1. Purpose:
   The planned development overlay zone is a floating zone that is unmapped until applied to specific property in accordance with the provisions of this chapter. It is intended to allow development design flexibility, integration of mutually compatible uses, consolidation of open spaces, clustering of dwelling units, and optimum land planning with greater efficiency, convenience and amenity than is possible under conventional zone regulations. To achieve these purposes, a planned development should be planned as one complex land use with a common architectural design theme that provides variety with architectural compatibility, rather than as an aggregation of individual, unrelated buildings located on separate, unrelated lots.
2. Objectives:
   Objectives to be accomplished under the provisions of this chapter include:
   1. Create more attractive and desirable environments within the city.
   2. Allow a variety of housing types in one development project.
   3. Encourage variety in physical development patterns, including flexibility in building location.
   4. Preserve open space for visual enjoyment and recreational use.
   5. Encourage development on a large scale, since the purposes of a planned development can be best realized in large scale developments.

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

The planned development overlay zone shall be applied only to projects consisting of at least one and one half acres.

The planned development overlay zone may be used in combination with any zone set forth in chapters 12, 13, and 14 of this chapter, subject to the requirements of this chapter.

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

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

1. Density:
   Multiple-family dwellings shall be a permitted use in a planned development overlay zone provided total density in a particular planned development project does not exceed the greater of:
   1. The density permitted by the underlying zone in which the project is situated; or
   2. The density authorized by a density bonus pursuant to subsection 152-23-8C of this chapter.
2. Accessory Uses:
   Accessory uses located in a common main building may be permitted. Accessory uses may include recreational facilities and structures, daycare centers, personal services, and RV parking.
3. Commercial Uses:
   Any commercial use shown on table 152-15-1 in subsection 152-15-3A of this chapter may be permitted within a planned unit development provided such use is:
   1. Specifically authorized as part of a site plan approved pursuant to the provisions of this chapter; and
   2. Designed as an integral element of the planned development, including building and landscaping design which is consistent with design elements of the development.

1. Variations from applicable development standards of an underlying zone and chapter 39 of this chapter may be approved as part of a preliminary site plan for a planned development pursuant to the provisions of this chapter.
2. A variation from the yard requirements set forth in subsection 152-23-9D of this chapter may be approved if the city council, after receiving a recommendation from the planning commission, finds such variation meets the approval criteria set forth in subsection 152-23-7B of this chapter and as set forth below. Any such variation shall be explicitly noted in the approval of a preliminary site plan and shall be shown on the approved plan.
   1. Variations from the development standards set forth in this chapter are intended to be rare and shall be approved by at least four (4) members of the city council.
   2. The applicant shall bear the burden of persuasion with regard to any request for a variation under this subsection B. Such burden shall include demonstrating that:
      1. A proposed project which includes a variation is the result of a substantial amount of advanced planning;
      2. Any adverse conditions which may result from the variation will be mitigated; and
      3. The variation will result in a substantial benefit not only to persons who will live or work within the project, but also to the city and its citizens generally.

1. Approval Procedure: Land shall be placed in a planned development overlay zone pursuant to a zoning map amendment as set forth in section 152-7-7 of this chapter. The following shall be submitted in conjunction with an application for a zoning map amendment:
   1. A natural resource inventory as required by chapter 31 of this chapter, and
   2. A preliminary site plan as provided in subsection 152-7-10D2 of this chapter.
2. Approval Criteria:
   Submittal of an application for a planned development overlay zone does not guarantee that the zone or a preliminary site plan will be approved. A zoning map amendment and preliminary site plan may be approved only if the city council, after receiving a recommendation from the planning commission, finds:
   1. The proposed planned development overlay zone and associated preliminary site plan:
      1. Does not conflict with any applicable policy of the Hildale City general plan;
      2. Meets the spirit and intent of this chapter as set forth in section 152-23-1 of this chapter;
      3. Will allow integrated planning and design of the property and, on the whole, better development than would be possible under conventional land use regulations;
      4. Meets the use limitations and other requirements of the zone with which the planned development overlay zone is combined, except as otherwise allowed by this chapter;
      5. Meets the density limitations of the underlying zone, unless a density bonus is granted pursuant to the provisions of this chapter; and
      6. If a density bonus is authorized, provides superior site design and increased amenities, as provided in subsection 152-23-8C of this chapter, which ameliorate the potential impact of increased density; and
   2. The applicant has:
      1. Sufficient control over the property to be developed to ensure development will occur as approved;
      2. The financial capability to carry out the planned development project; and
      3. The capability to start construction within one year of final plan approval.
3. Imposition Of Conditions:
   In order to make findings necessary to approve a planned development overlay zone, conditions of approval may be imposed on a preliminary site plan to assure the planned development will:
   1. Accomplish the purpose of this chapter;
   2. Be developed as one integrated land use rather than as an aggregation of individual and unrelated buildings and uses; and
   3. Meet the requirements of the zone in which the proposed development is located except as such requirements are modified by this chapter and as shown on an approved preliminary site plan for the planned development.
4. Site Plan Approval:
   Within twelve (12) months after approval of a planned development overlay zone and a corresponding preliminary site plan, and before the issuance of any building permit, an applicant shall obtain approval of a site plan pursuant to section 152-7-10 of this chapter.
   1. A planned development may be constructed in phases as shown on an approved preliminary site plan. In such case, a site plan shall be submitted for each phase.
   2. At its discretion and for good cause, the planning commission may extend for twelve (12) months for one time only the period for filing a site plan, or in the case of a phased planned development, a site plan for the first phase. If these time requirements are not met, the preliminary site plan approval shall be deemed revoked and the property may be rezoned to remove the planned development overlay zone.
5. Subdivision Requirements:
   An application for subdivision approval may proceed concurrently with an application for a planned development. Compliance with the requirements of this chapter does not exempt any applicant from meeting the requirements of chapter 39 of this chapter except as may be amended by the provisions of this chapter.
6. Construction Limitations:
   Upon approval of a site plan for a planned development, construction shall proceed in accordance with approved plans and specifications, and in conformity with any conditions associated with preliminary plan or site plan approval. No permit shall be issued for any proposed building, structure or use within a planned development unless such building, structure or use accords with the approved preliminary plan and site plan and with any conditions imposed in conjunction with such approvals.
7. Amendments:
   Amendments to approved plans and specifications shall be obtained by following the procedure required for preliminary plan approval.

1. Base Density:
   Base density for a planned development shall be determined as set forth in subsection B of this section. Provided, however, that base density shall not exceed the density permitted in the underlying zone in which the planned development will be situated.
2. Base Density Calculation:
   Base density shall be determined by calculating the number of dwelling units that could be developed on lots in a conventional subdivision under the provisions of the underlying zone where the planned development will be located (referred to as the "yield plan").
   1. The yield plan shall be prepared as a conceptual plan based on requirements of the Land Use Code that pertain to a conventional subdivision and shall reflect the dimensional (lot area, frontage, width, setbacks, etc.) and other standards of the underlying zone in which the proposed planned development will be located.
   2. The yield plan shall take into consideration the site's natural and cultural features as shown on a natural resource inventory prepared for the property and shall demonstrate that sensitive lands identified in the natural resource inventory can be successfully included within open space areas or as part of residential lots without disturbing the health or safety of present or future city residents. At least one-half (1/2) of the minimum area required for each lot shall be exclusive of wetlands, floodplains, and slopes exceeding thirty percent (30%).
   3. The yield plan shall be drawn to scale, but need not be based on a field survey. Each yield plan shall, however, exhibit a realistic layout reflecting a development pattern that could reasonably be expected to be implemented, taking into account the presence of wetlands, floodplains, steep slopes, existing easements and other encumbrances on the property identified by the natural resource inventory and the requirements of the Land Use Code, and any other regulatory requirements applicable to the property.
3. Density Bonus:
   The city council, after receiving a recommendation from the planning commission, may authorize a density bonus of up to twenty percent (20%) above the base density for a planned development. The purpose of a density bonus is to provide an incentive to an applicant to provide amenities that are not required by the Land Use Codeor the applicable underlying zone, and which otherwise would not be provided.
   1. The basis for granting a density bonus shall be included in the findings required to approve a planned development set forth in subsection 152-23-7B of this chapter.
   2. A density bonus may be authorized based upon provision of one or more of the following amenities. The maximum density bonus granted for any one class of amenities shall not exceed the percentage indicated.
      1. Enhanced overall design theme (up to 5 percent):
         1. Landscaping is designed and installed along all streets of the development according to a theme which provides overall design unity;
         2. Theme lighting is used throughout the development for street lighting, walkway lighting, parking areas, entrances, and building exteriors;
         3. Perimeter fencing is used throughout the project that matches building design, such as, masonry columns or piers using the same brick or stone as the buildings; and
         4. Special features such as fountains, streams, ponds, sculptures, buildings or other elements which establish a strong design theme for the development and are utilized in highly visible locations.
      2. Improved building design (up to 5 percent):
         1. Seventy five percent (75%) of the front exterior of each dwelling, exclusive of windows or doors, consists of brick or stone;
         2. Required parking for each unit is provided within a garage.
      3. Improved energy efficiency (up to 5 percent):
         1. Dwellings and main buildings have insulation greater than R-19 in walls and R-38 in ceilings; and
         2. Dwellings are designed with an active or passive solar feature, including, but not limited to, solar water heaters, Trombe walls, earth insulation of building walls.
      4. Parking upgrades (up to 5 percent):
         1. Parking lots are screened from public view by means of increased berming or landscaping around the parking lot perimeter;
         2. Parking lots have landscaped islands beyond the minimum required by this Land Use Code;
         3. Additional and/or larger trees that will shade fifty percent (50%) of the parking area upon tree maturation; and
         4. Provision of screened recreational vehicle parking areas.
      5. Provision of usable open space (up to 5 percent):
         1. Open space is integrated into the entire development and is connected to developed areas by a system of trails and walkways; and
         2. Stormwater detention facilities are designed, landscaped, and used for multiple purposes that are consistent with the overall design of the planned development and which reduce the perception of the area as a stormwater detention pond.
      6. Provision of recreational facilities (up to 5 percent):
         1. The planned development includes recreational amenities primarily for the use by residents of the development, including swimming pools, sports courts, spas, barbecue and picnic facilities;
         2. Development of one or more common buildings used for meetings, indoor recreation, daycare, or other common uses; and
         3. Dedication and improvement of land for a publicly accessible park or trail system, subject to acceptance by the city.
      7. Increased landscaping (up to 5 percent):
         1. Planting more than the minimum number of trees, shrubs, and other landscaping required by this Land Use Code; and
         2. Use of landscaping to soften the appearance of wood or masonry fences and walls.
      8. Utilization of recommended design and compatibility guidelines set forth in chapter 33 of this Land Use Code (up to 5 percent).

The development standards set forth in this section shall apply to any planned development and shall prevail over any contrary standard established in chapters 12, 13, and 14 of this chapter.

1. Residential Use Types:
   Residential use types within a planned development shall be shown on an approved site plan and may include one or more of the following:
   1. Single-family detached dwelling:
      This dwelling type consists of a single-family dwelling located on a privately owned lot which is not attached to another dwelling unit and has a private yard on all four (4) sides of the dwelling.
   2. Single-family lot line dwelling:
      This dwelling type consists of a single-family dwelling located on or within less than five feet (5') of a lot line and which is designated on an approved site plan as such. Windows, doors, and other similar openings shall be prohibited in the dwelling wall located on or adjacent to a lot line. When a single-family lot line dwelling is placed on a lot line, an easement shall be provided which allows the dwelling owner to enter the adjoining property in order to maintain the dwelling.
   3. Twin home:
      This dwelling type consists of a single-family dwelling which has one common wall with another dwelling.
   4. Townhouse dwelling:
      This dwelling type consists of three (3) or more dwelling units where each unit has its own front and rear exterior access, no unit is located above or below another unit, and each unit is separated from any other dwelling unit by one or more common walls.
   5. Multiple dwelling:
      This dwelling type consists of single-family dwelling units arranged in a variety of configurations including back to back, side to side, or vertically. However, no more than twelve (12) units shall be located in any single building.
2. Lot Area And Width:
   A planned development shall not be subject to the lot width and lot area requirements of the underlying zone in which the development is located. The area and widths of lots shall be shown on an approved site plan.
3. Lot And Dwelling Location Requirements:
   Where possible, dwelling lots should be accessed from interior streets rather than from roads bordering a planned development.
4. Required Yards:
   Minimum required yards shall be as follows:
   1. Front yard:
      1. Dwellings: Nineteen feet (19') from back of curb.
      2. Uncovered porches: Ten feet (10').
      3. Garages with doors facing the street: At least twenty feet (20') from back of sidewalk to accommodate cars parked in driveways.
   2. Side yard:
      1. Single-family dwelling: Five feet (5').
      2. Accessory buildings under five hundred (500) square feet: Three feet (3') from a property line and ten feet (10') from a dwelling.
      3. All other uses: Ten feet (10').
   3. Aggregate side yard (on the same lot):
      1. Single-family dwelling: Fifteen feet (15').
      2. All other uses: Thirty feet (30').
   4. Rear yard:
      1. Single-family dwelling: Ten feet (10').
      2. Garages and accessory buildings adjacent to alleys: Five feet (5').
      3. All other uses: Fifteen feet (15').
5. Distance Between Buildings:
   The minimum distance between main buildings shall be ten feet (10'). The minimum distance between accessory buildings, such as garages, may be four feet (4') if the accessory building is located at least ten feet (10') from a main building.
6. Tract Perimeter Setback And Buffer Requirements:
   Structures shall be situated so as to maintain a minimum setback from any tract property line equivalent to the front yard setback of the underlying zone.
7. Walls And Fences:
   Walls and fences may be required around the perimeter of a planned development where the development abuts an adjacent zone.
8. Height Of Buildings:
   The maximum building height permitted in the underlying zone shall apply.
9. Common Areas:
   1. Areas intended for public use shall be freely accessible from streets and/or other common areas that have unrestricted entry. Areas intended for restricted use shall be interspersed within residential development so as to convey a sense of openness within the planned development. Residential development may not totally exclude open space from fronting onto streets at appropriate intervals.
   2. Common areas shall include all jointly used recreation areas and related landscaping provided for the use and/or visual enjoyment of the residents of the project. Common recreation areas shall be located and improved so they may be readily accessed and used by residents of the dwelling units they are intended to serve. Where necessary, walls or landscaping may be required to protect the privacy of adjoining residents.
   3. Common areas may include:
      1. Natural areas of undisturbed vegetation or areas replanted with vegetation after development.
         1. Use and maintenance shall be limited to removal of litter and accumulated plant material.
         2. Natural waterways and drainage channels shall be maintained as free flowing and devoid of debris.
         3. Stream channels shall conform to the city stormwater management requirements and be maintained so as not to alter floodplain levels.
      2. Agricultural uses where conditions are suitable for agricultural production. Minimum areas for agricultural use designation shall be five (5) acres.
      3. Garden plots for use by residents.
      4. Greenways, including pedestrianways, bike paths and equestrian trails linking residential areas with other open space uses.
      5. Recreation areas designed for specific recreational activities such as children's play areas, playing fields, tennis courts, and similar facilities.
      6. Stormwater control and management areas that are designed, landscaped, and used for multiple purposes that are consistent with the overall design of the planned development and which reduce the perception of the area as a stormwater detention pond.
      7. Roads, buildings and other impervious surfaces as needed to support common open space use. A determination as to whether the roads, buildings or other impervious surfaces may function as common open space shall be made in conjunction with approval of a preliminary site plan.
10. Public And Community Facilities:
    In addition to dwellings, a planned development may include areas for schools, churches, public or private recreation buildings, and other similar community facilities.
11. Required Improvements:
    1. All streets shall be public streets and shall be established according to public street standards adopted by the city.
    2. Curb and gutter shall be required along each side of all streets except:
       1. Where an approved stormwater management system eliminates the necessity of the curb and gutter function, and
       2. Where the roadway is approved for construction according to city street standards.
    3. Sidewalks shall be installed along both sides of all streets except where alternate pedestrianways are provided as part of an approved preliminary site plan.
    4. Stormwater shall be controlled and managed according to a plan approved by the city.
    5. Water and sewer systems shall be provided in accordance with standards of chapter 39, "Subdivisions", of this chapter.
    6. Irrigation water, street signs, street lighting, fencing, and any other required improvements shall be provided in accordance with city standards.
    7. Other utilities and improvements shall be provided and installed in accordance with city standards.

1. Maintenance Of Common Areas:
   If common areas are provided within a planned development, adequate guarantees shall be provided to protect such common areas from future development. No certificate of occupancy shall be issued for any structure in a planned development until all required guarantees have been submitted to and approved by the city. The developer of a planned development may elect any of the following to preserve common areas:
   1. Fee Simple Donation:
      A fee simple donation of any portion of common area land may be made to the city so long as the city agrees to accept such donation. Upon receipt of such donation the city shall impose a conservation easement on such land.
   2. Condominium Association:
      Common areas and facilities may be controlled by a condominium association as provided in the Utah condominium ownership act. All common area land and facilities shall be held as a "common element".
   3. Homeowners' Association:
      Common area land and facilities may be owned by a homeowners' association, subject to applicable provisions of state law. The developer shall provide the city with a description of the organization of the proposed association, including its bylaws, and all documents governing ownership, maintenance, and use restrictions for common facilities. The proposed association shall be established by the owner or applicant and shall be operating (with a financial subsidy from the developer if necessary) before the sale of any dwelling units in the planned development. The association documents shall include the following provisions:
      1. Membership in the association shall be mandatory for each owner and its grantees, successors and assigns.
      2. Restrictions concerning common open space and/or facilities shall run with the land and not for a period of years.
      3. The association shall be responsible for the maintenance of all common open space and/or facilities, liability insurance on all common open spaces and/or facilities and paying general property taxes on all common open spaces and/or facilities.
      4. In the event the association does not maintain private common open space areas and facilities as shown on an approved site plan, the city may perform any required maintenance and may thereafter recover all costs incident to performing the required maintenance from the association and/or each of its members.
      5. Members of the association shall pay their pro rata share of costs of upkeep, maintenance, and operation of common open space and/or facilities and/or improvements not dedicated to the city. The association bylaws shall confer legal authority on the association to place a lien on the real property of any member whose dues become delinquent. The bylaws shall also provide that such delinquent dues and all accrued interest shall be paid before the lien may be removed.
      6. Written notice to all association members and to the city shall be provided no less than sixty (60) days prior to any proposed transfer of any common area land or facility, or the assumption of maintenance for common area land or facility. No such transfer shall be effective unless approved by the city, which approval shall not be unreasonably withheld so long as it is consistent with the provisions of this chapter and applicable law.
   4. Private Conservation Organization Or The City:
      Fee simple title of common area land or conservation easements may be transferred to a private nonprofit conservation organization or to the city having jurisdiction where the land is located.
   5. Grant Of Easements To The City:
      The city may, but shall not be required to, accept easements for public use of any portion of common area land or facilities. Such land shall be subject to a satisfactory maintenance agreement between the developer and the city.
   6. Noncommon Private Ownership:
      Common area land and facilities may be located on one or more privately owned lots of at least five (5) acres provided that the lot is restricted from future development through a conservation easement, except uses allowed by an approved site plan.
2. Protective Covenants:
   A declaration of building use restrictions (protective covenants) shall be required for each planned development and phase thereof. The declaration in original form bearing appropriate signatures and certifications shall be submitted to the city for approval, which approval shall not be unreasonably withheld. Such protective covenants shall include provisions that:
   1. An architectural control committee shall approve plans for all buildings proposed for erection, placement, or alteration with the planned development. The city may require that building permit applications show evidence that the architectural control committee has approved each building plan.
   2. No person, firm or entity shall change, modify or amend any of the conditions of a recorded declaration of building use restrictions for a planned development without first obtaining city approval. No change shall be approved which would be contrary to the requirements of this chapter or an approved preliminary plan.