The intent and purpose of the large scale development section of this code shall be:

1. To facilitate the orderly development of the city in accordance with the city's comprehensive plan.
2. To permit developers to vary density, architectural styles and building forms on a project-by-project basis, rather than on the basis of traditional zoning concepts.
3. To reduce the tax burden for special services, the costs of which can be more appropriately charged to property owners within the developments.
4. To facilitate a more economical arrangement of buildings, circulation systems, land use, drainage, and utilities, than would otherwise be possible.
5. To promote superior maintenance of buildings and jointly owned open space and facilities within the development, through the use of agreements between the city and homeowners or property owners associations.
6. To facilitate proper development of otherwise derelict and inaccessible land in the centers of blocks.
7. To establish more definitively the rights, duties, and responsibilities of land developers and lot owners with respect to the development and maintenance of land.
8. To coordinate the requirements of the Condominium Enabling Act and the Planning Enabling Act.

The following types of large scale developments may be constructed within the city, but may be located only in the zone(s) in which such development is authorized as an overlay zone district and subject to approval in accordance with the applicable provisions of this title.

(Ord. No. 85-08-19; Ord. No. 05-01-05; Ord. No. 05-26-25; Ord. No. 5-81-2-3-1; Ord. No. 06-01-03; Ord. No. 06-02-08; Ord. No. 07-01-04; Ord. No. 10-16-79; Ord. No. 11-25-80)

The developer(s) shall meet with the Development Review Committee to discuss the basic concept of the proposed large scale development and to obtain information pertaining to the general plan and zoning classification of the area proposed for subdivision, city requirements and standards for design and construction of streets, utilities and other requirements affecting the land proposed to be subdivided. The purpose of the conference(s) is to provide informal assistance to the developer(s) in the preparation of the plans early in the process. The Development Review Committee may suggest changes in the proposed layout so the project may be more fully consistent with the city's general plan and also with the city's development regulations and policies. The recommendations from the Development Review Committee prior to the submission of a formal application shall be purely advisory and in no way shall the conference be construed to constitute approval of the plan.

After the pre-submittal conference the developer shall prepare and submit to the Development Services Department a preliminary plat submittal packet containing the following:

1. An application for approval of the large scale development project, together with copies of plats and materials showing the layout of the proposed project, including the location, size and dimensions of all lots; the placement and cross-section of all proposed streets; the location of all public utility easements; the intended treatment of drainage; and the intended treatment of any other essential features of the proposed project
2. A geotechnical report for the project area
3. Evidence of payment of the required review fee.
4. Evidence of water right proposed to be conveyed to the city.
5. Evidence of review of the proposed project by required public utility agencies.
6. Other materials deemed by city staff to be essential for an adequate understanding of the proposed project. The scale of the plans, content of the materials, number of copies, time of submittal and other particulars regarding the materials provided in support of an application for approval shall be as established, from time to time, by action of the planning commission.

Upon receipt of the preliminary plat submittal packet from the developer the Development Services Director or assignee shall review the plans, documents, and materials for completeness and for conformance with city requirements, standards and general plan, and submit said plans, documents, and statements or portions thereof to the Development Review Committee for their review and recommendation.

1. The Development Review Committee shall conduct a Development Review Conference to review and discuss the materials submitted by the developer.
2. Upon completion of review, the Development Review Committee shall provide the results of the review and comments to the Development Services Director or assignee. The results and comments shall be compiled and provided to the developer.
3. The Development Review Committee may suggest changes in order for the preliminary plat materials to be more consistent with the objectives of the general plan and development regulations and policies.
   

1. After considering the recommendation of all DRC members, the DRC may table the matter, approve, or grant approval, including granting approval upon conditions stated.
   
2. Approval by of the Preliminary Plat shall not constitute final approval of the project, but shall be deemed as approval to proceed with preparation of a final plat, detailed engineering and supporting materials.
   

After receiving authorization to proceed, the developer shall prepare and submit to the Development Services Director a final plat submittal packet containing the following:

1. Application for final plan/plat approval.
2. A reproducible drawing of the proposed final plat prepared in a format approved for recording at the office of the Utah County Recorder.
3. Copies of the detailed engineering documents and other supporting materials.
4. An itemized engineers estimate of the cost of constructing the required improvements.
5. Copy of project documentation.
6. Evidence of payment of review and recording fee.
7. Documents conveying water rights to city.
8. Evidence that any boundary conflicts with adjacent properties are fully resolved.
9. Other materials deemed by city staff to be essential for an adequate understanding of the proposed project.
   The scale of the final plan/plat, content of the materials, number of copies, time of submittal and other particulars regarding the materials provided in support of an application for final plan/plat approval shall be as established, from time to time, by action the Development Services Director.

Upon receipt of the submission from the developer the Development Services Director or assignee shall review the plans/plats and supporting materials for accuracy and completeness. Upon determination of a complete application, the plans, documents and statements, or portions thereof, shall then be provided to the Development Review Committee and applicable public agencies for review of compliance with Federal, State and local laws and regulations, city requirements and standards, and the general plan.

1. The Development Review Committee shall conduct a Development Review Conference to review and discuss the materials submitted by the developer.
2. Upon completion of review, the Development Review Committee shall provide the results of the review and comments to the Development Services Director or assignee. The results and comments shall be compiled and provided to the developer.
3. The Development Review Committee may suggest changes to the submittal materials so that the final plat will conform with the development regulations and policies of the city and the terms of preliminary plat approval.
   

1. When the final plan(s)/plat(s) and supporting materials required for approval have been completed in final form, the Development Review Committee shall act on the final plat(s) and supporting materials. After considering the recommendation of all DRC members, the DRC may table the matter, approve, or grant approval, including granting approval upon conditions stated. Approval of the final plat(s) shall be made only upon a finding that:
   1. The final plan(s)/plat(s) and supporting materials conform with terms of the preliminary approval.
   2. The final plan(s)/plat(s) complies with all city requirements and standards relating to large scale developments.
   3. The detailed engineering plans and materials comply with the city standards and policies.
   4. The estimates of cost of constructing the required improvements are commensurate to market costs, as verified by the City Engineer.
   5. The water rights conveyance documents have been provided.
      
2. If approved, the City Administrator, Community Development Services Director, and City Engineer shall sign the Final Plat(s) upon completion of all conditions. If any conditions are attached, the Final Plat(s) or construction drawings shall be amended to reflect such changes and an accurate Final Plat(s) shall be submitted to the City, prior to signing.

1. Developer may appeal to the city council a denial of the final plat(s). The appeal shall be made, in writing, within 30 calendar days of the final decision of the Development Services Director.
   

Upon receipt of final plat approval, the developer shall construct the required improvements or post performance guarantees in accordance with the provisions of Section 17.7.900 of this code.

Upon: (1) the Development Review Committee’s approval of any large scale development, and (2) completion of all conditions of approval, if any, and (3) posting of a performance guarantee or completion of construction of required improvements, as applicable, the city recorder shall act to record the final plat (for projects which propose the subdivision land) and any deeds or other supporting material required to be recorded at the office of the county recorder.

1. The action of approval of the preliminary plat and the final plat(s) by the Development Review Committee shall be valid for a period of twelve months from the date of the respective approval. In the event that a final plat of any large scale development shall not have been recorded at the office of the county recorder, where required by ordinance, within twelve months from the date of approval, said approval shall be null and void. Further, in the event of failure of the developer to post performance guarantees or construct required improvements, as applicable, or satisfy any terms or conditions of approval, or provide any document required for final approval under this code or as a condition of final approval within twelve months of final approval, said approval shall be null and void.
   

A large scale development which has been approved by the city may be amended as follows:

1. Technical correction. Where the proposed amendment is incidental in character and/or is determined by the city engineer to be technical in character, and does not affect the layout or content of the approved plan(s) or require the recording of replacement plat at the office of the county recorder, the amendment may be approved by the city staff member (city engineer, development services director, building inspector, etc.) having responsibility for review of the proposed amendment.
2. Minor correction. Where the proposed amendment involves limited changes to the layout of the project (i.e., incidental adjustments to a building footprint, minor adjustments in the landscape treatment of an open space area, a change of materials for a fence, etc.) and, in the opinion of the Development Services Director, do not affect the layout of the project plan(s) or require the recording of a replacement plat at the office of the county recorder, the amendment may be approved by action of the Development Services Director.
3. Major correction. Any proposed amendment not determined to be a technical or minor correction shall be a major correction and shall follow the process required for approval of a new project.
4. Final plat amendments. In addition to the above, any amendment to a large scale development, which requires amendment of a subdivision plat or record of survey map (condominium plat) that has been recorded at the office of county recorder, shall conform to the provisions of state law regarding amendment of recorded plats.
   

1. If the Large Scale Development requires a variance from City Code, said variance shall be obtained by the appropriate land use authority, as outline in the City Code, prior to approvals granted in section 17.7.211.
   
2. If the Large Scale Development proposes a phasing plan, density transfer, property transfer, project clustering or other special development request not specifically outlined in the City Code, a development agreement shall be approved by the City Council prior to any approval granted in section 17.7.211.
   

1. Developer must construct improvements in accordance with plans. All individual large scale developments shall be constructed in accordance with the approved final plans and all final plans, plats, documents, and agreements shall be binding on the developer, his successors, grantees, and assignee and shall limit the use of the land in the development as set forth in the approved plans, documents and agreements. In the event that the developer performs construction work which is not in accordance with approved final plans, the city engineer or other authorized representative shall cause further work to be discontinued and the city council shall obtain compliance or shall revoke all permits relating thereto.
2. Developer must construct improvements within permitted time period. All improvements required under the terms of the applicable type of large scale development shall be constructed within the time period specified for the duration of the guarantee of performance, except that the city council, upon recommendation of the planning commission, may require the developer to install the landscaping on all or part of the common open space or to construct other specific required improvements on all or part of an approved large scale development within a time period which is less than the maximum time period which is less than the maximum time period specified but which shall not be less than six months from the date of said approval. If no development has occurred pursuant to the adopted plan within twelve months after the date of final approval, the city council may revoke any building permits issued and may repeal all prior approvals of the development.
3. Staged construction permitted. Development may be carried out in progressive stages, provided assurance is given to the city council that the requirements and intent of this code with respect to each stage, shall be fully complied with. Each stage shall be considered as a separate application.
4. Developer responsible for quality of construction. The developer shall be responsible for the quality of all materials and workmanship.

Performance Guarantees shall be required as a condition of approval. The character, terms, amounts and other particulars relating to performance guarantees shall conform with the provisions of Chapter 17.9 of the development code.

(Ord. No. 2009-08-29, § 1, 8-11-2009)

It shall be the obligation and duty of the developer or his successors or assignees to carry out the conditions made applicable to the development plans, documents, and agreements. In case of failure or neglect to comply with any and all of the conditions and regulations as herein established, and as specifically made applicable to a large scale development, neither the city engineer, building inspector, zoning administrator, nor the planning commission shall issue a certificate of zoning compliance therefor. Such failure or neglect to comply with the construction and on-going requirements as herein set forth or to maintain the buildings and premises in accordance with conditions of approval of the plans, documents, and agreements, or to maintain the impound account as required shall also be deemed to be a violation of this code and a breach of agreement between the developer, his successors or assignees, and the city.

Any person wishing to construct a large scale development in American Fork City shall make application to the planning commission for approval of such development and shall comply with all the requirements set forth herein.

All of the regulations relating to large scale developments are the minimum regulations that are needed to carry out the purpose and intent of this section.

The requirements and conditions set forth in this code pertaining to each type of large scale development are the minimum requirements which must be imposed in order to achieve the intent and purposes as herein set forth. In the event that a developer does not desire to comply with the requirements and conditions relating to a large sale development, he may develop his land in accordance with the regulations and restrictions which apply to land within the underlying zone except that all developments within shopping center zones shall be limited to development that has been approved under the provisions of Section 17.7.602 of this code.

Should any of the provisions of this section relating to large scale developments be declared invalid or unconstitutional by a court of competent jurisdiction, such declaration shall invalidate all provisions relating to large scale developments.

The planning commission may increase standards where it is determined that such increased standards are necessary in order to insure that the development will mesh harmoniously with adjoining or nearby uses of property and are necessary to carry out the intent of this code.

Where all or part of a large scale development is to be sold under the provisions of the Condominium Ownership Act as set forth in Title 57-8 of the Utah Code, Annotated, 1953, as amended, said development shall be submitted and approved in accordance with the provisions of Section 17.7.802 or 17.7.803, as applicable. This requirement shall be in addition to all other requirements.

(Ord. No. 11-25-80)

It shall be unlawful to record any plan, plat, documents, statements, or agreement for a large scale development or any amendment thereto in the office of the county recorder unless the same shall bear thereon final approval of the planning commission and city council as required by the terms of this code. Any owner, or agent of any owner, of land which is located within a purported large scale development who transfers or sells any land or structure in such purported large scale development before the plan is given final approval by the planning commission and city council and recorded in the office of the county recorder shall be guilty of a misdemeanor for each lot or parcel of land or structure so transferred or sold.

The planning commission shall have the responsibility for preparing standards and specifications for the design and quality of all required improvements. Said standards and specifications shall be adopted by resolution by the city council. Said requirements shall be considered minimum and shall apply to all large scale developments under all ordinary circumstances; provided, however, that where the developer can show that a provision of these standards and specifications would cause unnecessary hardship if strictly adhered to and where, because of topographical or other conditions peculiar to the site, in the opinion of the planning commission, a departure may be made without destroying the intent of such provisions, the planning commission may authorize a variance. Any variance so authorized shall be stated on the final plat and the reasons for such departure shall be entered in writing in the minutes of the planning commission.

1. All developers of large scale developments shall, as a condition of approval, convey to the city water rights, in an amount sufficient to meet the anticipated demand for the proposed project, as determined in accordance with the provisions of Section 17.1.400 of this code.
2. Any water rights previously conveyed as part of an annexation shall be considered as a credit toward satisfying the conveyance requirements.

(Ord. No. 03-5-12)

As-constructed plans, showing the location, size, grade and depth of all water and sewer mains, valves, manholes, and other subsurface utility and service lines and facilities shall be required prior to the release of performance guarantees. Also, the location of required survey monuments shall be submitted and approved by the city engineer before required performance guarantees are released.

1. Irrigation ditches to covered or piped. As a means of reducing the safety hazards from open irrigation systems and as a condition of development approval, all canals, ditches and other watercourses for the distribution of irrigation water and collection of return flows therefrom, located within or contiguous to a proposed large scale development, shall be covered or piped and appurtenant entrance works and grating installed and the developer shall comply fully with the requirements of the provisions of Section 73-1-15, Utah Code Annotated, 1953, as amended. The location, design and construction of all improvements to the irrigation system shall conform with the standards for such facilities, as approved by the applicable irrigation water company or as required by the city engineer, whichever is the more stringent. Upon completion of construction, written notification of acceptance of said improvements shall be provided to the city by the owners of the canal, ditch or other watercourse. Upon receipt of said notice of acceptance, or the placement of the improvements into service, if no written notice is provided, title to said improvements shall be considered to have passed to said irrigation company, which company shall thereafter keep the same in good repair and free of all litter, debris and obstruction.
2. Exceptions.
   1. Natural streams. Any irrigation canal or other water course which has been classified by the Utah State Engineer as a natural stream shall remain as an open channel, unless approval for the covering of said stream shall have been given by the city and approved by the Utah State Engineer.
   2. Designated sloughs. Any slough or water course designated in the drainage element of the general plan or identified by the United States Army Corps of Engineers as a lineal wetland shall remain as an open channel, unless the terms of the general plan shall have been amended and approval for the covering of said channel shall have been granted by the Corps of Engineers, as applicable.
   3. Landscape design streams. Notwithstanding the provisions of subsection 1. above, the city council may approve a residential planned development project containing an open water course, subject to receipt of a recommendation from the planning commission and compliance with the following:
      1. The open water course is contained entirely within the designated common area of a planned unit development, senior housing development or similar planned development project which includes residential units.
      2. The design of the water course shall not provide for a volume of flow in excess of three cubic feet per second; the depth of the water within the water course will not be greater than one foot; and the rate of flow will not exceed one foot per second.
      3. The edge of the stream bank of the stream shall not exceed a slope greater than 3:1 and no portion of the stream shall have a cut slope greater than four inches.
      4. Where the water for the landscape design stream is to be provided from the irrigation system owned by an irrigation company, all diversion works, culverts and other facilities shall be designed for safe operation, as approved by the city engineer and irrigation company and evidence of approval for the use of the water for the landscape stream shall be provided.
      5. The project documents shall provide that each of the owners of property acknowledge ownership of an undivided interest in the common property and improvements and a proportionate share of any liability arising from claims with regard to the establishment of the open water course.
      6. The project shall be governed by a home owners association, which association is established in such a manner as to indemnify the city from liability and shall carry insurance for that purpose.
      7. An indemnity and hold harmless agreement shall be provided by the applicant and applicant's successors in interest, including the home owners association, indemnifying and holding harmless the city from any liability associated with the open water course.
   4. Irrigation company ditch segments. Notwithstanding the provisions of subsection 1. above, the city council may approve a residential planned development project containing a segment of an existing irrigation company owned ditch, subject to receipt of a recommendation from the planning commission and compliance with the following:
      1. The ditch complies with the standards and criteria for design, construction, maximum flow quantities, ownership, maintenance, liability and other parameters for landscape design stream as required pursuant to subsection 2.c. above.
      2. The ditch segment proposed to remain open is contained entirely within the designated common area of a planned unit development, senior housing development or similar planned development project which includes residential units.
      3. The city shall have received approval in writing from the irrigation company responsible for the operation and maintenance of the ditch segment authorizing the retention of the ditch segment as an open ditch and approving the design of all diversion works, culverts and other facilities prior to action granting any final approval of a development project which proposes to include an open ditch segment.

As a means of harmonizing development within the project with existing and planned development within the surrounding area, the planning commission may, as a condition of its approval, specify or require changes in the minimum and maximum height of buildings and structures, the type and style of architecture, the character and nature of landscaping, the choice of building and plant materials, the pattern of circulation, the location and siting of buildings, fences, walls, utilities, lighting and sprinkling facilities and other structures, as well as the nature and extent of drainage facilities.

1. Intent. The intent of the PUD provisions of this code are:
   1. To provide an alternative form of development for residential housing projects within the city which permits increased flexibility and encourages ingenuity in design while preserving a quality of residential amenities equal or superior to that possible under conventional subdivision requirements. In order to qualify for approval as a planned unit development it must be demonstrated that the proposed project will:
      1. Adequately recognize and incorporate natural conditions present on the site;
      2. Efficiently utilize the land resources and provide increased economy to the public in the delivery of municipal services and utilities;
      3. Provide increased variety in the style and quality of residential dwellings available within the city;
      4. Preserve open space to meet the recreational, scenic, and public service needs; and
      5. Do all the above in a manner which is consistent with the objectives of the underlying zone and under conditions which will result in the creation of residential environments of sustained desirability.
   2. To distinguish between the various types of planned unit development projects permitted within the city and establish criteria and standards for the design of such development projects by developers and also guidelines for their evaluation by the city.
   3. To set forth the duties and responsibilities of developers and residents with respect to the approval, construction, and maintenance of such projects.
   4. To clearly establish the relationship of the city and the developer with respect to the review and approval of such projects. Anyone not wishing to comply with the provisions of this section or conditions which may be attached by the city, as authorized herein may proceed to develop under the requirements for conventional subdivisions as provided elsewhere in this code.
2. Permitted uses. The following buildings, structures and uses of land may be permitted within a PUD.
   1. Any use permitted within the underlying zone and those authorized under this section.
   2. Common areas and recreational facilities including, but not limited to, golf courses, swimming pools, tennis courts, club houses, recreational buildings, landscape parks and similar recreational facilities for the use and enjoyment of the residents.
   3. Driveways, streets, fences, walls, utility systems and facilities, common storage areas, ponds, landscape features and similar uses and structures incidental to the main use.
3. Approval procedure. Anyone desiring to obtain approval to construct a planned unit development shall follow the procedure in Section 17.7.200 of this code. All applications for approval shall be accompanied by the materials required under Section 17.7.207.
4. Project evaluation guidelines. The planning commission shall review the proposal and may recommend approval upon finding that:
   1. All plans, documents, and other materials required for consideration have been submitted in a form suitable for evaluation.
   2. The plan conforms in all respects to the design standards and criteria for the type of PUD proposed.
   3. The site is suitable for development as a PUD and such a project will be consistent with existing development in the vicinity and compatible with the Master Plan for the area.
   4. The arrangement of the buildings, roadways, open space and other project elements will result in a safe and attractive living environment equal or superior to that which would be provided under lot by lot development.
   5. The project, if developed, will accomplish the objectives for PUDs as stated under paragraph A. above. The planning commission may require changes in the plan in order to more fully accomplish the intent of the PUD provisions. Such changes may include but are not limited to, adjustments in the density or the number of structures, relocation of project elements, redesign of the road system, increase in the amount of open space and provisions for the disposal of surface water drainage.
5. Special provisions for single-family cluster projects.
   1. Area, density and lot size.
      1. The requirements for area, density, and lot size within single-family cluster project shall be as follows:
         
         

         Zone	Min. Project Area (in Acres)	Max. D.U./Structure	Max Density (D.U./Acre Gross Project Area)	Min. Lot Size (in sq. ft.)
         RA-1	10	1	1.0	20,000
         R-1-20,000	10	1	2.0	16,000
         R-1-15,000	10	1	2.3	11,500
         R-1-12,000	10	1	3.0	9,000
         R-1-9000	4	1	3.6	7,500
         R-1-7500, R-2-7500, R-3-7500, & R-4-7500	4	1	4.3	6,000

         For purposes of determining compliance with the standards set forth in the above table:
         1. "Minimum project area" shall mean the total area located within the boundary of the project. The initial phase of any development shall contain all territory within the minimum project area. Subsequent additions to a project may contain less than the minimum project area as set forth in the above table provided that the addition represents a logical extension of the project and all other requirements are met.
         2. "Gross project area" shall mean the total area within the project boundary, less that portion of the project area devoted to existing streets.
   2. Design criteria.
      1. Streets/travelways and pedestrian ways. The project shall be served by an internal street/ vehicular travelway and pedestrian system which provides safe and convenient access to each dwelling unit and adequate circulation within the project. To ensure continued adequacy and maintenance of the street/travelway and pedestrian systems within the project area, title to such systems shall: (1) be conveyed to the home owners association for the project area, established as part of the approval process, and held by them as a part of the common areas (private street option); or (2) subject to the prior approval of the city at the time of development approval, be dedicated to the city for public use (public street option).
         1. Private street option. Where the plan provides that the travelway and pedestrian system is to be privately owned, the following shall apply:
            1. The layout of the travelway and pedestrian system shall be designed in a manner which discourages through traffic, but is consistent with the major street plan for the area.
            2. All dwelling units within the project shall be accessed only from the internal travelway and pedestrian system.
            3. Each vehicular entrance/exit to the project from the public street shall include an entrance monument identifying the name of the project and indicating the travelways are private. Such entrance monument may include a moveable gate capable of physically blocking vehicular access to the project.
            4. The cross-section of each travelway and pedestrian system shall conform to city standards for public streets. The standard of construction and quality of materials and workmanship for travelways, utility systems and other improvements shall conform to minimum city standards.
            5. The design shall provide adequate off-street parking for residents, visitors and storage of recreation vehicles as follows:
               1. Off-street parking: Not less than two spaces per dwelling unit. To be located other than in the front setback area or side setback area adjacent to a street. Not less than two shall be contained within a garage.
               2. Visitor parking: Not less than 0.25 spaces per dwelling unit in the project in addition to any area appurtenant to a dwelling unit. Spaces to be distributed throughout the project area.
               3. Recreation vehicles parking: Each project which proposes to retain ownership of private streets shall make provision for the off-street storage of recreational vehicles. Where the developer proposes to provided an RV storage area, such area shall contain not less than one hundred fifty square feet per dwelling unit, be readily accessible from the internal travelway system and be lighted and enclosed within a fence or wall. The area may also include enclosed storage units for the exclusive use of the residents.
            6. The layout and design of the travelway system shall provide for safe and convenient circulation within the project and be capable of ready access by emergency vehicles and personnel, as determined by the city.
            7. The content of the project documentation shall contain language which limits on-street parking to one side of the travelway.
            8. Where the proposed project area is adjacent to public streets, all required public improvements to the adjacent public street shall be constructed as a condition of approval.
            9. The total project area shall contain not less than ten acres.
            10. The project shall contain sufficient units to provide the revenue for maintenance of all intended common areas and facilities, as determined by an analysis and evaluation of anticipated cost for maintenance and replacement of common improvements and services.
         2. Public street option. Where the plan provides that the travelway and pedestrian system is to be dedicated to the public, the following shall apply:
            1. All streets shall conform to city standards for right-of-way width, be improved in accordance with city standards and be dedicated to the city.
            2. Streets and pedestrian ways on the boundaries of the project shall conform to city standards for subdivisions.
            3. The layout of the residential street and pedestrian system shall be designed in a manner which discourages through traffic, but is consistent with the major street plan for the area, as follows:
               1. Except for arterial, collector and major residential streets, long, straight street segments should be avoided.
               2. The design of residential street systems should discourage through-traffic movement by the use of curvilinear alignment, cul-de-sac and similar design elements.
      2. Width of lot. Each interior lot shall be not less than sixty feet in width as measured at the designated setback line. Each corner lot shall be not less than seventy feet.
      3. Access to lots. Each lot shall abut upon and have access to a city street. The distance to said abutting side shall be not less than sixty feet except that the length of said abutting side may be reduced in accordance with the following: (I) the side abutting the street may be reduced to not less than thirty feet when the lot fronts upon a cul-de-sac or curve and the side lot lines radiate in such a manner that the width requirement will be met at a distance of not more than forty-five feet from the abutting front line, or (ii) the side abutting the street may be reduced to not less than twenty feet when the lot qualifies and is approved as a "flag lot."
      4. Setback of buildings. All dwellings shall be set back in accordance with setback lines shown on the final site plan provided that said setback lines shall be established in accordance with the following criteria.
         1. Front setback. A minimum of twenty-five feet as measured from the right-of-way or walkway easement line as applicable, provided that in cul-de-sacs and flag lots the setback lines shall be at the depth where the width requirements are met, but in no case less than twenty-five feet.
         2. Side setback—Corner lot. A minimum of twenty feet as measured from the right-of-way or walkway easement line, adjacent to the street.
         3. Side setback—Interior lot lines. A minimum of five feet with a combined total for the two side yards of twenty feet, except that when part of a zero lot line or twin home project, the setback requirement on the zero lot line or common wall side shall be reduced to zero.
         4. Rear setback. A minimum of twenty feet as measured from the rear lot line.
         5. Variances authorized—Conditions. The council, subject to the prior recommendation of the planning commission, may approve a designated setback envelope for one or more lots within a PUD project at variance with the above standard, upon a finding that such variance is appropriate for the proper development of the lot and that such reduction will not result in the establishment of a hazardous condition.
      5. Open space. A portion of each project area shall be retained as useable common open space as a park, playground, trail or recreational facilities for the benefit of the residents, as follows:
         1. Amount of common open space required. The amount of area to be retained as open space within a project shall be determined as follows:
            
            

            Number of lots in project

            x

            Required open space area for zoning district (as set forth on following table)

            =

            Total amount of common

              

            Zone	Minimum Required Common Open Space/Lot (in sq. ft.)
            RA-1	20,000
            R-1-20,000	4,000
            R-1-15,000	3,500
            R-1-12,000	3,000
            R-1-9000	2,500
            R-1-7500, R-2-7500, R-3-7,700 & R-4-7500	1,500

         2. Location of common open space area. The open space areas shall be accessible and conveniently located for use by the residents. Land proposed to be used as pedestrian walkway, RV storage areas and isolated and small odd shaped parcels not practically useful or accessible shall not be included in meeting this open space requirement.
         3. Open space status to be preserved. The designated open space area shall be maintained so that its use and enjoyment as open space are not diminished or destroyed. To assure that all designated open space area will remain as open space, the applicants/owners shall either.
            1. Dedicate or otherwise convey title to the open space area to the city for open space purposes; or
            2. Convey ownership of the open space area to the homeowners association established as part of the approval of the PUD or to an independent open space preservation trust organization approved by the city. In the event this alternative ii is used, the developer shall also execute an open space preservation easement or agreement with the city, the effect of which shall be to prohibit any excavating, making additional roadways, installing additional utilities, constructing any dwellings or other structures, or conducting or allowing the conduct of any activity which would alter the character of the open space area from that initially approved, without the prior approval of the city. The appropriate method for insuring preservation shall be as determined by the city at the time of development approval; or
            3. A combination of subsections i. and ii. above.
               Where the proposed open space includes developed or useable space or facilities (tennis courts, pavilions, swimming pools) intended for the use by project residents, the organizational documents shall include provisions for the assessment of adequate performance guarantees required to secure the construction of required improvements including the costs of installation of all landscaping and common amenities, and also the preparation of a maintenance fee schedule, to be incorporated into the organizational documents, establishing the reasonable costs for maintenance of common facilities.
      6. Recreation vehicles parking. Each project shall contain an area for the storage of recreation vehicles in an amount not less than one hundred fifty square feet per dwelling unit. Said area shall by readily accessible from the street system and be lighted and enclosed within a fence or wall not less than six feet in height. The area may also include enclosed storage units for the use of the residents.
      7. Perimeter fencing. The outer perimeter of the project shall be enclosed in a continuous fence or wall (except for vehicular access points) having a height of approximately six feet. The design and type of fence and the location of any openings shall be approved as part of the final project plan.
6. Special provisions for multiple family projects.
   1. Area, density and dwellings, units per structure.
      1. The requirements for area, density and dwelling units per structure shall be as follows:
         
         

         	Min. Project	DU/Structure		Max. Density
         Zone	Area	Min.	Max	(DU/AC of Gross Project Area)
         R-2-7500	4 acres	1	2	6.5
         R-3-7500	4 acres	3	4	8.5
         R-4-7500	3 acres	3	10	12.0

         For purposes of determining compliance with the standards set forth in the above table:
         1. "Minimum project area" shall mean the total area located within the boundary of the project. The initial phase of any development shall contain all territory within the minimum project area. Subsequent additions to a project may contain less than the minimum project area as set forth in the above table provided that the addition represents a logical extension of the project and all other requirements are met.
         2. "Gross area" shall mean the total area within the project boundary, less that portion of the project area include in existing streets.
      2. The maximum number of dwelling units permitted within a PUD project (maximum allowable density) shall be determined by multiplying the number of acres of gross project area by the maximum density factor for the zone district in which the project is located.
   2. Design criteria.
      1. Streets, travelways and pedestrian walkways.
         1. The project shall be served by an internal travelway system which provides safe and convenient access to each dwelling unit and adequate circulation within the project.
         2. The city may accept dedication of any major access roads within the project. Any roads proposed for dedication to the city shall: (1) contain a minimum vehicle travel right-of-way of not less than forty-two feet in width and be, improved in accordance with city standards, (2) be designed to provide continuous forward motion through the project except for approved cul-de-sacs, and (3) not provide direct access to any individual off-street parking spaces.
         3. Pedestrian walkways (sidewalks) shall be provided adjacent to any public street in locations approved by the city. The corridor containing the pedestrian walkway shall be not less than five feet in width when located apart from the public street or four feet when located contiguous thereto. Access to and use of the walkway by the public shall be secured through the attachment of a travel and public utility easement or by dedication to the city as part of the dedication for the adjacent street. All walkways shall be improved in accordance with city standards.
         4. Private travelways shall provide safe and convenient vehicular movement to and from all off-street parking spaces. Private travelways shall have a minimum travel surface of not less than twenty-four feet and be bordered by a cement curb. Except when serving as the driveway for eight parking spaces or less, the portion of the driveway not abutting off-street parking spaces may be reduced to a travel surface of sixteen feet in width. No on-street parking shall be permitted on travelways not conforming to city standards for public streets. Unless otherwise provided for in the design, sidewalks shall be provide along at least one side of the travelway.
      2. Off-street parking and RV storage.
         1. Off-street parking shall be provided at the rate of two resident parking spaces per dwelling unit plus 0.25 spaces per unit for visitor parking. All resident parking spaces shall be located within one hundred feet of an entrance door to the dwelling unit they are intended to serve.
         2. All parking spaces and areas shall be designated and constructed in accordance with city standards.
         3. Not less than one space shall be covered and designated for the exclusive use of a specific unit. Where a covered parking space is enclosed in an attached garage, such space shall be setback not less than twenty feet from any adjacent travelway if a park strip is present between the sidewalk and adjacent travelway, or twenty-five feet if the travelway consists of a combination curb, gutter and sidewalk.
         4. Each project shall contain an area for the storage of recreation vehicles in the amount of one hundred fifty square feet per dwelling unit. Said area shall be lighted and enclosed within a fence or wall not less than six feet in height and shall be readily accessible from the development street system. Said area may also include enclosed storage units for the use of the residents.
      3. Building location.
         1. Buildings shall be separated from one another a distance of not less than the combined height of the adjacent structures or thirty feet, which ever is greater.
         2. Buildings located adjacent to public streets shall be set back a minimum of thirty feet as measured from the right-of-way or pedestrian way line, as applicable.
         3. No building containing a dwelling or otherwise used for human habitation or having a height of fifteen feet shall be located closer than twenty feet to any adjacent property line.
      4. Common open space—Sealed surface. Not less than twenty percent of the net project area of the development shall be retained as common open space, parks, playgrounds, and recreational facilities for the use and benefit of the residents. Land proposed to be used for parking, pedestrian walkway area, driveways, RV storage, private open space or land surrounding structures required to conform with building location or setback requirements and isolated small parcels not practically useful or accessible to the residents shall not be included in meeting this open space requirement.
      5. Private open space. Each unit shall have a private outdoor living area as follows:
         1. Ground floor dwellings. Each dwelling shall have an appurtenant private patio, atrium or similar open space having a minimum area of three hundred square feet and a minimum dimension of twelve lineal feet. Such space shall be designed for the sole enjoyment of the dwelling occupants and shall be directly accessible from a room within the dwelling. The city may require that said area be enclosed with a fence, wall, or similar enclosure to provide privacy.
         2. Above ground dwellings. Each dwelling shall have an appurtenant private balcony having a minimum area of two hundred square feet and a minimum dimension of eight lineal feet.
      6. Private storage space. Each dwelling shall have not less than two hundred twenty-five cubic feet of enclosed, waterproof and lockable private storage space adjacent to or within the immediate vicinity of the unit. Said space may be located within the private open space area provided for under subsection e.(1) above, in conjunction with and as an integral part of the covered parking structure required under subsection b.(3) above, or other location approved by the city.
      7. Landscaping. All area not otherwise occupied by buildings, parking, roadways, etc. shall be landscaped.
      8. Sealed surface. Notwithstanding any of the above, not more than fifty percent of the gross area of any development shall be covered by buildings, paving or other surface which would prohibit the downward percolation of surface water.
      9. Solid waste disposal. The development shall provide solid waste disposal facilities as follows:
         1. Common disposal facilities. Where common disposal facilities are to be used they shall be conveniently available to all dwelling units and readily and safely accessible to maintenance equipment and shall be enclosed with a solid fence or walls not less than six feet in height.
         2. Individual disposal facilities. Where the project design permits, individual waste disposal methods may be used.
      10. Perimeter fencing. The outer perimeter of the project shall be enclosed in a continuous fence or wall having a height of approximately six feet in height, provided that this provision may be waived along boundaries which are adjacent to or abutting upon a street or travelway.
      11. Utilities.
          1. Culinary water. Each dwelling unit shall be serviced by the city's water system. The city may require individual water connections and meters for each unit or at their discretion authorize the use of oversize connections and a master meter for the project. Each unit shall be equipped with an easy accessible shutoff valve.
          2. Sewer. Each unit shall be connected to the city's sewer system either by an individual or common lateral whichever is determined applicable by the city.
          3. Utilities to be underground. All utility systems shall be placed underground.
      12. Disposal of surface water. All surface water generated as a result of development of the project shall be disposed of within the site. The plan shall provide a statement, including calculations, showing the amount of water to be accommodated and the drainage patterns and methods of disposal. All such facilities shall be in accordance with city standards as directed by the city engineer.
7. Reserved.
8. Combined developments. The following rules shall apply where a proposed project contains land in more than one zone.
   1. Maximum density. The allowable maximum density of the project shall be the sum of the density for each of the individual zone areas within the project as determined in accordance with the provisions of paragraphs E.1., F.1. and G.1.
   2. Distribution of housing types. The type of housing permitted within the various parts of a combined development shall be in accordance with the requirements of the underlying zone (i.e. multi-family units shall not be allowed in R-1 zones).
   3. Open space. Common open space areas and RV parking may be combined and located in any portion of the project area.
9. Improvement requirements. Construction of all public and common improvements shall be the responsibility of the project developer and shall be constructed in accordance with city standards or as specified on the approved plans. All common improvements shall be installed/constructed prior to, or at forty percent build-out of the project. Building permits for the construction of dwelling units beyond forty percent build-out shall not be granted until all common improvements are constructed. Performance guarantees to ensure the construction of all such improvements shall be provided in accordance with city requirements.
10. Document requirements. The following documents shall be prepared and submitted by the developer for each planned unit development.
    1. Article of incorporation for home owner's association.
    2. Corporation by-laws.
    3. Covenants, conditions, restrictions and management policies.
    4. Management agreement.
    5. Open space easement.
    6. Sales brochure.
    7. Documents conveying water rights to the city (as applicable).

(Ord. No. 95-10-41; Ord. No. 06-03-16; Ord. No. 05-05-18; Ord. No. 06-05-23; Ord. No. 2013-05-18, § 1, 5-14-2013; Ord. No. 2014-01-01, § 1, 1-14-2014)

1. Intent. The intent of the provisions of this section is as follows:
   1. To provide an alternative form of development for residential housing projects within the city which permits increased flexibility and encourages ingenuity in design while preserving a quality of residential amenities equal or superior to that possible under conventional subdivision requirements. In order to qualify for approval as a flexible lot project, it must be demonstrated that the proposed project will: (1) adequately recognize and incorporate areas on the site having natural constraints to development, (2) efficiently utilize the land resources, (3) provide increased economy to the public in the delivery of municipal services and utilities, (4) provide increased variety in the style and quality of residential dwellings available within the city, (5) preserve open space to meet the recreational, scenic, and public service needs of current and future residents in the area, and (6) do all of the above in a manner which is consistent with the objectives of the underlying zone and under conditions which will result in the creation of residential environments of sustained desirability.
   2. To distinguish between the various types of planned unit development projects authorized within the city, to establish criteria and standards for the design of such development projects by developers, and to establish guidelines for evaluation of such projects by the city.
   3. To set forth the duties and responsibilities of developers and residents with respect to the approval, construction, and maintenance of such projects.
   4. To clearly establish the relationship of the city and the developer with respect to the review and approval of such projects. Anyone not wishing to comply with the provisions of this section or conditions which may be attached by the city, as authorized herein, may proceed to utilize the land for any other use permitted by the underlying zone district.
2. Allowable uses within a flexible lot development. Each flexible lot development may include one or a combination of the following buildings, structures and uses of land:
   1. One-family dwellings.
   2. Two-family dwellings when located on lots approved for such use, as shown on the approved project development plan.
   3. Common areas and facilities including, but not limited to, golf courses, swimming pools, tennis courts, club houses, recreational buildings, landscape parks, and similar recreational facilities for the use and enjoyment of the residents.
   4. Driveways, streets, trails, fences, walls, utility systems and facilities, common RV storage areas, ponds and other landscape features, and similar uses and structures incidental to the main use.
   5. Churches, public and parochial schools and grounds, public agency parks and playgrounds, and public buildings and grounds.
3. Approval procedure. Anyone desiring to obtain approval to construct a flexible lot project shall follow the procedure in Section 17.7.200 of this code. In addition to the requirements of said section, any project which includes the division of property into individual lots shall conform to the applicable provisions for subdivisions.
4. Project evaluation guidelines. The planning commission shall review the proposal and may recommend approval upon finding that:
   1. All plans, documents, and other materials required for consideration have been submitted in a form suitable for evaluation.
   2. The plan conforms in all respects to the design standards and criteria for the project.
   3. The site is suitable for development as a flexible lot project and will be consistent with existing development in the vicinity and compatible with the general plan for the area.
   4. The arrangement of the buildings, roadways, open space and other project elements will result in a safe and attractive living environment equal or superior to that which would be provided under lot by lot development.
   5. The project, if developed, will accomplish the objectives as stated under subsection A. above. The planning commission may require changes in the plan in order to more fully accomplish the intent, as stated in subsection A. above. Such changes may include, but are not limited to, adjustments in the density or the number of structures, relocation of project elements, redesign of the road system, increase in the amount of open space and provisions for the disposal of surface water drainage.
5. Project area, dwelling units per structure and density. The requirements for project area, density, and lot size within a flexible lot development shall be as follows:
   
   

   Zone	Min. Initial Project Area (in Acres)	Max. DU/Structure	Max Density Factor (DU/Gross Area)
   PR-2.0	7	2	2.0
   PR-2.3	7	2	2.3
   PR-3.0	5	2	3.0

   For purposes of determining compliance with the standards set forth in the above table:
   1. "Minimum initial project area" shall mean the minimum total area included within any plat or plan submitted for final approval as the initial phase of a multi-phase project. The initial phase of any project shall contain an area equal to or greater than the minimum initial project area. A minimum initial project area containing less than the amount set forth in the above table may be approved upon a finding by the planning commission and city council that the layout and number of units within the proposed initial phase constitutes a logical and independent design unit conforming to the intent for the approval of the project as set forth under Section 17.7.502.A. Subsequent additions to a project may contain less area than the minimum initial project area, as set forth in the above table, provided that the addition represents a logical extension of the project and all other requirements are met.
   2. "Gross project area" shall mean the total area within the project boundary, less that portion of the project area devoted to existing streets and travelways.
6. Maximum project density. The maximum number of dwelling units permitted within a project (maximum allowable density) shall be the sum of the following:
   
   

   1.	Portion of Gross Project Area without limitations (from Natural Conditions Analysis)	x	Density Factor (from Paragraph E. above)
   		PLUS
   2.	Portion of Gross Project Area with limitations (from Natural Conditions Analysis)	x	One-half Density Factor (from Paragraph E. above)
   		PLUS
   3.	Transfer of Development Rights in accordance with the provisions of Section 17.4.605 (where authorized)

7. Lot size—Dwelling mix. Each flexible lot development shall provide for a variety of lot sizes and building type. The specific requirements for lot size, dwelling mix and other particulars shall vary depending on the zone district in accordance with the following:
   1. PR-2.0 zone district.
      1. Average lot size: Thirteen thousand five hundred square feet, to be determined as follows: Total area in lots Number of dwellings = Average lot size in project
      2. Minimum lot size: One-family dwelling: Nine thousand square feet. Two-family dwelling: Fifteen thousand square feet.
      3. Maximum lot size: Twenty-five thousand square feet. Lots may exceed the maximum lot size area; however, portions of any lot containing an area greater than the maximum will not be included in determining compliance with the average lot size standard.
      4. Distribution of lots within project:
         
         

         % of Units in Project	Dwelling type	Lot Size Standard
         Not less 15%	1-family	25,000 sq. ft. or larger
         At least 10% but not greater than 30%	1-family	9,000 to 12,000 sq. ft. per lot
         Optional, but not greater than 15%	2-family	15,000 sq. ft. or larger
         Remainder in project	1-family	12,000 sq. ft. or larger

   2. PR-2.3 zone district.
      1. Average lot size: Twelve thousand square feet, to be determined as follows: Total area in lots Number of dwellings = Average lot size in project
      2. Minimum lot size: One-family dwelling: Nine thousand square feet. Two-family dwelling: Fifteen thousand square feet.
      3. Maximum lot size: Twenty-five thousand square feet. Lots may exceed the maximum lot size area, however, portions of any lot containing an area greater than the maximum will not be included in determining compliance with the average lot size standard.
      4. Distribution of lots within project:
         
         

         % of Units in Project	Dwelling type	Lot Size Standard
         Not less 15%	1-family	20,000 sq. ft. or larger
         At least 10% but not greater than 30%	1-family	9,000 to 12,000 sq. ft. per lot
         Optional, but not greater than 15%	2-family	15,000 sq. ft. or larger
         Remainder in project	1-family	12,000 sq. ft. or larger

   3. PR-3.0 zone district.
      1. Average lot size: Nine thousand eight-hundred square feet to twelve thousand square feet, to be determined as follows: Total area in lots Number of dwellings = Average lot size in project
      2. Minimum lot size: One-family dwelling: Seven thousand five hundred square feet. Two-family dwelling: Twelve thousand square feet.
      3. Maximum lot size: Twenty-five thousand square feet. Lots may exceed the maximum lot size area; however, portions of any lot containing an area greater than the maximum will not be included in determining compliance with the average lot size standard.
      4. Distribution of lots within project:
         
         

         % of Units in Project	Dwelling type	Lot Size Standard
         Not less than 20%	1-family	16,000 sq. ft. or larger
         Optional, but not greater than 25%	2-family	12,000 sq. ft. or larger
         At least 10% but not greater than 40%	1-family	7,500 to 9,000 sq. ft. per lot
         Remainder in project	1-family	9,000 sq. ft. or larger

8. Design criteria. The layout and design of the project shall conform to the following:
   1. Plans to be consistent with general plan—Stub streets authorized.
      1. All plans for a flexible lot project shall be consistent with the terms of the major street plan, trails plan and other elements of the general plan. Where the area of a proposed project includes any collector or arterial class street or significant minor street, as shown on the major street plan, and any designated trail, as shown on the trails element, the design of the project shall incorporate such street and trail in the location shown on the general plan and the approval of any final plat shall include the dedication of the right-of-way to the city and its improvement in accordance with the applicable city standard.
      2. The proposed street system shall properly align and be compatible with adjacent streets.
      3. In order to facilitate development of an adequate and convenient circulation system within the city and to provide access for the logical development of adjacent properties, the city may, as a condition of approval, require the plan to include one or more stub streets which extend to the boundary of the project. All such stub streets shall be fully developed to the boundary of the project. Any plan for the development of property adjacent to the stub street shall provide for the continuation of the stub street.
   2. Plan to identify and accommodate natural constraints to development.
      1. All plans for the development of a project shall identify and accommodate any natural constraints to development. In order to adequately identify constraints to development, the city may require the preparation of a natural and physical conditions analysis map showing the location and extent of any natural or man-made condition or legal encumbrance upon the property affecting the usability of the property, including, but not limited to, the location and extent of historic drainage channels (sloughs), flood ways, water courses and canals, areas subject to flooding (one-hundred-year frequency), wetland areas (including those under jurisdiction of the U.S. Corps of Engineers), areas of unsuitable soils for placement of foundations (i.e., peat soil areas), areas subject to liquefaction hazard, depth to ground water table, major pipeline and electric transmission line easements, or similar condition(s).
      2. Preparation of any required maps or studies shall be conducted by or under the direction of the city and shall be at the expense of the applicant.
      3. Any portion of the project area determined by the city to be inappropriate for development shall be included in the open space portion of the project.
   3. Project streets/travelways and pedestrian ways/trails. The project shall be served by an internal street/vehicular travelway and pedestrian system which provides safe and convenient access to each dwelling unit and adequate circulation within the project. To ensure continued adequacy and maintenance of the street/travelway and pedestrian systems within the project area, title to such systems shall either: (a) be conveyed to the home owners association for the project area, established as part of the approval process, and held by them as a part of the common areas (private street option), or (b) subject to the prior approval of the city at the time of development approval, be dedicated to the city for public use (public street option).
      1. Private street option. Where the plan provides that the travelway and pedestrian system is to be privately owned, the following shall apply:
         1. The layout of the travelway and pedestrian system shall be designed in a manner which discourages through traffic, but is consistent with the major street plan for the area, as follows:
            1. Except for arterial, collector and significant minor streets, long, straight street segments should be avoided.
            2. The design of residential street systems should discourage through-traffic movement by the use of curvilinear alignment, cul-de-sac and similar design elements.
         2. The primary access to all dwelling units within the project shall be from the internal travelway and pedestrian system.
         3. Each vehicular access to the project from the public street shall include an entrance monument identifying the name of the project and indicating that the travelways are private. Such entrance monument may include a moveable gate capable of physically blocking vehicular access to the project.
         4. The cross-section of each travelway and pedestrian system shall conform with city Standards for public streets. The standard of construction and quality of materials and workmanship for travelways, utility systems and other improvements shall conform to minimum city standards.
         5. The design shall provide adequate off-street parking for residents, visitors and storage of recreational vehicles, as follows:
            1. Off-street parking. Not less than two spaces per dwelling unit, to be located other than in the front setback area or side setback area adjacent to a street. Not less than two of the spaces provided shall be contained within a garage.
            2. Visitor parking. Not less than 0.25 spaces per dwelling unit in the project, in addition to any parking area appurtenant to a dwelling unit. Visitor parking spaces shall be distributed throughout the project area.
            3. Recreation vehicle storage. (See subsection H.10.).
         6. The layout and design of the travelway system shall provide for safe and convenient circulation within the project and be capable of ready access by emergency vehicles and personnel, as determined by the city.
         7. The content of the project documentation shall contain language which limits on-street parking to one side of the travelway.
         8. Where the proposed project area is adjacent to public streets, all required public improvements to the adjacent public street shall be constructed as a condition of approval.
         9. The total project, or the initial phase in a multi-phase project, shall contain sufficient units to provide the revenue for maintenance of all intended common areas and facilities, but not less than twenty units.
      2. Public street option. Where the plan provides that the travelway and pedestrian system is to be dedicated to the public, the following shall apply:
         1. All streets shall conform to city standards for right-of-way width, be improved in accordance with city standards, and be dedicated to the city.
         2. Streets and pedestrian walkways on the boundaries of a project shall conform to city standards for subdivisions.
         3. To the maximum extent possible, lots should not front upon arterial and collector class roads.
         4. The layout of the residential street and pedestrian system shall be designed in a manner which discourages through traffic, but is consistent with the major street plan for the area, as follows:
            1. Except for arterial, collector and significant minor streets, long, straight street segments should be avoided.
            2. The design of residential street systems should discourage through-traffic movement by the use of curvilinear alignment, cul-de-sac and similar design elements.
   4. Access to lots. The layout shall provide that each lot shall abut upon and have access to a city street or private travelway. The distance along said abutting side shall be not less than sixty feet, except that the length of said abutting side may be reduced in accordance with the following:
      1. The side abutting the street may be reduced to not less than thirty feet when the lot fronts upon a cul-de-sac or curve and the side lot lines radiate in such a manner that the width requirement will be met at a distance of not more than forty-five feet from the abutting front line; or
      2. The side abutting the street may be reduced to not less than twenty feet when the lot qualifies and is approved as a "flag lot."
   5. Setback of building. All dwellings shall be set back in accordance with setback lines shown on the final site plan; provided, that said setback lines shall be established in accordance with the following criteria.
      1. Front setback. A minimum of twenty-five feet as measured from the right-of-way or walkway easement line as applicable; provided, that in cul-de-sacs and flag lots, the setback lines shall be at the depth where the width requirements are met, but in no case less than twenty-five feet.
      2. Side setback—Corner lot. A minimum of twenty feet as measured from the right-of-way or walkway easement line adjacent to the street.
      3. Side setback—Interior lot lines. A minimum of eight feet with a combined total for the two side yards of twenty feet, except that when part of a zero lot line or twin home project, the setback requirement on the zero lot line or common wall side shall be reduced to zero.
      4. Rear setback. A minimum of twenty feet as measured from the rear lot line.
      5. There shall be no minimum lot depth, except that all lots fronting on arterial and collector class streets shall be not less than one hundred thirty feet in depth, provide for a minimum front setback distance of forty feet, and provide that access shall be by forward motion only.
      6. The council, subject to the prior recommendation of the planning commission, may approve a designated setback envelope for one or more lots within a flexible lot development at variance with the above standards upon a finding that such variance is appropriate for the proper development of the lot(s) and that such reduction will not result in the establishment of a hazardous condition.
   6. Open space.
      1. There shall be no minimum amount of open space required except that any portion of the project area classified as wetland, all sloughs or natural drainage channels and any portions of the project area considered as unsuited for residential development shall be identified and described as a separate parcel and preserved from future development.
      2. In-lieu of designated open space areas, the project shall be served by an extensive trail system.
   7. Trail corridors and open space to be preserved. All trail corridors and any open space area shall be maintained so that its use and enjoyment are not diminished or destroyed. To ensure that all designated trail corridors and open space area will remain as common open space, the applicants/owners shall provide for the preservation of the area as open space through one or a combination of the following:
      1. Dedicate or otherwise convey title to the trail corridors and open space area to the city for open space purposes.
      2. Convey ownership of the trail corridors and open space area to the homeowners association established as part of the approval of the project.
      3. Convey ownership of the trail corridors and open space area to a third party open space preservation agency.
         In the event alternative b or c is used, the developer shall also execute an open space conservation easement in favor of the city over all trail corridors and open space area of the project, in accordance with the provisions of the Land Conservation Easement Act (UCA 57-18-1 et seq.). The effect of such easement shall be to prohibit any excavating, making additional roadways, installing additional utilities, constructing any dwellings or other structures, or conducting or allowing the conduct of any activity which would alter the character of the trail corridors and open space area from that initially approved, without the prior approval of the city.
         The appropriate method for ensuring preservation of the open space area shall be as determined at the time of development approval.
   8. Construction and maintenance of common facilities.
      1. Where the proposed open space includes developed or useable space or facilities (tennis courts, pavilions, swimming pools, etc.) intended for use by project residents, the performance guarantees shall include funds to ensure the installation of landscaping and construction of public and essential common improvements. Also, the organizational documents shall provide for maintenance of all common open space and facilities and shall establish a reasonable cost for maintenance and an effective method for ensuring collection of maintenance assessments.
      2. To better facilitate maintenance of the open space area, concurrently with the final approval of the project, all portions of the project area may be included within a special service district established by the city for the purpose of ensuring the adequate funding for maintenance of common open space areas and, where established, all portions of the project shall be subject to assessment for such purposes in accordance with the applicable requirements of state law.
   9. General layout. Each project should be designed as a separate integrated design unit and shall not be considered as an extension of an adjacent project unless the approved plan represents a phase of a larger project. The plan shall provide for a high level of pedestrian and vehicular circulation throughout the project area.
   10. Recreation vehicles parking. Each project which proposes to retain ownership of private streets shall make provision for the off-street storage of recreational vehicles. Where the developer proposes to provided an RV storage area, such area shall contain not less than one hundred fifty square feet per dwelling unit, be readily accessible from the internal travelway system and be lighted and enclosed within a fence or wall. The area may also include enclosed storage units for the exclusive use of the residents.
9. Combined projects authorized. Projects containing a combination of development alternatives (e.g., flexible lot, conservation subdivision, low density - attached housing projects) may be approved by the city, subject to the following:
   1. Each of the development alternatives proposed to be included in the project are specifically listed as a permitted or conditional use within the underlying zone.
   2. The project shall be considered as a single project and be designed as a integrated unit.
   3. The design for a combined project shall conform with the density, open space and other requirements for each alternative, in accordance with the proportionate share of each alternative.
   4. The preliminary plan shall show the location, layout and design of each portion of the proposed project, including the area proposed to be developed for each development alternative.
   5. The common open space areas, RV storage areas and other common amenities shall be combined and located within any portion of the project area.
10. Improvement requirements. Construction of all public and common improvements shall be the responsibility of the project developer and shall be constructed in accordance with city standards or as specified on the approved plans. All common improvements shall be installed/constructed prior to, or at forty percent build-out of the project. Building permits for the construction of dwelling units beyond forty percent build-out shall not be granted until all common improvements are constructed. Performance guarantees to ensure the construction of all such improvements shall be provided in accordance with city requirements.
11. Project documents. The following documents shall be prepared and submitted by the developer for each project:
    1. Articles of incorporation for home owner's association (HOA) and corporation by-laws.
    2. Covenants, conditions, restrictions and management policies (CC&Rs).
    3. Open space preservation easement (as applicable).
    4. Documents conveying water rights to the city (as applicable).
    5. Engineer's estimate of probable cost for all public and essential common improvements.
    6. Development agreement between the developer, city, and bond provider.
    7. A summary of common facilities and services to be provided by the (HOA) and an initial estimate the of costs.

(Ord. No. 2013-05-18, § 2, 5-14-2013)

1. Intent. The intent of the provisions of this section is as follows:
   1. To provide an alternative form of development for residential housing projects within the city which permits increased flexibility and encourages ingenuity in design while preserving a quality of residential amenities equal or superior to that possible under conventional subdivision requirements. In order to qualify for approval as a conservation subdivision project, it must be demonstrated that the proposed project will: (1) adequately recognize and incorporate areas on the site having natural constraints to development, (2) efficiently utilize the land resources, (3) provide increased economy to the public in the delivery of municipal services and utilities, (4) provide increased variety in the style and quality of residential dwellings available within the city, (5) preserve open space to meet the recreational, scenic, and public service needs of current and future residents in the area, and (6) do all of the above in a manner which is consistent with the objectives of the underlying zone and under conditions which will result in the creation of residential environments of sustained desirability.
   2. To distinguish between the various types of planned unit development projects permitted within the city, to establish criteria and standards for the design of such development projects by developers, and to establish guidelines for the evaluation of such projects by the city.
   3. To set forth the duties and responsibilities of developers and residents with respect to the approval, construction, and maintenance of such projects.
   4. To clearly establish the relationship of the city and the developer with respect to the review and approval of such projects. Anyone not wishing to comply with the provisions of this section or conditions which may be attached by the city, as authorized herein, may proceed to utilize the land for any other use permitted by the underlying zone district.
2. Allowable uses within a conservation subdivision project. Each conservation subdivision project may include one or a combination of the following buildings, structures and uses of land:
   1. One-family dwellings.
   2. Two-family dwellings, when located on a lot approved for such use, as shown on the approved project development plan.
   3. Common areas and facilities including, but not limited to, golf courses, swimming pools, tennis courts, club houses, recreational buildings, landscape parks, and similar recreational facilities for the use and enjoyment of the residents.
   4. Driveways, streets, trails, fences, walls, utility systems and facilities, common RV storage areas, ponds and landscape features, and similar uses and structures incidental to the main use.
   5. Churches, public and parochial schools and grounds, public agency parks and playgrounds, and public buildings and grounds.
3. Approval procedure. Anyone desiring to obtain approval to construct a conservation subdivision project shall follow the procedure in Section 17.7.200 of this code. In addition to the requirements of said section, any project which includes the division of property into individual lots shall conform to the applicable provisions for subdivisions.
4. Project evaluation guidelines. The planning commission shall review the proposal and may recommend approval upon finding that:
   1. All plans, documents, and other materials required for consideration have been submitted in a form suitable for evaluation.
   2. The plan conforms in all respects to the design standards and criteria for conservation subdivision projects.
   3. The site is suitable for development as a conservation subdivision project and such a project will be consistent with existing development in the vicinity and compatible with the general plan for the area.
   4. The arrangement of the buildings, roadways, open space and other project elements will result in a safe and attractive living environment equal or superior to that which would be provided under lot by lot development.
   5. The project, if developed, will accomplish the objectives for residential conservation projects as stated under subsection A. above.
      The planning commission may require changes in the plan in order to more fully accomplish the intent, as set forth under subsection A. above. Such changes may include, but are not limited to, adjustments in the density or the number of structures, relocation of project elements, redesign of the road system, increase in the amount of open space and provisions for the disposal of surface water drainage.
5. Project area, dwelling units per structure and density. The requirements for project area, building style and density within conservation subdivision projects shall be as follows:
   
   

   Zone	Min. Initial Project Area (In Acres)	Max. DU/Structure	Max Density Factor (DU/Gross Area)
   PR-2.0	7	2	2.0
   PR-2.3	7	2	2.3
   PR-3.0	5	2	3.0

   For purposes of determining compliance with the standards set forth in the above table:
   1. "Minimum initial project area" shall mean the minimum total area included within any plat or plan submitted for final approval as the initial phase of a multi-phase project. The initial phase of any project shall contain an area equal to or greater than the minimum initial project area. A minimum initial project area containing less than the amount set forth in the above table may be approved upon a finding by the planning commission and city council that the layout and number of units within the proposed initial phase constitutes a logical and independent design unit conforming to the intent for the approval of the project as set forth under Section 17.7.503.A. Subsequent additions to a project may contain less area than the minimum initial project area, as set forth in the above table, provided that the addition represents a logical extension of the project and all other requirements are met.
   2. "Gross Project Area" shall mean the total area within the project boundary, less that portion of the project area devoted to existing streets and travelways.
6. Maximum project density. The Maximum number of dwelling units permitted within a conservation subdivision project (maximum allowable density) shall be the sum of the following:
   

   1.	Portion of Gross Project Area without limitations (from Natural Conditions Analysis)	x	Density Factor (from Paragraph E. above)
   		PLUS
   2.	Portion of Gross Project Area with limitations (from Natural Conditions Analysis)	x	One-half Density Factor (from Paragraph E. above)
   		PLUS
   3.	Transfer of Development Rights in accordance with the provisions of Section 17.4.605 (where authorized)

7. Lot size—Dwelling mix.
   1. Dwellings within the project area will be placed on individual lots. The plan may provide for a combination of one-family and two-family dwelling structures; provided, that the number of two-family dwellings in any project or phase of a multi-phase project shall not include more than fifteen percent of the total dwelling units.
   2. The size of lots within a project plan shall be in accordance with the provisions of subsection H.4. below.
8. Design standards and criteria. The layout and design of the project shall conform to the following:
   1. Plans to be consistent with general plan—Stub streets authorized.
      1. All plans for a conservation subdivision shall be consistent with the terms of the major street plan, trails plan and other elements of the general plan. Where the area of a proposed project includes any collector or arterial class street or significant minor street, as shown on the major street plan, and any designated trail, as shown on the trails element, the design of the project shall incorporate such street and trail in the location shown on the general plan and the approval of any final plat shall include the dedication of the right-of-way to the city and its improvement in accordance with the applicable city standard.
      2. The proposed street system shall properly align and be compatible with adjacent streets.
      3. In order to facilitate development of an adequate and convenient circulation system within the city and to provide access for the logical development of adjacent properties, the city may, as a condition of approval, require the plan to include one or more stub streets which extend to the boundary of the project. All such stub streets shall be fully developed to the boundary of the project. Any plan for the development of property adjacent to the stub street shall provide for the continuation of the stub street.
   2. Plan to identify and accommodate natural constraints to development.
      1. All plans for the development of a project shall identify and accommodate any natural constraints to development. In order to adequately identify constraints to development, the city may require the preparation of a natural and physical conditions analysis map showing the location and extent of any natural or man-made condition or legal encumbrance upon the property affecting the usability of the property, including, but not limited to, the location and extent of historic drainage channels (sloughs), flood ways, water courses and canals, areas subject to flooding (one-hundred-year frequency), wetland areas (including those under jurisdiction of the U.S. Corps of Engineers), areas of unsuitable soils for placement of foundations (i.e., peat soil areas), areas subject to liquefaction hazard, depth to ground water table, major pipeline and electric transmission line easements, or similar condition(s).
      2. Preparation of any required maps or studies shall be conducted by or under the direction of the city and shall be at the expense of the applicant.
      3. Any portion of the project area determined by the city to be inappropriate for development shall be included in the open space portion of the project.
   3. Project streets/travelways and pedestrian ways/trails. The project shall be served by an internal street/vehicular travelway and pedestrian system which provides safe and convenient access to each dwelling unit and adequate circulation within the project. To ensure continued adequacy and maintenance of the street/travelway and pedestrian systems within the project area, title to such systems shall: (a) be conveyed to the home owners association for the project area, established as part of the approval process, and held by them as a part of the common areas (private street option), or (b) subject to the prior approval of the city at the time of development approval, be dedicated to the city for public use (public street option).
      1. Private street option. Where the plan provides that the travelway and pedestrian system is to be privately owned, the following shall apply:
         1. The layout of the travelway and pedestrian system shall be designed in a manner which discourages through traffic, but is consistent with the major street plan for the area, as follows:
            1. Except for arterial, collector and significant minor streets, long, straight street segments should be avoided.
            2. The design of residential street systems should discourage through-traffic movement by the use of curvilinear alignment, cul-de-sac and similar design elements.
         2. The primary access to all dwelling units within the project shall be from the internal travelway and pedestrian system.
         3. Each vehicular entrance/exit to the project from the public street shall include an entrance monument identifying the name of the project and indicating that the travelways are private. Such entrance monument may include a moveable gate capable of physically blocking vehicular access to the project.
         4. The cross-section of each travelway and pedestrian system shall conform with city standards for public streets. The standard of construction and quality of materials and workmanship for travelways, utility systems and other improvements shall conform to minimum city standards.
         5. The design shall provide adequate off-street parking for residents, visitors and storage of recreational vehicles, as follows:
            1. Off-street parking. Not less than two spaces per dwelling unit, to be located other than in the front setback area or side setback area adjacent to a street. Not less than two of the spaces provided shall be contained within a garage.
            2. Visitor parking. Not less than 0.25 spaces per dwelling unit in the project, in addition to any parking area appurtenant to a dwelling unit. Visitor parking spaces shall be distributed throughout the project area.
            3. Recreation vehicle storage. (See subsection H.10.).
         6. The layout and design of the travelway system shall provide for safe and convenient circulation within the project and be capable of ready access by emergency vehicles and personnel, as determined by the city.
         7. The content of the project documentation shall contain language which limits on-street parking to one side of the travelway.
         8. Where the proposed project area is adjacent to public streets, all required public improvements to the adjacent public street shall be constructed as a condition of approval.
         9. The total project, or the initial phase in a multi-phase project, shall contain sufficient units to provide the revenue for maintenance of all intended common areas and facilities, but not less than twenty units.
      2. Public street option. Where the plan provides that the travelway and pedestrian system is to be dedicated to the public, the following shall apply:
         1. All streets shall conform to city standards for right-of-way width, be improved in accordance with city standards, and be dedicated to the city.
         2. Streets and pedestrian walkways on the boundaries of a project shall conform to city standards for subdivisions.
         3. To the maximum extent possible, lots should not front upon arterial and collector class roads.
         4. The layout of the residential street and pedestrian system shall be designed in a manner which discourages through traffic, but is consistent with the major street plan for the area, as follows:
            1. Except for arterial, collector and significant minor streets, long, straight street segments should be avoided.
            2. The design of residential street systems should discourage through-traffic movement by the use of curvilinear alignment, cul-de-sac and similar design elements.
   4. Building sites. Dwellings within the project area will be placed on individual lots. The plan shall provide for a range of lot size options in accordance with the following:
      1. No interior lot (lots having adjacent lots on both sides) shall be larger than seven thousand five hundred square feet.
      2. No corner lots proposed as a single-family dwelling shall be smaller than seven thousand five-hundred square feet.
      3. No corner lot proposed to contain a two-family dwelling shall be smaller than twelve thousand square feet or larger than fifteen thousand square feet.
   5. Access to lots—Frontage requirement. The layout shall provide that each lot shall abut upon and have direct access to a city street or designated private travelway. The distance along said abutting side shall be not less than sixty feet except that the length of said abutting side may be reduced in accordance with the following:
      1. The side abutting the street or travelway may be reduced to not less than thirty feet when the lot fronts upon a cul-de-sac or curve and the side lot lines radiate in such a manner that the width requirement will be met at a distance of not more than forty-five feet from the abutting front line; or
      2. The side abutting the street or travelway may be reduced to not less than twenty feet when the lot qualifies and is approved as a "flag lot."
   6. Setback of building. All dwellings shall be set back in accordance with setback lines shown on the final site plan; provided, that said setback lines shall be established in accordance with the following criteria:
      1. Front setback. A minimum of twenty-five feet as measured from the right-of-way or walkway easement line as applicable; provided, that in cul-de-sacs and flag lots, the setback lines shall be at the depth where the width requirements are met, but in no case less than twenty-five feet.
      2. Side setback—Corner lot. A minimum of twenty feet as measured from the right-of-way or walkway easement line adjacent to the street.
      3. Side setback—Interior lot lines. A minimum of eight feet with a combined total for the two side yards of twenty feet.
      4. Rear setback. A minimum of twenty feet as measured from the rear lot line.
      5. There shall be no minimum depth of lot, except that all lots fronting on arterial and collector class streets shall be not less than one hundred thirty feet in depth, provide for a minimum front setback distance of forty feet, and provide that access shall be by forward motion only.
      6. The council, subject to the prior recommendation of the planning commission, may approve a designated setback envelope for one or more lots within a conservation subdivision development at variance with the above standards upon a finding that such variance is appropriate for the proper development of the lot(s) and that such reduction will not result in the establishment of a hazardous condition.
   7. Open space—Amount required.
      1. A portion of each project shall be retained as common open space, trails, parks, playgrounds and recreational facilities for the benefit of the residents. The minimum amount of open space area shall be as follows:
         
         

         Zone	% of Gross Project Area
         PR-3.0	25%
         PR-2.3	30%
         PR-2.0	35%

      2. Open space areas shall be accessible and conveniently located for use by the residents. Land proposed to be used as pedestrian walkway, RV storage areas and isolated and small odd shaped parcels not practically useful or accessible shall not be included in meeting this open space requirement.
      3. Notwithstanding the minimum area requirements set forth in sub-paragraph A above, the open space area shall include all portions of the project area determined to be unsuited for development.
   8. Open space to be preserved. All common open space area shall be maintained so that its use and enjoyment as open space are not diminished or destroyed. To ensure that all designated open space area will remain as common open space, the applicants/owners shall provide for the preservation of the area as open space through one or a combination of the following:
      1. Dedicate or otherwise convey title to the open space area to the city for open space purposes.
      2. Convey ownership of the open space area to the homeowners association established as part of the approval of the project.
      3. Convey ownership of the open space area to a third party open space preservation agency
         In the event alternative b or c is used, the developer shall also execute an open space conservation easement in favor of the city over all common open space area of the project, in accordance with the provisions of the Land Conservation Easement Act (UCA 57-18-1 et seq.). The effect of such easement shall be to prohibit any excavating, making additional roadways, installing additional utilities, constructing any dwellings or other structures, or conducting or allowing the conduct of any activity which would alter the character of the open space area from that initially approved, without the prior approval of the city.
         The appropriate method for ensuring preservation of the open space area shall be as determined at the time of development approval.
   9. Construction and maintenance of common facilities.
      1. Where the proposed open space includes developed or useable space or facilities (tennis courts, pavilions, swimming pools, etc.) intended for use by project residents, the performance guarantees shall include funds to ensure the installation of landscaping and construction of public and essential common improvements. Also, the organizational documents shall provide for maintenance of all common open space and facilities and shall establish a reasonable cost for maintenance and an effective method for ensuring collection of maintenance assessments.
      2. To better facilitate maintenance of the open space area, concurrently with the final approval of the project, all portions of the project area may be included within a special service district established by the city for the purpose of ensuring the adequate funding for maintenance of common open space areas and, where established, all portions of the project shall be subject to assessment for such purposes in accordance with the applicable requirements of state law.
   10. General layout. Each project should be designed as a separate integrated design unit and shall not be considered as an extension of an adjacent project unless the approved plan represents a phase of a larger project. The plan shall provide for a high level of pedestrian and vehicular circulation through the project area.
9. Combined projects authorized. Projects containing a combination of development alternatives (e.g., flexible lot, conservation subdivision, low density - attached housing projects) may be approved by the city, subject to the following:
   1. Each of the development alternatives proposed to be included in the project are specifically listed as a permitted or conditional use within the underlying zone.
   2. The project shall be considered as a single project and be designed as an integrated unit.
   3. The design for a combined project shall conform with the density, open space and other requirements for each alternative, in accordance with the proportionate share of each alternative.
   4. The preliminary plan shall show the location, layout and design of each portion of the proposed project, including the area proposed to be developed for each development alternative.
   5. The common open space areas, RV storage areas and other common amenities shall be combined and located within any portion of the project area.
10. Improvement requirements. Construction of all public and common improvements shall be the responsibility of the project developer and shall be constructed in accordance with city standards or as specified on the approved plans. All common improvements shall be installed/constructed prior to, or at forty percent build-out of the project. Building permits for the construction of dwelling units beyond forty percent build-out shall not be granted until all common improvements are constructed. Performance guarantees to ensure the construction of all such improvements shall be provided in accordance with city requirements.
11. Project documents. The following documents shall be prepared and submitted by the developer for each project:
    1. Articles of incorporation for home owner's association (HOA) and corporation by-laws.
    2. Covenants, conditions, restrictions and management policies (CC&Rs).
    3. Open space preservation easement (as applicable).
    4. Documents conveying water rights to the city (as applicable).
    5. Engineer's estimate of probable cost for all public and essential common improvements.
    6. Development agreement between the developer, city and bond provider.
    7. A summary of common facilities and services to be provided by the (HOA) and an initial estimate the of costs.

(Ord. No. 2013-05-18, § 3, 5-14-2013)

1. Intent. The intent of the provisions of this section is as follows:
   1. To provide an alternative form of development for residential housing projects within the city which permits increased flexibility and encourages ingenuity in design while preserving a quality of residential amenities equal or superior to that possible under conventional subdivision requirements. In order to qualify for approval as a low-density - attached housing project, it must be demonstrated that the proposed project will: (1) adequately recognize and incorporate areas on the site having natural constraints to development, (2) efficiently utilize the land resources, (3) provide increased economy to the public in the delivery of municipal services and utilities, (4) provide increased variety in the style and quality of residential dwellings available within the city, (5) preserve open space to meet the recreational, scenic, and public service needs of current and future residents in the area, and (6) do all of the above in a manner which is consistent with the objectives of the underlying zone and under conditions which will result in the creation of residential environments of sustained desirability.
   2. To distinguish between the various types of planned unit development projects permitted within the city, to establish criteria and standards for the design of such development projects by developers, and to establish guidelines for the evaluation of such projects by the city.
   3. To set forth the duties and responsibilities of developers and residents with respect to the approval, construction, and maintenance of such projects.
   4. To clearly establish the relationship of the city and the developer with respect to the review and approval of such projects. Anyone not wishing to comply with the provisions of this section or conditions which may be attached by the city, as authorized herein, may proceed to utilize the land for any other use permitted by the underlying zone district.
2. Allowable uses within a low density-attached housing project. Each low density-attached housing project may include one or a combination of the following buildings, structures and uses of land:
   1. One-family detached dwellings.
   2. Two-family dwellings, when located on lots approved for such use, as shown on the approved project development plan.
   3. Multi-family dwellings, subject to the terms and limitations of the zone district in which the project is located.
   4. Common areas and facilities including, but not limited to, golf courses, swimming pools, tennis courts, club houses, recreational buildings, landscape parks, and similar recreational facilities for the use and enjoyment of the residents.
   5. Driveways, streets, trails, fences, walls, utility systems and facilities, common RV storage areas, ponds and landscape features, and similar uses and structures incidental to the main use.
   6. Churches, public and parochial schools and grounds, public agency parks and playgrounds, and public buildings and grounds.
3. Approval procedure. Anyone desiring to obtain approval to construct a low density-attached project shall follow the procedure in Section 17.7.200 of this code. In addition to the requirements of said section, any project which includes the division of property into individual lots shall conform to the applicable provisions for subdivisions.
4. Project evaluation guidelines. The planning commission shall review the proposal and may recommend approval upon finding that:
   1. All plans, documents, and other materials required for consideration have been submitted in a form suitable for evaluation.
   2. The plan conforms in all respects to the design standards and criteria for the type of PUD proposed.
   3. The site is suitable for development as a PUD and the project design adequately accommodates wetlands, drainage channels and other natural constraints to development and incorporates the terms of the streets, parks and trails, utilities and other relevant elements of the general plan and is compatible with existing development in the vicinity.
   4. The arrangement of the buildings, streets, open space drainage, and other project elements will result in a safe and attractive living environment equal or superior to that which would be provided under lot by lot development.
   5. The project, if developed, will accomplish the objectives for PUDs as stated under subsection A. above. The planning commission may require changes in the plan in order to more fully accomplish the intent, as set forth under subsection A. above. Such changes may include but are not limited to, adjustments in the density or the number of structures, relocation of project elements, redesign of the road system, increase in the amount of open space and provisions for the disposal of surface water drainage.
5. Project area, structure size and density.
   1. The requirements for project area, building style and density within a low density - attached housing project shall be as follows:
      
      

      Zone	Min. Initial Project Area (in Acres)	Max. DU/Structure	Max Density Factor (DU/Gross Area)
      PR-2.0	5	2	2.0
      PR-2.3	5	2	2.3
      PR-3.0	5	6	3.0

      For purposes of determining compliance with the standards set forth in the above table:
      1. "Minimum initial project area" shall mean the minimum total area included within any plat or plan submitted for final approval as the initial phase of a multi-phase project. The initial phase of any project shall contain an area equal or greater than the minimum initial project area, except that a minimum initial project area containing less than the amount set forth in the above table may be approved upon a finding by the planning commission and city council that the layout and number of units within the proposed initial phase constitutes a logical and independent design unit conforming to the intent for the approval of the project as set forth under Section 17.7.504.A. Subsequent additions to a project may contain less area than the minimum initial project area, as set forth in the above table, provided that the addition represents a logical extension of the project and all other requirements are met.
      2. "Gross project area" shall mean the total area within the project boundary, less that portion of the project area devoted to existing streets and travelways.
      3. "Net project area" shall mean the total area within the project boundary, less that portion of the project area devoted to streets and travelways.
   2. Where a low density - attached housing project is included as part of a combined project, as provided for pursuant to paragraph 1., the maximum number of dwelling units permitted within the low density - attached housing portion may be increased up to one hundred percent of the number shown on the above table, provided that the total number of dwelling units within all portions of the combined project shall not exceed the maximum allowable density.
6. Maximum project density. The maximum number of dwelling units permitted within a project (maximum allowable density) shall be the sum of the following:
   
   

   1.	Portion of Gross Project Area without limitations (from Natural Conditions Analysis)	x	Density Factor (from Paragraph E. above)
   		PLUS
   2.	Portion of Gross Project Area with limitations (from Natural Conditions Analysis)	x	One-half Density Factor (from Paragraph E. above)
   		PLUS
   3.	Transfer of Development Rights in accordance with the provisions of Section 17.4.605 (where authorized)

7. Placement of buildings—Dwelling mix.
   1. Dwellings within the project area may be placed on land to be held in common with other project owners (condominium option) or on parcels which correspond to the building footprint of the structure (footprint option).
   2. Each footprint site or designated building envelope (where the actual building dimensions are unknown) shall be located not closer than twenty feet from each adjacent dwelling, building footprint site or designated building envelope, as applicable, twenty-five feet to the closest boundary line of a project, and twenty-five feet from any adjacent public street or private travelway.
8. Design standards and criteria. The layout and design of the project shall conform to the following:
   1. Plans to be consistent with general plan—Stub streets authorized.
      1. All plans for a low density-attached housing project shall be consistent with the terms of the major street plan, trails plan and other elements of the general plan. Where the area of a proposed project includes any collector or arterial class street or significant minor street, as shown on the major street plan, and any designated trail, as shown on the trails element, the design of the project shall incorporate such street and trail in the location shown on the general plan and final approval of any such project shall include the dedication of the right-of-way to the city and its improvement in accordance with the applicable city standards.
      2. The proposed street system shall properly align and be compatible with adjacent streets.
      3. In order to facilitate development of an adequate and convenient circulation system within the city and to provide access for the logical development of adjacent properties, the city may, as a condition of approval, require the plan to include one or more stub streets which extend to the boundary of the project. All such stub streets shall be fully developed to the boundary of the project. Any plan for the development of the adjacent property shall provide for the continuation of the stub street.
   2. Plan to identify and accommodate natural constraints to development.
      1. All plans for the development of a project shall identify and accommodate any natural constraints to development. In order to adequately identify constraints to development, the city may require the preparation of a natural and physical conditions analysis map showing the location and extent of any natural or man made condition or legal encumbrance upon the property affecting the usability of the property, including, but not limited to, the location and extent of historic drainage channels (sloughs), flood ways, water courses and canals, areas subject to flooding (one-hundred-year frequency), wetland areas (including those under jurisdiction of the U.S. Corps of Engineers), areas of unsuitable soils for placement of foundations (i.e., peat soil areas), areas subject to liquefaction hazard, depth to ground water table, major pipeline and electric transmission line easements, or similar condition.
      2. Preparation of any required maps or studies shall be conducted by or under the direction of the city and shall be at the expense of the applicant.
      3. Any portion of the project area determined by the city to be unsuited for development shall be included in the open space portion of the project.  
   3. Project streets/travelways and pedestrian ways. The project shall be served by an internal street/vehicular travelway and pedestrian system which provides safe and convenient access to each dwelling unit and adequate circulation within the project. To ensure continued adequacy and maintenance of the street/travelway and pedestrian systems within the project area, title to such systems shall: (a) be conveyed to the home owners association for the project area, established as part of the approval process, and held by them as a part of the common areas (private street option), or (b) subject to the prior approval of the city at the time of development approval, be dedicated to the city for public use (public street option).
      1. Private street option. Where the plan provides that the travelway and pedestrian system is to be privately owned, the following shall apply:
         1. The layout of the travelway and pedestrian system shall be designed in a manner which discourages through traffic, but is consistent with the major street plan for the area, as follows:
            1. Except for arterial, collector and significant minor streets, long, straight street segments should be avoided.
            2. The design of residential street systems should discourage through-traffic movement by the use of curvilinear alignment, cul-de-sac and similar design elements.
         2. The primary access to all dwelling units within the project shall be from the internal travelway and pedestrian system.
         3. Each vehicular access to the project from the public street shall include an entrance monument identifying the name of the project and indicating that the travelways are private. Such entrance monument may include a moveable gate capable of physically blocking vehicular access to the project.
         4. The cross-section of each travelway and pedestrian system shall conform with city Standards for public streets. The standard of construction and quality of materials and workmanship for travelways, utility systems and other improvements shall conform to minimum city standards.
         5. The design shall provide adequate off-street parking for residents, visitors and storage of recreational vehicles, as follows:
            1. Off-street parking. Not less than two spaces per dwelling unit, to be located other than in the front setback area or side setback area adjacent to a street. Not less than two of the spaces provided shall be contained within a garage.
            2. Visitor parking. Not less than 0.25 spaces per dwelling unit in the project, in addition to any parking area appurtenant to a dwelling unit. Visitor parking spaces shall be distributed throughout the project area.
            3. Recreation vehicle storage. (See subsection H.10.).
         6. The layout and design of the travelway system shall provide for safe and convenient circulation within the project and be capable of ready access by emergency vehicles and personnel, as determined by the city.
         7. The content of the project documentation shall contain language which limits on-street parking to one side of the travelway.
         8. Where the proposed project area is adjacent to public streets, all required public improvements to the adjacent public street shall be constructed as a condition of approval.
         9. The project shall contains sufficient units to provide the revenue for maintenance of all intended common areas and facilities, but not less than twenty units.
      2. Public street option. Where the plan provides that the street/travelway and pedestrian/trail system is to be dedicated to the public, the following shall apply:
         1. All streets shall have a right-of-way width and be improved, all in accordance with city standards, and be dedicated to the city as a public street and public utility easement.
         2. Streets and pedestrian walkways on the boundaries of a project shall conform to city standards for subdivisions.
         3. The layout of the travelway and pedestrian system shall be designed in a manner which discourages through traffic, but is consistent with the major street plan for the area, as follows:
            1. Except for arterial, collector and significant minor streets, long, straight street segments should be avoided.
            2. The design of residential street systems should discourage through-traffic movement by the use of curvilinear alignment, cul-de-sac and similar design elements.
         4. Vehicular access to lots. Each building shall abut upon and have access to a city street or private travelway.
         5. Required common open space.
            1. Not less than twenty-five percent of the net project area (as defined under subsection E. above) shall be retained as common open space, parks, playgrounds and recreational facilities. For purposes of calculating the required common open space amount, no portion of the project area required to meet the building separation requirements under paragraph 4. above shall be considered as required common open space.
            2. Open space areas shall be accessible and conveniently located for use by the residents. Land proposed to be used as pedestrian walkway, RV storage areas and isolated and small odd shaped parcels not practically useful or accessible shall not be included in meeting this open space requirement.
            3. Notwithstanding the minimum area requirements set forth in subparagraph A. above, the open space area shall include all portions of the project area determined to be unsuited for development.
         6. Open space to be preserved. All common open space area shall be maintained so that its use and enjoyment as open space are not diminished or destroyed. To ensure that all designated open space area will remain as common open space, the applicants/owners shall provide for the preservation of the area as open space through one of a combination of the following:
            1. Dedicate or otherwise convey title to the open space area to the city for open space purposes; or
            2. Convey ownership of the open space area to the homeowners association established as part of the approval of the project.
            3. Convey ownership of the open space area to a third party open space preservation agency. In the event alternative B or C is used, the developer shall also execute an open space conservation easement in favor of the city over all common open space area of the project, in accordance with the provisions of the Land Conservation Easement Act (UCA 57-18-1 et seq.). The effect of such easement shall be to prohibit any excavating, making additional roadways, installing additional utilities, constructing any dwellings or other structures, or conducting or allowing the conduct of any activity which would alter the character of the open space area from that initially approved, without the prior approval of the city. The appropriate method for ensuring preservation of the open space area shall be as determined at the time of development approval.
         7. Construction and maintenance of common facilities.
            1. Where the proposed open space includes developed or useable space or facilities (tennis courts, pavilions, swimming pools, etc.) intended for use by project residents, the performance guarantees shall include funds to ensure the installation of landscaping and construction of public and essential common improvements. Also, the organizational documents shall provide for maintenance of all common open space and facilities and shall establish a reasonable cost for maintenance and an effective method for ensuring collection of maintenance assessments.
            2. To better facilitate maintenance of the open space area, concurrently with the final approval of the project, all portions of the project area may be included within a special service district established by the city for the purpose of ensuring the adequate funding for maintenance of common open space areas and, where established, all portions of the project shall be subject to assessment for such purposes in accordance with the applicable requirements of state law.
         8. Recreation vehicle parking. Each project shall provide an area for the storage of recreation vehicles (RV storage area). The RV storage area shall contain not less than one hundred fifty square feet per dwelling unit. Said area shall be readily accessible from the internal travelway system and be lighted and enclosed within a fence or wall. The area may also include enclosed storage units for the exclusive use of the residents.
         9. General layout. Each project should be designed as a separate integrated design unit and shall not be considered as an extension of an adjacent project unless the approved plan represents a phase of a larger project.
            The plan shall provide for a high level of pedestrian and vehicular circulation throughout the project area.
         10. Building design. The city may require the submission of typical or specific building plans and elevations for dwellings and other structures proposed within the project.
         11. Perimeter fencing. The outer perimeter of the project shall be enclosed in a continuous fence or wall having a height of not less than five feet. The design and type of fence shall be approved as part of the final approval and shall be constructed in accordance with city standards for perimeter fencing of PUD projects. Where a low density-attached housing project is proposed to be included as an integral part of a combined project, the fencing requirement for internal project boundaries may be waived.
9. Combined projects authorized. Projects containing a combination of development alternatives (e.g., flexible lot, conservation subdivision, low density-attached housing projects) may be approved by the city, subject to the following:
   1. Each of the development alternatives proposed to be included in the project are specifically listed as a permitted or conditional use within the underlying zone.
   2. The project shall be considered as a single project and be designed as an integrated unit.
   3. The design for a combined project shall conform with the density, open space and other requirements for each alternative, in accordance with the proportionate share of each alternative.
   4. The preliminary plan shall show the location, layout and design of each portion of the proposed project, including the area proposed to be developed for each development alternative.
   5. The common open space areas, RV storage areas and other common amenities shall be combined and located within any portion of the project area.
10. Improvement requirements. Construction of all public and common improvements shall be the responsibility of the project developer and shall be constructed in accordance with city standards or as specified on the approved plans. All common improvements shall be installed/constructed prior to, or at forty percent build-out of the project. Building permits for the construction of dwelling units beyond forty percent build-out shall not be granted until all common improvements are constructed. Performance guarantees to ensure the construction of all such improvements shall be provided in accordance with city requirements.
11. Project documents. The following documents shall be prepared and submitted by the developer for each project:
    1. Articles of incorporation for home owner's association (HOA) and corporation by-laws.
    2. Covenants, conditions, restrictions and management policies (CC&Rs).
    3. Open space preservation easement (as applicable).
    4. Documents conveying water rights to the city (as applicable).
    5. Engineer's estimate of probable cost for all public and essential common improvements.
    6. Development agreement between the developer, city and bond provider.
    7. A summary of common facilities and services to be provided by the (HOA) and an initial estimate the of costs.

(Ord. No. 2013-05-18, § 4, 5-14-2013)

1. Intent. It is the intent of this section to:
   1. Provide an alternative method wherein vacant and underused land in the interior of the existing blocks within the original town site and similar landlocked areas of the city may be developed, provided that development within such inner-block areas will be compatible with existing surrounding development; and
   2. Establish and set forth the special requirements and guidelines applicable to inner-block cottage development projects considered reasonably necessary to balance the interests of the surrounding development and applicants and accomplish the intent stated under subsection A.1. above.
2. Applicability of provisions.
   1. The provisions of this section shall be applicable only to the area of the city located within the boundaries of the inner-block cottage development overlay map, which map is hereby adopted and identified as eligible for inner-block cottage development projects thereon; and
   2. The inner-block areas shown on the inner-block cottage development overlay map are intended to show, in a general way, that portion of the interior of an existing block or parcel which: (1) because of the extent of surrounding development or other unique constraint is landlocked or otherwise without a ready opportunity for access, and (2) as a result of such condition has limited potential for development under conventional subdivision regulations. Inner-block cottage developments may be approved within all inner-block areas within the boundaries of the cottage development overlay map, subject to the following:
      1. The area proposed as an inner-block cottage development project is located within boundaries of a designated project area as shown on the inner-block cottage development overlay map, or shall have received a recommendation for inclusion in accordance with the provisions of subsection C.6.; and
      2. The area proposed to be included has sufficient land area to constitute a logical design unit, in conformance with the design standards and criteria for such projects, and will not have the effect of reducing the width, area, setback or other requirement of any adjacent lot or parcel to a level not conforming with the minimum requirements of the underlying zone; and
      3. The proposed design will not have the effect of precluding a reasonable opportunity for development of adjacent undeveloped property, as determined by the planning commission.
   3. Any person not desiring to comply with the requirements of this section or any condition of approval attached by the city shall have the right to proceed with development of the area as a conventional subdivision or other development alternative, subject to compliance with the applicable requirements relating thereto.
3. Application to be submitted. A proposal for development of an inner block cottage development project shall be initiated by submission of an application to the city and a concurrent notice of intent to request approval of an inner-block cottage development project, as provided by the applicant(s) to the current owners of record of each parcel of land within the designated block area and within three hundred feet of the boundary of the project area thereof (project notification area). Said application shall include the following:
   1. Identification of applicant(s).
   2. Identification of the specific block or parcels(s) for which the request is proposed.
   3. One or more maps showing the entire existing block and notification area, including: (1) the existing property boundaries; (2) the current ownership of each parcel; (3) the extent of the proposed inner-block cottage development project area and boundary of the initial phase of said project, if less than entire area; and (4) a written statement or petition signed by owners of each parcel within the project area, indicating whether they desire to have their respective property considered as part of the inner-block cottage development project and whether they intend to join in the immediate development of their portion or to reserve development to a future time.
   4. One or more concept plans showing a proposed lot and street layout plan for the entire area. The plan(s) should show the relationship of the proposed lots or building sites to existing lots, dwellings and other significant buildings and intended points of vehicular access. Also, if the project is proposed to be developed in more than one phase, the plan(s) shall show a proposed phasing plan.
   5. A copy of the written notice of intent to request approval of an inner-block cottage development project and a list of the names and addresses of the owners of property within the project notification area, together with evidence of the date that notice was provided thereto.
   6. In the event that the proposed inner-block cottage development project is for or includes an area not previously designated on the inner-block cottage development overlay map, the application shall include a petition requesting a determination of eligibility of the proposed area for consideration and approval of a inner-block cottage development project and amendment of the inner-block cottage development overlay map. All further consideration of the proposed project shall be suspended until such time as a determination of eligibility for the project area and recommendation for amendment to the inner-block cottage development overlay map shall have been made by the planning commission.
4. Procedure for approval. The procedure for approval shall be the same as set forth in Section 17.7.200.
5. Vehicular access.
   1. Street standards. Each lot or building site area within an inner-block cottage development project shall abut upon and be served by an adequate street which is dedicated to the city and complies with the requirements and standards for public streets.
      
   2. Cul-de-sac. Where inner-block access streets are not continuous, said streets shall terminate in a cul-de-sac having a radius of not less than sixty-three feet (63') or fifty-eight feet (58') accordingly. This cul-de-sac shall consist of a fifty-foot radius top back of curb with all other areas covered with an asphalt or concrete pavement, and a sidewalk providing pedestrian access to every lot for the entire width of the lot in a separate sidewalk easement.
   3. Entry street. Access routes into inner-block areas shall comply with the applicable minimum cross-section standard set forth above and, where the access route is situated adjacent to one or more existing dwellings, the minimum distance between the access street right-of-way and existing adjacent dwelling(s) shall comply with the minimum requirements for corner lots in the underlying zone.
   4. Street alignment. The alignment of the proposed street system should provide ready and convenient vehicular and pedestrian circulation within the project area.
6. Design standards and criteria.
   1. Maximum project density—Residual lots.
      1. The number of dwelling units located within an inner-block cottage development project shall be one dwelling unit for each six thousand square feet of area within the project area, not including any area designated for street purposes, the lot area for any existing dwelling included within the plat, or the area of any lot shown on the plat but not included as part of the project area.
      2. Each lot within the project area shall contain not less than five thousand square feet, not including any portion of a lot used as a flag lot access.
      3. Any subdivision lot created as a result of the inclusion of a portion of the former lot area in the inner-block cottage development project shall conform with the applicable zone lot requirements of the underlying zone and shall be included as a lot in the final plat of the inner-block cottage project or in a separate subdivision plat.
   2. Building type—Garage and off-street parking required. Each building will consist of a one-family structure having a building footprint area of not less than nine hundred square feet, not including the garage. Each dwelling shall include a minimum of one enclosed single-car garage of sufficient size to accommodate a full-sized automobile (not less than twenty-two feet in length) or a two-car enclosed garage that is not less than twenty feet in length and shall provide sufficient off-street parking for two full-sized automobiles.
   3. Building height. Each dwelling shall consist of one story, above ground, with a maximum height of twenty-four feet as measured from the elevation of the adjacent street to the top of the roof line of the building.
   4. Each structure to be located on designated lot—Size of lots. Each building containing a dwelling shall be situated on a separate lot or designated building site (if proposed for development as a PUD/condominium project).
   5. Lot layout. The proposed lot layout (or dwelling site area where individual lots are not proposed) and defined building envelope must duly recognize the relationship of new dwellings to existing adjacent dwellings (i.e., rear lots should abut rear lot areas of existing structures). Wherever possible, the access road system should not create double-frontage lots.
   6. Flag lots permitted. Where the project area contains unusual shapes or peninsulas, not readily accessed directly from the proposed inner-block street, the city council, subject to the prior recommendation of the planning commission, may approve a lot layout which includes one or more flag lots.
   7. Building envelope to be shown—Setback standards.
      1. Each lot or designated building site shall show a defined building envelope. Each dwelling structure shall be located within the boundaries of the defined building envelope.
      2. The proposed location of each dwelling or defined building envelope shall be shown on the preliminary plan and final plat. The defined building envelope area shall be established in accordance with the following setback criteria; provided that the city council, subject to receipt of a prior recommendation from the planning commission, may approve a defined building envelope for one or more buildings at variance with the setback criteria, upon a finding that the lot or building site contains unique conditions or circumstances, not of the making of the applicant, which justify the variance from strict compliance and the adjusted location does not result in an unsafe condition or an undue intrusion upon adjacent properties.
         1. Front setback. Twenty-five feet, as measured from the street dedication or sidewalk easement line, whichever is closer to the proposed dwelling; provided that no adjustment from this standard setback shall result in a driveway which is less than twenty feet in length, as measured from the garage to the closest abutting sidewalk.
         2. Side setback adjacent to a street. Twenty feet, as measured from the street dedication or sidewalk easement line, whichever is closer to the proposed dwelling.
         3. Side setback, interior side lot line. Not less than five feet, as measured from the closest portion of the proposed building wall, including any bay window, fireplace bump-out, basement window well.
         4. Rear setback. Not less than ten feet, as measured from the closest portion of the proposed building wall. Notwithstanding the above standards, the placement of all structures shall conform to the provisions of the fire code, as determined by the city building inspector.
   8. Fences permitted. The project area shall be enclosed within a fence or wall having a height of not less than six feet (except where required to provide clear vision to traffic and pedestrians). Private fences separating individual lots within the project are allowed, provided the following criteria are met: (1) the fence shall be no greater than six feet in height, (2) the fence may be placed on the side lot lines provided the fence is set back a minimum of twenty- five feet from the front property line, (3) no fencing shall be allowed within the front setback area or within the area enclosing the front yard, (4) fencing on corner lots shall be allowed, provided that: (a) property that adjoins the rear yard of a corner lot has no existing driveway within ten feet of the property line adjoining the corner lot, (b) fence must drop to three feet within sight distance area, as determined by Engineering, if driveway on adjoining lot is less than ten feet from the fence, (c) fence to be located on property line or one foot off of the sidewalk, whichever is greater, and (d) fence must meet the sight distance standards detailed in the American Fork City Development Code 17.5.110 (fig. 17.5.110-A). In addition, an accessible means of egress from the rear yard to the public right-of-way shall be provided (i.e. gate) in accordance with Section 1002 of the International Fire Code.
   9. Architectural compatibility.
      1. It is the intent of this section that new structures be of a character which is consistent and compatible with the bulk, height, style and construction materials of existing dwellings in the immediate vicinity, to the end that any new construction will not result in the introduction of building styles or exterior surface materials which are inconsistent with the overall character of the area.
      2. As part of the submittal for approval of an inner-block cottage development project, the developer shall submit a copy of the architectural plan for each unit intended to be constructed within the project area, including building elevations and a schedule of exterior surface materials to be used, and shall indicate the lot upon which each such plan will be constructed. The city may require changes in the plans and materials in order to more fully achieve the purposes of this section.
   10. Lots adjacent to existing streets to conform with requirements of underlying zone—Exceptions. Any lot or designated building site (whether included within the inner-block cottage development project or proposed as a residual parcel), which abut(s) on an existing street, must conform to the minimum zone requirements of the underlying zone (i.e., width and size of lot, setback requirements, etc.); provided, that, the city council, with the prior recommendation of the planning commission, may reduce the minimum width requirement for a residual lot adjacent to a proposed project access street and fronting on an existing street provided:
       1. That any existing dwelling on said parcel will be set back not less than twenty feet from the access street or adjacent sidewalk, if applicable; and
       2. That the width of the residual lot and other characteristics constitute a logical parcel for building purposes.
   11. Phased construction. Where an inner-block project is proposed to be constructed in phases, each phase shall be designed as if the phase were to become the ultimate development.

(Ord. No. 07-01-07; Ord. No. 2012-12-37, pt. I(§ 1), 12-11-2012; Ord. No. 2013-03-08, pt. I(§ 1), 3-12-2013; Ord. No. 2013-04-13, § 1, 4-23-2013; Ord. No. 2017-07-36, pt. I, § 1, 7-11-2017; Ord. No. 2017-10-59, pt. I, § 3, 10-24-2017)

1. Intent. The intent of the senior housing development project (SHD) provisions of this code is:
   1. To provide an alternative form of development for residential housing, designed and constructed specifically to accommodate the diverse lifestyle and health care needs of elderly persons in a manner which permits increased flexibility and encourages ingenuity in the design of structures and establishes a community environment targeted to meeting the needs of elderly persons.
   2. To establish criteria and standards for the design of such projects by developers and guidelines for their evaluation by the city.
   3. To set forth the duties and responsibilities of developers and residents with respect to the approval, construction, and maintenance of such projects.
   4. To clearly establish the relationship of the city and the developer with respect to the review and approval of such projects.
2. Permitted uses. The following buildings, structures and uses of land may be permitted within a SHD.
   1. Senior housing development projects containing one or a combination of the following:
      1. Independent living units/active senior housing projects.
      2. Congregate living units.
      3. Assisted living facilities.
      4. Residential facility for elderly persons.
      5. Public agency senior housing projects, restricted to placement in the R-2-7500, R-3-7500, R-4-7500 residential and CC-1 central commercial zones.
   2. Common areas and recreational facilities appurtenant to and developed as an integral part of a SHD. Such facilities may include, but are not limited to, golf courses, swimming pools, community activities buildings, landscape parks and similar recreational facilities for the use and enjoyment of the residents.
   3. Driveways, streets, fences, walls, utility systems and facilities, common storage areas, ponds, landscape features and similar uses and structures incidental to the main use.
3. Approval procedure.
   1. Anyone desiring to obtain approval to construct a SHD shall follow the procedure in Section 17.7.200 of this code. All applications for approval shall be accompanied by the materials required under Section 17.7.506.
   2. Anyone not wishing to comply with the provisions of this section or any conditions which may be attached by the city, as authorized herein, may proceed to develop under the requirements for conventional subdivisions as provided elsewhere in this code.
4. Project evaluation requirements—City may require changes.
   1. The planning commission shall review the proposal and may recommend approval upon finding that:
      1. All plans, documents, and other materials required for consideration have been submitted in a form suitable for evaluation.
      2. The plan conforms with all respects to the design standards and criteria for the type(s) of SHD project.
      3. The site is suitable for development as a SHD and construction of the proposed SHD will be consistent with existing development in the vicinity and compatible with the general plan for the area.
      4. The arrangement of the buildings, roadways, open space and other project elements will result in a safe and attractive living environment for elderly persons equal or superior to that which would be provided under lot by lot development.
      5. The project and structures in the project are specifically designed to accommodate the needs of elderly persons.
      6. The documentation for the project and the management plan for operation provide adequate assurance that the project will not be converted for use other than elderly housing.
      7. The project, if developed, will accomplish the intent for SHDs as hereinabove stated (See paragraph A., intent).
      8. In the opinion of the planning commission, the proposed project will: (1) adequately recognize and incorporate natural conditions present on the site; (2) efficiently utilize the land resources and provide increased economy to the public in the delivery of municipal services and utilities; (3) provide increased variety in the style and quality of residential dwellings for elderly persons available within the city; (4) preserve open space to meet the recreational, scenic, and public service needs; and (5) do all of the above in a manner which is consistent with the objectives of the underlying zone and under conditions which will result in the creation of residential environments of sustained desirability.
   2. The planning commission may require changes in the plan in order to more fully accomplish the intent of the SHD provisions. Such changes may include, but are not limited to, adjustments in the density or the number of structures, relocation of project elements, redesign of the road system, changes in the amount and location of open space and provisions for the disposal of surface water drainage, and amendments to the documentation.
5. Minimum project area.
   1. Conventional senior housing developments. The minimum contiguous area required for development of a SHD ("minimum project area") will be the same as required for a planned unit development, as set forth under Section 17.7.501, paragraph E. or F., as applicable. Where the project area is large enough to be phased, the initial phase of any SHD will contain an area not less than the minimum project area. Subsequent additions to a project may contain less than the minimum project area, provided that the addition represents a logical extension of the project and all other requirements are met.
   2. Public agency senior housing projects. The area proposed to be included has sufficient land area to constitute a logical design unit in conformance with the design standards and criteria for such projects and will not have the effect of reducing the width, area, setback or other requirement of any adjacent lot or parcel to a level not conforming with the requirements of the underlying zone.
6. Project density.
   1. Maximum allowed density. The total number of dwelling units permitted in a SHD (Maximum Allowed Density) will be as follows:
      1. When proposed to be located in residential zones.
         
         

         Zones	Max. Density (DU/AC of Gross Project Area)
         R-1-20,000	2.0
         R-1-15,000	2.3
         R-1-12,000	3.0
         R-1-9000	3.6
         R-1-7500	4.3
         R-2-7500	6.5
         R-3-7500	8.5
         R-4-7500	12.0

         "Gross project area" shall mean the total area within the project boundary, less that portion of the project area devoted to existing streets.
      2. When proposed to be located in planned residential zones (PR-2, 2.3 or 3.0). The maximum number of dwelling units permitted within a project (maximum allowable density) when located within a planned residential zone (PR-2, PR-2.3, or PR-3) shall be the sum of the following:
         
         

         1.	Portion of Gross Project Area without limitations (from Natural Conditions Analysis)	x	Density Factor for zone district (2.0, 2.3, 3.0 as applicable)
         		PLUS
         2.	Portion of Gross Project Area with limitations (from Natural Conditions Analysis)	X	One-half Density Factor for zone district (2.0, 2.3, 3.0 as applicable)
         		PLUS
         3.	Transfer of Development Rights in accordance with the provisions of Section 17.4.605 (where authorized)

      3. When proposed to be located in a public agency senior housing project, the maximum number of dwelling units permitted within a project (maximum allowable density) may be increased to a density of not greater than sixteen units per acre in the R-4-7500 residential and CC-1 commercial zones, eleven dwelling units per acre in the R-3-7500 residential zone and eight and one-half units per acre in the R-2-7500 zone.
7. Dwelling units per structure.
   1. Structures to conform with terms of underlying zone. The maximum number of dwelling units within a structure located within a senior housing project shall be the same as specified for the underlying zone or Section 17.7.502, (when located within a PR zone), as applicable. For public agency senior housing projects, the maximum number of dwelling units per structure shall be four, and each unit shall be located at ground level.
   2. Group housing structures in R-3-7500 and R-4-7500 zones. Exceptions Notwithstanding the provisions of paragraph 1. above, and the separation requirement for similar group housing uses (Sections 17.6.107, 17.6.108 and 17.6.109), a SHD project located in the R-3-7500 or R-4-7500 zone district may, with the prior consent of the city, include one or more group housing structures which exceed the number of units allowed pursuant to the terms of the underlying zone. Where a project or portion thereof proposes the construction of one or more group housing structures having a number of units greater than permitted under the underlying zone, said structures shall conform to the following:
      1. Any senior housing project proposing to include group housing structures shall contain not less than twenty acres and include not less than sixty dwelling units.
      2. Not more than sixty-seven percent of the dwelling units within the project shall be contained in group housing structures. The dwelling units may be located within a single structure or a cluster of structures.
      3. Where the project contains more than one group housing structure, the structures shall be clustered in close proximity with each other and with the common building.
      4. The architectural design and exterior of each building shall be compatible in color, style texture and materials with dwellings located within the existing area. To reduce the apparent bulk of the structure, the city may require the facade of the structure and roof line be divided into smaller segments.
      5. Where a group structure is to be occupied solely as an assisted living facility, off-street parking shall be provided at the rate of one parking space for each three units. If the structure is proposed to contain or include independent living units, congregate care units, or elderly housing facility, off-street parking shall be provided at the rate of one and one-half off-street spaces for each such unit.
      6. If the senior housing development project is proposed to be developed in phases, a phasing scheme showing the boundaries of each phase shall be provided. The portion of the overall project included in the initial phase shall conform to the base size requirements for such projects and contain a sufficient portion of the total project area to be able to function as an independent project without the additional phases, including provisions for access, common amenities and open space areas. Each phase shall also provide a mix of unit types proposed for the project.
      7. Upon receipt of final approval by the city, occupancy shall be limited to specific type of use approved (assisted living, independent living, congregate care, etc.) and may not be converted or changed to a different type of occupancy or use without the prior approval by the city.
8. Design standards and criteria. The layout and design of the project shall conform to the following:
   1. Plans to be consistent with general plan—Stub streets authorized.
      1. All plans for a SHD project shall be consistent with the terms of the major street plan, trails plan and other elements of the general plan. Where the area of a proposed Project includes any collector or arterial class street or significant minor street, as shown on the major street plan, and any designated trail, as shown on the trails element, the design of the project shall incorporate such street and trail in the location shown on the general plan and final approval of any such project shall include the dedication of the right-of-way to the city and its improvement in accordance with the applicable city standard.
         The proposed street system shall properly align and be compatible with adjacent streets.
      2. In order to facilitate development of an adequate and convenient circulation system within the city and to provide access for the logical development of adjacent properties, the city may, as a condition of approval, require the plan to include one or more stub streets which extend to the boundary of the project. All such stub streets shall be fully developed to the boundary of the project. Any plan for the development of the adjacent property shall provide for the continuation of the stub street.
   2. Plan to identify and accommodate natural constraints to development.
      1. All plans for the development of a project shall identify and accommodate any natural constraints to development. In order to adequately identify constraints to development, the city may require the preparation of a natural and physical conditions analysis map showing the location and extent of any natural or man-made condition or legal encumbrance upon the property affecting the usability of the property, including, but not limited to, the location and extent of historic drainage channels (sloughs), flood ways, water courses and canals, areas subject to flooding (one-hundred-year frequency), wetland areas (including those under jurisdiction of the U.S. Corps of Engineers), areas of unsuitable soils for placement of foundations (i.e., peat soil areas), areas subject to liquefaction hazard, depth to ground water table, major pipeline and electric transmission line easements, or similar condition.
      2. Preparation of any required maps or studies shall be conducted by or under the direction of the city and shall be at the expense of the applicant.
      3. Any portion of the project area determined by the city to be unsuited for development shall be included in the open space portion of the project.
   3. Streets, travelways and pedestrian walkways.
      1. The project shall be served by an internal travelway system which provides safe and convenient access to each dwelling unit and adequate circulation within the project.
      2. The city may accept dedication of any major access roads within the project. Any roads proposed for dedication to the city shall comply with all city standards for public streets.
      3. Pedestrian walkways (sidewalks) shall be provided adjacent to all streets in locations approved by the city. The corridor containing the pedestrian walkway shall be not less than five feet in width when located apart from the public street or four feet when located contiguous thereto. Access to and use of the walkway by the public shall be secured through the attachment of a travel and public utility easement or by dedication to the city as part of the dedication for the adjacent street. All walkways shall be improved in accordance with city standards.
      4. Private travelways shall provide safe and convenient vehicular movement to and from all off-street parking spaces. Private travelways shall have a minimum travel surface of not less than twenty-four feet and be bordered by a cement curb. No on-street parking shall be permitted on travelways not conforming to city standards for public streets. Unless otherwise provided for in the design, sidewalks shall be provided along at least one side of the travelway.
   4. Off-street parking.
      1. All parking spaces and areas shall be designated and constructed in accordance with city standards.
      2. Each resident space shall be covered and designated for the exclusive use of a specific unit. Where a covered parking space is enclosed in an attached garage, such space shall be set back not less than fifteen feet from any adjacent travelway providing vehicular circulation within the project.
   5. Building location.
      1. Buildings shall be separated from one another a distance of not less than twenty feet where adjacent structures are one-story in height or thirty feet where one or both adjacent structures contain more than one story above ground.
      2. Buildings located adjacent to public streets shall be set back a minimum of 30 feet as measured from the right-of-way or pedestrian way line, as applicable.
      3. Single story dwellings having a height of twelve feet or less, as measured at the eave line, including any and all appurtenances, attachments, and any other spaces defined on the plat as "private" or "limited common area," shall be set back from any adjacent property line a distance of not less than ten feet. Multistory dwellings or any dwelling having a height of more than twelve feet, as measured at the eave line, including any and all appurtenances, attachments, and any other spaces defined on the plat as "private" or "limited common area," shall be set back not less than twenty feet from any adjacent property line.
   6. Common open space. Not less than twenty-five percent of the net project area of the development shall be retained as common open space, parks, playgrounds, and recreational facilities for the use and benefit of the residents. However, where the project consists entirely of one story structures, the amount of required open space may be reduced to fifteen percent. Land proposed to be used for parking, pedestrian walkway area, driveways, private open space or land surrounding structures required to conform with building location or setback requirements and isolated small parcels, not practically useful or accessible to the residents, shall not be included in meeting this open space requirement.
   7. Private open space. Each unit shall have a private outdoor living area, as follows:
      1. Ground floor dwellings. Each dwelling shall have an appurtenant private patio, atrium or similar open space having a minimum area of one hundred fifty square feet and a minimum dimension of ten lineal feet. Such space shall be designed for the sole enjoyment of the dwelling occupants and shall be directly accessible from a room within the dwelling. The city may require that said area be enclosed with a fence, wall, or similar enclosure to provide privacy.
      2. Above ground floor dwellings. Each dwelling shall have an appurtenant private balcony having a minimum area of one hundred fifty square feet and a minimum dimension of eight lineal feet.
   8. Private storage space. Each dwelling shall have not less than two hundred twenty-five cubic feet of enclosed, waterproof and lockable private storage space adjacent to or within the immediate vicinity of the unit.
   9. Landscaping. All area not otherwise occupied by buildings, parking, roadways, etc., shall be landscaped.
   10. Sealed surface. Notwithstanding any of the above, not more than fifty percent of the gross area of any development shall be covered by buildings, paving or other surface which would prohibit the downward percolation of surface water ("sealed surface area"). However, where the project consists entirely of one-story units, the amount of sealed surface area may be increased to not more than sixty percent of the gross project area.
   11. Solid waste disposal. The development shall provide solid waste disposal facilities as follows:
       1. Common disposal facilities. Where common disposal facilities are to be used, they shall be conveniently available to all dwelling units and readily and safely accessible to maintenance equipment and shall be enclosed with a solid fence or wall not less than six feet in height.
       2. Individual disposal facilities. Where the project design permits, individual waste disposal methods may be used.
   12. Perimeter fencing. The outer perimeter of the project shall be enclosed in a continuous fence or wall of approximately six feet in height; provided, that this provision may be waived along boundaries which are adjacent to or abutting upon a street or travelway.
   13. Utilities.
       1. Culinary water. Each dwelling unit shall be serviced by the city's water system. The city may require individual water connections and meters for each unit or, at its discretion, authorize the use of oversize connections and a master meter for the project. Each unit shall be equipped with an easy accessible shutoff valve.
       2. Sewer. Each unit shall be connected to the city's sewer system either by an individual or common lateral, whichever is determined applicable by the city.
       3. Utilities to be underground. All utility systems shall be placed underground.
   14. Disposal of surface water. All surface water generated as a result of development of the project shall be disposed of within the site. The plan shall provide a statement, including calculations, showing the amount of water to be accommodated and the drainage patterns and methods of disposal. All such facilities shall be consistent with the storm water element of the general plan and in accordance with city standards as directed by the city engineer.
   15. On-site management office and meeting room required. The project shall include on-site management services and will maintain an on-site management office and also a community activities building. The project may include area and facilities providing on-site personal services and commodities for the benefit of intended residents, (e.g., medical offices, therapy, groceries, hair care services).
   16. Project documentation. As part of the submittal materials, the applicant shall submit a management plan for the operation of the project, which plan shall include provisions to limit occupancy to elderly persons.
9. Improvement requirements. Construction of all public and common improvements shall be the responsibility of the project developer and shall be constructed in accordance with city standards or as specified on the approved plans. All common improvements shall be installed/constructed prior to, or at forty percent build-out of the project. Building permits for the construction of dwelling units beyond forty percent build-out shall not be granted until all common improvements are constructed. Performance guarantees to ensure the construction of all such improvements shall be provided in accordance with city requirements.

(Ord. No. 2003-01-02, 1-14-2003; Ord. No. 2005-06-25, 6-14-2005; Ord. No. 2013-05-18, § 4, 5-14-2013; Ord. No. 2013-05-19, § 1, 5-14-2013)

1. Intent. The intent of the provisions of this section are:
   1. To provide a process for the integrated design, approval and development of planned community development projects, which projects provide for a mixture of land uses (residential, retail, office, light industrial, etc.), variety in residential densities and dwelling types (one-family detached, multi-family, etc.), ready access to parks and other open space areas and also public and semi-public areas and facilities (schools, churches, etc.), streets, trails and other forms of transportation, and other uses as are essential to the establishment of a livable and economically viable community.
   2. To ensure diversity and balance in the range of uses to be included within the planned community development project, to the end that the project will result in a true "planned community" providing for a variety of life-styles and individual interests in a safe and pleasing living environment and an economic viability which is sufficient to support the public service needs of the residents.
   3. To establish criteria and standards for the design and development of planned community development projects and project amenities and the essential utility systems and facilities required to serve the project residents.
   4. To set forth the duties and responsibilities of developers and residents with respect to the approval, construction and maintenance of such projects.
   5. To clearly establish the relationship of the city and developer with respect to review and approval of such projects.
2. Permitted uses. Each planned community development project shall include a variety of land use types, areas and facilities, and also a range of residential densities which, in combination, will result in a balanced urban community environment.
   1. Each planned community development shall include a combination of the following:
      1. One-family and two-family residential units on individual lots.
      2. Multi-unit residential structures.
      3. Retail commercial establishments.
      4. Office commercial establishments.
      5. Public and semi-public buildings and areas including, but not limited to, schools, administration offices, fire stations, water storage reservoirs, churches, recreation centers.
      6. Parks, trails and other forms of open space.
      7. Areas and facilities devoted to vehicular and pedestrian circulation (roads, trails, sidewalks, bus terminals, etc.).
   2. In addition to the above required elements, a planned community development project may include other uses and areas typically included as a part of balanced community environment including, but not limited to:
      1. Regional and community shopping centers.
      2. Light industrial and manufacturing structures.
      3. Mixed-use structures containing a combination of two or more uses.
3. Minimum project area. The minimum initial project area for a planned community development project shall be one hundred acres. The lands within the project area shall be contiguous and be of a dimension which constitutes a logical design and development area. The outer boundaries shall not be drawn to leave isolated or derelict parcels not readily suited for independent development. In the event that the proposed project area includes lands owned by more than one person or entity, the request for approval shall include evidence that all land owners within the proposed project area are parties to the request. There shall be no minimum area for subsequent additions to the initial project area, except that any such additional area shall constitute a logical extension of the initial phase, as determined by the planning commission
4. Approval procedure. Approval of a planned community development project shall include a multi-step process, with each step providing an increased level of detail, as follows:
   1. Step 1—Overall concept approval—Overall project concept plan required. To encourage innovation and flexibility in the design of planned community development projects, the initial step in the approval process is the preparation of an overall project concept plan. The overall project concept plan shall include the following elements:
      1. A Natural conditions analysis map showing all areas within the project having a probability of being unsuited for development as a result of natural or man-caused conditions (i.e., wetlands, topography, chemical disposal sites, etc.)
      2. A basic layout plan for the entire project area. The layout plan, shall be prepared at a scale not less than one inch equals two hundred feet and shall show and identify:
         1. The component areas of the project (residential, commercial, mixed use, etc.).
         2. The intended use of all lands within each of the component areas (i.e., detached one-unit residential, attached multi-unit residential, office park shopping center, open space and trail facilities, etc.).
         3. For residential areas, the intended housing style(s) and proposed residential density.
         4. For commercial areas, the type(s) of commercial development proposed and the intended square footage of commercial buildings to be developed.
         5. The location of all areas to be retained in open space and trails.
         6. The location and size of all areas intended to be used for public or semi-public use.
         7. The location of all major streets and other transportation systems and corridors.
         8. The location and size of any areas intended for placement of water, sewer or other utility facilities.
      3. A development phasing plan (where the project is proposed to be developed in phases) showing the area(s) to be included within each proposed phase of the development, the sequence of development for the several phases, and an estimate of time for the development of each phase. The development phasing plan shall conform with the provisions of subsection H. of this section.
      4. A utility development plan showing the intended method for providing the essential utility facilities required for the development of the project.
      5. An economic viability plan providing an estimate of tax and other municipal revenues anticipated to be generated from each of the phases and a summary of municipal expenditures for each.
   2. Step 2—Approval of overall concept plan. The terms of the PC planned community zone establish only minimum standards for land use, size of commercial areas, amount of land devoted to open space and public and semi-public uses. The planning commission may require the inclusion of additional uses, materials and facilities in the design of the project plan which exceed the minimum standards set forth in this section. Approval of the overall concept plan shall be by ordinance passed by the city council, following the receipt of a recommendation from the planning commission and hearing on the plan, all in accordance with the procedure and standards for amendments to a zoning ordinance as set forth in Utah State Law and Section 17.11.100 of this code.
      Upon passage of the ordinance approving the overall concept plan by the city council, the planned community project, as set forth on the overall concept plan, shall be considered vested and the various land uses identified in the plan, the residential densities shown for the various component parts set forth on the plan, the commercial square footage amounts identified on the plan and other areas and uses shown on the plan shall constitute the land use and density requirements applicable within the project area. Thereafter, the city shall be committed to grant preliminary and final project approval of the land uses and at the densities set forth on the plan, subject to compliance with the more detailed standards, requirements, and any conditions for approval of preliminary plans and recording of final plats applicable to such project plans.
   3. Step 3—Approval of a detailed preliminary plan. The detailed preliminary plan shall include one or more of the development phases identified as part of the overall concept plan. The detailed preliminary plan shall include the following elements:
      1. A detailed layout plan for the entire phase area. The layout plan, shall be prepared at a scale not less than one inch equals one hundred feet and shall show and identify:
         1. The specific layout of the phase area showing the intended use of all lands, the location and size of each residential lot, and the placement, size and use of each proposed multi-unit structure and proposed commercial or mixed-use structure.
         2. The specific location of all streets and roads, showing the circulation pattern within the phase area and any off-site roads required to provide access to the phase area.
         3. The location and intended improvement of all areas to be retained in open space and trails.
         4. The location and intended improvement of all areas intended to be used for public or semi-public use.
         5. Preliminary engineering drawings showing the proposed cross-section of all streets and the location and size of all water, sewer and other utility lines within the phase area, including any off-site lines and facilities required to provide adequate utility service to the phase area.
         6. The location and size of all storm water drainage and treatment facilities. Also, storm water calculations showing the conditions under a one-hundred-year frequency storm.
      2. A detailed geotechnical report of the phase area.
      3. A detailed natural conditions analysis map showing all areas within the phase area determined to be unsuited for development as a result of natural or man-caused conditions (i.e., wetlands, topography, chemical disposal sites, etc.).
      4. A detailed economic viability plan for the phase area summarizing the extent of uses and activities to be included within the phase area and providing an estimate of tax and other municipal revenues anticipated to be generated from the phase area and a summary municipal expenditures.
      5. A summary indicating the intended ownership of projects within the phase area (i.e., subdivision, condominium). Also, a summary of the intended ownership of any proposed open space, public, and semi-public lands included in the phase area and evidence from the intended owner of an intent to acquire or accept title to the designated area.
   4. Step 4—Approval of detailed preliminary plan. The procedure for approval of a proposed detailed preliminary plan shall be as set forth under Section 17.7.200 of this code.
   5. Step 5—Preparation of final plat. A final plat is required wherever the plan provides for the division of larger parcels or the sale of condominium units. The final plat shall include all or a portion of the area within the detailed preliminary plan and shall consist of the following elements:
      1. The original plat mylar, prepared on forms approved by the county recorder.
      2. Copies of the final engineering drawings.
      3. An engineer's estimate of the cost of construction of all required improvements. This estimate is to be used as the basis for establishing the amount of the performance guarantee.
      4. Evidence of tax clearance as required by state law.
      5. Copies of required condominium, planned unit development or other required documents.
   6. Approval of final subdivision or condominium plats. The procedure for approval of proposed final plats shall be as set forth under Section 17.7.200 of this code.
5. Project approval guidelines.
   1. The planning commission shall review the proposal and may recommend approval upon finding that:
      1. All plans, documents, and other materials required for consideration have been submitted in a form suitable for evaluation.
      2. The plan conforms in all respects to the design standards and criteria for the project.
      3. The site is suitable for development as a planned community project and will be consistent with existing development in the vicinity and compatible with the general plan for the area.
      4. The arrangement of the buildings, roadways, open space and other project elements will result in a safe and attractive living environment equal or superior to that which would be provided under lot by lot development.
      5. The project, if developed, will accomplish the objectives as stated under subsection A. above.
   2. The planning commission and city council may require changes in the plan in order to more fully accomplish the intent, as stated in subsection A. above. Such changes may include, but are not limited to, adjustments in the density or the number of structures, relocation of project elements, redesign of the road system, increase in the amount of open space, and provisions for the disposal of surface water drainage.
6. Design standards and criteria. Any proposal to develop a portion of a planned community development project shall conform to the following:
   1. Plan to conform with overall concept plan. The plan submitted with any proposal to secure approval for development of all or a phase of a planned community development project shall be in substantial compliance and consistent with the terms of the approved overall concept plan and phasing scheme.
   2. Plans to be consistent with general plan.
      1. All plans for approval of a portion of a planned community development project shall be consistent with the terms of the major street plan, trails plan and other elements of the general plan. Where the area of a proposed Project includes any collector or arterial class street or significant minor street, as shown on the major street plan, and any designated trail, as shown on the trails element, the design shall incorporate such street and trail in the location shown on the plan, and the approval of any final plat shall include the dedication of the right-of-way to the city and its improvement in accordance with the applicable city standards.
      2. The proposed street system shall properly align and be compatible with adjacent streets.
      3. In order to facilitate development of an adequate and convenient circulation system within the city and to provide access for the logical development of adjacent properties, the city may, as a condition of approval, require the plan to include one or more stub streets which extend to the boundary of the project. All such stub streets shall be fully developed to the boundary of the project. Any plan for the development of property adjacent to the stub street shall provide for the continuation of the stub street.
   3. Plan to identify and accommodate natural constraints to development.
      1. All plans for the development of a portion of a planned community development project shall identify and accommodate any natural constraints to development. In order to adequately identify constraints to development, a natural and physical conditions analysis map shall be prepared by the applicant showing the location and extent of any natural or man caused condition or legal encumbrance upon the property affecting the usability of the property, including, but not limited to, the location and extent of any historic drainage channel (slough), flood way, water courses and canals, areas subject to flooding (one-hundred-year frequency), wetland areas (including those under jurisdiction of the U.S. Army Corps of Engineers), areas of unsuitable soils for placement of foundations (i.e., peat soil areas), areas subject to liquefaction hazard, depth to ground water table, major pipeline and electric transmission line easements, or similar condition.
      2. Preparation of any required maps or studies shall be conducted by or under the direction of the city and shall be at the expense of the applicant.
      3. Any portion of the project area determined by the city to be inappropriate for development shall be included in the open space portion of the project.
      4. Projects which include open water (streams, slough, springs, etc.) shall include provisions to protect the quantity and quality down stream water rights.
      5. Project plans should include provisions which preserve historic drains and underground water flows.
   4. Residential areas to be identified—Maximum residential density.
      1. All portions of the planned community development project intended to include primarily residential units and appurtenant open space areas shall be identified and placed into one or more residential neighborhood density districts. The maximum number of dwelling units within each residential neighborhood density district shall be twelve dwelling units per gross acre within the district, not including existing public streets.
      2. No portion of a residential neighborhood density district which contains attached housing units shall have a density greater than twenty-four dwelling units per gross acre.
      3. All portions of a planned community development project intended to be devoted primarily to commercial, office, or manufacturing use shall be placed into one or more community commercial districts. A community commercial district may include residential units which may be located above the first floor of commercial buildings or in separate structures intermingled with commercial structures. There shall be no maximum number of dwelling units within this district, except as set forth on the approved overall plan.
   5. Project streets/travelways and pedestrian ways.
      1. Major streets. The project plan shall include all streets identified on the general plan in the approximate location shown on the general plan. All streets shown on the general plan shall be public streets and shall be dedicated to the public. All such streets shall conform with city standards.
      2. Streets and Alleys. The project shall be served by an internal street/vehicular travel way system consisting of a combination of local streets and alleys. All streets and alleys shall conform to the standards for public streets and alleys. Local streets intended to remain as private streets and all alleys shall be conveyed to the project home owners association as common property.
         1. Alleys. An alley is a narrow drive aisle, primarily for vehicular service access to the back or side of properties otherwise abutting on another street, common area, or public space. Alleys allow service areas to be located in the back of homes and provide for greater separation of vehicular and pedestrian traffic.
         2. Dead ends and cul-de-sacs. Only local streets may be dead-end streets. No dead end shall exceed two hundred fifty feet in length, not including turn-around. Dead-end streets must terminate in approved turn-arounds as described in the general plan. Where dead ends and cul-de-sacs are used, pedestrian connections to through-streets may be deemed necessary.
         3. Blocks. The length, width, and shape of blocks shall be designed with due consideration of pedestrian circulation and safety of street traffic. Block size and street connectivity between parcels should allow for short walks. A standard of one street every six hundred feet is the suggested guideline for block size, but this standard may be applied flexibly if deemed necessary to accommodate the limitations and opportunities of topography.
      3. Parking.
         1. Amount of parking. The project design shall provide adequate off-street parking spaces for the residents. The number of parking spaces required shall conform to the provisions of Section 3-1-1-2 of the Off-Street Parking Standards Ordinance.
         2. On-street parking—Private streets. On-street parking shall be permitted on streets having sufficient width as set forth on Figure17.7.507-A. The location of on-street parking spaces shall be shown on the approved final plat and may be included in meeting the off-street parking requirements for the project. The size and design of on-street parking spaces shall conform with the terms of the Off-street Parking Standards Ordinance. On-street parking spaces shall be located not closer than five feet to an intersection with another private street or alley or twenty feet to an intersection with a public street, provided, there are no conflicts with the sight triangle or state law requirements.
         3. On-street parking—Public streets. On-street parking on a public street shall be allowed in accordance with city policies and requirements.
      4. Ownership and maintenance. To ensure continued adequacy and maintenance of the street/travelway and pedestrian systems within the project area, title to such systems shall: (a) be conveyed to a property owners association for the project area, established as part of the approval process, and held by them as a part of the common areas (private street option); or (b) subject to the prior approval of the city at the time of development approval, be dedicated to the city for public use (public street option).
         1. Private street option. Where the plan provides that the travelway and pedestrian system is to be privately owned, the following shall apply:
            1. The layout of the travelway and pedestrian system shall be designed in a manner which provides adequate vehicular circulation and is consistent with the major street plan for the area.
            2. All lots and structures within the project shall be accessed only from the internal travelway and pedestrian system.
            3. All points of vehicular ingress and egress from a public street to a component project (subdivision, residential PUD) shall include an entrance monument identifying the name of the project and indicating the travelways are private. Such entrance monument may include a moveable gate capable of physically blocking vehicular access to the project.
            4. The cross-section of each travelway and pedestrian system shall conform with city standards for public streets and with standards articulated in subsection F.5.b. above. The standard of construction and quality of materials and workmanship for travelways, utility systems and other improvements shall conform to minimum city standards.
            5. The design shall provide adequate off-street parking in accordance with city standards.
            6. The layout and design of the travelway system shall provide for safe and convenient circulation within the project and be capable of ready access by emergency vehicles and personnel, as determined by the city.
            7. Streets and pedestrian walkways on the boundaries of a project shall conform to city standards for subdivisions and all required public improvements to the adjacent public street shall be constructed as a condition of approval and the street right-of-way dedicated to the city.
         2. Public street option. Where the plan provides that the travelway and pedestrian system is to be dedicated to the public, all streets shall conform to city standards for right-of-way width, be improved in accordance with city standards, and be dedicated to the city.
   6. Location of buildings to be specified.
      1. One- and two-unit residential structures.
         1. For portions of the project area intended for development of one- and two-unit residential structures, the plan shall show the location and size of each lot and its intended use and shall indicate the minimum setback requirements to be applicable.
         2. Standards.
            1. Buildings that are located within thirty feet of a front or side property line facing a street shall have at least twenty-five percent of the wall in window or door areas.
            2. No portion of a side setback area adjacent to a street shall be used for off-street parking.
            3. Parking areas shall not be located between buildings and the street. Parking areas may be located in the interior side setback area and behind the buildings.
            4. Access to the buildings shall come directly from the street and/or a sidewalk.
            5. Ground floor pedestrian entrances must be oriented toward the street or an open space accessible from a street.
            6. Distance from homes to street. Dwellings that do not face public or private streets, but instead face open space, parks, common areas, etc., must also comply with the International Fire Code for Fire Apparatus Access Roads.
            7. Primary and secondary access. For purposes of compliance with the terms of this section, primary and secondary access shall be determined as follows:
               1. Primary access is determined by the location of the front door. The front door is considered the primary access.
               2. Primary access is from public streets, private streets and/or sidewalks
               3. Alleys are considered secondary access as long as the distance from streets complies with subsection F.5.b.
      2. Multiple unit residential, commercial, office, manufacturing and mixed use structures.
         1. For portions of the project area intended for development of multiple unit residential, commercial, office, manufacturing and mixed use structures, the plan shall show the location, height, and intended use, number of residential units and square footage of commercial, office, manufacturing or other non-residential uses within each structure.
         2. The plan shall show the areas intended for use as off-street parking and landscaping and any other major use or activity to be included as a part of the project.
         3. Standards.
            1. Building primary orientation shall be toward a public or private street, drive aisle, common area or other public or private open space rather than the parking area.
            2. At least sixty percent of the street frontage shall have buildings within ten feet of the property line. Parking is not permitted in this area.
            3. Trash storage areas, mechanical equipment, and similar areas are not permitted to be visible from the street.
            4. The principal entrance must be designed to be readily apparent. Buildings that are open to the public and are within thirty feet of the street shall have an entrance for pedestrians from the street to the building interior. This entrance shall be designed to be attractive and functional, be a distinctive and prominent element of the architectural design, and shall be open to the public during all business hours.
      3. For portions of the project area intended for development as public or semi-public spaces uses, the plan shall show the area and intended use and proposed owner, but need not show the specific location of the structure. The plan shall also contain a summary of how ownership of the area is to be transferred and evidence of acceptance by the intended occupant.
      4. For portions of the project area intended to be used as parks, trails or other open space use, the plan shall show the area to be included, the intended use, the method for development (where required) and the intended owner, and the proposal for conveyance (if intended to be owned by the city or other entity).
   7. Open space to be preserved.
      1. All common open space area shall be maintained so that its use and enjoyment as open space are not diminished or destroyed. To ensure that all designated open space area will remain as open space, the applicants/owners shall provide for the preservation of the area as open space through one or a combination of the following:
         1. Dedicate or otherwise convey title to the open space area to the city for open space purposes; or
         2. Convey ownership of the open space area to the property owners association established as part of the approval of the project, where applicable; or
         3. Convey ownership of the open space area to a third-party open space preservation agency.
      2. In the event alternative (2) or (3) is used, the developer shall also execute an open space conservation easement in favor of the city over all common open space area of the project, in accordance with the provisions of the Land Conservation Easement Act (UCA 57-18-1 et seq.). The effect of such easement shall be to prohibit any excavating, making additional roadways, installing additional utilities, constructing any dwellings or other structures, or conducting or allowing the conduct of any activity which would alter the character of the open space area from that initially approved, without the prior approval of the city.
      3. The appropriate method for ensuring preservation shall be as determined by the city at the time of development approval.
   8. Building design.
      1. The city may require the submission of typical or specific building plans and elevations for structures proposed within the project.
      2. Standards (single-family residential). For buildings located on lots less than ten thousand square feet, or any attached single family houses:
         1. Garage frontage shall not occupy more than forty percent of the total building frontage facing street; notwithstanding, however, garage frontage may occupy an area greater than forty percent of the total building frontage facing the street if one or more of the following criteria are met: (1) garage is set back at least five feet from the building front/building face, (2) garage faces inward, toward a common shared driveway, (3) garage faces an alley entrance, or (4) building front setbacks are staggered a minimum of five feet from each adjacent building.
         2. Diverse model types. At least four different models shall be provided.
         3. All walls facing a street other than an alley must contain at least twenty-five percent of the wall space in windows or doors.
         4. Primary entries shall face the public street, a common open space, or the sidewalk.
      3. Standards (multi-family residential). The same exterior design may not be used for more than sixty percent of the units in a project, except if the project consists of a single structure of more than thirty units. A variety of compatible exterior materials, building styles, massing, composition, and prominent architectural features, such as door and window openings, porches, and roof lines should be used.
      4. Standards (commercial or mixed-use).
         1. Building materials. A variety of compatible exterior materials, colors and design shall be used.
         2. Reflectivity.
            1. Fronts and street sides of buildings visible from the public right of way shall be nonreflective.
            2. Secondary building materials may include copper, brass, and wrought iron in their natural state and exposed metal painted, stained or anodized.
            3. Use of glass for displays and to allow visual access to interior space is permitted. Large expanses of undivided glass surfaces are discouraged.
            4. Metal roofs are permitted provided they do not produce glare.
         3. Pedestrian interface. At least fifty percent of any wall area that faces and is within thirty feet of the main street, plaza or other public open space shall contain display areas, windows, or doorways. Windows must allow views into working areas or lobbies, pedestrian entrances or display areas. Walls facing side streets must contain at least twenty-five percent of the wall space in windows, display areas, or doors. Blank walls ( i.e., walls without any doors or windows) within thirty feet of the street are prohibited.
   9. Landscaping standards and tree canopy requirements, as outlined in the land use element of the general plan.
      1. Subject to the provisions/requirements of subsection b. hereof, healthy trees greater than six-inch caliper shall be incorporated into the required landscaping of the site-except (1) in the case of parks designed for active rather than passive uses, and/or (2) where said trees are listed by the state or city as noxious, hazardous, or deleterious, and should be removed.
      2. Applicants/owners shall submit a detailed evaluation of all trees on the site of the project by a certified arborist, together with said arborist's recommendation as to which trees should be retained and which need to be removed in the interest of safety. Such plan shall be reviewed by the city and, if approved, shall become binding upon the development.
   10. Streetscape requirements apply to multi-family and large commercial or mixed-use units.
       1. One street tree chosen from the street tree list shall be placed for each 30 feet of property frontage on the street.
       2. Hard scape shall be utilized to designate "people" areas.
       3. Outdoor storage areas shall be screened from view from adjacent public rights-of-way.
       4. Loading facilities shall be screened and buffered when adjacent to residentially zoned land and public streets.
   11. Common facilities. Where the proposed open space includes developed or usable space or facilities ( e.g., tennis courts, pavilions, and swimming pools) intended for the use by project residents, the organizational documents shall include provisions for the assessment of adequate performance guarantees required to secure the construction of required improvements—including the costs of installation of all landscaping and common amenities; and the preparation of a maintenance fee schedule, to be incorporated into the organizational documents, establishing the reasonable costs for maintenance of common facilities.
   12. General provisions applicable. In addition to the specific standards set forth herein, all planned community projects shall conform to the general requirements for large scale developments as set forth in Sections 17.7.100 through 17.7.400 of this code.
7. Improvement requirements. Each proposed project shall contain the following public and/or essential common improvements. Construction of all public and essential common improvements shall be the responsibility of the project developer and shall be constructed in accordance with city standards (where such standards are adopted) or as specified on the approved plans (where no city standard has been adopted), all as directed by the city engineer. Performance guarantees to ensure the construction of all such improvements shall be provided in accordance with city requirements for planned unit developments.
   1. Public streets and private travelways which shall be hard-surfaced.
   2. Curbs, gutters and pedestrian walkways/trails.
   3. Drainage and flood control structures and facilities.
   4. On-site and off-site water mains (culinary and pressurized irrigation) and appurtenant facilities.
   5. On-site and off-site sewer mains and appurtenant facilities.
   6. Storm water collection and disposal facilities.
   7. Permanent survey monuments.
   8. Gas, electric, telephone and conduits for cable TV/fiber optic network (which shall be placed underground).
   9. Landscaping and any common structure or facility proposed for the development as shown on the final plans.
   10. RV storage area (if any).
   11. Street lighting.
8. Project documents. The following documents shall be prepared and submitted by the developer for each project.
   1. Article of incorporation for property owner's association (as applicable).
   2. Association by-laws (as applicable).
   3. Covenants, conditions, restrictions and management policies (CC&Rs).
   4. Open space preservation easement (as applicable).
   5. Documents conveying water rights to the city (as applicable).
   6. Engineer's estimate of probable cost for all public and essential common improvements.
   7. Development agreement between the developer, city, and bond provider.
   8. Evidence of conveyance of water rights.
9. Project phasing. Where a project is proposed to be constructed in multiple phases, each phase shall conform to the following:
   1. The proposed phase shall consist of one or more of the phases shown on the development project phasing plan (subsection D.1.c.).
   2. Each phase shall include a combination of the land use categories proposed for inclusion in the project and shall provide for a balanced development scenario for each phase.
   3. Each phase shall constitute a self-contained design sub-element of the project and not be dependant on improvements proposed in future phases (i.e., open space area, adequate roads, and access to utilities).
   4. Title to all portions of the project intended for conveyance to the public for street, trail, open space or other public purpose, and all off-site areas containing streets and/or utilities essential to the development of the project, shall be conveyed to the city or the applicable entity at the time of approval of the first phase of such project.
   5. All portions of the project area intended to be a part of the essential common facilities or amenities of the project shall be identified and preserved for the intended purpose. The nature of the documentation used to ensure preservation shall be as determined by the city at the time of final approval of the first phase. Where the proposed common amenity consists of open space, the owner shall execute an open space conservation easement in favor of the city over all common open space area of the project, in accordance with the provisions of the Land Conservation Easement Act (UCA 57-18-1 et seq.). The effect of such easement shall be to prohibit any excavating, making additional roadways, installing additional utilities, constructing any dwellings or other structures, or conducting or allowing the conduct of any activity which would alter the character of the open space area from that initially approved, without the prior approval of the city.
   6. A performance guarantee covering the estimated cost of construction, for all public improvements and all essential common improvements for the entire project area (i.e., all phases of the proposed project), shall be posted at the time of final approval of the first phase of the project.

(Ord. No. 2012-02-05, pt. I(§§ 1, 2, 4), 2-28-2012; Ord. No. 2014-06-23, §§ 1, 2, 6-24-2014; Ord. No. 2017-10-59, pt. I, § 2, 10-24-2017)

1. Intent. The intent of these regulations is to establish guidelines dealing specifically with design, construction, and operation of mobile home parks. These provisions shall be supplemental and in addition to the general requirements for large scale developments.
2. Permitted uses. Permitted uses within a mobile home park shall be limited to the following:
   1. Mobile homes which comply with the provisions set forth in (1) the publication entitled, standards for mobile homes as adopted by the State of Utah, and (2) the resolution entitled development standards and specifications of American Fork, Utah.
   2. Modular housing units.
   3. Accessory uses, including swimming pools, carports, storage buildings for personal and household items, convenience establishments, child care centers, club houses, recreation buildings, and private golf courses.
3. Area and density. Mobile home parks shall be permitted in zones and shall have a minimum area and maximum density as follows:
   
   

   Zone	Min. Area in Development (in Acres)	Max. No. of Dwelling Units Per Acre
   R-3-7500	5	6
   R-4-7500	2	6

4. Approval procedure. The procedure leading to approval of a mobile home park shall be the same as set forth in Section 17.7.200 except that no information brochure, final plat, documents or statements shall be required.
5. Required improvements. The following improvements shall be constructed by the developer in each mobile home park, in accordance with American Fork City standards as directed by the city engineer.
   1. Streets, driveways, and parking areas which shall be graded, and hard-surfaced (asphalt or concrete).
   2. Curbs, gutters, and walkways.
   3. Drainage and flood control structures and facilities.
   4. On-site water and sewer mains; subject to the provision of Section 17.10.300 of this code.
   5. Off-site water and sewer mains; subject to the provision of Section 17.10.400 of this code.
   6. Fire hydrants.
   7. Permanent survey monuments.
   8. Gas, electric and telephone lines (which shall be placed underground).
   9. Landscaping.
   10. Sprinkling or other suitable irrigation.
   11. Fences, walls and all other common areas, facilities, systems, and structures proposed for the development as shown on the final plans.
   12. Common storage area.
   13. Street lighting
   14. All facilities required under the provisions of the Code of Camp, Trailer Court, Hotel, Motel, and Resort Sanitation Regulations as adopted by the Utah State Board of Health which Code is hereby adopted by reference and made part of this title as it fully set forth herein.
6. Required documents. Documents conveying water rights to the city.
7. Special provisions.
   1. The planning commission shall review the plan to determine compliance with any portion of the comprehensive plan that shall have been adopted by the planning commission. In considering approval of the development, the planning commission shall, among other things, make sure that such development will constitute a living environment of sustained desirability and stability and that all unoccupied as well as occupied lots will be landscaped and will be maintained in a condition which is commensurate with the condition of the landscaping in public parks.
   2. Prerequisite to the operation of any mobile home park shall be the obtaining of an annual license which shall be issued only after inspection by the health department. It shall be unlawful to operate a mobile home park without first obtaining a license and said license shall be refused or revoked upon failure of the owner and/or operator to maintain the park in accordance with the standards and requirements as herein set forth.
   3. Each space within a mobile home park shall be used for only one mobile home at the same time and shall not be used as a transient mobile site. No lot or space shall be rented or leased for a period of less than thirty days.
   4. Water rights shall be tendered to the city as set forth in Section 17.1.400 of this code.

(Ord. No. 5-13-80; Ord. No. 2018-05-27, Pt. I(§ 2), 6-26-2018)

Editor's note—Ord. No. 2011-03-04, § 5, adopted March 8, 2011, repealed § 17.7.509 which pertained to inner-block residential projects.

1. Intent. The intent of these provisions shall be:
   1. To facilitate the development of the below enumerated general commercial and related activities situated in an harmonious, integrated, safe, spacious and aesthetically pleasing environment.
   2. To establish guidelines pertaining to the design, approval, construction and maintenance of such projects.
2. Allowed uses. Each planned commercial development project may include one or a combination of the following:
   1. General retail stores and shops providing goods and services for sale to the public in the customary manner. Also manufacturing and processing activities which are an integral part of and incidental to a permitted retail establishment. Provided, however, that the following activities shall be specifically excluded.
      1. Sexually oriented businesses.
      2. Body art establishments.
   2. Office buildings, but not including office/warehouse structures.
   3. Sales establishments for automobile, light truck, boat and recreation vehicle, with or without outside display lots, but not including the display or sale of construction and earth moving and processing equipment. Also, appurtenant structures utilized for servicing or repair of the products sold, when included as an integral part of the sales activity.
   4. Retail and service commercial structures, but not including office/warehouse structures.
   5. Hotels and motels.
   6. Eating establishments including food drive-ins.
   7. Laundries and dry cleaning establishments - self-help and commercial.
   8. Motor fuel dispensing stations (gas stations)- retail only.
   9. Movie theaters, bowling alleys, recreation centers, health/fitness establishments, dance studios and buildings occupied by uses determined by the city council to be similar to uses specifically allowed in the zone and which will harmonize with the intent of the GC-2 general commercial zone.
   10. Free-standing project identification signs, in accordance with the applicable provisions of Section 17.5.128.
   11. Accessory signs in accordance with the applicable provisions of Section 17.5.128.
   12. Ancillary commercial structures when so provided for on the site plan and/or when approved in accordance with the provisions of Section 17.6.105.
   13. Pre-schools and day care nurseries, subject to approval of a site plan.
   14. Low power radio service antenna facilities, subject to the provisions of Section 17.6.112 of this code.
   15. Specialty schools, subject to the approval of a site plan in accordance with the provisions of Section 17.6.101.
   16. Check cashing and similar businesses subject to the provisions of Section 17.6.114 of this code and Chapter 5.30 of the city code.
   17. Medical office or clinic.
       
3. Project area requirements. Each planned commercial development project shall include the entire lot of record and shall contain sufficient area to accommodate the building(s), vehicular access, off-street parking, landscaping and other required elements of the use.
4. Approval procedure. The procedure for approval shall be the same as set forth in Section 17.7.200 of this code.
5. Required improvements. The following improvements shall be constructed by the developer in each planned commercial development project in accordance with American Fork City standards as directed by the city engineer.
   1. Streets, driveways, and parking areas which shall be graded, and surfaced with asphalt or concrete.
   2. Curbs, gutters, and walkways.
   3. Surface water drainage and flood control structures and facilities.
   4. On-site culinary and secondary water mains and sewer mains.
   5. Off-site culinary and secondary water mains and sewer mains.
   6. Fire hydrants.
   7. Permanent survey monuments.
   8. Gas, electric and telephone lines (which shall be placed underground).
   9. Landscaping in the defined landscape areas.
   10. Sprinkling or other suitable irrigation systems.
   11. Fences, walls, and all other common areas, facilities, systems and structures proposed for the development as shown on the final plans.
   12. Street lighting (public and private).
   13. Trash enclosures. Developers may install other improvements, however, the construction of other improvements shall not be required as a condition of approval.
6. Design requirements.
   1. The layout and design of each project shall provide for safe and convenient access and circulation within the project area and between contiguous projects.
   2. There shall be no minimum size lot area requirement, except that each lot shall contain enough area to adequately accommodate the building, parking, traffic circulation and landscaping requirements.
   3. Adequate off-street parking shall be provided for each building and use. The number of parking spaces, the size and dimension of parking spaces, the location of the parking spaces, the size and design of travelways serving the parking spaces and other details concerning off-street parking shall, be in accordance with the adopted parking standards for the city.
   4. Off-street parking areas shall be used only to accommodate patrons and employees at the site. Use of the parking area for storage of tractor-trailer trucks or container storage units (such as conex containers) used in the conduct of the business activity shall be prohibited. However, the plan may provide areas for the temporary outside display of products offered for sale.
   5. Where the project area abuts upon the right-of-way of a freeway or arterial class street, or the frontrunner tracks, the design shall, to the maximum extent possible, provide that all truck docking facilities shall be shielded or screened from view from the freeway or arterial street.
   6. Not less than ten percent of each project area shall be devoted to landscaping. Each application for a project or building within a project shall include a landscape plan and said plans shall conform to the requirements of Section 17.5.121.
   7. No portion of the site shall be used for outside fabrication of product created by the use or for the storage of materials or equipment used in the conduct of the business activity.
   8. Where a project contains more than one building, each separately owned unit within each building shall be served by individual water and sewer service lines. Provided, where several units within a building project are to remain in single ownership the city may authorize the use of a single connection therefor (common utilities), subject to the providing of adequate assurances of continued unified ownership of the building and a document, acceptable to the city, indemnifying the city against damages which may occur to tenants within the building as a result of a malfunction of the common utility system.
   9. The plan shall provide for disposal of storm water in accordance with terms of city standards and policies applicable to the site.
   10. Where a project anticipates development in phases, all portions not intended for immediate development shall be maintained free of weeds or landscaped as set forth on the site plan pending completion of each development phase.
7. Required documents. In the event that the development has two or more owners or where an existing development is being divided into two or more ownerships, required documents shall include:
   1. Articles of incorporation for property owners' association.
   2. Corporation by-laws.
   3. Covenants, conditions, restrictions and management policies.
   4. Management agreement.

(Ord. No. 2010-03-12)

1. Intent. The intent of this section is to:
   1. Promote the convenience of residents living beyond walking distance from the Central Business District in obtaining a variety of goods and services.
   2. Establish guidelines dealing specifically with the design, construction, and operation of shopping centers.
2. Permitted uses. Uses within the zone shall be limited to:
   1. Retail and service outlets including customary food stores, supermarkets, drug and variety stores, cosmetic, clothing, fabric and shoe stores, stationary and office supply stores, confectionery and ice cream stores, hardware, garden and home supply stores, clinics, medical and dental and other professional offices, barber, beauty and hair style shops, banks and loaning agencies, radio, television and electronic equipment sales and service establishments, service stations, laundry pickup and similar retail and service establishments.
   2. Driveways, off-street parking facilities, walks, utility systems, landscaped areas.
   3. Signs and advertizing structures which conform with either:
      1. The provisions of Section 17.5.128 of the development code relating to signs; or
      2. The terms of an overall signage plan, where such plan is included as an element of an approved project plan.
   4. Reserved.
   5. Low power radio service antenna facilities, subject to the provisions of Section 17.6.112 of this code.
   6. Specialty schools, subject to the approval of a site plan in accordance with the provisions of Section 17.6.101.
   7. Residential dwelling units, when included as an integral part of the design of the project.
      Where a project includes a residential use, the residential component shall not exceed thirty percent of the total floor area of buildings within the project area and three and one-half dwelling units per acre of land within the project area. Any project that includes residential uses shall adhere to the city's "off-street parking standards". For multi-family residential units, not less than one of the required parking spaces, per unit, shall be covered and designated for the exclusive use of that specific unit.
   8. Check cashing and similar businesses subject to the provisions of Section 17.6.114 of this code and Chapter 5.30 of the city code.
3. Area and density and parking.
   1. Minimum area. Each planned shopping center shall contain a project area of not less than six acres of land. At least ten percent of the project area shall be landscaped, part of which shall include a landscaped strip of land at least ten feet wide around the outside perimeter of the site except for driveways.
   2. Off-street parking. Each planned shopping center shall include sufficient off-street parking to meet the anticipated demand for all uses within the project area, but not less than five spaces per one thousand square feet of building floor space used for commercial and office uses and two spaces per dwelling unit. Where the project plan proposes that off-street parking is to be provided as a common project amenity (not for the exclusive use of a specific tenant or lot owner), the city may approve shared parking arrangements.
4. Approval procedure. The procedure leading to approval shall be the same as set forth in Section 17.7.200 of this code.
5. Required improvements. Same as for planned unit developments except that a common storage area shall not be required. However, the location and outside dimensions of buildings and the general nature of the commodities to be sold therein or the services to be rendered therein, shall be shown on the final plans.
6. Required documents.
   1. Where the development is to be retained in one ownership, required documents shall include:
      1. Covenants, conditions, restrictions and management policies.
      2. Management agreement.
   2. Where the development has two or more owners or where an existing development is being divided into two or more ownerships, required documents shall include:
      1. Articles of incorporation for property owners' association.
      2. Corporation by-laws.
      3. Covenants, conditions, restrictions and management policies.
      4. Management agreement.
7. Special provisions. In view of the fact that shopping centers will be surrounded by residential uses, it shall be incumbent upon developers, lessors, and operators to construct amenities within the area covered by the development commensurate with the general conditions of the surrounding area.

(Ord. No. 07-05-17; Ord. No. 07-10-52; Ord. No. 08-01-05; Ord. No. 2014-11-41, § 1, 11-11-2014)

1. Intent. The intent of these regulations is to establish guidelines and standards for the design, construction and operation of larger office complexes and combined office/housing projects. These requirements shall be supplemental and in addition to the general requirements for large scale developments.
2. Permitted uses. Permitted uses within a combined office and housing project shall be limited to the following:
   1. Office buildings and related structures and areas.
   2. Two-, three-, and multiple-family dwellings, provided:
      1. No structure will contain more than twelve dwelling units.
      2. The total residential floor space shall not exceed fifty percent of the total floor space in the project.
   3. Accessory uses, including swimming pools, storage buildings, driveways, parking areas, fences and walls, common storage areas and facilities, landscape features and garages.
3. Area and density.
   1. The minimum area of a project which contains only office facilities shall be twenty thousand square feet.
   2. The minimum area of a project which includes both office and housing uses shall be four acres.
4. Approval procedure. The procedure leading to approval of a combined office and housing project shall be the same as set forth in Section 17.7.200 except that no information brochure, final plat, documents, or statements shall be required where the project will remain in one ownership.
5. Improvement and documentation requirements. Same as required for planned unit developments.

(Ord. No. 8-12-80)

1. Intent. The intent of this section shall be:
   1. To promote the development of attractive and nuisance-free industrial buildings.
   2. To promote industry and the economic well-being of the inhabitants.
   3. To establish guidelines pertaining to the design, construction, and maintenance of industrial buildings in attractive landscaped surroundings.
2. Allowed uses.
   1. Planned industrial park projects in PI-1 zone areas without a limited access overlay designation (PI-1).
      1. Office buildings.
      2. Research and light manufacturing buildings, provided that all research and manufacturing activity shall be conducted within the buildings. The outside storage of materials or equipment used in the conduct of the business activity shall not be permitted, except that on-site storage of fleet vehicles shall be permitted, provided that said vehicles are limited to automobiles and light trucks and the number of vehicles shall be used in the conduct of the business and limited to the number of on-site employees.
      3. The incidental sale to the public of products manufactured on site, but not including sexually oriented businesses or products.
      4. Office/warehouse establishments.
      5. Other uses determined by the city council to be similar to uses specifically permitted in the zone and which will harmonize with the intent of the PI-1 industrial zone.
      6. Free-standing project identification signs, in accordance with the applicable provisions of Section 17.5.128.
      7. Low power radio service antenna facilities, subject to the provisions of Section 17.6.112 of this code.
   2. Planned industrial park projects in PI-1 zone areas with a limited access overlay designation (PI-1(O)).
      1. Self service storage facilities (mini-warehouses)
         
3. Conditional Uses
   
   1. Office/warehouse establishments, including the open air, outdoor storage of materials or equipment used in connection with the conduct or operation of the primary business activity located in an approved office/warehouse development within the existing boundary of the site plan which shall comply with the following:
      
      1. Any such outdoor storage must be enclosed by visually obstructive and/or non-transparent fencing approved by the City Council upon recommendation from the Planning Commission. Such fencing may be topped with appropriate security wire or apparatuses to deter theft. No advertisements shall be incorporated into the fencing, or the fencing material. A maintenance agreement for the fencing and materials stored shall be required.
         
      2. Storage areas must have attractive, water-conscious landscaping along any portion of the area fronting a public right of way;
         
      3. The height of any stored materials or items shall not exceed the height of the fence which shall be a maximum of 8 ft. tall;
         
      4. Any lighting for the outdoor storage area, for security or operational purposes, may only be approved upon the submission of a lighting plan, (maximum allowable height 20 feet) outlining how any light produced from such fixtures does not spill upwards, or outside of the boundary of the fenced area to prevent unnecessary light pollution to adjacent uses or properties;
         
      5. Outdoor storage shall not be located within 150 feet of a residential lot; and
         
      6. Outdoor storage shall not interfere with the required parking for the office/warehouse establishment. Additionally, required parking shall not be reduced to accommodate outdoor storage.
         
4. Project area requirements. Each planned industrial project shall include the entire lot of record and shall contain sufficient area to accommodate the building(s), vehicular access, off-street parking, landscaping and other required elements of the use.
5. Approval procedure. The procedure for approval shall be the same as set forth in Section 17.7.200 of this code.
6. Required improvements. The following improvements shall be constructed by the developer in each planned industrial project in accordance with American Fork City standards as directed by the city engineer.
   1. Streets, driveways, and parking areas shall be graded, and surfaced with asphalt or concrete in accordance with city standards.
   2. Curbs, gutters, and walkways.
   3. Surface water drainage and flood control structures and facilities.
   4. On-site culinary and secondary water mains and sewer mains.
   5. Off-site culinary and secondary water mains and sewer mains.
   6. Fire hydrants.
   7. Permanent survey monuments.
   8. Gas, electric and telephone lines (which shall be placed underground).
   9. Landscaping in the defined landscape areas.
   10. Sprinkling or other suitable irrigation systems.
   11. Fences, walls, and all other common areas, facilities, systems and structures proposed for the development as shown on the final plans.
   12. Street lighting (public and private).
   13. Trash enclosures. Developers may install other improvements, however, the construction of other improvements shall not be required as a condition of approval.
7. Design requirements.
   1. The layout and design of each project shall provide for safe and convenient access and circulation within the project area and between contiguous projects.
   2. There shall be no minimum size lot area requirement, except that each lot shall contain enough area to adequately accommodate the building, parking, traffic, circulation and landscaping requirements.
   3. Adequate off-street parking shall be provided for each building and use. The number of parking spaces, the size and dimension of parking spaces, the location of the parking spaces, the size and design of travelways serving the parking spaces and other details concerning off-street parking, shall be in accordance with the adopted parking standards for the city.
   4. Off-street parking areas shall be used only to accommodate patrons and employees at the site. Use of the parking area for storage of tractor-trailer trucks or container storage units (such as conex containers) used in the conduct of the business activity shall be prohibited.
   5. Not less than ten percent of each project area shall be devoted to landscaping. Each application for a project or building within a project shall include a landscape plan and said plans shall conform to the requirements of Section 17.5.121.
   6. No portion of the site shall be used for outside fabrication of product created by the use or for the storage of materials or equipment used in the conduct of the business activity.
   7. Where the project area abuts upon the right-of-way of a freeway or arterial class street, or the frontrunner tracks, the design shall, to the maximum extent possible, provide that all truck docking facilities shall be shielded or screened from view from the freeway or arterial street.
   8. Each separately owned unit within each building shall be served by individual water and sewer service lines.
   9. The plan shall provide for disposal of storm water in accordance with terms of city standards and policies applicable to the site.
   10. Where a project anticipates development in phases, all portions not intended for immediate development shall be maintained free of weeds or landscaped as set forth on the site plan pending completion of each development phase.
8. Required documents. In the event the development has two or more owners or where an existing development is being divided into two or more ownerships, required documents shall include:
   1. Articles of incorporation for property owners' association.
   2. Corporation by-laws.
   3. Covenants, conditions, restrictions and management policies.
   4. Management agreement.

(Ord. No. 2010-03-12; Ord. No. 2010-12-25, § 3, 12-14-2010)

1. Intent. The intent of this section is to facilitate the preservation of structures of historic significance within the city. As a means of providing economic incentives for the preservation of the community's historic structures, the provisions of this section allow the placement and operation of certain commercial and residential activities within historic structures and the construction of appurtenant structures and facilities determined to be essential to the preservation of the historic structure, which may be at variance with the provisions of the underlying zone, but under controlled conditions which are not inimical to the quality of the residential environment in the territory surrounding the project area.
2. Qualification of structure. The provisions of this section shall be applicable to structures, and their attendant site area which have been:
   1. Previously placed upon the state or national register of historic sites or buildings; or
   2. Previously placed upon the Historic Sites List or Historic Landmarks Register in accordance with the applicable provisions or Ordinance 91-08-09 (ordinance authorizing historic sites list and historic landmarks register); or
   3. Previously designated by resolution of the city council as a structure of local historical significance.
3. Permitted uses.
   1. Any use within the zone district in which the project is located, subject to the limitations thereto hereinafter set forth.
   2. Offices of professional persons.
   3. Art galleries - structures used for the display and incidental sale of paintings and similar art objects.
   4. Reception centers - structures for the conducting of wedding receptions and similar gatherings. Catering/food service is permitted in up to 25% of the total area of the building classified as a reception center use.
   5. Restaurants - not including drive-in service.
   6. The enlargement or modification of residential structures for the purpose of:
      1. Increasing the number of dwelling units within the structure; or
      2. Converting the structure to short term sleeping accommodations for the public (bed and breakfast establishment).
   7. Craft shops, provided that the character of the activity will be conducted in a manner consistent with the objectives underlying zone.
   8. Mixed use structures - a structure containing one or more dwelling units and one or more of the other uses authorized under this section.
   9. The incidental sale of gifts, confectionery, books, souvenirs and similar items as part of a use permitted under this section.
   10. Pre-schools and child care nurseries, subject to the following:
       1. The applicant shall provide evidence of approval of the facility for the intended purpose by the state or that the facility would meet the state guidelines for physical facilities for the number of occupants proposed, where state approval is not required. The city may also require inspection and approval of local fire and health authorities.
       2. The proposed facility shall include an outdoor play area which conforms to state guidelines for such a facility.
       3. The maximum number of students shall be one for each thirty-five square feet of floor space devoted to preschool and child-care purposes.
       4. There shall be adequate access and off-street parking.
       5. The facility shall be registered with the business license division of the city and an annual business license secured.
       6. Signs shall be limited to one facility identification sign. When located in a residential zone the sign shall not exceed twenty-four square feet in area.
       7. The structure shall contain adequate rest room and kitchen facilities.
       8. The application shall contain a site plan, prepared in substantial compliance with the provisions of Section 17.6.101. The plan shall show both the entire property and a floor plan of the structure and shall identify those portions proposed to be used for child-care purposes.
   11. Other uses and structures determined by the planning commission to be similar in character to those identified in this section, subject to such conditions as may be attached to ensure that the conduct of the use will be in harmony with the intent of the historic building conservation projects and the underlying zone district.
4. Detailed development plan required.
   1. A detailed development plan showing the entire site area proposed to be included in the project shall be submitted with the preliminary application. The plan shall show the historic structure, all other existing and proposed buildings and structures, all off-street parking areas, all significant landscaping elements, and any other existing or proposed feature. The content and detail of the plans shall be as set forth in Section 17.6.101.
   2. The city may require a floor plan for the historic structure and any additions or new structures. The plan shall indicate the intended purpose for each room or area.
   3. In the event that the proposed plan provides for the construction of additions to a historic structure or the construction of any new buildings the plans, exterior elevations for any such new construction shall be reviewed and approved by the city for conformance with the site plan and compatibility with the general historical and architectural character of the project.
5. Approval procedure. The procedure to be followed shall be as set forth in Section 17.7.200 of this title.
6. Required improvements. The following site and building improvements shall be constructed as directed by the city engineer or building inspector, as applicable:
   1. All required streets, curbs, gutter, sidewalk, driveways and off street parking areas shall be graded and hard-surfaced (asphalt or concrete). Nor portion of the front setback area shall be devoted to off street parking.
   2. Landscaping and landscape structures.
   3. Such modifications to the historic structure as are required for compliance with the provisions the building, mechanical, plumbing, electrical, fire and similar codes.
   4. Other site improvements as set forth on the approved site plan.
7. Improvements to be compatible with historic character—Review criteria. All additions to an existing structure, all new buildings and structures, and all site facilities (parking areas, landscape features) shall be compatible with the character of the historic structure. Where a structure has been placed on the state or national register of historic sites, approval for additions shall not be given by the city until plans for the proposed addition shall have been reviewed and approved by the agency which has designated the structure to be of historic significance. In evaluating the proposed additions, amendments or new construction the planning commission and city council shall consider the following:
   1. The effect of the proposed changes on the general historic and/or architectural character of the structure or area.
   2. The architectural style, arrangement, texture, and materials used on existing and proposed structures and their relation to other structures within the project area and immediate vicinity of the project.
   3. The effect of the proposed additions and amendments in creating, changing, destroying or affecting otherwise the exterior architectural features of the structure upon which such work is proposed.
   4. The effects of the proposed work upon the protection, enhancement, perpetuation, and use of the structure or area.
   5. The use to which the structure will be put.
   6. The condition of existing structures and improvements and whether or not they are a hazard to public health or safety.
   7. The compatibility of the proposed structures and uses with the development in the vicinity surrounding the proposed project area.
8. Special provisions.
   1. Subsequent amendments. The development plan shall indicate the intended use of all portions of the structure. Any subsequent change which will increase the amount of space used for commercial activities or which will require an increase in the number of off-street parking spaces shall require an amendment to the development plan.
   2. Project identification signs. Project identification signs shall be limited to one identification sign per street frontage, the location and design of which shall be approved as part of the development plan.

(Ord. No. 94-12-52; Ord. No. 03-10-32; Ord. No. 2018-05-27, Pt. I(§ 3), 6-26-2018)

1. Declaration of intent. The intent of Section 17.7.702 is to establish guidelines dealing specifically with design, construction and operation of proposed new condominium projects. These provisions shall be supplemental and in addition to the general requirements for large scale developments contained under Section 17.7.200 of this code, and also the requirements of Chapter 57-8 of the Utah Code Annotated, 1953, as amended.
2. Permitted uses. Uses permitted within a condominium project shall be limited to those uses specifically permitted within the zone which underlies the area of the project.
3. Location and design requirements. Where the proposed condominium project consists of a use or structure which is authorized as a use by right within the zone, said use or structure shall comply to all applicable requirements of the underlying zone. Where the proposed condominium project is to be developed under the provisions relating to a planned unit development, planned shopping center, planned industrial park, mobile home park, combined office and housing project or similar project, all uses or structures shall comply with the plans as approved by the city.
4. Approval procedure. The procedure leading to approval of a condominium project - new construction, shall be the same as set forth in Section 17.7.200 Where such condominium project is being developed as a planned unit development, planned industrial park, planned shopping center, mobile home park, combined housing and office project or similar planned development, the procedures for approval of said planned development and the approval of said development as a condominium project may be combined.
5. Required documents. The following documents shall be prepared and submitted by the developer for each condominium project:
   1. Articles of incorporation.
   2. Corporation by-laws.
   3. Declaration of covenants, conditions, restrictions and management policies/declaration of condominium.
   4. Management agreement.
   5. Open space easement.
   6. Sales brochure.
   7. Documents tendering water rights to city.
   8. Record of survey map/final subdivision plat (when applicable).
      Where, in the opinion of the city council, a particular document as required under this section is inapplicable for the particular condominium project proposed, the city may waive the requirement for submitted said document.
6. Special provisions. It shall be unlawful to record any record of survey map or declaration of a condominium project in the office of the county recorder, unless the same shall bear thereon final approval of the planning commission and the city council as required by the terms of this code, and any record of survey map or declaration so recorded without such approval shall be null and void. Any owner, or agent of any owner, of land or units located within a purported condominium project, who transfers or sells any land, structure, or condominium unit in such purported condominium project, who transfers or sells any land, structure, or condominium unit in such purported condominium project, before obtaining final approval by the planning commission and city council on the record of survey map or declaration, and recording the same in the office of the county recorder, shall be guilty of a misdemeanor for each lot, parcel of land, structure or condominium unit so transferred or sold.
   

1. Intent. The intent of this section is to establish guidelines and minimum requirements relating to the conversion of existing structures to condominium ownership and the maintenance and operation of such projects. These provisions shall be supplemental and in addition to the general requirements for large scale developments contained under Section 17.7.200 of this code, and also other requirements of Chapter 57-8 of the Utah Code Annotated, 1953, as amended.
2. Permitted uses. Uses permitted within a condominium project shall be limited to those uses specifically permitted within the zone which underlies the area of the project and shall be subject to all conditions and restrictions required within the zone for the use.
3. Layout and improvement. Each proposed condominium conversion project shall conform to the following minimum standards:
   1. Residential conversion projects.
      1. Off-street parking. Not less than two off-street parking spaces shall be provided for each dwelling unit, and at least one of the required spaces shall be covered. All driveways and off-street parking areas shall be hard-surfaced.
      2. Common vehicle storage area. Common storage area in an amount of not less than one hundred square feet per dwelling unit shall be provided for the storage of recreation vehicles, boats, and similar items. Common storage areas shall be enclosed in a sight-obscuring fence or wall.
      3. Private open space. Each unit within the project shall have an appurtenant private patio, deck, balcony, atrium, or solarium with a minimum area of one hundred thirty square feet. Such space shall be designed for the sole enjoyment of the unit owner, and shall have a shape and size that would allow for optimal usable space. Such space shall be reasonably accessible from a room within the unit. Variations from the above dimensional standards may be allowed by the city council following the recommendations of the planning commission, where it can be shown that the required private open shape meets the intent and purpose of this paragraph.
      4. Common open space. An area containing not less than ten percent of the total area of the project shall be set aside as common open space for the use and enjoyment of the residents. Said area shall be landscaped in accordance with city standards. The location and design shall be such that the area is easily accessible to all residents. Land used for parking, driveways, vehicle storage and similar uses, and the areas required to meet the front setback or the are devoted to peripheral planting, shall not be included in meeting this requirement.
      5. Storage space for each unit. In addition to guest, linen, food pantry and clothes closets customarily provided, each unit within the project shall have at least one hundred twenty-five cubic feet of enclosed waterproofed and lockable private storage space. Such space shall be for the sole use of the unit owner. Variations from the above requirement may be waived by the city council following the recommendation of the planning commission and upon a finding that the structure contains adequate alternative storage space.
   2. Commercial and industrial conversion projects. Each project shall conform to the minimum city standards with regard to locations, parking, landscaping, access and similar issues which existed at the time the structure was established.
4. Structural quality—Fire separation—Variances.
   1. All structures proposed for conversion shall conform to all applicable provisions of the Uniform Building Code in effect at the time of application.
   2. Regardless of any other provision to the contrary, each separate unit within a multi-unit structure shall be separated from each adjacent unit by walls and/or ceilings having a fire rating of two hours or more.
   3. Variances to the building code or fire separation standards, as required above, may be granted by the city council as a condition of approval of the conversion project, following the prior recommendation of the planning commission and upon the finding that said requirements are impractical because of unique circumstances associated with the structure, and the gravity of said variance will not result in the creation or perpetuation of a health or safety problem or a reduction in structural quality which is significantly less than would be achieved by full compliance with said requirements. In making its recommendation to the city council on any such request for variance, the planning commission shall give due consideration to the recommendations of the building inspector, city engineer, fire department or other affected agency.
5. Utility and facility requirements.
   1. All units shall be separately metered for water, gas, electricity, and sewer, unless the covenants, conditions and restrictions provide for the association to pay the costs of services.
   2. Each unit shall be provided with readily accessible individual shut-off valves.
   3. All storage and solid waste receptacles outside of units must be housed in a closed structure compatible with the design of the development.
6. Approval procedure. The procedure to be followed shall be the same as set forth in Section 17.7.200, except that where the conversion project consists entirely of one- and two-family dwellings, located on conforming lots of record, a public hearing will not be required.
7. Required documents. The following documents shall be prepared and submitted by the developer for each condominium conversion project:
   1. Articles of incorporation.
   2. Corporation by-laws.
   3. Declaration of covenants, conditions, restrictions and management policies/declaration of condominium.
   4. Management agreement.
   5. Open space easement.
   6. Sales brochure.
   7. Record of survey or final subdivision plat.
   8. Property report. Where, in the opinion of the city council, a particular document required under this section is inapplicable for the particular project proposed, the city may waive the requirement for submitting said document.
8. Special provisions.
   1. Property report (as required under subsection G. above). The developer shall submit two copies of a property report describing the condition, useful life, and capacity of the roof, foundations, mechanical, electrical, heating, plumbing, and structural elements of all existing buildings and structures or uses; and identifying existing or latent deficiencies, proposed repairs and/or renovations. Said report shall be prepared by a structural engineer or qualified licensed contractor(s) acceptable to the city. The report shall also contain a statement of disclosure identifying those aspects of the building and site area which do not meet the requirements of the building code or zoning ordinance as they currently exist.
   2. Notification of tenants. Developers of a condominium conversion project shall, at the time of submission for final approval, submit to the city the following:
      1. Certification that the present tenants of the project have been notified of the proposed conversion. All tenants who occupy the property after an application for conversion has been filed with the city shall be notified by the developer prior to occupancy by such tenant.
      2. The present tenant or tenants of any unit to be converted shall be given a nontransferable right of first refusal to purchase the unit occupied upon at least the same terms and conditions offered to the general public or other individuals. The right shall extend for at least sixty days after beginning sales, providing that the tenant may cancel the purchase agreement if the unit is not conveyed to the tenant within six months or unless the tenant gives prior written notice of his/her intention not to exercise such right.
   3. Unlawful to record unapproved documents. It shall be unlawful to record any record of survey map or declaration of a condominium project in the office of the county recorder, unless the same shall bear thereon final approval of the planning commission and city council as required by the terms of this code, and any record of survey map or declaration so recorded without such approval shall be null and void. Any owner, or agent of any owner, of land or units located within a purported condominium conversion project, who transfers or sells any land, structure, or condominium unit in such purported project, before obtaining the final approval by the planning commission and city council on the record of survey map and declaration and recording the same in the office of the county recorder, shall be guilty of a misdemeanor for each lot, parcel of land, structure or condominium unit so transferred or sold.

(Ord. No. 82-2-5)

1. Intent. The intent of this section is to establish guidelines and criteria to facilitate the design and approval of marina facility support projects.
2. Allowable uses. Uses permitted in marina facility support projects shall include:
   1. Recreational and cultural areas and facilities, which constitute the primary use or activity of the resort, including but not limited to boat launch ramps, boat marinas, water ski lakes, golf courses, horse stables and arenas.
   2. Recreational vehicle (RV) courts and campgrounds.
   3. Camping and picnic facilities.
   4. Boat storage areas (covered and open); provided that any such facility shall include off-street parking for vehicles of patrons during the period that the boat stored at the storage facility is in use at the marina.
   5. Group lodging facility - a structure containing a single kitchen and up to ten adjacent sleeping rooms and intended to be occupied for a short period (not to exceed one week) by a family or affiliated group as part of a common gathering (i.e., family reunion, business retreat, seminar, etc.). The city may approve a plan for a marina facility support project containing more than one group lodging structure upon a finding by the city council, following recommendation of the planning commission, that the additional structures are reasonably necessary to the overall design of the project and do not constitute a majority of the uses within the project.
   6. Recreational housing facility - consisting of a structure containing one or up to eight individual living units containing only sleeping rooms or a combination of a kitchen and sleeping rooms and intended for separate short term occupancy - not to exceed fourteen days, under a day-to-day rental arrangement or timeshare ownership arrangement. The city may approve a plan for marina facility support project containing more than one group housing structure upon a finding by the city council, following recommendation of the planning commission that the additional structures are reasonably necessary to the overall design of the project and do not constitute a majority of the uses within the project.
   7. Eating establishments, curio shops, gasoline service stations (automobile and marine), and retail sales establishments, providing goods and services primarily for persons utilizing the marina, approved upon a finding by the city council, following recommendation of the planning commission, that the activity is incidental to other uses included in the marina facility support project.
   8. Caretaker dwellings occupied by individuals charged with the responsibility of monitoring other uses within the marina facility support project.
   9. Driveways, streets, parking areas, landscape features, and incidental accessory buildings reasonably necessary to carry out the primary activities of the project.
   10. Other uses similar to those identified herein, subject to a finding of similarity by the city council following recommendation by the planning commission.
3. Approval procedure—Project evaluation guidelines—Compliance with related requirements. The procedure to be followed in securing approval of a marina facility support project shall be as set forth under Section 17.7.200 of this code.
4. Minimum project area. The minimum base area required to qualify for a marina facility support project shall be fifteen acres or the entire parcel if the project area constitutes a lot of record having less than fifteen acres. All territory within the project area shall be contiguous and shall include a block of land which constitutes a logical design unit. The initial phase of any marina facility support project shall conform to the minimum base area requirement. However, subsequent additions to a project may contain less than the required minimum base area amount, provided that the addition represents a logical extension of the project and all other requirements are met.
5. Design criteria.
   1. Detailed development plan required. A detailed development plan showing the entire site area proposed to be included in the project shall be submitted with the preliminary application. The plan shall show all other existing and proposed buildings and structures, and their intended use, all off-street parking areas, all significant landscaping elements, and any other existing or a proposed feature. Wherever applicable, the plan shall make provision for vehicular and pedestrian circulation with existing or future development on adjacent parcels and also readily accommodate trail and river corridors.
   2. Plan to be consistent with general plan. The detailed development plan shall be consistent with the general plan for the area. All major streets shall be located in the approximate location identified in the general plan and shall be constructed in accordance with city standards relating thereto.
   3. Development on open space areas and/or resource limited lands prohibited—Exceptions.
      1. No lot or portion of a project containing habitable structures shall be located on lands which: (1) have been designated as resource protected areas (wetland, stream corridors, a major drainage channel, flood plain areas, etc.); (2) in the opinion of the city, have other physical limitations which render them inappropriate for development (a power line right-of-way area, drainage channel); or (3) are designated on the project plan to remain as open space.
      2. Notwithstanding the provisions of this subsection, the city may approve the construction of one or more habitable structures within a designated flood plain area upon a finding by the city council that the structure is: (1) permitted within a marina facilities support project under the terms of this code; (2) is determined by the city to be reasonably necessary for the operation of the marina facilities support project; (3) shall be constructed in a manner which protects the structure from damage in the event of a flood event (flood resistant) and eliminates the need for public action in the event of a flood event; and (4) conforms to all local, state and federal flood hazard mitigation regulations.
   4. Detailed development standards to be adopted. The applicant, in preparing the design for a marina facilities support project, and the planning commission and council, in conducting the reviews and approvals required by this title, shall be guided by the terms of this title and that certain document relating to review and approval of developments on sensitive lands.
   5. Utility easements and provisions for drainage. The plan shall provide adequate easements for the placement of required drainage and utility systems and facilities in locations approved by the city.
6. Required improvements. The following site and building improvements shall be constructed as directed by the city engineer or building inspector, as applicable:
   1. All required streets, curbs, gutter, sidewalks, driveways and off-street parking area shall be graded and hard surfaced. No portion of the front setback area shall be devoted to off-street parking.
   2. Landscaping and landscape structures.
   3. Other site improvements as set forth on the approved site plan.

(Ord. No. 07-01-04)