The purpose and object of this article is to establish uniform and reasonable regulations to prevent the concentration of sexually-oriented businesses or their locations in areas deleterious to the community, to regulate the signs of such businesses, to control the adverse effects of such signs, and to prevent inappropriate exposure to the community. This article by its terms is designed to prevent crime, protect the city's retail trade, maintain property values and generally protect and preserve the quality of urban life. This article is not designed to suppress the expression of unpopular views. This article is to be construed as a regulation of time, place and manner of the operation of these businesses consistent with the limitations provided by the United States and Utah Constitutions.

(1985 Code § 19-32-1)

For purposes of this article, the following terms shall have the meanings defined in this section:

GATEWAY: Those areas identified as city gateways on the Riverdale general plan, land use planning map, as adopted and as may be amended.

HISTORIC BUILDINGS OR SITES: Those buildings or sites found on either the national or state historic registers, or the city register of cultural and historic resources.

PUBLIC PARK: A park, playground, swimming pool, golf course or athletic field within the city which is under the control, operation or management of the city's public works or recreation department.

RELIGIOUS INSTITUTION: A building which is used primarily for religious worship and related religious activities.

SCHOOL: An institution of learning or instruction primarily catering to minors, whether public or private, which is licensed as such a facility either by the city or the state. This definition shall include nursery schools, kindergartens, elementary schools, junior high schools, senior high schools or any special institution of learning under the jurisdiction of the State Department of Education, but not including trade schools, charm schools, dancing schools, music schools or similar limited schools, nor public or private universities or colleges.

SEXUALLY-ORIENTED BUSINESS: Any business for which a sexually-oriented business license is required pursuant to the sexually-oriented business license ordinance set out in title 3, chapter 5 of this code.

(1985 Code § 19-32-3)

Sexually-oriented businesses shall only be permitted in areas designated as CP-4 overlay areas as set forth on the overlay map attached to the ordinance codified herein and on file in the city office. Sexually-oriented business zones are conditional use zones (requiring a conditional use permit as provided in chapter 19 of this title), and are subject to the following additional restrictions:

A.

No sexually-oriented business shall be located within a one thousand foot (1,000') radius of any church, park, school, residential zone or residential dwelling in a nonresidential zone, as measured by a straight line without regard to intervening structures. The distance is measured from the property line of the church, park, school or residential zone nearest the sexually-oriented business and the property line of the sexually-oriented business nearest the church, park, school or residential zone.

B.

No sexually-oriented business shall be permitted within three hundred feet (300') of any gateway.

C.

No sexually-oriented business shall be permitted within three hundred feet (300') of any historic building or site. The distance shall be measured from the property line of the historic building or site nearest the sexually-oriented business and the property line of the sexually-oriented business nearest the historic building or site.

(1985 Code § 19-32-3; amd. 2001 Code)

No sexually-oriented business shall be allowed within one thousand feet (1,000') of any other sexually-oriented business, measuring a straight distance from the nearest property line of one business to the nearest property line of the other business.

(1985 Code § 19-32-4)

Notwithstanding any contrary provision contained in chapter 16 of this title, sexually-oriented business signs shall be limited as follows:

A.

Number: No more than one sign promoting or identifying the sexually-oriented business shall be allowed on any sexually-oriented business premises.

B.

Off-Premises Signs: Off-premises signs are prohibited.

C.

Size: No sign on the sexually-oriented business premises promoting or identifying the sexually-oriented business shall be allowed to exceed eighteen (18) square feet.

D.

Animation: No animation shall be permitted on or around any sexually-oriented business sign or on the exterior walls or roof of the premises.

E.

Descriptive Art or Designs: No descriptive art or designs depicting any activity related to or inferring the nature of the business shall be allowed on any sexually-oriented business sign. The sign shall contain alpha-numeric copy only.

F.

Type; Projection: Signage is limited to one flat wall sign and shall not project more than twelve inches (12") from the wall to which it is attached.

G.

Painted Wall Advertising: Painted wall advertising shall not be allowed.

H.

Other Signs Prohibited: Other than the flat wall sign specifically allowed by this section, sexually-oriented businesses shall not construct or allow to be constructed any other type of sign, including those types of signs listed in chapter 16 of this title, or use any light or other device designed to draw attention to the business location.

(1985 Code § 19-32-5)

The purposes of this article are:

A.

To describe certain overlay zones to impose special development guidelines on identified areas; and

B.

To establish locations within the city which will accommodate planned retail developments; and

C.

To establish regulations for use and development of land within the city which govern uses, density, open spaces, structures, buildings, energy efficiency, light and air quality, transportation, infrastructure, public facilities, vegetation, and trees and landscaping.

(Ord. 560, 3-3-1999)

A.

The objectives of this article are:

1.

To create an overlay zone that allows for a mixture of retail and commercial uses; and

2.

To define a range of services and uses which may be offered by planned retail/commercial park (RCP) entities within the community; and

3.

To establish guidelines for the physical development of such retail/commercial park (RCP) entities and uses; and

4.

To preserve and enhance the urban character of the city.

B.

The intent of these regulations is to establish a standard for retail/commercial park (RCP) development and maintenance which:

1.

Promotes the overall functionality, safety and visual attractiveness of retail/commercial buildings, accompanying substructures and surrounding landscape; and

2.

Promotes development and uses that are in harmony with the goals and direction of the city; and

3.

Promotes the quality of architecture and the use of quality building materials to encourage creativity of design; and

4.

Promotes the successful completion of the development of a retail/commercial park project, and of the ability of retail/commercial park entities to succeed; and

5.

Provides for diversity in the tax base of the city; and

6.

Provides for large view corridors between buildings and structures to allow view of mountain ranges, trees, river areas, or such areas as may be deemed viable by the planning commission and city council; and

7.

Promotes implementation of high quality visually integrated urban design corridors, gateways and districts; and

8.

Promotes the integration of public transit in site development.

(Ord. 560, 3-3-1999; amd. 2001 Code)

All uses in the Retail/Commercial Park Overlay Zone shall be planned uses. The approval of the planned uses shall be granted at the time of approval of the final site plan.

(Ord. 560, 3-3-1999)

Development in the Retail/Commercial Park Overlay Zone (RCP) shall have the following characteristics:

A.

In order to encourage uses consistent with the purposes of the Retail/Commercial Park Overlay Zone (RCP) and to ensure adequate site planning, the entire zoned area shall be master planned at the time of the overall development plan approval, even though the entire zoned area may be developed in phases. Each phase shall adhere to an approved original master site plan and development agreement for the retail/commercial park (RCP) zoned area; and

B.

All new or remodeled/refurbished construction shall comply with the provisions of the development agreement for the specific area. The provisions and terms of the development agreement shall be transferable if ownership of the development area changes.

(Ord. 560, 3-3-1999)

Specific setbacks shall be included in the overall development plan and the project development agreement.

(Ord. 560, 3-3-1999)

An opaque screen shall be installed and maintained along all zone boundaries, other than streets. The following are acceptable means of providing such screening:

A.

Walls: A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of eight inches (8") thick. All such walls must be landscaped with vegetation in front of the wall.

B.

Berms: Berms of varying height and width shall face any street or property. The exact height and width of the berm shall be determined at the time of development review.

(Ord. 560, 3-3-1999)

Design of the parking areas shall attempt to minimize the large uninterrupted hard-surfaced areas with landscaping islands. Landscaping shall integrate the parking areas into the building providing view corridors and pedestrian pathways. Traffic management of parking areas shall integrate these areas with the streets and adjacent uses to increase the safe flow of traffic. Landscaping of parking areas must be five percent (5%) of the land inside the perimeter of the parking area.

A.

Landscape Strip: A landscape strip may be required on both sides of a street entrance to allow for queuing. A landscaped pedestrian path from bus stop or public right-of-way shall be provided. Planting islands shall be provided throughout the lot at the ends of parking rows. These strips and islands are to be planted with shade trees, low shrubs and ground cover.

B.

Landscaped Berm: A rolling landscaped berm shall be utilized to screen and buffer parking and loading areas from adjoining access streets and lots.

C.

Circulation: Circulation within the parking areas shall provide for free flow of vehicular traffic. The on-site parking and traffic circulation plan shall be a part of the traffic impact analysis required as a part of the overall development site plan review; said analysis shall be paid for by the developer.

(Ord. 560, 3-3-1999)

All landscaping shall be installed and maintained in conformance with a landscape plan, which has been recommended by the planning commission and approved by the city council.

A.

Landscape Plan: At the time of the overall development plan submittal to the planning commission, an overall landscape plan shall also be submitted showing typical landscaping. Detailed landscape plans shall be submitted at the time of site plan review. Twenty percent (20%) of a business/commercial area shall be maintained in landscaped open space.

B.

Tree Stands, Natural Vegetation: Existing significant tree stands and natural vegetation shall be integrated into the site landscape plan to the maximum extent possible.

C.

Preparation by Registered Architect: The city requires that landscaping plans be designed by a registered landscape architect.

(Ord. 560, 3-3-1999)

Hardscape may be used in coordination with architecture and landscaping to provide a link between the street edge and individual developments. Hardscape detail shall be included in the overall development plan.

(Ord. 560, 3-3-1999)

Sign design and illumination themes shall also be included for review by the planning commission and city council. The planning commission and city council shall not approve a development proposal without a sign plan. Architectural themes shall be carried into the sign plan.

(Ord. 560, 3-3-1999)

Site and security lighting shall be designed to enhance the architectural quality of the development. Screening of lights from residential areas and glare from traffic areas shall be minimized. Lighting consistency utilizing a design approved for the entire area shall be required in the parking lots.

(Ord. 560, 3-3-1999)

Outside speakers, pagers and sound systems of any kind or nature whatsoever are strictly prohibited.

(Ord. 560, 3-3-1999)

If the project affects the riparian environment, mitigation of effects shall be included in the development agreement.

(Ord. 560, 3-3-1999)

As part of review of proposed development, the planning commission shall review the proposed development plans to ensure compliance with the architectural design guidelines.

A.

Overall Architectural Outline:

1.

The proposed development shall include architectural renderings and elevations of the proposed buildings. Relationships to surrounding uses shall be considered in respect to scale and massing of the proposed uses. Architectural style, colors and materials will be assessed in order to maintain a consistent quality throughout the zone.

2.

The design shall improve community appearance by avoiding excessive variety and monotonous repetition.

3.

All building elevations shall be architecturally treated and with the same materials on all faces of the building.

B.

Architectural Guidelines: The following architectural design guidelines apply to all permitted and conditional uses in the Retail/Commercial Park Overlay Zone:

1.

Detailed architectural guidelines are attached to the ordinance codified herein as Exhibit A and on file in the city office.

2.

All architectural treatments may be reviewed by a registered architect chosen by the city and paid for by the developer.

3.

The height of buildings shall be determined at the time of development review.

(Ord. 560, 3-3-1999)

All buildings and structures proposed for development under this article shall be subject to a site plan review process as adopted by the city. There shall be submitted to the planning commission a master plan for the development of the entire zone for the purpose of meeting the requirements set forth in this article. Each phase of the process shall go though a site plan review.

(Ord. 560, 3-3-1999)

All retail/commercial park developments within the city shall comply with the city's bonding requirements.

(Ord. 560, 3-3-1999)

Guarantees and covenants for the development shall be included in the project development agreement.

(Ord. 560, 3-3-1999)

For all existing developments that have improvements greater than fifty thousand dollars ($50,000.00), the city shall require that ten percent (10%) of the additional construction cost be provided to address existing deficiencies due to the fact that the development does not meet present zoning ordinances with respect to architectural design, urban design, landscaping, parking and other development standards. Before a building permit can be issued, a plan must be submitted to the city addressing and correcting any and all deficiencies related to the development. The city planning staff will review the site deficiencies to be corrected and will submit their recommendation to the planning commission and city council.

(Ord. 560, 3-3-1999)

The purposes of this article are:

A.

To establish locations within the city which will accommodate offices and laboratories for professional persons and supporting uses; and

B.

To establish regulations for use and development of land within the city which govern uses, density, open spaces, structures, buildings, energy efficiency, light and air, air quality, transportation, infrastructure, public facilities, vegetation, and trees and landscaping; and

C.

To meet the purposes of the Utah Municipal Land Use Development and Management Act, at Utah Code Annotated section 10-9-102, which are to provide for the health, safety and welfare, and to promote the prosperity, to improve the morals, peace and good order, comfort, convenience and aesthetics of the city and its present and future inhabitants and businesses, to protect the tax base, secure economy in governmental expenditures, and to protect urban and nonurban development.

(1985 Code § 19-35-1)

A.

The objectives of this article are:

1.

To define a range of services and uses which may be offered by office park (OP) entities within the community; and

2.

To establish guidelines for the physical development of such office park (OP) entities and uses; and

3.

To preserve as much of the natural forest and vegetation, wetlands, and riverfront as possible.

B.

The intent of these regulations is to establish a standard for office park (OP) development and maintenance which:

1.

Promotes the overall functionality, safety and visual attractiveness of office park (OP) buildings, accompanying substructures and surrounding landscape; and

2.

Preserves and enhances the Weber River parkway as established in the general plan, as represented in Figure 18 of said general plan, and preserves and enhances such other open space, passive recreation and visual enhancement in the city; and

3.

Promotes development and uses that are in harmony with the goals and direction of the city; and

4.

Allows some flexibility of architecture so as to encourage creativity of design; and

5.

Promotes the successful completion of the development of an office park project, and of the ability of office park entities to succeed; and

6.

Provides for diversity in the tax base of the city; and

7.

Provides for large view corridors between buildings and structures to allow view of mountain ranges, trees, river areas, or such areas as may be deemed viable by the planning commission.

(1985 Code § 19-35-2; amd. 2001 Code)

A.

Primary Uses: The following is a representative list of permitted principal uses for the OP zone, and are subject to the standards and procedures established in this title:

Bank, credit union, securities company or other such financial institution.

Business, administrative offices, professional offices and secondary activities, not open to the public, which support or are accessory to the primary activity of the permitted area, including, but not limited to, the following:

Architect;

Attorney;

Certified public accountant;

Corporate headquarters offices;

Golf course/golf driving range;

Hotel;

Insurance (not claims adjustment), and real estate services;

Professional registered engineer or surveyor;

Community use, church, public building, library;

Medical facilities (nonresidential), doctor, dentist, psychologist, psychiatrist, nurse, or physical therapist.

B.

Secondary Uses: Retail and service facilities within an office building, but limited to only fifty percent (50%) of the gross ground floor area of the building and uses similar to barber shop, beauty shop, dining room, restaurant, newsstand, spa/health club, and retail stores for the sale of books, gifts, flowers, medicines, sundries. Such facilities shall not have any customer entrances directly from the street nor visible from any sidewalk. There shall be no exterior evidence of such accessory uses such as signs or display windows.

(1985 Code § 19-35-3)

The following is a representative list of conditional uses for the OP zone, and are subject to the standards and procedures established in this title and the conditional use permit approval process as set forth in section 10-13C-30 of this article. Such operations shall not deal in large volumes of product handling, storage and distribution; nor shall such operations include on-site milling, forging or heavy grinding of parts or similar manufacturing operations:

A.

Specified Uses:

Art or music studio.

Dine-in restaurant, stand alone, but only allowed with increased restrictions such as increased setback requirements.

High technology manufacturing and assembly that is clean and nonpolluting. Uses shall include fabricating, processing, testing, assembling, packaging and manufacture of products which have a high value in relation to bulk, from previously prepared materials, but not including uses involving primary production of wood, metal, petroleum or chemical products from raw materials.

Laboratory and research center; including laboratories, scientific, medical, chemical, applied physics, mechanical, electronic, biological, genetic or other similar experimental research, project development or testing facilities.

Marketing, telemarketing and advertising services.

Parking structure.

Spas and/or health clubs.

B.

Other Similar and Compatible Uses: Other similar uses not specifically listed above may be approved by the planning commission and city council, 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.

(1985 Code § 19-35-4)

The permitted and/or conditional uses enumerated above shall not be construed to include, either as a main or accessory use, any of the following uses. This list of prohibited uses is intended to be illustrative of the types of uses which are not allowed:

Cabinet and carpenter shop.

Food processing operation, except as incidental to permitted restaurant or cafeteria operation.

Junk or salvage yard.

Liquor store, private clubs, bars, taverns.

Manufacturing and assembly operation, except as otherwise provided.

Motor vehicle and recreational vehicle dealerships.

Petroleum storage, sales, processing or production.

Plumbing or metal shop.

Repair establishment (automotive and major equipment).

Retail sales, except as otherwise specified in this article.

Sand, gravel and other extraction mining.

Storage lots or facilities and enclosed storage areas.

Terminal, including truck or bus terminals and other distribution facility.

(1985 Code § 19-35-5)

Development in an OP zone shall have the following characteristics:

A.

Master Planning: In order to encourage uses consistent with the purposes of the Office Park (OP) Zone and to ensure adequate site planning, the entire zoned area shall be master planned at the time of conceptual and preliminary site plan approval, even though the entire zoned area may be developed in phases. Each phase shall adhere to an approved original master site plan for the zoned area, except as may be subsequently amended by approval of the planning commission and city council. It is strongly recommended that the zoned area be under development control of a single person, association, partnership or corporation at the time of application for a preliminary master site plan approval.

B.

Design Controls: Overall unity of site design shall be accomplished through:

1.

Architectural harmony of buildings and structures; and

2.

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

(1985 Code § 19-35-6)

Coverage regulates the area of the site that may be covered by the building. Covered walkways, roof structure overhangs and other solar protection or aesthetic structural elements shall not be included in building coverage calculations. These guidelines also help protect area dedicated to landscape and parking.

A.

Building, Landscape Ratios: Building and landscape ratios shall be complied with as follows:

1.

Ground Floor and Parking Ratio: All combined gross ground floor areas of buildings or structures and parking areas for a lot shall not occupy more than sixty percent (60%) of the total area of the lot.

2.

Landscaped Open Space: Not less than forty percent (40%) of the total area of the lot shall be landscaped open space.

B.

Covered Parking Structures: When covered parking structures are provided, such structures shall cover no more than twenty percent (20%) of the ground plane.

C.

Height: The maximum height of any given building or structure shall be three (3) stories above the ground level, except as may be provided for in section 10-13C-9 of this article.

D.

Number of Buildings: More than one building may be placed on each lot.

E.

Size of Development: The minimum size of any phase developed within the OP zone shall be four (4) acres.

F.

Lot Size: The minimum size of any lot within any phase developed shall be two (2) acres.

(1985 Code § 19-35-7)

It shall be within the authority of the planning commission to determine, for any development in this zone, which property line or lines shall be considered as side or as rear lines for the purpose of administering this article.

A.

Distance to Street Right-of-Way: No building shall be closer to a public street right-of-way than eighty feet (80'), unless all parking is provided in the rear of the building, in which case it may be no closer than fifty feet (50').

B.

Front: The public street right-of-way line shall be considered the front property line of a lot. Where a lot is bordered on two (2) or more sides by a public street right-of-way, all such sides shall be considered as front property lines, and the area between the front property line and the building lines shall be known as the front setback area in all cases. Canopies, overhangs and similar coverings may project into the front setback area as much as ten feet (10'), if approved by the planning commission.

C.

Sides: Side setback areas shall be a minimum of twenty feet (20'), including canopies and overhangs, except where a side property line abuts a residential zone, in which case the setback area shall be a minimum of one hundred feet (100').

D.

Rear: Rear setback areas shall be a minimum of ten feet (10'), except where a rear property line abuts a residential zone, in which case the rear setback area shall be a minimum of one hundred feet (100').

(1985 Code § 19-35-8)

A.

Maximum; Exception: No building shall be constructed to a height exceeding three (3) stories, with a maximum of fifty five feet (55'), unless pursuant to the issuance of a conditional use permit, and upon findings for good cause, the planning commission finds that a taller building would not adversely affect the character, view values and peaceful enjoyment of surrounding properties in and outside the park. In no case shall any structure be permitted to exceed five (5) stories above the ground level.

B.

Applicable Developments: The height requirements of this section shall apply to all office park (OP) developments, except that after review by the planning commission, the commission may approve, disapprove or approve with modifications the height on each proposed building or structure in the OP zone. The decision of the planning commission may be appealed to the city council.

C.

Criteria for Considering Adjustment: The planning commission shall take into account the following criteria when a proposal for height adjustment is requested:

1.

The geographical position of the building or structure and possible visual effects on existing structures on-or off-site; and

2.

Potential problems on neighboring sites caused by shadows, loss of solar access, loss of air circulation, closing of views or ridge line intrusion; and

3.

The influence on the general vicinity including contact with existing buildings and structures, streets, traffic congestion and circulation, adjacent open space and adjacent residential developments; and

4.

In no case will any increase in height be permitted when the effect of the height increase is to increase the allowable square footage over that which is, or would be, possible under normal zone standards.

(1985 Code § 19-35-9)

An opaque screen shall be installed and maintained along all zone boundaries, other than streets. The following are acceptable means of providing such screening:

A.

Walls: A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of eight inches (8") thick. All such walls must be landscaped with vegetation in front of the wall.

B.

Berms: A berm shall be no less than twenty feet (20') in width at the base facing any street or property. It shall be constructed of earthen material and it shall be landscaped. Grading of berms is further detailed in section 10-13C-20 of this article.

C.

Signs Prohibited: No signs or sign supports shall be permitted on any required screening.

D.

Lower Elevation at Boundary Line: Notwithstanding the requirements listed above, where the finished elevation of the property is lower at the boundary line, or within five feet (5') inside the boundary line, than an abutting property elevation, such change in elevation may be used in lieu of, or in combination with, additional screening to satisfy the screening requirements for this zone.

E.

Standards: Since walls and hedges are a main visual feature in any development, regulations related to the placement, size and appearance of such structures must be enacted. The following standards shall apply to the installation of all fences, walls, hedges or other visual obstructions used for the purpose of screening, either around the perimeter of the development site or within the development site:

1.

No wall, hedge or other visual obstruction in excess of six feet (6') in height shall be allowed on any office park development site, unless along a zone boundary which abuts a residential zone, in which case the height shall be eight feet (8').

2.

When there is a difference in the ground level between two (2) adjoining lots, the height of any fence, wall or hedge constructed along the property line shall be determined by using the finished grade of the highest contiguous lot.

3.

Only one type of fence or wall design shall be permitted on any one parcel or development. The design may include an appropriate mix of materials subject to the guidelines of these articles and approval by the planning commission.

4.

The use of chainlink, barbed wire, wood, electrified fence, or razor wire fence in conjunction with any fence, wall or hedge, or by itself, is prohibited, unless required by any law or regulation of the state.

5.

On a corner lot, no fence, wall, hedge, sign or other structure, shrubbery, mounds of earth, or other visual obstruction over thirty-six inches (36") in height above the nearest street curb elevation, shall be erected, placed, planted or allowed to grow within a traffic safety sight area.

6.

To protect safe sight distance for vehicular movement, sight obstructing fences, walls or other obstructions shall not exceed thirty-six inches (36") in height when located in a front setback.

7.

All walls and fences constructed both around the perimeter of the development or within the site must be of a similar material and construction to the primary building.

8.

Wall materials shall consist of masonry construction finished with a light colored stucco, or mortar washed brick.

9.

If walls are finished in stucco, colors will be limited to earth tones. No bright or neon colors will be allowed.

10.

Any hedges used as screening shall be consistent in appearance to the general landscape of the site. Such hedges may be geometric in shape, but shall be pruned and maintained so as to avoid unsightly appearance and to avoid vehicular sight hazards.

11.

Perimeter buffer yards adjoining a residential zone boundary shall not be less than one hundred feet (100') deep if screened with a decorative masonry wall, such yards shall be not less than one hundred feet (100') deep with landscaped berms at least six feet (6') in height.

(1985 Code § 19-35-10)

Except as may be provided elsewhere in this title, there shall be provided at the time of erection of any building, or at the time any main building is enlarged or increased in capacity, minimum off street parking space with adequate provisions for ingress and egress by standard sized automobiles. If any land, structure or use is changed from one use to another which requires more off street parking spaces, there shall be provided such additional off street parking for the new use as is required by this article. All parking structures and facilities shall be on the first floor of the building or terraced, except for the front side of the building or structure may have a row of nonterraced parking on the ground level of the building at the main entrance of the building, with said ground level parking being hidden or screened from view from any city street.

A.

Parking Lot Characteristics: Each parcel of land developed for off street parking in response to the requirements of this article shall provide the following characteristics:

1.

Surfacing: Surfacing shall be hard surfaced and maintained in good condition and kept clear and in an unobstructed and usable condition at all times during business hours. Responsibility for maintenance of the lot shall rest with the property owner. The lot shall provide adequate access to a street or alley.

2.

Grading: Parking lots shall be graded for proper drainage with surface water diverted in such a way as to keep the parking area free of accumulated water or ice. All surface drainage shall be detained within development site and approved by city engineer.

3.

Lighting: Lots shall be properly illuminated, with luminaries arranged so as to baffle and direct light away from any adjoining residential buildings. Lighting details are specified in section 10-13C-18 of this article.

4.

Size of Spaces: Each parking space shall be a minimum of nine feet (9') wide by eighteen feet (18') long.

5.

Handicapped Parking: All structures which are regulated by the provisions of the international building code shall have adaptations which assist access by handicapped persons and shall, in addition, provide off street parking for handicapped persons as required by applicable state or federal regulations.

B.

Specific Requirements for Each Land Use: Minimum required off street parking shall be provided for each use as listed below. Requirements calculated on square footage of office park (OP) space shall be based upon floor area devoted to the principal use and shall not include area devoted to storage, restrooms or maintenance areas. Parking for uses not specifically listed below shall be provided in the same ratio as the use most nearly approximating the characteristics of the unlisted use, as determined by the planning commission. Parking shall be provided as follows, with spaces based upon one or a combination of uses listed:

1.

Number of Stalls Required: Parking stalls for all uses shall be four and one-half (4.5) per one thousand (1,000) square feet of building space.

2.

Increase for Exceptional Needs: Increase of the minimum may be required by the planning commission or city council if there is an exceptional need for said increased parking.

3.

Actual Usage; Increase: In cases where more parking is appropriate, the planning commission may increase requirements based upon actual usage by employees and customers.

4.

Unclear Category: In cases where the category into which a use should be placed is unclear, or a use does not conform to any of the above categories, or the use is allowed under a conditional use permit, the planning commission shall determine the appropriate category or establish a parking ratio.

5.

Shared Parking: In cases where uses occupying the same structure or within two hundred fifty feet (250') of one another on the same lot or adjacent lots under the same ownership are uses where parking demand times do not normally or significantly overlap, shared parking may be permitted by the planning commission. At the time of site plan review for each development phase, a precise parking plan shall be submitted showing all parking spaces, the overall circulation system, an analysis of the parking demand for the specific land uses proposed, and other justification as necessary for requesting reductions in parking space requirements.

6.

On Street Parking Prohibited: No on street parking shall be permitted in the office park (OP) zone. No parking shall be permitted in the minimal front, side or rear setback areas except:

a.

Where a side or rear setback area abuts a residential zone, parking may be permitted to within seventy-five feet (75') of the zone line, if in the determination of the planning commission the parking will be necessary only during the normal daytime weekday working hours.

b.

Where parking within the front or side setback areas is adequately separated from public rights-of-way with continuous landscaping at least twenty feet (20') wide, less areas for curb inlets and drive entrances.

7.

Location: Required off-street parking shall be provided on the site of the use served, or on an alternate site within the same zone. Where parking is provided on other than the site concerned, a recorded document shall be filed with the planning commission and city recorder and signed by the owners of the alternate site, stipulating to the permanent reservation of use of the site for said parking. The parking setback restrictions set forth above shall also apply to contiguous or alternate parking sites.

8.

Separation of Parking Facilities: Parking facilities need not be located in one consolidated area of a particular site, but may be separated by landscaping or building elements.

C.

Commercial Vehicle Parking:

1.

Prohibitions: Vehicles that display any form of advertising of a commercial enterprise, including names, phone numbers, logos or associated art work, are prohibited from parking in street rights-of-way or private parking lots within public view (visible from a public roadway).

2.

Areas Approved: Parking for commercial vehicles is limited to properly screened loading areas and other approved off-street parking that is properly screened from public view.

3.

Included Commercial Vehicles: Commercial vehicles include, but are not limited to, cars, trucks, vans, trailers, fork lifts and motorized cycles.

D.

Landscaping of Parking Areas:

1.

Reduction of Impact: Where possible, siting of parking areas lower than adjacent roadways and continuing streetscape grading, berms, hedges and other landscape treatment into parking areas is encouraged, with intent to reduce their visual impact and to screen the parking from the adjacent roadway. All parking areas adjacent to roadways shall require a landscaped berm of width and height specified in section 10-13C-10 of this article.

2.

Landscape Strip: A ten foot (10') wide landscape strip may be required between every double loaded row of parking. Planting islands shall be provided throughout the lot at the ends of parking rows. These strips and islands are to be planted with shade trees, low shrubs and ground cover. Landscaping shall be used to define circulation routes and separate traffic on-site for safety as well as aesthetic purposes.

3.

Protection: Protection to landscaping shall be provided.

4.

Screening of Parking Areas: A landscaped berm at least five feet (5') high (maximum slope of 1:2.5), or massed plants of sufficient height, shall be utilized to screen and buffer parking and loading areas from adjoining access streets and lots.

E.

Other Considerations:

1.

Circulation: Circulation within the parking areas shall provide for free flow of vehicular traffic. The on-site parking and traffic circulation plan shall be a part of the traffic impact analysis required as a part of the preliminary site plan review required by section 10-13C-29 of this article.

2.

Bicycle Parking Areas: Bicycle parking areas with suitable racks shall be provided in convenient locations.

3.

Public Transportation; Car Pooling: The park covenants, conditions and restrictions may include policies for a traffic and parking management plan aimed at encouraging the use of public transportation and car pooling among the park entity employees.

4.

Structured Parking: Any structured parking above the finished ground elevation shall have the same setback requirements as outlined for buildings, and shall be architecturally integrated through use of the same or similar materials, colors, rhythm, landscaping, etc.

(1985 Code § 19-35-11; amd. 2001 Code; Ord. 847, 11-6-2013)

The following articles apply to the loading and/or unloading of materials in an Office Park Zone:

A.

On-Site: All loading and unloading operations shall be performed on the site. Off-street berths shall be provided in addition to required off-street parking and shall not be located within driveways.

B.

Size of Loading Berth: Each loading berth shall not be less than twelve feet (12') wide, twenty-five feet (25') long, and if enclosed and/or covered, fourteen feet (14') high. Adequate turning and maneuvering space to be provided within the lot lines.

C.

Location: Such loading areas shall be located away from the public street to which the use is oriented.

D.

Screening: Loading areas should be screened from all public streets. This shall be accomplished through careful site planning, and the use of screen walls and landscaping.

E.

Distance to Property Line Fronting Street: In no event shall a loading dock be closer than seventy-five feet (75') from a property line fronting upon a street.

F.

Berth Requirements: Loading berths may be required as follows:

1.

Office park and service uses with over ten thousand (10,000) square feet floor area to be determined by the city council upon recommendation of the planning commission.

2.

The hours of loading and unloading, including trash removal, for any business that uses building entrances that face an adjacent residential zone shall be restricted to the hours between seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M.

(1985 Code § 19-35-12)

A.

Required: Unobstructed and direct driveways of sufficient width to safely accommodate projected twenty (20) year turning volumes as determined by the traffic impact analysis required by subsection 10-13C-29C3 of this article shall be provided. Loading driveways may coincide with driveways to parking facilities.

B.

Considerations in Establishing: In establishing permissible curb openings and sidewalk driveway crossings for access to private property, they shall not be authorized where they are unnecessary or where they would reasonably interfere with the movement of vehicular traffic, with public improvements, or with the rights of the public in the adjacent street or alley, and in no case shall any curb opening be of greater length than necessary for reasonable access to the property to be served thereby. In determining the length of curb openings and spacing of driveways, the end transitions in each case will be considered a part of the length of the curb opening.

C.

Design and Location: Unless otherwise specified by this article, design and location of access drives shall comply with "Guidelines For Driveway Location And Design, A Recommended Practice Of The Institute Of Transportation Engineers", 1987, or as revised.

D.

Standards: The following standards shall apply in determining the size of curb openings and location of driveways:

1.

Access shall be by not more than one driveway opening for each two hundred feet (200'), or fraction thereof, of frontage on any interior street constructed within the OP zone.

2.

Driveway openings shall be offset a minimum of three hundred fifty feet (350') from the centerline of major arterials at intersections, but in no case shall they be located within the operational area of the intersection (which includes turning lanes with associated tapers) as defined in the "guidelines" referred to in subsection C of this section.

3.

In order to minimize the number of access points from adjacent interior streets, driveway openings and driveways shall be shared at property lines between parcels whenever possible.

4.

Driveway design shall incorporate reservoir space or "throat area" at entrances to provide sufficient queue storage for exiting vehicles and adequate deceleration distance for entering vehicles, as well as separating conflict points on site.

5.

Where the construction of more than one curb opening is required, a concrete safety curb between driveway openings, along and inside the property line, shall be provided when the property located between two (2) driveways is used for the purpose of movement, storage or parking vehicles.

6.

No driveway opening will be approved which results in vehicles encroaching on any portion of the street right-of-way for loading, standing or unloading.

7.

Driveway openings must serve only legal off street parking spaces or loading zones.

8.

Curb openings shall be entirely within the extension of the side property lines extended perpendicular to the street centerline.

9.

Driveway openings and driveways shall be paved and shall provide for adequate storm drainage.

10.

Curb returns for driveway approaches shall be of the radius type and be provided with wheelchair ramps and shall meet all applicable state and federal regulations pertaining to access for the handicapped.

11.

Any unused or abandoned driveway openings or portion thereof shall be restored to the original curb section at the expense of the abutting property owner. Upon refusal or neglect of the owner or agent to restore the curb and gutter to their original section, the city shall proceed to do such work, and all expenditures so incurred shall be charged against the owner or agent.

12.

Improvements within the public right-of-way shall be designed and constructed in conformance with the applicable specifications. All driveway geometries shall be selected to provide for passage of the American Association Of State And Highway Transportation Officials (AASHTO) design vehicle deemed to be appropriate to the development. As a minimum, this shall be an AASHTO single unit truck.

13.

No object shall be so situated as to interfere with the required sight distance at intersections, on or off site, including driveway openings, and intersecting driveways, as set forth in the "AASHTO Policy On Geometric Design Of Highways And Streets", latest edition, hereinafter referred to as the AASHTO policy on geometric design.

14.

Circulation roadways shall also conform to the requirements of the international fire code with regard to providing emergency vehicle access.

15.

Street cuts on or along dedicated city streets for driveways or any other purpose are strictly prohibited in the OP zone.

(1985 Code § 19-35-13; Ord. 859, 9-2-2014)

The following guidelines for landscaping shall apply to all developments within the office park (OP) zone. All landscaping shall be installed and maintained in conformance with a landscape plan which has been approved by the planning commission and city council. The following minimum standards have been established to ensure quality and consistent development throughout the park:

A.

Plan Required: At the time of preliminary project plan submittal to the planning commission, an overall landscape plan shall also be submitted showing typical landscaping (including type, size, number and location of plant materials) for the following areas: park entrances, perimeter buffers, open space easements and common areas, and streetscape landscaping. Detailed landscape plans for individual lots shall be submitted at the time of project plan approval for individual buildings. Landscape improvements for common open space features shall be developed at each phase of the project. A minimum of forty percent (40%) of the park and individual lots shall be maintained in landscaped open space.

B.

Internal Circulation Roads: Internal circulation roads shall be landscaped with street trees and street-side planters. A minimum twenty foot (20') width shall be landscaped adjoining the right-of-way of any such street or road. The streetscape planting shall be consistent throughout the park to provide a unifying landscape theme. Details for these areas shall be submitted with the overall landscape plan at the time of plan approval.

C.

Existing Landscaping: Existing significant tree stands, natural vegetation and wildlife habitat shall be integrated into the site landscape plan to the maximum extent possible. Preliminary plans shall identify all trees five inch (5") caliper or larger. No existing trees or natural vegetation shall be removed prior to approval of the development plans. Removal of any existing trees or natural vegetation prior to approval of the development plan may result in a requirement that the same be restored or replaced by trees or vegetation of equal size and maturity as a condition precedent to issuance of a building permit by the city.

D.

Perimeter Access Street Frontages: Perimeter street trees and large mature trees shall be planted along perimeter access street frontages.

1.

These trees shall be three inch to five inch (3" - 5") caliper trees, planted at least ten feet (10') from the sidewalk. The city must preapprove the planting locations of the trees.

2.

Possible species include: shademaster honey locust, sunburst honey locust, little leaf linden or Norway maple planted thirty-five feet (35') on center. The city must preapprove each tree that will be planted.

E.

Number of Trees Per Acre: In order to maintain the park-like atmosphere intended for an office park, thirty (30) trees to the acre shall be used as a minimum standard in developing the planting plans.

1.

Tree Size:

a.

One-third (1/3) of the deciduous trees shall be three inch (3") caliper or greater;

b.

One-third (1/3) of the deciduous trees shall be two and one-tenths inch (2.1") to two and one-half inch (2.5") caliper; and

c.

One-third (1/3) of the deciduous trees shall be one and one-half inch (1.5") to two inch (2") caliper.

2.

No deciduous trees less than one and one-half inch (1.5") caliper will be accepted, nor will evergreen trees less than six feet (6') in height be accepted. No bare root stock will be accepted.

3.

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

F.

Enhancement of Visual Appearance: Landscaping shall enhance the overall visual appearance of the development.

G.

Contents of Plan: A fully comprehensive landscaping plan shall include, but not be limited to:

1.

List of plants; and

2.

Size; and

3.

Location; and

4.

Irrigation plan; and

5.

Hardscape.

H.

Certification: The city requires that landscaping plans be certified by a registered landscape architect.

I.

Inorganic Ground Cover: When inorganic ground cover is used, it shall be in combination with live plants.

J.

Irrigation; Removal of Dead Materials: All plants shall be serviced by an acceptable automatic irrigation or sprinkler system and maintained in a healthful living condition. Dead plant materials shall be replaced as necessary in the first year of planting in accordance with the approved landscaping plan.

K.

Required Landscaping; Bond: All required landscaping shall be properly installed, irrigated and maintained or adequate bonding shall be posted prior to use inauguration or occupancy.

L.

Maintenance: Maintenance of approved landscaping shall consist of regular watering, pruning, fertilizing, clearing of debris and weeds, the removal and replacement of dead plants in accordance with the approved landscape plan. Repair and replacement of irrigation systems and integrated architectural features shall be completed as needed, so that landscaping is properly maintained.

M.

Front Setback Area: Front setback area landscaping shall consist of an effective combination of street trees, trees, ground cover and shrubbery at least twenty feet (20') wide continuously along all public rights-of-way, less area for drive entrances.

N.

Other Setback Areas: Other setback areas between the side and rear property lines and a point ten feet (10') in back thereof shall be landscaped, except for any access driveway in said area.

O.

Intersections; Height Limitation: Landscaping at intersections along all streets and boundaries shall be limited to a height of not more than three feet (3') within the area required for minimum sight distance as specified in the AASHTO policy on geometric design for the following intersections:

1.

A vehicular traffic way or driveway and a street;

2.

A vehicular traffic way or driveway and a sidewalk;

3.

Two (2) or more vehicular trafficways, driveways or streets.

P.

Unpaved Nonparking Areas: All unpaved nonparking areas, not utilized for parking and storage, shall be landscaped utilizing ground cover shrub and tree materials, and/or dry landscaped materials.

Q.

Parking Areas; Separation: Landscaping in parking areas shall be separated from the parking area by wall or curb at least six inches (6") higher than the parking area.

R.

Total Landscaping Requirement: In all cases of office park (OP) development, the total landscaping shall occupy no less than forty percent (40%) of the total land area under development.

S.

Consideration of Existing Trees, Vegetation: Existing trees and vegetation on the site shall be included in the landscape plan and may by considered toward the forty percent (40%) total landscape requirement.

T.

Perimeter Landscape Strip: A perimeter landscape strip at least twenty feet (20') wide shall be placed around all buildings.

U.

Xeriscape Landscaping: A limited amount of xeriscape landscaping is encouraged to provide an orderly visual transition to the natural habitat. Plans for such shall be presented to the planning commission for approval along with the master landscape plan.

(1985 Code § 19-35-14)

A.

Scope: Hardscape should be used in coordination with architecture and landscaping to provide a link between the street edge and individual developments. Attention to hardscape details can create visual unity by relating different developments to a unifying theme. In addition, proper hardscaping can improve pedestrian safety and movement, and the visual enjoyment of public areas.

B.

Included Items; Plan: Hardscape can include such items as benches, sculptures, water fountains, enriched paving treatments, cobblestone walkways, etc. A detailed plan of hardscape design shall accompany landscape plans and shall be subject to review by the planning commission to determine continuity with overall development plan and harmony with the development of surrounding properties.

(1985 Code § 19-35-15)

A.

Screening and Location Requirements: The following articles shall relate to the screening and location of storage and refuse collection areas:

1.

All outdoor storage, including vehicle storage, shall be visually screened from access streets, freeways and adjacent property. Said screening shall form a complete opaque screen six feet (6') in vertical height.

2.

No storage shall be permitted between a street and the building line. Furthermore, no outdoor storage shall be located within one hundred feet (100') of any residential use.

3.

All outdoor refuse collection areas shall be visually screened from access streets and adjacent property by a complete opaque screen. Property owners and/or managers in an Office Park Zone shall be responsible for the abatement, cleanup and removal of all garbage or refuse thrown, placed or blown on surrounding property or streets or rights-of-way. Every effort shall be made by said owner and/or manager to avoid the spread of such refuse or garbage to the surrounding area. Violations of this subsection will be prosecuted pursuant to the nuisance provisions provided at title 4, chapter 5 of this code.

4.

No refuse collection areas shall be permitted between a frontage street and the building line. No refuse collection area shall be located within one hundred feet (100') of any residential use.

5.

Refuse removal, trash collection ¹ and lot sweeping shall occur between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M.

6.

Freestanding flagpoles may not exceed forty feet (40') and the flag shall be a standard size outdoor flag.

B.

Storage:

1.

All substructures erected for the purpose of screening storage areas shall be accomplished with materials and architecture which are compatible with that of the primary building structure.

2.

There shall be no visible storage of motor vehicles, trailers, airplanes, boats or their composite parts; loose rubbish, garbage, junk or their receptacles; tents or building materials.

3.

Building materials for use in the same premises may be stored on the parcel during the time that a valid building permit is in effect for construction.

C.

Refuse:

1.

Every parcel with a building or structure shall have a trash receptacle on the premises. The trash receptacle shall be of sufficient size to accommodate the trash generated.

2.

The refuse collection area shall be located upon the lot so as to provide clear and convenient access to refuse collection vehicles.

3.

The receptacle shall be screened from public view on at least three (3) sides by a solid wall six feet (6') in height and on the fourth side by a solid gate not less than five feet (5') in height. The gate shall be maintained in working order and shall remain closed except when in use. The wall and gate shall be architecturally compatible with the surrounding buildings and structures.

4.

Freestanding refuse containers in retail or public areas which are intended for public use shall be constructed of cast concrete, ceramic or wrought iron, with an inset for a trash can and shall be constructed so as not to allow dispersal of the container or trash by the strong winds common to the area. The containers shall be natural in color and/or of a design commensurate with surrounding architectural themes.

¹ Cross reference—See also title 4, chapter 4 of this code for garbage and refuse regulations.

(1985 Code § 19-35-16)

A.

Purpose: The purpose of this section is to:

1.

Appearance: Maintain and enhance the city's appearance by regulating the design, character, location, size, color, illumination and maintenance of signs in an Office Park (OP) Zone; and

2.

Minimize Adverse Effects: Minimize the possible adverse effects of signs on nearby public and private property.

B.

General Regulations: The following articles shall serve as guidelines for any sign erected in the Office Park Zone:

1.

Standards: All signage shall be installed and maintained in accordance with the standards contained herein and with the standards included in the park's private covenants, conditions and restrictions. The owners of the park shall submit a signage plan to the planning commission and city council for approval prior to installation of any signs.

2.

Safe, Secure Manner: All signs shall be constructed, mounted or attached in a safe and secure manner.

3.

Permitted Types: Only the following types of signs shall be permitted:

a.

Identification Signs: Only one sign displaying the name and address may be installed at each entrance to the park. Such signs shall not exceed sixty four (64) square feet in sign copy area, although the monument may be larger. Such signs shall be set back from street right-of-way lines at least twenty-five feet (25'). This sign is to be a monument sign on footings and foundation, and shall be an integrated architectural feature of the park. Pole mounted signs shall not be permitted. Back lighting or spot lighting of the sign face is permissible.

b.

Monument Signs: Only one freestanding monument identification sign shall be permitted per lot frontage on interior streets. Such signs shall not exceed thirty-two (32) square feet in area. Their maximum height above street grade shall not exceed five feet (5'). Such signs shall be set back from street right-of-way lines at least twenty-five feet (25').

c.

Building Wall Signs: Only one building identification sign shall be permitted for each building and shall be installed below the roof line. Such signs shall not exceed forty-eight (48) square feet in total area as measured by a rectangle around the outside of the lettering and/or the pictorial symbol and calculating the area enclosed by such a line. The sign shall not project more than twelve inches (12") from the face of the building. Painted wall signs shall not be permitted. Only back-lit electronic signs shall be permitted.

d.

Real Estate Signs: Real estate signs shall be in compliance with chapter 16 of this title.

e.

Construction Project Signs: Construction project signs shall be in compliance with the directives of the building inspector.

f.

Directional Signs: Directional signs may be erected for the purpose of facilitating or controlling the efficient or safe movement of pedestrians or vehicles on or into private property, and shall be located on the properties to which they pertain. No such sign shall exceed six (6) square feet in area and three feet (3') in height.

4.

Standards of Wording, Pictures: All signs shall include wording and/or pictures that conform to high community standards. Lettering shall be sufficiently large to be read at posted maximum speeds so as not to cause a traffic hazard.

5.

Permit Required: Signs shall not be allowed on any property in the Office Park (OP) Zone without a current sign permit.

6.

Approval Required: Signs in an Office Park Zone are prohibited except as outlined in this article and which have been specifically approved by the planning commission.

7.

Flag Flying: No flag flying from a flag pole shall be used as an identifying sign or business advertisement.

8.

Window Sign; Size: Window signs shall not be placed in or upon any window of any structure in the Office Park Zone that obscures more than five percent (5%) of the total transparent area of any window.

9.

Lighting:

a.

Lighting of a wall-mounted business identification sign is allowed only from the rear of the sign.

b.

The brightness shall not exceed a reasonable level, to be determined by the planning commission.

10.

Relationship to Buildings: Signs shall be compatible with the predominant visual elements of the building, including, but not limited to, construction materials, color or other design features. Signs in the Office Park Zone, offices and other similar facilities shall be part of a sign program and shall provide a compatible visual design common in theme to all applicable buildings and uses.

11.

Relationship to Other Signs: Where there is more than one sign, all signs shall be complementary to each other in the following ways:

a.

Type of construction materials; and

b.

Letter size, color and style of copy; and

c.

Method used for supporting sign (wall or ground base); and

d.

Shape of signs and related components; and

e.

Method of illumination.

12.

Landscaping: Each monument sign shall be located within a planted landscaped area which is of a shape and design that will provide a compatible setting and ground definition to the sign, incorporating the following ratio of landscape area to total sign area: four (4) square feet of landscaped area for each square foot of sign area (1 side only).

13.

Relationship to Streets: Signs shall be designed to provide an unobstructed clear view of the public right-of-way to any pedestrian, bicyclist or motor vehicle driver. Signs shall not interfere with the intersection sight distance requirements of city ordinances.

14.

Tower, Monopole or Antenna: Any permitted tower, monopole or antenna shall conform with chapter 17 of this title.

(1985 Code § 19-35-17)

The following articles shall relate to guidelines for exterior lighting of all office park development. These articles relate to parking lighting, sign lighting, architectural lighting, safety lighting and landscape lighting.

A.

Stationary: Lighting shall be stationary. No lighting shall blink, flash or be of unusually high intensity or brightness.

B.

Direction: Lighting shall be directed away from all adjacent properties and public streets and rights-of-way.

C.

Shielding: Lighting shall be shielded or recessed so that direct glare and reflections are contained within the boundaries of the parcel.

D.

Height: Parking light standards shall not exceed thirty feet (30') in height or the height of the primary building, whichever is less.

E.

Scope; Interference: Street lighting and parking lot lighting contribute to the safety and security of each development, improving night visibility. Unique lighting fixtures may provide easy identification of entrance and exit ways for motorists. Such lighting shall be encouraged, however, lighting potentially visible from adjacent properties shall be subdued and shall not interfere with vehicular traffic.

F.

Mercury Vapor, Exposed Fluorescent: Use of mercury vapor or exposed fluorescent lights is discouraged. Energy efficient warm, white lighting, such as high pressure sodium or quartz halogen, is encouraged.

G.

Automatic Timers: Automatic timers on lighting shall be encouraged. Well designed systems can maximize personal safety during nighttime use while saving energy.

H.

Enhancement of Landscaping, Architecture: Lighting may be used to enhance landscaping and reinforce architecture, with dramatic up-lighting or wall-shadow effects with plant materials encouraged.

I.

Parking Lot Light Fixtures: Parking lot light fixtures shall be consistent in styling with the design theme proposed for that development.

J.

Service Area Lighting: Service area lighting shall be contained within service yard boundaries, with light sources concealed.

K.

Glare Causing Decrease in Safety: Lighting shall not cast any glare onto adjacent lots and streets in such a manner as to decrease the safety of pedestrian and vehicular movement.

L.

Building Illumination, Architectural Lighting: Building illumination and architectural lighting shall be creative and must reinforce the design theme. Indirect wall lighting or "wall washing", overhead down-lighting, or interior illumination which spills outside, is encouraged.

M.

Effects of Architectural Lighting: Architectural lighting is encouraged to articulate the particular building design. Rim lighting of eaves, bending, up-lighting, and other effects shall be used in harmony with design theme.

N.

Visibility of Architectural Lighting: Architectural lighting shall be integrated with building elements and concealed flush with grade wherever possible so that it is not visually apparent during the daytime.

(1985 Code § 19-35-18)

The following list represents the only projections/construction that shall be permitted within the required setback areas:

A.

Front Setback: Roof overhangs.

B.

Rear, Side Setbacks: Roof overhangs and any projection/substructure which is determined by the planning commission to substantially contribute to public safety.

(1985 Code § 19-35-19)

The following guidelines shall apply to grading of office park zoned properties:

A.

Conform to Natural Topography: Grading shall conform to natural topography as much as possible and result in a harmonious transition of the manmade grades with the natural terrain.

B.

Manmade Land Forms: Manmade land forms shall be graded to avoid unnatural sharp or straight edges and planes. The top and toe of graded slopes shall be rounded to avoid a harsh machine-made appearance.

C.

Parking Lots:

1.

Parking lots shall be graded for proper drainage with surface water diverted in such a way as to keep the parking area free of accumulated water, snow or ice. All surface drainage shall be contained within development site and approved by city engineer.

2.

Parking lots shall have minimum and maximum percent grades as set forth by the city engineer.

D.

Berms: Berms are to be graded in gentle, undulating naturalistic forms. No straight, steep or erodible slopes are permitted. Provisions are to be made for drainage around or through berms as necessary. Generally, a berm height of thirty-six inches (36") from top of adjacent curb is the maximum desired.

(1985 Code § 19-35-20)

The following articles shall relate to the installment, location and screening of utilities and other exterior equipment:

A.

Underground Installation: All utilities, including drainage systems, sewer, gas and water lines, electrical, telephone and communications wires, and related equipment, irrigation ditches and/or pipes, shall, where possible, be installed and maintained underground.

B.

Visibility of Mechanical Equipment: No mechanical equipment (including, but not limited to, components of plumbing, processing, heating, cooling and ventilating systems) shall be visible on site or from adjacent property.

C.

Exterior Components Mounted on Building: No exterior components of such mechanical equipment (e.g., piping, stacks and ductwork, fans, compressors, antenna and satellite dishes) shall be mounted on any building wall unless they are an integrated architectural design feature. Any such components shall only be permitted with the written approval of the planning commission.

D.

Roof Mounted Mechanical Equipment: Roof mounted mechanical equipment, antenna and satellite dishes shall be hidden from view by building parapets of equal height.

E.

Screening: If building parapets do not provide adequate screening of mechanical equipment from the upper floors, screening shall be installed as an integral part of the overall architectural design, and painted such a color as to allow its blending with its visual background.

F.

Location Within Setback Area: Equipment and mechanical devices shall not be located in any required setback area or side yard, except for electrical or telephone equipment installed by the utility companies. Screening shall be provided so that equipment located in the area is screened from view from all adjacent streets and properties. Such screening shall be accomplished with materials and designs that are compatible with the architectural character of the building.

G.

Utility Pads, Boxes: Electric transformers, utility pads, cable television and telephone boxes shall be located out of public rights-of-way and underground or screened with walls, fences or vegetation or otherwise enclosed in a manner harmonious with the overall architectural theme.

H.

Restrooms: Each licensed business will provide public restrooms of sufficient size to service potential customers including men and women. The restrooms shall be designed in accordance with the international building code to accommodate handicapped persons.

(1985 Code § 19-35-21; Ord. 847, 11-6-2013)

The following articles shall apply to roof structure and design in any office park development:

A.

Prohibited Materials: The following roofing materials are prohibited, either because of their appearance, or because they are not likely to perform satisfactorily in the climate of the city:

1.

Untreated aluminum or metal (except that copper may be used);

2.

Reflective materials;

3.

Brightly colored roofing materials such as bright red, blue, yellow, neon colors, or similar colors that are highly visible;

4.

Windows, roofs and lights shall not conflict with overhead aircraft operations.

B.

Skylights, Solar Panels: Skylights and solar panels shall be designed to fit flush with the roof's surface, or up to a maximum of two feet (2') above the roof's surface. No reflective materials may be used unless thoroughly shielded to prevent reflection into nearby properties.

(1985 Code § 19-35-22)

A.

Prohibited: Property in an office park (OP) zone shall not be used in such a manner as to create a nuisance to any adjacent sites, such as, but not limited to, vibration, sound, electromechanical disturbance and radiation, electromagnetic disturbance, air or water pollution, dust, emission of odorous, toxic or noxious matter, or placement, dumping or blowing refuse, paper or other garbage.

B.

Noise Attenuation: All office park zones shall be subject to the following noise limitations:

1.

Noise from external sources may not exceed sixty five (65) dBA during daylight operations.

2.

Noise from external sources may not exceed forty-five (45) dBA during nighttime operations.

3.

Office park developments shall incorporate site planning techniques in order to reduce resident exposure to noise, and shall, if deemed needed by the planning commission, provide adequate sound attenuation walls in conformance with the standards set forth in these articles.

4.

Outside speakers, pagers and sound systems of any kind or nature whatsoever are strictly prohibited in the Office Park Zone.

5.

All noise levels shall be measured at the source of the noise.

(1985 Code § 19-35-23)

Any person who desires to occupy vacant floor space, or to change the use of floor space, is required to first obtain a certificate of occupancy from the city. Any person constructing or altering a building in the Office Park (OP) Zone shall first obtain a building permit from the city for such construction or alteration, and then shall obtain a certificate of occupancy from the city before the building being constructed or altered is occupied.

(1985 Code § 19-35-24)

All buildings and structures located in any OP zone established south of Riverdale Road shall be positioned, separated and constructed in such a manner as to allow for view of and protection of the riparian environment and the Weber River channel. Setbacks shall be required that protect and preserve the riparian environment of the Weber River.

A.

Protection: All new developments shall be located and designed to promote flood protection, fish and wildlife protection, recreation, and protection of the riparian environment of the Weber River.

B.

Area Defined: The riparian environment of the Weber River shall begin at and include the area of the high water mark of the Weber River bank and extend inland fifty feet (50') from said mark. The riparian environment shall be used for wetlands preservation, wildlife habitat, natural habitat and integration into an urban trail system. The riparian setbacks and land and water area are land strips of rooted vegetation (trees, grasses and shrubs) used for protection of banks and/or wildlife habitat and shall be maintained where in existence or where created where none existed.

(1985 Code § 19-35-25.1; amd. 2001 Code)

The Weber River parkway is the 100-year flood plain boundary as modified and identified by the city's land use master plan and such is established as the Weber River parkway, and that it be used for potential wetlands preservation, flood plain control, natural habitat preservation, and parkway preservation for the urban trails system. The Weber River parkway could serve as the spine for the urban trail system. Riparian setback lands shall be protected as follows:

A.

Screening Requirements: Parking areas located between the structure and the Weber River shall be screened from view from the Weber River parkway and the Weber River.

B.

Minimum Setbacks: The Weber River parkway setback shall be the modified FEMA/FIRM flood plain map as adopted in the general plan and as established by the city engineer as evidenced by an official map to be maintained at the building and zoning office for public inspection and scale measurement during normal business hours. Should the aforementioned flood plain line be less than one hundred feet (100') from the high water mark of the river bank, then said setback shall be no less than one hundred feet (100') from the said high water mark. The setback shall be the greater of the flood plain line or the one hundred foot (100') line.

(1985 Code § 19-35-25.2)

Prior to the issuance of building permits for any permitted or conditional use within the Office Park Zone, the planning commission shall review the proposed development plans to ensure compliance with the architectural design guidelines provided in this and other chapters of this title.

A.

Overall Architectural Outline:

1.

The proposed development shall be of a quality and character which is consistent with the community design goals and policies, including, but not limited to: scale, height, bulk, materials, cohesiveness, colors, roof pitch, roof eaves, and the preservation of privacy.

2.

The design shall improve community appearance by avoiding excessive variety and monotonous repetition.

3.

Proposed signage and landscaping shall be an integral architectural feature which does not overwhelm or dominate the structure or property.

4.

Lighting shall be stationary and deflected away from all adjacent properties and public streets and rights-of-way.

5.

Mechanical equipment, storage, trash areas and utilities shall be architecturally screened from public view.

6.

With the intent of protecting sensitive land uses, any proposed design shall promote a harmonious and compatible transition in terms of scale and character between areas of different land uses.

7.

All building elevations shall be architecturally treated.

8.

Parking structures shall be architecturally compatible with the primary structure.

9.

Both sides of all perimeter walls or fences shall be architecturally treated.

10.

The restrooms shall be designed in accordance with the international building code to accommodate handicapped persons.

B.

Architectural Guidelines: The following architectural design guidelines apply to all permitted and conditional uses in the office park zone:

1.

Colors shall be limited to soft shades and/or earth tones. No bright or neon colors shall be allowed on exterior of buildings or structures.

2.

Glass exteriors of buildings shall be allowed as long as they are in keeping with the overall professional appearance of the office park.

(1985 Code § 19-35-26; Ord. 847, 11-6-2013)

All buildings and structures proposed for development under this article shall be subject to a site plan review process as adopted by the city. There shall be submitted to the planning commission a master plan for the development of the entire zone and for the development of each lot for the purposes of meeting the requirements set forth in this article. Said plan shall be accompanied by information concerning the number of persons to be employed, the effects on surrounding property, and other physical conditions, including the effect of the project on adjacent streets and shall include the following:

A.

A site plan showing lot lines and defining the area to be occupied by buildings, the areas and configurations to be used for parking, the location of roads, driveways, signs and walks, the spaces for loading, and the character and extent of landscaping, planting and other treatment for adjustment to surrounding property.

B.

Enough information on land areas adjacent to the proposed development to indicate adjacent land uses, zoning classifications, circulation systems, public facilities and unique natural features of the landscape.

C.

Elevations and/or architectural renderings of building facades facing public rights-of-way and zone boundaries where the premises abut areas zoned for residential uses, said elevations or renderings being sufficiently complete to show building heights and rooflines, the location and height of any walls, signs and light standards, openings in the facade, and the general architectural character of the building.

D.

Any additional information as required by the planning commission to evaluate the character and impact of the proposed development.

E.

Additional requirements associated with a conditional use permit application, see chapter 19 of this title.

(1985 Code § 19-35-27; amd. 2001 Code)

A.

Application Presentations: Site plan or zoning applications shall be presented in the following order with no two (2) presentations receiving approval on or at the same planning commission meeting:

1.

Conceptual Approval:

a.

A black and white master site plan is required. Said black and white master site plan shall include a layout of the entire development, building footprints, and black and white sketch drawings of landscape and hardscape.

b.

The conceptual master site plan shall be submitted to the planning commission outlining the concept of the overall development. The planning commission shall forward the conceptual master site plan with recommendations to the city council for its consideration.

2.

Preliminary Approval: This process is required for each phase of the development. A colorized preliminary phase overlay site plan shall be required and shall include the following:

a.

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

b.

Phased overlay property must be held in single ownership or control during development to provide for full supervision and control of said development, and to ensure conformance with these provisions and all conditions imposed upon the preliminary and final development plans. Proof of individual ownership, partnerships, corporations and development agreements approved by the city, shall satisfy these requirements.

c.

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

d.

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

e.

A preliminary grading and drainage plan, including drainage detention basins.

f.

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

g.

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

h.

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

i.

A draft declaration of covenants, conditions and restrictions.

j.

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

k.

A traffic circulation study for both internal and external traffic flow associated with the phase overlay plan.

l.

A market study establishing demand in terms of floor space requirements and number of employees.

m.

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

n.

If applicable, a phasing plan including a construction timetable for all phases.

o.

Failure to submit phase overlay plans within two (2) years of the approval of the master conceptual plan shall be sufficient cause for the planning commission to initiate a review of the phase overlay plan, at the discretion of the planning commission, to consider action to reverse or modify prior approvals.

p.

The planning commission may hold a public hearing on the proposed preliminary plan.

q.

All preliminary approved plans shall run with the land. A new owner of the lot may apply to the planning commission for plan revision. However, revision application must establish to the satisfaction of the planning commission that the revision furthers the goals and objectives of the OP zone ordinance.

r.

Proposed parking lot design showing regular and handicapped parking stall dimensions, stall to building square foot ratio and parking lot screening.

s.

Location, size, height and type of all signage.

3.

Final Approval: Final phase overlay site plan approval shall be required, and shall reflect all items approved at the preliminary plan stage and shall be approved by the planning commission and city council before any plats are recorded or building permits are issued.

B.

Hearing Procedure: Any person may appear in person, by agent or attorney, at any meeting of the planning commission. The order of procedure in the hearing of each application shall be as follows:

1.

Presentation by the planning staff of the application, including recommendation. Presentation shall include the reading of pertinent written comments or reports concerning the application.

2.

Presentation by applicant or applicant's agent. Presentation time may be limited by the planning commission prior to or during applicant's presentation.

3.

Witnesses in favor of application.

4.

Witnesses against application.

5.

Rebuttals by invitation of the chair.

C.

Decisions; Findings: Decisions of the planning commission shall be final at the end of the meeting at which the matter was decided. The site plan then must be considered by the city council. Findings necessary to grant approval for the site plan are:

1.

The proposed use and development of land conforms to the provisions of this article and recommendations of the city planner, community development director and city engineer.

2.

The development is otherwise not detrimental to the public health, safety, general welfare, or to adjacent property, or to the orderly development of the city.

3.

Approval of a traffic impact analysis (TA) for the proposed development, to be completed by a competent transportation engineer at the developer's expense. Said TA shall, at a minimum, address the suitability of the proposed parking, street access, driveway, and on site traffic circulation systems and the impact on the adjacent street system.

4.

Demonstration that adverse impacts on neighboring residential properties have been reasonably mitigated.

5.

Demonstration that adverse impacts on the environment have been reasonably mitigated.

(1985 Code § 19-35-28; amd. 2001 Code; Ord. 854, 5-6-2014)

The following shall be the conditional use approval process to be used in determining whether or not a conditional use may be granted in the office park (OP) zone:

A.

Conditional Use Permit Required; Revocation: A conditional use permit shall be required for all conditional uses provided for in section 10-13C-4 of this article. A conditional use permit may be revoked by the city council after review and recommendation by the planning commission, upon failure to comply with the conditions imposed with the original approval of the permit.

B.

Review Procedure:

1.

Application for a conditional use permit shall be made to the city planner for staff review and subsequent recommendation to the planning commission.

2.

Detailed location, site and building plans shall accompany the completed application forms provided by the city. Following a review by city staff, the city planner may make recommendation to the applicant as may be appropriate.

3.

The application, together with all pertinent information, may be considered by the planning commission within a reasonable period of time following the submission of the application to the city planner.

4.

The planning commission may call a specific hearing on any application after adequate notice if it is deemed in the public interest. A record of the hearing, together with a recommendation for denial or approval of the conditional use permit with conditions of approval or reasons for denial, shall be forwarded to the city council prior to the consideration of the application by the city council.

5.

The planning commission may deny or recommend approval of a conditional use to be located within the OP zone. In recommending approval of a conditional use, the planning commission shall impose such requirements and conditions necessary for the protection of adjacent properties and the public welfare.

6.

The planning commission shall recommend approval of a conditional use permit when evidence is presented to establish that:

a.

The proposed use of the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the community; and

b.

Such use will not, under the circumstances of the particular case and the conditions imposed, be detrimental to the health, safety and general welfare of persons, nor injurious to property or improvements in the office park, but will be compatible with and complementary to the existing surrounding uses, buildings and structures when considering traffic generation, parking, building design and location, landscaping and signs; and

c.

The proposed use conforms to the goals, policies and conditions specified in this article for such use; and

d.

The proposed use conforms to the goals, policies and governing principles and land use of the general plan for the city; and

e.

The proposed use will not lead to the deterioration of the environment, or ecology of the general area, nor will it produce conditions or emit pollutants of such a type or of such a quantity so as to detrimentally effect, to any appreciable degree, public or private property, including the operation of existing uses thereon, in the immediate vicinity of the community or area as a whole.

7.

A denial of the application by the planning commission may be appealed to the city council by filing such written appeal within ten (10) days after the date of the notice of decision sent to the applicant. The city council may uphold or reverse the decision of the planning commission and impose any additional conditions that it may deem necessary in granting an appeal. The decision of the city council shall be final.

8.

Upon receipt of the record of the planning commission's recommendation, the city council may reject, accept or modify the planning commission's recommendation. The decision of the city council shall be final.

9.

Upon receipt of final approval from the city council for a conditional use permit, the developer shall take such permit to the building inspector. The building inspector shall ensure that development is undertaken and completed in compliance with said permit and conditions pertaining thereto.

10.

Unless there is substantial action taken under a conditional use permit within a period of one year of its issuance, as determined by the planning commission, the conditional use permit shall expire. The planning commission may grant a maximum extension of six (6) months under exceptional circumstances.

(1985 Code § 19-35-29; amd. 2001 Code)

The following articles shall apply to all office park developments within the city:

A.

Site Improvements:

1.

Guarantee: To guarantee the construction, repair and/or replacement of required public improvements in each phase, the permittee shall post a guarantee either in the form of an escrow cash deposit or irrevocable letter of credit. The amount of the guarantee shall be the greater of one thousand dollars ($1,000.00) or one hundred twenty-five percent (125%) of the reasonable construction or installation costs of each of the following that is applicable to the project:

a.

Curb, gutter and sidewalk;

b.

Storm drainage system;

c.

Asphalt paving;

d.

Fire hydrants;

e.

Fencing;

f.

Landscaping and sprinkling systems;

g.

Water and sewer lines;

h.

Driveway approaches;

i.

Any other required improvements.

2.

Calculation: In calculating the amount of the guarantee, the city engineer may accept the amount specified in a construction bid as the reasonable cost of the improvements.

3.

Damage: This site improvement guarantee shall also guarantee the repair or replacement of any public improvements damaged by the contractor or owner or their agents during construction. The city shall notify the owner and/or contractor of any such damage and shall require repair or replacement of the damaged public improvements within a reasonable time. Upon the failure of the owner or contractor to make the specified repairs, the city may take whatever legal action it deems appropriate, including foreclosure on the guarantee, to secure the repairs.

4.

Guarantee Release: A guarantee shall not be released until all improvements are completed and accepted by the city and a final certificate of occupancy is issued.

B.

Project Completion:

1.

Security Required: In order to protect the city from the financial burdens resulting from damage to or increased maintenance cost for city facilities that may occur as a result of incomplete or inadequate site improvements on private construction projects, the city requires that developers either complete all site improvements prior to occupancy or inauguration of use, or, if that is not possible, that adequate financial security for that completion, together with a right of entry to the property to complete that work, be granted to the city.

2.

Construction According to Approved Plans: All construction shall be completed according to the approved plans on which the building permit was issued. The approved plans shall also include the site improvements shown on the site plan. Deviations from the approved plans must be approved in advance by the planning commission.

3.

Security for Completion: No certificate of occupancy will be issued unless the building and all required site improvements are completed, or the developer has provided adequate security to guarantee completion of the site improvements. When the site improvements and the building cannot be completed simultaneously due to weather conditions or other factors beyond the control of the developer (excluding financial inability to complete the project), the city may issue a certificate of occupancy for the project, provided the following conditions are met:

a.

The building, buildings, or portions thereof, to be occupied have been constructed in accordance with the approved plans for those buildings and are in full compliance with applicable building and fire codes, and are completed to the extent that only exterior site improvement work remains unfinished; and

b.

The building inspector determines that occupancy of the buildings, or portions thereof, prior to completion of required site improvements, is safe and that access for emergency vehicles is adequate with the site improvements unfinished; and

c.

The developer posts adequate security for the benefit of the city to ensure completion of the site improvements in full compliance with the approved plans within one year from the date of occupancy or inauguration of use.

4.

Amount of Security: The amount of security to be posted by the developer shall be determined by the city engineer, and shall be equal to one hundred twenty-five percent (125%) of the amount reasonably estimated by the engineer as being necessary to complete remaining site improvements as shown on the approved plans. In the event that the developer disputes the cost estimate of the city engineer, the developer may prove a lower construction cost by providing binding contracts between the developer and contractor or subcontractor appropriate to perform the required work at a stated, fixed price. Bid proposals are not satisfactory for this purpose. If the contracts submitted are acceptable in form, the amount of security required shall be one hundred twenty-five percent (125%) of the total contract price of all such contracts submitted, plus one hundred twenty-five percent (125%) of the estimated reasonable cost of performing any work not covered by the contracts. Specifications in such contracts shall be sufficiently clear to identify the work called for under the contract.

5.

Terms of Security: The terms of any security arrangement offered to the city shall state a date certain by which the developer agrees to have site improvement work completed in accordance with the plans, and further provide that, in the event that the developer has not completed required site improvement work by that date, the city may, at its option and on its schedule, draw on the funds escrowed, or credit established, or such other security device by its own act, and shall not be required to obtain consent of developer to withdraw funds for completion of the work shown on approved plans. The city's actual costs in administering the completion of work in the event of a default by the developer shall be reimbursed from the escrow or other security arrangements.

6.

Form of Security: Security arrangements offered in lieu of simultaneous completion of buildings and site improvements shall be in one or more of the following forms:

a.

An irrevocable letter of credit from a bank authorized to do business in the state, naming the city as the payee of funds drawn against that letter of credit and guaranteeing the availability of funds for one year; or

b.

A deposit of cash with a third party escrow acceptable to the city.

7.

Payment of Interest: Any interest accruing on escrow funds shall, unless expended for completion of site improvements required, inure to the benefit of the developer upon release and the use of land, not to the city.

8.

Preparation of Development Agreement: A development agreement shall be prepared between the city and the developer outlining the terms and conditions of the site plan approval.

(1985 Code § 19-35-30; amd. 2001 Code)

A.

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

B.

Assurances, Standards: The following assurances and standards shall be included within the declaration of covenants, conditions and restrictions recorded in conjunction with any office park (OP) development:

1.

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

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

g.

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

2.

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

C.

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

D.

Architectural Committee: The declaration shall provide for the creation and perpetual provision for an architectural committee, the numbers of members and composition of which shall be clearly stipulated. At least one member of this committee shall be selected from the surrounding neighborhood by the planning commission. (To accomplish this, the neighborhood shall submit a list of at least 6 names of area residents to choose from.) The provision shall provide for the approval by said architectural committee for all schematic project plans and elevations of all buildings and signs to be erected in the office park (OP) development prior to submission for project plan approval by the city. The declaration shall also establish design guidelines governing the appearance of the site, buildings, signs, lighting, landscaping, street furniture, fencing and mechanical equipment.

E.

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

F.

Area of Building Occupancy: The declaration shall specify the maximum percentage of lot area which will be occupied by building in the areas of each of the general land use categories as set forth in the approved preliminary projects plan.

G.

Building Height: The declaration shall specify the maximum building height approved by the planning commission.

H.

Traffic and Parking Management Plan: The declaration shall contain a traffic and parking management plan.

I.

Use Restrictions: The declaration may also contain use restrictions which are more restrictive than the city's zoning provisions, but in no case shall they be more permissible.

J.

Statement of Ownership: The declaration shall state that:

Riverdale City, by virtue of ownership of streets, utilities, rights-of-way and easements in and through the project, shall be deemed to be an owner with full voting privileges, under the terms of this declaration and shall have authority and standing to initiate actions for enforcement of the provisions and standards herein which are deemed to be in the public interest.

(1985 Code § 19-35-31)

The purpose of this article is to describe certain overlay zones to impose special development guidelines on identified areas; establish locations within the city which will accommodate low-impact transition developments; and establish regulations for use and development of land within the city which govern uses, density, open spaces, structures, buildings, energy efficiency, light and air quality, transportation, infrastructure, public facilities, vegetation, trees and other landscaping.

(Ord. 592, 8-1-2001)

A.

The objectives of this article are:

1.

To define a range of services and uses which may be offered by planned low-impact transition entities within the community; and

2.

To establish guidelines for the physical development of such low-impact transition entities and uses; and

3.

To preserve and enhance the residential character of the city.

B.

The intent of these regulations is to establish a standard for low-impact transition development and maintenance which:

1.

Minimizes any adverse effect of the low-impact transition zone on nearby properties by achieving maximum compatible integration of the area, and provide for safe and efficient use of the low-impact transition zone itself; and

2.

Minimizes traffic congestion on public streets in the vicinity; and

3.

Promotes the overall functionality, safety and visual attractiveness of low-impact transition buildings, accompanying substructures and surrounding landscape; and

4.

Promotes development and uses that are in harmony with the goals and direction of the city; and

5.

Promotes the quality of architecture and the use of quality building materials to encourage creativity of design; and

6.

Promotes the successful completion of the development of a low-impact transition project, and of the ability of low-impact transition entities to succeed; and

7.

Provides for diversity in the tax base of the city.

(Ord. 592, 8-1-2001)

All uses in the low-impact transition overlay zone shall be planned uses. The approval of planned uses shall be reviewed and approved by the planning commission prior to issuance of a business license. Planned uses shall include, but are not limited to, the following: professional office; real estate office, insurance office; elderly care facilities and high-tech repair.

(Ord. 592, 8-1-2001)

(Ord. 592, 8-1-2001)

An opaque screen shall be installed and maintained along all residential boundaries. The type of screening shall be approved by the planning commission, such screening shall be approved based on geographical reasoning. The following are acceptable means of providing such screening:

A.

Walls: A wall shall consist of stone, brick, tile or similar type of solid masonry material of sound barrier quality to a minimum of eight inches (8") thick. All such walls must be landscaped with vegetation in front and shall be a buffer between the low-impact transition zone and adjacent residential zones. The wall shall be a minimum of six feet (6') in height.

B.

Berms: Berms of varying height and width, which will be determined by the size of the landscaped areas.

C.

Natural Vegetation/Growth: If natural vegetation/growth exists on the property and said natural vegetation/growth would have to be removed for the construction of a wall for the purpose of screening between the low-impact transition zone and adjacent residential zones, the planning commission may waive the construction of that portion of the wall to preserve the natural vegetation/growth. Said natural vegetation/growth shall be maintained and allowed to be calculated as a part of the required landscaping.

(Ord. 592, 8-1-2001)

On-site parking in the low-impact transition zone shall not be impacted by any use so as not to have a sufficient number of parking stalls for all uses within the low-impact transition zone. A minimum of one space per five hundred (500) square feet of floor area is required.

(Ord. 592, 8-1-2001)

All landscaping shall be installed and maintained in conformance with a landscape plan, which has been recommended by the planning commission and approved by the city council.

A.

Plan: At the time of the preliminary site plan submittal to the planning commission, a detailed landscape plan shall also be submitted showing typical landscaping. Twenty percent (20%) of a low-impact transition area shall be maintained in landscaped open space. The twenty percent (20%) does not include nonbuildable on-site areas and nonbuildable and parkstrip areas in dedicated road right-of-way.

B.

Trees: A minimum of two inch (2") caliper trees shall be required as part of all landscape requirements. There shall be a minimum of one tree per five thousand (5,000) square feet of lot area, and not more than thirty-three percent (33%) of all newly planted trees may be of the same variety. Existing significant tree stands and natural vegetation shall be integrated into the site landscape plan to the maximum extent possible.

C.

Dumpsters, Service Areas: No dumpster areas or service areas shall be visible from any roadway or residence, or abut any residence or residential area. Dumpsters shall be in an enclosure constructed out of the same material as the building or wall and designed such that refuse cannot blow from the dumpster.

D.

Berms: Where any nonresidential development abuts any residence or residential area, there shall be undulated landscaped berms with a minimum width equal to that of the setback requirements (20 feet) for said area and development.

E.

Plan Preparation: The city requires that landscaping plans be designed by a registered landscape architect.

(Ord. 592, 8-1-2001)

Sign design and illumination themes shall also be included for review and approved by the planning commission and city council. A total sign plan package for development is required.

A.

Monument Signs: Freestanding monument identification signs shall be permitted per lot frontage. Such signs shall not exceed thirty-two (32) square feet in area. Their maximum height above the street grade shall not exceed five feet (5'). Such signs shall be set back from the street right-of-way lines at least ten feet (10').

B.

Building Wall Signs: Only one building identification sign shall be permitted for each building and shall be installed below the roofline. Such signs shall not exceed twenty-four (24) square feet in total area as measured by a rectangle around the outside of the lettering and/or the pictorial symbol. The sign shall not project more than twelve inches (12") from the face of the building. Painted wall signs shall not be permitted. Only nonilluminated cabinet signs shall be permitted.

(Ord. 592, 8-1-2001)

Site and security lighting shall be designed to enhance the architectural quality of the development and screened to protect the residential areas from glare. Site lighting shall be achieved by wall packs and/or light poles not to exceed the height of twelve feet (12') and designed so as not to flood onto adjacent properties. A lighting plan for all exterior lighting is required.

(Ord. 592, 8-1-2001)

At the time of the preliminary site plan submittal to the planning commission, as part of review of proposed development, the developer is required to provide building profiles for review and comments by the planning commission.

A.

Overall Architectural Outline:

1.

The proposed development shall include architectural renderings and elevations of the proposed buildings. Relationships to surrounding uses shall be considered in respect to scale and massing of the proposed uses. Architectural style, colors and materials will be assessed in order to maintain a consistent quality throughout the zone.

2.

The design shall improve community appearance by avoiding excessive variety and monotonous repetition.

3.

All building elevations shall be architecturally treated with the same materials on all faces of the building.

B.

Architectural Guidelines: The following architectural design guidelines apply to all planned uses in the low-impact overlay zone:

1.

Detailed architectural guidelines are attached to the ordinance codified herein as exhibit A and on file in the city office.

2.

All architectural treatments may be reviewed by a registered architect chosen by the city and paid for by the developer.

3.

The height of buildings shall be determined at the time of development review.

(Ord. 592, 8-1-2001)

A.

Animals may not be used for security purposes.

B.

As a part of the submittal of the development plan, a traffic plan will be submitted by the applicant addressing any traffic issues to the surrounding area and on the site.

C.

Property in a low-impact transition zone shall not be used in such a manner as to create a nuisance to any adjacent sites, such as, but not limited to: vibration, sound, electromechanical disturbance and radiation, air or water pollution, dust, emission of odorous, toxic or noxious matter, or placement dumping or blowing refuse, paper or other garbage.

D.

No business operating after the hour of seven o'clock (7:00) P.M. shall, in any way, create a nuisance to the surrounding residential area.

E.

Deliveries and pickups in a low-impact transition zone shall be between the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., Monday through Sunday.

F.

No trash collection or parking lot sweeping is allowed in a low-impact transition zone between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M.

G.

Overhead delivery doors shall remain closed except for deliveries or pickups.

H.

It is prohibited to use any outdoor area for commercial use in any way for all businesses in the low-impact transition zone.

I.

Outside speakers, pagers and sound systems of any kind or nature whatsoever are strictly prohibited in the low-impact transition zone.

J.

Exterior audible security notification is prohibited.

(Ord. 592, 8-1-2001)

All buildings and structures proposed for development under this article shall be subject to a site plan review process as adopted by the city.

(Ord. 592, 8-1-2001)

All low-impact transition developments within the city shall comply with the city's bonding requirements.

(Ord. 592, 8-1-2001)

Guarantees and covenants for the development shall be included in the project development agreement. Prior to issuance of building permits, the city council shall adopt a resolution authorizing a developer's agreement between the city and the developer.

(Ord. 592, 8-1-2001)

The purposes of this article are:

A.

To move forward with the goals and objectives of the Riverdale City general plan for better, balanced development; and

B.

To utilize the locations identified by the Riverdale City general plan within the city which will accommodate landmark developments; and

C.

To impose special development guidelines on the identified areas; and

D.

To establish regulations for use and development of land within the identified areas, which govern uses, density, open spaces, structures, buildings, energy efficiency, light and air, air quality, transportation, infrastructure, public facilities, vegetation, and trees and landscaping.

(Ord. 596, 12-5-2001)

A.

The objectives of this article are:

1.

To create a zone that allows for the establishment of a well designed and refined development; and

2.

To promote development quality that enhances the prominent location in the city and creates a "visual signature" and "landmark" for the city.

3.

To establish guidelines for the physical development of such landmark development (LM) entities and uses; and

4.

To define a range of uses, which are planned, and are not limited to, a defined listing; but shall be reviewed on a case by case basis.

B.

The intent of these regulations is to establish a standard for landmark development (LM) which:

1.

Designs a regional based zone for the purpose of providing personal, cultural, recreational and incidental retail services for the entire region; and

2.

Promotes development and uses that are in harmony with the goals and direction of the city; and

3.

Establishes building architecture, landscaping, hardscaping, lighting, fencing, and sign development with an emphasis on excellence and quality so that its distinction surpasses design and development occurring in any other zone; and

4.

Promotes a quality development by excluding the use of exterior open space, landscaping and parking for display, storage, sale or repair of any commodity; and

5.

Provides for diversity in the tax base of the city.

(Ord. 596, 12-5-2001)

All requests for development in an area designated on the city general plan land use map as "Landmark" shall be reviewed conceptually by the planning commission to determine if the proposed use is relevant to the intent of the landmark development (LM) zone. Retail may be allowed only as "incidental" to main landmark uses.

(Ord. 596, 12-5-2001)

Site coverage regulates the area of the site that may be covered by buildings. Covered walkway, roof structure overhangs and other solar/weather protection or aesthetic structural elements shall not be included in building coverage calculations. Required parking and landscape ratios shall not be impaired by nonbuilding structures.

(Ord. 596, 12-5-2001)

If it is the determination of the planning commission that boundary line screening is required or if it is the desire of the developer to install screening, said screening shall consist of the following:

A.

Walls: A wall shall consist of stone, or a similar type of solid masonry material a minimum of eight inches (8") thick.

B.

Fences: A fence shall be constructed of ornamental iron or a material review and approved by the planning commission.

C.

Standards: Since walls and fences are a main visual feature in any development, regulations related to the placement, size and appearance of such structures must be enacted. The following standards shall apply to the installation of all fences and walls, or other visual obstructions used for the purpose of screening, either around the perimeter of the development site or within the development site:

1.

All screening shall complement the architectural components of the buildings.

2.

The height of the walls and fences shall be reviewed by the planning commission and approval shall be based on screening that is necessary to enhance and protect the development from adjacent property.

3.

If fencing/walls are not required or permitted, landscaping must blend with and complement adjacent developments.

(Ord. 596, 12-5-2001)

A.

Spaces Required: The planning commission shall determine the number of parking spaces for staff and customers for each use. The number of required spaces may be derived from the list in section 10-15-3 of this title (parking space for nondwelling buildings), but in no case shall the parking ratio be less than 4.5 spaces per one thousand (1,000) square feet of building area.

B.

Parking Lot Characteristics: Each parcel of land developed for off street parking in response to the requirements of this article shall provide the following characteristics:

1.

Surfacing: Surfacing shall be hard surfaced and maintained in good condition and kept clear and in an unobstructed and usable condition at all times during business hours. Responsibility for maintenance of the lot shall rest with the property owner. The lot shall provide adequate access to a street or alley.

2.

Grading: Parking lots shall be graded for proper drainage with surface water diverted in such a way as to keep the parking area free of accumulated water or ice. All surface drainage shall be detained within development site and approved by city engineer.

3.

Lighting: Lots shall be properly illuminated, with luminaries arranged so as to baffle and direct light away from any adjoining residential buildings and not adversely impact any adjacent properties.

4.

Size of Spaces: Each parking space shall be a minimum of ten feet (10') wide by twenty feet (20') long.

5.

Handicapped Parking: All structures which are regulated by the provisions of the international building code shall have adaptations which assist access by handicapped persons and shall, in addition, provide off street parking for handicapped persons as required by applicable state or federal regulations.

(Ord. 596, 12-5-2001; Ord. 847, 11-6-2013)

All landscaping shall visually enhance and complement the overall development and be installed and maintained in conformance with a landscape plan, which has been approved by the planning commission and city council. The following are the minimum standards (see subsection 10-13E-5C3 of this article):

A.

Plan Required: A detailed landscape plan shall be submitted at the time that the project plan for the entire development is reviewed and approved.

B.

Open Space and Front of Property: A minimum of twenty percent (20%) of the entire developed land area shall be maintained in landscape open space. Fifty percent (50%) of all of the landscaping shall be visible from dedicated roads fronting the property.

C.

Hardscape: The use of hardscaping will not be counted as a part of the landscape ratio unless the hardscaping is designed to visually enhance the appearance of the landscaping as determined by the planning commission and city council, but in no case can this ratio exceed a deduction of more than three percent (3%) of the landscape ratio.

D.

Xeriscape: Xeriscape principles may be used to serve as the primary means in landscaping, but desert and natural type landscape concepts shall not be utilized as total approved landscaping.

E.

Plan Preparation: The landscape plan shall be drafted by a landscape architect or a designer who is employed by a landscape company.

F.

Landscape Trees: There shall be a minimum of one tree per two thousand five hundred (2,500) square feet of land area and not more than twenty-five percent (25%) of all newly planted trees may be of the same variety.

G.

Dumpsters, Service Areas: No dumpster areas or service areas shall be visible from any roadway or residence. Dumpsters shall be in an enclosure constructed out of the same material as the building or wall and designed such that refuse cannot blow from the dumpster.

H.

Maintenance: The landscaping shall be maintained through perpetuity. All plants shall be serviced by an acceptable automatic irrigation or sprinkler system and maintained in a healthful living condition. Dead plant materials shall be replaced as necessary during the life of the project and in accordance with the approved landscaping plan.

I.

Water: Water saving methods shall be implemented and utilized for all landscaping.

(Ord. 596, 12-5-2001)

Sign design and illumination themes shall also be included for review by the planning commission and city council. The planning commission and city council shall not approve a development proposal without a sign plan. Architectural themes shall be carried into the sign plan.

(Ord. 596, 12-5-2001)

Subtle building and site lighting to enhance the landmark use is required. Site and security lighting shall be designed to enhance the architectural quality of the development. Screening of lights from residential areas and glare from traffic areas shall be minimized. Lighting consistency utilizing a design approved for the entire area shall be required in the parking lots.

(Ord. 596, 12-5-2001)

As part of review of proposed development, the planning commission shall review the proposed development plans to ensure compliance with the architectural design guidelines intended to promote the "visual signature" and "landmark" concepts.

A.

Overall Architectural Outline:

1.

The proposed development shall include architectural renderings and elevations of the proposed buildings. Relationships to surrounding uses shall be considered in respect to scale and massing of the proposed uses. Architectural style, colors and materials will be assessed in order to maintain a consistent quality throughout the development.

2.

The design shall improve community appearance by avoiding excessive variety and monotonous repetition.

3.

All building elevations shall be architecturally treated and with the same materials on all faces of the building.

B.

Architectural Guidelines: The following architectural design guidelines apply to uses in the landmark development zone:

1.

Detailed architectural guidelines are attached to the ordinance codified herein as exhibit A and on file in the city office.

2.

All architectural treatments may be reviewed by a registered architect chosen by the city and paid for by the developer.

(Ord. 596, 12-5-2001)

All buildings and structures proposed for development under this article shall be subject to a site plan review process as adopted by the city. There shall be submitted to the planning commission a master plan for the entire development for the purpose of meeting the requirements set forth in this article.

(Ord. 596, 12-5-2001)

The following articles shall apply to all landmark developments within the city:

A.

Site Improvements:

1.

Guarantee: To guarantee the construction, repair and/or replacement of required public improvements in each phase, the permittee shall post a guarantee either in the form of an escrow cash deposit or irrevocable letter of credit. The amount of the guarantee shall be the greater of one thousand dollars ($1,000.00) or one hundred twenty-five percent (125%) of the reasonable construction or installation costs of each of the following that is applicable to the project:

a.

Curb, gutter and sidewalk;

b.

Storm drainage system;

c.

Asphalt paving;

d.

Fire hydrants;

e.

Fencing;

f.

Landscaping and sprinkling systems;

g.

Water and sewer lines;

h.

Driveway approaches;

i.

Any other required improvements.

2.

Calculation: In calculating the amount of the guarantee, the city engineer may accept the amount specified in a construction bid as the reasonable cost of the improvements.

3.

Damage: This site improvement guarantee shall also guarantee the repair or replacement of any public improvements damaged by the contractor or owner or their agents during construction. The city shall notify the owner and/or contractor of any such damage and shall require repair or replacement of the damaged public improvements within a reasonable time. Upon the failure of the owner or contractor to make the specified repairs, the city may take whatever legal action it deems appropriate, including foreclosure on the guarantee, to secure the repairs.

4.

Guarantee Release: A guarantee shall not be released until all improvements are completed and accepted by the city and a final certificate of occupancy is issued.

B.

Project Completion:

1.

Security Required: In order to protect the city from the financial burdens resulting from damage to or increased maintenance cost for city facilities that may occur as a result of incomplete or inadequate site improvements on private construction projects, the city requires that developers either complete all site improvements prior to occupancy or inauguration of use, or, if that is not possible, that adequate financial security for that completion, together with a right of entry to the property to complete that work, be granted to the city.

2.

Construction According to Approved Plans: All construction shall be completed according to the approved plans on which the building permit was issued. The approved plans shall also include the site improvements shown on the site plan. Deviations from the approved plans must be approved in advance by the planning commission.

3.

Security for Completion: No certificate of occupancy will be issued unless the building and all required site improvements are completed, or the developer has provided adequate security to guarantee completion of the site improvements. When the site improvements and the building cannot be completed simultaneously due to weather conditions or other factors beyond the control of the developer (excluding financial inability to complete the project), the city may issue a certificate of occupancy for the project, provided the following conditions are met:

a.

The building, buildings, or portions thereof, to be occupied have been constructed in accordance with the approved plans for those buildings and are in full compliance with applicable building and fire codes, and are completed to the extent that only exterior site improvement work remains unfinished; and

b.

The building inspector and fire marshal determine that occupancy of the buildings, or portions thereof, prior to completion of required site improvements, is safe and that access for emergency vehicles is adequate with the site improvements unfinished; and

c.

The developer posts adequate security for the benefit of the city to ensure completion of the site improvements in full compliance with the approved plans within one year from the date of occupancy or inauguration of use.

4.

Amount of Security: The amount of security to be posted by the developer shall be determined by the city engineer, and shall be equal to one hundred twenty-five percent (125%) of the amount reasonably estimated by the engineer as being necessary to complete remaining site improvements as shown on the approved plans. In the event that the developer disputes the cost estimate of the city engineer, the developer may prove a lower construction cost by providing binding contracts between the developer and contractor or subcontractor appropriate to perform the required work at a stated, fixed price. Bid proposals are not satisfactory for this purpose. If the contracts submitted are acceptable in form, the amount of security required shall be one hundred twenty-five percent (125%) of the total contract price of all such contracts submitted, plus one hundred twenty-five percent (125%) of the estimated reasonable cost of performing any work not covered by the contracts. Specifications in such contracts shall be sufficiently clear to identify the work called for under the contract.

5.

Terms of Security: The terms of any security arrangement offered to the city shall state a date certain by which the developer agrees to have site improvement work completed in accordance with the plans, and further provide that, in the event that the developer has not completed required site improvement work by that date, the city may, at its option and on its schedule, draw on the funds escrowed, or credit established, or such other security device by its own act, and shall not be required to obtain consent of developer to withdraw funds for completion of the work shown on approved plans. The city's actual costs in administering the completion of work in the event of a default by the developer shall be reimbursed from the escrow or other security arrangements.

6.

Form of Security: Security arrangements offered in lieu of simultaneous completion of buildings and site improvements shall be in one or more of the following forms:

a.

An irrevocable letter of credit from a bank authorized to do business in the state, naming the city as the payee of funds drawn against that letter of credit and guaranteeing the availability of funds for one year; or

b.

A deposit of cash with a third party escrow acceptable to the city.

7.

Payment of Interest: Any interest accruing on escrow funds shall, unless expended for completion of site improvements required, inure to the benefit of the developer upon release and the use of land, not to the city.

8.

Preparation of Development Agreement: A development agreement shall be prepared between the city and the developer outlining the terms and conditions of the site plan approval.

Riverdale City reserves the right for the developer to pay costs for reviews and recommendations pertaining to consulting in areas of architectural, engineering, traffic, geology, financial or any consultation the city deems necessary for information regarding purposed development.

(Ord. 596, 12-5-2001)

Guarantees and covenants for the development shall be included in the project development agreement.

(Ord. 596, 12-5-2001)

This article is to protect public health, safety and general welfare, reduce man-made hazards, protect property and water quality by implementing management practices, criteria, and provisions included herein for land use activities, construction and earth disturbance activities, and to achieve the following throughout the City. Furthermore, to establish the required process to determine whether property on or adjacent to certain critical slopes can be maintained or protected and used in a safe, orderly and beneficial manner.

Due to the nature of the property located in certain hillside and slope areas, the following are requirements that are in addition to noncritical hillside building requirements. The requirements imposed by this article shall take the place or supersede any other building or review requirements that have been previously adopted by the City. Noncritical hillside development matters, defer to the City's standard subdivision ordinance development requirements.

(Ord. 907, 3-19-2019)

All definitions set forth in chapter 2 of this title are applicable to this article.

CRITICAL HILLSIDE: Any hillside or slope equal to or greater than a twenty percent (20%) slope or angle.

DEVELOP, DEVELOPED, DEVELOPMENT: Any construction, proposed construction, modification or remodel, following the initial enactment date of this article, of any building, structure, facility or appurtenance on a critical hillside or slope for which a City building permit, license, or grant is required pursuant to the provisions of this title, this Code, City adopted Building Codes, Plumbing Codes, and Fire Codes.

EXCAVATION: Removal of earth, sand, gravel, rock or other similar material through uncovering, digging, cutting into, grading, quarrying, extraction or displacement.

FILL: Deposit or placement of soil, sand, gravel, rock or other similar material.

SITE/SLOPE DISTURBANCE: Slope disruption caused by human activities upon the land; removal of vegetation or trees, grading, excavation, fill, water discharge, excretion, redirection, or introduction of water or directed drainage or any combination thereof, and/or site conditions resulting from such human-induced actions.

SLOPE: Slope is the relationship of vertical rise to horizontal run, expressed as a percentage from the "toe" to "top" of a slope. The topographic gradient of any area of land, whether or not located on a single parcel, as determined by the change in vertical distance or elevation (rise) over a horizontal distance (run) which, for the purposes of these regulations is expressed as a percentage (e.g., 20-ft gain/100-ft distance = 0.20 or 20%). For construction and grading purposes slope also may be expressed as the ratio of the horizontal to vertical distance (e.g., 2:1). For purposes of these regulations, a "slope" is a natural (pre-development) slope of twenty percent (20%) to twenty-five percent (25%). A "very steep slope" is a natural (pre-development) slope of twenty-five percent (25%) or more.

(Ord. 907, 3-19-2019)

The following shall be provided to Riverdale City to determine whether a proposed critical hillside or slope of a property or development will be considered by the City. Submission of said information does not guarantee that a critical hillside or slope development will be allowed.

A.

During Conceptual Discussion:

1.

Identify the area to be developed. In the event the proposed development is in a sloped area greater than twenty percent (20%) the development requires a geotechnical report, paid for by the applicant, to be submitted to the City Engineer for review, prior to proceeding to a preliminary review of the development.

2.

Name of the developer.

3.

Location of the development.

4.

Type of development.

5.

Acreage of the property.

6.

Current ownership of the property.

7.

The property boundaries and the names of the adjacent property owners.

8.

Geotechnical study including soil and soil constraints, water and seismic concerns, erosion control and development recommendation to include items specified by the City Engineer.

9.

If it is deemed necessary to remove vegetation from the hillside or slope in order to complete a study prior to preliminary review, the developer shall submit a vegetation removal plan to the Riverdale City Department of Community Development for review and approval. The vegetation removal plan shall be a thorough plan showing what the site will look like when completed.

B.

During Preliminary Review:

1.

Topographic contours no greater intervals than two feet (2'). If the property is steep (greater than 30 percent), five feet (5') contour intervals shall be used. If engineering needs are greater than what is specified, defer to engineering for topographic specifications.

2.

Location of existing natural features on hillside or slope (springs, wetlands, ditches, etc.).

3.

Location of rights-of-way and easements.

4.

Detailed outline of vegetation proposed to be removed and potential impact.

5.

Detail disposal of on-site water and sediment control.

C.

Final Review: Any additional engineering requirements must be completed prior to request for final review and determination by Riverdale City Planning Commission. The Riverdale City Engineer shall review all items and make a recommendation prior to final approval review by the Planning Commission.

D.

Geotechnical Report: At any point during the consideration of any development application or request of or upon a hillside or slope, the City may obtain their own Geotechnical Report to be used as consideration for approval or denial of the development application.

(Ord. 907, 3-19-2019)

Slopes are naturally unstable and sensitive to change from gravity, vibration, wind, water or disturbance, either natural or man-made, can cause mass earth slope movement, soil erosion, soil slippage or slide. The characteristics that influence the stability of slope include geology, slope drainage, slope topography, soil type, and changes to the slope. Slopes are vulnerable to damage resulting from site disruption, primarily related to soil erosion or man-made influences. The City is empowered to regulate land use activities that affect slope protection, soil stability, stormwater runoff, and surface and groundwater quality and quantity by authority of adopted building regulations and the Land Use, Development, and Management Act, title 10, chapter 9a of the Utah Code.

A.

Compliance: All uses, activities and development occurring within any slope area shall be undertaken only in strict compliance with the provisions of this article, along with all Federal and State laws, and with all other applicable geo-technical studies, codes, and ordinances.

B.

Activity: Any non-regulated or regulated activity (including but not limited to new development, redevelopment, or earth disturbance) that is to take place incrementally or in phases, or occurs in sequential individual projects on the same parcel or property, shall be subject to regulation by this chapter. The following activities are prohibited by this chapter:

1.

Discharge of water from any source over, upon, near, or onto a hillside or slope.

2.

Excessive infiltration or redirection of water caused from man-made sources such as irrigation, roof down spout drainage, irrigation, draining of swimming pools or hot tubs, or water collection or conveyance upon slope areas from structures, property, or any water collection system.

3.

Land use activities that scour, erode or cause sedimentation upon sensitive slope areas.

4.

Removal of vegetation upon any hillside or slope.

5.

Placement of any material upon the hillside or slope area(s). Including, but not limited to: soil, earth-like materials, yard waste, debris, trash, or any deleterious substance or item.

6.

Alteration, grading of, excavation, or undercutting of slope area by removal or disturbance of slope soil(s); or disturbance of the natural hydrologic regime of the land or slope.

7.

Land use activities or interface activities that endanger the vegetation of the slope area or disturbance of the soil within the slope areas of the City of Riverdale.

C.

New Development: When new development is proposed which involves land disturbing activity near or upon slope areas within the City, or if geological hazard indicators are observed on the land which will be disturbed by development, the City will require that the applicant obtain investigation(s) by a licensed geologist(s) and/or licensed geotechnical engineer, as appropriate, before allowing development to proceed. If the City requests additional investigation(s), the City Administrator shall designate in writing the geological hazard indicator observed that requires more analysis and study by professional geologist or engineer. When the Administrator requires additional study, this requirement may be appealed to the City Council. The developer shall be required by the City to implement and comply with all recommendations of the Geotechnical Study or analysis as submitted to the City prior to development and during construction activities.

D.

Conflicting Regulations: In cases of conflict between this chapter and the provisions of existing zoning classifications, Building Code, subdivision ordinance, or any other ordinance of the City or applicable law, the most restrictive provision shall apply.

(Ord. 907, 3-19-2019)

A.

Enforcement Authority: The City building official or designees shall have the authority to inspect work within critical slope areas. The building official may issue notices of violation, stop work orders, and citations, and to pursue civil and criminal penalties provided by law for violations of this Code. The City building official shall be permitted to enter and inspect facilities subject to this article at all reasonable times and as often as necessary to determine compliance. Failure to comply with the terms of this article may result in punitive actions by the City of Riverdale Ordinance Enforcement, by the Weber County Health Department, Utah State Division of Water Quality, EPA or by other means identified in permits or terms set forth in development or permit applications.

B.

Violations: Any person who shall commit any act declared unlawful under this article, who violates any provision of this article, who violates the provisions of any permit issued pursuant to this article, or who fails or refuses to comply with any lawful communication or notice to abate or take corrective action by the City, shall be subject to: criminal prosecution punishable as a Class B misdemeanor; or administrative enforcement pursuant to the procedures set forth in title 1, chapter 13 of this Code. The City shall have sole discretion in deciding whether to file a civil or criminal case or pursue administrative enforcement action.

C.

Recovery of Damages and Costs: In addition to the penalties set forth in this article, the City may recover:

1.

All damages caused by the violator to the City, which may include any reasonable expenses incurred in investigating violations of, and enforcing compliance with, this article, or any other actual damages or hours of work caused by the violation.

2.

The costs of legal action to enjoin the continuing violation of this article, and the existence of any other remedy, at law or equity, shall be no defense to any such actions.

3.

Cumulative remedies set forth in this section shall be relative, not exclusive, and it shall not be a defense to any action, civil or criminal, that one or more of the remedies set forth herein has been sought or granted.

(Ord. 907, 3-19-2019)

A.

The purpose of the mixed use zone (MU) is to encourage the development of areas as a mix of compatible residential and commercial uses. The district is to provide for commercial use opportunities while preserving the attractiveness of the area for residential use and to ensure compatibility. The district is intended to provide a higher level of control over nonresidential uses to ensure that the use and enjoyment of residential properties is not substantially diminished by nonresidential redevelopment. The intent of this district shall be achieved by designating development and redevelopment to comply with established standards for compatibility and buffering as set forth in this article. It also encourages the assembly of properties in a unified plan to create a coordinated and harmonious development. This will promote outstanding design without unsightly and unsafe development. Specific measures to mitigate negative impacts of mixed use developments include standards for fencing, landscaping, lighting, noise, odor, screening, signage, vehicular access and design consideration which will be required at the time of design and site approval.

(Ord. 647, 7-19-2005)

A.

Commercial:

B.

Residential:

(Ord. 658, 4-18-2006)

A.

Per the planning commission discretion, at the preliminary review stage commercial and residential ratios may be imposed for the uses on the property.

B.

Per the planning commission discretion open space and trail connections throughout the project site may be required.

C.

Approval of uses shall be reviewed and approved by the planning commission prior to issuance of a business license.

(Ord. 647, 7-19-2005)

A.

All uses in a mixed use zone shall be reviewed or considered by the planning commission. Uses deemed inappropriate because of being adverse or having a potential negative impact on people, uses or property in the development area shall not be allowed. Possible potential uses would include:

Accessory retail sales and services when located within a principal building.

Adult daycare centers.

Amusement enterprises including:

Bowling alley.

Dance studio.

Gymnasium.

Park and playground.

Recreation facilities (private and public).

Roller skating rink.

Theater:

Movie, indoor.

Performing arts production facility with live performance.

Animal service including:

Doggie daycare, conducted in a completely enclosed building.

Grooming for cats and dogs.

Hospital, small animal only and services conducted in a completely enclosed building.

Art galleries.

Assisted living facility.

Bed and breakfast.

Car wash, manual and professional.

Child daycare/preschool centers.

Church, place of worship.

Cleaning:

Dry cleaning/laundromat.

Clinics:

Medical and dental offices/clinics.

Optometrist, optician or oculist.

Physician or surgeon.

Community gardens.

Day spa (bath and massage establishment).

Dwelling unit above first floor commercial or office.

Financial institutions with or without drive-through facilities.

Hotel/motel.

Library.

Multi-family dwellings (condo/townhouse).

Museum.

Nature preserves/conservation areas.

Nursery school and preschool.

Office, research related.

Offices:

Accountant.

Employment agency.

Government offices.

Legal.

Medical.

Professional.

Real estate agency.

Travel agency.

Parking (park and ride lots not allowed):

Off site parking.

Structure.

Public/private utility buildings and structures.

Public/private utility transmission wires, lines, pipes and poles.

Reception center/wedding chapel.

Restaurant (with or without drive-through facilities):

Cafe or cafeteria.

Catering establishment.

Delicatessen.

Ice cream parlor.

Retail goods establishments.

Retail service establishments.

Single-family attached/detached dwellings.

Transportation terminals (bus and rail).

Vending carts on private property.

B.

Not permitted in this zone would be sexually oriented business (SOB) per subsection 3-5-11B of this code or clubs, lounges, taverns or any establishment whose primary propose is the sale of alcoholic beverage.

(Ord. 658, 4-18-2006; amd. Ord. 802, 4-3-2012)

Hours of operation are to be set by the planning commission after considering the impact to surrounding areas. General guidelines could include, but are not limited to, businesses not to be open before six o'clock (6:00) A.M. or after eleven o'clock (11:00) P.M.

(Ord. 647, 7-19-2005)

The uses in this article shall be permitted only under the following conditions: no outside storage except for two (2) business delivery vehicles, three-quarter (3/4) ton or smaller (unless otherwise specified by the planning commission).

(Ord. 647, 7-19-2005)

Fencing may be required per the planning commission discretion for use as a buffer to adjacent properties. Fences shall be decorative, durable and of a height set forth in the site plan approval.

(Ord. 647, 7-19-2005)

All front, corner side, and rear (that abuts a public street) yards shall be maintained as landscaped yards. Twenty percent (20%) of the total site excluding parking area shall be landscaped with landscaping plans approved by the planning commission.

A.

Parking area landscaping shall be ten percent (10%) of the parking surface with plans approved by the planning commission.

B.

All landscaped areas planted with live plant material shall include an appropriate automatic irrigation system. The owner, tenant and any agent shall be jointly and individually responsible for the maintenance of all landscaping in good condition and free from refuse and debris so as to present a healthy, neat and orderly appearance.

(Ord. 647, 7-19-2005)

Lighting shall be low intensity, shielded from uses on adjoining lots and directed away from adjacent property in a residential zone or an adjacent residential use. Lighting cannot impact residential uses. All parking luminaries except those required for security must be extinguished one hour after the end of business hours. The exception for security lighting applies to twenty-five percent (25%) of the total luminaries used. A higher percentage of security lighting may be approved at the discretion of the planning commission.

(Ord. 647, 7-19-2005)

The noise level emanating from any use or operation shall not exceed the state health department standards of the area measured at the property line.

(Ord. 647, 7-19-2005)

No use shall be permitted which creates an objectionable odor in such quantity as to be readily detectable beyond the boundaries of the site.

(Ord. 647, 7-19-2005)

Screening shall be approved by the planning commission to minimize noise and visibility from on site parking areas, adjacent public streets and adjacent residentially zoned property.

(Ord. 647, 7-19-2005)

Signage shall be approved by the planning commission.

(Ord. 647, 7-19-2005)

The number of access points along public streets shall be minimized by sharing and linking parking areas with adjacent properties. Reciprocal ingress and egress, circulation and parking agreements shall be required to facilitate the ease of vehicular movement between adjoining properties. On corner sites, access points shall be located as far from the corner as reasonably possible per discretion of the public works director from the point of intersection of the property lines. Vehicular circulation shall be designed to limit the intrusion of traffic into residential areas and minimize access on streets used by schoolchildren.

(Ord. 647, 7-19-2005; amd. Ord. 854, 5-6-2014)

Per the planning commission discretion, the development shall provide on site amenities and appropriate buffering to adjacent properties and uses. The scale of the development shall be in character with the surrounding land uses and the development shall have a residential character if adjacent to residential areas. Any properties currently abutting a residential street or residents shall create and maintain the residential nature.

(Ord. 647, 7-19-2005)

The purpose of the multiple-family residential overlay zone is to provide attractive, individually owned townhomes/condominiums with open space and common area amenities. The development should be designed as a single complex land use with flexible development guidelines and future control regulations by means of a development agreement.

(Ord. 797, 1-17-2012)

Dwelling units, not to exceed twelve (12) units per acre.

Support amenities associated to this type of dwelling units.

(Ord. 797, 1-17-2012)

Home occupation with approval of the homeowners' association and city.

(Ord. 797, 1-17-2012)

The final approved site and engineering plan shall depict the following as approved by the planning commission and council:

A.

A landscape architect's design of the landscaping for the entire site with a legend showing quantity, size and ratio percentage of all planting material, decorative nonliving material and decorative hardscape.

B.

The site plan shall be prepared and stamped by a Utah licensed engineer or architect.

C.

All building setbacks in relationship to roads and property lines and in conformance with city adopted building and fire codes.

D.

The elevation of all buildings.

E.

Building lot coverage percentage.

F.

Each dwelling unit shall be recorded with Weber County as an individual unit with its own property tax ID number.

G.

All exterior lighting with an accompanying photometric plan.

H.

Overlay flood hazard area on site plan (if applicable).

I.

Location, type of lighting, height and size of all signs.

J.

Common/recreational areas.

K.

Site screening, wall or fencing.

L.

Location of trash facilities and enclosures.

M.

Tenant and visitor parking.

N.

Covered/enclosed parking and storage areas.

O.

Engineering plan for water, sewer, stormwater design and detention, subsurface water design, access points from dedicated roads, soil and geotechnical study, traffic impact study and infrastructure utility study.

(Ord. 797, 1-17-2012)

A.

Each individual dwelling unit shall be provided with utility services independent from any other dwelling unit.

B.

All streets fronting the development shall be built to city standards and following completion dedicated to the city.

C.

Sewer main trunk lines and manholes shall be dedicated to and maintained by Riverdale City. All service lateral lines are owned and maintained by each individual property owner.

D.

All water meters, water main lines, service lines on the street side of the meters and fire hydrants will be owned and maintained by Riverdale City.

E.

No rear yard setback of any dwelling unit shall be closer than twenty feet (20') to the adjacent zone boundary or property outside of the development. All other building setbacks shall comply with the minimum requirements of the building code unless it is the determination of the planning commission that greater setbacks are necessary to provide for open space areas or for access or aesthetic reasons. All building setbacks shall be reviewed and approved by the planning commission.

F.

All common/recreational areas shall be owned and maintained by the homeowners' association.

G.

Visitor parking will be evaluated and requirements imposed by the planning commission.

(Ord. 797, 1-17-2012)

A.

Provide ability to financially carry out the proposed project within the time limit established.

B.

Provide an escrow for all the city improvements and no escrow will be released until the project is completed.

C.

An independent finance person or company shall be responsible for the association dues assessed by the association for maintenance and improvements to common areas.

(Ord. 797, 1-17-2012)

Riverdale City and the development petitioner shall enter into a development agreement that will outline specific details and requirements pertaining to building architecture, maintenance and appearance of the entire site, management of each facility, tenant standards, and reasonable conditions, covenants and restrictions that are necessary to the current and future viability of the development.

(Ord. 797, 1-17-2012)

Following the review, discussion and acceptance of the conceptual plan for the development of a new MFROZ the petitioner shall prepare a preliminary site plan. Following the approval of the preliminary site plan with planning commission conditions and possible amendments the petitioner and city will create the development agreement followed by the planning commission setting a public hearing allowing for comments regarding the final site plan, development agreement and the assignment of the MFROZ to the property. The planning commission shall then make a recommendation to the city council regarding the amendment to the zoning map to the proposed MFROZ, the final site plan and the development agreement. The council shall then accept or reject the amendment to the zoning map and accept, modify or reject the final site plan and development agreement.

(Ord. 797, 1-17-2012)

A building permit shall be secured and construction begun in accordance with the approved final development plan within eighteen (18) months from the effective date of the ordinance establishing this specific overlay area zone or of a time as determined by the city council.

In the event that construction is not started within the specified time limits, the planning commission shall proceed with proceedings to revoke and remove the overlay area from the zoning map. With the approval of the city council the property will revert back to the underlying zone designation.

(Ord. 797, 1-17-2012)

A.

Purpose and Intent: It is hereby found that an airport hazard endangers the lives and property of users of the nearby Ogden-Hinckley airport and of occupants of land or to property in its vicinity, and also that if in effect such hazard substantially reduces the size of the area available for the landing, taking off and maneuvering of aircraft, it tends to destroy or impair the utility of the nearby Ogden-Hinckley airport and the public investment therein and causes adverse effects on the safety of residents and the economic development of the region.

B.

Height Limiting Zones: In order to carry out the provisions of this title, there are hereby created and established certain height limiting zones, which include all the incorporated land lying within the non-precision and precision instrument approach zones, non-instrument approach zones, transitional surface zones, horizontal surface zones, and conical surface zones. Such zones are shown on the airport zoning map, on the Ogden-Hinckley airport layout plan (ALP), which is available through contact with the airport manager, on the Ogden-Hinckley airport website, and as an airport overlay zone on the Riverdale City zoning map.

C.

Objects that Affect Navigable Airspace: Federal aviation regulations, as found in the Code of Federal Regulation (CFR) Title 14, Chapter 1 (E.), part 77, outlines that "objects affecting navigable airspace" prescribe airspace standards which should be free from penetrations which represent obstructions to air navigation. These standards and their relationship to the physical features and terrain on and around Ogden-Hinckley airport must be considered prior to construction or alteration of any building or structure located within the airport's navigable airspace. Plan sheets that present the part 77 standards, existing obstructions, and limiting heights and elevations for future development adjacent to the airport and within the airport environs are part of the Ogden-Hinckley airport layout plan and are available in the airport manager's office.

D.

Federal Aviation Regulations 14 CFR Part 77 Surfaces: Airport imaginary surfaces (FAR part 77) are established relative to the airport and each runway. The size of each imaginary surface is based on the category of each runway with respect to the existing and proposed approaches for that runway. The slope and dimensions of each approach surface are determined by the most precise approach existing or proposed for that runway end. The part 77 imaginary surface definitions include:

1.

Primary Surface: A rectangular area, symmetrically located about the runway centerline and extending a distance of two hundred feet (200') beyond each runway threshold. Its elevation is the same as that of the runway.

2.

Horizontal Surface: An oval shaped, level area situated one hundred fifty feet (150') above the airport elevation. Its dimensions are governed by the runway service category.

3.

Conical Surface: A sloping area whose inner perimeter conforms to the shape of the horizontal surface. It extends outward for a distance of five thousand feet (5,000') measured horizontally, while sloping upward at a twenty to one (20:1) (horizontal:vertical) ratio.

4.

Transitional Surface: A sloping area which begins at the edge of the primary surface and slopes upward and outward at a ratio of seven to one (7:1) (horizontal:vertical) until it intersects the horizontal surface.

5.

Approach Surfaces: These surfaces begin at the ends of the primary surface two hundred feet (200') beyond the runway threshold) and slope upward and outward at a predetermined ratio while flaring outward horizontally. The width and elevation of the inner ends conform to that of the primary surface; while slope, length and width of the outer ends are governed by the runway service category and existing or proposed instrument approach procedure. The Ogden-Hinckley airport approach surfaces are as follows:

See Ogden airport runway map through Ogden City website (see pdf page 26):

https://www.ogdencity.gov/DocumentCenter/View/12538/OGD_AirportMasterPlan_Draft?bidId=

E.

Height Restrictions: Construction of buildings and other structures within the airport vicinity must not conflict with airport operations. Therefore, all proposed construction and development must be reviewed in accordance with FAR part 77 regulations to ascertain obstructions and/or potential penetrations. By this zoning ordinance, the city hereby notifies proposed builders/developers of the FAA notification requirement for construction (FAA form 7460-1) or alteration of manmade structures. This FAA notification requirement applies to any construction or alteration of:

1.

A structure (permanent or temporary) more than two hundred feet (200') in height above the ground level at its site; and/or

2.

A structure of greater height than an imaginary surface extending outward and upward at one hundred to one (100:1) slope for a horizontal distance of twenty thousand feet (20,000') from the nearest point of the nearest runway. Forms and additional information are available at the Ogden-Hinckley airport manager's office.

F.

Nonconforming Uses:

1.

Regulations Not Retroactive: The regulations prescribed by the ordinance codified as this chapter shall not be construed to require the removal, lowering or other changes or alterations of any structure or tree not conforming to the regulations as of the effective date hereof, or otherwise interfere with the continuation of any nonconforming use. Nothing herein contained shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date hereof and is diligently prosecuted.

2.

Marking and Lighting: Notwithstanding the provisions of subsection A of this section, the owner of any nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the airport manager to indicate to the operators of aircraft in the vicinity of the airport, the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the property owner involved.

G.

Permits:

1.

Future Uses: Except as specifically provided in subsections K.1.a. through K.1.c. of this section, no material change shall be made in the use of the land and no structures or tree shall be erected, altered, planted or otherwise established in any zone hereby created unless a permit thereof shall have been applied for and granted by the city. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted.

2.

Existing Uses: No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure or tree to be made or become higher, or become a greater hazard to air navigation, than it was on the effective date hereof, or any amendments thereto, or than it is when the application for a permit is made. Except as indicated, all applications for such permit shall be granted.

3.

Nonconforming Uses Abandoned or Destroyed: Whenever the building official determines that a nonconforming structure or tree has been abandoned or more than eighty percent (80%) torn down, physically deteriorated, or decayed, any existing permit shall be rescinded and the nonconforming structure or tree shall be removed by the owner.

4.

Appeals: Any person desiring to erect or increase the height of any structure or permit the growth of any tree or use his property not in accordance with the regulations prescribed in this title, may apply to the city appeal authority for consideration of the appeals request from such regulations. Such appeals shall be allowed where it is duly found that a literal application or enforcement of the regulation would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but will do substantial justice and be in accordance with the spirit of this title.

5.

Hazard Marking and Lighting: Any permit or appeals granted may, if such action is deemed advisable to effectuate the purpose of this title and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question at his own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of any airport hazard.

H.

Conflicting Regulations: Where there exists a conflict between any of the regulations or limitations prescribed in this title or any other regulations applicable to the same zone, whether the conflict be with respect to the height of structures or trees, the use of the land, or any other matter, the airport overlay zone requirements shall govern and prevail.

(Ord. 978, 2-20-2024)