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Plain City City Zoning Code

CHAPTER 8

REGULATIONS APPLICABLE TO ALL ZONES

10-8-1: APPLICABILITY:

The regulations hereinafter set forth in this chapter qualify or supplement, as the case may be, the zone regulations contained elsewhere in this title. (Ord., 11-14-1974)

10-8-2: USE REGULATIONS:

The requirements of this title and the minimum site development standards herein shall not be construed to prevent a use which was permitted in a respective zone of any parcel of land in the event such land was held in separate ownership prior to May 13, 1965. Each such parcel to be developed must have not less than sixteen feet (16') of frontage on a street, or as approved by the hearing officer, and the density of development may not exceed that permitted by area requirements in the respective zone. (Ord., 11-14-1974; amd. Ord. 2020-09, 5-21-2020)

10-8-3: MAIN BUILDING REGULATIONS:

Every main building shall be located and maintained on a "lot", as defined in section 10-2-1 of this title, and every lot shall have required frontage on a "street", as defined in section 10-2-1 of this title, except as follows: (Ord. 2003-10, 11-20-2003, eff. 11-20-2003)
   A.   Where a parcel of land was in separate ownership prior to as described in section 10-8-2 of this chapter; and (Ord., 11-14-1974)
   B.   Where under special circumstances of design of a parcel of land, the Planning Commission approves a "flag lot", as defined and provided for in the subdivision ordinance of the City, which may or may not have the required frontage as provided for in this title. Under no circumstances may the frontage be less than twenty feet (20'). (Ord., 11-14-1974; amd. 2003 Code)

10-8-4: YARD REGULATIONS:

   A.   No required yard or other open space around an existing building or which is hereafter provided around any building for the purpose of complying with the provisions of this title, shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected or established.
   B.   On any lot under a separate ownership from adjacent lots and of record at the time of the initial enactment of the ordinance codified herein and such lot having a smaller width than required for the zone in which it is located, the following regulations shall apply:
      1.   For interior lots, each side yard may be equal to but not less than the same percentage of the required side yard width as the lot is of the required lot width; provided, that in no case shall the smaller of the two (2) side yards be less than five feet (5') or the larger less than eight feet (8').
      2.   On corner lots, each side yard may be equal to but not less than the same percentage of the required side yard width as the lot is of the required lot width; provided, that in no case shall the side yard on the street side be less than fifteen feet (15') and the other side yard shall be not less than five feet (5') in all residential zones.
   C.   On any interior lot where a private attached garage containing a sufficient number of parking spaces to meet the requirements of this title has a side yard equal to the minimum side yard required for a dwelling in the same zone, the width of the other side yard for the dwelling may be reduced to equal that of the minimum required side yard.
   D.   Every part of a required yard shall be open to the sky unobstructed except for accessory buildings in a rear yard, and except for the ordinary projections of skylights, sills, belt courses, cornices and other ornamental features.
   E.   Open or lattice enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers may project into a yard not more than five feet (5'), and the ordinary projections of chimneys and flues are permitted.
   F.   No accessory building nor group of accessory buildings in any residential zone shall cover more than twenty five percent (25%) of the rear yard.
   G.   No space needed to meet the width, yard, area, coverage, parking or other requirements of this title for a lot or building may be conveyed away from such lot or building, except as permitted by the hearing officer, and any attempted conveyance or lease in violation hereof shall be void.
   H.   No parcel of land which has less than the minimum width and area requirements for the zone in which it is located may be cut off from a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot, except by permit of the hearing officer. (Ord., 11-14-1974; amd. Ord. 2020-09, 5-21-2020)

10-8-5: HEIGHT REGULATIONS; EXCEPTIONS:

   A.   Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain a building, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks and water tanks, wireless or television masts, theater lofts, silos or similar structures may be erected above the height limits prescribed in the zone height regulations, but no space above the height limit shall be allowed for the purpose of providing additional floor space.
   B.   No dwelling shall be erected to a height less than ten feet (10'), and no accessory building in a residential zone shall be erected to a height greater than twenty five feet (25'). (Ord., 11-14-1974)

10-8-6: LIVESTOCK AND FOWL:

   A.   Livestock:
      1.   Restrictions:
         a.   No livestock, horses, mules, donkeys, or llamas shall be kept or maintained closer than forty feet (40') from any dwelling, and not closer than seventy five feet (75') from any dwelling on an adjacent lot. Any barn, stable, coop, pen or permanent structure for the housing or keeping of livestock, horses, mules, donkeys, or llamas shall be kept, constructed or maintained not closer to a public street than sixty feet (60').
   B.   Fowl:
      1.   Conditions For Permitting Fowl:
         a.   Eleven thousand (11,000) to thirteen thousand nine hundred ninety nine (13,999) square foot lots:
            (1)   Ten (10) chickens with one rooster or twenty (20) pigeons shall be allowed. Pheasants or game birds not allowed.
            (2)   Accessory structures such as barns, pens, corrals, coops and runs for the keeping of fowl shall be located at least thirty five feet (35') from a dwelling on an adjacent lot, fifteen feet (15') from any dwelling on the same lot, and at least sixty feet (60') from any public street.
         b.   Fourteen thousand (14,000) to nineteen thousand nine hundred ninety nine (19,999) square foot lots:
            (1)   Maximum of fifteen (15) fowl with a combination that shall not include more than fifteen (15) chickens including one rooster with a maximum of two (2) roosters per eight (8) to ten (10) hens or similar fowl over six (6) months of age with a limit of thirty (30) fowl under six (6) months of age, three (3) geese, three (3) ducks, three (3) turkeys, two (2) peacocks or fifteen (15) pigeons. Pheasants or game birds not allowed.
            (2)   Accessory structures such as barns, pens, corrals, coops and runs for the keeping of fowl shall be located at least fifty feet (50') from a dwelling on an adjacent lot, twenty five feet (25') from any dwelling on the same lot, and at least sixty feet (60') from any public street.
         c.   Twenty thousand (20,000) to thirty nine thousand nine hundred ninety nine (39,999) square foot lots:
            (1)   Maximum of twenty five (25) fowl with a combination that shall not include more than twenty five (25) chickens including one rooster with a maximum of two (2) roosters per eight (8) to ten (10) hens or similar fowl over six (6) months of age with a limit of thirty (30) fowl under six (6) months of age, three (3) geese, three (3) ducks, three (3) turkeys, two (2) peacocks, twenty (20) pigeons or ten (10) pheasants or similar game birds.
            (2)   Accessory structures such as barns, pens, corrals, coops and runs for the keeping of fowl shall be located at least seventy five feet (75') from a dwelling on an adjacent lot, forty feet (40') from any dwelling on the same lot, and at least sixty feet (60') from any public street.
         d.   All residential zones over forty thousand (40,000) square foot lots:
            (1)   Maximum of forty (40) fowl with a combination that shall not include more than forty (40) chickens including a maximum of two (2) roosters per eight (8) to ten (10) hens or similar fowl over six (6) months of age with a limit of sixty (60) fowl under six (6) months of age, six (6) geese, eight (8) ducks, six (6) turkeys, two (2) peacocks, forty (40) pigeons, or forty (40) pheasants or similar game birds.
            (2)   Accessory structures such as barns, pens, corrals, coops and runs for the keeping of fowl shall be located at least seventy five feet (75') from a dwelling on an adjacent lot, forty feet (40') from any dwelling on the same lot, and at least sixty feet (60') from any public street.
         e.   Above five (5) acres:
            (1)   No specific regulations on number of fowl.
            (2)   Accessory structures such as barns, pens, corrals, coops and runs for the keeping of fowl shall be located at least seventy five feet (75') from a dwelling on an adjacent lot, forty feet (40') from any dwelling on the same lot, and at least sixty feet (60') from any public street.
      2.   Regulations: Possession of any fowl, game bird, migratory bird, or similar bird/fowl shall comply with all state and federal regulations. Potential owner shall obtain any permits/registrations required by such regulations.
      3.   Control And Fencing: It is unlawful for the owner of any domestic fowl, such as turkeys, ducks, geese, chickens, peacocks, or any other variety of fowl, to permit such fowl to trespass or go upon the premises of another or run at large on any public property or roadway.
      4.   Nuisances: All fowl must be in accordance with title 4, chapter 2, "Nuisances", of this code.
   C.   Grandfather Clause: Notwithstanding the foregoing, or any language in this code to the contrary, the limitations, requirements and sanctions imposed by this section do not apply to owners of livestock, horses, mules, donkeys, or llamas or fowl where such uses were in existence prior to any subsequent residential or commercial development adjacent to his/her property where such development has now created, or will create, a situation where livestock, horses, llamas, mules, donkeys or fowl will be kept or maintained closer than forty feet (40') from any dwelling, or closer than seventy five feet (75') from any dwelling on an adjacent lot. Such continuing, preexisting uses shall be deemed under this code to be in compliance with the requirements of this code if the property owner was in compliance prior to the development. (Ord. 2011-09, 8-4-2011, eff. 8-5-2011)

10-8-7: BUILDING REGULATIONS:

Domestic water supply and sewage disposal shall comply with the Weber County health department requirements in all applications for a building permit where either an approved supply of piped water under pressure, or a sewer, is not available. (Ord., 11-14-1974)

10-8-8: FENCE HEIGHT REGULATIONS:

   A.   Corner Yard Obstructions; Clear View Area:
      1.   In all districts requiring a front yard, no view obstructing object in excess of thirty two inches (32") in height shall be placed on any corner lot within a triangular area formed by the street property lines and a line connecting them at points forty feet (40') from the intersection of the street property lines.
      2.   Permitted in this area would be: trees pruned clear of branches between the ground to a height of six feet (6'); shrubs, bushes trimmed to no taller than two feet (2') above street level; gasoline pumps; permitted signs with only minimum necessary supports visible to a height of not less than ten feet (10'); nonview obstructing fences not exceeding a height of six feet (6').
   B.   Permitted Height; When Building Permit Required: Fences may be allowed to permitted heights within buildable areas. Any fence over six feet (6') requires a building permit.
   C.   Front Yards: In required front yards and except as noted in subsection A of this section, view obscuring fences shall not exceed three feet (3') in height. Nonview obscuring fences in front yards shall not be more than six feet (6') in height.
Note: "View obscuring" means preventing the full view of property on one side of the fence by a viewer standing on the opposite side of the fence.
   D.   Rear, Interior Side Yard: Fences shall not exceed eight feet (8') in height in a required rear yard or interior side yard; except that on a corner lot, the fence shall not be more than six feet (6') high in the rear yard adjacent to a public street and in the rear yard area abutting a required front yard area of an adjoining lot. Also, that fence abutting the street and the adjoining lot's front yard area shall not be view obscuring if the adjoining lot has a driveway closer than six feet (6') to the rear yard of the subject lot.
   E.   Side Yard Adjacent To Public Street On Corner Lot: A fence not more than six feet (6') high may be allowed in a side yard adjacent to a public street on a corner lot, provided it does not extend into the required front yard area, does not extend into the clear view area of a corner lot (subsection A of this section) and is not a hazard as determined by the building inspector. (Ord. 2002-08, 5-2-2002, eff. 5-2-2002)
   F.   Measuring Height Of Fence: Where a fence is erected upon a retaining wall or where for other reasons there is a difference in the elevation of the surface of the land on either side of a fence, height of the fence shall be measured from a point halfway between the top of the retaining wall and the land on either side of the fence, but nothing herein contained shall be construed to restrict a fence to less than three and one-half feet (31/2') in height measured from the surface of the land on the side having the highest elevation.
   G.   Public Property: No fence may be placed on public property except by or with the approval of a public agency.
   H.   Commercial Zones: In commercial zones, no fence shall exceed seven feet (7') in height. (Ord., 11-14-1974)
   I.   Exceptions: Exceptions include state law, public utilities, schools, other certain fences such as tennis courts, backstops, patio enclosures in the front, side or rear yards, approved by the building inspector, where, in his opinion, the exception does not create a hazard or violation of other ordinances. (Ord. 2002-08, 5-2-2002, eff. 5-2-2002; amd. 2003 Code)
   J.   Nonconforming Conditions: Any conditions which would constitute a nonconforming condition, upon passage of the ordinance codified herein, shall be allowed to continue in that nonconforming condition until such time, if ever, it comes to the attention of the city council. A that time, the city council shall review such condition on an individual basis and may: 1) authorize continuation of the condition "as is"; 2) allow continuation of the condition with such changes as the city council shall determine; or 3) require that the condition be abated and brought into conformance with the terms of this section. (Ord. 2002-08, 5-2-2002, eff. 5-2-2002)

10-8-9: LIGHTING:

   A.   Exterior Lighting: No spotlight or floodlight shall be installed in any way which will permit the direct rays of such light to penetrate into any residential zone or onto any property used for residential purpose.
   B.   Lights Not To Constitute Traffic Hazard: No light, sign or other advertising structure as regulated by this title shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision; or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device, or which makes use of the words, "stop", "look", "drive-in", "danger" or any other word, phrase, symbol or character in such manner as to interfere with, mislead or confuse traffic. (Ord., 11-14-1974)

10-8-10: PRIVATE PARK, PLAYGROUND OR RECREATIONAL AREA:

In all residential zones, a private park, playground or recreational area, with or without a swimming pool, shall meet the following requirements:
   A.   Ownership, Operation: The lands and facilities used for such purpose shall be owned or leased and operated by a nonprofit corporation for the exclusive benefit of the members, their immediate families and nonpaying guests.
   B.   Sanitation: Adequate restrooms and sanitary facilities shall be provided and kept available for use by members, their families and guests, and shall be maintained in proper working order and in a clean and sanitary condition and in full compliance with the reasonable standards, rules and regulations established by the Weber County health department.
   C.   Parking: Twenty five (25) off street parking spaces, or one off street parking space for each four (4) memberships in the operating corporation, whichever is greater, shall be provided on the lot devoted to the principal use.
   D.   Hours: Operation or use of the recreational or other facilities provided is forbidden between the hours of eleven o'clock (11:00) P.M. and six o'clock (6:00) A.M. next following.
   E.   Setbacks: All facilities, equipment and buildings shall be set back not less than thirty feet (30') from any property line and shall be located not less than fifty feet (50') from any main building on an adjoining lot and from any area upon which any such main building may be constructed upon said adjoining lot if no such main building is in existence.
   F.   Lot Size: The minimum size of the lot or suite used for such recreational or other purposes shall be one acre.
   G.   Lighting: Any lights used to illuminate the premises shall be installed in such manner that the source of light shall be suitably screened to avoid annoying illumination of lands outside said premises. (Ord., 11-14-1974)

10-8-11: PUBLIC UTILITY SUBSTATIONS:

In all residential zones, public utility substations shall meet the following requirements:
   A.   Lot Area: Each public utility substation in a residential zone shall be located on a lot not less than two thousand (2,000) square feet in area.
   B.   Yards: Each public utility substation in a residential zone shall be provided with a yard on each of the four (4) sides of the building not less than five feet (5') in width, except that four (4) such stations located on lots fronting on a street abutted by one or more residential lots, the front yard, side yards and rear yard shall equal those required for a single-family residence in the same zone.
   C.   Street Access: Each public utility substation in a residential zone shall be located on a lot which has adequate access from a street, alley or easement.
   D.   Location To Be Approved: The location of a public utility substation in a residential zone shall be subject to approval by the planning commission. (Ord., 11-14-1974)

10-8-12: SWIMMING POOL, PRIVATE; TENNIS COURT, PRIVATE; BASKETBALL STANDARD AND COURT, PRIVATE:

   A.   Swimming Pool, Private: No such pool shall be allowed in any zoning district except as an accessory use and unless it complies with the following conditions and requirements:
      1.   It is an accessory use to main building and is located within the side or rear yard thereof;
      2.   It is intended and is to be used solely for the enjoyment of the occupants and guests of the principal use of the property on which it is located;
      3.   It may not be located closer than six feet (6') from water's edge to property line of the property on which it is located;
      4.   It shall not be less than thirty feet (30') from any neighbor's primary dwelling, or twenty feet (20') from any side lot line of an adjacent vacant lot;
      5.   It shall not have less than six feet (6') hard surface around the pool;
      6.   The swimming pool, or the entire property on which it is located, shall be walled or fenced to a minimum height of six feet (6'). The fence shall be constructed to limit any individual from accessing the pool area. The fence shall comply with all current building codes. All gates on said fences shall be self- closing and fitted with a self-latching device located on the interior side of the gate;
      7.   Where a swimming pool is completely enclosed in a building, the location requirement for accessory and main building shall apply. Where a swimming pool is to be located in the near vicinity of any septic tank or sewage disposal drainfield, the location must be approved by the Weber County health department; and
      8.   Any aboveground pool lighting shall be installed and directed such that the light source or light bulb is not directly visible from any point five feet (5') high along the neighboring property line.
      9.   Summary of U.S. consumer product safety commission (CPSC) swimming pool barrier (barriers for residential swimming pools spas, and hot tubs) will be followed.
   B.   Tennis Court, Private: No tennis court shall be allowed in any zoning district except as an accessory use and unless it complies with the following conditions and requirements:
      1.   It is an accessory use to main building and is located within the side or rear yard thereof;
      2.   It is intended and is to be used solely for the enjoyment of the occupants and guest of the principal use of the property on which it is located;
      3.   It may not be located closer than six feet (6') to any property line of the property on which it is located. It shall not be less than thirty feet (30') from any neighbor's dwelling or twenty feet (20') from any side lot line of any adjacent vacant lot;
      4.   On a corner lot where the rear lot line is coterminous with a side lot line of an adjoining lot, it shall be located not less than twenty five feet (25') from such lot line, any neighbors' nonlivable area, which includes, but is not limited to, the garage, carport, or storage areas;
      5.   Any court lighting shall be installed and directed such that the light source or light bulb is not directly visible from any point five feet (5') high along the neighboring property line.
   C.   Basketball Standard And Court, Private: A single basketball standard and court shall not be considered a structure or accessory structure in any residential zoning district. The placement of a basketball standard or court shall be in accordance with the following requirements:
      1.   A light erected in conjunction with the basketball standard or court shall be installed and directed such that the light source or light bulb is not directly visible from any point five feet (5') high along the neighboring property line; and
      2.   A net or other portable device may be erected up to thirteen feet (13') in height behind the basketball standard to protect the ball from falling onto the adjacent property. (Ord. 2016-02, 5-5-2016, eff. 5-5-2016; amd. Ord. 2024-05, 6-6-2024)

10-8-13: MOBILE HOMES AND RECREATIONAL VEHICLES:

   A.   Mobile Homes: Mobile homes are not permitted within any zone in the city.
   B.   Recreational Vehicles:
      1.   Recreational vehicles need to be parked twenty feet (20') behind the front property line on the side or rear of the existing residence structure and is to be parked on a hard surface area, such as concrete, asphalt or gravel pad.
      2.   A "recreational vehicle" (RV) as defined in section 10-2-1 of this title, which is located on private property, may be occupied by a person or persons for up to fourteen (14) days per quarter not to exceed thirty (30 days in a year. A Family member, or members, may occupy and RV for up to nine (9) months with an approved RV temporary occupancy permit issued by the city to the property owner and RV owner.
         a.   Applicants need to be present at time application is applied for and issued;
         b.   Permit fees are to be paid in full to the city at time of application;
         c.   RV permit will not be renewable for 365 days after permit expires; and
         d.   No more than one (1) recreational vehicle occupancy permit shall be issued for any property and or property owner at one time.
      3.   The addressed site and RV needs to be inspected for access and safety around RV.
         a.   At least two additional hard surface parking stalls need to be available
         b.   Utility hookups inspected for safety issues prior to approval of permit and needs to meet all city's requirements for temporary occupancy of an RV.
      4.   At any time, the site and RV may be subject to an inspection by the city to verify compliance with the permit, if the property or RV are not in compliance with any sections of the city's ordinances, the RV permit will be null and void.
      5.   All recreational vehicles are to be in good repair and maintained regularly. Failure to comply with these requirements will result in a class C misdemeanor. (Ord. 2009-11, 12-3-2009, eff. 12-3-2009; Ord. 2022-05, 5-5-2022, eff. 5-5-2022)

10-8-14: STANDARDS FOR SINGLE-FAMILY DWELLINGS:

   A.   Codes And Standards:
      1.   Any dwelling or other structure which is designed or intended for human habitation must meet the standards of the international residential code (IRC) and other codes as adopted by the city, or if it is a manufactured home, it must meet the standards of, and be certified under the national manufactured housing and standards act of 1974, and must prominently display an insignia approved by the United States department of housing and urban development (HUD) and must not have been altered in violation of such codes.
   B.   Additional Requirements:
      1.   In addition to the above codes and standards, the following requirements shall also be met:
         a.   The dwelling must be permanently connected and attached to a site built permanent foundation and, if a manufactured house, which meets IRC guidelines for manufactured housing installations if a manufactured house. Any enclosure must be secured to the perimeter of the dwelling and constructed of materials that are weather resistant and aesthetically consistent with concrete and masonry foundation materials.
         b.   The dwelling must be permanently connected to and approved for all required utilities.
         c.   The dwelling must be taxed as real property. If the dwelling is a manufactured home, an affidavit must be filed with the State Tax Commission pursuant to Utah Code Annotated title 59, chapter 2, and qualified therefor as an improvement to real estate.
         d.   The dwelling must provide a minimum of seventy two (72) square feet of enclosed storage with the minimum height of six feet (6') and located in a basement or garage area or in an accessory storage structure. Such structure shall conform to all applicable Building Codes.
         e.   Porches and landings for ingress and egress to the dwelling must be built in accordance with requirements of the IRC as adopted by the State of Utah.
         f.   At least sixty percent (60%) of the roof must be at least two to twelve (2:12) pitch and shall have a roof surface of wood shakes, asphalt, composition, wood shingles, concrete, metal tiles, slate, built up gravel materials or other materials approved by the Building Code as adopted by the State of Utah.
         g.   The dwelling shall be exterior siding consisting of wood, masonry, concrete, stucco, masonite or metal or vinyl lap. The roof overhang, including rain gutters, shall not be less than one foot (1'), measured from the vertical side of the building but not including bay windows, nooks, morning rooms, etc.
         h.   The width of the dwelling shall be at least twenty feet (20') at the narrowest point of its first story for a depth of at least twenty feet (20') exclusive of any garage area. The width shall be considered the lesser of two (2) primary dimensions. If the width of the dwelling faces a street and is less than one-half (1/2) of the length, the required off street parking shall be in a two (2) car garage attached to the length of the dwelling.
         i.   Required off street parking spaces shall be side by side.
         j.   The City building inspector, as the Zoning Enforcement Officer, in concert with the Planning Commission, may approve deviations from one or more of the development or architectural standards provided herein on the basis of a finding that the architectural style proposed provides compensating design features and that the proposed dwelling will be compatible and harmonious with existing structure in the vicinity. Together, they may also require other deviations to achieve the overall goals and purposes of this chapter.
         k.   These requirements may be appealed to the Board of Adjustment. (Ord. 2013-06, 4-18-2013, eff. 4-19-2013)
   C.   Parking Regulations:
      1.   Garages: In Residential R-1-11, RE-15, RE-18.5 and RE-20 Zones there shall be provided in a detached or attached garage or in an area located where a future garage could be constructed on the same lot as the dwelling two (2) side by side concrete or asphalt surfaced parking spaces per dwelling unit and paved driveway access leading from the property line or property line when street curb and gutter are not present. Nondwelling permitted uses shall locate the parking for the use on a hard surface of concrete or asphalt behind the setback required for the main building unless otherwise stated in City ordinances. (Ord. 2014-15, 5-15-2014, eff. 5-15-2014; amd. Ord. 2019-01, 1-3-2019, eff. 1-4-2019)
      2.   Additional Off Street Parking:
         a.   Parking or storing of additional operational and licensed vehicles in required front yard setback of a dwelling may be allowed provided that the following conditions are complied with:
            (1)   The dwelling unit has the minimum number of two (2) required off street parking spaces and access to those parking spaces is on a concrete or asphalt driveway.
            (2)   Any additional parking space must remain open and unobstructed to the sky.
            (3)   The surface treatment for the additional vehicle parking and the access to the additional parking if located in the side yard is either road base, gravel or a hard surface material of concrete or asphalt.
            (4)   The additional parking space in the front yard is limited to only the area between the hard surface driveway and the nearest side yard property line. Parking cannot extend into the area between the dwelling and the street nor in the side yard facing a street on a corner lot.
            (5)   All stormwater runoff must be directed to prevent drainage onto adjacent properties.
            (6)   No additional parking space or vehicle shall be located in the side yard or front yard setback facing a street on a corner lot.
            (7)   The surface treatment for vehicle parking in the A-1 and A-2 zones consist of a solid surface thirty feet (30') from the front of the structure with gravel or road base extending to the road. (Ord. 2014-15, 5-15-2014, eff. 5-15-2014)

10-8-15: LANDSCAPE STANDARDS GENERAL REQUIREMENTS:

   A.   Definitions:
 
XERISCAPE:
Is the process of landscaping, or gardening, that reduces or eliminates the need for irrigation. It is promoted in regions that do not have accessible, plentiful, or reliable supplies of fresh water and is gaining acceptance in other regions as access to irrigation water is becoming limited, though it is not limited to such climates. Xeriscaping may be an alternative to various types of traditional gardening.
LOW IMPACT DEVELOPMENT OR “LID”:
Storm water and land use management strategy that strives to mimic pre-development hydrologic processes of infiltration, filtration, storage, evaporation, and transpiration by emphasizing conservation, use of onsite natural features, site planning, and distributed storm water management practices that integrated into a project design.
 
   B.   All landscaping plantings for newly built or reconstructed residential and commercial sites shall comply with the city's updated landscape plan with applying Xeriscape low irrigating and LID methods where applicable and be maintained in a healthy and attractive way.
   C.   The following may also be used as landscaping when they are combined with installed living plant material:
      1.   Water features (e.g., fountains, falls and streams) and sculptures.
      2.   Paving materials (i.e., bricks, pavers, flagstones, textured concrete) used to create a useful open space, add color or texture to the design, and create visual interest provided that such materials in the front yard setback are used only as trim or edging and not used as patios, sports surfaces, or areas where vehicles can be parked.
      3.   Properties shall consist of a balance of living and nonliving landscape that do not violate any other federal, state, or municipal statute, ordinance or law.
      4.   Xeriscape preparation and methods includes using rocks, gravel, mulches, or wood chips solely or as ground covers.
         a.   Appropriate planning and design;
         b.   Limiting turf to locations where it provides functional benefits;
         c.   Efficient irrigation systems;
         d.   Use of soil amendments and mulches to improve water holding capacities;
         e.   Use of drought tolerant plants;
         f.   Decorative hardscape; and
         g.   Appropriate and timely maintenance.   
         h.   Properties shall comply with the fencing and setback requirement of all Plain City ordinances.
   D.   Xeriscape materials shall be contained so as not to spill into the public right of way. (Ord. 2017-05, 2-16-2017, eff. 2-16-2017; amd. Ord. 2022-12, 11-3-2022, eff. 11-3-2022)

10-8-16: RESIDENTIAL LANDSCAPE STANDARDS:

   A.   A newly built or reconstructed residential area within the public right of way between the curb and gutter and the sidewalk, otherwise known as the park strip, shall be landscaped using Xeriscape methods only, park strip landscaping shall not exceed a maximum height of three feet (3') for shrubs placed so that it will not obstruct sight distance and trees in the park strip shall have a minimum height of eight feet (8') for the lowest branches of a tree when they extend above the curb or sidewalk. Notwithstanding the branch height, Only City approved park strip trees are allowed. Public right of way defined by a curb or gutter shall be landscaped utilizing Xeriscape low irrigating methods listed below:
      1.   Trees: trees spaced at a maximum of forty feet (40') on center; Ground Covers, Shrubs: When shrubs or ground covers other than grass is used for landscaping, the spacing, type and size of plants used shall be such that seventy five percent (75%) of all landscaped areas shall be covered with living material within three (3) years of planting; or
      2.   Rock Ground Cover with Trees: Rock ground cover with trees spaced at a maximum of forty feet (40') on center. When such rock ground cover is used, there shall not be a concrete surface underneath the ground cover. The rocks used in the ground cover must be smaller than 1.5 inches, then: Areas of low water living plant material in a distinguishable patterned design, or a varying rock size or color pattern may be used.
   B.   All trees shall be a minimum of a two-inch (2") caliper and selected from the city's approved tree list.
   C.   Any damage to city property created by vegetation will be the responsibility of the property owner. (Ord. 2022-12, 11-3-2022, eff. 11-3-2022)

10-8-17: COMMERCIAL LANDSCAPE STANDARDS:

   A.   A minimum of twenty percent (20%) of all commercial sites including the park strip and landscaped detention (excluding the building footprint) shall be landscaped using low watering Xeriscape methods. Any damage to city property created by vegetation will be the responsibility of the property owner.
   B.   All landscaping using low watering plants shall be serviced by an acceptable underground or irrigation bubbler/drip system which includes an automatic timer.
   C.   Low water landscaping using Xeriscape methods is required on all newly built and reconstructed commercial sites. All landscape plans showing placement of low watering bushes, trees and plants needs to be approved by the Planning Commission.
   D.   All Parking Lot Landscaping: Is required to use 100% Xeriscape, low watering and LID methods where applicable.
   E.   Location: The Xeriscape methods should be located in protected areas, such as along walkway, in center islands, at the ends of bays, park strips or between parking stalls. All landscaping using Xeriscape methods in parking areas and on the street, frontage shall be placed so that it will not obstruct sight distance.
   F.   Plant Type: low watering plants and deciduous trees shall be planted. Plants that provide maximum screening at ground level up to three and one-half feet (31/2') should be used along the perimeter of the lot for screening, and the deciduous trees for shade within the lot. The area between trees shall be rocked, mulched, planted with low watering plants shrubs, or covered with paving material. Any area that will be under the overhang of vehicles shall be rocked, mulched or covered with paving materials. All trees shall have a minimum of a two-inch (2") caliper and selected from the city's approved tree list.
   G.   Walkway: A minimum five foot (5') wide walkway shall be installed which connects the parking lot to the main entrance of the building and also leads to the public sidewalk parallel to the street. This walk shall be of a different material from the parking lot surface so it is easily identified and separates pedestrian traffic routes from the vehicle movement patterns.
   H.   Any damage to city property created by vegetation will be the responsibility of the property owner.
   I.   Parking Areas: Parking areas shall have concrete edging installed to separate landscaping using Xeriscape methods from parking areas. Required parking areas shall install landscaped islands using Xeriscape methods with raise curbs. Islands shall not be placed over asphalt or concrete. A curb shall be provided along all interior roadways to prevent vehicular intrusion into landscaped areas. Whenever a landscaped island under this provision is required, it shall be a minimum width of nine feet (9') and shall extend the length of the parking stalls it abuts. Landscaped using Xeriscape methods island shall be required for each of the following conditions:
      1.   The end of each row of stalls if the row exceeds ten (10) parking stalls in length.
      2.   One island shall be placed to divide a longer row of stalls so there are no more than twenty (20) stalls between islands.
      3.   To define parking lot entrances.
      4.   To define the main interior circulation road pattern.
      5.   All Landscaped areas must be constructed using approved Xeriscape methods to conserve irrigating.
 
(Ord. 2022-12, 11-3-2022, eff. 11-3-2022)

10-8-18: SITE PLAN APPROVAL REQUIRED:

   A.   A site plan shall be submitted to the Planning Commission which shows the location of main and accessory buildings on the site and in relation to one another, the traffic circulation features within the site, the height, bulk and character of building, the provision for off street parking space, the provision of driveways for ingress and egress, the provision for other open space on the site and the display of signs. Each of the foregoing features shall be in accordance with the site plan (or subsequent amendment thereof) of the proposed development approved by the Planning Commission prior to the issuance of a building permit.
   B.   A site plan shall include landscaping applying Xeriscape, low irrigation methods and LID (Low Impact Developments) practices, fences and walls designed to further the purpose of the regulations for commercial, manufacturing and multiple housing zones, and such features shall be provided and maintained as a condition of the establishment and the maintenance of any use to which they are appurtenant. The site plan shall include a Comprehensive Sign Plan.
   C.   In considering any site plan, the Planning Commission shall endeavor to assure safety and convenience of traffic movement, both within the area covered and in relation to access streets, harmonious and beneficial relation among the buildings and uses in the area covered, and satisfactory harmonious relation between such area and contiguous land and buildings and adjacent neighborhoods, and that the requirements of this title have been met.
   D.   In approving site plans, the Planning Commission may act on a site plan submitted to it or may act on its own initiative in proposing and approving a site plan, including any conditions or requirements designated or specified therein or in connection therewith.
   E.   The process for site plan reviews is established in section 11-3-3, "Technical Review", of this Code. (Ord. 2017-08, 7-20-2017, eff. 7-20-2017; amd. Ord. 2022-12, 11-3-2022, eff. 11-3-2022)