Since the earliest days of Provo, zoning laws and concepts have kept developments and businesses apart that were not compatible — a men’s clothing store would never be allowed next to a gun shop.

Now the Provo Municipal Council is looking at a completely different way of zoning referred to as form-based codes.

Simply stated, form-based codes deal more with the outside look than the inside product or use.

“Our city code is mid-1970s code,” said Gary McGinn, community development director. “We’ve amended it over the years, but at its heart it’s 1970s.”

McGinn noted that 10 years ago Provo would never have allowed apartments to be built over restaurants.

“Form-based code is a tool that can help the city have better form, design and function,” McGinn said.

Form-based code regulates public property and has standards for streets, according to Josh Yost, city planner.

“For Provo, form-based codes have a number of advantages,” Yost said. “It’s completely agnostic when it comes to style. It is a good tool for master planning.”

Yost said form-based codes expedites development review and removes development agreements.

“Form-based code has to be pre-zoned for it to work,” Yost said. “There are no cities in Utah that’s applied this in a large area. Alpine has it in some areas.”

Yost said Buffalo, New York is an example that has form-based codes for all areas of the city.

The idea is important enough the council spent some time at a recent retreat discussing the matter.

“I found it very interesting,” said Councilman David Sewell. “It was suggested we be cautious with experimenting and to try it in one area, but it didn’t get enough support to do something.”

Sewell said part of the hesitancy by some was they didn’t want to write a blank check to benefit developers.

Form-based codes leave less need for development agreements and gives the developer a pre-zoned code so they know exactly what is expected from them going into a project.

Sewell anticipates the council will be discussing the zoning concept for a while.

“Right now we’re hesitant to pre-zone,” he said.

Councilwoman Kim Santiago said the code can offer developers more predictability in what physical form the city would like an area to take.

“The downside, in my opinion, is the unintended consequences that can follow pre-zoning land,” Santiago said. “One of the possible unintended consequences I see is once the city is pre-zoned, the decisions fall largely on city planners to decide if a development fits the form.”

Santiago added, “The use of land is important to citizens and that is often what brings them to council meetings to express concerns to the council. Giving up some of the decision-making to those who are not elected officials may have negative consequences for citizens when it comes to addressing their concerns.”

Councilman Gary Winterton said he is favorable to the ideas of form-based codes.

“I think I’d like to see a form-based code. It’s easier on the city,” Winterton said. “We know what we’re getting. Developers don’t have to guess what the council said.”

Winterton noted that with the potential of Provo doubling in size over the next 30 years or so a form-based code would definitely help.

If it were to be adopted, it would most likely be implemented in the commercial or downtown transportation areas like around the FrontRunner hub.

It eventually could move to single-family dwelling developments. At that point outdoor building amenities might be coded where they would have to use stucco, brick and rock with specific setbacks.

For now, the council continues to study the pros and cons of the zoning tool to see if Provo and form-based code are a good match.

[gallery_header ids=”1419453″]