Mount Pleasant City Zoning Code
10.16 Overlay
Zones
10.16.010.1 PURPOSE.
A. The historic district overlay zone (HD) is established to provide for the preservation and rehabilitation of historically significant structures and sites in the city which are located in a harmonious and distinguishable district.
B. The physical scale, architectural character and appropriate use of the structures within specific parts of the city are considered to be of a great historical and cultural significance to the citizens of the city and the state. In order that these areas of the city and the structures and land uses within them may not be injuriously altered, to promote the public welfare, and to provide for the enhancement and orderly development of the city by contributing to the social, cultural and economic welfare of the citizens by developing an awareness of its historical heritage, preserving the original appearance of buildings and public spaces and appropriate land uses therein, the (HD) overlay zone is hereby created.
10.16.010.2 ADMINISTRATION.
The historic preservation commission is designated as the official body to review all matters concerning the orderly development of historic districts and the preservation of their buildings and open spaces, and take appropriate action as may be necessary and authorized by other sections of this section. The historic preservation commission is authorized to function as a historic district board; it shall establish guidelines and graphic material sufficient to illustrate the historic character, scale and style of structures within historic districts and make this information available to all interested citizens; and review and act upon all proposals or plans for the exterior remodeling or demolition of existing structures within historic districts, or construction of new structures, business signs, outdoor lighting, or other major elements within public view.
10.16.010.3 BOUNDARIES OUTLINED IN ZONING MAP.
The physical boundaries of historic districts are illustrated on the zoning map.
10.16.010.4 CRITERIA FOR DETERMINATION AS HISTORIC DISTRICT.
A. The following criteria, as proposed by the National Trust for Historic Preservation for determination of historic districts, are adopted as general guidelines for historic districts.
B. Districts, sites, buildings, structures and objects of national, state and local importance are of historic significance if they possess integrity in location, design, setting, materials, workmanship, feeling and association; and
1. Are associated with events that have made a significant contribution to the broad patterns of our history;
2. Are associated with the lives of persons significant in history;
3. Embody the distinctive characteristics of a type, period or method of construction or that represent the work of a master, or that possess high artistic values or that represent a significant and distinguishable entity whose components may lack individual distinction; or
4. Have yielded, or may be likely to yield, information important in prehistory or history.
10.16.010.5 LIST MAINTAINED OF HISTORIC SITES.
The list of historic buildings and sites to be established and maintained by the historic preservation commission shall describe as concisely as possible each building or site, the date of its construction as nearly as can be determined or, if a site, the date during which its historic significance was established, the reason for including it on such list and the name and address of the current owner as shown on the records of the county recorder. The historic preservation commission shall file such list and any subsequent amendments or any additions thereto with the city recorder.
10.16.010.6 IDENTIFICATION OF HISTORIC SITES.
The historic preservation commission shall design an appropriate marker with the words "historic building" or "historic site", the date of construction or use and pertinent information as to why it is of historic significance, and invite each owner of such building or site to display thereon an official marker. A copy of this section shall be mailed to each owner so invited. If the owner agrees to display an official marker, he shall signify his acceptance by executing an agreement in a form approved by the city attorney. Upon receipt of such agreement, properly executed, the historic preservation commission shall cause to be erected and shall thereafter maintain an official marker on or adjacent to such building or site.
10.16.010.7 DEMOLITION OR ALTERATION CONDITIONS.
A. Application: The owner of a historic building or site who agrees to the display of an official marker shall not move or remove the marker from the building or site, nor demolish the building, nor alter its exterior appearance, nor build upon or alter the appearance of the site, without first making application to the historic preservation commission of such action. Such application shall be made in writing by the owner of the building to the historic preservation commission on forms prescribed.
B. Review: Any demolition or alteration to buildings, structures or other visible elements within historic districts must first be reviewed by the building inspector. If in his opinion the alteration proposed is questionable, the matter is to be taken to the historic preservation commission for their review and consideration. The historic preservation commission shall review each proposed change referred to them by the building inspector and a letter of approval shall be issued by the historic preservation commission if it finds that all proposed changes conform to the established design criteria.
C. Considerations: The historic preservation commission, in considering inappropriateness of any alteration, demolition, new construction, reconstruction, restoration, remodeling, or other modification of exterior appearance of any building, shall keep in mind the purpose of this section and shall consider among other things the historical and architectural value and significance, architectural style, the general design, arrangement, texture, material and color of the building or structure in question, its appurtenant fixtures, including signs, the relationship of such features to similar features of other buildings within the historic district, and the position of such building or structure in relation to the street or public way and to other buildings and structures.
D. Approval Or Denial: If, after considering the foregoing recommendations, the historic preservation commission determines that the proposed changes are consistent with the architectural design criteria for historic preservation as set forth in MPMC 10.16.010.10, they shall send a letter of approval. In the event of a decision to deny the letter of approval, the historic preservation commission shall consult with the owner within a period of three (3) months for the purpose of considering means of preservation that will be in keeping with the criteria. If additional time is necessary, the historic preservation commission may, before the three (3) months have expired, extend the time, not to exceed an additional thirty (30) days. If, at the end of this time, an acceptable solution has not been achieved, the letter of approval shall finally be denied, unless the historic preservation commission finds that:
1. Every reasonable effort has been made by the applicant to agree to the recommendations of the historic preservation commission; and
2. Owing to special conditions pertaining to his specific piece of property, the full application of the recommendation requirements will cause undue and unnecessary hardship, in which case the letter of approval shall be issued notwithstanding such prior determination.
E. Acquisition By City: In the event the historic preservation commission recommends denial of the application, and consultations with the owner do not resolve the problem, it shall also recommend whether or not the building or site should be purchased, leased or otherwise acquired by the city. The recommendation shall be forwarded to the city council at its next regular meeting for determination.
F. Denial; Notice Of Restrictions: Upon issuance of a recommendation to deny the application, the historic preservation commission shall notify the owner not to remove the official marker nor demolish or alter the exterior appearance of the building or site for a period of three (3) months from the date the denial was issued.
10.16.010.8 SALE OR LEASE BY CITY OF HISTORIC PROPERTIES; NEGOTIATION WITH OWNER.
During the three (3) month waiting period, the city council may choose to negotiate with the owner for the purchase or lease of the property, or may choose to commence action to acquire the property under its power of eminent domain. If the city council and the owner fail to reach agreement upon the purchase or lease of the property within the three (3) month waiting period and the city fails to commence court action under its powers of eminent domain prior to expiration of the three (3) month waiting period, this section will be of no force or effect with regard to the property, and the owner may sell, lease, remodel, demolish or otherwise alienate the property regardless of the matters herein provided.
10.16.010.9 CONDITIONAL USES.
A. Permitted: The historic preservation commission may consider uses in designated and identified historic buildings or on historic sites that do not conform with existing zoning regulations by prescribing conditions as are in its opinion necessary to assure the preservation of the historic building for which the conditional use authorization is sought.
B. Considerations: The historic preservation commission may approve an application for a conditional use if the facts presented are such to establish:
1. That such use or feature as proposed will not be detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity, or injurious to property, improvements or potential development in the vicinity;
2. That such use or feature as proposed will comply with the applicable provisions of this section and will not adversely affect the general plan of the city;
3. That such use or feature proposed is conducive to the preservation of the historic and/or architectural characteristics of the building or site.
10.16.010.10 ARCHITECTURAL DESIGN CRITERIA.
Specific architectural design criteria are prepared and maintained by the historic preservation commission for the purpose of advising property owners and developers of land within the historic district. The criteria are also used by the historic preservation commission to evaluate applications for a letter of approval, as provided in this section. Design criteria is as prepared and maintained by the historic preservation commission in MPMC 10.10.030.18.
10.16.020.1 PURPOSE AND INTENT.
The purpose and intent of this section is to regulate the secondary effects of sexually orientated businesses in the following areas, and to afford reasonable opportunities for the siting of sexually oriented businesses in part of but not all of the city:
A. Crime control;
B. Protection of property values;
C. Prevention of blight;
D. Public health;
E. Protection of children.
10.16.020.2 OVERLAY DISTRICT.
This section creates an overlay district such that all land contained in the sexually oriented business overlay zone shall also be located in some other zoning district. Permitted uses for land located in this district shall be those allowed in this district and those allowed in the underlying district.
10.16.020.3 DEFINITIONS.
For the purposes of this section, certain terms and/or words shall be defined as follows:
PLACE OF BUSINESS: Any and all places such as shops, stores, factories, public garages, offices, theaters, recreation and dance hall, pool rooms, cafes, cafeterias, cabarets, restaurants, hotels, lodging houses, buses and waiting rooms.
SEXUALLY ORIENTED BUSINESS: Businesses as defined in MPMC 3.16.
10.16.020.4 PERMITTED CONDITIONAL USES.
Sexually oriented businesses, as regulated by MPMC 3.16, are permitted conditional uses in the sexually oriented business overlay zone.
10.16.020.5 BOUNDARIES.
The boundaries of the sexually oriented business overlay zone shall be the exact same boundaries as the M-P industrial/manufacturing park zone as described in MPMC 10.12.010.
10.16.020.6 LOCATIONAL REQUIREMENTS.
The location, placement and separation of sexually oriented businesses shall be established as follows:
A. Zoning Districts Allowed And Zoning District Setbacks: Sexually oriented businesses shall only be located in the M-P industrial/manufacturing park zone and may not be located within two hundred fifty feet (250') of the boundary of any other zoning district.
B. Use Setbacks: Sexually oriented businesses shall not be located within specified distances of boundary lines of a parcel of land containing certain uses, as set forth in the following:
USE OR STRUCTURE | SETBACK DISTANCE |
|---|---|
Public or private school | 500 feet |
Childcare agency | 500 fee |
Publicly owned facility | 500 feet |
Public place of worship | 500 feet |
C. Setbacks From Dwelling Units: Sexually oriented businesses shall not be located within two hundred fifty feet (250') of an existing dwelling unit.
D. Separation Of Sexually Oriented Businesses: Any sexually oriented business must be located a minimum of seven hundred fifty feet (750') from any other sexually oriented business.
10.16.020.7 SITE STANDARDS.
A. Signs: The sexually oriented business shall be limited to one sign not to exceed twenty four (24) square feet in area. Signs shall not include nudity, or include images or references to "specified sexual activities", whether actual or simulated, or "specified anatomical areas", or instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities".
B. Screening: "Specified sexual activities" or "specified anatomical areas", including instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities" or their images, shall not be visible in any fashion whatsoever from the exterior of the building within which the business is located.
10.16.020.8 ENFORCEMENT.
It shall be the duty of the planning commission and the zoning administrator to enforce the provisions of the overlay district and to see that its requirements and restrictions are duly complied with.
10.16.030.1 PURPOSE.
A. The planned unit development overlay zone (PUD) is established to allow for diversification in the relationship of various uses and structures, to permit more flexibility, and to encourage new and imaginative concepts in the design of neighborhood and housing projects. To this end, the development should be planned as one complex land use rather than an aggregation of individual unrelated buildings located in separate unrelated lots.
B. Substantial compliance with zone regulations and other provisions of this title in requiring adequate standards related to the public health, safety and general welfare shall be observed, without unduly inhibiting the advantages of large site planning for residential and related purposes.
10.16.030.2 DEVELOPMENT PLAN APPROVAL.
A. A PUD shall be permitted as a conditional use in the R-A, R-S and R-M zones, and notwithstanding any other provisions as hereinafter set forth, shall be applicable if any conflict exists.
B. An overall development plan for a PUD, showing building types, locations, sizes, height, number of residential units, access roads, open spaces, parking and landscaping may be approved by the planning commission and city council, and building permits issued in accordance with such plan, even though the residential uses, housing types, and the location of the buildings proposed differ from the residential uses, housing types, and regulations governing such uses in effect in the zone in which the development is proposed; provided, that the provisions of this section are complied with.
C. Accessory nonresidential uses may be included in the development to provide a necessary service to the residents of the development as determined by the planning commission.
10.16.030.3 MINIMUM AREA; NUMBER OF DWELLING UNITS.
A. The basic number of dwelling units in a PUD shall be the same as the number permitted by the lot area requirements of the zone in which the PUD is located. Land used for schools, churches, other nonresidential service type buildings and uses for streets and exclusively for access to the usable area of a PUD shall not be included in the area for determining the number of allowable dwelling units.
B. The basic number of dwelling units in a PUD may be increased by the planning commission if in its judgment, it is determined that the concept, site layout and design, the residential groupings, and the aesthetic and landscaping proposals will provide a superior residential development to that which would result through the normal land subdivision process.
C. All proposed residential developments, with the exception of normal land subdivision, within the city equal to or in excess of the minimum area requirements for a PUD as set forth in this section shall comply with the provisions of this section and be developed as a PUD. Land to be developed as a normal subdivision will be subject to the provisions of the subdivision ordinance of the city.
10.16.030.4 OWNERSHIP.
The development in a PUD zone shall be in single or corporate ownership, or the application filed jointly by the owners of the property.
10.16.030.5 ADJACENT PROPERTY.
The property adjacent to the PUD shall not be adversely affected, and to this end the planning commission may require, in the absence of appropriate physical boundaries, that uses of least intensity or greatest compatibility be arranged around the boundaries of the project. Yard and height requirements of the adjacent zone shall apply on the periphery of the project.
10.16.030.6 SITE DEVELOPMENT STANDARDS.
In a PUD zone, site development standards and sign regulations shall be determined by approval of the site development plan.
10.16.030.7 OPEN SPACES.
A. Requirements: In a PUD zone, the city council, upon recommendation of the planning commission, shall require the preservation, maintenance and ownership of open space, utilizing, at the city’s option, one of the following methods:
1. Dedication of the land as a public park or parkway system;
2. Granting to the city a permanent open space easement on and over the private open spaces to guarantee that the open space remains perpetually in recreation use, with ownership and maintenance being the responsibility of a homeowners’ association established with articles of association and bylaws which are satisfactory to the city; or
3. Complying with the provisions of the condominium ownership act, Utah Code Annotated title 57, chapter 8, as amended, which provides for the payment of common expenses for the upkeep of common areas and facilities. Recreation uses and facilities may be developed within the common open space areas in compliance with a recreation and landscaping plan approved as part of the approved final development plan of the PUD.
B. Maintenance By City: If the methods described in subsections A2 or A3 of this section are utilized to maintain the open spaces in the PUD zone, but the organization established fails to maintain the open spaces in reasonable order and condition, the city may, at its option, do or contract to have done the required maintenance and shall assess ratably the open space and individually owned properties within the PUD. Such assessment shall be a lien against the property and shall be filed with the county recorder, or the city may bring suit to collect the maintenance fees, together with reasonable attorney fees and costs.
C. Bond Requirements: The developer shall be required to provide a surety or cash bond, escrow or bank letter of credit in an amount determined by the planning commission guaranteeing the completion of the development of the open space, or a phase thereof. When completed in accordance with the approved plan, the bond shall be released. If uncompleted at the end of two (2) years, the city will review the progress and may proceed to use the bond funds to make the improvements to the open space.
10.16.030.8 ACCESS ROADS.
In a PUD zone, where access roads create corner lots of adjoining parcels of land, the location of the paved area of the access road shall be located so as to maintain the minimum corner lot side yard requirements of the zone in which the corner lot is located, plus an additional ten foot (10') planting and walking area.
10.16.030.9 SUBDIVISION BOUNDARIES.
If the PUD is to be subsequently divided either as a subdivision into a phase development parcel, or separately owned and operated units, such division boundaries shall be indicated in the development plan and preliminary subdivision approval concurrently obtained in the case of a subdivision. The subdivision ordinance as it now or hereafter may exist shall then apply to such development.
10.16.030.10 MAINTAIN UNIT COHESIVENESS.
In a PUD zone, the area shall be adaptable to a unit type development and shall not contain within or through it any ownership or physical barrier which would tend to impair the unit cohesiveness.
10.16.030.11 REVISIONS TO DEVELOPMENT PLAN REQUIRE APPROVAL.
Once the overall development plan showing details of buildings, structures and uses has been approved by the city council, after recommendation of the planning commission, no changes or alterations to such development plan or uses shall be made without first obtaining approval of the planning commission. Major revisions require city council approval.
10.16.030.12 APPLICATION REQUIREMENTS.
A. Development Plan: An application for a PUD shall be submitted to the planning commission and shall be accompanied by an overall development plan showing uses, dimensions and locations of proposed structures, areas reserved for public uses such as schools, playgrounds, landscaping, recreational facilities and open spaces, areas reserved and proposals for accommodating the design and character of the proposed development.
B. Other Information: Such other information shall be included as may be necessary to determine that the contemplated arrangement of uses make it desirable to apply regulations and requirements differing from those ordinarily applicable under this title. Revisions to the plan shall be reviewed and approved by the planning commission, with city council approval on major revisions required.
10.16.030.13 PROCEDURE FOR APPROVAL.
In considering the proposed PUD, the planning commission shall consider:
A. The design of buildings and their relationship on the site and their relationship to development beyond the boundaries of the development;
B. Which streets shall be public and which shall be private, the entrances and exits to the development and the provisions for internal and external traffic circulation and off street parking;
C. The landscaping and screening as related to the several uses within the development and as a means of its integration into its surroundings;
D. The size, location, design and nature of signs and the intensity and direction of area floodlighting;
E. The residential density of the proposed development and its distribution as compared with the residential density of the surrounding lands, either existing or as indicated, on the zoning map or master plan proposals of the city as being a desirable future residential density; and
F. The demonstrated ability of the proponents of the PUD to financially carry out the proposed project under total or phase development proposals within the time established.
10.16.030.14 REVIEW BY PLANNING COMMISSION.
The planning commission, subject to the requirements of this section, may recommend approval, denial or approval with conditions of the proposed PUD to the city council.
10.16.030.15 CITY COUNCIL APPROVAL.
The city council, after holding a public hearing thereon, may approve or disapprove the application for a PUD. In approving an application, the city council may attach such conditions, including a limitation of time during which the permit remains valid, as it may deem necessary, to secure the purposes of this section. Approval of the city council, together with any conditions imposed, constitutes approval of the proposed development as a permitted use in the zone in which it is proposed.
10.16.030.16 ISSUANCE OF PERMIT.
The building inspector shall not issue a permit for the proposed building or use within the project unless such building or use is in accordance with the approved development plan and any conditions imposed. Approved development plans shall be filed with the planning commission, building inspector and city recorder.
10.16.030.17 TIME LIMITS.
Unless there is substantial action leading toward completion of a PUD or an approved phase thereof within a period of eighteen (18) months from the date of approval, as determined by the city council, such approval shall expire unless, after reconsideration of the progress of the project, an extension is approved.