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Provo City Zoning Code

14.5023 Franklin

Heights Redevelopment Option Zone

Each development in the Franklin Heights PRO zone shall comply with 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 development in the Franklin Heights PRO zone:

(1) Building Requirements.

(a) Building forms and landscape materials shall be harmonious with existing neighborhood dwellings. Architectural features should enhance individual identity of each dwelling unit.

14.50(23).010 Purpose and Intent.

The purpose of the Franklin Heights Project Redevelopment Option zone is to allow mixed income home ownership revitalization development in the Franklin neighborhood of Provo on a project basis which includes individual dwelling units. This zone has been created to implement the goals of the General Plan to revitalize downtown neighborhoods with owner-occupancy and to remove blighted commercial and incompatible residential properties. The intent of this zone is to reinforce the growth of the Franklin Neighborhood into an owner-occupied neighborhood. The standards set forth herein are intended to encourage long term stability; to enhance the quality of the neighborhood through compatible residential densities; and to reinforce neighborhood historical architectural character through the use of compatible building materials, building design and landscaping.

(Enacted 2008-42)

14.50(23).020 Compliance with Titles 14 and 15 Required.

In addition to the development standards contained in this Chapter, areas zoned to the Franklin Heights PRO zone shall comply with the development requirements in Titles 14 and 15, Provo City Code, which are not specifically addressed in this Chapter.

(Enacted 2008-42)

14.50(23).030 Permitted Uses.

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

Use No.

Use Classification

1112

One-family dwelling or town home, attached (to one (1) or more one-family dwellings) (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 Franklin Heights 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 a 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 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 Franklin Heights PRO zone.

(Enacted 2008-42, Am 2021-33)

14.50(23).040 Single Ownership and Control.

Land within the Franklin Heights 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 2008-42)

14.50(23).050 Project Area.

The minimum area for a project in the Franklin Heights PRO zone shall be one (1) acre.

(Enacted 2008-42)

14.50(23).060 Minimum Finished Floor Area.

The minimum finished floor area of a dwelling unit in the Franklin Heights PRO zone shall be one thousand two hundred (1,200) square feet.

(Enacted 2008-42)

14.50(23).070 Build Pad Width and Depth Requirements.

Each building pad for attached units in the Franklin Heights PRO zone shall have an average width of not less than twenty (20) feet and a minimum depth of fifty (50) feet.

(Enacted 2008-42)

14.50(23).080 Project Frontage.

Each project in the Franklin Heights PRO zone shall have public street frontage of at least one hundred and fifty (150) feet.

(Enacted 2008-42)

14.50(23).090 Residential Density.

Residential density in the Franklin Heights PRO zone shall not exceed twenty (20) dwelling units per gross acre.

(Enacted 2008-42)

14.50(23).100 Yard Requirements.

The following minimum yard requirements shall apply in the Franklin Heights PRO zone:

(1) Front Yard. Each structure fronting on a public street shall have a minimum front yard of ten (10) feet.

(2) Street Side Yard. Each structure adjacent to a public street shall have a minimum street side yard of eight (8) feet.

(3) Interior Side Yard. Each structure shall have an interior side yard of not less than eight (8) feet.

(Enacted 2008-42)

14.50(23).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; and

(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; and

(c) Stairways, balconies, door stoops, fire escapes, awnings, porches, decks, and planter boxes or masonry planters.

(Enacted 2008-42)

14.50(23).120 Garbage Collection.

A minimum of one (1) trash collection enclosure shall be provided for each structure not fronting a public street with garbage containers which conform to Provo City Code requirements. Each dwelling unit fronting a public street shall have individual garbage containers which conform to 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 2008-42)

14.50(23).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 2008-42)

14.50(23).140 Building Height.

No lot or parcel of land in the Franklin Heights PRO zone shall have a building or structure that exceeds a height of two (2) stories with a maximum of thirty-five (35) feet. Chimneys, flagpoles, or similar structures not used for human occupancy shall be excluded in determining height.

(Enacted 2008-42)

14.50(23).150 Distance Between Buildings.

The minimum distance between any buildings on a lot or parcel shall be as allowed by the International Building Code or ten (10) feet, whichever is greater.

(Enacted 2008-42)

14.50(23).160 Permissible Site Coverage.

In the Franklin Heights PRO zone, all buildings and structures shall not cover more than fifty percent (50%) of the site area upon which they are placed.

(Enacted 2008-42)

14.50(23).170 Parking, Loading, and Access.

Each unit in the Franklin Heights PRO zone shall have two (2) enclosed parking spaces. A suitable number of visitor parking spaces shall be provided as determined by the Planning Commission as part the approval of a preliminary project plan. Visitor parking spaces shall be marked as such on the pavement and with a sign in front of each space.

(Enacted 2008-42)

14.50(23).180 Access to Enclosed Parking.

Access to enclosed parking not accessible from a public street shall be provided by an alley which is at least twenty four (24) feet wide. No parking shall be permitted in the alley, except in approved parking areas.

(Enacted 2008-42)

14.50(23).190 Project Plan Approval/Design Review.

Each development in the Franklin Heights PRO zone shall comply with 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 development in the Franklin Heights PRO zone:

(1) Building Requirements.

(a) 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 or project open space. Window designs may be varied to reflect 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.

(2) Entrance Signs.

(a) Sign design shall reflect the architectural style of the project and shall be approved by the Design Review Committee.

(b) One (1) project entrance sign shall be permitted.

(c) Total sign square footage shall not exceed thirty-two (32) square feet. Maximum sign height shall not exceed four (4) feet.

(d) No sign may block the clear vision area.

(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.

(a) Each tree shall be a minimum of two (2) inch caliper in size and each shrub shall be a minimum of five (5) gallon size. There shall be a minimum of two (1) tree per dwelling unit and four (4) shrubs per dwelling unit.

(b) All trees planted in a planter strip in a public right-of-way shall be two (2) inch caliper and be of a type determined by the Provo City Urban Forester.

(Enacted 2008-42)

14.50(23).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 two (2) sections or a maximum of twelve (12) 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 four (4) feet in height in a front yard.

(2) 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.

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

(Enacted 2008-42)

14.50(23).210 Notice of Parking and Occupancy Restrictions.

(1) Occupancy in the Franklin Heights PRO zone shall be limited to one (1) family or two (2) baching singles as defined in Section 14.06, Provo City Code.

(2) No accessory apartment or second kitchens shall be permitted in any dwelling unit.

(3) No recreational vehicles shall be stored on the property outside of an enclosed garage attached to a dwelling unit.

(Enacted 2008-42)