Mantua City Zoning Code

The regulations set forth in this chapter detail each of the Zone Districts and describe the various uses, both permitted and conditional as well as uses prohibited in each zone. Overlay Zones are also detailed in this chapter.

11.7.1.1 Purpose, Scope And Objectives

The following Residential Zones are hereby created under this Code and may be collectively referred to as the "Residential Zones" or the "R" zones:

11.7.1.1.1 R1-20 Zone

The Single-Family Residential Zone [hereinafter referred to as the "R1-20 Zone"] is established to provide areas for the encouragement and promotion of an environment for family life by providing for the establishment of one-family detached dwellings on individual lots and associated uses as hereinafter defined. This zone is characterized by attractively landscaped or naturally rural lots with lawns and shrubs and natural open spaces.

11.7.1.1.2 (Reserved)

(This part is reserved)

11.7.1.1.3 MU-5 Zone

The Rural Residential Zone [hereinafter referred to as the "MU-5 Zone"] is established to provide areas where single family residential use and associated uses, as hereinafter defined, may be harmoniously integrated with incidental agricultural pursuits. This zone is intended to allow the keeping of a higher number and/or density of farm animals and fowl in conjunction with single-family dwelling units. It is intended, at the same time, to retain land in parcels large enough to provide efficient and attractive development to encourage natural or agricultural open spaces. The MU-5 Zone is also intended to accommodate residential developments which are oriented to an equestrian lifestyle. This would allow the design of a residential community which could contain non-commercial stables, training areas and equestrian or pedestrian trails as an integral part of the development.

11.7.1.2 Permitted And Conditional Uses

Those general uses or categories of uses listed below may be conducted in the Residential Zone. Uses are listed as designated in this Code. Detailed permitted uses and conditional uses as well as prohibited uses are listed in the Zone District Land Use Table in Appendix A at the end of this code.

11.7.1.2.1 Permitted Uses

In addition to the permitted uses designated in appendix A - Land Uses by Zone of this Code the following characteristic uses of land, are permitted in the Residential Zone as indicated by the following, also shown with each classification is the zone that the classification is applied to:

11.7.1.2.2 Conditional Uses

1. In addition to the uses designed in appendix A - Land Uses by Zone of this Code, the Planning and Zoning Commission may authorize the issuance of a Conditional Use Permit for the following uses of land in the Residential Zones indicated as indicated by the following use classifications listed below, also shown with each classification is the zone that the classification is applied to:

11.7.1.3 Lot Area And Density

The minimum area of any single lot or parcel or the density as related to homes per acre, (whichever is used) of land in Residential Zones shall be as indicated with the R1-20 or MU- 5 designation.

11.7.1.4 Density Of Residential Housing Developments

To encourage the preservation of agricultural and natural open space, enhance its profitability, minimize the cost of public services, reduce yard sizes to conserve water and improve landscaping quality and to discourage evenly spaced development running along public streets, clustered residential housing may be developed on parcels or combined lots in an approved Subdivision that is a Master Planned Development.

11.7.1.4.1 (Reserved)

(Reserved)

11.7.1.4.2 (Reserved)

(Reserved)

11.7.1.4.3 Lot Frontage

Each lot or parcel of land located in Residential Zones shall abut along the right-of-way line of a public street for a minimum distance of 120 feet. Frontage is measured at the right-of-way, as well as at the thirty (30) foot setback of the property line from the right-of-way.

11.7.1.5 Zone Depth Along Roads And Highways

If a residential zone borders or runs along a public or private street with a different zone or sub- zone of lower residential density or larger minimum lot size placed behind it, a second appended code may be added to that zone or sub-zone to designate the depth of the zone in feet from the right of way line of the street. If no depth is specified the zone will be assumed to border a property line, road, major geographic feature or a section, quarter section or quarter-quarter section line or other legally surveyed boundary. This depth code may only be used in some instances on the official zone map to help clarify certain zone district boundaries.

11.7.1.6 Prior Created Lots Of Record

Lots or parcels of land which legally existed or were created by a preliminary or final plat approval prior to the application of this zone shall not be denied a building permit solely for reason of non-conformance with the parcel requirements of this Chapter and are declared a non- conforming use under this Code.

11.7.1.7 Panhandle Or Flag Lots

Panhandle or Flag lots, or any combination of those lots, are not permitted.

11.7.1.8 Lot Area Per Dwelling

Not more than one single-family dwelling may be placed on a lot or parcel in the Residential Zones. Single caretaker facilities or single secondary accessory apartments may be allowed.

11.7.1.9 Yard Requirements - Dwellings And Main Buildings

The following yard set-back requirements shall apply on all lots in Residential Zones:

1. Front yard - interior and corner lots. The minimum front yard setback for all buildings in Residential Zones shall be 30 feet. Required front yards on flared lots shall be measured from the point on the front property line farthest into the lot.
2. Side yards - interior lots. The minimum side yard for all buildings on interior lots in Residential Zones (except in multi-family residential developments) shall be 15 feet.
3. Side yards - corner lots. The minimum side yards for all buildings on corner lots in Residential Zones (except in multifamily residential developments) shall be 15 feet on the side adjoining another lot and 30 feet on the side adjoining the street (for corner lots).
4. Rear yard - interior and corner lots. The minimum rear yard for all buildings in Residential Zones except in multifamily residential developments) shall be 25 feet; except, that on corner lots, the rear yard may be reduced to a minimum of 10 feet.
5. Easements. No dwelling or main building shall be located within a platted easement area of any kind.

11.7.1.10 Yard Requirements - Accessory Buildings

Accessory buildings such as garages and sheds may be located on lots in Residential Zones according to the following requirements but only in conjunction with an existing dwelling or main building on the same lot:

1. Side yard accessory building. An accessory building shall be located in a side yard no closer than 15 feet from the side property line and no closer than 10 feet from the dwelling or main building; except, that an accessory building may not be located in the required street side yard of a corner lot.
2. Rear yard accessory building. An accessory building may be located in a rear yard no closer than 10 feet from the dwelling or main building and not closer than 3 feet from the side or rear property lines. An accessory building may be located at or near the side or rear property lines, provided that all requirements of the adopted International Building Code are met and that the accessory building is equipped with facilities for the discharge of all roof drainage onto the lot upon which said accessory building is located.
3. Additional setback requirement. In addition to the side yard and rear yard requirements, accessory buildings exceeding 10 feet in height shall be located so that the horizontal distance measured from the property line to any point of the structure shall be 30% or more of the height of the structure at that point (horizontal distance/height=30% or more).
4. Accessory buildings for animals. Accessory buildings used for the housing or shelter of animals shall be located a minimum distance of 40 feet from any dwelling and 4 feet from any property line.
5. Easements. No permanent accessory building shall be located within a platted easement area of any kind.
6. Detached Noncombustible/Metal Carport – Noncombustible/metal carport with a roof and no more than two (2) sides may be located within three (3) feet of the existing dwelling or main building. Carport floor surfaces shall be of approved noncombustible material. The carport may be located at or near the side or rear property lines, provided that all requirements of the Utah State adopted International Building Code are met and that the carport is equipped with facilities for the discharge of all roof drainage onto the lot upon which the carport is located.

11.7.1.11 Projections Into Yards

The following structures may be erected on or projected into any required yard:

1. Fences and walls in conformance with this Code and other Town codes or ordinances.
2. Landscape elements including trees, shrubs, agricultural crops and other plants.
3. Necessary appurtenances for utility service.

The structures listed below may project into a minimum front or rear yard not more than 4 feet and into a minimum side yard not more than 3 feet. See the Supplemental Regulations for more detailed regulations:

1. Cornices, eaves, belt courses, sills, buttresses or other similar architectural features.
2. Fireplace structures and bays, provided that they are not wider than 8 feet measured generally parallel to the wall of which they are a part.
3. Stairways, balconies, door stoops, fire escapes, awnings, porches and patio covers.
4. Planting boxes not exceeding 24 inches in height.

11.7.1.12 Height And Building Location

No lot or parcel of land in the Residential Zones shall have a building which exceeds a height of 30 feet. The total height of the building shall be measured as the highest point of the roof. The centerline of the house or other structure at the original grade of the property before development activity is the reference point to determine height.

11.7.1.13 Permissible Lot Coverage

In the Residential Zones the area of the lot or parcel of land covered by buildings and structures shall not exceed 35 percent.

11.7.1.14 Parking And Access

1. Each lot or parcel on which a single-family dwelling is located shall have on the same lot or parcel a minimum of 2 off-street parking spaces. Required parking spaces shall not be provided within a required front yard, including driveways. Said spaces shall be paved with asphaltic cement or concrete and shall be provided with a paved access from a public street or graveled access on lots in the MU-5 Zone. Fully enclosed two-car attached garages which have a minimum outside dimension width of 20 feet as measured from outside of foundation to outside of foundation and have at least 400 square feet of area shall satisfy the off-street parking requirement. All platted subdivision lots shall meet the parking requirements in effect when the subdivision was platted.
2. When a driveway is used for access to a rear parking area for a non-residential use having less than 5 parking spaces, the side yard shall be wide enough to accommodate an unobstructed 10 feet paved driveway. When used for access to a garage, carport or parking area having 6 or more parking spaces, the side yard shall be wide enough to provide for an unobstructed 12 foot paved driveway for one-way traffic, or a 24 foot paved driveway for two- way traffic.

11.7.1.15 Site Plan Approval

The Land Management and Development Code and International Building Code shall be satisfied prior to the issuance of a building permit. A site plan shall be submitted and approved prior to the issuance of any permit.

11.7.1.16 Other Requirements

11.7.1.16.1 Animal Limitations

1. The maintenance and keeping of animals and fowl on a lot or parcel of land in a R1-20 or MU-5 Zone, where such use is permitted, shall be limited to a total of 2 animal points per 1000 sq. ft. Lots less than 20,000 sq. feet shall be restricted to a maximum of 20 animal points. Animal points shall be determined from the chart below.

1. All animals allocated on a lot or parcel of land must be contained upon said lot or parcel.

11.7.1.16.2 Landscaping

All open disturbed areas in Residential Zones, except driveways, parking areas, walkways, utility areas, improved decks, patios, porches, shall be maintained with suitable landscaping of plants, shrubs, trees, grass or other landscaping materials including xeriscaping within the dates and upon the terms stated in this Code; including the submission of an agreement in writing and a cash escrow, letter of credit or performance guarantee prior to the issuance of a certificate of occupancy, if required.

11.7.1.16.3 Fences, Walls, And Landscape Elements

1. Notwithstanding the setback, yard and height requirements for structures otherwise stated in this Title, fences, walls, hedges, shrubs, berms and other unroofed landscaping appurtenances may be located on the property line, or adjacent to the sidewalk, or in the yard between the building setback line and the property line or sidewalk, provided that the maximum height above natural grade for a fence, wall, hedge, berm or similar unroofed landscape feature is:
2. Four (4) feet where such fence or other feature is located in front of the front building line of the dwelling or main building.
3. Six (6) feet where such fence or other feature is located behind the front building line of the dwelling or main building or 30 feet from the front property line.
4. Three (3) feet where such fence or other feature is sight obscuring and is located within the clear vision area of a corner lot (the area within the triangle 25 feet on each property line and the line connecting those points), except for trees from which the lower branches are pruned to provide a minimum 7 feet high clear sight area below the tree. Shrubs are permitted in this area which are trimmed to a height of 3 feet or less.
5. Four (4) feet where such fence or other feature is sight obscuring and is located in an area that is within 10 feet of a driveway and 20 feet of a street.

11.7.1.16.4 Location Of Boats, Trailers, Campers, And Motor Homes

Boats, trailers, campers and motor homes may not be stored in the required front yard of any lot or in the street side yard of a corner lot in excess of 24 hours, except that a vehicle owned by a guest of the resident may be stored in a required front yard or street side yard (on corner lots) for up to 7 consecutive days per calendar quarter. A motor home or RV may be occupied by a guest or guests of the resident for up to 7 consecutive days per calendar quarter.

11.7.1.16.5 Storage Of Commercial Vehicles

No trucks, motor vehicles or commercial trailers having a registered weight exceeding 12,000 pounds shall be stored or parked on any lot or parcel within any residential zone, including contracting and/or earth-moving equipment. Notwithstanding the foregoing provisions, the tractor portion of a semi-truck may be parked or stored on a parcel or lot in a residential zone occupied by the driver provided said vehicle is parked or stored entirely within the boundaries of said lot or parcel and provided further that the vehicle shall not obstruct the public sidewalk or trail.

11.7.1.16.6 Temporary Mobile Homes

A Temporary Conditional Use Permit may be issued for a temporary mobile home which may be located on the rear portion of a residential lot during the construction of a permanent dwelling for not longer than 1 year. The Planning Commission may require that a bond or other guarantee be posted to insure that the temporary mobile home is removed by the expiration of the permit.

11.7.1.16.7 Trash And Waste Storage

No trash, used materials, or wrecked or non-operational or abandoned vehicles or equipment shall be stored in an open area or yard for more than ninety (90) days. All such materials must be screened from public streets and adjacent property located within the “R” zones with an opaque fence or wall, or must be stored within an enclosed building. All trash storage areas shall be screened and/or hidden from the public or adjoining residential area view by appropriate fencing and/or landscaping methods and placed in a rear area of the main building if possible except for standard residential garbage cans used throughout the Town. No hazardous materials or chemicals or oils/solvents shall be stored in areas that do not meet health department regulations or are accessible to the public. Trash storage plans must be presented to the Planning Commission for approval, prior to issuance of a building permit.

11.7.1.17 Multifamily Housing Design Standards

The following design standards apply to all general occupancy rental housing and condominiums. These standards are supplemental to basic standards established by International Building Code and other applicable regulations. Where two standards govern the same condition, conformance to the most restrictive standard is required.

11.7.1.17.1 Purpose

To ensure multifamily housing is decent quality, energy efficient, functional, sustainable, and effective in reducing long-term maintenance costs.

11.7.1.17.2 Requirements

11.7.1.17.2.1 Site

1. Parking/Drive Lanes/Garages
2. Parking shall comply with the following minimum requirements:
3. One and one quarter (1.25) parking space for each bedroom;
4. Parking spaces shall be at least 8'-6" wide except at designated handicapped parking space(s) which shall be in compliance with applicable codes.
5. Poured concrete curb and gutter at outer perimeter of onsite drive lanes and parking. (Not required for a semi-private driveway leading up to the attached garage.)
6. Private garages are required, they shall conform to the following:
7. No more than two (2) attached or detached garage stall per dwelling unit;
8. Each stall shall be partitioned to the roof with solid material;
9. Minimum size requirements:
10. Stall width: 10'-6" clear minimum (non-handicap)
11. Overhead door: 9'0" wide minimum
12. Stall depth: 20'-0" clear minimum

11.7.1.17.2.2 Play Area/Play Equipment

1. Play area/play equipment is not required if any of the following conditions apply:
2. Development contains only 1-bedroom or smaller dwelling units;
3. There is a public park with play equipment within 1,000 feet of the development (measured from the closest property line to the public park as straight line distance, not travel distance), unless they are separated by busy street; or
4. For rehabilitation and/or adaptive reuse projects where the Town agrees with the Owner/Developer that it is not economically feasible or viable.
5. The size of the play area must be provided in proportion to the child population of the development. The child population for each unit shall be computed as follows:

1. Based on the type and number of units in the development, the total development child population can be computed, and the size of the play area should be determined as follows:
2. The minimum size of the play area must be 576 sq. ft. per child with a minimum size of 24'-0" x 24'-0".
3. The entire play area must be filled with natural or synthetic protective materials and equipped with reasonable play equipment for the size of the lot. The perimeter shall be designed to keep play area material from spilling, such as a curb and/or sidewalk.
4. The play area and play equipment must be in compliance with equipment manufacturer requirements. The play area does not have to be square or confined to one location as long as minimum play area is complied with.
5. Lumber treated with chromate copper arsenate shall not be used for play equipment.
6. Avoid locating any play area(s) where children are required to cross driveways.
7. Provide drain tile beneath all permeable play area surface materials with outlet to nearest storm sewer or drainage ditch.
8. Provide shade, seating, and trash receptacle near all play areas.
9. Rehabilitation/Adaptive Reuse: Any existing play area/play equipment scheduled to remain shall be in good repair and in compliance with all applicable safety regulations.
10. Play areas must be on an accessible route with an accessible entrance point.

11.7.1.17.2.3 Signage

1. A temporary construction project sign shall be erected onsite at time of construction start. It shall contain the development name, Equal Housing Opportunity logo, Equal Employment Opportunity logo, Owner’s name, General Contractor’s name, Architect’s name, and leasing information/phone number. In compliance with Section 3.29 of this code.
2. A permanent development sign shall be provided and installed onsite. It shall provide the name of development, Equal Housing Opportunity logo, and leasing information/phone number. In compliance with Section 3.29 of this code.

11.7.1.17.3 Building Design

The building design shall have the look of a single-family residence (maximum height is 30 feet). The building design or rehabilitation work scope shall be reasonably appropriate for the intended site, resident population, and anticipated market.

11.7.1.17.3.1 Laundry

Common laundry is required unless laundry equipment and hookups are provided in each dwelling unit.

1. If common laundry, one (1) washer and one (1) dryer must be provided for every four (4) dwelling units. Provide folding tables and seating area.
2. If laundry equipment is provided in each dwelling unit, stackable equipment is acceptable, as is coin-operated equipment.

11.7.1.17.3.2 (Reserved)

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

11.7.2.1 Purpose And Objectives

The Commercial (C-1) Zone is established to provide a district primarily for the accommodation of light and medium commercial uses and commercial areas which have been established in locations within or close to the central core of the Town. Mantua is not to be an area of heavy commercial development, such uses are more compatible with other local communities. Though this zone may be applied to areas which have developed as "strip commercial" developments along Main Street, it shall not be used to promote or establish areas in which such development can be promulgated or encouraged in violation of good planning principles. The location of the C-1 zone should be close to major arterials to provide convenient access for higher traffic volumes without hazard and without traversing through a residential neighborhood. The C-1 zone shall not be applied to the internal areas of residential neighborhoods. Although the C-1 zone may be applied to existing commercial areas which have a variety of characteristics, the provisions contained herein should be used to encourage greater integrity and aesthetic improvements as these areas are redeveloped, expanded, and improved. Integrated and coordinated landscaping, parking, ingress, egress and signing and building design should be encouraged and regulated through the use of project plan approval procedures. New construction should be in harmony with the characteristics of the surrounding developed commercial and residential areas. The uses characteristic of this zone will be a wide range of small retail and service stores and shops.

11.7.2.2 Permitted Uses

All permitted uses allowed under the C-1 zone are designated in the appendix A - Land Uses by Zone of this code which designates each use in the Standard Land Use Code format as published and maintained by the Planning Commission. Those uses or categories of uses as listed therein, and no others, are permitted in the C-1 zone. All such categories listed therein and all specific uses contained within them in the Standard Land Use Code will be permitted in the C-1 zone subject to the limitations set forth herein.

11.7.2.3 Permitted Accessory Uses

Accessory uses and structures are permitted in the C-1 zone provided they are incidental to, and do not substantially alter, the character of the permitted principal use or structure. Such permitted uses and structures include, but are not limited to, the following:

1. Accessory buildings such as garages, carports, equipment storage buildings and supply storage buildings which are customarily used in conjunction with and incidental to a principal use or structure permitted in the C-1 zone.
2. Storage of materials used for construction of buildings, including the contractor's temporary office provided that such use be located on the building site or immediately adjacent thereto, and provided further, that such use shall be permitted only during the construction period and thirty (30) days thereafter.

11.7.2.4 Conditional Uses

Certain uses and structures are permitted in the C-1 zone only after a Conditional Use Permit has been issued, and subject to the terms and conditions thereof. All conditional uses allowed under the C-1 zone are designated in the appendix A - Land Uses by Zone of this code which designates each use in the Standard Land Use Code format as published and maintained by the Planning Commission. Those uses or categories of uses as listed therein, and no others, are conditional in the C-1 zone. All such conditional categories listed therein and all specific uses contained within them in the Standard Land Use Code will be conditional in the C-1 zone subject to the limitations set forth herein.

11.7.2.5 Lot Area

There shall be no minimum lot area requirements in the C-1 zone except as may be dictated by off-street parking requirements, adequate circulation, and property site utilization.

11.7.2.6 Commercial And Residential Area Requirements In Mixed Residential/Commercial Use Structures

In mixed residential/commercial use structures, the amount of commercial area shall not exceed fifty (50) percent of the total lot area unless there is a corresponding reduction of residential square footage on the basis of two (2) square feet of residential area reduced to one (1) square foot of commercial area added above fifty (50) percent of the total lot area.

11.7.2.7 Lot Width

There shall be a minimum requirement of 35 feet lot width, provided all requirements of necessary parking regulations can be satisfied.

11.7.2.8 Lot Frontage

Each lot or parcel of land in the C-1 zone shall have frontage on a public street for a minimum distance of thirty-five (35) feet.

11.7.2.9 Prior Created Lots

Lots or parcels of land which were created prior to the application of this zone, shall not be denied a building permit solely for reasons of non-conformance to the parcel requirements of this Chapter.

11.7.2.10 Area Of Zone

Each single C-1 zone zoning district shall contain a minimum of two (2) acres except those existing, previously developed commercial facilities and areas to which the C-1 zone is applied.

11.7.2.11 Yard Requirements

The following maximum yard requirements shall apply in the C-1 zone:

1. Front Yard. Each lot or parcel of land in the C-1 zone shall have a front yard of not less than ten (10) feet, except that in areas developed prior to the establishment of this zone, the front yard shall be equal to the average of existing front yards on all parcels of property along the block face in which a building or structure is to be located.
2. Side Yard. Except as provided in subsections (3), (4), (5) and (6) below, each lot or parcel of land in the C-1 zone shall have a side yard of at least twenty (20) feet when located adjacent to a residential zone. There shall be no requirements in those instances where the side property line abuts a commercial or light manufacturing/industrial zone.
3. Side Yard - Corner Lots. On corner lots the side yard contiguous with the street shall be not less than ten (10) feet in width, and shall not be used for vehicular parking. Said area shall be appropriately landscaped except those portions devoted to access and driveway use.
4. Side Yard - Driveway. When used for access to any garage, carport, or parking area having less than five (5) parking spaces, a side yard shall be wide enough to accommodate an unobstructed twelve (12) foot paved driveway. When used for access to a garage, carport, or parking area having six (6) or more parking spaces, a side yard shall be wide enough to provide an unobstructed fifteen (15) foot paved driveway for one-way traffic, or a twenty (20) foot paved driveway for two-way traffic.
5. Side Yard - Accessory Building. An accessory building may be located on a side property line if, and only if, all of the following conditions are met:
6. An accessory building has no openings on the side which is contiguous to the property line, and the wall of said building adjacent to the property line has a four (4) hour fire-retardant rating.
7. The accessory building has facilities for the discharge of all roof drainage onto the lot or parcel on which it is erected.
8. Rear Yard. There shall be no rear yard requirements except as may be dictated by provisions of the International Building Code.
9. Rear Yard - Accessory Building. No requirement.

11.7.2.12 Projections Into Yards

1. The following structures may be erected on, or project into, any required yard, except into a required driveway:
2. Fences and walls in conformance with Town codes and ordinances;
3. Landscaping elements including trees, shrubs, and other plants;
4. Necessary appurtenances for utility service.
5. The structures listed below may project into a minimum front or rear yard not more than four (4) feet, and into a minimum side yard not more than three (3) feet, except that required driveways shall remain unobstructed from the ground upward.
6. Cornices, eaves, belt courses, sills, buttresses, or other similar architectural features.
7. Stairways, balconies, door stoops, fire escapes, awnings, and planter boxes or masonry planters not exceeding twenty-four (24) inches in height.
8. Carports and loading docks in a side yard or rear yard, provided that such a structure is not more than one (1) story in height and is entirely open on at least three (3) sides, except for necessary supporting columns and customary architectural features.

11.7.2.13 Building Height

In the C-1 zone, the height of every building or structure hereinafter designed, erected, or structurally altered or enlarged shall be regulated by conformance to the requirements of the most recent edition of the International Building Code as adopted by action of the Town. After the effective date of this Chapter, all new structures exceeding two (2) stories in height shall be served with elevators or escalators in addition to the stairways otherwise required by law. Any building design of over 30 feet in height is not permitted.

11.7.2.14 Distance Between Buildings

No requirements, providing all necessary parking regulations can be met.

11.7.2.15 Permissible Lot Coverage

No requirements except as may be dictated by yard requirements, landscape requirements, and compliance with off-street parking provisions. Permissible lot coverage for mixed residential/commercial uses, see 7.2.6.

11.7.2.16 Parking, Loading, And Access

1. Each lot or parcel in the C-1 zone shall have automobile parking sufficient to meet the requirements as set forth in Chapter 3 of this Code.
2. All parking spaces shall be paved with asphaltic cement or concrete, and shall be provided with adequate drainage which shall not run across a public sidewalk.
3. Parking spaces shall not be provided within a required front yard or side yard adjacent to a public street.

11.7.2.17 Project Plan Approval

Prior to the construction of any project in the C-1 zone, a project plan shall be submitted and approved. Said project shall be drawn to scale and shall contain all required information designated on the application and/or checklist.

11.7.2.18 Other Requirements

The following other requirements shall apply to developments within the C-1 zone:

11.7.2.18.1 Signs

All signs erected in the C-1 zone shall be in conformance with the sign provisions of Chapter 3 of this Code.

11.7.2.18.2 Uses Within Buildings

All uses established in the C-1 zone shall be conducted entirely within a fully enclosed building except those uses deemed by the Planning Commission to be customarily and appropriately conducted in the open. Such uses may include but would not be limited to, service stations, ice skating, miniature golf, plant nurseries, etc.

11.7.2.18.3 Landscaping

Each building or project in the C-1 zone shall be landscaped, which shall be pre- approved by the Planning Commission, subject to the following:

1. Required front yard areas and required side yard areas adjacent to a public street, except those portions devoted to driveways shall be reasonably landscaped with plants shrubs, trees, grass, and similar landscaping materials, including a minimum of twenty-five (25) 1-1/2 to 2 inch caliper trees per acre, and with all shrubs having a minimum five (5) gallon size, [maintained with suitable landscaping of plants, shrubs, trees, grass, and similar landscaping materials.]
2. All landscaped areas shall have sprinkling and/or irrigation systems.
3. All parking areas shall be screened from public streets by a landscaped berm, decorative screening wall, planted hedge, or other reasonable methods.
4. The use of natural landscaping materials with strong visual impact shall be emphasized including the use of bedding areas with perennial shrubs where appropriate, clustering of trees and large sized plants.
5. Parking areas shall be landscaped where possible around the periphery and at the ends of parking rows in accordance with the landscaping plan approved as part of the project plan approval procedure.

11.7.2.18.4 Trash And Waste Storage

No trash, used materials, or wrecked or non-operational or abandoned vehicles or equipment shall be stored in an open area or yard. All such materials must be screened from public streets and adjacent property located within the C-1 zones with an opaque fence or wall, or must be stored within an enclosed building. All trash storage areas shall be screened and/or hidden from the public or adjoining residential area view by appropriate fencing and/or landscaping methods and placed in a rear area of the main building if possible. No hazardous materials or chemicals or oils/solvents shall be stored in areas that do not meet health department regulations or are accessible to the public. Trash storage plans must be presented to the Planning Commission for approval, prior to issuance of a building permit.

11.7.2.18.5 Walls And Fences

1. No wall, fence, or opaque hedge or screening material higher than thirty-six (36) inches shall be maintained within a required front yard in a C-1 zone.
2. A six (6) foot decorative masonry wall or fencing of low maintenance or maintenance free material shall be constructed along all bordering residential property lines or zone boundary. Any proposed use of a parking area, road, or a driveway of a commercial, office or institutional nature shall have a three (3) foot above grade barrier type foundation incorporated into the design of the wall/fence or permanent parking stops installed around parking area, road, or driveway. All fences shall be approved by the Planning Commission.

11.7.2.18.6 Remodeling In Existing C-1 Zones

If the remodeling of a building in the C-1 zone causes the exterior of the building to be enlarged, the landscaping requirements of this section shall apply, with the following limitations:

1. The requirements of subsection 7.2.18.3 shall not apply where those requirements would conflict with parking requirements, be incompatible with the design of existing buildings or impair ingress or egress to existing buildings or parking areas.
2. The requirements of subsection 7.2.18.3 shall not be applied to require improvements which cost more than five (5) percent of the total remodeling project.

11.7.2.18.7 Storage Facilities

All commercial storage or warehousing facilities shall be enclosed by a fence or wall of a material and screening system that provides adequate security and is architecturally compatible with the commercial district or community that the facility is in.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

11.7.3.1 Objectives And Application

To protect the image of Mantua as an agricultural mountain community with sweeping, attractive mountain vistas and open fields and meadows, it is the intent of this section to maintain the visual character of all designated entry corridors into Mantua including open space and meadows located in the entry corridor protection areas, views of hillsides and ridge line areas, and natural areas such as streams, rivers, lakes or ponds, reservoirs and wetlands. This objective can be attained by eliminating or mitigating visually obtrusive development and ensuring that significant portions of open space remains intact.

This Overlay Zone is designated as areas along entry corridors of Mantua in the Land Use Map and Zoning District Map of the Town and is represented by the (EC) code. Land designated by this overlay zone possesses all the regulations of the underlying zone in addition to the regulations of this section as an enhancement thereto. Some entry corridors may be designated as a Sensitive Lands Overlay, and as such would be subject to the regulations of Chapter 10 of this Code instead of this section. If they are only designated as (EC), then the following regulations shall apply.

11.7.3.2 Applicability To Property Within Existing Mantua Town Limits

The regulations contained in this subsection shall apply to all structures on lots adjacent to or within two-hundred and fifty (250) feet of the nearest right-of-way of entry corridors within the existing boundaries of Mantua including all highway entries into the Town and designated on the Land Use Map and the Zoning District Map(s).

11.7.3.3 Applicability To Future Annexed Properties

Upon submission of an annexation petition, the Planning Commission shall identify relevant entry corridors for designation by the Town Council and to the maximum extent feasible open vistas and meadows shall be maintained.

11.7.3.4 Access/Traffic

Access points and driveways connecting directly to the entry corridor roadways shall be minimized. Access shall be from existing Town streets that join with the corridor roadways rather than direct roadway access. Common driveways between adjoining projects shall be encouraged. Whenever direct driveway access is necessary, it shall be located in such a manner to minimize interference with through traffic on the corridor roadway.

11.7.3.5 Setbacks

1. A setback line shall be established by the Planning Commission or Town Staff based upon a visual assessment of the property. However, in no case shall the setback be less than one-hundred (100) feet from the nearest entry roadway right-of-way. In areas where open meadow vistas are considered important, the required setback may be increased significantly. The 100-foot standard is intended to be more appropriate for properties currently within the Town Limits. Upon Annexation request, the appropriate setback will be determined based upon a site-specific visual analysis.
2. Building setbacks shall vary from structure to structure within any one lot or development. Setbacks shall also vary from those on adjoining roadway-oriented property to avoid creating a walled effect. Buildings shall be located in such a manner to enhance and frame important views as determined by a visual assessment.
3. Agricultural or stock fences and irrigation systems shall be permitted in the setback areas.
4. Slope from the road such that the house and accessory buildings cannot be seen from the corridor road.

11.7.3.6 Parking Lots

Parking lots shall be located to the rear or sides of buildings to the maximum extent feasible.

11.7.3.7 Berms/Earthwork Screening

All earthen berms and earthwork screening shall be graded and planted in such a manner so as to permit views of primary uses on the site from the adjacent entry corridor roadway. Additionally, berm crests shall be contoured and varied in height to avoid a straight-line barrier effect.

11.7.3.8 Fencing

In addition to the requirements contained in the Land Management and Development Code, all fences in the entry corridor shall be of one of the following styles:

1. Wooden rail types.
2. Architecturally compatible solid wood and natural stone.
3. Wire type Stock fences.
4. Various forms of steel fencing as determined by the Town, but not including chain link fencing.
5. Vinyl rail types.

11.7.3.9 Height Controls

No building shall exceed the following height limits

1. Twenty (20) feet if the entry corridor setback is less than one hundred fifty (150) feet.
2. Twenty-five (25) feet if the entry corridor setback is greater than one-hundred fifty (150) feet but less than two-hundred (200) feet.
3. Up to the maximum height allowed by the underlying zone if the setback is two- hundred (200) feet or greater.

In addition, buildings may be required to be stepped back to preserve and enhance important views defined in a visual assessment.

The reference point for determining setbacks are as follows:

1. The property line on the road right-of-way or;
2. The outermost edge of the dike around the reservoir or;
3. The 5440 contour line.

11.7.3.10 Pedestrian Facilities

Trails and sidewalks shall be provided in all entry corridor subdivision developments in accordance with the Mantua Trails or Pedestrian Master Plan if they exist at the time.

11.7.3.11 Landscaping/Vegetation Protection

A landscaping plan shall be required for all entry corridor developments, and vegetation protection shall be undertaken pursuant to this Code as amended.

11.7.3.12 Design Standards

All development within an entry corridor shall comply with the design standards contained in this Code, as amended.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

1. The Sensitive Lands Overlay Zone is a special zone that may be placed over any other existing zone that is in an area designated or believed to possess lands that are sensitive due to excessive slopes, ridge line and hillside visual protection areas, unsuitable or sensitive soils for building, wetlands, stream protection areas, critical wildlife habitats or migration areas, fire hazards, flooding hazards and any other geologic type hazards. The designation of this overlay to a particular zone below it is accomplished by prefixing the zone with the (S-) designation. For example: S-A-40 would mean that the Agricultural 40 acre zone (A-40) would lie either partially or completely within the Sensitive Lands Overlay Zone. When used elsewhere as an abbreviation, the sensitive lands overlay zone will be referred to as (SLOZ).
2. The treatment of development proposals in this overlay zone are treated very critically to protect not only the residents of the development, but the developer, project owner(s) and Town residents from hazards, potential liability and/or property damage.
3. The regulations covering additional studies and treatment of these areas prior to any development may take place are detailed in Chapter 10 of this code. All regulations in Chapter 10 are in addition to any Zone Regulations in this chapter or any other studies, conditions or regulations in any other chapter of this Code, including but not limited to the Infrastructure review process outlined in Chapter 1, the right to farm provisions of chapter 3 and the subdivision and Master Planned Development (MPD) regulations of chapter 8 and 9 of this code.
4. If a property or lot is covered only partially by the Sensitive Lands Overlay Zone, all the conditions and regulations of chapter 10 will still apply to that portion, or all of the lot or parcel if the Overlay Zone covers over fifty (50) percent of the parcel. All types of development, including any necessary infrastructure needed to service the development are subject to the environmental impact review and remediation on treatments of impacts derived therefrom, including density transfers, building(s) or facilities relocation or prohibitions from development.
5. All subdivision proposals within the Sensitive Lands Overlay Zone must be submitted and applied for as a Master Planned Development and as such all uses associated with the subdivision become a conditional use and are reviewed as outlined in Chapters 8, 9 and 10 of this Code.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024