Nephi City Zoning Code

Compliance with the regulations of this chapter in no sense excuses the developer from the applicable requirements of the subdivision ordinance including applicable fees and deposits (10-13). 

HISTORY:

Ord. 12-15-2020, 12-15-2020; amd. Ord. 09-21-2021-A, 9-21-2021

The purpose of the planned unit development is to allow:

1. Diversification in the relationship of residential uses and structures to their sites.
2. To provide more flexible development options where a standard lot pattern is not practical or desirable.
3. Promote usable public and private recreation areas, parks, trails, and open space.
4. Assure maintenance through a homeowners' association or other approved method.
5. Reduce development costs and ongoing maintenance costs to the city.
6. The application of planned unit concepts is intended to encourage good neighborhood and housing design, thus ensuring substantial compliance with the intent of the zone district regulations and other provisions of this title related to the public health, safety and general welfare, and at the same time securing the advantages of site planning for residential development.

HISTORY:

Ord. 12-15-2020, 12-15-2020; amd. Ord. 09-21-2021-A, 9-21-2021

A vicinity plat that is compliant with the plat requirements of the Subdivision Ordinance may be submitted for review prior to the full application being submitted. The vicinity plat fee applies.

An application for a PUD shall be submitted on the Application Form approved by the city and must include the following:

1. Receipt verifying payment of applicable fees.
2. The use or uses, dimensions, sketch elevations and locations of proposed structures.
3. A complete preliminary plat.
4. Dimensions and locations of areas to be reserved and developed for vehicular and pedestrian circulation, parking, public uses such as playgrounds, landscaping and other open spaces.
5. Architectural drawings and sketches demonstrating the general design and character of the proposed uses and the physical relationship of the uses.
6. Requests and justifications for a Density Bonus.
7. Such other pertinent information, including residential density, coverage and open space characteristics shall be included as may be necessary to make a determination that the contemplated arrangement of buildings and uses makes it desirable to apply regulations and requirements differing from those ordinarily applicable under this title.

HISTORY:

Ord. 12-15-2020, 12-15-2020; amd. Ord. 09-21-2021-A, 9-21-2021

1. PUD overlay zone: A PUD Overlay Zone is hereby created.
2. The PUD Overlay Zone provides an additional layer of land use provisions in addition to those in the underlying zone. In the event of a conflict with the provisions of the underlying zone or other chapters or sections of this Title, the provisions of this Chapter shall take precedence regardless of which provision is more restrictive.
3. The PUD provisions shall be used in combination with existing conventional zones as designated in this Chapter. The PUD Overlay Zone is not an independent zone exclusive of the underlying zone. The underlying zone provisions shall apply except when in conflict with this Chapter. Property which is vested with a PUD Overlay Zone shall be developed.
4. A PUD Overlay Zone shall only be allowed in the following base Zoning Districts R1-8, R2-1/4, R2-8, R3-8, or CU2; and must comply with the following:
5. No animal rights are allowed within a PUD.
6. Land Area: The minimum land area required for development of a PUD is four (4) acres.
7. Ownership: The development shall be in single or corporate ownership at the time of application or the subject of an application filed jointly by all owners of the property.
8. Arrangement Of Structures And Open Spaces: The planning commission shall require such arrangements of structures and open spaces within the site development plan as necessary to assure that adjacent properties will not be adversely affected because of traffic, parking, other types of congestion, incompatible uses, etc.
9. Density Bonus: A bonus density of up to ten percent (10%) may be requested based on the inclusion and on-going maintenance of one or more of the following:
10. The applicant must demonstrate that the amenities being provided are above those required as a minimum by this chapter. Such amenities may include extra park space, additional parking, Amenities such as a clubhouse, community center, swimming pool, tot lot, athletic courts, or other similar items.
11. The amount of bonus density that will be given for each approved amenity will be determined by the Zoning Administrator by considering the benefit to the development and the community. The decision of the Zoning Administrator may be appealed to the Legislative Body within thirty (30) days of the Zoning Administrator issuing a decision.
12. Density: Density allowed for a PUD shall be as provided in the regulations established by this title in the zone district in which the proposed PUD is to be developed.
13. Setbacks: No structure within a PUD may be closer than thirty feet (30') to the peripheral property line of the entire development. The area within the thirty feet (30') may be used as a buffer strip to be counted toward base open space requirements so long as it meets the definition of open space in this Chapter.
14. Front yard setbacks within the interior of the PUD shall be a minimum of twenty five feet (25’).
15. Rear Yard Setbacks: Within the interior of the PUD shall be a minimum of twenty feet (20’).
16. Fencing: The perimeter of the PUD that abuts a residential district shall be fenced with an approved fence.
17. Arrangement: Where feasible, buildings and uses of lowest height and intensity shall be arranged around the boundaries of the development.
18. Site Development Plan: Lot area, width, yard, height, density and coverage regulations shall be determined by approval of the site development plan.
19. Preservation Of Trees And Shrubs: Every effort shall be made, by creative site planning, to preserve desirable existing trees and substantial shrubs on a development site. Desirable trees are those that are healthy but does not include the type of trees identified as undesirable in the city planting plan.
20. Any large (over three inches (3”) caliper) desirable trees that are removed must be replaced with at least two new trees.
21. Open Spaces: Each planned unit development is required to contain at least twenty percent (20%) of the net developable acreage (Total acreage minus streets and driveways) of the development in permanent open space. The twenty percent (20%) acreage must meet the following guidelines:
22.  Such acreage must be unencumbered except for utility easements and nonsensitive lands.
23. The open space must be improved by the developer and contain recreation activity areas which may include swimming pools, sports courts, spas, common buildings or facilities constructed for use by the residents of the project, or residents of the community, for meetings, indoor recreation, receptions classes or other similar uses, picnic pavilions, gazebos, water features, playgrounds, or privately maintained landscape areas as stipulated in the approved plans.
24. Where a development will be constructed in phases, the ratio of improved and dedicated open space to the total phased platted property must always meet or exceed the required open space amounts for the entire development.
25. The twenty percent (20%) open space requirement may not be used to obtain increased density bonuses under the provisions of section of this article.
26. All open space areas must be accessible by emergency vehicles and personnel.
27. Preservation, maintenance, and/or ownership of required and amenity open spaces within a PUD development shall be accomplished by:
28. Dedication of the land as a public park or parkway system if agreed to and accepted in writing by the City;
29. Establishment and operation of a condominium project in compliance with the provisions of the Condominium Ownership Act of 1963, title 57, chapter 8, Utah Code Annotated, 1953, as amended, which provides for the payment of common expenses for the upkeep of the common areas and facilities;
30. Creation of a homeowners' association by which common areas shall be owned and maintained.
31. Other arrangements devised by the applicant, which is found to be acceptable and approved prior to preliminary plat approval.
32. Dwellings And Development Structures: Dwellings and development structures must comply with the following minimum standards:
33. Landscaping, Fencing And Screening: Landscaping, fencing and screening related to the several uses within the site and as a means of integrating the proposed development into its surroundings shall be presented to the planning commission for approval, together with other required plans for development.
34. Signs: The size, location, design and nature of signs, if any, and the intensity and direction or area of floodlighting shall be described in the application.
35. Grading And Drainage Plan: A grading and drainage plan shall be submitted to the planning commission with the application.
36. Planting Plan: A planting plan, showing proposed tree and shrubbery plantings, shall be prepared for the entire site to be developed.
37. Proposed Use Necessary And Desirable: The proposed use of the particular location shall be shown as necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood and the community.
38. Use Not Detrimental: It shall be shown that under the circumstances of the particular case, the proposed use will not be detrimental to the health, safety or general welfare of persons residing in the vicinity, or injurious to property or improvements in the vicinity of the planned unit development.
39. Parking shall be provided in accordance with chapter 16 of this title as well as the following minimum standards:
40. Guest Parking: Guest parking shall be located within the PUD and within two hundred feet (200’) of the dwelling entrances served.
41.  Covered Parking: The architecture of any covered parking structures shall complement the architectural materials and design elements of the structures within the PUD. Such must include metal columns, colors must match those primary colors on the associated buildings, and roof materials being standing seam or be similar to the associated building.
42. RV Parking: Owners shall not park or store recreational vehicles or trailers in front of the associated dwelling. Such must be screened from public view and located behind the front of the home or in an approved and developed provided RV storage area within the PUD. An approved RV storage area shall be completely fenced with an opaque type fence. A minimum of three hundred (300) sq. feet must be provided for each RV space in the RV storage area. This requirement, with appropriate enforcement provisions, shall be included in all covenants, conditions and restrictions that are associated with the property; homeowners - association bylaws; leases; rental agreements; etc. Parking of an RV in a driveway in the front of the dwelling or similar area for a period not to exceed 48 hours may be allowed only for the purpose of loading and preparing for immediate use.

HISTORY:

Ord. 12-15-2020, 12-15-2020; amd. Ord. 09-21-2021-A, 9-21-2021; Ord. 07-11-2023, 07-11-2023

Subject to the review and approval of the planning commission, uses permitted in a planned unit development shall be those uses which are permitted in the zone district in which the planned unit development is located; provided, that for the purposes of this chapter, single-family, attached dwellings such as townhouses or zero lot line lots shall be considered single-family dwellings and may be permitted in a planned unit development. Planned unit developments shall only be allowed in districts which specifically list them as an allowed use. 

HISTORY:

Ord. 12-15-2020, 12-15-2020; amd. Ord. 09-21-2021-A, 9-21-2021

In order that it may recommend approval of a planned unit development, the planning commission shall have authority to require that the following conditions be met by the applicant:

1. Time Limit: The proponents intend to start construction within one (1) year of the approval of the project, and any necessary zoning district change, and intend to complete said construction of all phases within four (4) years from the date construction begins.
2. Conformity To General Plan: The proposed planned unit development conforms to the city general plan in terms of general location, use of land and standards of development.
3. Residential Environment: The proposed development will:
4. Constitute a residential environment of sustained desirability and stability;
5. Be in harmony with or complementary to the character of the zoning district; and in the case of multi-family dwellings:
6. Not create traffic congestion as determined by a traffic study that shall be required unless specifically exempted upon review upon a showing of good cause.
7. Provide for proper entrance and exits and for internal traffic circulation and parking;
8. Be in harmony with the character of the zone district.
9. Have no adverse effect on adjacent or surrounding neighborhoods because of traffic, parking, noise, other types of congestion, incompatible uses, etc. 

HISTORY:

Ord. 12-15-2020, 12-15-2020; amd. Ord. 09-21-2021-A, 9-21-2021

In carrying out the intent of this chapter, the planning commission shall consider the following principles:

1. It is the intent of this chapter that site and building plans for a planned unit development shall be prepared by a designer or team of designers having professional competence in urban planning. The planning commission may require the applicant to engage such a qualified designer or design team.
2. It is not the intent of this chapter that control of the design of a planned unit development by the planning commission be so rigidly exercised that individual initiative be stifled and substantial additional expense incurred; rather, it is the intent of this chapter that the control exercised be the minimum necessary to achieve the purpose of this title.
3. The planning commission, in carrying out this chapter, shall also observe such of the principles stated under chapter 17, "Site Plan Review", of this title, as are appropriate to the review of a planned unit development.
4. The planning commission may recommend to the legislative body the approval or disapproval of an application for a planned unit development. In recommending approval of an application, the planning commission may attach such conditions as it may deem necessary to secure compliance with the purposes set forth in this title.

HISTORY:

Ord. 12-15-2020, 12-15-2020; amd. Ord. 09-21-2021-A, 9-21-2021

1. According To Plans And Specifications: Upon approval of a planned unit development, construction shall proceed only in accordance with the plans and specifications approved by the planning commission and in conformity with any conditions attached by the commission to its approval.
2. Amendments To Plan: Amendments to approved plans and specifications for a planned unit development shall be obtained only by following the procedure herein outlined for first approval of a planned unit development.
3. Division Boundaries: If the planned unit development is to be subsequently divided either as a subdivision into: 1) phase development parcels; or 2) separately owned and operated units, such division boundaries shall be indicated on the development plan and preliminary subdivision approval concurrently obtained in accordance with the subdivision ordinance.
4. Issuance Of Permit: No permit shall be issued for any proposed building, structure or use within the project unless such building, structure or use is in accordance with the approved development plan and any conditions imposed in conjunction with its approval.

HISTORY:

Ord. 12-15-2020, 12-15-2020; amd. Ord. 09-21-2021-A, 9-21-2021