In residential zone R-1, no building or land shall be used and no building shall be erected which is arranged, intended or designed to be used for other than one or more of the following uses:

   Accessory uses and buildings customarily incidental to those listed below.

   Churches, except temporary revival tents or buildings.

   Greenhouse, noncommercial only.

   Home occupation.

   Household pets. (See section 10-5A-6 of this article for regulations on household pets.)

   Libraries, museums, art galleries.

   Limited agricultural uses.

   Public parks, public recreational grounds and buildings; public buildings, public utilities.

   Public schools; private educational institutions having a curriculum similar to that ordinarily given in public schools; child daycare or nursery.

   Signboard, one unlighted, not exceeding eight (8) square feet in area, appertaining to the lease or sale of the property, also a bulletin board not exceeding eighteen (18) square feet in area erected upon the premises of a church or other institution for the purpose of displaying the name and activities of services therein; provided, that such signboard must be set within ten feet (10') of the building lines; one identification sign not exceeding twelve (12) square feet in area for buildings other than dwellings.

   Single-family dwellings.

   Temporary buildings for uses incidental to construction work, which buildings must be removed upon the completion or abandonment of the construction. (Ord., 10-17-1988)

The following uses shall be permitted only when authorized by a conditional use permit, as provided in chapter 6 of this title:

Private park, playground or recreation area, but not including privately owned commercial amusement business. (Ord. 16-18-78, 6-22-1978)

   A.   Minimum Lot Area: The minimum lot area shall be not less than eight thousand (8,000) square feet for any main building.

   B.   Building And Dwelling Height: No building shall be erected to a height greater than two (2) stories or twenty eight feet (28'), except as otherwise provided herein, and no dwelling structure shall be erected to a height less than eight feet six inches (8'6").

   C.   Minimum Width: The minimum width of any lot for a main building shall be seventy five feet (75') at a distance of thirty feet (30') back from the front lot line. (Ord., 10-17-1988)

   A.   Side Yards: The minimum side yard for any dwelling shall be eight feet (8'), and the total width of the two (2) required side yards shall be not less than eighteen feet (18'). Other main buildings shall have a minimum side yard of twenty feet (20'), and the total width of the two (2) side yards shall be not less than forty feet (40'). Except as provided in the definition of private garages, accessory buildings shall have a side yard of not less than one foot (1') measured from the eave, and shall be located not closer than twenty five feet (25') to a dwelling on adjacent property. On corner lots, the side yard which faces on a street shall be not less than twenty feet (20') for both main and accessory buildings.

   B.   Front Yard: The minimum setback for main buildings shall be thirty feet (30'), or the average of the existing buildings where fifty percent (50%) of the frontage is developed, but in no case less than fifteen feet (15'). The minimum setback line for accessory buildings shall be at least ten feet (10') in the rear of the main buildings.

   C.   Rear Yard: The minimum rear yard for any main building shall be thirty feet (30') and for accessory buildings one foot (1') measured from the eave, and shall be located not closer than ten feet (10') from a dwelling on adjacent property; provided, that on corner lots which rear upon the side yard of another lot, accessory buildings shall be located not closer than twenty feet (20') to such side yard. Accessory buildings must provide facilities for the discharge of all roof drainage onto the subject lot or parcel of land.

   D.   Corner Lots: All corner lots shall have a minimum frontage of eighty feet (80'). (Ord. 2003-04, 3-18-2003)

A conditional nonconforming use permit shall not be granted to change single-family dwellings into multiple-family dwellings for rental use by constructing or dividing the dwelling into apartments and/or separate living units. Those being rented or were constructed for rental use as of September 16, 1988, may be granted a nonconforming use permit upon compliance with the following conditions:

   A.   Number Of Families Or Persons: Not more than one family lives in the apartment or that the number of single (unmarried) individuals living in the apartment does not exceed the number recommended by the uniform building code.

   B.   Legal Nonconforming Rights: Any legal nonconforming apartment that is unoccupied for one year will become ineligible to rent.

   C.   Separate Utility Fees: Separate garbage, water and sewer fees are to be paid per rental or living unit.

   D.   Compliance With Building Codes 1 : Building codes will be complied with.

   E.   Adequate Facilities: The heating and hot water facilities will be adequate to meet the demands for all apartments or living units within the dwelling.

   F.   Smoke Detectors; Fire Extinguishers: All rental or living areas will have operable smoke detectors and fire extinguishers.

   G.   Off Street Parking: Adequate hard surfaced off street parking shall be provided for automobiles or other vehicles. No vehicles shall be parked on the lawn.

   H.   Number Of Allowed Pets: The number of pets for all apartment or living areas does not exceed the number allowed for a single-family dwelling.

   I.   Failure To Comply: Failure to comply with the above conditions and regulations will result in the denial of permission to rent the apartment or living area and loss of nonconforming conditional use status.

   J.   Exception To Provisions: This amendment does not apply to those residents who provide living quarters for immediate members of the family. (Ord. 2001-08, 10-2-2001)

The city of Sunset hereby adopts by reference, the Davis County comprehensive animal control ordinance, as amended, with the following exceptions:

   A.   In addition to the number of dogs and cats allowed in the Davis County comprehensive animal control ordinance, one seeing eye, search and rescue or other aid dog may be allowed under the following circumstances:

      1.   A conditional use permit is issued by the planning commission. In addition to the typical items considered by the planning commission for a conditional use, the following shall also be reviewed:

         a.   The location and size of any outdoor pens, runs or enclosures;

         b.   The owner's demonstrated ability to keep the additional animal in a clean and healthy environment, and in a manner that is not contrary to the general health and welfare of the citizenry;

         c.   The animals will be kept in accordance to all Davis County health and Davis County animal control requirements; and

         d.   The premises shall be subject to inspection annually by the community development department.

      2.   The aid dog is certified to serve in the capacity intended by the independent and qualified agency. Aid dogs that are in the process of being trained shall have not more than six (6) months to become certified unless a longer period is granted by the planning commission. The certification of the aid dog is subject to inspection annually by the community development department. Failure to obtain the certification in the prescribed time period, and maintenance of it thereafter, shall result in the revocation of the conditional use permit.

   B.   A dwelling may have a total of six (6) animals (not including animals listed in subsection A of this section) or fowl customarily kept within the home including, but not limited to, hamsters, guinea pigs, parakeets, canaries, etc. Said animals shall be for family use only and not raised for commercial purposes. (Ord. 2012-01, 4-17-2012)

   A.   The keeping and maintenance of residential chickens is allowed within the City only as provided in this title.

   B.   Any chicken kept as provided by this title shall not be deemed a household pet.

   C.   A City license is required for the keeping of chickens allowed by this title.

      1.   A license shall be a one-time application and shall be signed by the property owner.

      2.   A license does not run with the land.

      3.   There shall be an annual license fee of fifteen dollars ($15.00).

      4.   Application for, and acceptance of a license is prima facie evidence that a person agrees to abide by all the conditions and regulations of this title.

      5.   A license may be revoked for any violation of this title.

      6.   Applicant shall submit a site plan to the Sunset City Offices.

   D.   It shall be unlawful for any person to keep any chicken in a manner contrary to the provisions of this title.

   E.   A chicken shall be kept strictly for familial gain from the production and consumption of eggs, and there shall be no sale or income resulting from the keeping of a chicken.

   F.   Up to six (6) hens may be kept on a residential lot in accordance with the following:

      1.   A chicken shall only be kept on a property containing a single-family detached dwelling unit.

      2.   A chicken shall be kept in a coop or enclosed area at all times.

      3.   No chicken shall be permitted to roam outside a coop or enclosed area.

      4.   A coop shall be covered, ventilated, and rodent and predator resistant.

      5.   A coop shall not be constructed of scrap or dilapidated materials.

      6.   The coop shall be built with a finished, all weather exterior material.

      7.   It is unlawful to keep a rooster or crowing hen.

      8.   No lot smaller than eight thousand (8,000) square feet shall be used for the keeping of chickens.

      9.   Any coop or enclosure shall be located in the rear yard of the main dwelling.

      10.   Any coop or enclosure shall be located at least forty feet (40') from any primary residential dwelling on an adjoining property, and at least five feet (5') from any property line.

      11.   No coop shall be taller than seven feet (7'), at its highest point.

      12.   Any time a heating device is employed in a pen or coop, such pen or coop must be separated at least ten feet (10') from any dwelling structure.

      13.   Any coop and any roaming area shall be maintained in a neat and sanitary condition and shall be cleaned as necessary to prevent a detectable odor at the property line.

      14.   Chicken feed shall be stored and dispensed in a rodent-proof and predator-proof container.

      15.   No growth or vegetation other than sod grass is permitted within five feet (5') of any coop.

      16.   The area within five feet (5') of the perimeter of any coop shall be unobstructed, except that the rear of a coop may be attached to another structure.

      17.   A chicken may not be kept, and a coop may not be constructed, on any property that is in violation of a City ordinance or where the owner or resident is being prosecuted for a violation.

      18.   No coop, pen, cage, or similar structure shall exceed one hundred fifty (150) square feet (includes coop space and chicken run).

   G.   Any chicken that is outside of an approved coop or enclosed area may be confiscated by any agent of the City. (Ord. 2022-02, 5-17-2022)

In residential zone R-3, no building or land shall be used and no building shall be erected which is arranged, intended or designed to be used for other than one or more of the following uses:

   Any use permitted in residential zone R-1. (Zoning Ord.; amd. Ord. 16-18-78, 6-22-1978; 1997 Code)

The following uses shall be permitted only when authorized by a conditional use permit as provided in chapter 6 of this title:

   Multiple-family dwellings.

   Private park, playground or recreation area, but not including privately owned commercial amusement business.

   Two-, three- and four-family dwellings. (Ord. 16-18-78, 6-22-1978; amd. 1997 Code)

   A.   Minimum Lot Area: The minimum lot area shall be not less than eight thousand (8,000) square feet for the first unit and one thousand five hundred (1,500) square feet for each additional unit.

   B.   Building And Dwelling Height: Same as for residential zone R-1.

   C.   Minimum Width: The minimum width of any lot for a main building shall be seventy feet (70') at a distance thirty feet (30') back from the front lot line. (Zoning Ord.)

   A.   Side Yards: The minimum side yard for any dwelling shall be eight feet (8'), and the total width of the two (2) required side yards shall be not less than eighteen feet (18'). Other main buildings shall have a minimum side yard of twenty feet (20'), and the total width of the two (2) side yards shall be not less than forty feet (40'). Except as provided in the definition of private garages, accessory buildings shall have a side yard of not less than one foot (1') measured from the eave, and shall be located not closer than fifteen feet (15') from a dwelling on adjacent property. On corner lots, the side yard which faces on a street shall be not less than twenty feet (20') for both main and accessory buildings.

   B.   Front And Rear Yards: Same as for residential R-1. (Ord. 2003-05, 3-18-2003)

In Commercial Zone C-1, no building or land shall be used and no building shall be erected which is arranged, intended or designed to be used for other than one or more of the following uses:

 

(City Council Minutes, 4-1-1997; amd. 1997 Code; Ord. 98-09, 9-15-1998)

   A.   Outside Storage Prohibited: There shall not be allowed or permitted in this Zone the outside storage of goods, wares, merchandise, wrecked automobiles, junk, surplus goods and wares, boxes, crates, canvas or other similar items; it being specifically required that all goods so stored shall be inside proper buildings meeting all zoning and building standard requirements and inspections of the City.

   B.   Retail Establishments; Special Provisions: The specified stores, shops or businesses in subsection A of this Section shall be retail establishments and shall be permitted only under the following conditions:

      1.   All products produced, whether primary or incidental, shall be sold at retail on the premises.

      2.   Any exterior sign displayed shall pertain only to a use conducted within the building or lot or shall appertain to the lease or sale of the property; such sign shall be attached flat against a wall of the building or the enclosing wall, fence or hedge and parallel to its horizontal dimension, and shall not exceed thirty six (36) square feet in area. One such sign only, or its equivalent in square footage in not more than three (3) signs, shall be permitted on each wall, fence or hedge facing a street or a parking lot. In no case shall a sign project above the height of the building.

      3.   Any products displayed outside of the enclosure of the business whether for sale or advertisement shall only be allowed during business hours. (Ord. 98-10, 10-20-1998)

There shall be no area and frontage regulations, except off- street parking loading and unloading spaces, in accordance with the appropriate sections of this Code. (Zoning Ord.)

No building shall be erected to a height greater than two and one-half (2 1/2) stories or thirty five feet (35'). (Zoning Ord.)

No building or structure or group of buildings with their accessory building shall cover more than fifty percent (50%) of the area of the lot. (Zoning Ord.; amd. 1997 Code)

   A.   Side Yards:

      1.   Dwellings: For dwellings, the minimum side yard for any dwelling shall be thirty feet (30'), and the total width of the two (2) required side yards shall be not less than seventy feet (70'). (Zoning Ord.)

      2.   Other Buildings: For other buildings, none, except that wherever a building is built upon a lot adjacent to a residential zone boundary, there shall be provided a side yard of not less than ten feet (10') on the side of the building adjacent to the boundary line, and on corner lots, the side yard which faces the street shall be not less than twenty feet (20'). (Zoning Ord.; amd. 1997 Code)

   B.   Front Yard: The minimum depth of the front yard for all buildings, walls or fences more than two feet (2') in height shall be ten feet (10').

   C.   Rear Yard: The minimum rear yard for all buildings shall be fifteen feet (15'). (Zoning Ord.)

In Commercial Zone C-2, no building or land shall be used, and no building shall be erected which is arranged, intended or designed to be used for other than one or more of the following uses:

P - Permitted

C - Conditional

 

(Ord. 2018-02, 5-15-2018)

   A.   Outside Storage Prohibited: There shall not be allowed or permitted in this zone the outside storage of goods, wares, merchandise, wrecked automobiles, junk, surplus goods and wares, boxes, crates, canvas or other similar items; it being specifically required that all goods so stored shall be inside proper buildings meeting all zoning and building standard requirements and inspections of the City.

   B.   Retail Establishments; Special Provisions: Retail establishments shall be permitted only under the following conditions:

      1.   All products produced, whether primary or incidental, shall be sold at retail on the premises.

      2.   Any exterior sign displayed shall pertain only to a use conducted within the building or lot or shall appertain to the lease or sale of the property.

      3.   Any products displayed outside of the enclosure of the business whether for sale or advertisement shall only be allowed during business hours. (Ord. 2018-02, 5-15-2018)

   A.   Lot Width: The minimum lot width, as measured at the front setback line, shall be thirty five feet (35').

   B.   Lot Width, Corner Lots: Each corner lot shall have a minimum lot width, as measured at the front setback line, of forty five feet (45'). (Ord. 2018-02, 5-15-2018)

   A.   Front Yard: The minimum front yard setback for all buildings shall be five feet (5').

   B.   Side Yards:

      1.   Adjacent To Residential Zone: None, except where the side lot line or side parcel line is immediately adjacent to a residential zone, a side yard of equal width to that required for the widest side yard in the adjoining residential zone shall be provided on the side adjacent to the residential zone. A side yard may not be required for lots or parcels if the residential zone is used for City parks, school grounds or churches.

      2.   Side Yard, Corner Lots: The minimum side yard for all buildings on corner lots shall be ten feet (10') on the side adjacent to a street. However, a structure cannot be located within the clear view area outlined in section 10-10-2 of this title.

   C.   Rear Yard: None required, except where the rear of the lot or parcel is immediately adjacent to a residential zone, a rear yard of equal width to that required for the rear yard in the adjoining residential zone shall be provided. A six foot (6') access must also be provided. A rear yard may not be required for lots or parcels if the residential zone is used for City parks, school grounds or churches.

   D.   Accessory Buildings: No accessory building shall be located in the required front yard area. The minimum distance between accessory buildings and main building, or other accessory buildings, shall be six feet (6') at the closest points. Accessory buildings shall be located at least two feet (2') away from any side or rear property line. (Ord. 2018-02, 5-15-2018)

No main building shall be erected to a height greater than thirty five feet (35') without first obtaining a conditional use permit. All new structures exceeding two (2) stories in height shall be served with elevators or escalators in addition to the stairways otherwise required by law. No accessory building shall exceed twenty feet (20') in height or the maximum height of the main building, whichever is lower. (Ord. 2018-02, 5-15-2018)

The minimum distance between main buildings on the same lot or parcel shall be twenty feet (20'). (Ord. 2018-02, 5-15-2018)

Lot coverage by all buildings, including main and accessory buildings, shall be not more than sixty percent (60%) of the total lot or parcel area. (Ord. 2018-02, 5-15-2018)

See section 10-3-9 of this title. (Ord. 2018-02, 5-15-2018)

See section 9-6-8 of this Code. (Ord. 2018-02, 5-15-2018)

   A.   Site Plan: Site plan approval shall be required for all new buildings and changes of use in existing buildings in the C-2 Commercial Zone.

   B.   Conditional Use Permit: A conditional use permit shall be required for all businesses and uses listed in this article as "C - conditional use".

   C.   Development Agreement: A development agreement shall be required for all new development in the C-2 Commercial Zone. All applications for a rezone, preliminary plat, or site plan approval shall be conditioned upon final approval of the development agreement by the City Council.

   D.   See title 9, chapter 8 of this Code for all other approvals required. (Ord. 2018-02, 5-15-2018)

   A.   Restrictions: No area needed to meet the lot width, frontage, area, setback or other requirements of this article may be divided, sold, or leased separate from such lot or building.

   B.   Design Standards: All new site development or construction in the C-2 Commercial Zone shall incorporate the appropriate design standards described in title 9, chapter 8 of this Code. (Ord. 2018-02, 5-15-2018)

The erection of sound walls or barriers in Commercial Zone C-2 on property abutting Interstate 15 is prohibited. (Ord. 2018-02, 5-15-2018)

"Sexually Oriented Business" shall be defined as provided in Section 3-7-4 of this Code. (Ord. 98-06, 9-15-1998, eff. 9-16-1998)

The City Council finds that there is a compelling interest in restricting sexually oriented businesses due to convincing documented evidence that a concentration of sexually oriented businesses and adult businesses have a deleterious effect on both the existing businesses and the surrounding residential areas adjacent to such sexual oriented businesses, causing increased crime and a diminution in property values. To respond to these concerns and an increase in public concern, the City Council has enacted this Article to restrict sexually oriented businesses as set forth herein. (Ord. 98-06, 9-15-1998, eff. 9-16-1998)

Sexually oriented businesses as defined above, shall be allowed only in a C-2 Zone. Further, no sexually oriented business shall be located within a six hundred foot (600') radius of any of the following: civic buildings, schools, churches, parks, and/or residences. No sexually oriented business shall be located within a five hundred foot (500') radius of any other business, or commercial establishment including any other sexually oriented business. (Ord. 98-06, 9-15-1998, eff. 9-16-1998)

The use of signs by a sexually oriented business shall be limited as follows:

   A.   No more than one 1-sided sign shall be allowed on any sexually oriented business premises.

   B.   Only flat wall signs shall be permitted for sexually oriented businesses.

   C.   There shall be no off-premises signs to advertise sexually oriented businesses.

   D.   No sign on any sexually oriented business premises shall be allowed to exceed sixteen (16) square feet.

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

   F.   No descriptive art or design depicting adult activity related to, or inferring the nature of the business shall be allowed on any sexually oriented business sign, and such sign shall contain alphanumeric copy only.

   G.   Painted signs or painted wall advertising shall not be allowed on or upon any sexually oriented business premises.

   H.   Signs other than those specifically allowed for sexually oriented businesses are not allowed to be constructed or placed on the premises, There shall be no temporary sign, banner, light, decorated window, spotlight, or other device to draw attention to the business location of any sexually oriented business. (Ord. 98-06, 9-15-1998, eff. 9-16-1998)

The Boulevard Mixed Use Zone (BMU) is designed to encourage infill and redevelopment opportunities while creating a mix of retail, office and residential uses. Commercial uses are limited to convenience retail, service and professional offices. Building heights are limited to five (5) stories of habitable use from finished grade to roofline. (Ord. 2017-07, 11-21-2017)

   A.   Proposed developments within the BMU Zone shall submit the following items to the City before project approval can be given:

      1.   Design/development guidelines, at a minimum, addressing the following:

         a.   General site engineering (e.g., storm drainage, provision of utilities, erosion control, etc.);

         b.   Architectural guidelines, including building setbacks, height, massing and scale, site coverage by buildings, materials and colors;

         c.   Landscaping and open space standards and requirements;

         d.   Signage;

         e.   Exterior lighting;

         f.   Parking, vehicular circulation and access to the site;

         g.   Rights of access within the center, use of cross easements, pedestrian links, etc.;

         h.   Development phasing and improvement/amenities to be completed with each phase;

         i.   Outdoor storage, sales, and equipment;

         j.   Fencing and walls;

         k.   Street alignment and requirements; and

         l.   Special features for the Boulevard Mixed Use Zone.

      2.   Development agreement between developer and Sunset City.

      3.   Anticipated project timeline. (Ord. 2017-07, 11-21-2017)

   A.   The design and functioning of the areas in the Mixed Use Zone may be designed to achieve either a vertical or horizontal structure of activity along Main Street.

      1.   Vertically Mixed: The following broad categories generally describe the character of a vertical structure. First floor uses primarily being small retail and service businesses and offices. The dominant orientation of doors and windows shall be toward the primary streets central to the Mixed Use Zone areas, i.e., Main Street. Individual or shared entrances for upstairs residential units may be located at the first floor level, with parking garage access at the side or rear, away from Main Street. Plazas may be located adjacent to the primary streets. Upper floor uses may contain offices and residential dwelling units, including home occupations as permitted. Balconies, decks, and rooftop gardens are encouraged.

      2.   Horizontally Mixed: Horizontal structure combines single-use buildings in a range of land uses within one block. In more urban areas, this approach avoids the financing and coding complexities of vertical layered uses while achieving the goal of mixing uses in one place. In less urban areas, horizontal mixed-use offers the advantage of sharing utilities and amenities while providing an easier to build and entitle mix of uses within a walkable block circumscribed by thoroughfares. (Ord. 2017-07, 11-21-2017)

   A.   Sunset City desires to encourage the redevelopment of smaller sites by providing a more flexible approach to parking and to make efficient use of available on-street parking. The amount of off-street parking required may be reduced by an amount that can be demonstrated may be in demand at different intervals of time throughout the day.

   B.   Minimum required residential on-site parking:

      1.   Studio: One space.

      2.   One bedroom: 1.5 spaces.

      3.   Two bedroom unit: Two (2) spaces.

      4.   Three bedroom unit: Two (2) spaces.

      5.   Guest parking: One space per eight (8) units.

   C.   Minimum required commercial/retail on-site parking: Two (2) spaces per one thousand (1,000) square feet. (No additional parking is required for a change of use in an existing building, even where the existing parking may be nonconforming. Additional parking must be provided in accordance with these standards for any building addition that adds new habitable or leasable floor area. Amount of additional parking shall be calculated based upon new square footage only.) (Ord. 2017-07, 11-21-2017)

   A.   Primary building materials shall be durable and project an image of permanence. Appropriate materials include, but are not limited to:

      1.   Brick, stone, or other masonry products;

      2.   Steel;

      3.   Stucco;

      4.   Cast concrete;

      5.   Split face block;

      6.   Composite siding;

      7.   Steel, corrugated metal;

      8.   Glass; or

      9.   Other comparable materials as proposed by builder. (Ord. 2017-07, 11-21-2017)

   A.   In the BMU Zone the following uses are expressly prohibited:

      Automobile, truck, recreational vehicle storage, repair, fuel and/or sales.

      Industrial uses.

      Marijuana facilities.

   B.   Until parcels are developed or re-developed, existing uses and parking are permitted within the BMU. (Ord. 2017-07, 11-21-2017)

   A.   Lot Size: No minimum lot size is required. No maximum lot coverage limit. All lots must be functional and meet the minimum setback and parking requirements.

   B.   Setback Requirements:

      1.   Front Orientation And Setbacks On Main Street:

         a.   The front building setback shall be a minimum of zero (0) and a maximum of fifty five feet (55').

         b.   At corner locations, the Main Street frontage shall be deemed the front, and a principal public entrance door(s) shall be located in the front wall facing Main Street or at the corner of the block adjacent to the sidewalk.

         c.   At non-corner locations, the principal public entrance door shall be located in the front wall facing Main Street, at a building corner adjacent to the sidewalk, or within twenty feet (20') of the sidewalk edge in a side wall.

         d.   Sidewalks may be used for patron seating areas appurtenant to a permitted or conditional use, when such outdoor use area designation is approved in accordance with the conditional use permit standards in this chapter.

      2.   Side Setbacks: The minimum building setback at a side lot line shall be zero (0). At corner locations, the maximum building setback at a side lot line with frontage on a public street shall be twenty feet (20').

      3.   Rear Setback: The minimum building setback at a rear lot line shall be zero (0); however, no building or associated parking and loading areas shall be permitted to encroach within or otherwise limit off-street vehicular circulation via shared drive aisles approved in conjunction with submitted development plans.

   C.   Height Of Buildings:

      1.   Building heights are limited to five (5) stories of habitable space above finished grade. This does not include roof top amenities such as roof top gardens, pergolas, staircases, elevators, etc.

      2.   Taller buildings may be recommended for approval to the City Council by the Planning Commission as a conditional use; permit approval conditions may include specific adjustments to setbacks and limitations on building volume, particularly for upper stories.

   D.   Street Scape/Landscaping/Sidewalks:

      1.   Along Main Street, all mixed use developments shall incorporate combinations of the following:

         a.   Street trees in grates or raised planters;

         b.   Lamp posts every one hundred feet (100');

         c.   Ten foot (10') wide sidewalks with five feet (5') being on owner's property and five feet (5') being on City right-of-way;

         d.   Patterns scored sidewalk in the concrete;

         e.   Bollards; and

         f.   Parking lot/parking garage screening and/or vegetative screening.

      2.   Trash and refuse containers shall be concealed behind buildings and away from Main Street. (Ord. 2017-07, 11-21-2017)

   A.   The Town Center Zone (TC) is designed to encourage infill and redevelopment opportunities while creating a mix of retail, office, and residential uses. Commercial uses are limited to convenience retail, café or restaurant, service, and professional offices. The TC Zone is intended to provide a focal point that accommodates neighborhoods with retail, service, and residential uses in compact, walkable urban form.

   B.   The following are generally appropriate form elements in this Zone:

      1.   Attached;

      2.   Medium to large footprint;

      3.   Simple wall plane along street;

      4.   Buildings at the right-of-way;

      5.   Small to no side setbacks;

      6.   Up to five (5) stories; and

      7.   Diverse mix of frontages. (Ord. 2019-04, 8-20-2019; amd. Ord. 2020-04, 10-20-2020; amd. Ord. 2021-02, 6-15-2021)

Proposed developments within the TC Zone shall submit the following items to the City before project approval can be given:

   A.   Design/development guidelines, at a minimum, addressing the following:

      1.   General site engineering (e.g., storm drainage, provision of utilities, erosion control, etc.);

      2.   Architectural guidelines, including building setbacks, height, massing and scale, site coverage by buildings, materials and colors;

      3.   Landscaping and open space standards and requirements;

      4.   Signage;

      5.   Exterior lighting;

      6.   Parking, vehicular circulation and access to the site;

      7.   Rights of access within the center, use of cross easements, pedestrian links, etc.;

      8.   Development phasing and improvement/amenities to be completed with each phase;

      9.   Outdoor storage, sales, and equipment;

      10.   Fencing and walls;

      11.   Street alignment and requirements; and

      12.   Special features for the Town Center Zone.

   B.   Development agreement between developer and Sunset City.

   C.   Anticipated project timeline. (Ord. 2020-04, 10-20-2020; amd. Ord. 2021-02, 6-15-2021)

The design and functioning of the areas in the mixed-use zone will be designed to achieve a vertical structure of activity in the zone. The following broad categories generally describe the character of the TC Zone:

   A.   Ground-floor uses shall be a minimum twenty five percent (25%) commercial office or retail uses.

      1.   Where development plans may include multiple structures, this requirement may be calculated against the total ground floor space of the development, instead of each individual building, as allowed by the Planning Commission and City Council.

      2.   Up to one hundred percent (100%) residential use may be allowed by the Planning Commission and City Council, but the purpose is to create a mix of retail, office and residential use.

   B.   The dominant orientation of doors and windows shall be toward the public streets and common areas.

   C.   Individual or shared entrances for upstairs residential units may be located at the first-floor level, with parking garage access at the side, rear or underneath the structure.

   D.   Plazas may be located adjacent to the public streets.

   E.   Upper floor uses may contain offices and residential dwelling units, including home occupations as permitted.

   F.   Balconies, decks, and rooftop gardens are encouraged. (Ord. 2019-04, 8-20-2019; amd. Ord. 2020-04, 10-20-2020; amd. Ord. 2021-02, 6-15-2021)

   A.   Sunset City desires to encourage the redevelopment of smaller sites by providing a more flexible approach to parking and to make efficient use of available on-street parking. Shared use parking shall be encouraged. The amount of off-street parking required may be reduced by an amount that can be demonstrated may be in demand at different intervals of time throughout the day.

   B.   Total parking requirement for mixed-use developments may be reduced with "shared" spaces dedicated to residential in the evening and retail or commercial use during daytime hours. There must be a mitigation or management measure in place to accommodate this, such as permit parking, stall monitoring, or other management measure approved by the Planning Commission and City Council.

   C.   Minimum Required Residential On-Site Parking:

      1.   Studio: One (1) space;

      2.   One (1) Bedroom: One and one half (1.5) spaces:

      3.   Two (2) bedroom unit: Two (2) spaces;

      4.   Three (3) bedroom unit: Two (2) spaces; and

      5.   Guest Parking: One (1) space per eight (8) units.

   D.   Minimum Required Commercial/Retail On-Site Parking: Two (2) spaces per one thousand (1,000) square feet. No additional parking is required for a change of use in an existing building, even where the existing parking may be nonconforming. Additional parking must be provided in accordance with these standards for any building addition that adds new habitable or leasable floor area. Amount of additional parking shall be calculated based upon new square footage only. (Ord. 2019-04, 8-20-2019; amd. Ord. 2020-04, 10-20-2020; amd. Ord. 2021-02, 6-15-2021)

Primary building materials shall be a mix of durable materials and project an image of permanence. Appropriate materials include, but are not limited to:

   A.   Brick, stone, or other masonry products;

   B.   Steel;

   C.   Stucco;

   D.   Cast concrete;

   E.   Split face block;

   F.   Composite siding;

   G.   Steel, corrugated metal;

   H.   Glass; or

   I.   Other comparable material as proposed by builder. (Ord. 2019-04, 8-20-2019; amd. Ord. 2020-04, 10-20-2020; amd. Ord. 2021-02, 6-15-2021)

   A.   The following uses are expressly prohibited:

      1.   Industrial uses, including fabrication, manufacturing, and warehousing;

      2.   Drive-through services;

      3.   Utilities;

      4.   Automobile, truck, recreational vehicle storage, repair, fuel and/or sales.

   B.   The following uses will require conditional permit:

      1.   Retail, dining, or entertainment uses requiring a floor area of more than ten thousand (10,000) square feet;

      2.   Animal boarding;

      3.   Day care or other care facilities;

      4.   Recreation facilities; and

      5.   Medical and recreational drug, marijuana, tobacco, e-cigarette, or vape production, distribution, dispensary, or sales facilities.

   C.   Until parcels require a new conditional use permit are developed or re-developed, existing uses and parking are permitted within the TC Zone. (Ord. 2019-04, 8-20-2019; amd. Ord. 2020-04, 10-20-2020; amd. Ord. 2021-02, 6-15- 2021)

   A.   Lot Dimensions:

      1.    Lot area – No minimum lot size is required. No maximum lot coverage limit. All lots must be functional and meet the minimum setback and parking requirements;

      2.   Lot width - no minimum or maximum; and

      3.   Frontage build-out - sixty percent (60%) minimum, ninety percent (90%) maximum. Upon request, when sixty percent (60%) minimum is unreasonable, it may be reduced by the Planning Commission and City Council.

   B.   Primary Building Setbacks:

      1.   Front - none;

      2.   Side - none, except where the side lot line is immediately adjacent to a residential zone used for housing, it must be ten feet (10');

      3.   Side (corner/alley) - see section 10-3-6 for visual traffic clearance triangle;

      4.   Rear - none, except where the rear lot line is immediately adjacent to a residential zone, it must be fifteen feet (15'); and

      5.   Attached garage/carport (from front facade) - none.

   C.   Accessory Building Setbacks:

      1.   Front - forty feet (40') maximum from rear property line;

      2.   Side - three feet (3') minimum;

      3.   Side - interior - zero foot (0') minimum;

      4.   Rear - three feet (3');

      5.   Rear (from alley) - fifteen feet (15'); and

      6.   Detached garage/carport (from front facade) - minimum required by Fire Code.

   D.   Building Form:

      1.   Primary building height - two (2) stories minimum, five (5) stories maximum;

      2.   Accessory building height - two and one half (2.5) stories or thirty five feet (35'); and

      3.   Within twenty feet (20') of the rear or side lot line adjacent to residential zones, buildings are to be no more than one (1) story taller than the height of adjacent buildings. Buildings can then tier up one (1) story for every twenty feet (20') farther from the lot line.

   E.   Parking Pad Location:

      1.   Front setback -

         a.   Mixed Use: maximum ten percent (10%) of the required parking - fifteen-foot (15') minimum setback, ninety percent (90%) - forty-foot (40') setback.

         b.   For a one hundred percent (100%) residential use: one hundred percent (100%) of the required parking - forty-foot (40') minimum setback.

      2.   Side setback (corner/alley) - eight feet (8') minimum, including buffer; and

      3.   Rear setback - three feet (3') minimum, including buffer.

   F.   Encroachments To Setbacks:

      1.   Shopfront awning - allowed to back of curb;

      2.   Architectural features - three feet (3') maximum; and

      3.   Signs - see section 9-6-8.

   G.   Other Requirements:

      1.   Meet requirements of section 9-8-6: requirements for new construction of an undeveloped or redeveloped site of commercial and multi-family uses or remodeling of existing structures.

      2.   At corner locations, the arterial road shall be deemed the front, and principal public entrance doors shall be located in the front wall facing the arterial street or at the corner of the block adjacent to the sidewalk.

      3.   Sidewalks may be used for patron seating areas appurtenant to a permitted or conditional use, when such outdoor use area designation is approved in accordance with the conditional use permit standards in this chapter.

      4.   No building or associated parking and loading areas shall be permitted to encroach within or otherwise limit off-street vehicular circulation via shared drive aisles approved in conjunction with submitted development plans.

      5.   Height restrictions contained herein do not include roof top amenities such as roof top gardens, hand rails, pergolas, stair cases, elevators, air conditioners, and the like.

      6.   Taller buildings may be approved by the Planning Commission and City Council. Approval may include specific adjustments to setbacks and limitations on building volume, particularly for upper stories.

      7.   Any buildings wider than on hundred fifty feet (150') must be designed to read as a series of buildings no wider than seventy five feet (75') each.

      8.   Loading docks, overhead doors, and other service entries shall be screened and not to be located on primary street facades.

      9.   A building form with a chamfered corner is allowed only on corner lots and only if a corner entry is provided.

   H.   Street Scape, Landscaping, And Sidewalks: Along public streets, all mixed use developments shall incorporate all of the following:

      1.   Street trees, in grates or raised planters, evenly spaced between lamp posts at minimum thirty five feet (35') intervals.

      2.   Lamp posts every one hundred feet (100').

      3.   Ten-foot (10') wide sidewalks from the back of curb (owner's right-of-way is included in this calculation).

      4.   Parking lot/parking garage screening and/or vegetative screening.

         a.   Landscape walls shall have masonry or stucco finish.

         b.   No planting strips allowed between sidewalk and building.

      5.   Trash and refuse containers shall be concealed behind buildings and away from public streets, but not within ten feet (10') of residences. Dumpsters shall be stored either:

         a.   Within a separate walled and gated enclosure. Materials for the enclosure should be reinforced concrete or reinforced masonry with bollards as protection from traffic.

         b.   Within the building out of sight.

      6.   Opaque walls or fences of at least six feet (6') in height are required along all property lines which are adjacent to a residential zone or use or public right-of-way. (Ord. 2019-04, 8-20-2019; amd. Ord. 2020-04, 10-20-2020; amd. Ord. 2021-02, 6-15-2021)