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Provo City Zoning Code

14.5010 Arbors

on the Avenue Project Redevelopment Option Zone

Each development in the Arbors on the Avenue PRO zone shall comply with Sections 14.04A.020 (Project Plan), 14.34.280 (Design Review), 14.34.285 (Residential Design Standards) and 14.34.290 (Design Corridor), Provo City Code, except as may be modified by the Planning Commission at the time of project plan approval pursuant to the provisions of this Chapter. The following specific design standards shall apply to all development in the Arbors on the Avenue PRO zone:

(1) Building Requirements.

(a) Development design shall include variety among individual building colors and textures. Building forms and landscape materials shall be harmonious with existing neighborhood dwellings. Architectural features should enhance individual identity of each dwelling unit.

14.50(10).010 Purpose and Intent.

The Arbors on the Avenue Project Redevelopment Option Zone is established to provide high density multiple-family residential facilities located near other selected high density areas as designated in the General Plan of the Community and where land configurations and sensitive lands make development difficult. The densities permitted by this zone are intended to encourage redevelopment of land for residential uses. The uses typically permitted in this zone are high density multiple-family residential.

(Enacted 2005-53)

14.50(10).020 Compliance with Titles 14 and 15 Required.

The Arbors on the Avenue PRO zone shall comply with the development requirements in Chapters 14 and 15, Provo City Code, unless alternative standards are specifically set forth within this Chapter.

(Enacted 2005-53)

14.50(10).030 Permitted Uses.

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

Use No.

Use Classification

1150

Apartments (high rise) (multiple-familystructures containing five (5) or more units, three (3) stories or more in height, on one (1) parcel, with or without garages, and including condominiums)

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 surface is devoted exclusively to right-of-way activity)

4864

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

4873

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

4923

Travel agencies (in buildings not originally designed for residential use)

6100

Real estate services (in buildings not originally designed for residential use)

6134

Financial services (in buildings not originally designed for residential use)

6142

Insurance services (in buildings not originally designed for residential use)

6230

Beauty and barber services (in buildings not originally designed for residential use)

6530

Engineering, architectural and planning services (in buildings not originally designed for residential use)

6590

Professional services (in buildings not originally designed for residential use)

6910

Religious activities

7425

Exercise health club (in buildings not originally designed for residential use)

7800

Parks

(5) Permitted Accessory Uses. Accessory uses and structures are permitted in the Arbors on the Avenue PRO zone provided they are incidental to and do not substantially alter the character of a permitted principal use or structure. Such permitted accessory uses and structures include, but are not limited to, the following:

(a) Planter boxes.

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

(c) 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.

(d) Household pets, provided that 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.

(e) No accessory buildings shall be permitted, except gazebos, shelters, swimming pool, exercise facility, clubhouse and other such recreational buildings or structures constructed in designated open space for use by the entire development as determined by a homeowners association.

(6) Storage for individual residential units within an enclosed carport, garage or parking structure.

(7) Conditional Uses. There are no conditional uses in the Arbors on the Avenue PRO zone.

(Enacted 2005-53, Am 2016-01, Am 2021-33)

14.50(10).040 Single Ownership and Control.

Land within the Arbors on the Avenue PRO zone shall be in single ownership or single control during construction to insure conformance with these provisions and all conditions imposed upon preliminary and final development plans. Completed units may be owned by an individual, partnership, corporation, and other legally recognized entity. Common open space areas, if any, shall be managed by a homeowners association created in conformance with Utah State law.

(Enacted 2005-53)

14.50(10).050 Project Area.

The minimum area for a project in the Arbors on the Avenue PRO zone shall be two (2) acres and shall be based on all phases of a particular project.

(Enacted 2005-53)

14.50(10).060 Minimum Finished Floor Area.

The minimum finished floor area of a dwelling unit in the Arbors on the Avenue PRO zone shall be one thousand one hundred (1,100) square feet.

(Enacted 2005-53)

14.50(10).070 Building Pad Width and Depth Requirements.

Each building pad in the Arbors on the Avenue PRO zone shall have an average width of not less than one hundred sixty (160) feet and a minimum depth of sixty (60) feet.

(Enacted 2005-53)

14.50(10).080 Lot Frontage.

Each project in the Arbors on the Avenue PRO zone shall have public street frontage of at least one hundred sixty (160) feet.

(Enacted 2005-53)

14.50(10).090 Residential Density.

Residential density in the Arbors on the Avenue PRO zone shall not exceed twenty-four (24) dwelling units per gross acre. Hillside grading, cuts, and fill may be permitted on slopes of up to seventy-five percent (75%) upon completion of the requirements set forth in Chapter 15.05, and more particularly Section 15.05.050, Provo City Code.

(Enacted 2005-53)

14.50(10).100 Yard Requirements.

The following minimum landscaping requirements shall apply in the Arbors on the Avenue PRO zone:

(1) Front Yard. Each residential structure shall have a front yard of not less than fifteen (15) feet.

(2) Interior Side Yard. Each residential structure shall have a side yard of not less than ten (10) feet.

(3) Rear Yard. Each residential structure shall have a rear yard of not less than twenty (20) feet.

(Enacted 2005-53)

14.50(10).110 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.

(d) Garbage containers screened with durable materials architecturally compatible with the principal structure. Such containers shall not be visible from any abutting lot or public street.

(e) Parking areas including stalls and access roads.

(Enacted 2005-53)

14.50(10).120 Garbage Collection.

Garbage containers and collection shall be provided by private companies contracted by a homeowners association. Garbage containers shall be stored inside a trash storage container enclosure designed in accordance with Section 14.34.080, Provo City Code.

(Enacted 2005-53)

14.50(10).130 Trash Storage.

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.

(Enacted 2005-53)

14.50(10).140 Building Height.

No lot or parcel of land in the Arbors on the Avenue PRO zone shall have a building or structure that exceeds a height of four (4) stories with a maximum of sixty (60) feet. Parapets, flagpoles, or similar structures not used for human occupancy shall be excluded in determining height.

(Enacted 2005-53)

14.50(10).150 Distance Between Buildings.

The minimum distance between any buildings on a lot or parcel shall be as allowed by the building code or fifteen (15) feet, whichever is greater.

(Enacted 2005-53)

14.50(10).160 Permissible Site Coverage.

The total coverage of all buildings and structures shall not exceed thirty percent (30%) of the site area.

(Enacted 2005-53)

14.50(10).170 Parking, Loading, and Access.

(1) Each dwelling unit in the Arbors on the Avenue PRO zone shall have a minimum of:

(a) two (2) parking spaces per unit, one (1) of which shall be covered; and

(b) visitor parking provided at the rate of one-quarter (0.25) space per dwelling unit.

(2) In accordance with the foregoing, the total number of parking spaces shall be two and one-quarter (2.25) spaces per dwelling unit.

(3) Motorcycle parking spaces may be counted as required parking, subject to the following:

(a) For no more than one (1) out of every fifty (50) required vehicle parking spaces, two (2) motorcycle parking spaces may be substituted for one (1) required vehicle parking space;

(b) Motorcycle parking spaces shall have a minimum dimension of at least four (4) feet in width and seven (7) feet in length; and

(c) Motorcycle parking spaces shall be clearly designated through signing and paint striping.

(4) Parking may be located within a required front yard as shown on an approved preliminary project plan.

(5) In all other respects parking shall be provided in accordance with Chapter 14.37, Provo City Code.

(Enacted 2005-53, Am 2018-16)

14.50(10).180 Access to Enclosed Parking.

No requirement.

(Enacted 2005-53)

14.50(10).190 Project Plan Approval/Design Review.

Each development in the Arbors on the Avenue PRO zone shall comply with Sections 14.04A.020 (Project Plan), 14.34.280 (Design Review), 14.34.285 (Residential Design Standards) and 14.34.290 (Design Corridor), Provo City Code, except as may be modified by the Planning Commission at the time of project plan approval pursuant to the provisions of this Chapter. The following specific design standards shall apply to all development in the Arbors on the Avenue PRO zone:

(1) Building Requirements.

(a) Development design shall include variety among individual building colors and textures. Building forms and landscape materials shall be harmonious with existing neighborhood dwellings. Architectural features should enhance individual identity of each dwelling unit.

(b) Diversity of detail and materials among different buildings is encouraged.

(c) Windows, balconies, and porches should be oriented to a public street. Window designs may be varied to reflect the diversity of architecture.

(d) Roof shapes shall harmonize with the architectural character of other buildings west of University Avenue. Roof structures may include arched and flat roofs.

(e) Building materials should be durable and suitable for the design in which they are used.

(f) Light fixtures shall be provided at each building entry.

(g) The decorative wall behind the landscape buffer required by Subsection 14.34.290(2)(b)(i), Provo City Code, may be omitted within the Arbors on the Avenue PRO zone.

(2) Signage.

(a) Sign design shall reflect the architectural style of the project.

(b) Two (2) entrance signs shall be permitted. Entrance sign square footage shall not exceed thirty-two (32) square feet per sign. Maximum height for each entrance sign shall not exceed four (4) feet. No entrance sign shall not impede the clear vision area.

(c) Two (2) wall mounted signs that do not exceed sixty (60) square feet shall also be permitted.

(3) Landscape Requirements. Landscaping shall provided in accordance with Chapter 15.20, Provo City Code, except as otherwise provided in this Subsection.

(a) Landscaping within the parkway shall be bermed a minimum of three (3) feet within the city right-of-way along University Avenue.

(b) The Arbors on the Avenue PRO zone may have a walking trail compatible with overall design and landscape.

(c) Projects within the Arbors on the Avenue PRO zone shall have appropriate resident amenities including water features and/or swimming pool adjacent to a homeowner recreation area.

(Enacted 2005-53)

14.50(10).200 Fencing Standards.

(1) Walls, fences, hedges or screening materials which are not sight obscuring shall be built to a maximum of eight (8) feet in height and a minimum of three (3) feet in height.

(2) Structural fences six (6) feet in height or more 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.

(Enacted 2005-53)

14.50(10).210 Notice of Parking and Occupancy Restrictions.

(1) Dwelling unit occupancy in the Arbors on the Avenue PRO zone shall be limited to family occupancy as defined by this Title. No accessory apartment or second kitchen shall be permitted in any dwelling unit.

(2) Prior to the issuance of a Certificate of Occupancy for a new residential 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 contract. This notice shall be located on a six inch by six inch (6"x6") metal or plastic plate permanently attached to the electrical box with minimum one half (1/2) inch engraved letters.

(Enacted 2005-53)