A.

To encourage and provide a means of effectuating desirable development through the use of variations in siting, mixed land uses, and/or varied dwelling or other buildings.

B.

To preserve the amenities and compatibility of P zones by adoption of a general development plan showing proper orientation, desirable design character, and compatible land uses.

C.

To provide for the orderly preplanning and long-term development for a variety of uses or large tracts of land which are under unified ownership or development control, so as to ensure that the entire tract will provide an environment of stable and desirable character.

D.

To give the developer reasonable assurance that phased development plans prepared in accordance with an approved general plan will be acceptable to Honeyville City.

Phased development plans shall include subdivision plans and/or site plans as provided for in this chapter.

E.

To enable the adoption of measures providing for development of the surrounding area in character compatible with the planned zone.

(Adopted by Ord. 2009-01 on 4/8/2009)

The following provisions shall apply in a P zone, which zone shall also be subject to other provisions of this code, except that where conflict in regulations occur, the regulations specified in this chapter, or on a development plan approved pursuant to this chapter, shall apply.

A.

P zones may be established on parcels of land which are suitable for, and of sufficient size, to be planned and developed in a manner consistent with the purposes and objectives of this chapter. No P zone shall include less than five (5) acres of contiguous land.

B.

No ordinance establishing a P zone shall be adopted unless and until there is on file with Honeyville City written consent of every property owner within such zone at the time of adoption of the ordinance, agreeing:

1.

That the owner will be bound by the conditions and regulations proposed and which will be effective within the zone, and

2.

To record such written agreement with Honeyville City and the Box Elder County recorder.

C.

Before detailed studies of any P zone development plans shall be undertaken by the planning commission, there shall be on file with Honeyville City the written request of all property owner(s) within the proposed zone that such detailed studies be made.

D.

Standards for area, coverage, density, yard requirements, parking and screening for P zone uses shall be governed by the standards of the residential, commercial, or industrial zone most similar in nature and function to the proposed P zone use(s), as determined by the planning commission, and as contained in an approved preliminary design plan for the development. Standards for public improvements shall be governed by applicable ordinances, regulations and laws. Exceptions to or modification of these standards may be made by the planning commission and by the city council, when these bodies find that such exceptions encourage a desirable living environment and are warranted in terms of the proposed development as a whole.

(Adopted by Ord. 2009-01 on 4/8/2009)

Prior to the filing of a formal P zone rezoning application, the applicant shall have obtained concept plan approval for the development from the planning commission, which plans shall have been certified to the city council. Upon receipt of the approved concept plan, the city council shall proceed with the rezoning procedures outlined in this code. Such procedures shall be deemed to have been satisfied by the meeting of the development requirements (which must be met incident to obtaining concept plan approval from the planning commission).

(Adopted by Ord. 2009-01 on 4/8/2009)

After public hearing following required legal notice, the city council may by ordinance establish a P zone, provided that it finds that the facts submitted with the application and presented at the hearing establish that:

A.

The proposed development or a given unit thereof can be substantially completed within two (2) years of the establishment of the P zone.

B.

Each phase of the development, as well as the total development can exist as an independent unit capable of creating an environment of sustained desirability and stability, or that adequate assurance will be provided that such objective will be attained; and that the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under other zoning.

C.

The streets proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the P zone.

D.

Commercial development can be justified economically at the locations proposed, if any, to provide commercial facilities.

E.

The area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development.

F.

Any exception from standard ordinance requirements is warranted by the design and amenities incorporated into the final plan.

G.

The P zone is in conformance with the general plan.

H.

Existing or proposed utility services are adequate for the population and use densities proposed.

(Adopted by Ord. 2009-01 on 4/8/2009)

At the time of adoption of any ordinance establishing a P zone, the city council shall make appropriate arrangements with the applicant to ensure the accomplishment, at the scheduled times, of the public improvements, public dedications, and grants of easement to be shown on the approved concept plan. The P zone shall be given an appropriate name, number or letter to identify it; and, the approved concept plan shall be adopted by reference and become a part of this code.

(Adopted by Ord. 2009-01 on 4/8/2009)

A.

If no development has occurred to effectuate a P zone development within two (2) years after the zone is created, the planning commission shall review the action and determine whether or not the continuation of a given P zone is in the public interest. If the planning commission so recommends, the city council may order the area reverted to the original zone from which it was created.

B.

If the land within a P zone is sold to a new owner(s), the planning commission or the city council shall require the new owner(s) to accept in writing all obligations and guarantees required by the preliminary design plan of the original owner(s). In the event that such agreement is not provided, the city council may return the zoning of the P zone to the original zoning which existed prior to creation of the P zone.

C.

If the owner(s) or developer of the P zone is unwilling or unable to carry out the requirements of the preliminary design plan because claimed adequate water supplies, wastewater disposal, streets, or other major elements of approval cannot or will not be provided as required, the city council may stop all development in the zone until such failure has been remedied or may revert the zoning to the original zoning which existed prior to creation of the P zone, without waiting for the two (2) year period provided above.

(Adopted by Ord. 2009-01 on 4/8/2009)

Notwithstanding the flexibility offered to development within a P zone, at no time will the following be allowed:

A.

Dwellings or commercial structures located on less than one-half ( ¹ / ₂ ) acre, and only with approval and assurance from district sanitation that water treatment/disposal is adequate.

B.

A street less than sixty feet (60') in width.

C.

Noncompliance to setback and height requirements for structures from the zone most normally applicable to such structures.

D.

Open or public spaces left barren, unlandscaped or otherwise unsightly or unprotected from erosive elements.

E.

Anything which could be deemed to create an unmitigated safety hazard or otherwise cause a public nuisance.

(Adopted by Ord. 2009-01 on 4/8/2009)