Pleasant Grove City Zoning Code

CHAPTER 13

OVERLAY ZONES

ARTICLE C. DOWNTOWN MIXED USE OVERLAY ZONE (DMU)

(Rep. by Ord. 2017-27, 5-16-2017)

10-13A-1: PURPOSE AND OBJECTIVES:

The transit overlay (T) zone is established to provide areas by which a mixture of residential, office, commercial and related activities can co-exist near a regional transportation center. The transit overlay allows for a more intense and efficient use of land at increased densities for the mutual reinforcement of public investments and private development. The development standards and land uses in the transit overlay zone are designed to create a safe and pleasant environment near transit stations oriented to pedestrians and to those who rely upon public transportation; yet it minimizes potential conflicts between vehicles and pedestrians in areas that are more intensely built up with commercial and other activities. This overlay shall apply only to a zoning district when a regional transit center is included as part of any proposed development. The purpose of this article is to establish rules, regulations, standards and procedures for approval of a transit overlay to:

A. Strengthen and sustain the economic potential of the city and to create jobs;

B. Advance and promote sound growth and the general welfare;

C. Implement the adopted policies of the city general plan;

D. Ensure efficient, safe and aesthetic land development;

E. Provide development that is architecturally and aesthetically pleasing and compatible with the surrounding residential and commercial areas;

F. Provide for safe and efficient vehicular and pedestrian circulation; and

G. Develop proper safeguards to minimize the impact on the environment, including, but not limited to, air and water pollution, hazardous waste contamination and noise levels. (Ord. 2000-23, 7-18-2000)

10-13A-2: ZONE USED IN COMBINATION:

A. Required: The transit overlay may be used only in combination with a commercial zone as designated herein. The provisions of the transit overlay shall become supplementary to the zone with which it is combined. If a conflict arises between the provisions of the transit overlay and the provisions of the zone with which it is combined, the transit overlay provision shall be deemed controlling. The transit overlay shall not be applied to any land area as an independent zone.

B. Regional Transit Center Required: In order for the transit overlay to be applied to any property in the city, a regional transit center shall be required as part of the development.

C. Designation: When used in combination with a commercial (C-G, C-S, etc.) zone, the transit overlay designation (T) shall become a suffix to the zone and shall be shown in parentheses. When applied to a land area, said combined designation shall be shown on the zone map of the city as set forth in the following example:

If the transit overlay was being combined with the C-G zone, it would be designated on the zone map of the city as "C-G (T)". (Ord. 2000-23, 7-18-2000)

10-13A-3: DEFINITIONS:

As used in this article, the following words and terms shall have the meanings ascribed to them in this section:

BUILDING HEIGHT: A parking structure that meets the following criteria is exempt from calculating the building height:

A. The structure is located primarily below natural grade; and

B. The structure does not extend more than four feet (4'), at any point, above natural grade.

REGIONAL TRANSIT CENTER: A transportation complex that:

A. Must provide one hundred fifty (150) park and ride parking stalls; and

B. Must participate (or has the potential to participate) with government agencies in the development of a county wide plan to meet environmental protection agency (EPA) air quality standards; and

C. Must meet at least one of the following criteria:

1. The center is or shall be used by at least three (3) local bus routes or at least two (2) express bus routes; and

2. The center has the potential to provide a light or a commuter rail station. (Ord. 2000-23, 7-18-2000; amd. 2003 Code)

10-13A-4: PERMITTED, CONDITIONAL AND ACCESSORY USES:

A. Uses Listed Permitted: Those uses or categories of uses as listed herein, and no others, are permitted in the T overlay zone.

B. Standard Land Use Code: All uses contained herein are listed by number as designed 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 T overlay zone, subject to the limitations set forth herein.

D. Permitted Principal Uses: The following principal uses and structures and no others, are permitted in the transit overlay zone: (Ord. 2000-23, 7-18-2000)

Use Number		Use Classification
1131		Multiple-family dwelling (greater than 7 family occupancy units; to standards of section 10-13A-10 of this article)
1511		Hotels
4100, 4200		Regional transit center
4800		Public utilities
5400		Food stores (groceries, meats and fish, fruits and vegetables, candy, nuts, dairy products, bakeries, etc.)
5600		Apparel and accessory stores
5810		Eating places
5900		Miscellaneous retail stores (includes florists, newspapers and magazines, photo supplies, pet stores and other similar retail stores)
5940		Books, stationery, art and hobby supplies
5970		Jewelry stores
6200		Personal services, including laundry, photography, beauty and barber services, clothing repair, etc.
6279		Athletic clubs, body building studios, spas, aerobic centers, etc.
6500		Professional office complexes
6710		Governmental offices (excluding repair and maintenance facilities)
6730		Postal services
6815		Daycare facilities
7398		Video rental shops

(Ord. 2000-23, 7-18-2000; amd. 2003 Code; Ord. 2004-19, 8-17-2004)

E. Accessory Uses And Structures: Accessory uses and structures are permitted in the transit overlay, provided they are incidental to and do not substantially alter the character of the permitted 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, recreation rooms and similar structures which are customarily used in conjunction with and incidental to, a principal use or structure.

2. Swimming pools.

3. Vegetable and flower gardens and noncommercial orchards.

4. Storage of materials used for construction of a building, 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.

5. Household pets are permitted; provided, that the owner exercise reasonable and prudent animal husbandry. This requirement does not apply to kennels.

F. Conditional Uses: The following uses and structures are permitted in the transit overlay only after a conditional use permit has been issued and are subject to the terms and conditions thereof:

Use Number		Use Classification
1113		Single-family dwelling (attached to commercial or other nonresidential use)
1123, 1143		Duplexes to six-plexes (attached to commercial or other nonresidential use)
1292		Residential facility for disabled persons, except that no such facility shall be established or maintained within 3/4 mile of any other such facility
6810		Private educational institution having a curriculum similar to that ordinarily given in public schools
6910		Religious activities
7600		Parks and recreational activities
7610		Private recreational grounds and facilities, not open to the public and to which no admission charge is made

(Ord. 2000-23, 7-18-2000)

10-13A-5: AREA OF ZONE:

Each single transit overlay shall contain a minimum of eight (8) acres with a maximum of twenty five (25) acres. (Ord. 2000-23, 7-18-2000)

10-13A-6: LOT AREA:

A. Residential: The minimum land area required for any residential development in the transit overlay shall be five (5) acres.

B. Nonresidential: Minimum lot area for nonresidential uses shall be ten thousand (10,000) square feet. (Ord. 2000-23, 7-18-2000)

10-13A-7: LOT COVERAGE:

In the transit overlay, all buildings, including accessory buildings and structures, shall not cover more than forty percent (40%) of the area of the lot or parcel of land. (Ord. 2000-23, 7-18-2000)

10-13A-8: LOT WIDTH:

Each lot or parcel of land in the transit overlay, except corner lots, shall have an average width of not less than sixty five feet (65'). Each corner lot or parcel shall have a minimum average width of eighty feet (80'). (Ord. 2000-23, 7-18-2000)

10-13A-9: LOT FRONTAGE:

Each lot or parcel of land in the transit overlay shall abut on a public street for a minimum distance of forty five feet (45') on a line parallel to the centerline of the street or along the circumference of a cul-de-sac improved to city standards. Frontage on a street end which does not have a cul-de-sac improved to city standards shall not be counted in meeting this requirement. (Ord. 2000-23, 7-18-2000)

10-13A-10: RESIDENTIAL REQUIREMENTS:

The following requirements shall apply to all residential development in the transit overlay. Said requirements shall replace and supplement other provisions of this zone as applied to residential land uses. In case of conflicting provisions, the most restrictive shall apply to residential uses. Mixed use projects, where the ground floor use is nonresidential (i.e., retail shops on the main floor with apartments over the top), shall be built to the commercial development standards. Parking shall be calculated for each use individually, based on its own standard and combined on site.

A. Residential Density: The base density allowed for a residential development in the transit overlay is ten (10) units per acre. However, a density greater than the base density may be permitted up to a maximum density of twenty six (26) units with a conditional use when the following conditions are satisfied:

1. Building Design: Each dwelling structure shall have a minimum coverage of eighty percent (80%) of the entire exterior surface, exclusive of windows or doors, in either brick or stone. Required parking for each unit shall be provided by attached garages or carports.

2. Design Theme: Entrance designs to the development are required. The minimum entrance design shall consist of a monument sign naming the development surrounded by a variety of ground cover, shrubs and trees. Attached dwelling units shall have visual relief in facade and roof line which adds variety and rhythm to the design and avoids monotonous straight lines. Unifying architectural and landscaping design elements shall be carried throughout the project.

3. Recreational Amenities: Recreational amenities for the residents of the development are required. These amenities may include swimming pools, sport courts, spas, barbecue and picnic facilities, or other features as approved by the planning commission.

B. Front Yard: The minimum depth of the front yard for all buildings in the transit overlay shall be twenty five feet (25').

C. Side Yard: Except as provided in subsections D through F of this section, each residential lot or parcel of land in the transit overlay shall have a side yard of at least ten feet (10') on each side. Buildings exceeding thirty five feet (35') in height shall have side yards of ten feet (10') per side plus an additional one foot (1') of setback for each two feet (2') of building height over thirty five feet (35'), to a maximum setback of fifteen feet (15').

D. Corner Lot; Side Yard: On corner lots, the side yard contiguous to the street shall not be less than twenty five feet (25') in width and shall not be used for vehicular parking, except such portion as is devoted to driveway use for access to a garage or carport.

E. Side Yard Used As Access: When used for access to a garage, carport or parking area having fewer than five (5) parking spaces, a side yard shall be wide enough to accommodate an unobstructed twelve foot (12') paved driveway. When used for access to a garage, carport or parking area having six (6) or more spaces, a side yard shall be wide enough to provide for an unobstructed twelve foot (12') paved driveway for one-way traffic, or a sixteen foot (16') paved driveway for two-way traffic.

F. Accessory Building; Side Yard: An accessory building may have a minimum side yard of one foot (1') if, and only if, all of the following conditions are met:

1. The accessory building is located twenty five feet (25') or more to the rear of the front setback line and is at least twenty feet (20') from the closest part of the main building.

2. The accessory building has facilities for the discharge of all roof drainage onto the lot or parcel on which it is erected.

3. The walls of the accessory building have a minimum tested fire resistance of two (2) hours and are located at least ten feet (10') from a residence on an adjoining lot.

4. An accessory building which is more than ten feet (10') to the rear of a main building, but which does not conform to all of the above conditions, shall have a side yard of at least six feet (6').

5. All other accessory buildings shall maintain the same side yard as a main building.

G. Rear Yard: Each lot or parcel in the transit overlay shall have a rear yard of not less than twenty feet (20').

H. Accessory Building; Rear Yard: An accessory building may be located one foot (1') from the rear property line when said building meets both of the following:

1. Provides facilities to retain all roof drainage within the property on which said accessory building is located; and

2. An accessory building which is more than ten feet (10') to the rear of the main building but does not meet the above requirements, shall be located not less than six feet (6') from the property line. (Ord. 2000-23, 7-18-2000)

10-13A-11: PROJECTIONS INTO YARDS:

A. Permitted: The following structures may be erected on, or project into, any required yards:

1. Fences and walls in conformance with city codes and ordinances.

2. Landscape elements, including trees, shrubs, agricultural crops and other plants.

3. Necessary appurtenances for utility service. (Ord. 2000-23, 7-18-2000)

B. Carport Over Driveway: The structure listed below may project into any one interior side yard subject to international building code requirements. Only one such structure shall be permitted per lot. (Ord. 2000-23, 7-18-2000; amd. 2003 Code)

A carport over a driveway; provided, that such structure is not more than one story in height and twenty four feet (24') in length, and is entirely open on at least three (3) sides, except for necessary supporting columns and customary architectural features.

C. Minimum Projections: The structures listed below may project into a minimum front or rear yard not more than four feet (4') and into a minimum side yard not more than two feet (2'):

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

2. Fireplace structures and bays, provided they are not wider than eight feet (8') and are generally parallel to the wall of which they are a part.

3. 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)

10-13A-12: BUILDING HEIGHT:

No lot or parcel of land in the transit overlay shall have a building or structure used for multiple residential use that exceeds three (3) stories or thirty five feet (35') in height; or commercial use that exceeds fifty five feet (55') in height; except chimneys, flagpoles or similar structures not used for human occupancy. (Ord. 2000-23, 7-18-2000)

10-13A-13: DISTANCE BETWEEN BUILDINGS:

The minimum distance between any accessory building and a main building on a lot in the transit overlay shall not be less than fifteen feet (15'). 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. 2000-23, 7-18-2000; amd. 2003 Code)

10-13A-14: PARKING, LOADING AND ACCESS:

Each development in the transit overlay shall provide automobile parking sufficient to comply with the requirements of chapter 18 of this title. All parking spaces shall be paved with asphaltic or Portland cement concrete and shall be provided with paved access from a public street. Parking spaces shall not be provided within a required front yard. Paved access for five (5) or fewer parking spaces shall have a minimum width of twelve feet (12'). Paved access for six (6) or more spaces shall have a minimum width of twelve feet (12') for one-way traffic and sixteen feet (16') for two-way traffic. (Ord. 2000-23, 7-18-2000)

10-13A-15: PROJECT PLAN APPROVAL:

A. Preliminary Project Plan: Concurrent with any request to rezone property to the transit overlay, a preliminary project plan shall be submitted to and approved by the planning commission. Said preliminary project plan shall be drawn to scale and shall contain the following information:

1. The location of all existing and proposed buildings and accessory buildings on the site, with full dimensions showing distances between buildings and distances from buildings adjacent property lines.

2. The location of all parking spaces, driveways and points of vehicular ingress and egress.

3. The location of recreational vehicle storage areas, solid waste disposal areas and walkways and paths.

4. A landscaping plan showing the location, types and initial sizes of all planting materials to be used, together with the location of fences, walls, hedges, open spaces, attached signs and the location and types of sprinkling and irrigation systems.

5. Preliminary elevations of main buildings showing the general appearance and types of external materials to be used.

6. The location of all public and utility easements.

7. Any property used or proposed to be used in common.

8. A time schedule for the completion of landscaping, parking, street improvements and other improvements and amenities.

9. A storm water management plan.

10. Other materials as may be required by the planning commission.

B. Failure To Begin Construction: Upon failure to begin construction on the project within two (2) years of the approval date, the planning commission shall automatically initiate a rezoning action to revert said property to the zone existing on said land prior to the establishment of the transit overlay. (Ord. 2000-23, 7-18-2000)

10-13A-16: BUILDING DESIGN:

Architectural style selected for buildings in this zone shall conform to the following general design guidelines:

A. Harmony With Theme: The architectural design shall be in harmony with the dominant theme that exists in the neighborhood or a theme promoted by the city;

B. Roof Shapes: Roof shapes shall be appropriate to the architectural style in the area;

C. Building Materials: Building materials should be durable and suitable for the design in which they are used. Acceptable materials are brick, stucco, stone and other architectural material approved by the planning commission; and

D. Architectural Theme: All buildings in the zone shall follow the same complementary architectural theme. (Ord. 2000-23, 7-18-2000)

10-13A-17: OTHER REQUIREMENTS:

A. Signs: Unless otherwise prohibited by law, signs of the type and description listed below, and no others, may be placed and maintained in the transit overlay zone:

1. One sign or nameplate not exceeding twenty (20) square feet placed upon a building which identifies the name and address of an apartment structure or complex;

2. Two (2) temporary signs with a maximum area of six (6) square feet each, pertaining to the sale, lease or rent of the particular building, property or premises upon which displayed and no other;

3. Signs or monuments identifying points of interest or sites of historic significance. The size and location of said signs or monuments shall be specifically approved by the planning commission.

4. Commercial signs shall be approved on a case by case basis as part of the preliminary plan approval.

B. Landscaping: The following landscaping provisions shall apply in the transit overlay:

1. All open areas between the front property line and the rear line of the main buildings, except driveways, parking areas, walkways, utility areas, improved decks, patios, porches, etc., shall be maintained with suitable landscaping of plants, shrubs, trees, grass and similar natural landscaping materials. At least forty percent (40%) of the required front yard shall be devoted to landscaping.

2. For all new lots, the planting of a tree may be required in the parking area (utility strip) of the street in front of said lot or lots at an interval of thirty five feet (35').

3. Notwithstanding any other requirements, forty percent (40%) of the land area of any development within the transit overlay shall be devoted to landscaping when the height of the structure is more than two (2) stories. A building that is two (2) stories or less may reduce the total landscaping area to twenty five percent (25%). Of landscaped area provided, a maximum of thirty percent (30%) of the total required landscape area may be developed as hardscape, which may include interior decorative walkways, play areas, improved pads for barbecues, picnic areas, sports facilities, pools, or other functional recreational amenities. Hardscape areas cannot exceed thirty percent (30%) of the required landscaped area. Of the required landscaping, a portion shall be dedicated to providing a functional recreational open space area.

4. Initial landscaping shall include at least one tree per two (2) units and two (2) shrubs per unit.

5. In required landscaped areas, all trees shall have a minimum one and one-half inch (11/2") caliper trunk and all shrubs shall be a minimum five (5) gallon size.

6. All landscaped areas shall have sprinklers or irrigation systems as approved by the planning commission.

7. Commercial landscaping shall be of a comparable quality and shall be determined by the planning commission at the concept plan approval.

8. All required landscaping shall be in place before occupancy permits are issued or, if occupancy takes place in a nongrowing season, within twelve (12) months of date of occupancy permit (certificate). An agreement will be made between the applicant and the community development director to assure this requirement.

C. Trash Storage: All trash containers shall be screened from public streets and adjacent properties by an opaque wall or fence. Said containers shall not be located within the required front yard.

D. Walls And Fences: All fences in the transit overlay shall be erected in conformance with the provisions of section 10-15-38 of this title, providing the fence material is architecturally compatible with the design theme of the main structure.

E. On Site Management: Any individual, partnership or corporation operating more than eight (8) rental units in a transit district shall be required to maintain a resident manager.

F. Development Agreement Required: A development agreement shall be entered into between the city and the developer of any multi-family rental complex with more than eight (8) units.

1. Said agreement shall include an acknowledgment by the city and developer that the project shall include the components set forth in this article and any conditions set forth upon approval by the city. Any changes to the preliminary plan must meet with the approval of the planning commission.

2. The developer shall, as part of the agreement, post a maintenance deposit with the city of at least two-tenths of one percent (0.2%) of estimated construction costs, but not less than five thousand dollars ($5,000.00). Interest from the deposit shall accrue to the developer.

3. Said agreement shall provide for a notice and cure period. In the event the developer does not perform his/her responsibilities, the city may utilize funds from the deposit to remedy the problems. In the event the city draws upon the deposit to remedy maintenance or landscape deficiencies, the developer shall be required to replace one hundred fifty percent (150%) of the utilized funds.

G. Special Requirements For Historic Sites: On sites that include structures identified by the historic preservation commission as historically significant and contributing to the character of the community, the planning commission may require preservation or restoration of the existing structures as a condition precedent to permitting development.

H. Certificate Of Occupancy: A certificate of occupancy and zoning compliance, hereinafter referred to as "certificate", is required to be issued by the community development department at the time a building is completed and final inspection granted by the building inspection division. All improvements and conditions of approval associated with any development in this zone shall be completed according to the approved plan before issuing the certificate (see subsection B8 of this section for exception). (Ord. 2000-23, 7-18-2000)

I. Infrastructure: All required infrastructure shall be in place prior to the issuance of any certificate of occupancy. (Ord. 2016-3, 1-5-2016)

10-13B-1: INTRODUCTION AND PURPOSE:

The existing agricultural land in Pleasant Grove makes an important contribution to the quality of life within the city by preserving open space, providing diversity in the economy and the use of land within the city, and preserving an important part of the heritage of the city. The residential agriculture overlay is designed to encourage the preservation of agricultural uses within the city to the extent that they are compatible with residential uses. The purposes of the residential agriculture overlay (RAO) are as follows:

A. To encourage the preservation and permit the increased production of existing agricultural uses within the city in areas where residential and agricultural uses are compatible.

B. To provide owners and prospective owners of property located near property in the residential agriculture overlay with notice of the potential positive and negative effects that may be associated with the agricultural use of the property. (Ord. 2013-15, 6-4-2013)

10-13B-2: MINIMUM ZONE AREA:

The minimum area to which the agriculture overlay zone may be applied is two (2) acres. However, the agriculture overlay zone may be applied to a parcel of property less than two (2) acres in size if the parcel is located adjacent to another parcel to which the agriculture overlay zone has been previously applied. (Ord. 2013-15, 6-4-2013)

10-13B-3: PERMITTED USES:

All uses permitted in the underlying zone shall be permitted in the residential agriculture overlay. In addition, the following additional agricultural uses shall also be permitted in the residential agriculture overlay:

Use Number		Use Classification
8110		Field and seed crops
8130		Orchards and vineyards
8140		Livestock
8150		Animal specialties
8160		Pasture and rangeland
8170		Horticulture specialties
8180		Fallow
8190		Agriculture, NEC
8210		Agriculture processing (limited to activities that do not provide excessive noise, odor, dust, etc.)
8220		Animal husbandry
8290		Other agricultural related activities, NEC

(Ord. 2013-15, 6-4-2013)

10-13B-4: ANIMALS:

Animals shall only be allowed on the net usable agricultural acreage (total acreage less the main residential structure, any residential accessory structures and amenities, and the area of the yard within 25 feet of the main structure) in the residential agriculture overlay in accordance with the following limitations:

A. Any combination of fifteen (15) goats, sheep, llamas or similar animals per net usable agricultural acre,

B. Any combination of pigs, hogs, or other similar animals, at a total of four (4) per net usable agricultural acre,

C. Any combination of cows, horses, donkeys, or other similar animals, at a total of two (2) per net usable agricultural acre, and

D. Any combination of chickens, ducks, pigeons, rabbits, hares, or other similar animals, at a total of one hundred (100) per net usable agricultural acre.

Shelter structures shall be provided for the housing of all animals, and all accessory structures for the keeping of animals and fowl such as barns, pens, and corrals shall have a rear yard of not less than twenty feet (20') and shall be located at least seventy five feet (75') from any neighboring dwelling and fifty feet (50') from the dwelling on the lot and any public street. The raising and sheltering of farm animals shall be limited to the buildable area of the lot. (Ord. 2013-15, 6-4-2013)

10-13B-5: APPLICATION:

The residential agriculture overlay may be applied to property in any residential zone. (Ord. 2013-15, 6-4-2013)

10-13B-6: DEVELOPMENT STANDARDS:

Except as expressly modified in this article, all development standards applicable in the underlying zone shall apply in the residential agriculture overlay. (Ord. 2013-15, 6-4-2013)

10-13B-7: ACCESSORY STRUCTURES:

Carports (for small vehicles only) and other detached accessory buildings not having walls shall be set back a minimum distance of three feet (3') from an interior side or rear property line. Any large or farm vehicles shall be kept within an enclosed garage, or otherwise stored a minimum of twenty five feet (25') from neighboring properties. Accessory structures customarily associated with an agricultural use may exceed twenty five feet (25') in height, up to thirty five feet (35'), upon conditional use permit approval by the planning commission. See section 10-9B-7 of this title for additional accessory structure requirements. (Ord. 2013-15, 6-4-2013)

10-13B-8: PROPERTY MAINTENANCE:

The area around all structures in the residential agriculture overlay shall be kept free from refuse and debris, and all waste containers shall be concealed from the view of adjacent properties. (Ord. 2013-15, 6-4-2013)

10-13B-9: INTENT TO PRESERVE EXISTING AGRICULTURAL USES:

Pleasant Grove City hereby declares its intent to promote and preserve existing agricultural uses within the city; provided, however, that nothing herein shall be construed to prohibit an owner or agricultural property from ceasing the agricultural use of the property or applying for a zone change. The city further affirms its intent not to enact any ordinance, resolution or policy that would unreasonably restrict agricultural structures or agricultural practices unless necessary to promote the public health, safety and welfare. (Ord. 2013-15, 6-4-2013)

10-13B-10: NUISANCE PROTECTION:

The city recognizes that the practice of the agricultural uses permitted herein may result in occasional excess light, noise, dust or smoke. Such occasional excess light, noise, dust or smoke shall not be considered a nuisance under the ordinances of Pleasant Grove City provided that such conditions are occasional and not continuous, are the result of normal and accepted agricultural practices, and do not pose a threat to the public health, safety or welfare. (Ord. 2013-15, 6-4-2013)

10-13B-11: NOTICE ON PLAT:

The owner(s) of any new subdivision located within three hundred feet (300') of a residential agriculture overlay shall provide the following notice on any plat submitted to the city:

This property is located in the vicinity of an agriculture overlay zone in which certain agricultural uses are permitted. There may be certain negative effects associated with the agricultural practices that may be conducted in the agriculture overlay zone such as excess light, noise, dust, smoke, etc. The use and enjoyment of the property included within this subdivision is expressly conditioned on acceptance of any annoyance or inconvenience, which may result from such agricultural uses and activities.

(Ord. 2013-15, 6-4-2013)

10-13B-12: SALE OF PRODUCTS AS VALID ACCESSORY USE:

The sale of produce or products harvested from land within a residential agriculture overlay may be conducted on the property from which the produce/products were harvested as a valid accessory use, as long as such sales activities are minor and incidental to the property uses. (Ord. 2013-15, 6-4-2013)

10-13B-13: DRIVEWAY STANDARDS:

The following standards shall take precedence over any conflicting standards in this title:

A. A maximum of two (2) driveways may be installed providing that:

1. The two (2) driveways shall not exceed a combined width of sixty feet (60'); and

2. The minimum street frontage required for two (2) driveways is two hundred feet (200').

B. A minimum separation of sixty feet (60') shall be required between two (2) driveways.

C. No driveway shall exceed forty feet (40') in width. (Ord. 2015-2, 1-20-2015)

10-13D-1: PURPOSE:

A. The purpose of the rural commercial overlay zone is to promote the redevelopment, beautification and community oriented commercial use of properties in rural areas of Pleasant Grove, while maintaining the very low density residential character of the area. (Ord. 2011-1, 3-29-2011; amd. Ord. 2016-2, 1-5-2016)

10-13D-2: LOCATION OF RURAL COMMERCIAL OVERLAY ZONE:

A. The rural commercial overlay zone is for application only on properties having structures or uses of historic or agricultural value located in areas identified in the Pleasant Grove general plan as low density residential or very low density residential, on a project area of at least one acre in size. (Ord. 2011-1, 3-29-2011; amd. Ord. 2016-2, 1-5-2016; Ord. 2016-12, 6-21-2016)

10-13D-3: PERMITTED AND CONDITIONAL USES:

A. Uses Listed Permitted: Those uses or categories of uses as listed herein, and no others, are permitted in the rural commercial overlay 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 rural commercial overlay zone, subject to the limitations set forth.

D. Permitted Principal Uses: The following principal uses and structures, and no others, except as otherwise listed as permitted or conditional uses in the R-R, rural residential zone, are permitted in the rural commercial overlay zone:

Use Number	Use Classification
5147	Wholesale of fruit, vegetables and plants, fresh
5391	Dry goods and general merchandise (yarn shops, boutiques, crafts, etc.)
5430	Retail trade of fruit, vegetables and plants
5450	Dairy products (off premises consumption only)
5460	Bakeries
5490	Retail Trade; Food, NEC
6299	Other personal services (wedding chapels and reception centers only)
6519	Other medical and health services, therapy counseling offices only. (Outpatient only, overnight stays are prohibited)
6800	Educational services
7100	Cultural activities
7230	Public assembly, miscellaneous purposes
7396	Dance halls and ballrooms only
7424	Recreation and community centers
7621	Developed park land, leisure and ornamental

E. Conditional Uses: The following uses and structures are permitted in the rural commercial overlay zone only after a conditional use permit has been issued, and subject to the terms and conditions thereof:

Use Number	Use Classification
1516	Bed and breakfast inn
5440	Candy, nuts and confectionery
5811	Restaurants1
5991	Florists
5995	Gifts, novelties, etc.
7900	Other cultural, entertainment and recreational activities, NEC

1. A restaurant can only be established if the following requirements are met:

a) The site shall have frontage along 2600 North.

b) A minimum of two (2) acres shall be required for a restaurant site.

c) The square footage of the restaurant designated for food service (size) of the restaurant shall be determined and limited by the number of legal parking spaces provided on site.

Other similar uses not specifically listed above may be approved by the planning commission, with the issuance of a conditional use permit, upon findings that the proposed use most closely fits within one of the listed categories, and that any expected impacts will be no greater than that of other uses listed. (Ord. 2011-1, 3-29-2011; amd. Ord. 2016-2, 1-5-2016; Ord. 2016-12, 6-21-2016; Ord. 2019-19, 9-3-2019)

10-13D-4: YARD REQUIREMENTS:

The following minimum requirements shall apply in the rural commercial overlay zone (Note: All setbacks are measured from the property line.):

A. Front Yard: Each lot or parcel in the rural commercial overlay zone shall have a front yard of not less than twenty five feet (25').

B. Side Yard: Each lot or parcel of land in the rural commercial overlay zone shall have a side yard of not less than ten feet (10') on each side of a principal structure.

C. Rear Yard: Each lot or parcel shall have a rear yard of not less than twenty five feet (25'). This does not apply on existing historical principal structures. (Ord. 2011-1, 3-29-2011; amd. Ord. 2016-2, 1-5-2016)

10-13D-5: LANDSCAPE BUFFER REQUIREMENTS:

A. Landscaped Yard: Where a lot in the rural commercial overlay zone abuts a lot in any residential zone, there shall be provided a landscaped yard of at least ten feet (10') in width along such property line. Parking lots shall have a landscaped area of at least ten feet (10'), which shall have a minimum two foot (2') berm with other landscape screening (shrubbery, large plants and trees) where adjacent to a public street. (Ord. 2011-1, 3-29-2011; amd. Ord. 2016-2, 1-5-2016)

10-13D-6: MINIMUM NUMBER OF PARKING SPACES REQUIRED:

Commercial uses within the rural commercial overlay zone shall be required to install one parking space per one hundred fifty (150) square feet of gross floor area. (Ord. 2011-1, 3-29-2011; amd. Ord. 2016-2, 1-5-2016)

10-13E-1: PURPOSE:

The senior housing overlay zone (SHO) is established to provide an area for independent senior housing developments that are in proximity to community commercial or civic centers. This overlay zone is not intended for assisted living, nursing homes, hospitals, clinics, healthcare centers, or like uses. The intent of this overlay zone is to provide adequate accommodation for senior citizens, where the lifestyle is less burdensome and more convenient for residents to perform daily activities. (Ord. 2013-32, 11-6-2013; amd. Ord. 2016-2, 1-5-2016)

10-13E-2: DEFINITION:

"Independent senior housing" refers to a multi-unit housing development that is restricted to older adults, usually age fifty five (55) and over, and shall be defined as housing for the elderly as per federal housing guidelines. Included are two (2) permitted types of development:

A. Single-family retirement community with resident ownership of attached or detached single-family homes, having amenities but few or no services, and

B. Congregate housing with units that have a tenant-landlord relationship or that are individually owned, accommodating the varied housing and lifestyle needs and desires of seniors by providing some amenities and services. (Ord. 2013-32, 11-6-2013; amd. Ord. 2016-2, 1-5-2016)

10-13E-3: APPLICABLE ZONES:

The SHO zone may be applied onto properties within the following zones: downtown village, CS-2, C-N and the grove zone - mixed housing subdistrict. (Ord. 2013-32, 11-6-2013; amd. Ord. 2016-2, 1-5-2016)

10-13E-4: DENSITY AND AREA REQUIREMENTS:

A. Maximum Density:

1. Single-family retirement communities shall have a maximum density of eight (8) dwelling units per acre.

2. Congregate housing developments shall have a maximum density of twenty four (24) dwelling units per acre. In mixed use developments, density shall be calculated using only the immediate acreage of buildings, parking, landscaped areas and roadways specifically associated with the housing development.

B. Parcel Size: Congregate housing developments shall be limited to a total parcel size of not more than eight (8) acres. (Ord. 2013-32, 11-6-2013; amd. Ord. 2016-2, 1-5-2016)

10-13E-5: SETBACK REQUIREMENTS:

A. Minimum setbacks for single-family retirement communities shall be the same as those found within the underlying zone. Variations to these requirements may be approved by the planning commission, upon the positive recommendation of the design review board, based on a well designed site plan.

B. The minimum building setback for congregate housing development buildings is twenty five feet (25') from rear and side property lines and forty feet (40') from street frontages. (Ord. 2013-32, 11-6-2013; amd. Ord. 2016-2, 1-5-2016)

10-13E-6: ACCESSORY BUILDINGS:

Allowable accessory buildings and facilities include freestanding club facilities for member use; garage structures, carports, and sheds; pools and jacuzzis; recreation facilities such as game rooms, fitness facilities, basketball courts, tennis courts, and similar structures. Other structures may be approved by the planning commission, upon the positive recommendation of the design review board. (Ord. 2013-32, 11-6-2013; amd. Ord. 2016-2, 1-5-2016)

10-13E-7: BUILDING HEIGHT:

The maximum height for all buildings and structures in the SHO zone shall be the same as found within the underlying zone. (Ord. 2013-32, 11-6-2013; amd. Ord. 2016-2, 1-5-2016)

10-13E-8: LANDSCAPING:

Landscaping requirements shall be the same as found within the underlying zone. Variations may be approved by the planning commission, upon the positive recommendation of the design review board. (Ord. 2013-32, 11-6-2013; amd. Ord. 2016-2, 1-5-2016)

10-13E-9: OPEN SPACE:

A. Senior housing developments with a density of more than eight (8) units per acre (whether a stand alone project or part of a mixed use development) shall provide a minimum of thirty percent (30%) of the net developable site area for open space. At least seventy five percent (75%) of that open space must be usable, contiguous open space, available for recreational uses not located within required buffer areas. Open space may include parks, walkways, natural areas, landscaped areas and usable wetland areas. Open space may not include leftover space between buildings, or narrow space under ten feet (10') in width that is immediately adjacent to buildings, where the space is between the building and parking areas, drive aisles or inner development roads.

B. Senior housing developments with a density of less than eight (8) units per acre shall include a mix of usable, contiguous open space and amenities for social activities. It is the developer's responsibility to show that the mix of open space and amenities provided shall be a beneficial part of a well designed site plan. (Ord. 2013-32, 11-6-2013; amd. Ord. 2016-2, 1-5-2016)

10-13E-10: PARKING:

A. Two and one-half (2.5) parking stalls shall be required for each single-family attached residential unit.

B. One and one-fourth (1.25) parking stalls shall be required for each congregate type residential unit. (Ord. 2013-32, 11-6-2013; amd. Ord. 2016-2, 1-5-2016)

10-13E-11: RV STORAGE:

An independent senior housing development may provide recreational vehicle and/or boat storage areas for up to twenty percent (20%) of dwelling units within the development. Storage areas shall be fenced from neighboring properties by a minimum eight foot (8') solid masonry wall. RVs, motor homes, trailers and boats stored on the property shall not be used as a residence. (Ord. 2013-32, 11-6-2013; amd. Ord. 2016-2, 1-5-2016)

10-13E-12: OCCUPANCY RESTRICTIONS:

The units are intended for, and to be occupied by, at least one person fifty five (55) years of age or older per unit. However, a unit may be occupied by the surviving member(s) of a household, regardless of age, if the fifty five (55) years of age or older qualifying person has passed away, provided the surviving member(s) was a resident of the unit at the time of that qualifying person's death. (Ord. 2013-32, 11-6-2013; amd. Ord. 2016-2, 1-5-2016)

10-13E-13: ARCHITECTURAL DESIGN:

The architectural design of an independent senior housing development shall comply with architectural design guidelines as established in the zone where the facility is proposed. An exception to this requirement may be approved by the planning commission, upon the positive recommendation of the design review board, based on a well designed, architecturally pleasing site plan. (Ord. 2013-32, 11-6-2013; amd. Ord. 2016-2, 1-5-2016)

10-13E-14: SITE PLAN REQUIRED:

An application for an independent senior housing development pursuant to this chapter shall be accompanied by a site plan. Site plans for independent senior housing developments shall be reviewed for approval by the planning commission and the city council. Upon prior recommendation of the planning commission, the city council may set other reasonable conditions for any development which it feels will further the intent of this article. (Ord. 2013-32, 11-6-2013; amd. Ord. 2016-2, 1-5-2016)

10-13E-15: CODE COMPLIANCE:

The development shall meet all city and state building, safety and health laws and regulations applicable to other dwellings in the zone. Further, the facility shall meet all state and federal laws which apply to structures and facilities used by senior people. (Ord. 2013-32, 11-6-2013; amd. Ord. 2016-2, 1-5-2016)

10-13F-1: PURPOSE:

A. The purpose of the indoor storage overlay zone is to provide flexibility for the development of properties in the downtown village zone in Pleasant Grove, while meeting the design requirements and character of the zone. (Ord. 2016-6, 3-29-2016)

10-13F-2: LOCATION OF INDOOR STORAGE OVERLAY ZONE:

A. The indoor storage overlay zone is for application only on properties within the downtown village zone, on lots having at least two (2) acres in size. (Ord. 2016-6, 3-29-2016)

10-13F-3: PERMITTED USE:

A. Land use 6377, indoor climate control storage facilities is the only permitted use in the indoor storage overlay zone, in addition to any uses permitted in the underlying downtown village zone. (Ord. 2016-6, 3-29-2016)

10-13F-4: YARD REQUIREMENTS:

The following minimum requirements shall apply in the indoor storage overlay zone (Note: All setbacks are measured from the property line.):

A. Front Yard: Each lot or parcel in the indoor storage overlay zone shall have a front yard of not less than twenty five feet (25').

B. Side Yard: Each lot or parcel of land in the indoor storage overlay zone shall have a side yard of not less than twenty five feet (25') on sides that abut properties in any residential zone or transitional district.

C. Rear Yard: Each lot or parcel shall have a rear yard of not less than twenty five feet (25') if the rear yard abuts properties in any residential zone or transitional district. (Ord. 2016-6, 3-29-2016)

10-13F-5: LANDSCAPE BUFFER REQUIREMENTS:

A. Landscaped Yard: Where a lot in the indoor storage overlay zone abuts a lot in any residential zone or transitional district, there shall be provided a landscaped yard of at least ten feet (10') in width along such property line. (Ord. 2016-6, 3-29-2016)