The Bangerter Highway mixed use zone may be cited as the "BH-MU zone" and may be established along the east side of Bangerter Highway to provide areas for higher density, mixed use development. Such development will be compatible with a major arterial highway corridor and should discourage low density single-family residential development near the highway.

It is intended that a variety of retail, office, entertainment and residential uses be combined to create a self-contained environment for workers, shoppers, residents and visitors in a pedestrian oriented unified manner while accommodating automobile traffic to regional services dependent upon a major transportation facility.

The BH-MU zone will encourage orderly, aesthetically pleasing development and a balance of uses while discouraging strip commercial with its attendant congestion, pollution and visual blight. Buildings shall be designed to have architectural and access orientation to the street.

Each proposed BH-MU zone shall be contiguous to the Bangerter Highway right of way. Each proposed BH-MU zone shall be accompanied by a master development plan ("MDP") which specifies land use areas and residential densities including the total number of residential units. Retail, office, residential, mixed use, open space and public/quasi-public land use areas will be shown on the MDP. The MDP shall be adopted as an exhibit to the ordinance establishing the BH-MU zone in which it is proposed. The MDP shall be adopted by the city council after the establishment of the BH-MU zone by following standard rezoning procedures of chapter 17.22 of this title. The city council shall review and may approve necessary amendments to the MDP based upon appropriate changes to the land use mix and market conditions.

All uses proposed in the BH-MU zone may only be established in conformance with development review procedures of the city. Applicants shall follow the procedures and requirements of this code regarding development review in the preparation and review of development proposals in the BH-MU zone. All uses shall be conducted according to the approved plan or plat and any conditions of approval. Plans or plats may not be altered without prior approval of the city, except as allowed under state law. The following procedure shall be used for site plan review of projects in the BH-MU zone:

1. The developer shall prepare and submit a concept plan as described in section 16.24.030 of this code.
2. The developer shall prepare and submit a design book with the concept plan containing typical renderings of cross sections and plan views of the following:
   1. Existing and proposed public street curb, gutter, sidewalk, park strip, landscaping, streetlights and pavement.
   2. Yard areas between buildings and public streets, including trees, grass, shrubs, ground cover, signs and screen walls.
   3. Parking areas, walkways, driveways, landscaped areas and storm detention/retention areas.
   4. Architectural features, including materials and colors, of buildings, freestanding and wall mounted signs and light fixtures, trash enclosures, utility and loading area screen walls, pedestrian furniture and artwork.
   5. Other improvements as required by city staff.
3. The city staff shall review the concept plan and design book and provide comments to the developer who will make needed revisions to the documents. Upon final review and approval of city staff, the concept plan and design book for the development will be scheduled on the planning commission agenda for a public hearing. Amendments or changes to the approved design book may be approved by the planning commission subsequent to their review and a public hearing to hear comments regarding the proposed amendments or changes.
4. Upon approval of the concept plan and design book by the planning commission, site plans for all or portions of the BH-MU zone may be prepared according to section 16.24.040 of this code and submitted to city staff for review. City staff may approve, approve with conditions, or deny the site plans for the proposed development.
5. A decision of the city staff regarding site plans in the BH-MU zone may be appealed according to procedures set forth in section 16.04.370 of this code.

No minimum lot width is required in the BH-MU zone except as established with development approval. Each lot or parcel in BH-MU zones must front on or have legal access to a public street.

The following area requirements shall apply in the BH-MU zone:

1. Minimum Zone Area: The minimum area of a BH-MU zone shall be one hundred (100) acres.
2. Minimum Project Area: "Project" shall be defined as any development in BH-MU zones for which preliminary plat or site plan approval has been proposed or granted. The minimum area of any project in BH-MU zones shall be one-fourth (1/4) acre.
3. Minimum Lot Area: There shall be no minimum lot area in BH-MU zones, except as established with development approval.

Nonconforming lots or parcels of land which legally existed or were created by a preliminary or final plat approval prior to the establishment of a BH-MU zone shall be brought into conformance with the requirements of this chapter prior to new development.

Yard requirements in the BH-MU zone shall be determined with site plan, subdivision and/or condominium review by the planning commission. Nonsingle-family residential buildings shall be separated from single-family residential lot lines by a minimum distance of thirty feet (30'), of which ten feet (10') adjacent to the property line shall be landscaped.

The following may be erected on or projected into any required yard space in BH-MU zones:

1. Fences and walls in conformance with city codes and ordinances.
2. Landscape elements, including trees, shrubs and other plants.
3. Utility or irrigation equipment or facilities.
4. Single-family detached residential decks not more than two feet (2') in height.
5. Single-family detached residential cornices, eaves, sills, planter boxes, stairways, landings, porches, decks or similar architectural features attached to the building extending not more than two feet (2') into a side yard or four feet (4') into a front or rear yard.
6. Single-family detached residential chimneys, fireplace keys, box or bay windows or cantilevered walls attached to the building not exceeding eight feet (8') wide and extending not more than two feet (2') into a side yard or four feet (4') into a front or rear yard.

Parking areas and access in BH-MU zones shall meet requirements of title 16, chapter 16.26 of this code. In order to enhance pedestrian access and walkability, site design should focus on orienting buildings to streets and driveways with parking placed to the rear or side of structures.

A reduction in required parking may be granted by the Planning Commission upon recommendation by the Planning Director and City Engineer, when justification for such can be made. Shared parking and mixed use site plan design shall be considered in determining parking reduction. Strategies for walkable commercial development as suggested by "Envision Utah's Urban Planning for Quality Growth" shall be implemented where appropriate.

The following fencing, screening and clear vision requirements shall apply in BH-MU Zones:

1. All mechanical equipment, antennas (where possible), loading areas, and utility areas shall be screened from view at ground level along the property line of the subject property with architectural features or walls consistent with materials used in the associated buildings. Exterior trash receptacles shall be enclosed by masonry walls that are at least as tall as the receptacle itself, but not less than six feet (6') tall, and solid steel access doors. The color of trash receptacle enclosures (masonry walls and access doors) shall be consistent with colors used in the associated buildings.
2. The boundary of a BH-MU Zone which is not in or adjacent to a street and which is adjacent to a Single-Family Residential or Agricultural Zone shall be fenced with a six foot (6'), decorative precast concrete panel or masonry fence as determined with development approval. Six foot (6') solid vinyl boundary fencing may be allowed in unusual circumstances such as adjacent to property which is master planned for nonresidential uses. A higher fence may be required or allowed by the City in unusual circumstances. A building permit is required for fences and walls over six feet (6') high. Other fencing or landscaping techniques may be used to buffer waterways, trails, parks, open spaces or other uses as determined with development approval.
3. No wall, fence or screening material shall be erected between a street and a front or street side building line in BH-MU Zones, except for single-family residential developments, and as required in subsection A of this section.
4. Landscape materials within a Clear Vision Area shall comply with Section 16.04.200 (J).

The following architectural standards are required in BH-MU Zones:

1. Architectural drawings and elevations, exterior materials and colors of all buildings shall be submitted in conjunction with development review. An architectural theme governing the project shall be submitted for review.
2. All building materials shall be high quality, durable and low maintenance.
3. Building materials for structures, including garages, shall use brick, stone, or cement fiber products (i.e., hardie board) in combinations that create aesthetically pleasing architecture. Stucco products, if used, shall clearly be used in minimal amounts and as a contrast or accent to other building materials, i.e., gables. Both vertical and horizontal elements should be used, as appropriate, to enrich and give a variety to the architectural theme. Individual buildings shall have enough architectural variation to appear as separately recognizable structures.
4. Except for flat or shed style roofed structures approved by the Planning Commission through design book review, a minimum six to twelve (6:12) roof pitch shall be required and a minimum two car garage (minimum 20 feet by 20 feet, or the square footage equivalent) for tandem parking approved by the Planning Commission in conjunction with a site plan, subdivision plat or condominium map for the development.
5. Exterior walls of buildings, in excess of sixty feet (60') in length, shall have relief features at least four inches (4") deep at planned intervals. All sides of buildings shall receive design consideration.
6. Signs shall meet requirements of title 16, chapter 16.36 of this Code and shall be constructed of materials which complement the buildings which they identify.
7. Maximum building height in BH-MU Zones shall be four (4) stories, unless otherwise approved by the City Council, except that the maximum height shall be two (2) stories within four hundred feet (400') of any single-family residential zone.
8. The exteriors of buildings in the BH-MU zone shall be properly maintained by the owners.
9. Architectural design and site layout shall be compliant with the basic principles of CPTED (crime prevention through environmental design), i.e., natural surveillance, natural access control, territoriality, and maintenance.

The following landscaping requirements and standards shall apply in the BH-MU zone. Landscaping in the BH-MU Zone is also subject to the requirements of Title 16, Chapter 16.30, “Water Efficiency Standards,” of this Code.

1. The front, side and rear yards of lots in BH-MU zones shall be landscaped and properly maintained with grass, trees and other plant and/or permeable landscape material.
2. All areas of lots in BH-MU zones not approved for parking, buildings or other hard surfacing shall be landscaped and properly maintained with ground covers that may include turf, deciduous and evergreen trees and other plant and/or permeable landscape material (including properly designed xeriscape), approved in conjunction with a site plan, plat or record of survey map for the development. Drought resistant plant materials are encouraged.
3. A minimum of one tree per five hundred (500) square feet, or part thereof, of required landscaped yard areas is required in BH-MU zones in addition to other trees required in this section. A minimum of thirty percent (30%) of required yard area trees shall be minimum seven foot (7') evergreens. Deciduous trees shall be minimum two inch (2") caliper. Deciduous and evergreen trees required in this section shall be dispersed throughout the required yard areas on the site.
4. Park strips (planting area between streets/driveways and sidewalks) are required in BH-MU zones and shall be improved with street trees with appropriate ground covers and maintained by the adjoining owners according to specifications adopted by the city unless otherwise allowed with development approval. Park strips shall be of sufficient width to accommodate the root zone of the approved street tree species, i.e., at least five feet (5') for ornamental trees. Park strip trees shall not be planted within thirty feet (30') of stop sign.
5. Trees may not be topped nor may any landscape material be removed in BH-MU zones without city approval. Any dead plant material shall be replaced in accordance with the requirements of this chapter and the conditions of site plan, plat or map approval.
6. The following landscaping requirements shall apply in parking areas in BH-MU zones:
   1. Curbed planters with two inch (2") or larger caliper shade trees and other approved plant/landscape materials shall be installed at the ends of parking rows. Planters shall be at least five feet (5') wide.
   2. Shade trees shall be planted between double parking rows at minimum intervals of six (6) stalls and along single parking rows at minimum intervals of three (3) stalls and no farther than six feet (6') from the parking area. Shade trees are not required in parking rows which are adjacent to buildings only if parking is adjacent to a covered sidewalk.
   3. All landscaped areas adjacent to parking areas shall be curbed.
7. A minimum twenty foot (20') wide landscaped planting area shall be required along the Bangerter Highway right of way on lots and parcels in the BH-MU zone which adjoin the highway right of way. This area may be counted toward any minimum yard area that would otherwise be required adjacent to the highway right of way. These areas shall be planted with trees and other plant/landscape materials approved with the development.
8. Developments which are contiguous to canals, streams or drainage areas shall make reasonable efforts to include banks and rights of way in the landscaping of the project and the urban trails system. Any areas so included and perpetually preserved may be counted toward required yard space for the development. If approved by the city engineer, waterways which traverse developments may be left open if properly landscaped and maintained by the adjacent owners. Waterways may not be altered without written approval of any entity or agency having jurisdiction over said waterways.
9. All required landscaping in BH-MU zones shall be installed (or escrowed due to season) prior to occupancy.
10. All landscaped areas, including adjoining public right of way areas, shall be properly irrigated and maintained by the owners.

The following lighting requirements shall apply in BH-MU zones:

1. A lighting plan shall be submitted with all new developments in BH-MU zones. Site lighting shall not exceed forty feet (40') in height. Site and street lighting shall not exceed twenty feet (20') in height within three hundred feet (300') of any single-family residential zone or in public park strips.
2. Lighting for commercial uses which is within three hundred feet (300') of residential lots shall be shielded to prevent glare on said residential lots.
3. All lighting fixtures shall evoke a "village" feel to the development and be architectural grade consistent with the architectural theme of the project. Lighting fixture detail will be submitted for approval with the development.

The following provisions shall apply in BH-MU zones:

1. Private Covenants: Developers of projects that will include common area, private streets, shared private improvements, or shall otherwise include restrictive covenants shall submit a proposed declaration of conditions, covenants and restrictions ("CC&Rs") to city staff for review. The CC&Rs shall be recorded concurrently with the final plat and, except where the city has agreed to and executed documents to guarantee the establishment of a special assessment area, shall include the following:
   1. An opinion of legal counsel licensed to practice law in the state that the project meets requirements of state law.
   2. Provisions for a homeowners' association, maintenance of all buildings, streets, sidewalks, other improvements and common areas, adherence to city conditions and standards applicable to the development at the time of approval, snow removal, and other items recommended by city staff and approved by the planning commission.
   3. Language consistent with section 17.04.300 of this title.
2. Grading And Drainage: All developments in BH-MU zones shall be graded according to the city engineering and building requirements to provide adequate drainage on and off the property. Buildings shall be equipped with facilities for the discharge of all roof drainage onto the subject lot or parcel.
3. Easements: Buildings may not be located within public easements without written approval from the affected parties.
4. Maintenance: All developments shall be properly maintained by the owners.
5. Phasing Plan: A project phasing plan shall be submitted for review at the time of preliminary plat or site plan approval. Development shall be in accordance with the phasing plan unless a revised phasing plan is approved by the city.