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Marriott Slaterville
City Zoning Code

13.22 Rural

Residential Subdivisions

13.22.010 Intent

The intent of using Rural Residential Subdivisions is to allow flexibility in neighborhood and subdivision lot design. The intent is also to encourage the preservation of open space and protection of the environment. By permitting the development of homes on lots smaller than normally required for the zone in which the subdivision is located, the land saved can be dedicated to open space uses. A developer must consider Rural Residential Subdivisions as an option on developments of 10 acres or more. The intent of this type of subdivision is not one of universal application but where circumstances of natural features and land use make it appropriate.

13.22.020 General Regulations

  1. Where a subdivider proposes to divide land into subdivision lots and dedicates or permanently reserves land within the subdivision for open space or recreational use, the Planning Commission may approve a reduction in the minimum lot area as provided herein. The subdivider must meet all of the other provisions of this chapter.
  2. The Rural Residential Subdivision must be connected to a state approved sewer system.
  3. The Rural Residential Subdivision must receive subdivision approval.
  4. A Rural Residential Subdivision shall be at least 10 acres, unless the planning commission determines otherwise.
  5. The maximum number of units, allowed in a Rural Residential Subdivision, is equal to the number of units that can be developed based upon a one unit per acre standard if A-1 or A-2 , or one unit per half-acre standard if RE-20, plus applicable bonuses as outlined below.
  6. A Rural Residential Subdivision may receive a bonus granted by the planning commission only as follows:
    1. 5% bonus if the open space preserved is equal to 50% of the total subdivision area.
    2. 3% bonus if the open space preserves all areas within the subdivision area classified as sensitive lands which shall include: natural water courses, flood plain, wetlands, unstable soil, natural habitat, and other sensitive area as determined by the planning commission.
    3. 2% bonus for recreational amenities, quality of overall plan, and if open space area is contiguous.

13.22.030 Lot Area Regulations

The minimum lot area for dwellings may be reduced below the area normally required in the zone in which the Rural Residential Subdivision is located as follows:

  1. In Agricultural Zones A-1, A-2, and RE-20 a minimum lot area of 15,000 square feet is required.
  2. The Planning Commission may allow mixed lot sizes, only in the A-1 and RE-20 zones, including allowance that a maximum 10% of the gross subdivision area may be single family dwellings in accordance with R-2 zone regulations, based upon the one unit per acre standard, and so long as no bonus is granted and the open space area is at least 50% of the gross subdivision area.
  3. In all other zones, requirements to remain as listed.

13.22.040 Width, Yard And Height Regulations

  1. In all zones, yard use and height regulations shall be the same as for the zone in which the Rural Residential Subdivision is located.
  2. Frontage shall be determined at the minimum setback distance of 30 feet and follow the curve of the road.
  3. In Agricultural Zones A-1 and A-2, a minimum frontage of 100.
  4. In Residential Zone RE-20, a minimum frontage of 100 feet is required.
  5. In all other zones, requirements to remain as listed.

13.22.050 Open Space Substitution

There shall be permanently reserved, within the Cluster Subdivision, parcels of land for open space and or recreation. The area of these parcels of land shall not be less than the amount of land by which the areas of residential lots are reduced below the minimum area normally required in the Zone in which the subdivision is located. No such parcels of land shall be less than 20% of the total area suitable for building for a subdivision up to 30 acres and not less than 30% of the total area suitable for building for a subdivision over 30 acres.

The City Council upon recommendation of the Planning Commission may grant a credit or credits of land not suitable for building but amenable to other open space uses such as trails, recreation, and etc. towards the amount of land preserved or dedicated as open space.

13.22.060 Open Space Preservation

  1. Permanently reserved open space and/or recreation areas shall be improved, landscaped, and maintained or preserved and zoned to comply with the requirements of Chapter 13.20 of this ordinance. The proposal(s) shall be reviewed by the Planning Commission and approved by the City Council.
  2. To insure that the recreation and/or open space parcels are permanently reserved and maintained, the City may require either:
    1. Development or dedication of some or all of the common open space area as a public park or parkway system maintained by the City.
    2. Granting to the city a permanent easement to the common open space. This easement will guarantee that the open spaces remain perpetually open to access, parking, recreation or open spaces uses.
    3. The ownership and maintenance of the common open spaces will be the responsibility of the homeowners, Home Owners Association, developer, or owners established through Articles of Association and by-laws approved by the City.
    4. The developer shall be required to provide a surety by cash bond, escrow or a bank letter of credit in the amount determined by the City Engineer. This amount should be sufficient to guarantee the completion of the development of the common open space. When completed, the bond or surety shall be released. If the development is uncompleted at the end of two years, the City Council will review the progress and may use the funds provided by the bond or surety to make or complete the improvements to the open space areas according to the approved plan. The bond or surety shall be approved by the City Council and shall be filed with the City Recorder.
    5. If the group or groups referred to in d. above fail(s) to maintain the open space common area(s) in reasonable order and /or condition, the City may do, or contract to have done, the required maintenance. The city shall assess a prorated share of these costs to the individually owned properties within the Rural Residential Subdivision. The city may file a lien against said properties or file suit against the homeowners or association to collect these costs together with attorney's fees and associated court costs.

13.22.070 Procedure

A preliminary plan of the Rural Residential Subdivision showing the areas within the subdivision to be permanently reserved for recreation and/or open space, and plans showing the proposed use, improvements and method of maintenance of such areas shall be reviewed by the Planning Commission and approved by the City Council before the Rural Residential Subdivision proposal becomes a permitted use in the zone in which it is proposed.

HISTORY
Adopted by Ord. 2004-05 on 1/1/2004