Provo City Zoning Code
14.5012 Independence
Avenue Project Redevelopment Option Zone
14.50(12).010 Purpose and Intent.
The Independence Avenue Project Redevelopment Option zone is a residential development zone. The standards set forth herein are intended to enhance the quality of the neighborhood utilizing moderate residential density; to reinforce existing neighborhoods with added residential uses; and to provide new one-family attached owner occupied dwellings with landscaped open spaces with additional appropriate project amenities.
14.50(12).020 Compliance with Titles 14 and 15 Required.
14.50(12).030 Permitted Uses.
(1) Those uses or categories of uses as listed herein, and no others, are permitted in the Independence 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 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 Independence 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 Independence Avenue PRO zone:
Use No. | Use Classification |
One-family attached dwellings containing three (3) or more dwelling units and two (2) or more stories in height (a family without a head of household is limited to two (2) individuals per dwelling 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 and pipes. | |
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 Independence Avenue PRO zone provided they are incidental to and do not substantially alter the character of the permitted principal uses. Such permitted accessory uses and structures include, but are not limited to, the following:
(a) Accessory buildings such as garages, carports, green houses, gardening sheds, recreation building, and similar structures which are customarily used in conjunction with, and incidental to, a principal use or structure or project amenity.
(b) Swimming pools and incidental bathhouses or clubhouse 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 Independence Avenue 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(12).040 Single Ownership and Control.
Land within the Independence Avenue PRO zone (only in the 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.
14.50(12).050 Phasing and Phase Frontage.
(1) A project in the Independence Avenue PRO may be phased. Phases shall be contiguous and contain multiple buildings, landscaped area, parking and appropriate amenities.
(2) Each lot or parcel of land in the Independence Avenue PRO zone shall abut a public street for a minimum distance of one hundred thirty (130) feet on a line parallel to the centerline of the street.
14.50(12).060 Residential Density.
Lot area per dwelling in the Independence Avenue PRO zone shall be one (1) dwelling unit per three thousand (3000) square feet of land area or fourteen (14) units per acre, whichever is less.
14.50(12).070 Yard Requirements.
The following minimum yard requirements shall apply in the Independence Avenue PRO zone:
(1) Front Yard. Each front yard shall be landscaped and maintained as common area.
(2) Side Yard - End units. The side yard for end units contiguous to another building or adjacent to a drive or driveway shall be ten (10) feet.
(3) Rear Yard. Each lot or parcel shall have a rear yard or private driveway of not less than fifteen (15) feet.
14.50(12).080 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, and
(c) necessary appurtenances for utility service.
(2) The structures listed below may project into a minimum front or rear yard not more than two (2) 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.
14.50(12).090 Building Height.
Each building on a lot or parcel of land in the Independence Avenue PRO zone shall have a maximum height of thirty-five (35) feet or three (3) stories, whichever is less. Chimneys, flagpoles, or similar structures not used for human occupancy shall be excluded in determining height. Accessory buildings shall not exceed eight (8) feet in height.
14.50(12).100 Distance Between Buildings.
14.50(12).110 Permissible Site Coverage.
In the Independence Avenue PRO zone all building and structures shall not cover more than twenty five percent (25%) of the site upon which they are placed.
14.50(12).120 Parking, Loading and Access.
Each lot or parcel in the Independence Avenue PRO zone shall have on the same lot or parcel, or adjacent to, or in front of, the lot or parcel located in the same zone, automobile parking sufficient to comply with the following requirements:
(1) Multifamily residential: Parking in the amount of two (2) parking spaces for each two (2) and three (3) bedroom unit, and one-quarter (1/4) visitor parking space per dwelling unit. Visitor parking spaces shall be located throughout the project and shall be designated and posted with signs or markings to prohibit resident parking therein.
(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 private driveway.
(3) All parking and driveways shall comply with the provisions of Section 14.37.080, Provo City Code.
14.50(12).130 Project Plan Approval/Design Review.
(1) 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 Independence Avenue PRO zone:
(2) General building requirements.
(a) The design of development within the Independence Avenue PRO zone shall include common themes and styles in building designs. Exterior colors shall be coordinated and harmonizing with other buildings. Each building 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.
(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), cement siding or vinyl siding shall be used. Aluminum siding is prohibited.
(d) To the extent allowed by flood protection measures set forth in the Provo City Code or other applicable law, 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.
(3) Any development phase which follows the initial phase of development within the Independence Avenue PRO zone shall be consistent with the design of such initial phase, as determined by the Design Review Committee.
(4) The project shall comply with the standards set forth in Section 14.34.285, Provo City Code except for the following Subsections: 14.34.285(5)(c)(ii) regarding “building locations on interior lots”; 14.34.285(6)(b)(i) regarding parking in front of any front face of a residential building; 14.34.285(8)(b)(ii) regarding wall heights; and 14.34.285(10)(a)(i) regarding painted wood.
14.50(12).140 Landscaping and Lighting.
(1) Landscaping and lighting within a project located in the Independence Avenue PRO zone shall comply with the standards and guidelines contained in Chapters 15.20 and 15.21, Provo City Code, except as otherwise provided in this Section.
(2) All residential yard areas except those portions devoted to driveways, buildings, private fenced back yards, or parking, shall be designed with suitable landscaping of plants, shrubs, trees, grass, and similar landscaping materials.
(3) Street trees shall be provide and maintained to improve and beautify the Independence Avenue 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 twenty five (25) feet of street frontage. In addition, one (1) tree per three (3) dwelling units and six (6) shrubs per one (1) dwelling unit shall be planted.
(4) 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.
(5) Buildings shall be situated with respect to and in accordance with the topography and natural features of the developable lot or parcel.
(6) Pedestrian circulation shall be encouraged in the Independence Avenue PRO zone. Sidewalks adjacent to the front of units all have a minimum dimension of six (6) feet.
(7) Light fixtures shall be provided at each building entrance.
(8) Post lamps shall be provided near sidewalks, at a rate of one (1) post lamp per three (3) dwelling units.
14.50(12).150 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.
(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. 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.
(3) Fences shall be constructed of vinyl, cedar, or masonry materials.
(4) A sound wall eight (8) feet in height shall be constructed adjacent to any railroad right-of-way which abuts property in the Independence Avenue PRO zone.
14.50(12).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.