Mount Pleasant City Zoning Code
10.18 Supplementary
Development Standards
10.18.010 PURPOSE.
The purpose of this chapter is to provide for the several miscellaneous land development standards which are applicable throughout, in addition to the property development standards contained within, the provisions of each respective zone. The provisions of this chapter shall prevail over conflicting provisions of any other chapters of this title.
10.18.020 AMBIGUITY OF USE; PLANNING COMMISSION REVIEW.
If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this title, or with respect to matters of height, yard requirements, area requirements or zone boundaries, as set forth herein and as they may pertain to unforeseen circumstances, including technological changes and processing of materials, it shall be the duty of the planning commission to ascertain all pertinent facts and set forth its findings and its interpretations, and thereafter such findings and interpretations shall govern.
10.18.030 NONSPECIFIED USES; ESTABLISHMENT CRITERIA.
A. Findings Of Planning Commission: When a use is not specifically contained in the list of permitted uses in any commercial or industrial zone, but is of the same character and intensity as other uses listed, the planning commission makes the following findings:
1. The establishment of the use will be in accordance with the purposes of the zone in which that use is proposed;
2. The use will be an appropriate addition to the zone because it has the same basic characteristics as the other uses permitted in the zone;
3. The use will not be detrimental to the public health, safety or welfare;
4. The use shall not adversely affect the character of that zone in which it is proposed to be established;
5. The use will not create more traffic, odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness, or any other objectionable influence than the amount normally created by any of the uses listed as permitted uses in that zone; and
6. The use will not create any greater hazard of fire or explosion than the hazard normally created by any of the uses listed as permitted uses in that zone.
B. Public Hearing Required: The planning commission shall, at the same regular meeting in which they have allowed the establishment of a use in accordance with the above provisions, set a public hearing in accordance with MPMC 10.04.070, at which the planning commission shall determine whether the use should be recommended to the city council as an amendment to this title for addition to the list of permitted uses in the respective zone in which the use has been established.
10.18.040 PUBLIC UTILITIES EXCEPTION.
The provisions of this title shall not apply to structures or facilities used or usable by the city, or any utility company, and shall not be construed to limit or interfere with the installation, maintenance and operation of public irrigation ditches, pipelines and electric or telephone distribution and transmission lines, or railroads, when located in accordance with the applicable rules and regulations of local and state agencies; except that all transmission lines, electric substations, storage yards and public utility buildings shall be subject to site plan approval if required by the provisions of the applicable zone.
10.18.050 STREET PLAN USED TO DETERMINE LOTS PRIOR TO CONSTRUCTION.
Whenever a front or side yard is required for buildings abutting on a proposed street which has not been dedicated or constructed, but which has been designated by the planning commission as a future street on the circulation map of the general plan, the depth of such front or side yards shall be measured from the nearest line of the planned street.
10.18.060 MINIMUM LOT AREA.
A. Preservation:
1. Except as provided in this title, every required front, side and rear yard shall be open and unobstructed from the ground to the sky.
2. No lot or parcel of land shall be divided or reduced in area or dimension so as to cause any required yard or open space to be reduced below that existing at the time of the adoption hereof. No required yard or open space provided around any building for the purpose of complying with provisions of this title shall be used or considered as a yard or open space for any other building.
3. No portion of a minimum lot area prescribed in this title shall be used or considered as part of another lot or parcel of land for purposes of establishing or determining applicable property development standards. No lot or parcel of land shall be reduced in size by conveyance or otherwise so that the area thereon is less than the prescribed minimum.
B. Public Use Exceptions: If a portion of a lot or parcel of land which meets the minimum lot area requirements of a respective zone is acquired for public use in any manner, including dedication, condemnation or purchase, and such acquisition reduces the area below such minimum requirements, the remainder of such lot or parcel shall nevertheless be considered as having the required minimum lot area if all of the following conditions are met:
1. Such lot or parcel contains a rectangular space of at least thirty feet by forty feet (30' x 40'), exclusive of applicable front and side yard requirements, and exclusive of one-half (1/2) of the applicable rear yard requirements, and such rectangular space is usable for a principal use or structure;
2. The remainder of such lot or parcel of land has an area of at least one-half (1/2) of the required lot area of the zone in which the lot or parcel is located, except that in zones requiring a lot area of fifteen thousand (15,000) square feet or more, a lot area of not less than six thousand (6,000) square feet shall be required; and
3. The remainder of such lot or parcel of land has access to a public street with a width of not less than twenty feet (20').
C. Variance: A reduction in the minimum required area for a lot or parcel of land which is owned by the city, county, state or other public entity or public utility may be granted by a variance issued by the hearing examiner, provided such lot or parcel is used exclusively for public purposes and provided that no living quarters are located upon such lot or parcel.
10.18.070 FRONT YARD BOUNDARIES IN DEVELOPED AREAS.
In blocks with more than fifty percent (50%) of the buildable lots already developed, the minimum front yard requirement for new construction shall be equal to the average front yards existing on the developed lots; provided, however, this regulation shall not be interpreted to require a front yard of more than thirty feet (30') in depth.
10.18.080 DOUBLE FRONTAGE LOTS.
A double frontage or through lot shall have a front yard as required by the respective zone on each street on which it abuts.
10.18.090 SIDE YARD BOUNDARIES; EXCEPTIONS.
When the common boundary separating two (2) or more contiguous lots is covered by a building or a permitted group of buildings, such lots shall constitute a single building site, and the side yard as required by this title shall not apply to such common boundary line. The side yard requirements of this title shall apply only to the exterior boundaries of the contiguous lots so joined.
10.18.100 CLEAR VISION REQUIREMENTS.
In all zones which require a front yard, no obstruction to view in excess of three feet (3') in height shall be placed on any corner or reversed corner lot within a triangular area formed by the street property lines and the line connecting them at points twenty five feet (25') from the intersection of the street lines, except that street trees are permitted which are pruned at least eight feet (8') above the established grade of the curb so as not to obstruct clear view by motor vehicle drivers.
10.18.110 HEIGHT LIMITATIONS.
A. Fences, Walls And Hedges:
1. Fences, walls and hedges may not exceed seven feet (7') in height within any required rear yard or interior side yard.
2. Notwithstanding any other provisions herein, no fence, wall or hedge shall be built any closer to any street in the front or side yard than the required main building setback line unless that structure permits visibility of the abutting property and is no higher than five feet (5'), except fences will be required to be constructed in the front setback where residential zoning district boundary lines abut commercial or industrial zones as indicated on the official zoning map. Solid fences on such boundary lines will be four feet (4') to six feet (6') in height and located ten feet (10') behind the property line.
3. For purposes of this section, single shrub plantings shall not constitute a hedge if the closest distance between the foliage of any two (2) plants is and remains at least five feet (5').
4. Where a fence, wall or hedge is located along a property line separating two (2) lots and there is a difference in the grade of the properties on the two (2) sides of the property line, the fence, wall or hedge may be erected or allowed to the maximum height permitted on either side of the property line.
5. Nonconforming fences shall not be reconstructed in their original location.
B. Exceptions:
1. Where doubt exists as to height of fences, hedges, buildings, structures, etc., provided for in this title, height limitations shall be measured from the average finished grade of the yard in which fences, hedges or other such structures are located.
2. The height limitations of this chapter shall not apply to church spires, belfries, cupolas or domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, silos, cornices without windows, antennas, radio towers or properly screened mechanical appurtenances usually carried above the roof level of a building; except in no case shall it be lawful to construct, build or establish a building, tree, smokestack, chimney, flagpole, wire tower or other structure, or appurtenances thereto, which may constitute a hazard or obstruction to navigation or landing and takeoff of aircraft at a publicly used airport. Regulations established by the federal aviation agency shall be considered to be the minimum acceptable standards for facilities in such an area.
10.18.120 COMMERCIAL VEHICLE STORAGE.
No trucks, motor vehicles or commercial trailers which exceed the rated capacity of one and one-half (1 1/2) tons shall be stored or parked on any lot or parcel within any residential zone, except the R-A zone, nor shall any contracting and/or earthmoving equipment be stored or parked on any lot or parcel in a residential zone, excepting the R-A zone.
10.18.130 BOAT AND TRAILER STORAGE.
Boats, boat trailers, cargo trailers or travel trailers may not be placed, kept or maintained within the front yards of any residential (R) zones, except that such boats or trailers may be located anywhere on the lot, except in a clear vision zone of a corner lot, as defined in MPMC 10.18.100, for a temporary period not to exceed twenty four (24) hours for loading and unloading purposes, or for temporary storage not to exceed seven (7) days if such facility is owned by a bona fide guest of the occupants of the premises.
10.18.140 ABANDONED OR JUNKED VEHICLES.
A. Prohibited; Exceptions: It is unlawful to park, store or leave or to permit the parking, storing or leaving of any licensed or unlicensed motor vehicle of any kind, or part thereof, which is in a wrecked, junked, partially dismantled, inoperative or abandoned condition, whether attended or not, upon any private property within the city limits for a period of time in excess of seventy two (72) hours, except that two (2) or less such vehicles, or parts thereof, may be stored if within a building, or placed behind an opaque, screening fence; and except that the vehicles and parts may be within a junkyard or automobile wrecking yard lawfully established pursuant to the provisions of this title.
B. Nuisance Declared: The accumulation and storage of more than two (2) such vehicles, or parts thereof, as provided in subsection A of this section, on private property, except as set forth above, shall constitute a nuisance, detrimental to the health, safety and welfare of the inhabitants of the city. It shall be the duty of the owner of such vehicle, or parts thereof, or lessee or other person in possession of private property upon which such vehicle, or parts thereof, is located, to remove the same from such property.
10.18.150 SWIMMING POOLS.
Swimming pools of permanent construction which are not enclosed within a building shall be set back at least five feet (5') from all property lines and shall be completely surrounded by a fence or wall having a height of at least six feet (6'). There shall be no openings larger than thirty six (36) square inches, except for gates which shall be equipped with self-closing and self-latching devices mounted on the inside of the gate a minimum five feet (5') above the ground.
10.18.160 MANUFACTURED HOMES.
A. Purpose: The purpose of this section is to set standards and requirements for manufactured homes, ensure safe and healthy occupancy of these forms of housing in harmony with existing communities, both economically, safely and aesthetically, and furthermore, to regulate the placement and location of these forms of housing.
B. Definitions: For the purposes of this section, the following shall be defined:
ACCEPTABLE SIMILARITY IN APPEARANCE STANDARDS: Standards that can be applied to any "manufactured housing unit", as defined, which determines the acceptable similarity in exterior appearance of the housing unit to existing residential neighborhoods and includes the following features: exterior finish, roof slopes, dimensions, roofing materials and other architectural features compatible to existing residential neighborhoods.
MANUFACTURED HOUSING: All mobile homes, manufactured homes and modular homes shall be referred to as "manufactured housing units".
MANUFACTURED HOUSING UNIT: A structure designed for use as a residential unit which is mass produced in a factory, and constructed for the purpose of transporting to a site for installation and use when connected to required utilities, either as an independent building or a module for combination with other elements to form a building on the site.
C. Inspection Standards: The following inspection standards must be met in order for a manufactured home to be determined to be in "good condition and safe for residential occupancy":
1. All manufactured homes shall be unaltered, undamaged, manufactured housing units having a minimum width of fourteen feet (14') and of sufficient length to satisfy the four hundred (400) square foot minimum requirement of the federal (HUD) standard. The units must be certified as meeting construction and safety standards which include:
The American national standard manufacturing home installations, NCDBCS/ANSI A225.1-1994;
The national electrical code, as promulgated by the National Fire Protection Association, as amended;
The mechanical code, as promulgated by the ICBO and IAPMO, as amended.
2. Real property units (units which have had ownership titles surrendered to the property and are taxed as real property) shall have permanent foundations of concrete construction meeting the requirements of the building code, with a permanent perimeter constructed of concrete and/or concrete and masonry from the permanent foundation up to the bottom of the unit. The unit shall be anchored to the concrete foundation in accordance with the manufacturer’s specifications and/or as approved by the building official in conjunction with the building code.
3. Manufactured housing units built prior to 1996, whether or not certified as meeting HUD or prior codes, found on inspection to be in poor condition and unsafe for residential occupancy, shall be prohibited.
4. The building inspector shall inspect all manufactured housing units, prior to the issuance of a building permit or occupancy permit.
D. Supplemental Standards:
1. All manufactured housing units shall meet all requirements for residential housing units as set forth in the building code.
2. Manufactured housing units shall be evaluated as meeting or not meeting dimension standards based on the following criteria:
a. The main body of the house shall be generally rectangular and not too narrow in its least dimension. Apparent bulk shall be similar to other housing in the neighborhood;
b. All exterior walls shall be nonreflectant and shall look like wood, masonry or stone, regardless of their actual composition;
3. The roof shall be nonreflectant and appear to be shingled or tiled, or built up roofs with marble chips, regardless of their actual composition;
4. The roof shall be pitched to a point, not rounded or flat, with a minimum of four foot (4') rise to each twelve foot (12') run (4:12 pitch);
5. The visible foundation shall be similar in appearance to foundations of residences in the neighborhood and shall be constructed of fire resistant materials, either brick, stone or masonry. The foundation shall form a complete enclosure under the exterior walls; and
6. Other architectural features, such as, peculiar window or door designs that are not generally compatible to the existing residential neighborhood, and odd ornamentation or bizarre colors that are not generally compatible to the existing residential neighborhood, will not be allowed.
E. Allowable Zones For Manufactured Housing Units: Manufactured housing units are only permitted in the mobile home residential zone (R-MH).
10.18.180 SHORT-TERM RENTALS.
A. Purpose. This section outlines requirements for short-term rentals that maintain the city’s residential character and quality of life. It aims to prevent disturbances to neighborhoods, safeguard the peace and safety of long-term residents, and ensure that short-term rentals do not adversely affect housing availability. By enacting health, safety, and compliance measures, this section is intended to balance economic opportunities with the necessity of preserving stable and cohesive residential communities. Efficient enforcement and permitting processes will ensure that short-term rentals serve both property owners and the broader community while safeguarding the integrity of residential neighborhoods.
B. Applicability. This section shall apply to all short-term rentals within Mount Pleasant City limits. For the purposes of this section, a “short-term rental” shall mean a residential structure or any portion of a residential structure that the owner of record or the lessee of the residential unit offers for occupancy for fewer than 30 consecutive days.
C. General Requirements. All short-term rentals shall comply with the following requirements:
1. Business License. All short-term rentals shall require a business license.
2. Fire Inspection. All short-term rentals must pass a fire inspection by the Mount Pleasant City fire department.
3. Parking Regulations. The following parking regulations shall apply to a property with an approved short-term rental use:
a. A minimum of two off-street parking spaces shall be provided on the same lot as the approved short-term rental and shall comply with Chapter 10.22 MPMC.
b. Exception. The minimum parking space requirement shall not apply to properties within the historic downtown district.
4. Local Management. To ensure the proper and timely management of short-term rentals, approved short-term rentals shall designate a local emergency contact capable of responding to complaints or emergencies within one hour. The contact information shall be provided to the city.
D. Short-Term Rental Application. A short-term rental license application shall be required for all short-term rentals within Mount Pleasant City limits.
1. Application Requirements. The short-term rental license application shall include the following information:
a. The name, address, and phone number of the owner or other person designated by the owner as the property manager who shall be responsible for ensuring compliance with the rules and regulations in this section.
b. A valid state tax number for remittance of transient lodging taxes.
c. A site plan drawn at a standard engineering scale showing the following:
i. Off-street parking stalls.
ii. Existing and proposed buildings.
iii. Existing streets.
iv. A floor plan of the dwelling proposed to be used as a short-term rental.
E. Short-Term Rental Review.
1. Staff Review. Upon submission of the short-term rental license application, city staff shall check the application for completeness. If the application is determined to be complete, city staff shall review the application and forward their recommendation to the planning commission.
2. Planning Commission Review. The planning commission shall review the short-term rental license application in the next regularly scheduled meeting where adequate notice is appropriate and conduct a public hearing on the same.
a. Upon completion of the public hearing, the planning commission shall approve, approve with conditions, or deny the short-term rental license application.
F. Short-Term Rental License Renewal. A short-term rental license shall be valid for a period of one year and must be renewed annually. For renewal, an applicant must submit a renewal application in a form established by the city.
1. Application Requirements. The renewal application requirements shall be the same as those for the initial application.
2. Fire Inspection. A short-term rental license renewal shall only be eligible for approval upon passing a fire inspection from the Mount Pleasant City fire department.
G. Enforcement and Penalties. Upon finding a violation under this section, the following penalties shall apply:
1. First violation: $500.00.
2. Second violation: $1,000.
3. Third violation: $2,000.
4. Fourth violation: Revocation of short-term rental permit.
In addition to the fines set forth in this section, all violations of this section may constitute a Class C misdemeanor as outlined in MPMC 10.04.090.
10.18.190 COMMERCIAL SITE PLAN.
A. Purpose. This section outlines the procedures for evaluating and approving commercial site plans. These procedures are designed to promote thorough advanced planning and ensure a high-quality environment for the city. This process aims to facilitate orderly, harmonious, safe, and functionally efficient development that aligns with the priorities, values, and guidelines set forth in the various elements of the city general plan, this title, and the overall welfare of the community.
B. Authority. The planning commission is authorized to approve commercial site plans as provided in this section.
C. Development Review Committee. The development review committee (DRC) shall be a committee composed of representatives from city departments and utility service providers responsible for reviewing development applications for compliance with applicable codes, regulations, and standards.
The DRC provides technical recommendations on matters related to land use, zoning, infrastructure, public safety, and utilities to ensure orderly growth and development within the city. Membership may include, but is not limited to, the following: public works, the city engineer, sewer and wastewater, electric utilities, natural gas provider, telecommunications, fire department, and other relevant entities as determined by the city.
D. Initiation. A property owner or the owner’s agent may request approval of a commercial site plan as provided in subsection E of this section.
1. A commercial site plan shall be required for any commercial or industrial use.
2. When site plan approval is required, no building permit for the construction of any building, structure, or other improvement to the site shall be issued prior to the approval of a commercial site plan. No cleaning, grubbing, drainage work, parking lot construction, or other improvement shall be undertaken prior to commercial site plan approval.
E. Application Process. An application for commercial site plan approval shall be considered and processed as provided in this section.
A complete application shall be submitted to the city staff in a form established by the city and any fee established by the city council. The following elements shall be required for a commercial site plan application:
1. The name, address, and telephone number of the applicant and the applicant’s agent, if any.
2. The uses for which commercial site plan approval is requested.
3. A set of development plans showing the following information:
a. A site plan showing the following:
i. All facilities related to the project and located within 250 feet of the site boundary.
ii. The layout, dimensions, and names of existing and future road rights-of-way.
iii. The project name, north arrow, and tie to a section monument.
iv. The boundary lines of the project site with bearings and distances.
v. The layout and dimensions of proposed streets, buildings, parking areas, and landscape areas.
vi. The location, dimensions, and labeling of other features, such as bicycle racks, dumpsters, trash cans, fences, signage, mechanical equipment, etc.
vii. The location of manmade features, including irrigation facilities, bridges, railroad tracks, and buildings.
viii. A tabulation table showing total gross acreage, square footage of street rights-of-way, square footage of building footprint, square footage of total building floor areas, square footage of landscaping, number of parking spaces, and if any, the number and type of dwellings, and the percentage devoted to each dwelling type and overall dwelling unit density.
ix. Identification of property, if any, not proposed for development.
b. A grading and drainage plan showing the following:
i. North arrow, scale, and site plan underlay.
ii. Topography contours at two-foot intervals.
iii. Areas of substantial earth moving with an erosion control plan.
iv. The location of existing watercourses, canals, ditches, springs, wells, culverts, and storm drains, as well as the proposed method of dealing with all irrigation and wastewater.
v. The location of any designated floodplain and/or wetland boundaries.
vi. Direction of stormwater flows, catch basins, inlets, outlets, waterways, culverts, detention basins, orifice plates, outlets to off-site facilities, and off-site drainage facilities when necessary, based on adopted city requirements.
c. A utility plan showing the following:
i. North arrow, scale, and site plan underlay.
ii. All existing and proposed utilities including, but not limited to, sewer, culinary water, secondary water, fire hydrants, storm drains, subsurface drains, gas lines, power lines, communications lines, cable television lines, and streetlights.
iii. Minimum fire flow required by the Uniform Fire Code for the proposed structures, and fire flow calculations at all hydrant locations.
iv. The locations and dimensions of all utility easements.
v. A letter from sewer and water providers addressing the feasibility and their requirements to serve the project.
d. A landscaping plan consistent with the requirements of this title.
e. Building elevations for all buildings showing the following:
i. Accurate front, rear, and side elevations drawn to scale.
ii. Exterior surfacing materials and colors, including roofing material and color.
iii. Outdoor lighting, furnishings, and architectural accents.
iv. The location and dimensions of signs proposed to be attached to the building or structure.
f. The information required by this subsection shall be shown on separate sheets. Plans shall be drawn at a scale no smaller than one inch equals 100 feet (1" = 100'). Except for the landscaping plan, the plans shall be prepared, stamped, and signed by a professional engineer licensed in the state of Utah. City staff shall reasonably determine the number of sets of plans required to undertake the review required by this section.
g. If one or more conditions of unusual soil, vegetation, geology, or slope exist, leading to increased fire, flood, or erosion hazards, traffic circulation issues, sewage disposal problems, and potential property damage from significant soil slippage and subsidence, the applicant shall, upon the city engineer’s request, provide contour and drainage plans, cut and fill specifications, and soil and geological reports. The specific details of such reports and plans may vary based on the severity of the unusual conditions; however, these plans and reports must be reviewed and approved by the city engineer before final approval of a development project.
h. Any necessary agreements with adjacent property owners regarding storm drainage or other pertinent matters.
i. Evidence of compliance with applicable federal, state, and local laws and regulations, if requested by city staff.
j. A traffic impact analysis, if requested by the city engineer.
k. Warranty deed, preliminary title report, or other document showing the applicant has control of the property if requested by the city staff.
l. Parcel map(s) from the county recorder’s office showing the subject property and all property located within 300 feet thereof, if requested by the city staff.
F. Approval Process.
1. Once a commercial site plan application has been submitted, it shall be reviewed by city staff for completeness.
2. After the city staff determines that the application is complete, it shall be forwarded to the development review committee for comments and review.
3. The development review committee shall provide the applicant with an index of requested modifications or additions.
4. Once all comments from the development review committee have been addressed, the application shall be forwarded to the planning commission for review and possible approval.
5. The planning commission shall hold a public meeting and thereafter shall approve, approve with conditions, or deny the application pursuant to the standards set forth in subsection G of this section. Any conditions of approval shall be limited to conditions needed to conform the commercial site plan to approval standards.
G. Standards for Approval. The following standards shall apply to the approval of a commercial site plan:
1. Site Development. The entire site shall be developed at one time unless a phased development plan is approved.
2. Compliance with Standards. A site plan shall conform to applicable standards set forth in this title and other applicable provisions of this code. Conditions may be imposed as necessary to achieve compliance with applicable code requirements.
3. Agreement – Letter of Credit. To ensure that the development will be constructed to completion in an acceptable manner, the city may require the applicant to enter into an agreement and provide a satisfactory letter of credit or escrow deposit. The agreement and letter of credit or escrow deposit shall ensure timely construction and installation of improvements required by a commercial site plan approval.
H. Appeal of Decision. Any person adversely affected by a decision of the planning commission regarding the approval or denial of a commercial site plan may appeal to the appeals board in accordance with the provisions of MPMC 10.04.080.
I. Effect of Approval. Every site for which a commercial site plan has been approved shall conform to such plan.
1. A building permit shall not be issued for any building or structure, external alteration thereto, or any sign or advertising structure until the provisions of this section have been met. No structures or improvements may be constructed unless shown on an approved site plan or required by law.
2. Approval of a site plan shall not be deemed approval or exempt any applicant of any conditional use permit, building permit, or any other permit. Approval of such permits shall be obtained in accordance with applicable provisions of this title. However, the city staff may allow the application for a conditional use permit to be considered concurrently with the commercial site plan application.
J. Amendments. Except as may be provided elsewhere in this title, no element of an approved commercial site plan shall be changed or modified without first obtaining approval of an amended commercial site plan. The procedure for approval of an amended commercial site plan shall be the same as the procedure for approval of an original commercial site plan as set forth in this section.
K. Expiration. A commercial site plan approval shall expire and have no further force or effect if the building, activity, construction, or occupancy authorized by the approval is not commenced within one year.