Brigham City City Zoning Code
AVIAN SHORES
PLANNED DISTRICT
§ 156.285 PURPOSE AND INTENT.
The purpose and intent of establishing the Avian Shores Planned District along 1200 West Street and 400 South Street is to create a dynamic and vibrant area that fosters the orderly development of residential uses along with potential neighborhood commercial uses that would service the residential area. This district is intended to support the city’s and Box Elder County's economic growth by promoting residential density and job creation. The district's development plan provides general guidance on the location and density of residential units and land uses compatible with adjacent properties, ensuring adequate infrastructure and services.
(Ord. 25-22, passed 11-6-2025)
§ 156.286 PLANNED DISTRICT.
The Avian Shores Planned District shall apply to specific properties within the city, located in the general area of 1200 West Street and 400 South Street as shown in Exhibit "A" of Ordinance 25-22.
(A) Zoning district established. P-R-M-7 (Planned - Multiple Residential).
(B) Uses. The following uses are allowed within the P-R-M-7 District, which otherwise may not be listed in the underlying R-M-7 zoning district:
(1) The underlying zone is Multiple Residential District R-M-7. All uses allowed under the same permitted or conditional use designation as in other Multiple Residential District R-M-7 districts are hereby allowed in this Planned District, except for limitations in division (D).
(2) Additional permitted uses allowed and incorporated in the P-R-M-7 District, as defined, as applicable, in division (C) of this section.
(a) Assisted living facility;
(b) Day care center (non-residential);
(c) Church; religious institution;
(d) Condominiums;
(e) Community recreation facility;
(f) Educational institution;
(g) Live-work units;
(h) Neighborhood commercial (Not a vested use. Requires additional planning, establishment of standards and regulations, and amendment to this Planned District prior to submission of any application);
(i) Townhomes.
(C) Definitions. The following terms used in divisions (B) and (D) of this section, and not defined in this Chapter 156, have these specific meanings within the Avian Shores Planned District area:
COMMUNITY RECREATION FACILITY. A public or semi-private space designed to support recreational, social, educational, and physical activities for residents within the community. The facility is operated either by the city or an established homeowner's association (HOA), aimed to improve the well-being, health, and social connection of residents, and typically accessible to residents of all ages and abilities, promoting inclusion, healthy lifestyles, and community engagement.
LIVE-WORK UNITS. A type of building or space designed to combine residential and commercial uses within the same unit. These spaces allow individuals to live and work in the same location, typically with a layout that accommodates both living quarters and workspace, such as an office, studio, or retail area. A live-work unit enables an owner to use the commercial space as an office, studio, or retail, or rent it to another business. The commercial space must be designed on the ground floor with the residential space above. Live-work units can play an integral role in creating vibrant, diverse, walkable neighborhoods.
(D) Limitations (uses not allowed within the Planned District). Any type of dwelling not platted and recorded with the Box Elder County Recorder's office for home ownership.
(E) General Development Plan. The submitted site master plan and open space and trail master plan incorporated as Exhibits "A" and "B" of Ordinance 25-22, respectively, shall serve as the General Development Plan for the Avian Shores Planned District. The development shall include a variety of housing types, including single-family lots, townhomes, and condominiums. A balanced housing mix shall be maintained to ensure compatibility with adjacent land uses and to support a diverse neighborhood. Minor modifications of the housing mix (excluding apartments) based on market demand are permissible provided all changes remain consistent with the Planned District standards and regulations. Significant revision to the development plan requires an amendment to this Planned District. The applicable land use application for final design and construction plans shall be submitted for Planning Commission review and approval as outlined in the land use code. The exact layout and number of units may differ from the submitted site plan based upon site design adjustments, parking requirements, open space and trails. Any school (educational institution) or church (religious institution) sites, which are encouraged to be located in residential neighborhoods, does not constitute an amendment to the Planned District, but does require the plans to be submitted for Planning Commission review and approval as outlined in the land use code.
(Ord. 25-22, passed 11-6-2025)
§ 156.287 STANDARDS AND REGULATIONS.
The following provisions apply specifically to this Planned District. While the district is also subject to the standards and regulations outlined in this code, if there is any conflict between those standards and regulations the provisions stated within this section or on the General Development Plan, the Planned District standards and regulations or the approved General Development Plan shall apply.
(A) Standards for density, height regulations, and parking, shall be governed by the standards of the R-M-7 District. The Planned District provides flexibility for lot sizes and yard requirements (setbacks) to allow a variety of lot sizes and housing types, and for compatible design with mixed-uses, and street scale. Design flexibility must provide a variation of lot sizes. The overall density of the Planned District area, excluding the city properties, is limited to a maximum of seven dwelling units per acre.
(B) Standards for public improvements shall be governed by applicable adopted city ordinances and laws, including the current adopted edition of the City Public Work Standards.
(C) Landscaping and screening.
(1) Landscaping standards shall be governed by the standards of the R-M-7 District.
(2) Plantings shall include drought tolerant designs where appropriate.
(3) The landscape and screening plan shall be submitted with the final design and construction plans for Planning Commission review and approval.
(4) Trees adequately spaced and separated throughout the residential areas of the Planned District, according to a final landscaping plan approved by the City Forester.
(D) Architectural controls. New building construction is intentionally allowed to be flexible, creative, and evolve with modern architectural designs. The architecture shall substantially follow the thematic elevations in Exhibit "C" of Ordinance 25-22. Modifications, especially with residential industrial building standards, can change over time. In that event, a variation to the thematic elevations provided in Exhibit "C" of Ordinance 25-22 is allowed. Where there are significant and uncharacteristic changes, new elevations are to be submitted for Planning Commission consideration for approval.
(E) Fencing plan. The fencing plan shall be submitted with the final design and construction plans for Planning Commission review and approval. See 1200 West Street Corridor division (H), for specific fence and/or wall requirements.
(F) Phasing plan. Phasing shall be permitted. Phasing plans shall be submitted with the final design and construction plans for Planning Commission review and approval.
(G) Subdivision platting. All phases of the development shall be processed and recorded as standard subdivisions. Townhome and condominium phases shall be platted and recorded to support individual ownership and utility service.
(H) 1200 West Street Corridor.
(1) Direct access onto or from 1200 West Street is not allowed, except for public streets and utility parcels as approved by City Public Works Director and City Engineer. 1200 West Street is designated as a limited access corridor;
(2) Developer shall install a low maintenance safety barrier fence or wall to ensure privacy and safety. Said fence or wall design is to be coordinated and approved by the City Staff ORT prior to installation;
(3) Landscaping along 1200 West shall meet the city's 1200 West Street corridor standards. Developer is responsible for installing the landscape and city is responsible to maintain the landscape.
(I) Trail master plan. The alignment of trails within the development shall be generally consistent with the layout depicted in the trail master plan attached as Exhibit "B" of Ordinance 25-22. It is understood that the plan may be modified as approved by the Brigham City ORT (Development Review Team) as development progresses to accommodate subdivision layouts, topographical conditions, and accessibility requirements. The overall objective is to establish a public trail system with potential connections to external trail networks beyond the boundaries of the Planned District.
(1) Developer to install trails.
(2) City to maintain trails once dedicated to the city.
(3) The surface for city dedicated trails shall be concrete for trails less than eight feet in width, asphalt for trails eight feet and greater, unless otherwise approved by the Brigham City ORT, and except for the Historic Orchard Path which is a ten-foot-wide concrete surface pathway.
(4) Trails labeled as "potential trail alignment" identifies a potential trail location connecting to the trails in the Planned District at a future time and requires property owner approval and coordination.
(J) Recreation and playground areas. Usable recreation area standards for the residential parcels will be as required under the R-M-7 District, subject to the following superseding clarifications:
(1) Any on-site, above grade storm drainage detention basin may count toward a portion of the recreation area if the applicant provides sufficient evidence that the basin is safe for recreational purposes and usable pertaining to the area, slope and landscape;
(2) Indoor recreational facilities shall count toward the required square footage and may include club rooms, fitness areas, spas, game rooms and other similar facilities;
(3) Pathways or trails within the designated areas may be included in the calculation (although portions of sidewalks which border a parking lot and/or building are not considered recreation area).
(K) Street connectivity.
(1) Streets shall connect throughout the neighborhoods within the Planned District.
(2) Cul-de-sacs are not allowed unless there is no feasible way to connect to another street due to a physical natural barrier.
(3) Stub streets shall be extended to the end of the Planned District boundary.
(L) Signage.
(1) A master sign plan, which may include neighborhood identification signs, trail signs, and wayfinding signs shall be submitted for Brigham City Staff ORT review and approval. All other signage, including neighborhood commercial and live-work units, shall comply with this code sign regulations.
(2) Traffic control signs and street signs shall comply with adopted city standards and policy.
(M) Outdoor lighting. Subject to § 156.361.
(Ord. 25-22, passed 11-6-2025)
§ 156.288 EXPANSION OR ANNEXATION OF ADDITIONAL PROPERTY.
(A) The developer may apply to expand the boundaries of the Avian Shore Planned District or annex additional property into the District as the developer acquires more property adjacent to the current district boundaries. Any expansion or annexation shall be subject to approval by the City Council. The inclusion of additional property shall be incorporated into the terms of this District and shall adhere to the provisions outlined herein, as applicable.
(B) City-owned property inclusion. If the city identifies adjacent or internal city-owned property as advantageous for development or community benefit, such property may be incorporated into the Avian Shores Planned District, subject to City Council approval, and may include park or recreational amenities, fee-in-lieu contributions, or open-space improvements.
(Ord. 25-22, passed 11-6-2025)
