A.   The purpose of a group dwelling is to encourage better utilization of parcels of land, to ensure neighborhood compatibility, and to provide land development patterns that meet the needs of those living in the developments and the surrounding community. This is accomplished by allowing more than one building on a lot, flexible placement of buildings, and allowing private infrastructure systems not ordinarily allowed.

   B.   A group dwelling is a residential development that has more than one residential building on a lot and that is planned as a single complex. The ownership may be either in single ownership or units sold according to the private subdivision or condominium requirements. It incorporates a definite development theme that includes usable outdoor recreation space, a well-defined circulation system, and is designed to be compatible with the land and the surrounding neighborhood.

   C.   The provisions of this chapter do not apply to group dwellings in the C-ENT, C-MU, H25, C-9, R-MFV, R-MFH, or MU zones.

(Ord. 2004-28, 7-13-2004; amd. Ord. 2020-48, 10-6-2020; Ord. 2023-16, 4-11-2023; Ord. 2024-4, 2-20-2024)

There are three types of group dwellings: a small lot group dwelling, a neighborhood group dwelling, and a mixed-use group dwelling. Because of the different character and impact of these three types of developments, some development standards may be different. The types of group dwellings are distinguished by their size:

(Ord. 2004-28, 7-13-2004; amd. Ord. 2020-48, 10-6-2020; Ord. 2024-4, 2-20-2024; Ord. 2024-28, 10-15-2024)

      1.   A group dwelling may be developed on a lot that is:

         a.   ten thousand square feet or larger in an R-2/R-2EC, R-2S, R-3/R-3EC, R-4, R-5, PI, or NC-2 zone;

         b.   between 3,000 square feet and eight acres in an R-9 zone; or

         c.   ten acres or larger in a C-2/CP-2 or C-3/CP-3 zone (see Subsection A for additional standards).

      2.   Group dwelling developments in C-2/CP-2 or C-3/CP-3 are only allowed on lots that are at least 10 acres. They must comply with the following standards:

         a.   at least 75% of the total ground floor area of all buildings on the lot must be developed with allowable nonresidential uses. The nonresidential use must receive a certificate of occupancy and zoning compliance prior to or concurrent with receiving a certificate of occupancy for the residential use.

         b.   residential uses may not be located in the ground floor storefront area.

         c.   in addition to the amenities otherwise required, the following must be provided on site:

         (1)   a fitness center or gym with at least 2,000 square feet floor area;

         (2)   a common room available for reservation for large gatherings of at least 2,000 square feet floor area;

         (3)   retail spaces containing at least 1,500 square feet floor area of each of the following:

            (A)   groceries; and

            (B)   personal services.

      3.   If contiguous lots are combined for the group dwelling development, the entire acreage of the combined properties shall be considered for the total lot area of the group dwelling.

 

(Ord. 2004-28, 7-13-2004; amd. Ord. 2020-48, 10-6-2020; Ord. 2022-55, 11-15-2022; Ord. 2023-41, 7-11-2023; Ord. 2024-4, 2-20-2024; Ord. 2024-28, 10-15-2024)

      1.   Buildings in a group dwelling development shall meet the underlying zoning district's minimum setbacks from the exterior property lines. Group dwellings in residential zones may reduce the rear setback to match the minimum side setback of the underlying zone.

      2.   If any main building is adjacent to an off-site single-family residential (R-1) zoned property and is over 2-1/2 stories or 35 feet in height, it shall follow the setback standard in Subsection 15-13-5D.

   Garden-style apartments that are U-shaped and up to 2-1/2 stories in height shall have a 35 foot minimum separation between units that face one another. U-shaped buildings taller than 2-1/2 stories shall have a minimum one to one (1:1) height to building separation requirement between units that face one another.

      1.   Requirement:

         a.   Buildings that are adjacent to a public street shall have a front elevation that faces the street. If the building is on a corner that abuts two streets, only one front elevation is required for the building.

         b.   Building entrances not adjacent to a public street shall face any private street within the development, connecting walkways, plazas, parks, or similar outdoor spaces, but not parking lots.

         c.   All entrances facing the public street shall have a minimum six foot wide sidewalk connection to the public sidewalk.

      2.   Exception: The planning commission may consider other orientations of the building if there is not an existing neighborhood that fronts the street or if other conditions exist that restrict such development and the planning commission determines that the surrounding neighborhood identity, front yard appearances and streetscape continuity will not be impacted by such a design. If it is determined that the front elevation should not face the street, an additional 10 foot setback shall be added to the minimum front yard or street facing side yard setback required for main dwellings. The 10 foot setback area adjacent to the street lot line shall be landscaped with one deciduous tree every 40 linear feet of frontage and plants and shrubs that have a minimum coverage of 50% of the landscaped area at mature growth. Any fencing that is installed shall not be placed closer than 10 feet to the front or street facing side property line.

    D.   Building Design:

      1.   All four sides of the building, excluding doors and windows, shall have the same proportionate use of exterior finish materials (e.g., if brick is used on the front of the building it also is used on the other three elevations of the building).

         a.   Approved materials require at a minimum the first floor to be finished in brick, stone, or pre-cast concrete that has the appearance of masonry. Floors above the main level shall be finished with brick, stone, cement fiberboard, or pre-cast concrete that has the appearance of masonry, cement fiberboard, stucco, EIFS, or architectural metal. No more than two main materials shall be allowed per building with other approved materials being utilized as accent materials. Vinyl and aluminum siding are not permitted materials.

         b.   In considering other building material options, the design needs to bring continuity to the entire building, development and neighborhood (e.g., privacy fences made of similar building materials that block the view of other portions of the building, quoins used to give relief to corners, facades having physical changes in the vertical planes so a flat facade is avoided). The commission may also consider other options when there are substantial grade differences from one side of the building to another and variations in the material will not impact neighborhood continuity.

         c.    Projections or recesses are required along all building exteriors at a minimum of one projection or recess every 25 feet for buildings up to 100 feet long. Buildings 100 feet or longer shall have a minimum of one projection or recess every 40 feet. The projection or recess shall be a minimum of two feet from the main building wall. A change in material is required for projections that shall extend the entire height of the building from the level of origination above the main level to the building cap. However, when projections are used for stucco, or EIFS building exteriors, the projection shall be finished with the main material of the base (brick, stone, pre-cast masonry) from base to cap. Projections or recesses along the rear façade may be less than two feet but shall be one foot or more from the main building wall. Projections or recesses along the rear façade shall have a minimum of one projection or recess every 40 feet. Projections or recesses may vary within five feet of the minimum projection or recess interval as long as the average meets the minimum requirement. Townhomes may meet the projection or recess requirement by staggering each unit.

      2.   Architectural detailing is required in order to provide interest and theme to the buildings. At a minimum, the building designs shall have a covered entry porch, stoop, portico or similar and at least three of the following architectural elements which provide a defined character to the building:

         a.   bay windows.

         b.   quoins.

         c.   dormers.

         d.   cantilevered floor.

         e.   decorative cornice work.

         f.   corbeling on wall.

         g.   decorative lintel.

         h.   roof style other than gable.

         i.   balcony - three-foot minimum depth; Juliet (faux) or functional.

         j.   columns.

         k.   all facades of each building contain at least 30% brick or stone.

      3.   For commercial buildings and for multiple-family dwellings, a clearly defined entry feature shall be required that includes:

         a.   a different material or color;

         b.   a three foot deep entrance cover;

         c.   a signage feature;

         d.   lighting; and

         e.   for a multiple-family dwelling building, at least three of the following:

            (1)   canopy or portico;

            (2)   arcade;

            (3)   raised corniced parapet over the entry door;

            (4)   peaked roof form;

            (5)   arch feature;

            (6)   outdoor patio;

            (7)   architectural details such as tile work and moldings which are integrated into the building structure and design; or

            (8)   integral planters or wing walls that incorporate either or both of landscaped areas and places for sitting.

      4.   Mix of building types: To provide variety in larger group dwellings, neighborhood and mixed-use group dwellings shall provide a mix of alternate building types.

         a.   Number of alternate building types required:

            (1)   Neighborhood group dwellings in the R-2 zone shall provide at least two alternate building types.

            (2)   Neighborhood and mixed-use group dwellings on sites under four acres shall provide at least two alternate building types.

            (3)   Neighborhood and mixed-use group dwellings on sites four acres or larger, other than in the R-2 zone, shall provide at least three alternate building types.

         b.   Alternate building types: The alternate building types to select from are the following:

            (1)   cottage court;

            (2)   stacked units (duplex, triplex, fourplex);

            (3)   single family rowhouse;

            (4)   apartment dwelling;

            (5)   duplex, side-by-side;

            (6)   great house;

            (7)   single family dwelling;

            (8)   garden apartment or courtyard dwelling; or

            (9)   for development in a commercial zone, a mixed residential/commercial building or standalone commercial building.

         c.   Alternate building designs: Buildings of the same type with more than one building design may count as two different building types.

            (1)   To qualify as different building designs, the buildings must differ in all of the following:

               (a)   height difference of at least eight feet or one story;

               (b)   roof style;

               (c)   colors;

               (d)   siding materials;

               (e)   projections;

               (f)   porch or entrance feature; and

               (g)   at least two other architectural details.

            (2)   Single-family rowhouses designed so each rowhouse appears to be a different building than adjoining rowhouses may count as two different building types. To qualify, the adjoining rowhouses shall differ with all of the following:

               (a)   A vertical break of at least one foot in the roofline at the dividing line between rowhouses;

               (b)   A difference in predominant color and siding material between adjoining rowhouses;

               (c)   A horizontal offset in wall plane of at least one foot at the dividing line between adjoining rowhouses or distinctly different building projections on adjoining rowhouses;

               (d)   at least two other architectural details.

      5.   The architecture shall be visually compatible with the common elements of the existing architecture in the area. The planned architectural theme shall as a minimum use the common elements of the existing architecture in the area with respect to:

         a.   Roof Design and Pitch: Group dwellings shall be compatible with the architecture and common roof design and pitch within the area. Group dwellings may be designed with flat roofs if the architecture is visually compatible with the existing architecture of the area. The planning commission may allow a different roof design or pitch if the development is along the edge of a neighborhood, and it will not change the nature of the neighborhood.

         b.   Glazing: Facades facing a public street shall have glazing on at least 20% of the façade along the ground floor. If a group dwelling is required to include a commercial component, then 50% of the commercial frontage along the ground floor shall include glazing. The percentage is based on the ratio of solid materials (walls) to glazing materials (windows).

         c.   In the event the neighborhood is in transition or does not have a dominant architectural theme, the commission may approve architecture designs that enhance the neighborhood fabric.

      6.   The architecture of the dwellings shall have visual relief in facade and rooflines that add variety and rhythm to the design, and avoids monotonous straight lines.

      7.   The front of each dwelling structure shall be designed so that:

         a.   If a dwelling has a front-loaded garage along a public or private street, then the front- loaded garage doors shall occupy 40% or less of the ground level building frontage that faces the street.

            (1)   If the garage is rear-loaded and is accessed from an alley or private drive and the front door faces a green space or public street, then the rear-loaded garage can occupy the entire rear façade.

            (2)   If the front door to the dwelling unit is next to the garage and the garage faces an internal driveway or street, then the 40% maximum shall apply.

            (3)   If a side-loaded garage is accessed from a public or private street, the garage door(s) shall not occupy more than 40% of the building's side street-facing façade.

            (4)   Residential buildings that have garages along a private drive may be considered rear-loaded units if the private drive only has a single connection to a public street and does not have any other street connections to other neighborhoods.

         b.    A front-loaded garage shall be set back five feet behind the front of the building.

   Residential Building Frontage Calculation (below)

      1.   a.   Two parking stalls per dwelling shall be required for each unit in the development in all zones except for multiple-family dwellings in commercial zones. One covered parking space shall be provided for each dwelling unit in all zones.

         b.   In commercial zones, multiple-family dwellings shall including parking on the property at a minimum of 1.75 stalls per unit and a maximum of 2.1 stalls per unit.

         c.   Notwithstanding subsection a. and b. above:

            (1)    Multiple-family dwellings located within 660 feet (1 block) of mass transit stops/stations, measured by legal public walking distance from property line to transit stop, and providing at least 45 stops per day shall have a minimum of 1.3 stalls per unit and a maximum of 1.75 stalls per unit; and

            (2)   Multiple-unit housing for seniors or dedicated low to moderate income housing shall have a minimum of 0.8 stalls per unit and a maximum of 1.75 stalls per unit.

         d.   All parking and access shall be hard surfaced. Front-loaded garages shall be set back 18 feet from the street. If there is an existing sidewalk or a sidewalk is planned along the street, then the front-loaded garage shall be set back 18 feet from the existing or planned sidewalk. Units without attached garages or on-site parking shall have parking provided within a 100 foot radius, measured from any entrance of the dwelling unit.

       2.     Driveways shall be a minimum of 28 feet in width whenever the driveway is used to provide ingress and egress to any parking space between dwellings including parking within attached garages.

      3.   On-site parking adjacent to any public street and any access parallel to the street shall follow the underlying zone's front setback. Parking stalls and access lanes shall be set back a minimum of eight feet from any property line that is not adjacent to a street. The eight foot setback area shall be landscaped only with water-wise shrubs spaced so that at mature growth they cover a minimum of 50% of the planter surface area and trees spaced between 25 feet to 40 feet on center and irrigated by a drip irrigation system. Mulch shall be placed to cover the ground under and around plants and in areas without plants at a depth of four inches for wood bark or chips and at a depth of twice the size of any gravel or small stone mulch but in no case less than three inches thick. The planning commission may reduce the eight foot setback for access lanes if it is determined that the accessway is adequately screened, the proximity and amount of traffic will not adversely impact existing neighboring uses, and there is adequate landscaping to soften the appearance of the access area (see illustrations below).

      4.   Landscaped islands shall be required at the end of each row of stalls if the row exceeds 10 parking stalls in length. A row of parking that has over 20 parking stalls shall have one landscaped island placed between every 20 stalls in the row. Required parking areas shall install landscaped islands with raised curbs. Islands shall not be placed over hard surface. The landscaped island shall be a minimum width of nine feet and a minimum length of 18 feet. Landscaping in the islands shall be limited to the required trees and either rock mulch or water- wise shrubs installed as the ground cover in the islands. Trees and shrubs shall be irrigated by an appropriate drip irrigation system.

      5.   All development shall provide a clearly defined four foot wide sidewalk connection from parking lots to building entrances that utilize a different material or texture than the paved parking area.

      6.   Bicycle parking is required for all developments:

         a.   Residential developments shall provide one secure bicycle parking space for every four dwelling units not provided with a garage space. The parking space shall be capable of fully enclosing the bicycle in a locked area, such as in an enclosed storage room or bicycle locker. This does not include interior living spaces or balconies.

         a.   Projects providing garage spaces for individual dwelling units shall install either a 120v or 240v receptacle in each garage to allow the tenant to connect an electrical vehicle charger; and

         b.   Projects with 30 or more dwelling units without individual garage spaces shall provide at least one electrical vehicle charging stall plus one EV-capable stall for every 30 dwelling units without garage space.

         c.   When measurements determining number of required parking spaces result in a fractional space, any fraction up to one-half shall be disregarded, and fractions including one-half and over shall require one parking space.

      8.   For parking that takes place above grade but below residential building units (other than townhomes), the parking must be screened from the public street with storefronts, units, or similar to adequately screen the parking lot from view.

      9.   One covered parking space is required per dwelling unit.

      1.   Required Yard Setbacks: All required yard setbacks shall be landscaped. All minimum front yard, side yard, and street facing side yard setback areas 15 feet or less shall be landscaped only with water-wise landscaping. Plant selections shall be those plants listed as water-wise by various regional resources as acceptable plantings for northern Utah climate and irrigated by a drip irrigation system that meets the requirements found in Chapter 15-28.

      2.   At least 50% of the dwelling units shall include balconies of a minimum depth of six feet and width of eight feet or front or rear patio of a minimum 100 square feet with a minimum three foot high boundary fence.

      3.   All group dwelling developments shall include a centrally located usable outdoor exterior plaza or gathering area, accessible to all residents, that includes the following:

         a.   All group dwelling developments shall include a minimum of 400 square feet of outdoor plaza or gathering space for the first 10 dwelling units;

         b.   For every 20 dwelling units (or portion thereof), in addition to the first 10 dwelling units, an additional 400 square feet of outdoor plaza or gathering space shall be provided. The additional space may either be combined with or separate from the initial outdoor space;

         c.   Except for garden areas, recreational fields or courts, and outdoor pools, the outdoor spaces shall be designed to include shade features such as trees, awnings, trellis or shade screens;

         d.   The outdoor plazas or gathering areas shall include at least three of the following items:

            (1)   playground with a 300 square foot minimum area. The surface area under the playground shall be a non-plant cushioned surface;

            (2)   gas fire pit with seating and a paved area with at least a 15 foot radius;

            (3)   three or more benches or seating for at least six people in all;

            (4)   two or more tables with chairs;

            (5)   water feature designed to take into account the scale of the space in which it is located;

            (6)   artistic display such as a sculpture or mural designed to take into account the scale of the space in which it is located;

            (7)   permanent game area with equipment, such as shuffleboard, or chess/checkers tables;

            (8)   community garden and shed area 30 square feet per 20 units);

            (9)   outdoor grill at one grill for every 40 units or portion thereof;

            (10)   a Swimming pool that is a minimum of 600 square feet, with a surrounding eight foot pool deck and dedicated restrooms.

      4.   All dwelling units shall be within 1,000 feet of a recreational open space.

      5.   A minimum four foot wide sidewalk is required from all building entrances to on-site landscape amenities such as playgrounds, sitting/dining areas, etc.

      6.   Parkways: All parkways (the area between the curb and sidewalk) within the public right of way that abut the development shall be landscaped only with water-wise landscaping according to Subsection 15-13-16.A. Plant selections shall be those plants listed as water-wise by various regional resources as acceptable plantings for northern Utah climate and irrigated by an acceptable drip irrigation system that meets the requirements found in Chapter 15-28 and two inch caliper shade trees spaced no farther than 40 feet apart on center. Street trees are required along interior roads whether public or private with a maximum spacing of 40 feet on center. A "private road" shall be defined as any interior road that is accessed from a public street, no parking backs onto the road, and is used for primary circulation within the development.

      7.   Incorporation Of Natural Features: Developments shall be designed to incorporate existing trees, clusters of trees or clusters of shrubs and natural settings along rivers, streams or canals. Significant trees and significant groves shall be preserved to the extent reasonably feasible. Existing trees and shrubs within areas that can be developed (excluding river setbacks/buffer zones, floodways and wetlands areas) may be used to satisfy the landscaping requirements of this section. All required landscape plans shall accurately identify the locations, species, size, condition and proposed disposition of all significant trees or significant groves. The planning commission shall review the appropriateness of removal of portions of these types of vegetation if removal is planned. The planning commission may approve removal of some or all vegetation based on a determination of the benefits of the existing plant material and the efforts made to save and incorporate the existing plant material into the design of the project versus the problems the plant materials may create for the project in terms of general construction techniques, impact removal will have to the character of the area, the topography of the site, and harmful conditions the vegetation may create. If existing vegetation is removed prior to submittal or not in keeping with the approved plan, the maximum density allowed for the development shall be the area requirement for single-family units in the zone of the project.

      8.   Use Of Turf Grass Limited: All required landscaping areas in front yard setbacks, side yard setbacks and side yard setbacks facing a street as well as landscaped areas between buildings and parking, buildings and street, parking and property lines, buildings or parking and access lanes and spaces less than 15 feet between buildings shall be landscaped only with water-wise landscaping. Plant selections shall be those plants listed as water-wise by various regional resources as acceptable plantings for northern Utah climate and irrigated by an acceptable drip irrigation system that meets the requirements found in Chapter 15-28. The water-wise shrubs shall be spaced so that at mature growth they cover a minimum of 50% of the planter surface area and irrigated by a drip irrigation system. Mulch shall be placed to cover the ground under and around plants and in areas without plants at a depth of four inches for wood bark or chips and at a depth of twice the size of any gravel or small stone mulch but in no case less than three inches thick. The use of turf grass is limited to areas of high foot traffic and recreational areas and landscape area outside of high foot traffic and recreational areas shall not exceed 20% of the total landscaped area of the development. For development over 100 units, additional turf grass may be permitted if limited to outdoor recreation areas in the development.

      9.   Minimum Plantings Required:

         a.   All areas of a developed site not occupied by buildings, required parking, driveways, walkways, or service areas shall be landscaped according to an approved landscaping plan. The plan shall meet the landscaping requirements for multiple-family residential development in Subsection 15-4-5.E. These areas may also incorporate hardscape for patios, plazas, and courtyards.

         b.   Outdoor recreation spaces shall be landscaped with deciduous trees that have a minimum two inch caliper and evergreen trees that are at least six feet in height based on the following formula: T= the total number of required trees (rounded to the nearest tenth decimal) and A = the total combined recreational open space and landscape area in square feet:

 

 

      Example: (T) 15 Trees = (A)15,000 s.f. ÷ ((0.008 x (A)15,000 s.f.) + 880)

      10.   Minimum Landscaped Area Abutting Parking Or Access Lanes: A minimum six foot landscaped area excluding sidewalk shall be provided between the unit and any surface parking or access lanes.

      11.   Entrance Feature Required: An entrance feature to the development is required. The minimum entrance feature shall consist of a monument sign naming the development surrounded by a variety of ground covers, shrubs and trees.

      12.   Screened Enclosures: All dumpsters shall be stored in screened enclosures that are architecturally compatible in style and materials with the architecture of the development. Dumpsters shall be located so they are not in the required setback areas, not visible from the public street and do not restrict vehicular parking or circulation.

      13.   Stormwater Detention Facilities: Stormwater detention facilities are designed and used for multiple functions. The design of the facility shall blend in with the overall theme of the open space. Factors that will be used in determining compliance may include, but not be limited to, freeform design, grading and landscaping to provide gradual transitions, or artistic design elements.

      14.   Neighborhood Group Dwellings: Neighborhood group dwelling's outdoor recreation space shall meet the requirements of Subsection H.3, but shall not be required to provide open space based on number of units as required by Subsection H.3(a) or (b). Neighborhood group dwellings shall include outdoor recreation space at a minimum of 15% of the total development area.

         a.   The outdoor recreation space shall be delineated by a sidewalk, decorative fence, or natural feature to distinguish common area for all residents from private outdoor space.

         b.   The required yard setbacks from property lines shall not be included in meeting the 15% outdoor recreation space minimum unless it is 20 feet wide and designed for outdoor recreation use. Linear space between buildings may be considered outdoor recreation space if it includes an area with turf grass that is 15 feet or wider, is delineated from private outdoor space and protects the privacy of adjacent residents.

         c.   If neighborhood group dwellings include private outdoor living space (private patio, front court, or similar) for individual units, then 30% of the private outdoor living space may count towards the 15% outdoor recreation space minimum.

         d.   The private outdoor living space shall include either a covered porch with a six foot minimum depth, or a front court, patio, or similar area with a 100 square foot minimum area in order to count towards the 30% outdoor recreation space minimum. These areas must be shown as limited common areas on the final plat.

         e.   The outdoor recreation space minimum shall not include sensitive lands areas, such as wetlands, ridge lines, or steep slopes that are greater than 30%. The outdoor recreation space shall be designed to provide usable recreational open space to owners and guests for activities such as sports, picnics, child play, or gardening. It may include hard surfaces such as sports courts or patios.

      1.   Requirements: The portions of the development that do not front a street shall be fenced with a maximum seven foot high fence. The fence needs to be constructed out of either masonry, wood, vinyl or black powder coated chainlink. Fencing in the front yard is optional. The maximum height for a fence in the front yard setback is four feet high. Front yard fencing shall be constructed out of masonry, wood, vinyl or decorative wrought iron.

      2.   Exceptions; Maintenance; Waivers:

         a.   The planning commission may vary the height of the fence fronting a street if the buildings do not front the street and it is determined the proposed fence design, materials, and location will not create a safety hazard due to obstructed vision of approaching vehicles or pedestrians and will:

            (1)   not isolate the surrounding neighborhoods;

            (2)   be consistent with the theme of the development; and

            (3)   be compatible with the neighborhood.

         b.   If fencing isolates property between the fence and the public street, the development shall provide a means to ensure continued maintenance of this area.

         c.   The planning commission may waive the seven foot high fencing requirement provided it is determined that:

            (1)   waiving such fencing will not impact adjoining properties by creating potential trespassing conditions; and

            (2)   there is a natural or manmade feature that fencing would hinder access to or damage the aesthetic attributes of the feature as it relates to the development.

      1.   laundry hook-ups provided in each dwelling unit.

      2.   in multiple-family dwellings of 20 or more units:

         a.   on site management office; and

         b.   common room available for reservation for large gatherings with:

            (1)   kitchen area;

            (2)   couch/sitting area;

            (3)   dining area;

            (4)   game area (ping-pong, billiards, etc.).

(Ord. 2015-23, 5-26-2015; amd. Ord. 2020-48, 10-6-2020; Ord. 2022-34, 7-5-2022; Ord. 2024-4, 2-20-2024)

      1.   Two Step Process: The group dwelling process consists of a two (2) step review process. The first step is submission and review of a preliminary plan conditional use permit. The purpose of this review is to determine general compliance with the regulations of this chapter and the appropriateness of the development through a conditional use permit review. The second step is submission and review of a final plan. The purpose of the final review is to ensure all conditions and details needed to build the project are met. For group dwellings that are permitted uses (eight or less total units in the R-3 or higher zone) compliance with Sections 15-10-3, 15-10-4, 15-10-7 and 15-10-8 are required for approval.

      2.   Group Dwelling Condominiums: If the development is to be developed as a condominium, the condominium approval process can either occur together with the general approval process or as a condominium conversion after development approvals have been given.

      3.   Private Subdivision: A group dwelling may not be subdivided with individual lots unless it complies with the conditions of final approval and the requirements of Title 14, Chapter 5. Any subdivision of existing group dwelling construction shall first comply with the requirements of the building code, as adopted by Title 16, Chapter 2, or its successor provisions, regarding construction in relation to property lines.

      1.   the property boundary location, direction and length;

      2.   contour lines at no greater than five foot intervals if there is more than a 10 foot grade difference on any portion of the site;

      3.   existing vegetation, buildings, canals, ditches, streams, easements, utility poles, or other existing features whether manmade or natural;

      4.   any adjacent buildings, parking lots, streets, sidewalks and curbs within 30 feet of the property boundary;

      5.   the proposed location of buildings, parking, carports, driveways, sidewalks and fences. These shall be dimensioned. The distance of these items from property lines and from each other shall also be dimensioned;

      6.   a general landscaping plan that shows areas to be landscaped, general types of landscaping to be used (i.e., trees, shrubs and grass), areas to be preserved in their existing conditions, and any open space amenities;

      7.   a table that indicates total acreage of the development, total hard surface, building coverage and landscape area square footage;

      8.   preliminary building elevations of all four sides and the types of materials proposed to be used on the building;

      9.   preliminary utility plan showing the manner in which water, sewer and storm sewer services will be provided; and

      10.   if located in the sensitive area overlay zone, all necessary reports or information required for compliance with the sensitive area overlay zone.

      1.   meets the minimum lot area and design standard requirements of this chapter;

      2.   provides an adequate interior traffic circulation system that does not adversely impact neighboring properties. In considering impacts to the neighbors, such things as car lights, visibility of parking areas, screening, access location and distance of parking areas from neighboring buildings shall be considered;

      3.   interrupts or restricts future local or community traffic patterns;

      4.   site design is compatible with the topography and other existing features of the site;

      5.   architecture is compatible with the character of the neighborhood. In determining compatibility, the planning commission shall consider types of building materials, color, architectural relief to the face of the building, roof style and height of the building;

      6.   site design and building design does not adversely impact neighboring properties. Such things as building location and orientation, landscaping, screening, privacy and other specific site issues shall be considered in determining if the neighborhood is adversely impacted beyond permitted development possibilities;

      7.   open space development meets the needs of the residents of the development by providing private outdoor areas, common play areas and areas of interest;

      8.   meets the design requirements of this chapter.

   D.   Final Development Plan Submission: Once preliminary plan/conditional use permit approval has been given, a final development plan shall be submitted for review and approval. The final plan shall meet all the conditions established when the preliminary plan/conditional use permit was approved. A small lot group dwelling may submit for a conditional use permit/final approval without going through the preliminary plan/conditional use review, provided the submitted plan has all information needed as required for submittal for both approval processes. Only upon approval of the final development plan shall the conditional use become effective. The final development plan shall include the following accurate information:

      1.   the property boundary with bearings and length of each property line;

      2.   final site grading plan at no more than two foot contour intervals showing all walls, cuts and fills proposed;

      3.   a detailed site plan showing the precise location and size of all buildings and structures, parking areas, access lanes, canals, ditches, streams, easements, utility poles, sidewalks, and public street, curb, gutter and sidewalk;

      4.   a final landscape plan showing the location, types and sizes of all plant material;

      5.   final building elevations of all four sides and the types of materials proposed to be used on the building;

      6.   detailed engineering plan including site drainage, street improvements, and utility plans (showing location, sizes and slopes of lines); and

      7.   all conditions established with the preliminary plan conditional use permit approval.

      1.   whether or not the issues addressed as conditions for preliminary plan/conditional use permit have been adequately addressed.

      2.   any changes from the preliminary plan/conditional use permit that are now being proposed by the developer.

      3.   compliance with all applicable requirements of this chapter and the development code.

(Ord. 2011-39, 6-28-2011; amd. Ord. 2024-4, 2-20-2024)

(Ord. 2004-28, 7-13-2004; amd. Ord. 2022-20, 5-3-2022; Ord. 2024-4, 2-20-2024)

   A.   Prior to issuance of any building permit on the property approved for a group dwelling, a financial guarantee in accordance with Section 15-13-23 shall be required. The guarantee shall be sufficient to cover the cost of all infrastructure, right of way improvements and publicly maintained landscaping shown on the final approved plan. Unless otherwise approved pursuant to Subsection B, landscaping and site improvements shall be installed prior to occupancy of any structure within the group dwelling unless inclement winter weather prevents their completion. In no case shall time for completion be extended beyond June 1 immediately following the completion date. If the development is to occur in phases, then the landscaping and other improvements that make the phase functional shall be installed prior to occupancy.

   B.   In a neighborhood group dwelling, the director, or the director's designee, may approve occupancy of one or more of the buildings without completion of all improvements, if all of the following required improvements have been installed and determined to be in compliance with the approved plan and an adequate financial guarantee is in place to ensure completion of the remaining improvements:

      1.   all private roads and utilities within the group dwelling;

      2.   all landscaping within the common open space to be established for the entirety of the group dwelling and along the private roads;

      3.   entryway signage and associated landscaping;

      4.   all accessways and parking associated with the building to be occupied; and

      5.   all landscaping around and associated with the building to be occupied.

(Ord. 2004-28, 7-13-2004; amd. Ord. 2024-4, 2-20-2024)

In case of failure or neglect to comply with any and all of the provisions of this chapter and the conditions and stipulations herein established and as specifically made applicable to a group dwelling, the building official shall not authorize occupancy of any structure. Such failure or neglect shall be cause for termination of the approval of the project. Such failure or neglect to comply with the requirements and to maintain the buildings and premises in accordance with the conditions or approval thereafter shall also be deemed to be a violation of this chapter.

(Ord. 2004-28, 7-13-2004; amd. Ord. 2024-4, 2-20-2024)

A conditional use permit may be revoked if any of the conditions or terms are violated; however, the holder of the permit shall first be afforded an opportunity to be heard before the planning commission and show cause as to why the permit should not be revoked. A violation of a condition or term of a permit shall constitute a violation of this code, and the revocation of a permit shall not prohibit prosecution or any other legal action taken on account of the violation. The decision of the planning commission to revoke a conditional use permit may be appealed to the mayor, in writing, within 15 days of the planning commission's decision.

Violations of any plan approved under this chapter or of the conditional use permit issued in accordance with the provisions of this chapter, or failure to comply with any requirements of this chapter, including any agreements and conditions attached to any approved plan or permit, shall be considered a violation of this title as provided in Section 15-1-14.

(Ord. 2004-28, 7-13-2004; amd. Ord. 2024-4, 2-20-2024)