(1) Purpose and Intent. The Provo City General Plan encourages the application of transportation demand management strategies to reduce traffic congestion and to lessen the amount of land that must be devoted to parking for commercial, industrial, or public facility uses. Accordingly, the purpose of this Section is to allow flexibility in off-street parking requirements for commercial, industrial, public facility, or multifamily residential uses based on the standards set forth herein. This Section shall not be used to reduce parking for baching single residential projects.

(2) Reduction in Off-Street Parking Based on a Transportation Demand Management (TDM) Program and a Parking Count Justification Study.

(3) Reduction in Off-Street Parking through Providing Increased Bicycle Parking Spaces. The Planning Commission may approve a reducing of the off-street parking otherwise required by this Chapter if an applicant for such a reduction demonstrates compliance with the bicycle parking space requirements in the table below.

Exception: When a multiple-family or apartment development project has received public funding that requires it to provide affordable housing to a target population (for a time period of at least thirty (30) years) and the developer enters into an agreement with Provo City to restrict occupancy in a manner that precludes unit occupancy by three (3) single persons, the off-street parking required for three (3) and four (4) bedroom units may be decreased by one (1) space per unit below the amount otherwise required. In addition, such developments shall provide one quarter (.25) spaces per unit visitor parking regardless of the type of street where the development project is located. The occupancy agreement shall, at a minimum, contain all of the following provisions:

(1) That the development project be designed so landscaped areas can be converted to provide additional parking areas, meeting the requirements of this Subsection, if the City determines the parking originally provided under this exception is inadequate. “Inadequate” shall mean the number of vehicles parked on the premises exceeds by ten percent (10%) the number of parking spaces provided, as shown on an approved project plan, at any time during a day for four (4) of seven (7) days.

(2) That the land area which would otherwise be allocated for parking, if this exception were not invoked, be improved with landscaping meeting City standards and including at least one (1) playground area with a reasonable amount of playground equipment.

(3) That in the event additional parking is required under Subsection 1, above, the developer shall provide the number of parking spaces required in order that parking may be deemed adequate as defined in Subsection 1.

(4) That in the event developer does not provide additional parking under Subsection 3, developer shall be deemed to have breached the agreement thereby authorizing City to cause that the number of vehicles parked on the premises be reduced so that the number of vehicles does not exceed the number of available parking spaces.

(5) That a financially responsible party be locally available to enforce provisions of the agreement.

(6) That binding community rules regarding occupancy, parking, other limitations and enforcement procedures be included in the agreement and that such rules be posted conspicuously on the premises.

(1) Location. Off-street parking facilities shall be located as hereinafter specified:

(2) Illumination. Any lights provided to illuminate any parking area permitted by this Chapter shall be arranged so as to reflect the light away from adjacent premises.

(3) Mixed Occupancies in the Building. In the case of mixed uses in the building or on a lot, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. Off-street parking facilities for one (1) use shall not be considered as providing required parking facilities for any other use, except as hereinafter specified for joint use.

(4) Joint Use. The Planning Commission may, upon application by the owner or lessee of any property, authorize the joint use of parking facilities by the following uses or activities under conditions specified herein.

(5) Common Facilities. Common parking facilities may be provided in lieu of the individual requirements contained herein, provided the total of such off-street parking spaces, when used together, shall not be less than the sum of the various uses computed separately. If the common facilities are located on more than one (1) lot, a covenant for the preservation of said parking facilities must be filed in accordance with the provisions of Section 14.37.110(1), Provo City Code.

(6) Submission of Plans. The plans for any proposed parking area or expansion of existing parking area shall be submitted to the Development Services Department for Project Plan Approval. The plans shall clearly indicate the proposed development, including location, size, shape, design, curb cuts, lighting, landscaping and other features and appurtenances of the proposed parking lot. As part of Project Plan Approval a bond will be required in an amount to be determined by the Engineering Department, to guarantee the completion of all improvements and conditions of Project Plan Approval.

(7) No Parking as an Accessory Use Unless a Permitted Use Is in Force. A parking area may be permitted or required in any zone as an accessory use to the principal permitted or conditional use existing on the same lot or parcel of property but such accessory use shall not be permitted in an RA, R1, RC, R2, or RM zone unless there is a principal use on the same parcel which the parking legitimately serves as an accessory use. This provision applies to parking as well as other uses listed in the Standard Land Use Code under use numbers 4600. For purposes of this subsection, a lot or parcel of property shall be defined as property shown in the official records of the Utah County Recorder as a separate piece of property with its own tax identification number.

(1) When asphalt surfacing is used, the pavement thickness of a public or private parking area shall be a minimum of two (2) inches of asphalt and six (6) inches of road base, except parking areas that contain more than forty (40) parking spaces shall be three (3) inches of asphalt with eight (8) inches of road base. When concrete surfacing is used, pavement thickness shall be a minimum of six (6) inches. When gravel surfacing is used, stones must be at least three-quarters (3/4) of an inch in diameter and secured in place with a paver grid to prevent tracking and outflow. Whenever a parking lot plan is required under this or any other title of the Provo City Code, a drawing showing a pavement cross section shall be included as part of the parking lot plan submitted for City review. All parking and driveway surfaces must be able to support a vehicle of at least seventy-five thousand (75,000) pounds.

(2) Accessible parking spaces and walkways shall be built with only the following materials: asphalt, concrete, or brick pavers.

(3) Except for single-family residential, public and private parking areas shall be designed with wheel stops, approved by the Planning Commission or its designee, located in a manner so as to prevent any portion of a parked vehicle from extending over a property line, sidewalk or landscaped area (to prevent damage to vegetation). Manufactured wheel stops are preferred. All curbing shall be maintained in a functional and safe manner.

(4) Except for single-family residential, public and private parking areas shall be striped before use to clearly demarcate required parking spaces. Said striping shall be maintained in functional condition as dictated by climatic conditions and usage. Striping shall be at least three (3) inches wide and shall consist of white or yellow paint designed for this purpose.

(5) Where visitor parking is required, each such space shall be clearly identified by the use of signage or painting of the curb or pavement surface. Such signage or painting shall include the words “Visitor Parking Only” and shall be sized and routinely maintained to ensure readability. The property owner shall enforce the “Visitor Parking Only” requirements of this Title.

(6) Driveways serving public and private parking lots shall be constructed with a grade not to exceed fifteen percent (15%).

(1) All parking spaces shall have minimum dimensions as indicated by Table 14.37.100-1. Requests for parking angles other than those shown on Table 14.37.100-1 may be approved by the City Engineer.

(2) When a garage or carport is provided to meet the parking requirements of this Title, there shall be 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 built obstructions.

(3) Backing space shall be provided for parking areas which are composed of four (4) or more spaces so that cars need not back into a public street or alley. Public sidewalks shall not be permitted to be used as part of the required backing area.

(4) Acute angle parking, one (1) degree to eighty-nine (89) degrees, shall be designed for one (1) way traffic only.

(5) Separate exits shall be provided for acute angle and one (1) way parallel parking of four (4) or more spaces so that cars need not exit by backing onto a street or alley.

(6) When providing access to a garage, carport, or parking area having fewer than four (4) parking spaces, a driveway shall be a minimum of twelve (12) feet in width. Said driveway shall provide paved access to a public street.

(7) In the case of permitted uses in A1, RA, R1, VLDR, LDR, and NMU zones, when used for access to a garage, carport, or parking area having four (4) or more parking spaces, a driveway shall be a minimum of twelve (12) feet in width for one (1) way traffic, or sixteen (16) feet in width for two (2) way traffic.

(8) In the case of conditionally permitted uses in all residential zones, and all uses in commercial, professional office, public facility and industrial zones, when used for access to a garage, carport, or parking, loading or operations area having four (4) or more parking spaces, a driveway shall be a minimum of twelve (12) feet in width for one (1) way traffic and twenty (20) feet in width for two (2) way traffic.

(9) Tandem parking (front to rear) shall not be permitted, except for a one-family dwelling, one-family dwelling associated with an accessory living space, and a two-family dwelling when the front and back spaces in each tandem parking area are both designated to serve the same dwelling unit, and the number of covered spaces required in the respective zone are located behind the front setback.

(10) No parking lot as required in this Chapter shall be constructed or maintained or allowed within one hundred (100) feet of the closest bank of the Provo River at any location where the adjacent property to the River is part of the floodplain.

(11) In calculating the required parking for any given use, if the number of required parking ends in a fraction, the number shall be rounded up to the next whole number.

(12) Required parking for multiple residential development shall not be rented, leased or otherwise utilized by another residential unit or development with the intent of increasing the occupancy of said unit.

(13) Additional back-up area, such as a hammerhead, shall be provided at the end of a dead-end parking aisle. (Refer to Figure 14.37.100(d) at the end of this Section.)

(14) Sub-grade parking structures shall have a maximum average grade of not more than fifteen percent (15%) measured from property line to the finished floor of the structure to ensure adequate sight distance, safe, and accessible parking in all weather conditions.

(15) Parking located adjacent to walls must be one (1) foot wider to accommodate door opening clearance and vehicle maneuverability. Parking located adjacent to columns (e.g., parking structures) also must be one (1) foot wider except for columns placed within four (4) feet of the front or back of a stall. Parking located in a corner adjacent to a parking row must be two (2) feet wider. The stall width must be clear width measured from inside column to inside column. The backup area in carports and parking structures must be twenty-six (26) feet minimum from supporting column to supporting column. Parking spaces must be free of obstructions. The Development Services Director may reduce the requirements of this Subsection based upon a finding that:

(16) Subject to the provisions of Subsection (16)(a) of this Section, the parking design standards set forth in Subsections (1) to (15) of this Section may be reduced for a nonconforming one-family detached dwelling or one-family detached dwelling constructed on a nonconforming lot to allow expansion of the dwelling or establish an accessory apartment.

(c) A design standard reduction for a new driveway, garage, carport or parking area, other than a replacement for an existing improvement as set forth in Subsection (16)(b) of this Section, shall not be permitted unless a variance is approved by the Board of Adjustment as provided in Chapter 14.05, Provo City Code.

(1) Short-Term Bicycle Parking. Short-term bicycle parking serves trips less than two (2) hours in length such as errands and quick activities. Short-term racks may be placed on sidewalks, in front of stores, or within parking structures and shall not obstruct pedestrian movements, ADA accessibility, or block doors. Short-term racks shall be placed no more than fifty (50) feet from the main building entrance. Unless given approval from Provo City Planning, only the following racks shall be used for short-term parking: bike docks, inverted U racks, post and ring racks, stadium racks, and bike corrals. All racks shall be spaced a minimum of thirty-six (36) inches away from any other fixed object (including other bike racks) and twenty-four (24) inches from the curb to allow easy loading and unloading. Short-term racks should be weather-protected by siting racks under existing structures when possible. Short-term racks shall be secured to the ground by mounting them below the grade in concrete, or using either concrete spikes or concrete wedge anchors to mount them into existing concrete, asphalt, pavers, or similar hardscaping.

(2) Long-Term Bicycle Parking. Long-term bicycle parking provides bicycle storage for stays longer than two (2) hours, all day for a work commuter, or even overnight. Long-term facilities shall protect the entire bicycle against theft and inclement weather, including snow and wind-driven rain. Only the following shall be counted as long-term bicycle parking: bike rooms, dedicated parking areas, or bicycle lockers. All racks shall be spaced a minimum of thirty-six (36) inches away from any other fixed object (including other bike racks) to allow easy loading and unloading. All long-term parking facilities must be on the ground level of the building, accessible with an elevator, or inside a ramped garage. Users shall not be expected to carry their bicycle over stairs to use the parking facility.

(1) All structures which are required by the provisions of the International Building Code to have adaptations which assist access by disabled persons shall, in addition, provide off-street parking for disabled persons as described below. The provisions described below are minimum requirements, which for good cause, may be altered or increased by the Planning Commission.

(2) Parking spaces required:

(3) Parking spaces for the disabled shall be set aside and identified with signs for use by individuals with physical disabilities.

(4) Parking spaces identified for the disabled shall be a minimum of eight and one-half (8 1/2) feet wide and shall be located as near as possible to the main public or primary entrance of a single building or centrally located where practical in parking lots that serve more than one (1) building.

(5) Parking spaces shall include a protected passenger loading zone five (5) feet wide to one side of the parking space which has direct access to a hard surfaced walkway either by a level surface or a curbed ramp. One (1) van accessible space shall be provided for each eight (8) accessible spaces required. Van accessible spaces shall include a protected passenger loading zone eight (8) feet wide to one (1) side of the parking space which has direct access to a hard surfaced walk-way either by a level surface or a curbed ramp.

(6) A parking space passenger loading zone shall be clearly marked by colored diagonal markings four (4) inches wide and six (6) inches apart painted over the finished surface of the loading zone area.

(1) Prior to the issuance of a building permit for any multiple residential project over two (2) dwelling units, a contract must be entered into between Provo City and the developer agreeing to a determined occupancy based on a given number of parking spaces. This contract will be recorded with the Utah County Recorder’s office and will run with the property.

(2) Prior to the issuance of a Certificate of Occupancy for new multiple residential dwelling units a permanent notice must be placed on the electrical box within each unit indicating the maximum allowable occupancy of each unit based on the approved occupancy consistent with the recorded parking and occupancy contract. This notice must be a six (6) inch by six (6) inch (6" X 6") metal or plastic plate that is permanently attached to the electrical box with minimum one-half (1/2) inch engraved letters.

(3) Upon submittal of these documents any violation to the restrictions and regulations noted therein will be considered a misdemeanor offense and will be subject to criminal action as provided in Section 1.03.010, Provo City Code.