Provo City Zoning Code
14.5017 Joaquin
Village Project Redevelopment Option Zone
14.50(17).010 Purpose and Objectives.
The Joaquin Village Project Redevelopment Option (PRO-A-17) zone is established to provide a high density multiple residential mixed-use character located within the South Campus Planning Area as identified in the General Plan. The densities permitted by this zone are intended to encourage redevelopment of land for residential uses where property values are high and demolition may be necessary. The uses typically permitted in this zone are apartments, baching apartments, and limited commercial and office uses.
14.50(17).020 Compliance with Titles 14 and 15 Required.
14.50(17).030 Permitted Uses.
(1) Those uses or categories of uses listed herein, and no others, are permitted in the Joaquin Village PRO zone.
(2) All uses contained 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 or two digits are zeroes.
(3) All such categories listed herein and all specific uses contained within them in the Standard Land Use Code shall be permitted in the Joaquin Village PRO zone, subject to the limitations set forth in this Chapter.
(4) Permitted Principal Uses. The following principal uses and structures, and no others, are permitted in the Joaquin Village PRO zone:
Use No. | Use Classification |
Apartments (high rise) | |
Baching apartments (maximum of four [4] individuals per unit) | |
Groceries (ground level only, not exceeding five percent (5%) of the total floor area for all uses as shown on an approved project plan for a mixed-use residential development) | |
Other retail trade - General Merchandise (ground level only, not exceeding five percent (5%) of the total floor area for all uses as shown on an approved project plan for a mixed-use residential development) | |
Apparel and accessories (ground level only, not exceeding five percent (5%) of the total floor area for all uses as shown on an approved project plan for a mixed-use residential development) | |
Eating places (ground level only, not exceeding five percent (5%) of the total floor area for all uses as shown on an approved project plan for a mixed-use residential development) | |
Miscellaneous retail trade (ground level only, not exceeding five percent (5%) of the total floor area for all uses as shown on an approved project plan for a mixed-use residential development) | |
Beauty and barber services (ground level only, not exceeding five percent (5%) of the total floor area for all uses as shown on an approved project plan for a mixed-use residential development) | |
Gymnasiums, athletic clubs, body-building studios, spas, health clubs, aerobic centers, etc (ground level only, not exceeding five percent (5%) of the total floor area for all uses as shown on an approved project plan for a mixed-use residential development) | |
Religious activities (ground level only, not exceeding five percent (5%) of the total floor area for all uses as shown on an approved project plan for a mixed-use residential development) |
(5) Permitted Accessory Uses. Accessory uses and structures are permitted in the Joaquin Village 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) accessory buildings such as garages, carports, bath houses, greenhouses, 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 bath houses subject to the standards of Section 14.34.210, 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; and
(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 persons or property.
(6) Conditional Uses. The following uses and structures are permitted in the Joaquin Village 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(17).040 Lot Area.
14.50(17).050 Lot Width.
14.50(17).055 Lot Depth.
14.50(17).060 Lot Frontage.
14.50(17).070 Lot Area Per Dwelling Unit.
(1) The lot area per dwelling unit in the Joaquin Village PRO zone shall be one (1) dwelling unit for each nine hundred (900) square feet of lot area.
(2) When a lot area per dwelling unit calculation results in a fraction, the number of allowed units shall be rounded to the nearest whole number.
14.50(17).080 Yard Requirements.
The following minimum yard requirements shall apply in the Joaquin Village PRO zone:
(1) Front Yard. Each lot or parcel in the Joaquin Village PRO zone shall have a front yard of at least ten (10) feet.
(2) Side Yard. Except as provided in Subsections (3), (4), and (5) of this section, each lot or parcel of land in the Joaquin Village PRO zone shall have a side yard of at least ten (10) feet on each side lot line. A building exceeding thirty-five (35) feet in height shall have a side yard of ten (10) feet per side plus an additional one (1) foot of setback for each two (2) feet of building height over thirty-five (35) feet.
(3) Side Yard - Driveway. See Section 14.37.100, Provo City Code.
(4) Rear Yard. Each lot or parcel of land in the Joaquin Village PRO zone shall have a rear yard of not less than ten (10) feet.
14.50(17).090 Projections into Yards.
(1) The following structures may be erected on or project into any required yard;
(a) fences and walks in conformance with the Provo City Code and other City codes and ordinances;
(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 four (4) 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.
14.50(17).100 Building Height.
No lot or parcel of land in the Joaquin Village PRO zone shall not have a building or structure located on 500 North street that exceeds forty (40) feet along the front building line, including any exposed subgrade parking structure. Twenty-five (25) feet beyond the front building wall along 500 North street building height may increase to forty-eight (48) feet. All portions of a structure more than fifty (50 feet back of the front building line shall not exceed a height of fifty-five (55) feet. Exceptions include those permitted by Section 14.31.060, Provo City Code. Chimneys, flagpoles, towers and similar structures not used for human occupancy shall be excluded in determining height.
14.50(17).110 Distance Between Buildings.
14.50(17).120 Permissible Lot Coverage.
(1) In an Joaquin Village PRO zone, all buildings and structures shall cover an area of not more than fifty per cent (50%) of the lot or parcel of land upon which they are placed.
(2) Parking structures shall be constructed below grade and shall not exceed two and one-half feet above street curb on any frontage. Parking structures shall not be considered as part of the lot coverage but shall have additional review by the Planning Commission or its designee to assure the parking structure is screened and buffered from adjacent property and public view.
14.50(17).130 Parking, Loading, and Access.
(1) Each lot or parcel of land in the Joaquin Village 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) resident parking provided at the rate of 0.64 parking space per bedroom; and
(b) visitor parking provided at a rate of 0.25 space per dwelling unit. Visitor parking spaces shall be designated and posted with signs to prohibit resident parking therein.
(c) All other regulations of Chapter 14.37, Provo City Code, shall apply.
14.50(17).140 Project Plan Approval/Design Review.
14.50(17).150 Other Requirements.
(1) Signs. Unless otherwise prohibited by law, signs of the type and description listed below, and no others, may be placed and maintained in the Joaquin Village PRO zone:
(a) one (1) sign or name plate not exceeding fifty (50) square feet placed upon a building or ornamental masonry wall which identifies the name and/or address of an apartment structure or complex, a professional office complex, or a mixed apartment/office complex;
(b) one (1) directory sign identifying the names and locations of tenants occupying the premises which does not exceed ten (10) square feet and is not placed within a front yard area; and
(c) two (2) temporary signs with a maximum area of six (6) square feet, each pertaining to the sale, lease or rent of the particular building, property, or premises upon which displayed.
(2) Landscaping. The landscaping requirements set forth in Chapter 15.20, Provo City Code, shall apply with the following exceptions:
(a) Foundation planting beds as described in Table 15-20-1, Provo City Code, may be replaced with planter boxes when above subgrade parking structure.
(b) Hardscape may constitute up to eight percent (80%) of the site when the site is predominately covered with a subgrade parking structure.
(3) Trash Storage. See Section 14.34.080, Provo City Code.
(4) 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 five (5) feet. Walls, fences, hedges or screening materials which are not sight obscuring (at least fifty per cent (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 per cent (50%) open) may be built to a maximum height of six (6) feet.
(c) Rear Yard. Walls and fences in a rear yard may exceed six (6) feet provided a building permit is first obtained from the Building Inspection Division prior to construction.
(d) Corner Lots. 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.
(e) Entryways. Entry treatments to private driveways or subdivision development entrances may not exceed six (6) feet at the highest point, except lamps on pillars, and shall comply with the provisions of Section 14.34.100, Provo City Code. A pillar may extend up to eighteen (18) inches above the allowable height of a fence provided each pillar is no less than six (6) feet from an adjoining pillar, measured face to face.
(f) Grade Differences. Where there is a difference in the grade of the property 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.
(g) Retaining Walls. Where a retaining wall protects a cut below or a fill above the natural grade and is located on the line separating a lot or parcel, 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.
(Enacted 2007-09)
14.50(17).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, a contract shall be entered into between Provo City and the developer agreeing to a determined occupancy based on a given number of parking spaces. This contract shall be recorded with the Utah County Recorder’s office and shall run with the property. 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. 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 covenants. 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 dwelling units, a permanent notice shall be placed on the electrical box within each unit indicating the maximum allowable occupancy of the unit based on the approved occupancy consistent with the recorded parking and occupancy contract. This notice shall be a 6" X 6" metal or plastic plate that is permanently attached to the electrical box with minimum 1/2-inch engraved letters.
(3) Upon submittal of these documents any violation to the restrictions and regulations noted therein shall be considered a misdemeanor offense and shall be subject to criminal action as provided in Section 1.03.010, Provo City Code.
(4) A certificate of occupancy shall not be issued until a parking permit program is adopted by the City, pursuant to Chapter 9.80, Provo City Code, for the area within and surrounding the Joaquin Village PRO zone.