The planned development-3 Harmony Ridge district (PD-3HR) describes a proposed commercial, retail, light industrial and master planned mixed use development set in the southern area of Mapleton City, east of Highway 89. This district consists of a maximum of eight hundred fifty (850) residential dwelling units, not counting accessory apartments as permitted by this chapter. The district allows a maximum of one hundred seventy (170) residential dwelling units or twenty percent (20%) of the eight hundred fifty (850) units listed above within the mixed use zones of commercial/retail and flex space. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

In addition to the specific development standards contained in this chapter, areas zoned to the PD-3HR shall comply with section 17.04.130, "Availability Of Adequate Public Facilities", of this code. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

An architectural committee (AC) shall be employed by the homeowners' associations in the PD-3HR zone to review the applicable covenants, conditions, and restrictions (CC&Rs) and to verify and enforce the established Harmony Ridge residential and commercial/industrial design standards.

No building permit application will be accepted by the city without an approval stamp from the AC. All building guidelines will meet applicable Mapleton City and international building code standards. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

A minimum of forty percent (40%) of the site shall be preserved as permanent open space designated for public recreation and/or natural habitat. Open space may include stormwater management facilities, trails, play fields, greens, and natural areas. Such preserved open space shall be preserved in perpetuity through a deed restriction as approved by the city. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

Design elements including, but not limited to, street width, curb radii, drainage facilities, sidewalks, curb and gutter, fencing, and block standards shall conform to the Harmony Ridge preliminary plan and Mapleton City standards. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

If the city deems that open space and parks owned by homeowners' associations are not being kept to Mapleton City standards, the city shall have the right to cause such improvements and maintenance to be done and any such expenses by the city shall be assessed to any of the homeowners' associations of the PD-3HR. In the event of the dissolution or inactivity of any homeowners' associations in the PD-3HR, Mapleton City shall have the right to assume title of the open space and parks, and the city shall then charge the individual property owners within the applicable areas for the improvements, maintenance, and administrative fees required for the above mentioned open space and parks. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

Nothing in this chapter shall be construed to preclude Mapleton City from setting additional setback requirements, or requiring inclusion of liability disclaimers associated with physical hazards of a geologic nature. Such additional requirements are to be part of any final plat or development agreement. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

The planned development-3 Harmony Ridge district (PD-3HR) incorporates a residential detached land use element within the overall development with the associated requirements as contained herein. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

Cultural, religious activities, or civic uses.

Detached single-family residential dwelling units.

Educational institutions.

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

Public parks and recreation.

Utility facilities. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

Accessory buildings are subject to the provisions of section 18.26.020 of this title.

Parks and playgrounds and other associated recreational amenities.

Swimming pools and related equipment. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

Accessory apartments that may or may not be located within the primary dwelling unit. Section 18.84.030 of this title shall not be construed to prohibit accessory apartments within the PD-3HR. Section 18.84.410 of this title shall apply to accessory apartments within the PD-3HR district with the following limited exceptions:

   A.   The minimum lot size where the home is located shall not be less than twelve thousand (12,000) square feet.

   B.   A single-family dwelling with an owner occupied accessory apartment shall provide at least one additional parking stall. The designated parking stall for the accessory apartment may not be located within the front yard setback or side yard setback that is adjacent to a street. The designated parking stall may not be located within a garage, unless at least two (2) other parking stalls within a garage are available for the primary dwelling unit.

   C.   Detached buildings (second floor of a garage) may be permitted as accessory apartments in the PD-3HR district and may have external entrances and a maximum height not to exceed the height of the main structure. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

For the purpose of this chapter, the detached residential lots are separated info four (4) different districts, according to the Harmony Ridge conceptual plan, each with unique requirements:

   A.   Bench Estate lot requirements:

      1.   Minimum area: 12,000 square feet.

      2.   Minimum frontage: 70 feet.

      3.   Minimum depth: 100 feet.

   B.   Estate lot requirements:

      1.   Minimum area: 6,000 square feet.

      2.   Minimum frontage: 55 feet.

      3.   Minimum depth: 75 feet.

   C.   Cottage Estate lot requirements:

      1.   Minimum area: 5,500 square feet.

      2.   Minimum frontage: 50 feet.

      3.   Minimum depth: 75 feet.

   D.   Garden Estate lot requirements:

      1.   Minimum area: 3,200 square feet.

      2.   Minimum frontage: 45 feet.

      3.   Minimum depth: 65 feet. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

For the purpose of this chapter, the detached residential lots are separated into four (4) different districts according to the Harmony Ridge conceptual plan, each with unique requirements:

   A.   Bench Estate lot setbacks:

      1.   Garage setback with direct access to a public roadway shall be no less than twenty five feet (25') measured from the property line to the face of the garage door. In no case shall the driveway length be less than twenty five feet (25') measured from the back of sidewalk to the face of the garage door.

      2.   Front and corner side yard setbacks shall be no less than fifteen feet (15') measured from the property line to the porch, exterior wall of the house or side entry garage. Roof eaves and uncovered steps may extend into this setback a maximum of two feet (2').

      3.   Rear yard setbacks shall be no less than fifteen feet (15') measured parallel from the rear lot line to the exterior wall of the garage, porch, or living space. Roof eaves and uncovered steps may extend into this setback a maximum of two feet (2').

      4.   Side yard setbacks shall be no less than eight feet (8') measured parallel from the side lot line to the exterior wall of the garage, porch or living space. Roof eaves and uncovered steps may extend into this setback a maximum of two feet (2').

   B.   Estate lot setbacks:

      1.   Garage setbacks with direct access to a public roadway shall be no less than twenty feet (20') measured from the property line to the face of the garage door. In no case shall the driveway length be less than twenty feet (20') measured from the back of sidewalk to the face of the garage door.

      2.   Front and corner side yard setbacks shall be no less than fifteen feet (15') measured from the property line to the front porch, exterior wall of the house or side entry garage. Roof eaves and uncovered steps may extend into this setback a maximum of two feet (2').

      3.   Rear yard setbacks shall be no less than ten feet (10') measured parallel from the rear lot line to the exterior wall of the garage, porch, or living space. Roof eaves and uncovered steps may extend into this setback a maximum of two feet (2').

      4.   Side yard setbacks shall be no less than five feet (5') measured parallel from the side lot line to the exterior wall of the garage, porch or living space. Roof eaves and uncovered steps may extend into this setback a maximum of two feet (2').

   C.   Cottage Estate lot setbacks:

      1.   Garage setbacks with direct access to a public roadway shall be no less than twenty feet (20') measured from the property line to the face of the garage door. In no case shall the driveway length be less than twenty feet (20') measured from the back of sidewalk to the face of the garage door.

      2.   Front and corner side yard setbacks shall be no less than twelve feet (12') measured from the property line to the front porch, exterior wall of the house or side entry garage. Roof eaves and uncovered steps may extend into this setback a maximum of two feet (2').

      3.   Rear yard setbacks shall be no less than ten feet (10') measured parallel from the rear lot line to the exterior wall of the garage, porch, or living space. Roof eaves and uncovered steps may extend into this setback a maximum of two feet (2').

      4.   Side yard setbacks shall be no less than five feet (5') measured parallel from the side lot line to the exterior wall of the garage, porch or living space. Roof eaves and uncovered steps may extend into this setback a maximum of two feet (2').

   D.   Garden Estate (alley loaded) lot setbacks:

      1.   Front and corner side yard setbacks shall be no less than twelve feet (12') measured from the property line to the porch, exterior wall of the house or side entry garage. Roof eaves and uncovered steps may extend into this setback a maximum of two feet (2').

      2.   Rear yard setbacks shall be no less than twenty feet (20') measured perpendicular from the edge of alley roadway improvements to the face of the garage door. Setbacks for porch or exterior wall of the house or side entry garage shall be no less than five feet (5'). Roof eaves and uncovered steps may extend into this setback a maximum of two feet (2').

      3.   Side yard setbacks shall be no less than five feet (5') measured parallel from the side lot line to the exterior wall of the garage, porch or living space. Roof eaves and uncovered steps may extend into this setback a maximum of two feet (2'). (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

The following standards apply to all structures within the residential detached:

   A.   Except as provided under subsection B of this section, the building height for the main structure may not exceed thirty feet (30') to the midpoint of the structure.

   B.   If the entire main structure is equipped with an automatic fire sprinkler system, a main structure may be a maximum height of forty five feet (45') measured to the highest point of the roof.

   C.   For measurement purposes:

      1.   The height of a structure is measured from the top of the established natural grade of the highest point of the lot;

      2.   If the natural grade is lower than the established elevation of the street directly in front of the proposed structure, the grade elevation is established from the highest point of the curb or if a curb is not present six inches (6") above the existing asphalt of the road;

      3.   The midpoint of the structure is established by measuring from the lowest roof eave to the highest portion of the roofline, then calculating the average of the two (2) points; and

      4.   Decorative elements of the structure, including a clock tower, weather vane, steeple, or uninhabitable penthouse structure for the housing of an elevator shaft, is not counted in the overall height of a structure. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

All landscaping shall conform to the requirements found in chapter 18.90 of this title and the master landscape plan for the development.

Street trees shall be required, where appropriate, between the sidewalk and the curb of every street. Said trees shall be a minimum size of no less than two inch (2") caliper and one tree shall be placed at least every thirty feet (30'). Tree species shall be the same as required in the adopted street tree list for Mapleton City or as otherwise approved by the city. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

The planned development-3 Harmony Ridge district (PD-3HR) incorporates a residential attached land use element within the overall development with the associated requirements as contained herein. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

Attached townhomes, condominiums, apartments or other similar uses.

Cultural, religious activities, or civic uses.

Educational institutions.

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

Public parks and recreation.

Utility facilities. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

Accessory buildings are subject to the provisions of section 18.26.020 of this title.

Parks and playgrounds and other associated recreational amenities.

Swimming pools and related equipment. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

For the purpose of this chapter, attached residential units are separated into two (2) different districts according to the Harmony Ridge conceptual plan, each with unique requirements:

   A.   Rear loaded (alley) townhome unit setbacks:

      1.   Front yard setbacks shall be no less than twelve feet (12') measured from the front property line to the front porch, exterior wall of the house or side entry garage. Roof eaves and uncovered steps may extend into this setback a maximum of two feet (2').

      2.   Rear yard setbacks shall be no less than twenty feet (20') measured perpendicular from the edge of alley roadway improvements to the face of the garage door. Setbacks for porch or exterior wall of the house or side entry garage shall be no less than five feet (5'). Roof eaves and uncovered steps may extend into this setback a maximum of two feet (2').

      3.   Corner unit side setback shall not be less than ten feet (10') measured from the property line to the face of the exterior wall.

      4.   A minimum distance between adjacent buildings shall be ten feet (10') measured from wall to wall. Roof eaves and uncovered steps may extend into this setback a maximum of two feet (2').

   B.   Front loaded townhome unit setbacks:

      1.   Garage setbacks with direct access to a public roadway shall be no less than twenty feet (20') measured from the property line to the face of the garage door. In no case shall the driveway length be less than twenty feet (20') measured from back of sidewalk to the face of the garage door.

      2.   Front yard setbacks shall be no less than twelve feet (12') measured from the front property line to the front porch, exterior wall of the house or side entry garage. Roof eaves and uncovered steps may extend into this setback a maximum of two feet (2').

      3.   Rear yard setbacks shall be no less than ten feet (10') measured parallel from the rear lot line to the exterior wall of the garage, porch, or living space. Roof eaves and uncovered steps may extend into this setback a maximum of two feet (2').

      4.   Corner unit side setback shall not be less than ten feet (10') measured from the property line to the face of the exterior wall.

      5.   A minimum distance between adjacent buildings shall be ten feet (10') measured from wall to wall. Roof eaves and uncovered steps may extend into this setback a maximum of two feet (2').

   C.   Condominium or apartment setbacks:

      1.   Front, side and rear yard setbacks shall be no less than fifteen feet (15') minimum between buildings, parking, other structures and all public roadways. Roof eaves and uncovered steps may extend into this setback a maximum of two feet (2'). (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

The following standards apply to all structures within the residential attached:

   A.   Except as provided under subsection B of this section, the building height for the main structure may not exceed thirty feet (30') to the midpoint of the structure.

   B.   If the entire main structure is equipped with an automatic fire sprinkler system, a main structure may be a maximum height of forty five feet (45') measured to the highest point of the roof.

   C.   For measurement purposes:

      1.   The height of a structure is measured from the top of the established natural grade of the highest point of the lot;

      2.   If the natural grade is lower than the established elevation of the street directly in front of the proposed structure, the grade elevation is established from the highest point of the curb or if a curb is not present six inches (6") above the existing asphalt of the road;

      3.   The midpoint of the structure is established by measuring from the lowest roof eave to the highest portion of the roofline, then calculating the average of the two (2) points; and

      4.   Decorative elements of the structure, including a clock tower, weather vane, steeple, or uninhabitable penthouse structure for the housing of an elevator shaft, is not counted in the overall height of a structure. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

All landscaping shall conform to the requirements found in chapter 18.90 of this title and the master landscape plan for the PD-3HR.

Street trees shall be required, where appropriate, between the sidewalk and the curb of every street. Said trees shall be a minimum size of no less than two inch (2") caliper and one tree shall be placed at least every twenty feet (20') and no closer than is recommended by a landscape architect for each specific species of street tree. Tree species shall be the same as required in the adopted street tree list for Mapleton City or as otherwise approved by the city.

All parking lots designed for six (6) or more parking spaces shall provide landscaping in accordance with the provisions of this section. Parking lots less than six (6) parking spaces shall not be required to provide landscaping other than yard area landscaping and landscaped buffer requirements as specified in other sections of this chapter.

A total of twenty five percent (25%) of the paved surface area of the parking area will be shaded at tree maturity when the sun is directly overhead.

Landscaped areas shall be improved in conformance with the following requirements:

   A.   Interior parking lot landscaping shall be improved in conformance with the following:

      1.   Interior parking lot landscaping areas shall be dispersed throughout the parking lot. Landscaped islands shall be required at the end of the parking rows, and at the midpoint of parking rows which exceed ten (10) parking stalls, or every ten (10) stalls if parking rows exceed twenty (20) stalls.

      2.   Interior parking lot landscaping areas shall be a minimum of one hundred twenty (120) square feet in area and shall be a minimum of five feet (5') in width, as measured from back of curb to back of curb.

   B.   The plants used to improve the landscape areas defined above shall conform to the following:

      1.   Primary plant materials used in the interior parking lots shall be deciduous shade tree species in conformance with applicable provisions of section 18.90.070 of this title. Ornamental trees, shrubbery, hedges, and other plants may be used to supplement the shade tree plantings in perimeter planting areas, but shall not be the only plants used in such landscaping.

      2.   One shade tree shall be provided for every one hundred twenty (120) square feet of landscaping area.

      3.   A minimum of fifty percent (50%) of every interior parking lot landscaping area shall be planted with ground cover at a density that will achieve complete cover within two (2) years.

   C.   Six inch by six inch (6" x 6") minimum poured concrete curb controls shall be constructed around all required landscaping within the interior of parking lots for the protection of the landscaping. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

The planned development-3 Harmony Ridge district (PD-3HR) incorporates a commercial/retail/mixed use land use element within the overall development with the associated requirements as contained herein. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

The intent of the commercial/retail/mixed use zone within the PD-3HR district is to provide a zone primarily for the accommodation of commercial, retail and mixed uses to serve the residential areas. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

The following principal uses are permitted in the commercial/retail/mixed use zone within the PD-3HR district. Any use of land contrary to those uses specifically allowed herein, shall be considered "prohibited" in the commercial/retail/mixed use zone.

Antiques (indoor display only) sales.

Apparel and accessories - retail sales.

Art studio, sales and galleries.

Athletic clubs, bodybuilding studios, spas, aerobic centers.

Auto washing, detailing, and polishing.

Bakery.

Banks and credit unions (excluding check cashing, "payday" loans and title loan services).

Beauty supplies.

Books, stationery, art, and hobby supplies sales.

Bookstore.

Camera and photograph supply stores.

Clothing and apparel - retail sales (excludes manufacturing).

Commercial printing (only related to retail sales of printed products).

Computer goods and services.

Dancing schools, martial arts studio.

Delicatessen and sandwiches.

Doctors' offices and dental offices.

Drug and proprietary stores.

Drugstores.

Educational services.

Employment services.

Fitness centers.

Florists.

Frames and art supplies.

Furniture, home furnishings, and equipment retail sales.

Garden supplies.

Government and quasi-governmental offices.

Grocery stores and convenience food stores.

Hair salon and cosmetics (including barbershop).

Hardware sales including plumbing and garden supplies.

Health food stores.

Hobbies and games.

Hotels and motels.

Ice cream parlor.

Insurance sales office.

Jewelry sales and repair.

Paint, glass, and wallpaper retail sales.

Personal services - includes laundry, dry cleaning, photography, beauty and barber services, clothing repair, shoe repair, etc.

Picture frames, mirrors, etc.

Professional offices (general).

Professional offices (miscellaneous uses, including tax preparation, CPA and legal services, insurance sales, and similar professional uses).

Real estate office.

Residential uses when located above the first floor.

Restaurants.

Restaurants (drive-through).

Shoe store and shoe repair.

Small appliance center.

Specialty shops.

Sporting goods.

Sporting goods, bicycles, and toys sales.

Sundries (newspapers, candy, soda and gifts).

Travel agencies.

Video rental (excludes "sexually oriented businesses" as defined in section 5.06.040 of this code).

Video rental shops (excludes adult video).

Watch, clock, jewelry repair, etc.

Wedding reception center. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

Mixed use structures are subject to provisions of this section:

   A.   A mixed use commercial and single-family residential structure shall be permitted subject to the following required conditions:

      1.   Single-family residential dwelling units shall be located directly above the commercial use on the second or third story of the building. No basement units shall be permitted. No residential units shall be permitted above or below another residential dwelling unit.

      2.   All residential dwelling units must meet all applicable requirements of the international residential building code as adopted by Mapleton City. Each dwelling unit will be of sufficient size to provide for a salubrious environment for the enjoyment of the residents who will occupy it. Each dwelling unit shall have a kitchen suitable for cooking and preparing meals, a bathroom with shower and bathing facilities, a living room and a bedroom. Studio apartments are permitted so long as they provide space for the amenities as described in this subsection.

      3.   In addition to the required parking for the commercial use, there shall be no less than two (2) parking spaces per residential dwelling unit provided. Shared parking, which may reduce the overall parking requirement, may be utilized based on a parking study performed and certified by a qualified and licensed traffic engineer and as approved by the city. The traffic study shall take into account proposed and future allowable uses, residential densities, hours of operation, accessibility and circulation requirements.

      4.   The maximum density is outlined under section 18.78C.010 of this chapter. The site and parking requirements will be the limiting factor to the overall number of residential dwelling units. However, the planning commission, based on concern for health, safety and welfare, may limit the total number of proposed residential dwelling units.

   B.   Design standards for mixed use structures:

      1.   The structure shall not have the appearance of an apartment building, meaning that residential entrances and entryways shall not be visible on the front facade of the building.

      2.   The combined height of commercial and residential structures shall not exceed the height requirement established in this chapter.

      3.   Mixed use structures shall appear as if they were a well designed commercial/retail structure. Building signage shall be limited to only the entrance or entrances of the commercial portion(s) of the building.

      4.   Flat or parapet roofs shall be prohibited. Furthermore, any mechanical equipment on the roof shall be appropriately screened by the same exterior building materials used on the facade of the structure and shall be used for the screening of the mechanical equipment.

      5.   Section 17.12.090 of this code shall not apply to buildings or structures within this land use area. Amended requirements are as follows:

         a.   Building materials shall be approved by the Mapleton City planning commission.

         b.   Colors shall reflect the natural surroundings in Mapleton City. Bright colors shall not be permitted.

         c.   Carports shall be allowed, but shall not be permitted in front of the building. Other appropriate locations shall be approved by the Mapleton City planning commission. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

   A.   Setbacks: The following setback specifications are required:

      1.   A minimum ten foot (10') landscaped front yard setback is required.

      2.   A ten foot (10') landscaped side or rear setback is required for all lot lines along the exterior boundary of Harmony Ridge or between different land use classifications. A five foot (5') landscaped rear and side yard setback is required for all other side and rear lot lines.

   B.   Buildings: The following standards apply to all structures within the commercial/retail/mixed use:

      1.   Except as provided under subsection B2 of this section, the building height for the main structure may not exceed thirty feet (30') to the midpoint of the structure.

      2.   If the entire main structure is equipped with an automatic fire sprinkler system, a main structure may be a maximum height of forty five feet (45') measured to the highest point of the roof.

      3.   For measurement purposes:

         a.   The height of a structure is measured from the top of the established natural grade of the highest point of the lot;

         b.   If the natural grade is lower than the established elevation of the street directly in front of the proposed structure, the grade elevation is established from the highest point of the curb or if a curb is not present six inches (6") above the existing asphalt of the road;

         c.   The midpoint of the structure is established by measuring from the lowest roof eave to the highest portion of the roofline, then calculating the average of the two (2) points; and

         d.   Decorative elements of the structure, including a clock tower, weather vane, steeple, or uninhabitable penthouse structure for the housing of an elevator shaft, is not counted in the overall height of a structure.

   C.   Screening And Landscaping Requirements:

      1.   All required setback areas shall be landscaped and shall conform to chapter 18.90 of this title. Furthermore, the landscaping will contain fifteen (15) trees per acre, or a fraction thereof, and be of at least two inch (2") caliper, measured three feet (3') from the ground. All evergreen trees shall be at least six feet (6') in height.

      2.   All fencing and screening treatments shall be designed as an integral part of the overall site architecture and landscaping and approved by the Mapleton City planning commission. Allowable fencing and screening material includes wrought iron, masonry, or materials matching those of the main building. Black vinyl coated fencing may be used for areas not requiring screening and as specifically approved by the Mapleton City planning commission.

      3.   Waste receptacles, storage tanks, or other similar items are not permitted in the front setback, and shall be screened from public view with allowable fencing and materials as approved by the Mapleton City planning commission.

   D.   Parking: Parking will be required to be in compliance with section 18.84.270 of this title. No vehicle parking will be allowed in any required setback area. Shared parking, which may reduce the overall parking requirement, may be utilized based on a parking study performed and certified by a qualified and licensed traffic engineer and as approved by the city. The traffic study shall take into account proposed and future allowable uses, residential densities, hours of operation, accessibility and circulation requirements.

   E.   Driveway Access: No private accesses will be allowed onto Highway 89 or U.S. 6.

   F.   Frontage: No minimum frontage on a public street is required as long as adequate and permanent access, parking and circulation is provided from a public street. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

Project plan approval will be required to be in compliance with section 18.64.060, "Project Plan Approvals", of this title. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

Section 17.12.090 of this code shall not apply to buildings or structures within this land use area. Amended requirements are as follows:

   A.   Building materials shall be approved by the Mapleton City planning commission.

   B.   Colors shall reflect the natural surroundings in Mapleton City. Bright colors shall not be permitted.

   C.   Carports shall be allowed, but shall not be permitted in front of the building. Other appropriate locations shall be approved by the Mapleton City planning commission. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

The outside storage of any equipment, vehicles or product, is strictly prohibited. Any vacant land or parcel of property within the commercial/retail/mixed use zone of the PD-3HR district shall also be prohibited from storage of vehicles, commercial vehicles, building materials, weeds, junk and other debris. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

The planned development-3 Harmony Ridge district (PD-3HR) incorporates a flex space land use element within the overall development with the associated requirements as contained herein. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

The intent of the flex space zone within the PD-3HR district is to provide a zone that transitions from the heavier land uses associated with the commercial/light industrial to the residential uses. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

The following principal uses are permitted in the flex space zone within the PD-3HR district. Any use of land contrary to those uses specifically allowed herein, shall be considered "prohibited" in the flex space zone.

Antiques (indoor display only) sales.

Apparel and accessories - retail sales.

Art studio, sales and galleries.

Athletic clubs, bodybuilding studios, spas, aerobic centers.

Auto washing, detailing, and polishing.

Bakery.

Banks and credit unions (excluding check cashing, "payday" loans and title loan services).

Beauty supplies.

Books, stationery, art, and hobby supplies sales.

Bookstore.

Camera and photograph supply stores.

Clothing and apparel - retail sales (excludes manufacturing).

Commercial printing (only related to retail sales of printed products).

Computer goods and services.

Dancing schools, martial arts studio.

Delicatessen and sandwiches.

Doctors' offices and dental offices.

Drug and proprietary stores.

Drugstores.

Educational services.

Employment services.

Fitness centers.

Florists.

Frames and art supplies.

Furniture, home furnishings, and equipment retail sales.

Garden supplies.

Government and quasi-governmental offices.

Grocery stores and convenience food stores.

Hair salon and cosmetics (including barbershop).

Hardware sales including plumbing and garden supplies.

Health food stores.

Hobbies and games.

Hotels and motels.

Ice cream parlor.

Insurance sales office.

Jewelry sales and repair.

Paint, glass, and wallpaper retail sales.

Personal services - includes laundry, dry cleaning, photography, beauty and barber services, clothing repair, shoe repair, etc.

Picture frames, mirrors, etc.

Professional offices (general).

Professional offices (miscellaneous uses, including tax preparation, CPA and legal services, insurance sales, and similar professional uses).

Real estate office.

Residential uses when located above the first floor.

Restaurants.

Restaurants (drive-through).

Shoe store and shoe repair.

Small appliance center.

Specialty shops.

Sporting goods.

Sporting goods, bicycles, and toys sales.

Sundries (newspapers, candy, soda and gifts).

Travel agencies.

Video rental (excludes "sexually oriented businesses" as defined in section 5.06.040 of this code).

Video rental shops (excludes adult video).

Watch, clock, jewelry repair, etc.

Wedding reception center. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

Mixed use structures are subject to provisions of this section:

   A.   A mixed use commercial and single-family residential structure shall be permitted subject to the following required conditions:

      1.   Single-family residential dwelling units shall be located directly above the commercial use on the second or third story of the building. No basement units shall be permitted. No residential units shall be permitted above or below another residential dwelling unit.

      2.   All residential dwelling units must meet all applicable requirements of the international residential building code as adopted by Mapleton City. Each dwelling unit will be of sufficient size to provide for a salubrious environment for the enjoyment of the residents who will occupy it. Each dwelling unit shall have a kitchen suitable for cooking and preparing meals, a bathroom with shower and bathing facilities, a living room and a bedroom. Studio apartments are permitted so long as they provide space for the amenities as described in this subsection.

      3.   In addition to the required parking for the commercial use, there shall be no less than two (2) parking spaces per residential dwelling unit provided. Shared parking, which may reduce the overall parking requirement, may be utilized based on a parking study performed and certified by a qualified and licensed traffic engineer and as approved by the city. The traffic study shall take into account proposed and future allowable uses, residential densities, hours of operation, accessibility and circulation requirements.

      4.   The maximum density is outlined under section 18.78C.010 of this chapter. The site and parking requirements will be the limiting factor to the overall number of residential dwelling units. However, the planning commission, based on concern for health, safety and welfare, may limit the total number of proposed residential dwelling units.

   B.   Design standards for mixed use structures:

      1.   The structure shall not have the appearance of an apartment building, meaning that residential entrances and entryways shall not be visible on the front facade of the building.

      2.   The combined height of commercial and residential structure shall not exceed the height requirement established in this chapter.

      3.   Mixed use structures shall appear as if they were a well designed commercial/retail structure. Building signage shall be limited to only the entrance or entrances of the commercial portion(s) of the building.

      4.   Flat or parapet roofs shall be prohibited. Furthermore, any mechanical equipment on the roof shall be appropriately screened by the same exterior building materials used on the facade of the structure and shall be used for the screening of the mechanical equipment.

      5.   Section 17.12.090 of this code shall not apply to buildings or structures within this land use area. Amended requirements are as follows:

         a.   Building materials shall be approved by the Mapleton City planning commission.

         b.   Colors shall reflect the natural surroundings in Mapleton City. Bright colors shall not be permitted.

         c.   Carports shall be allowed, but shall not be permitted in front of the building. Other appropriate locations shall be approved by the Mapleton City planning commission. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

   A.   Setbacks: The following setback specifications are required:

      1.   A minimum ten foot (10') landscaped front yard setback is required.

      2.   A ten foot (10') landscaped side or rear setback is required for all lot lines along the exterior boundary of Harmony Ridge or between different land use classifications.

   B.   Buildings: The following standards apply to all structures within the flex space:

      1.   Except as provided under subsection B2 of this section, the building height for the main structure may not exceed thirty feet (30') to the midpoint of the structure.

      2.   If the entire main structure is equipped with an automatic fire sprinkler system, a main structure may be a maximum height of forty five feet (45') measured to the highest point of the roof.

      3.   For measurement purposes:

         a.   The height of a structure is measured from the top of the established natural grade of the highest point of the lot;

         b.   If the natural grade is lower than the established elevation of the street directly in front of the proposed structure, the grade elevation is established from the highest point of the curb or if a curb is not present six inches (6") above the existing asphalt of the road;

         c.   The midpoint of the structure is established by measuring from the lowest roof eave to the highest portion of the roofline, then calculating the average of the two (2) points; and

         d.   Decorative elements of the structure, including a clock tower, weather vane, steeple, or uninhabitable penthouse structure for the housing of an elevator shaft, is not counted in the overall height of a structure.

   C.   Screening And Landscaping Requirements:

      1.   All required setback areas shall be landscaped, and shall conform to chapter 18.90 of this title. Furthermore, the landscaping will contain fifteen (15) trees per acre, or a fraction thereof, and be of at least two inch (2") caliper, measured three feet (3') from the ground. All evergreen trees shall be at least six feet (6') in height.

      2.   Fencing and screening treatments shall be designed as an integral part of the overall site architecture and landscaping and approved by the Mapleton City planning commission. Allowable fencing and screening material includes wrought iron, masonry, or materials matching those of the main building. Black vinyl coated fencing may be used for areas not requiring screening and as approved by the Mapleton City planning commission.

      3.   Waste receptacles, storage tanks, or other similar items are not permitted in the front setback, and shall be screened from public view with allowable fencing and materials as approved by the Mapleton City planning commission.

   D.   Parking: Parking will be required to be in compliance with section 18.84.270 of this title. No vehicle parking will be allowed in any required setback area. Shared parking, which may reduce the overall parking requirement, may be utilized based on a parking study performed and certified by a qualified and licensed traffic engineer and as approved by the city. The traffic study shall take into account proposed and future allowable uses, residential densities, hours of operation, accessibility and circulation requirements.

   E.   Driveway Access: No private accesses will be allowed onto U.S. 6.

   F.   Frontage: No minimum frontage on a public street is required as long as adequate and permanent access, parking and circulation is provided from a public street. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

Project plan approval will be required to be in compliance with section 18.64.060, "Project Plan Approvals", of this title. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

Section 17.12.090 of this code shall not apply to buildings or structures within this land use area. Amended requirements are as follows:

   A.   Building materials shall be approved by the Mapleton City planning commission.

   B.   Colors shall reflect the natural surroundings in Mapleton City. Bright colors shall not be permitted.

   C.   Carports shall be allowed, but shall not be permitted in front of the building. Other appropriate locations shall be approved by the Mapleton City planning commission.

As the flex space zone is intended to be a transitional area from commercial/retail uses to residential neighborhoods, exterior materials are to match the established commercial design standards of Harmony Ridge. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

The outside storage of any equipment, vehicles or product, is strictly prohibited unless specifically approved by the Mapleton City planning commission. Such approval will also include conditions for appropriate screening methods and materials. Any vacant land or parcel of property within the flex space zone of the PD-3HR district shall also be prohibited from storage of vehicles, commercial vehicles, building materials, weeds, junk and other debris. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

The planned development-3 Harmony Ridge district (PD-3HR) incorporates a commercial/light industrial land use element within the overall development with the associated requirements as contained herein. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

The intent of the commercial/light industrial zone within the PD-3HR district is to provide employment related uses including light manufacturing, assembling, warehousing, and wholesale activities. Associated office and support commercial uses are allowed. Uses that emit significant amount of air, water or noise pollution will not be allowed. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

The following principal uses are permitted in the commercial/light industrial zone within the PD-3HR district. Any use of land contrary to those uses specifically allowed herein, shall be considered "prohibited" in the commercial/light industrial zone.

Accounting, auditing, bookkeeping services.

Advertising services.

Aircraft and accessories sales, service, and manufacturing.

Apparel and other finished products made from fabrics, leathers, etc.

Art studios, including the sculptures, ironwork, pottery, etc.

Audio visual production.

Automotive repair, including brakes, mufflers, tire repair and replacement, body shops, etc.

Bakery products.

Bottling and canning soft drinks and carbonated waters.

Building materials, hardware, farm equipment, and supplies sales.

Commercial testing laboratories and services.

Confectionery and related products.

Consumer and mercantile credit reporting services; adjustment and collection services.

Converted paper and paperboard products manufacturing.

Cut stone and stone products production.

Cutlery, hand tools, and general hardware manufacturing.

Data processing services.

Drugs (manufacturing).

Duplicating, mailing and stenographic services.

Educational services.

Electrical appliance repair.

Engineering and planning services.

Farm and construction vehicles sales and manufacturing.

Finance, insurance, and real estate services.

Flat glass product manufacturing.

Gas and electric utility company office.

Glass and glassware production (pressed or blown).

Governmental and postal services.

Gymnasiums, athletic clubs, bodybuilding studios.

Hotels and motels.

Insurance carriers, agents, brokers, and services.

Legal services.

Light manufacturing of furniture and fixtures.

Mail order houses.

Microfilming services.

Miscellaneous machinery sales, service, repair, and manufacturing.

Office machine sales, repair, and manufacturing (small).

Parks.

Perfumes, cosmetics, and other toiletries preparations.

Physician's medical and dental offices and laboratory services in single offices or medical centers.

Pottery and related products production.

Printing, publishing, and allied industries.

Professional, scientific and controlling instruments; photographic and optical goods; watches and clocks.

Recreation and community centers.

Research services.

Security and commodity brokers, dealers, exchange, and services.

Sewage pumping stations.

Textile mill products.

Warehousing with office spaces. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

   A.   Setbacks: The following setback specifications are required:

      1.   A minimum ten foot (10') landscaped front yard setback is required.

      2.   A ten foot (10') landscaped side or rear setback is required for all lot lines along the exterior boundary of Harmony Ridge or between different land use classifications.

   B.   Buildings: The following standards apply to all structures within the commercial/light industrial:

      1.   Except as provided under subsection B2 of this section, the building height for the main structure may not exceed thirty feet (30') to the midpoint of the structure.

      2.   If the entire main structure is equipped with an automatic fire sprinkler system, a main structure may be a maximum height of forty five feet (45') measured to the highest point of the roof.

      3.   For measurement purposes:

         a.   The height of a structure is measured from the top of the established natural grade of the highest point of the lot;

         b.   If the natural grade is lower than the established elevation of the street directly in front of the proposed structure, the grade elevation is established from the highest point of the curb or if a curb is not present six inches (6") above the existing asphalt of the road;

         c.   The midpoint of the structure is established by measuring from the lowest roof eave to the highest portion of the roofline, then calculating the average of the two (2) points; and

         d.   Decorative elements of the structure, including a clock tower, weather vane, steeple, or uninhabitable penthouse structure for the housing of an elevator shaft, is not counted in the overall height of a structure.

   C.   Screening And Landscaping Requirements:

      1.   All required setback areas shall be landscaped and shall conform to chapter 18.90 of this title. Furthermore, the landscaping will contain fifteen (15) trees per acre, or a fraction thereof, and be of at least two inch (2") caliper, measured three feet (3') from the ground. All evergreen trees shall be at least six feet (6') in height.

      2.   All fencing and screening treatments shall be designed as an integral part of the overall site architecture and landscaping and approved by the Mapleton City planning commission. Allowable fencing and screening material includes wrought iron, masonry, or materials matching those of the main building. Black vinyl coated fencing may be used for areas not requiring screening and as specifically approved by the Mapleton City planning commission.

      3.   Waste receptacles, storage tanks, or other similar items are not permitted in the front setback, and shall be screened from public view with allowable fencing and materials as approved by the Mapleton City planning commission.

   D.   Parking: Parking will be required to be in compliance with section 18.84.270 of this title. No vehicle parking will be allowed in any required setback area. Shared parking, which may reduce the overall parking requirement, may be utilized based on a parking study performed and certified by a qualified and licensed traffic engineer and as approved by the city. The traffic study shall take into account proposed and future allowable uses, residential densities, hours of operation, accessibility and circulation requirements.

   E.   Driveway Access: No private accesses will be allowed onto Highway 89 or U.S. 6.

   F.   Frontage: No minimum frontage on a public street is required as long as adequate and permanent access, parking and circulation is provided from a public street.

   G.   Exemptions: Hard surfaced areas used as operational yard areas for trucks, trailers and other incidental vehicles, other than passenger automobiles and light trucks, and which are not parking lots for employees, clients and customers, shall be exempt from parking lot interior landscaping requirements. Setback landscaping requirements shall apply.

   H.   Approval: Where the proposed land use is one which requires the approval of other local, state, federal or other regulatory agencies, evidence of such approval or compliance shall be submitted as part of the application process and documentation. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

Project plan approval will be required to be in compliance with section 18.64.060, "Project Plan Approvals", of this title. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)

The outside storage of any equipment, vehicles or product is not permitted unless adequately screened from public view and adjacent parcels by an approved fencing materials and landscaping and as approved by the Mapleton City planning commission. The outside manufacturing of products is not permitted unless adequately screened from public view and adjacent parcels by an approved fencing materials and landscaping and as approved by the Mapleton City planning commission. (Ord. 2011-07, 4-19-2011, eff. 6-5-2011)