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Provo City Zoning Code

14.509 PRO-R-9

Low Density Residential Project Redevelopment Option Zone

14.50(9).010 Purpose and Objectives.

The Low Density Residential Project Redevelopment Option (PRO-R-9) zone is established to provide a residential environment within the City characterized by attractively landscaped one-family and two-family residential structures that are consistent with the established neighborhood. The purpose of this Chapter is to encourage imaginative and efficient utilization of land, to develop a sense of community, and to ensure compatibility with the surrounding neighborhoods and environment. This is accomplished by providing greater flexibility in the location of buildings on the land and diversity of lot design.

(Enacted 2005-28)

14.50(9).020 Permitted Uses.

(1) Those uses or categories of uses as listed herein, and no others, are permitted in the Low 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 which all digits are whole numbers.

(3) All such categories listed herein and all specific uses contained within them in the Standard Land Use Code shall be permitted in the Low Density Residential PRO zone, subject to the limitations set forth herein.

(4) Permitted Principal Uses. The following principal uses and structures, and no others, are permitted in the Low Density Residential PRO zone:

Use No.

Use Classification

1110

One-family dwelling – detached

1112

One-family dwelling – attached (family occupancy only)

1112

Twin Home (One-family dwelling - semi-detached, family occupancy only)

4811

Electric Transmission right-of-way (identifies areas where the surface is devoted exclusively to the right-of-way of the activity)

4821

Gas pipeline right-of-way (identifies areas where the surface is devoted exclusively to the right-of-way of the activity)

4831

Water pipeline right-of-way (identifies areas where the surface is devoted exclusively to the right-of-way of the activity)

4841

Sewage pipeline right-of-way (identifies areas where the surface is devoted exclusively to the right-of-way of the activity)

4864

Combination utilities right-of-way (identifies areas where the surface is devoted exclusively to the right-of-way of the activity)

4873

Storm drain right-of-way (predominantly-covered pipes or boxes)

6910

Religious activities

(5) Permitted Accessory Uses. Accessory uses and structures are permitted in the Low Density Residential PRO 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 buildings such as garages, carports, greenhouses, gardening sheds, and similar structures that are customarily used in conjunction with and incidental to a principal use or structure.

(b) Vegetable and flower gardens and noncommercial orchards.

(c) Home occupations subject to the regulations of Chapter 14.41, Provo City Code.

(d) Accessory apartments in conjunction with an owner-occupied single-family detached dwelling subject to the issuance of a building permit and in accordance with the requirements of Section 14.30.030, Provo City Code.

(e) 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.

(Enacted 2005-28, Am 2020-04, Am 2020-33, Am 2021-33)

14.50(9).030 Lot Area.

The minimum area of any lot or parcel of land in the Low Density Residential PRO zone designated for one-family dwellings shall have an area of not less than four thousand five hundred (4,500) square feet and lots designated for twin homes shall have an area of not less than four thousand (4,000) square feet, unless otherwise approved by the Planning Commission. Because twin homes are attached on a common lot line, dwellings shall be designed and built in pairs with one unit on each lot.

(Enacted 2005-28)

14.50(9).040 Lot Width.

Each lot or parcel of land in the Low Density Residential PRO zone shall have a minimum width of not less than forty (40) feet for twin homes and forty-eight (48) feet for one-family homes.

(Enacted 2005-28)

14.50(9).050 Lot Depth.

Each lot or parcel of land in the Low Density Residential PRO zone shall have a minimum lot depth of eighty (80) feet.

(Enacted 2005-28)

14.50(9).060 Lot Frontage.

Each lot or parcel of land in the Low Density Residential PRO zone shall abut a public street. Flag lots are permitted only when there are no other development options. The Planning Commission may permit the use of a common driveway with a minimum width of twenty (20) feet to serve no more than four (4) dwelling units.

(Enacted 2005-28)

14.50(9).070 Yard Requirements.

The following minimum setback requirements of this Section shall apply in the Low Density Residential PRO zone. Departures from these setbacks shall be justified by unique and unusual circumstances related to the site or for reasons of improved design and may be approved by the Planning Commission upon such findings.

(1) Front Yard. Each lot or parcel shall have a front yard of not less than twenty (20) feet.

(2) Side Yard. Except as provided in Subsections (3), (4), (5), and (6) of this Section, each lot or parcel of land shall have a side yard of at least eight (8) feet on each side.

(3) Street Side Yard - Corner Lots. Corner lots shall have a street side yard of not less than fifteen (15) feet.

(4) Rear Yard. Each lot or parcel shall have a rear yard of not less than twenty (20) feet.

(5) Accessory Buildings Within the Buildable Area. Accessory buildings meeting all setback requirements (within the buildable area) for the main dwelling shall:

(a) have a building footprint and height less than the main dwelling,

(b) comply with all lot coverage requirements,

(c) comply with the latest adopted edition of the International Building Code,

(d) only be used for those accessory uses allowed in the respective zone, and

(e) maintain architecturally similar material and colors with main building.

(6) Accessory Building Outside the Buildable Area. Accessory buildings that do not meet the setback requirements (outside the buildable area) for the main dwelling shall meet the five (5) conditions set forth in Subsection (5) above and the following:

(a) be no closer to the front property line than the main building,

(b) be no larger than ten percent (10%) of the actual lot area of said property,

(c) be set back a minimum of three (3) feet from any property line,

(d) not be located within a recorded public utility easement, unless a release is secured from all public utilities,

(e) have no portion of the building which exceeds twelve (12) feet in height within ten (10) feet of a property line,

(f) not be located within a front yard, and

(g) comply with distance between buildings requirements.

(Enacted 2005-28)

14.50(9).080 Projections into Yard.

(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, and other plants; and

(c) necessary appurtenances for utility service.

(2) A carport over a driveway, provided such structure is not more than one (1) story in height and twenty-four (24) feet in length, and is entirely open on at least three (3) sides, except for necessary supporting columns and customary architectural features, may project into an interior side yard, subject to International Building Code requirements. Only one (1) such structure shall be permitted per lot.

(3) The structures listed below may project into a minimum front or rear yard not more than five (5) feet, and into a minimum side yard not more than two (2) feet:

(a) Cornices, eaves, sills, porch coverings 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.

(c) Stairways, balconies, door stoops, fire escapes, awnings and planter boxes or masonry planters.

(d) A patio, provided such structure is not more than one (1) story in height and is open on at least three (3) sides, except for necessary supporting columns and customary architectural features may project into a rear yard not more than twelve (12) feet.

(Enacted 2005-28)

14.50(9).090 Building Height.

No lot or parcel of land in the Low Density Residential PRO zone shall have a building or structure used for dwelling or public assembly which exceeds a maximum height of thirty-five (35) feet, except that in no case shall the height of an accessory structure exceed the height of any main structure on the same lot. Chimneys, flagpoles, and similar structures not used for human occupancy shall be excluded in determining height.

(Enacted 2005-28)

14.50(9).100 Distance Between Buildings.

The distance between any accessory building and a dwelling shall not be less than six (6) feet.

(Enacted 2005-28)

14.50(9).110 Permissible Lot Coverage.

(1) In Low Density Residential PRO zones, all buildings, including accessory buildings and structures, shall not cover more than forty percent (40%) of the area of the lot or parcel of land.

(2) At least fifty percent (50%) of the area of any lot shall be maintained in landscaping as defined in Section 15.20.040, Provo City Code. On any lot, concrete or asphaltic cement shall not cover more than fifty percent (50%) of a front yard, fifty percent (50%) of a rear yard, and one hundred percent (100%) of one (1) side yard.

14.50(9).120 Parking and Driveways.

(1) Each lot in the Low Density Residential PRO zone shall have on the same lot a minimum of two (2) parking spaces per unit. One (1) space per unit shall be covered within an enclosed garage.

(2) All parking spaces shall be built as described in Section 14.37.090, Provo City Code, and shall be provided with a paved concrete access from a public street.

(3) Except for tandem parking on a driveway as provided in Subsection 14.37.080(1)(c)(i), Provo City Code, no parking spaces shall be provided within a setback area.

(4) All parking and driveways shall comply with the provisions of Section 14.37.080, Provo City Code. Departures from these requirements shall be justified by unique and unusual circumstances related to the site, or for reasons of improved design and may be approved by the Planning Commission.

(5) Detached, rear entry or side load garages are encouraged.

(Enacted 2005-28, Am 2020-09)

14.50(9).130 Project Plan Approval.

See Sections 15.03.300 and 15.03.310, Provo City Code.

(Enacted 2005-28)

14.50(9).140 Other Requirements.

(1) Landscaping. All unimproved areas shall be landscaped as required by Chapter 15.20, Provo City Code.

(2) Trash Storage. See Section 14.34.080, Provo City Code.

(3) Fencing Standards. 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.

(a) Front Yard. 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. Walls, fences, hedges or screening materials which are not sight obscuring (at least fifty percent (50%) open) may be built to a maximum of six (6) feet in height in a front yard.

(b) Side Yard. Solid, sight obscuring fences or walls and non-sight obscuring fences (at least fifty percent (50%) open) may be built to a maximum height of six (6) feet, except within required front yard setback.

(c) Rear Yard. Walls and fences in a rear yard may exceed six (6) feet; provided, that a building permit is first obtained from the Building Inspection Division prior to construction.

(d) Grade Differences. Where there is a difference in the grade of the properties 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.

(e) Retaining Walls. Where a retaining wall protects a cut below or a fill above the natural grade and is located on the line separating lots or properties, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed.

(f) Exceptions. The provisions of this Section shall not apply to certain other fences such as tennis court backstops or patio enclosures as approved by the Zoning Administrator, if it is determined that such fences do not create a hazard or violation of other sections of the Provo City Code. All other exceptions shall obtain Planning Commission approval. Standards for barbed wire and similar types of fences are listed in Section 9.14.020, Provo City Code.

(4) Utility Easements. Easements of not less than eight (8) feet in width shall be required as set forth in Section 15.03.220, Provo City Code, unless written approval is granted by the appropriate utility company to reduce the easements.

(5) Occupancy Restrictions.

(a) Each unit shall be limited to family occupancy or two (2) baching singles as defined by Chapter 14.06, Provo City Code.

(b) Prior to the issuance of a Certificate of Occupancy for a dwelling unit, a permanent notice shall be placed on the electrical box within the unit indicating maximum allowable occupancy of the unit based on the approved occupancy consistent with a recorded parking and occupancy or development agreement. This notice shall be located on a six (6) inch by six (6) inch (6"x6") metal or plastic plate permanently attached to the electrical box with minimum one-half (1/2) inch engraved letters.

(Enacted 2005-28, Am 2020-33)

14.50(9).150 Compliance with Title 14 and Title 15.

Any project subject to this Chapter shall conform to applicable chapters of Title 14 and Title 15, Provo City Code, except as may be specifically requested. Evidence of justification for requested changes to such standards must be provided by the applicant. Deviations from the standards set forth in Title 14 and Title 15 are intended to be rare and shall be approved by five (5) members of the Municipal Council.

(Enacted 2005-28)