A.   Purpose: The purpose of the hillside protection overlay (HP) zone is to protect the health, safety and general welfare of the residents while protecting and preserving significant scenic resources for the long term benefit of Washington City as a whole. This is facilitated by establishing a hillside review board (HRB) as a recommending body to staff, the planning commission and the city council. The HRB will review proposed projects in the HP zone based on this article. Additionally, the purpose of this HP zone is to further the goals and policies of the general plan in relation to land use, densities, open space and community image.

   B.   Intent: The standards set forth herein are intended to achieve the following objectives:

      1.   Minimize adverse soil and slope instability; decrease the potential for erosion; and prohibit activities and uses which would result in the degradation of fragile soils and steep slopes.

      2.   Protect and preserve the visual resources which are of significant value to the community. Such resources include, but are not limited to, major hillsides, hilltops, ridges and ridgelines, knolls, mesas, cuestas and escarpments, boulder outcroppings and large boulders, canyons and natural drainage areas, and other areas of historical or visual significance. Retain the integrity of significant on site and off site views to or from these resources.

      3.   Minimize the adverse effects of grading and cut and fill operations; avoid highly visible scarring of hillsides; and protect natural vegetation, sensitive hydrologic features, and visually prominent landforms.

      4.   Discourage mass grading and terracing of large pads but permit flexibility for reasonable development practices as appropriate.

      5.   Establish a hillside development process that requires applicants to select suitable development sites on their property through the use of slope calculations, maximum land holding capacity, or development agreements to determine the appropriate density, intensity, design and location of structures and improvements.

      6.   Provide hillside development standards that maximize the positive impacts of site sensitive design, grading, landscape architecture and building architecture that will protect the inherent scenic value in the proposed projects subject to this article.

      7.   Permit the flexibility to modify or remove relatively small topographic features which have slopes distinctly different from surrounding property in order to facilitate reasonably efficient development in a particular area. The exclusion of such features or areas shall not be contrary to the overall purpose of this article.

      8.   Encourage the appropriate location, design and development of proposed projects which provide enhanced human enjoyment, while protecting people and property from hazardous conditions, including rockfalls, rolling boulders, unstable slopes, landslides, mudslides, and erosion.

      9.   Minimize the impacts of development to the surrounding natural environment by controlling the location, intensity, pattern, design, construction techniques, and materials of development. (Ord. 2008-23, 6-11-2008)

The standards and procedures established by this article shall apply to all lands lying within the HP zone as delineated in exhibit A attached to the ordinance codified herein. In addition, all properties seeking annexation or preapproval of projects pending annexation to the city will be evaluated according to the standards and procedures outlined in this article.

   A.   Hillside Protection Overlay (HP) Zone: The HP zone is delineated in the hillside protection overlay (HP) zone exhibit A attached to the ordinance codified herein. The HP zone established by this article shall overlay the existing zoning classifications listed in this title. Except for the clustering provisions that are a part of this article, in cases of conflict between the provisions of this article and other established regulations, the most restrictive provisions shall apply. The exact location of the HP zone boundary may be refined jointly by the city and the applicant as detailed topographical information is closely examined at the time of application review and processing. The precise location of the HP zone boundary shall remain consistent with the intent of this article, especially in regard to the protection of key natural features and edge conditions.

   B.   Exemptions From HP Zone Requirements: The following actions and activities are exempt from the application procedure of this article. However, while these actions are exempt from specific requirements, the development standards necessary to accomplish the purpose and intent of this article shall be met (e.g., the mitigation of disturbed areas that are not planned for development in the foreseeable future).

      1.   Construction or minor excavation that does not require a grading permit or a building permit. However, development plans shall be submitted to the community development department for city review to determine possible mitigation requirements prior to any actions or activities taking place.

      2.   The construction and installation (trenching, utility construction and backfilling) of underground utility systems.

      3.   The regrading of existing lots for landscape installation provided such regraded area is within the buildable area of the development.

      4.   Pool/spa construction that does not involve the construction of any retaining walls over four feet (4') in height, whether or not such retaining walls are part of the pool structure.

      5.   Additions to existing structures and/or construction of accessory structures within the buildable area of a lot unless a grading permit for establishment of same is required.

      6.   Any project that has received final city approval prior to the effective date of this article, provided that such permit or approval has not expired, is not otherwise revoked, and is in compliance with the HP zone requirements that this article supersedes.

      7.   The construction of a public street identified in the Washington City general plan and/or transportation master plan that is not part of any overall development project (e.g., a street proposed primarily for improved circulation within the city and not to provide access to any particular parcel or development).

   C.   Hillside Classification Standards: Each slope category range delineates the relative suitability of land for development.

      1.   Categories: The slope categories are described as follows:

         a.   0 percent to 20 percent; flat to gently rolling land: Development with grading is permitted in this slope category. Padded building sites are permitted; however, on slopes greater than fifteen percent (15%), techniques such as contour grading, split level architectural prototypes where feasible, or grading for the structure pad only, shall be used to reduce cut and fill.

         b.   20.01 percent to 25 percent; moderate hillside: Special hillside architectural and design techniques that minimize grading and harmonize with the built and natural environments are required in this slope category. Architectural prototypes and infrastructure elements are expected to complement the natural landform by using techniques required herein. Impact of streets and trails is to be minimized by following natural contours where practicable.

         c.   25.01 percent to 30 percent; hillside: Development within this slope category shall be limited to slopes where it can be demonstrated that safety, environmental, and aesthetic impacts can be minimized. The use of planning and design techniques such as larger lots, variable setbacks, and appropriate building structural techniques (e.g., stepped slabs, pole foundations, etc.) are expected. Structures shall blend with the natural environment through their shape, materials, and colors. Impact of streets and trails are to be minimized by following natural contours where practicable.

         d.   30.01 percent to 40 percent; steep hillside: This is a sensitive slope condition and development is prohibited unless a specific exception is allowed by the city as outlined in this article.

         e.   Greater than 40 percent; mountainous: This is a severe slope condition and development is prohibited unless a specific exception is allowed by the city as outlined in this article.

      2.   Restrictions And Incentives: Both restrictions on and incentives for potential development apply to the HP zone in order to preserve the character of the natural terrain as much as possible. The following provisions shall be applied to development within the HP zone:

   SLOPE, MAXIMUM DENSITY, AND REQUIRED OPEN SPACE

 

 

Notes:

1.   While the maximum number of dwelling units allowed may be less than allowed by the underlying zoning designation, the number of dwelling units allowed in each slope category shall not exceed the maximum number of dwelling units allowed by the underlying zone. (See notes 3 and 4 of this table for exceptions.)

2.   Allowed dwelling units transferred to a lower slope category are entitled to a steep slope protection bonus (see subsection D of this section).

3.   Density credits are equivalent to dwelling units and are valid only when transferred to an area within a slope category of 30 percent or less. Transferred density credits may also be entitled to a steep slope protection bonus (see subsection D of this section). Transferred density credits are permitted in addition to the maximum number of allowed dwelling units in the receiving slope category.

4.   A percentage of the total land area in some slope categories as indicated shall be dedicated as permanent undisturbed open space, and the allowed development and dwelling units (if any) shall be clustered on the remaining land area (unless a specific exception is allowed by the city as outlined in this article). The percentage of open space area required is based on the overall development area rather than per lot. Any previously disturbed areas that are to be classified as permanent open space shall be reclaimed to blend with the surrounding terrain and native vegetation.

5.   Except for the reclamation of previously disturbed hillsides, hillside slopes calculated to be greater than 30 percent shall not be disturbed (unless a specific exception is allowed by the city as outlined in this article) and shall be designated on site plans and subdivision plats as permanent undisturbed open space. Areas with slopes greater than 40 percent shall not be included in the calculations for determining open space for a zoning district that has an open space requirement; however, dedicated open space areas with slopes of 40 percent or less may be counted toward the open space requirement.

      3.   Exceptions To Slope Category Limitations: Large contiguous land areas of 30.01 percent plus slopes that comprise prominent landforms and ridgeline features that express the significant or unique character of a property shall not be disturbed. However, other land areas of 30.01 percent plus slopes may be disturbed or significantly altered if the applicant demonstrates to the city general compliance with the purpose and intent of this article regarding the preservation of prominent hillside and ridgeline features. This compliance shall be demonstrated in a slope analysis exhibit and through other supporting images or data provided by the applicant (see subsection 9-12A-3D of this article). Examples of such landforms may include, but are not limited to, existing manmade slopes, singular or isolated topographic features, the side slopes of small washes, and minor rock outcroppings that are not a part of prominent hilltops or ridgelines.

   D.   Clustering And Steep Slope Protection Bonus For Residential Zones: Each allowed dwelling unit that is transferred from a higher slope category to a location within a lower slope category land area (based on the slope analysis exhibit outlined in this article) is entitled to a steep slope protection dwelling unit bonus. This encourages the clustering of dwelling units, the preservation of open space and the protection of steep slopes and prominent ridgelines. The density transfer shall be indicated on a preliminary plat. Transferred density credits are also entitled to any steep slope protection bonus as outlined below. The steep slope protection bonus is as follows:

   STEEP SLOPE PROTECTION BONUS DWELLING UNITS

 

      1.   Density transfers may occur without a zone change to the receiving parcel even though the resulting lot sizes or density may exceed the limits of the underlying zone, provided that the use in the receiving parcel is consistent with the receiving parcel's zoning.

      2.   Development standards such as minimum lot size, lot width and setbacks for structures in the receiving parcel's underlying zone may allow flexibility for the clustering of units in the HP zone. The guiding principle for allowing such development standards to be less than the minimum requirements in the receiving parcel's underlying zone is that the overall development is designed to leave as much of the natural terrain in its undisturbed condition as possible. However, in some cases and certain locations development standards for structures may need to be greater than the minimum standards in order to uphold safety and general welfare standards or to preserve a prominent or unique feature of the natural terrain. The use of unit clustering and the flexibility of these standards are to be shown on the conceptual plan, and setbacks and maximum disturbance areas shall be listed and shown on the approved site plans and subdivision plats.

      3.   For developments that use the steep slope protection bonus and clustering provisions outlined herein, a development agreement between the city and the developer shall be executed outlining the provisions upon which the development was approved, including the responsibility for maintaining permanent open space. (Ord. 2008-23, 6-11-2008)

   A.   Applicable Provisions: The application procedure described in chapter 2 of this title for permitted uses, chapter 17 of this title for conditional uses, chapter 8, article F of this title for planned unit developments, and the subdivision ordinance for subdivision plats shall be adhered to as described in the underlying zoning district.

   B.   Permits Required: No person shall grade or construct upon property defined in the HP zone without first obtaining proper permits issued by Washington City. This includes an HP zone permit, which shall be issued by the individual or body designated to grant approval upon completion of an HP zone plan review and approval by the planning commission or the city council. Development plans in the HP zone may be approved subject to conditions. The individual or body designated to recommend or grant approval shall evaluate each plan and recommend or require, as the case may be, corrections and conditions. Plans shall demonstrate compliance with adopted building and grading codes in addition to this code.

   C.   Application And Cost Recovery: Application shall be made for HP zone plan review upon the forms provided by the city. The application shall be accompanied by the required reports described below. Costs for city staff review and approval of required documents under this section shall be recovered through a fee established by resolution of the city council.

   D.   Required Documents: The following documents are required to be submitted to the individual or body designated to grant approval. Conditions of approval may be established based on the findings of such documents. These conditions shall become a part of the record and be considered binding upon the applicant as part of the approved plan. The HRB shall review the submittal and provide a recommendation of denial, approval or conditional approval to city staff, the planning commission, or the city council, as the case may be.

      1.   Slope Analysis Exhibit: A detailed slope analysis exhibit shall be prepared for all parcels containing areas determined to be within the HP zone as defined herein.

         a.   For the slope analysis, the applicant shall use a base topographical map of the subject site, prepared and signed by a Utah licensed civil engineer or land surveyor. This base topographical map shall include all adjoining properties within one hundred fifty feet (150') of the site boundaries to portray the site's context.

         b.   The slope analysis calculations shall be prepared by a Utah licensed professional who is proficient in creating the exhibits with the use of computer software designed for preparing said exhibits. This slope analysis shall be prepared using CAD based or GIS based software specifically designed for such purpose. Contours on the exhibits shall be prepared using no greater than two foot (2') contour intervals at a scale of not less than one inch equals two hundred feet (1" = 200'). The slope analysis exhibit shall delineate slope bands, with contrasting colors, for the following slope ranges: Zero percent (0%) to twenty percent (20%), 20.01 percent to twenty five percent (25%), 25.01 percent to thirty percent (30%), 30.01 percent to forty percent (40%), and 40.01 percent or greater.

         c.   The slope analysis exhibit shall include a tabulation chart indicating the land area in acres within each slope category as identified herein.

         d.   Also included in the slope analysis exhibit shall be a sufficient number of slope cross sections to clearly illustrate the extent of the proposed grading. The slope cross sections shall:

            (1)   Be drawn at the same scale and indexed, or keyed, to the existing topography, grading plan, and project site map. Both vertical and horizontal scales shall be indicated and be of the same scale. The slope cross sections shall extend at least one hundred fifty feet (150') outside the project site boundaries to clearly show impact on adjacent property. Slopes shall be calculated in intervals no greater than forty feet (40') along the cross sections.

            (2)   At a minimum, be drawn along those locations of the project site where:

               (A)   The greatest alteration of existing topography is proposed.

               (B)   The most intense or massive development is proposed.

               (C)   The site is most visible from surrounding land uses.

               (D)   Grading will impact natural drainage conditions.

            (3)   At least two (2) of the cross sections shall be roughly parallel to each other and roughly perpendicular to existing contour lines.

            (4)   The slope cross sections shall be stamped and signed by a Utah licensed professional proficient in creating such cross sections indicating the datum, source, and scale of topographic data used in the cross sections. The signer shall attest to the fact that the cross sections have been accurately calculated and identified.

            (5)   The slope cross sections shall show existing and proposed topography, structures, and roadways. Proposed topography and features shall be drawn with a dashed line. Existing topography and features shall be drawn with a solid line.

      2.   Concept Plan: The concept plan shall be reviewed by the individual or body designated to recommend or grant approval. Any application for a use in the HP zone shall include a conceptual plan of the proposed development which includes the following:

         a.   General Information:

            (1)   Name, address and telephone number of applicant.

            (2)   Names, addresses and telephone numbers of the persons responsible for the preparation of any required reports.

            (3)   Date of application.

            (4)   Signatures of the owners of the site or of an authorized representative.

         b.   Vicinity Map: A vicinity map showing the location of the site in relationship to the surrounding area, watercourses, hillsides, prominent geographic features, roads and other significant features and structures.

         c.   Plan: A plan of the proposed development at a scale of not less than one inch equals two hundred feet (1" = 200') illustrating:

            (1)   Boundary Lines: Boundary lines of the site and development to be made thereon.

            (2)   Preservation Areas: Any identified preservation areas within which development shall be prohibited.

            (3)   Improvements: All existing and proposed improvements.

            (4)   Zone Limits: The limits of the HP zone if only a portion of the property is within the HP zone.

         d.   Development Type: The type and nature of the development.

         e.   Goals: The goals and objectives of the developer.

         f.   Compatibility With City Plans: The development's relationship to and compatibility with the general plan and other city master plans.

         g.   Existing Conditions Photographs: Digital photographs of the site as it exists at time of application. The photographs shall include the number of views adequate to depict the visual character of the entire site and any special features, especially prominent ridgelines or landforms and any topographical areas with steep slopes and/or unique topographical features planned for disturbance. A minimum of three (3) views of the area of the proposed development as seen from surrounding properties shall be included.

      3.   Technical Reports:

         a.   Grading Plan: A grading plan, at a scale of not less than one inch equals two hundred feet (1" = 200'), shall show the existing and proposed contours and cross sections, and proposed areas of cut and fill. A legend with appropriate symbols which shall include, but not be limited to, the following items: top of wall, top of curb, high point, low point, elevation of significant trees, spot elevations, and pad and finished floor elevations. Accurate contours, at no greater than two foot (2') contour intervals, showing the topography of the existing ground extending at least one hundred fifty feet (150') outside all boundary lines of the site, or more if needed to sufficiently show on and off site drainage, shall also be included. The grading plan shall include a description of the import and export methods to be employed in acquisition or disposal of soil and other material, including the location of the disposal site. A schedule shall be included showing when each stage of the project will be completed, including the estimated starting and completion dates.

         b.   Drainage Report And Plan: A drainage control plan and report shall be prepared by a Utah licensed professional civil engineer, and must be consistent with all other reports required in this section or other reports required in applicable sections of the building code.

            (1)   The drainage plan and report shall show all surface and subsurface natural drainage systems and facilities, walls, curbing or other erosion protection devices to be constructed in connection with or as part of the proposed work, together with a map showing the drainage area and estimated runoff of the area to be served by any drainage systems or facilities.

            (2)   Each lot or parcel shall be designed in such a manner that stormwater or nuisance water shall not adversely impact other properties in the area. Property development shall not unnecessarily cause a natural drainage channel to be filled in, obstructed or diverted. When modification to a natural drainage channel is proposed within the development, such changes will be addressed in the drainage study and shown on the improvement plans, and the developer may be required to dedicate rights of way or record drainage easements for structures and/or improvements needed to carry storm runoff in the event approval is given for the proposed modifications.

            (3)   All drainage systems shall be separate and independent from the sanitary sewer system.

            (4)   Drainage and flood control shall be designed in conformance with applicable city and state drainage, flood control and engineering standards, and shall comply with the city's stormwater master plan. Detention or retention features shall be designed on site to limit conveyance of the stormwater from a 100-year frequency storm event onto streets or stormwater drainage easements without creating flood hazards to dwellings.

            (5)   If an underground pipe system is required, it shall be designed to carry a 10-year storm at a minimum. Major hydraulic structures shall be designed to carry a 25-year storm at a minimum. The minimum storm drain size shall be ten inches (10").

            (6)   Detention or retention shall be required where it is suitable as confirmed by all required reports. Detention basins shall be used for the purpose of eliminating the effects of the peak runoff of storms and releasing water flow at the preproject or approved rate.

         c.   Improvements Plan: This plan shall show any existing and proposed buildings or structures and cross sections of the areas where they are or will be located, and all proposed roads, utilities, easements and drainage channels on the property where the work is to be performed. Also, the location of any buildings or structures on adjacent property which may be affected by grading operations shall be shown.

         d.   Geotechnical Report: The "Geologic Hazard And Adverse Conditions, St. George - Hurricane Metropolitan Area" document and maps prepared by the Utah geological survey in 2007, shall be reviewed when considering a site for development. A Utah licensed professional engineering geologist or a Utah licensed professional engineer who is trained and experienced in the practice of geotechnical engineering shall prepare the geotechnical report. The geotechnical report shall include the following:

            (1)   A general description of the topography, drainage conditions, surface vegetation, and surface features such as rock outcroppings, existing structures, debris, and unstable or wet conditions.

            (2)   A location map showing the footprints of the planned improvements and the exploration locations with elevations.

            (3)   An evaluation of the subsurface conditions, including a complete record of the explorations, laboratory test results, and the elevation of the water table, if encountered.

            (4)   Identification of potential geotechnical constraints on the project site (such as expansive rock and soil, collapsible soil, shallow bedrock and caliche, gypsiferous rock and soil, potentially unstable rock or soil units, shallow ground water, and windblown sand), and recommendations for their mitigation.

            (5)   The locations of any springs and seeps on the project site, and recommendations concerning the effects of the springs and seeps on the proposed development.

            (6)   Specific geotechnical recommendations for the design and construction of the proposed project, which shall include the following:

               (A)   A general assessment of the requirements needing to be met to develop the proposed site.

               (B)   Site preparation and grading, and the suitability of the on site soils for use as structural fill.

               (C)   Stable cut and fill slopes, including recommendations concerning the effects of material removal and the introduction of water, both on and off site.

               (D)   Recommendations for foundation type and design criteria, including, but not limited to, bearing capacity of natural or compacted soils, provisions to mitigate the effects of expansive, compressible or collapsible soils, differential settlement and varying soil strength, and the effects of adjacent loads.

               (E)   Anticipated total and differential settlement.

               (F)   Special design and construction considerations, as necessary, such as the excavation and replacement of unsuitable materials, excavation difficulties, stabilization, or special foundation provisions for problem soil conditions.

               (G)   Design criteria for restrained and unrestrained retaining walls.

               (H)   Soil corrosion.

               (I)   Moisture protection and surface drainage.

            (7)   Detailed design recommendations for any planned rockery walls, mechanically stabilized earth (MSE) walls, and/or reinforced fill slopes.

            (8)   A detailed slope stability analysis may be required if potentially unstable rock or soil units or slope creep have been identified on the site. The analysis shall include, but not be limited to, a determination of residual shear strength, soil saturation and treatment methods required to provide a minimum safety factor of 1.5 for any identified slope within the project boundary.

         e.   Geology Report: The "Geologic Hazard And Adverse Conditions, St. George - Hurricane Metropolitan Area" document and maps prepared by the Utah geological survey in 2007, shall be reviewed when considering a site for development. A Utah licensed professional engineering geologist or a Utah licensed professional engineer who is trained and experienced in the practice of geotechnical engineering shall prepare the geology report. The geology report may be included in the geotechnical report, and shall include the following:

            (1)   The location and boundaries of the project site and its general geologic setting.

            (2)   A description of the specific geologic conditions at the site.

            (3)   Identification of potential geologic hazards (such as faults, landslides, rockfall, flooding and liquefaction).

            (4)   Conclusions and recommendations regarding the effects of the geologic conditions and any potential hazards on the proposed development, and recommendations to minimize any hazard to life or property, or any adverse impact on the natural environment.

         f.   Landscape Plan: A landscape plan and report shall be prepared by a Utah licensed professional landscape architect. The report shall include a description of existing vegetation, a plan of any proposed revegetation of the site or modifications to existing vegetation, and a plan for the preservation of existing vegetation during construction activities.

         g.   Other Reports: Other reports deemed necessary by the individual or body designated to recommend or grant approval to assure the health, safety and welfare of the project residents or general public may be requested from the applicant by written specification. These may include phase I or phase II environmental hazardous materials studies, biological resources reports, or other reports. Such reports shall be submitted with other application materials.

         h.   Grading Limit Monuments: Permanent monuments shall be installed to permit monitoring and enforcement of the grading limits during and after construction activities. The monuments shall be installed at locations determined by the individual or body designated to recommend or grant approval in accordance with the specifications included in the latest edition of the "Washington City Construction Design Standards". Monuments shall be installed and preserved during construction at the sole expense of the applicant.

      4.   Additional Exhibits Or Reports: The individual or body designated to recommend or grant approval may require additional visual analysis exhibits or other reports to adequately address unique circumstances and comprehend the full impact of any proposed development in the HP zone.

         a.   The city may, at its discretion, require additional information such as line of sight/view analysis for particular features or analysis of views to/from specific locations. City staff shall determine the number of any additional exhibits required and their locations and perspectives by visiting the site with the developer's representative.

         b.   Furthermore, in some cases the city may require the preparation of computer generated three-dimensional imaging or photo embedded visual simulations to adequately depict the postdevelopment conditions and their impact on the visual character of the site. Included shall be depictions of any topographical areas with steep slopes and/or unique topographical features planned for disturbance, illustrated at a distance and perspective that will adequately illustrate postdevelopment conditions along with the proposed mitigation for development. In tandem with these exhibits, predevelopment digital photographs of the site, showing identical views utilized in the postdevelopment computer generated three-dimensional imaging exhibits or photo embedded visual simulations, shall be included for comparison. City staff shall determine the number of computer generated exhibits and their locations and perspective by visiting the site with the developer's representative.

   E.   Approval Required Before Excavation: It shall be unlawful to excavate or grade any area within the HP zone prior to final approval of the site plan for permitted uses and conditional uses and approval of the preliminary plat or minor subdivision plat for subdivisions by the planning commission and city council, and prior to final approval of the required construction drawings for said site plans and subdivisions by city staff, and prior to the installation of the grading limit monuments as required.

   F.   Bonding: The individual or body designated to grant approval shall require the applicant to post a bond to ensure completion of revegetation projects, the stabilization of a grading site, cuts and fills, the construction of stormwater drainage facilities, and other hazard mitigation measures required in the approval of an application. Such bonds shall comply with the provisions outlined in section 10-5-4 of this code.

   G.   Appeals: In the event of a disagreement with the requirements imposed by city staff or the planning commission designated to grant approval in connection with this article, or the determined lack of completeness of the required submittals of this article, an applicant may appeal the matter to the board of adjustment. The board of adjustment may uphold, modify or rescind any requirements imposed by city staff or the planning commission, but must ensure that the purpose and intent of this article are met. In the event the applicant is dissatisfied with the decision of the city council pertaining to a hillside development permit request, the applicant may appeal the decision to a court of competent jurisdiction as permitted by Utah Code Annotated section 10-9a-704.

   H.   Subdivisions Of Record: The requirements of this article shall not apply to developments or subdivisions which were approved prior to the enactment of this article. Projects which have received preliminary plat approval from the planning commission or city council, as applicable, shall be considered approved for the purposes of this article. Projects approved prior to adoption of this article shall be governed by the statutes under the previous hillside protection overlay (HP) zone ordinance.

   I.   Plan Certification: The individual or body designated to grant approval shall certify the concept plan and issue a hillside development permit following approval by the planning commission and city council. The following technical reports and plans shall be certified as described prior to final plat approval, certification of the concept plan and issuance of a hillside development permit or building permit.

      1.   Grading Plan Certification: Upon completion of rough grading work and prior to any excavation for foundations or structures, an as graded plan prepared and certified by the Utah licensed civil engineer who prepared the approved grading plans shall be submitted to the community development and public works departments for review and approval. The as graded plans shall include original ground surface elevations, as graded surface elevations and all other features that were a part of the approved grading plan. The engineer shall provide certification on the as graded plan that the work was done in accordance with the approved grading plan and the city's grading requirements.

      2.   Landscape Plan Certification: Landscape and irrigation plans shall be prepared by a licensed landscape architect and shall be submitted to and approved by the community development department. A Utah licensed landscape architect shall certify that the plans comply with the city's water conservation and landscape requirements.

      3.   Drainage Plan Certification: The drainage plan shall be approved by the city engineer. The plan shall be prepared in conformance with guidelines available in the city engineer's office. The point of location where the natural drainage channel enters and leaves the property may not be changed without approval of the city engineer.

      4.   Construction Drawings And Improvements Plan Certification: The construction drawings and improvements plan shall be reviewed and approved by the city engineer. The city engineer shall verify that any existing buildings or structures, and all roads, easements and drainage channels on the property where the work is to be performed or on adjacent properties is accurately illustrated and described.

      5.   Other Certification: Other reports deemed necessary by the individual or body designated to grant approval may require certification. If necessary, any requirements for approval will be described at the time of the initial written request for additional technical reports, and certification will depend on the procedure, conditions, or terms described therein.

   J.   Verification Of Compliance: For developments on a development parcel applicable to this code, as defined in section 9-12A-2 of this article, certification by a Utah licensed engineer that the development has been completed in compliance with the approved hillside development permit, including satisfaction of any conditions contained in the permit, shall be required. Restoration bonds shall not be released, and certificates of occupancy shall be withheld for such a development, until such certification has been received by the city engineer.

   K.   Penalties: In addition to the penalties outlined in section 9-2-9 of this title, a city officer from the community development or public works departments shall have the right to order a halt to construction of any improvements within an HP zone where, in the officer's discretion, there exists a condition which violates, or threatens to violate, any provisions of this article. Such suspension of construction activities shall continue until the city officer is satisfied that measures have been implemented for substantial compliance with this article. The developer may appeal to the board of adjustment. The city may enter legal proceedings to require any person who violates this article to fund and return a site to the condition found prior to any disturbance, with a city official to determine when this natural state has been achieved, or to set specific requirements necessary to achieve the natural and restored state. Legal proceedings may also seek to impose and collect a fine in order to recover staff costs incurred through addressing any violation of this section. (Ord. 2008-23, 6-11-2008)

All proposed development and improvements within the HP zone are subject to the following required development standards. These standards are intended to provide a framework for development that is sensitive to the unique characteristics of hillside properties. Their purpose is not to discourage proposals for innovative or alternative methods of design in a hillside area; innovation is encouraged as long as the end result is one which respects significant landform features and is consistent with the purposes expressed in this article and in the goals and objectives of the Washington City general plan.

   A.   Disturbance Limitations: The following criteria shall be applied in establishing the limits of disturbance for a site:

      1.   Adverse visual impacts shall be minimized as much as possible. The screening of cuts and fills, and the visual protection of prominent ridgelines, rock outcroppings, scenic views, and as much of the natural terrain as practicable is required.

      2.   Disturbed slopes shall be treated to minimize erosion, and natural drainageways shall be protected as much as possible.

      3.   The clearing of trees, shrubs and other native vegetation shall be limited to: the approved locations for streets, driveways and easements; the approved locations for building pads for structures, main buildings and accessory structures; and the minimum distance between structures and surrounding vegetation for established fire prevention and safety standards or recommendations.

      4.   Significant trees, shrubs and other native vegetation shall be preserved in the design of the development. Significant vegetation is to be identified on a map with the application submittals and city staff will review the submittals and visit the site to determine the significance of existing vegetation.

      5.   The limits of disturbance may be noncontiguous as long as the significant features of the natural terrain are being preserved.

      6.   All topsoil from any disturbed portion of the site shall be preserved and utilized in revegetation areas. The soil in the upper portion of fill areas shall be of a sufficient quality to support native plant growth.

      7.   The surface coverage of all main and accessory structures shall not exceed sixty percent (60%) of the gross lot or parcel area for detached dwellings and seventy percent (70%) of the gross lot or parcel area for attached dwellings.

      8.   The maximum limits of disturbance shall be identified on each lot or parcel of the approved site plans and subdivision plats and shall include all graded, excavated, and filled areas, the areas occupied by main and accessory structures, hard surface areas that include driveways, walkways, patios and parking areas, and all other areas of disturbance or nonnative vegetation.

   B.   Grading Design: Grading for all developments shall be designed to blend with the contours of the adjacent natural terrain.

      1.   Limits Of Grading: No grading, cutting, filling, excavating, benching or terracing of any proposed lot or parcel shall go beyond the maximum limits of disturbance for each lot or parcel as provided herein.

      2.   Cuts And Fills: All cuts and fills shall be minimized as much as practicable and shall be included within the maximum limits of disturbance for each lot or parcel. All cut and fill areas shall be recontoured to the natural, varied contours of the surrounding terrain with a maximum slope transition back to the natural grade no greater than two to one (2:1). Slope ratios greater than two to one (2:1) are prohibited except for approved cuts into solid rock only. Any such proposed cut into rock shall be reviewed by the HRB for appropriateness, suitability, and visual impact in order to grant approval if warranted. For approved cuts into solid rock, the slope may be as steep as one-half to one (1/2:1) if recommended by a Utah licensed professional engineer who is trained and experienced in the practice of geotechnical engineering and if the visual impact of the cut can be adequately mitigated. All areas of cut and fill shall be protected from erosion during the period of construction and shall be permanently planted or otherwise protected from erosion within twenty (20) days of the completion of grading and excavation as identified by the approved landscape plan.

Where cut or fill conditions are created, slopes shall be varied where feasible rather than left at a constant angle which may be unstable or create an unnatural, rigid, engineered appearance.

      3.   Cuts And Fills Visual Mitigation: The visual impact of cuts and fills shall be mitigated by methods approved by the city. This mitigation may include, but is not limited to, the placement of buildings in front of the cuts and/or the placement of retaining walls designed to blend with the surrounding terrain to stabilize the cut. Mitigation shall predominantly be contour grading along with plantings as identified on the approved landscape plan that will stabilize the cut or fill slope and blend with the surrounding vegetation. The use of retaining walls is to be as limited in scope and height as feasible to ensure the visual predominance of vegetation. Contour grading techniques shall be used to provide a natural appearing variety of slope transitions, slope percentage and slope direction in a three-dimensional, undulating pattern similar to existing, adjacent terrain.

         a.   Hard edges left by cut and fill operations shall be given a rounded appearance that closely resembles the natural contours of the land.

         b.   Manmade slopes adjacent to roadways shall be softened where feasible by sufficient berms, contour grading, and/or landscaping to create visually interesting and pleasing streetscapes.

      4.   Street And Driveway Alignment: Street alignments shall run generally parallel along the contours of the natural terrain as much as practicable. Short sections of streets that run perpendicular to natural contours and serve the purpose of connecting main parallel sections of streets are permitted and shall follow the natural curves of drainageways where practicable. Streets shall not greatly alter the physical and visual character of a hillside by creating large notches in ridgelines or by defining wide straight alignments. Contour grading techniques shall be employed on all streets and associated cut and fill areas to minimize any adverse impacts. Reduced width road sections, split road sections, and split parking bays are potential design techniques to employ in the layout of hillside streets to reduce grading.

The portions of driveways that run perpendicular to natural contours and serve the purpose of accessing building lots and parcels shall be as short as practicable. Driveways that serve more than one parcel are permitted as a method of reducing unnecessary grading, paving and site disturbance. If lots and parcels will be sharing driveways, cross use easements shall be recorded with the subdivision.

      5.   Open Space Trails: Where permitted, trails through open space shall be located such that cuts and fills are minimized and visual character is preserved. Where cuts and fills are required, cut conditions uphill from the trail typically have less of an overall visual impact than an exposed downhill fill area.

      6.   Structure Location: Design of building sites shall be sensitive to the natural terrain. Structures shall be located in such a way as to minimize grading and to preserve natural features. Careful consideration shall be given to the general orientation of the slope when locating structures.

      7.   Building Sites: On each building site, careful consideration shall be given to the cut and fill conditions such that a balance is achieved where feasible and consistent with the intent of this article to minimize the visual impact of grading. Different slope conditions call for corresponding typical cut and fill solutions such that the structure fits well into the topography as illustrated below. Impacts to natural drainageways shall be avoided where possible.

   C.   Viewshed Protection: To minimize the adverse visual impacts that development may potentially have on prominent ridgelines, mesas, and other site features, the following setbacks shall apply:

      1.   Prominent Ridgeline And Natural Feature Edge Condition: The minimum setback from the edge or top of slope of a prominent ridgeline, plateau or mesa is fifty feet (50') for one story structures and sight obscuring privacy fences and walls unless a greater setback is recommended in the geotechnical report. The minimum setback from the edge or top of slope of a prominent ridgeline, plateau or mesa is one hundred feet (100') for structures or parts of structures with one and one-half (11/2) or more stories unless a greater setback is recommended in the geotechnical report. A greater setback may also be required by the underlying zoning district.

      2.   Cuestas: The minimum setback from a prominent ridgeline of a cuesta is the distance necessary to prevent the elevation of the extreme tops of all structures on the cuesta from exceeding the elevation of the ridgeline or crest of the cuesta, unless a greater setback is recommended in the geotechnical report. A greater setback may also be required by the underlying zoning district.

      3.   Manmade Slopes: The minimum setback from the edge or top of slope of a manmade slope (which may include a retaining wall) twenty feet (20') or more in height is fifteen feet (15') for one story structures and sight obscuring privacy fences and walls unless a greater setback is recommended in the geotechnical report. The minimum setback from the edge or top of slope of a manmade slope (which may include a retaining wall) twenty feet (20') or more in height is twenty five feet (25') for structures or parts of structures with one and one-half (11/2) or more stories unless a greater setback is recommended in the geotechnical report. A greater setback may also be required by the underlying zoning district.

   D.   Architectural Standards: The purpose of establishing architectural design standards in the HP zone is to ensure quality development that blends with the hillside environment and to create neighborhoods that display harmonious and complementary architectural styles. To achieve hillside compatible development, the city recognizes the importance of having architectural design that incorporates rooflines and other building elements that reflect the naturally occurring ridgeline silhouettes and topographical variations.

      1.   Building Orientation: A variety of building and lot orientations shall be provided in order to encourage development suitable with the hillside character of the site.

         a.   Structures shall be designed so the slope angle of the roof pitch is generally less than or equal to the angle of the natural hillside or manmade slope.

         b.   Site planning shall emphasize the preservation of views to prominent visual features such as ridgelines. This includes building orientation to allow view opportunities and lot development on the least sensitive portions of the site to preserve landforms, vegetation and topographical features.

         c.   Hillside adaptive architecture shall be terraced to follow the contours of the slope. Exterior structural supports and undersides of floors and decks not enclosed by walls are discouraged but may be permitted with fire safety and architectural considerations adequately addressed to the satisfaction of the city individual or body designated to grant approval.

      2.   Building Style: The use of hillside adaptive architecture as needed shall be incorporated into the design of individual lots in areas within the HP zone. Step building foundations may be required to minimize grading.

         a.   Architectural styles shall be compatible with the hillside character, topography, and theme of the community.

         b.   A variety of roof orientations and types which emphasize roof pitches reflecting the overall slope of the hillside shall be incorporated into the design of the development.

         c.   Enhanced architectural elevations where the front, rear or side of units face public view is required. The architecture of hilltop units will be restricted to avoid massive walls and monotonous patterns of building silhouettes.

         d.   The dimensions of a building, measured in the direction of the slope, shall be minimized in order to limit the amount of cut and fill and to better incorporate the structure to the natural terrain.

         e.   Terraced decks shall not be built on slopes which are a part of a project's common area controlled by a homeowners' or property owners' association or landscape maintenance district.

         f.   Buildings may be clustered to respect and adapt to the existing topography. Flexible site techniques including varying the position of the structures and varying the sizes of lots shall be used as necessary to preserve the character of the hillside setting.

      3.   Architectural Treatments: Architectural treatments on all exterior walls of any building shall be designed to avoid monotonous or continuous facades. One continuous vertical or horizontal plane on the front and rear facade of any building is not permitted. Architectural features and details shall be incorporated in all exterior walls of the building, including the rear and sides of the building. Buildings shall utilize wall articulation (i.e., insets, pop outs, etc.) and roof orientation as a means to break up the massing.

         a.   The form, mass and profile of the individual buildings and architectural features shall be designed to blend with the natural terrain and preserve the character of the natural slope. The use of large gable ends on downhill elevations shall be avoided. The predominant roof slope shall be oriented in the same general direction as the natural slope.

         b.   Large roof overhangs and cantilevers on downhill elevations shall be avoided to reduce the massive appearance from below.

      4.   Finish Materials, Color, And Reflectivity: Building materials and colors shall be compatible with the natural setting. The color, material and texture palette shall be reinforced with compatible landscaping. The light reflective value (LRV) of materials used on all exterior walls and roof areas shall be similar to the LRV of the surrounding terrain. This typically shall be between 7 (darkest value of shaded vegetation) and 38 (approximate value of the red sandstone in the area). Generally, the more visible the structure, the lower its LRV shall typically be. The building material colors and their LRVs shall be submitted with the final application.

      5.   Fencing And Privacy Walls: All fences and privacy walls adjacent to or clearly visible from public roads or parks shall be constructed of decorative masonry or other approved materials which have a natural appearance and shall be a color that blends with the surrounding environment and is complementary to the landscape. The applicant shall present illustrations and descriptions of fencing and wall materials as required by this section.

All walls and fences which are adjacent to or visible from public roads shall be set back from the right of way a minimum of six feet (6') (or greater where cited elsewhere in this code) and landscaped on the street side of the wall or fence. Additionally, walls and fences not exceeding six feet (6') in height are permitted adjacent to structures in order to provide a private outdoor area. A minimum flat area from top or toe of slope of three feet (3') or more as required by the adopted building codes of the city shall be maintained to face of wall on common area maintenance slopes with slope heights of thirty feet (30') or greater.

   E.   Landscape Design Standards:

      1.   Landscape materials and stabilization of graded slopes shall be designed to be compatible with surrounding natural vegetation.

         a.   Plant Material: Plant material shall be selected according to compatible climatic, soil and ecological characteristics of the region.

         b.   Slope And Landscape Maintenance: Homeowners' or property owners' associations and assessment districts or other acceptable legal entities are required to maintain common open space. All landscaped slopes not included within a landscape maintenance district (LMD) shall be maintained by a homeowners' association (HOA) or a property owners' association (POA) for the permanent maintenance of landscaped slopes and other areas. An HOA/POA shall be required to establish a maintenance district with responsibility for slope and landscape maintenance should the HOA/POA disband.

      2.   All cut and fill slopes shall be planted and irrigated with an automatic irrigation system as appropriate for selected plant material to blend with the natural environment. The HOA/POA shall be responsible for monitoring the irrigation to ensure the absence of irrigation caused erosion or areas of overspray. All cut or fill slopes exceeding five feet (5') vertical height shall be planted with adequate plant material to protect the slope against erosion. Plants shall be planted in a quantity and distribution pattern sufficient to replicate a healthy and vigorous desert landscape. All plants shall be drought resistant or low water use in natural areas and shrubs shall be a minimum one gallon size. All trees shall be a minimum five (5) gallon size except street trees within rights of way where larger trees are required per this code.

   F.   Retaining Walls: The purpose and intent of establishing development standards for retaining walls is to ensure that the application of retaining walls are aesthetically pleasing elements within the subject property and limited in quantity throughout a development. The location of all retaining walls, privacy walls and fences shall be identified along with their proposed heights, materials and colors, and shown on the grading plan and concept plan. All retaining walls, privacy walls and fences shall be located within the maximum limits of disturbance for each lot or parcel.

      1.   General Standards:

         a.   The maximum length of any continuous retaining wall shall not be more than two hundred (200) linear feet.

         b.   Retaining walls shall be used for the purpose of containing fill material or for minimizing cut or fill slopes. The retaining wall may only extend six inches (6") above the material it is retaining.

         c.   A retaining wall shall not be constructed in such a manner so as to block or restrict vehicular access to a dedicated or implied dedicated alley, accessway, pedestrian access, trail, sidewalk, easement, or right of way.

         d.   All retaining walls and all privacy walls and fences surrounding a development's perimeter shall be faced with stone or earth colored materials complementary to the surrounding natural landscape.

         e.   Retaining walls shall follow the natural contours of the slope where feasible. Curved walls that follow the natural contours are recommended but not required.

         f.   All retaining walls as well as all freestanding walls and fences shall comply with the adopted building codes of the city.

      2.   Height Standards:

         a.   No retaining wall for a cut or fill area shall exceed ten feet (10') in height as measured from the immediately adjacent lowest natural or finished grade to the top of wall unless it can be demonstrated in the overall mitigation plan for cuts and fills that taller walls will not detract from the surrounding terrain and there is a predominance of vegetation in the fill areas as outlined above. Retaining walls shall not be stacked or terraced in any manner that increases their combined height beyond ten feet (10'). If desired, two (2) subwalls may be stacked or terraced to a maximum combined height of ten feet (10'). A minimum separation of six feet (6') is required between subwalls as measured from face of wall. The separation area between the sets of subwalls shall be planted with low water use/low maintenance shrubs or other vegetation as approved in the landscape plan. Trees are not to be planted in the zone between subwalls unless separation is at least twenty feet (20'). This vegetation will help reduce the apparent visual height of the wall or walls.

         b.   For purposes of this subsection, retaining walls are not considered stacked or terraced if there is a minimum horizontal separation of ten feet (10') between sets of retaining walls. With the minimum ten foot (10') separation, each retaining wall set may be constructed to the maximum allowed height; either the ten foot (10') height or the taller height demonstrated that would not detract from the surrounding terrain. The separation area between the sets of retaining walls shall be planted with low water use/low maintenance shrubs or other vegetation as approved in the landscape plan. Trees are not to be planted in the zone between terraced walls unless the distance between walls is a minimum of twenty feet (20'). This vegetation will help reduce the apparent visual height of the wall or walls.

         c.   Retaining walls may be constructed to varying heights throughout a development.

            (1)   Retaining walls constructed in the side yard area of a lot shall maintain a maximum retaining wall height of four feet (4'); provided that such wall does not extend into a required front yard adjacent to a street.

            (2)   Retaining walls constructed in the rear yard area of a lot shall maintain a maximum retaining wall height of eight feet (8').

            (3)   All planting areas between and adjacent to retaining walls shall be provided with an automatic irrigation system suitable for low water use vegetation. Such irrigation system shall be approved and inspected prior to the construction of any wall.

            (4)   Where a retaining wall contains fill above the natural grade and is located within a required setback yard, the height of the retaining wall shall be considered as contributing to the permissible height of a fence or wall at that location. A nonview obscuring fence up to three and one-half feet (3.5') in height may be erected at the top of the retaining wall for safety.

         d.   Retaining walls not exceeding six feet (6') in height are permitted adjacent to structures in order to provide a private outdoor area.

   G.   Corrective Work: Nothing in this section shall prohibit the individual or body designated to grant approval from authorizing grading deemed necessary to correct previously disturbed natural areas or existing hazardous conditions that are on site but not a part of the proposed development area and that are brought to the city's attention. In such case, the applicant will investigate possible alternatives with subsequent review by the individual or body designated to grant approval. (Ord. 2008-23, 6-11-2008)

   A.   Established: There is hereby established a hillside review board (HRB) for the city.

   B.   Powers And Duties: The HRB shall have the following responsibilities:

      1.   Review developments proposed within the HP zone as defined in section 9-12A-2 of this article and make a recommendation for approval, conditional approval, or denial to city staff, the planning commission and the city council.

      2.   Provide advice and support as needed to city staff, the planning commission and the city council in connection with reviewing requests for zoning changes or other development applications within the HP zone.

   C.   Membership, Appointment: The HRB shall consist of seven (7) members as follows:

      1.   Five (5) persons who are experts in any of the following fields: geotechnical engineering, civil engineering, geology, architecture, landscape architecture, land planning, or similar applicable areas of expertise; and two (2) citizens of the city representing the public at large. If it is determined to not be feasible to fill the member positions of those with the identified fields of expertise, these positions shall be assumed by citizens at large. In addition to the seven (7) members mentioned above, one alternate member may be appointed to serve when a quorum is not otherwise present. The alternate member may be any citizen of Washington City.

      2.   All members shall be appointed by the mayor with the approval of the city council. The board shall select a chair and vice chair and determine the dates and times to schedule meetings as the need arises when applications are submitted for proposed developments within the HP zone.

   D.   Membership, Terms, Vacancies: The members of the HRB, appointed as provided above, shall serve for two (2) years on overlapping terms. Vacancies shall be filled by appointment for the unexpired portion of the term.

   E.   Quorum; Vote Required: A quorum of the HRB shall be four (4) members, and a majority vote of a quorum shall be required for a decision of any matter before the board, but the minimum number of yes votes required for a decision shall never be less than four (4). If a quorum is not present, no meeting shall be held, and any items of business shall be continued to the next meeting of the board. (Ord. 2008-23, 6-11-2008)

The purpose of the interstate corridor overlay zone is to protect the health, safety and general welfare of the residents of the city, and the aesthetics of the city, by establishing procedures for the development of land use districts adjacent to Interstate 15 which may not fit with the underlying zoning district standards. The standards set forth herein are intended to: a) provide guidelines for appropriate landscaping, screening and other site design provisions necessary to preserve a pleasing appearance along the corridor; and b) allow the planning commission and city council more latitude in determining the land use mix by the desired impact of development in contrast to traditional regulations which establish minimum standards or prescribe what shall not be done. (Ord. 2004-10, 5-12-2004)

The interstate corridor overlay zone established by this article shall overlay the existing zoning classifications listed in this title. In cases of conflict between the provisions of this article, other zoning classifications, the building codes adopted by the city, or the subdivision ordinance, the most restrictive provisions shall apply. (Ord. 2004-10, 5-12-2004)

The "interstate corridor" is defined as property located within three hundred feet (300') of both sides of the I-15 right of way through the city limits. (Ord. 2004-10, 5-12-2004)

The application procedure described in chapter 2 of this title for permitted uses, chapter 17 of this title for conditional uses, chapter 8, article F of this title for planned unit developments, chapter 13, article A of this title for planned community developments, and the subdivision ordinance for subdivision plats shall be adhered to as described in the underlying zoning district. (Ord. 2004-10, 5-12-2004)

   A.   Permitted Uses: All uses listed in the underlying zoning district shall continue in effect. The approval process for such permitted uses will remain the same.

   B.   Conditional Uses: All uses listed in the underlying zoning district shall continue in effect. The conditional use approval process shall be adhered to in approving such uses. (Ord. 2004-10, 5-12-2004)

All site design elements for the above listed permitted and conditional uses, except for single-family and two-family dwellings outside a mobile home - recreational vehicle (MH) zone, are subject to review and approval of the planning commission and city council, who shall apply the standards and provisions found in chapters 2 and 17 of this title, as applicable, as well as the following provisions:

   A.   Objectionable Factors: All uses shall be free from objectionable odor, noise, dust, smoke, vibration or other such factors.

   B.   Advertising Signs: All advertising signs shall comply with the provisions of chapter 18 of this title.

   C.   Landscaping Requirements:

      1.   A ten foot (10') landscape setback buffer is required along all freeway frontages. The buffer shall contain, as a minimum, one 24-inch box tree, with a minimum caliper of two inches (2") for every thirty feet (30') of adjacent lot line. The trees may be clustered. The trees shall be a mix of both deciduous and evergreen (evergreen to be 50 percent of total). Minimum tree height shall be five feet (5') for conifers and seven feet (7') for deciduous.

      2.   Landscaping shall be used to help focus on entrances to buildings, soften parking lots and loading areas, define edges of various land uses, provide transitions between neighboring properties (buffering), and provide screening for outdoor storage, loading and equipment areas.

      3.   Landscaping around the entire base of buildings is required to soften the edge between parking lots and structures. This shall be accented at entrances to provide focus.

      4.   Trees shall be located throughout parking lots and not simply at the ends of parking aisles. In order to be considered within parking lots, trees shall be located in planters that are bounded on at least three (3) sides by parking area paving. Parking areas shall include one tree for every five (5) parking spaces and shall be uniformly dispersed to provide shade. Trees shall be a minimum size of fifteen (15) gallons (at least 1 inch in diameter) at planting, and shall be of a species which shall reach a thirty foot (30') to fifty foot (50') crown within fifteen (15) years.

      5.   Landscaping shall be protected from vehicular and pedestrian encroachment by raised planting surfaces, depressed walls or the use of curbs.

      6.   Buildings shall not be located where their office portions directly abut paved parking areas. A minimum five foot (5') landscape strip shall be provided between parking areas and the office portions of buildings.

   D.   Building Setback: The minimum building setback from the freeway right of way line shall not be less than the setback required by the underlying zone, and in no case be less than ten feet (10').

   E.   Service Areas: Service areas, including storage, special equipment, maintenance and loading areas, shall be screened with landscaping and architectural elements. The purpose is to hide those areas from the freeway. Loading docks and service areas shall be located on interior side yards and concealed from public "freeway" view (side yard opposite the direction of traffic). Utility equipment and communication devices located on the ground shall be screened so that the site will appear free of such devices. Utility lines for water, gas, sewage, electrical and communication shall be installed underground.

   F.   Refuse Collection Areas: Refuse collection areas shall be visibly screened with a solid perimeter wall using materials and colors compatible with those of the adjacent structures. Refuse collection areas are to be located on an interior building side yard and shall be roofed if the contents of the area are visible from the freeway.

   G.   Facades:

      1.   Facades shall be designed to convey a sense of order through the interplay of lights, shadow and texture. Facade articulation shall reinforce a sense of quality and integrity.

      2.   Facades shall reflect the quality and the sense of order of the underlying structure in a clear and consistent manner. Window panels shall be differentiated and the percentage of window glass that is visible from the freeway shall not exceed seventy percent (70%) of a wall surface. Highly reflective glass which could possibly impede a driver's visibility from the freeway shall be prohibited unless properly screened.

   H.   Building Walls: The site development plan shall be prepared so that the building walls viewed from I-15 are similar in design to the front of the building. The front of the building, regardless of orientation toward I-15, shall meet the design regulations cited elsewhere in this section.

   I.   Building Proportion And Elevation: A refinement of the building proportions and building elevation details shall be carefully conceived to achieve desired goals.

   J.   Recessed Wall Surfaces: Recessed or articulated wall surfaces, columns and beams shall be used to help visually segment an otherwise massive exterior wall surface.

   K.   Roof Mounted Mechanical Equipment: Roof mounted mechanical equipment shall be screened on all sides. Any devices located on the structure shall be properly screened to minimize visual impact. The color of these devices shall be the same as the building color. (Ord. 2004-10, 5-12-2004)

Refer to applicable sections of the underlying zoning classification and the supplementary and qualifying regulations of this title (chapter 14 of this title). (Ord. 2004-10, 5-12-2004)

With the exception of the ten foot (10') landscape buffer requirements, the area, width and yard regulations shall be dependent upon the underlying zoning classification. (Ord. 2004-10, 5-12-2004)

Refer to the underlying zoning classification. (Ord. 2004-10, 5-12-2004)

   A.   Is the project proposed consistent with the goals and policies of the general plan?

   B.   Would the proposed project be detrimental to the public interest, health, safety, convenience, aesthetics or welfare of the city?

   C.   Is the subject site physically suitable for the type and intensity of the land use proposed?

   D.   Would the proposed development be harmonious with existing and future developments within the land use district and general area? (Ord. 2004-10, 5-12-2004)

The purpose of the extractive industries overlay (EI) zone is to protect the health, safety and general welfare of the residents of the city by establishing procedures for the development, location and reclamation of extraction sites. This district will provide for the excavation of clay, soil, granite, flagstone, slate, shale, limestone, sand or gravel from the earth by excavating, stripping, leveling or any other process; together with all other types of mining operations where material is removed from the earth. (Ord. 97-13, 3-12-1997)

   A.   Permitted uses:

Agricultural activities.

Gravel and similar natural resource extraction, mining and quarry activities.

Open space.

   B.   Conditional uses:

Accessory uses and buildings, customarily incidental and subordinate to an approved conditional use.

Golf course.

Public and quasi-public uses.

Recreational facilities and activities.

Any combination of the above uses, or other 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 development plan. (Ord. 97-13, 3-12-1997)

All requests shall be accompanied by a site development plan and written text for the entire property proposed to be developed. The development plan shall address the following:

   A.   Projected Use: The projected use of the land, including the percentage of property coverage by buildings, parking areas, landscaping and streets.

   B.   Topography Map: Provide a map of the planned excavation area. This plan should be reflected on a topographic map, at a scale of one inch equals fifty feet (1" = 50') to a maximum contour interval of two feet (2'). This map should reflect an area at least five hundred feet (500') beyond the proposed excavation, showing the location of the operations. This map should reflect the phases of the excavation process, the planned depth of excavation and the estimated quantity of material to be removed. Reflect the location of stockpiles, mine tailings, milling and processing systems. The text supporting the excavation plan should also reflect the expected operational life of the project.

   C.   Compliance: The plan text should discuss the project's compliance with the general plan and the zoning and subdivision ordinances.

   D.   Circulation Plan: A circulation plan which shall address the anticipated impact on existing streets, reflecting the trip generation rate, along with the planned development of new streets. Detail should be provided on the type and number of heavy equipment to be used and their individual gross vehicular weight.

   E.   Existing Facilities Plan: An existing facilities plan reflecting the location of all utility lines, including, but not limited to, water, sewer, power, cable television, natural gas, telephone and drainage within the project. This plan shall indicate the point of connection with municipal service lines. Additionally, disclose the anticipated rate of water consumption, wastewater discharge, drainage volumes, source and disposal of water to be used in the operation.

   F.   Mitigation Plan: A mitigation plan for the control and limitation of dust, noise, vibration, smoke and odor from the site and any related activities. This plan should reflect the requirement that all access and haulage roads on the site shall be maintained in a dust free condition by surfacing or other treatment approved by the city.

   G.   Grading Plan: A grading plan shall show the existing and proposed contours and cross sections, sufficient to show on and off site drainage and to prevent the development of ponds and water filled areas.

   H.   Drainage Plan: A drainage plan shall show all surface and subsurface drainage systems and the plans to provide erosion protection to the site. This plan shall include provisions for the mitigation of erosion damage on site and within five hundred feet (500') of the project boundary.

   I.   Soils Report: A soils report shall be prepared by an engineering geologist and/or geotechnical engineer. The report shall include at least 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;

      2.   Springs And Seepage Sites: The location and yield of springs and seepage sites within the project; and

      3.   Soils Profile: The development of a complete soils profile.

   J.   Reclamation Plan: Provide a summary of the reclamation plan and its provisions during the active use of the site.

   K.   Other Reports: Other reports deemed necessary by the officer or body charged with the approval of a requested use to assure the health, safety and welfare of the project, residents or general public, may be requested from the applicant by written specification. (Ord. 97-13, 3-12-1997)

All applications for extractive use sites must submit a reclamation plan to the planning commission, indicating how the site will be reclaimed upon completion of mining activities to allow for the productive and compatible reuse of the site, as well as the time frame in which reclamation activities will occur. The plan will be designed to eliminate waste heaps, prevent shallow stagnant small bodies of water, small unusable remnants of land, eroding and barren slopes normally associated with open pit operations. This may be modified by the planning commission when remaining pits are to be used to provide storm water detention facilities, in accordance with approved storm water retention plans.

   A.   Concurrent Reclamation: The reclamation or rehabilitation of excavation sites with a projected life of more than one year shall be carried out simultaneously with the excavation of the mineral resource. Excavation shall be planned so as to progressively develop the proposed final land forms by grading and stockpiling overburden materials in areas designated for future land forms within the approved reclamation plan. Such areas are to be seeded and planted immediately after grading is completed or within appropriate planting seasons, but in any case, the grading and planting shall be completed within one year.

   B.   Topographic Map: Topographic map of the proposed site reflecting the phases of reclamation and the final site reclamation, including the final finished grade of the site and all slopes. The map will be prepared on a scale of one inch equals fifty feet (1" = 50'), 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.

   C.   Grading Plan: Shall be drawn and stamped by a licensed professional engineer indicating the areas to be reclaimed and the proposed finished grades. The method by which the rehabilitation is to be accomplished.

   D.   Revegetation Plan: Landscape specifications, including the plant type, size, quantities, locations, installation of topsoil, specifications for plant applications, mulching and type of irrigation to be used.

   E.   Drainage/Hydrology Plan: Indicating the hydrological characteristics of the site after reclamation, including the creation or modification of floodplains, erosion characteristics, drainage patterns and wetlands.

   F.   Proposed Use: A site plan shall be developed representing the proposed use or uses for the site following reclamation, including the proposed zoning for the site, building locations, roads, streets, topography, parking and landscaping.

   G.   Cross Sections: 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.

   H.   Restoration Material: All 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. The original topsoil removed from the site shall be stockpiled and used in the final grading of the site. Final soil depths and types shall be appropriate for the future use.

   I.   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 thirty (30) days following the completion of mining operations.

   J.   Financial Analysis: A financial analysis shall be prepared detailing all the costs of the reclamation plan. The applicant shall provide to the city a form of financial security (acceptable to the city), that will assure the implementation of the reclamation plan.

   K.   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. 97-13, 3-12-1997)

   A.   Included Requirements: Before issuing or renewing a permit for excavation, the city shall receive from the permittee a bond in a form acceptable to the city. The bond shall guarantee that the requirements of the permittee's reclamation plan shall be met. The bond shall be forfeited to the city if the permittee does not carry out the requirements of the reclamation plan. The bond agreement shall include, as a minimum, the following items:

      1.   Incorporate by reference the reclamation plan, approved by the planning commission and used by the city to compute the cost of the improvements. The amount of the bond shall be sufficient to cover the cost of the reclamation as estimated for the phase or area in which reclamation is anticipated. The amount of the bond may be adjusted annually prior to the renewal of the operator's business license and excavation permit, to reflect any change in the estimated cost of reclamation.

      2.   Completion of the improvements within the period of time specified in the reclamation plan, following the conclusion of excavation activities in any given section of the project.

      3.   The city shall have exclusive control over the bond proceeds, and the proceeds may be released only upon the written approval of the city manager with written notification to the city council.

      4.   The permittee may apply, in writing, for the release of the bond pertaining to an area that has been excavated and reclaimed, pursuant to the approved reclamation plan. The permittee may also request the release of the bond for areas in which excavation is no longer anticipated. The permittee must first submit and receive approval of a revised excavation plan with maps reflecting the amendments. No modifications to the bond agreement will be authorized until the city has inspected the improvements and found them to be in compliance with city standards and the provisions of the approved reclamation plan. No modifications to or reductions in the bond agreement will be made without the written authorization of the city manager. Modifications or reductions granted will not alter the permittee's responsibility and liability for the final reclamation of the site in accordance with the approved reclamation plan.

      5.   Since the permittee retains the ultimate responsibility for the reclamation of the site, if the bond proceeds are inadequate to pay the cost of the reclamation improvements, the permittee shall be responsible for any and all deficiencies.

      6.   A full bond release will be permitted following the completion of all requirements specified in the approved reclamation plan and upon the city's acceptance of the project as complete. The city's acceptance shall be conditioned upon a final inspection of the site improvements, to ensure their compliance with the approved reclamation plan. Bond release will require the written authorization of the city manager.

      7.   Bond proceeds shall be transferred to the city within thirty (30) days of the city manager's written demand. If the funds are not transferred as required, all costs incurred by the city in obtaining the funds shall be the responsibility of the permittee. The city may deduct an amount equal to its costs from the bond proceeds.

      8.   Following the receipt of the bond proceeds, the project costs shall include the reimbursement of costs incurred by the city for the administration and inspection of project improvements.

      9.   The permittee shall agree to hold the city harmless from any and all liability which may arise as a result of the improvements made in accordance with the approved reclamation plan.

   B.   Instruments Acceptable: The bond agreement shall reflect one of the following financial security instruments, as approved by the city:

      1.   Bond with a surety company licensed to do business in the state;

      2.   Cashier's check or a money market certificate made payable only to the city;

      3.   Trust or escrow account with a financial institution federally or state insured. (Ord. 97-13, 3-12-1997)

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 activities taken in fulfillment of the requirement of simultaneous excavation and reclamation in compliance with the approved reclamation plan. This progress report shall include a 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 indicating the volume of material excavated during the calendar year. (Ord. 97-13, 3-12-1997)

   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 contained 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:

      1.   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 exterior cut slope. The planning commission may consider the use of topsoil berms as a screening device.

      2.   Topsoil berms, when authorized as a screening device, shall be landscaped in accordance with a landscape plan approved by the planning commission.

   C.   Grading:

      1.   All grading shall comply with standard engineering specifications for slope stabilization in accordance with the latest approved reclamation plans. Slopes shall be maintained in a manner that will prevent erosion damage on adjacent properties.

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

   D.   Ground Water Contamination:

      1.   Extractive operations, drainage, materials storage and use, site access, fueling procedures, restoration activities and postrestoration uses shall be strictly controlled so as to minimize any possible contamination of the ground water.

      2.   Standards adopted by the city, in ground water protection ordinances, the Southwest Utah district health department and the state shall be used to determine the specific controls, programs, safeguards, restrictions and monitoring required for a specific site.

   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 nine o'clock (9:00) 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, shall have hours of operation as determined by the planning commission.

   F.   Landscaping:

      1.   Approved landscape plans shall be prepared to screen the uses compatible with resource extraction activities from public streets and abutting properties.

      2.   All planting shall conform with the approved landscape plan and specifications and shall be maintained in a healthy, growing condition. Landscape berms and other barriers are intended to overcome the impacts associated with mining operations.

      3.   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 creation and dissemination of noise and vibration from the site.

      2.   Access and haulage 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.

   H.   Modifying Standards:

      1.   Lot Size: No minimum is specified; however, the lot shall be of sufficient size to assure compliance with the provisions of this and all other applicable city ordinances.

      2.   Building Height: No building shall exceed a height of thirty five feet (35') from finished grade to the peak of the roof line. The planning commission may consider requests for additional height to a maximum height of fifty six feet (56').

      3.   Yard Requirements:

         a.   Front yard, fifty feet (50').

         b.   Side yard, thirty feet (30').

         c.   Rear yard, thirty feet (30').

   I.   Related Manufacturing Operations: The manufacture of concrete building blocks or other similar blocks, the production or manufacture of lime products, the production of ready mixed concrete, 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.

   J.   Washing Wastewater: The washing of sand and gravel 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.

   K.   NPDES Permits: Copies of federal or state NPDES permits will be provided to the city. (Ord. 97-13, 3-12-1997)

   A.   Removal Of Sod: The provisions of this article shall not apply to the removal of sod.

   B.   Removal Of Topsoil: The provisions of this article shall not apply to the removal of topsoil, providing the operation is not closer than ten feet (10') to any property line or to a depth in excess of eighteen inches (18"), or such as to adversely affect the drainage of the area. (Ord. 97-13, 3-12-1997)

An excavation permit is required for any extractive or mining operation which involves the extraction of more than five hundred (500) cubic yards of material or affects land equivalent in area to one-half (1/2) acre or more during any twelve (12) month period. The permit is issued to the owner and operator of the property by the planning commission. 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. This permit will be renewed on an annual basis following the submission and review of the annual progress report by the planning commission. City staff will conduct all necessary inspections to assist the planning commission with its annual review and evaluation process. (Ord. 97-13, 3-12-1997)

   A.   Development Plan: The applicant for an excavation permit shall prepare a site development plan in accordance with the provisions of this article. In addition to the specified provisions, the applicant shall provide the following information:

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

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

      3.   Current land use and applicable zoning;

      4.   Company name and address of the firm retained to undertake the extraction operation, if different from the property owner (applicant); and

      5.   Business references for the company identified in subsection A4 of this section.

   B.   Submission; Time Limit: The applicant shall submit the application along with the site development 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 material.

   C.   Review By Planning Staff: The planning staff shall contact interested department personnel of the city and other public agencies for review purposes. The planning staff shall furnish, to the applicant, any comments regarding the site development plan which may assist the applicant in their preparation of the project presentation for the planning commission. If any department or agency reviewing the project, requests additional time to complete their review, the planning staff may postpone the deliberation of the project for one planning commission meeting. The application cannot be postponed for more than two (2) planning commission meetings after the application has been submitted.

   D.   Decision Of Planning Commission: The planning commission may approve, modify or deny any application for an excavation permit. In authorizing any excavation permit, the planning commission shall impose such requirements and conditions as required by law and any additional conditions as may be necessary for the protection of adjacent properties and the public welfare.

   E.   Requirements For Approval: The planning commission shall not authorize an excavation permit unless evidence is presented showing:

      1.   The proposed use, at the particular location, is necessary or desirable to provide a service or facility which will contribute to the general well being of the community or the local economy; and

      2.   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; and

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

      4.   The proposed use will conform to the intent of the general plan. (Ord. 97-13, 3-12-1997)

 

The purpose and intent of the residential rentals, short term overlay zone is to protect the health, safety and general welfare of the residents of the city. This overlay zone establishes procedures for designating subdivisions within the city where the rental of residential units on an overnight or short term basis is desirable and in the best interest of the community, and to aid the development of housing, particularly by owners who reside elsewhere and wish to rent their units when not in use. This article is intended to fully exclude such overnight and short term rental practices in residential areas not within the recreational housing overlay zone, or in accordance with section 9-14-25 of this title. "Short term" shall be defined to mean a period of twenty seven (27) days or less. (Ord. 2015-02, 1-28-2015)

The residential rentals, short term overlay zone shall be applied only to projects that consist of five (5) dwelling units or more, and cover an area of at least five (5) acres or more. (Ord. 2015-02, 1-28-2015)

The application procedure described in chapter 2 of this title for permitted uses, and the subdivision ordinance for subdivision plats shall be adhered to as described in the underlying zoning district. (Ord. 2015-02, 1-28-2015)

Short term residential rentals for any single- and multiple- family residential dwelling units, including condominiums and townhomes. Owners may reside in the dwelling units or offer them for rent or lease. (Ord. 2015-02, 1-28-2015)

All site development elements for the above mentioned permitted uses are subject to review and approval of the planning commission and city council, who shall apply the standards and provisions found in chapter 2 of this title, as applicable, as well as the following provisions:

   A.   Primary Use: Single- and multiple-family residential is the primary use in residential zoned parcels, and shall remain such.

   B.   Written Text: The applicant shall prepare a written text that clearly and thoroughly explains the proposed use of the land including those areas devoted to short term residential rental housing uses and activities.

   C.   Site Development Plan: The applicant for a residential rental, short term housing overlay zone approval shall prepare a site development plan which shall meet the following criteria:

      1.   Name and address of applicant and property owner;

      2.   The locations, dimensions and setbacks of all existing and proposed uses/activities, buildings, fences and/or walls, and other structures to be included in the proposed development;

      3.   The proposed signage and lighting plan (where applicable);

      4.   The locations and dimensions of existing and proposed roads, parking areas and traffic circulation patterns, and roads and driveways adjoining and across from the development;

      5.   The locations and dimensions of existing and proposed drainage facilities, utilities, easements and fire hydrants;

      6.   The proposed area dimensions, existing and proposed elevation contours, and north arrow;

      7.   Necessary explanatory notes where applicable; and

      8.   Any other development plans and/or required studies shall be submitted with the application for a residential rental, short term overlay zone request.

   D.   Ownership: A residential rental, short term overlay area may consist of multiple properties; however, all properties shall have consent of the property owner(s) as presented in the application. (Ord. 2015-02, 1-28-2015)

Refer to applicable sections of the underlying zoning classification and chapter 14, "Supplementary And Qualifying Regulations", of this title. (Ord. 2015-02, 1-28-2015)

The area, width and yard regulations shall be dependent upon the underlying zoning classification. (Ord. 2015-02, 1-28-2015)

Refer to the underlying zoning classification. (Ord. 2015-02, 1-28-2015)

   A.   The city council may (after receiving a recommendation from the planning commission) approve, modify and approve, or deny any application for a residential rental, short term overlay zone that is to be located within any residential zoning district in which the particular overlay zone is permitted by the use regulations of this title. In approving any residential rental, short term overlay zone, the city council shall impose such requirements and conditions as required by law and any additional conditions as may be necessary for the protection of adjacent properties and the public health, safety and general welfare and aesthetics of the city.

   B.   Such conditions of approval may include, but shall not be limited to, specifications concerning: structures (existing and proposed); landscaping, density; ingress; egress; fencing; parking; lighting; or other possible nuisances.

   C.   The planning commission and city council shall not authorize a residential rental, short term overlay zone approval unless evidence is presented showing:

      1.   The proposed use, at this particular location, is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood and community; and

      2.   That 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 improvement in the vicinity; and

      3.   The proposed use will comply with regulations and conditions specified in this title for such use; and

      4.   The proposed use will conform to the intent of the general plan. (Ord. 2015-02, 1-28-2015)

The Airport Overlay Zone is established to notify property owners within the Airport Influence Area of the St. George City Regional Airport regarding the impacts associated with aircraft operation and to institute general safety requirements. The St. George City Regional Airport provides a regional transportation link that is vital to the economic welfare of the region. Therefore, it has been determined that an Airport Overlay Zone should be established, which recognizes the impacts present outside of the Airport boundaries. Obstructions that affect the landing, take off, and maneuvering of aircraft impair the utility of airports and the public use thereof. Therefore, it is necessary in the interests of the health, safety, and general welfare of the public that an Airport Overlay Zone be established to prevent hazards, to the extent possible. (Ord. 2024-26, 11-13-2024)

There is defined in Utah Code 72-10-401(3) an "Airport Influence Area", which in the case for Washington City regards the St. George City Regional Airport traffic that traverses through a portion of Washington City. This Airport Influence Area, as defined by the Utah Code, shall constitute the same boundary and area description as the Airport Overlay Zone established by this Article F, and shall be specifically defined as lands within the Washington City corporate boundaries that are located within a distance of five thousand (5,000) feet from the St. George City Regional Airport runway.

Prior to obtaining a building permit, any new construction (except remodeling) shall grant or sell, at appraised fair market value, an avigation easement to the St. George City Regional Airport that notifies current and subsequent property owners that their property is located within the Airport Influence Area and may be subject to impacts generated by aircraft. The terms of the avigation easement granted or sold to the St. George City Regional Airport may grant perpetual rights to the St. George City Regional Airport for the airspace above the land, for the free and unrestricted passage of aircraft, to the extent that aircraft using the St. George City Regional Airport facilities do not exceed current federal guidelines, including any amendments, for Airport noise. (Ord. 2024-26, 11-13-2024)

No Structure shall be erected, altered, or maintained within the Airport Overlay Zone to a height in excess of the height limitations specified in Federal Aviation Administration (FAA) Part 77, "Objects Affecting Navigable Airspace." Those structures exceeding three hundred fifty (350) feet in height may be affected. (Ord. 2024-26, 11-13-2024)

Within the Airport Overlay Zone, no land use activity shall create any electrical interference with navigational signals for radio communications between the Airport and the aircraft, making it difficult for pilots to distinguish Airport lights and signals, causing glare in the eyes of pilots using the Airport, impairing visibility in the vicinity of the Airport, or otherwise in any way creating a hazard or endangering the landing, take off, or maneuvering of aircraft intending to use the Airport. (Ord. 2024-26, 11-13-2024)