Toquerville City Zoning Code

RESERVED

(Rep. by Ord. 2021.10, 6-16-2021)

The historic district encompasses a portion of the originally settled townsite of the city. Lot sizes in this area are characteristic of the late nineteenth century and do not conform to current standards. The HDO zone is intended to preserve buildings and related structures of historic and architectural significance and to allow improvements to existing structures or new construction without eroding the scale and historic character of the district. (Ord. 2012.04, 1-18-2012)

The following terms shall have the meaning set out below for the purposes of this article:

COMMISSION: The historic commission of Toquerville City.

COUNCIL: The city council of Toquerville City.

EXTERIOR DESIGN PROPOSAL: A. Any rehabilitation, reconstruction or addition to the exterior of a significant historic building.

   B.   Any demolition or relocation of a significant historic building.

   C.   Any new construction within the historic district, except for minor additions to nonhistoric buildings.

   D.   Any sign proposed to be placed or modified within the district.

HISTORIC DISTRICT: Land within the city's historic district overlay zone.

LANDMARK SITE: A building, site or structure designated as a landmark site by the city.

MINOR ADDITION: An addition to a nonhistoric building of six hundred (600) square feet or less.

SIGNIFICANT HISTORIC BUILDING: A building, site or structure that is: a) designated as a landmark site; b) a building within the historic district built as a residence prior to 1950; c) within the historic district determined by the commission to be historically important due to its age or architecture; or d) other buildings, outside the historic district, designated as having a historical significance to Toquerville City. (Ord. 2012.04, 1-18-2012)

   A.   The planning commission may, upon written recommendation of the historic commission, recommend to the city council, rules, regulations and guidelines to implement and administer the purposes and intent of this article.

   B.   Until at least three (3) members of the historic commission are appointed, the planning commission shall serve as the historic commission. (Ord. 2012.04, 1-18-2012)

The requirements of this title regarding such things as fees, enforcement, permits, violations and all other similar items, including penalties, shall apply. (Ord. 2012.04, 1-18-2012)

   A.   A historic district zone is established, which shall be an overlay zone over the existing zoning districts shown on the official city zoning map. In cases of conflict between this article and other provisions of this title, this article shall apply.

   B.   The historic district is all lots that front Toquerville Boulevard (also known as SR 17) from Ash Creek Bridge on the north to the southern boundary of the Old Neagle Winery on the south. (Ord. 2012.04, 1-18-2012)

The city establishes a historic commission with the following provisions:

   A.   Membership: The commission shall consist of five (5) members appointed by the mayor, with the advice and consent of the city council, for a four (4) year term, except in making the initial appointment, the mayor and council shall appoint two (2) members for a term of three (3) years and three (3) members for a term of four (4) years. Each member shall have a demonstrated interest, competence or knowledge in historic preservation.

   B.   Meetings: The historic commission shall meet at least four (4) times each year, except that the historic commission may assemble as required to fulfill its duties and conduct meetings in accordance with the open meeting laws of the state. Upon appointment of the initial historic commission, it shall meet and elect one of its members as chairperson. The historic commission shall then provide for the rules and procedures for the holding of regular and special meetings of the historic commission as deemed advisable and necessary.

   C.   Vacancies; Removal: Vacancies shall be filled for the unexpired term of any member whose term is vacant. Any member may be removed for cause by the appointing authority.

   D.   Compensation: The members of the historic commission shall serve without compensation, however, they shall be entitled to be reimbursed for any actual expenses they incur during the performance of their duties.

   E.   Powers And Duties:

      1.   The historic commission shall conduct, or cause to be conducted, a survey of the historic, architectural and archaeological resources within the city. The survey shall be compatible with the Utah inventory of historic archaeological sites. Survey and inventory documents shall be maintained and shall be open to the public. The survey shall be updated every ten (10) years.

      2.   The historic commission shall review and comment to the state historic preservation officer on all proposed national registry nominations for properties within the city boundaries. Nominations shall be evaluated by professions in the specific discipline.

      3.   The historic commission shall act in an advisory role to other departments of government regarding the identification and protection of local historic and archaeological resources and work toward the continuing education of citizens regarding historic preservation and community history.

      4.   The historic commission shall support all state laws relating to historic preservation.

      5.   The historic commission shall act as the historic district design review committee with respect to new construction, exterior design proposals, demolition or relocation of a significant historic building, or any construction or modification of a sign within the historic district. (Ord. 2012.04, 1-18-2012)

The city council may, upon written recommendation of the historic commission, prescribe, adopt and enforce rules and guidelines to administer and carry out the intent of this article:

   A.   Objectives: The design guidelines which follow are set forth as a guide for those engaged in development and/or rehabilitation of properties in the historic district. They are specified to ensure the creation of an environment, blending the existing and new developments into a harmoniously functioning area.

      1.   Considerations: Buildings within the historic district should be considered as integral parts of the overall design and developed with appropriate consideration for both proposed and existing buildings with respect to height, mass, siting, location, materials, orientation, signs, lighting and use.

      2.   Signs: All signs within the historic district shall be part of an overall design scheme and shall conform to the sign standards contained in section 10-15A-8 of this article.

      3.   Underground Utility Lines: All utility lines shall be installed underground whenever feasible.

   B.   Rehabilitation Guidelines: Rehabilitation of significant historic buildings shall comply with the guidelines set forth herein and, in addition, all applicable statutes, codes and ordinances, as amended from time to time, relating to the use, maintenance, construction and occupancy of the property.

      1.   Standards: All improvements shall be generally in accord with the general and specific standards for historic preservation as prepared by the historic commission and in harmony with the architectural character of the neighborhood.

      2.   New Additions: Whenever possible, new additions or adaptive reuse to structures shall be done in such a manner that if such additions or changes were to be removed in the future, the essential form and integrity of the structure would not be impaired.

      3.   Parking, Access: Off street parking, loading facilities and pedestrian access shall be designed so as not to create conflicting movement. All other areas, other than driveways, parking areas, walks and terraces, shall be appropriately landscaped and provided with appropriate trees and shrubbery.

      4.   Ancillary Structures: Ancillary structures, such as garages, storage sheds and the like, where practical, shall be improved in a manner suggested by the historic commission to meet code requirements and be aesthetically pleasing.

      5.   Restoration: Restoration of all exterior facades, including the side and rear facade, shall be in keeping with the objectives herein. Roofline, windows and exterior facing materials shall all be considered. Adjoining buildings in separate or the same ownership shall be rehabilitated so as to carry out a unified concept.

      6.   Materials: Materials, techniques and colors must conform to and harmonize with original materials and techniques. To this end, the emphasis should be, where practical, on correct period sash, doors, cornices, wall materials and signs and the removal of present day anachronisms, such as defacing or out of scale contemporary features. The general requirements shall apply particularly to visible surfaces on the exterior. New work adjoining old must be carefully blended to minimize separation, unless, in the opinion of qualified architectural experts, it is better to make the adjoining areas obvious and thereby emphasize the qualities of the original work.

      7.   Repairing Details: When repairing or replacing masonry details, decorations or parapet walls, care should be taken to prevent an obvious and unsightly patch. Materials, joints, etc., should match the original as closely as possible in composition, color and texture.

      8.   Fake Details: Fake historic details, decorations and other additions should be avoided.

      9.   Reanchoring: Sagging details, decorations, cornices, string courses, lintels, arches, pilasters and parapet walls should be firmly reanchored.

      10.   Deteriorated Details: Deteriorated building details should be repaired rather than replaced. In the event replacement is necessary, the new material should match the original material in composition, design, color and texture.

      11.   Paint: Heavy or numerous coats of paint, or paint in wrong color that obscures architectural decoration and detail should be removed before repainting.

      12.   Hardware: Hardware and lighting fixtures, where practical, shall be selected with care to conform to authentic work of the period, and to match remaining originals where such exist.

      13.   Compatible Design: If the original or significant detail no longer exists or is too deteriorated to save, it is recommended that a contemporary design be undertaken which is compatible with the rest of the building in scale, design, materials, color and texture.

      14.   Materials:

         a.   Original building wall material should not be covered with any form of inappropriate siding.

         b.   Masonry facing shall be cleaned and painted as necessary. Sandblasting is prohibited unless approved by the historic commission. All repainting, when necessary, shall be done by specification as set forth in brief 2, U.S. department of the interior.

         c.   Recommended materials for rehabilitation of masonry buildings include traditional bond pattern, such as running bond, not stack bond. Clay facing tile may be used if the face size of the tile is that of standard brick and if the bond pattern is typical of contributing buildings in the area.

         d.   The use of imitation stone veneer or brick using stucco, plastic or plywood/fiber panels is not acceptable, unless documented through historic or pictorial evidence.

         e.   Asphalt or wood shingled awnings and diagonal sided panels are not acceptable.

         f.   Vinyl or aluminum panels imitating clapboard or wood siding are not acceptable.

         g.   Glazing shall be clear, nonreflective and untinted, though the use of double glazed insulating glass or materials such as acrylic or high impact polycarbonate panels is permissible.

         h.   Wall surfaces that have not been painted should remain unpainted.

      15.   Color:

         a.   Color for all rehabilitation work should blend with the existing palette. If any new brick is used, it should be similar in texture and color to that of the original brick. Stucco for exterior walls should be similar in tone to muted pastels typical of historic pioneer stucco buildings.

         b.   White or off white may be used on decorative elements, such as lintels, sills and cornices. Bright colors are not appropriate for major architectural elements, such as building walls. However, when used sparingly in fine lines, such as on the wood trim of a storefront, a brighter color than that of the building face can enhance a particular color scheme.

         c.   Metallic finishes generally are not acceptable, except when used in such treatments as painted gold or bronze toned lettering on storefront glass.

         d.   Colors for wood or for metal windows, doors and storefronts should accent the color used for exterior walls. Too many colors should be avoided. A simple color scheme of a few colors is generally preferable.

      16.   Mechanical Equipment:

         a.   Radio, television, telephone and/or telecommunication equipment, such as antennas of satellite dishes and ancillary systems, cables, junction boxes and the like, shall be placed behind or within suitable visual barriers in such a way so as not to be visible from the street.

         b.   Heating and air conditioning equipment, including cooling units, blowers, exhaust fans, ducts and/or ancillary systems, support units, brackets, wiring, junction boxes and the like, shall be properly screened or installed behind or within suitable visual barriers.

   C.   New Construction: The guidelines in this subsection are to be used by those planning new construction within the historic district boundaries. Their purpose is to reinforce and enhance the historic architectural character of the neighborhood by encouraging compatible new construction:

      1.   Considerations: The historic commission will consider design concepts other than those recommended in these guidelines though approval of alternative approaches is not guaranteed. However, in order for a design to be considered for exceptional review, it must not include the use of elements that are designated as inappropriate in the guidelines.

      2.   Siting: The ground floor of a new structure should relate to the pedestrian's human scale and continue to display the siting of neighborhood structures.

      3.   Scale:

         a.   One of the many criteria that must be considered when designing new buildings is the scale of the new building and its relationship to the scale of the neighborhood.

         b.   It is important that the elements within the building's facade also be appropriately scaled. The scale of those elements should recall those of neighboring structures.

      4.   Width Of Building: The apparent widths of the front facades of new buildings should correspond to typical widths of the buildings on the same block. A long facade should be broken into separate elements to suggest facade widths or bays similar to those of neighboring buildings.

      5.   Windows: Original windows in older buildings are predominantly the wood double hung type. A sash pattern of one over one, that is, one undivided framed pane above a similar pane, is the most common type. In new construction, one over one type is recommended. However, the pattern of a one over one window may be achieved by the use of fixed glass, with three (3) conditions: a) that the window frame replicates the proportions of a typical double hung window sash; b) that no unpainted clear aluminum is used for the frame; c) that the window frame is of similar cross sectional size to that of the double hung windows typical of the neighborhood. Other configurations will be evaluated for streetscape compatibility on a case by case basis.

      6.   Ornamentation:

         a.   The ornamental details used in new construction should be compatible and in scale with those used in the historic district.

         b.   When used, cornices, roof types, gables, dormers, turrets, corbelled parapets, string courses, lintels, arches, pilasters and column styles which are sympathetic with adjacent buildings will have a unifying effect and will be considered appropriate. Duplication, where noted, is not necessary and is to be avoided.

      7.   Color: Color schemes will be considered in the design review in terms of their appropriateness as part of the building facade.

         a.   Develop a color scheme for the entire building that coordinates all facade elements. Choose a base color that will link the entire building together, including signs, ornamentation, awnings and entrances if applicable.

         b.   Muted colors are preferred for background colors of most buildings. A darker background color will allow use of lighter colors for trim where the highlights will show up better.

         c.   Use bright colors for accents only, such as signs, ornamentation and entrances. In most cases, only one or two (2) accent colors should be used in addition to the base color.

         d.   Finish wood surfaces. The rustic bare wood look is not part of the heritage of the historic district. Painted surfaces are most appropriate. Stains will be accepted in combination with materials that give a wall a finished appearance. Rustic finishes will not be approved.

         e.   Leave natural masonry surfaces unpainted where feasible. For other parts of the building that do require painting, select colors that will complement those of the natural materials. If an existing building is already painted, consider applying new colors that simulate the original brick look.

         f.   Select neutral or muted colors for roofs. Brown and gray were the dominant colors in the past because of the materials used. Wood shingles and sheet metal traditions remain today and should be respected. (Ord. 2012.04, 1-18-2012)

   A.   Permitted Signs: Permitted signs include low profile monument type signs (1 per parcel of property or complex), provided they are wood carved, sandblasted or engraved metal and do not exceed four feet (4') in height and are not more than sixteen (16) square feet in area for individual business, or twenty four (24) square feet for multiple businesses. Uplighting is permitted with four feet (4') of sign. All other signs must comply with subsection 10-22-7A8 of this title.

   B.   Prohibited Signs:

      1.   Roof signs, or any sign projecting above the roofline.

      2.   Off premises signs.

      3.   Flashing signs, including any sign or device in which the artificial light is not maintained stationary and constant in intensity or color at all times when in use.

      4.   Signs made of cardboard, paper, canvas or similar impermanent material.

      5.   Bubble shaped awnings and awnings with a shiny or wet look.

      6.   Other prohibited signs identified in the City sign ordinance.

   C.   Additional Provisions:

      1.   Painted signs should be in subdued earth tone colors only. Day-glo or fluorescent signs are not permitted.

      2.   Electric signs, including neon, are permitted.

      3.   The lettering style should be simple and in keeping with the architectural character of the neighborhood. The amount of information on a sign should be kept to a minimum. A variation in lettering styles is permissible, but should be kept to a minimum.

      4.   All permanent signs shall be integrated into the architectural design of the building on which they are placed and into the overall sign layout of the project in character and quality. (Ord. 2012.04, 1-18-2012; amd. 2014 Code)

   D.   Request For Permit Or Appeal: Requests for a permit to place a sign in the Historic District must be submitted to the Historic Commission for their approval. The applicant for a permit may make an appeal of such decision to the Appeal Authority. The decision of the Appeal Authority will be final. (Ord. 2018.07, 12-13-2018)

   A.   Application; Considerations: When an application is made for a demolition permit affecting a historic building which is not designated as a landmark site, the Historic Commission shall:

      1.   Review the condition of the building to determine the impact of the demolition to the neighborhood and the technical feasibility for preserving the structure;

      2.   Inform the property owner of economic incentives available to rehabilitate historic resources;

      3.   Encourage the property owner not to demolish the building until an attempt can be made to locate suitable tenants to make the building economically viable, or find a purchaser who is willing to acquire and rehabilitate the structure;

      4.   Review proposed new construction within the neighborhood;

      5.   The application shall also describe the reason for demolition and any development proposed for the demolition site, including renderings of the proposed new structure.

   B.   Requirements For Approval: Demolition permits for historic buildings not designated a landmark site shall not be approved until the Historic Commission has had a reasonable time, not to exceed ninety (90) days, to review the proposed new construction, and make recommendations regarding compliance with the Historic District design standards. Granting of the permit shall be determined after review of Historic Commission recommendations by the planning commission and recommendations to the City Council. (Ord. 2012.04, 1-18-2012)

   A.   Review Of Regulations: The developer is to secure a copy of this article to review the regulations regarding development in the Historic District.

   B.   Consideration By Historic Commission: When a request for a building permit is made to the City based upon an exterior design proposal, the Historic Commission shall review, at a minimum, the site plan, exterior design of the buildings, architectural treatment, landscaping, design of signs and other items related to design objectives, to determine whether proposed construction substantially complies with Historic District design standards and make a report to the Planning Commission prior to the issuance of a building permit.

   C.   Exterior Design Proposal Review: The Historic Commission shall review the exterior design proposals for significant historic buildings within the district. Exterior proposals shall include:

      1.   Any rehabilitation, reconstruction or addition to the exterior of a significant historic building.

      2.   Any demolition or relocation of a significant historic building.

      3.   Any new construction within the Historic District, except for minor additions to existing nonhistoric buildings.

      4.   Any sign proposed to be placed or modified with the Historic District.

   D.   Planning Commission Approval Required: All exterior design proposals shall be subject to Planning Commission approval after recommendation from the Historic Commission. No building permit shall be issued in the Historic District without this approval.

   E.   Continuing Review: The Historic Commission and City staff shall exercise continuing review of a project as it progresses from conceptual stage through construction and completion to ensure compliance with the Historic District design standards and Planning Commission approvals. (Ord. 2012.04, 1-18-2012)

   F.   Denial; Request For Exemption, Appeal: In the event of a denial of a permit by the Planning Commission, an applicant may request an exemption as provided in subsection G of this section, or may appeal to the Appeal Authority for approval. On appeal to the Appeal Authority, its decision shall be final. (Ord. 2018.07, 12-13-2018)

   G.   Exemption: A property owner may be exempted from the restrictions imposed by this article on significant historic buildings by applying for an exemption. The applicant shall state the reasons why: 1) the building is no longer suitable for the present purposes; and 2) the applicant cannot earn a reasonable return from use or rental of the building if altered, reconstructed or demolished with the limitations and guidelines adopted under this article. Determination of whether a building is appropriate for exclusion from the application of this article shall be made by the Planning Commission upon recommendation by the Historic Commission. If an applicant desires to appeal denial of an exemption or the Historic Commission desires to appeal the granting of an exemption, the applicant or Historic Commission may request consideration by the City Council, and its decision, after public hearing, shall be final. (Ord. 2012.04, 1-18-2012)

   A.   A master planned development overlay zone is intended to provide an alternative to the conventional zoning and land development approaches to encourage the most creative and innovative development of land. This overlay zone may allow the standards of this article to be applied to all areas of the city. It is the intent of this article to assure that the character of the underlying zones and surrounding districts is maintained in harmony with the city general plan and to satisfy the requirements of applicable design guidelines and design standards and specifications for construction.

   B.   It is further the intent of this article to:

      1.   Promote economical and efficient use of the land.

      2.   Promote the clustering of dwelling units.

      3.   Enhance and blend development with the unique natural character of the city.

      4.   Promote creative architecture that blends with the character of the land.

      5.   Provide a harmonious variety of housing types.

      6.   Encourage a higher level of project amenities.

      7.   Preserve the unique scenic qualities of open space. (Ord. 2012.04, 1-18-2012; amd. Ord. 2021.09, 6-16-2021)

By its nature and purpose, the master planned development overlay zone is intended to provide flexible land development approaches and regulations. Insofar as the application of the regulations and concepts contained herein conflict with the strict construction requirements and provisions of this article and/or other provisions of this title, or other land use ordinances, the provisions of the regulations provided under this article shall control. For example, the application of clustering, in the setback and building separation provisions in this article, may conflict with the setback and building separation provisions of the underlying zone as specified in this title. However, uses, including both permitted and conditional uses, specified for each zoning district in this title shall not be modified by the application of the regulations in this article. It is not the intent of the MPDO to replace the simple, conventional, or phased subdivisions as described in section 10-19. The MPDO is intended for subdivision with such size, geographic challenges or complexity that could not be facilitated in a subdivision specified in section 10-19. (Ord. 2012.04, 1-18-2012; amd. Ord. 2021.09, 6-16-2021)

This article, together with chapter 19 of this title, the city general plan, this title and the zoning map, and applicable city design guidelines, shall guide the use and development of all land within the corporate boundaries of the city. However, in order to accomplish the purpose and intent of this article, conflicts and regulations provided in other city ordinances as they apply to land use and development, shall be construed in such a way as to allow the more flexible approach of the master planned development overlay zone. (Ord. 2012.04, 1-18-2012; amd. Ord. 2021.09, 6-16-2021)

There shall be no vested right to bonus incentives or other flexible design treatments, including clustering, merely by virtue of filing an application under this article. The planning commission and city council have discretion to approve or deny any amenities proposed for the purposes of calculating density based on the desirability of the proposed amenity and its consistency with overall purposes and intent of this article and uses in design of the applicant project and surrounding properties. Application under this article shall be treated as an application for a subdivision approval under chapter 19, article D of this title, for purposes of vesting the application of this title, regulations and standards to any given application. At any time in the review process under this article, a developer may elect to opt out and have the application reviewed as a traditional subdivision application under chapter 19, article D of this title. (Ord. 2012.04, 1-18-2012; amd. Ord. 2021.09, 6-16-2021)

   A.   Conformance With General Plan: The land uses and design of the proposed MPDO shall be consistent with the city general plan.

   B.   Minimum Qualifications:

      1.   A master planned development overlay zone shall be required for developments in excess of a minor partition of a parcel one hundred (100) acres in size or greater, characterized by slopes in excess of fifteen percent (15%).

      2.   On parcels less than one hundred (100) acres, an MPDO may be authorized if one or more of the following conditions exist:

         a.   Unusual physical features of the property or the surrounding area prohibit development under the standard provisions of this title while preserving a physical or terrain feature, or view corridor of importance to the neighborhood.

         b.   The property cannot be feasibly developed under the standard provisions of this title, particularly in the case of small undeveloped parcels surrounded or partially surrounded by developed property.

         c.   The development under the MPDO regulations is more creative, unique and desirable to the community.

         d.   The property/parcel proposed for development is under unified title with one unified description.

   C.   Uses In Master Planned Development Overlay Zone:

      1.   Any use or combination of uses may be allowed in an MPDO, provided such uses are consistent with the city general plan and underlying zone regulations.

      2.   Mixed uses, including limited neighborhood commercial and multi-family residential, may be allowed within one project. However, the development shall be a harmonious variety of building types within one project and in keeping with the objectives of this article.

   D.   Development Standards: The MPDO shall be designed and developed in a manner consistent to chapter 19, articles D and E of this title, the design standards and specifications for construction, capital facilities plan and general design guidelines and approved by the planning commission.

   E.   Lot Sizes: The minimum lot and siting requirements of the zoning district in which the MPDO lies shall not dictate the strict guidelines for development within the MPDO, but shall serve to inform the developer of the importance of developing a project that will be in harmony with the character of the surrounding neighborhood. An MPDO shall not be subject to the lot width and lot area requirements of the underlying zone. The lot width and size will be shown on the approved site plan as approved by the planning commission. Notwithstanding the preceding, if a perimeter of a proposed MPDO is adjacent to an established residential area or approved plat that is zoned R-1-20 or larger, the MPDO conceptual and final plan shall indicate perimeter lots with residential density no less than R-1-20 zoning density unless the applicant can provide evidence that this would make it impossible to develop the ERU’s established in their base density. If the applicant desires density bonuses thru the MPDO process, the applicant should designate, at a minimum, a buffer of adjacent lots of at least the size requirements of the R-1-20 zone or alternative transition buffers such as parks or open space.

   F.   Single Housing Type Not Inconsistent With Intent: An MPDO which only involves one type of housing, such as all detached or all attached units, shall not be inconsistent with the stated purposes and objectives of this article and shall not be the sole basis for denial.

   G.   Architectural Style, Appearance:

      1.   While there should be some flexibility for individuality, homes within a development should be of similar character and style to promote harmony within the project.

      2.   The exterior color and materials of all buildings, structures, walls and fences shall comply with general design guidelines and approved by the planning commission.

      3.   Architectural style of buildings shall not solely be a basis for denial of the plan. However, the overall appearance and compatibility of individual buildings to other site elements or to surrounding development will be primary consideration during the MPDO review.

   H.   Street Utilities, Services And Public Facilities: The uniqueness of each proposal for an MPDO may allow specifications and standards for streets, utilities and services to be subject to minor modifications. The plans and specifications and profiles of all streets, utilities and services shall be reviewed by the city staff and the city engineer prior to final approval. Approval of infrastructure plans is required before final approval for an MPDO may be granted.

   I.   Open Space, Parks, Park Strips, Medians, Trails And Others:

      1.   Purpose: The purpose of open space is to provide areas within developed parcels of land that are restricted from development and reserved for uses such as parks, trails, floodway areas, landscaping and topographic features worthy of protection. Open space does not include streets, driveways, parking areas or setback areas. It is the intent of open space requirements to promote a more clustered development land use and encourage the preservation of undeveloped land for a healthier environment.

      2.   General Requirements: The following general requirements pertaining to open space shall be incorporated into the development design and implemented by the developer in compliance with city design standards and specifications and other applicable city design guidelines:

         a.   Where parks, trails and other open space are mastered, planned by the city, proposed by the developer, or required on a parcel or parcels, the developer shall incorporate said open space into the design concept plan for the project and submit the concept plan with suggested improvements, funding and maintenance mechanisms for approval.

         b.   Trails, parkways, and common areas shall be dedicated to the city or retained as private property, at the discretion of the city. On all trails, parkways and other common area retained as private, the developer shall grant an easement to the city and other agencies for access or maintenance on and over the area. Such easements shall not necessarily give the general public access.

         c.   All open space not specifically dedicated to the city, or accepted for ownership or maintenance by the city, shall be perpetually owned by and maintained by the owners or their agents through a special taxing district or homeowners' association with the power to collect fees for maintenance.

         d.   Open space shall be clearly designated on the preliminary and final development plans as to the use and improvements, and may include the following:

            (1)   Dedicated park sites.

            (2)   A dedicated right of way for bike paths, ATV trails, equestrian and hiking trails.

            (3)   Private park and recreation sites.

            (4)   Streetscape areas.

            (5)   Floodway and wash areas.

            (6)   Perimeter landscaping.

            (7)   Detention basins, when appropriately improved to accommodate recreation activities.

            (8)   Natural geographic and topographic features, such as rock formations, washes, wetlands, lava rock and unique vegetation.

         e.   Open space may be left in its natural state, if natural features are worthy of preservation. Natural features shall be protected during construction, kept free of litter and at no time are allowed to constitute a threat to health, safety, fire or flood.

         f.   Adequate guarantees must be provided by the applicant to ensure that open space will be permanent. Guarantees may include deeds for easements, transfers by deed or irrevocable covenants incorporated into conditions, covenants and restrictions.

         g.   All or part of the common space may be reserved for use in common by the residents of the subdivision.

      3.   Open Space Design: The following design requirements pertaining to parks, park strips, medians, trails and open space shall be incorporated into the development design and implemented by the developer in compliance with the city design guidelines:

         a.   All parks approved for public use shall abut at least one public street.

         b.   Parks and open spaces shall be planned, where appropriate, in conjunction with flood detention.

         c.   Park strips and medians along collector streets adjoining the project shall be landscaped by the developer according to the city standards and specifications and design guidelines.

         d.   Buffers are required along all public streets that form the perimeter of a subdivision and all public streets within the subdivision where homes will not front that street. The minimum area for buffer strips, as required by this title, shall be in force.

         e.   Open space buffers may be required to separate the subdivision from other subdivisions or projects where conflicting uses or congested uses may occur.

      4.   Open Space Minimum Requirement: There shall be a minimum amount of area dedicated or reserved as open space as set forth below:

 

If the development includes a mixture of land uses, the percentage of open space required shall be the average based on the collective percentage of each land use as to the total acreage.

   J.   Additional Standards: Additional standards and conditions may be attached to the master planned development overlay zone, which may include, but are not limited to, the following:

      1.   Use limitation.

      2.   Screen planting.

      3.   Paving, location of drives and parking areas.

      4.   Storm drainage and stormwater detention.

      5.   Sidewalk design.

      6.   Construction criteria.

      7.   Shape of lots.

      8.   Grouping and use of buildings.

      9.   Maintenance of grounds.

      10.   Signage.

      11.   Adequacy of vehicular and pedestrian circulation and access.

   K.   Waiving Of Construction Standards And Design Criteria: This article is intended to provide an alternative to the conventional use of land and provide for flexibility in design standards. Construction standards and design criteria may be reviewed on a case by case basis for the use of approved alternatives.

   L.   Affordable Housing: Each MPDO project shall address the placement of community residential setting facilities, group homes and affordable housing in a manner consistent with state law, the federal fair housing act and the city affordable housing plan.

   M.   Professional Design Team:

      1.   The developer of all proposed MPDO developments shall certify that the talents of the following professionals shall be utilized in the planning and construction for the development:

         a.   An architect licensed in the state.

         b.   A landscape architect licensed in the state.

         c.   A registered civil engineer licensed in the state.

         d.   A land surveyor licensed in the state.

         e.   An attorney licensed and authorized to practice law in the state.

      2.   One of these professional consultants chosen by the applicant shall be designated to be responsible for conferring with the city staff. (Ord. 2012.04, 1-18-2012; amd. Ord. 2021.09, 6-16-2021)

   A.   General Requirements:

      1.   Master planned developments may provide for a variety of housing types allowed in any one of the basic residential zoning districts. In addition, the number of dwelling units allowed may be flexible relative to the number of units per acre that would be permitted by the zoning regulations otherwise applicable to the site.

      2.   In determining the densities in the MPDO, the planning commission and city council shall consider increased efficiency in the provision of public facilities and services based, in part, upon:

         a.   The location, amount and proposed use of common open space;

         b.   The location, design and type of dwelling units;

         c.   The physical characteristics of the site;

         d.   Particular distinctiveness and excellence in arrangement, design and landscaping;

         e.   Other upgrades provided by the developer that are determined to be significant for the community.

   B.   Density Bonus: An applicant for a master planned development may be eligible for a density bonus based on additional amenities and creative land use. An applicant may include one or more of the following amenities in the design of the project and be considered for a density bonus. Each amenity is assigned a percentage increase in the total project density for providing that amenity. The bonus increase listed is the maximum allowed, and the planning commission may approve less than the maximum allowed. The sum total of all bonuses allowed may not exceed thirty percent (30%) of the base total density:

   Table A.3.

 

   C.   Density Calculations: Density Calculations (ERU's) will be based on the use and size of the structure built within a project and used to encourage, a variety of unit configurations as set forth in Table C.1. below:

   Table C.1.

 

(Ord. 2012.04, 1-18-2012; amd. Ord. 2021.09, 6-16-2021; Ord. 2021.27, 12-15-2021)

There shall be a three (3) stage review process for all master planned developments, consisting of a conceptual conference and approval, a preliminary site plan approval and a final site plan approval. (Ord. 2012.04, 1-18-2012; amd. Ord. 2021.09, 6-16-2021)

   A.   Preapplication: The applicant is encouraged to meet with the appropriate city staff prior to making application for MPDO approval to discuss the development concept, the review and approval process, and the submittal requirements.

   B.   Information Required: The developer shall provide the following information, together with ten (10) copies, at the preapplication conference:

      1.   Written Statement: A written statement providing:

         a.   Proposed name of the MPDO development.

         b.   Location and legal description.

         c.   Name and address of owners.

         d.   Current title policy on property.

         e.   Name and address and qualifications of design team.

         f.   Type and number of residential and nonresidential uses.

         g.   Buildings/facilities involved with these uses.

         h.   Tentative operation and maintenance data (landscaping, etc.).

         i.   Existing and proposed utilities.

         j.   Existing and proposed public and/or private streets.

         k.   Location of nearest commercial shopping centers.

         l.   General timetable for development.

         m.   Density per net acre.

      2.   Schematic Drawings: Schematic drawings at a minimum scale of one inch equals one hundred feet (1" = 100') showing:

         a.   Existing natural features, such as watercourses, rock outcroppings, wetlands, wood areas and greenways.

         b.   Location of existing utilities and drainageways.

         c.   Location and names of all prior platted streets, parks and utility rights of way.

         d.   General location of existing and/or proposed buildings and structures and their uses, parking, open space and ownership pattern.

         e.   A traffic flow map showing circulation patterns within and adjacent to the proposed development, including trails, sidewalks, streets, parking lots, loading areas, etc. A traffic study, done by a registered professional, may be required.

      3.   Staff Response: Staff shall provide written comments to the applicant on the information provided at the preapplication conference.

      4.   Recommendation Of Planning Commission: After receiving a completed application and after reviewing the comments made by city staff, the planning commission will recommend approval, approval with modifications or denial of the proposed conceptual plan for the MPDO application to the city council.

      5.   City Council Decision: After reviewing the planning commission recommendation, the city council will approve, approve with modifications or deny the conceptual plan for the proposed master planned development overlay zone. (Ord. 2012.04, 1-18-2012; amd. Ord. 2021.09, 6-16-2021)

   A.   Application: Following approval of the conceptual plan by the city council, the applicant shall make application to the planning commission for a master planned development preliminary site plan/preliminary plat approval. Following the application submittal, the planning commission shall hold a public hearing, or any continuance thereof, on the proposed master planned development. Following the public hearing, the planning commission will recommend to the city council approval, approval with modifications or denial of the adoption of master planned development overlay district.

   B.   Information Required: The following information shall be provided at the application stage as an addition to any information required as part of the preapplication review:

      1.   A written statement providing:

         a.   Written consent to the final development and program of all persons owning any interest in the real property within the MPDO.

         b.   A time schedule showing construction commencement, rate of development and approximate completion date for each phase of construction.

         c.   The stages of development of private and public facilities.

         d.   Drafts of proposed covenants and all other documents providing for the maintenance of any public open spaces and recreational areas not dedicated to the city, including agreements by property owners' associations, dedicatory deeds or reservations of public open space.

         e.   Draft of the proposed development agreement.

      2.   Maps and drawings at a minimum scale of one inch equals one hundred feet (1" = 100') showing the precise location of the following:

         a.   Existing contours (due to steep slopes, a 3-D model may be required).

         b.   Contours after development.

         c.   Location and size of proposed storm drainage system, sewer, water, power, natural gas, phone and cable television utilities.

         d.   A street system and lot design with appropriate dimensions. A subdivision plat if the land is to be subdivided shall comply with this requirement.

         e.   Location and dimensions of pedestrian walkways, paths and trails within the site and connecting to surrounding neighborhood, including horse and bike trails.

         f.   Location, arrangement, number and dimensions of off street parking and bike parking as required.

         g.   Location, arrangement and dimensions of truck loading zones.

         h.   Location of existing and/or proposed buildings and structures and their uses, open space and dedicated or reserved properties.

         i.   Preliminary architectural plan depicting the general height, bulk and type of construction and their approximate location on lots.

         j.   Preliminary landscaping plan, including trees, screen planting, walls, fences, etc.

         k.   Location, character and types of signs.

         l.   Preliminary set of construction plans for civil improvements in multiples of ten (10) copies, showing the design of roadways, water lines, sewer lines, gas lines, power and phone lines, along with roadway cross sections and construction details. (Ord. 2012.04, 1-18-2012; amd. Ord. 2021.09, 6-16-2021)

   A.   Determination Of Consistency: At the time of request for final approval, the planning commission shall determine whether the proposal is consistent with the conditions and requirements set forth by the city. This determination will include, but not be limited to, the following:

      1.   Completed and approved development agreement.

      2.   Completed and approved civil improvement construction plans (plans bearing the signatures of all required utilities, the city engineer and the planning and zoning administrator).

      3.   Final plat/final site plan drawing for the initial phase of the development.

      4.   Other conditions imposed by the planning commission or city council.

   B.   Planning Commission Public Hearing; Recommendation: After review and determination, the planning commission will hold a public hearing on the final approval for all MPDO zones and, after such public hearing, will make a recommendation to the city council for approval, approval with changes, or denial of the proposed MPDO zone.

   C.   City Council Review: After receiving the recommendation from the planning commission, the city council may or may not hold a public hearing on the proposed MPDO zone, but will review the proposed MPDO zone for compliance with the criteria of this article. Any MPDO approved by the city council shall be adopted by ordinance as an amendment to the city official zoning map.

   D.   Ordinance Content: The ordinance shall include schedules for development, conditions of approval, requirements for modifications to the approved plan and an expiration date. (Ord. 2012.04, 1-18-2012; amd. Ord. 2021.09, 6-16-2021)

   A.   All persons and parties, their successors, heirs or assigns, who own, have or will have, by virtue of purchase, inheritance or assignment, any interest in the real property within an approved master planned development, shall be bound by the conditions of the master planned development conditions. Failure to comply with such conditions shall be grounds for a repeal or revision of the master planned development.

   B.   The approved final plan and stage developments schedule shall restrict the nature, location and design of all land uses.

   C.   Minor changes in the approved final plan, including extension or revision of the stage development schedule, may be approved by the planning commission, if such changes are consistent with the purposes and general character of the plan.

   D.   All other modifications shall be processed in the same manner as the original application and shall be subject to the same procedural requirements. (Ord. 2012.04, 1-18-2012; amd. Ord. 2021.09, 6-16-2021)

Within two (2) years of ordinance adoption, if substantial construction or development of the master planned development has not occurred in accordance with the approved final development plan and program, the planning commission shall initiate a review of master planned development overlay zone at a public hearing to determine whether or not its continuation in whole or part is in the public interest, and if found not to be, shall recommend to the city council that the master planned development adoption ordinance be repealed. (Ord. 2012.04, 1-18-2012; amd. Ord. 2021.09, 6-16-2021)

   A.   Maximum number of Dwellings equal to 6% of the total ERU’s for the whole MPDO development.

   B.   Primary Access to a Night Rental Development is directly from a major arterial road as identified in the approved Final MPDO Plan.

   C.   Written consent from one hundred percent (100%) of the property owners within the Nightly Rental Development, at the time ofapproving a final plat for said Development.

   D.   All final plats for a Nightly Rental Development shall include a note indicating that Dwellings may be rented on a short-term basis (less than 30 consecutive days).

   E.   The Nightly Rental Development shall have clearly defined boundaries either through landscaping or other forms of screening which still promotes walkability and access to areas outside of said Development.

   F.   At a minimum, Nightly Rental Developments shall provide usable amenities in a central location, as follows:

      1.   One thousand (1,000) square feet of recreation or playground area for the first five (5) Dwellings;

      2.   An additional two hundred (200) square feet for each Dwelling over five (5) Dwellings;

      3.   The average width and length of each usable recreation or playground area shall not be less than twenty feet (20);

      4.   All of the required area shall be usable common space accessible to the entire Nightly Rental Development;

      5.   All required amenities shall be fully constructed prior to construction of fifty percent (50%) of the total project units, or in accordance with an executed development agreement with terms acceptable to the City;

      6.   The number of amenities required depends on the size of the Nightly Rental Development. All amenities shall be provided in accordance with the following:

 

 

      7.   The type of amenities required depends on the nature, size, and density of the Nightly Rental Development. If multiple amenities are required, the type shall vary and shall not entitle the development to additional density bonuses.

      8.   The following is a table of acceptable recreation and enrichment amenities within a Nightly Rental Development:

 

   G.   All required amenities shall be fully constructed prior to fifty percent (50%) of the Dwellings in the Nightly Rental Development receiving a certificate of occupancy.

   H.   In addition to amenities, a minimum of thirty percent (30%) of the lot area shall be maintained in landscaped area, and at least fifty percent (50%) of the front setback area shall be maintained as landscaped area.

   I.   There shall be at least the following number of personnel for each Nightly Rental Development to administer the Nightly Rental Development on a 24 hour a day, 7 day a week basis:

      1.   An onsite manager 24 hours per day with rights to access a Dwelling at any time.

      2.   In addition to an onsite manager, at least one handyman stationed within 30 minutes ‘ drive of the Nightly Rental Development that is available 24/7.

   J.   The Nightly Rental Development shall have an Owners Association and governing documents containing recorded restrictive covenants which:

      1.   Expressly authorizes and discloses the ability to rent a Dwelling on the basis of thirty consecutive (30) days or less.

      2.   Includes all the requirements of Subsections A-L, herein.

      3.   Requires each owner of a Dwelling utilizing the same as a Nightly Rental to have all marketing, maintenance, cleaning and renting of their Dwelling to be performed by a singular third party property management company separate and distinct from a property management company that may manage the Owners Association for the Nightly Rental Development.

      4.   Designates that the property management company performing the marketing, maintenance, cleaning and renting of Dwellings on a basis of less than thirty (30) consecutive days for owners must be selected by the affirmative vote of the Owners Association as required by its governing documents.

   K.   Dwellings within a Nightly Rental Development may not possess more than 4 bedrooms and shall provide off-street parking for at least 4 vehicles.

   L.   Dwellings within a Nightly Rental Development, ifrented on a basis of less than 30 consecutive days, shall have a maximum occupancy of no more than ten (10) persons.

   M.   Prohibit the parking of any vehicles, trailers or watercraft on streets within the Nightly Rental Development.

   N.   The property management company providing the consolidated services of marketing, maintenance, cleaning and renting ofDwellings on a basis of less than thirty (30) consecutive days for owners shall maintain a license as may be required by the Toquerville City Code to operate and manage a Nightly Rental Development.

   O.   The developer of an MPDO shall make an election in their approved Final MPDO Plan whether or not they will have one or more nightly rental developments in their commercial planning areas or if they will simply allow nightly rentals to occur on a disbursed basis in compliance with Section 10-17-3 of this Code. If a developer opts for one or more Nightly Rental Developments, the culinary water connections within that MPDO shall not be considered “Eligible Culinary Connections “ and shall not be used in determining the maximum number of nightly rental business licenses within Toquerville City limits. (Ord. 2023.12, 5-17-2023)

This article shall be entitled the EXTRACTION INDUSTRIES OVERLAY ZONE ORDINANCE. (Ord. 2012.04, 1-18-2012)

   A.   This extraction industries overlay zone will provide for the excavation of clay, soil, granite, flagstone, slate, shale, limestone, sand or gravel, and other similar extraction of natural resources from the land by excavating, stripping, leveling or other compatible extraction processes; and further allow for and regulate the processing of extracted materials on or off site within the city for commercial purposes.

   B.   All permitted extraction uses are considered conditional uses subject to the restrictions herein, and all other conditional use procedures specified in any other applicable city ordinances. (Ord. 2012.04, 1-18-2012)

   A.   The general purpose of the extraction industries overlay zone is to provide for the operation of extraction industries in the city, while being careful to regulate the operation of such industries in such a way as to minimize the adverse impacts created by the operation of such industrial uses, particularly on properties in close proximity to residential zoning districts and to provide regulatory standards and procedures to ensure the reclamation of the extraction industry sites upon completion of the extraction processes.

   B.   Standards for development contained herein are intended specifically to accomplish the following purposes:

      1.   To minimize the adverse effects of development and operation of extraction industries on neighboring properties.

      2.   To preserve and/or reclaim visual and aesthetic qualities of properties in which the extraction industries will operate, which are vital to the aesthetic quality of the city and quality of life of its residents.

      3.   To ensure adequate security is posted to ensure the successful and timely reclamation of properties in which extraction industries operate at the conclusion of such development and operation. (Ord. 2012.04, 1-18-2012)

The extraction industry overlay zone shall be applied and permitted only in the BMP Business Manufacturing Zone and the M-1 Light Industrial Zone as established in chapter 13, article A and chapter 14, article A of this title. (Ord. 2012.04, 1-18-2012; amd. Ord. 2024.13, 8-7-2024)

   A.   Conditional Uses: All uses in this overlay zone shall be considered conditional and may include the following, subject to appropriate conditions approved by the city council based on recommendations of the planning commission:

Accessory uses and buildings, customarily incidental and subordinate to a permitted use.

Agricultural activities.

Sand, gravel, rock, and clay and similar natural resource extraction mining, and quarry activities.

Any combination of the above uses and MU-20 zone permitted uses that are determined by the planning commission to be compatible and in harmony with the intent of this zone, according to the designated and approved site development plan.

   B.   Extraction/Excavation Permit:

      1.   An extraction/excavation conditional use permit is required for any extractive or mining operation permitted under this article. The permit is issued to the owner and operator of the property by the city council. The permit shall delineate the land area to which it is applicable. The permit shall also make specific reference to the requirements and specifications of the approved site development plan and the reclamation plan, and may include any conditions the city council deems reasonable and necessary to accomplish the purposes of this article. This permit will be renewed on an annual basis following the submission to and review of the annual progress report by the planning commission. The city staff will conduct all necessary inspections to assist the planning commission with its annual review and evaluation process.

      2.   The applicant for an extraction/excavation permit shall prepare a site development plan and reclamation plan and application in accordance with the provisions of this article. The application shall also provide the following information as part of the permit:

         a.   Name and address of the property owner (applicant);

         b.   Legal description of the property to be subject to the permit;

         c.   Current land use and applicable zoning;

         d.   Company name and address of the firm retained to undertake the extraction operation, if different from the property owner (applicant); and (Ord. 2012.04, 1-18-2012)

         e.   The applicant shall submit the application fee, which shall be established by the city council. (Ord. 2012.04, 1-18-2012; amd. 2014 Code)

   A.   Generally:

      1.   All applications for an extraction conditional use shall be accompanied by a site development plan with written text for the entire property proposed to be developed. All drawings required below shall be prepared by a professional engineer, licensed in the state.

      2.   The planning commission shall review the information, data and proposals contained in the plan requirements provided under subsection B of this section for the purpose of identifying any adverse effects and impacts created by the development and operation of the proposed use; and to further evaluate the plans and proposals to mitigate, eliminate or repair the adverse effects and impacts.

   B.   Plan Requirements:

      1.   General site plan. This includes all property included in the project showing any buildings, parking areas and roadways.

      2.   Excavation map. This should be a topographic map, at a scale of one inch equals two hundred feet (1" = 200'), to a maximum contour interval of four feet (4'). This map should include a general depiction of the area at least five hundred feet (500') beyond the proposed excavation and showing the location of the operations and proposed haul roads. This map should identify the phases of the excavation, the planned depth and the location of stockpiles, mine tailings, milling and processing systems, and cross sections of the excavation site in areas of greatest material displacement. The number of required cross sections shall be dependent upon the size and topography of the excavation site.

      3.   Development schedule. A text summary of the estimated development schedule and time frame shall be submitted. This text should outline the estimated operational life of the project, and should summarize phased extraction plans and corresponding phased reclamation and estimated time frames for each phase. Any such phased extraction shall require posting of adequate security for completion of the required reclamation, before any subsequent phase of extraction shall begin.

      4.   Roadway plan. This should address the anticipated impact on existing streets, reflecting the trip generation rate, along with the planned development of new streets, including all proposed haul roads and the access for such roads to any state roads. Detail should be provided on the type and number of heavy equipment to be used, assuming full time operation and hauling at forty (40) hours per week and the individual gross vehicular weight. Show travel impact, etc., on any existing city streets, including amount of traffic and proposed mitigation of haul stress on improved city roadways. Additional improvements to, or replacement of, surfaces and subsurfaces may be required as a condition of approval.

      5.   Existing facilities plan. This shows the location of all utility lines and facilities, if any, including, but not limited to, water, sewer, power, cable television, natural gas and telephone within the project. This plan shall indicate the point of connection with municipal service lines.

      6.   Nuisance mitigation plan. This shall outline measures to control and limit dust, noise, vibration, smoke and odor created on the site and any related activities both during actual extraction operations and during idle time. This plan should reflect the requirement that all access and haul roads on the site shall be maintained in a dust free condition by impervious surfacing or some other treatment approved by the city.

      7.   Drainage plan. This shall show all natural and modified surface and subsurface drainage systems and the plans to provide erosion protection to the site during operations. This plan shall include provisions for the mitigation of erosion damage on site and within five hundred feet (500') of the project boundary. Additionally, the plan shall disclose the anticipated rate on a daily basis of water consumption, wastewater discharge, drainage volumes, and source of disposal of water to be used in the operation, and shall demonstrate compliance with all applicable state, federal and county water conservancy district regulations governing wastewater discharge.

      8.   Soils geology report.

         a.   This shall be prepared by a geologist and/or geotechnical engineer specializing in soil mechanics and licensed by the state. It shall be based upon geological evaluations, test borings and excavations in a number and at locations that the author of the report shall demonstrate are sufficient to accurately identify and analyze soil types and geologic features within the planned extraction area. Reduced costs shall not be justification for more distant or convenient locations for excavations and borings. Additional soil/geologic investigations may be required if the report indicates the presence of conditions that, if not corrected or adequately addressed through design, could lead to unacceptable damage, erosion or soil movement during excavation operations or resulting from roadway construction on the parcel or contiguous lots and parcels. Such conditions may include, but not be limited to, expansive soils, high water table, soluble mineral veins, slope instability, buried slides, buried stream channels, fault zones.

         b.   The investigation shall include visual appraisal of adjacent lots/parcels for surface geologic/topographic conditions, which could threaten the proposed extraction site, or could be threatened or degraded by the proposed extraction.

         c.   The soil/geologic report shall also include the following:

            (1)   Slope stability analysis. Conclusions and recommendations concerning the effects of material removal, introduction of water, ground shaking and erosion on slope stability, and recommendation for the protection and preservation of remaining slopes and hillsides after extraction is completed;

            (2)   The location and yield of springs and seepage sites, if any, within the project;

            (3)   The development of a complete soils profile identifying the soils to the depth or level of estimated excavation that will constitute the exposed surface soils at the completion of the extraction excavation operation; and

            (4)   Recommendation for corrective action or design specifications intended to prevent potential dangers identified in the soils investigation, particularly with regard to the mitigation of any impacts on contiguous property.

      9.   Reclamation plan. A reclamation plan as outlined in section 10-15D-7 of this article shall be submitted.

      10.   Other reports. Other reports as deemed necessary by the planning commission for a requested use to assure the health and safety on the project, and the health, safety and welfare of neighboring residents, or general public, may be required from the applicant by written specification. (Ord. 2012.04, 1-18-2012)

   A.   Generally:

      1.   All applications for extraction use sites must include a reclamation plan showing how the site will be reclaimed upon completion of extraction activities to allow for the productive and compatible reuse of the site. All drawings required in this section shall be prepared by a professional engineer, licensed in the state. The plan will be designed to eliminate waste heaps, prevent shallow stagnant bodies of water, small unusable remnants of land, erosion and barren slopes normally associated with open pit operations. The plan shall provide a timetable for all reclamation processes. This may be modified by the planning commission when remaining pits are to be used to provide stormwater detention facilities, in accordance with approved stormwater retention plans.

      2.   The planning commission shall apply the same review and analysis to the reclamation plan requirements as set forth under this article.

   B.   Reclamation Plan Requirements: The reclamation plan shall include in text with appropriate maps and drawings, the following:

      1.   Reclamation timetable.

         a.   The reclamation of excavation sites shall be carried out simultaneously with the excavation of the mineral resource or may be reclaimed in phases as approved by the planning commission and city council. Excavation shall be planned so as to progressively develop the proposed final landforms by grading and stockpiling overburden materials in areas designated for future landforms according to the approved reclamation plan. Such areas are to be seeded and planted immediately after final reclamation grading is completed or within appropriate planting seasons, but in any case, the grading and planting shall be completed within one year of completion of the phased extraction under the approved plan, unless a subdivision preliminary plan has been approved which includes an alternative landscaping plan and timetable which is approved by the planning commission and city council.

         b.   If extraction or reclamation is proposed to be phased, no extraction shall begin in subsequent phases until extraction is completed in any prior phase and appropriate reclamation security has been posted for any such subsequent phase.

         c.   Any approved phased extraction and reclamation shall be incorporated into the extraction/excavation permit and shall be subject to review each year. Failure to comply with reclamation timetables and conditions may result in suspension of the extraction/excavation conditional use permit pending completion of such remediation conditions as may be imposed by the planning commission based on annual review.

      2.   Topographic map. This shall reflect the phases of reclamation and the final site reclamation, including the approximate final finished grade of the site and all slopes. The map will be prepared on a scale of one inch equals two hundred feet (1" = 200'), with a maximum contour interval of two feet (2'). This map should represent the site and all property within five hundred feet (500') of the project boundary.

      3.   Grading plan. This shall show the areas to be reclaimed and the proposed finished grade and the method by which the rehabilitation is to be accomplished; all restoration material used in the final grading of the site shall be free from refuse or toxic contaminants and shall be compacted as much as is practicable. Final soil depths and types shall be appropriate for the future use, as identified in the development plan.

      4.   Revegetation plan. This plan shall include specifications, including the plant type, size, quantities, locations, installation of topsoil, specifications for plant applications, mulching and type of irrigation to be used.

      5.   Drainage/hydrology plan. This shall show the hydrological characteristics of the site after reclamation, including the creation or modification of floodplain, erosion characteristics, drainage patterns and wetlands.

   C.   Building And Equipment Removal: Following the completion of excavation and processing activities, all buildings, equipment and utilities used in the administration and management of the operations shall be removed. This removal shall be completed within the first ninety (90) days following the completion of mining operations.

   D.   Plan Modification: Plan modifications may be submitted any time during the reclamation process. The modifications must be submitted to the planning commission with adequate documentation supporting the request. If the planning commission approves the modification, then the amended reclamation plan will govern the final process. (Ord. 2012.04, 1-18-2012)

   A.   Amount Of Security: The amount of security to be posted by the developer shall be equal to one hundred twenty five percent (125%) of the amount reasonably estimated by the city engineer as being necessary to complete the reclamation and site improvements, if any, as shown on the approved development and reclamation plans. If reclamation is approved in phases, the amount of security may be posted by phase, however, the developer shall not begin extraction/excavation in subsequent phases until the full amount of the security for any such approved, subsequent phase has been posted.

   B.   Security Agreement; Terms: Before issuing or renewing an extraction/excavation permit, the permittee shall execute a security agreement and provide acceptable security in a form approved by the city attorney as provided below. The security agreement prepared by city attorney shall include, without limitation, the following terms and conditions:

      1.   Incorporation by reference of the final site development plan and all data required by this article; and the approved reclamation plan with any conditions which is used to compute the cost of the reclamation by the city engineer.

      2.   Completion of the reclamation within a period of time not to exceed one year from the date of completion of the phased extraction. The time period for the completion of the required reclamation/improvements may only be extended in the following manner:

         a.   Upon approval of the planning commission, the time period may be extended for good cause an additional one year from the expiration date of the original security agreement;

         b.   Said approval shall be in a written form, signed by the mayor as chief administrative officer and the planning commission chairperson.

      3.   The reclamation shall be completed to the satisfaction of the city engineer and according to city specifications as established under this article and/or other applicable city ordinances, and accepted by the city.

      4.   The release of security shall be under the exclusive control of the city. The security proceeds may be released only upon written approval of the mayor.

      5.   The security proceeds may be reduced upon request of the developer as the improvements/reclamation are completed. The amount of reduction shall be approved by the mayor and city council on advice from the planning commission and city engineer, following inspection of the work by the city engineer. Such requests may be made only once every thirty (30) days, and no reductions shall be authorized until such time as the public works department and/or city engineer has inspected the reclamation/improvements and found them to be in compliance with city specifications. All reductions shall be granted only by the written authorization signed by the mayor.

      6.   If the security proceeds become inadequate to pay the actual cost of the completion of the reclamation/improvements according to city specifications for whatever reason, including previous reductions, then the owner/developer and/or permittee shall be responsible for the deficiency and no further permits of any type shall be issued until the reclamation/improvements are completed or a new security agreement has been approved and executed to ensure completion of the remaining reclamation/improvements.

      7.   If, upon written demand of the city after expiration of the security time period, the security proceeds are not transferred to the city within thirty (30) days of the demand, then the city costs of obtaining the proceeds, including the city attorney fees and costs or any outside attorney fees and court costs paid by applicant may be deducted from the security proceeds.

      8.   Upon receipt of the security proceeds after the expiration of the reclamation time period, the costs of completion shall include reimbursement to the city for the costs of administration of the completion of the improvements, including inspection costs, and other applicable costs and fees, including attorney fees incurred by the city in the enforcement of the security agreement and reclamation plan.

      9.   The owner/developer and permittee shall hold the city harmless from any and all liability that may arise as a result of the improvements which are installed until such time as the city accepts the improvements.

      10.   All reclamation/improvements required under this article shall be installed by a contractor or subcontractor licensed by the state.

   C.   Form Of Security: The required security shall be one of the types provided under subsection 10-5-3B of this title.

   D.   Payment Of Interest: Any interest accruing on escrowed funds shall, unless expended for completion of site improvements required, inure to the benefit of the developer and not to the City. The City shall not be required to pay interest to the developer on any funds escrowed for this purpose.

   E.   Release Of Funds/Retainage: The City shall relinquish funds held or security posted for the purpose of securing the payment for reclamation and site improvement work performed according to the development plans as that work is completed. The City shall release funds equal to the actual cost of performing the work as the work progresses, minus ten percent (-10%). The ten percent (10%) retainage shall be held for one growing season following completion of the reclamation work to ensure successful reclamation. Upon satisfactory completion of all required reclamation and site improvement work and successful germination and survival of reclamation revegetation, all funds shall be released to the developer.

   F.   Modification Of Plans/Increased Security: If any approved modification of the reclamation plans, as provided herein, increases the cost of required site improvements, additional security must be provided by the developer to cover the increased costs.

   G.   Phased Projects: Site improvements and reclamation work applicable to each phase of a phased project shall be completed or security for completion provided prior to commencing work on any subsequent phase. (Ord. 2012.04, 1-18-2012)

The permittee conducting excavation operations shall file an operations and progress report with the City at the end of each calendar year. This report shall summarize the year's extraction activities pursuant to the approved development and reclamation plans. This progress report shall include a current site plan, indicating the current extent of operations, reclamation completed and updates on significant issues raised either by the permittee or the City. The progress report shall include calculations by a licensed land surveyor or engineer indicating the volume of material excavated during the calendar year. At completion of any reclamation phase as provided in the reclamation plan, the permittee shall give written notice to the City and request inspection by the City Engineer. (Ord. 2012.04, 1-18-2012)

   A.   Setbacks:

      1.   No part of an excavation operation or access road, parking area, office building or crushing, screening, washing, mixing or other type of processing operation shall be permitted closer than three hundred feet (300') to a residential zone boundary or a subdivision; or within one hundred feet (100') of a public highway right-of-way, except for accessory access roads.

      2.   The Planning Commission shall be authorized to consider modifications to the setback minimums set forth in subsection A1 of this section, when the character of the terrain, the ownership of land, location of surrounding development or other special conditions would justify such modification. However, in no case shall the required distances for any excavation or accessory structure be less than one hundred feet (100') from a residential zone.

   B.   Fencing: Areas of excavation with serious or hazardous conditions shall be reasonably fenced. Fences shall not be placed closer than ten feet (10') from the edge of any cut slope.

   C.   Grading/Excavation:

      1.   All grading shall comply with standard engineering specifications for slope stabilization in accordance with the latest approved reclamation plans, IBC, appendix J, "excavation and grading", and all other applicable City ordinances. Slopes shall be maintained in a manner that will prevent erosion damage on adjacent properties.

      2.   Grading shall comply with approved grading plans for the excavation and reclamation activities.

   D.   Groundwater Contamination:

      1.   Extractive operations, drainage, materials storage and use, site access, access to roadways that cross waterways, fueling procedures, reclamation activities and postreclamation uses shall be strictly controlled so as to minimize any possible contamination of the groundwater or surface water.

      2.   Standards adopted by the City, in groundwater protection ordinances, or by the Washington County Health Department, Washington County water conservancy district and/or the state, and federal regulations, shall be used to determine the specific controls, programs, safeguards, restrictions and monitoring required for a specific site. The most restrictive standards shall apply.

      3.   The washing of sand and gravel or other extracted materials shall be done so as to prevent the discharge of wastewater directly into adjacent natural watercourses or onto any public or private roads or any private property without the consent of the property owner.

   E.   Hours Of Operation:

      1.   Excavation operations shall not begin before seven o'clock (7:00) A.M., and shall not continue after the hour of six o'clock (6:00) P.M. No operations shall take place on Sunday or legal holidays.

      2.   Operations that are isolated from other nonobjecting property owners and have access to major transportation routes with little disturbance to residential neighborhoods, may have modified hours of operation as approved by the planning commission.

   F.   Landscaping; Screening Accessory Uses:

      1.   Approved reclamation landscaping plans shall be prepared to screen the accessory uses of resource extraction and processing activities from public streets and abutting properties.

      2.   All planting shall conform with the approved reclamation landscape plan and specifications and shall be maintained in a healthy, growing condition.

      3.   The planning commission may consider the use of topsoil berms as a screening device. Topsoil berms, when authorized as a screening device, shall be maintained in such a way so as to minimize erosion and dust. The planning commission may require berms that are expected to remain in place for more than a year to be landscaped in accordance with a landscaping plan approved by the planning commission.

      4.   Landscaping should be situated at the perimeters of the site adjacent to uses determined by the planning commission to be incompatible with the excavation operation.

   G.   Nuisance Abatement:

      1.   All equipment on and off site, utilized in the extraction and/or processing operations, shall be operated and maintained so as to minimize the noise and vibration from the site.

      2.   Access and haul roads on the site shall be maintained in a dust free condition by surfacing or other treatment (approved by the city).

      3.   Soil berms, landscaping and other techniques should be used to accomplish the objective of reducing the impact of nuisances created by the project on adjacent property. The permittee shall employ all reasonable means to reduce and mitigate the creation of nuisances, such as dust, noise, smoke, lights and odor.

      4.   The permittee shall continue dust control procedures as deemed necessary by the planning commission during periods of nonoperation as well.

   H.   Related Manufacturing Operations: The manufacture of concrete building blocks or other similar products, the production or manufacture of lime products, the production of ready mixed concrete and concrete products, the production of asphalt mixes and any similar production or manufacturing processes that might be related to the excavation operation shall not be permitted, except as otherwise provided for in this title. (Ord. 2012.04, 1-18-2012)

   A.   Application; Fee: The applicant shall submit an application and fee along with the site development plan and reclamation plan at least twenty (20) working days prior to the regularly scheduled planning commission meeting. The applicant shall submit seven (7) copies of the application materials.

   B.   Review: The planning staff shall contact interested department personnel of city and other public agencies for review purposes. The planning staff shall furnish to the applicant any comments regarding the site development plan and reclamation plan which may assist the applicant in their preparation of the project presentation for the planning commission.

   C.   Planning Commission Review: The completed application shall be submitted to the Planning Commission for review pursuant to the conditional permit review process under chapter 20 of this title.

   D.   Recommendation To City Council: The Planning Commission may recommend that the City Council approve, modify or deny any application for an extraction/excavation permit conditional use permit pursuant to the requirements of this title. In recommending approval of any extraction excavation permit, the Planning Commission shall impose such requirements and conditions as required by law and any additional conditions as deemed reasonable and necessary for the protection of adjacent properties, public improvements and the public welfare.

   E.   Requirements For Approval: The Planning Commission shall not recommend approval of an extraction/excavation conditional use permit unless it is clearly shown:

      1.   Such use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity.

      2.   The proposed use will comply with the regulations and conditions specified in this article for such use.

      3.   Any impacts created by the proposed use, such as dust, noise, vibration, water discharge, drainage and haul stress on improved City roadways, will be reasonably mitigated under the proposed site development plan, together with any conditions imposed by the City under the extraction/excavation conditional use permit.

      4.   The proposed use will conform to the intent of the City general plan.

   F.   Open, Public Meeting: Upon recommendation for approval to the City Council, the application for conditional permit shall be placed on the City Council agenda for its regular meeting and shall be reviewed in open meeting by the City Council. The City Council may, upon review, set the matter for a public hearing with appropriate public notice at least fourteen (14) days prior to such public hearing, if the Council finds, based on its review, that such hearing is appropriate and necessary. Following a public hearing, or if no public hearing is convened, the City Council may approve, approve with modifications or additional conditions, or deny any application for an extraction/excavation conditional use permit. (Ord. 2012.04, 1-18-2012)

   G.   Appeal: The applicant may appeal the final action of the City Council to the Appeal Authority pursuant to Utah Code Annotated section 10-9a-703 and pursuant to the procedures set forth in chapter 3 of this title. (Ord. 2018.07, 12-13-2018)

   H.   Procedure On Appeal: Appeals of a final decision regarding the application for an extraction/excavation conditional use shall follow the procedure outlined in section 10-3-2 of this title. (Ord. 2012.04, 1-18-2012; amd. 2014 Code)