Helper City Zoning Code
CHAPTER 18
110 LARGE SCALE DEVELOPMENTS
§ 18.110.010 Intent.
The intent and purpose of the large scale development chapter of this code shall be:
A.
To provide a means for encouraging the orderly development of the city.
B.
To permit efficient 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.
(Code 1988 § 11-11.1(A); Ord. 2010-5)
§ 18.110.020 Large scale development – 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 conditionally permitted use. The minimum size for a large scale development shall be three acres, except for planned unit developments, for which the minimum area shall be two acres.
(Code 1988 § 11-11.1(B); Ord. 2010-5)
§ 18.110.030 Procedure leading to approval.
Any person wishing to obtain approval to construct a large scale development shall comply with the following procedures:
A.
Initial Conference with City Staff. The developer shall obtain from the city recorder's office information concerning the procedures, requirements, and documents relating to the approval of a large scale development.
B.
Developer Prepares Application for Preliminary Plan Approval. The developer shall complete an application for preliminary plan approval 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.
Developer Submits Application and Preliminary Plan. The developer shall submit the application, three copies of all maps, charts, statements, documents and other information required under the applicable preliminary plan requirements, and evidence of payment of the required review fee. Said materials shall be submitted to the planning commission not less than 14 days prior to the next regularly scheduled meeting.
D.
Public Hearing by Planning Commission and Review of Preliminary Plans, Documents, and Statements. The planning commission shall notice and hold a public hearing to review the preliminary plans, documents, and statements and shall make a recommendation on the proposal to the city council.
E.
Planning Commission Submits Plans to City Council. The planning commission shall submit two copies of the preliminary plan, documents, and statements to the city council along with the planning commission's recommendation on the application within 30 days following receipt of the application.
F.
City Council Reviews Preliminary Plans, Documents, and Statements. The city council shall review the preliminary plans, documents, and statements and shall hold a public meeting on the proposed project.
G.
City Council Takes Action on Preliminary Plans, Documents, and Statements. Following the public meeting, the city council shall act upon the preliminary plans, documents, and statements to approve, disapprove, or approve subject to modification.
1.
If Disapproved. The city council shall provide a written statement as to why the preliminary plans, documents, and statements were disapproved, after which no further action is required.
2.
If Approved Subject to Modification. The plans, documents, and statements shall be returned to the planning commission with instructions that the developer shall modify the plans, documents, and statements in accordance with required changes and to resubmit the modified proposal to the planning commission for its further review and recommendation.
3.
If Approved. The preliminary plans, documents, and statements shall be returned to the planning commission with instruction to authorize the developer to proceed to prepare and submit the final plans, documents, and statements.
Upon passage of a motion by the planning commission and city council to approve the preliminary plans, documents, and statements, the city shall be committed to grant final approval upon compliance with all procedures, standards, requirements, and any conditions attached to said approval. The preliminary plans, documents, and statements shall be valid for 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 30 days prior to the end of the 12-month preliminary approval period. No construction shall be permitted until final approval of the development has been obtained.
H.
Developer Prepares and Submits Final Plats, Plans, Documents, and Statements. After receiving authorization to proceed, the developer shall prepare and submit to the planning commission:
1.
Application for final approval.
2.
One reproducible tracing and three copies of the final plat where required.
3.
Three copies of the final plans where required.
4.
Three copies of the final documents and statements where required.
5.
Three copies of an itemized estimate of the cost of constructing the required improvements.
6.
Evidence of payment of all applicable fees.
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 city recorder's office at least seven days prior to the meeting at which the plans are to be considered.
I.
Planning Commission Acts on Final Plat, Plans, Documents, and Statements. 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:
1.
The final plans conform substantially with those given preliminary approval.
2.
The final plat complies with the requirements and standards relating to the applicable type of large scale development.
3.
The final documents and statements comply with the standards relating to the applicable type of large scale development.
4.
The estimates of cost of constructing the required improvements are realistic.
5.
Tax liabilities of the common open space (wherever a large scale development involves the reservation of common open space) have been determined.
Upon a finding of approval, the planning commission chairman shall be authorized to sign required final plats when such signature is required.
J.
City Council Acts on Final Plan, Plats, and Documents. After the planning commission has approved the final plans, plat, documents, cost estimates, and tax liabilities of the common open space, as applicable, a copy of the same shall be submitted to the city council for its approval. The council shall review said plans, plat, and supporting documentation, 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 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.
K.
Developer Posts Performance Guarantee. Upon approval of the final plans, plats, and documents by the city council, the developer shall post performance guarantees in accordance with the provisions of Chapter 17.10 HMC, General Design Standards for Subdivisions.
L.
City Records Plats and Documents. Upon passage and publication of the amending ordinance, completion of posting of required performance guarantees, and the payment of all applicable outstanding fees the planning commission shall record all final plats and documentation in the office of the county recorder and shall notify the developer to proceed with construction.
M.
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 code. 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.
(Code 1988 § 11-11.1(C); Ord. 2010-5)
§ 18.110.040 Planning design and documentation.
The layout and design of all large scale developments and all plans, plats, documents, agreements, brochures, statements, and other submissions shall be prepared in accordance with city standards as directed by the planning commission or their authorized representative.
(Code 1988 § 11-11.1(D); Ord. 2010-5)
§ 18.110.050 Construction requirements.
A.
Developer Must Construct Improvements in Accordance with Plans. All individual large scale developments shall be constructed in accordance with the approved final plans and all final plans, plats, documents, and agreements shall be binding on the developer, his successors, grantees, and assignees 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.
Developer Must Construct Improvements within Permitted Time Period. All improvements required under the terms of the applicable type of large scale development shall be constructed within the time period specified for the duration of the guarantee of performance, except that the city council, upon recommendation of the planning commission, may require the developer to install the landscaping on all or part of the common open space or to construct other specific required improvements on all or part of an approved large scale development within a time period which is less than the maximum time period specified but which shall not be less than six months from the date of said approval. If no development has occurred pursuant to the adopted plan within 12 months after the date of final approval, the city council may revoke any building permits issued and may repeal all prior approvals of the development. The city council may grant an extension up to 12 months to the developer, after a recommendation from the planning commission, which details the extenuating circumstances for why the developer needs said extension.
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 code with respect to each stage shall be fully complied with. Each stage shall be considered as a separate application.
D.
Developer Responsible for Quality of Construction. The developer shall be responsible for the quality of all materials and workmanship.
(Code 1988 § 11-11.1(E); Ord. 2010-5)
§ 18.110.060 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, 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 of the plans, documents, and agreements, or to maintain the impound account as required, shall also be deemed to be a violation of this code and a breach of agreement between the developer, his successors or assignees, and the city.
(Code 1988 § 11-11.1(F); Ord. 2010-5)
§ 18.110.070 Minimum requirements.
The requirements and conditions set forth in this code pertaining to each type of large scale development are the minimum requirements which must be imposed in order to achieve the intent and purposes as herein set forth. In the event that a developer does not desire to comply with the requirements and conditions relating to a large scale development, he may develop his land in accordance with the regulations and restrictions of the underlying zone.
(Code 1988 § 11-11.1(G); Ord. 2010-5)
§ 18.110.080 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 article.
(Code 1988 § 11-11.1(H); Ord. 2010-5)
§ 18.110.090 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 Chapter 57-8, Utah Code Annotated 1953, as amended, said development shall be submitted and approved in accordance with the provisions of Articles II and III of this chapter. This requirement shall be in addition to all other requirements, but may be carried out concurrently.
(Code 1988 § 11-11.1(I); Ord. 2010-5)
§ 18.110.100 Recording unapproved plan, plat, or documents unlawful.
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 city council as required by the terms of this code. Any owner, or agent of any owner, of land which is located within a purported large scale development who transfers or sells any land or structure in such purported large scale development before the plan is given final approval by the planning commission and city council and recorded in the office of the county recorder shall be guilty of a misdemeanor for each lot or parcel of land or structure so transferred or sold.
(Code 1988 § 11-11.1(J); Ord. 2010-5)
§ 18.110.110 Standards and specifications to be prepared.
The planning commission shall have the responsibility for preparing standards, specifications, and typical examples for the design, quality, and context 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, where the developer can show that provisions 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 appeal authority and recommendation by the planning commission a departure may be made without destroying the intent of such provisions, the appeal authority 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.
(Code 1988 § 11-11.1(K); Ord. 2010-5)
§ 18.110.120 Intent.
The intent of this article is to establish guidelines dealing specifically with design, construction and operation of planned unit developments. These provisions shall be supplemental and in addition to the general requirements for large scale developments contained in Article I of this chapter.
(Code 1988 § 11-11.2(A); Ord. 2010-5)
§ 18.110.130 Permitted uses.
Uses permitted in planned unit developments shall be limited to the following:
A.
Any use permitted or conditionally permitted in the underlying zone, subject to compliance with all applicable zone requests and conditions.
B.
Residential structures subject to compliance with the requirements, design standards, and approval procedures set forth in this article or adopted pursuant thereto.
C.
Common areas, structures, and recreation facilities for the use and enjoyment of the residents of the development when approved as part of the development plan, including but not limited to landscape areas and features, swimming pools, tennis courts, community buildings, picnic shelters, streets and driveways, parking lots and structures, RV storage areas, fences, children's play apparatus and waste disposal enclosures.
D.
Public facilities, buildings and structures.
(Code 1988 § 11-11.2(B); Ord. 2010-5)
§ 18.110.140 Area, density, dwelling units per acre and lot size.
The minimum area of a project and the maximum density and number of dwelling units within each structure shall be within the standards established in the following table.
Zone | Minimum Area in Development (in Acres) | Maximum Number of Dwelling Units per Acre | Maximum Number of Dwelling Units per Building |
|---|---|---|---|
R-1-8000 | 2 | 5 | 1 |
R-1-5000 | 2 | 7 | 1 |
R-2-5000 | 2 | 9 | 4 |
R-3-5000 | 2 | 14 | 12 |
A.
Where the development contains one- or two-family dwellings on individual lots, each one-family lot shall contain not less than 4,500 square feet and each two-family lot shall contain not less than 7,000 square feet.
B.
All portions of a proposed development devoted to streets or travel easements shall be excluded in determining compliance with the allowable density, lot size and open space requirements.
C.
The city council may require a reduction in the number of dwelling units per acre or the number of dwelling units per structure from the numbers shown in the above table where, in its opinion, such a reduction is necessary in order to produce a more adequate or safe design. The city council may approve a density bonus of up to a 25 percent increase, if the development includes a minimum of 10 percent of all units as affordable.
(Code 1988 § 11-11.2(C); Ord. 2010-5)
§ 18.110.150 Approval procedure.
Any person, partnership, firm, or corporation wishing to obtain approval to construct a planned unit development shall follow the procedure outlined in HMC § 18.110.030.
(Code 1988 § 11-11.2(D); Ord. 2010-5)
§ 18.110.160 Required improvements.
The following improvements shall be constructed by the developer in each planned unit development, in accordance with city standards.
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.
Both off-site and on-site water mains.
E.
Both off-site and on-site sewer mains.
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 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.
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.
(Code 1988 § 11-11.2(E); Ord. 2010-5)
§ 18.110.170 Documentation requirements.
B.
Where the development has two or more owners or where an existing development is being divided into two or more ownerships, required documents shall include:
1.
Articles of incorporation for property owners association.
2.
Corporation by-laws.
3.
Covenants, conditions, restrictions and management policies.
4.
Management agreement.
Where in the opinion of the city council a particular document required herein is inapplicable for the particular project proposed, the council may waive the requirement for submitting said document.
(Code 1988 § 11-11.2(F); Ord. 2010-5)
§ 18.110.180 Design standards and criteria.
A.
General Design.
1.
The plan shall provide for architectural unity and harmony within the development and with the surrounding area. The location and arrangement of buildings shall be accomplished in a manner that will best utilize the lot and create an attractive living environment of sustained desirability.
2.
Setbacks shall be maintained along the peripheral property lines which will be equal to that required in the adjacent zones.
3.
The design shall give due consideration to all natural features including but not limited to slope, soils, flood hazard, surface drainage and natural vegetation.
B.
Streets and Travelways.
1.
All streets proposed to be dedicated to the public shall conform to city standards.
2.
Private streets shall not be less than 25 feet of travel surface, except that for private drives serving not more than 12 dwelling units, the travelway width for that portion not abutting any off-street parking spaces may be reduced to not less than 16 feet. Said roads shall be improved in accordance with city standards.
3.
All streets shall be hard-surfaced.
C.
Parking and RV Storage.
1.
No less than two parking spaces shall be provided for each dwelling unit. Such spaces shall be located not more than 100 feet from the dwelling unit intended to be served therefrom. All parking spaces shall be hard-surfaced.
2.
Parking for all other uses shall adhere to the parking requirements in the underlying zone.
3.
In addition to the above, the planning commission may require a common storage area for recreational vehicles in the amount of 100 square feet per dwelling unit. Said storage area shall be enclosed within a fence or wall not less than six feet in height. Such facility shall be readily accessible from the street system of the development.
D.
Open Space. The planning commission may require up to 15 percent of the gross area of the development to be retained as open space, park, and playgrounds for the use of the occupants. Land proposed to be devoted to vehicular streets, parking areas, yard areas around the dwellings, and common storage areas shall not be included in computing the required open space area.
E.
Utilities.
1.
All units shall be served by the city water and sewer systems. All utilities including telephone and electrical shall be underground.
2.
Fire hydrants shall be installed in such a manner that no lot or dwelling is less than 300 feet from the closest hydrant.
3.
Utility easements not less than 10 feet in width shall be required for all utility lines.
F.
Lighting.
1.
All street lighting shall be located approximately in the same location as shown on the submitted plat maps.
2.
No trespassing light shall be allowed to permeate from the development except for standard street lighting fronting on a public street.
3.
All lighting shall be shielded and of fluorescent hues.
(Code 1988 § 11-11.2(G); Ord. 2010-5)
§ 18.110.190 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 Article I of this chapter and also the requirements of Chapter 57-8, Utah Code Annotated 1953, as amended. These provisions shall also apply to the conversion of existing structures for condominium purposes.
(Code 1988 § 11-11.3(A); Ord. 2010-5)
§ 18.110.200 Permitted uses.
Uses permitted in planned unit developments shall be limited to the following:
A.
Any use permitted or conditionally permitted in the underlying zone, subject to compliance with all applicable zone requests and conditions.
B.
Residential structures subject to compliance with the requirements, design standards, and approval procedures set forth in this article or adopted pursuant thereto.
C.
Common areas, structures, and recreation facilities for the use and enjoyment of the residents of the development when approved as part of the development plan, including but not limited to landscape areas and features, swimming pools, tennis courts, community buildings, picnic shelters, streets and driveways, parking lots and structures, RV storage areas, fences, children's play apparatus and waste disposal enclosures.
D.
Public facilities, buildings and structures.
(Code 1988 § 11-11.3(B); Ord. 2010-5)
§ 18.110.210 Approval procedure.
The procedure to be followed in gaining approval shall be as set forth under HMC § 18.110.030. Where a condominium project is being developed as a planned unit development or similar planned development covered by this chapter the procedure may be combined.
(Code 1988 § 11-11.3(C); Ord. 2010-5)
§ 18.110.220 Standards and conditions.
All condominium projects shall conform to all applicable requirements set forth under Chapter 57-8, Utah Code Annotated 1953, as amended, and also to the following additional requirements as applicable.
A.
Where the condominium project qualifies as a planned unit development, said project shall conform to the requirements for a planned unit development as set forth in this code.
B.
Where the condominium project consists of a single building on an independent lot, said project shall conform to all applicable requirements for the zone in which it is located and all documentation requirements identified for planned unit developments.
(Code 1988 § 11-11.3(D); Ord. 2010-5)
§ 18.110.230 Supplementary requirements.
It shall be unlawful to record any record of survey map or declaration of a condominium project in the office of the county recorder unless the same shall bear thereon final approval of the planning commission and city council as required by the terms of this code and any record of survey map or declaration so recorded without such approval shall be null and void. Any owner, or agent of any owner, of land 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 final approval by the planning commission and city council on the record of survey map and declaration and recording the same in the office of the county recorder shall be guilty of a misdemeanor for each lot, parcel of land, structure or condominium unit so transferred or sold.
(Code 1988 § 11-11.3(E); Ord. 2010-5)