Research and Business Park Zone
(1) The purpose of the Research and Business Park (R&BP) zone is to provide an aesthetically attractive working environment exclusively for and conducive to the development and protection of offices, research and development institutions, and certain specialized light manufacturing establishments. The general categories of uses allowed within this zone are more limited than other commercial or manufacturing zones. These restrictions are based on operating characteristics and land use impacts rather than type of service or product. The essential purpose of this district is to achieve development in a park-like setting that is an economic asset to the owners, neighbors, and the community. This zone is more restrictive than other commercial and manufacturing zones in the City in order to have buildings which have architectural excellence, grounds which have an abundance of landscaping, and land uses which do not create air, ground, noise, and water pollution. The zone may be located adjacent to quality residential development and must be properly screened and beautified to create the highest degree of compatibility. The zone should always be located adjacent to collector or arterial streets. The zone is to be characterized by attractively designed buildings and off-street parking lots situated among spacious lawns, shrubs, and trees which give a “park-like” appearance. It is not the intent of this Chapter that an R&BP zone should become a catalyst for strip commercial development around its perimeter. Unless the General Plan calls for a Commercial Center near the park’s boundary, commercial development shall not be allowed, particularly where the park is surrounded by residential development.
(2) Objectives. The purpose of this Chapter is to establish rules, regulations, standards, and procedures for approval of all Research and Business Parks in order to:
(a) Strengthen and sustain the economic potential of the City and to create jobs.
(b) Advance and promote sound growth and the general welfare.
(c) Implement the adopted policies of the Provo City General Plan.
(d) Ensure efficient, safe, and aesthetic land development.
(e) Provide a unique work environment that will attract skilled and professional people.
(f) Provide a work place that is architecturally and aesthetically pleasing and compatible with the surrounding residential areas.
(g) Preserve existing natural resources and give proper consideration to the physical constraints of the land.
(h) Provide for safe and efficient vehicular and pedestrian circulation.
(i) Provide for compliance with appropriate design standards to ensure adequate light and air, proper building arrangements, and minimum adverse effect on surrounding property.
(j) Ensure the provision of adequate water supply, drainage and stormwater management, sanitary facilities, and other utilities and services.
(k) Develop proper safeguards to minimize the impact on the environment, including but not limited to air and water pollution, hazardous waste contamination, noise levels, soil erosion and sedimentation.
(1) Only those uses or categories of uses listed herein will be permitted. Questions of whether a use is permitted or not shall be decided by the Planning Commission after the Park’s Board of Directors has had an opportunity to make a recommendation.
(2) Permitted Principal Uses. The following principal uses are permitted in the R&BP zone:
(a) Research Services - (including laboratories, scientific, medical, chemical, applied physics, mechanical, electronic, biological, genetic or other similar experimental research, product development or testing facilities)
(b) Professional, Business, and Administrative offices - not principally dealing with the general public. For example, corporate headquarters.
(c) Communications - including radio and television broadcasting (studios only), telephone company offices, recording and sound studios, motion picture studio.
(d) Data Processing Services.
(e) Finance, Insurance, and Real Estate Services.
(f) Religious activities.
(3) Permitted Secondary Uses. The following secondary activities which support or are accessory to the primary activities, are permitted subject to the development and performance standards and conditions set forth herein. When located in the same building with another main use, secondary uses shall not occupy more than forty nine (49%) of the total leasable floor space.
(a) Support and maintenance shops for the above uses.
(b) Concessions and services which are provided for the convenience of the occupants of the buildings including, but not limited to corporate lodging, restaurants, and retail uses incidental to and in support of the above permitted uses; provided they are located within a main building and there is no exterior evidence of such accessory uses such as signs or display windows.
(c) Printing, publishing and allied industries.
(d) Storage activities and warehouse facilities are permitted only as part of a primary activity, and shall comprise less than fifty percent (50%) of the activity’s floor space.
(e) Day Care Center.
(f) Off-street Parking and Parking Structures incident to the above building uses.
(g) Recreation facilities such as parks, swimming pools, gymnasiums, tennis courts, athletic fields, or similar activities.
(4) Conditional Uses. The following uses and structures are permitted in the R&BP zone only after a Conditional Use Permit has been issued, and subject to the terms and conditions thereof.
(a) Light Manufacturing uses shall include fabricating, processing, testing, assembling, packaging, and manufacture of products which have a high value in relation to bulk, from previously prepared materials, but not including uses involving primary production of wood, metal, petroleum, or chemical products from raw materials. Such operations shall not deal in large volumes of product handling, storage and distribution; nor shall such operations include on-site milling, forging, or heavy grinding of parts or similar manufacturing operations.
(b) Marketing, Telemarketing, and Advertising Services.
(c) Other Similar and Compatible Uses. Other similar uses not specifically listed above may be approved by the Planning Commission, with the issuance of a conditional use permit, upon findings that the proposed use most closely fits within one of the listed categories, and that any expected impacts will be no greater than that of other uses listed.
(d) Police Protection and related activities, branch (Office only)
(e) 4715 Low Power Radio Communication Towers and Antennas (Subject to 14.34.420)
The permitted uses enumerated above shall not be construed to include, either as a main or accessory use, any of the following uses. This list of prohibited uses is not exhaustive, but is intended to be illustrative of the types of uses which are not allowed.
(1) Terminals, including truck or bus terminals, and other distribution facilities.
(2) Food Processing operations except as incidental to permitted restaurant or cafeteria operations.
(3) Sand, gravel, and other extraction mining.
(4) Manufacturing and assembly operations except as otherwise provided.
(5) Repair establishments.
(6) Junk or salvage yards.
(7) Liquor Stores.
(8) Cabinet and Carpenter shops.
(9) Plumbing or sheet metal shops.
(10) Petroleum storage, sales, processing or production.
(11) Retail Sales except as otherwise specified.
(1) Overall unity of site design shall be accomplished through:
(a) Architectural harmony of buildings and structures.
(b) Design integration of the common open space system and storm drainage system.
(c) Unifying themes in an overall landscaping plan, showing landscaped areas, as well as species, size, and numbers of plant materials.
(d) Unified design of street furniture, such as street signs, poles, light standards and luminaries, pedestrian benches, bus shelters, project entrances, perimeter fencing, pavement treatment, plazas, and handicapped curb ramps; housings for power facilities, telephone service boxes, and grouped mail box stanchions; illumination of buildings, outdoor sculptures and statuary, decorative fountains, walkway railings and steps.
(e) All uses except surface parking, recreational activities and utilities shall be conducted within a completely enclosed building. All storage of product and material used shall be in a completely enclosed building constructed with the same exterior finish as the main building. Refuse collection shall be conducted in a completely enclosed building constructed with the same exterior finish as the main building.
(f) All utilities shall be placed underground.
(g) All mechanical equipment incidental to any building, including roof mounted mechanical equipment, shall be totally enclosed or screened so as to be an integral part of the architectural design of the building to which it is attached or related.
(h) Loading operations shall either be conducted within the building or be screened so as to not be visible from a public street, and conducted in such a way that in the process of loading or unloading, no vehicle will block the passage of other vehicles on the service drive or extend into any other public or private drive or street used for traffic circulation.
(1) Tract Area. The minimum size of any tract zoned and developed for a Research and Business Park shall be twenty (20) acres.
(2) Lot Area. The minimum size of any lot shall be two (2) acres.
(3) Perimeter Buffer Yards facing an existing or dedicated exterior access road shall be not less than fifty (50) feet in depth.
(a) Screening in this buffer yard shall be accomplished with a landscaped berm at least six (6) feet in height.
(4) Perimeter Buffer Yards adjoining a residential zone boundary shall be not less than twenty-five (25) feet deep if screened with a decorative masonry wall at least six (6) feet high; and if not screened with a decorative wall, such yards shall be not less than one hundred (100) feet deep with landscaped berms at least six (6) feet in height.
(a) In yards where a screening wall is used, there shall be at least ten (10) feet of landscaping on the residential zone side, and at least fifteen (15) feet of landscaping on the business park side. Both areas of landscaping shall be maintained by the Business Park.
(5) Buffer Yard Along Provo River. A landscaped buffer yard one hundred (100) feet wide (measured back from the high water mark of each bank) shall be provided and maintained along the banks of the Provo River. This buffer area, if wooded, shall remain wooded, and if open, shall be planted with a mix of trees, grass, and shrubs to allow for adequate screening of view, noise and other activities.
(6) Building Setbacks. Buildings on all lots shall be set back a minimum of forty (40) feet from any dedicated street right-of-way line and twenty (20) feet from any other property line (except one hundred (100) feet when abutting a residential zone boundary).
(7) Floor Area Ratio. Maximum development within the R&BP zone shall not exceed thirteen thousand (13,000) square feet of gross floor space per net acre (excluding streets). This equates to a floor area ratio of 0.30. However, the developer may request up to an additional three thousand (3,000) square feet of floor space per acre if at least fifty percent (50%) of the off-street parking is placed within a parking structure. This would equate to a floor area ratio of 0.37. In addition, the floor area ratio does not include basements, provided that this area is used for mechanical and/or dead storage only. If the basement is used for anything other than the above mentioned uses, then it will be included in the floor area ratio. A deed restriction shall be recorded on the property stipulating the intended use of the basement. This document must be recorded prior to final occupancy of the building. This area may also be excluded from the parking calculations if the area is less than one-half (1/2) the building foot print.
(8) Required Open Space. All building and parking areas on any lot shall not occupy more than sixty percent (60%) of the total area of the lot. The remaining portion of the lot, not to be less than forty percent (40%), shall be landscaped.
(9) Height. No building shall be constructed to a height exceeding three (3) stories with a maximum height of sixty (60) feet. Buildings which are constructed on parcels adjacent to a residential zone shall be constructed to a height not exceeding two (2) stories with a maximum height of thirty-five (35) feet, unless, pursuant to the issuance of a conditional use permit, upon findings for good cause, the Planning Commission finds that a taller building would not adversely affect the character, views, value, and peaceful enjoyment of surrounding properties in and outside the park. Such may be the case when a park is located next to an existing residential area with more permissive height limitations.
(10) Lot Width. Minimum lot width shall be one hundred (100) feet.
(11) Minimum Lot Frontage. Each lot or parcel of land in the R&BP zone shall abut a public street for a minimum distance of fifty (50) feet; however, lots or parcels with lesser frontage, or no frontage, on a public street may be created as part of an approved and recorded Record of Survey Plat which meets the standards and requirements of this Chapter.
(12) Minimum Perimeter Street Frontage. The R&BP tract shall have a minimum of one hundred (100) foot frontage on a public arterial street.
(13) Buildings Per Lot. More than one (1) main building may be placed on a lot.
(14) Building Separation. A separation of at least twenty (20) feet shall be maintained between buildings.
(1) In the R&BP District, no primary or secondary use shall be so conducted as to cause the discharge of any harmful waste materials into or upon the ground; into or within any sanitary or storm sewer system; into or within any water system or water; or into the atmosphere; and no use or activity shall be conducted or permitted which is dangerous or offensive to persons or property by reason of the creation of a fire, explosion, or other physical hazard, or by reason of air pollution, odor, smoke, noise, dust vibration, radiation, or fumes. In addition, no use shall be permitted or conducted where the same creates a public or private nuisance.
(2) Without limiting the generality of the preceding paragraph, the following specific standards shall apply in the R&BP zone:
(a) Incineration. There shall be no incineration on any site of any waste material.
(b) Vibration. There shall be no activity on any site which causes ground vibration which is perceptible, without instruments, at the boundary line of the lot.
(c) Air Pollution. There shall be no emission on any site of air pollutants in excess of levels permitted by the Utah Bureau of Air Quality. Water vapor is not considered a pollutant. The normal venting of a building shall not be prohibited.
(d) Noise. In no event shall the peak intensity of sound exceed a sound level in excess of the following noise limits:
(i) Continuous and intermittent noises shall not exceed 85 dBA during the day, and 55 dBA during the night. “Day” shall be from 7 a.m. to 10 p.m. “Night” shall be from 10 p.m. to 7 a.m. All measurements shall be taken in accordance with the Provo City Code governing Public Disturbances.
(e) Wastes. The quality and nature of industrial wastes shall not overburden the public sewage disposal facilities or cause odor and unsanitary effects beyond the property line. Nor shall such wastes be discharged into the ground, or any surface or subsurface waterways. Disposal of all hazardous wastes shall comply with all applicable federal and state Regulations. Sewage shall also comply with all local, state, and federal regulations.
(f) Stormwater. Stormwater management shall be incorporated into the development plans so that the rate of storm water runoff from the sites will not be increased as a result of the proposed development; the facilities shall be designed to control the storm water runoff from at least a twenty five (25) year return frequency storm as certified by a professional engineer.
(1) Parking Spaces Required. Off-street parking shall be provided at the ratio of four (4) spaces per one thousand (1,000) square feet of gross building floor area, plus one (1) space for each company car parked overnight on the premises.
(2) Traffic and Parking Management Plan. The park covenants, conditions and restrictions shall include policies for a traffic and parking management plan aimed at encouraging the use of public transportation and car pooling among the park’s employees.
(3) Parking Layout and Construction Standards. All parking spaces, parking areas and driveways must be constructed in accordance with standards established in 14.37.090, 14.37.100 and 14.37.110.
(4) Parking Setbacks. All parking areas shall be set back a minimum of twenty-five (25) feet from all dedicated public streets and ten (10) feet from all other property lines. Where possible, parking areas shall be located to the rear of the building(s).
(5) Screening of Parking Areas. A landscaped berm at least five (5) feet high (maximum slope of 1:2.5), or massed plantings of sufficient height shall be utilized to screen and buffer parking and loading areas from adjoining public access streets and lots.
(6) Interior Parking Lot Landscaping. A ten (10) foot wide landscape strip shall be provided between every double loaded row of parking. Planting islands shall be provided throughout the lot at the ends of parking rows. These strips and islands are to be planted with shade trees, low shrubs, and ground cover. Landscaping shall be used to define circulation routes and separate traffic on site for safety, as well as aesthetic purposes.
(7) Structured Parking. Any structured park-in above the finished ground elevation shall have the same setback requirements as outlined for buildings, and shall be architecturally integrated through use of the same or similar materials, colors, rhythm, landscaping, etc.
(8) Structure Height. Freestanding parking structures shall comply with the same height requirements for main buildings.
(9) Emergency Access. Suitable access for emergency equipment shall be provided to all buildings and areas.
(10) Primary Access. Local residential streets shall not be used for access to an R&B Park. Access must be from a designated collector or arterial street. Internal circulation shall be developed and maintained according to a traffic circulation street plan for the entire R&B Park. Such a circulation plan shall be submitted as part of the project plan.
(a) Lot Access. R&BP parking lots shall not have direct access to arterial or collector highways, except when recommended by the Provo City Engineering Department to facilitate traffic flow in the area. Construction of a dedicated street to an arterial or collector highway shall be done by the developer in connection with the development of the R&B Park and the traffic circulation street plan.
See Chapter 15.20, Provo City Code.
All signage shall be installed and maintained in accordance with the standards contained herein and with the standards included in the Park’s private covenants, conditions and restrictions. The owners of the park and/or buildings will submit a signage plan to the Planning Commission and Park Design Review Committee for approval prior to the installation of any signs.
(1) Only the following signs shall be permitted:
(a) Identification Signs. One (1) identification sign displaying the name and address only may be installed at each entrance to the park. Such signs shall not exceed sixty-four (64) square feet in sign copy area, although the monument may be larger. Such signs shall be set back from street right-of-way lines at least twenty-five (25) feet. This is to be a monument sign on footings and foundation, and shall be an integrated architectural feature of the Park. Pole mounted signs shall not be permitted. Backlit or spot lighting of the sign face is permissible.
(b) Monument Signs. One (1) free stand-in monument identification sign shall be permitted per lot frontage on interior streets. Such signs shall not exceed thirty-two (32) square feet in area. Their maximum height above street grade shall not exceed five (5) feet. Such signs shall be set back from street right-of-way lines at least twenty-five (25) feet.
(c) Building Wall Signs. One (1) building wall identification sign shall be permitted for each building and shall be installed below the roof line. Such signs shall not exceed thirty-two (32) square feet in total area as measured by a rectangle around the outside of the lettering and/or the pictorial symbol and calculating the area enclosed by such a line. The sign shall not project more than twelve (12) inches from the face of the building. Painted wall signs shall not be permitted. Only back-lit electronic signs shall be permitted. Non-illuminated or back-lit awnings shall not be permitted.
(d) Real Estate Signs. One (1) temporary sign constructed to advertise the sale or lease of a facility, shall be permitted per tract or lot frontage, and shall not exceed an area of six (6) square feet per lot frontage and thirty-two (32) square feet per tract frontage.
(e) Construction Project Signs. One (1) sign may be erected per park frontage in conjunction with construction projects and used for the purpose of publicizing the future occupants of the building or park. No such sign shall exceed an area of thirty-two (32) square feet and shall be removed before a final inspection is granted by the Building Inspector.
(f) Directional Signs. Directional signs may be erected for the purpose of facilitating or controlling the efficient or safe movement of pedestrians or vehicles on or into private property, and shall be located on the properties to which they pertain. No such sign shall exceed six (6) square feet in area and three (3) feet in height.
(1) Walls and Fences. It is the intent of these standards to create an “open, park-like atmosphere”; therefore, fencing of individual lots in the R&B Park is prohibited. Decorative walls or fencing shall be provided as a visual screen around the perimeter of the Park as provided in Section 14.44.050(4), Provo City Code, and/or open waterways; details for which shall be submitted at the time of project plan for approval.
(2) Performance Bonds. A Surety Bond meeting City standards shall be posted with Provo City to guarantee completion of all street improvements, landscaping, utilities, and improvements to common areas within phases or on individual lots being submitted for final approval.
(1) Concurrent with any request to rezone property to the R&BP zone, a preliminary project plan as required by Chapter 15.03.300, Provo City Code, shall be submitted to the Provo City Planning Commission.
(2) The preliminary project plan shall be submitted to the Municipal Council with any necessary zone change.
(3) Prior to the construction of any building or structure in the R&BP zone, a project plan shall be submitted and approved. Said plans may be submitted in units or phases, shall be drawn to scale, and shall include all information required in Section 14.02.090, Provo City Code, as well as plans for all signs. The developer shall also furnish the City with title insurance for all streets deeded or dedicated to the City in order to guarantee clear title to all public rights-of-way.
(4) Failure to submit a project plan within two (2) years of the approval of the preliminary project plan shall be sufficient cause for the Planning Commission to initiate a review of the R&BP zoning and the preliminary plan to determine if the prior approvals should be reversed.
The Planning Commission shall recommend approval or denial of the zoning petition and preliminary development plan to the Municipal Council. The recommendation of the Planning Commission may contain conditions, limitations, or amendments to the preliminary development plan to insure that the Research and Business Park is integrated into its surroundings and serves the public interest to the greatest extent possible. The Commission shall be guided in its decision by the policies of the General Plan and the standards and conditions of this Chapter. The Planning Commission shall also review and approve any request for a Conditional Use Permit as provided in Sections 14.44.020(3), and 14.44.050(9), Provo City Code. Approval of a conditional use shall be subject to the standards contained in Section 14.02.040, Provo City Code.
The Municipal Council after holding a public hearing may approve or disapprove a petition for a Research and Business Park zone. The Council shall be guided in its decision by the policies of the General Plan and the standards and conditions of this Chapter.
(1) Prior to or in conjunction with submission of a final development plan for the first building or first phase of any R&BP development, a Declaration of Covenants, Conditions and Restrictions for said development shall be submitted to and be approved by the Provo City Planning Commission and shall be recorded with the County Recorder of Utah County. Said declaration shall contain guarantees for the perpetual maintenance of all common open spaces within the R&BP development, and shall assure compliance with the following standards to promote the health, safety, general welfare and property value within the development and in the general area.
(2) The following assurances and standards shall be included within the Declaration of Covenants, Conditions, and Restrictions recorded in conjunction with any R&BP development:
(a) The declaration shall include management policies for any common open spaces within the development, setting forth the quality of maintenance to be performed and what entity will be responsible for the perpetual maintenance of said spaces. These management policies, as a minimum, shall contain the following:
(i) The establishment of an association or corporation responsible for all maintenance, which shall levy the cost thereof as an assessment to each of the owners of land parcels or units within the R&BP development.
(ii) The establishment of a management committee with provisions setting forth the number of persons constituting the committee, the method of selection, and the powers and duties of said committee; and including the person, partnership, or corporation with property management expertise and experience who shall be designated to manage the maintenance of the common area and facilities in an efficient and quality manner.
(iii) The method of calling a meeting of the members of the corporation or association with the members thereof that will constitute a quorum authorized to transact business.
(iv) The method for maintenance, repair, and replacement of common areas and facilities, and distribution of costs thereof.
(v) The method for maintenance of all private streets and private utilities and acknowledgment that such maintenance is the responsibility of the owners’ corporation or association.
(vi) The manner of collection from property or unit owners for their share of common expenses, and the method of assessment.
(vii) Provisions as to percentage of votes by property or unit owners which shall be necessary to determine whether to rebuild, repair, restore, or sell property in the event of damage or destruction of all or part of the project.
(b) There shall be a conveyance in the declaration of an open space easement over all common open spaces, restricting the area against any future building or use, except as approved in the preliminary project plan.
(c) The declaration shall contain provisions requiring owners of individual parcels of land or condominium units within the R&BP development to install landscaping to a standard at least equivalent to that established within the typical landscaping plan approved as an element of the preliminary project plan. Said landscaping must be installed within one (1) year of the issuance of Certificates of Occupancy for condominium units or buildings on individual parcels of property. Common area landscaping shall be installed with each phase.
(d) The Declaration shall provide for the creation and perpetual provision of an architectural committee, the number of members and composition of which shall be clearly stipulated. At least one (1) member of this committee shall be selected from the surrounding neighborhood by the Planning Commission. (To accomplish this, the Neighborhood District Executive Board shall submit a list of at least six (6) names of area residents to choose from). This provision shall provide for the approval by said architectural committee of all schematic project plans and elevations of all buildings and signs to be erected in the R&BP development prior to submission for project plan approval by Provo City. The declaration shall also establish design guidelines governing the appearance of the site, buildings, signs, lighting, landscaping, street furniture, fencing, and mechanical equipment.
(e) The declaration shall stipulate the method and procedure by which the declaration may be amended.
(f) The declaration shall specify the maximum percentage of lot area which will be occupied by buildings in the areas of each of the general land use categories as set forth in the approved preliminary project plan.
(g) The declaration shall specify the maximum building height approved by the Planning Commission.
(h) The declaration shall contain a Traffic and Parking Management Plan aimed at encouraging the use of mass transportation and car pooling among the park’s employees.
(i) The declaration may also contain use restrictions which are more restrictive than the City’s Zoning provisions, but in no case shall they be more permissive.
(j) The declaration shall state that, “Provo City by virtue of ownership of streets, utilities, rights-of-way and easements in and through the project shall be deemed to be an ’owner’, with full voting privileges, under the terms of this declaration and shall have authority and standing to initiate actions for enforcement of the provisions and standards herein which are deemed to be in the public interest.”
Research and Business Park Zone
(1) The purpose of the Research and Business Park (R&BP) zone is to provide an aesthetically attractive working environment exclusively for and conducive to the development and protection of offices, research and development institutions, and certain specialized light manufacturing establishments. The general categories of uses allowed within this zone are more limited than other commercial or manufacturing zones. These restrictions are based on operating characteristics and land use impacts rather than type of service or product. The essential purpose of this district is to achieve development in a park-like setting that is an economic asset to the owners, neighbors, and the community. This zone is more restrictive than other commercial and manufacturing zones in the City in order to have buildings which have architectural excellence, grounds which have an abundance of landscaping, and land uses which do not create air, ground, noise, and water pollution. The zone may be located adjacent to quality residential development and must be properly screened and beautified to create the highest degree of compatibility. The zone should always be located adjacent to collector or arterial streets. The zone is to be characterized by attractively designed buildings and off-street parking lots situated among spacious lawns, shrubs, and trees which give a “park-like” appearance. It is not the intent of this Chapter that an R&BP zone should become a catalyst for strip commercial development around its perimeter. Unless the General Plan calls for a Commercial Center near the park’s boundary, commercial development shall not be allowed, particularly where the park is surrounded by residential development.
(2) Objectives. The purpose of this Chapter is to establish rules, regulations, standards, and procedures for approval of all Research and Business Parks in order to:
(a) Strengthen and sustain the economic potential of the City and to create jobs.
(b) Advance and promote sound growth and the general welfare.
(c) Implement the adopted policies of the Provo City General Plan.
(d) Ensure efficient, safe, and aesthetic land development.
(e) Provide a unique work environment that will attract skilled and professional people.
(f) Provide a work place that is architecturally and aesthetically pleasing and compatible with the surrounding residential areas.
(g) Preserve existing natural resources and give proper consideration to the physical constraints of the land.
(h) Provide for safe and efficient vehicular and pedestrian circulation.
(i) Provide for compliance with appropriate design standards to ensure adequate light and air, proper building arrangements, and minimum adverse effect on surrounding property.
(j) Ensure the provision of adequate water supply, drainage and stormwater management, sanitary facilities, and other utilities and services.
(k) Develop proper safeguards to minimize the impact on the environment, including but not limited to air and water pollution, hazardous waste contamination, noise levels, soil erosion and sedimentation.
(1) Only those uses or categories of uses listed herein will be permitted. Questions of whether a use is permitted or not shall be decided by the Planning Commission after the Park’s Board of Directors has had an opportunity to make a recommendation.
(2) Permitted Principal Uses. The following principal uses are permitted in the R&BP zone:
(a) Research Services - (including laboratories, scientific, medical, chemical, applied physics, mechanical, electronic, biological, genetic or other similar experimental research, product development or testing facilities)
(b) Professional, Business, and Administrative offices - not principally dealing with the general public. For example, corporate headquarters.
(c) Communications - including radio and television broadcasting (studios only), telephone company offices, recording and sound studios, motion picture studio.
(d) Data Processing Services.
(e) Finance, Insurance, and Real Estate Services.
(f) Religious activities.
(3) Permitted Secondary Uses. The following secondary activities which support or are accessory to the primary activities, are permitted subject to the development and performance standards and conditions set forth herein. When located in the same building with another main use, secondary uses shall not occupy more than forty nine (49%) of the total leasable floor space.
(a) Support and maintenance shops for the above uses.
(b) Concessions and services which are provided for the convenience of the occupants of the buildings including, but not limited to corporate lodging, restaurants, and retail uses incidental to and in support of the above permitted uses; provided they are located within a main building and there is no exterior evidence of such accessory uses such as signs or display windows.
(c) Printing, publishing and allied industries.
(d) Storage activities and warehouse facilities are permitted only as part of a primary activity, and shall comprise less than fifty percent (50%) of the activity’s floor space.
(e) Day Care Center.
(f) Off-street Parking and Parking Structures incident to the above building uses.
(g) Recreation facilities such as parks, swimming pools, gymnasiums, tennis courts, athletic fields, or similar activities.
(4) Conditional Uses. The following uses and structures are permitted in the R&BP zone only after a Conditional Use Permit has been issued, and subject to the terms and conditions thereof.
(a) Light Manufacturing uses shall include fabricating, processing, testing, assembling, packaging, and manufacture of products which have a high value in relation to bulk, from previously prepared materials, but not including uses involving primary production of wood, metal, petroleum, or chemical products from raw materials. Such operations shall not deal in large volumes of product handling, storage and distribution; nor shall such operations include on-site milling, forging, or heavy grinding of parts or similar manufacturing operations.
(b) Marketing, Telemarketing, and Advertising Services.
(c) Other Similar and Compatible Uses. Other similar uses not specifically listed above may be approved by the Planning Commission, with the issuance of a conditional use permit, upon findings that the proposed use most closely fits within one of the listed categories, and that any expected impacts will be no greater than that of other uses listed.
(d) Police Protection and related activities, branch (Office only)
(e) 4715 Low Power Radio Communication Towers and Antennas (Subject to 14.34.420)
The permitted uses enumerated above shall not be construed to include, either as a main or accessory use, any of the following uses. This list of prohibited uses is not exhaustive, but is intended to be illustrative of the types of uses which are not allowed.
(1) Terminals, including truck or bus terminals, and other distribution facilities.
(2) Food Processing operations except as incidental to permitted restaurant or cafeteria operations.
(3) Sand, gravel, and other extraction mining.
(4) Manufacturing and assembly operations except as otherwise provided.
(5) Repair establishments.
(6) Junk or salvage yards.
(7) Liquor Stores.
(8) Cabinet and Carpenter shops.
(9) Plumbing or sheet metal shops.
(10) Petroleum storage, sales, processing or production.
(11) Retail Sales except as otherwise specified.
(1) Overall unity of site design shall be accomplished through:
(a) Architectural harmony of buildings and structures.
(b) Design integration of the common open space system and storm drainage system.
(c) Unifying themes in an overall landscaping plan, showing landscaped areas, as well as species, size, and numbers of plant materials.
(d) Unified design of street furniture, such as street signs, poles, light standards and luminaries, pedestrian benches, bus shelters, project entrances, perimeter fencing, pavement treatment, plazas, and handicapped curb ramps; housings for power facilities, telephone service boxes, and grouped mail box stanchions; illumination of buildings, outdoor sculptures and statuary, decorative fountains, walkway railings and steps.
(e) All uses except surface parking, recreational activities and utilities shall be conducted within a completely enclosed building. All storage of product and material used shall be in a completely enclosed building constructed with the same exterior finish as the main building. Refuse collection shall be conducted in a completely enclosed building constructed with the same exterior finish as the main building.
(f) All utilities shall be placed underground.
(g) All mechanical equipment incidental to any building, including roof mounted mechanical equipment, shall be totally enclosed or screened so as to be an integral part of the architectural design of the building to which it is attached or related.
(h) Loading operations shall either be conducted within the building or be screened so as to not be visible from a public street, and conducted in such a way that in the process of loading or unloading, no vehicle will block the passage of other vehicles on the service drive or extend into any other public or private drive or street used for traffic circulation.
(1) Tract Area. The minimum size of any tract zoned and developed for a Research and Business Park shall be twenty (20) acres.
(2) Lot Area. The minimum size of any lot shall be two (2) acres.
(3) Perimeter Buffer Yards facing an existing or dedicated exterior access road shall be not less than fifty (50) feet in depth.
(a) Screening in this buffer yard shall be accomplished with a landscaped berm at least six (6) feet in height.
(4) Perimeter Buffer Yards adjoining a residential zone boundary shall be not less than twenty-five (25) feet deep if screened with a decorative masonry wall at least six (6) feet high; and if not screened with a decorative wall, such yards shall be not less than one hundred (100) feet deep with landscaped berms at least six (6) feet in height.
(a) In yards where a screening wall is used, there shall be at least ten (10) feet of landscaping on the residential zone side, and at least fifteen (15) feet of landscaping on the business park side. Both areas of landscaping shall be maintained by the Business Park.
(5) Buffer Yard Along Provo River. A landscaped buffer yard one hundred (100) feet wide (measured back from the high water mark of each bank) shall be provided and maintained along the banks of the Provo River. This buffer area, if wooded, shall remain wooded, and if open, shall be planted with a mix of trees, grass, and shrubs to allow for adequate screening of view, noise and other activities.
(6) Building Setbacks. Buildings on all lots shall be set back a minimum of forty (40) feet from any dedicated street right-of-way line and twenty (20) feet from any other property line (except one hundred (100) feet when abutting a residential zone boundary).
(7) Floor Area Ratio. Maximum development within the R&BP zone shall not exceed thirteen thousand (13,000) square feet of gross floor space per net acre (excluding streets). This equates to a floor area ratio of 0.30. However, the developer may request up to an additional three thousand (3,000) square feet of floor space per acre if at least fifty percent (50%) of the off-street parking is placed within a parking structure. This would equate to a floor area ratio of 0.37. In addition, the floor area ratio does not include basements, provided that this area is used for mechanical and/or dead storage only. If the basement is used for anything other than the above mentioned uses, then it will be included in the floor area ratio. A deed restriction shall be recorded on the property stipulating the intended use of the basement. This document must be recorded prior to final occupancy of the building. This area may also be excluded from the parking calculations if the area is less than one-half (1/2) the building foot print.
(8) Required Open Space. All building and parking areas on any lot shall not occupy more than sixty percent (60%) of the total area of the lot. The remaining portion of the lot, not to be less than forty percent (40%), shall be landscaped.
(9) Height. No building shall be constructed to a height exceeding three (3) stories with a maximum height of sixty (60) feet. Buildings which are constructed on parcels adjacent to a residential zone shall be constructed to a height not exceeding two (2) stories with a maximum height of thirty-five (35) feet, unless, pursuant to the issuance of a conditional use permit, upon findings for good cause, the Planning Commission finds that a taller building would not adversely affect the character, views, value, and peaceful enjoyment of surrounding properties in and outside the park. Such may be the case when a park is located next to an existing residential area with more permissive height limitations.
(10) Lot Width. Minimum lot width shall be one hundred (100) feet.
(11) Minimum Lot Frontage. Each lot or parcel of land in the R&BP zone shall abut a public street for a minimum distance of fifty (50) feet; however, lots or parcels with lesser frontage, or no frontage, on a public street may be created as part of an approved and recorded Record of Survey Plat which meets the standards and requirements of this Chapter.
(12) Minimum Perimeter Street Frontage. The R&BP tract shall have a minimum of one hundred (100) foot frontage on a public arterial street.
(13) Buildings Per Lot. More than one (1) main building may be placed on a lot.
(14) Building Separation. A separation of at least twenty (20) feet shall be maintained between buildings.
(1) In the R&BP District, no primary or secondary use shall be so conducted as to cause the discharge of any harmful waste materials into or upon the ground; into or within any sanitary or storm sewer system; into or within any water system or water; or into the atmosphere; and no use or activity shall be conducted or permitted which is dangerous or offensive to persons or property by reason of the creation of a fire, explosion, or other physical hazard, or by reason of air pollution, odor, smoke, noise, dust vibration, radiation, or fumes. In addition, no use shall be permitted or conducted where the same creates a public or private nuisance.
(2) Without limiting the generality of the preceding paragraph, the following specific standards shall apply in the R&BP zone:
(a) Incineration. There shall be no incineration on any site of any waste material.
(b) Vibration. There shall be no activity on any site which causes ground vibration which is perceptible, without instruments, at the boundary line of the lot.
(c) Air Pollution. There shall be no emission on any site of air pollutants in excess of levels permitted by the Utah Bureau of Air Quality. Water vapor is not considered a pollutant. The normal venting of a building shall not be prohibited.
(d) Noise. In no event shall the peak intensity of sound exceed a sound level in excess of the following noise limits:
(i) Continuous and intermittent noises shall not exceed 85 dBA during the day, and 55 dBA during the night. “Day” shall be from 7 a.m. to 10 p.m. “Night” shall be from 10 p.m. to 7 a.m. All measurements shall be taken in accordance with the Provo City Code governing Public Disturbances.
(e) Wastes. The quality and nature of industrial wastes shall not overburden the public sewage disposal facilities or cause odor and unsanitary effects beyond the property line. Nor shall such wastes be discharged into the ground, or any surface or subsurface waterways. Disposal of all hazardous wastes shall comply with all applicable federal and state Regulations. Sewage shall also comply with all local, state, and federal regulations.
(f) Stormwater. Stormwater management shall be incorporated into the development plans so that the rate of storm water runoff from the sites will not be increased as a result of the proposed development; the facilities shall be designed to control the storm water runoff from at least a twenty five (25) year return frequency storm as certified by a professional engineer.
(1) Parking Spaces Required. Off-street parking shall be provided at the ratio of four (4) spaces per one thousand (1,000) square feet of gross building floor area, plus one (1) space for each company car parked overnight on the premises.
(2) Traffic and Parking Management Plan. The park covenants, conditions and restrictions shall include policies for a traffic and parking management plan aimed at encouraging the use of public transportation and car pooling among the park’s employees.
(3) Parking Layout and Construction Standards. All parking spaces, parking areas and driveways must be constructed in accordance with standards established in 14.37.090, 14.37.100 and 14.37.110.
(4) Parking Setbacks. All parking areas shall be set back a minimum of twenty-five (25) feet from all dedicated public streets and ten (10) feet from all other property lines. Where possible, parking areas shall be located to the rear of the building(s).
(5) Screening of Parking Areas. A landscaped berm at least five (5) feet high (maximum slope of 1:2.5), or massed plantings of sufficient height shall be utilized to screen and buffer parking and loading areas from adjoining public access streets and lots.
(6) Interior Parking Lot Landscaping. A ten (10) foot wide landscape strip shall be provided between every double loaded row of parking. Planting islands shall be provided throughout the lot at the ends of parking rows. These strips and islands are to be planted with shade trees, low shrubs, and ground cover. Landscaping shall be used to define circulation routes and separate traffic on site for safety, as well as aesthetic purposes.
(7) Structured Parking. Any structured park-in above the finished ground elevation shall have the same setback requirements as outlined for buildings, and shall be architecturally integrated through use of the same or similar materials, colors, rhythm, landscaping, etc.
(8) Structure Height. Freestanding parking structures shall comply with the same height requirements for main buildings.
(9) Emergency Access. Suitable access for emergency equipment shall be provided to all buildings and areas.
(10) Primary Access. Local residential streets shall not be used for access to an R&B Park. Access must be from a designated collector or arterial street. Internal circulation shall be developed and maintained according to a traffic circulation street plan for the entire R&B Park. Such a circulation plan shall be submitted as part of the project plan.
(a) Lot Access. R&BP parking lots shall not have direct access to arterial or collector highways, except when recommended by the Provo City Engineering Department to facilitate traffic flow in the area. Construction of a dedicated street to an arterial or collector highway shall be done by the developer in connection with the development of the R&B Park and the traffic circulation street plan.
See Chapter 15.20, Provo City Code.
All signage shall be installed and maintained in accordance with the standards contained herein and with the standards included in the Park’s private covenants, conditions and restrictions. The owners of the park and/or buildings will submit a signage plan to the Planning Commission and Park Design Review Committee for approval prior to the installation of any signs.
(1) Only the following signs shall be permitted:
(a) Identification Signs. One (1) identification sign displaying the name and address only may be installed at each entrance to the park. Such signs shall not exceed sixty-four (64) square feet in sign copy area, although the monument may be larger. Such signs shall be set back from street right-of-way lines at least twenty-five (25) feet. This is to be a monument sign on footings and foundation, and shall be an integrated architectural feature of the Park. Pole mounted signs shall not be permitted. Backlit or spot lighting of the sign face is permissible.
(b) Monument Signs. One (1) free stand-in monument identification sign shall be permitted per lot frontage on interior streets. Such signs shall not exceed thirty-two (32) square feet in area. Their maximum height above street grade shall not exceed five (5) feet. Such signs shall be set back from street right-of-way lines at least twenty-five (25) feet.
(c) Building Wall Signs. One (1) building wall identification sign shall be permitted for each building and shall be installed below the roof line. Such signs shall not exceed thirty-two (32) square feet in total area as measured by a rectangle around the outside of the lettering and/or the pictorial symbol and calculating the area enclosed by such a line. The sign shall not project more than twelve (12) inches from the face of the building. Painted wall signs shall not be permitted. Only back-lit electronic signs shall be permitted. Non-illuminated or back-lit awnings shall not be permitted.
(d) Real Estate Signs. One (1) temporary sign constructed to advertise the sale or lease of a facility, shall be permitted per tract or lot frontage, and shall not exceed an area of six (6) square feet per lot frontage and thirty-two (32) square feet per tract frontage.
(e) Construction Project Signs. One (1) sign may be erected per park frontage in conjunction with construction projects and used for the purpose of publicizing the future occupants of the building or park. No such sign shall exceed an area of thirty-two (32) square feet and shall be removed before a final inspection is granted by the Building Inspector.
(f) Directional Signs. Directional signs may be erected for the purpose of facilitating or controlling the efficient or safe movement of pedestrians or vehicles on or into private property, and shall be located on the properties to which they pertain. No such sign shall exceed six (6) square feet in area and three (3) feet in height.
(1) Walls and Fences. It is the intent of these standards to create an “open, park-like atmosphere”; therefore, fencing of individual lots in the R&B Park is prohibited. Decorative walls or fencing shall be provided as a visual screen around the perimeter of the Park as provided in Section 14.44.050(4), Provo City Code, and/or open waterways; details for which shall be submitted at the time of project plan for approval.
(2) Performance Bonds. A Surety Bond meeting City standards shall be posted with Provo City to guarantee completion of all street improvements, landscaping, utilities, and improvements to common areas within phases or on individual lots being submitted for final approval.
(1) Concurrent with any request to rezone property to the R&BP zone, a preliminary project plan as required by Chapter 15.03.300, Provo City Code, shall be submitted to the Provo City Planning Commission.
(2) The preliminary project plan shall be submitted to the Municipal Council with any necessary zone change.
(3) Prior to the construction of any building or structure in the R&BP zone, a project plan shall be submitted and approved. Said plans may be submitted in units or phases, shall be drawn to scale, and shall include all information required in Section 14.02.090, Provo City Code, as well as plans for all signs. The developer shall also furnish the City with title insurance for all streets deeded or dedicated to the City in order to guarantee clear title to all public rights-of-way.
(4) Failure to submit a project plan within two (2) years of the approval of the preliminary project plan shall be sufficient cause for the Planning Commission to initiate a review of the R&BP zoning and the preliminary plan to determine if the prior approvals should be reversed.
The Planning Commission shall recommend approval or denial of the zoning petition and preliminary development plan to the Municipal Council. The recommendation of the Planning Commission may contain conditions, limitations, or amendments to the preliminary development plan to insure that the Research and Business Park is integrated into its surroundings and serves the public interest to the greatest extent possible. The Commission shall be guided in its decision by the policies of the General Plan and the standards and conditions of this Chapter. The Planning Commission shall also review and approve any request for a Conditional Use Permit as provided in Sections 14.44.020(3), and 14.44.050(9), Provo City Code. Approval of a conditional use shall be subject to the standards contained in Section 14.02.040, Provo City Code.
The Municipal Council after holding a public hearing may approve or disapprove a petition for a Research and Business Park zone. The Council shall be guided in its decision by the policies of the General Plan and the standards and conditions of this Chapter.
(1) Prior to or in conjunction with submission of a final development plan for the first building or first phase of any R&BP development, a Declaration of Covenants, Conditions and Restrictions for said development shall be submitted to and be approved by the Provo City Planning Commission and shall be recorded with the County Recorder of Utah County. Said declaration shall contain guarantees for the perpetual maintenance of all common open spaces within the R&BP development, and shall assure compliance with the following standards to promote the health, safety, general welfare and property value within the development and in the general area.
(2) The following assurances and standards shall be included within the Declaration of Covenants, Conditions, and Restrictions recorded in conjunction with any R&BP development:
(a) The declaration shall include management policies for any common open spaces within the development, setting forth the quality of maintenance to be performed and what entity will be responsible for the perpetual maintenance of said spaces. These management policies, as a minimum, shall contain the following:
(i) The establishment of an association or corporation responsible for all maintenance, which shall levy the cost thereof as an assessment to each of the owners of land parcels or units within the R&BP development.
(ii) The establishment of a management committee with provisions setting forth the number of persons constituting the committee, the method of selection, and the powers and duties of said committee; and including the person, partnership, or corporation with property management expertise and experience who shall be designated to manage the maintenance of the common area and facilities in an efficient and quality manner.
(iii) The method of calling a meeting of the members of the corporation or association with the members thereof that will constitute a quorum authorized to transact business.
(iv) The method for maintenance, repair, and replacement of common areas and facilities, and distribution of costs thereof.
(v) The method for maintenance of all private streets and private utilities and acknowledgment that such maintenance is the responsibility of the owners’ corporation or association.
(vi) The manner of collection from property or unit owners for their share of common expenses, and the method of assessment.
(vii) Provisions as to percentage of votes by property or unit owners which shall be necessary to determine whether to rebuild, repair, restore, or sell property in the event of damage or destruction of all or part of the project.
(b) There shall be a conveyance in the declaration of an open space easement over all common open spaces, restricting the area against any future building or use, except as approved in the preliminary project plan.
(c) The declaration shall contain provisions requiring owners of individual parcels of land or condominium units within the R&BP development to install landscaping to a standard at least equivalent to that established within the typical landscaping plan approved as an element of the preliminary project plan. Said landscaping must be installed within one (1) year of the issuance of Certificates of Occupancy for condominium units or buildings on individual parcels of property. Common area landscaping shall be installed with each phase.
(d) The Declaration shall provide for the creation and perpetual provision of an architectural committee, the number of members and composition of which shall be clearly stipulated. At least one (1) member of this committee shall be selected from the surrounding neighborhood by the Planning Commission. (To accomplish this, the Neighborhood District Executive Board shall submit a list of at least six (6) names of area residents to choose from). This provision shall provide for the approval by said architectural committee of all schematic project plans and elevations of all buildings and signs to be erected in the R&BP development prior to submission for project plan approval by Provo City. The declaration shall also establish design guidelines governing the appearance of the site, buildings, signs, lighting, landscaping, street furniture, fencing, and mechanical equipment.
(e) The declaration shall stipulate the method and procedure by which the declaration may be amended.
(f) The declaration shall specify the maximum percentage of lot area which will be occupied by buildings in the areas of each of the general land use categories as set forth in the approved preliminary project plan.
(g) The declaration shall specify the maximum building height approved by the Planning Commission.
(h) The declaration shall contain a Traffic and Parking Management Plan aimed at encouraging the use of mass transportation and car pooling among the park’s employees.
(i) The declaration may also contain use restrictions which are more restrictive than the City’s Zoning provisions, but in no case shall they be more permissive.
(j) The declaration shall state that, “Provo City by virtue of ownership of streets, utilities, rights-of-way and easements in and through the project shall be deemed to be an ’owner’, with full voting privileges, under the terms of this declaration and shall have authority and standing to initiate actions for enforcement of the provisions and standards herein which are deemed to be in the public interest.”