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Provo City Zoning Code

14.5014 Place

on Ninth Project Redevelopment Option Zone

Each development in the Place on Ninth PRO zone shall adhere to the provisions of 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 Place on Ninth 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(14).010 Purpose and Intent.

The purpose of the Place on Ninth Project Redevelopment Option zone is to allow owner-occupied units in the Dixon and Timp Neighborhoods. This zone has been created to implement the goals of the General Plan to encourage owner-occupancy and to remove blighted residential properties. The standards set forth herein are intended to encourage long term stability through home ownership; to enhance the quality of the neighborhood through compatible residential design; and to reinforce neighborhood architectural character through the use of compatible building materials and landscaping.

(Enacted 2006-43, Am 2022-54)

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

In addition to the development standards contained in this Chapter, areas zoned to the Place on Ninth PRO zone shall comply with the development requirements in Titles 14 and 15, Provo City Code, unless modified by this Chapter.

(Enacted 2006-43)

14.50(14).030 Permitted Uses.

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

Use No.

Use Classification

1111

One-family dwelling 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 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)

6910

Religious activities

(5) Permitted Accessory Uses. Accessory uses and structures are permitted in the Place on Ninth 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) Vegetable and flower gardens;

(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 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.

(e) No accessory buildings shall be permitted, except gazebos, shelters and other such recreational buildings or structures constructed in designated open space for use by the entire development as determined by a Homeowner’s Association.

(6) Conditional Uses. There are no conditional uses in the Place on Ninth PRO zone.

(Enacted 2006-43, Am 2021-33)

14.50(14).040 Single Ownership and Control.

Land within the Place on Ninth PRO zone shall be in single ownership or single control during design and 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 2006-43)

14.50(14).050 Project Area.

The minimum area for a project in the Place on Ninth PRO zone shall be .65 acre.

(Enacted 2006-43)

14.50(14).060 Minimum Finished Floor Area.

The minimum finished floor area of a dwelling unit in the Place on Ninth PRO zone shall be one thousand eight hundred (1,800) square feet for detached units including basement area.

(Enacted 2006-43)

14.50(14).070 Build Pad Width and Depth Requirements.

Each building pad in the Place on Ninth PRO zone shall have an average width of not less than thirty (30) feet. The building pad shall have a minimum depth of forty (40) feet for each detached unit.

(Enacted 2006-43)

14.50(14).080 Project Frontage.

Each project in the Place on Ninth PRO zone shall have public street frontage of at least one hundred thirty-two (132) feet.

(Enacted 2006-43)

14.50(14).090 Residential Density.

Residential density in the Place on Ninth PRO zone shall not exceed five (5) dwelling units per .65 acres.

(Enacted 2006-43)

14.50(14).100 Yard Requirements.

The following minimum yard requirements shall apply in the Place on Ninth PRO zone:

(1) Front Yard (street frontage). Each structure fronting on a public street shall have a front yard of thirty (30) feet.

(2) Front Yard (interior lots). Each structure fronting on a private street or collective drive shall have a front yard of not less than fourteen (14) feet.

(3) Side Yard Abutting Adjacent Property. Each structure shall have a side yard abutting adjacent property of not less than ten (10) feet.

(4) Interior Side Yard. Each structure may have a zero (0) foot side yard along property lines within a common development.

(5) Rear yard. Each structure shall have a rear yard of not less than twelve (12) feet.

(Enacted 2006-43)

14.50(14).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 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.

(Enacted 2006-43)

14.50(14).120 Garbage Collection.

Each unit shall have individual garbage containers which conform with Provo City Code requirements. Garbage containers shall be placed for pick-up on a public street or other locations approved by the City. When not placed outside for pick-up, garbage containers shall be stored inside a garage.

(Enacted 2006-43)

14.50(14).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 2006-43)

14.50(14).140 Building Height.

No lot or parcel of land in the Place on Ninth PRO zone shall have a building or structure that exceeds a height of two (2) stories with a maximum of thirty (30) feet. Chimneys, flagpoles, or similar structures not used for human occupancy shall be excluded in determining height.

(Enacted 2006-43, Am 2007-33)

14.50(14).150 Distance Between Buildings.

The minimum distance between any buildings on a lot or parcel shall be as allowed by the building code or ten (10) feet, which ever is greater.

(Enacted 2006-43)

14.50(14).160 Permissible Site Coverage.

In the Place on Ninth PRO zone, the total coverage of all buildings and structures shall not exceed thirty percent (30%) of the site area.

(Enacted 2006-43)

14.50(14).170 Parking, Loading, and Access.

Each unit in the Place on Ninth PRO zone shall have two (2) enclosed parking spaces per dwelling unit. Visitor parking spaces shall be provided as determined by the Planning Commission in front of the garages in the driveway. No parking shall be allowed on any private lane accessing a dwelling unit.

(Enacted 2006-43)

14.50(14).180 Access to Enclosed Parking.

Access to enclosed parking not accessible from a public street shall be provided by a collective drive at least twenty (20) feet wide. No parking shall be permitted in the drive, except in approved parking areas.

(Enacted 2006-43)

14.50(14).190 Project Plan Approval/Design Review.

Each development in the Place on Ninth PRO zone shall adhere to the provisions of 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 Place on Ninth 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) Architecture shall harmonize with permanent neighboring development. 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 neighborhood dwellings.

(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) Each residential unit shall have an associated private outdoor space, deck or patio. Attached dwelling units shall have a private fenced rear yard. Detached units shall have a front porch and private fenced side yard.

(2) Entrance Signs. Sign design shall reflect the architectural style of the project. One (1) entrance sign shall be permitted. Total sign square footage shall not exceed thirty-two (32) square feet. Maximum height shall not exceed four (4) feet. Sign shall impede clear vision area. Sign design shall be approved by the Design Review Committee.

(3) Landscape Requirements. 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. All trees shall be a minimum two (2) inch caliper in size and all shrubs shall be a minimum of five (5) gallon size. There shall be a minimum of two (2) trees and ten (10) shrubs per dwelling unit. All trees planted in a planter strip in a public right-of-way shall be two (2) inches in caliper and be of a type determined by the Provo City Urban Forester.

(Enacted 2006-43)

14.50(14).200 Fencing Standards.

(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. 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.

(2) A fence not more than six (6) feet high may be constructed in a side yard adjacent to a public street on a corner lot, provided it does not extend into the clear vision area of a corner lot as defined by Section 14.34.100, Provo City Code.

(3) 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.

(4) Fence design and materials shall be approved by the Design Review Committee.

(Enacted 2006-43)

14.50(14).210 Notice of Parking and Occupancy Restrictions.

(1) Dwelling unit occupancy in the Place on Ninth PRO zone shall be limited to family occupancy as defined by this Title. Not withstanding any contrary provision in this Title, no accessory apartment or second kitchen shall be permitted in any dwelling unit.

(2) Parking shall be provided for a minimum of three (3) spaces per dwelling unit and each unit shall be limited to not more than two (2) vehicles. No recreational vehicles shall be stored on property outside of an enclosed garage.

(3) Prior to the issuance of a certificate of occupancy for new a 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 6" X 6" metal or plastic plate permanently attached to the electrical box with minimum one-half (1/2) inch engraved letters.

(Enacted 2006-43, Am 2007-33)