Provo City Zoning Code

14.49E SDP-5

Broadview Shores Specific Development Plan Overlay Zone

14.49E.010 Purpose and Objectives.

(1) Broadview Shores is a residential/commercial mixed-use development set in the Lakeview area. This development is located between 1300 North and 2000 North, Geneva Road and Utah Lake. The development provides a large variety of housing types, ample open space, parks, trails and amenities throughout. A Village commercial center may include residential mixed-use, retail, office and service uses in a Village setting. Development shall align with Appendix C6 of the General Plan.

(2) A wide assortment of residential dwellings will provide diversity through a mixture of different building types and architectural forms while maintaining an overall architectural design theme. Each residential Village will be unique in character meeting the housing needs of various income groups, ages and lifestyles.

(3) The standards set forth herein are intended to encourage pedestrian movement within the neighborhoods and to reduce automobile use from residential areas to Village commercial uses. The commercial element will be designed to encourage a wide variety of retail and service uses on a smaller scale that would meet the needs of the surrounding neighborhoods and those in the general area.

14.49E.020 Compliance With Other Provisions Required.

In addition to the specific development standards contained in this Chapter, land areas placed in the Broadview Shores (SDP-5) zone shall conform to:

(1) The general criteria and enabling provisions contained in Chapter 14.49, Provo City Code; and

(2) Applicable provisions of Titles 14 and 15, Provo City Code.

14.49E.030 Permitted Uses.

(1) Those uses or categories of uses as listed herein, and no others, are permitted in the zone.

(2) Permitted Principal Uses. The following principal uses and conditional uses and structures, and no others, are permitted within the designated Villages as described. Commercial uses are permitted within the Village 7 only:

(a) Residential Uses. All residential uses are specifically allowed in the individual Villages as designated below. No accessory units or apartments are permitted.

P = Permitted Use, C = Conditional Use, N = Not Allowed
USE	Low Density Single-Family Villages 1, 3, 5	Medium Density Single-Family Villages 2, 4	Medium Density Single-Family, Multi-Family and Cluster Single-Family Villages 2, 4, 6, 7	High Density Multi-Family Villages 4, 6, 7

P = Permitted Use, C = Conditional Use, N = Not Allowed
USE	Low Density Single-Family Villages 1, 3, 5	Medium Density Single-Family Villages 2, 4	Medium Density Single-Family, Multi-Family and Cluster Single-Family Villages 2, 4, 6, 7	High Density Multi-Family Villages 4, 6, 7
RESIDENTIAL DWELLING TYPES
Single-Family Dwelling	P	P	P	P
Two-Family Dwelling	N	N	P	P
Three-Family Dwelling	N	N	P	P
Four-Family Dwelling	N	N	P	P
Accessory Apartment	N	N	N	C
Modular Home	P	P	P	P
Multi-Family Dwellings (>4 Dwelling Units)	N	N	P	P
Townhouses/Condominiums	N	N	P	P
PUBLIC/CIVIC USES
Churches (Places of Worship)	C	C	C	C
Golf Courses and Country Clubs	P	C	C	C
Parks, Playgrounds, Open Space, Trails and Greenways	P	P	P	P
Public/Civic Buildings	P	P	P	P
Schools	C	C	C	C
Sports Fields	P	P	P	P
UTILITIES
Electrical Substations and Power Transmission Lines, Municipal	P	P	P	P
Electrical Substations and Power Transmission Lines, Non-Municipal	C	C	C	C
Oil and Gas Transmission Lines	C	C	C	C
Public Utility Buildings, Lines, Structures and Rights-of-Way, Municipal	P	P	P	P
Public Utility Buildings, Lines, Structures and Rights-of-Way, Non-Municipal	C	C	C	C
OTHER USES
Adult Day Care	N	N	N	C
Agriculture (Horticulture)	P	P	P	P
Assisted Living Facility	N	N	N	C
Bed and Breakfast Inn	C	C	C	C
Child Day Care (Commercial)	N	N	N	C
Greenhouses (Private, as an Accessory Use)	P	C	C	C
Model Home	P	P	P	P
Residential Facilities for Elderly Persons	C	C	C	C
Rest Home, Nursing Home	N	N	N	C
Retirement Home/Retirement Center	N	N	N	C
Swimming Pools (Private)/Private Recreation Facilities	P	P	P	P
Temporary Construction Buildings and Yards (12 Months Maximum)	P	P	P	P
Temporary Sales Office (12 Months Maximum)	P	P	P	P

(b) Commercial Uses. All commercial uses listed below are permitted in the Village 7 only. All uses must be conducted within an enclosed building, except uses that are customarily conducted outdoors. Individual buildings within the center shall be limited to ground floor footprints no larger than fifteen thousand (15,000) square feet, except as approved by the Planning Commission through the issuance of a conditional use permit.

	Commercial Land Use Areas Village 7
RESIDENTIAL USES
Bed and Breakfast Inn	P
Dwelling Unit for Caretaker/Security Guard (must be within primary structure and not as an accessory unit)	C
High Density Residential	C
Mixed-Use Single-Family Residential and Commercial Structure/Project Complying With the Use and Development Standards	C
Mixed-Use Commercial and Residential	C
Nursing Home, Assisted Living	P
Retirement Home/Center	P
Single-Family Dwelling	C
PUBLIC/CIVIC USES
Churches (Places of Worship)	C
Cultural and Artistic Uses, Such as Museums, Galleries, Libraries, Performing Arts Studios	P
Parks, Playgrounds, Open Space, Trails and Greenways	P
Parking Lot or Parking Structure, Municipal or Joint Venture (Public/Private)	P
Public/Civic Buildings	P
Schools	C
Sporting Facilities, Arenas, Municipal	C
Sporting Facilities, Arenas, Non-Municipal	P
Sports Fields	P
COMMUNICATION AND UTILITIES
Communication Facilities and Towers	C
Electrical Substations and Power Transmission Lines, Municipal	P
Electrical Substations and Power Transmission Lines, Non-Municipal	C
Oil and Gas Transmission Lines	C
Public Utility Buildings, Lines, Structures and Rights-of-Way, Municipal	P
Public Utility Buildings, Lines, Structures and Rights-of-Way, Non-Municipal	C
COMMERCIAL/NONRESIDENTIAL USES
Accessory Buildings and Uses Incidental to an Authorized Use	P
Adult Day Care	C
Artisan Shop	P
Athletic Instruction, Including Dance, Gymnastics, and Martial Arts	P
Automobile Sales/Rental	C
Automobile Service and Repair	C
Building Maintenance Services	C
Building Materials Supply Store With No Outside Storage	P
Building Materials Supply Store With Outside Storage	C
Car Wash	P
Check Cashing, Title Loans and Other Credit Services	C
Commercial Laundries, Linen Service, Diaper Service	P
Commercial Parking Lot/Structure	P
Commercial Recreational Facility	P
Conference Center, Convention Center	C
Convenience Store, With or Without Gasoline Sales	P
Child Day Care (Commercial)	C
Construction Sales and Service	C
Construction Service	C
Equipment Sales and Rental	C
Financial Institutions and Services	P
Financial Institutions and Services With Drive-Through Facilities	P
Funeral Home	P
Furniture Repair	P
Hardware Store With No Outside Storage	P
Hardware Store With Outside Storage	C
Health Care Facility	P
Health Club	P
Heliport	C
Hotels and Motels	C
Hospital (Small Animal)	C
Laboratory, Medical, Dental, Optical	P
Launderette, Laundromat	P
Medical Research Facility	C
Medical and Dental Clinics	P
Model Home	P
Moving and Storage Facilities	C
Neighborhood Commercial/Retail Sales Including General Retail and Pharmacies (maximum 5,000 square foot bld. footprint or as approved by Planning Commission)	P
Nightclub	C
Offices, Professional	P
Offices, Warehouse	C
Outdoor Sales, Display and Storage (excluding junk yards and salvage yards)	C
Outdoor Storage of Materials, Products and Equipment Incidental to an Allowed Use (excluding junk yards and salvage yards)	C
Pawn Shops	C
Personal Services	P
Personal Services Including a Body Art Facility	C
Photofinishing Lab	P
Plant Nursery With Outside Display	P
Public Dance Hall	C
Race Tracks for Go-Carts, ATV and Motocross or Motorized Sports Recreational Facilities (includes private or commercial)	C
Recreational Vehicle Sales and Services	C
Regional Commercial/Retail Sales (minimum 10-acre site)	P
Restaurant	P
Restaurant, Fast Food With Drive-Up Window(s)	P
Research and Development Facilities	P
Retail Facilities and Services Accessory to a Principal Use	P
Retail Facilities and Services With Drive-Up Window(s)	P
Retail Sales, General and Goods Establishments Including General Retail, Department Store, Grocery Store, Drug Store, Variety Store	P
Rock Crushers	C
Schools – Vocational and Technical	P
Service Station	C
Storage-Mini (storage units)	C
Temporary Construction Buildings and Yards (12 months maximum)	C
Temporary Sales Office (12 months maximum)	P
Theater	P

(3) Permitted Accessory Uses. Accessory uses and structures are permitted in residential Villages provided they are incidental to, and do not substantially alter the character of the permitted principal uses or structures. Such permitted accessory uses and structures include, but are not limited to, the following:

(a) Accessory buildings such as garages, carports, bath houses, greenhouses, gardening sheds, recreation rooms, and similar structures which are customarily used in conjunction with, and incidental to, a principal use or structure;

(b) Swimming pools and incidental bath houses subject to the standards of Section 14.34.210, Provo City Code;

(d) Home occupations subject to the regulations of Chapter 14.41, Provo City Code;

(e) Storage of materials used for construction of a building, including the contractor’s temporary office; provided, that such use is on the building site or immediately adjacent thereto; and provided, further, that such use shall be permitted only during the construction period and thirty (30) days thereafter;

(f) Household pets, provided there shall be no more than two (2) such pets over the age of four (4) months per dwelling unit. 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.

14.49E.040 Architectural Design and Control.

The following criteria shall be followed:

(1) No vinyl or aluminum siding may be used, except for soffits, gutters, and window trim unless used for a design feature as part of an element of the overall design.

(2) Exterior building materials may consist only of stucco, stone, brick, Hardiboard siding, metal, wood trim, composition roofing, and other design features which are part of an element of the overall design.

14.49E.050 Table of Bulk and Intensity Requirements.

Lot density, minimum lot size and dimensions, and building height and floor area shall comply with the following:

	Low Density Single-Family Villages 1, 3, and 5	Medium Density Single-Family Villages 2, 4, 7	Medium Density Single-Family and Cluster Single-Family Villages 2, 4, 6, 7	Medium Density Multi-Family Villages 4, 6, 7	High Density Multi-Family Villages 4, 6

	Low Density Single-Family Villages 1, 3, and 5	Medium Density Single-Family Villages 2, 4, 7	Medium Density Single-Family and Cluster Single-Family Villages 2, 4, 6, 7	Medium Density Multi-Family Villages 4, 6, 7	High Density Multi-Family Villages 4, 6
Minimum Lot Size	Single-Family Dwelling 6,000 Sq. Ft. Other Allowed Uses 8,000 Sq. Ft.	Single-Family Dwelling 3,500 Sq. Ft. Other Allowed Uses 8,000 Sq. Ft.	Single-Family Dwelling 2,000 Sq. Ft. Other Allowed Uses 8,000 Sq. Ft.	Attached, Stacked, or Clustered Units With Density Controlling Number of Units Other Allowed Uses 8,000 Sq. Ft.	Attached, Stacked, or Clustered Units With Density Controlling Number of Units Other Allowed Uses 8,000 Sq. Ft.
Maximum Dwelling Units Per Acre	4.0	10	15	20	45
Minimum Lot Width	50 Ft.	32 Ft. Single-Family	30 Ft. Single-Family	NA	NA
Minimum Front Yard	9 Ft. to Porch/Living Space 20 Ft. to Garage From Back of Sidewalk Front Loaded Garage	9 Ft. to Porch/Living Space 18 Ft. to Garage From Back of Sidewalk Front Loaded Garage 2 Ft. Rear Load Garage	2 Ft. to Porch/Living Space 18 Ft. Driveway to Garage From Top Back Curb or Sidewalk 2 Ft. Rear Load Garage	NA	NA
Minimum Rear Yard (Interior Lots)	15 Ft. Front Loaded Garage 18 Ft. Driveway or 6 Ft. Rear Loaded Garage From Top Back Curb/Sidewalk	10 Ft. Front Loaded Garage 18 Ft. Driveway or 6 Ft. Rear Loaded Garage From Top Back Curb/Sidewalk	6 Ft. Front Loaded Garage 18 Ft. Driveway or 6 Ft. Rear Loaded Garage From Top Back Curb/Sidewalk	NA	NA
Minimum Front and Rear Yard (Perimeter)				15 Ft.	15 Ft.
Minimum Rear Yard (Corner Lots)	15 Ft. Front Loaded Garage 18 Ft. Driveway or 5 Ft. Rear Loaded Garage From Top Back Curb/Sidewalk	10 Ft. Front Loaded Garage 18 Ft. Driveway or 5 Ft. Rear Loaded Garage From Top Back Curb/Sidewalk	2 Ft. Front Loaded Garage 18 Ft. Driveway or 5 Ft. Rear Loaded Garage From Top Back Curb/Sidewalk	NA	NA
Minimum Side Yard	Residential Uses 5 Ft. Total Side Yards Not Less Than 10 Ft. Other Allowed Uses 20 Ft. Total Side Yards Not Less Than 40 Ft.	Residential Uses 0 Ft. Total Side Yards Not Less Than 5 Ft. Other Allowed Uses 20 Ft. Total Side Yards Not Less Than 40 Ft. All Buildings to Be a Minimum of 5 Ft. Between Homes.	Residential Uses 0 Ft. Total Side Yards Not Less Than 5 Ft. Other Allowed Uses 20 Ft. Total Side Yards Not Less Than 40 Ft. All Buildings to Be a Minimum of 5 Ft. Between Homes.	Residential Uses 0 Ft. Total Side Yards Not Less Than 10 Ft. Other Allowed Uses 20 Ft. Total Side Yards Not Less Than 40 Ft. All Buildings to Be a Minimum of 10 Ft. Between Buildings.	Residential Uses 0 Ft. Total Side Yards Not Less Than 10 Ft. Other Allowed Uses 20 Ft. Total Side Yards Not Less Than 40 Ft. All Buildings to Be a Minimum of 10 Ft. Between Buildings.
Minimum Side Yard (Corner Lot)	10 Ft.	5 Ft.	2 Ft.	NA	NA
Height	Max. 40 Ft. or 2 Stories. Min. 1 Story	Max. 40 Ft. or 2 Stories. Min. 1 Story	Max. 52 Ft. or 3 Stories. Min. 1 Story	Max. 52 Ft. or 5 Stories. Min. 1 Story	Max. 72 Ft. or 5 Stories. Min. 1 Story
Minimum Finished Floor Area per Residential Unit	1,000 Sq. Ft. (Ground Floor Not Less Than 850 Sq. Ft. on 2 Story Single-Family Detached Unit With Attached 2-Car Garage	900 Sq. Ft (Ground Floor Not Less Than 300 Sq. Ft. With Total of 1,300 Sq. Ft. Min. for Stacked Units)	900 Sq. Ft. (Ground Floor Not Less Than 300 Sq. Ft. With Total of 1,300 Sq. Ft. Min. for Stacked Units)	900 Sq. Ft. (Ground Floor Not Less Than 200 Sq. Ft. With Total of 1,000 Sq. Ft. Min. for Stacked Attached Units)	500 Sq. Ft.
Maximum Permissable Building Coverage on Lot	50%	60%	75%	80%	100%

(a) The following structures may be erected on or project into any required yard:

(i) Fences and walls in conformance with Section 14.49E.080, Provo City Code;

(ii) Landscape elements including trees, shrubs, agricultural crops, and other plants; and

(iii) Necessary appurtenances for utility services.

(b) The structures listed below may project into a yard setback not more than two (2) feet:

(i) Cornices, eaves, belt courses, sills, buttresses, or other similar architectural features;

(ii) Fireplace structures and bays, provided they are not wider than eight (8) feet, measured generally parallel to the wall of which they are a part; and

(iii) Stairways, balconies, door stoops, fire escapes, awnings, and planting boxes or masonry planter not exceeding twenty-four (24) inches in height.

14.49E.060 Parks and Open Space.

Broadview Shores has been designed providing several parks and open space throughout the development. Parks and open space shall be installed as the individual phases are developed within one (1) year of the approval of a final plat. All parks and open spaces shall be considered as private and shall be maintained through a Village homeowner’s association. Any parks and open space dedicated to and accepted by Provo City shall be maintained by Provo City. Amenities such as ball parks, play areas, tot lots, amphitheaters, water features, fountains, statues, flower gardens, sports courts, and other features are permitted as accessory uses. Trails shall be paved at a minimum width of six (6) feet. All landscaping shall comply with the requirements in Section 14.49E.100, Provo City Code.

14.49E.070 Project Plan Review – Design Standards.

Pursuant to Section 14.49.070(3), Provo City Code, the design of development within the Broadview Shores SDP-5 zone shall meet the requirements of Section 14.34.280(3), Provo City Code.

14.49E.080 Fences, Walls, Entry Treatments.

(a) Typical lot fencing includes all lot fencing for one-family detached lots except where a yard is adjacent to a collector or arterial street.

(b) The design of fencing adjacent to a collector or arterial street, except Geneva Road, shall be comprised of solid vinyl fence elements and shall include a pillar constructed of masonry or stone a minimum every twenty (20) feet. A pillar may extend up to eighteen (18) inches above the allowable height of a fence. A masonry fencing can be installed in lieu of the vinyl fencing with pillars.

(c) Fencing along Geneva Road adjacent to residential lots shall be constructed of brick, stone or a combination thereof. The fence shall be coated with a graffiti resistant material and installed by the developer with the appropriate phase that fronts on Geneva Road. This fence shall be six (6) feet in height.

(a) No fence or wall shall create a sight distance hazard to vehicular or pedestrian traffic as determined by the Provo City Traffic Engineer.

(b) No fence or wall may exceed three (3) feet in height in any required front yard setback.

(d) Walls and fences in a rear yard shall be a maximum of six (6) feet in height.

(3) Village Entrance Treatments. Entry wall or fence treatments to Village entrances may not exceed ten (10) feet at the highest point, except lamps on pillars, and shall comply with the provisions of Section 14.34.100, Provo City Code. A pillar may extend up to eighteen (18) inches above the allowable height of a fence or wall provided each pillar is no less than six (6) feet from an adjoining pillar, measured face to face.

(4) Materials. All fencing shall be constructed of vinyl, brick, stone, concrete, or masonry. The type of fencing should be consistent throughout an individual Village. The color used throughout the community shall be consistent and determined at the time of final plat approval. Pillars shall be constructed of a consistent masonry or stone material that will contribute to the overall project.

14.49E.090 Signs.

Unless otherwise prohibited by law, signs of the type and description listed below, and no others, may be placed on private property to which they pertain.

(a) One (1) name plate not exceeding two (2) square feet in area and displaying only the name and address of the occupant on the wall of the building.

(b) One (1) temporary sign with a maximum area of six (6) square feet each, pertaining to the sale, lease, or rent of the particular building, property, or premises upon which it is displayed. No sign is permitted in a street right-of-way, including landscaped planter strips.

(c) One (1) monument sign may be erected at the entrance of each Village not exceeding thirty-two (32) square feet placed upon an ornamental masonry wall which identifies a minimum of the name and/or address of the Village or group of buildings. The sign shall be architecturally compatible.

(a) One (1) freestanding sign not to exceed twenty (20) feet in height may be located at the entrance of a commercial center. Said sign shall conform with the following provisions:

(i) The area of the sign shall be in accordance with the provisions of Section 14.38.130, Provo City Code. The name of the center shall be displayed on the sign. The name of one (1) or more of the tenants or business establishments in said shopping center may be displayed on said signs.

(ii) No such sign shall project over any property line nor more than five (5) feet into any required front yard.

(iii) Said signs may be lighted with interior or exterior soft lighting.

(iv) Twenty-five percent (25%) of the sign may include electronic messages. No messages or material may rotate or flash any greater than eight (8) revolutions per minute.

(v) If a sign is located where a pedestrian can walk directly beneath the sign, the bottom of the sign cabinet shall be at least eight (8) feet above the ground.

(b) Each business establishment or tenant of the Village Town Center may have wall signs in conformance with the following:

(i) The sign area shall as provided in Section 14.38.140, Provo City Code.

(ii) There may be one (1) wall sign for the front face of each business or tenant. There may, in addition, be one (1) sign for each business establishment or tenant having a rear building face with a public entrance.

(iii) No part of a wall sign shall extend above the top level of a wall upon or in front of which it is situated.

(iv) No sign, including any light box or structural part, shall project more than eighteen (18) inches from the face of the building to which it is attached. Copy shall not be permitted on the sides of any such sign.

(d) Special purpose signs as described in Section 14.38.050, Provo City Code, may be permitted. Community signs may be erected for the purpose of providing information, such as trail access, directional, and other similar signage as necessary for the movement of pedestrians or for general information purposes for the community. These signs may not exceed three (3) feet in height or be larger than twelve (12) square feet in area and shall be architecturally compatible.

(e) One (1) flag or banner no larger than two (2) feet by three (3) feet may be attached to a utility pole for the purpose of displaying seasonal activities relating to holidays or special events that relate to the development and not individual businesses or advertising of retail merchandise. The Development Services Department shall review and approve these signs prior to installation of said signs. Written permission shall be granted by the utility company if placed on a utility pole. A building permit shall be required if a new pole is to be installed. There must be a clearance of a minimum of eight (8) feet below the sign from the ground.

14.49E.100 Landscaping Requirements.

A detailed landscaping plan for any open space/common area shall be submitted for review with the approval of any final plat. The requirements of this Section shall apply in addition to other requirements of Chapter 15.20, Provo City Code.

(1) The requirements of this Section shall apply in addition to other applicable requirements of Chapter 15.20, Provo City Code.

(a) All open areas except driveways, parking areas, walkways, utility areas, decks, patios, porches, etc., shall be landscaped with plants, shrubs, trees, grass, and similar materials.

(b) A minimum of two (2) one and one-half (1 1/2) inch caliper deciduous trees or six (6) foot tall evergreen trees, and four (4) five (5) gallon shrubs shall be planted for each lot or pad in a subdivision or Village, as well as building foundation planting of appropriate shrubs, flowers, or ground covers. In areas where grass is designated, sod shall be installed.

(c) The developer shall install landscaping in each front and side yard including a sprinkler system for all lots smaller than five thousand (5,000) sf if weather permitting or bond for the installation of the landscaping as required in Section 15.20.130, Provo City Code, including the landscaping of the street planter strip.

(d) The owner of any lot larger than five thousand (5,000) sf shall install landscaping and a sprinkler system as required by Chapter 15.20, Provo City Code, meeting the above requirements.

(e) All parking lots shall be landscaped as provided in Section 15.20.090, Provo City Code.

(a) A minimum of fifteen (15) two (2) inch calipers deciduous or six (6) foot evergreen trees per acre or any combination thereof shall be installed in the Village 7. All shrubs shall be five (5) gallon in size.

(b) All parking lots shall be landscaped as provided in Section 15.20.090, Provo City Code.

(3) Park Strips. All park strips within the Broadview Shores shall be maintained as follows:

(a) Park strips adjacent to lots that are maintained by the HOA shall also be maintained by the HOA.

(b) Park strips adjacent to lots that are maintained by the homeowner shall be maintained by the homeowner.

(c) Street trees shall be planted in park strips in addition to lawn or waterwise landscaping as provided in Chapter 15.20, Provo City Code.

(a) Parks and open space shall be landscaped with grass and trees and other landscaping materials.

(b) Parks and open space shall be landscaped by the developer as part of each phase of the development as approved by the Planning Commission.

(d) A minimum of fifteen (15) one and one-half (1 1/2) inch caliper deciduous or six (6) foot evergreen trees per acre or any combination thereof shall be required to be installed.

(e) All trails shall be a minimum of six (6) feet wide and paved with asphalt or concrete.

14.49E.110 Occupancy Requirements.

Each dwelling unit located within the Broadview Shores may be occupied by a family or three (3) singles as defined in Section 14.06.020, Provo City Code, relative to Lakeview North Neighborhood requirements.

14.49E.120 Existing Agricultural Uses.

Recognizing agricultural uses exist within the designated Broadview Shores Specific Development zone, any use legally established as of the effective date of this Chapter shall be deemed a permitted conforming use and may be continued pursuant to the Utah County zoning provisions existing when the property was annexed to the City. Such uses may be continued until the property is developed as part of the Broadview Shores. At that point, such existing uses shall be deemed legal nonconforming uses.

14.49E.130 Other Requirements.

(a) Adequate guarantees and covenants shall be provided for permanent retention and maintenance of all parks, open space, trails, and other amenities owned in common within the Broadview Shores development. No final plat may be approved until restrictive covenants have been submitted to and approved by the Development Services Department. Said guarantees shall include the following:

(i) A homeowner’s association for the entire development shall be created.

(ii) The care and maintenance of the area within any open space reservation shall be insured by the developer by establishing a private association or corporation responsible for such maintenance which shall levy the cost thereof as an assessment on the property owners within the Broadview Shores. Ownership and tax liability of private open space reservations shall be established in a manner acceptable to the City and made a part of the conditions of the final plan approval.

(iii) Maintenance of open space reservations shall be managed by a person, partnership, or corporate entity which has adequate expertise and experience in property management to assure that maintenance is accomplished efficiently and at a high standard of quality.

(b) Parking and occupancy requirements, association funds, and establishment of maintenance estimates and funds shall be disclosed prior to any purchase of property within the development.

(a) Storage of trash, abandoned, wrecked, or junked vehicles shall be prohibited. Storage of miscellaneous materials shall conform to the requirements of Section 14.34.080, Provo City Code.

(b) Refuse bins (dumpster) shall be stored in a screened enclosure which has a six (6) foot masonry wall or vinyl fence and which is architecturally compatible in style and materials with the character of the development. Such structures may not be located in a front yard setback.

(3) Outdoor Lighting. All outdoor lighting shall comply with Chapter 15.21, Provo City Code, where applicable.

(4) Transitional Development Standards. Where a commercial structure is located adjacent to residential property, the requirements of Section 14.34.300, Provo City Code, shall apply.

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

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

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

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

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

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

(11) Parking. See Chapter 14.37, Provo City Code.

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