Provo City Zoning Code
14.49B SDP-2
Country Club Villas Overlay Zone
14.49B.010 Purpose and Objectives.
The Country Club Villas (SDP-2) Overlay Zone describes a proposed residential development targeted toward housing for mature people fifty (50) years of age and older. Specifically, it introduces residential units that are individually owned and targeted toward mature housing. The standards set forth in this Chapter are intended to enhance the enjoyment of natural features and view corridors; to enhance the quality of the neighborhood through the redevelopment of the property to which this zone is applied; to promote efficient land use through moderate, but compatible residential densities; and to enhance the North University Riverbottoms Design Corridor.
14.49B.020 Compliance with Chapter 14.49 Required.
14.49B.030 Permitted Uses.
(1) Those uses or categories of uses as listed herein, and no others, are permitted in the Country Club Villas (SDP-2) Overlay zone.
(2) All uses listed herein are listed by number as designated in the Standard Land Use Code published and maintained by the Planning Commission. Specific uses are identified by a four (4) digit number in which all digits are whole numbers. Classes or groupings of such uses permitted in the zone are identified by a four (4) digit number in which the last one (1) or two (2) digits are zeros.
(3) All such categories listed herein and all specific uses contained within them in the Standard Land Use Code shall be permitted in the Country Club Villas (SDP-2) Overlay zone, subject to the limitations set forth in this Chapter.
(4) Permitted Principal Uses. The following principal uses and structures shall be permitted in the Country Club Villas (SDP-2) Overlay zone:
(5) Permitted Accessory Uses. Accessory uses and structures are permitted in the Country Club Villas (SDP-2) Overlay zone provided they are incidental to and do not substantially alter the character of the permitted principal use or structure. Such permitted accessory uses and structures include, but are not limited to, the following:
(a) Accessory uses such as recreational, personal and nursing services.
(b) Accessory buildings, such as greenhouses, gardening sheds, and gazebos, and similar structures which are customarily used in conjunction with, and incidental to, a principal residential use or structure;
(c) Swimming pools subject to the standards of Section 14.34.210, Provo City Code;
(d) Noncommercial vegetable and flower gardens and orchards;
(e) Home occupations subject to the regulations of Chapter 14.37, Provo City Code;
(f) Household pets, provided that no more than two (2) dogs and two (2) cats six (6) months of age or older shall be kept at any residence or commercial establishment at any time. Nothing herein shall be construed as authorizing the keeping of any animal capable of inflicting harm or discomfort or endangering the health and safety of any person or property.
(6) Conditional Uses. The following uses and structures are permitted in the Country Club Villas SDP-2 only after a conditional use permit has been issued and subject to the terms and conditions thereof.
Use No. | Use Classification |
|---|---|
Electric transmission right-of-way (identifies areas where the surface is devoted exclusively to the right-of-way of the activity) | |
Gas pipeline right-of-way (identifies areas where the surface is devoted exclusively to the right-of-way of the activity) | |
Gas pressure control stations | |
Water pipeline right-of-way (identifies areas where the surface is devoted exclusively to the right-of-way of the activity) | |
Irrigation distribution channels | |
Sewage pipeline right-of-way (identifies areas where surface is devoted exclusively to right-of-way activity) | |
Combination utilities right-of-way (identifies areas where surface is devoted exclusively to right-of-way activity) | |
Storm drain or right-of-way (predominantly covered pipes or boxes) |
14.49B.040 Single Ownership and Control.
The Country Club Villas (SDP-2) Overlay zone shall be in one (1) ownership or control during development to provide for full supervision and control of said development, and to insure conformance with the provisions of this Chapter and all conditions imposed upon any preliminary and final development plans approved for the property to which the Country Club Villas (SDP-2) Overlay zone may be applied.
(a) Mere development agreements between individuals shall not satisfy the single ownership and control requirement.
(b) Property subject to the single ownership and control requirement may be held by an individual, partnership, corporation, and other legally recognized entity.
(c) After property in the Country Club Villas (SDP-2) Overlay zone is developed, a homeowners association shall be organized and maintained as provided in the Utah Condominium Ownership Act.
14.49B.050 Lot Area.
14.49B.060 Residential Density.
The overall residential density in the Country Club Villas (SDP-2) Overlay zone shall not exceed sixteen (16) dwelling units per gross acre and shall be configured as shown on project development plans approved by the City.
14.49B.070 Residential Occupancy.
Occupancy within the Country Club Villas (SDP-2) Overlay zone shall be limited to family occupancy only, as defined by this Title; provided, however that the number of related or unrelated persons who constitute a family as set forth in Subparagraph (c) of the definition of “family” in Section 14.06.020, Provo City Code, shall be limited to two (2) persons only.
14.49B.080 Development Yard Requirements.
The following minimum yard requirements shall apply in the Country Club Villas (SDP-2) Overlay zone: (Note: All setbacks are measured from the property line.)
(1) Front Yard. The minimum front yard setback shall be thirty-five (35) feet.
(2) Side Yards. The minimum side yard setback for both sides shall be twenty (20) feet.
(3) Rear Yard. The minimum rear yard setback shall be twenty-three (23) feet.
14.49B.090 Projections into Yards.
(1) The following structures may be erected on or project into any required yard:
(a) Fences and walls in conformance with the Provo City Code;
(b) Landscape elements including trees, shrubs, agricultural crops, and other plants;
(c) Necessary appurtenances for utility service.
(2) The structures listed below may project into the front, side(s), or rear yard not more than six (6) feet:
(a) Accessory buildings and swimming pools;
(b) Cornices, eaves, belt courses, sills, buttresses, or other similar architectural features;
(c) Fireplace structures and bays, provided they are not wider than eight (8) feet and are generally parallel to the wall of which they are a part;
(d) Stairways, balconies, door stoops, fire escapes, awnings, and planter boxes or masonry planters.
(Enacted 2002-49)
14.49B.100 Building Height.
14.49B.110 Distance Between Buildings.
The minimum distance between two (2) main residential buildings shall be no closer than thirty (30) feet.
14.49B.120 Permissible Site Coverage.
All buildings and structures shall not cover an area of more than forty percent (40%) of the site upon which they are placed.
14.49B.130 Parking and Access.
(1) Each dwelling unit in the Country Club Villas (SDP-2) Overlay zone shall have on-site automobile parking sufficient to comply with the following requirements:
(a) Each unit shall have a minimum of two (2) spaces per unit plus one-quarter (1/4) visitor spaces per unit.
(2) Residential garages and carports: All residential units shall be provided at least one (1) covered parking space in the underground parking garage.
(3) All parking spaces shall be built as described in Section 14.37.090, Provo City Code, and shall be provided with paved concrete access from a public street.
(4) Parking spaces may be provided within the required front yard setback as approved by the Design Review Committee.
(5) No on-site recreational vehicle parking is permitted.
(6) Visitor and disabled parking spaces shall be signed and designated as such.
14.49B.140 Project Plan Approval/Design Review.
In addition to the specific development standards contained in this Chapter, areas zoned to the Country Club Villas (SDP-2) Overlay zone shall comply with the general criteria and enabling provisions contained in Chapter 14.49 and the provisions set forth in Section 14.34.280, Provo City Code. In addition, the following specific design standards shall apply to all development in the Country Club Villas (SDP-2) Overlay zone:
(1) General Transportation Requirements.
(a) Driveways shall be at least twenty-five (25) feet wide.
(b) Sidewalks shall be at least six (6) feet wide.
(2) General Building Requirements.
(a) Architecture shall be in harmony with permanent neighboring development.
(b) Roof shapes shall be hip, gable, or pyramid, and shall be appropriate to the architectural style.
(c) Building materials should be durable, and suitable for the design in which they are used. Acceptable materials are brick, stucco, stone, and wood.
(d) To the extent allowed by flood protection measures, the parking garages may be depressed below street grade.
(e) No trash, used materials, or wrecked or abandoned vehicles or equipment shall be stored in an open area.
(f) Light fixtures shall be provided at each building entry.
(3) General Landscape Requirements.
(a) Development shall be buffered from major arterial roads by the following landscape and screening features:
(i) A minimum twenty (20) foot wide yard landscaped with turf, trees, and shrubs, and a six (6) foot high decorative wall.
(ii) 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 gallon minimum, per three hundred (300) square feet of buffer yard.
(iii) Space between the roadway and property or street right-of-way line shall also be landscaped, subject to permission from the City or Utah Department of Transportation, as the case may be.
(b) Street trees shall be planted and maintained to improve and beautify the development. Street trees shall include a minimum of one (1) deciduous tree, two (2) inch caliper minimum, measured six (6) inches above grade or six (6) inches from the top of the root ball, per thirty (30) feet of street frontage.
(c) Parking areas shall be landscaped in accordance with landscaping plans approved as part of an approved project plan.
(d) Outdoor lighting plans shall conform to all regulations set forth in Chapter 15.21, Provo City Code.
(e) Refuse bins shall be stored in screened enclosures which are architecturally compatible in style and materials compatible with the character of the development. Bins shall no be visible from outside circulation routes, and shall not restrict vehicular movement or parking.
(4) Sign Requirements.
(a) One (1) monument sign not to exceed five (5) feet in height and thirty-two (32) square feet in area may be permitted on property in located in the Country Club Villas (SDP-2) Overlay zone. Such sign shall not be erected at any intersection improved for vehicular traffic within the triangular area formed by the property lines and their projections and a line connecting them at points twenty-five (25) feet from the intersections of the projecting property lines. The sign may not be illuminated internally, but may have an externally located light illuminating the sign.
(b) Two (2) signs identifying the name and/or address of the development may be placed at each vehicular entrance to property in the Country Club Villas (SDP-2) Overlay zone. Each such sign shall not exceed thirty-two (32) square feet and shall be attached to an ornamental masonry wall that is architecturally compatible with the overall development.
14.49B.150 Fencing Standards.
(1) Perimeter screening shall be established as needed to buffer protect adjacent property, as determined by the Planning Commission, and shall be shown on approved project plans. Provided, however, that perimeter screening shall not extend into any clear vision area as set forth in Section 14.34.100, Provo City Code.
(2) Perimeter screening may include a six (6) foot masonry or wood fence.
(a) Development entrance features shall not exceed six (6) feet at the highest point, except lamps on pillars, and shall comply with the provisions of Section 14.34.100, Provo City Code.
(b) Pillars may extend up to eighteen (18) inches above the allowable height of a fence, provided such pillars shall have a minimum spacing of no less than six (6) feet, measured face to face.
(3) Where the grade of property differs 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.
(4) The provisions of this Section shall not apply to fences for tennis courts, backstops, or patio enclosures if , as determined by the Zoning Administrator, such fences do not create a hazard or violate other sections of the Provo City Code.
14.49B.160 Notice of Parking and Occupancy Restrictions.
(1) Prior to the issuance of a building permit for any development in the Country Club Villas (SDP-2) Overlay zone, the City and developer shall enter into an agreement establishing occupancy based on the number of parking spaces provided. Such agreement shall be recorded with the Utah County Recorder and shall run with the land.
(a) Prior to the issuance of any building permit a copy of a recorded deed for the property shall be submitted which states the maximum allowable occupancy as a deed restriction.
(b) Attached to the deed shall be a document that separately lists the occupancy allowed on the property, deed restrictions, and any other use restrictions pertaining to parking, use, and occupancy of the property, such as use restrictions set forth in condominium covenants. Such document shall be signed, dated and notarized indicating the property owner acknowledges and agrees to the restrictions and regulations stated on the deed and attachments.
(2) Prior to the issuance of a Certificate of Occupancy for development in the Country Club Villas (SDP-2) Overlay zone, a permanent notice shall be placed on the electrical box within each dwelling unit indicating the maximum allowable occupancy therein based on the approved occupancy as set forth in the recorded parking and occupancy agreement. Such notice shall be located on a six inch by six inch (6" x 6") metal or plastic plate, in minimum one-half (1/2) inch engraved letters, and shall be permanently attached to the main electrical box.
(3) Upon submittal of the documents required by this Section, any violation of the restrictions and regulations noted therein shall be a misdemeanor offense and shall be subject to criminal action as provided in Section 1.03.010, Provo City Code.