The Town Council of Apple Valley has adopted a temporary fee schedule change for land owners desiring to change their current zone to an agricultural zone designation.

This section of code contains the procedural rules and regulations related to this zone change.

• This ordinance is in effect for four months from the date of passage and posting.
• Parcels containing a minimum of five acres may apply for a zone change under this ordinance.
• This code does not guarantee approval of the zone change to Agricultural land. 
• Applicants shall fill out a Zone Change Application as found on the town website and submit to the town clerk within the four month period. This application must include all application requirements except requirements E and H.
• For requirement F, we will go by state code. Stamped envelopes will only be required for property owners that share property lines with property applying for the zone change.

This zone change will follow all applicable law including, but not limited to, application, and appearance before the Planning Commission with a recommendation to the Town Council, Town Council approval, and public hearing.

There is no limit to the number of parcels an applicant/owner may bring to the planning commission for recommendation to the town council. 

Agricultural land will be designated within Agricultural zone lot standards by the A-X zone and will not be based on acreage.

When a change does not follow the current General Plan, a General Plan amendment is not required at the time of the zone change. At the end of the four month period a general plan review, public hearing, and amendment will be adopted after review of all zone changes pertaining to this ordinance in accordance with state law.

This temporary ordinance does not guarantee approval of water service or supply, nor does it signify any building approvals. Any application for zone change related to this ordinance are at the discretion of the landowner. The Town of Apple Valley does not assume any liability in relation to this zone change.

• Purpose: For the purpose of this title, the following zones are created to be applied as necessary to regulate the development of the land in the town of Apple Valley.
• Boundaries: Where uncertainty exists as to the boundaries of the districts as shown on the town maps, the following shall apply:
  1. Boundaries indicated as approximately following the center lines of the street, highways, waterways, roads, etc., shall be constructed to follow such center lines and in the event of change in the centerline, shall be constructed as moving with the centerlines.
  2. Boundaries indicated as approximately following platted lot lines shall be constructed to follow such lines.
  3. Boundaries indicated as parallels to or extensions of features indicated in the subsections B,1 and B,2 of this section shall be so constructed. Distance not specifically indicated on the official map shall be determined by the scale of the map.
  4. Boundaries of each of the said zones are hereby established as described herein or as shown on the map entitled zoning map of Apple Valley, which map is on file in the town offices and all boundaries shown thereon are made by their reference as much a part of this title is fully described and detailed herein.

1. Purpose: The purpose of this zone is to preserve appropriate areas for permanent agricultural use, actively devoted to agricultural use. Uses normally and necessarily related to agriculture are permitted and uses inimical to the continuance of agricultural activity are not allowed.
2. Permitted Uses: Uses permitted in this zone are as follows:
   1. Crop production, horticulture and gardening
   2. Farm buildings and uses
   3. Household pets
   4. Farming livestock
   5. Stands for sale of produce grown and sold on premises
   6. Veterinarian
   7. Pigs - See Ordinance O-2024-88, Title 10.41 Pigs.
   8. Residential Dwelling
3. Conditional Uses: Uses requiring a conditional use permit in this zone are as follows:
   
   
   1. Agritourism
   2. Agricultural Industry
      
   3. Animal Specialties
   4. Kennel, Commercial
   5. Metal Building
      
   6. Recreation and Entertainment, Outdoor (A-10, A20, A-40 only)
   7. Stable, Public
   8. Pigs
      
4. Any use not specifically allowed under permitted or conditional uses shall be prohibited unless the planning commission determines the use is substantially the same as a permitted or conditional use as provided in 10-7-180-E4.
5. Development Standards in Agricultural Zones:
   
   

   	Zones
   Development Standard	A-X	A-40	A-20	A-10	A-5
   Lot standards
   Minimum lot area	Any Size above 5 acres*	40 acres*	20 acres*	10 acres*	5 acres*
   Minimum lot width	400 feet	400 feet	400 feet	300 feet	300 feet
   Building standards
   Maximum height, main building1	35 feet	35 feet	35 feet	35 feet	35 feet
   Maximum height, accessory building	35 feet	35 feet	35 feet	35 feet	35 feet
   Setback standards - front yard
   Any building2	30 feet	30 feet	30 feet	30 feet	30 feet
   Setback standards - rear yard
   Main building	30 feet	30 feet	30 feet	30 feet	30 feet
   Accessory building	No requirement	No requirement	No requirement	No requirement	No requirement
   Setback standards - interior side yard
   Main building	15 feet	15 feet	15 feet	15 feet
   Accessory building of 100 square feet or less	No requirement	No requirement	No requirement	No requirement	No requirement
   Accessory building greater than 100 square feet	20 feet	20 feet	20 feet	20 feet	20 feet
   Setback standards - street side yard
   Main building		15 feet	20 feet	20 feet	20 feet	20 feet	20 feet
   Main building on corner lot with yard that abuts the side yard of another lot	20 feet	20 feet	20 feet	20 feet	20 feet
   Accessory building	Not permitted	Not permitted	Not permitted	Not permitted	Not permitted
   ADD Animals permitted
   *Required minimum size may be calculated prior to a required road dedication. **No more than one (1) primary home on a property.

   Notes:
   
6. Modifying Regulations:
   1. Fur farms, silos, fish farms or the keeping of exotic animals may not be approved in the A-5 district.
   2. Location of Corral or Stable: No corral or stable shall be located closer than one hundred feet (100') from any dwelling unit in an adjacent zone..
      3. Permitted and conditional uses set forth in this section shall be deemed to include accessory uses and activities that are necessarily and customarily associated with and incidental and subordinate to such uses. 
      1. Accessory uses shall be subject to the same regulations that apply to permitted and conditional uses in the same zone except as otherwise expressly provided in this title. 
      2. No accessory use, building, or structure shall be allowed on a lot unless a permitted or conditional use has been established.
         
      4. Greater size and height: Notwithstanding the height and size limitations shown in this section, a greater building and accessory height and size may be allowed pursuant to a conditional use permit. 5. For additional restrictions and clarifications in this zone, see AVLU 10.28 Supplementary and Qualifying Regulations for Land Use and Building.6. On large lots 5 Acre and larger the minimum lot size may be smaller than required, by the amount needed for road dedications.7. For a lot split on zone A-X, the landowner/applicant must apply for a zone change to match the new lot sizes that will be created if the new lots will be smaller than forty (40) acres. If the new lots created from the lot split are above 40 acres, the land may stay zoned A-X.

1. Purpose:
   1. C-1 Convenience Commercial Zone:
      1. The C-1 convenience commercial zone has been established for the purpose of providing shopping facilities within the various neighborhoods of the town, primarily for the convenience of people living in the neighborhood. The types of goods and services which may be offered for sale have been limited to "convenience goods" such as groceries, drugs, personal services such as hair cutting and hair dressing, distinguished by the fact that the principal patronage of the establishments originates within the surrounding neighborhood. Consequently, automobiles, furniture, appliances and other stores, the principal patronage of which originates outside the surrounding neighborhood, have been excluded from the C-1 zone.
      2. Inasmuch as this zone is usually surrounded by dwellings, it is intended that residential amenities be maintained as much as possible. Stores, shops or businesses shall be retail establishments only and shall be permitted only under the following conditions:
         1. Such businesses shall be conducted wholly within an enclosed building except for the parking of automobiles and service to persons in automobiles, unless otherwise permitted.
         2. No entertainment except music shall be permitted in any C-1 zone.
         3. All uses must be free from objections because of odor, dust, smoke, noise, vibration or other similar offensive nuisances to adjacent neighborhood areas.
   2. C-2 Highway Commercial Zone:
      1. The principal objective in establishing the C-2 highway commercial zone is to provide areas within the town where facilities that serve the traveling public can be most appropriately located.
      2. Other purposes for establishing the C-2 highway commercial zone are to promote safety on the highways, to promote the convenience of the traveling public, to promote beauty in the appearance of intersections and interchanges in the town and to prohibit uses which will tend to be contrary to the use of the land for its primary purposes or which would be unsightly to the traveling public. In general, this zone is located close to freeway interchanges and at the intersections of important transportation routes.
   3. C-3 General Commercial Zone:
      1. The objective of the C-3 general commercial zone is to provide space within the town where nearly all types of commercial goods and services may be provided.
         
         Since the zone permit s such a wide variety of uses, the protective features which zoning normally affords to adjacent properties are mostly nonexistent. Owners should develop and maintain their property in recognition thereof.
      2. The C-3 general commercial zones should be located principally in existing communities and not along major highways. To maximize traffic safety, property owners should shall provide access in a manner that will minimize the hazard of traffic leaving and entering roadways.
         
         To maximize traffic safety, a traffic impact study must be performed.
         
         As this zone primarily serves the traveling public, all traffic should enter and exit any commercial property in this zone from the highway, major and arterial roads, and not through residential roads if located adjacent to residential areas.
2. Permitted Uses: In the following list of possible uses, those designated as being permitted and conditional in a zone will be identified unless the planning commission determines the use is substantially the same as a permitted or conditional use as provided in 10-7-180-E4 with the letter "P" or "C" respectively. Uses designated with the letter "N" will not be allowed in that zone. The following list is not intended to be all inclusive, but rather, indicative of uses permitted in the zone. Any uses not specified as permitted shall be prohibited.
   
   Art Gallery, Bicycle sales and service, Bowling alley, Coal and fuel sales office store, Egg and poultry store (retail sales only), no live bird slaughtering permitted, Farm implement sales, Fence sales and service, Interior decorating and designing establishment, Library Lumber yard, Museum Photographic supplies, Pool hall, Popcorn or nut shop, Radio and television sales and service, Reception center or wedding chapel, Rental agency for home and garden equipment store, Trailer sales and service

   	C-1	C-2	C-3
   Air conditioning, sales and service	N	N	P
   Altering, pressing and repairing of wearing apparel	P	P	P
   Amusement	N	P	P
   Animal hospital	N	P	P
   Antique, import or souvenir shop	N	P	P
   Arcade	N	P	P
   Assisted living facility	C	N	N
   Athletic and sporting goods store, excluding sale or repair of motor vehicles, motor boats or motors	N	P	P
   Athletic club	P	P	P
   Auction establishment (retail goods only)	N	N	P
   Automobile, new or used sales and service	N	P	P
   Automobile parts sales (new)	N	P	P
   Automobile rental	N	P	P	N	P	P
   Automobile repair including paint, body, fender, brake, muffler, upholstery or transmission (completely enclosed building)	N	N	P
   Bakery manufacture limited to foods retailed on premises	P	P	P
   Bank or financial institution	P	P	P
   Barber shop	P	P	P
   Beauty shop	P	P	P
   Bed and breakfast inn	P	P	P
   Bar Pub, Tavern	N	P	P
   Billiard parlor	N	P	P	N	P	P
   Boat sales and service	N	N	P
   Bookbinding	P	P	P
   retail	P	P	P	N	P	P
   Building materials sales	N	N	P
   Bus terminal	N	P	P
   Cabinet shop	N	N	P
   Cabins	N	N	N
   Cafe or cafeteria	P	P	P
   Camera store	P	P	P
   Candy store, confectionery	P	P	P
   Campgrounds	N	N	N
   Car wash	N	P	P
   Caretakers dwelling, incidental to a commercial use	N	P	P
   Carpet and rug cleaning	N	N	P
   Catering establishment	N	P	P
   Child nursery	P	N	P
   Clinics, medical or dental	N	P	P
   Clothing and accessory store	N	P	P	N	N	P
   Convenience markets (including sale of gasoline)	P	P	P
   Crematorium	N	N	P
   Dairy product store	P	P	P
   Department	Dance hall	N	P	P
   Delicatessen	P	P	P
   N	P	P
   Drapery and curtain store	N	P	P
   	N	P	P
   Department	Educational institutions	N	P	P	P	P	P
   Electrical and heating appliances and fixtures sales and services	N	N	P
   Electronic equipment sales and service	N	P	P
   Employment agency	N	P	P
   Fabric and textile store	N	P	P	N	P	P	N	N	P
   Florist shop	P	P	P
   Fruit store (enclosed)	P	P	P
   Furniture sales and repair	N	P	P
   Garden supplies and plant material sales	N	P	P
   	P	P	P
   Government buildings or uses, no industrial	N	P	P
   Gas and Fuel, Storage and Sales	N	N	C
   Greenhouse and nursery, soil and lawn service	N	P	P
   Grocery store	P	P	P
   Gunsmith	N	P	P
   Gift store Hardware stores	N	P	P
   Gift store Gift store Health club	P	P	P
   Health food store	P	P	P
   Hobby and crafts store	N	P	P	N	P	P
   Hospitals
   Hotel	N	P	P
   Household appliance sales and service	N	P	P
   Ice cream parlor	P	P	P
   manufacture and storage	N	N	P
   Ice store or vending station	P	P	P
   Health	N	P	P	N	P	P
   Janitor
   service and supply	N	N	P
   Jewelry store sales and service	N	P	P
   Laboratory, dental or medical	N	P	P
   Laundry or dry cleaners, Laundromat	P	P	P
   Kennel, Commercial	C	N	C
   Legal office	N	P	P	N	P	P
   Liquor store	N	P	P
   Locksmith	N	P	P
   Lodge or social hall	N	P	P
   Lodging Hotel, Motel	N	P	P
   	N	P	P
   Metal Building	C	C	C	N	N	P
   Manufactured home sales lot and service	N	P	P
   Medical office	N	P	P
   Monument works and sales	N	N	P
   Mortuary	N	P	P	N	P	P
   Music store	N	P	P
   Needlework, embroidery or knitting store	N	P	P
   Newsstand	P	P	P
   Nursery school	P	N	P
   Office supply, office machines sales and service	N	P	P
   Optometrist, optician or oculist	N	P	P
   Paint or wallpaper store	N	P	P
   Park and playground	P	P	P
   Pawnshop	N	P	P
   Pet and pet supply store	N	P	P
   Pharmacy	N	P	P	N	P	P
   or surgeon office clinic	N	P	P
   Plumbing shop	N	P	P	N	P	P	N	P	P
   Professional office	N	P	P
   Printing, lithographing, publishing or reproduction sales and service	N	P	P
   Professional office	N	P	P	N	P	P
   Real estate agency	N	P	P	N	P	P
   Recreation center	N	P	P	N	P	P
   Restaurant	P	P	P
   Restaurant, drive-in	P	P	P
   Roller skating rink	N	P	P
   Shoe	Secondhand store	N	P	P
   Service station, handi-mart	P	P	P
   Shoe repair and shoe shine shop	N	P	P
   N	P	P
   Sign painting	N	P	P
   Travel sales	N	P	P
   Storage rental units	N	P	P
   Supermarket	N	N	P
   Theater, indoor	N	P	P
   Theater, outdoor	N	P	P
   Tire recapping or retreading	N	P	P
   Tire sales and service	N	N	P
   Toy store, retail	N	P	P	N	P	P
   Travel agency	N	P	P
   Tourist Tours Operations	P	P	P
   Used car lot	N	P	P
   Variety store	N	P	P
   Vegetable stand	P	P	P
   Winery	P	P	P

3. General Requirements:
   
   Rear Minimum
   
   

   	C-1	C-2	C-3
   Minimum lot area	None	None	None
   Maximum zone area	None	None	None
   Minimum yard setbacks from property line (in feet)
   Front	25	25	25
   Side	10	10	10
   Side facing a street on a corner lot	25	25	25	10	10	10
   Building heights (in feet)				8	8	8
   Maximum	15	15	15
   Minimum distance between buildings	10	10	10

   1. Site Plan Approval:
      1. A site plan shall be submitted, drawn to scale, and of sufficient size and detail to show building locations, yard setbacks, ingress and egress drives, parking areas, landscaped areas and such other improvements as may be required relating to the specific use proposed.
      2. The site plan, or an additional plan drawn to the same scale, shall show utility locations, including water, power, drainage, telephone; cable TV, sewer or septic tank location, fire hydrants, street improvements and such other public improvements as may be required.
      3. Planning commission review and Town Council approval shall precede the issuance of any permit for site improvement, or construction permit for utility systems. No building permits shall be issued until all underground site improvements have been installed and construction authorized by the building inspector.
4. Special Provisions:
   1. Storage Of Materials And Merchandise: All materials and merchandise, except vehicles in running order, shall be stored in an enclosed building or within an enclosure surrounded by a sight obscuring fence or wall of not less than six (6') feet in height, and no material or merchandise shall be stored to a height greater than that of the enclosing fence or wall.
   2. Trash, Combustible Materials, Junk and Debris: No trash, rubbish, weeds or other combustible material shall be allowed to remain on any lot outside of approved containers in any commercial zone. No junk, debris, or similar material shall be stored or allowed to remain on any lot in any commercial zone.
   3. Solid Waste Storage Facilities: All solid waste storage facilities shall be located at the rear of the main building or else behind a sight obscuring fence or wall which will prevent the facility from being seen from a public street.
   4. Protection Of Adjoining Residential Property: Where a commercial development adjoins any lot or parcel of ground in any residential zone, there shall be provided along the adjoining property line a decorative, sight obscuring fence, or a ten (10') foot wide planting strip, or any combination of fencing and landscaping which adequately protects the adjoining residential property.
   5. Residential Dwellings: No residential dwelling of any kind is permitted in any commercial zoning district.
   6. Lighting: all lighting shall be directed away from any residential use to protect neighboring properties from light pollution, and shielded from the night sky with no light emitted above a horizontal plane. Reference AVLU 10.26.
   7. All lodging located in a commercial zone, shall require an on-site manager.
   8. Permitted and conditional uses set forth in this section shall be deemed to include accessory uses and activities that are necessarily and customarily associated with and incidental and subordinate to such uses.
      1. Accessory uses shall be subject to the same regulations that apply to permitted and conditional uses in the same zone except as otherwise expressly provided in this title.
      2. No accessory use, building, or structure shall be allowed on a lot unless a permitted or conditional use has been established.
   9. Greater size and height: Notwithstanding the height and size limitations shown in this section, a greater building and accessory height and size may be allowed pursuant to a conditional use permit.
      
5. Abandoned, Wrecked, or Junk Vehicles:
   1. Abandoned Vehicles Prohibited: It shall be unlawful to park or permit the parking of any licensed or unlicensed motor vehicle or parts thereof in an abandoned condition upon any public or private property within the Town for longer than seventy two (72) hours, except as follows:
      1. In a commercial or industrial zone, the number of such vehicles is determined by permit, and:
         1. Such use is authorized in the zone where the use is located, and
         2. Vehicles and parts thereof are stored within a building or are completely screened by a six (6) foot high, opaque, sight obscuring fence.
      2. Nuisance: The accumulation and storage of more than the permitted number of vehicles or parts thereof on private or public property except as set forth above shall constitute a nuisance, detrimental to the health, safety, and welfare of the inhabitants of the Town. It shall be the duty of the owner of such vehicle or parts thereof, or lessee, or other person in possession of private property upon which such vehicle or parts thereof is located, to remove the same from such property.

1. Purpose: The purpose of this zone is to provide permanent area for small farms, hobby farms and limited agricultural development for personal use.
2. Permitted uses: Uses permitted in this zone, following the issuance of a building permit for a permanent dwelling, are as follows:
   1. Single-family dwellings not less than 800 sq. ft. on the main floor, unless otherwise approved with a Conditional Use Permit (CUP);
      
   2. Accessory buildings and uses;
      
   3. Home occupations;
      
   4. Raising of crops, gardens, and horticulture;
      
   5. Residential facility for persons with a disability (see AVLU 10.28 for supplementary information); permanent residence not required.
   6. Residential facility for the elderly (see AVLU 10.28 for supplementary information); permanent residence not required.
      
   7. Churches; permanent residence not required.
   8. Public park or playgrounds;
   9. The keeping of animals and fowl for family food production, but not for commercial use.
   10. Animal Allowances/Restrictions:
       1. The number of domesticated animals which may be maintained on the property shall be determined on the basis of a point system. No lot shall exceed one hundred (100) points per acre or fifty (50) points per half-acre. All Lots will be apportioned 25 points in 0.25 acre increments up to 250 points or 2.5 acres. (e.g., a 1.20 acre lot is allocated 100 points. A 1.25 acre lot is allocated 125 points). After 5 acres, 25 points per 0.25 acre increments up to 500 points or 7.5 acres.
       2. Type of animal or fowl (number of points per animal), further restrictions:
          1. Cow, horse, donkey, mule, or similar large animal, and potbelly pig 25 points each, but not to exceed the maximum of ten (10) large animals per five (5) acres;
          2. Miniature horses, sheep, goats, or similar medium-size animals, less than 36 inches in height as measured from the withers, (8 points each), but not to exceed the maximum of twenty (20) medium animals per five (5) acres;
       3. Chickens, ducks, pigeons, doves, rabbits, turkeys, geese, pheasants, and similar small and medium-size fowl are not to exceed twenty thirty (30) per One (1) acre;
       4. No rooster is permitted on any lot which is less than one (1) acre. Lots 1 acre or larger may have one (l) rooster per thirty (30) chickens.
       5. Only domestic and farm animals including household dogs and pets shall be kept on any lot with in the Rural Estates Zone.
          
       6. Other than domesticated potbelly pigs allowed under AVLU 10.10.050.B.10.b(1), the
          keeping of any pigs is not allowed in the Rural Estates Zone.
       7. The following shall be excluded from consideration for the purpose of determining compliance with this section:
          1. The unweaned, offspring of a residing animal or fowl, under six (6) months of age.
          2. Residents 18 years or younger participating in a 4-H, FFA or similar youth program raising an animal with the intent to sell the animal at auction within twelve (12) months.
             
       8. Animals shall be contained in proper pens, coups, corals, pasture, paddock, arena, or similar exercise area on owners property Animal enclosures shall be cleaned regularly, be kept in good repair, give the animals ample room, and offer the animals shelter and shade.
       9. Noise, safety, pests or smell nuisances that result from improper care of animals or property are strictly prohibited. Property owners must implement a fly mitigation program with deployment of fly traps, fly spray chemicals or fly predators and maintain these devices and methods during the fly season for vector control.
       10. Violation of AVLU 10.10.050.B.11 is an infraction punishable by fine up to $750 if violation is not corrected within thirty (30) days of initial notice of violation.
3. Conditional Uses: Uses requiring a conditional use permit in this zone are as follows: 
   1. Accessory use and buildings before a building permit is issued.
   2. Raising of crops, gardens, and horticulture before a building permit is issued.
   3. Single family dwelling less than 800 sq. ft. on the main floor.
      
   4. The keeping of animals and fowl for family food production, but not for commercial use before a building permit is issued.
4. Any use not specifically allowed under permitted uses shall be prohibited unless the planning commission determines the use is substantially the same as a permitted or conditional use as provided in subsection 10-7-180-E4 of this title.
   
5. Height Regulations: No building shall be erected to a height greater than thirty-five (35) feet. No accessory building shall be erected to a height greater than twenty-five (25) feet.
6. Minimum Area, Width, and Yard Regulations
   

   District	Area	Lot Width in Feet	Yard Setbacks in Feet for Primary Residence			Square Feet Maximum Size of	Square Feet Maximum Size of	Maximum Building Coverage
   	Minimum	Minimum	Front	Side	Rear	Accessory Building	Shipping Container	On lot (see 10.28.240D)
   RE-1.0	1.0 acre	100	25	10	10	4,000	700	50%
   RE-2.5	2.5 acres	150	25	25	25	4,500	1,000	50%
   RE-5.0	5.0 acres	200	25	25	25	5,000	1,500	50%

   ** No more than one (1) Primary home on a property.
7. Modifying Regulations:
   1. Shipping containers shall not be stacked unless they are used for an accessory building structure or primary dwelling structure and the exterior is completely covered by an exterior siding that must meet all visual and structural requirements set forth by the building
      and safety ordinances.
   2. Any accessory building must not exceed 25 feet in height.
      
   3. All accessory building permits must be accompanied by a building permit for a primary dwelling or be used in conjunction with an existing primary dwelling. An accessory building permit may be issued without a primary dwelling being on the property with a Conditional Use Permit (CUP).
      
   4. No accessory building shall be occupied or used as any type of living space.
      
   5. Side Yards: The side yard setback on a "street side" yard shall be the same as a front yard setback. Accessory buildings located at least ten (10) feet away from the main building must have a side or rear property setback of at least ten (10) feet on interior lot lines.
   6. Distance Between Buildings: No two (2) buildings on the same property shall be located closer together than ten (10) feet. No building, structure, or pen/corral/coop/ housing animals or fowl shall be constructed closer than fifty (50) feet to a dwelling unit on an adjacent lot, or thirty (30) feet from property line, whichever is further. Animal enclosures shall be behind the main dwelling and shall be no closer than thirty (30) feet to main dwelling.
   7. Prohibited Materials and Storage: No trash, rubbish, weeds, or other combustible material shall be allowed to remain on any lot outside of approved containers in any residential zone. No junk, debris, or junk cars shall be stored or allowed to remain on any lot in any residential zone.
   8. All lighting shall comply with AVLU 10.26 Outdoor Lighting Ordinance.
   9. Permitted and conditional uses set forth in this section shall be deemed to include accessory uses and activities that are necessarily and customarily associated with and incidental and subordinate to such uses.
      1. Accessory uses shall be subject to the same regulations that apply to permitted and conditional uses in the same zone except as otherwise expressly provided in this title. 
      2. No accessory use, building, or structure shall be allowed on a lot unless a permitted or conditional use has been established.
   10. Greater size and height: Notwithstanding the height and size limitations shown in this section, a greater building and accessory height and size may be allowed pursuant to a conditional use permit.
       
       
   11. For additional restrictions and clarifications in this zone, see AVLU 10.28 Supplementary and Qualifying Regulations for Land Use and Building.
   12. All street, drainage, utility and other public improvements shall be installed as required by the applicable town ordinances, standards and regulations. However, upon recommendation by the Planning Commission and approval of the Town Council based upon good cause shown, the requirements for the installation of dry sewer, curb, gutter and asphalt may be waived or delayed, as the Town Council, in its discretion, may determine.
   13. On large lots 2.5 Acre and larger the minimum lot size may be smaller than required, by the amount needed for road dedications.
       

REPEALED BY APPLE VALLEY COUNCIL ON AUGUST 28, 2024

APPLE VALLEY ORDINANCE O-2024-46

NOW THEREFORE, be it ordained by the Council of the Apple Valley, in the State of Utah, as follows: SECTION 1: REPEAL “10.10.060 SF Single Family Residential Zone” of the Apple Valley Land Use is hereby repealed as follows: R E P E A L 10.10.060 SF Single Family Residential Zone

Purpose: The purpose of this zone is to provide appropriate locations where low density residential neighborhoods may be established, maintained and protected. The regulations also permits the establishment, with proper controls, of public and semipublic uses such as churches, schools, libraries, parks and playgrounds which serve the requirements of families. The regulations are intended to prohibit uses that would be harmful to a single-family residential neighborhood.

A. Permitted Uses: Uses permitted in this zone, following the issuance of a building permit for a permanent dwelling, are as follows:

1. Single Family dwelling with a minimum of 1000 sq ft. on the main level. 2. Accessory use and buildings; permitted simultaneously or after obtaining a building permit and construction and occupancy of a residential dwelling. 3. Home gardens and trees, keeping of household dogs, cats and chickens (up to six (6) per lot). No roosters allowed. 4. Residential facility for persons with a disability (see AVLU 10.28 for supplementary information). 5. Residential facility for the elderly (see AVLU 10.28 for supplementary information), no permanent residence required., no permanent residence required. 6. Churches 7. Group homes, no permanent residence required. 8. Home occupation 9. Parks and playground 10. Metal building

B. Conditional Uses: Uses requiring a conditional use permit in this zone are as follows:

1. Assisted living facility (SF-5, SF-10 only) 2. Accessory use and buildings before a building permit is issued.

C. Any use not shown in this section shall be prohibited unless the planning commission determines the use is substantially the same as a permitted or conditional use as provided in subsection 10-7-180-E4 of this title.
D. Height Regulations: No building shall be erected to a height greater than thirty five (35'). No accessory building shall be erected to a height greater than twenty five (25') feet, unless a conditional permit has been obtained. E. Area Width and Yard Regulations:

F. Modifying Regulations:

1. Shipping containers shall not be stacked unless they are used for an accessory building structure or primary dwelling structure and the exterior is completely covered by an exterior siding that must meet all visual and structural requirements set forth by the building and safety ordinances.

2. Any accessory building must not exceed 25 feet in height.

3. All accessory building permits must be accompanied by a building permit for a primary dwelling or be used in conjunction with an existing primary dwelling. An accessory building permit may be issued without a primary dwelling being on the property with a Conditional Use Permit (CUP).

4. No accessory building shall be occupied or used as any type of living space.

5. Side Yards: The side yard setback on a "street side" yard shall be fifteen (15) feet.

6. Private Garages and Accessory Buildings: Private garages and accessory buildings located at least 10' behind the main dwelling on lots less than ½ acre may have a side yard of three feet (3'), all others must be ten feet (10'), provided that all corner lots shall maintain fifteen feet (15') on the street side.

7. Prohibited Materials and Storage: No trash, rubbish, weeds or other combustible material shall be allowed to remain on any lot outside of approved containers in any residential zone. No junk, debris, or junk cars shall be stored or allowed to remain on any lot in any residential zone.

8. Location of Required Parking: Required parking shall not be located in the front yard setback.

9. All lighting shall comply with AVLU 10.26 Outdoor Lighting Ordinance.

10. For additional restrictions and clarifications in this zone, see AVLU 10.28 Supplementary and Qualifying Regulations for Land Use and Building.

11. Permitted and conditional uses set forth in this section shall be deemed to include accessory uses and activities that are necessarily and customarily associated with and incidental and subordinate to such uses.

a. Accessory uses shall be subject to the same regulations that apply to permitted and conditional uses in the same zone except as otherwise expressly provided in this title. b. No accessory use, building, or structure shall be allowed on a lot unless a permitted or conditional use has been established.

12. Greater size and height: Notwithstanding the height and size limitations shown in this section, a greater building and accessory height and size may be allowed pursuant to a conditional use permit.

13. On large lots 5 Acre and larger the minimum lot size may be smaller than required, by the amount needed for road dedications.

14. Maximum Building Coverage on a lot is defined as: A building or group of buildings including all accessory buildings may not cover more than 50 percent of the area of the lot.

15. All street, drainage, utility and other public improvements shall be installed as required by the applicable town ordinances, standards and regulations. However, upon recommendation by the Planning Commission and approval of the Town Council based upon good cause shown, the requirements for the installation of dry sewer, curb, gutter and asphalt may be waived or delayed, as the Town Council, in its discretion, may determine.

1. Purpose: The purpose of this zone is to provide for protection of undeveloped private land.
2. Permitted Uses: Uses permitted in this zone are as follows:
   1. Raising of crops, horticulture and gardening
   2. Undeveloped private land
   3. Trails and trail rides, non-motorized
3. Conditional Uses: Uses requiring a conditional use permit in this zone are as follows:
   1. Bona fide farm buildings
   2. Public utilities and transmission lines
   3. Wireless communications facilities
   4. Farming operations
   5. Livestock grazing
   6. Trails and trail rides, motorized
4. Height Regulations: No building shall be erected to a height greater than twenty five (25') feet without a conditional use permit.
5. Farm Building Regulations:
   
   

   Farm Building Setbacks in Feet
   Front	Side	Rear
   25	25	25

   (25' setback on comer and street side lots)
6. Modifying Regulations: The following modifying regulations may be established by the land use authority relative to a specific use.
   1. Distance of Animal Housing: No corral, stable or kennel may be located within one hundred feet (100') of any adjacent dwelling or residential building lot.
   2. Application of Minimum Acreage: Twenty (20) acre minimum lot size applies only to the construction of farm buildings.
   3. Trails for motorized off-road vehicles (ORV) shall be no closer than 1000' from any residential dwelling.

1. Purpose: The purpose of this zone is to provide for protection of primarily undeveloped private land.
2. Permitted Uses: Uses permitted in this zone are as follows:
   1. Bona fide farm buildings
   2. Farming operations
   3. Livestock grazing
   4. Raising of crops, horticulture and gardening
   5. Undeveloped private land
   6. Trails and trail rides
3. Conditional Uses: SPACE LEFT BLANK INTENTIONALLY
   
   Any use not specifically allowed under permitted or conditional uses shall be prohibited.
4. Height Regulations: No building shall be erected to a height greater than thirty five (35') feet without a conditional use permit.
5. Farm Building Regulations:
   
   

   Farm Building Setbacks in Feet
   Front	Side	Rear
   25	25	25

   (25' setback on comer and street side lots)
6. Modifying Regulations: As may be established by the land use authority relative to a specific use:
   1. Distance of Animal Housing: no corral, stable or kennel may be located within one hundred feet (100') of any dwelling or residential building lot.
   2. Application of Minimum Acreage: Twenty (20) acre minimum lot size applies only to the construction of farm buildings.
   3. Trails for motorized off-road vehicles (ORV) shall be no closer than 1000' from any residential dwelling.
      

1. Purpose: The purpose of this zone is to provide for the development of manufactured home parks in a quality environment. Manufactured home parks are not intended for the isolated lot, but shall be for use in areas where larger tracts of land are available for development, and can be developed to a high standard of quality with landscaping, recreation facilities, etc., and are designed and intended from the beginning of development as manufactured homes only. The minimum zone size shall be approximately fifteen (15 ) acres.
2. Permitted Uses: Uses permitted in this zone, following the issuance of a building permit for a permanent dwelling, are as follows:
   1. Accessory buildings and uses.
   2. Horticulture and gardening for personal use.
   3. Household pets.
   4. Park or playground.
   5. Manufactured homes at a minimum of 1,000 square feet on main level.
   6. Other uses similar to the above and judged by the planning commission to be in harmony with the intent and character of this zone, which will require a conditional use permit.
   7. Any use not specifically allowed under permitted or conditional uses, shall be prohibited unless the zoning administrator determines the use is substantially the same as a permitted use.
3. Height Regulations: No building shall be erected to a height greater than fifteen (15 ) feet. No accessory building shall be erected to a height greater than eighteen (18 ) feet.
4. Manufactured Home Park Development Standards:
   1. Density: The maximum density for a manufactured home park shall not exceed four (4 ) units per acre.
   2. Access Roads: Each manufactured home park shall be provided with hard surface (concrete or asphalt) roadways of at least twenty five (25) feet in width to serve each manufactured home space and parking area.
   3. Park Access: Access to all manufactured home parks shall be from a dedicated and approved public street at an approved access point or points. No manufactured home space shall have direct access from a public street. Any access road connecting two (2) or more public streets shall be arranged to prohibit or discourage through traffic.
   4. Off Street Parking: Parking spaces shall be provided for the parking of motor vehicles in the ratio of at least two (2) parking spaces for each manufactured home space.
   5. Recreation Space: Recreation space shall be provided for each manufactured home park. A minimum usable area of five thousand (5,000) square feet shall be set aside and developed for each manufactured home park having at least ten (10) units and one hundred (100) square feet additional space for each unit above ten (10) units.
   6. Manufactured Home Space: Each manufactured home space shall have a minimum of five thousand (5,000) square feet and a minimum width of fifty (50) feet.
   7. Permanent Foundation: A manufactured home must be put on a permanent foundation and converted to real property.
   8. Minimum Yard Clearances for Manufactured Home Park: Each manufactured home shall have the following minimum yard clearances:
      1. Front or side yard on a public street, twenty five (25) feet.
      2. Side yard bordering adjacent property, ten (10) feet.
      3. Rear yard bordering adjacent property, ten (10) feet.
      4. A six (6) foot sight obscuring fence shall be erected along all side and rear property lines, unless otherwise approved by the planning commission.
   9. Minimum Yard Clearances for Manufactured Home Space: Each manufactured home shall have the following minimum yard clearance which may also be included in and a part of the setbacks required in subsection H of this section:
      1. Front yard on a private street or access road, fifteen (15) feet in back of curb.
      2. Side yard on main door side of manufactured home, fifteen feet (15).
      3. Side yard on "no access" side of manufactured home, ten (10) feet.
      4. Rear yard, ten (10) feet.
      5. No two (2) manufactured homes shall be closer than twenty (20) feet.
   10. Utilities Required: All sewage and water proposals shall be required to have approval from the Utah state department of environmental quality and Ash Creek Special Service District. All buildings, electrical, plumbing and fire protection construction shall comply with state and Town requirements and codes, including applicable standards found in the Town subdivision ordinance (including, but not limited to, fire protection), the building code, and this title.
   11. A dwelling proposed to be moved onto a site in the town shall be less than ten (10) years of age at the time of moving unless otherwise approved by the Planning Commission. Rehabilitation of such dwelling limited to a 6 month duration.
5. Modifying Regulations:
   1. Perimeter Fence: Unless otherwise approved by the planning commission, each manufactured home park shall be fenced at the perimeter with a six (6) foot high sight obscuring fence.
   2. Building Code; Permit: Installation of any manufactured unit shall be done in conformance with the requirements of the current edition of the building code following approval of the building department, and the issuance of a building permit.
   3. Street Construction: All streets in a manufactured home park shall be paved according to the construction standards of the Town and shall be bounded by curb and gutter approved by the planning commission.
   4. All lighting shall comply with AVLU 10.26 Outdoor Lighting Ordinance.
6. Subdivision Requirements: Any use approved in the MH zone in which the sale of any lot or parking space is proposed, shall be subject to all applicable requirements of the AVS 11 subdivision ordinance.

1. Purpose: The purpose of this zone is to provide for the development of a Recreational Vehicle Park (RVP) in a quality environment. Recreational Vehicle Parks are not intended for the isolated lot. But shall be for use in areas where larger tracts of land are available for development, and can be developed to a high standard of quality with landscaping, recreation facilities, etc.
   
   The Recreational Vehicle Parks are designed and intended from the beginning to serve the transient or traveling public that travels with their own recreational vehicles, needing a place to hook-up their own recreational vehicles to utilities and services. The Minimum zone size shall be twenty (20 ) Acres.
   
   The primary location for a Recreational Vehicle Park is close to Highway 59 or other major roadways and should not be located immediately next to a residential neighborhood.
2. Permitted Uses: Uses permitted in this zone are as follows:
   1. Accessory buildings and uses
   2. Household pets
   3. Recreational Vehicle rental spaces
   4. Park, playground, Swimming Pool and Tennis courts or alike
   5. Other uses similar to the above and judged by the Planning Commission to be in harmony with the intent and character of this zone.
3. Conditional Uses: Uses requiring a conditional use permit in this zone are as follows:
   1. Clubhouse, sales or registration office, or on-site manager dwelling
   2. Other uses approved by the planning commission as being in harmony with the intent of the zone and similar in nature to the above listed uses
4. Height Regulations: No building shall be erected to a height greater than fifteen (15 '). No accessory building shall be erected to a height greater than fifteen (15') feet.
5. Recreational Vehicle Park Development Standards:
   1. Minimum Size: Each recreational vehicle park shall have a minimum size of twenty (20 ) acres.
   2. Roads:
      1. Width: Each recreational vehicle park shall be provided with roadways of at least twenty five feet (25') in width.
      2. Construction Specifications: All recreational vehicle parks shall be served by paved roads constructed to Town standards and bounded by curb and gutter approved by the Town.
   3. Park Access: Access to all recreational vehicle parks shall be from a dedicated and approved public street at an approved point or points. No RV space shall have direct access from a public street nor may they exit or enter through a residential neighborhood.
   4. Off Street Parking: Hard surface (concrete or Paved) parking spaces shall be provided for the parking of each recreational vehicle, and two (2) additional spaces for vehicles.
   5. Recreation Space: Recreation space shall be provided for each recreational vehicle park having ten (10) or more units and shall be maintained for such use. A minimum usable area of five thousand (5,000) square feet shall be set aside and developed for each such park and an additional one hundred (100) square feet shall be provided for each unit above ten (10) units.
   6. Density: The maximum density for a recreational vehicle park shall not exceed eight (8 ) units per gross acre.
   7. Space Width: Each recreational vehicle space shall have a minimum width of thirty feet (30') and all recreational vehicles shall be able to park in designated spaces and no portion of a driveway or roadway may be used for recreational vehicle parking.
   8. Distance of Units: No RV space shall be designed to allow RV units to be parked closer than twenty feet (20'). This requirement shall apply to overnight, extended stay and park model units. No unit in an RV park shall be located closer than the distance required herein.
   9. Minimum Yard Clearances for Recreational Vehicle Park:
      1. Front or side yard on a public street, twenty five feet (25').
      2. Side yard bordering adjacent property, ten feet (10').
      3. Rear yard bordering adjacent property, ten feet (10').
      4. A six foot (6') block wall fence shall be erected along all side and rear property lines unless otherwise approved by the Planning Commission.
   10. Utilities Required: Each recreational vehicle parking space shall have connections available for water, sewer and electricity. All utility connections shall be located underground. Water and sewer plans shall be approved by the Big Plains Water and Sewer Special Service District and the Town's Public Works Department.
   11. Outdoor Living Space: Each recreational vehicle parking space shall be provided with a minimum of three hundred (300) square feet of "outdoor living" space located adjacent to the vehicle parking space. Said outdoor living space shall be maintained in a clean and weed free manner and shall be kept free from garbage or debris of any kind.
   12. Landscape Plan: A detailed landscape plan shall be submitted for each recreational vehicle park, and shall be approved by the Planning Commission.
6. Other Requirements:
   1. Perimeter Fence: Each Recreational Vehicle Park shall be fenced at the perimeter with a six foot (6') high block wall fence.
   2. Building Code; Permit: Installation of infrastructure and any Recreational Vehicle Park structures shall be done in conformance with the requirements of the current edition of the building code following approval of the building department, and the issuance of a building permit.
   3. Street Construction: All streets in a Recreational Vehicle Park shall be paved according to the construction standards of the Town and shall be bounded by curb and gutter.
   4. All lighting shall comply with AVU 10.26 Outdoor Lighting Ordinance.
   5. No tents of any kind may be used in this zone, unless included in a planned development agreement.
   6. All Recreational Vehicle Parks shall require a full time (24/7) on-site manager, who shall be responsible for ensuring compliance with the rules and regulations of the Town and safety of the property.
   7. A Recreational Vehicle Park and Tiny Home or Cabin Park may be combined in one park, and the minimum size of park may be smaller than 10 acres with details of such mixed zoning and park size variations being outlined in a Development Agreement.
7. Subdivision Requirements: If the Recreational Vehicle Park is not intended to be in a single ownership, rather intended to be sold as individual lots, the subdivision shall then be subject to all applicable requirements of the Town's subdivision ordinance.

1. Purpose: The purpose of this zone is to provide for the development of Cabin or Tiny Home Parks (CTP). Cabin or Tiny Home Parks are not intended for the isolated lot, but shall be for use in areas where larger tracts of land are available for development, and can be developed to a high standard of quality with landscaping, recreation facilities, etc.
   
   Cabins or Tiny Homes Parks, are designed and intended from the beginning to serve the transient or traveling public with small cabins or Tiny Homes, placed or built on a permanent foundation with the structure containing sleeping, bathing and kitchen facilities. The Minimum zone size shall be fifteen (15 ) Acres.
   
   The primary location for a Cabin or Tiny Home Park is close to Highway 59 or other major roadway or may be located more remotely if utilities and proper road access is available or will be available. It shall not be located immediately next to a residential zone.
2. Permitted Uses: Uses permitted in this zone are as follows:
   1. Accessory buildings and uses
   2. Household pets
   3. Cabins or Tiny Homes as defined in AVLU 10.04 or subsection E below
   4. Park, playground, swimming pool and tennis courts or alike
   5. Other uses similar to the above and approved by the Planning Commission to be in harmony with the intent and character of this zone.
   6. Clubhouse, sales or registration office, or on-site managers dwelling.
3. Conditional Uses:
   1. Restaurant
   2. Coffee Shop
   3. Rental Shop
   4. Tour Guide Business
   5. Higher Density of Cabins
   6. Size of Cabins
   7. Other businesses in support of this zone
      
4. Height Regulations: No cabins/tiny home shall be erected to a height greater than fifteen (15') feet.
   
   No accessory building shall be erected to a height greater than eighteen (18 ') feet.
   
   No club house/office or other approved buildings, may be erected to a height greater than fifteen (15fifteen15') feet.
5. Cabins or Tiny Home Park Development Standards: Definitions:
   
   A Cabin is a small stick built or small manufactured home, built or placed on a permanent foundation and is less than 600 Sq Feet of living space.
   
   A Tiny Home is a stick built or small manufactured home, built or placed on a permanent foundation, and is less than 600 Sq. Feet of living space.
   
   Any Cabin or Tiny Home that has wheels or skids and not placed on a permanent foundation shall be considered a Recreational Vehicle and may not be placed or used in this zone. But it shall be placed in a Recreational Vehicle Park zone.
   1. Minimum Size: Each Cabin or Tiny Home Park shall have a minimum size of fifteen (15 ) acres
   2. Roads:
      1. Width: All roads shall be constructed to meet fire code.
      2. Construction Specifications: All Units shall be served by roads constructed to meet the fire code and approved by the Town.
         
   3. Park Access: Access to all Cabin or Tiny Home Parks shall be from a dedicated and approved public street at an approved point or points. No units shall have direct access from a public street nor may traffic enter or exit through a residential neighborhood.
   4. Off Street Parking: Parking spaces that meet fire code standards for roads shall be provided for the minimum parking of two (2) vehicles for each unit.
   5. Recreation Space: Recreation space shall be provided for each Cabin or Tiny Home Park having ten (10) or more units and shall be maintained for such use. A minimum usable area of five thousand (5,000) square feet shall be set aside and developed for each such park and an additional one hundred (100) square feet shall be provided for each unit above ten (10) units. This is in addition to the outdoor living space mentioned in AVLU 10C-6-G. This recreation space is not the open space behind or between units or streets. It is a separate facility common to all units in the development, such as a clubhouse.
   6. Density: The maximum density for a Cabin or Tiny Home Park shall not exceed four (4 ) units per gross acre.
   7. Distance of Units: No unit shall be closer than twenty feet (20'). No unit in a Cabin or Tiny Home Park shall be located closer than the distance required herein.
   8. Minimum Yard Clearances for each unit:
      1. Front or side yard on a public street, fifty feet (50').
      2. Side yard bordering adjacent property, fifty feet (50').
      3. Rear yard bordering adjacent property, fifty feet (50').
6. Other Requirements:
   1. Perimeter Fence: A Cabin or Tiny Home park shall provide a minimum fifty-foot (50') setback/landscaped buffer along any property boundary including a public right-of-way. Decorative fencing is preferred, such as split rail or ranch style wood fencing, though six foot high privacy fencing or block wall may be more appropriate and required in some applications. The project's topography may always be considered in perimeter fencing requirements. For example, a property with a cliff at it's rear or sides may not require any fencing for that area. A property with a wash along it's rear or side property line may require a solid fence installed to provide greater safety to guests. A lower profile fence may also be used to provide better views as long as this does not pose a safety hazard to guests. All structures of fencing proposed within washes or the 100-year flood plain are discouraged and must be designed to meet current and applicable town and state standards.
      
   2. Building Code; Permit: Installation of infrastructure and any Cabin or Tiny Home Park structures shall be done in conformance with the requirements of the current edition of the building code and with approval of the building department, and the issuance of a building permit.
   3. Utilities Required: Each unit shall be connected to water, sewer and electricity. All utility connections shall be located underground. Water plans shall be approved by the Big Plains Water Special Service District and the Town's Public Works Department, and sewer plans shall be approved by Ash Creek Special Service District.
   4. Street Construction: All streets in a Cabin and Tiny Home Park shall meet road standards in the fire code.
   5. All lighting shall comply with AVLU 10.26 Outdoor Lighting Ordinance.
   6. Landscape Plan: A detailed landscape plan shall be submitted for each Cabin or Tiny Home Park, and shall be approved by the Planning Commission.
   7. Outdoor Living Space: Each Cabin or Tiny Home Park unit shall be provided with a minimum of three hundred (300) square feet of "outdoor living" space located adjacent to each unit. Said outdoor living space shall be maintained in a clean and weed free manner and shall be kept free from garbage or debris of any kind.
   8. No tents of any kind may be used in this zone.
   9. All Cabin or Tiny Home Parks shall require a full time (24/7) on-site manager, who shall be responsible for ensuring compliance with the rules and regulations of the Town and safety of the property.
7. Subdivision Requirements: If the Cabin or Tiny Home Park is not intended to be in a single ownership, rather is intended to be sold as individual lots, the subdivision shall then be subject to all applicable requirements of the Town's subdivision ordinance.
8. Site Plan: A site plan shall be required:
   1. The site plan shows the development plan for an individual building site within a specific phase. If there is to be only one phase to the project and all buildings are to be located on one legal lot, a single site plan for the entire project will be permitted.
   2. Site plans must meet all of the requirements for site plan review submittal, including all the Town Standards. Site plans shall be submitted for individual lots within a phase. More than one building may be contained on an individual lot. Site plans shall be submitted to the planning commission and shall meet all of the criteria for site plans as required. Site plan submittals must also contain the following items:
      1. Provide a landscaping plan;
      2. Provide a plan showing how the lot relates to the approved Phase Plan including previously developed sites in the project, the location, required open space, ingress and egress to the lot from the rest of the phase and other adjacent land;
      3. Location of building(s); and
      4. Typical elevations.
         

1. Purpose: The purpose of this zone is to provide for the development of public structures and uses and accommodate institutional development in a scale that integrates sensitively with surrounding residential neighborhoods, which includes uses of a public, nonprofit, or charitable nature generally providing local service on-site to local people.
2. Permitted Uses
   1. Government buildings
   2. Cemeteries
   3. Churches and other buildings for the purpose of religious worship
   4. Convalescent homes, nursing homes, and homes for the aged
   5. Convents, seminaries and retreat centers
   6. Libraries
   7. Lodging, hospitality and care for the infirmed, disadvantaged, handicapped or abused (children, youth and adults)
   8. Museums and art galleries
   9. Nursery schools and day care centers
   10. Orphanages
   11. Police and fire stations
   12. Publicly owned and/or operated parks, playgrounds, community recreation centers and swimming pools
   13. Schools, elementary and secondary (grades K-12) and continuing education adult enrichment centers
   14. Summer camps
       
3. Accessory Uses
   1. Customary accessory buildings and uses
   2. Fences and walls (AVLU 10.36)
   3. Signs (AVLU 10.22)
   4. Uses provided in conjunction with a permitted or conditional use, primarily as a convenience to its occupants, its customers, patients, and employees, and located within the same building as the permitted or conditional use
4. Conditional Uses
   1. Hospitals, clinics and health maintenance organizations
   2. Colleges, universities, vocational, trade schools or other specialized educational facilities
   3. Educational and medical related research facilities
5. Area and Height Regulations for Permitted and Conditional Uses
   1. Minimum Lot Area - 0.25 acres
   2. Front Yard Setback - One hundred fifty (150) feet, only where the property abuts an arterial or collector street
   3. Setback from any Adjacent Residential Zone - One hundred (100) feet
   4. Internal Setbacks - Fifty (50) feet unless otherwise approved in accordance with a Site Plan as provided for in Subsection F(4) of this section
      
   5. Public Safety Building Setbacks - May vary with Town Engineer, Building Official, or Building Inspector approval to allow flexibility based on site-specific conditions.
   6. Maximum Height - Five (5) stories
   7. In the case of this zone, more than one principal building as defined herein, may be permitted on one lot
6. Other Development Controls
   1. Off-street parking and loading and/or unloading facilities shall be provided in accordance with AVLU 10.16.
   2. No outdoor storage of any material (usable or waste)except firewood neatly stacked, shall be permitted in this zone except within enclosed containers.
   3. No lighting shall be permitted which is not in accordance with AVLU 10.26.
   4. No building shall be erected, or structurally altered, nor shall any grading take place on any lot or parcel in the Institutional Zone until a Site Plan Layout has been submitted and approved . Where development is proposed on a parcel of land that is a part of a larger tract of land which is under one ownership, the developer shall also be required to submit a plan for the entire property under said ownership, unless specifically waived by the town, in accordance with the plan requirement. Said plan shall show how the proposed development will be developed as an integral part of the much larger tract, including the coordination of land use and circulation (vehicular and pedestrian) with adjacent tracts of land.  
   5. A minimum of 20% of the total acreage of each site for a permitted use shall be set aside for open space use, exclusive of streets, parking areas, and buildings.
      

1. Purpose. The planned development overlay zone is a floating zone that is unmapped until applied to specific property in accordance with the provisions of this chapter. It is intended to allow development design flexibility, integration of mutually compatible uses, consolidation of open spaces, clustering of dwelling units, and optimum land planning with greater efficiency, convenience and amenity than is possible under conventional zone regulations. To achieve these purposes, a planned development should be planned as one complex land use with a common architectural design theme that provides variety with architectural compatibility, rather than as an aggregation of individual, unrelated buildings located on separate, unrelated lots. A Planned Development Overlay Zone change once approved by Town Council is not complete or final until a Development Agreement has been signed and executed.
   
2. Objectives. Objectives to be accomplished under the provisions of this chapter include:
   1. Create more attractive and desirable environments within the Town. 
   2. Allow a variety of housing types in one development project. 
   3. Encourage variety in physical development patterns, including flexibility in building location. 
   4. Preserve open space for visual enjoyment and recreational use. 
   5. Encourage development on a large scale, since the purposes of a planned development can be best realized in large scale developments.
      

1. The requirements of this chapter shall apply to any planned development within the Town. Such requirements shall not be construed to prohibit or limit other applicable provisions of this title, this Code, or other laws except to the extent such provisions are altered by the requirements of this chapter.
   
   

1. The planned development overlay zone shall be applied only to projects consisting of at least five acres.
   
   

The planned development overlay zone may be used in combination with any zone subject to the requirements of this chapter.

1. Provisions supplementary. The provisions of the planned development overlay zone shall be supplementary to the provisions of the zone with which it is combined and shall not be applied to any land area as an independent zone. 
2. Zone designation. The planned development overlay zone designation shall be shown on the official zoning map in parentheses as a suffix to the zone designation with which it is combined. For example, if the planned development overlay zone were being combined with the commercial (C-1) zone, it would be designated on the official zoning map as "C-1 (PD)."
   
   

Uses allowed in a planned development overlay zone shall be limited to those permitted or conditional uses set forth in the zone with which the planned development overlay zone is combined and the uses set forth in this section. Any conditional use shall be subject to the issuance of a conditional use permit as set forth in this title.

1. Density. Multiple-family dwellings shall be a permitted use in a planned development overlay zone provided total density in a particular planned development project does not exceed the greater of: 
   1. The density permitted by the underlying zone in which the project is situated; or 
   2. The density authorized by a density bonus pursuant to subsection 10-10-128C of this chapter. 
2. Accessory uses. Accessory uses located in a common main building may be permitted. Accessory uses may include recreational facilities and structures, daycare centers, personal services, and RV parking. 
3. Commercial uses. Any commercial use shown in 10.10.030 of this title may be permitted within a planned unit development provided such use is:
   
   1. Specifically authorized as part of a site plan approved pursuant to the provisions of this chapter; and 
   2. Designed as an integral element of the planned development, including building and landscaping design which is consistent with design elements of the development.
      

1. Variations from applicable development standards of an underlying zone and Title 11 may be approved as part of a preliminary site plan for a planned development pursuant to the provisions of this chapter.
2. A variation from the yard requirements set forth in this chapter may be approved if the Town Council, after receiving a recommendation from the Planning Commission, finds such variation meets the approval criteria set forth in subsection 10-10-127B of this chapter and as set forth below. Any such variation shall be explicitly noted in the approval of a preliminary site plan and shall be shown on the approved plan.
   
   1. Variations from the development standards set forth in this chapter are intended to be rare and shall be approved by at least four members of the Town Council. 
   2. The applicant shall bear the burden of persuasion with regard to any request for a variation under this subsection B. Such burden shall include demonstrating that: 
      1. A proposed project which includes a variation is the result of a substantial amount of advanced planning; 
      2. Any adverse conditions which may result from the variation will be mitigated; and 
      3. The variation will result in a substantial benefit not only to persons who will live or work within the project, but also to the Town and its citizens generally.
         
         

1. Approval procedure. Land shall be placed in a planned development overlay zone pursuant to a zoning map amendment as set forth in Section 10.07.070. The a preliminary site plan shall be submitted in conjunction with an application for a zoning map amendment.
2. Approval criteria. Submittal of an application for a planned development overlay zone does not guarantee that the zone or a preliminary site plan will be approved. A zoning map amendment and preliminary site plan may be approved only if the Town Council, after receiving a recommendation from the Planning Commission, finds:  
   1. The proposed planned development overlay zone and associated preliminary site plan: 
      1. Does not conflict with any applicable policy of the Town general plan;
      2. Meets the spirit and intent of this chapter as set forth in section 10-10-121 of this chapter;  
      3. Will allow integrated planning and design of the property and, on the whole, better development than would be possible under conventional land use regulations; 
      4. Meets the use limitations and other requirements of the zone with which the planned development overlay zone is combined, except as otherwise allowed by this chapter; 
      5. Meets the density limitations of the underlying zone, unless a density bonus is granted pursuant to the provisions of this chapter; and 
      6. If a density bonus is authorized, provides superior site design and increased amenities, as provided in subsection 10-10-128C of this chapter, which ameliorate the potential impact of increased density; and 
   2. The applicant has: 
      1. Sufficient control over the property to be developed to ensure development will occur as approved; 
      2. The financial capability to carry out the planned development project; and 
      3. The capability to start construction within one year of final plan approval. 
3. Imposition of conditions. In order to make findings necessary to approve a planned development overlay zone, conditions of approval may be imposed on a preliminary site plan to assure the planned development will: 
   1. Accomplish the purpose of this chapter; 
   2. Be developed as one integrated land use rather than as an aggregation of individual and unrelated buildings and uses; and 
   3. Meet the requirements of the zone in which the proposed development is located except as such requirements are modified by this chapter and as shown on an approved preliminary site plan for the planned development. 
4. Site plan approval. Within 12 months after approval of a planned development overlay zone and a corresponding preliminary site plan, and before the issuance of any building permit, an applicant shall obtain approval of a site plan pursuant to Section 10.07.100 and 10.02.070.
   1. A planned development may be constructed in phases as shown on an approved preliminary site plan. In such case, a site plan shall be submitted for each phase. 
   2. At its discretion and for good cause, the Planning Commission may extend for 12 months for one time only the period for filing a site plan, or in the case of a phased planned development, a site plan for the first phase. If these time requirements are not met, the preliminary site plan approval shall be deemed revoked and the property may be rezoned to remove the planned development overlay zone. 
5. Subdivision requirements. An application for subdivision approval may proceed concurrently with an application for a planned development. Compliance with the requirements of this chapter does not exempt any applicant from meeting the requirements of Title 11 except as may be amended by the provisions of this chapter.
6. Construction limitations. Upon approval of a site plan for a planned development, construction shall proceed in accordance with approved plans and specifications, and in conformity with any conditions associated with preliminary plan or site plan approval. No permit shall be issued for any proposed building, structure or use within a planned development unless such building, structure or use accords with the approved preliminary plan and site plan and with any conditions imposed in conjunction with such approvals. 
7. Amendments. Amendments to approved plans and specifications shall be obtained by following the procedure required for preliminary plan approval.
   
   
   

1. Base density. Base density for a planned development shall be determined as set forth in subsection B of this section. Provided, however, that base density shall not exceed the density permitted in the underlying zone in which the planned development will be situated. 
2. Base density calculation. Base density shall be determined by calculating the number of dwelling units that could be developed on lots in a conventional subdivision under the provisions of the underlying zone where the planned development will be located (referred to as the "yield plan"). 
   1. The yield plan shall be prepared as a conceptual plan based on requirements of this Code that pertain to a conventional subdivision and shall reflect the dimensional (lot area, frontage, width, setbacks, etc.) and other standards of the underlying zone in which the proposed planned development will be located. 
   2. The yield plan shall be drawn to scale, but need not be based on a field survey. Each yield plan shall, however, exhibit a realistic layout reflecting a development pattern that could reasonably be expected to be implemented, taking into account the presence of wetlands, floodplains, steep slopes, existing easements and other encumbrances on the property and any other regulatory requirements applicable to the property.
3. Density bonus. The Town Council, after receiving a recommendation from the Planning Commission, may authorize a density bonus of up to 20 percent above the base density for a planned development. The purpose of a density bonus is to provide an incentive to an applicant to provide amenities that are not required by this chapter or the applicable underlying zone, and which otherwise would not be provided.
   
   1. The basis for granting a density bonus shall be included in the findings required to approve a planned development set forth in subsection 10-10-127B of this chapter. 
   2. A density bonus may be authorized based upon provision of one or more of the following amenities. The maximum density bonus granted for any one class of amenities shall not exceed the percentage indicated. 
      1. Enhanced overall design theme (up to five percent): 
         1. Landscaping is designed and installed along all streets of the development according to a theme which provides overall design unity; 
         2. Theme lighting is used throughout the development for street lighting, walkway lighting, parking areas, entrances, and building exteriors; 
         3. Perimeter fencing is used throughout the project that matches building design, such as, masonry columns or piers using the same brick or stone as the buildings; and 
         4. Special features such as fountains, streams, ponds, sculptures, buildings or other elements which establish a strong design theme for the development and are utilized in highly visible locations. 
      2. Improved building design (up to five percent): 
         1. Seventy-five percent of the front exterior of each dwelling, exclusive of windows or doors, consists of brick or stone; 
         2. Required parking for each unit is provided within a garage. 
      3. Improved energy efficiency (up to five percent): 
         1. Dwellings and main buildings have insulation greater than R-19 in walls and R-38 in ceilings; and 
         2. Dwellings are designed with an active or passive solar feature, including, but not limited to, solar water heaters, Trombe walls, earth insulation of building walls. 
      4. Parking upgrades (up to five percent): 
         1. Parking lots are screened from public view by means of increased berming or landscaping around the parking lot perimeter; 
         2. Parking lots have landscaped islands beyond the minimum required by this title; 
         3. Additional and/or larger trees that will shade 50 percent of the parking area upon tree maturation; and 
         4. Provision of screened recreational vehicle parking areas. 
      5. Provision of usable open space (up to five percent): 
         1. Open space is integrated into the entire development and is connected to developed areas by a system of trails and walkways; and 
         2. Stormwater detention facilities are designed, landscaped, and used for multiple purposes that are consistent with the overall design of the planned development and which reduce the perception of the area as a stormwater detention pond. 
      6. Provision of recreational facilities (up to five percent): 
         1. The planned development includes recreational amenities primarily for the use by residents of the development, including swimming pools, sports courts, spas, barbecue and picnic facilities; 
         2. Development of one or more common buildings used for meetings, indoor recreation, daycare, or other common uses; and 
         3. Dedication and improvement of land for a publicly accessible park or trail system, subject to acceptance by the Town.  
      7. Increased landscaping (up to five percent): 
         1. Planting more than the minimum number of trees, shrubs, and other landscaping required by this title; and 
         2. Use of landscaping to soften the appearance of wood or masonry fences and walls. 
      8. Utilization of recommended design and compatibility guidelines set forth in the Town Design Standards (up to five percent).
         
         

The development standards set forth in this section shall apply to any planned development and shall prevail over any contrary standard established in residential zones of this title.

1. Residential use types. Residential use types within a planned development shall be shown on an approved site plan and may include one or more of the following: 
   1. Single-family detached dwelling. This dwelling type consists of a single-family dwelling located on a privately owned lot which is not attached to another dwelling unit and has a private yard on all four sides of the dwelling. 
   2. Twin home dwelling. This dwelling type consists of a single-family dwelling which has one common wall with another dwelling. 
   3. Townhouse dwelling. This dwelling type consists of three or more single family dwelling units where each unit has its own front and rear exterior access, no unit is located above or below another unit, and each unit is separated from any other dwelling unit by one or more common walls. 
   4. Multiple dwelling. This dwelling type consists of single-family dwelling units arranged in a variety of configurations including back to back, side to side, or vertically. 
2. Lot area and width. A planned development shall not be subject to the lot width and lot area requirements of the underlying zone in which the development is located. The area and widths of lots shall be shown on an approved site plan. 
3. Lot and dwelling location requirements. Where possible, dwelling lots should be accessed from interior streets rather than from roads bordering a planned development. 
4. Required yards. Minimum required yards shall be as follows: 
   1. Front yard.
      1. Dwellings: Nineteen (19) feet from back of curb. 
      2. Garages with doors facing the street: at least twenty (20) feet from back of sidewalk to accommodate cars parked in driveways. 
   2. Side yard.
      1. Single-family dwelling: five (5) feet. 
      2. Accessory buildings: three (3) feet from a property line and ten (10) feet from a dwelling located on the same lot or property. 
      3. All other uses: ten (10) feet. 
   3. Aggregate side yard (on the same lot).
      1. Single-family dwelling and twin home: fifteen (15) feet. 
      2. All other structures: twenty (20) feet. 
      3. All other uses: ten (10) feet. 
   4. Rear yard.
      1. Single-family dwelling: ten (10) feet. 
      2. Garages and accessory buildings located ten (10) feet from main building: five (5) feet. 
      3. All other structures: ten (10) feet. 
5. Distance between buildings. The minimum distance between main buildings shall be ten (10) feet. Main buildings include all buildings in a common area. The minimum distance between accessory buildings, such as garages, may be four (4) feet if the accessory building is located at least ten (10) feet from a main building.
6. Tract perimeter setback and buffer requirements. Structures shall be situated so as to maintain a minimum setback from any tract property line equivalent to the front rear yard setback of the adjoining zone. 
7. Walls and fences. Walls and fences may be required around the perimeter of a planned development where the development abuts an adjacent zone. 
8. Height of buildings. The maximum residential building height permitted in the underlying zone shall apply unless the terms of a development agreement have set other standards. 
9. Commercial and industrial. Development standards for commercial and industrial uses shall be the same as for AVLU 10.10.030 Commercial and AVLU 10.10.040 Industrial zones. 
10. Common areas.
    1. Areas intended for public use shall be freely accessible from streets and/or other common areas that have unrestricted entry. Areas intended for restricted use shall be interspersed within residential development so as to convey a sense of openness within the planned development. Residential development may not totally exclude open space from fronting onto streets at appropriate intervals. 
    2. Common areas shall include all jointly used recreation areas and related landscaping provided for the use and/or visual enjoyment of the residents of the project. Common recreation areas shall be located and improved so they may be readily accessed and used by residents of the dwelling units they are intended to serve. Where necessary, walls or landscaping may be required to protect the privacy of adjoining residents. 
    3. Common areas may include: 
       1. Natural areas of undisturbed vegetation or areas replanted with vegetation after development. 
          1. Use and maintenance shall be limited to removal of litter and accumulated plant material. 
          2. Natural waterways and drainage channels shall be maintained as free flowing and devoid of debris. 
          3. Stream channels shall conform to the town stormwater management requirements and be maintained so as not to alter floodplain levels. 
       2. Agricultural uses where conditions are suitable for agricultural production. Minimum areas for agricultural use designation shall be five acres. 
       3. Garden plots for use by residents. 
       4. Greenways, including pedestrian-ways, bike paths and equestrian trails linking residential areas with other open space uses. 
       5. Recreation areas designed for specific recreational activities such as children's play areas, playing fields, tennis courts, and similar facilities. 
       6. Stormwater control and management areas that are designed, landscaped, and used for multiple purposes that are consistent with the overall design of the planned development and which reduce the perception of the area as a stormwater detention pond. 
       7. Roads, buildings and other impervious surfaces as needed to support common open space use. A determination as to whether the roads, buildings or other impervious surfaces may function as common open space shall be made in conjunction with approval of a preliminary site plan. 
11. Public and community facilities. In addition to dwellings, a planned development may include areas for schools, churches, public or private recreation buildings, and other similar community facilities. 
12. Required improvements.
    1. All streets shall be public streets and shall be established according to public street standards adopted by the Town.  
    2. Curb and gutter shall be required along each side of all streets except: 
       1. Where an approved stormwater management system eliminates the necessity of the curb and gutter function; and 
       2. Where the roadway is approved for construction according to Town street standards. 
    3. Sidewalks shall be installed along both sides of all streets except where alternate pedestrian-ways are provided as part of an approved preliminary site plan. 
    4. Stormwater shall be controlled and managed according to a plan approved by the Town.  
    5. Water and sewer systems shall be provided in accordance with standards of Title 11, subdivisions.
    6. Irrigation water, street signs, street lighting, fencing, and any other required improvements shall be provided in accordance with Town standards. 
    7. Other utilities and improvements shall be provided and installed in accordance with Town standards.
13. Maintenance of common areas. If common areas are provided within a planned development, adequate guarantees shall be provided to protect such common areas from future development. No certificate of occupancy shall be issued for any structure in a planned development until all required guarantees have been submitted to and approved by the Town. The developer of a planned development may elect any of the following to preserve common areas: 
    1. Fee simple donation. A fee simple donation of any portion of common area land may be made to the Town so long as the Town agrees to accept such donation. Upon receipt of such donation the Town shall impose a conservation easement on such land. 
    2. Condominium association. Common areas and facilities may be controlled by a condominium association as provided in the Utah Condominium Ownership Act. All common area land and facilities shall be held as a "common element." 
    3. Homeowners' association. Common area land and facilities may be owned by a homeowners' association, subject to applicable provisions of state law. The developer shall provide the Town with a description of the organization of the proposed association, including its bylaws, and all documents governing ownership, maintenance, and use restrictions for common facilities. The proposed association shall be established by the owner or applicant and shall be operating (with a financial subsidy from the developer if necessary) before the sale of any dwelling units in the planned development. The association documents shall include the following provisions: 
       1. Membership in the association shall be mandatory for each owner and its grantees, successors and assigns. 
       2. Restrictions concerning common open space and/or facilities shall run with the land and not for a period of years.
       3. The association shall be responsible for the maintenance of all common open space and/or facilities, liability insurance on all common open spaces and/or facilities and paying general property taxes on all common open spaces and/or facilities. 
       4. In the event the association does not maintain private common open space areas and facilities as shown on an approved site plan, the Town may perform any required maintenance and may thereafter recover all costs incident to performing the required maintenance from the association and/or each of its members. 
       5. Members of the association shall pay their pro rata share of costs of upkeep, maintenance, and operation of common open space and/or facilities and/or improvements not dedicated to the Town. The association bylaws shall confer legal authority on the association to place a lien on the real property of any member whose dues become delinquent. The bylaws shall also provide that such delinquent dues and all accrued interest shall be paid before the lien may be removed. 
       6. Written notice to all association members and to the Town shall be provided no less than 60 days prior to any proposed transfer of any common area land or facility, or the assumption of maintenance for common area land or facility. No such transfer shall be effective unless approved by the Town, which approval shall not be unreasonably withheld so long as it is consistent with the provisions of this chapter and applicable law. 
    4. Private conservation organization or the Town. Fee simple title of common area land or conservation easements may be transferred to a private nonprofit conservation organization or to the Town having jurisdiction where the land is located. 
    5. Grant of easements to the Town. The Town may, but shall not be required to, accept easements for public use of any portion of common area land or facilities. Such land shall be subject to a satisfactory maintenance agreement between the developer and the Town. 
    6. Noncommon private ownership. Common area land and facilities may be located on one or more privately owned lots of at least five acres provided that the lot is restricted from future development through a conservation easement, except uses allowed by an approved site plan. 
14. Protective covenants. A declaration of building use restrictions (protective covenants) shall be required for each planned development and phase thereof. The declaration in original form bearing appropriate signatures and certifications shall be submitted to the Town for approval, which approval shall not be unreasonably withheld. Such protective covenants shall include provisions that: 
    1. An architectural control committee shall approve plans for all buildings proposed for erection, placement, or alteration with the planned development. The Town may require that building permit applications show evidence that the architectural control committee has approved each building plan. 
    2. No person, firm or entity shall change, modify or amend any of the conditions of a recorded declaration of building use restrictions for a planned development without first obtaining Town approval. No change shall be approved which would be contrary to the requirements of this chapter or an approved preliminary plan.