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Providence City Zoning Code

CHAPTER 10

4 ESTABLISHMENT OF DISTRICTS

10-4-1 Zoning Districts Established

The city is hereby divided into zoning districts. Portions of each district may also be designated as being within a hazard or redeveloping zone and thus be subject to additional regulations (see PCC 10-3-5, 10-5-1 and chapter 10-14). The regulations established herein are uniform for all classes of buildings within each district. The districts established herein shall be known as:

District

Abbreviation

Minimum Lot Size (in sq. ft.)

Summary

Agricultural District

AGR

217,800 (5 acres)

Agricultural operations.

Residential District R-1-1 (Min. Lot Size 1 Acre)

R-1-1

43,560 (1 acre) *

Single-family residential type uses. Home businesses may be allowed as a permitted use or a conditional use.

Residential District R-1-20 (Min. Lot Size 20,000 Sq. Ft.)

R-1-20

21,800*

Residential District R-1-12 (Min. Lot Size 12,000 Sq. Ft.)

R-1-12

12,000*

Residential District R-1-10 (Min. Lot Size 10,000 Sq. Ft.)

R-1-10

10,000

Residential District R-1-8 (Min. Lot Size 8,000 Sq. Ft.)

R-1-8

8,000

Residential District R-1-6 (Min. Lot Size 6,000 Sq. Ft.)

R-1-6

6,000

Mobile Home District

MHD

5,000

Multiple Residential District R-M-7 (7 Residential Units Per Net Acre)

R-M-7

10,000

Multifamily residential type uses. Home businesses may be allowed as a permitted use or a conditional use.

Multiple Residential District R-M-12 (12 Residential Units Per Net Acre.)

R-M-12

 

Multiple Residential District R-M-18 (18 Residential Units Per Net Acre.)

R-M-18

 

Mixed-Use District (25-33 Units Per Net Acre.)

MXD

 

See PCC 10-4-4.

Commercial Neighborhood District

CND

 

Small scale, day-to-day convenience shopping and services for residents of the immediate neighborhood.

Commercial General District

CGD

 

Retail, personal service, entertainment, office and related commercial uses.

Commercial Highway District

CHD

 

Retail uses (88%), minimal nonretail use allowed (12%).

Planned District

P

 

See PCC 10-4-3.

Public District

PUB

 

See PCC 10-4-5.

Recreation District

REC

 

 

Life Cycle Residential District 4-12 (Min. 4 Units Per Net Acre. Max 12 Units Per Net Acre.)

LCR 4-12



*Lot size averaging may be used in these zones. See PCC 10-8-2A.

(Code 1998, § 10-4-1; Ord. No. 011-2009, 12-8-2009; Ord. No. 2015-007, 2-24-2015; Ord. No. 2018-005, 4-24-2018; Ord. No. 2019-001, 1-8-2019; Ord. No. 2021-012, 7-21-2021)

State law reference—Districts authorized, U.C.A. 1953, § 10-9a-505.

HISTORY
Adopted by Ord. 06-2022 on 9/21/2022
Amended by Ord. 08-2022 on 11/16/2022

10-4-2 Boundaries Of Districts

  1. Established; zoning map. The boundaries of the zoning districts are hereby established as delineated on the officially adopted map (or maps) entitled, "Zoning Map of Providence City, Utah," or as hereafter amended by due process. The zoning map and all boundaries, notations and other data shown thereon shall be as much a part of this title as if fully described and detailed herein. The map shall be filed in the office of the city and may be examined by the public and made available for city use.
  2. Boundaries not established; determination. District boundary lines that are not established by legal definition shall be determined as follows:
    1. Boundaries indicated as being approximately upon the center line of a street, alley, easement, block, canal, waterway or other existing landmark shall be construed to follow such center line.
    2. Boundaries indicated as following lot lines shall be construed as following such platted lot lines.
    3. Boundaries indicated as following city limits shall be construed as following such legal city limit lines.
    4. Boundaries indicated as being parallel to or extensions of features indicated on the map shall be so construed. Distances not specifically designated shall be determined by the scale of the map.
    5. Whenever any street, alley or other public way is vacated by official action of the city council, or whenever such area is franchised for building purposes, the zoning district line adjoining each side of such street, alley or other public way shall be automatically extended to the center line of such vacated street, alley or way and all area so involved shall then and henceforth be subject to all regulations of the extended districts.
    6. Any uncertainty regarding district boundaries not clarified by the five preceding criteria shall be referred to the appeal authority for resolution.
  3. Changes. Changes in the boundaries of the zoning districts shall be made only by due process as set forth in PCC 10-1-5.

(Code 1998, § 10-4-2; Zon. Ord., 5-8-1991; Ord. No. 011-2009, 12-8-2009; Ord. No. 2015-007, 2-24-2015; Ord. No. 2018-005, 4-24-2018; Ord. No. 2019-001, 1-8-2019; Ord. No. 2021-012, 7-21-2021)

HISTORY
Adopted by Ord. 06-2022 on 9/21/2022

10-4-3 Planned District (P)

  1. Purposes.
    1. To encourage and provide a means for effectuating desirable development through the use of variations in site layout, mixed land uses, and/or varied dwelling or other buildings.
    2. To preserve the amenities and compatibility of P districts by adoption of a general development plan, showing proper orientation, desirable design character, and compatible land uses.
    3. To provide for the orderly pre-planning and long-term development for a variety of uses of large tracts of land which are under unified ownership or development control, so as to ensure that the entire tract will provide an environment of stable and desirable character.
    4. To give the developer reasonable assurance that sectional development plans prepared in accordance with an approved general development plan will be acceptable to the local jurisdiction. Sectional development plans shall include subdivision plans and/or planned unit development plans as provided for in this chapter.
    5. To enable the adoption of measures providing for development of the surrounding area in character compatible with the planned district.
  2. Standards and requirements. The following provisions shall apply in a P district, which district shall also be subject to other provisions of the zoning ordinance, except that where conflict in regulations occurs, the regulations specified in this chapter, or on a development plan approved pursuant to this chapter, shall apply.
    1. P districts may be established on parcels of land which are suitable for, and of sufficient size to be planned and developed in a manner consistent with the purposes and objectives of this chapter. No P district shall include less than ten acres of contiguous land.
    2. No ordinance establishing a P district shall be adopted unless and until there is on file with the local jurisdiction written consent of every property owner within such district at the time of adoption of the ordinance from which this chapter is derived, agreeing:
      1. That the owner will be bound by the conditions and regulations proposed and which will be effective within the district; and
      2. To record such written agreement with the county recorder.
    3. Before detailed studies of any P district development plans shall be undertaken by the planning staff or the planning commission, there shall be on file with the local jurisdiction the written request of all property owners within the proposed district that such detailed studies be made.
    4. Standards for area, coverage, density, yard requirements, parking and screening for P district uses shall be governed by the standards of the residential, commercial, or industrial zoning districts most similar in nature and function to the proposed P district use, as determined by the planning commission, and as modified by the approved general development plan. Standards for public improvements shall be governed by applicable ordinances and laws. Exceptions to these standards by the planning commission and by the governing body are possible, when these bodies find that such exceptions encourage a desirable living environment and are warranted in terms of the total proposed development or unit thereof.
  3. Preliminary development plan approval.
    1. Procedure and applications. Prior to the filing of a formal P district rezoning application, the applicant shall submit a preliminary development plan for an approval in principle thereof by the planning commission and the governing body.
      1. The preliminary development plan and text shall be prepared and endorsed by a qualified urban planner, with other professional assistance as required, and shall include the following information presented in a general schematic fashion:
        1. The topographic character of the land, and any major grading intended;
        2. Proposed land uses, population densities, and building intensities;
        3. Proposed circulation pattern indicating both public and private streets;
        4. Proposed parks, playgrounds, school sites, and other open spaces;
        5. A market analysis of proposed uses, if required by the planning commission, if the property is not zoned for commercial purposes at the time of submittal of the preliminary development plan;
        6. Delineation of the units to be constructed in progression, if any; and relation of the proposed development to future land use in surrounding area and as shown on the master plan.
  4. Public hearing, optional. A public hearing on the preliminary development plan may be held by the planning commission and governing body. Approval in principle of the preliminary development plan shall be limited to the general acceptability of the land uses proposed and their interrelationships and shall not be construed to endorse precise location of uses, configuration of parcels, or engineering feasibility, and such approval shall not be construed as or deemed to be in any form or sense a commitment to approve any subsequent formal rezoning application.
  5. General development plan and schedule approval. Together with the application for rezoning classification, the applicant shall submit the following general development plan consisting of documents and supporting evidence, prepared and endorsed by a qualified professional team, as required by the planning commission.
    1. A survey map prepared and certified by a licensed surveyor of the property, showing existing features of the property including specimen trees, structures, streets, easements, drainage channels, utility lines, and existing land uses;
    2. A general development plan which shall be in reasonable conformance with the approved preliminary plan, showing as appropriate, all the information required on the preliminary development plan; the approximate location and proposed density of dwelling units; nonresidential building uses and intensities; and land use considered suitable for adjacent properties;
    3. A schedule for the development of units to be constructed in progression and a description of the design principles for buildings and streetscapes; tabulation of total number of acres in the proposed project and the percent thereof designated for the various uses; the number of dwelling units proposed by type of dwelling unit of the P district; estimated nonresidential population; proposed retail sales area and economic justification; anticipated timing for construction of each unit; and standards for height, open space, building intensity, population density, and public improvements proposed for each unit of development whenever the applicant proposes an exception from standard zoning district or other ordinance regulations governing development;
    4. Evidence that the applicant has sufficient control over the land to effectuate the proposed plan;
    5. Engineering and other feasibility studies, as necessary; and if the development or plan is to be approved in stages, each stage of development shall be completed prior to proceeding to the next stage, or adequate performance guaranties be posted to ensure completion of each approved stage.
  6. Findings required.
    1. The planning commission, after public hearing, may recommend the establishment of a P district, and the governing body, after public hearings, may by ordinance establish a P district, provided that both find that the facts submitted with the application and presented at the hearings establish that:
      1. The proposed P district or a given unit thereof, can be substantially completed within two years of the establishment of the P district;
      2. That each individual unit of development as well as the total development, can exist as an independent unit capable creating an environment of sustained desirability and stability, or that adequate assurance will be provided that such objective will be attained; and that the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under other zoning districts;
      3. That the streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the P district;
      4. That commercial development can be justified economically at the locations proposed to provide commercial facilities;
      5. That the area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development;
      6. That any exception from standard ordinance requirements is warranted by the design and amenities incorporated into the general development plan, in accordance with adopted policy of the planning commission and the governing body;
      7. That the P district is in conformance with the master plan; and
      8. That existing or proposed utility services are adequate for the population and use densities proposed.
  7. Planning commission and governing body's action.
    1. If, from the facts presented, the planning commission, or the governing body is unable to make the necessary findings, the application shall be denied.
    2. In taking action, the planning commission may deny the general development plan and general development schedule as submitted or may recommend approval of said plan and schedule to the governing body, subject to specified amendments.
    3. Upon application for rezoning of an area to a P district and recommendation of such rezoning by the planning commission, the governing body shall hold a public hearing thereon as required by other amendments to the zoning ordinance.
    4. Changes of use or density of an approved general development plan shall be considered the same as a change in the zoning map and shall be made in accordance with the provisions for amendments of the zoning ordinance. If no development has occurred to effectuate a P district development within two years after the district is created, the planning commission shall review the action and determine whether or not the continuation of a given P district is in the public interest. If the planning commission so recommends, the governing body may order the area reverted to the original district from which it was created, without a public hearing.
    5. At the time of adoption of any ordinance establishing a P district, the governing body shall make appropriate arrangements with the applicant to ensure the accomplishment, at the scheduled times, of the public improvements, public dedications, and grants of easement shown on the approved general development plan. The P district shall be given an appropriate name, number or letter to identify it; and the approved general development plan shall be adopted by reference and become a part of this title.

(Code 1998, § 10-4-3; Ord. No. 011-2009, 12-8-2009; Ord. No. 2015-007, 2-24-2015; Ord. No. 2018-005, 4-24-2018; Ord. No. 2019-001, 1-8-2019; Ord. No. 2021-012, 7-21-2021)

HISTORY
Adopted by Ord. 06-2022 on 9/21/2022

10-4-4 Mixed-Use District

  1. Purpose. The Mixed-Use District is established to encourage transition between zones and to stimulate economic development by providing a unique planning environment that combines retail, commercial, office, and residential development in a pedestrian-friendly manner. This district encourages creative development and site. The MX district includes a mixture of uses with no one land use type being a constant dominate or prevailing use. Of the uses (retail, commercial, office, and residential development) included in the development, no one use can be more than 50 percent of the entire development. Residential development is required.
    1. The percentage of each use is determined by the total square footage of each unit in the particular use.
  2. Procedures.
    1. The planning commission shall be the land use authority for approval of all development proposals in the MX district. All exterior construction visible from adjacent properties or public streets must also be reviewed and approved by the planning commission.
    2. Prior to the planning commission taking action, plans must be submitted in accordance with the zoning ordinance.
    3. All submissions shall be made in conformance with the adopted application and agenda deadline schedule.
  3. Uses allowed. The variety of uses allowed in a MX district are intended to create a mix of retail, commercial, and residential dwelling land use types that can be developed in a compact design that encourages compatibility of uses. Permitted uses include, but are not limited to, single-family and multifamily residential uses, entertainment, office, and personal services, such as business office, dental clinic, medical clinic, licensed professional offices, optical shop, pharmacy, studios for art/dance/drama/photography/etc., bakery/confectionery sales, barber/beauty shop, pet grooming, bank/financial, fitness center, and theater. See PCC 10-6-1 for a complete list of uses. Any uses not listed on a table in that section are not permitted.
  4. Development standards. The following provisions shall apply in a MX district, which district shall also be subject to other provisions of this title, except that where conflict in regulations occurs, the regulation specified in this chapter, or on a development plan approved pursuant to this chapter, shall apply.
    1. Open space. Usable open space shall be provided within the mixed-use development with the amount and type of open space depending upon size, scale, and nature of the development as determined by the planning commission. Approved open space may include, but is not limited to, commons, pocket parks, plazas, courtyards, landscape features, water fountains and features, and greenbelts. Open space shall be maintained by owners or the homeowners' association. The design shall encourage comfortable and safe pedestrian use, including landscaping, seating areas, and lighting as appropriate.
    2. Standards for area, coverage, density, yard requirements, parking and screening for MX district uses shall be governed by the standards of the residential or commercial zoning districts most similar in nature and function to the proposed MX district use, as determined by the planning commission, and as modified by the approved general development plan. Standards for public improvements shall be governed by applicable ordinances and laws. Exceptions to these standards by the planning commission and by the governing body are possible, when these bodies find that such exceptions encourage a desirable living environment and are warranted in terms of the total proposed development or unit thereof.
    3. Horizontal design. Mixed-use projects can utilize horizontal design where commercial, office, and residential uses are designed as a single project, yet constructed in separate and distinct building footprints. The maximum density for horizontal design is 25 units per net acre.
    4. Vertical design. Vertical design mixed-use uses design strategies where commercial, office, and residential uses are designed as a single project and constructed within the same building footprint. Vertical mixed-use promotes pedestrian-oriented commercial and retail uses on the main level and office and/or residential uses on the upper floors.
      1. Mixed use projects utilizing vertical mixed use are eligible for a residential density bonus of up to 30 percent (33 units per net acre) provided other applicable standards are met.
    5. Maximum building height within the MX district shall be 45 feet. Building height is defined in PCC 1-3-2.
    6. Infrastructure minimum improvements. Infrastructure minimum improvements shall be completed and in place before the city will issue a building permit for any lot within the proposed development.
      1. The city considers the following public and/or private infrastructure minimum improvements essential or required to meet the building code, fire code, flood or stormwater management provisions, street and access requirements.
        1. All grading of roads and/or that portion of parking area (including pit run and road base) that serve as access to buildings as shown on the approved construction drawings, and all curb, gutter, and all utility trenches that lay inside the roadway;
        2. All stormwater (excluding finish grades and landscaping), water, sewer, and other improvements that may be deemed essential necessary public safety improvements; and
        3. Egress and ingress to provide acceptable and safe travel to and from each proposed structure in the approved development plan.
      2. Inspection. All required testing results and redline drawings must be turned in to the city before the minimum improvement inspection takes place. An inspection of the minimum improvements shall be made, and the city engineer will certify to the city, in writing, that the minimum improvements are complete prior to the issuance of any building permits.
        1. Asphalt shall not be laid prior to a minimum improvement inspection approval.
    7. Improvement completion assurance; improvement warranty.
      1. Before an applicant conducts any development activity or records a plat, the applicant shall:
        1. Complete any required landscaping or infrastructure improvements; or
        2. Post an improvement completion assurance for any required landscaping or infrastructure improvements (does not include infrastructure that is required to be private) of 100 percent of the incomplete or unaccepted landscaping or infrastructure.
      2. Improvement warranty. Up on acceptance of the landscaping and infrastructure improvements (does not include infrastructure that is required to be private) by the city, the applicant shall post a surety bond, letter of credit, or other similar security in an amount of ten percent of the lesser of the:
        1. Municipal engineer's original estimated cost of completion; or
        2. Applicant's reasonable proven cost.
  5. Architectural design and materials. The treatment of building mass, materials and exterior finishes shall create an aesthetically pleasing building and site that is in character with the proportions of other surrounding developments. Proposed developments shall be designed with a common theme. The use of theme in a proposed development shall be reviewed and approved by the planning commission. Requirements applicable to all buildings are stated below:
    1. All sides of buildings shall receive equal design consideration, particularly where exposed to vehicular or pedestrian traffic and adjacent properties. Facade shifts shall be encouraged on structures with a width greater than 50 feet.
    2. Basic exterior construction materials shall be limited to no more than three types of materials per building and all buildings within the development shall possess a similar architectural theme. Building styles shall be compatible with existing buildings in the MX district.
    3. Buildings shall be designed to relate to grade conditions with a minimum of grading and exposed foundation walls.
    4. Mechanical equipment shall be located or screened so as not to be visible from public and private streets. Screens shall be aesthetically incorporated into the design of the building whether located on the ground or on the roof. Screen materials shall be compatible with those of the building.
    5. Plans for the exterior modifications to any existing structures must be submitted to the planning commission for approval and must meet the same requirements as all other structures within the MX district.
    6. The primary entrance to a building shall be located facing the public street. Entrances at a building corner that faces the street may be used to meet this requirement.
  6. Buffers, fences, and walls. The intent in having special buffer, fence, and wall requirements is to provide quality separation between incompatible commercial uses, and to provide physical and visual protection between commercial and residential uses.
    1. Landscape buffers are preferred over fences and walls where a separation is desirable. A visually open look should be encouraged between similar uses. Visual screening is often more important than a physical separation and the planning commission may, at its own option, require special treatment of such areas.
    2. Buffer treatment may be required whenever a change occurs between residential and nonresidential uses. Additional landscaping and screening may be required at the discretion of the planning commission within the setback which separates the uses. Fences or walls will be reviewed for their effectiveness in screening a view, and for their color and texture in relationship to building materials.
    3. Where differing uses are to be developed adjacent to existing residential areas, special consideration shall be made to protect the privacy of residents and requirements shall be at the discretion of the planning commission. As a minimum, the negative effects of noise and artificial lighting shall be minimized to protect existing residents.
    4. Service areas shall be properly screened. Outdoor lighting shall be designed to prevent exposure of light source to the view of residents. Facilities that require late night customers and activities shall be located away from residential areas to reasonably prevent the disruption of privacy.
  7. Parking areas. Parking areas include parking garages and parking lots. Parking lots shall be considered as structures since they present a three-dimensional appearance when occupied. In mixed-use districts, the term "parking garage" means a multistory building that provides parking space, and can be underground. The term "parking lot" means an open area of hard-paved surface with designated parking spaces and access aisles. A parking garage is required for occupant residential parking; garages contained within individual units may be considered in lieu of a parking garage.
    1. Parking areas shall be located in the central portions of the development and not along streets so they can service a variety of buildings. Location of parking shall be determined not only from its visual relationship to building and site, but also as it relates to safe convenient pedestrian and vehicular circulation patterns. The placing of building and parking elements on a site shall be evaluated by the planning commission on the basis of the following factors:
      1. Type of land use and structure.
      2. Building height and configuration.
      3. Relationship to other buildings both horizontally and vertically.
      4. Natural land features such as slopes and vegetation.
      5. Physical features such as rail lines, canals, and controlled ingress and egress.
      6. Visibility from vehicular approaches and distant highways.
      7. Parking locations are strongly encouraged on the side and to the rear of any proposed structures, with minimum parking between the front of the building and the street.
      8. Cooperation among neighboring land owners and tenants to share parking for the public and/or employees is encouraged. The availability of shared parking may be used as a justification for the approval of development design and configuration proposals that would otherwise not be approved.
    2. Parking shall not occur adjacent to any public street except when:
      1. It has been established that such a location is needed or justified by other site or building entrance orientation.
      2. The use is restricted to visitors and/or key employees.
      3. Parking is 80 percent screened by fencing, walls, and/or landscaping from the highway or street by either depressing the paved areas or using elevated landscape berms.
      4. A minimum of ten feet of landscaped screening consisting of mixed evergreen and deciduous trees shall surround the periphery of paved areas adjacent to buildings or property lines. The number of trees for this area shall be determined by a standard of one tree per every 200 square feet of landscaping required.
    3. Bicycle parking. New construction of and additions to retail/commercial structures and multiunit dwellings must provide bicycle parking spaces.
      1. Retail/commercial structures must provide at least one space per 4,000 square feet or ten percent of the required off-street parking spaces, whichever is greater.
      2. Multiunit dwellings must provide at least one space per four units if units do not have a private garage or private storage space for bike storage, or ten percent of the required off-street parking spaces, whichever is greater.
      3. Bicycle spaces must accommodate bicycle storage medium security racks, in which the user may lock both the bicycle frame and the wheels. The spaces must be designed to prevent damage to the bicycle and to facilitate easy and secure storage without interference from or to adjacent bicycles. Bicycle racks or lockers must be anchored and of solid construction, resistant to rust, corrosion, hammers, and saws.
      4. Bicycle spaces must be compatible in design and function with the surrounding buildings and with surrounding street fixtures.
      5. Bicycle repair and maintenance station. A minimum of one bicycle repair station per development or one per 25 bicycle parking spaces, whichever is greater, must be installed.
      6. Bicycle facilities must be located in convenient, highly visible, active well-lighted areas, but shall not interfere with pedestrian movements and snow storage.
    4. Electric vehicle charging station requirements (EVCS).
      1. Electric vehicle charging stations. Electric vehicle charging stations are an allowed accessory use in all zoning districts.
      2. Infrastructure. An applicant shall provide electric vehicle charging station infrastructure for 20 percent of the first 100 required off-street parking spaces for multiunit dwellings and nonresidential development and for five percent of required off-street parking spaces above 100.
        1. The electric vehicle charging station infrastructure shall be identified on all construction documents submitted for review.
        2. To put future property owners on notice of the electric vehicle charging station infrastructure, an applicant shall provide information in covenants, conditions, and restrictions or other documents governing a homeowners' or master owners' association for the development and/or on the breaker panel.
      3. Installation. An applicant shall install electric vehicle charging stations for five percent of required off-street parking spaces for multiunit dwellings and nonresidential development for the first 200 parking spaces.
        1. The first electric vehicle charging station installed shall be a dual-port with one charging station that is ADA accessible. This dual-port shall count as one charging station. Dual-port charging stations installed thereafter shall count as two charging stations.
      4. Standards.
        1. Location. Electric vehicle charging stations shall not obstruct:
          1. Building access;
          2. Rights-of-way;
          3. Sidewalks or pathways;
          4. Parking space dimensions; or
          5. The sight distance triangle.
      5. Solar energy systems. Solar energy systems may be installed on permanent parking area structures for electric vehicle charging stations in nonhistoric zoning districts. Solar energy systems shall be incorporated in the roof of the permanent structure and shall be mounted to the roof plane. Solar panels, solar devices, and solar energy systems and mounting equipment shall use nonreflective finishes, such as an anodized finish.
    5. Parking requirements will be considered as minimum parking requirements. Residential units will require at least one and a half spaces per unit. Nonresidential uses may consider the parking available on public streets as meeting the development requirements. When computing the parking requirements for the development, the total parking requirements shall be the sum of the specific parking space requirements of all of the buildings or uses in the development.
  8. Signage. Proper design and placement of signs and their lighting is critical and shall be compatible with structures and uses. Permitted signs within the MX district shall be in compliance with this code, except that off-premises signs or billboards shall not be permitted. Typical retail signage is designed upon a pedestrian scale located eight to 12 feet above the sidewalk and placed on the storefronts.
  9. Mailboxes. Developer shall be required to coordinate placement of clustered mailboxes with the United States Postal Service.
  10. Landscaping. Landscaping shall comply with landscaping requirements in commercial districts and multifamily design standards, except as approved by the planning commission in the process of reviewing a MX district development.
    1. Rooftop landscaping is considered a private amenity and is not eligible for inclusion in the required landscaping percentage.
  11. Service and loading areas. Loading and refuse collections areas shall not be permitted between buildings and streets and must be screened from view of public and private streets. Streets shall not be used directly for loading, unloading, or refuse collection. Building and improvements upon lots must be designed to properly accommodate loading, unloading and refuse collection. Loading and refuse collection areas shall be properly screened meeting standards stated herein.
  12. General maintenance. An overall maintenance schedule shall be implemented by property owners in maintaining all buildings, landscaping, fences, walls, drives, and parking lots (including surfacing and striping, signs, or other structures). The above shall be maintained in good and sufficient repair in a safe and aesthetically pleasing manner. Roads and pavements shall be kept true to line and grade and in good repair.

(Code 1998, § 10-4-4; Ord. No. 011-2009, 12-8-2009; Ord. No. 2015-007, 2-24-2015; Ord. No. 2018-005, 4-24-2018; Ord. No. 2019-001, 1-8-2019; Ord. No. 2021-0012, att.(10-4-4), 7-21-2021)

HISTORY
Adopted by Ord. 06-2022 on 9/21/2022

10-4-5 Public District

This zone provides for a wide range of public and recreational areas and activities, including public buildings, parks, and open space.

  1. Purpose. The purpose and objectives of this zone are as follows:
    1. To allow for public buildings and associated uses.
    2. To enable land to be used for public open space or recreational purposes. Allowing a range of recreational settings and activities and compatible land uses; and to protect and enhance the natural environment for recreational purposes.
  2. Structures and facilities. The following structures and facilities are permitted in the public district:
    1. Public buildings and amenities.
    2. Buildings and areas for storage of equipment and materials.
    3. Restrooms (permanent and temporary).
    4. Playground structures.
    5. Athletic fields and amenities, including fences, batting cages, water activity areas, tennis courts, volleyball areas, athletic field and court lights, parking lots and lights, flags and lights, ballpark advertising banners, regulatory signs.
    6. Natural amenities, such as grass, plants, trees, etc.
    7. Cell towers may be allowed by conditional use.
  3. Permitted uses. The following uses area permitted in the public district:
    1. Public meetings, city-sponsored gatherings and events, such as city celebrations, concerts in the park, movies in the park, etc.
    2. Social gatherings (indoor and outdoor). Some gatherings may require a special event application and permit.
    3. Athletic events, competitive and organized recreational play and practice. Some events (including, but not limited to, fun runs, marathons, bike races, walks) may require a special event application and permit.
    4. Kiosk and tent vendors associated with permitted events.
    5. Food vending by contract with the city.
    6. Rental of some city-owned facilities.
    7. General, unorganized play and recreational use.

(Code 1998, § 10-4-5; Ord. No. 011-2009, 12-8-2009; Ord. No. 2015-007, 2-24-2015; Ord. No. 2018-005, 4-24-2018; Ord. No. 2019-001, 1-8-2019; Ord. No. 2021-012, 7-21-2021)

HISTORY
Adopted by Ord. 06-2022 on 9/21/2022

10-4-6 Life Cycle Residential Zone

  1. Purpose and intent. It is the intent of this zone to guide development in accordance with the following goals:
    1. Provide attractively landscaped neighborhoods with a mix of single-family, two-family and multifamily residential lots, structures, and associated uses. Areas with slopes in excess of 20 percent shall be subject to PCC chapter 10-5.
    2. Provide an integrated design for the development of residential uses to allow flexibility and initiative in site and building design and location in accordance with an approved plan and imposed general requirements as specified by this chapter.
    3. Maintain a residential character compatible with surrounding traditional single-family neighborhoods.
    4. This chapter provides enabling authority and standards for the review, and approval of applications for life cycle residential (LCR) developments. The intent of this chapter is to provide an alternative to traditional subdivision design by encouraging innovation and offering flexibility in the design of residential developments, which will result in the enjoyment and benefit of the citizens of the city, both current and future.
  2. Compliance with standards. Substantial compliance with the zone regulations and other provisions of this title in requiring adequate standards related to the public health, safety and general welfare shall be observed, without unduly inhibiting the advantages of large-scale site planning for residential and related purposes.
  3. Housing definitions. The types of dwelling units permitted in an LCR zone shall have the definitions found in PCC 1-3-2.
  4. Zone location. The LCR is intended to be located in many areas throughout the city. An LCR is a rezone.
  5. Permitted/conditional uses.
    1. The following uses are permitted in an LCR:
      1. Single-family detached residential housing.
      2. Single-family duplex housing.
      3. Single-family attached residential housing.
      4. Residential care facilities for eight persons or less.
      5. Apartments.
    2. The city may conditionally permit uses in the LCR outside of those listed above. Such conditional uses are outlined in PCC chapter 10-6.
  6. Lot regulations.

    Minimum project size2 acres
    Minimum density 1
    4 dwelling units per acre
    Maximum density 1
    12 dwelling units per acre
    Minimum lot area 2
    Single-family detached
    5,000 sq. ft.
    Duplex
    7,500 sq. ft.
    Minimum dwelling unit size (total, not per floor)
    Single-family attached
    800 sq. ft. per dwelling unit
    Apartments
    750 sq. ft. per dwelling unit
    Minimum lot width
    Single-family detached
    60 feet
    Single-family attached (alley garage access)
    16 feet minimum, 20 feet average
    Single-family attached (street garage access)
    16 feet minimum, 20 feet average
    Duplex
    80 feet
    Apartments
    60 feet, plus 10 additional feet per building. See subsection F.2 of this section
    Setbacks (single-family detached, duplex) 3
    Front yard (street garage access)
    20 feet minimum/35 feet maximum
    Front yard (alley garage access)
    10 feet minimum
    Rear yard
    10 feet minimum
    Side yard
    7.5 feet minimum
    Corner lot
    15 feet minimum on side adjacent to street
    Setbacks (single-family attached, apartment)
    See subsection F.3 of this section
    Front yard (street garage access)

    Front yard (alley garage access)

    Rear yard

    Side yard

    Corner lot

    Maximum structure height
    Single-family detached and duplex
    35 feet
    Single-family attached/apartments
    45 feet
    Maximum lot coverage (single family/duplex)
    75 percent of the buildable area of the lot
    Off-street parking
    Single-family detached
    4 per dwelling unit
    Single-family attached
    2 per dwelling unit +.25 guest spot per unit
    Duplex
    2 per dwelling unit
    Apartments (0--1 bedroom)
    1.5 per dwelling unit + .25 guest spot per unit
    Apartments (2+ bedrooms)
    2 per dwelling unit + .25 guest spot per unit
    1 Density = Housing units/(gross project acreage-acreage dedicated to rights-of-way)
    2 Minimum lot area not included for single-family attached (townhome) and apartments, as all areas outside of the individual dwelling units are traditionally held in common ownership. Single-family attached (townhome) and apartments are required instead to have a minimum square footage requirement for each dwelling unit.
    3 Setbacks are calculated from the front property line along a publicly dedicated road. In cases where the development is served by private roads, the front setback shall be calculated from the edge of the asphalt of the private road adjacent to the front plane of the home.
    1. Diversity of housing types. No more than 50 percent of the total dwelling units in any project governed by this chapter shall be composed of any one type of housing. Regardless of project size, all projects are required to have a minimum of 20 percent of dwelling units in the project be composed of single-family detached housing
    2. Minimum lot width, apartments. The required lot width for apartments shall be based on the number of buildings of apartments on the lot. Each lot containing apartments shall have a minimum of 50 feet lot width, plus an additional 60 feet for each building containing apartments.
    3. Setbacks for single-family attached and apartment housing. No front or rear building setback is in place for single-family attached and apartment housing, provided that the development's open space is integrated throughout the project so that each group of single-family attached dwelling units and each building of apartments has a minimum of ten feet of landscaped open space on all sides, said landscaping being calculated from the front/rear plane of the dwelling unit or exterior wall of the apartment building, with the exception of one side of single-family attached which may be needed for alley garage access. Buildings whose front plane faces the front plane of another building shall have a minimum of 20 feet separation between the buildings' front planes.
    4. All other development standards shall be complied with as outlined in the city subdivision regulations, PCC title 11, and engineering design standards.
  7. Development standards. In addition to development standards contained herein, all projects developed under the LCR zone shall be developed and landscaped in accordance with the city multifamily design standards.
  8. Phasing. As part of the application for a rezone to an LCR, developers shall be required to submit a proposed concept/phasing plan for the project. Said phasing plan shall tentatively outline what types and numbers of various housing types shall be constructed in each phase. The final phasing plan shall be incorporated into a master development agreement, which shall be prepared and developed by the city at the time an LCR project is given preliminary plat approval and shall be recorded against the property at that time. The phasing of an LCR project shall follow PCC 11-3-2B.4, with the exception of PCC 11-3-2B.4.d, which requires each phase to be a stand-along phase. However, no more than two phases of an LCR project may be constructed before at least 25 percent of the single-family detached must be presented for final plat approval.

(Code 1998, § 10-4-6; Ord. No. 011-2009, 12-8-2009; Ord. No. 2015-007, 2-24-2015; Ord. No. 2018-005, 4-24-2018; Ord. No. 2019-001, 1-8-2019; Ord. No. 2021-012, 7-21-2021)

HISTORY
Adopted by Ord. 06-2022 on 9/21/2022

06-2022

08-2022