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Provo City Zoning Code

14.5024 Brimhall

Estates Project Redevelopment Option Zone

Each development in the Brimhall Estates PRO zone shall comply with Sections 14.04A.020 (Project Plan), 14.34.280 (Design Review) and 14.34.285 (Residential Design Standards). All structures shall receive approval from the Design Review Committee prior to the issuance of a building permit. The following specific design standards shall apply to all development in Brimhall Estates PRO zone:

(1) Building Requirements.

(a) Development design shall include variety of building colors and textures. Building forms and landscape materials shall be harmonious with existing neighborhood dwellings. Architectural character shall be similar to the historic character of dwellings in the neighborhood. Architectural features should enhance individual identity of each dwelling unit.

14.50(24).010 Purpose and Objectives.

The purpose of the Brimhall Estates Project Redevelopment Option (PRO) zone is to develop owner-occupied units in the Maeser Neighborhood. 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 2009-04)

14.50(24).020 Compliance with Titles 14 and 15 Required.

The Brimhall Estates PRO zone shall comply with the development requirements in Titles 14 and 15, Provo City Code, unless alternative standards are specifically set forth within this Chapter.

(Enacted 2009-04)

14.50(24).030 Permitted Uses.

(1) Those uses or categories of uses as listed herein, and no others, are permitted in the Brimhall Estates 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 or two digits are zeros.

(3) All such categories listed herein and all specific uses contained within them in the Standard Land Use Code will be permitted in the Brimhall Estates PRO zone, subject to the limitations set forth herein.

(4) Permitted Principal Uses. The following principal uses and structures, and no others, are permitted in the Brimhall Estates PRO zone:

Use No.

Use Classification

1111

One-family dwelling - detached

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

7600

Parks

(5) Permitted Accessory Uses. Accessory uses and structures are permitted in the Brimhall Estates 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) Accessory buildings, such as garages (excluding 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) Vegetable and flower gardens and noncommercial orchards;

(d) Home occupations subject to the regulations of Chapter 14.41, Provo City Code;

(e) 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 hereto, and provided further that such use shall be permitted only during the construction period and thirty (30) days thereafter; and

(f) 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. There are no conditional uses permitted in the Brimhall Estates PRO zone.

(Enacted 2009-04, Am 2021-33)

14.50(24).040 Single Ownership and Control.

Land within the Brimhall Estates 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, 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 2009-04)

14.50(24).050 Project Area.

The minimum area for any project in the Brimhall Estates PRO zone shall be 0.4 acre.

(Enacted 2009-04)

14.50(24).060 Minimum Finished Floor Area.

The minimum finished floor area of a dwelling unit in the Brimhall Estates PRO zone shall be nine hundred seventy-six (976) square feet for any existing home and one thousand four hundred seventy five (1,475) square feet for each new detached unit.

(Enacted 2009-04)

14.50(24).070 Plat Requirements.

Each dwelling unit in the Brimhall Estates PRO zone shall be built on a planned unit development platted building pad meeting the minimum building pad width and depth requirements described in this Chapter or shall be built on a platted lot meeting the minimum area, width, depth and frontage requirements described in this Chapter.

(Enacted 2009-04)

14.50(24).080 Building Pad Width and Depth Requirements.

Each building pad in the Brimhall Estates PRO zone shall have an average width of not less than forty (40) feet and depth of twenty-eight (22) feet for each attached or detached unit.

(Enacted 2009-04)

14.50(24).090 Lot Area.

The minimum area of any lot or parcel of land in the Brimhall Estates PRO zone shall eight thousand (8,000) square feet.

(Enacted 2009-04)

14.50(24).100 Lot Width.

Each individual lot in the Brimhall Estates PRO zone shall have an average width of not less than ninety-nine (99) feet.

(Enacted 2009-04)

14.50(24).110 Lot Depth.

Each individual lot in the Brimhall Estates PRO zone shall have a minimum lot depth of eighty-nine (89) feet.

(Enacted 2009-04)

14.50(24).120 Lot Frontage.

Each individual lot in the Brimhall Estates PRO zone shall abut on a public street for a minimum distance of ninety-nine (99) feet on a line parallel to the centerline of the street. The flag lot provisions set forth in Section 14.34.140(3), Provo City Code, do not apply to lots in the Brimhall Estates PRO zone.

(Enacted 2009-04)

14.50(24).130 Yard Requirements.

The following minimum yard requirements shall apply in the Brimhall Estates PRO zone:

(1) Front Yard. Each dwelling unit or lot in the Brimhall Estates PRO zone shall have a front yard of not less than twenty and one-half (20.5) feet.

(2) Side Yard. Each dwelling unit or lot in the Brimhall Estates PRO zone shall have a side yard of at least five (5) feet on each side unless the side yard is within a public utility easement wherein the side yard shall be at least eight (8) feet.

(3) Side Yard - Corner Lot. The street side yard on a corner lot shall be eight (8) feet.

(4) Side Yard - Driveway. See Section 14.37.100, Provo City Code.

(5) Accessory Buildings Within the Buildable Area. Accessory buildings meeting all setback requirements (within the buildable area) for the main dwelling shall:

(a) have a building footprint and height less than the main dwelling;

(b) comply with all lot coverage requirements;

(c) comply with the latest adopted edition of the International Building code; and

(d) only be used for those accessory uses allowed in the respective zone.

(6) Accessory Building Outside the Buildable Area. Accessory buildings that do not meet the setback requirements (outside the buildable area) for the main dwelling shall meet the conditions in subsection (5) above and the following:

(a) be no closer to the front property line than the main building;

(b) be no larger than ten per cent (10%) of the actual lot area of said property;

(c) be set back a minimum of three (3) feet from any property line;

(d) not be located within a recorded public utility easement, unless a release can be secured from all public utilities;

(e) have no portion of the building exceed twelve (12) feet in height within ten (10) feet of a property line;

(f) not be located within a front or street side yard; and

(g) comply with distance between buildings requirements.

(7) Rear Yard. Each dwelling unit or lot in the Brimhall Estates PRO zone shall have a rear yard of at least fifteen (15) feet on each side unless the rear yard is within a public utility easement wherein the rear yard shall be at least eight (8) feet.

(Enacted 2009-04, Am 2011-08)

14.50(24).140 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 four (4) feet, and into a minimum side yard not more than two and one-half (2.5) 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.

(Enacted 2009-04)

14.50(24).150 Building Height.

No lot or parcel of land in the Brimhall Estates PRO zone shall have a building or structure used for dwelling or public assembly which exceeds a height of twenty-eight (28) feet. Chimneys, flagpoles, or similar structures not used for human occupancy are excluded in determining height.

(Enacted 2009-04)

14.50(24).160 Distance Between Buildings.

The minimum distance between any buildings on a lot shall be six (6) feet or that distance required by the International Building Code, whichever is greater.

(Enacted 2009-04)

14.50(24).170 Permissible Lot Coverage.

In the Brimhall Estates PRO zone, all buildings and structures shall not cover an area of more than fifty (50) percent of the lot or parcel of land upon which they are placed.

(Enacted 2009-04)

14.50(24).190 Parking, Loading and Access.

(1) Each residential unit in the Brimhall Estates PRO zone shall provide two (2) covered parking spaces and be designed according to the requirements of Chapter 14.37, Provo City Code.

(2) All parking spaces shall be built as described in Section 14.37.090, Provo City Code, and shall be provided with paved concrete access from a public street or alley.

(Enacted 2009-04, Am 2020-09)

14.50(24).200 Project Plan Approval/Design Review.

Each development in the Brimhall Estates PRO zone shall comply with Sections 14.04A.020 (Project Plan), 14.34.280 (Design Review) and 14.34.285 (Residential Design Standards). All structures shall receive approval from the Design Review Committee prior to the issuance of a building permit. The following specific design standards shall apply to all development in Brimhall Estates PRO zone:

(1) Building Requirements.

(a) Development design shall include variety of building colors and textures. Building forms and landscape materials shall be harmonious with existing neighborhood dwellings. Architectural character shall be similar to the historic character of dwellings in the neighborhood. 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 forms shall harmonize with the architectural character of adjacent buildings; including gable, hip, and pyramid.

(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.

(Enacted 2009-04)

14.50(24).210 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 Brimhall Estates PRO zone:

(a) one (1) sign or name plate not exceeding two (2) square feet which identifies the name and/or address of the occupant of each one-family dwelling;

(b) 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, and no other; and

(c) signs or monuments identifying points of interest or sites of historic significance.

(2) Landscaping. See Section 15.20.080(2)(b), Provo City Code.

(3) Trash Storage. See Section 14.34.080, Provo City Code.

(4) Fencing Standards. See Section 14.34.500, Provo City Code.

(Enacted 2009-04, Am 2021-05)

14.50(24).220 Parking and Occupancy Restrictions.

(1) Dwelling unit occupancy in the Brimhall Estates PRO zone shall be limited to two (2) adult persons, with or without children and shall meet the definition of family contained in Chapter 14.06, Provo City Code. Accessory apartment or second kitchens shall not be permitted.

(2) Owners of residential units shall be limited to two (2) parking spaces per unit and each unit shall be limited to the operation of two (2) vehicles from the premises at any given time.

(Enacted 2009-04)