The open space and habitat preservation district (OS) is provided by the city to:

   (1)   Preserve areas of significant natural resources and open spaces, such as areas of native vegetation, rock outcrops, lava fields and views.

   (2)   Preserve wildlife habitat areas.

   (3)   Provide a mechanism to promote the economic value and benefits of open space areas to the city and the accompanying values and amenities of views and natural areas.

   (4)   Provide a mechanism for the long term protection of environmentally sensitive areas.

   (5)   Provide a mechanism for property owners to designate and restrict the use of their property for open space uses.

   (6)   Provide areas of open spaces required to protect the public health, welfare and safety. (Ord. 2005-13, 2005)

The open space and habitat preservation district (OS) is a stand alone special purpose district that may be applied by the city council, following the receipt of a commission recommendation, to lands owned by the city, or other local, state or federal government agencies for the purpose of the district. The open space and habitat preservation district (OS) may also be applied to privately owned land for the purpose of keeping the land as open space, with the written consent of the property owner. All land areas included within the open space and habitat preservation district (OS) are identified on the city zoning districts map and the requirements of the district shall automatically apply to all such lands without any further action by the commission or city council. (Ord. 2005-13, 2005)

The special purpose districts table of uses (table 7-1 in this chapter) identifies the uses allowed within the open space and habitat preservation district (OS). (Ord. 2005-13, 2005)

The special purpose districts table of development standards (table 7-2 in this chapter) identifies the requirements for the establishment of any use allowed within the open space and habitat preservation district (OS). (Ord. 2005-13, 2005)

The purpose of the drinking water source protection overlay district (SP) is to achieve the purposes of all land use ordinances, to protect the quality of the city culinary water system, and to achieve the purposes of the state drinking water source protection rule, R-309, as amended. (Ord. 2005-13, 2005)

The drinking water source protection overlay district is an "overlay district", the boundaries of which are identified on the city drinking water source protection map. The drinking water source protection overlay district (SP) is divided into four (4) source protection zones, the locations of which are also identified on the drinking water source protection map. All land areas included within the drinking water source protection overlay district (SP) are identified on the city drinking water source protection map and the requirements of the district shall automatically apply to all such lands without any further action by the commission or city council. (Ord. 2005-13, 2005)

The drinking water source protection overlay district is identified as follows:

   (1)   Drinking water source protection overlay zone 1 (SP-1) applies to all lands located within a one hundred foot (100') radius of the city 400 east well.

   (2)   Drinking water source protection overlay zone 2 (SP-2) applies to all lands within a two hundred fifty (250) day ground water time of travel to the city 400 east well, or the boundary of the aquifer that supplies water to the well.

   (3)   Drinking water source protection overlay zone 3 (SP-3) applies to all lands within a three (3) year ground water time of travel to the 400 east well, or the boundary of the aquifer that supplies ground water to the well.

   (4)   Drinking water source protection overlay zone 4 (SP-4) is the area within a fifteen (15) year ground water time of travel to the 400 east wellhead, or the boundary of the aquifer that supplies water to the ground water source. (Ord. 2005-13, 2005)

Unless design standards are approved by the state department of environmental quality to control a potential contamination and prevent discharges to the ground water, and the proposed use meets all other requirements of the land use ordinances, no approval, license or permit shall be issued for any use proposed to be located within drinking water source protection overlay zone 1 or drinking water source protection overlay zone 2, and determined to be:

   (1)   A potential contaminations source; or

   (2)   A pollution source. (Ord. 2005-13, 2005)

Unless design standards are approved by the state department of environmental quality to control a potential contamination and prevent discharges to the ground water, and the proposed use meets all other requirements of the land use ordinances, no approval, license or permit shall be issued for any use proposed to be located within drinking water source protection overlay zone 3 or drinking water source protection overlay zone 4 and determined to be a potential contaminations source. (Ord. 2005-13, 2005)

The boundary of a drinking water source protection overlay district may be amended by the city council, following a commission recommendation, if it can be shown that a new boundary can accomplish all the purposes of the land use ordinances, as follows:

   (1)   An applicant for a drinking water source protection overlay zone boundary amendment presents all information and materials required for a zoning districts map amendment application, and further provides information and materials sufficient to identify the reasons for a drinking water source protection overlay zone boundary amendment. The information and materials provided shall include a hydrogeologic investigation, meeting the requirements of the state department of environmental quality.

   (2)   Following the submission to the zoning administrator of a zoning districts map amendment application, and other information and materials sufficient to identify the reasons for a drinking water source protection overlay zone boundary amendment, and hydrogeologic investigation, meeting the requirements of the state department of environmental quality, the zoning administrator shall comply with all procedures and requirements for a zoning districts map amendment application, as provided by chapter 5 of this title.

   (3)   Prior to the commission providing a recommendation to the city council on the proposed drinking water source protection overlay zone boundary amendment, and prior to the city council taking any action on the proposed drinking water source protection overlay zone boundary amendment, information and other materials shall be received from the state department of environmental quality identifying that the hydrogeologic investigation is protective and meets the requirements of a delineation report according to the state drinking water source protection rule, R309-600, as amended.

   (4)   Following the completion of all procedures for a zoning districts map amendment application, as provided by chapter 5 of this title, and with a finding by the city council that the purposes of the land use ordinances can be secured and the amended drinking water source protection overlay zone boundary meets the requirements of the state department of environmental quality, as applicable, a drinking water source protection overlay zone boundary amendment application may be approved, or approved with conditions. (Ord. 2005-13, 2005)

The purposes and all other requirements and provisions applicable to the sensitive lands overlay district (SL) are more fully provided by chapter 8 of this title. (Ord. 2005-13, 2005)

The sensitive lands overlay district (SL) is an "overlay district", the boundaries of which are identified on the city sensitive lands map. All lands identified as being located within the sensitive lands overlay district (SL) are identified on the city sensitive lands map and the requirements of the district shall automatically apply to all such lands without any further action by the commission or city council. (Ord. 2005-13, 2005)

The planned development overlay district (PD) is provided by the city as an "overlay district" to provide an alternative development and subdivision option that allows some flexibility in the development requirements of the underlying district. The planned development overlay district (PD) does not establish, by itself, any use or development potential for the subject property and does not establish allowed density. Rather, the identification of allowed uses, and allowed density (or base density) is established by the underlying zoning district.

The planned development overlay district (PD) allows for cluster subdivisions and requires creative and efficient subdivision designs that provide areas of open space, and other desirable subdivision design features. The district provides a mechanism to promote the economic values and benefits of open space areas to the city and the accompanying values and amenities of views and natural areas. The planned development overlay district (PD) is provided to promote efficiencies in the delivery of required infrastructure, facilities and services, and reductions in initial subdivision development costs and long term maintenance costs.

All subdivisions located within a planned development overlay district (PD) shall require a subdivision layout that achieves the following objectives:

   (1)   Protection of scenic, historic and sensitive lands, including areas containing features such as steep slopes, rock outcroppings, lava fields, wildlife habitat, floodplains, wetlands, or unique or other natural features.

   (2)   Provides a subdivision design that respects the topography of the site and encourages efficiencies in the delivery of infrastructure, facilities and services, including reductions in the length of streets and roads, subdivision site disturbance, utility runs and the amount of required paving and hard surfacing.

   (3)   Provides reductions in the potential for erosion and sedimentation by the retention of existing vegetation, and the minimization of disturbed areas.

   (4)   Provides usable and linked open space areas, including public access, recreation areas and trails.

   (5)   Creates neighborhoods with direct visual or recreational access to open space areas.

   (6)   Preserves views. (Ord. 2005-13, 2005)

In addition to the requirements for a zoning districts map amendment application, an application for a zoning districts map amendment to establish a planned development overlay district (PD) shall provide:

Identification of all sensitive lands areas. A sensitive lands determination and inventory shall be provided, if applicable, consistent with the requirements of chapter 8 of this title, which identifies all sensitive lands areas that may be located within the property boundaries proposed for the establishment of a planned development overlay district (PD). (Ord. 2005-13, 2005)

As an overlay district, the identification of the allowed uses, development requirements and standards, and all other applicable requirements are determined and controlled by the underlying zoning district, or "base zone", unless such standards are modified to the extent provided by the planned development overlay district (PD).

The application of the planned development overlay district (PD) to any lands within the city shall require the approval of a zoning districts map amendment application, as provided by chapter 5 of this title, concurrent with the approval of a subdivision application. If approved, and as an example only, a zoning districts map amendment application to allow a planned development overlay district (PD) for an area located within an existing residential estates RE-25.0 district, would be identified on the zoning districts map as RE-25.0 (PD), identifying the residential estates RE-25.0 District as the underlying district with a Planned Development Overlay District, and (PD) as the "overlay" district. (Ord. 2005-13, 2005)

A Planned Development Overlay District (PD) shall only be applied to property located within a Residential Agricultural RA-5 or RA-1 District, or Residential Estates RE-43.0, RE-37.0, or RE-25.0 District. (Ord. 2017-06, 2017)

A zoning districts map amendment application to establish a Planned Development Overlay District (PD) may be approved by the City Council, following the receipt of a commission recommendation, and following the completion of all requirements for a zoning districts map amendment application, as required by chapter 5 of this title, concurrent with approval of a subdivision application. The City Council, in approving a zoning districts map amendment application, and the commission in formulating a recommendation, shall find that the Planned Development Overlay District (PD):

   (1)   Is consistent, and does not conflict, with any policy of the General Plan.

   (2)   Meets the purposes of this chapter.

   (3)   Provides a better land use pattern and subdivision design with increased amenities than would be likely if the property were developed without the establishment of a Planned Development Overlay District.

   (4)   Promotes economies in the provision of infrastructure, facilities and services and promotes efficiencies in the long term maintenance of open space areas and amenities.

   (5)   Meets all requirements of chapter 5 of this title for the approval of a zoning districts map amendment application. (Ord. 2005-13, 2005)

Applications for subdivision approval or any other application for any approval, permit or license required by all land use ordinances for lands located in a Planned Development Overlay District (PD) shall be submitted and reviewed in accordance with the requirements and procedures of all land use ordinances, as applicable. (Ord. 2005-13, 2005)

The allowed base density for any proposed subdivision located in a Planned Development Overlay District (PD) shall be determined by dividing the total area of the subdivision site, less twenty percent (20%) of the total site area required for street rights-of-way, utility easements and other encumbrances, by the minimum lot size requirement of the base zoning district in which the property is located, excluding any areas proposed to be used for schools, churches, public facilities, or any other similar uses. (See appendix B of this title for an example of a calculation of base density in the Planned Development Overlay District.) (Ord. 2005-13, 2005)

A planned development project plan ("project plan") shall be presented to the commission for recommendation, and approval by the City Council, concurrent with and as part of the application for a zoning districts map amendment application to establish a Planned Development Overlay District (PD). The project plan must achieve, and must identify techniques to provide uniform and compatible site and building standards when the project area is completely built out. The planned development project plan must demonstrate compliance with the requirements of this chapter and all other requirements of all land use ordinances, as applicable.

The planned development project plan may be required to be accompanied by, or included within, the provisions of a development agreement, when deemed necessary by the City Council. The planned development project plan shall include all property proposed for a Planned Development Overlay District (PD) and shall show all phases of the development (including any phasing plans). Once approved by the City Council, the project plan shall be controlling for all required future approvals, permits and licenses, including, but not limited to, subdivision and use applications, and any other requirements of all land use ordinances, as applicable. (Ord. 2005-13, 2005)

Any subdivision development located within an area identified as a Planned Development Overlay District (PD) shall provide a minimum of fifteen percent (15%) of the total area of the development site as open space, provided in accordance with the open space standards, maintenance and dedication requirements set forth in sections 16.07.417 through 16.07.421 of this title. Such required open space may include areas such as streams, stream corridors, watercourses, floodplains, wetlands, geological hazards, rock outcroppings, wildlife habitat areas, slopes and historic and cultural features. Open space areas shall not include areas within any lot, road, street or right of way. For purposes of all land use ordinances, open space areas shall not include any lands used for schools, churches, or any other similar uses. (Ord. 2005-13, 2005)

Density incentives may be granted by the city council, with the receipt of a commission recommendation, for a subdivision located within a planned development overlay district (PD) for the provision of additional open space, or for the provision of additional subdivision features as more particularly set forth by sections 16.07.411 through 16.07.413 of this chapter. Such density incentives shall be calculated from the base density as determined in accordance with the provisions of this chapter. In no event shall the maximum density incentives for any subdivision located in planned development overlay district (PD) exceed thirty percent (30%) of the base density, as provided by sections 16.07.411 through 16.07.413 of this chapter. (See appendix B of this title for an example of a calculation of density incentives in the planned development overlay district.) (Ord. 2005-13, 2005)

A density incentive for the provision of open space areas, in addition to the required minimum fifteen percent (15%) of the subdivision site, shall be provided as follows:

 

(Ord. 2005-13, 2005)

A subdivision located within a planned development overlay district (PD) and providing techniques and actions for the long term protection and enjoyment of open space areas, improvements to facilitate public access and use, areas voluntarily provided for streetscape treatments and enhancements for the community benefit, and wider than typically required trails and walkways, or other improvements or enhancements, may receive up to a five percent (5%) density incentive, as recommended by the commission, and approved by the city council. (Ord. 2005-13, 2005)

Subdivisions located within a planned development overlay district (PD) which provide and incorporate a consistent and overall subdivision design theme, such as unified architectural building styles, consistency in building materials, colors, height, type and quality, or provide other subdivision design features and amenities, designed to add long term attractiveness and quality to the subdivision, and required by the commission, and required and approved by the city council, may receive up to a five percent (5%) density incentive. To receive a density incentive for design elements, the subdivision drawings and covenants, conditions and restrictions (CC&Rs) shall be reviewed and accepted by the commission and city council as including sufficient guarantees to provide the subdivision features and building design elements. (Ord. 2005-13, 2005)

   (1)   Lot Area: In order to provide for creativity and flexibility in subdivision design and to meet the purposes of this chapter, lots within a planned development overlay district (PD) may be smaller than the minimum size required by the underlying zone, as recommended by the commission, and approved by the city council.

   (2)   Lot Width And Frontage: The minimum lot width and lot frontage of lots located in a planned development overlay district (PD) may be less than required by the underlying zone, as recommended by the commission, and approved by the city council.

   (3)   Other Lot Standards: All other lot standards, except lot area, width and frontage, shall be met, as required by the underlying zone. (Ord. 2005-13, 2005)

All requirements for primary and accessory buildings, as provided by the underlying zone, shall be met, including building height. (Ord. 2005-13, 2005)

The design of subdivisions located in a planned development overlay district (PD) may consider variations in the siting and orientation of buildings and structures, but shall comply with the following minimum setback standards. Exceptions to these minimum setback requirements may be recommended by the commission, and approved by the city council, during the subdivision application approval processes when determined appropriate.

   (1)   Front Yard Setback: The minimum front yard setback for primary buildings shall be twenty feet (20').

   (2)   Rear Yard Setback: The minimum rear yard setback for primary buildings shall be fifteen feet (15').

   (3)   Side Yard Setback: The minimum side yard setback for primary buildings shall be ten feet (10').

   (4)   Side Yard Corner Setback: The minimum side yard corner setback for primary buildings shall be twenty feet (20').

   (5)   Accessory Buildings: The minimum yard requirements for accessory buildings and structures, including all setback requirements, shall be as required by the underlying zone. (Ord. 2005-13, 2005)

   (1)   Open Space; Allowed Uses: The following uses are allowed in open space areas approved as part of a planned development overlay district (PD) subdivision:

      (a)   Conservation of land in its natural state.

      (b)   Agricultural uses.

      (c)   Passive open space uses such as sensitive area protection, wildlife habitat and view protection.

      (d)   Active noncommercial recreation uses, such as playing fields, playgrounds and trails.

      (e)   Storm water detention areas designed, landscaped and available as an open space use.

      (f)   Underground utility easements, facilities and rights of way for drainage, access, sewer or water lines, or other public purposes.

      (g)   Aboveground utility and street rights of way may traverse open space land if approved as part of the subdivision approval.

      (h)   Fencing, when deemed necessary and appropriate for the particular use, purpose and/or location of the open space area.

   (2)   Open Space; Prohibited Uses: The following uses are determined to be prohibited uses in all planned development overlay district (PD) open space areas:

      (a)   Any residential, commercial or industrial activity.

      (b)   Any development, construction or location of any manmade modification or improvements such as buildings, structures, roads, parking lots or other improvements, except as approved by the city in conjunction with an allowed use.

      (c)   Any filling, dredging, excavating, mining, drilling or exploration for and extraction of oil, gas, minerals or other resources from the property.

      (d)   Any dumping or storing of trash, garbage or junk.

      (e)   Burning of any materials, except as necessary for agricultural, drainage and fire protection purposes.

      (f)   The use of motor vehicles, including all-terrain vehicles, motorcycles and other recreational vehicles, except as may be necessary to maintain and operate the property and/or utility facilities within the property or to conduct allowed uses on the property such as agricultural uses.

      (g)   Hunting or trapping for any purpose other than predatory or problem animal control.

      (h)   Advertising of any kind or nature and/or any signs; provided, directory signs may be displayed describing the easement and prohibited or allowed uses.

      (i)   Removal of any vegetation, except as necessary for fire protection, thinning, elimination of diseased growth, control of nonnative plant species, restoration of native species, maintenance of landscaped areas, and similar protective measures, or those activities relating to allowed agricultural uses.

      (j)   The change, disturbance, alteration or impairment of significant natural ecological features and values of the property or destruction of other significant conservation interests on the property.

      (k)   Changing the topography of the property by excavation, cutting, filling, dumping, dredging spoils, landfill or other materials, except as necessary to conduct allowed uses.

      (l)   All other uses and practices not identified as an allowed use. (Ord. 2005-13, 2005)

Open space areas located in a planned development overlay district (PD) shall meet the following standards:

   (1)   Contiguous Land: Open space areas shall be contiguous to provide for large and integrated open spaces within the subdivision. Noncontiguous parcels of open space may be recommended by the commission, and approved by the city council, upon a finding that such exception is necessary and/or desirable based upon consideration of the size of the project, the size of the open space areas, the types of features and resources included within the open spaces, and other relevant considerations. Long thin strips of open space (less than 100 feet wide) are prohibited, unless recommended by the commission, and approved by the city council.

   (2)   Open Space Connections: Open space areas shall be designed as a part of a larger continuous and integrated open space system to ensure that an interconnected network of open space areas will be provided.

   (3)   Maintenance And Emergency Access: Sufficient access shall be provided to ensure necessary maintenance and emergency access to all open space areas in a planned development overlay district (PD). (Ord. 2005-13, 2005)

   (1)   Conservation Easement: All open space areas shall be permanently restricted from future development by a conservation easement, or other method of protection and preservation as recommended by the commission, and approved by the city council. All conservation easements, or other acceptable method of protection and preservation of open space, shall be recommended by the commission, and approved by the city council prior to, or concurrent with, the recording of the final plat for the subdivision located in a planned development overlay district (PD).

   (2)   Terms And Conditions: All conservation easements, or other acceptable method of protection and preservation of the open space areas, shall comply with the Utah conservation easement act, as set forth in Utah Code Annotated section 57-18-1 et seq., as amended, and shall be in substantially the same form as the standard conservation easement form provided by the city, including, at a minimum, the following terms and/or conditions:

      (a)   Legal description of the easement.

      (b)   Description of the current use and condition of the property.

      (c)   Permanent duration of the easement.

      (d)   Allowed uses.

      (e)   Prohibited uses.

      (f)   Maintenance responsibilities and duties.

      (g)   Enforcement rights and procedures.

   (3)   Grantee: Unless otherwise recommended by the commission, and approved by the city council, the grantee of a conservation easement shall consist of one of the following acceptable entities which entity shall be qualified to maintain and enforce such conservation easement: land trust, conservation organization or governmental entity. The city may, but shall not be required to, accept, as grantee, a conservation easement, provided there is no cost of acquisition to the city for the easement and sufficient access to and maintenance responsibilities regarding the open space lands are provided. (Ord. 2005-13, 2005)

Unless otherwise recommended by the commission, and approved by the city council, and subject to the provisions set forth in this chapter, the underlying fee ownership of the open space land shall remain in single ownership and may be owned and maintained by one of the following entities: homeowners' association, land trust, conservation organization, governmental entity or private individual. (Ord. 2005-13, 2005)

   (1)   Costs: Unless otherwise agreed to by the city, the cost and responsibility of maintaining open space areas shall be borne by the owner of the underlying fee of the open space land.

   (2)   Plan: The proposed owner of the open space area shall submit an open space maintenance plan providing for, and addressing the means for, permanent maintenance of the open space area at the time of subdivision application. The open space maintenance plan shall provide the following:

      (a)   Proposed open space ownership.

      (b)   Establish regular and periodic operation and maintenance responsibilities for the various kinds of open space, as necessary.

      (c)   Estimate staffing needs, insurance requirements, associated costs, and define the means for funding the maintenance of the open space land and operation of any common facilities on an ongoing basis.

      (d)   At the city's sole discretion, and as recommended by the commission, and approved by the city council, the applicant may be required to escrow sufficient funds for the costs associated with the maintenance of open space areas.

   (3)   Approval: The open space maintenance plan shall be recommended by the commission, and approved by the city council, prior to, or concurrent with, subdivision application approval. The open space maintenance plan shall be recorded against the property and shall include provisions for the city's corrective action rights. Any changes or amendments to the open space maintenance plan shall be recommended by the commission, and approved by the city council.

   (4)   Failure To Maintain: In the event the owner of open space land or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the city may assume responsibility, as a right but not an obligation, for maintenance, in which case any escrow funds may be forfeited and any approvals, permits or licenses may be revoked or suspended.

   (5)   Corrective Action: The city may enter the property and take corrective action, including extended maintenance. The costs of such corrective action may be charged to the property owner and may include administrative costs and penalties. Such costs shall become a lien on said properties. Notice of such lien shall be filed by the city attorney in the office of the Washington County recorder. The open space maintenance plan and all other documents creating or establishing any association or conservation organization for the property shall reference the city's corrective action authority as set forth herein and shall be recorded against the property. (Ord. 2005-13, 2005)

The subdivision enhancement overlay district (SE) is provided by the city as an "overlay district" to encourage the development of desirable and attractive residential subdivision areas that provide subdivision and community features not typically required by the land use ordinances of the city, including the subdivision ordinance. The district also allows flexibility in the development requirements of the underlying district. The subdivision enhancement overlay district (SE) does not establish any allowed uses or density for the subject property. Rather, the identification of the allowed uses and allowed density (or base density) is provided by the underlying zoning district.

The subdivision enhancement overlay district (SE) encourages creative and efficient subdivision designs and the voluntary provision of subdivision and community benefit features, including areas of open space, streetscape enhancements and other desirable subdivision and community design features. All subdivisions located within a subdivision enhancement overlay district (SE) shall require a layout that achieves the following objectives:

   (1)   The voluntary provision of streetscape enhancements and improvements by the developer, including, but not limited to, the dedication and improvement of wider street rights of way than typically required by the city, with associated street landscaping, street tree plantings, street medians, pedestrian and biking facilities, and other streetscape enhancements, buffering and screening treatments.

   (2)   The voluntary provision of park and open space areas and associated improvements, including the preservation of natural features located on the development site and other open space and park areas with associated improvements, including pedestrian trails, children's play equipment, benches, drinking fountains and landscaping improvements for the benefit of subdivision and community residents.

   (3)   Provides subdivision design and enhancement features, including unique and visually attractive entryways, subdivision and community landscape treatments, public art pieces, and consistent architectural features and building design themes.

   (4)   Provides convenience in layout and a variety of lot sizes. (Ord. 2005-13, 2005)

In addition to the requirements for a zoning districts map amendment, as provided by chapter 5 of this title, an application for a zoning districts map amendment to establish a subdivision enhancement overlay district (SE) shall provide:

Identification of all sensitive lands areas. A sensitive lands determination and inventory shall be provided, if applicable, consistent with the requirements of chapter 8 of this title, which identifies all sensitive lands areas that may be located within the property boundaries proposed for the establishment of a subdivision enhancement overlay district (SE). (Ord. 2005-13, 2005)

As an overlay district, the identification of the allowed uses, development requirements and standards, and all other applicable requirements, are determined and controlled by the underlying zoning district, or "base zone", unless such standards are modified to the extent provided by the subdivision enhancement overlay district (SE).

The application of the subdivision enhancement overlay district (SE) to any areas proposed to be subdivided for residential uses shall require the approval of a zoning districts map amendment application, as provided by chapter 5 of this title, concurrent with the approval of a subdivision application. If approved, and as an example only, a zoning districts map amendment application to allow a subdivision enhancement overlay district (SE) for an area located within an existing residential R-1-10 district, would be identified on the zoning districts map as R-1-10(SE), identifying the residential R-1-10 district as the underlying district with a subdivision enhancement overlay district (SE) as the "overlay" district. (Ord. 2005-13, 2005)

A subdivision enhancement overlay district (SE) shall only be applied to property located within the residential estates RE-20.0, RE-17.5, RE-15.0 and RE-12.5 districts and the single-family residential R-1-10 and R-1-7.5 districts. (Ord. 2009-09, 2009)

A zoning districts map amendment application to establish a subdivision enhancement overlay district (SE) may be approved by the city council, following the receipt of a commission recommendation, concurrent with the approval of a subdivision application, and following the completion of all requirements for a zoning districts map amendment application, as required by chapter 5 of this title. The city council in approving a zoning districts map amendment application, and the commission in formulating a recommendation, shall find that the subdivision enhancement overlay district (SE):

   (1)   Is consistent, and does not conflict, with any policy of the general plan.

   (2)   Meets the purposes of this chapter.

   (3)   Provides a subdivision design with increased amenities and features than typically provided, or required.

   (4)   Proposes the voluntary provision of features, enhancements or improvements which may include, the dedication and improvement of wider street rights of way than typically required, with associated street enhancements, including, but not limited to, landscaping, street tree plantings, street medians, pedestrian and biking facilities, and buffering and screening treatments.

   (5)   Proposes the voluntary provision of park and open space areas and associated improvements.

   (6)   Provides subdivision design and enhancement features, which may include unique and visually attractive entryways, subdivision and community landscape treatments, public art pieces, and consistent architectural features and building design themes.

   (7)   Provides convenience in layout and a variety of lot sizes.

   (8)   Proposes the voluntary dedication of other desirable community design features.

   (9)   Meets all requirements of chapter 5 of this title, for the approval of a zoning districts map amendment application. (Ord. 2005-13, 2005)

Applications for subdivision approval or any other application for any approval, permit or license required by all land use ordinances for lands located in a subdivision enhancement overlay district (SE) shall be submitted and reviewed in accordance with the requirements and procedures of all land use ordinances, as applicable. (Ord. 2005-13, 2005)

The allowed base density for any proposed subdivision located in a subdivision enhancement overlay district (SE) shall be determined by dividing the total area of the subdivision site, less twenty percent (20%) of the total site area required for street rights of way, utility easements and other encumbrances, by the minimum lot size requirement of the base zoning district in which the property is located, and excluding any areas proposed to be used for schools, churches, public facilities or any other similar uses. (See appendix B of this title for an example of a calculation of base density in the subdivision enhancement overlay district.) (Ord. 2005-13, 2005)

A subdivision enhancement project plan ("project plan") shall be presented to the commission for recommendation, and approval by the city council, as part of the application for a zoning districts map amendment application to establish a subdivision enhancement overlay district (SE). The project plan must achieve, and must identify the subdivision enhancement features being provided for the benefit of the subdivision and community residents that are typically not required by the city. The subdivision enhancement project plan must demonstrate compliance with the requirements of this chapter and other requirements of all land use ordinances, as applicable.

The subdivision enhancement project plan may be required to be accompanied by, or included within the provisions of a development agreement, when deemed necessary by the city council. Once approved by the city council, the project plan shall be controlling for all required future approvals, permits and licenses, including, but not limited to, subdivision and use applications, and other requirements of all land use ordinances, as applicable. (Ord. 2005-13, 2005)

Any subdivision development located within an area identified as a subdivision enhancement overlay district (SE) shall provide a minimum of ten percent (10%) of the total area of the development site as improved open space, provided in accordance with the open space standards, maintenance and dedication requirements set forth by section 16.07.104 of this chapter. Such required open space may include areas of natural beauty or amenity, active park areas, and areas voluntarily being provided for streetscape treatments and enhancements for the community benefit and wider than typically required or provided. Improved open space areas shall not include areas within any lot, or internal subdivision street right of way. Open space areas shall not include lands used for schools, churches, or any other similar uses. (Ord. 2005-13, 2005)

Density incentives may be granted by the city council, with the receipt of a commission recommendation, for a subdivision located within a subdivision enhancement overlay district (SE) for the provision of additional improved open space, or for the provision of additional subdivision features as more particularly set forth by sections 16.07.511 through 16.07.514 of this chapter. Such density incentives shall be calculated from the base density as determined in accordance with the provisions of this chapter. In no event shall the maximum density incentives for any subdivision located in a subdivision enhancement overlay district exceed twenty five percent (25%) of the base density, as provided by sections 16.07.511, 16.07.513 and 16.07.514 of this chapter. (See appendix B of this title for an example of a calculation of density incentives in the subdivision enhancement overlay district.) (Ord. 2005-13, 2005)

A density incentive for the provision of open space areas, in addition to the required minimum ten percent (10%) of the subdivision site, shall be provided as follows:

 

(Ord. 2005-13, 2005)

For a subdivision to qualify for a subdivision enhancement overlay district (SE), and to qualify for any density incentives that may be provided, the subdivision shall provide improvements and features to the open space area for the benefit of both subdivision and community residents. These open space improvements may include improvements to facilitate public access and use, park equipment, trails and walkways, public art features, streetscape landscaping and buffering treatments or other improvements and enhancements as recommended by the commission, and approved by the city council. (Ord. 2005-13, 2005)

Subdivisions located within a subdivision enhancement overlay district (SE) that provide and incorporate a consistent and overall subdivision design theme, such as unified architectural building styles, consistency in building materials, colors, height, type and quality, or provide other subdivision design features and amenities, designed to add long term attractiveness and quality to the subdivision, and recommended by the commission, and approved by the city council, may receive up to a five percent (5%) density incentive. To receive a density incentive for design elements, the subdivision drawings and covenants, conditions and restrictions (CC&Rs) shall be reviewed and accepted by the commission and city council as including sufficient guarantees to provide the subdivision features and building design elements. (Ord. 2005-13, 2005)

Subdivisions located within a subdivision enhancement overlay district (SE) that provide creative, or extraordinary design layout, including variations in lot sizes, and incorporate unique features and amenities for the benefit of subdivision and community residents, not typically required or provided in other subdivisions, and recommended by the commission, and approved by the city council, may receive up to a ten percent (10%) density incentive. To receive a density incentive for creative or extraordinary subdivision design, unique features and amenities, the subdivision drawings and covenants, conditions and restrictions (CC&Rs) shall be reviewed and accepted by the commission and city council as including sufficient guarantees to provide the variety of lot sizes and unique subdivision features. (Ord. 2005-13, 2005)

   (1)   Lot Area: In order to provide for creativity and flexibility in subdivision design and to meet the purposes of this chapter, lots located within a subdivision enhancement overlay district (SE) may be smaller than the minimum size required by the underlying zone, as recommended by the commission, and approved by the city council.

   (2)   Lot Width And Frontage: The minimum lot width and lot frontage of lots located in a subdivision enhancement overlay district (SE) may be less than required by the underlying zone, as recommended by the commission, and approved by the city council.

   (3)   Other Lot Standards: All other lot standards, except lot area, width and frontage, shall be met, as required by the underlying zone. (Ord. 2005-13, 2005)

All requirements for primary and accessory buildings, as provided by the underlying zone, shall be met, including building height. (Ord. 2005-13, 2005)

The design of subdivisions located in a subdivision enhancement overlay district (SE) may consider variations in the siting and orientation of buildings and structures, but shall comply with the following minimum setback standards. Exceptions to these minimum setback requirements may be recommended by the commission and approved by the city council during the subdivision application approval processes when determined appropriate.

   (1)   Front Yard Setback: The minimum front yard setback for primary buildings shall be twenty feet (20').

   (2)   Rear Yard Setback: The minimum rear yard setback for primary buildings shall be fifteen feet (15').

   (3)   Side Yard Setback: The minimum side yard setback for lots located in a subdivision enhancement overlay district (SE) may be less than required by the underlying zone, as recommended by the commission, and approved by the city council.

   (4)   Side Yard Corner Setback: The minimum side yard setback for lots located in a subdivision enhancement overlay district (SE) may be less than required by the underlying zone, as recommended by the commission, and approved by the city council.

   (5)   Accessory Buildings: The minimum yard requirements for accessory buildings and structures, including all setback requirements, shall be as required by the underlying district. (Ord. 2005-13, 2005)

All matters relating to open space areas being provided with a subdivision located in a subdivision enhancement overlay district (SE), including development standards, allowed uses, permanent protections, ownership and maintenance shall be controlled by the requirements and provisions of sections 16.07.417 through 16.07.421 of this chapter. (Ord. 2005-13, 2005)

The purposes and all other requirements and provisions applicable to the mixed use overlay district (MU) are more fully provided by chapter 8 of this title. (Ord. 2005-13, 2005)

In addition to the requirements for a zoning districts map amendment, as provided by chapter 5 of this title, an application for a zoning districts map amendment to establish a mixed use overlay district (MU) shall provide:

   (1)   Identification Of Sensitive Lands Areas: A sensitive lands determination and inventory shall be provided, if applicable, consistent with the requirements of chapter 8 of this title, which identifies all sensitive lands areas that may be located within the property boundaries proposed for the establishment of a mixed use overlay district (MU). (Ord. 2005-13, 2005)

   TABLE 7-1

   SPECIAL PURPOSE DISTRICTS

   TABLE OF USES

A use that is not identified in the table of uses is hereby determined as a prohibited use within the city.

 

(Ord. 2005-13, 2005; amd. Ord. 2014-05, 2014)

   TABLE 7-2

   SPECIAL PURPOSE DISTRICTS

   TABLE OF DEVELOPMENT STANDARDS FOR PRIMARY BUILDINGS

 

 

(Ord. 2014-05, 2014)

The Subdivision Lot Averaging Overlay District (SLA) is provided by the City as an "overlay district" to provide the option for residential subdivision layout based upon average lot size rather than the strict minimum lot size requirements of the underlying district. The Subdivision Lot Averaging Overlay District (SLA) does not establish any allowed uses or density for the subject property. Rather, the identification of the allowed uses and allowed density (or base density) is provided by the underlying zoning district. The Subdivision Lot Averaging Overlay District (SLA) allows for flexibility and creativity in subdivision design and encourages nontraditional/non-cookie cutter subdivision layouts. The Subdivision Lot Averaging Overlay District (SLA) meets the intent of the underlying base zone by requiring an average lot size equal to or greater than the base zone minimum lot size. (Ord. 2013-04, 2013)

In addition to the requirements for a zoning districts map amendment, as provided by chapter 5 of this title, an application for a zoning districts map amendment to establish a Subdivision Lot Averaging Overlay District (SLA) shall provide identification of all sensitive lands areas. A sensitive lands determination and inventory shall be provided, if applicable, consistent with the requirements of chapter 8 of this title, which identifies all sensitive lands areas that may be located within the property boundaries proposed for the establishment of a Subdivision Lot Averaging Overlay District (SLA). (Ord. 2013-04, 2013)

As an overlay district, the identification of the allowed uses, development requirements and standards, and all other applicable requirements, are determined and controlled by the underlying zoning district, or "base zone".

The application of the Subdivision Lot Averaging Overlay District (SLA) to any areas proposed to be subdivided for residential uses shall require the approval of a zoning districts map amendment application, as provided by chapter 5 of this title, concurrent with the approval of a subdivision application. If approved, and as an example only, a zoning districts map amendment application to allow a Subdivision Lot Averaging Overlay District (SLA) for an area located within an existing Residential R-1-10 District, would be identified on the zoning districts map as R-1-10 (SLA), identifying the Residential R-1-10 District as the underlying district with a Subdivision Enhancement Overlay District (SLA) as the "overlay" district. (Ord. 2013-04, 2013)

A Subdivision Lot Averaging Overlay District (SLA) shall only be applied to property located within the Residential Estates RE-43.0, RE-37.0, RE-25.0, RE-20.0, RE-17.5, RE-15.0 and RE-12.5 Districts and the Single-Family Residential R-1-10 District. (Ord. 2013-04, 2013; amd. Ord. 2017-17, 2017)

A zoning districts map amendment application to establish a Subdivision Lot Averaging Overlay District (SLA) may be approved by the City Council, following the receipt of a commission recommendation, concurrent with the approval of a subdivision application, and following the completion of all requirements for a zoning districts map amendment application, as required by chapter 5 of this title. The City Council in approving a zoning districts map amendment application, and the commission in formulating a recommendation, shall find that the Subdivision Lot Averaging Overlay District (SLA):

   (1)   Is consistent, and does not conflict, with any policy of the General Plan;

   (2)   Meets the purposes of this chapter; and

   (3)   Meets all requirements of chapter 5 of this title, for the approval of a zoning districts map amendment application. (Ord. 2013-04, 2013)

Applications for subdivision approval or any other application for any approval, permit or license required by all land use ordinances for lands located in a Subdivision Lot Averaging Overlay District (SLA) shall be submitted and reviewed in accordance with the requirements and procedures of all land use ordinances, as applicable. (Ord. 2013-04, 2013)

The total combined square footage of all lots divided by the total number of lots shall be equal to or greater than the base zone minimum lot size. (Ord. 2013-04, 2013)

A maximum of twenty five percent (25%) of the total lots may be less than minimum allowed lot size of the base zone. No lot shall be less than seventy five percent (75%) of the minimum lot size of the base zone. (Ord. 2013-04, 2013)

All lots within the subdivision lot averaging overlay district (SLA) shall comply with the development/lot standards of the underlying zone found in sections 16.33.103, table 33-3 and 16.33.104, table 33-4 of this title. (Ord. 2013-04, 2013)

The purpose of this zone was to designate areas in the community where rental of residential units on an overnight or short term basis were believed to be, at that time, in the best interests of the community, and to aid the development of housing in those areas, particularly by owners who reside elsewhere and wish to rent their units when not in use. "Short term" shall be defined to mean a period of thirty (30) days or less.

(Ord. 2015-04, 2015; amd. Ord. 2022-14, 2022)

The short term rental overlay district (STRO) is only permitted in those areas already approved and vested through their compliance with Ordinance 2015-04. No further applications for a short term rental district (STRO) will be accepted or approved in a residential zone.

In addition to the requirements for a zoning districts map amendment, as provided by chapter 5 of this title, an application for a zoning districts map amendment to establish a short term rental overlay district (STRO) shall provide

   Identification of all sensitive lands areas. A sensitive lands determination and inventory shall be provided, if applicable, consistent with the requirements of chapter 8 of this title, which identifies all sensitive lands areas that may be located within the property boundaries proposed for the establishment of a short term rental overlay district (STRO).

(Ord. 2015-04, 2015; amd. Ord. 2022-14, 2022)

As an overlay district, the identification of the allowed uses, development requirements and standards, and all other applicable requirements, are determined and controlled by the underlying zoning district, or "base zone", unless such standards were modified to the extent provided by the short term rental overlay district (STRO)set forth in Ordinance 2015-04.

(Ord. 2015-04, 2015; amd. Ord. 2022-14, 2022)

A short term rental overlay district (STRO) previously approved and vested in a residential zone, shall be identified on the Land Use Plan as "Recreational Resort - STRO" and on the Zoning Map by "STRO" near the underlying zoning designation.

(Ord. 2015-04, 2015; amd. Ord. 2022-14, 2022)

A short term rental project plan ("project plan") was required to be presented to the commission for recommendation, and approved by the city council, as part of the application for a zoning districts map amendment to establish a short term rental overlay district (STRO). The project plan must achieve, and must have identified techniques to provide, a short term rental development with uniform and compatible site and building standards when the project area is completely built out. The project plan was required to also demonstrate compliance with the requirements of this chapter, all provisions of this title, and all other land use ordinances, as applicable.

The project plan may have been required to be accompanied by a development agreement. Regardless of the size and ownership of lands proposed to be included within a short term rental development overlay district (STRO), all subdivisions are now required to have a development agreement prior to receiving final plat approval. The required project plan shall include amenities and elements to create, or complement a short term rental area.

The project plan and development agreement shall include all property proposed for a short term rental development overlay district (STRO) and shall show all phases of the development (including any phasing plans). Once approved by the city council, the project plan and development agreement shall be controlling for all required future approvals, permits and licenses, including, but not limited to, subdivision and use applications, and any additional procedural requirements set forth in this chapter, this title and all other land use ordinances, as applicable.

(Ord. 2015-04, 2015; amd. Ord. 2022-14, 2022)

A zoning districts map amendment application to establish a short term rental overlay district (STRO) must have been approved by the city council, following the receipt of a commission recommendation, concurrent with the approval of any required use application, and following the completion of all requirements for a zoning districts map amendment application, as required by chapter 5 of this title. The city council in approving a zoning districts map amendment application and conditional use permit application, must have findings that the short term rental overlay district (STRO) project plan and conditional use permit application complied with the following minimum conditions:

   (1)   (a)    Is located on parcels of not less than five (5) contiguous acres.

      (b)   All approved short term residential properties are managed by either an onsite Property Manager or an offsite property manager which is located within twenty (20) minutes (commute time) of the development. The Property Manager shall be the 'Responsible Party' for the entire development and shall provide information on current occupants to police, emergency, or city personnel as needed. The Property Manager shall be available twenty-four (24) hours a day and shall respond to complaints and concerns within one (1) hour of any phone call. The Property Manager shall maintain a Utah sales tax license, and shall collect and submit to the State Tax Commission the required transient room tax for all short-term residential rental units.

      (c)   All short term rental associated amenities, parking areas, garbage collection areas are located on the interior of the development, with at least at one row of short term rental units forming a buffer on all project boundaries. Landscaped Open Space may be used in lieu of short term rental units when it provides equivalent buffer distance.

      (d)   If less than an entire project is requested, the City Council may approve a certain number of units that may be used for short term rental.

      (e)   Off street parking is available for RV/boat parking. On-street parking of such vehicles is not allowed, except for temporary loading and unloading not to exceed six (6) hours.

      (f)   One (1) or more garbage collection bins are located on site in addition to garbage cans for individual units.

      (g)   All short term residential rental properties must have a six foot (6') colored masonry wall on all perimeter property lines, unless prohibited by a geographic reason where the wall may be located in a location approved by the City Council.

      (h)   The recorded plat, CC&R's and all sales literature clearly state that the project, or any approved part thereof, is approved for short term rental purposes.

      (i)   All units, open spaces, recreational amenities within short term residential rental developments must be completely landscaped. The property manager is responsible for landscape maintenance.

      (j)   The Land Use Plan and Zoning District map must designate where short term residential property has been approved.

      (k)   All short term rental residential properties must provide parking as follows. Detached Single Family Units -a two car garage with two (2) parking spaces on drive way fronting garage. Multi Attached Units including Condominiums, Townhomes, and Apartments, must provide one parking space for one bedroom units, two (2) parking spaces for two (2) or more bedroom units and one quarter (0.25) spaces per unit for guest parking. One covered parking space must be provided for each unit. Driveways fronting garages shall be twenty feet (20') in length from the back of curb or back of sidewalk where sidewalk is present. Driveways width must be a minimum of sixteen feet (16') feet. Single family detached homes with a two (2) car garage and driveway meets the parking requirements with no additional guest parking required.

      (l)   On-street parking within the project may be used to meet the parking requirement for a “self-contained” project. Self-contained means that all units in the project are designated for short term rental.

      (m)   Tandem parking in driveways may be used to meet the parking requirement for a "self-contained" project.

      (n)   The parking of any vehicles, recreational vehicles, trailers, etc. on public streets which front the short term rental project is strictly prohibited.

      (o)   The project contains recreation facilities consistent with the size of the project. Recreation facilities include, pickle ball courts, clubhouse and swimming pool, parks with playgrounds and picnic areas, tennis courts, etc. The minimum area reserved for recreation facilities must be at least two hundred (200) square feet per short term rental unit.

      (p)   Short term rental of residential properties are not permitted in existing subdivisions or projects.

      (q)   Short term rental of residential properties met all other standard requirements of the base Zoning District.

      (r)   Subdivisions/Projects having Residential Dwellings Units which are approved for short term rental must be accompanied by, or included with the provisions of, a development agreement.

      (s)   Short term rentals located within the RM (Multiple Residential District) must comply with chapter 18 - Multi Family Design Residential Design Guidelines and standards.

      (t)   Short term rentals located in single family residential zones must comply with chapter 19 - Site Plan and Building Design Requirements.

   (2)   Short Rental Business Licensing

      (a)   An annual Short Term Rental Business license is required by Ivins City.

      (b)   The licensee for rentals must be both the local representative and the owner. The local representative shall be deemed the responsible party.

      (c)   All new and renewal applications must contain the property manager's name, a sales tax collection and accounting number, the street address of each unit, the name and address of a local responsible party who is available by telephone twenty four (24) hours per day.

   (3)   Penalties, Violations, and Revocation

      (a)   The owner and onsite manager of short term rentals are responsible for regulating the occupancy of the unit and any nuisances created by the occupants including noise, illegal conduct, failure to use off-street parking, or any other abuse, which violates any law regarding use or occupancy of the premises, including failure to collect and deposit sales tax, shall be grounds for revocation of rental business license, and subject to civil and criminal penalties for violation of City Codes and other legal or equitable remedy available to the City.

(Ord. 2015-04, 2015; amd. Ord. 2022-14, 2022)

Applications for subdivision approval or any other application for any approval, permit or license required by all land use ordinances for lands located in a short term rental overlay district (STRO) shall be submitted and reviewed in accordance with the requirements and procedures of all land use ordinances, as applicable.

(Ord. 2015-04, 2015; amd. Ord. 2022-14, 2022)

The allowed base density for any proposed subdivision/project located in a single family and two family zones with a short term rental overlay district (STRO) shall be determined by dividing the total area of the subdivision site, less twenty percent (20%) of the total site area required for street rights of way, utility easements and other encumbrances, by the minimum lot size requirement of the base zoning district in which the property is located, and excluding any areas proposed to be used for schools, churches, public facilities or any other similar uses. (See appendix B of this title for an example of a calculation of base density in the subdivision enhancement overlay district.)

For subdivisions/projects located in a multi-family zone with a short term rental overlay district (STRO) see Chapter 18 Multi-Family Design Guidelines and Standards.

(Ord. 2015-04, 2015; amd. Ord. 2022-14, 2022)

Any proposed subdivision located in single family and two family zones located within an area identified as a short term rental overlay district (STRO) shall provide a minimum of ten percent (10%) of the total area of the development site as improved open space, provided in accordance with the open space standards, maintenance and dedication requirements set forth by section 16.07.104 of this chapter. Such required open space may include areas of natural beauty or amenity, active park areas, and areas voluntarily being provided for streetscape treatments and enhancements for the community benefit and wider than typically required or provided. Improved open space areas shall not include areas within any lot, or internal subdivision street right of way. Open space areas shall not include lands used for schools, churches, or any other similar uses.

For subdivisions located in a multi-family zone with a short term rental overlay district (STRO) see Chapter 18 Multi-Family Design Guidelines and Standards.

(Ord. 2015-04, 2015; amd. Ord. 2022-14, 2022)

Density incentives may be granted by the city council, with the receipt of a commission recommendation, for a subdivision located in single family and two family zones located within an area identified as a short term rental overlay district (STRO) for the provision of additional improved open space, or for the provision of additional subdivision features as more particularly set forth by sections 16.07.511 through 16.07.514 of this chapter. Such density incentives shall be calculated from the base density as determined in accordance with the provisions of this chapter. In no event shall the maximum density incentives for any subdivision located in a short term rental overlay district exceed twenty five percent (25%) of the base density, as provided by sections 16.07.511, 16.07.513 and 16.07.514 of this chapter. (See appendix B of this title for an example of a calculation of density incentives in the subdivision enhancement overlay district.)

For subdivisions located in a multi-family zone with a short term rental overlay district (STRO) see Chapter 18 Multi-Family Design Guidelines and Standards.

(Ord. 2015-04, 2015; amd. Ord. 2022-14, 2022)

For a subdivision located in single family and two family zones located within an area identified as a short term rental overlay district (STRO), a density incentive the provision of open space areas, in addition to the required minimum ten percent (10%) of the subdivision site, shall be provided as follows:

 

For subdivisions located in a multi-family zone with a short term rental overlay district (STRO) see Chapter 18 Multi-Family Design Guidelines and Standards.

(Ord. 2015-04, 2015; amd. Ord. 2022-14, 2022)

For a subdivision located in single family and two family zones to qualify for a short term rental overlay district (STRO), and to qualify for any density incentives that may be provided, the subdivision shall provide improvements and features to the open space area for the benefit of both subdivision and community residents. These open space improvements may include improvements to facilitate public access and use, park equipment, trails and walkways, public art features, streetscape landscaping and buffering treatments or other improvements and enhancements as recommended by the commission, and approved by the city council.

For subdivisions located in a multi-family zone with a short term rental overlay district (STRO) see Chapter 18 Multi-Family Design Guidelines and Standards.

(Ord. 2015-04, 2015; amd. Ord. 2022-14, 2022)

Subdivisions located in single family and two family zones to qualify for a short term rental overlay district (STRO) that provide and incorporate a consistent and overall subdivision design theme, such as unified architectural building styles, consistency in building materials, colors, height, type and quality, or provide other subdivision design features and amenities, designed to add long term attractiveness and quality to the subdivision, and recommended by the commission, and approved by the city council, may receive up to a five percent (5%) density incentive. To receive a density incentive for design elements, the subdivision drawings and covenants, conditions and restrictions (CC&Rs) shall be reviewed and accepted by the commission and city council as including sufficient guarantees to provide the subdivision features and building design elements.

For subdivisions located in a multi-family zone with a short term rental overlay district (STRO) see Chapter 18 Multi-Family Design Guidelines and Standards.

(Ord. 2015-04, 2015; amd. Ord. 2022-14, 2022)

Subdivisions located in single family and two family zones to qualify for a short term rental overlay district (STRO) that provide creative, or extraordinary design layout, including variations in lot sizes, and incorporate unique features and amenities for the benefit of subdivision and community residents, not typically required or provided in other subdivisions, and recommended by the commission, and approved by the city council, may receive up to a ten percent (10%) density incentive. To receive a density incentive for creative or extraordinary subdivision design, unique features and amenities, the subdivision drawings and covenants, conditions and restrictions (CC&Rs) shall be reviewed and accepted by the commission and city council as including sufficient guarantees to provide the variety of lot sizes and unique subdivision features.

For subdivisions located in a multi-family zone with a short term rental overlay district (STRO) see Chapter 18 Multi-Family Design Guidelines and Standards.

(Ord. 2015-04, 2015; amd. Ord. 2022-14, 2022)

   (1)   Lot Area: In order to provide for creativity and flexibility in subdivision design and to meet the purposes of this chapter, lots located within a subdivision located in single family and two family zones with a short term rental overlay district (STRO) may be smaller than the minimum size required by the underlying zone, as recommended by the commission, and approved by the city council.

   (2)   Lot Width And Frontage: The minimum lot width and lot frontage of lots located in single family and two family zones with a short term rental overlay district (STRO) may be less than required by the underlying zone, as recommended by the commission, and approved by the city council.

   (3)   Other Lot Standards: All other lot standards, except lot area, width and frontage, shall be met, as required by the underlying zone.

For subdivisions located in a multi-family zone with a short term rental overlay district (STRO) see Chapter 18 Multi-Family Design Guidelines and Standards.

(Ord. 2015-04, 2015; amd. Ord. 2022-14, 2022)

All requirements for primary and accessory buildings, as provided by the underlying zone, shall be met, or as allowed by this article.

(Ord. 2015-04, 2015; amd. Ord. 2022-14, 2022)

The design of a subdivision located in single family and two family zones with a short term rental overlay district (STRO) may consider variations in the siting and orientation of buildings and structures, but shall comply with the following minimum setback standards. Exceptions to these minimum setback requirements may be recommended by the commission and approved by the city council during the subdivision application or use application approval processes when determined appropriate.

   (1)   Front Yard Setback: The minimum front yard setback for primary buildings shall be twenty feet (20').

   (2)   Rear Yard Setback: The minimum rear yard setback for primary buildings shall be ten feet (10').

   (3)   Side Yard Setback: The minimum side yard setback for lots located in single family and two family zones with a short term rental overlay district (STRO) may be less than required by the underlying zone, as recommended by the commission, and approved by the city council.

   (4)   Side Yard Corner Setback: The minimum side yard setback for lots located in single family and two family zones with a short term rental overlay district (STRO) may be less than required by the underlying zone, as recommended by the commission, and approved by the city council.

   (5)   Accessory Buildings: The minimum yard requirements for accessory buildings and structures, including all setback requirements, shall be as required by the underlying district.

For subdivisions located in a multi-family zone with a short term rental overlay district (STRO) see Chapter 18 Multi-Family Design Guidelines and Standards.

(Ord. 2015-04, 2015; amd. Ord. 2022-14, 2022)

All matters relating to open space areas being provided with a subdivision located in single family and two family zones with a short term rental overlay district (STRO), including development standards, allowed uses, permanent protections, ownership and maintenance shall be controlled by the requirements and provisions of sections 16.07.417 through 16.07.421 of this chapter.

For subdivisions located in a multi-family zone with a short term rental overlay district (STRO) see Chapter 18 Multi-Family Design Guidelines and Standards.

(Ord. 2015-04, 2015; amd. Ord. 2022-14, 2022)

The "historic township" is defined as that area of the city generally designated as such on the land use plan. (Ord. 2015-15, 2015)

The purpose of this part is to minimize flag lots and to encourage infill and redevelopment within the historic township. (Ord. 2015-15, 2015)

In order to make infill development feasible, narrower streets or private accesses may be used. However, any street or access needed as a fire access must meet the minimum requirements for fire access roads as set forth in the international fire code as adopted by the city. (Ord. 2015-15, 2015)

In order to make infill development feasible, narrower frontages/lot widths, smaller lot sizes, and reduced setbacks may be used as approved by the city council. (Ord. 2015-15, 2015)

The "historic township city block" is defined as that block between Main Street and 100 West, and between Center Street and 100 North. (Ord. 2015-15, 2015)

The required minimum setback from back of curb shall be twenty feet (20'), which is the current setback for the existing city hall, for any public building, or addition thereto, constructed within the historic township city block. (Ord. 2015-15, 2015)

The general height limit for any public building, or addition thereto, constructed within the historic township city block shall be twenty five feet (25'), unless the city council grants a special exception to extend the height up to a maximum of thirty five feet (35'), which is the current height for the existing firehouse. (Ord. 2015-15, 2015)

Before any public building can be constructed within the historic township city block it must go through the permitting processes required of any other buildings, including conditional use permit and building permit processes. (Ord. 2015-15, 2015)