Hyde Park City Zoning Code

The purpose of this ordinance is to promote water conservation.

Another purpose is to encourage attractive surroundings in areas of the city that are in residential zones. Landscaping contributes to the relief of heat, noise, and glares and assists in creating a more consistent look and feel in zones that can have quite different property uses. Safety and functionality should have priority in placement of landscaping features.

Landscaping of lots existing at the time of the adoption of this ordinance and pastures irrigated by secondary water are not subject to this ordinance. If there should be improvements to and/or expansion of the building footprint or grounds at any time following the adoption of this ordinance, affected sections of landscaping shall be subject to this ordinance.

Except for turfed area, it is the intent of this ordinance that residents be largely free to landscape their homes as they desire. However, residents should be careful that their landscape goals can be achieved with the available water.

Owners of new homes shall acknowledge the requirements and recommendations of this ordinance when signing up for utilities with the city.

HISTORY

Adopted by Ord. 2022-11 on 5/11/2022

Landscaped areas shall be maintained in a neat, clean, and orderly condition, including proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary and appropriate watering of all plantings. Failure to maintain the landscaping as provided herein shall be a violation of this chapter and enforceable as provided by law.

In no instance shall plants intrude into the right-of-way or onto the sidewalk to create a safety hazard

All areas of the parcel on which development is taking place are regulated by this chapter. Land which is not presently being developed shall at a minimum be maintained so as not to create a weed nuisance.

HISTORY

Adopted by Ord. 2022-11 on 5/11/2022

Plant Selection: Plants selected for landscaped areas shall consist of those that are suited for this climate and soil type. Plants with similar water needs should be grouped together as much as possible. Landscaping shall be completed according to the following guidelines.

1. Landscaping should be completed for detached single family dwellings on individual lots as soon as possible. Non-landscaped areas shall not violate the nuisance ordinance (Definitions 2.100.720, 2.100.740; Penalty 2.100.750)
2. Turf grass area applied to single-family residential use shall be limited to 45% of the total landscape area of the lot up to 10,000 sq. ft. and shall not be placed in an area less than 8-feet wide. . No more than 50% of front and side yard landscaping may be lawn (This does not apply to lots with less than 250 square feet of landscape area).
3. Rock/bark mulch used in plant beds should have a depth of three to four inches to prevent weed growth and retain soil moisture.
4. Ninety percent (90%) of plant materials should be water-wise as outlined in the WBWCD recommended plant list or Water Wise Plant List published by the Utah State University Extension.
5. Areas with slopes greater than 25% grade should use perennial and woody ornamental plants that require minimum water and provide soil stabilization for erosion control. Turf grass should not be used on slopes with a grade over 25%; unless irrigated with a cycle-soak method.
6. Cycle Soak Method: valves should be programmed for multiple repeat cycles where necessary to reduce runoff, particularly on slopes of 10% or greater and soils with slow infiltration rates.
7. Vegetable gardens and flower beds are allowed.
8. The net landscaped area in a front yard should include:
9. A minimum of one tree
10. Minimum fifty percent (50%) coverage of plant materials using a combination of shrubs, annual plants, perennial plants, ground cover, and/or turf grass. Species, size, and placement of landscape elements shall be determined by the homeowner.
11. The following park strip design and landscaping standards shall apply:
12. Turf and asphalt are not allowed in the park strip.
13. No more than 50% of the park strip may be poured concrete or similar solid paving surface for driveway, walkway approaches, and vehicle drop off areas.
14. Shrubs and other plant material located within the park strip shall not exceed two feet in height at maturity.
15. Potentially hazardous plant material and/or plant material containing thorns or spikes are prohibited.
16. Rock or bark mulch may be used in the park strip. To prevent mulch from spreading onto sidewalks or street areas, bark/wood mulch and pea gravel or similar rock mulch less than a minimum sorted size of one inch, shall not be allowed in the park strip or adjacent to a street or sidewalk except as a mix of rock mulch of the same type, color, and texture. This may include a variety of cobble sizes or crushed aggregate fines intended for pathway, outdoor patio surfaces, or similar application.
17. Perpetual maintenance of the surface materials and plant materials in the park strip shall be the responsibility of the abutting property owner.
18. Park strip landscaping shall not be counted as part of the required percentage of landscaping for each private property.
19. Where secondary water is not currently available, at the time the water supply line to a house is installed, the builder shall furnish and install a stop-and-waste valve with an access sleeve and capped mainline to the surface to facilitate future sprinkler system installation. The stop-and-waste valve may also be located inside the home with a mainline extended to the exterior of the foundation wall and capped. The city recommends that each homeowner develops an Irrigation Plan. The irrigation plan should show the irrigation zones, sprinkler head locations and types, drip irrigation plan, and water mains and valves consistent with the final landscape plan design. The plan should include the following design standards:
20. Irrigation Controller. Landscaped areas should be provided with a WaterSense labeled smart irrigation controller equipped with automatic rain delay or rain shut-off capabilities.
21. Irrigation systems should be pressure regulated to approximately 35 to 50 PSI.
22. Each valve should irrigate a landscape with similar site, slope and soil conditions, and plant materials with similar watering needs. Turf and non-turf areas should be irrigated on separate valves. Drip emitters and sprinklers should be placed on separate valves.
23. Drip emitters or bubblers should be provided for each tree planted in landscape beds that are not irrigated by overhead sprinklers.
24. Pop-up spray heads should be at a minimum of four inches in height to clear turf.
25. Sprinklers heads should have matched precipitation rates with each control valve circuit.
26. Sprinkler heads should be attached to lateral lines with flexible material (swing joints) to reduce potential for breakage.
27. Valves should be programmed for multiple repeat cycles where necessary to reduce runoff, particularly on slopes of 10% or greater and soils with slow infiltration rates (cycle-soak method).
28. Corner Lots: Where a parcel is on a corner lot, the landscaping shall not exceed thirty inches (30") in height within a triangular area formed by the street property lines and a line connecting them at points thirty feet (30') from the intersection.
29. Fences see: 12.30.080 Fence Height Regulations
30. Trees planted along streets shall be a minimum of 40’ from the intersection. Tree branches must be pruned back from the street. In no instance shall trees intrude into the right-of-way or onto the sidewalk to create a safety hazard.
31. Any trees planted under or near overhead utility lines shall be of the types that do not exceed twenty (20’) in height when mature (see Small Trees for Planting Near Power Lines published by USU extension).

HISTORY

Adopted by Ord. 2022-11 on 5/11/2022

Amended by Ord. 2023-02 on 3/22/2023

Model homes and completed subdivisions shall provide educational programs and examples of waterwise landscaping for resident reference.

1. Educational programs
2. Single Family Model Home Demonstration Landscaping.
3. Homebuilders and/or developers subdividing lots and/or constructing new single-family residential homes shall offer a water-efficient landscaping option to prospective homebuyers, consistent with the guidelines in this ordinance the standards. The water-efficient landscaping option shall meet the Landscape Design Standards and Irrigation Design Standards of this ordinance, and the turf area shall not exceed 45% of the total landscaped area.
4. Homebuilders and/or developers who construct model homes for a designated subdivision shall have a model home with water-efficient landscaping, consistent with the standards outlined in this ordinance.
5. Model homes shall have landscaping and irrigation plans approved by the Building Department prior to issuance of building permits, for which no variance may be granted, and which meet the aforementioned requirements.
6. The Water Checks program, sponsored by USU, will provide a no cost evaluation of outdoor water use for residents of Hyde Park. To sign up please contact the city or click here water check signup.

HISTORY

Adopted by Ord. 2022-11 on 5/11/2022

1. As of January 1, 2022, any Homeowners Association governing documents, such as bylaws, operating rules, covenants, conditions, and restrictions that govern the operation of a common interest development, are void and unenforceable if they:
2. Require the use of turf in landscape areas in a manner that is inconsistent with the requirements of this Chapter; or
3. Prohibit, or include conditions that have the effect of prohibiting the use of water-conserving plants as a group; or
4. Have the effect of prohibiting or restricting compliance with this ordinance or other water conservation measures.

HISTORY

Adopted by Ord. 2022-11 on 5/11/2022