A.   These areas are unique because of their proximity to prime access, high visibility and special developmental problems. To define the land use in these areas within the existing developmental parameters, strict residential zoning might prove to be too limiting. These areas may change with current economic and social growth.

   B.   To assure safe and pleasing development within the special use zone, and to ensure the close interaction of activities, some uses are excluded or allowed only upon conditional use review as set forth in chapter 7 of this title. Public safety, traffic circulation, existing uses of the property, compatibility with surrounding existing and proposed land uses, architectural character, impact on existing services and tax base, and sensitivity to neighboring landowner's feelings are critical factors in the review process.

   C.   It is intended that the creation of the special use designation will increase the control of the Planning Commission and City Council in using the remaining developable land for the most appropriate use. (Ord. 97-4, 9-16-1997)

   Agricultural.

   Golf course.

   Parks.

   Public utility and services.

   Single-family dwelling. (Ord. 97-4, 9-16-1997)

Uses enumerated hereunder are principal uses. All other uses in the SR Zone are conditional and, as determined by the Planning Commission, may require a public hearing prior to consideration. Subject to the provisions of this chapter, the location of the conditional uses shall further be subject to review and approval by the Planning Commission as provided in this title; provided, however, that conditional use applications for sand and gravel quarrying and related industrial services and land excavations shall be reviewed in accordance with the conditional use standards and provisions set forth in section 7-5A-14 of this Code, and not in accordance with chapter 7 of this title or title 7, chapter 5, article B of this Code.

   Offices, business and professional.

   Public facilities and public service facilities.

   Quasi-public uses.

   Reception center and related businesses.

   Residential facility for elderly persons.

   Restaurant (traditional sit down).

   Sand and gravel quarrying and related industrial services and land excavations. (Ord. 97-4, 9-16-1997; amd. Ord. 02-3, 1-15-2002; 2012 Code)

The following limitations and additional requirements shall apply to all residential uses in this zone:

   A.   Site Plan Review: The placement of any residential structure in this zone shall be subject to a site plan review by the planning commission.

   B.   Off Street Parking: All parking in the SR zone shall be off street.

   C.   Permitted Structures: All accessory structures necessary for the operation of a permitted or conditional use may be allowed, subject to the following limitations:

      1.   Garage; Carport: One private garage or carport designed for not more than two (2) vehicles not exceeding five hundred (500) square feet of floor area. Space for more than two (2) vehicles, or greater floor area, may be approved by the planning commission.

      2.   Storage Building: One storage building attached to or made a part of the private garage for the storage of household goods and materials commonly used around the home, not to exceed one hundred fifty (150) square feet of floor area.

      3.   Ornamental Structures: Arbors, fences, ornamental structures and other structures incidental to the proper and customary use of a dwelling.

      4.   Building Lot: Required for all buildings:

         a.   Lot width:

            (1)   Noncorner lots: Minimum of sixty feet (60').

            (2)   Corner lots: Minimum of seventy feet (70').

         b.   Lot area: A minimum of eight thousand (8,000) square feet.

      5.   Location Of Structures: All buildings and structures shall be located as follows:

         a.   Front setback: Thirty feet (30') from all front lot lines.

         b.   Side setback: Eight feet (8') minimum one side; total twenty feet (20') both sides.

         c.   Rear setback: Thirty feet (30'); may be reduced to twenty feet (20') on corner lots.

      6.   Height Of Structures:

         a.   Main buildings and structures: Two (2) stories, not to exceed thirty feet (30').

         b.   Accessory and temporary structures: One story, not to exceed fifteen feet (15'). (Ord. 97-4, 9-16-1997)

   A.   Lot And Yard Regulations: The following regulations shall apply to development for all commercial uses located within this zone:

      1.   Lot size: No restriction (nonresidential uses).

      2.   Front yard setback: All buildings shall be set back at least twenty feet (20') from the right of way line.

      3.   Side yard: Property owners in a special use restricted zone are encouraged to develop side yards conjointly with abutting conforming uses. Where a special use restricted zone abuts a residential district, all buildings shall be sited no closer than twenty feet (20') to the abutting property line.

      4.   Rear yard: All buildings shall be set back at least ten feet (10') from the rear property line. On corner lots, the requirement shall apply to the side of the building on which a separate service entry, loading dock or waste disposal facility is located.

   B.   Height Of Structures: The maximum height allowed for all buildings is thirty six feet (36').

   C.   Landscaping, General: Fifteen percent (15%) of the gross area of a lot shall be landscaped with trees, shrubs, lawn or other similar landscaping elements as follows:

      1.   The use of turf, sod, or lawn area shall be limited to a maximum of five percent (5%) of the total lot or five thousand (5,000) square feet, whichever is less, and shall be in conformance with Title 10, Chapter 22, Water Efficient Landscape Standards.

      2.   Front Yard:

         a.   A minimum of ten feet (10') of landscaping shall be provided, measured from the property line to the public street. Highway frontages shall be planted with trees (as specified by the city street tree planting guide) of at least fifteen (15) gallons or two inch (2") caliper in size at intervals of twenty five feet (25').

         b.   The planning commission may approve the elimination of the park strip, allowing the sidewalk to be placed against the curb and gutter. If the elimination of the park strip is approved by the planning commission, the sidewalk shall be increased to five feet (5'). In addition, the front landscaping area shall be increased to fifteen feet (15').

      3.   Side And Rear Yards: There shall be a minimum of three feet (3') of landscaping between parking areas on the lot and side or rear property lines. There shall be a minimum of three feet (3') of landscaping between an access driveway and a side or rear property line, unless the driveway is to be used for common access by an adjacent lot. Other side and rear setback areas that are open to view from public rights of way or from residential property shall have a minimum of five feet (5') of landscaping.

      4.   Parking In Landscaped Area: Parking within any required landscaped area is prohibited.

      5.   Curbing: All landscaped areas abutting any paved parking area shall be curbed.

      6.   Intersections: At any intersection of streets, driveways or other vehicular right of way, landscaping shall be limited to a height of not more than two and one-half feet (21/2') above street level within the area required for minimum sight distances as specified in the geometric design code (AASHTO) for local roads and streets.

      7.   Maintenance: The property owner shall guarantee to the planning commission an adequate sprinkling or irrigation system to maintain all landscaping. The plan for sprinkling or irrigation shall be subject to the approval of the planning commission at site plan review.

      8.   Landscaping Of Parking Areas:

         a.   Landscaping planters or raised sidewalks serving parking lots shall be installed along buildings and any paved areas to provide safety to pedestrians and protect the structure.

         b.   Any traffic channelization island in a parking lot shall be fully landscaped.

         c.   A minimum three foot (3') wide landscaped buffer area shall be required around all structures where they abut a parking area.

      9.   Unpaved Areas: All unpaved areas not utilized for parking, access or storage, shall be landscaped utilizing ground cover, shrub and tree materials and/or dry landscape materials (but not to exceed more than 10 percent dry landscaping). Undeveloped areas proposed for future expansion shall be maintained free of weeds and trash.

      10.   Landscaping Berms And Buffers: In addition to the side yard and rear yard footage requirements set forth herein, there shall be a buffer zone between any nonresidential and residential use of not less than twenty feet (20'). All buffer zones must address noise, sight, vibration, architectural and aesthetic compatibility of the surrounding commercial and residential developments. This can be accomplished by the use of landscaping, berms, walls, change in elevation, etc. Driveways and parking are prohibited in buffer zones. Plans for each buffer zone must be submitted at the preliminary approval submission and reviewed by the planning commission.

   D.   Parking Lots And Loading:

      1.   General: Minimum off street parking space with provision for ingress and egress by standard sized automobiles shall be provided at the time of erection of any main building or at the time any main building is enlarged or increased in capacity.

      2.   Development And Maintenance: Every parcel of land hereafter used as a public or private parking area, including a commercial parking lot or an automobile, farm equipment or other open air sales lot, shall be developed and maintained in accordance with the following requirements:

         a.   Curb And Gutter: The perimeter of the paved surface shall be finished with concrete curb and gutter.

         b.   Surfacing: Every parcel of land hereafter used as a public parking area shall be paved with an asphaltic or concrete surfacing, and shall be so arranged with markings as to provide the orderly and safe loading or unloading and parking storage of vehicles.

      3.   Off Street Loading:

         a.   For every building or part thereof having a gross floor area of ten thousand (10,000) square feet or more, which is to be occupied by a commercial or industrial use, to or from which delivery of materials or merchandise are regularly made by motor vehicle, there shall be provided and maintained, on the same lot with such building, at least one off street loading space, plus one for each additional twenty thousand (20,000) square feet, or major fraction thereof.

         b.   Each loading space shall be not less than fourteen feet (14') in width and twenty three feet (23') in length.

         c.   The space may occupy the rear or side yard, except that it shall be located no closer than thirty feet (30') to any R district and shall be enclosed by a brick or stone wall or landscaping that is six feet (6') in height. Loading areas shall be screened from view from public streets. (Ord. 97-4, 9-16-1997)

   E.   Storage, Trash And Mechanical Equipment: Storage areas which do or do not contain garbage or rubbish containers (dumpsters) shall be screened with landscaping or view obscuring fencing. The height of such screening shall be appropriate to the nature and size of the equipment or trash to be stored. The screening shall be approved by the Planning Commission at site plan review.

   F.   Lighting: Reflectors, spotlights, floodlights and other sources of illumination may be used to illuminate buildings, landscaping, signs, parking and loading areas, provided they are equipped with proper lenses or other devices concentrating the illumination upon the building, landscaping, signs, parking and loading areas, and preventing any bright, direct illumination upon adjacent property or any public right-of-way. No unshielded white lights, reflectors, spotlights, strobe lights or searchlights shall be so located that they are pointed toward or are directly visible from frequently traveled public rights-of-way or adjacent properties.

   G.   Signs: Signs are permitted subject to the provisions of chapter 4 of this title, except that no pole signs shall be permitted in the Special Use Restricted Zone. All signs shall be low profile type signs and must be located on landscaping berms or attached to a building. Any lighted signs may not be illuminated between the hours of eleven o'clock (11:00) P.M. and five o'clock (5:00) A.M. (Ord. 97-4, 9-16-1997; amd. 2012 Code; Ord. 2022-03, 6-7-2022)

See section 7-5A-14 of this Code. (Ord. 2018-04, 4-17-2018)

   A.   Criteria: Every proposed mining operation in the Special Use Restricted Zone shall meet the following criteria:

      1.   The site lies within the Special Use Restricted Zone;

      2.   The applicant has presented an accurate site plan that shows generally the topography of the overall site, as well as the proposed extraction site, utilities, roads and major structures to be located on the site;

      3.   The applicant has presented a reclamation plan for the site which identifies the steps to be taken in reclaiming the site in accordance with subsection B9 of this section, following the termination of mining operations; and

      4.   Except for the setback requirements listed in subsection B1 of this section, there shall be no limits as to the area or portion of the site that may be utilized for mining operations; provided, however, that all disturbed areas pursuant to a conditional use permit shall be located in the Special Use Restricted Zone or in areas that are valid nonconforming uses.

   B.   Conditions: Every conditional use permit for a mining operation in the Special Use Restricted Zone shall contain the following conditions:

      1.   Buffer Distances:

         a.   All extractive operations, roads, machinery, equipment and stockpiles (excluding topsoil used for reclamation and screening and rock crushing) shall be kept at least one hundred feet (100') horizontal distance from any other property owner, except as may be reduced by the Planning Commission, or in the event that the City Council approves such an exception.

         b.   All rock crushing operations shall be conducted at least four hundred feet (400') horizontal distance from any other property owner who is not engaged in mining operations (except as may be reduced by the Planning Commission), but in no event shall the operation be closer than fifty feet (50') from such other property owner.

         c.   All excavations shall be kept at least fifty feet (50') from a public road except where the Planning Commission determines the excavations may be moved closer if it will not endanger the users of the road.

      2.   Fencing And Berming: Areas of excavation with serious or hazardous conditions shall be reasonably fenced, except where in the determination of the planning commission other suitable devices may be used, e.g., earthen berms, etc.

      3.   Grading: All grading to include specifications for slope stabilization shall be done in accordance with the latest reclamation plans and consistent with industry standards.

      4.   Air And Water Quality: All air and water quality related plans and actions shall be monitored and approved as required by applicable rules of the Davis County environmental health division and the state division of air quality.

      5.   Hours Of Operation: All operation, crushing, screening and hauling shall be confined to the hours of six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M., except as approved as a variance or waiver under the noise ordinances of the city and except that the maintenance and repairs of vehicles and equipment shall not be restricted by these periods. Operations which are required as a result of public emergency demands as determined by the planning commission or the city council shall also be excluded from these restrictions. (Ord. 97-4, 9-16-1997)

      6.   Noise, Vibration: All equipment on site and off site utilized in the extraction and processing of native natural resources shall be operated and maintained so as to minimize the emanation of noise and vibration beyond the property boundary. Soil berming and other techniques should be used to accomplish the objective of reducing the impact of noise and vibration on adjacent property.

      7.   Roads: All permanent haul roads within one hundred feet (100') of public streets shall be regularly surfaced with asphalt or oil, and all roadways shall be regularly watered, swept or surfaced so as to minimize loose gravel, sand and soils from being carried onto the public streets. (Ord. 97-4, 9-16-1997; amd. 2012 Code)

      8.   Identification: Monuments or other means of identification shall be placed and maintained around the perimeter of the excavation site so as to enable reasonable identification of the property line separating the excavation property from adjoining landowners.

      9.   Reclamation:

         a.   Objectives: The objectives of excavation reclamation shall be:

            (1)   To return the land, concurrently with the mining operation or within a reasonable amount of time thereafter, to a predetermined condition defined by the reclamation plan as submitted and approved, compatible with planned, past, present or probable future land uses.

            (2)   To minimize or prevent present and future on site or off site environmental degradations to the ecologic and hydrologic regimes caused by mining operations, and to meet other pertinent state and federal regulations regarding air and water quality standards and health and safety criteria.

            (3)   To minimize or prevent present and future hazards to public safety and welfare.

         b.   Rehabilitation Standards: Following the termination of mining operations, the site shall be reclaimed in accordance with the following standards:

            (1)   The side walls of any pit or mound located on the site shall be smoothed and evenly contoured, and the floor of the pit or top of a mound shall be flattened and leveled;

            (2)   Mounds of fill shall not remain after reclamation of an extraction operation;

            (3)   No slope shall be steeper than the critical angle of repose for the material as required by applicable MHSA/OSHA standards (e.g., 33 degrees for gravel deposits);

            (4)   All areas shall be covered with a one inch (1") or thicker layer of topsoil and reseeded with a hardy plant material having a sufficient concentration to screen at least twenty five percent (25%) of the exposed surface from view. Exceptions: Areas which naturally lack or have minimal soil or vegetation shall be restored to a surface that corresponds with the native condition of such an area rather than adding soil and/or reseeding.

   C.   Provision Of Surety:

      1.   Provision Of Surety Before Operations Begin: After receiving notification that the conditional use permit has been approved by the planning commission, but prior to the commencement of operation, the operator shall provide reclamation surety to the city, in the form and amount to be reasonably determined by the planning commission in consultation with the city engineer and city council. (Ord. 97-4, 9-16-1997)

      2.   Amount Of Surety: In determining the amount of surety to be provided, the planning commission shall consider factual information as to the magnitude, type and costs of approved reclamation activities planned for the land affected and the nature, extent and duration of operations under the approved notice. The planning commission shall fix the amount of the bond reasonably related thereto, to protect the city and ensure compliance with the reclamation requirements of the conditional use permit; however, the amount of the bond shall not exceed one hundred percent (100%) of the estimated cost of rehabilitating the excavation. The bond shall be periodically reviewed to ensure that the amount of the bond is capable of providing for the required reclamation. (Ord. 97-4, 9-16-1997; amd. 2012 Code)

      3.   Form Of Surety: In determining the form of surety to be provided by the operator, the planning commission may approve a method acceptable and consistent with the requirements of this chapter which may be one or a combination of corporate surety bond, land, cash or other deposited securities. Such surety may also be in the form of a corporate undertaking by the operator or any other entity that has assets or net worth reasonably adequate to ensure the reclamation of the site as required by the conditional use permit.

      4.   Release Of Surety: The liability under surety provisions shall continue until such time as released as to part, or in its entirety, by the city council.

      5.   Forfeiture Of Surety: If the operator fails or refuses to carry out the necessary land reclamation as outlined in the approved reclamation plan, the planning commission may, after notice and hearing, declare any surety filed for this purpose forfeited, or in case of a corporate bond, file suit against the operator and its bonding company. The city shall also have the right to file suit against the defaulting permittee for costs of required reclamation and reasonable attorney fees.

   D.   Inspections: An annual on site investigation and report will be conducted by the public works department to determine whether the terms of the grading plan and reclamation plan are being met; provided, however, that the reasonable modifications of the site plan may be made by the applicant or operator of the mining operations in so far as such modifications are required in connection with the development of the site and the subsurface conditions discovered pursuant to the mining operations.

   E.   Not A Nuisance: The mining operations shall not constitute a nuisance pursuant to any ordinance of the city; provided, that parties locating residences within the vicinity of the mining operations subsequent to approval of the conditional use permit shall be deemed to have "come to the nuisance". (Ord. 97-4, 9-16-1997)