The Business and Manufacturing Park (BMP) Zone is established to provide for a mixture of research, office, and certain specialized light manufacturing uses. Light manufacturing uses shall include fabricating, processing, testing, assembling, packaging and storage associated with the manufacturing of products which have a high value in relation to bulk, from previously prepared materials, but not including uses involving primary production of wood, metal, concrete, asphalt, petroleum or chemical products from raw materials. Such operations shall not include on site milling, forging, or heavy grinding of parts or similar manufacturing operations.

The zone, located in the fringe area of the City in open, readily developable land, is intended to serve as a transitional area between the Grove Zone and the Manufacturing Zone; therefore, the zone is more restrictive than a conventional manufacturing zone yet it allows for a number of uses otherwise prohibited in the Grove Zone. To accomplish the purposes and objectives of this zone, the following regulations shall apply in the BMP (Business and Manufacturing Park) Zone. (Ord. 2017-37, 8-1-2017)

   A.   Uses Listed Permitted: The following principal, private, commercial or governmental uses and structures, and no others, are permitted in the BMP Zone.

   B.   Conditional Uses: The following uses and structures are permitted in the BMP Zone only after a conditional use permit has been approved, and subject to the terms and conditions thereof.

   C.   Standard Land Use Code: All uses contained herein are listed by a four (4) digit number as designated in the Standard Land Use Code published and maintained by the Community Development Department:

   Qualifying provisions:

      1.    The wholesale trade and storage of automotive equipment or automotive parts shall be conducted only within a completely enclosed (including roof and walls) building.

      2.    The wholesale trade of raw materials is not allowed in the zone. Livestock or poultry feed are considered raw materials if they are not contained in a closed package.

      3.    Use 5810 shall be subject to conformance with the following provisions:

         a.    Restaurants shall be architecturally compatible with surrounding buildings;

         b.    All short order/fast food restaurants shall be located within the interior of a main building with the primary uses listed above;

         c.    Signs, landscaping, number of employees and distance from existing commercial zones, and related matters, shall be factors considered in the review and approval of this specific use.

   D.   Accessory Uses And Structures: Accessory uses and structures are permitted in the BMP Zone, provided they are incidental to, and do not substantially alter the principal use or structure. Such permitted accessory uses and structures include, but are not limited to, the following:

      Daycare center.

      Offices and office buildings which are incidental to and accessory to a permitted use, and are designed to architecturally complement the building or buildings in which the principal permitted use is housed.

      Parking structures and parking lots which are properly paved and drained in accordance with City standards and are provided with peripheral and internal landscaping.

      Recreation facilities such as parks, golf courses, swimming pools, gymnasiums, tennis courts, athletic fields or similar activities.

      Satellite receiving stations which are least visible from public streets and public areas.

      Support and maintenance shops for the above uses. (Ord. 2017-37, 8-1-2017; amd. Ord. 2025-021, 9-2-2025)

Overall unity of site design shall be accomplished through:

   A.   Architectural Harmony: Architectural harmony of buildings and structures.

   B.   Design Integration: Design integration of the common open space system and storm drainage system.

   C.   Design: Unified design of street furniture, such as street signs, poles, light standards and luminaries, pedestrian benches, bus shelters, project entrances, perimeter fencing, pavement treatment, plazas, and handicapped curb ramps; housings for power facilities, telephone service boxes, and grouped mail box stations; illumination of buildings, outdoor sculptures and statuary, decorative fountains, walkway railings and steps.

   D.   Outdoor Storage And Designated Outdoor Storage Areas: The storage of materials in any designated outdoor storage areas shall be secondary and subordinate to a permitted retail use only, provided the following conditions and design requirements have been satisfied:

      1.   The maximum area designated for outdoor storage shall not exceed twenty-five percent (25%) of the lot area.

      2.   All of the storage materials shall be contained within a designated outdoor storage area that is attached to the main building and such outdoor storage area shall be enclosed by a masonry wall that meets the design standards of The Grove Zone that is not less than ten feet (10') in height.

      3   The storage materials cannot exceed the height of the enclosing wall.

      4.   Any gate(s) to the designated outdoor storage areas shall be screened with opaque or solid materials.

      5.   The designated outdoor storage areas shall be located in an enclosed side yard or back yard area of a lot or parcel of land.

      6.   A landscaped buffer of not less than ten feet (10') (measured from the property line), including, a sufficient number of mature trees every twenty-five (25) feet, shall surround the designated outdoor storage areas on all sides not directly attached to or nearby the main building. Such trees shall be three-inch (3") to five-inch (5") caliper trees, to the extent there is sufficient room to plant and maintain trees between the property line and the enclosing wall.

      7.   All space within the designated outdoor storage areas shall be improved with asphalt or concrete.

   E.   Utilities Underground: All utilities shall be placed underground.

   F.   Mechanical Equipment Enclosed: All mechanical equipment incidental to any building, including roof mounted mechanical equipment or communication equipment, shall be totally enclosed or screened so as to be an integral part of the architectural design of the building to which it is attached or related.

   G.   Loading Operations: Loading operations shall either be conducted within the building or be screened so as to not be visible from a public street, and conducted in such a way that in the process of loading or unloading, no vehicle will block the passage of other vehicles on the service drive or extend into any other public or private drive or street used for traffic circulation. (Ord. 2017-37, 8-1-2017; amd. Ord. 2024-15, 7-9-2024)

   A.   Lot Area: The minimum area of any lot or parcel of land in the BMP Zone shall be one acre.

   B.   Lot Width: Each lot or parcel of land in the BMP Zone shall have a lot width adequate to provide for the width of any proposed building, driveway access to the rear of said building, and peripheral landscaping adjacent to said driveway access at a width of at least ten feet (10').

   C.   Lot Frontage: Each lot or parcel of land in the BMP Zone shall abut a public street for a minimum distance of forty feet (40') on a line parallel to the centerline of said street or along the circumference of a cul-de-sac improved to City standards.

   D.   Perimeter Buffer Yards: A decorative masonry wall at least eight feet (8') in height shall be erected along all property lines in a BMP Zone which is adjacent to a residential zone existing at the time the building is constructed on a lot or parcel in said BMP Zone. The perimeter buffer yards adjoining a residential zone boundary shall be not less than twenty five feet (25') deep.

   E.   Buffer Yards Along Major Roads: A landscaped buffer yard of twenty five feet (25') (measured back from property line) shall be provided and maintained for each parcel of land facing an existing arterial or collector road.

   F.   Front Yard: Each lot or parcel in the BMP with frontage on minor public roads shall have a front yard of not less than twenty five feet (25'). There shall be no vehicular parking within the front yard of any lot in the BMP Zone.

   G.   Side Yard: Except as provided in subsections H through J of this section, each parcel or lot of land in the BMP Zone shall have a landscaped side yard of at least ten feet (10').

   H.   Corner Lot; Side Yard: On corner lots, the side yard contiguous to the street shall not be less than twenty five feet (25'). Said side yard shall not be used for vehicular parking, but shall be appropriately landscaped and beautified.

   I.   Side Yard Used For Access: When used for access to loading docks, parking lots and garages behind any building in the BMP Zone, a side yard shall be wide enough to provide an unobstructed twelve foot (12') surfaced driveway for one-way traffic, and a sixteen foot (16') unobstructed driveway for two-way traffic. Where such a driveway is provided, a landscaped area of at least ten feet (10') in width shall be maintained between the driveway and the adjacent side property line.

   J.   Accessory Building; Side Yard: The side yard of any accessory building in the BMP Zone shall be the same as that required for a principal building.

   K.   Rear Yard: Each lot or parcel of land in the BMP Zone shall have a rear yard of not less than twenty feet (20').

   L.   Accessory Building; Rear Yard: The rear yard of any accessory building in the BMP Zone shall be the same as that required for a principal building.

   M.   Projection Into Yards:

      1.   The following structures may be constructed on or may be projected into any required yard:

         a.   Fences and walls that are architecturally compatible with the design and material used on the primary structure in the park and in conformance with City codes and ordinances;

         b.   Landscape elements, including trees, shrubs, water features, turf and decorative lighting;

         c.   Necessary appurtenances for utility services;

         d.   Any art work or feature approved by conditional use permit.

      2.   The structures listed below may project into a minimum front or rear yard not more than eight feet (8'), and into a minimum side yard not more than four feet (4'):

         a.   Cornices, eaves, belt courses, sills, buttresses, or other similar architectural features;

         b.   Fireplace structures and bays, and signs when attached to the wall of the building;

         c.   Stairways, balconies, door stoops, fire escapes, awnings; and planter boxes or masonry planters not exceeding twenty four inches (24") in height.

   N.   Permissible Lot Coverage: In the BMP Zone, there shall be no requirements, except as may be dictated by yard requirements, landscaping requirements, compliance with off street parking provisions and project plan approval conditions. Lot coverage, however, shall be in conformance with standards specified in the guarantees and covenants required by section 10-12A-12 of this article.

   O.   Building Height: No building shall be constructed to a height exceeding three (3) stories with a maximum height of forty five feet (45'). (Ord. 2017-37, 8-1-2017; amd. Ord. 2022-6, 2-1-2022)

In the case of large tracts of land being developed, the land shall be in single ownership or single control in order to provide for integrated development. The term "single control" shall be construed to allow the recording of a record of survey which is in conformance with the "final development plans" approved by the City Council. The record of survey must be approved and recorded prior to the issuance of any building permits and must be in compliance with all applicable zoning ordinances and building codes adopted by the City. Failure to maintain ownership or single control may result in the initiation of action to return the property to the zones existing prior to the establishment of the BMP Zone. (Ord. 2017-37, 8-1-2017)

The minimum distance between any accessory building and a main building on a lot in the BMP Zone shall be not less that twenty feet (20'). The minimum distance between all other buildings shall be governed by the latest edition of the International Building Code as adopted by the City Council. (Ord. 2017-37, 8-1-2017)

Each lot or parcel in the BMP Zone shall have a parking lot improved with asphaltic cement or concrete to the standards of chapter 18 of this title. Said parking lot shall be provided with internal and peripheral landscaping in conformance with a landscaping plan approved by the Planning Commission. (Ord. 2017-37, 8-1-2017)

   A.   Signs: All signs erected in the BMP Zone shall be in conformance with the sign provisions of chapter 19 of this title.

   B.   Landscaping And Screening: The following landscaping provisions shall apply in the BMP Zone:

      1.   Plan Conformance: All landscaping shall be installed and maintained in conformance with a landscape plan which has been approved by the Planning Commission. The following minimum standards have been established to ensure quality and consistent development throughout the park.

      2.   Plan Submission: At the time of rezoning and preliminary project plan approval, an overall landscaping plan shall be submitted showing typical landscaping (including type, size, number and location of plant material) for the following areas: park entrances, perimeter buffers, open space easements and common areas, and streetscape landscaping. Detailed landscape plans for individual lots shall be submitted at the time of project plan approval for individual buildings. Landscape improvements for common open space features shall be developed at each phase of the project.

      3.   Area Of Landscape: A minimum of fifteen percent (15%) of the site shall be maintained in permanent landscaped open space.

      4.   Existing Features: Existing significant trees, tree stands, natural vegetation and wildlife habitat shall be integrated into the site landscape plan to the maximum extent possible. Preliminary landscape plans shall identify all trees five inch (5") caliper or larger.

   C.   Perimeter Street Trees: Large mature trees should be planted along perimeter public access street frontage. These trees should be three inch (3") to five inch (5") caliper trees, planted at least ten feet (10') from the sidewalk.

   D.   Tree Distribution: Fifteen (15) trees to the gross acre should be used as a minimum standard in developing the planting plans.

      1.   Tree Size: All deciduous trees shall be one and three-fourths inch (13/4") to two inch (2") caliper at the time of planting.

      2.   Minimum Size, Height: No deciduous trees of less than one and one-half inch (11/2") caliper will be accepted, nor will evergreen trees less than six feet (6') in height be accepted. No bare root stock will be accepted.

      3.   Review By Planning Commission: The Planning Commission shall review all landscaping plans prior to approval. The Planning Commission may adjust the overall tree density requirements with the following guidelines:

         a.   Existing stands of good quality trees and shrubs (as listed by the Beautification and Shade Tree Advisory Commission) will be maintained and incorporated into overall design. Efforts to save and incorporate such plantings may reduce tree planting requirements.

         b.   Trees proposed with calipers larger than five inches (5") will have more value (or credit) than trees with minimum sizes allowed by Code (1 larger tree may equal multiple small trees).

         c.   Proposed amenities, water features and other nonvegetative landscaping elements may be credited towards overall tree requirements.

   E.   Shrub Size: The following mix of shrub sizes shall be used to ensure a quality landscape: seventy percent (70%) of the shrubs planted shall be at least five (5) gallon size stock. Thirty percent (30%) of the shrubs planted shall be at least one gallon size stock.

   F.   Sprinkling And Irrigation: All plantings shall be serviced by an acceptable irrigation or sprinkler system, and maintained in a healthful living condition. Dead plant materials shall be replaced as necessary within a one year period.

   G.   Landscaping Around Buildings: A perimeter landscape strip at least five feet (5') wide shall be placed around all buildings. Xeriscape landscaping is encouraged to provide more water wise landscapes around the buildings.

   H.   Landscaping Objectives: Landscaping plans shall be prepared with a view toward accomplishing the following design objectives. Plans will be approved or denied based on how well these objectives are satisfied.

      1.   Enhance the visual environment by:

         a.   Adding visual interests through texture, color, size and shape, etc.

         b.   Enhancing perspective by framing views complementing architecture, screening and creating points of interest and activity.

      2.   Ensure public safety by:

         a.   Guiding the circulation of cars and people.

         b.   Controlling access to parking lots.

         c.   Making traffic diverters prominent.

         d.   Creating street identification by varying the species, height and location of landscaping around buildings.

         e.   Screening area of low visual interest.

         f.   Minimizing noise and glare.

         g.   Conserve energy.

         h.   Complement architecture by landscaping around buildings.

   I.   Vacant Construction Lots: Vacant lots awaiting construction in any final plan shall be maintained free of unsightly storage of equipment, construction materials, or overgrown weeds and nuisance vegetation.

   J.   Environmental Concerns: No excessive or offensive dust, odor, smoke, intermittent light or noise shall be emitted which is discernible beyond the property line, except that which emanates from the movement of automobiles. A premises shall be maintained in such a manner as to avoid unreasonable interference with adjacent uses and to avoid public nuisances.

   K.   Infrastructure Improvement Schedule: Certificates of occupancy will be issued upon successful completion of infrastructure improvements according to the following schedule:

 

Within each phase any building desiring a building or an occupancy permit shall have all improvements directly related to the building's completion as determined by the Community Development Supervisor or City Engineer. This will include, but not be limited to, subsections K5 through K17 of this section. (Ord. 2017-37, 8-1-2017)

Concurrent with any request to rezone property to the BMP Zone, a preliminary project plan shall be submitted to the Planning Commission. Said preliminary project plan shall be drawn to scale and shall contain the following information:

   A.   A complete and accurate legal description of the real property which is the subject of the proposed development. If the developer is not the property owner, he shall also provide written proof that he has sufficient legal claim on the property, and each parcel therein, to proceed with development plans. Such proof may be in the form of options, deeds or contracts on which the developer shall be entitled to black out confidential information, such as the amount of consideration paid or periodic payment amounts.

   B.   A preliminary subdivision plat, if the site is being divided, or a record of survey plat for condominium ownership. The size of each lot shall be noted on the subdivision plat.

   C.   A preliminary utility plan showing the manner in which adequate sewage disposal and water are to be provided to the site, including the point from which said services are to be extended.

   D.   A preliminary grading and drainage plan.

   E.   A preliminary landscaping plan showing typical landscaping (including type, size, number and location of plant materials) for the following areas: entrances to the development perimeter buffers, open space easements and common areas, drainage detention basins, and streetscape landscaping.

   F.   Parks, common open spaces and public or private recreation facilities and improvements proposed within the development.

   G.   Proposed circulation patterns, including private driveways, public and private streets and pedestrian paths.

   H.   A draft of the declaration of covenants, conditions and restrictions.

   I.   Topographic maps of the entire site, including contour intervals no greater than two feet (2').

   J.   A traffic and circulation study.

   K.   An analysis of the direct public costs and revenues associated with the development of the BMP.

   L.   Any other special study deemed necessary by the Planning Commission to enable them to assess the merits of the request and its impacts on the community.

   M.   If applicable, a phasing plan, including a construction timetable for all phases. (Ord. 2017-37, 8-1-2017)

The Planning Commission shall recommend approval or denial of the zoning petition and preliminary development plan to the City Council. The recommendation of the Planning Commission may contain conditions, limitations or amendments to the preliminary development plan to ensure that the business and light manufacturing site is integrated into its surroundings and serves the public interest to the greatest extent possible. The commission shall be guided in its decision by the policies of the General Plan and the standards and conditions of this title. The Planning Commission shall also review and approve any request for a conditional use permit. (Ord. 2017-37, 8-1-2017)

The City Council, after holding a public hearing, may approve or disapprove a petition for a BMP Zone. The City Council shall be guided in its decision by the policies of the General Plan and the standards and conditions of this title and other applicable codes. (Ord. 2017-37, 8-1-2017)

   A.   Required: Prior to or in conjunction with submission of a final development plan for the first building or first phase of any BMP development, a declaration of covenants, conditions and restrictions for said development shall be submitted to and be approved by the Planning Commission and shall be recorded with the Utah County Recorder. Said declaration shall contain guarantees for the perpetual maintenance of all common open spaces within the BMP development, and shall assure compliance with the following standards to promote the health, safety, general welfare and property value within the development and in the general area.

   B.   Assurances And Standards Required: The following assurances and standards shall be included within the declaration of covenants, conditions and restrictions recorded in conjunction with any BMP development:

      1.   Management Policy: The declaration shall include management policies for any common open spaces within the development, setting forth the quality of maintenance to be performed and what entity will be responsible for the perpetual maintenance of said spaces. These management policies, as a minimum, shall contain the following:

         a.   The establishment of an association or corporation responsible for all maintenance, which shall levy the cost thereof as an assessment to each of the owners of land, parcels or units within the BMP development.

         b.   The establishment of a Management Committee with provisions setting forth the number of persons constituting the committee, the method of selection, and the powers and duties of said committee; and including the person, partnership or corporation with property management expertise and experience who shall be designated to manage the maintenance of the common area and facilities in an efficient and quality manner.

         c.   The method of calling a meeting of the members of the corporation or association with the members thereof that will constitute a quorum authorized to transact business.

         d.   The method for maintenance, repair and replacement of common areas and facilities, and distribution of costs thereof.

         e.   The method for maintenance of all private streets where allowed, and private utilities, and acknowledgment that such maintenance is the responsibility of the owners' corporation or association.

         f.   The manner of collection from property or unit owners for their share of common expenses, and the method of assessment.

         g.   Provisions as to percentage of votes by property or unit owners which shall be necessary to determine whether to rebuild, repair, restore or sell property in the event of damage or destruction of all or part of the project.

         h.   There shall be a conveyance in the declaration of an open space easement over all common open spaces, restricting the area against any future building or use, except as approved in the preliminary project plan.

      2.   Requirements Of Ownership: The declaration shall contain provisions requiring owners of individual parcels of land or condominium units within the BMP development to install landscaping to a standard at least equivalent to that established within the typical landscaping plan approved as an element of the preliminary project plan. Said landscaping must be installed within one year of the issuance of certificates of occupancy for noncondominium units or buildings on individual parcels of property. Common area landscaping shall be installed with each phase.

      3.   Architectural Committee: The declaration shall provide for the creation and perpetual provision of an Architectural Committee, the number of members and composition of which shall be clearly stipulated. At least one member of this committee shall be a representative from the City. This provision shall provide for the approval by the said Architectural Committee of all schematic project plans and elevations of all building and signs to be erected in the BMP development prior to submission for project plan approval by the City.

      4.   Design Guidelines: The declaration shall also establish design guidelines governing the appearance of the site, buildings, signs, lighting, landscaping, street furniture, fencing and mechanical equipment.

      5.   Amendments: The declaration shall stipulate the method and procedure by which the declaration may be amended.

      6.   Allowable Building Area: The declaration shall specify the maximum percentage of lot area which will be occupied by buildings in the area of each of the general land use categories as set forth in the approved preliminary project plan.

      7.   Building Heights: The declaration shall specify the maximum building height approved by the Planning Commission.

      8.   Traffic, Parking: The declaration shall contain a traffic and parking management plan aimed at encouraging the use of mass transportation and carpooling among the park's employees.

      9.   Additional Use Regulations: The declaration may also contain use restrictions which are more restrictive than the City's zoning provision, but in no case shall they be more permissive.

      10.   City To Have Voting Privileges: The declaration shall state that, "Pleasant Grove City, by virtue of ownership of streets, utilities, rights-of-way and easements in and through the project, shall be deemed to be an owner, with full voting privileges, under the terms of this declaration and shall have authority and standing to initiate actions for enforcement of the provisions and standards herein which are deemed to be in the public interest". (Ord. 2017-37, 8-1-2017)

The manufacturing distribution (MD) zone is established to provide areas in the city where light manufacturing firms can engage in processing, assembling, manufacturing, warehousing and storage; and for incidental service facilities and public facilities to serve the manufacturing area. The zone is intended to encourage sound development by providing and protecting an environment for such development, subject to regulations necessary to assure the orderly growth of the city, and the protection of residential and commercial land uses from noise and other disturbances. This zone is to be characterized by flat, open land suited for industrial uses because of the proximity to major transportation routes and the availability of utilities necessary for successful manufacturing or processes. Uses which generate excessive noise, vibration, smoke, odor, dust, fumes or danger of explosion have been excluded from this zone. The basic objectives of the MD zone are to:

   A.   Provide space for light manufacturing and processing uses within the city in appropriate locations and to discourage uses from locating within this zone which will tend to deteriorate a light manufacturing environment, and thwart the use of land for light industrial purposes.

   B.   Broaden the tax base and improve the economic base of the community.

   C.   Promote new industry to enhance the economic and social well being of the city and its inhabitants.

   D.   Discourage the undesirable mixture of incompatible commercial, industrial and residential uses. (Ord. 2000-23, 7-18-2000)

   A.   Uses Listed Permitted: The following principal, private and commercial uses and structures, and no others, are permitted in the MD zone (see section 10-15-2 of this title for establishment of uses not specified).

   B.   Standard Land Use Code: All uses contained herein are listed by a four (4) digit number as designated in the standard land use code published and maintained by the community development department.

   C.   Permitted With Limitations: All such categories listed herein and all specific uses contained within them in the standard land use code will be permitted in the MD zone, subject to the limitations set forth therein:

 

   D.   Accessory Uses And Structures: Accessory uses and structures are permitted in the MD zone, provided they are incidental to, and do not substantially alter, the principal use or structure. Such permitted accessory uses and structures include, but are not limited to, the following:

      1.   Accessory buildings such as garages, carports, equipment storage buildings and supply storage buildings which are customarily used in conjunction with and incidental to a principal use or structure permitted in the MD zone.

      2.   Storage of materials used for construction of buildings, including the contractor's temporary office; provided, that such use is on the building site or immediately adjacent thereto; and provided further, that such use shall be permitted only during the construction period and thirty (30) days thereafter.

      3.   A caretaker facility may be allowed pursuant to the issuance of a conditional use permit, if it is incidental to and customarily found in conjunction with the principal use, and shall:

         a.   Be attached to or located within any structure of the principal use, and not have a total square footage that exceeds ten percent (10%) of the total area of the building to which it is attached or in which it is located. The entrance to the facility shall be developed in such a way as not to be a conspicuous and dominant feature of the building or site development.

         b.   Not be rented or leased, but may be considered part of compensation for caretaker services.

         c.   Only be a minor part of the principal use.

         d.   Be customarily associated with that particular industry or business in other cities throughout the United States.

   E.   Conditional Uses: The following uses and structures are permitted in the MD Zone only after a conditional use permit has been approved and subject to the terms and conditions thereof:

 

(Ord. 2011-14, 7-5-2011; amd. Ord. 2019-5, 3-19-2019; Ord. 2023-27, 11-7-2023)

The minimum area of any lot or parcel of land in the MD Zone shall be one acre. (Ord. 2000-23, 7-18-2000)

Each lot or parcel of land in the MD Zone shall have an average width of no less than one hundred feet (100') at the front setback depth. (Ord. 2000-23, 7-18-2000)

Each lot or parcel of land in the MD Zone shall abut a public street for a minimum distance of forty feet (40') on a line parallel to the centerline of said street or along the circumference of a cul-de-sac improved to City standards. (Ord. 2000-23, 7-18-2000)

The minimum size of any tract zoned and developed for an MD Zone shall be five (5) acres. (Ord. 2000-23, 7-18-2000)

The following minimum yard requirements shall apply in the MD Zone (Note: All setbacks are measured from the property line and except that no part of any building shall overhang the public right-of-way and no drainage shall be diverted into said public right-of-way.): (Ord. 2000-23, 7-18-2000)

   A.   Front Yard: Each lot or parcel in the MD Zone shall have front yard of not less than twenty five feet (25'), except that parcels with frontage on a local class road shall have front yard of not less than twenty feet (20'). (Ord. 2011-27, 11-15-2011)

   B.   Side Yard: Except as provided in subsections C through E of this section, each lot or parcel in the MD zone shall have a minimum side yard setback of zero feet (0').

   C.   Corner Lot; Side Yard: On corner lots, the side yard contiguous with the street shall be not less than twenty five feet (25'). Said side yard shall not be used for vehicular parking, but shall be appropriately landscaped.

   D.   Side Yard Used For Access: When used for access to any loading docks, parking lots and garages behind any building in the MD Zone, a side yard shall be wide enough to provide an unobstructed twelve foot (12') hard surfaced driveway for one-way traffic, and a sixteen foot (16') unobstructed driveway for two-way traffic. Where such a driveway is provided, a landscaped area of at least seven feet (7') in width shall be maintained between the driveway and the adjacent side property line.

   E.   Rear Yard: Each lot or parcel of land in the MD zone shall have a minimum rear yard setback of zero feet (0'). (Ord. 2018-34, 12-11-2018)

   A.   Permitted: The following may be constructed on or may be projected into any required yard:

      1.   Fences and walls in conformance with City codes and ordinances;

      2.   Landscape elements, including trees, shrubs, turf and other ornamental landscaping materials;

      3.   Necessary appurtenances for utility service.

   B.   Minimum Projections: The structures listed below may project into a minimum front or rear yard not more than four feet (4'), except that required driveways shall remain unobstructed from the ground up:

      1.   Cornices, eaves, belt courses, sills, buttresses, or other similar architectural features.

      2.   Stairways, balconies, door stoops, fire escapes, awnings; and planter boxes or masonry planters not exceeding twenty four inches (24") in height. (Ord. 2000-23, 7-18-2000; amd. Ord. 2018-34, 12-11-2018)

The height of every building or structure hereafter designed, erected or structurally altered or enlarged, shall not exceed three (3) stories with a maximum height of fifty five feet (55'), unless, pursuant to the issuance of a conditional use permit by the planning commission. (Ord. 2000-23, 7-18-2000; amd. 2003 Code; Ord. 2004-19, 8-17-2004)

No requirement, except as may be dictated by the latest edition of the international building code or the international fire code adopted by the city. (Ord. 2000-23, 7-18-2000; amd. 2003 Code)

No requirement, except as may be dictated by landscaping and off street parking requirements. (Ord. 2000-23, 7-18-2000)

   A.   Sufficient Parking: Each lot or parcel in the MD zone shall have on the same lot or parcel off street parking sufficient to meet the requirements as set forth in chapter 18 of this title.

   B.   Improvements Required: All parking spaces, loading areas and vehicular trafficways shall be improved with asphaltic cement or concrete from a public street.

      1.   A waiver of the required improvements for parking and loading areas, and vehicular trafficways, for large trucks, trailers, and recreational vehicles only, may be approved by the city engineer and the community development director upon submittal of a soils report showing evidence of proper load bearing capacity, or through the installation of proper fill, as determined by the city engineer. Application is to be submitted to the community development department, and must meet all other zoning requirements.

   C.   Drainage: Said parking areas shall be provided with adequate drainage which shall not run across a public sidewalk.

   D.   Loading Spaces: Loading spaces shall be provided as required by the planning commission, using as a guide a standard of one such space per ten thousand (10,000) square feet of gross floor area. (Ord. 2007-4, 2-6-2007)

Prior to the construction of any building in the MD zone, a project plan and preliminary building elevations must be approved by the planning commission. Said project shall be drawn to scale and shall contain all required information designated on the application checklist. (Ord. 2000-23, 7-18-2000)

   A.   Signs: All signs erected in the MD zone shall be in conformance with the sign provisions of chapter 19 of this title.

   B.   Uses Within Buildings: All uses established in the MD zone shall be conducted entirely within fully enclosed buildings, except those uses deemed by the planning commission to be customarily and appropriately allowed in the zone by a conditional use permit with appropriate screening.

   C.   Landscaping; Visual Quality: The following provisions shall apply in the MD zone:

      1.   The front yard areas and side yard areas adjacent to a public street, except those portions devoted to driveways and parking permitted by the provisions of this title, shall be maintained with suitable landscaping of plants, shrubs, trees, grass and similar landscaping materials.

      2.   The minimum requirements for shrubs and trees are one (1) tree and four (4) shrubs per every five hundred (500) square feet of the front yard required setback areas.

      3.   All landscaped areas shall have sprinklers or irrigation systems as approved by the Community Development Director.

      4.   All required trees shall be at least one and one-half inch (11/2") caliper, measured four feet (4') above the ground and shall be at least eight feet (8') in height.

      5.   Curbs shall be provided between landscaped areas and off street parking areas.

      6.   The storage of merchandise or equipment outside an approved building shall be within an area enclosed with a sight obscuring fence of at least eight feet (8') in height or as determined by commercial site plan review; provided, however, that promotional displays and plant material may be displayed outside of an approved building or enclosed area so long as they are placed appurtenant to a building wherein the business displays the bulk of its goods for sale.

      7.   No excessive or offensive dust, odor, smoke, intermittent light or noise shall be emitted which is discernible beyond the property lines, except that which emanates from the movement of motor vehicles. A premises shall be maintained in such a manner as to avoid unreasonable interferences with adjacent uses and to avoid public nuisances.

      8.   All outdoor lighting shall be designed to minimize direct glare to adjoining residences.

      9.   Where a manufacturing development adjoins any lot in any residential zone, there shall be provided and maintained along such property line an eight foot (8') minimum masonry sight obscuring fence.

      10.   Landscaping is to be installed (or bonded for, if occupancy is in a nonplanting season) prior to issuance of certificate of occupancy.

   D.   Infrastructure Improvement Schedule: Certificates of occupancy will be issued upon successful completion of infrastructure improvements according to the following schedule:

 

Within each phase any building desiring a building or an occupancy permit shall have all improvements directly related to the building's completion as determined by the community development supervisor or city engineer. This will include, but not be limited to, subsections D5 through D17 of this section. (Ord. 2000-23, 7-18-2000; amd. Ord. 2007-21, 4-3-2007; Ord. 2016-3, 1-5-2016; Ord. 2018-34, 12-11-2018)