14.37.080 General Provisions.
The following general provisions shall apply to off-street parking requirements in this Chapter:
(1) Location. Off-street parking facilities shall be located as hereinafter specified:
(a) For one-family, duplex, and multiple residential dwellings, required parking shall be located on the same lot as the building which they are required to serve.
(b) For all other uses (i.e., commercial uses), required parking shall be located on the same lot or on an abutting lot.
Required parking shall not be located across a public street, or with an intervening property, except by a conditional use permit approved by the Planning Commission, subject to the conditions set forth in Section 14.34.320, Provo City Code. In the event a separately owned lot is utilized, a lease shall be recorded with the Utah County Recorder.
(c) No off-street parking shall be permitted in a required front yard or street side yard, as otherwise stipulated in the respective zones, with the following exceptions:
(i) Parking spaces for a one-family dwelling, a one-family dwelling associated with an accessory living space, and a two-family dwelling may be located on a driveway in a required front yard, provided:
(A) Such driveway leads to the minimum number of required covered off-street parking spaces which are located behind any required front setback, and
(B) Both parking spaces in each tandem parking area are designated to serve the same dwelling unit.
(ii) Notwithstanding any contrary provision of this Title, covered parking requirements are eliminated and required parking may be located on a driveway in a required front yard of any one-family dwelling when the following requirements are met:
(A) The dwelling is one story high and was originally constructed with one thousand (1,000) square feet or less of habitable space on the main level. When determining the square footage of the main level habitable space of a home, the Development Services Director or the Director’s designee may approve an additional exception up to ten (10) percent;
(B) The building lot is such that all existing side yards are insufficient to provide driveway access to the side or rear yard;
(C) The parking meets the parking design standards set forth in Section 14.37.100, Provo City Code, without being allowed to project over the public sidewalk or any other area originally designed for pedestrian access;
(D) The parking located on the front yard driveway does not exceed three (3) total spaces;
(E) The parking is not located in front of the primary entry to the dwelling; and
(F) The paved parking and access in the front yard, if created after May 19, 2009, does not violate an applicable lot coverage requirement set forth in this Title.
(2) Illumination. Any lights provided to illuminate any parking area permitted by this Chapter shall be arranged so as to reflect the light away from adjacent premises.
(3) Mixed Occupancies in the Building. In the case of mixed uses in the building or on a lot, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. Off-street parking facilities for one (1) use shall not be considered as providing required parking facilities for any other use, except as hereinafter specified for joint use.
(4) Joint Use. The Planning Commission may, upon application by the owner or lessee of any property, authorize the joint use of parking facilities by the following uses or activities under conditions specified herein.
(a) Up to fifty percent (50%) of the parking facilities required by this Code for a use considered to be a nighttime use may be provided by the parking facilities of a use considered to be primarily a daytime use, provided such reciprocal parking area shall be contiguous, and the joint use of such facilities is assured by recording in the Office of the County Recorder of Utah County, Utah, of a covenant by such owner or owners of properties jointly used as prescribed by Section 14.37.110(1), Provo City Code.
(5) Common Facilities. Common parking facilities may be provided in lieu of the individual requirements contained herein, provided the total of such off-street parking spaces, when used together, shall not be less than the sum of the various uses computed separately. If the common facilities are located on more than one (1) lot, a covenant for the preservation of said parking facilities must be filed in accordance with the provisions of Section 14.37.110(1), Provo City Code.
(6) Submission of Plans. The plans for any proposed parking area or expansion of existing parking area shall be submitted to the Development Services Department for Project Plan Approval. The plans shall clearly indicate the proposed development, including location, size, shape, design, curb cuts, lighting, landscaping and other features and appurtenances of the proposed parking lot. As part of Project Plan Approval a bond will be required in an amount to be determined by the Engineering Department, to guarantee the completion of all improvements and conditions of Project Plan Approval.
(7) No Parking as an Accessory Use Unless a Permitted Use Is in Force. A parking area may be permitted or required in any zone as an accessory use to the principal permitted or conditional use existing on the same lot or parcel of property but such accessory use shall not be permitted in an RA, R1, RC, R2, or RM zone unless there is a principal use on the same parcel which the parking legitimately serves as an accessory use. This provision applies to parking as well as other uses listed in the Standard Land Use Code under use numbers 4600. For purposes of this subsection, a lot or parcel of property shall be defined as property shown in the official records of the Utah County Recorder as a separate piece of property with its own tax identification number.