirements of the applicable zone in which the use is located. The applicant shall submit a landscaping plan as part of the project plan approval process pursuant to Section 15.03.310, Provo City Code. Staff must approve the plan before implementation.

(a) Street Frontage. A decorative metal fence of at least two (2) feet in height but no more than six (6) feet in height shall be included in the landscaping buffer and shall be located within five (5) feet of the adjacent parking or display area to prevent parking or display in the required landscaping buffer.

(b) Side and Rear Lot Lines. Decorative metal fencing or decorative walls and landscaping on side or rear lot lines will be required where necessary as determined by the Planning Commission or its designee to prevent visual impacts on neighboring businesses, residential uses, and the streetscape.

(c) Chain link fencing is not permitted. The location of all fences shall be included on the landscaping plan required under Section 15.03.310, Provo City Code.

(4) Vehicle Display Area. The vehicle display area shall be limited to that area on site remaining after compliance with all parking and landscape requirements.

(5) Storage of Vehicles. Inventory vehicles shall be stored on paved surfaces. Long-term storage of noninventory vehicles shall be prohibited in the FC1 and SC3 zones.

(6) Vehicle Servicing and Maintenance. Servicing and maintenance of vehicles shall be allowed under the following conditions:

(a) All vehicle repair shall be conducted indoors. Any outdoor storage of repair materials shall meet outdoor storage requirements.

(b) If recreational vehicle and boat washing areas are provided, drainage systems shall comply with requirements set forth by the Public Works Department.

(7) Bay Door Location. No bay door within one hundred (100) feet of residential or public open space or right-of-way shall orient towards the residential/public space unless there is an intervening building between the bay door and the residential/public space.

(8) Parking. Parking must be provided according to the following ratios:

(a) Sales: one (1) space per eight hundred (800) square feet of enclosed floor area and one (1) space per five thousand (5,000) square feet of open sales area.

(b) Service: four (4) spaces per service bay.

(9) Lighting. Parking lot lighting and lighting on structures or signs shall be designed to minimize excessive glare and light trespass onto neighboring properties, and shall comply with the development regulations for lighting (Chapter 15.21, Provo City Code) and signage (Chapter 14.38, Provo City Code).

(10) Advertising. Signs that advertise a product, business, or service, or that direct people to a business or activity located on or near the site, are not permitted on the outside of vehicles. Signs that provide information about the vehicle, such as the year, make, model, or price, may be displayed on the outside of, or in the windows of, vehicles.

(11) Noise Amplification. Outdoor loudspeaker systems are prohibited.

14.34.520 Educational Services as a Conditional Use.

(Enacted 2020-08, Rep 2022-57)