For the purpose of this Title, the incorporated territory of Hooper City, Utah, has the following categories of overlay zones:

1. HCC 10-3A: Open Space Overlay Zone. (Repealed)
2. HCC 10-3B: Agriculture Protection Overlay Zone.
3. HCC 10-3C: Fremont Island Overlay Zone.
4. HCC 10-3D: Wetland Protection Overlay Zone.
5. HCC 10-3E: Land Conservation Overlay Zone.

A use that is allowed in the underlying base zone may be prohibited subject to the regulations of an overlay zone. An overlay zone shall not be construed to allow a use that is otherwise not allowed in the underlying base zone.

Where a property is subject to the regulations of more than one overlay zone as outlined in this Chapter, the requirements of an overlay zone shall not be waived or modified unless specifically authorized through procedures set forth in said overlay zone.

Repealed (placed as exhibit A to this title for the benefit of any previous qualifying approvals utilizing this chapter.)

The purpose of this Article is to:

1. Implement the goals, objectives, and policies of the Hooper City General Plan as it relates to Agriculture Protection Areas.
2. Protect bona fide agricultural operations within the zone from nuisance complaints related to the lawful conduct of the agricultural operation.
3. Establish the boundaries of the Agriculture Protection Zone within the City of Hooper.

These regulations shall apply to: new subdivisions within 300 feet of a duly designated Agriculture Protection Overlay Zone as shown on the official zoning maps of the city.

1. For any new subdivision development located in whole or in part within 300 feet of the boundary of an agriculture protection area, a note shall be placed upon the face of the plat. The note shall state:
   
   Agriculture Protection Area
   
   This property is located in the vicinity of an established agriculture protection area in which normal agricultural uses and activities have been afforded the highest priority use status. It can be anticipated that such agricultural uses and activities may now or in the future be conducted on property included in the agriculture protection area. The use and enjoyment of this property is expressly conditioned on acceptance of any annoyance or inconvenience which may result from such normal agricultural uses and activities.

The purpose of this Article is to:

1. Implement the goals, objectives, and policies of the Hooper City General Plan as it relates to Fremont Island.
2. Provide for a mix of land uses on Fremont Island that are a part of a stand alone development on the island.

These regulations shall apply to any proposed development on the island.

The purpose of this Article is to:

1. Implement the goals, objectives, and policies of the Hooper City General Plan as it relates to wetlands.
2. Provide for land uses that are compatible with the function of wetlands.
3. Establish the boundaries of the existing natural wetlands within the City of Hooper.
4. To promote the public health, safety, and welfare by limiting and/or placing additional restrictions on land use activities in and around wetlands.

These regulations shall apply to: new subdivisions and new construction, alteration, moving, or change of use of residential, commercial, or industrial structures within the overlay zone as identified on the Hooper City Wetlands and Floodplain Map.

1. Wetlands Development Standards.
   

The purpose of this Land Conservation Overlay Zone is to promote the public health, safety and general welfare of the present and future residents of Hooper City by providing for the protection, preservation, maintenance and use of Hooper’s land area by averaging the lot sizes of subdivision developments in order to maximize the availability of open space and undeveloped land, and to accomplish the following:

1. Maintain density levels as established by Hooper’s General Plan.
2. Maintain open space, including areas around waterways/sloughs, historical areas, agricultural land, trails, parks, and other areas as identified by Hooper City.
3. Minimize costs of maintenance.
4. Preserve existing and future small-scale and larger scale agricultural use within the City.
5. Facilitate clustering of houses to allow more compact residential areas.
6. Increase the variety of lot size available within a development/subdivision.
7. Ensure that a majority of the proposed lots have direct access to and view of the common open space.
8. Maximize the visibility of the open space from public roadways.

This Overlay is available for a development in R-1 and R-2 zones as defined in this Title of the Hooper City Code.

1. The City shall approve use of this Overlay as long as the proposed development complies with the purposes of this Overlay.
2. Lot density shall be established for each Development based on the total developable acreage of the Development that is subject to this Overlay, R-1 equals one lot per developable acre and R-2 equals two lots per developable acre.
3. Any proposed open space shall consist of land which under normal circumstances could be considered for subdivision. Lands that can be reasonably mitigated such as flood plains and wetlands are considered developable and shall be counted towards density. Floodways, lakes, and rivers which cannot be developed but provide an amenity may also be a part of the common open space, with 25 percent of this land credited towards the overall density of the development if this land is used to provide amenities to the development.

Proposed developments seeking Land Conservation Overlay shall meet the following requirements:

1. Developments shall consist of a minimum of three acres.
2. Developments shall not exceed the density levels as allowed by the General Plan and Zoning Ordinance for the location of the proposed development.
3. Minimum lot size shall be equivalent to the smallest lot size allowed by Hooper City.
4. Setbacks and other lot requirements for all residential lots shall meet the setback requirements and other zoning ordinance requirements related to the lot size. For example, a 20,000 square foot lot shall be governed by the R-2 requirements; a 13,000 square foot lot shall be governed by R-3 requirements, etc., under City Code.
5. All applications for this Overlay shall be subject to the normal subdivision review and approval process, including a Sketch Plan Review as defined by 10-3E-4, and shall be approved based upon the ability to comply with the purposes of this Overlay including a review of:
   1. Lot layout, sizing, and overall density,
   2. House clustering, and
   3. Intended and projected use of open space.
6. All applications for this Overlay shall comply with sewer connection, utility requirements and street improvement requirements, with the exception that sidewalks shall be required on all streets regardless of the zone or street classification.
7. Open Space Areas: Those areas designated to have no residential dwelling unit as part of this Overlay, or lots with residential dwelling units in which at least one-half acre is designated as open space, and may include the following ownership categories:
   1. Private
   2. Lot Owners Association, owned and/or managed (only available for 5 acres or more of open space.)
      1. Associations must meet the requirements outlined in this ordinance, AND
      2. be addressed in the development agreement.
   3. Public, if approved and accepted by the City
8. Development Agreements are required for all lots that are subject to this Overlay including Open Space Areas and residential lots within a Development, and shall be recorded against the property, through an open space easement, in a form approved by Hooper City.
9. The Planning Commission may place additional conditions or restrictions necessary to ensure development and maintenance of the common open space, including plans for deposition or re-use of property if the open space use is not maintained in the manner agreed upon or is abandoned by the owners.
10. Lots that are smaller than those allowed under the zoning for the area shall include a recorded notation that indicates uses on larger adjoining lots within the Development may include the uses permitted by the zoning that are not allowed on the smaller lots
11. Maintenance of Common Open Space: As assurance of maintenance of the common open space and other improvements where so required, the subdivider shall cause to be formed prior to the recording of the final plat, a Lot Owners Association and shall establish articles of incorporation of the Association, by-laws and covenants outlining the purpose, organization and operation of the Association.
    1. Such articles of incorporation and covenants shall among other things provide:
       1. That membership shall be mandatory for each lot purchased and each successive buyer.
       2. That Common Open Space restrictions must be permanent, not just for a period of years.
       3. That the Association shall be responsible for liability insurance, local taxes and the maintenance of recreational and other facilities.
       4. That lot owners must pay their pro-rate share of the costs.
       5. That the assessment levied by the Association can become a lien on the property.
       6. That the Association shall be able to adjust the assessment to meet changed needs.
       7. In the event the Lot Owners Association does not maintain the Common Open Space and improvements as proposed and indicated at the time of subdivision, the City may at its option, do or contract to have done the required maintenance and recover the costs incident thereto by means of a lien against the involved properties of the members of the Lot Owners Association.

1. Applicability: A diagrammatic colored Sketch Plan shall be required for all subdivisions. Sketch Plans shall be submitted to the City for review by the City Planning Department and other regulatory agencies and providers of utilities and governmental services. The purpose of the Sketch Plan is to help applicants and the City gain a better mutual understanding of the property and to help establish a design approach that respects development constraints and important open space features while providing for the density allowed under the zoning code. The Sketch Plan diagrammatically illustrates the subdivider's initial thoughts about a schematic layout for open space lands, main building sites, and street alignments. The Sketch Plan shall also be designed to meet the purposes and standards of this Chapter and other chapters of the Hooper City Code. Such plans are for informal discussion only.
2. Contents of the Application: To provide a full understanding of the property's potential and to foster the most effective exchange of information with the City Planning Department, the diagrammatic, colored sketch plan application shall include the information listed below.
   1. Name and address of the owner and the applicant;
   2. Name and address of the professional landscape architect, engineer, surveyor, planner, architect, or site designer preparing the plan;
   3. Graphic scale (not smaller than 1 inch equals 200 feet) with approximate dimensions and north arrow;
   4. Vicinity map showing approximate tract boundaries, sufficient to locate the property within the City;
   5. Estimated total acreage of the property;
   6. Existing zoning of the property;
   7. Streets on and adjacent to the tract (both existing and proposed);
   8. One-hundred year flood plain boundaries and approximate location of wetlands, if any;
   9. Schematic layout indicating a general concept for open space conservation and development;
   10. Proposed general street and lot layout;
   11. General description of proposed method of water supply, sewage disposal, and storm water management;
   12. Provide three full-size copies and two 8 ½” x 11” copies.
3. Sketch Plan Submission and Review: The subdivider shall submit copies of a diagrammatic Sketch Plan, meeting the requirements set forth above, to the City Planning Department. The City Planning Department shall review the Sketch Plan in accordance with the criteria contained in this Chapter and with other applicable ordinances of the City. Their review shall informally advise the subdivider of the extent to which the proposed subdivision conforms to the relevant standards of this Chapter and the Zoning Code and may suggest possible plan modifications that would increase its degree of conformance. Their review shall include but not be limited to:
   1. Potential for street connections with existing streets, other proposed streets, or potential developments on adjoining parcels;
   2. Locations of proposed access points along the existing road network;
   3. Proposed development density;
   4. Compatibility of the proposal with respect to the objectives and policy recommendations of the General Plan;
   5. Consistency with the City ordinances and standards.
4. There is no formal approval given to the Sketch Plan. Recommendations made by the City Planning Department to the subdivider at this stage shall not be interpreted as binding decisions representing City approval. The City Planning Department shall provide written comments to the subdivider. The diagrammatic Sketch Plan may also be submitted by the City to other relevant agencies and utility and service providers for review and comment.
5. The subdivider may move to the Preliminary Plat phase of the process following receipt of all written comments from the City Planning Department.

Unless otherwise specified in the specific use standards of HCC 10-5, Table 10-3E-1 lists principal permitted (P), accessory (A), conditional (C), or prohibited (-) open space uses within R1 and R2 residential zones.

1. Conditional uses shall be approved in accordance with the procedures in HCC 10-5. Table 10-3E-1: Allowed Use in Land Conservation Overlay Zone Open Space Areas
   P=principal permitted; A=accessory; C=conditional; (-)=prohibited
   
   

   Allowed Use	R1	R2
   Farmland, agricultural, nursery, greenhouse use	P	P
   Trail, such as pedestrian, bike or equestrian	P	P
   Natural settings	P	P
   Range, grazing, or outdoor training ground for animals	P	P
   Utility easements, drainage, retention points, or other public utilities or public purposes	P	P
   Parks or playgrounds	P	P
   Golf courses, athletic fields, or courts, and other forms of outdoor recreation	P	P
   Sheds, barns, access roads, or building necessary for or supporting care of animals, or for other permitted uses	C	C
   Off road vehicle trails and riding areas	C	C
   Hunting or trapping animals	C	C
   Commercial advertising of any kind (for sale or for rent signs allowed)	C	C
   Target, archery, or rifle range or other recreational firearm use	C	C
   Fences (except as where required by Hooper City Code)	C	C
   Parking lots	C	C
   Residential use or buildings	-	-
   Commercial use or buildings	-	-
   Dumping or trash repository	-	-
   Storage, including storage containers	-	-
   Storing of vehicles not substantially related to permitted uses, unless allowed by the Hooper City Code	-	-