Ferron City Zoning Code
CHAPTER 7
LARGE SCALE DEVELOPMENTS
10-7-1: DECLARATION OF LEGISLATIVE INTENT:
The intent and purpose of the large scale development regulations shall be:
A. To provide a means for encouraging the orderly development of the City.
B. To permit maximum use of water, soil and other natural resources, consistent with the need to conserve and protect such resources.
C. To promote the efficient use of land.
D. To facilitate a more economic arrangement of buildings, circulation systems, land use, drainage and utilities.
E. To provide greater variety in building sites and living accommodations in a more wholesome environment than would otherwise be possible under conventional land development procedures.
F. To ensure high quality construction within the development.
G. To establish the rights, duties and responsibilities of land developers with respect to the development of land. (Ord. 4-8-86, 4-8-1986)
10-7-2: MINIMUM REQUIREMENTS:
The requirements and conditions set forth in this Title pertaining to each type of large scale development are the minimum requirements which must be imposed in order to achieve the intent and purposes as herein set forth. In the event that a developer does not desire to comply with the requirements and conditions relating to a large scale development, he may develop his land in accordance with regulations which apply to land within the zone that surrounds his large scale development. (Ord. 4-8-86, 4-8-1986)
10-7-3: PERMITTED TYPES AND LOCATION:
The following types of large scale developments may be constructed, but may be located only in the zone(s) in which such development is listed as a permitted use:
A. Planned unit developments.
B. Condominium projects.
C. Mobile home parks.
D. Recreation vehicle court.
E. Planned shopping center development. (Ord. 4-8-86, 4-8-1986)
10-7-4: PROCEDURE FOR APPROVAL:
Any person wishing to obtain approval to construct a large scale development shall comply with the following procedure:
A. Initial Conference With Zoning Administrator: The developer shall obtain from the Zoning Administrator, information concerning the procedures, requirements and documents relating to the approval of a large scale development.
B. Application For Preliminary Plan Approval: The developer shall complete an application for preliminary plan approval on forms furnished by the Zoning Administrator and shall prepare a preliminary plan. Said preliminary plan shall include all of the maps, statements, documents and other information required under the preliminary plan requirements of the applicable type of large scale development.
C. Submit Application And Preliminary Plan: The developer shall submit four (4) copies of the application for approval and all maps, charts, statements, documents and other information required under the applicable preliminary plan requirements, together with a review fee. In order for the development to be placed on the agenda, the application must be submitted to the Zoning Administrator at least fifteen (15) days prior to the regularly scheduled meeting at which the application is to be considered.
D. Planning Commission Review And Action:
1. The Planning Commission shall review the preliminary plans, documents and statements and shall act to approve or disapprove the proposal or approve it subject to modification. The action of the Planning Commission shall be communicated to the City Council within thirty (30) days following receipt of the application.
2. Approval by the Planning Commission shall not constitute final approval of the project but shall be deemed as a positive recommendation to the City Council that a public hearing on the proposed project be advertised and held.
E. Planning Commission Submits To City Council: Upon approval of the preliminary plan, documents and statements by the Planning Commission, two (2) copies shall be submitted for review by the City Council.
F. City Council Review; Public Hearing: The City Council shall review the preliminary plans, documents and statements and shall advertise and hold a public hearing on the proposed project. Said hearing shall be called in the same manner as an amendment to this Title.
G. City Council Action On Preliminary Plans:
1. Following the public hearing, the City Council shall act upon the preliminary plans, documents and statements to approve, disapprove or approve subject to modification.
2. If disapproved, no further action is required. If approved subject to modification, the plans, documents and statements shall be returned to the Planning Commission with instructions that the developer should modify the plans, documents and statements in accordance with changes recommended and resubmit the modified proposal to the Planning Commission for their review and recommendation.
3. If approved, the preliminary plans, documents and statements shall be returned to the Planning Commission with instructions to authorize the developer to proceed to prepare and submit the final plans, documents and statements.
4. Upon passage of a motion to approve the preliminary plans, the City shall be committed to grant final approval of the final plans, documents and statements upon compliance with all procedures, standards, requirements and any conditions attached to said approval relating to the applicable large scale developments.
5. The preliminary plans and documents shall be valid for twelve (12) months from the date of action by the City Council. The time limit may be extended for an additional year upon approval by the Planning Commission. Any extension of time shall be officially requested in writing and submitted to the Planning Commission office thirty one (31) days prior to the end of the twelve (12) month preliminary approval period. No construction shall be permitted until final plans have been approved by the City Council.
H. Final Plans, Plats, Documents And Statements Submitted:
1. After receiving authorization to proceed, the developer shall prepare and submit to the Planning Commission:
a. Application for final approval.
b. Two (2) linen or reproducible tracings and four (4) copies of the final plat where required. (Ord. 4-8-86, 4-8-1986)
c. Four (4) copies of the final plans. (Ord. 4-8-86, 4-8-1986; amd. 1998 Code)
d. Three (3) copies of the final documents and statements.
e. Three (3) copies of an itemized estimate of the cost of constructing the required improvements.
f. Evidence of payment of review and recording fee.
g. Documents conveying water rights to City (see Section 10-7-14 of this Chapter).
2. All submissions shall be prepared in accordance with City standards. In order for the development to be placed on the agenda, the final plans, plat and documents must be submitted to the Planning Commission office at least seven (7) days prior to the meeting at which the plans are to be considered.
I. Planning Commission Action:
1. When the plans, plat, documents, cost estimates and other materials required for approval have been completed in final form, the developer may make application to the Planning Commission and the Planning Commission will grant final approval after reviewing the final plan and ascertaining that:
a. The final plans conform substantially with those given preliminary approval.
b. The final plat complies with the requirements and standards relating to the applicable type of large scale development.
c. The final documents comply with the ordinances relating to the applicable type of large scale development.
d. The estimated of cost of constructing the required improvements are realistic.
e. Tax liabilities of the common open space (wherever a large scale development involves the reservation of common open space) have been determined.
2. Upon a finding of approval, the chairperson shall be authorized to sign required final plats.
J. Required Improvements Or Post Performance Guarantee: Upon approval of the final plans, plats and documents by the Planning Commission, the developer shall construct the required improvements or post performance guarantees in accordance with provisions of Section 10-7-7 of this Chapter.
K. City Council Action: After the Planning Commission has approved the final plans, plats, documents, cost estimates and tax liabilities of the common open space, where applicable, a copy of the same shall be submitted to the City Council for its approval. The City Council will review said plans, plats, documents, cost estimates and tax liabilities and, subject to a properly presented motion by a member of the City Council, approve said plans; execute all appropriate documents, agreements and final plats; and accept all public dedications. Final approval by the City Council shall be by adoption and publication of an ordinance amending the Official Zone Map to show and identify the area included within the development. Upon adoption and publication of the ordinance, the specific requirements of the underlying zone shall be considered modified in conformance with the said plans, plats, documents and agreements as approved by the City Council.
L. Amendments: The plans, plats, documents and statements may be amended by following the same procedure required for initial approval. No change shall be made which is contrary to the intent of the City's Land Use Plan or the standards and requirements of this Title. Any amendment of a recorded final plat which also qualifies as a subdivision shall not be approved or recorded until the existing recorded plat has been vacated. (Ord. 4-8-86, 4-8-1986)
10-7-5: PLANNING, DESIGN AND DOCUMENTATION REQUIREMENTS:
The layout and design of all large scale developments and all plans, plats, documents, agreements, statements and other required submissions shall be prepared in accordance with City standards as directed by the Planning Commission. (Ord. 4-8-86, 4-8-1986)
10-7-6: CONSTRUCTION REQUIREMENTS:
A. According With Plans: All individual large scale developments shall be constructed in accordance with the approved final plans and all final plans, plats, documents and agreements shall be binding on the developer, his successors, grantees and assignee and shall limit the use of the land in the development as set forth in the approved plans, documents and agreements. In the event that the developer performs construction work which is not in accordance with approved final plans, the City Engineer or other authorized representative shall cause further work to be discontinued and the City Council shall obtain compliance or shall revoke all permits relating thereto.
B. Construct Within Permitted Time Period: All improvements required under the terms of the applicable type of large scale development shall be constructed within the time period specified for the duration of the guarantee of performance, except that the City Council, upon recommendation of the Planning Commission, may require the developer to install the landscaping on all or part of the common open space or to construct other specific required improvements on all or part of an approved large scale development within a time period which is less than the maximum time period specified but which shall not be less than six (6) months from the date of said approval. If no development has occurred pursuant to the adopted plan within twelve (12) months after the date of final approval, the City Council may revoke any building permits issued and initiate proceedings to repeal all approvals for the project.
C. Stage Construction Permitted: Development may be carried out in progressive stages, provided assurance is given to the City Council that the requirements and intent of this Title with respect to each stage, shall be fully complied with. Each stage shall be considered as a separate application.
D. Quality Of Construction: The developer shall be responsible for the quality of all materials and workmanship. (Ord. 4-8-86, 4-8-1986)
10-7-7: GUARANTEE OF PERFORMANCE:
A. Bonds Or Other Financial Guarantees:
1. Type And Amount: The performance guarantee shall be acceptable to the City Council. Said guarantee may be in the form of:
a. Cash deposit.
b. Performance bond.
c. First mortgage on real property which is unrelated to the project.
d. Letter of credit from a recognized financial institution.
e. Other type as approved by the City Council.
2. Amount: The amount of the guarantee shall be in an amount or value equal to one hundred ten percent (110%) of the required improvements as determined by the City Engineer.
3. Duration: The duration of the bond or other assurance shall be for two (2) years from the effective date of ordinance approving the large scale development.
4. Extension:
a. An extension of time may be granted by the City Council upon application by the developer, provided such application is submitted at least sixty (60) days prior to the expiration of the bond, and provided the issuer of the bond is willing to extend the time of the assurance.
b. The City Council may, upon appeal of the developer, grant a limited extension of the time limit, not to exceed ninety (90) days, without the necessity of filing the sixty (60) days' notice as required above, when it is determined by the City Council that failure to perform is due to conditions beyond the control of the developer.
5. Default: In the event the developer is in default or fails or neglects to satisfactorily install the required improvements within two (2) years from the date of approval of the ordinance by the City Council, or to obtain an extension of the time limit, or to pay all liens in connection with the development, the City Council may declare the bond or other assurance forfeited and the City may install or cause the required improvements to be installed using the proceeds from the collection of bonds or other assurance to defray the expense thereof.
6. Final Disposition And Release: The subdivider shall be responsible for the quality of all materials and workmanship. At the completion of the work, or not less than ten (10) days prior to the release date of the bond or other assurance, whichever is first, the City Engineer shall make a preliminary inspection of the improvements and shall submit a report to the City Council setting forth the condition of such facilities. If all liens are paid and other conditions thereof are found to be satisfactory, the City Council shall authorize release of the bond or other assurance. If the condition of material or workmanship shows unusual depreciation or does not comply with the acceptable standards of durability or if any outstanding liens are not paid, the City Council may declare the subdivider in default.
B. Final Approval Withheld Pending Construction:
1. Duration Of Period: The period of time for which final approval may be withheld from a large scale development plan shall be not more than one hundred eighty (180) days. An extension of the time, not to exceed ninety (90) days, may be granted upon application of the developer to the approving authority submitted at least sixty (60) days prior to the scheduled action date.
2. Inspection Of Improvements:
a. Upon notification of completion of required improvements or not less than ten (10) days prior to the scheduled date for action on a withheld large scale development plan, whichever is first, the City Engineer shall make a preliminary inspection of the improvements and shall submit a report to the City Council setting forth the condition of such facilities. If all liens are paid and the condition of said improvements are found to be satisfactory, the City Council shall authorize the Mayor to grant final approval for said large scale development, to execute all required signatures and to publish the amending ordinance as required by law.
b. If the developer fails to construct the required improvements within the specified time, or fails to obtain an extension of said time limit, or if the condition of material or workmanship shows unusual depreciation or does not comply with acceptable standards of durability or if any outstanding liens are not paid, the City Council may:
(1) Require that said improvements be constructed or reconstructed prior to authorizing the recording of any ordinance or issuance of any building permits; or
(2) Refuse to authorize the publishing and/or recording of any ordinances or documents and to withhold all occupancy and building permits. (Ord. 4-8-86, 4-8-1986)
10-7-8: CONTINUING OBLIGATION:
It shall be the obligation and duty of the developer or his successors or assignees to carry out the conditions made applicable to the development plans, documents and agreements. In case of failure or neglect to comply with any and all of the conditions and regulations as herein established and as specifically made applicable to a large scale development, neither the City Engineer, Building Inspector, Zoning Administrator, nor the Planning Commission shall issue a certificate of zoning compliance therefor. Such failure or neglect to comply with the construction and ongoing requirements as herein set forth or to maintain the buildings and premises in accordance with conditions of approval or the plans, documents and agreements, or to maintain the impound account as required shall also be deemed to be a violation of this Code and a breach of agreement between the developer, his successors or assignees and the City. (Ord. 4-8-86, 4-8-1986)
10-7-9: REGULATIONS ESSENTIAL:
All of the regulations relating to large scale developments are the minimum regulations that are needed to carry out the purpose and intent of this Chapter. (Ord. 4-8-86, 4-8-1986)
10-7-10: STANDARDS MAY BE INCREASED:
The Planning Commission may increase standards where it is determined that such increased standards are necessary in order to ensure that the development will mesh harmoniously with adjoining or nearby uses of property and are necessary to carry out the intent of this Chapter. (Ord. 4-8-86, 4-8-1986)
10-7-11: SALE OF PROPERTY UNDER CONDOMINIUM OWNERSHIP ACT:
Where all or part of a large scale development is to be sold under the provisions of the Condominium Ownership Act as set forth in title 57, chapter 8, Utah Code Annotated, as amended, said development shall be submitted and approved in accordance with the provisions of this Chapter. This requirement shall be in addition to all other requirements. (Ord. 4-8-86, 4-8-1986)
10-7-12: RECORDING UNAPPROVED PLAN, PLAT OR DOCUMENTS:
It shall be unlawful to record any plan, plat, documents or statements for a large scale development or any amendment thereto in the office of the County Recorder unless the same shall bear thereon final approval of the Planning Commission and the City Council as required by the terms of this Code. Any owner or agent of any owner of land which is located within a purported large scale development who transfers or sells any land or structure in such purported large scale development before the plan is given final approval by the Planning Commission and City Council and recorded in the office of the County Recorder shall be guilty of a Class C misdemeanor and subject to penalty as provided in section 1-4-1 of this code for each lot or parcel of land or structure so transferred or sold. (Ord. 4-8-86, 4-8-1986; amd. 1998 Code)
10-7-13: STANDARDS AND SPECIFICATIONS PREPARED:
The planning commission shall have the responsibility for preparing standards, specifications and typical examples for the design, quality and content of all required plans, plats, improvements and legal documents. Said standards and specifications shall be adopted by resolution by the city council. Said requirements shall be considered minimum and shall apply to all large scale developments under all ordinary circumstances; provided however, that where the developer can show that a provision of these standards and specifications would cause unnecessary hardship if strictly adhered to and where, because of topographical or other conditions peculiar to the site, in the opinion of the planning commission, a departure may be made without destroying the intent of such provisions, the planning commission may authorize a variance. Any variance so authorized shall be stated on the final plat and the reasons for such departure shall be entered in writing in the minutes of the planning commission. (Ord. 4-8-86, 4-8-1986)
10-7-14: WATER RIGHTS CONVEYED TO CITY; EXCEPTIONS:
A. Shares Required: The city council shall require all developers of all large scale developments to convey to the city the rights to not less than one share of irrigation water for each two (2) dwelling units within a planned unit development or condominium project; or each two (2) mobile home spaces within a mobile home park; or each five (5) sites within a recreation vehicle court or each one-half (1/2) acre within a planned shopping development. (Ord. 2011-2, 4-28-2011)
B. Use: All water which is represented by water rights acquired by the city pursuant to this provision may continue to be used upon the land until said land shall be developed or used for nonagricultural purposes or until the use of said water on said land shall be abandoned. Upon a change in use or abandonment, the city may use said water for municipal purposes any place within the city's water system.
C. Exceptions: Where the large scale development covers land for which water rights have previously been conveyed to the city through annexation, no further conveyance of water rights shall be required. (Ord. 2006-1, 4-13-2006)
10-7-15: AS CONSTRUCTED PLANS REQUIRED:
As constructed plans showing the location, size, grade and depth of all water and sewer mains, valves, manholes and other subsurface utility and service lines and facilities shall be required prior to the release of performance guarantees. Also, the location of required survey monuments shall be submitted and approved by the city engineer before required performance guarantees are released. (Ord. 4-8-86, 4-8-1986)
10-7A-1: INTENT:
The intent of this Article is to establish guidelines dealing specifically with design, construction and operation of planned unit developments. The provisions shall be supplemental and in addition to the general requirements for large scale developments contained in Chapter 7 of this Title (Ord. 4-8-86, 4-8-1986)
10-7A-2: PERMITTED USES:
A. Any use permitted within the underlying zone.
B. Common areas and recreational facilities, including golf courses, swimming pools, tennis courts, clubhouses, recreational buildings, landscape parks and similar recreation facilities for the use and enjoyment of all residents.
C. Driveways, streets, fences, walls, utility systems and facilities, common storage areas, ponds, landscape features and similar uses and structures incidental to the main use. (Ord. 4-8-86, 4-8-1986)
10-7A-3: AREA, DENSITY AND DWELLING UNITS PER BUILDING:
Zone | Minimum Area In Development* (in acres) | Maximum Number Of Dwelling Units (per acre) | Maximum Number Of Dwelling Units (per building) |
RA-1 | 10 | 1 | 1 |
R-1-10,000 | 4 | 4 | 1 |
R-1-7500 | 4 | 6 | 1 |
R-2-7500 | 4 | 8 | 4 |
R-3-7500 | 4 | 12 | 12 |
*Except in centers of blocks (see Section 10-7A-8 of this Article). | |||
The proposed plan shall include all potentially developable property or shall be designed to permit the extension of the development into those areas not included within the original plan. (Ord. 4-8-86, 4-8-1986)
10-7A-4: APPROVAL PROCEDURE:
Any person wishing to obtain approval to construct a planned unit development shall follow the procedure outlined in Section 10-7-4 of this Title. (Ord. 4-8-86, 4-8-1986)
10-7A-5: REQUIRED IMPROVEMENTS:
The following improvements shall be constructed by the developer in each planned unit development, in accordance with City standards as directed by the Planning Commission:
A. Streets, driveways and parking areas which shall be graded, graveled and hard surfaced.
B. Curbs, gutters and walkways.
C. Drainage and flood control structures and facilities.
D. On-site water and sewer mains in accordance with the City's extension policy.
E. Off-site water and sewer mains; in accordance with the City's extension policy.
F. Fire hydrants.
G. Permanent survey monuments.
H. Gas, electric and telephone lines (which shall be placed underground).
I. Landscaping in the common area.
J. Sprinkling or other suitable irrigation systems.
K. Fences, walls and other common areas, facilities, systems and structures proposed for the development as shown on the final plans.
L. Common storage area required in multiple-family projects only.
M. Street lighting.
N. Other improvements. Developers may install other improvements, however, the construction of other improvements shall not be required as a condition of approval of a planned unit development. (Ord. 4-8-86, 4-8-1986)
10-7A-6: REQUIRED DOCUMENTS:
The following documents shall be prepared and submitted by the developer for each planned unit development:
A. Articles of incorporation for homeowners' association.
B. Corporation bylaws.
C. Covenants, conditions, restrictions and management policies.
D. Management agreement.
E. Open space easement.
F. Documents conveying water rights to City. (Ord. 4-8-86, 4-8-1986)
10-7A-7: SPECIAL PROVISIONS:
A. Landscaping Maintenance: Landscaping shall be maintained in a condition which is commensurate with the quality of maintenance of City parks.
B. Height: At least fifty percent (50%) of the dwelling units in large scale developments in the R-3-7500 Zone shall be limited to one story in height.
C. Water Rights: Water rights shall be conveyed to City as set forth in Section 10-7-14 of this Title. (Ord. 4-8-86, 4-8-1986)
10-7A-8: LOCATION WITHIN CENTER OF BLOCK:
Where a planned unit development is to be located within the center of an existing block, the following supplementary requirements shall also apply:
A. Area Requirements May Be Reduced: The Planning Commission may authorize a reduction from the total area included within a planned unit development of up to fifty percent (50%) of the area required in the zone.
B. Access Ways: Vehicular access to the development will be provided by not less than two (2) entrance roads, wherever feasible, as permitted by the Planning Commission. All roads shall be not less than forty feet (40') in width and shall conform to City standards.
C. Plan To Involve All Developable Land: Special consideration shall be given in the preparation of plans for planned unit developments that are constructed within the center of blocks to provide for access to all developable land rather than merely the land within the project. The Planning Commission shall refrain from approving plans which preclude full development of the land within the centers of such blocks. (Ord. 4-8-86, 4-8-1986)
10-7B-1: DECLARATION OF INTENT:
The intent of this Article is to establish guidelines dealing specifically with design, construction and operation of condominium projects. These provisions shall be supplemental and in addition to the general requirements for large scale developments contained in Chapter 7 of this Title and also the requirements of Utah Code Annotated title 57, chapter 8, as amended. (Ord. 4-8-86, 4-8-1986)
10-7B-2: PERMITTED USES:
Uses permitted within a condominium project shall be limited to those uses specifically permitted within the zone in which the project is located. (Ord. 4-8-86, 4-8-1986)
10-7B-3: DENSITY:
The density of dwelling units per building shall be the same as permitted in the zone and/or for planned unit developments within the zone, where authorized. (Ord. 4-8-86, 4-8-1986)
10-7B-4: APPROVAL PROCEDURE:
A. Planned Development: Where a condominium project is in the form of a planned unit development subdivision or planned shopping center, approval of said project shall follow the procedure outlined for said developments.
B. Other Type: Where a condominium project is of a type other than the above, all required documentation shall be referred to and approved by the Planning Commission and City Council and recorded in the office of the County Recorder. The procedure to be followed shall be similar to that for large scale developments, except that public hearings shall not be required. (Ord. 4-8-86, 4-8-1986)
10-7B-5: SPECIAL PROVISIONS:
It shall be unlawful to record any record of survey map or declaration of a condominium project in the office of the County Recorder unless the same shall bear thereon final approval of the Planning Commission and City Council as required by the terms of this Title, and any record of survey map or declaration so recorded without such approval shall be null and void. Any owner or agent of any owner of land which is located within a purported condominium project who transfers or sells any land, structure or condominium unit in such purported condominium project before obtaining the final approval by the Planning Commission and City Council on the record of survey map or declaration recording the same in the office of the County Recorder, shall be guilty of a Class C misdemeanor and subject to penalty as provided in Section 1-4-1 of this Code for each lot, parcel of land structure or condominium unit so transferred or sold. (Ord. 4-8-86, 4-8-1986; amd. 1998 Code)
10-7C-1: INTENT:
The intent of these regulations is to establish guidelines dealing specifically with design, construction and operation of manufactured home parks. Developments formerly designated and licensed as mobile home parks shall be redesignated manufactured home parks pursuant to the passage of ordinance 2004-4 and shall be required to comply with this article. These provisions shall be supplemental and in addition to the general requirements for large scale developments. (Ord. 4-8-86, 4-8-1986; amd. Ord. 2004-4, 12-16-2004)
10-7C-2: PERMITTED USES:
Permitted uses within a manufactured home park shall be limited to the following:
Accessory uses, including swimming pools, carports, storage buildings for personal and household items, convenience establishments, childcare centers, clubhouses, recreation buildings and private golf courses.
Manufactured homes.
Mobile homes. It shall be unlawful to place any mobile home on any lot or parcel of land in the area covered by the zoning map except as a direct replacement for a mobile home previously occupying that same lot or parcel which:
A. Was destroyed or rendered uninhabitable by accident or act of nature, and
B. Which had been used for human habitation continually for a period of one year immediately prior to destruction or rendering uninhabitable of the original mobile home, and
C. Such replacement mobile home occupies the same, or essentially the same, footprint as the original mobile home.
Modular housing units. (Ord. 4-8-86, 4-8-1986; amd. Ord. 2004-4, 12-16-2004; Ord. 2010-5, 3-25-2010)
10-7C-3: AREA AND DENSITY:
Minimum area and maximum density requirements within manufactured home parks shall be as follows: (Ord. 4-8-86, 4-8-1986; amd. Ord. 2004-4, 12-16-2004)
Zone | Minimum Area In Development (In Acres) | Maximum Number Of Dwelling Units (Per Acre) |
R-2-7500 | 5 | 6 |
R-3-7500 | 3 | 6 |
(Ord. 4-8-86, 4-8-1986)
10-7C-4: APPROVAL PROCEDURE:
The procedure leading to approval of a manufactured home park shall be the same as set forth in section 10-7-4 of this chapter, except that no final plat, documents or statements shall be required. (Ord. 4-8-86, 4-8-1986; amd. Ord. 2004-4, 12-16-2004)
10-7C-5: REQUIRED IMPROVEMENTS:
The following improvements shall be constructed by the developer in each manufactured home park, in accordance with city standards as directed by the city engineer: (Ord. 4-8-86, 4-8-1986; amd. Ord. 2004-4, 12-16-2004)
A. Streets, driveways and parking areas which shall be graded, graveled and hard surfaced.
B. Curbs, gutters and walkways.
C. Drainage and flood control structures and facilities.
D. On site water and sewer mains, in accordance with the city's extension policy.
E. Off site water and sewer mains, in accordance with the city's extension policy.
F. Fire hydrants.
G. Permanent survey monuments.
H. Gas, electric and telephone lines (which shall be placed underground).
I. Landscaping.
J. Sprinkling or other suitable irrigation systems.
K. Fences, walls and all other common areas, facilities, systems and structures proposed for the development as shown on the final plans.
L. Common storage area.
M. Street lighting.
N. All facilities required under the provisions of the code of camp, trailer court, hotel, motel and resort sanitation regulations as adopted by the Utah state board of health, which code is hereby adopted by reference and made part of this title as if fully set forth herein. (Ord. 4-8-86, 4-8-1986)
10-7C-6: SPECIAL PROVISIONS:
A. Planning Commission Review: The planning commission shall review the plan to determine compliance with any portion of the comprehensive plan that shall have been adopted by the planning commission. In considering approval of the development, the planning commission shall, among other things, make sure that such development will constitute a living environment of sustained desirability and stability and that all unoccupied, as well as occupied, lots will be landscaped and be maintained in a condition which is commensurate with the condition of the landscaping in public parks. (Ord. 4-8-86, 4-8-1986)
B. Business License: Prerequisite to the operation of any manufactured home park shall be the obtaining of a city business license which shall be issued only after the approvals and inspections by the health department and building inspector. It shall be unlawful to operate a manufactured home park without the proper license and said license shall be refused or revoked upon failure to annually renew the license or upon failure of the owner and/or operator to maintain the park in accordance with the standards and requirements as herein set forth.
C. Use Of Space; Lease Or Rent: Each space within a manufactured home park shall be used for only one manufactured or mobile home at the same time. It shall be the duty of the owner of the park to report to the city on a monthly basis, the count or number of manufactured or mobile homes including recreational vehicles that are occupied during that month. (Ord. 2010-5, 3-25-2010)
D. Water Rights: Water rights shall be conveyed to city as set forth in section 10-7-14 of this chapter. (Ord. 4-8-86, 4-8-1986)
E. Parks, Playgrounds And Open Space: No less than ten percent (10%) of the gross area of the project shall be designated for parks and playgrounds for the use of occupants. The land covered by vehicular roads and off street parking and the yards surrounding manufactured or mobile homes which constitute open space pertinent to individual manufactured or mobile homes and areas devoted to service buildings, shall not be included in computing the required area for parks and playgrounds. (Ord. 4-8-86, 4-8-1986; amd. Ord. 2004-4, 12-16-2004)
10-7D-1: INTENT:
The intent of these regulations is to establish guidelines dealing specifically with design, construction, and operation of a recreation vehicle court. These provisions shall be supplemental and in addition to the general requirements for large scale developments. (Ord. 4-8-86, 4-8-1986; amd. Ord. 2022-1, 10-12-2022)
10-7D-2: PERMITTED USES:
Permitted uses within a recreation vehicle court shall be limited to the following:
A. Recreational Vehicles: Recreation vehicles located on designated and developed parking sites.
B. Accessory Structures: Accessory structures for the use and enjoyment of court occupants, including, but not limited to, swimming pools, showers, laundry and restroom facilities, recreation buildings and areas and structures used as an office or for the storage of maintenance equipment.
C. Caretaker: A single-family dwelling as a court caretaker dwelling.
D. Length of Rental Contract for space for Recreation vehicles will be determined by the owner of the Recreational Vehicle Court. (Ord. 4-8-86, 4-8-1986; amd. Ord. 2022-1, 10-12-2022)
10-7D-3: AREA AND DENSITY:
Each recreation vehicle court shall have a land area of not less than one acre. The maximum number of vehicle sites shall be not great than fifteen (15) per acre. (Ord. 4-8-86, 4-8-1986; amd. Ord. 2022-1, 10-12-2022)
10-7D-4: APPROVAL PROCEDURE:
The procedure leading to approval of a recreation vehicle court shall be the same as set forth in Section 10-7-4 of this Title, except that no final plat, documents, or statements shall be required. (Ord. 4-8-86, 4-8-1986; amd. Ord. 2022-1, 10-12-2022)
10-7D-5: REQUIRED IMPROVEMENTS:
The following improvements shall be constructed by the developer in each recreation vehicle court, in accordance with City standards as directed by the City Engineer:
A. Streets, driveways and parking areas which shall be graded, graveled or hard surfaced.
B. Walkways will be maintained.
C. Drainage and flood control structures and facilities.
D. On-site water and sewer mains, in accordance with the City's extension policy.
E. Off-site water and sewer mains, in accordance with the City's extension policy.
F. Fire hydrants.
G. Permanent survey monuments.
H. Gas, electric and telephone lines (which shall be placed underground).
I. Landscaping will be maintained. Garbage will not be allowed to accumulate on property.
J. Sprinkling or other suitable irrigation systems.
K. Fences, walls and all other common areas, facilities, systems, and structures proposed for the development as shown on the final plans.
L. Street lighting.
M. Shower and restroom facilities.
N. All parking must be on R.V. court site. This will include any vehicles that may be brought with patrons of the R.V. park. No on street parking.
O. All facilities required under the provisions of the code of camp, trailer court, hotel, motel, and resort sanitations regulations as adopted by the Utah state board of health, which code is hereby adopted by reference and made part of this title if fully set forth herein. (Ord. 4-8-86, 4-8-1986; amd. Ord. 2022-1, 10-12-2022)
10-7D-6: SPECIAL PROVISIONS:
A. Front on Specific Road: Each recreation vehicle court shall front on and have direct access to a federal aid primary or secondary highway or upon a designated arterial or collector road as shown on a the city's major street plan.
B. Planning Commission Review: The planning commission shall review the plan to determine compliance with any portion of the comprehensive plan that shall have been adopted by the planning commission. In considering approval of the development the planning commission shall, among other things, make sure that such development will constitute a living environment of sustained desirability and stability and that all unoccupied as well as occupied lots will be landscaped and will be maintained in a condition which is commensurate with the condition of the landscaping in the public parks.
C. Business License: Prerequisite to the operation of any recreation vehicle court shall be the obtaining of an annual license which shall be issued only after inspection by the health department. It shall be unlawful to operate a recreation vehicle court without first obtaining a license and said license shall be refused or revoked upon failure of the owner and/or operator to maintain the park in accordance with the standards and requirements as herein set forth.
D. Water Rights: Water rights shall be conveyed to city as set forth in section 10-7-14 of this chapter.
E. Parks, Playgrounds and Open Space: No less than ten percent (10%) of the gross area of the project shall be designated for parks and playgrounds for the use of occupants. The land covered by vehicular roads and off-street parking and the yards surrounding recreation vehicle court which constitute open space pertinent to individual recreation vehicle courts and areas devoted to service buildings, shall not be included in computing the required area for parks and playgrounds. (Ord. 4-8-86, 4-8-1986; amd. Ord. 2022-1, 10-12-2022)
10-7E-1: INTENT:
The intent of this Article is to establish guidelines dealing specifically with the design, construction and operation of shopping centers. (Ord. 4-8-86, 4-8-1986)
10-7E-2: PERMITTED USES:
Uses within the Zone shall be limited to:
A. Retail and service outlets, including customary food stores, supermarkets, drug and variety stores, cosmetic, clothing, fabric and shoe stores, stationary and office supply stores, confectionery and ice cream stores, hardware, garden and home supply stores, clinics, medical and dental and other professional offices. Barber, beauty and hairstyle shops, banks and lending agencies. Radio, television and electronic equipment sales and service establishment. Service stations, laundry pickup and similar retail and service establishments.
B. Driveways, off-street parking facilities, walkways, utility systems and landscaped areas. (Ord. 4-8-86, 4-8-1986; amd. 1998 Code)
C. One identification sign. (Ord. 4-8-86, 4-8-1986)
10-7E-3: AREA, DENSITY AND PARKING:
Each shopping center shall contain at least two and one-half (21/2) acres of land. At least ten percent (10%) of the area contained in the site shall be landscaped, part of which shall include a landscaped strip of land at least ten feet (10') wide around the outside parameter of the site, except for driveways. Off-street parking shall be at least fifty (50) spaces per one thousand (1,000) square feet of building floor space. (Ord. 4-8-86, 4-8-1986; amd. 1998 Code)
10-7E-4: APPROVAL PROCEDURE:
The procedure leading to approval shall be the same as set forth in Section 10-7-4 of this Title. (Ord. 4-8-86, 4-8-1986)
10-7E-5: REQUIRED IMPROVEMENTS:
Same as for planned unit developments, except that a common storage area shall not be required. However, the location and outside dimensions of buildings and the general nature of the commodities to be sold therein or the services to be rendered therein, shall be shown on the final plans. (Ord. 4-8-86, 4-8-1986)
10-7E-6: REQUIRED DOCUMENTS:
A. One Ownership: Where the development is to be retained in one ownership, required documents shall include:
1. Covenants, conditions, restrictions and management policies.
2. Management agreement.
B. Two Or More Owners: Where the development has two (2) or more owners or where an existing development is being divided into two (2) or more ownerships, required documents shall include:
1. Articles of incorporation for property owners' association.
2. Corporation bylaws.
3. Covenants, conditions, restrictions and management policies.
4. Management agreement.
C. Water Rights: Water rights shall be conveyed to the City as set forth in 10-7-14 of this Title. (Ord. 4-8-86, 4-8-1986)
10-7E-7: SPECIAL PROVISIONS; LANDSCAPING:
In view of the fact that shopping centers will be surrounded by residential uses, it shall be incumbent upon developers, lessors and operators to construct and maintain landscaping and other amenities within the area covered by the development commensurate with the general conditions of the surrounding area. (Ord. 4-8-86, 4-8-1986)