High Density Residential Project Redevelopment Option Zone
The High Density Residential Project Redevelopment Option (PRO-A-8) zone is a residential development zone. The standards set forth herein are intended to encourage pedestrian movement within areas such as the downtown neighborhood and to respect and enhance the enjoyment of natural features as view corridors; to enhance the quality of the neighborhood through appropriately scaled public spaces; to promote efficient land use through moderate but compatible residential densities; to reinforce neighborhood diversity through a mixture of different building types and architectural forms; and to reduce automobile use from residential area through live/work arrangements and proximity to neighborhood commercial uses.
(1) Those uses or categories of uses as listed herein, and no others, are permitted in the High Density Residential PRO 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 the which all digits are whole numbers. Classes or grouping 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 High Density Residential PRO zone, subject to the limitations set forth in this Chapter.
(4) Permitted Principal Uses. The following principal uses and structures, are permitted in the High Density Residential PRO zone:
Use No. | Use Classification |
Apartments containing five (5) or more units and three (3) or more stories in height, includes condominiums (family or baching single occupancy limited to two (2) related or unrelated adults with or without children per unit) | |
Electronic 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 surface is devoted exclusively to right-of-way 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 the surface is devoted exclusively to the right-of-way of the activity) | |
Storm drain or right-of-way (predominantly covered pipes of boxes) | |
Religious activities |
(5) Permitted Accessory Uses. Accessory uses and structures are permitted in the High Density Residential PRO zone, provided they are incidental to and do not substantially alter the character of the permitted principal use of structure. Such permitted accessory uses and structures include, but are not limited to, the following:
(a) Accessory building such as garages, carports, green houses, 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 bathhouses subject to the standards of Section 14.34.210, Provo City Code.
(c) Household pets, provided 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 High Density Residential PRO zone only after a conditional use permit has been issued, and subject to the terms and conditions thereof and the standards of Section 14.34.250, Provo City Code.
Land within the High Density Residential PRO zone (only in area of construction) shall be in single ownership or single control in order to provide for integrated development. The area proposed for the zone shall be in single ownership or control during design and construction to provide for full supervision and control of development, and to ensure conformance with these provisions and all conditions imposed upon the preliminary and final development plans.
Any existing nonconforming lot or structure may remain as to lot area, width, and depth until the subject property is developed. All lots to be developed into a single project must be combined as one (1) lot. A subdivision plat may be required. If condominiums are to be established, then a condominium plat shall be required. Development of such property shall conform to the requirements of this Chapter.
Lot area per dwelling in the High Density Residential PRO zone shall be one (1) dwelling unit per seven hundred (700) square feet of land area.
The following minimum yard requirements shall apply in the High Density Residential PRO zone:
(1) Front Yard. No front yard set-back is required.
(2) Side Yard. Except as provided in Subsections (3) and (4) of this Section, each lot or parcel of land shall have side yard of at least eight (8) feet from the property line.
(3) Side Yard - Corner Lots. On corner lots, the side yard contiguous to the street, no setback is required.
(4) Side Yard, Driveway. See Section 14.37.100, Provo City Code.
(5) Rear Yard. Each lot or parcel shall have a rear yard of not less than ten (10) feet.
(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 and other City codes and ordinances,
(b) landscape elements including trees, shrubs, agricultural crops, and other plants, and
(c) necessary appurtenances for utility service.
(2) The structures listed below may project into a minimum front or rear yard not more than six (6) feet, and into a minimum side yard not more than two (2) feet:
(a) cornices, eaves, belt courses, sills, buttresses, or other similar architectural features,
(b) 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, and
(c) stairways, balconies, door stoops, fire escapes, awnings, and planter boxes or masonry planters.
Each lot or parcel of land in the High Density Residential PRO zone shall have a minimum height of thirty-five (35) feet or three (3) stories. Chimneys, flagpoles, or similar structures not used for human occupancy shall be excluded in determining height. Accessory buildings shall not exceed twenty (20) feet in height.
In the High Density Residential PRO zone all building and structures shall not cover more than seventy per cent (70%) of the site upon which they are placed.
(1) Each lot or parcel in the High Density Residential PRO zone shall have on the same lot or parcel, or adjacent lot or parcel located in the same zone, automobile parking sufficient to comply with the following requirements:
(a) Multifamily Residential. Parking in the amount of two (2) parking spaces for each two (2) and three (3) bedroom unit, which includes visitor parking spaces. Visitor parking spaces shall be designated and posted with signs to prohibit resident parking therein.
See Sections 14.02.090 (Project Plan Required) and 14.34.280 (Design Review), Provo City Code. In addition, the following specific design standards shall apply to all development in the High Density Residential PRO zone:
(1) General building requirements.
(a) The design of development within the High Density Residential PRO zone shall include common themes and styles in building designs. All buildings shall be approved by the Provo City Design Review Committee prior to the issuance of a building permit.
(b) Roof shapes shall harmonize with and shall reflect the diversity of the building’s architectural character. Appropriate use of both pitched and flat roofs is encouraged.
(c) Building materials should be durable and suitable for the design in which they are used. Natural materials such as stone, wood trim, plaster (EIFS), or cement siding are required. Aluminum and vinyl siding are prohibited.
(d) To the extent allowed by flood protection measures, 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. Storage of commercial goods or materials shall be prohibited. Containers for trash storage of a size, type and quantity approved by the City shall be screened by a sight obscuring fence and maintained in an appropriate location. See Section 14.34.080, Provo City Code.
(f) Light fixtures shall be provided at each building entrance.
(2) General landscape requirements.
(a) All residential yard areas except those portions devoted to driveways, buildings, or parking, shall be designed with suitable landscaping of plants, shrubs, trees, grass, and similar landscaping materials.
(b) Street trees shall be provide and maintained to improve and beautify the High Density Residential PRO zone. 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. In addition, one (1) tree per three (3) dwelling units and one (1) shrub per one (1) dwelling unit shall be planted.
(c) Parking areas shall be landscaped in accordance with a landscaping plan approved as part of a project plan approval. Landscaping shall be installed between individual driveways to soften areas of paving.
(d) Buildings shall be situated with respect to and in accordance with the topography and natural features of the developable lot or parcel.
(e) Pedestrian and bicycle circulation shall be encouraged in the High Density Residential PRO zone. Sidewalks adjacent to the front of condominium units all have a minimum dimension of six (6) feet.
(4) Any development phase which follows the initial phase of development within the High Density Residential PRO zone shall be consistent with the design of such initial phase, as determined by the Design Review Committee.
Structural fences six (6) feet or less in height shall not require a building permit. Structural fences over six (6) feet in height shall require a building permit from the Building Inspection Division. A structural or vegetative fence shall not create a sight distance hazard to vehicular or pedestrian traffic as determined by the Provo City Traffic Engineer.
(1) Solid walls, fences, hedges or screening materials which are sight obscuring may be built to a maximum of three (3) feet in height in any required front yard perimeter. Such walls, fences, hedges or screening materials may slope upward to connect with a higher side yard fence. The length of a sloped fence section shall not exceed one (1) section or a maximum of ten (10) feet.
(2) Solid, sight obscuring fences or walls and non-sight obscuring fences may be built to a maximum height of six (6) feet in a side yard.
(1) Prior to the issuance of a building permit for any multiple residential project over two (2) dwelling units, Provo City and the developer shall enter into a contract agreeing to a determined occupancy based on a given number of parking spaces.
(a) Such contract shall be recorded with the Utah County Recorder and shall run with the property.
(b) A copy of a recorded deed for the property in question shall also be submitted prior to the issuance of a building permit which indicates the maximum allowable occupancy as a deed restriction.
(i) Attached to the deed shall be a document that separately lists the occupancy according to Provo City Code, the previously mentioned deed restrictions, and any other use restrictions pertaining to parking and occupancy such as restrictions of use as noted in condominium documents.
(ii) This document shall be signed, dated and notarized indicating that the owner acknowledges and agrees to all restrictions and regulations stated on the deed and attachments.
(2) Prior to the issuance of a certificate of occupancy for new multiple residential dwellings units a permanent notice shall be placed on the electrical box within each unit indicating the maximum allowable occupancy of each unit based on the approved occupancy consistent with the recorded parking and occupancy contract. This notice shall set forth on a six inch by six inch (6"X6") metal or plastic plate that is permanently attached to the electrical box with minimum one-half (1/2) inch engraved letters.
(3) Upon submittal of the foregoing documents, any violation to the restrictions and regulations noted therein shall be a misdemeanor offense subject to criminal action as provided in Section 1.03.010, Provo City Code.
High Density Residential Project Redevelopment Option Zone
The High Density Residential Project Redevelopment Option (PRO-A-8) zone is a residential development zone. The standards set forth herein are intended to encourage pedestrian movement within areas such as the downtown neighborhood and to respect and enhance the enjoyment of natural features as view corridors; to enhance the quality of the neighborhood through appropriately scaled public spaces; to promote efficient land use through moderate but compatible residential densities; to reinforce neighborhood diversity through a mixture of different building types and architectural forms; and to reduce automobile use from residential area through live/work arrangements and proximity to neighborhood commercial uses.
(1) Those uses or categories of uses as listed herein, and no others, are permitted in the High Density Residential PRO 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 the which all digits are whole numbers. Classes or grouping 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 High Density Residential PRO zone, subject to the limitations set forth in this Chapter.
(4) Permitted Principal Uses. The following principal uses and structures, are permitted in the High Density Residential PRO zone:
Use No. | Use Classification |
Apartments containing five (5) or more units and three (3) or more stories in height, includes condominiums (family or baching single occupancy limited to two (2) related or unrelated adults with or without children per unit) | |
Electronic 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 surface is devoted exclusively to right-of-way 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 the surface is devoted exclusively to the right-of-way of the activity) | |
Storm drain or right-of-way (predominantly covered pipes of boxes) | |
Religious activities |
(5) Permitted Accessory Uses. Accessory uses and structures are permitted in the High Density Residential PRO zone, provided they are incidental to and do not substantially alter the character of the permitted principal use of structure. Such permitted accessory uses and structures include, but are not limited to, the following:
(a) Accessory building such as garages, carports, green houses, 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 bathhouses subject to the standards of Section 14.34.210, Provo City Code.
(c) Household pets, provided 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 High Density Residential PRO zone only after a conditional use permit has been issued, and subject to the terms and conditions thereof and the standards of Section 14.34.250, Provo City Code.
Land within the High Density Residential PRO zone (only in area of construction) shall be in single ownership or single control in order to provide for integrated development. The area proposed for the zone shall be in single ownership or control during design and construction to provide for full supervision and control of development, and to ensure conformance with these provisions and all conditions imposed upon the preliminary and final development plans.
Any existing nonconforming lot or structure may remain as to lot area, width, and depth until the subject property is developed. All lots to be developed into a single project must be combined as one (1) lot. A subdivision plat may be required. If condominiums are to be established, then a condominium plat shall be required. Development of such property shall conform to the requirements of this Chapter.
Lot area per dwelling in the High Density Residential PRO zone shall be one (1) dwelling unit per seven hundred (700) square feet of land area.
The following minimum yard requirements shall apply in the High Density Residential PRO zone:
(1) Front Yard. No front yard set-back is required.
(2) Side Yard. Except as provided in Subsections (3) and (4) of this Section, each lot or parcel of land shall have side yard of at least eight (8) feet from the property line.
(3) Side Yard - Corner Lots. On corner lots, the side yard contiguous to the street, no setback is required.
(4) Side Yard, Driveway. See Section 14.37.100, Provo City Code.
(5) Rear Yard. Each lot or parcel shall have a rear yard of not less than ten (10) feet.
(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 and other City codes and ordinances,
(b) landscape elements including trees, shrubs, agricultural crops, and other plants, and
(c) necessary appurtenances for utility service.
(2) The structures listed below may project into a minimum front or rear yard not more than six (6) feet, and into a minimum side yard not more than two (2) feet:
(a) cornices, eaves, belt courses, sills, buttresses, or other similar architectural features,
(b) 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, and
(c) stairways, balconies, door stoops, fire escapes, awnings, and planter boxes or masonry planters.
Each lot or parcel of land in the High Density Residential PRO zone shall have a minimum height of thirty-five (35) feet or three (3) stories. Chimneys, flagpoles, or similar structures not used for human occupancy shall be excluded in determining height. Accessory buildings shall not exceed twenty (20) feet in height.
In the High Density Residential PRO zone all building and structures shall not cover more than seventy per cent (70%) of the site upon which they are placed.
(1) Each lot or parcel in the High Density Residential PRO zone shall have on the same lot or parcel, or adjacent lot or parcel located in the same zone, automobile parking sufficient to comply with the following requirements:
(a) Multifamily Residential. Parking in the amount of two (2) parking spaces for each two (2) and three (3) bedroom unit, which includes visitor parking spaces. Visitor parking spaces shall be designated and posted with signs to prohibit resident parking therein.
See Sections 14.02.090 (Project Plan Required) and 14.34.280 (Design Review), Provo City Code. In addition, the following specific design standards shall apply to all development in the High Density Residential PRO zone:
(1) General building requirements.
(a) The design of development within the High Density Residential PRO zone shall include common themes and styles in building designs. All buildings shall be approved by the Provo City Design Review Committee prior to the issuance of a building permit.
(b) Roof shapes shall harmonize with and shall reflect the diversity of the building’s architectural character. Appropriate use of both pitched and flat roofs is encouraged.
(c) Building materials should be durable and suitable for the design in which they are used. Natural materials such as stone, wood trim, plaster (EIFS), or cement siding are required. Aluminum and vinyl siding are prohibited.
(d) To the extent allowed by flood protection measures, 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. Storage of commercial goods or materials shall be prohibited. Containers for trash storage of a size, type and quantity approved by the City shall be screened by a sight obscuring fence and maintained in an appropriate location. See Section 14.34.080, Provo City Code.
(f) Light fixtures shall be provided at each building entrance.
(2) General landscape requirements.
(a) All residential yard areas except those portions devoted to driveways, buildings, or parking, shall be designed with suitable landscaping of plants, shrubs, trees, grass, and similar landscaping materials.
(b) Street trees shall be provide and maintained to improve and beautify the High Density Residential PRO zone. 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. In addition, one (1) tree per three (3) dwelling units and one (1) shrub per one (1) dwelling unit shall be planted.
(c) Parking areas shall be landscaped in accordance with a landscaping plan approved as part of a project plan approval. Landscaping shall be installed between individual driveways to soften areas of paving.
(d) Buildings shall be situated with respect to and in accordance with the topography and natural features of the developable lot or parcel.
(e) Pedestrian and bicycle circulation shall be encouraged in the High Density Residential PRO zone. Sidewalks adjacent to the front of condominium units all have a minimum dimension of six (6) feet.
(4) Any development phase which follows the initial phase of development within the High Density Residential PRO zone shall be consistent with the design of such initial phase, as determined by the Design Review Committee.
Structural fences six (6) feet or less in height shall not require a building permit. Structural fences over six (6) feet in height shall require a building permit from the Building Inspection Division. A structural or vegetative fence shall not create a sight distance hazard to vehicular or pedestrian traffic as determined by the Provo City Traffic Engineer.
(1) Solid walls, fences, hedges or screening materials which are sight obscuring may be built to a maximum of three (3) feet in height in any required front yard perimeter. Such walls, fences, hedges or screening materials may slope upward to connect with a higher side yard fence. The length of a sloped fence section shall not exceed one (1) section or a maximum of ten (10) feet.
(2) Solid, sight obscuring fences or walls and non-sight obscuring fences may be built to a maximum height of six (6) feet in a side yard.
(1) Prior to the issuance of a building permit for any multiple residential project over two (2) dwelling units, Provo City and the developer shall enter into a contract agreeing to a determined occupancy based on a given number of parking spaces.
(a) Such contract shall be recorded with the Utah County Recorder and shall run with the property.
(b) A copy of a recorded deed for the property in question shall also be submitted prior to the issuance of a building permit which indicates the maximum allowable occupancy as a deed restriction.
(i) Attached to the deed shall be a document that separately lists the occupancy according to Provo City Code, the previously mentioned deed restrictions, and any other use restrictions pertaining to parking and occupancy such as restrictions of use as noted in condominium documents.
(ii) This document shall be signed, dated and notarized indicating that the owner acknowledges and agrees to all restrictions and regulations stated on the deed and attachments.
(2) Prior to the issuance of a certificate of occupancy for new multiple residential dwellings units a permanent notice shall be placed on the electrical box within each unit indicating the maximum allowable occupancy of each unit based on the approved occupancy consistent with the recorded parking and occupancy contract. This notice shall set forth on a six inch by six inch (6"X6") metal or plastic plate that is permanently attached to the electrical box with minimum one-half (1/2) inch engraved letters.
(3) Upon submittal of the foregoing documents, any violation to the restrictions and regulations noted therein shall be a misdemeanor offense subject to criminal action as provided in Section 1.03.010, Provo City Code.