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Mapleton City Zoning Code

CHAPTER 18

82 PRC PLANNED RESIDENTIAL COMMUNITY ZONE

18.82.010: PURPOSE AND INTENT:

The purpose of the planned residential community zone is to encourage imaginative and efficient utilization of land, develop a sense of community, and to ensure compatibility with the surrounding neighborhoods and 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. These provisions are intended to create more attractive and desirable environments within the residential areas of Mapleton City.
A "planned residential community (PRC)" is a residential development planned as a whole single development. It incorporates a definite development theme which could include the elements of usable open spaces, diversity of lot design, amenities, a well planned circulation system, and attractive entrances as part of the design.
The PRC shall only be used in the areas of the city that have a current zone designation of A-2, RA-1 and RA-2. No other zone designation shall be permitted to rezone to the PRC zone, unless the general plan designation of the property is either very low or low density residential. (Ord. 2004-25, 8-11-2004, eff. 9-9-2004)

18.82.020: PLANNED RESIDENTIAL COMMUNITY ZONE MAPS:

A planned residential community zone shall include the following plan maps:
   A.   A boundary map shall be prepared for every planned residential community zone. The boundary map, based on parcel boundaries or other surveyed boundaries, shall be used to delineate areas of the zoning district that lie within the city's boundaries on the official zone map. The zone map shall identify such areas as "PRC" and shall include the name of the planned residential community. Each zone shall also have a corresponding number, such as PRC-1 and so on.
   B.   A conceptual development plan based on an adopted or proposed planned residential community shall accompany each application for rezoning to a PRC zone. (Ord. 2004-25, 8-11-2004, eff. 9-9-2004)

18.82.030: PLANNED RESIDENTIAL COMMUNITY ZONE TEXT:

Each planned residential community zone ordinance shall include the following provisions and standards:
   A.   Name And Purpose: The name and purpose of the zone. This section shall describe the zone in sufficient detail as to clarify the purpose and intent of the PRC zone regulations.
   B.   Review And Approval Process: A review and approval process consisting of three (3) elements as follows:
      1.   Approval of a planned residential community, including maps, text, and conceptual development plan for the site in question;
      2.   Approval of a PRC zone text and map amendment to implement the plan and the rezone of the property;
      3.   Approval of a detailed development plan, subdivision, performance development, or condominium plat, if applicable.
   C.   Text And Map Amendments: Applications for the PRC zone text and map amendments shall be processed following the procedures set forth in section 18.12.010 of this title.
   D.   Application Process: An application for project development plan and subdivision shall be processed following the procedures set forth in aforementioned sections of this code.
   E.   Permitted Land Uses: This section shall identify permitted, conditional, and accessory land uses.
   F.   Land Use Standards: This section shall specify any required land use conditions (i.e., land use mix, density, open space, buffering, etc.), and the review procedure required to review and approve each land use (design review, project plan review, conditional use, etc.). The criteria set forth in this code shall be used in creating land use standards.
   G.   Lot Standards: This section shall specify requirements for new lots such as lot area, dimensions, and density, as applicable.
   H.   Building Setbacks: This section shall provide setback standards for front, side and rear yards, as applicable.
   I.   Design Standards: The design standards set forth in section 17.12.090 of this code shall apply to all planned residential community zones. In addition, each such zone shall include design standards to address building heights, building orientation, common and private open space, natural resource protection, architectural design, and any other provisions unique to the district.
   J.   Building Height: This section shall establish building height standards as per section 18.82.080 of this chapter.
   K.   Density: An element of the PRC zone text shall indicate the total density of the project. It should also indicate that no new subdivision lots shall be permitted beyond that which was originally approved, for the purpose of increasing the density. (Ord. 2004-25, 8-11-2004, eff. 9-9-2004)

18.82.040: EXCEPTIONS TO DEVELOPMENT AND DESIGN STANDARDS AFTER ADOPTION OF PLAN AND ZONE:

When a planned residential community is adopted and the subject property has been placed in a PRC zone, the development plan and development standards associated with the zone shall be strictly construed. No variations shall be made from the development plan and standards adopted in the zone unless expressly approved by the city council with recommendation from the planning commission for the purpose of achieving better design. In taking such action the planning commission and city council shall:
   A.   Make a finding that the amendment will result in better design; and
   B.   Be bound by the standards set forth in the text of the applicable PRC zone which governs the development plan. (Ord. 2004-25, 8-11-2004, eff. 9-9-2004)

18.82.050: PERMITTED USES:

The applicant or developer of each PRC zone may create a zone text for the development that is more restrictive than this code. The governing text of each development that is more restrictive shall apply. The following are the generally permitted uses in the PRC zone:
Accessory buildings, in conjunction with and incidental to the main use of the property, such as a shed or detached garage or agricultural building subject to the standards of section 18.26.020 of this title.
Animal rights. Subject to the original zone designation of the property, or the zone designation allowed in the general plan designation of the land:
   A.   The applicant or developer of the project within a PRC, at their discretion, may or may not allow animal rights within the project, unless the proposed project is within the RA-2 zone designation, where there shall be no animal rights within the development. This will be reflected in the zone text for each PRC zone. Animal rights in each PRC zone may be more restrictive than this code, but in no case shall they be less restrictive.
   B.   In no case shall animal rights be allowed on a lot or parcel of less than one acre in size, and in no case shall animal rights be allowed on a lot that is adjacent to a parcel without animal rights.
   C.   When possible, common areas for the purpose of housing animals should be considered. These would include horse stables and riding facilities and would be held in common by the homeowners within the PRC development.
Clubhouse, swimming pool and other recreational amenities for the development.
Detached single-family residential dwelling unit.
Private and public parks.
Swimming pools and related equipment.
Utility facilities. (Ord. 2004-25, 8-11-2004, eff. 9-9-2004; amd. Ord. 2014-02, 1-7-2014, eff. 2-2-2014)

18.82.060: CONDITIONAL USES:

Home occupations (subject to section 18.84.380 of this title).
Owner occupied accessory apartments; allowed for homes on lots with fourteen thousand five hundred (14,500) square feet or greater, and subject to approvals as outlined in section 18.84.410 of this title.
Places of worship.
Private secondary irrigation system for the project (subject to secondary irrigation ordinance and requirements).
Public educational institutions. (Ord. 2004-25, 8-11-2004, eff. 9-9-2004)

18.82.070: DENSITY AND THE USE OF TRANSFERABLE DEVELOPMENT RIGHTS (TDRs):

   A.   The density of the proposed development shall be the same density as allowed in the General Plan designation. Residential densities shall be determined pursuant to title 17, chapter 17.02 of this Code. A concept plan that meets all of the requirements set forth in the zone for a subdivision shall be presented to the planning staff to determine the density of the proposed development. All lot and road standards shall apply.
   B.   A density bonus shall only be permitted exclusively with the use of TDRs. TDRs may be used to increase the overall density. The maximum density shall be no more than double of the established density in the original General Plan designation. (Ord. 2006-36, 11-21-2006)

18.82.080: BUILDING HEIGHT:

No lot or parcel of land in the PRC Zone shall have a building or structure used for dwelling or public assembly which exceeds a height of two (2) stories with a maximum of forty feet (40') as defined in section 18.08.010 of this title unless otherwise stated in a development agreement. (Ord. 2013-05, 6-18-2013, eff. 7-12-2013)

18.82.090: PROJECT ACREAGE REQUIREMENT:

   The minimum size requirement for any project applying for the PRC Zone shall be no less than fifteen (15) acres. Parcels with less than fifteen (15) acres may be combined with other adjacent parcels to meet the minimum acreage requirements.
(Ord. 2004-25, 8-11-2004, eff. 9-9-2004; amd. Ord. 2024-08, 10-2-2024)

18.82.100: LOT REQUIREMENTS FOR DWELLING UNITS:

There shall be no lot size requirements in the PRC Zone, except that lots shall be of a sufficient size to accommodate the anticipated home sizes within the development, and to meet the required setbacks. (Ord. 2004-25, 8-11-2004, eff. 9-9-2004)

18.82.110: SETBACK REQUIREMENTS:

Each PRC Zone text shall outline the setback requirements for the development, however, the PRC text shall not be less restrictive than the following setback standards for the PRC Zone:
   A.   Subdivision Lots:
      1.   Front yard setback shall be no less than thirty feet (30') measured from the edge of the street right of way to the foundation of the home.
      2.   Corner lot side yards shall be measured the same as the front yard.
      3.   Rear yard setback shall be no less than twenty five feet (25') measured from the rear property line to the foundation of the home.
      4.   Side yard setbacks shall be no less than ten feet (10') measured from the property line to the foundation of the home.
   B.   Pad Sites: Pad sites surrounded by open space areas provided for the purpose of a dwelling unit shall have the following setback requirements:
      1.   Front yard setback shall be no less than thirty feet (30') measured from the edge of the street right of way to the foundation of the home.
      2.   Corner lots shall have a setback of twenty feet (20') measured from the edge of the street right of way to the foundation of the home.
      3.   Side yard to property line: Ten feet (10').
      4.   Rear yard to property line or zone boundary: Twenty five feet (25') measured from the edge of the foundation to the property line or zone boundary line.
      5.   There shall be a minimum setback between dwellings of twenty feet (20') in the rear yard and fifteen feet (15') for the side yard. In no case shall any dwelling unit be closer than fifteen feet (15') to another dwelling. (Ord. 2004-25, 8-11-2004, eff. 9-9-2004)

18.82.120: PARKING REQUIREMENTS:

All dwelling units, whether or not on a lot or pad site, shall have an attached or detached two (2) car garage that is fully enclosed. All dwelling units shall have a paved hard surface driveway no less than twenty feet (20') in length and sixteen feet (16') in width, from a public street to the required garage. (Ord. 2004-25, 8-11-2004, eff. 9-9-2004)

18.82.125: GATED COMMUNITIES AND PRIVATE STREETS:

Gated communities and private streets are not permitted. (Ord. 2004-25, 8-11-2004, eff. 9-9-2004)

18.82.130: OPEN SPACE, STREET TREES AND LANDSCAPING REQUIREMENTS:

All landscaping shall conform to the requirements found in chapter 18.90 of this title. Any private open space areas shall be maintained by a homeowners' association and fees shall be collected from all related parties, property owners, or residents therein, to assure the maintenance of the open space areas. Open space areas may include the land around the residential areas.
   A.   Street Trees Required For Subdivision Lots: Street trees shall be required in the park strip area between a sidewalk and the curb and gutter of every street. Said trees shall be of a minimum size of no less than one inch (1") caliper, and one tree shall be placed every twenty (20) to thirty feet (30') depending on the canopy spread of the tree. Tree species shall be same as required in the adopted Mapleton City tree list as per chapter 18.56 of this code.
   B.   Landscaping Requirements: For both pad sites and lots, seventy five percent (75%) of front yard must be lawn or other appropriate landscaping. That area not kept in landscaping must be hard surfaced areas, such as driveways, pathways, or other recognized landscape materials as mentioned in chapter 18.90 of this title.
      1.   Additional Requirements For Pad Sites: Automatic surface sprinkling system for front yard shall be required. This will include lawn area, planting strip in front of the house and between sidewalk and curb. Each station shall provide sufficient water to meet needs of plants being watered. (Ord. 2004-25, 8-11-2004, eff. 9-9-2004)

18.82.140: GUARANTEES AND COVENANTS:

Adequate guarantees shall be provided for permanent retention and maintenance of all open space areas created within a PRC. No plats will be recorded and no bonds will be released until all required guarantees have been submitted to and approved by the planning commission and city council. Said open space guarantees may include the following:
   A.   The city may require the developer to furnish and record protective covenants which will guarantee the retention of the open land area, or the city may require the creation of a corporation granting beneficial rights to the open space to all owners or occupants of land within the development.
   B.   The developer shall be required to develop and provide for the maintenance of all open space, unless part of or all of it is contiguous to and is made part of an existing park, and the city accepts dedication and approves the annexation of the property to said park.
   C.   In the case of private reservation, the open space to be reserved shall be protected against building development by conveying to the city as part of the condition of project approval, an open space easement over such open areas, restricting the area against any future building or use.
   D.   The care and maintenance of the area within such open space reservation shall be ensured by the developer by establishing a private association or corporation responsible for such maintenance which shall levy the cost thereof as an assessment on the property owners within the performance development. Ownership and tax liability of private open space reservations shall be established in a manner acceptable to the city and made a part of the conditions of the final plan approval.
   E.   Maintenance of open space reservations shall be managed by person, partnership, or corporate entity in which there is adequate expertise and experience in property management to assure that said maintenance is accomplished efficiently and at a high standard of quality.
   F.   Minor changes in the location, siting, and height of buildings and structures may be authorized by the planning commission and city council without additional public hearings if required by engineering or other circumstances not foreseen at the time the final plan was approved. No change authorized by this subsection may cause any of the following:
      1.   A change in the use or character of the development;
      2.   An increase in overall coverage of structures;
      3.   An increase in the intensity of use;
      4.   An increase in the problems of traffic circulation and public utilities;
      5.   A reduction in approved open space;
      6.   A reduction of off street parking and loading space;
      7.   A reduction in required pavement widths.
      8.   All other changes in use, or rearrangement of lots, blocks, and building tracts, or any changes in the provision of common open spaces and changes other than listed above, must be made by the city council after report of the planning administrator and recommendation by the planning commission.
   G.   In order to ensure that the PRC development will be constructed to completion in an acceptable manner, the applicant (owner) shall post a performance bond in compliance with city bonding policy.
   H.   The establishment of a private association or corporation responsible for all maintenance of facilities owned by the development, which shall levy the cost thereof as an assessment to each unit owner within the development.
   I.   The establishment of a management committee, with provisions setting forth the number of persons constituting the committee, the method of selection, and the powers and duties of said committee; and including the person, partnership, or corporation with property management expertise and experience who shall be designated to manage the maintenance of the common areas and facilities in an efficient and quality manner.
   J.   The method of calling a meeting of the members of the corporation or association with the members thereof that will constitute a quorum authorized to transact business.
   K.   The method for maintenance, repair, and replacement of common areas and facilities, and distribution of costs thereof.
   L.   The method for maintenance of all private driveways, alleys, and private utilities and acknowledgment that such maintenance is the responsibility of the homeowners' corporation or association.
   M.   The manner of collection from unit owners for their share of common expenses, and the method of assessment.
   N.   Provisions as to percentage of votes by unit owners which shall be necessary to determine whether to rebuild, repair, restore, or sell property in the event of damage or destruction of all or part of the project.
   O.   The method and procedure by which the declaration may be amended: the declaration required herein, any amendment, and any instrument affecting the property or any unit therein shall be approved by the planning commission and city council, and recorded with the county recorder. Neither the declaration nor any amendment thereto shall be valid until approved and recorded. Said declaration and amendments thereto shall be maintained as part of the project plan for the performance development.
   P.   In case of failure or neglect to comply with any and all of the conditions and regulations herein established, and as specifically made applicable to a performance development, the planning administrator shall not issue a certificate of zoning compliance therefor. Such failure or neglect shall be cause for termination of the approval of the project. Such failure or neglect to comply with the requirements and to maintain the buildings and premises in accordance with the conditions or approval thereafter shall also be deemed to be a violation of this chapter. (Ord. 2004-25, 8-11-2004, eff. 9-9-2004)

18.82.150: DEVELOPMENT AGREEMENT REQUIRED:

Prior to the rezone hearing before the city council for the PRC zone, the applicant shall provide a detailed development agreement that details the entire project, the total amount of units or lots, the amounts of open spaces and landscaped areas, and any other amenities that the applicant is willing to proffer as part of the development. Said development agreement will also incorporate any recommended required changes made by the planning commission. Accompanied with the final development agreement shall be the correct legal description of the property, a planning commission approved copy of the preliminary plan or plat, as well as any proposed architectural elevations of homes or buildings. At the request of the city council, other language may be required in the development agreement to assure the city that the plans will match the final product built. Said agreement shall be recorded with the Utah County recorder's office, and will be attached to the title of the property to inform future or prospective property buyers of the requirements of developing the property under the PRC zone designation. Any renegotiation of the development agreement may only occur when the applicant or owner of the property petitions the city to amend the PRC plan for the property as per the requirements of this title. (Ord. 2004-25, 8-11-2004, eff. 9-9-2004)

18.82.160: PHASING:

If the project is done in phases, no remnant parcels shall be created. Any land not proposed for development shall be designated and platted as open space. Furthermore, each phase adjacent to any dedicated open space areas, including parks, walking paths or otherwise, as shown on the approved concept plan shall be included with the proposed phase. Upon approval by the city council, a portion of any proposed open space may be dedicated with each phase or plat. (Ord. 2004-25, 8-11-2004, eff. 9-9-2004)