And Industrial Development
The purpose of this Chapter is to define the requirements, approval process, design elements and appeals process for commercial, industrial, manufacturing, research and development projects and site plans. It is the intention of this Chapter to provide an efficient, yet thorough development review and allow the applicant to obtain approval of a building permit in a timely manner.
Each commercial, industrial, manufacturing, or research and development project reviewed under this Chapter is also subject to the requirements of the zone in which the proposed project is located. Except as approved in accordance with PCC 13.14.240, no residential use shall be allowed in a new commercial structure or a non-conforming residential structure that has been converted into a commercial use.
Any commercial or industrial development may be subject to more specific development and improvement standards approved by the City Council. In the case of conflict, the stricter of either this Chapter or the specific development standards will apply. More specific development regulations include, but are not limited to:
The nature of commercial and industrial developments creates a situation where each project is unique and the approval process is dissimilar. For instance, some developments require the division of land into separate ownership and other projects are intended to remain in the ownership of a single entity. Regardless of the approval process and ownership status, the development improvements required to provide effective municipal services is constant. These standards have been established in part in this Title, but are primarily included in PCC 12, Subdivision Ordinance. Therefore, each commercial project will be reviewed for compliance with this Title and the applicable regulations of PCC 12, Subdivision Ordinance including, but not limited to, the following:
In addition to the requirements of this Title and PCC 12, Subdivision Ordinance, each commercial or industrial development may, as applicable, be required to satisfy the following provisions:
The commercial and industrial design elements serve to enhance the built environment in the most visible and active areas of the community. A predictable and organized development pattern accomplishes more than just improved aesthetics. The design elements create a cohesive development pattern, improve traffic flow, provide safeguards for patrons, and encourage attractive buildings and landscaping.
These elements are intended to be consistent with PCC 13.32, Signs and Outdoor Advertising herein. Harmonized signage reduces visual clutter and allows each business to be readily identified without confusion or blockage of sight lines.
The applicant shall post a performance guarantee in the form of a cash bond or irrevocable line of credit at the time of development approval for all improvements, project amenities (i.e. fencing, trails, playground equipment, clubhouse or other buildings owned in common and required project landscaping), and any other items specifically included in a Development Agreement between the City and the applicant for development approval. The estimated amount shall be reviewed by the City Engineer and shall be sufficient to assure to the municipality the satisfactory construction, installation, and dedication of the uncompleted portion of required improvements and completion of project landscaping. The amount of the guarantee shall be equal to one hundred ten (110) percent of the estimated cost of the required improvements, amenities and project landscaping as determined by the City Engineer.
The posting of guarantees is in lieu of actual construction and are therefore established for the benefit of and to insure to the public at large. As such, the guarantee shall not to be used for satisfying contractor or mechanics liens or other unrelated obligations. The performance guarantee shall comply with all statutory requirements and shall be satisfactory to the City Attorney as to form, sufficiency, and manner of execution as set forth by the City Attorney.
The period within which required improvements must be completed shall be one (1) year unless otherwise specified by the City Council upon development approval and shall be incorporated in the guarantee. The City Council may, given a valid reason, extend the completion date set forth in such guarantee for a maximum period of one additional year. The City Council may at any time during the period of such guarantee accept a substitution of principal or sureties.
All projects that require a performance guarantee in accordance with this ordinance are subject to payment of a public works inspection fee for the inspection and approval of the required improvements consistent with PCC 13.06.070.
Under some circumstances, the City may authorize the actual construction of required public improvements in-lieu of posting a performance guarantee as outlined in PCC 12.50.030. Once a bonding option is selected, the applicant is not permitted to move from an in-lieu guarantee to a traditional guarantee or vice versa. The applicant and the City acknowledge that the bonding option chosen will remain the same for the duration of the project.
Any applicant or person aggrieved by any application processed under this Chapter shall appeal the decision to the City Council within fourteen (14) days of the decision.
The site plan review process is established to help ensure that new development and improvements for existing properties will be consistent with the Payson City General Plan, adopted ordinances and standards, and will contribute to the overall health, safety and general welfare of Payson City. To that end, site plan review shall be required for:
Any construction activities not in conformance with an approved commercial site plan shall be considered a violation of this Title. Any building permit issued shall ensure that development is undertaken and completed in conformity with the plans as approved, which will be reviewed to ensure that all alterations will result in compliance with all building and fire code regulations and satisfaction of all provisions of the Payson City development ordinances including, but not limited to the following:
The City Council may choose to enter into a Deferred Improvement Agreement with the property owner to establish a schedule and guarantees for the installation of required improvements. At a minimum, the agreement shall include a description of required improvements, time frame for completion, and remedies to ensure completion of improvements. The agreement shall be recorded in the office of the Utah County Recorder and shall run with the land.
Each applicant for review of a site plan shall submit a complete application form available from the Development Services Department and submit payment of the associated development review fee(s) in accordance with the adopted fee schedule resolution of Payson City. The application shall include a title report that indicates any covenants, declarations, easements, right-of-ways, dedications, or other similar encumbrances that must be accommodated or addressed prior to improvement of the property.
Any applicant subject to the provisions of this Chapter must submit a business statement that provides detail about the anticipated business activities, the expected number of employees, demonstration of zoning compliance, future expansion plans, and any other information that can be used to ensure proper review. The business statement should represent both the immediate and anticipated future business practices and will be reviewed regularly to ensure that the business complies with the business statement. Future uses may be limited to those indicated in the business statement.
Any proposed commercial, industrial, manufacturing, or research and development building or site plan may be approved administratively by City staff in accordance with all local, state, and federal laws, ordinances, and resolutions provided the use of the structure(s) is a permitted use in the zoning district. On large commercial projects, staff will provide information to the Planning Commission and City Council at their regular meetings regarding the proposed site plan, building locations and, if known, types of businesses.
Any project determined by staff likely to have a significant impact on traffic, environmental quality, lighting, compatibility of uses, or the health, safety, or general welfare of the surrounding properties, property values, or residents shall be submitted to the Planning Commission and City Council for their review. The Planning Commission may recommend and the City Council may hold a public hearing on any proposed commercial or industrial development in any zone of Payson City.
The following list represents development approvals that will not be processed administratively. The developments must receive a recommendation from the Planning Commission following a public hearing and approval from the City Council.
In accordance with PCC 13.20.270, the City Council may choose to enter into a development agreement to clarify the obligations of Payson City and the applicant for development approval. If a development agreement is deemed necessary by the City Council, failure by the applicant to enter into a development agreement may be grounds for denial of the development proposal.
Any lot or parcel with any primary use requires a primary building on a permanent foundation except for any temporary or transient business authorized by PCC 3, Business License Ordinance, or any use listed in Appendix A under “Communications Facilities”, “Bus passenger terminals”, and “Utilities.
For more than one hundred and fifty years, the community has been shaped by the location of major thoroughfares and the built environment. Over time both of these defining elements have significantly transformed, but remain critical in the development pattern of the City. The construction of Interstate 15 has pulled from the central commercial core of historic Main Street and extended commercial corridors to the high volume interchanges on north Main Street and 800 South. The traditional State Route 198 entering from the east through Salem City and exiting the community heading south toward Santaquin City continues to serve as an important commercial corridor. Industrial development encouraged west of Interstate 15 by the General Plan is reasonably separated from current residential development, but encroachment of incompatible land uses is a concern.
The purpose of these design elements is to link these areas together with effective transportation patterns, architectural cohesiveness, appropriate land use transitions, and a balance of the architectural heritage and modern design of the built environment. Together, the existing and anticipated structures will retain and create the fabric of the City. Transitions between zoning districts and architectural styles should seem natural and rational. Finally, the design elements will provide mechanisms to blend the commercial and industrial development into the primarily residential nature of the City.
The intention of this Section includes an effort to determine the appropriate amount of area in each commercial and industrial zone to serve the City now and in the future, and the desirable amount of each commercial use. Other intentions include an effort to avoid congestion, create a healthy business environment with ample competition but lack of over-saturation, and to improve the quality of life for the residents of the community by balancing the tax base, providing employment opportunities, and a variety of retail options. In order to accomplish these intentions, this Section provides general elements for all commercial and industrial development in the City.
As a development site plan is created, there are many considerations that should be incorporated including, but not limited to, the following:
A properly functioning parking lot is a benefit for the property owner, tenants, and customers. A parking lot needs to allow customers and deliveries to reach the site, circulate through the parking lot, and exit the site easily. Clear, easy to understand circulation should be designed into the project to allow drivers and pedestrians to move through the site without confusion.
The requirements in this Section apply to all parking lots for commercial and industrial use. It is intended that the requirements of this Section complement the standards set forth in PCC 13.10. If any two requirements are inconsistent, the stricter of the two requirements shall govern.
If enacted in a particular zone, all developments shall satisfy the design elements and standards adopted by the City. Design requirements may include restrictions on building size, colors, styles, lighting, and other design criteria. The Design Standards for the Payson City Business Park shall be followed for any development in the park.
If specific design standards have not been imposed by the City Council, all developments shall be reviewed for compatibility with surrounding uses in respect to building size, traffic circulation, massing, uses, colors, lighting and any other appropriate design review. Each applicant for site plan review will submit a colors and materials board together with a color rendition of all proposed structures for review and approval in accordance with this Title.
Landscaped areas are used to frame and soften structures, to define site functions, to enhance the quality of the environment, and to screen undesirable views. Landscaping should express the three dimensions of the project and should continue patterns of landscaping in the surrounding area.
There are accessory design elements that serve to provide details that create a pleasing and attractive project. When properly included in the design of the development, these details will improve the experience for patrons, employees, and visitors to the site.
The City is not obligated to approve the request to locate newspaper, real estate, trade leaflet, or other similar distribution racks in any location if it is determined that there is an overabundance of racks in a particular location, the racks are inconsistent with the objectives of the development, the racks are adjacent to or near residential properties, or the racks may cause unsafe driving practices for patrons frequenting the racks.
And Industrial Development
The purpose of this Chapter is to define the requirements, approval process, design elements and appeals process for commercial, industrial, manufacturing, research and development projects and site plans. It is the intention of this Chapter to provide an efficient, yet thorough development review and allow the applicant to obtain approval of a building permit in a timely manner.
Each commercial, industrial, manufacturing, or research and development project reviewed under this Chapter is also subject to the requirements of the zone in which the proposed project is located. Except as approved in accordance with PCC 13.14.240, no residential use shall be allowed in a new commercial structure or a non-conforming residential structure that has been converted into a commercial use.
Any commercial or industrial development may be subject to more specific development and improvement standards approved by the City Council. In the case of conflict, the stricter of either this Chapter or the specific development standards will apply. More specific development regulations include, but are not limited to:
The nature of commercial and industrial developments creates a situation where each project is unique and the approval process is dissimilar. For instance, some developments require the division of land into separate ownership and other projects are intended to remain in the ownership of a single entity. Regardless of the approval process and ownership status, the development improvements required to provide effective municipal services is constant. These standards have been established in part in this Title, but are primarily included in PCC 12, Subdivision Ordinance. Therefore, each commercial project will be reviewed for compliance with this Title and the applicable regulations of PCC 12, Subdivision Ordinance including, but not limited to, the following:
In addition to the requirements of this Title and PCC 12, Subdivision Ordinance, each commercial or industrial development may, as applicable, be required to satisfy the following provisions:
The commercial and industrial design elements serve to enhance the built environment in the most visible and active areas of the community. A predictable and organized development pattern accomplishes more than just improved aesthetics. The design elements create a cohesive development pattern, improve traffic flow, provide safeguards for patrons, and encourage attractive buildings and landscaping.
These elements are intended to be consistent with PCC 13.32, Signs and Outdoor Advertising herein. Harmonized signage reduces visual clutter and allows each business to be readily identified without confusion or blockage of sight lines.
The applicant shall post a performance guarantee in the form of a cash bond or irrevocable line of credit at the time of development approval for all improvements, project amenities (i.e. fencing, trails, playground equipment, clubhouse or other buildings owned in common and required project landscaping), and any other items specifically included in a Development Agreement between the City and the applicant for development approval. The estimated amount shall be reviewed by the City Engineer and shall be sufficient to assure to the municipality the satisfactory construction, installation, and dedication of the uncompleted portion of required improvements and completion of project landscaping. The amount of the guarantee shall be equal to one hundred ten (110) percent of the estimated cost of the required improvements, amenities and project landscaping as determined by the City Engineer.
The posting of guarantees is in lieu of actual construction and are therefore established for the benefit of and to insure to the public at large. As such, the guarantee shall not to be used for satisfying contractor or mechanics liens or other unrelated obligations. The performance guarantee shall comply with all statutory requirements and shall be satisfactory to the City Attorney as to form, sufficiency, and manner of execution as set forth by the City Attorney.
The period within which required improvements must be completed shall be one (1) year unless otherwise specified by the City Council upon development approval and shall be incorporated in the guarantee. The City Council may, given a valid reason, extend the completion date set forth in such guarantee for a maximum period of one additional year. The City Council may at any time during the period of such guarantee accept a substitution of principal or sureties.
All projects that require a performance guarantee in accordance with this ordinance are subject to payment of a public works inspection fee for the inspection and approval of the required improvements consistent with PCC 13.06.070.
Under some circumstances, the City may authorize the actual construction of required public improvements in-lieu of posting a performance guarantee as outlined in PCC 12.50.030. Once a bonding option is selected, the applicant is not permitted to move from an in-lieu guarantee to a traditional guarantee or vice versa. The applicant and the City acknowledge that the bonding option chosen will remain the same for the duration of the project.
Any applicant or person aggrieved by any application processed under this Chapter shall appeal the decision to the City Council within fourteen (14) days of the decision.
The site plan review process is established to help ensure that new development and improvements for existing properties will be consistent with the Payson City General Plan, adopted ordinances and standards, and will contribute to the overall health, safety and general welfare of Payson City. To that end, site plan review shall be required for:
Any construction activities not in conformance with an approved commercial site plan shall be considered a violation of this Title. Any building permit issued shall ensure that development is undertaken and completed in conformity with the plans as approved, which will be reviewed to ensure that all alterations will result in compliance with all building and fire code regulations and satisfaction of all provisions of the Payson City development ordinances including, but not limited to the following:
The City Council may choose to enter into a Deferred Improvement Agreement with the property owner to establish a schedule and guarantees for the installation of required improvements. At a minimum, the agreement shall include a description of required improvements, time frame for completion, and remedies to ensure completion of improvements. The agreement shall be recorded in the office of the Utah County Recorder and shall run with the land.
Each applicant for review of a site plan shall submit a complete application form available from the Development Services Department and submit payment of the associated development review fee(s) in accordance with the adopted fee schedule resolution of Payson City. The application shall include a title report that indicates any covenants, declarations, easements, right-of-ways, dedications, or other similar encumbrances that must be accommodated or addressed prior to improvement of the property.
Any applicant subject to the provisions of this Chapter must submit a business statement that provides detail about the anticipated business activities, the expected number of employees, demonstration of zoning compliance, future expansion plans, and any other information that can be used to ensure proper review. The business statement should represent both the immediate and anticipated future business practices and will be reviewed regularly to ensure that the business complies with the business statement. Future uses may be limited to those indicated in the business statement.
Any proposed commercial, industrial, manufacturing, or research and development building or site plan may be approved administratively by City staff in accordance with all local, state, and federal laws, ordinances, and resolutions provided the use of the structure(s) is a permitted use in the zoning district. On large commercial projects, staff will provide information to the Planning Commission and City Council at their regular meetings regarding the proposed site plan, building locations and, if known, types of businesses.
Any project determined by staff likely to have a significant impact on traffic, environmental quality, lighting, compatibility of uses, or the health, safety, or general welfare of the surrounding properties, property values, or residents shall be submitted to the Planning Commission and City Council for their review. The Planning Commission may recommend and the City Council may hold a public hearing on any proposed commercial or industrial development in any zone of Payson City.
The following list represents development approvals that will not be processed administratively. The developments must receive a recommendation from the Planning Commission following a public hearing and approval from the City Council.
In accordance with PCC 13.20.270, the City Council may choose to enter into a development agreement to clarify the obligations of Payson City and the applicant for development approval. If a development agreement is deemed necessary by the City Council, failure by the applicant to enter into a development agreement may be grounds for denial of the development proposal.
Any lot or parcel with any primary use requires a primary building on a permanent foundation except for any temporary or transient business authorized by PCC 3, Business License Ordinance, or any use listed in Appendix A under “Communications Facilities”, “Bus passenger terminals”, and “Utilities.
For more than one hundred and fifty years, the community has been shaped by the location of major thoroughfares and the built environment. Over time both of these defining elements have significantly transformed, but remain critical in the development pattern of the City. The construction of Interstate 15 has pulled from the central commercial core of historic Main Street and extended commercial corridors to the high volume interchanges on north Main Street and 800 South. The traditional State Route 198 entering from the east through Salem City and exiting the community heading south toward Santaquin City continues to serve as an important commercial corridor. Industrial development encouraged west of Interstate 15 by the General Plan is reasonably separated from current residential development, but encroachment of incompatible land uses is a concern.
The purpose of these design elements is to link these areas together with effective transportation patterns, architectural cohesiveness, appropriate land use transitions, and a balance of the architectural heritage and modern design of the built environment. Together, the existing and anticipated structures will retain and create the fabric of the City. Transitions between zoning districts and architectural styles should seem natural and rational. Finally, the design elements will provide mechanisms to blend the commercial and industrial development into the primarily residential nature of the City.
The intention of this Section includes an effort to determine the appropriate amount of area in each commercial and industrial zone to serve the City now and in the future, and the desirable amount of each commercial use. Other intentions include an effort to avoid congestion, create a healthy business environment with ample competition but lack of over-saturation, and to improve the quality of life for the residents of the community by balancing the tax base, providing employment opportunities, and a variety of retail options. In order to accomplish these intentions, this Section provides general elements for all commercial and industrial development in the City.
As a development site plan is created, there are many considerations that should be incorporated including, but not limited to, the following:
A properly functioning parking lot is a benefit for the property owner, tenants, and customers. A parking lot needs to allow customers and deliveries to reach the site, circulate through the parking lot, and exit the site easily. Clear, easy to understand circulation should be designed into the project to allow drivers and pedestrians to move through the site without confusion.
The requirements in this Section apply to all parking lots for commercial and industrial use. It is intended that the requirements of this Section complement the standards set forth in PCC 13.10. If any two requirements are inconsistent, the stricter of the two requirements shall govern.
If enacted in a particular zone, all developments shall satisfy the design elements and standards adopted by the City. Design requirements may include restrictions on building size, colors, styles, lighting, and other design criteria. The Design Standards for the Payson City Business Park shall be followed for any development in the park.
If specific design standards have not been imposed by the City Council, all developments shall be reviewed for compatibility with surrounding uses in respect to building size, traffic circulation, massing, uses, colors, lighting and any other appropriate design review. Each applicant for site plan review will submit a colors and materials board together with a color rendition of all proposed structures for review and approval in accordance with this Title.
Landscaped areas are used to frame and soften structures, to define site functions, to enhance the quality of the environment, and to screen undesirable views. Landscaping should express the three dimensions of the project and should continue patterns of landscaping in the surrounding area.
There are accessory design elements that serve to provide details that create a pleasing and attractive project. When properly included in the design of the development, these details will improve the experience for patrons, employees, and visitors to the site.
The City is not obligated to approve the request to locate newspaper, real estate, trade leaflet, or other similar distribution racks in any location if it is determined that there is an overabundance of racks in a particular location, the racks are inconsistent with the objectives of the development, the racks are adjacent to or near residential properties, or the racks may cause unsafe driving practices for patrons frequenting the racks.