Provo City Zoning Code
14.5011 Very-High
Density Restricted Area Project Redevelopment Option Zone
14.50(11).010 Purpose and Intent.
The Very-High Density Restricted Area Project Redevelopment Option (PRO) zone is intended generally to accommodate projects for baching singles occupants and should include limited commercial development to serve these occupants as well as others who live in the vicinity. The zone should be located in the area generally bounded by University Avenue, 1230 North, 200 West, and University Parkway which already has a relatively high degree of existing high and very-high density housing but which also includes some land which should be redeveloped. The standards set forth herein are intended to encourage pedestrian movement within and between adjacent housing projects in order to enhance the quality of the area generally; to promote efficient land use through high to very-high but compatible residential densities; and to reduce automobile use as a result of the zone’s proximity to Brigham Young University.
14.50(11).020 Compliance with Titles 14 and 15 Required.
14.50(11).030 Permitted Uses.
(1) Those uses or categories of uses as listed herein, and no others, are permitted in the Very-High Density Restricted Area 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 Very-High Density Restricted Area PRO zone, subject to the limitations set forth in this Chapter. All commercial or office uses are permitted only on the ground floor.
(4) Permitted Principal Uses. The following principal uses and structures, are permitted in the Very-High Density Restricted Area PRO zone:
Use No. | Use Classification |
Apartments containing five (5) or more units and three (3) or more stories in height, includes condominiums (baching single occupancy limited to six (6) 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) | |
Travel agencies (main floor only) | |
Retail trade - general merchandise (mail floor only) | |
Food (main floor only) | |
Apparel and accessories (main floor only) | |
Eating places (main floor only) | |
Books, stationary, art and hobby supplies (main floor only) | |
Jewelry (main floor only) | |
Miscellaneous retail stores (main floor only) | |
Finance, insurance, and real estate services (main floor only) | |
Dry Cleaning (main floor only) | |
Photo-finishing services, video tape duplication, transfer, editing (main floor only) | |
Physician’s offices (main floor only) | |
Dental offices (main floor only) | |
Legal services (main floor only) | |
Professional services, NEC (main floor only) | |
Beauty and barber services (includes tanning salons, electrolysis, etc.) (main floor only) | |
Therapeutic massage (main floor only) | |
Police protection and related activities, branch (office only) (main floor only) | |
Postal services (main floor only) | |
Day care services (main floor only) (subject to the Day care services standards of Section 14.34.250, Provo City Code) | |
Religious activities | |
Video rentals (main floor only) | |
Playground and athletic areas (noncommercial only) (main floor only) | |
Exercise health clubs (main floor only) | |
Parks |
(5) Permitted Accessory Uses. Accessory uses and structures are permitted in the Very-High Density Restricted Area 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 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 Very-High Density Restricted Area 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.
14.50(11).040 Single Ownership and Control.
Land within the Very-High Density Restricted Area 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 PRO shall be in one ownership or control during design and construction to provide for full supervision and control of said development, and to insure conformance with these provisions and all conditions imposed upon the preliminary and final development plans. Individual ownership, partnerships, corporations, and other legally recognized entities are acceptable.
14.50(11).050 Legal Nonconforming Lots and Structures.
Any existing nonconforming lot or structure may remain as to lot area, width, and depth until the subject property is developed. Development of such property shall conform to the requirements of this Chapter.
14.50(11).060 Lot Frontage.
14.50(11).070 Residential Density.
14.50(11).080 Yard Requirements.
The following minimum yard requirements shall apply in the Very-High Density Restricted Area PRO zone:
(1) Front Yard. Each lot or parcel shall have a front yard of not less than twenty (20) feet. All yards fronting a public street shall be considered a front yard.
(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 nine (9) feet from the property line.
(3) Side Yard, Driveway. See Section 14.37.100, Provo City Code.
(4) Rear Yard. Each lot or parcel shall have a rear yard of not less than ten (10) feet.
14.50(11).090 Projections into Yards.
(1) The following structures maybe 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.
(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.
(c) Stairways, balconies, door stoops, fire escapes, awnings, and planter boxes or masonry planters.
14.50(11).100 Building Height.
(1) Except as provided in Subsections (a) and (b) of this Section, each lot or parcel of land in the Very-High Density Restricted Area PRO zone shall have a minimum building or structure height of thirty-five (35) feet and a maximum height of fifty-five (55) feet. Chimneys, flagpoles, cupolas or similar structures not used for human occupancy shall be excluded in determining building height. Accessory buildings shall not exceed twenty (20) feet in height.
(a) A building or structure which is more than five-hundred (500) feet long may have a building height of sixty-five (65) feet at the center of the building.
(b) That portion of the building which exceeds fifty-five (55) feet in height shall be not more than one hundred-twenty (120) feet in length.
14.50(11).110 Distance Between Buildings.
14.50(11).120 Permissible Site Coverage.
(1) Except as provided for in this section, in the Very-High Density Restricted Area PRO zone all building and structures shall not cover an area of more than sixty percent (60%) of the site upon which they are placed.
(2) A subgrade structure which would otherwise be subject to the provisions of Chapter 14.06, Provo City Code, may extend three (3) feet above natural grade so long as such structure:
(a) does not exceed one hundred (100) feet in length;
(b) is approved only where the terrain of the project site does not permit the subgrade structure to be located entirely below grade; and
(c) is finished with architectural materials which are consistent and compatible with the architectural finish of the associated above-grade building(s) within the project.
(3) The placement of a vertical face of a subgrade structure exceeding two and one-half (2 1/2) feet above natural grade and not covered with a minimum of six (6) inches of soil to support landscape vegetation or not otherwise meeting the definition of a subgrade structure as set forth in Chapter 14.06 may be allowed within a required front or street side yard so long as:
(a) the City Engineer determines that the increase in height and the location of an exposed subgrade structure does not create a safety hazard due to interference with sight distance for drivers or pedestrians or due to violations of clear vision standards; and
(b) the visual and spatial impacts to pedestrians on an adjoining public sidewalk or to adjoining properties can be reasonably mitigated through landscaping or other design elements approved as part of a project plan.
14.50(11).130 Parking, Loading, and Access.
(1) Each lot or parcel in the Very-High Density Restricted Area 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 0.80 parking space for each bedroom of one-hundred ten (110) square feet or less, and 1.60 parking spaces for each bedroom exceeding one-hundred ten (110) square feet, plus 0.25 visitor parking space per dwelling unit, except as otherwise provided in Subsection (a)(i). Parking for individuals with physical disabilities shall be in addition to this requirement and shall comply with the provisions of Section 14.37.110 of this Title.
(i) In a residential and commercial mixed use project, multifamily residential parking may be provided in the amount of 0.75 parking space for each bedroom of one hundred ten (110) square feet or less so long as:
(A) additional parking at a rate of 0.05 parking space per bedroom is available between the hours of 11:00 p.m. and 9:00 a.m. within parking areas otherwise dedicated for commercial use; and
(B) the joint use of such facilities is assured by recording in the Office of the County Recorder of Utah County, Utah, a covenant by the owner(s) of the property.
(ii) Visitor parking spaces shall be designated and posted with signs to prohibit resident parking therein.
(b) Retail and office: one (1) space for every three hundred (300) square feet of gross floor area.
(c) Residential community center: None required, if facility serves residential uses located on the same lot or parcel.
(2) The requirements of Chapter 14.37 of this Title shall apply except as otherwise provided in this Section.
14.50(11).140 Project Plan Approval/Design Review.
See Sections 14.040A.020 and 14.34.280, Provo City Code. In addition, the following specific design standards shall apply to all development in the Very-High Density Restricted Area PRO zone:
(1) General building requirements.
(a) The design of development within the Very-High Density Restricted Area 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) Building forms and landscape materials shall be harmonious with the existing context and natural landscape features. Architectural character is restricted and the style selected shall conform to the following general design guidelines:
(i) Architectural features should enhance the individual identity of each unit.
(ii) Figures 4.1 and. 4.2 of the approved Lanai Development Plan shall be used as guides in interpreting this Subsection.
(c) When possible, windows, balconies and porches should be oriented to the street. Window designs may be varied to reflect the diversity of architecture in the area.
(d) 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. Roofs shall be made of standing-seam metal, shake, or cement tile.
(e) 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.
(f) To the extent allowed by flood protection measures, garages may be depressed below street grade.
(g) 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.
(h) Light fixtures shall be provided at each building entrance.
(i) When possible, each residential unit shall have an associated private outdoor space, deck or patio.
(j) Storefronts shall harmonize with or accent the general quality and character of the neighborhood.
(k) The design spirit of signage for the Very-High Density Restricted Area PRO zone is that of maximum variety within a general order that augments and reinforces the character of the neighborhood itself.
(i) Internally illuminated signs shall not be permitted.
(ii) Original and distinctive graphics are encouraged. Tenants are urged to consider developing a logo or symbol that is three-dimensional.
(iii) Maximum sign size shall be limited to one (1) square foot per lineal foot of retail frontage.
(iv) Maximum letter height shall he limited to eighteen (18) inches for retail space and twelve (12) inches for office space.
(v) Signs may be placed only on the street side of buildings
(vi) The provisions of Section 14.38.110 of this Title may be applied to a project in the Very-High Density Restricted Area PRO zone so long as the Planning Commission finds:
(A) the scale of the project, its location in relation to other surrounding uses, the nature of surrounding uses, the orientation of buildings within the project and building setbacks from adjoining roads, and/or the classification of such roads on which the commercial or residential uses within a mixed use project have frontage that require the application of Section 14.38.110 of this Title; and
(B) the signage provided is in harmony with the intensity and scale of the project and surrounding uses and provides beneficial results for both the project and the public served by the project signage, as determined by the Planning Commission.
(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 developed and maintained to improve and beautify the Very-High Density Restricted Area 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 two (2) dwelling units and two (2) shrubs 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 Very-High Density Restricted Area PRO zone. Sidewalks adjacent to the front of condominium units shall have a minimum dimension of six (6) feet.
(f) Outdoor lighting plans shall conform to all regulations set forth in Chapter 15.21, Provo City Code.
(3) Any development phase which follows the initial phase of development within the Very-High Density Restricted Area PRO zone shall be consistent with the design of such initial phase, as determined by the Design Review Committee.
14.50(11).150 Fencing Standards.
(1) 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.
(2) 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.
(3) 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.
14.50(11).160 Notice of Parking and Occupancy Restrictions.
(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.