Mount Pleasant City Zoning Code

10.16 Overlay

Zones

10.16.030 PUD PLANNED UNIT DEVELOPMENT OVERLAY ZONE.

Prior legislation: 2006 Code.

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 10.10.030.7.

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.

The purpose of the planned unit development (PUD) overlay is to provide a flexible regulatory framework that encourages innovative, high-quality, and cohesive development while maintaining the underlying zoning district’s intent. The PUD overlay allows for a mix of land uses, diverse housing options, creative site design, and efficient infrastructure planning that may not be achievable under conventional zoning standards. This overlay promotes the integration of residential, commercial, and other compatible uses to support sustainable growth and community-oriented development. The PUD overlay facilitates collaborative planning between developers and the community to achieve projects that reflect local goals, enhance neighborhood character, and provide public benefits beyond what standard zoning allows.

10.16.030.2 SCOPE.

The requirements of this section shall apply to any PUD overlay within the city. Such requirements shall not be construed to prohibit or limit other applicable provisions of this title, this code, or other laws except to the extent such provisions are altered by the requirements of this section.

10.16.030.3 USE IN COMBINATION WITH UNDERLYING ZONE.

The PUD overlay may be used in combination with the R-A or R-S zones, subject to the requirements of this section.

A. Provisions Supplementary. The provisions of the PUD overlay shall be supplementary to the provisions of the zone with which it is combined and shall not be applied to any land area as an independent zone.

B. Zone Designation. The PUD overlay designation shall be shown on the official zoning map in parentheses as a suffix to the zone designation with which it is combined. For example, if the PUD overlay is combined with the R-S single-family residential zone, it would be designated on the official zoning map as “R-S (PUD).” Only one zone shall be designated for the entire development.

10.16.030.4 OVERLAY AREA AND DENSITY.

A. Minimum Area. The PUD overlay shall require a minimum of five contiguous acres.

B. Maximum Density. The maximum density in the PUD shall not exceed the density specified in the underlying zone except as provided for those uses identified under MPMC 10.16.030.5(A).

10.16.030.5 USES ALLOWED.

The uses allowed within a PUD overlay shall include all permitted and conditional uses set forth in the zone with which the PUD overlay is combined, subject to compliance with the approved PUD development plan. Additional uses may be considered if they align with the intent of the PUD overlay and are approved with the PUD development plan. Such uses are listed below. Any uses not approved as part of the PUD development plan shall be prohibited within the PUD overlay. Any conditional use shall be subject to the issuance of a conditional use permit as set forth in this title.

A. Residential Uses. The following additional residential uses may be permitted within a PUD overlay:

1. Duplex. A residential structure containing two separate dwelling units in a side-by-side or stacked arrangement.

2. Triplex/Fourplex. A single building containing three (triplex) or four (fourplex) dwelling units, each with its own entrance and kitchen.

3. Cottage Court. A group of small, detached or semi-detached dwellings arranged around a shared courtyard or green space, typically under common management or on a single parcel.

4. Single-Family Attached (Townhomes). A single-family dwelling unit sharing one or more common walls with another unit. Each unit is situated on a separate lot and features its own entrance.

5. Tiny Home Development. A development of small footprint homes, typically less than 400 to 600 square feet, clustered in a compact layout with common amenities.

6. Prohibited Uses. Mobile homes, manufactured homes built to HUD standards, single-wide or double-wide trailers, recreational vehicles (RVs), or park model trailers shall not be considered “tiny homes” for the purposes of this overlay and are prohibited within the PUD overlay zone.

B. Accessory Uses. Accessory uses located in a common main building may be permitted. Accessory uses may include recreational facilities and structures, daycare centers, personal services, and RV parking.

C. Commercial Uses. Any commercial use outlined in Chapter 10.10 MPMC may be permitted within a PUD overlay provided such use is:

1. Specifically authorized as part of a PUD development plan approved pursuant to the provisions of this section; and

2. Designed as an integral element of the PUD, including building and landscaping design, which is consistent with design elements of the development.

10.16.030.6 PHYSICAL RESTRICTIONS.

The physical restrictions and development standards applicable to the uses permitted within the underlying zone and in Chapter 10.10 MPMC shall apply to such uses within the PUD overlay. In addition to the underlying standards, the physical restrictions outlined below shall apply to the residential uses authorized in MPMC 10.16.030.5(A).

Use Type	Min Lot Area	Min Lot Width	Setbacks (Front/Side/Rear)	Max Building Height	Max Building Coverage
Single-Family Detached	3,500 sq ft per unit	35 ft	15 ft/5 ft/10 ft	28 ft (2 stories)	50%
Duplex	7,000 sq ft total lot	50 ft	15 ft/6 ft/10 ft	30 ft (2 stories)	55%
Triplex/Fourplex	10,500 sq ft/14,000 sq ft	60 ft	15 ft/8 ft/10 ft	35 ft (2.5 stories)	60%
Cottage Court	10,000 – 14,000 sq ft per cluster (3 – 4 units)	60 ft (shared court)	10 ft (perimeter)/5 ft (unit separation)	20 ft (1.5 stories)	40% per unit (court-wide max 60%)
Single-Family Attached (Townhome)	3,200 – 3,600 sq ft per unit lot	20 ft per unit	10 ft/0 ft (shared wall)/10 ft	35 ft (2.5 stories)	65%
Tiny Home Development	See MPMC 10.16.030.7 (tiny home development standards)	20 ft (may be reduced to 16 ft for clustered court layouts meeting MPMC 10.16.030.7(A)(2))	5 ft/5 ft/5 ft	18 – 20 ft (1 story + loft)	50% per unit (max site coverage 60%)

10.16.030.7 ADDITIONAL DEVELOPMENT STANDARDS.

The following standards apply to any development utilizing the tiny home development option identified in MPMC 10.16.030.5(A). These standards are intended to ensure that tiny home communities are well-designed, compatible with surrounding neighborhoods, and provide long-term livability.

1. Standard Minimum Lot Area. Each tiny home shall be located on a lot or unit pad of not less than 2,500 square feet.

2. Alternative Minimum Lot Area. The minimum lot or unit pad area may be reduced to 1,500 square feet if all of the following are provided:

a. At least 20 percent of the gross project area shall be dedicated as common open space.

b. A shared courtyard, green, or amenity area shall be centrally located and accessible to all residents.

c. A minimum of one shared community amenity (e.g., community building, pavilion, garden, or playground) for every 10 dwelling units shall be provided.

d. A legally binding maintenance mechanism, such as a homeowners’ association (HOA), property owners’ association (POA), or provisions within a development agreement approved under MPMC 10.16.030.12, shall be established to ensure ongoing upkeep of shared facilities and open space.

1. Tiny homes shall comply with the setbacks in MPMC 10.16.030.6, except that:

a. Interior unit-to-unit separation may be reduced to three feet if fire code compliance is maintained.

b. Unenclosed porches, decks, or stoops may encroach up to five feet into required front or rear setbacks and up to two feet into side setbacks, provided fire code clearances are maintained.

2. Maximum building height shall not exceed 20 feet except architectural elements (e.g., dormers, cupolas) may extend up to 22 feet.

1. No more than three adjacent units shall have substantially identical exterior designs.

2. Variation in color, roof pitch, or materials shall be provided to create visual diversity.

3. Skirting of tiny homes on wheels is required using durable, architectural materials.

4. Roofing materials shall be nonreflective and compatible with the residential character.

1. At least 15 percent of the gross project area shall be landscaped open space (in addition to private yards).

2. Perimeter landscape buffers of at least 10 feet shall be provided adjacent to existing residential zones.

3. At least one shade tree shall be planted per unit (in yards or common areas).

4. Shared open space shall be improved with grass, native plants, hardscape, or amenities – not left unimproved.

1. Off-street parking shall be provided at a ratio of one and one-half spaces per dwelling unit. The city may approve a reduction to one space per dwelling unit where on-street supply, shared parking, or proximity to services is demonstrated.

2. Parking shall be clustered in courts or located behind units: individual front-yard driveways are discouraged.

3. Parking areas shall be screened from public rights-of-way and adjoining residential lots by buildings, landscaping, or fencing at least four feet in height.

4. Pedestrian circulation shall connect all dwellings, shared open spaces, parking courts, and public streets with accessible paths.

1. Tiny home developments of 10 or more units shall provide at least one shared amenity (community building, pavilion, garden, or playground).

2. A homeowners’ association, property owners’ association, or similar entity shall be established to maintain common open space, shared facilities, and private drives.

3. A development agreement or CC&Rs shall be recorded prior to final plat approval to ensure long-term maintenance obligations.

G. Clarification on Tiny Homes. For purposes of this section, a “tiny home” shall mean a small dwelling unit constructed in compliance with the International Residential Code (IRC) or other applicable building code adopted by the city. Tiny homes on wheels may be permitted only if built to ANSI or NFPA standards and placed on a permanent foundation with appropriate skirting as required in subsection C of this section. Mobile homes, HUD-code manufactured housing, single-wide or double-wide trailers, and recreational vehicles are expressly prohibited.

10.16.030.8 APPLICATION.

An application for approval of any PUD overlay shall be filed with the city staff. The application shall be made on a form provided by the city and must include written consent by the owner/owners of all property to be included in the PUD overlay. The PUD overlay application shall consist of the following:

A. A development plan as set forth in this section.

B. A written statement of intent and objectives.

C. A completed application form.

D. Payment of required fees.

10.16.030.9 DEVELOPMENT PLAN.

A development plan shall be required for all PUD overlay applications and shall include the following:

A. A map of the existing site showing the following information:

1. Vicinity map.

2. Scale and north arrows.

3. Site boundaries, dimensions, and acreage.

4. Topography with two-foot contours.

5. Existing vegetation, location, and types.

6. Existing structures and designation of their current uses.

7. Existing roads and other improvements.

8. Location of existing public utilities and utility easements.

9. Such other data as may be required as a result of unique conditions or circumstances associated with the proposed PUD.

10. A description and location of existing public utilities and services, including fire and police stations, schools, hospitals, and their proximity to the PUD.

B. Specific Site Plan. The specific site plan shall consist of a plan showing the major details of the proposed PUD project, together with supporting information as required hereunder. The plan will be prepared at a scale no smaller than one inch equals 100 feet. The specific plan guides the creation of the PUD and ensures that the completed development will meet the standards envisioned at the time of approval. The specific site plan shall contain the following information:

1. Proposed name of the PUD.

2. Scale and north arrow.

3. Name and address of applicant, owner, and the preparer of the plan.

4. All proposed land uses, densities, and proposed units within the PUD, including a land use summary and population projections for the proposed units.

5. Designation of major roads and highways both within the proposed PUD and those that interface and adjoin to the proposed PUD.

6. Proposed private streets, if any.

7. Topography with two-foot contours.

8. Public and civic facilities, both currently existing and proposed, including, without limitation, schools, churches, fire stations, police stations, hospitals, and existing utility service locations.

C. Design Guidelines and Standards. Design guidelines and standards, which will show in detail any variation of land use standards and regulations to be applied to the PUD, including all proposed land use regulations, procedures, and specifications, as well as specific building and architectural standards and criteria as applicable.

D. Grading concept plan.

E. Utilities Plan. This plan designates the location of main lines for water, sewer, gas, electric, and phone services.

F. General Landscape Plan. A general landscape plan designates:

1. Proposed open spaces.

2. General landscaping criteria, including a list of plants and materials to be used.

G. Preliminary geology and soils reports.

H. Site Drainage Plan. The site drainage plan includes the designation of existing natural drainage patterns, together with any proposed modifications or construction of additional drainage and/or retention facilities.

I. Traffic Study. Traffic study and analysis.

J. Project Phasing Plan. A project phasing plan outlines approximate time frames for the beginning and completion of each phase of the proposed development and construction.

K. Adjoining Owner Identification. The names and addresses of all adjoining property owners.

L. Miscellaneous Studies. The applicant shall provide such additional studies as may be pertinent to the specific site, context, and characteristics of the proposed PUD, as may be required under state or federal law, including, without limitation, biology studies, environmental studies, wetland analysis, and EPA assessments.

M. Written Statement. The written statement to be submitted with the PUD application shall contain the following information:

1. A statement of purpose and intent as well as long-range planning goals and objectives, including design intent, general architecture theses, and guidelines.

2. A statement of ownership, proposed tenancy, and legal description of the land are included in the PUD project plan, together with a preliminary title report.

3. A statement of any variation of land use standards that will be applied to properties and uses within the proposed PUD.

10.16.030.10 STAFF REVIEW.

The city staff shall receive and check the PUD application for general compliance with this section and required submissions. If the PUD application is not complete or not in general compliance, the city staff shall notify the applicant in writing and specify the deficiencies in the application. If the submission is complete and in general compliance, the application shall be forwarded to the development review committee as defined in MPMC 10.18.190 for review. The development review committee will forward a written report of their findings and recommendations to city staff.

10.16.030.11 PLANNING COMMISSION REVIEW.

Once the staff review of the application has been completed, city staff shall forward the PUD overlay application to the planning commission for review and possible recommendation. The planning commission shall hold a public hearing on the PUD overlay application. After holding a public hearing, the planning commission shall review the application and base its findings upon the review standards set forth below. If the planning commission finds that the proposed PUD overlay application complies with the requirements of this section and that it is satisfied with the PUD development plan, it shall recommend approval, or approval with conditions, of the PUD application. If the planning commission finds that the proposed PUD overlay application does not meet the requirements of this section or other applicable ordinances, it shall recommend denial of the PUD overlay application and shall include written findings as to the deficiencies and basis for its recommendation.

A. Review Standards. The planning commission shall review the PUD overlay application for substantial compliance with this section. Additionally, the planning commission shall consider the following matters when reviewing a PUD overlay application.

1. Consideration relating to traffic safety and traffic flow patterns, including, but not limited to, the effect of the proposed PUD overlay on traffic conditions on adjoining streets and circulation patterns within the boundary of the proposed PUD overlay.

2. General signage proposals, including design standards, tentative locations and lighting of signage.

3. General landscaping plans, including proposed materials, landscaping guidelines, and proposed dedicated open spaces, parks, etc.

4. Considerations related to the presence of hazards on the site, including but not limited to:

a. The location of any floodplains or channels.

b. The location of any unstable soil formations or geologic formations.

c. The location of critical public facilities, such as schools, churches, utilities, or transportation corridors.

5. Considerations relating to the overall consistency of planning design and objectives.

10.16.030.12 CITY COUNCIL REVIEW.

After reviewing the PUD overlay application, the planning commission shall forward its recommendation to the city council for review and possible approval.

A. Final Action. The city council shall take final action on the PUD overlay application. If the city council determines that the PUD overlay application complies with the requirements of this section, other applicable ordinances, and any conditions recommended by the planning commission or on its own initiative, and that it is satisfied with the PUD development plan, it shall approve the PUD overlay application. If the city council finds the PUD overlay application does not comply with the requirements of this section, other applicable ordinance, or other conditions recommended by the planning commission or on its own initiative, the city council shall deny the PUD overlay application.

10.16.030.13 DEVELOPMENT AGREEMENT.

A. General Provisions. When a PUD overlay is approved by the city council, the applicant shall enter into a development agreement with the city. Such agreement shall constitute a binding contract between the applicant and the city (the parties) and shall be construed together with the provisions of the PUD development plan and any conditions attached thereto, to accomplish and give effect to the purposes set forth in this section.

B. Purpose. The purpose of the development agreement shall be to specify the detailed terms and conditions upon which the parties will cooperate in completing development of the subject property under the PUD development plan. The development agreement shall create a vested right for the applicant or its successors or assigns to develop and construct the project as set forth in the PUD development plan.

C. Amendments. Any development agreement may be amended by mutual written consent of the parties.

D. Mandatory Contents. A development agreement entered into pursuant to this article shall contain provisions that:

1. Specify the duration of the agreement.

2. Specify the permitted uses of the property.

3. Specify the permitted density of use or development.

4. Specify the maximum height and dimensions of the proposed structures.

5. Set forth the provisions for the reservation or dedication of lands for public purposes, including, but not limited to, parks, roadways, and utility easements, as applicable.

6. Provide that construction shall be commenced within a specified time and that the project or any phase thereof shall be completed within a specified time which shall be consistent with the expected buildout of the phase. The development agreement may also include a provision which allows the parties to amend the expected build out calculations approved in the original development agreement.

7. Provide for periodic review of the status of performance under the development agreement.

1. The parties shall not execute any development agreements prior to the final approval by the city council of any PUD overlay application as provided under this article.

2. No construction or development shall take place prior to the execution of a development agreement.

3. A development agreement shall be executed within one year of approval of the PUD overlay application. Should the parties fail to execute a development agreement within that time, approval of the PUD overlay application shall be void and a new application for a PUD overlay required.

4. An executed development agreement under this section shall be recorded in the office of the county recorder within 10 days after it is executed by the parties.

10.16.030.14 SUBDIVISION REQUIREMENTS.

Compliance with this section does not exempt any applicant from meeting the requirements of MPMC Title 11 except as may be amended by the provisions of this section. An applicant may not submit a subdivision application prior to approval of the PUD overlay application by the city council.

10.16.030.15 COMMERCIAL REQUIREMENTS.

Compliance with this section does not exempt any applicant from meeting the requirements of MPMC 10.18.190. An applicant may not submit a commercial site plan application prior to approval of the PUD overlay application by the city council.

10.16.040.1 PURPOSE.

The medium-high density residential overlay zone is established to encourage the development of a variety of housing types at moderately high densities in appropriate locations within the community. The purpose of this overlay is to expand housing options, support efficient land use, and promote livable neighborhoods while maintaining compatibility with existing development patterns. This overlay is intended to:

A. Encourage infill development and redevelopment on underutilized parcels with adequate infrastructure.

B. Support the availability of diverse housing choices, including single-family dwellings, townhomes, multiplexes, and small-scale multifamily.

C. Ensure new development complements the character of surrounding neighborhoods through site design, building scale, and landscaping.

10.16.040.2 SCOPE.

The requirements of this section shall apply to any medium-high density residential overlay within the city. Such requirements shall not be construed to prohibit or limit other applicable provisions of this title, this code, or other laws, except to the extent the requirements of this section alter such provisions.

10.16.040.3 USE IN COMBINATION WITH UNDERLYING ZONE.

The medium-high density residential overlay may be used in combination with the R-S or R-A zone, subject to the requirements of this section.

A. Provisions Supplementary. The provisions of the medium-high density residential overlay shall be supplementary to the provisions of the zone with which it is combined and shall not be applied to any land area as an independent zone.

B. Zone Designation. The MHDR overlay designation shall be shown on the official zoning map in parentheses as a suffix to the zone designation with which it is combined. For example, if the MHDR overlay is combined with the R-S single-family residential zone, it would be designated on the official zoning map as “R-S (MHDR).”

10.16.040.4 OVERLAY AREA AND DENSITY.

A. Minimum Area. The MHDR shall require a minimum contiguous land area of one and one-half acres. For the purposes of meeting the minimum area requirement, all parcels shall be contiguous and under common ownership or control at the time of application. The minimum area requirement shall not be satisfied through phased, segmented, or sequential applications intended to circumvent this standard.

B. Maximum Overlay Area. The MHDR overlay shall not apply to an area of five or more contiguous acres.

C. Contiguous Property Under Common Control. For purposes of this section, all contiguous parcels under common ownership or control, whether or not divided by a street, shall be considered a single parcel when determining compliance with the maximum acreage limitation.

D. Lookback Provision. Any MHDR overlay application submitted within five years of a prior MHDR overlay approval for property under common ownership or control, and located within 1,000 feet of such property, shall be considered part of the same overlay area for purposes of calculating the maximum acreage.

E. Intent. The acreage limitation in this section is intended to ensure that the MHDR overlay functions as an infill and transitional zoning tool and is not applied to large-scale development areas more appropriately reviewed under the planned unit development overlay zone.

F. Maximum Density. The maximum density in the MHDR overlay shall not exceed 12 units per acre, except as provided for tiny home developments under MPMC 10.16.040.8. Overlay density shall be calculated based on the gross acreage of the property, including all land within the boundaries of the project, but excluding existing public rights-of-way.

10.16.040.5 MODIFICATION OF USES.

Within the boundaries of an approved medium-high density overlay zone, only the following uses from the underlying residential zone shall be allowed. All other uses permitted or conditional in the underlying zone are prohibited unless explicitly listed in this section or in MPMC 10.16.040.6.

1. Single-family dwelling, detached.

2. Utilities (line and rights-of-way only).

1. Parks.

2. Two-family dwellings.

3. Utilities (except lines and rights-of-way).

10.16.040.6 ADDITIONAL USES.

In addition to the modified uses from the underlying zone, the medium-high density residential overlay zone shall permit a range of “missing middle” housing types. These include the following:

A. Duplex. A residential structure containing two separate dwelling units in a side-by-side or stacked arrangement.

B. Triplex/Fourplex. A single building containing three (triplex) or four (fourplex) dwelling units, each with its own entrance and kitchen.

C. Cottage Court. A group of small, detached or semi-detached dwellings arranged around a shared courtyard or green space, typically under common management or on a single parcel.

D. Single-Family Attached (Townhomes). A single-family dwelling unit sharing one or more common walls with another unit. Each unit is situated on a separate lot and features its own entrance.

E. Tiny Home Developments. A development of small footprint homes, typically less than 400 to 600 square feet, clustered in a compact layout with common amenities.

F. Prohibited Uses. Mobile homes, manufactured homes built to HUD standards, single-wide or double-wide trailers, recreational vehicles (RVs), or park model trailers shall not be considered “tiny homes” for the purposes of this overlay and are prohibited within the medium-high density residential overlay zone.

Projects may include any combination of the housing types listed in this section, provided all applicable physical standards are met and the overall project complies with MPMC 10.16.040.4(F), except as modified for tiny home developments in MPMC 10.16.040.8(A)(3).

10.16.040.7 PHYSICAL RESTRICTIONS.

Use Type	Min Lot Area	Min Lot Width	Setbacks (Front/Side/Rear)	Max Building Height	Max Building Coverage
Single-Family Detached	3,500 sq ft per unit	35 ft	15 ft/5 ft/10 ft	28 ft (2 stories)	50%
Duplex	7,000 sq ft total lot	50 ft	15 ft/6 ft/10 ft	30 ft (2 stories)	55%
Triplex/Fourplex	10,500 sq ft/14,000 sq ft	60 ft	15 ft/8 ft/10 ft	35 ft (2.5 stories)	60%
Cottage Court	10,000 – 14,000 sq ft per cluster (3 – 4 units)	60 ft (shared court)	10 ft (perimeter)/5 ft (unit separation)	20 ft (1.5 stories)	40% per unit (court-wide max 60%)
Single-Family Attached (Townhome)	3,200 – 3,600 sq ft per unit lot	20 ft per unit	10 ft/0 ft (shared wall)/10 ft	35 ft (2.5 stories)	65%
Tiny Home Development	See MPMC 10.16.040.8 (Tiny home development standards)	20 ft (may be reduced to 16 ft for clustered court layouts meeting MPMC 10.16.040.8(A)(2))	5 ft/5 ft/5 ft	18 – 20 ft (1 story + loft)	50% per unit (max site coverage 60%)

1. Buffer and Protection Area Required. Where a medium-high density residential overlay zone abuts or is adjacent to a residential zoning district not subject to the MHDR overlay, a perimeter buffer and protection area shall be provided along the shared property boundary to ensure compatibility with adjacent residential development.

2. Minimum Width. The buffer and protection area shall have a minimum width of 20 feet, measured horizontally from the property line inward toward the MHDR development.

3. Fencing Requirement. A fence shall be installed within the buffer and protection area along the shared property boundary.

a. The fence shall have a minimum height of six feet and shall be constructed of durable materials compatible with residential development.

b. Where fencing materials are open, transparent, or semi-transparent in nature, required screening shall be achieved through the use of landscaping, berms, or other approved screening methods sufficient to reduce visibility between adjacent properties.

c. The fence and any associated landscaping shall be designed to provide effective visual screening and enhance compatibility with adjacent residential development.

4. Permitted Improvements. The buffer and protection area may include fencing, landscaping, berms, and pedestrian pathways, but shall not be used for parking, drive aisles, or storage.

5. Design Intent. The buffer and protection area shall function as a continuous visual and physical separation that protects the character and privacy of adjacent residential neighborhoods.

10.16.040.8 TINY HOME DEVELOPMENT STANDARDS.

The following standards apply to any development utilizing the tiny home development option identified in MPMC 10.16.040.7. These standards are intended to ensure that tiny home communities are well-designed, compatible with surrounding neighborhoods, and provide long-term livability.

1. Standard Minimum Lot Area. Each tiny home shall be located on a lot or unit pad of not less than 2,500 square feet.

2. Alternative Minimum Lot Area. The minimum lot or unit pad area may be reduced to 1,500 square feet if all of the following are provided:

a. At least 20 percent of the gross project area shall be dedicated as common open space.

b. A shared courtyard, green, or amenity area shall be centrally located and accessible to all residents.

c. A legally binding maintenance mechanism, such as a homeowners’ association (HOA), property owners’ association (POA), or provisions within a development agreement approved under MPMC 10.16.040.13, shall be established to ensure ongoing upkeep of shared facilities and open space.

a. Tiny home developments may exceed the maximum density of 12 units per acre, up to a maximum of 18 units per acre, provided the project complies with the requirements of subsection (A)(2) of this section (Alternative Minimum Lot Area).

b. Projects utilizing this density exception must also provide a minimum of one shared community amenity (e.g., community building, pavilion, garden, or playground) for every 10 dwelling units.

1. Tiny homes shall comply with the setbacks in MPMC 10.16.040.7, except that:

a. Interior unit-to-unit separation may be reduced to three feet if fire code compliance is maintained.

b. Unenclosed porches, decks, or stoops may encroach up to five feet into required front or rear setbacks and up to two feet into side setbacks, provided fire code clearances are maintained.

2. Maximum building height shall not exceed 20 feet, except architectural elements (e.g., dormers, cupolas) may extend up to 22 feet.

1. No more than three adjacent units shall have substantially identical exterior designs.

2. Variation in color, roof pitch, or materials shall be provided to create visual diversity.

3. Skirting of tiny homes on wheels is required using durable, architectural materials.

4. Roofing materials shall be nonreflective and compatible with the residential character.

1. At least 15 percent of the gross project area shall be landscaped open space (in addition to private yards).

2. Perimeter landscape buffers of at least 10 feet shall be provided adjacent to existing residential zones.

3. Shared open space shall be improved with grass, native plants, hardscape, or amenities – not left unimproved.

2. Parking shall be clustered in courts or located behind units; individual front-yard driveways are discouraged.

3. Parking areas shall be screened from public rights-of-way and adjoining residential lots by buildings, landscaping, or fencing at least four feet in height.

4. Pedestrian circulation shall connect all dwellings, shared open spaces, parking courts, and public streets with accessible paths.

1. Tiny home developments of 10 or more units shall provide at least one shared amenity (community building, pavilion, garden, or playground).

2. A homeowners’ association, property owners’ association, or similar entity shall be established to maintain common open space, shared facilities, and private drives.

3. A development agreement or CC&Rs shall be recorded prior to final plat approval to ensure long-term maintenance obligations.

10.16.040.9 APPLICATION REQUIREMENTS.

Each application for a medium-high density residential overlay shall include the following:

1. A completed application signed by the property owner or authorized agent.

2. Payment of applicable fees.

1. A statement of intent describing the proposed development, including:

a. Housing types proposed.

b. Targeted density (units per acres).

c. Explanation of how the proposal meets the intent of the MHDR overlay.

d. General compatibility with surrounding development.

1. A scaled diagram showing:

a. General lot layout and building types.

b. Proposed access points and internal circulation.

c. All proposed public or private roadways.

d. General location of parking and open space areas.

e. Approximate building footprints and setbacks.

f. Locations of anticipated utility easements or service corridors.

1. Summary of:

a. Proposed number and type of dwelling units.

b. Approximate density.

c. Estimated land area for buildings, open space, landscaping, and parking.

d. Phasing plan (if applicable).

1. Existing topography at two-foot contour intervals, or as otherwise determined sufficient by the zoning administrator.

1. General explanation of how the site will be served by water, sewer, and storm drainage.

2. Identification of any major off-site improvements anticipated.

10.16.040.10 STAFF REVIEW.

The city staff shall receive and check the MHDR application for general compliance with this section and required submissions. If the MHDR application is not complete or not in general compliance, the city staff shall notify the applicant and specify the deficiencies in the application. If the submission is complete and in general compliance, the application shall be forwarded to the planning commission for their review and possible recommendation.

10.16.040.11 PLANNING COMMISSION REVIEW.

Once the staff review of the application has been completed, the city staff shall forward the MHDR overlay application to the planning commission for review and possible recommendation.

A. The planning commission shall hold a public hearing on the MHDR overlay and shall provide adequate public notice as required by Utah State Code.

B. The planning commission shall review the application and shall forward a recommendation to the city council to approve, approve with conditions, or deny the application. In making its recommendation, the planning commission shall consider whether the proposed overlay fulfills the intent and goals outlined in the Purpose section (MPMC 10.16.040.1) and meets the following standards:

1. General Plan Consistency. The proposed overlay supports the goals, policies, and future land use designations of the city’s adopted general plan.

2. Site Suitability. The subject property is appropriate for the proposed housing types in terms of location, access, topography, and surrounding land uses.

3. Availability of Infrastructure. Adequate public services and infrastructure – including but not limited to water, sewer, storm drainage, and roadways – are available to serve the proposed development, or will be made available as a condition of development.

4. Purpose and Intent of Overlay. The proposal is consistent with the purpose and intent of the MHDR overlay zone and provides a clear community benefit through expanded housing options and efficient land use.

5. Neighborhood Compatibility. The proposed housing types, layout, building scale, and site design are compatible with adjacent land uses and zoning, or appropriate transitions, buffering, or mitigation measures are provided.

6. Site Design Feasibility. The conceptual site plan demonstrates that the proposed development can be accommodated on the site in compliance with applicable physical standards and without excessive reliance on variances or modifications.

7. Traffic and Access. The proposed development will not result in unreasonable traffic congestion or safety hazards, and provides for safe and adequate access to public roads.

10.16.040.12 CITY COUNCIL REVIEW.

After reviewing the MHDR overlay application, the planning commission shall forward its recommendation to the city council for review and possible approval.

A. Final Action. The city council shall take final action on the MHDR overlay application. The city council shall review the application for compliance with this section and shall approve, approve with conditions, or deny the MHDR application.

10.16.040.13 DEVELOPMENT AGREEMENT.

The city council may require a development agreement as a condition of approval for projects involving multiple phases, parcels, or public infrastructure improvements. The agreement may address the timing of construction, delivery of amenities, architectural standards, or other commitments necessary to ensure consistency with the approved overlay. The development agreement shall be recorded against the property prior to final plat approval, if applicable.

10.16.040.14 SUBDIVISION REQUIREMENTS.

Compliance with this section does not exempt any applicant from meeting the subdivision requirements outlined in MPMC Title 11.