The intent of the Mountain Community (MCZ) Zone is to provide for continued implementation of the Heber City General Plan. This Zone allows for multiple residential uses, minor commercial areas and recreation uses within a master planned area. The regulations of MR Zone contained herein are designed to:

1. Allow the City to encourage and facilitate more detailed and specific planning and analysis for appropriate parcels;
2. Promote interesting, creative, and indigenous landscaping, design, and architecture that blends in with natural surroundings and follows project specified design guidelines;
3. Stimulate the local economy and increase the tax base of the City;
4. Promote the preservation of open space, scenic vistas, and natural features; and
5. Regulate and control development.
   

1. Property identified as Mountain Community in the General Plan may be either annexed into the City as Mountain Community Zoned land or rezoned through the Heber City Rezone process as Mountain Community Zoned land.
2. Adequate Public Facilities shall be provided per Heber City Code Title 17.
3. The City shall require such an arrangement of structures and open space within the MR Zone as necessary to assure that the purpose of the zone is achieved, including but not limited to the following:
   1. Minimum Open Space as per Section 18.66.070.
   2. Commercial areas should provide the density, building mass, scale, and visual feeling of a mountain resort area.
   3. Adequate Public Facilities. Notwithstanding the residential densities and land use intensities permitted by this code, development shall bear the costs associated with any on-site or off-site improvements necessary to provide an adequate level of service to the proposed development.
   4. Density. Density in the Mountain Community Zone shall be as follows.
      1. Residential density is calculated per gross acre of the entire proposed development, inclusive of all open space, water ways, residential and nonresidential areas, streets and dedications etc., that may be located upon a particular development parcel.
      2. Density shall not exceed one (1) residential unit per gross acre for developments connected to a central sewer system and shall not exceed one (1) residential unit per 5 acres for developments serviced with septic tanks.
      3. Non-residential development intensity is determined through application of applicable development requirements such as road dedication, parking, height and setback requirements, etc.
      4. Development approved by Wasatch County that qualifies for "Vesting" as defined by Utah State Code Section 10-9a-509, shall be entitled to all approved densities, rights and privileges of such vesting, provided the development is constructed as per all required agreements, requirements, standards and dedications of such vesting as approved by Wasatch County.
      5. Annexation and Development Agreement Approved by Heber City as part of an Annexation Petition.
   5. Transfer of Development Rights (TDR). Development rights may be transferred from one property to another within the Mountain Community Zone, provided an appropriate device is utilized, such as a deed to a public agency for the property, a conservation easement held by a third party for the property, etc. A development agreement shall be recorded on both the transferring and receiving properties that describes the nature and extent of the TOR.
      1. If TOR is utilized to preserve portions of the North Fields, the City may, upon submittal of a financial feasibility analysis by a TOR petitioner, grant a bonus density with the TOR, if such bonus density is determined by the City Council to be necessary to ensure the TOR transaction is financially feasible.
      2. Subject to any applicable approved Development Agreement, the City Council reserves sole discretion to accept or deny a TOR, and may solicit assistance from Wasatch County and the Wasatch County Open Lands Board in consideration and implementation of such requests.
   6. Steep slopes (areas over 30% slope) and Wetlands (jurisdictional wetlands as defined by the Army Corps of Engineers) shall be calculated to one (1) unit per gross acre when calculating the base density. Master Plans shall be sensitive and avoid areas with steep slopes, wetlands, high water tables and important view sheds from Highway 40. The Council may require open space protection and setbacks for steep slopes, wetlands, and important view sheds they deem sensitive.
   7. Street standards within the MR Zone are designed to be environmentally sensitive and reduce environmental impacts. MR Zone streets shall follow the street standards established for the MR Zone herein.
      

The following uses shall be permitted in the Mountain Community Zone:

1. Open Space and Agricultural Type Uses
   1. Open space, parks and playgrounds, trails,
   2. Agriculture as defined by Section 18.08.020;
   3. The keeping of grazing animals as regulated by Section 18.68.135;
   4. Barns, corrals, pens, coops and feed storage buildings for the keeping of animals and fowl and the storage of farm products, provided they meet the requirements of Section 18.68.125 and Section 18.68.130;
   5. Cemeteries, both public and private, subject to the laws of the State of Utah;
2. Residential Type Uses
   1. Detached One-family dwellings (patio lots, traditional lots and estate lots), and the following accessory buildings and structures and uses:
      1. Private garage for the storage of automobiles owned by persons residing on the premises.
      2. Private recreational facilities such as swimming pools and tennis courts;
      3. Accessory Structures, subject to the provisions of Section 18.66.040;
      4. Customary household pets;
      5. Home Occupations that meet the requirements of Chapter 18.108;
      6. Nursery schools, family day care, mini-day care, if they meet the conditions set forth in Chapter 18.86;
3. Non-Residential and Mixed Residential-Commercial Uses
   1. Multi-family Dwellings (two-unit through ten-unit dwellings);
   2. Horizontal and/or Vertical residential-commercial mixed use with residential condominiums (apartments are prohibited);
   3. Day care facilities, if meeting the conditions set forth in Chapter 18.86;
   4. Temporary sales and construction offices;
   5. Rest homes, assisted living and senior centers;
   6. Public and private schools, churches, museums, arboretums, libraries and public buildings;
   7. Fraternity buildings, clubs, lodges;
   8. Golf Courses containing at least 9-holes, and may have golf course facilities and maintenance facilities and areas, golf clubhouse, pro-shop, restaurants, and related activities;
   9. Bed & Breakfasts as regulated by Section 18.108.034, not exceeding twelve guest rooms;
   10. Hotels, along with associated convention facilities, retail, office, commercial and restaurant facilities;
   11. Spas, Fitness Centers, Conference Facilities;
   12. Commercial uses, including restaurant (excluding drive-thru's), retail and gas stations, when such uses do not exceed 4,000 square feet of floor area per business;
   13. Research and Development Parks, Office Parks and Technology Parks;
   14. New and used auto retail sale facilities;
   15. Airports, both public and private.
       

1. Mountain Community Zone Development Requirements. Buildings and structures shall be placed as regulated by Table l: Development Requirements.
   
   Table 1: Development Requirements
   
   

   Residential Type Uses				Non-Residential and Mixed Residential-Commercial Uses
   	Patio Lots	Traditional Lots	Estate Lots	Residential	Commercial
   Lot Area	5,000 to 7,999 sf	8,000 to 19,999 sf	20,000 sf +	N/A	None
   Min. Width					None
   Minimum Unit Size (per dwelling unit): Single-Story Multi-Story	850 sf 1,450 sf	950 sf 1,600 sf	1,200 sf 1,800 sf	850 sf 1,200 sf	None
   Front Yard Min. Setback	20 feet from front ROW	30 feet from front ROW	30 feet from front ROW	10 feet from front ROW*	10 feet from front ROW
   Corner Yard Min. Setback	15 feet to ROW	15 feet to ROW	20 feet to ROW	15 feet to ROW	10 feet from side ROW
   Side yard Min. Setback	12 feet total with no less than 6 feet on one side	20 feet total with no less than 10 feet on one side	24 feet total with no less than 10 feet on one side	20 feet between buildings, 0 feet setbacks between units (units shall be attached).	None; each non-residential building shall be setback from a residential property line at least 1 foot for each vertical foot of building height
   Rear Yard Min. Setback	15 feet	15 feet	30 feet	25 feet from building to property line and 5 feet minimum setback within building pad to each unit.
   Fence and Screening Requirements	Double fronting developments shall provide a sight obscuring fence along non-primary frontage; fences shall meet the requirements of Section 18.68.120, though rear yard fences along a state highway may be permitted up to 8 feet in height.				Non-residential uses shall provide a sight-obscuring 6 foot fence and evergreen shrubbery and evergreen tress planted within an 8 foot planter strip along a residential property line containing Residential Type Uses in Section 18.66.030 B.
   Building Height	2-Story	2-Story	2-Story	3-Story	3-Story *Hotels
   Parking Stalls	Minimum (2) car attached garage required	Minimum (2) car attached garage required and (2) parking spaces on parking pad/driveway		Minimum (2) car attached garage required	3 parking stalls per 1,000 square feet for commercial, office and restaurants; 2 parking stalls per dwelling unit; other uses require parking as per Chapter 18.72.
   Garages	*In order for parking to wholly occur within the parking pad or driveway area as required (no vehicle overhang on sidewalks or roads) , minimum setbacks may have to increase. In addition, any garage door facing the street shall have a minimum 20 foot setback from that portion of the building to the front r-o-w .
   Definitions	"Buildable Area" is the portion of land located within the property boundary setbacks. The building pad is the portion of land located within the buildable area setbacks.
   Hotels	No Specific Height Restriction on Hotels

2. Accessory Building Setbacks. Accessory buildings shall follow the setbacks and requirements outlined in Section 18.68.060 Accessory Buildings.
3. Rural Highway Setbacks. Along any state and federal highway, all buildings and structures shall be setback from the edge of the highway right of way at least 150' for Residential Use buildings identified in Section 18.66.030 A., and 50' for Non-residential and Mixed Residential Commercial buildings identified in Section 18.66.030 B.

Development shall be approved through the process identified in Title 17, except development that includes 10 or more residential units shall be required to submit a Master Plan in lieu of a Concept Plan. Master Plans shall be approved by both the Planning Commission and City Council.

1. A Master Plan shall be required at the time of annexation for each petitioner for annexation.
2. A Master Plan shall include the following:
   1. Master Plan. Master plan showing a vicinity map, entire project concept, densities, land uses, trails, open space, circulation and roads, and other site improvements and development concepts in relation to existing and planned streets within on-forth mile of the subdivision.
   2. Ridgeline Protection Plan. Plan for protecting ridge lines as per Chapter 18.104 of the City Code.
   3. Phasing Plan. Phasing plan indicating phasing of entire project, with estimated time frames for development and a chart showing number of units and amenities per phase.
   4. Landscape Concept Plan. Plan view of features such as: main entry, pocket parks, golf course, neighborhood entry and/or others.
   5. Environmental Features Map. Map(s) showing approximate location of potential wetlands (Army Corps approved delineation preferred); ponds, lakes, streams, canals or other bodies of water; slopes over 30%; potential geological hazards; fault lines; wildlife habitat; and stands of significant vegetation.
   6. Proposed Utility Plan. Plan(s) showing utilities available (if any) and proposed easement for new utility services or relocated utility services, and other proposed features such as systems of drainage, sewage and water supply.
   7. Proposed Streets. Plan showing proposed street widths and cross-sections.
   8. Architectural Design Guidelines. Building design concepts, showing consistency with the Architectural Design Guidelines of Section 18.66.080.
   9. Transportation Study. A transportation study of the proposed development, unless the City Engineer determines a transportation study is not necessary.
   10. Development Agreement. Proposed terms of a development agreement that assures implementation of commitments by the development requirements of the General Plan, Capital Facilities Plan, Zoning Ordinance and needs of utility providers for the proposed development.
       

Any roadway minimum design standards shall be determined, established and made a part of the Master Plan for Planned Communities.

1. Names. New street names shall not duplicate those names already existing. A street obviously a continuation of another already in existence shall bear the same name. All streets shall be named. All street designations shall be approved by the Planning Commission. Names shall be signed and said signing shall be discernible from the street.
2. Dedications. Streets located within the MR Zone shall be public unless approved by the City Council for private use.
3. Bridges and Culverts. All bridges and culverts shall be constructed to support gross vehicle weight of twenty-six thousand pounds.
4. Relations to Adjoining Street System. The arrangement of streets in new subdivisions shall make provision for the continuation of the existing streets in adjoining areas for their proper protection (where adjoining land is not subdivided) at the same or greater width (but in no case less than the required minimum width) unless variations are deemed necessary by the Planning Commission. Where the Planning Commission determines that it is desirable to provide for street access to adjoining property in order to provide an orderly development of a street system, proposed streets shall be extended by dedication and construction to the boundary of such property.
5. Access Management. No individual property shall establish a driveway to any state highway, Minor or Major Collector or Arterial Street as identified by the Heber City Transportation Plan. Upon approval of the City Engineer and/or the Utah Transportation Department (UDOT), multiple properties may establish a shared, joint access to such streets, provided measures (i.e. right-in, right-out driveways, dedicated turn lanes, etc.) are taken to protect the ability of the street to accommodate planned future traffic at the intended speed and adopted level of service, and that such shared, joint accesses are a secondary point of access and not the primary access to the properties.
6. Street Standards. All local public streets, shall meet the requirements and standards for the currently adopted standard for local streets.
   1. Arterial and Collector Streets identified on the Transportation Plan shall meet the currently adopted street cross section and construction standards as identified in Standards and Specifications, excepting, however, planter strips between the curb and sidewalk shall be at least 8 feet in width.
   2. Sidewalk construction on one or both sides of the street may be waived as determined by the City Engineer for areas with steep topography, or in detached single-family residential areas where density does not exceed 3 units per acre, provided consideration has been given to provide an alternate form of pedestrian connectivity.
      

1. Functional and aesthetic open space (including buffer zones) are essential parts of the MR Zone.
2. A minimum of 20% open space shall be required for each residential development of 10 residential units or more, and a minimum of 10% open space shall be required for each residential-commercial mixed use development of 10 residential units or more. Open space shall be identified, including the type of open space, proposed locations and acres on the Master Plan.
3. Each Development Plan shall identify the type of open space, location, and acres. The amount of open space per Development Plan shall be equal to the amount of open space required in the Master Plan.
4. Participants in the approval processes shall identify what is to be considered as open space by using the following parameters as a guide:
   1. Waterways, water bodies, man-made water features, wetlands, steep slopes, and other areas to remain undeveloped may be included in the calculation for the open space requirement.
   2. Active, non-hard surface recreation areas, such as golf, skiing, hiking, and biking trails may be included in the calculation for the open space requirement.
   3. Common park areas with passive (landscaping, lawn areas, picnic, and bench areas) and active areas (soccer fields, baseball diamonds, tennis courts, fishing ponds, playgrounds, park gazebos) may be included in the calculation for the open space requirement, provided they are used for scenic, landscaping or recreation purposes and they are located on land which is accessible and available to all occupants of dwelling units for whose use the common park area is intended.
   4. Buffer zones along the property boundaries may be included in the calculation for the open space requirement.
   5. Natural, unimproved or non-landscaped areas with passive uses contiguous to other open space may be included in the calculation for the open space requirement.
   6. Parking lots, parking area landscaping buffers, paved roads, service roads, private yards, buildings or structures, required setbacks for buildings or structures, and all subdivided parcels less than one (1) acre shall not be included in the calculation for the open space requirement.
   7. In the event that the City requires a deeded right of way to accommodate infrastructure improvements that were not originally anticipated by the Master Plan, the City may reduce the overall open space requirement. However, such a reduction in open space shall not exceed the area or property required to accommodate the infrastructure.
5. The following factors shall be considered when determining the responsibility for the preservation, maintenance and ownership of open space within the development, consistent with the rights and responsibilities delineated in the development agreement.
   1. Compliance with the provisions of the Condominium Ownership Act, Title 57, Chapter 8, Utah Code Annotated, as amended, which provides for the payment of common expenses for the upkeep of the common area and facilities;
   2. The developer may retain ownership and responsibility for maintenance of the designated open space, but then shall commit to such responsibility through written agreement with all parties who subsequently acquire ownership of property within the Master Planned development;
   3. The Property Owners Association may retain ownership and responsibility for maintenance of the designated open space, but then shall commit to such responsibility through written agreement with all parties who subsequently acquire ownership of property within the Master Planned development;
   4. The open space may be deeded in perpetuity or preserved as a conservation easement as open space to a land trust organization.
6. A minimum of 30% of the total open space provided shall be "public" and deeded as open space on the recorded plat and protected in perpetuity through a conservation easement or other mechanism.
7. Changes in the project's dedication of open space may only be implemented through a Master Plan Amendment process. In no case shall any amendment be approved that is in violation of the requirements of this Chapter, the Zoning Ordinance or Development Agreement.
   

Each building and development shall meet the Architectural Guidelines found in the North Village Overlay District in Section 18.21.040.

1. Each development shall incorporate Restrictive Covenants and a Home Owner's Association that reviews and certifies to the City with the building permit application that each building meets the Architectural Design Guidelines.
   

Signs shall comply with Chapter 18.104 the North Village Overlay District and Mountain Community Zone Sign Standards.