The City intends the PD-2 Zone to permit and regulate reasonable, single-family residential use of tracts of hillside property having a slope of less than thirty percent (30%), lying within the PD-2 Zone, the development of which might otherwise be unreasonably restricted. Uses permitted in the PD-2 Zone must be incidental to the essentially residential purposes thereof, and should not change the basic character of the zone. The PD-2 Zone, moreover, should encourage imaginative and efficient utilization of hillside land while ensuring compatibility with the surrounding environment. This is accomplished by providing greater flexibility in the location of buildings on the land, the consolidation of open spaces, and the clustering of some or all dwelling units. (Ord. 2007-17, 8-21-2007, eff. 9-2-2007)

As depicted on the Mapleton City official zoning map (as hereafter amended), the PD-2 Zone designation describes a proposed residential development located on approximately one hundred eighteen (118) acres in the eastern area of Mapleton City, generally at and around 2100 East and 200 South. (Ord. 2007-17, 8-21-2007, eff. 9-2-2007)

The following uses shall be permitted in the PD-2 Zone:

Agriculture (the science and art of farming; work of cultivating the soil, producing crops, and raising livestock).

Customary residential household pets as defined in section 18.08.010 of this title.

Home occupations, subject to the provisions of section 18.84.380 of this title.

Public utilities, drainage facilities, water wells and facilities; walls, ornamental ponds; fences subject to section 18.84.130 of this title.

Single-family dwellings.

Temporary fruit and vegetable stands, for the sale of produce raised on the premises, that shall not exceed one hundred (100) square feet; and are maintained in an orderly manner.

Temporary office building used as an office in connection with the sale of property within a subdivision under construction, provided that the temporary office is located on the same tract of land as the subdivision. A permit therefor shall be valid for not more than one year, and shall be renewable on an annual basis. This use subject to subsection 18.84.200B of this title (temporary building during construction).

The raising, care and keeping of limited numbers of livestock and fowl, excluding swine, for family food production or recreation. Also barns, corrals, pens and coops and other structures for the care and keeping of domestic livestock and fowl, subject to the following:

   A.   The number of animals kept shall not exceed one animal unit for each twenty thousand (20,000) square feet of lot area.

   B.   No structure for the housing of livestock or fowl or corrals for the close confinement of livestock shall be located closer than one hundred feet (100') from an existing dwelling on an adjacent lot or fifty feet (50') from such a dwelling on the same lot. (Ord. 2007-17, 8-21-2007, eff. 9-2-2007)

Accessory uses and structures are permitted in the PD-2 zone, provided they are incidental to the main residential dwelling unit, and do not substantially alter the character of the permitted principal use or structure. Such permitted accessory uses and structures include, but are not limited to, the following:

In areas having a slope of less than thirty percent (30%), accessory buildings such as barns, garages, carports, greenhouses, gardening sheds, recreation rooms, and similar structures which are customarily used in conjunction with and are incidental to a principal use or structure.

Private parks and playgrounds.

Swimming pools and incidental cabanas, subject to any and all requirements of the international building code (IBC). (Ord. 2007-17, 8-21-2007, eff. 9-2-2007)

The uses listed below may be approved by issuance of a conditional use permit from the planning commission. Uses not specified herein as "permitted" or "conditional" shall be considered prohibited. The following is a list of possible conditional uses within the PD-2 zone:

Exotic pets, so long as the petitioner provides sufficient evidence demonstrating that such pets will be prevented from endangering the health, safety, and welfare of other persons; causing damage to property of others; or otherwise creating a public nuisance.

In areas having a slope of greater than thirty percent (30%), accessory buildings such as barns, garages, carports, greenhouses, gardening sheds, recreation rooms, and similar structures which are customarily used in conjunction with and are incidental to a principal use or structure.

Owner occupied accessory apartments per section 18.84.410 of this title.

Places of worship, parks and playgrounds for multiple residential use, subject to section 18.84.320 of this title.

Residential healthcare facilities (nursing homes, including skilled nursing and intermediate healthcare facilities), subject to compliance with the standards for such uses as set forth in section 18.84.370 of this title and the approval of site plan in accordance with the provisions of section 18.84.320 of this title. (Ord. 2007-17, 8-21-2007, eff. 9-2-2007)

Each lot or parcel of property in the PD-2 zone shall meet all of the following requirements:

   A.   Lot Size And Area Per Dwelling: The minimum lot size in the PD-2 zone shall be twenty one thousand seven hundred eighty (21,780) square feet. Except as otherwise provided in section 18.78B.080 of this chapter, not more than one single-family dwelling may be placed upon a legally created lot or parcel of land in the PD-2 zone.

   B.   Lot Width: Each lot or parcel of land in the PD-2 zone shall have a width of at least one hundred feet (100').

   C.   Front Yard Requirements: No home shall have a front yard of less than thirty feet (30') measured from the front property line or the right of way to the foundation of the home.

   D.   Side And Rear Yard: Each lot or parcel of land in the PD-2 zone shall have a side yard of not less than ten feet (10'). Each lot or parcel of land in the PD-2 zone shall have a rear yard of not less than twenty five feet (25').

   E.   Corner Lots: Setbacks for corner lots shall not be less than thirty feet (30'), as measured for the front yard setback.

   F.   Accessory Buildings:

      1.   Accessory buildings may be located no closer than three feet (3') from a property line. However, buildings with fire rated walls, built to the standards outlined in the international residential building code (IRC), may be placed up to the property line.

      2.   a. Accessory buildings shall not exceed thirty five feet (35') in height.

         b.   Notwithstanding subsection F2a of this section, within ten feet (10') of a property line, accessory buildings shall not exceed twelve feet (12') in height.

      3.   All roof drainage shall be directed away from any adjacent property lines, and shall be drained to the property wherein the building is located.

   G.   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 approval by the planning and zoning director. Other city codes or ordinance also apply.

      2.   Landscape elements including trees, shrubs, agricultural crops, and other plants.

      3.   Necessary appurtenances for utility service.

      4.   The structures listed below may project into a minimum front or rear yard not more than four feet (4'), and into a minimum side yard not more than two feet (2'):

         a.   Cornices, eaves, belt courses, sills, buttresses, or other similar architectural features.

         b.   Fireplace structures and bays, provided that they are not wider than eight feet (8') measured generally parallel to the wall of which they are a part.

         c.   Stairways, balconies, door stoops, fire escapes, awnings, and planter boxes or masonry planters not exceeding twenty four inches (24") in height.

         d.   Porte-cochere over a driveway in a side yard, providing such structure is not more than one story in height and twenty four feet (24') in length, and is entirely open on at least three (3) sides except for necessary supporting columns and customary architectural features.

   H.   Building Height: No lot or parcel of land in the PD-2 zone shall have a building or structure used for dwelling or public assembly which exceeds a maximum of thirty five feet (35') measured from the finished grade of the lot to the midpoint of the roof pitch. Measurement shall be taken on three (3) sides of the home. Finished grade shall be established thirty feet (30') away from the front of the home, or from top of the curb (if present) or the middle point of the street directly in front of the home. If the home is located farther than thirty feet (30') from a city street, then the measurement shall be taken of the established grade ten feet (10') from the home.

   I.   Permissible Lot Coverage: All buildings, including accessory buildings and structures, shall cover not more than thirty five percent (35%) of the area of the lot or parcel of land. (Ord. 2007-17, 8-21-2007, eff. 9-2-2007)

   A.   Each home located on a lot or parcel in the PD-2 zone shall have on the same lot or parcel at least two (2) off street enclosed parking spaces.

   B.   Each home shall also have a driveway that leads from a public street to the required enclosed parking spaces. Said driveway shall be:

      1.   At least twelve feet (12') wide, and

      2.   Constructed of a hard surface material. (Ord. 2007-17, 8-21-2007, eff. 9-2-2007)

   A.   Maximum Overall Density: Notwithstanding the twenty one thousand seven hundred eighty (21,780) square foot PD-2 zone minimum lot size set forth in subsection 18.78B.060A of this chapter, the PD-2 zone (as depicted on the Mapleton City official zoning map, as hereafter amended), shall include no more than forty seven (47) single-family homes.

   B.   Clustering (Applicable Only If Clustering Is Used):

      1.   Purpose: Clustering within the PD-2 zone is meant to protect and preserve open space, encourage its more efficient and aesthetic use for scenic as well as recreational purposes. Clustering also offers the developer some flexibility in addressing land development issues.

      2.   Development Clusters: Development clusters are permitted within the PD-2 zone, subject to the following guidelines:

         a.   Each development cluster shall be a contiguous area containing at least twenty one thousand seven hundred eighty (21,780) square feet for each single-family residence therein.

         b.   No development cluster shall contain fewer than three (3) or more than seven (7) single-family residences, nor shall any development cluster contain more than ten (10) acres.

      3.   Designated Build Areas: Each development cluster shall contain a contiguous designated build area of at least eleven thousand (11,000) square feet per single-family residence.

         a.   All dwellings and accessory buildings in a given development cluster shall be located within the designated build area, having a slope of less than thirty percent (30%).

         b.   The location of each designated build area shall be designated on the preliminary plat and shall be identified and described on the final recorded plat, together with a notation to the effect that all dwellings and accessory buildings shall be located within such designated build area.

      4.   Applicability Of Development Code: All construction within a development cluster in the PD-2 zone shall be subject to all requirements of the development code of Mapleton City, Utah. (Ord. 2007-17, 8-21-2007, eff. 9-2-2007)

   A.   General Purpose: To help accomplish the objectives of this zone, all land surface having a slope of thirty percent (30%) or greater shall remain in its natural state and shall not be graded or otherwise disturbed except for the planting of additional vegetation, the addition of sprinkler irrigation systems, the establishment of required firebreaks or the required access easements.

   B.   Restrictions: To help preserve the hillside areas comprising this zone, the following restrictions on use shall apply to areas having a slope of thirty percent (30%) or greater:

      1.   Conditional Uses: The following shall be conditional uses:

Private roads leading to a permitted or conditional accessory use.

      2.   Prohibited Uses: The following shall be prohibited uses:

Grading, plowing, excavating, cutting or filling without a permit from the city. The permit from the city will be issued if it is shown that such activity can be performed without unreasonable risk of erosion, flooding, or landslide.

      3.   Additional Restrictions On Use Of Land:

         a.   Fences and walls shall only be constructed after obtaining a building permit.

         b.   Fences and walls shall only be constructed of low visibility see through materials not more than forty two inches (42") above the natural grade.

         c.   Existing surface of the ground shall not be changed by grading activities when erecting boundary fences.

         d.   No fencing shall be erected that interferes with dedicated easements.

         e.   All proposals to grade, fill, or excavate land shall be referred to the city engineer who shall make a preliminary determination if any erosion, flooding or landslide concerns exist that must be mitigated before a permit is issued. (Ord. 2007-17, 8-21-2007, eff. 9-2-2007)