Provo City Zoning Code
14.49 SDP
Specific Development Plan Overlay Zone Requirements
14.49.010 Purpose and Intent.
(1) The purpose of the Specific Development Plan (“SDP”) Overlay zone is to create a regulatory tool to implement Specific Development Plans adopted as part of the City’s General Plan. This Chapter creates a broad policy framework for enacting unique overlay zone regulations for each geographic area where a Specific Development Plan is adopted.
(2) Specific development plans describe in more detail the type of development planned for a specific area than is typically found in General Plan, zone map, or public facilities plan. The plan is adopted through a consensus-based process involving property owners, neighbors, key stake-holders, and City officials. An SDP Overlay zone for a given area is written specifically to bring about the goals and objectives of an adopted Specific Development Plan. The regulations and development standards of a Specific Development Plan Area Overlay zone may vary from the standards of the underlying zone with which it is combined.
(3) As specific development plan overlay zone districts are adopted they will be listed in Section 14.49.100 of this Chapter. Specific regulations for each specific development plan overlay zone area shall be numbered sequentially as 14.49A, 14.49B, etc., when particular specific development plan overlay zones are created.
(4) It is the City’s intent to use specific development plan overlay zones to encourage imaginative and efficient utilization of land, to develop a sense of community, and to insure compatibility with the surrounding neighborhoods and environment. It is also the City’s intent to provide land use and design standards that are tailored to a specific geographic area so that development outcomes are more predictable; provide greater compatibility with surrounding land uses than what may occur with conventional zoning; protect significant natural resources and avoid development on lands subject to natural hazards; and coordinate the development and design of properties, including large-scale facilities.
(5) Both the regulations of this Chapter, as well as the regulations contained in each plan district shall apply to a given specific development plan overlay zone area.
14.49.020 Use in Combination.
(1) The Specific Development Plan Overlay zone may be used in combination with existing conventional zones as designated herein, and the provisions of the SDP Overlay Zone shall become supplementary to the provisions of the zone with which it is combined. The SDP Overlay zone shall not be applied to a land area as an independent zone. Property to which an SDP Overlay zone has been applied shall be developed only in conformance with an approved specific development plan. When used in combination with one (1) of the zones designated in Subsection (2), a Specific Development Plan Overlay zone shall become a suffix to the designation of the zone with which it is combined and shall be shown in parenthesis on the Provo City zone map. The first such overlay zone shall be designated (SDP-1), the second (SDP-2), the third (SDP-3) and so on.
(2) The SDP Overlay zone may be combined with the following zones: RA, R1, R2, LDR, MDR, HDR, PO, SC1, SC2, SC3, CG, MP, M1, M2, PIC, R&BP, and SSC.
14.49.030 Variations to Underlying Zone Permitted.
Upon combining an SDP Overlay zone with an appropriate existing zone, variations from the development standards of said underlying zone may be permitted provided the variations are specifically adopted as part of an approved specific development plan or approved supporting documents. Variations from the underlying zone shall only be considered for the purpose of achieving better design.
14.49.040 Specific Development Plan Overlay Zone Maps.
A Specific Development Plan Overlay zone shall include the following plan maps:
(1) A boundary map shall be prepared for every Specific Development Plan Overlay zone. The boundary map, based on parcel boundaries or other surveyed boundaries, shall be used to delineate areas of the zoning district that lie within the City’s boundaries on the official zone map. The zone map shall identify such areas as “SDP”, and shall include the name of the specific development area plan area.
(2) A conceptual development plan based on an adopted or proposed specific development plan shall accompany each application for rezoning to an SDP Overlay zone.
14.49.050 Specific Development Plan Overlay Zone Text.
Each Specific Development Plan Overlay zone ordinances shall include the following provisions and standards:
(1) The name and purpose of zone. This section shall describe the zone in sufficient detail as to clarify the purpose and intent of the SDP Overlay zone regulations.
(2) A review and approval process consisting of three (3) elements as follows:
(a) Approval of a Specific Development Plan, including maps, text, and conceptual development plan for the site in question;
(b) Approval of an SDP Overlay Zone text and map amendment to implement the plan and the rezone the property;
(c) Approval of a detailed development plan, subdivision, performance development, or condominium plat, if applicable.
(3) An approval process which refers to each section of the General Plan, Title 14 (Zoning), or Title 15 (Land Use and Development) which contains the approval process for each element in the specific development plan.
(a) An application for a specific development plan shall be processed as an amendment to the General Plan following the procedures set forth in Section 15.17.040, Provo City Code.
(b) Applications for an SDP Overlay Zone text and map amendments shall be processed following the procedures set forth in Section 14.02.020, Provo City Code.
(c) An application for project development plan, subdivision, or condominium shall be processed following the procedures set forth in Sections 15.03.310, 15.04.090, and 15.06, Provo City Code.
(4) Permitted land uses. This section shall identify permitted, conditional, and accessory land uses.
(5) Land use standards. This section shall specify any required land use conditions (i.e., land use mix, density, buffering, etc.), and the review procedure required to review and approve each land use (design review, project plan review, conditional use, etc.). The criteria set forth in Section 14.49.060, Provo City Code, shall be used in creating land use standards.
(6) Lot standards. This section shall specify requirements for new lots such as lot area, dimensions, and density, as applicable.
(7) Building setbacks. This section shall provide setback standards for front, side and rear yards, as applicable.
(8) Design standards. The design standards set forth in Chapter 14.34, Provo City Code, shall apply to all specific development plan zones. In addition, each such zone shall include design standards to address building heights, building orientation, common and private open space, natural resource protection, architectural design, and any other provisions unique to the district. The criteria set forth in Section 14.49.060, Provo City Code, shall be used in creating land use standards.
(9) Building height. This section shall establish building height standards.
14.49.060 Exceptions to Development and Design Standards After Adoption of Plan and Zone.
When a specific development plan is adopted and the subject property has been placed in an SDP Overlay Zone the development plan and development standards associated the zone shall be strictly construed. No variations shall be made from the development plan and standards adopted in the zone unless expressly approved by the Planning Commission for the purpose of achieving better design. In taking such action the Planning Commission shall:
(1) make a finding that the amendment will result in better design; and
(2) be bound by the standards set forth in the text of the applicable SDP zone which governs the development plan.
14.49.070 Criteria for Establishing Specific Development Plan Overlay Zones.
Adoption of an SDP Overlay zone shall conform to the following standards and procedures:
(1) A Specific Development Plan zone shall be adopted by ordinance after approval of an amendment to the General Plan Chapter 6, Urban Growth and Land Use, adopting a Specific Development Plan for a given area; except that only a land use zone change shall be required when the specific area plan is consistent with the General Plan. General Plan amendments shall comply with the procedures set forth in Chapter 15.17, Provo City Code; except that applications for Specific Development Plan General Plan amendments may be made at any time.
(2) In order to approve an SDP Overlay zone the following findings shall be made:
(a) The zone is necessary to provide land use or design standards tailored to a specific geographic area and development program that cannot otherwise be provided through conventional zoning.
(b) The zone provides equal or greater compatibility with surrounding land uses than what would likely occur with conventional zoning.
(c) The zone provides equal or greater protection to sensitive lands than what would likely occur with conventional zoning.
(d) The zone avoids incompatible development on lands subject to natural hazards.
(e) The zone promotes efficient land use by allowing housing and commercial development at densities that are appropriate for the area, and more or less equal to densities that would be allowed with conventional zoning.
(f) The zone provides more or less equal or greater opportunities for alternative modes of transportation, such as walking, bicycling, transit, than what would likely occur with conventional zoning by:
(i) Encouraging or requiring significant mixed use development where appropriate.
(ii) Providing a master plan with direct and convenient pedestrian and bicycle connections between all land uses; and
(iii) Providing for transit service where applicable.
(3) Except as set forth in the following Subsections, the design standards of Chapter 14.34.280(3), Provo City Code, shall apply to all development. In addition, each SDP Overlay zone shall provide development design standards that are more or less equal to or greater than the standards that would be required with conventional zoning.
(a) If the design standards of an SDP and Chapter 14.34.280(3) conflict, SDP Overlay zone standards shall prevail.
(b) When an SDP Overlay zone is proposed in a corridor where specific design guidelines have been adopted under 14.34.290, the standards contained in 14.34.290 shall prevail.
14.49.080 Amendments to an SDP Overlay Zone.
14.49.090 Reversion of Zoning.
(1) An approved project plan or preliminary project plan shall be in effect for all SDP zones within two (2) years after the approval of an SDP Overlay zone. If a project plan has not been approved within two (2) years after a Specific Development Plan Overlay zone has been applied to a specific property, the Planning Commission shall initiate a rezoning action to revert such property to the zone existing thereon prior to the establishment of the SDP zone.
(2) If an approved project plan or preliminary project plan expires, a rezoning action to revert said zone shall be initiated.
14.49.100 Specific Development Plan Zones Adopted.
The following Specific Development Plan Overlay zones have been adopted:
(1) Village at Riverwoods Specific Development Plan Overlay zone, denominated as (SDP-1). See Chapter 14.49A, Provo City Code.
(2) Country Club Villas Overlay zone, denominated as (SDP-2). See Chapter 14.49B, Provo City Code.
(3) Residential Agricultural Specific Development Plan Overlay zone, denominated as (SDP-3). See Chapter 14.49C, Provo City Code.
(4) Lakeview Fields Specific Development Plan Overlay zone, denominated as (SDP-4). See Chapter 14.49D, Provo City Code.
(5) Villages at Celebration Specific Development Plan Overlay zone, denominated as (SDP-5). See Chapter 14.49E, Provo City Code.