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Hurricane City Zoning Code

CHAPTER 32

- LANDSCAPING AND WATER EFFICIENCY STANDARDS13


Footnotes:
--- (13) ---

Editor's note— Ord. No. 2024-02, adopted January 4, 2024, repealed ch. 32, §§ 10-32-1—10-32-12, and enacted a new ch. 32 as set out herein and later amended. Former ch. 32 pertained to landscaping and screening and derived from Ord. No. 2023-04, adopted February 16, 2023.


Sec. 10-32-1.- Purpose.

The purpose of this chapter is to promote public health, safety, and welfare by establishing minimum standards for the preservation, installation, and maintenance of landscaping and buffering and conserving the public's water resources by establishing minimum conservation standards for new development.

(Ord. No. 2024-02, 1-4-2024)

Sec. 10-32-2. - Applicability.

The standards within this chapter shall be required for single and multi-family residential, commercial, institutional, and industrial development; construction activity; and landscape installation that uses potable, secondary, or reuse water provided by the Washington County Water Conservancy District or Hurricane City.

These standards are not intended to conflict with state law. Any requirement in conflict with state law shall not apply.

Unless specified, all measures within these standards are applicable to all development and landscape installation undertaken after the adoption date of these standards.

(Ord. No. 2024-02, 1-4-2024)

Sec. 10-32-3. - Definitions.

The following definitions shall apply to this chapter:

Active recreation area means dedicated active play areas where irrigated lawn is used as the playing surface, such as a sports field designed for public use. Lawn areas within active recreation areas shall be:

1.

A minimum of 1,500 contiguous square feet of lawn area.

2.

Not less than 30 feet in any dimension.

3.

Not less than ten feet from areas dedicated to vehicular use, such as a street or parking lot.

4.

Designed and located to be accessible to large populations, such as at a school, daycare, recreation center, senior center, public park, private park, water park or religious institution.

5.

Co-located with amenities, including but not limited to trash bins, benches, tables, walking paths, drinking water, playground equipment and/or other recreational amenities.

Lawn means irrigated nonagricultural land planted in closely mowed, managed grass.

Irrigation plan means a plan that shows the components of an irrigation system, including water meter size, backflow prevention, precipitation rates, flow rate, operating pressure for each irrigation circuit, and identification of all irrigation equipment.

Landscape area means area within a lot, parcel, or development that is not the home footprint, driveway, sidewalk or patio. Areas utilized for agriculture are not landscaped areas.

Landscape plan or planting plan means a plan that clearly and accurately identifies the location and species of new and existing trees, shrubs, ground covers, and other plants on a site, and any other landscape element, and includes an irrigation plan.

Mulch means material (such as, but not limited to, rock, bark, wood chips) uniformly applied upon the surface of the soil to reduce evaporation and weed growth. Mulches must allow penetration of water and air. For purposes of this standard, ungrouted pavers, stepping stones and artificial turf manufactured to be permeable to air and water may be considered mulch.

Park strip means a typically narrow landscaped area located between the back-of-curb and sidewalk.

Planting bed means areas of the landscape that consist of plants, such as trees, ornamental grasses, shrubs, perennials and other regionally appropriate plants.

Secondary irrigation water means non-potable water that is untreated and used for irrigation of outdoor landscaping.

Secondary irrigation system means a water system designed to deliver secondary irrigation water to property for the purpose of irrigation of outdoor landscaping.

Water park means a water play area designed for commercial uses or resort developments with enhanced water features, including but not limited to pools, slides, splash pads, spray grounds, lazy rivers, or similar recreational water related activities. Water parks are distinguished from pools or splash pads in that they contain multiple water related features and are larger in impact.

(Ord. No. 2024-02, 1-4-2024)

Sec. 10-32-3.5. - Continued compliance and enforcement.

Violations of the provisions of this chapter shall be governed by chapter 9 of this title.

Landscaping, buffering and site design features required by this chapter shall be continuously maintained as provided in this chapter. The provisions of this chapter shall not apply to any agricultural use. Public, civil, commercial, and residential permitted uses in an agricultural zone are not exempt.

(Ord. No. 2024-02, 1-4-2024)

Sec. 10-32-4. - Landscaping plan.

A.

Information required. Whenever a landscaping plan is required by this title, such plan shall demonstrate compliance with the provisions of this chapter and shall show the following information:

1.

Landscaping materials.

2.

Location and spacing of existing and proposed plantings.

3.

Plant sizes.

4.

Proposed treatment of ground surfaces.

5.

Irrigation plan.

B.

Visual obstructions. Landscape plans shall conform to the visual obstruction requirements of subsection 10-37-9E of this title.

(Ord. No. 2024-02, 1-4-2024)

Sec. 10-32-5. - Deviation from strict compliance.

A.

Deviations authorized. Recognizing that site conditions and development constraints may vary greatly among sites, the Planning Commission may approve landscape plans that deviate from strict compliance with the provisions of this chapter. Any proposed deviation from the requirements of this chapter shall be:

1.

Clearly identified on the proposed landscape plan; and

2.

Accompanied by a written description of the proposed deviation showing how the intent of this chapter will be met by the proposed plan.

B.

Findings required. The Planning Commission may authorize a landscape plan deviation only if it finds the deviation:

1.

Is consistent with the intent of this chapter;

2.

Is justified by site constraints;

3.

Is of comparable quality to what would otherwise be required without a deviation; and

4.

Will conform to the water efficiency standards set out in this chapter.

(Ord. No. 2024-02, 1-4-2024)

Sec. 10-32-6. - Required landscaping.

A.

General requirement. Landscaped areas may include trees, shrubs, vegetative, organic and inorganic ground cover, and other organic and inorganic materials identified in an approved landscaping plan. All required landscape areas shall be occupied by plant material or ground cover. Areas between living plants shall have mulch upon the soil surface with exceptions for areas being restored to appear as native desert.

B.

Landscaping adjacent to a public street. Except for approved driveways and pedestrian walkways, a landscaped area of ten-foot minimum shall be provided adjacent and parallel to the frontage of a public street as follows:

1.

A ten-foot wide landscaped area on any commercial development.

2.

At least one tree and three shrubs shall be planted for every 35 feet of street frontage in a required landscaped area. Such trees and shrubs may be clustered, provided that no tree shall be within five feet of another.

3.

The slope of any earth berm shall not exceed a vertical to horizontal ratio of one to two and shall be treated with suitable ground cover to prevent soil erosion.

C.

Parking strip landscaping. All parking strips shall be landscaped.

D.

Parking lot landscaping.

1.

Every parking lot consisting of more than ten spaces and 3,500 square feet of area shall contain internal landscaped areas as follows:

a.

Multiple-family residential. A minimum of ten percent of total parking lot area.

b.

Office and commercial. A minimum of seven percent of total parking lot area.

c.

Industrial and warehouse. A minimum of five percent of total parking lot area.

2.

For every ten required parking spaces, or portion thereof, a minimum of two shrubs and one deciduous tree shall be provided within the internal parking area. The species of such trees shall be such that at maturity a tree canopy is provided to shade the parking area below each tree.

3.

Landscaped areas shall contain a minimum of 25 square feet and shall have a minimum average width of at least five feet.

4.

Landscape islands should be located in the following priority:

a.

To define major drives and accessways;

b.

To delineate ends of parking rows;

c.

At aisle intersections; and

d.

Within parking rows.

F.

Landscaping in a multiple residential development. Open space and common areas within a multiple residential development shall include a minimum of one tree and two shrubs per dwelling unit.

(Ord. No. 2024-02, 1-4-2024)

Sec. 10-32-7. - Plant material standards.

A.

Plant characteristics. Plant materials used to provide landscaping should be:

1.

Drought tolerant;

2.

Have noninvasive growth habits;

3.

Have low maintenance characteristics; and

4.

Be commercially available.

B.

Plant quality. Plants installed pursuant to this chapter shall conform to or exceed the plant quality standards of the most recent edition of American Standard for Nursery Stock published by the American Nursery and Landscape Association.

C.

Artificial plants. No artificial plants shall be used to meet any standard of this chapter except by special permission of the Planning Commission.

D.

Tree diameter and height.

1.

Trees planted to satisfy the standards of this chapter shall have a minimum caliper (diameter) of two inches measured at ground level.

2.

Evergreen trees planted to satisfy the standards of this chapter shall have a minimum height of four feet.

3.

Shrubs planted to satisfy the standards of this chapter shall have a minimum height of 18 inches at the time of planting.

E.

Ground treatment. Ground area within a required landscape area shall be landscaped and present a finished appearance upon completion of landscaping. Additional ground cover may consist of plant materials characterized by horizontal as well as vertical growth, generally not exceeding 18 inches in height. Up to 85 percent of additional ground cover may consist of mulch such as decomposed granite, gravel, crushed rock, bark chips, or other similar material. Porous landscape fabric shall be required under these types of ground cover.

(Ord. No. 2024-02, 1-4-2024)

Sec. 10-32-8. - Installation, irrigation, and maintenance.

Any required landscaping shall be installed, irrigated, and maintained in accordance with the following standards:

A.

Installation. All landscaping shall be installed according to accepted nursery practices.

B.

Verification of installation. Prior to issuing a certificate of occupancy, the Zoning Administrator shall verify that the requirements of this chapter have been met and the required landscaping and screening has been installed in compliance with the approved landscape plan.

C.

Irrigation. Landscape areas shall be irrigated as necessary to maintain required plant materials in good and healthy condition, while at the same time avoiding water waste through inefficient irrigation.

D.

Maintenance. Landscape areas, including park strips, shall be maintained in a healthy, neat, and orderly condition as follows:

1.

Landscaped areas shall be free of weeds and litter;

2.

Landscape structures (e.g. walls, fences) shall be repaired or replaced in a structurally sound condition consistent with original appearance; and

3.

The City may require that any dead trees, shrubs and plants be replaced within the current or next planting season.

(Ord. No. 2024-02, 1-4-2024)

Sec. 10-32-9. - Substitute plant materials.

The Zoning Administrator may approve installation of comparable substitute plant materials to satisfy the requirements of an approved landscape plan when approved materials are unavailable or when other unforeseen conditions prevent the use of materials shown on an approved landscaping plan. Any significant change to approved landscaping plans shall be reviewed and approved by the Planning Commission.

(Ord. No. 2024-02, 1-4-2024)

Sec. 10-32-10. - Temporary suspension of landscaping installation.

During periods of adverse weather conditions or when plants and landscape materials are not available, the Zoning Administrator may issue a temporary certificate of occupancy, provided the landowner enters into an agreement with the City that requires the installation of required landscaping within a reasonable time.

(Ord. No. 2024-02, 1-4-2024)

Sec. 10-32-11. - Site feature buffering and screening.

The following site features shall be screened as provided below:

A.

Trash receptacles. Trash receptacles in a multiple-family residential, commercial, public facility, business/manufacturing park, or professional office zone shall be screened from view by a wall or fence which:

1.

Is at least six feet in height;

2.

Provides complete visual screening of the receptacle; and

3.

Is compatible in material and color with the main building on the lot.

B.

Permitted outdoor storage. Outdoor storage areas permitted by this title shall be screened from view by an opaque fence or wall. Nonopaque fencing, such as powder or vinyl coated chainlink, may be used to satisfy this requirement in industrial zones if vinyl slats are inserted into the fence.

C.

Ground mounted utility boxes, meters, and mechanical equipment. Ground mounted utility boxes, meters, and mechanical equipment shall be screened from view by landscaping or architectural elements compatible in material and color with the primary structure(s) on the premises. This requirement shall not apply to:

1.

Rear and rear side yard locations adjacent to other service or mechanical areas not adjacent to a public street; and

2.

Development in agricultural and single-family residential zones.

(Ord. No. 2024-02, 1-4-2024)

Sec. 10-32-12. - Water efficiency standards.

A.

Indoor requirements.

1.

Fixtures. New and future installations of plumbing fixtures must meet or exceed the water conservation requirements specified in Utah Code.

2.

Hot water recirculation systems. Hot water recirculation systems shall be installed in single and multi-family properties exceeding 1,400 square feet unless hot water can be delivered without displacing more than 0.6 gallons of water.

3.

Car wash facilities. All car wash facilities shall be plumbed during construction for water recycling systems and not exceed an average of 35 gallons of potable water per washed vehicle.

B.

Outdoor landscaping standards. All landscape projects, including new installations and rehabilitation, shall comply with the following standards:

1.

Where lawns are allowed, spray irrigation may be used. All other plant material must be irrigated from a drip irrigation system equipped with a pressure regulator filter, flush-end assembly and emitters rated for 20 gallons per hour (gph) or less.

2.

Drip irrigation and sprinkler irrigation may not be served from the same irrigation valve.

3.

Automated irrigation systems must use a US EPA WaterSense labeled smart controller or a similar weather-based controller if an appropriate WaterSense model is not available for the specific application.

4.

The standards for living plant cover to help mitigate heat island impacts and soil erosion are set out in sections 10-32-6 and 10-32-8 of this chapter.

5.

Lawn allowances:

a.

Single-family residential. Eight percent of any residential lot, or 2,500 square feet, whichever is less. Lots less than 7,500 square feet are allowed up to 600 square feet of lawn.

b.

Limited common area developments. Single family homes with limited common areas designated for the exclusive use of the adjacent dwelling shall have the same allowances as a single-family home.

c.

Attached multi-family residential. Up to 100 square feet per dwelling unit used in functional applications. Properties with less than six dwelling units are allowed up to 600 square feet of lawn.

d.

Commercial, institutional and industrial. Lawn areas are prohibited except where an active recreation area is appropriate, such as at a childcare center or athletic complex.

e.

No lawn shall be less than eight feet in any dimension, or upon a slope with a grade exceeding 25 percent (one foot of rise per four feet of run). To the extent possible, spray irrigation should be free from obstructions (trees, signs, posts, enclosures, etc.).

6.

Certain special purpose landscape areas (e.g. stormwater management areas, cemeteries, etc.) may receive exceptions from the slope or lawn allowances and other elements of the landscaping requirements. Exceptions shall be considered by the City on a case-by-case basis.

C.

Metering.

1.

All attached and detached single-family dwelling units with ground floor square footage shall be separately metered, submetered, or equipped with alternative technology capable of tracking the water use of the individual unit.

2.

All non-single family residential projects require separate meters for outdoor water use when irrigating more than 5,000 square feet.

D.

Other regulations and restrictions.

1.

Manmade ornamental water features are limited to 25 square feet per parcel and are limited to the parcel.

2.

All golf courses using district or city supplied water shall have a separate meter for irrigation. All golf courses, without regard to date of construction, shall be required to submit and follow a water budget and identify water conservation measures for regular city and water provider review. New golf courses and expansions of existing golf courses using any water supplied by the City, the Washington County Water Conservancy District, or a canal or irrigation company are prohibited.

3.

The creation of artificial ponds, lakes, or water parks as part of new commercial, resort, or residential development using any water supplied by the City, the Washington County Water Conservancy District, or a canal or irrigation company is prohibited.

a.

The City may approve a water park in a recreation resort development only by consolidating multiple pools or other recreation amenities to meet requirements in chapter 10-26 of this Code.

b.

Improvements related to civic, stormwater facilities, and agriculture and livestock use are exempt from these provisions.

4.

Misting systems. Misting systems are permitted from May through September when temperatures exceed 90 degrees.

(Ord. No. 2024-02, 1-4-2024)