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South Ogden City Zoning Code

CHAPTER 13

MULTIPLE RESIDENTIAL BUILDINGS ON A SINGLE LOT

10-13-1: Purpose And Intent

Multiple dwellings on a single lot shall be considered as one building for the purpose of front, side and rear yard requirements, the entire group as a unit requiring one front, one rear and two (2) side yards as specified for dwelling structures. The minimum distance between structures shall be ten feet (10') for single-story buildings, fifteen feet (15') for two (2) story buildings and twenty feet (20') for three (3) or more story buildings. (Ord. 15-28, 12-1-2015, eff. 12-1-2015; amd. Ord. 17-23, 11-21-2017, eff. 11-21-2017)

10-13-2: Types Of Multiple Buildings On A Single Lot

There are two (2) types of multiple buildings on a single lot: a) a small lot project with multiple buildings on a single lot and b) a neighborhood project with multiple buildings on a single lot. Because of the different character and impact of these two (2) types of developments, some development standards may be different. The types of multiple buildings on a single lot are distinguished by their size:

  1. Small Lot Group: Small lot group dwelling is development on a small parcel of land which is equal to or less than one acre in total area; and
  2. Neighborhood Group: Neighborhood group dwelling is a development on property which is between one acre and the maximum acreage listed in subsection 10-13-1C of this chapter. (Ord. 15-28, 12-1-2015, eff. 12-1-2015)

10-13-3: Minimum Design Standards

  1. Building Setbacks:
    1. Any building which is adjacent to a public street shall meet the minimum front yard setback required for the respective zone. If the building is on a corner, then the shortest side facing a street or either side of a square building shall meet the corner side yard setback of the respective zone. Only the building closest to the corner shall meet the corner side yard setback. Other buildings adjacent to the public street shall be required to meet the front yard setback of the respective zone. The minimum setbacks for all buildings from the interior property lines shall be based on the orientation and the comparative length of the sides of the buildings.
    2. If any main building is adjacent to any residential zoned property and is over two (2) stories in height, it shall be set back an additional ten feet (10') from the interior property lines for every additional story the building is over two (2) stories as allowed in the applicable zone.
  2. Distance Between Buildings: The minimum distance between buildings shall be ten feet (10') for single-story buildings, fifteen feet (15') for two-story buildings, and twenty feet (20') for three-story buildings. Buildings which are over three (3) stories shall have a separation of twenty feet (20'), plus ten feet (10') for every story over three (3) stories. If a lower building is next to a taller building, then the larger separation distance will apply.
  3. Building Orientation:
    1. Requirement: Those buildings which are adjacent to a public street shall have the front elevation of the building face the public street in order to retain the front yard appearance of the community. If the building is on a corner which abuts two (2) streets, only one front elevation is required for the building.
    2. Exception: The planning commission may consider other orientations of the building if there is not an existing neighborhood which fronts the street or if other conditions exist which restrict such development and the planning commission determines that the surrounding neighborhood identity, front yard appearances and streetscape continuity will not be impacted by such a design. If it is determined that the front elevation should not face the street, an additional ten foot (10') setback shall be added to the front yard setback. This ten foot (10') area shall be landscaped with trees and plants in order to provide a transition from the public street to the private development. Any fencing which is installed shall not be placed in this ten foot (10') area.
  4. Site Layout: The materials and height of the building are to be sensitive to the existing topography and vegetation that exist on site. The buildings shall be built into the existing topography so that no major cuts occur (i.e., if for example the site slopes the building should be stepped into the hill). The existing vegetation shall be identified and shown how it will be preserved on site. In the event that areas of vegetation are proposed to be removed, removal shall occur only upon approval by the planning commission based upon a site analysis and revegetation plan that is sensitive to the existing topography and vegetation.
  5. Building Height: The height of the main buildings shall be limited to the maximum height allowed in the respective zone of the project. Accessory buildings shall be one story with a maximum height of fifteen feet (15').
  6. Parking Requirements:
    1. Two (2) parking stalls per dwelling shall be required for each unit in the development in all and access shall be hard surfaced. Detached unit parking shall be located within a one hundred foot (100') radius measured from any entrance to the dwelling unit.
    2. Parking adjacent to any public street and any access parallel to the street shall be set back the required front yard setback for the respective zone of the development. Parking stalls and access lanes shall be set back a minimum of eight feet (8') from any property line which is not adjacent to a street. The eight foot (8') setback area shall be landscaped. The planning commission may reduce the eight foot (8') setback for access lanes if it is determined that the accessway is adequately screened, the proximity and amount of traffic will not adversely impact existing neighboring uses, and there is adequate landscaping to soften the appearance of the access area.
    3. Landscaped islands shall be required at the end of each row of stalls if the row exceeds ten (10) parking stalls in length. A row of parking that has over twenty (20) parking stalls shall have one additional landscaped island for every twenty (20) stalls in the row. Required parking areas shall install landscaped islands with raised curbs. Islands shall not be placed over hard surface. The landscaped island shall be a minimum width of nine feet (9') and a minimum length of eighteen feet (18').
  7. Open Green Space And Landscaping:
    1. Required Yard Setbacks: All required yard setbacks shall be landscaped.
    2. Parkways: All parkways within the public right of way which abut the development shall be landscaped with grass, or other material approved by the planning commission, and two inch (2") caliper shade trees spaced no farther than forty feet (40') apart. Street trees are required along interior roads whether public or private at a maximum spacing distance of thirty five feet (35') apart.
    3. Incorporation Of Natural Features: Developments shall be designed to incorporate existing trees, clusters of trees or clusters of shrubs and natural settings along rivers, streams or canals. The planning commission shall review the appropriateness of removal of portions of these types of vegetation if removal is planned. The planning commission may approve removal of some or all vegetation based on a determination of the benefits of the existing plant material and the efforts made to save and incorporate the existing plant material into the design of the project versus the problems the plant materials may create for the project in terms of general construction techniques, impact removal will have to the character of the area, the topography of the site, and harmful conditions the vegetation may create. If existing vegetation is removed prior to submittal or not in keeping with the approved plan, the maximum density allowed for the development shall be the area requirement for single-family units in the zone of the project.
    4. Minimum Plantings Required: A minimum of one 2-inch caliper tree and five (5) 5-gallon shrubs shall be planted on the property for each unit in the development of a small lot project with multiple buildings on a single lot. Neighborhood multiple buildings on a single lot require a minimum of two (2) 2-inch caliper trees and five (5) 5-gallon shrubs (at least 1 shrub a flowering shrub) to be planted on the property for each unit in the development.
    5. Minimum Landscaped Area Abutting Parking Or Access Lanes: A minimum six foot (6') landscaped area excluding sidewalk is provided between the unit and any parking or access lanes.
    6. Screened Enclosures: All dumpsters shall be stored in screened enclosures which are architecturally compatible in style and materials with the architecture of the development. Dumpsters shall be located so they are not in the required setback areas, not visible from the public street and do not restrict vehicular parking or circulation.
    7. Stormwater Detention Facilities: Stormwater detention facilities are designed and used for multiple functions. The design of the facility shall blend in with the overall theme of the open space. Factors which will be used in determining compliance may include, but not be limited to, freeform design, grading and landscaping to provide gradual transitions, or artistic design elements.
    8. Small Lot Group Special Landscaping Requirements: Rear and abutting dwelling units within small lot multiple buildings on a single lot shall be separated by a minimum thirty foot (30') landscaped area.
    9. Neighborhood Group Special Landscaping Requirements: All neighborhood multiple buildings on a single lot shall include open space designed as either visual passive open space, courtyard open space, active area open space or natural features open space as provided herein. Such open space shall be a minimum of thirty percent (30%) of the total lot area. The required yard setbacks from property lines shall not be included in meeting the thirty percent (30%) open space minimum.
  8. Street Design: Multiple buildings on a single lot shall be designed to meet area transportation plans. Developments which are located on or next to a collector or arterial public street shall be designed and developed so the public street continues through the project in a logical, safe design. Projects which are located at the end of stubbed local streets or in areas where local streets may be of benefit to the development of the general area may be required to design and install a local public street through the development. The planning commission shall review the future and existing circulation needs of the area, existing road patterns, and emergency access needs in determining if a local public street should be required or extended. Interior private streets shall meet all requirements according to the public works standards. (Ord. 15-28, 12-1-2015, eff. 12-1-2015)

10-13-4: Submission And Approval Process

  1. General Review Process:
    1. Two Step Process: The group dwelling process consists of a two (2) step review process. The first step is submission and review of a preliminary plan. The purpose of this review is to determine general compliance with the regulations of this chapter and the appropriateness of the development. The second step is submission and review of a final plan. The purpose of the final review is to ensure all conditions and details needed to build the project are met.
  2. Preliminary Plan Permit Submission: A complete application for a permit shall be submitted to the planning office for review and comment. Once the plan has been reviewed and found meeting the minimum site plan requirements for submittal, it shall be scheduled for the next appropriate planning commission meeting for review of the project to consider whether or not the request should be approved. The minimum site plan requirements for the submittal shall include the following accurate information:
    1. The property boundary location, direction and length;
    2. Contour lines at no greater than one foot (1') intervals if there is more than a ten foot (10') grade difference on any portion of the site;
    3. Existing vegetation, buildings, canals, ditches, streams, easements, utility poles, or other existing features whether manmade or natural;
    4. Any adjacent buildings, parking lots, streets, sidewalks and curbs within thirty feet (30') of the property boundary;
    5. The proposed location of buildings, parking, carports, driveways, sidewalks and fences. These shall be dimensioned. The distance of these items from property lines and from each other shall also be dimensioned;
    6. A general landscaping plan which shows areas to be landscaped, general types of landscaping to be used (i.e., trees, shrubs and grass), areas to be preserved in their existing conditions, and any open space amenities;
    7. A table which indicates total acreage of the development, total hard surface, building coverage and landscape area square footage;
    8. Preliminary building elevations of all four (4) sides and the types of materials proposed to be used on the building;
    9. Preliminary utility plan showing the manner in which water, sewer and storm sewer services will be provided; and
    10. If located in an environmentally sensitive area, all necessary reports or information required for compliance with the sensitive area.
  3. Preliminary Plan Permit Review And Consideration: The planning commission, subject to the requirements of this chapter, may approve, approve with conditions or deny the preliminary plan permit for a group dwelling. In reviewing a preliminary plan permit, the planning commission shall consider if the group dwelling:
    1. Meets the minimum lot area and design standard requirements of this chapter;
    2. Provides an adequate interior traffic circulation system which does not adversely impact neighboring properties. In considering impacts to the neighbors, such things as car lights, visibility of parking areas, screening, access location and distance of parking areas from neighboring buildings shall be considered;
    3. Interrupts or restricts future local or community traffic patterns;
    4. Site design is compatible with the topography and other existing features of the site;
    5. Architecture is compatible with the character of the neighborhood. In determining compatibility, the planning commission shall consider types of building materials, color, architectural relief to the face of the building, roof style and height of the building;
    6. Site design and building design does not adversely impact neighboring properties. Such things as building location and orientation, landscaping, screening, privacy and other specific site issues shall be considered in determining if the neighborhood is adversely impacted beyond permitted development possibilities;
    7. Open space development meets the needs of the residents of the development by providing private outdoor areas, common play areas and areas of interest;
    8. Meets the design requirements of this chapter for increased density.
  4. Final Development Plan Submission: Once preliminary plan approval has been given, a final development plan shall be submitted for review and approval. The final plan shall meet all the conditions established when the preliminary plan was approved. A small lot group dwelling may submit for a permit/final approval without going through the preliminary plan, provided the submitted plan has all information needed as required for submittal for both approval processes. Only upon approval of the final development plan shall the use become effective. The final development plan shall include the following accurate information:
    1. The property boundary with bearings and length of each property line;
    2. Final site grading plan at no more than two foot (2') contour intervals showing all walls, cuts and fills proposed;
    3. A detailed site plan showing the precise location and size of all buildings and structures, parking areas, access lanes, canals, ditches, streams, easements, utility poles, sidewalks, and public street, curb, gutter and sidewalk;
    4. A final landscape plan showing the location, types and sizes of all plant material;
    5. Final building elevations of all four (4) sides and the types of materials proposed to be used on the building;
    6. Detailed engineering plan including site drainage, street improvements, and utility plans (showing location, sizes and slopes of lines); and
    7. All conditions established with the preliminary plan permit approval.
  5. Final Development Plan Permit Approval: The planning commission may approve, deny or approve with conditions the final development plan permit for the group dwelling. The planning commission review of the final development plan permit approval shall consider the following:
    1. Whether or not the issues addressed as conditions for preliminary plan permit have been adequately addressed.
    2. Any changes from the preliminary plan permit which are now being proposed by the developer.
    3. Compliance with all applicable requirements of this chapter and the development code. (Ord. 15-28, 12-1-2015, eff. 12-1-2015)

10-13-5: Time Limitations

A final development plan permit shall be submitted for approval within twelve (12) months of the preliminary plan permit approval. Failure to submit a final development plan permit within the year time period shall result in a revocation of the preliminary approval permit and the permit and approval shall be null and void. Once a final development plan permit has been approved, the applicant has six (6) months to obtain a building permit and begin construction. Failure to obtain a building permit within the six (6) month time period shall result in a revocation of the approval of the project and all approvals shall be null and void. (Ord. 15-28, 12-1-2015, eff. 12-1-2015)

10-13-6: Financial Guarantee; Installment Of Improvements

  1. Prior to issuance of any building permit on the property approved for a group dwelling, a financial guarantee shall be required. The guarantee shall be sufficient to cover the cost of all infrastructure, right of way improvements and landscaping shown on the final approved plan. Unless otherwise approved pursuant to subsection B of this section, landscaping and site improvements shall be installed prior to occupancy of any structure within the group dwelling unless inclement winter weather prevents their completion. In no case shall time for completion be extended beyond June 1 immediately following the completion date. If the development is to occur in phases, then the landscaping and other improvements which make the phase functional shall be installed prior to occupancy.
  2. In a neighborhood group dwelling, the city manager may approve occupancy of one or more of the buildings without completion of all improvements, if all of the following required improvements have been installed and determined to be in compliance with the approved plan and an adequate financial guarantee is in place to ensure completion of the remaining improvements:
    1. All private roads and utilities within the project with multiple buildings on a single lot;
    2. All landscaping within the common open space to be established for the entirety of the project with multiple buildings on a single lot and along the private roads;
    3. Entryway signage and associated landscaping;
    4. All accessways and parking associated with the building to be occupied; and
    5. All landscaping around and associated with the building to be occupied. (Ord. 15-28, 12-1-2015, eff. 12-1-2015)

10-13-7: Failure To Comply; Certificate Of Occupancy

In case of failure or neglect to comply with any and all of the provisions of this chapter and the conditions and stipulations herein established and as specifically made applicable to a multiple buildings on a single lot project, the building official shall not authorize occupancy of any structure. Such failure or neglect shall be cause for termination of the approval of the project. Such failure or neglect to comply with the requirements and to maintain the buildings and premises in accordance with the conditions or approval thereafter shall also be deemed to be a violation of this chapter. (Ord. 15-28, 12-1-2015, eff. 12-1-2015)

10-13-8: Revocation Of Permit

The permit may be revoked if any of the conditions or terms are violated; however, the holder of the permit shall first be afforded an opportunity to be heard before the planning commission and show cause as to why the permit should not be revoked. A violation of a condition or term of a permit shall constitute a violation of this code, and the revocation of a permit shall not prohibit prosecution or any other legal action taken on account of the violation. The decision of the planning commission to revoke the permit may be appealed to the mayor, in writing, within fifteen (15) days of the planning commission's decision. (Ord. 15-28, 12-1-2015, eff. 12-1-2015)

10-13-9: Violations

Violations of any plan approved under this chapter or failure to comply with any requirements of this chapter, including any agreements and conditions attached to any approved plan or permit, shall be considered a violation of this title. (Ord. 15-28, 12-1-2015, eff. 12-1-2015)