The name of this zone shall be the Hillcrest Subdivision PRC-1 Zone. The purpose of the zone is to create standards that allow the union of flexibility and uniformity, beauty and functionality, and privacy and community throughout the Hillcrest Subdivision. (Ord. 2007-24, 11-7-2007)

One single-family residence per lot.

Parks and/or open space (Lot 17 only).

Temporary structures necessary for sales and/or construction activities, subject to subsection 18.84.200B of this title. (Ord. 2007-24, 11-7-2007)

Accessory uses are permitted in the Hillcrest Subdivision PRC-1 Zone, provided that the use is incidental to the main dwelling unit and does not distract from or conflict with the character and purpose of the principal permitted use. All accessory uses are subject to acquisition of any approvals, permits, or licenses required to construct, operate, or maintain said use. Permitted accessory uses include:

Animal rights. Customary residential household pets as defined in section 18.08.010 of this title. Livestock, poultry, or large animals, including horses and other beasts of burden are strictly prohibited.

Fences and walls.

Home occupations subject to section 18.84.380 of this title.

One recreational area constructed on a commonly held parcel (Lot 17), consisting of open/green space, playground equipment, and a pavilion or similar open gathering structure.

Owner occupied accessory apartments subject to section 18.84.410 of this title.

Pools, tennis courts, or other recreational facilities.

Private nurseries, greenhouses, or gardens. (Ord. 2007-24, 11-7-2007)

The principal use of the Hillcrest Subdivision PRC-1 Zone is a single-family residential community. No conditional uses outside of the principal or accessory uses are permitted. (Ord. 2007-24, 11-7-2007)

There are no land use standards except as outlined in sections 18.82A.010 and 18.82A.020 of this chapter. (Ord. 2007-24, 11-7-2007)

The minimum lot size within the Hillcrest Subdivision PRC-1 Zone is seventeen thousand four hundred (17,400) square feet (0.4 acre). The zone shall consist of no more than seventeen (17) lots. No new subdivision lots shall be permitted beyond those originally approved for the purpose of increasing this density. (Ord. 2007-24, 11-7-2007)

The minimum setbacks for improvements constructed on lots in the Hillcrest Subdivision PRC-1 zone are as follows:

   A.   Main Building:

      1.   Front yard setback: No less than thirty feet (30') measured from the property line.

      2.   Corner lot side yards: Measured the same as the front yard.

      3.   Rear yard setback: No less than twenty five feet (25') measured from the rear property line to the foundation of the home.

      4.   Side yard setback: No less than ten feet (10') measured from the property line to the foundation of the home.

   B.   Accessory Building: No accessory building shall be any closer to the front property line than the main building.

      1.   Setbacks for accessory buildings less than or equal to twelve feet (12') in height shall be as follows:

         a.   Rear yard setback: Three feet (3') from the property line to structure, but no less than fifteen feet (15') from any existing accessory structure on an adjacent lot, and no less than forty feet (40') from an existing residence on an adjacent lot.

         b.   Side yard setback: Three feet (3') from the property line to structure, but no less than fifteen feet (15') from any existing accessory structure on an adjacent lot, and no less than forty feet (40') from an existing residence on an adjacent lot.

      2.   Setbacks for accessory buildings greater than twelve feet (12') in height shall be as follows:

         a.   Rear yard setback: Ten feet (10') from the property line to structure, but no less than fifteen feet (15') from any existing accessory structure on an adjacent lot, and no less than forty feet (40') from an existing residence on an adjacent lot.

         b.   Side yard setback: Ten feet (10') from the property line to structure, but no less than fifteen feet (15') from any existing accessory structure on an adjacent lot, and no less than forty feet (40') from an existing residence on an adjacent lot. (Ord. 2007-24, 11-7-2007)

   A.   Main building: No more than thirty feet (30') and a maximum of two (2) stories, 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.

   B.   Accessory building: No more than thirty feet (30') from finished grade to the highest roof pitch. Measurement shall be taken on three (3) sides of the structure, and finished grade shall be established ten feet (10') from the structure based on the average elevation of each side. (Ord. 2007-24, 11-7-2007)

A one-family dwelling shall provide at least four (4) off street parking spaces. At least two (2) of the spaces shall be located in an attached or detached garage that is fully enclosed. All dwelling units shall have a concrete driveway no less than thirty feet (30') in length and sixteen feet (16') in width, measured from the property line to the required garage. (Ord. 2007-24, 11-7-2007)

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 two inch (2") 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 as required in the adopted Mapleton City tree list as per chapter 18.56 of this title. Seventy five percent (75%) of front yards 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 17.15 of this code. (Ord. 2007-24, 11-7-2007)

Lot 17 will be set aside as a park area that will be fully landscaped, including a pavilion, walking path, and a tot lot. The park improvements shall be completed one year from the date of the recording of the plat. The Hillcrest Homeowners' Association will be responsible for the maintenance and upkeep of lot 17. If the association defaults (as defined in section 18.82A.120 of this chapter) ownership of lot 17 shall pass to Mapleton City. (Ord. 2007-24, 11-7-2007)

Lots 1, 2, and 16 in the Hillcrest subdivision PRC-1 zone have been designated as being located in areas with a high water table. No homes with basement foundations shall be built on these lots. (Ord. 2007-24, 11-7-2007)

In the event of a default by the homeowners' association, all of the homeowners' association's right, title and interest in and to the common areas, shall pass to Mapleton City. Upon default by the homeowners' association and transfer of ownership of common areas to the city the residents within the development shall pay all costs of maintenance of common areas to the city. In the event of default Mapleton City may assess a monthly maintenance fee to all residences in order to maintain the common areas as they were previously maintained. For purposes of this section, the occurrence of any of the following shall constitute a default by the homeowners' association:

   A.   The dissolution or liquidation of the homeowners' association;

   B.   The homeowners' association shall become insolvent, or shall suffer or consent to or apply for the appointment of a receiver, trustee, custodian or liquidator of itself or any of its property, or shall generally fail to pay its debts as they become due, or shall make a general assignment for the benefit of creditors; the homeowners' association shall file a voluntary petition in bankruptcy, or seeking reorganization, in order to effect a plan or other arrangement with creditors or any other relief under the "bankruptcy code" (meaning the bankruptcy reform act of 1978 [11 USC section 101-1330] as hereafter amended or recodified), or under any state or federal law granting relief to debtors, whether now or hereafter in effect; or any involuntary petition or proceeding pursuant to the bankruptcy code or any other applicable state or federal law relating to bankruptcy, reorganization or other relief for debtors is filed or commenced against the homeowners' association or the homeowners' association shall file an answer admitting the jurisdiction of the court and the material allegations of any involuntary petition; or the homeowners' association shall be adjudicated a bankrupt, or an order for relief shall be entered against the homeowners' association by any court of competent jurisdiction under the bankruptcy code or any other applicable state or federal law relating to bankruptcy, reorganization or other relief for debtors. (Ord. 2007-24, 11-7-2007)