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Washington City Zoning Code

CHAPTER 13

DEVELOPMENTS

9-13A-1: PURPOSE:

   A.   The purpose of this article, and any rules, regulations, specifications and procedures hereafter adopted, is to promote the public health, safety and general welfare through provisions designed to establish a planned community development zoning district which will:
      1.   Provide for the harmonious and coordinated development of the city by allowing for the systematic implementation of large residential or mixed use development proposals;
      2.   Facilitate large scale, mixed use developments incorporating various types of residential, commercial and industrial uses and zoning concepts which may create significant impacts on the city, while maximizing the public benefit from such developments, and minimizing any adverse impacts of such developments;
      3.   Provide a streamlined review procedure for such development proposals designed to accommodate a multiple phased approach to design and construction of large residential or mixed use developments;
      4.   Prevent the waste of public and private resources and the escalation in the cost of development associated with duplicative land development, review and approval procedures, regulations and amendments thereto;
      5.   Encourage continuity in design and planning of large residential or mixed use projects;
      6.   Ensure adequate open space for traffic, recreation, light and air; and
      7.   Facilitate the conservation and production of integrated municipal streets, transportation, water, sanitation and other related utility systems.
   B.   This article is designed to inform applicants and the public of the requirements and conditions necessary to obtain approval of planned community developments (PCD), as defined in section 9-13A-3 of this article. To this end, all requirements, where possible, are expressly delineated in this article or other applicable ordinances. However, since it is impossible to cover every contingency and there are some aspects which do not lend themselves to be easily articulated, this article allows the planning commission to recommend and city council to impose reasonable conditions upon an applicant in addition to those expressly required, so long as such conditions do not conflict with any requirements set forth in this article or other applicable ordinances.
   C.   This article shall provide a consolidated framework for the processing of preliminary and final PCD project plans and development agreements, as defined under this article, and other applicable provisions of city ordinances.
   D.   The application of the PCD concepts created under this article is intended to ensure substantial compliance with the intent of the zoning district regulations and other provisions of this title, and at the same time provide flexibility in order to secure the advantages of large scale site planning and development for residential, commercial and industrial developments, or combinations thereof under the PCD zone designation. (Ord. 93-14, 5-26-1993)

9-13A-2: INTERPRETATION:

The express provisions contained in this article are intended to provide procedures for large residential or mixed use development applications and to outline necessary review procedures. Upon final adoption by the city council of the "PCD project plan" and/or "development agreement", as defined under this article, the adopted project plan and/or development agreement will be considered the legal basis for the physical development of the land identified in the project plan and/or development agreement. (Ord. 93-14, 5-26-1993)

9-13A-3: DEFINITIONS:

Whenever any word or phrase used in this article is not defined herein, but is defined in related sections of Utah Code Annotated, or in other city ordinances, such definitions are incorporated herein and shall apply as if they were set forth herein in full, unless the context clearly indicates a contrary intention. Unless a contrary intention clearly appears, words used in the present tense include the future, the singular includes the plural, the term "shall" is always mandatory and the term "may" is permissive. The following terms as used in this article shall have the respective meanings as set forth:
DESIGN GUIDELINES AND STANDARDS: Those specific design criteria for physical improvements to the land covered by a PCD application which are proposed by an applicant and approved by the city council.
DEVELOPMENT AGREEMENT: A binding contract between the city and a planned community development applicant wherein the detailed terms and conditions upon which a planned community development will proceed are agreed upon. The development agreement specifies any vested rights granted to the applicant or its successors or assigns.
PCD PROJECT PLAN: A planning document outlining the development of property located in a specific geographic area of the city. The plan should establish the general type, land use, density and character of the proposed development. The PCD project plan is to include the supplementary information and reports required by section 9-13A-8 of this article.
PLANNED COMMUNITY DEVELOPMENT (PCD): A proposed development, featuring integrated design for development and construction of residential, commercial or industrial uses, or combinations of such uses, which, because of the nature of the proposed use and/or size of the proposed development, will substantially impact the entire city, therefore requiring special review. Planned community developments may include, without limitation, the following characteristics:
   A.   Residential developments, with an accumulative project size of not less than two hundred (200) acres for all phases of the proposed development, and not less than six hundred (600) dwelling units;
   B.   Nonresidential developments of accumulative project size of not less than two hundred thousand (200,000) square feet, excluding parking and loading areas, and not less than two hundred (200) acres;
   C.   Hospitals which have a design capacity of more than one hundred (100) beds, or whose application for certificate shows in the statement of purpose and need that such hospital is designed to serve the citizens of more than one city or county;
   D.   Mining operations. Any proposed solid mineral mining operation which annually requires the removal or disturbance of solid minerals or overburden in an area, whether or not contiguous, greater than five (5) acres. In computing the acreage for this purpose, a removal or disturbance of solid materials or overburden shall be considered part of the same operation if it is all located within a circle, the radius of which is one mile and the center of which is located in an area of removal of disturbed solid minerals or overburden;
1. The term "overburden" means the natural covering of a solid mineral sought to be mined, including, but not limited to, soils, sands, rocks, gravel, limestone, water or peat.
2. The term "solid mineral" includes, but is not limited to, clay, sand, gravel, phosphate rock, lime, stone, and any rare earths contained in the soils or waters of this state, which have heretofore been discovered or may be hereafter discovered.
3. This definition does not include crushing, extraction, refining or smelting operations. Such operations are not permitted in a planned community development.
   E.   Airports. Any new commercial service or general aviation airport with a paved runway.
   F.   Attractions. Any sport, entertainment, amusement or recreation facility, including, but not limited to, sports arena, stadium, racetrack or amusement park, the construction and/or expansion of which: 1) provides parking spaces for more than two hundred (200) cars; or 2) provides more than two thousand (2,000) permanent seats for spectators. (Ord. 93-14, 5-26-1993)

9-13A-4: CONSIDERATIONS:

   A.   Plan Intent: The PCD project plan and any development agreement approved and adopted by the city council pursuant to this article is intended to be utilized as a master plan in relation to the zoning, regulation and development of properties designated therein. The design guidelines and standards approved and adopted by the city council pursuant to its adoption of the PCD project plan and/or development agreement shall control and regulate the development and construction within the project.
   B.   Design: The PCD shall be designed so as to: 1) preserve existing trees, native land cover, natural watercourses and topography; 2) prevent excessive grading and scarring of the landscape; and 3) interface with existing street plans and/or subdivisions contiguous to the proposed PCD. (Ord. 93-14, 5-26-1993)

9-13A-5: RESPONSIBILITIES:

   A.   Applicant: The applicant shall prepare a PCD project plan consistent with the requirements and standards contained in this article and shall pay for the design and inspection of the public improvements required by city specifications or PCD design standards, as applicable. The city shall process the required PCD project plan and/or development agreements in accordance with the regulations set forth herein. The applicant shall not alter the terrain or remove any vegetation from the proposed PCD site or engage in any site development until he/she has obtained the necessary approvals as outlined herein or required by any other applicable ordinance.
   B.   City Staff: The city staff shall review the PCD project plan for design, conformity to this article and other applicable ordinances, and shall process the PCD project plan and application as provided under this article.
   C.   Planning Commission: The planning commission shall act as an advisory commission to the city council. It is charged with making investigations, reports and recommendations on proposed PCDs as to their conformance to this article and other pertinent ordinances and statutes. The planning commission shall recommend approval, approval with conditions, or disapproval of the proposed PCD, and/or the PCD project plan.
   D.   City Attorney: The city attorney shall review the form of any development agreement provided herein and/or final PCD project plan to determine: 1) if it is correct and acceptable pursuant to this article and that all other applicable ordinances are complied with; 2) that the individual dedicating land for use of the public is the owner of record; and 3) that the land dedicated for the use of the public is free and clear of unacceptable encumbrances according to the title report, which shall be submitted by the applicant.
   E.   City Manager: The city manager shall act as a liaison between the planning commission, city staff, city attorney and city council. Upon review and final recommendation by the planning commission, the PCD application and PCD project plan shall be forwarded to the city manager for presentation to the city council for final action. (Ord. 93-14, 5-26-1993)

9-13A-6: APPLICATION:

An application for approval of any PCD shall be filed with the city staff by a person having an interest in the property for which the PCD is requested at least sixty (60) days prior to the planning commission meeting at which the application will be considered. The application shall be made on a form provided by the city and must include written consent by the owner/owners of all property to be included in the PCD. The PCD application shall include:
   A.   A map of existing sites;
   B.   A preliminary schematic plan (as defined under section 9-13A-7 of this article);
   C.   A written statement of intent and objectives;
   D.   A completed application form, which is supplied by the city; and
   E.   Payment of required fees. (Ord. 93-14, 5-26-1993)

9-13A-7: SCHEMATIC PLAN REVIEW:

   A.   Plan Required: A schematic plan shall be required of all applicants. This provides the applicant with an opportunity to consult with and receive assistance from the city regarding the regulations and design requirements applicable under this article and/or pursuant to the development agreement.
   B.   Included Information: A schematic plan shall include:
      1.   An accurate map showing boundaries, topography, important physical features, adjacent properties, and a sketch of the proposed PCD land uses, major roadways and other items the applicant determines may clarify the intent of the project; and
      2.   A general statement of intent and long range planning goals and objectives.
   C.   Submission: The schematic plan shall be submitted to the city staff for preliminary review. After submittal, the staff shall present the schematic plan to the planning commission at a regularly scheduled planning commission meeting for their information and preliminary comments.
   D.   Applicability: The schematic plan requirement is designed to provide the applicant with helpful information and suggestions before he/she incurs the expense and time involved in preparing a detailed PCD project plan. However, only the city council may bind the city and only the city manager and planning commission can make official recommendations to the city council. The city employees, planning staff and individual planning commissioners may make recommendations, suggestions and dispense information regarding applicable ordinances, but such comments or suggestions shall in no way be binding upon the city. (Ord. 93-14, 5-26-1993)

9-13A-8: PROJECT PLAN:

After completion of the schematic review by the city staff and planning commission, the applicant shall submit a PCD project plan, which shall include the following:
   A.   Map Of Existing Site: The map of the existing site as required under section 9-13A-6 of this article shall show the following information for the site prior to the demolition of any existing improvement or alternations to natural vegetation and terrain:
      1.   Vicinity map (scale to be determined by planning staff during plan review);
      2.   Scale and north arrows;
      3.   Site boundaries, dimensions and acreage;
      4.   Typography with contours at not greater than ten foot (10') intervals;
      5.   Existing vegetation, location and types;
      6.   Existing structures and designation of their current uses;
      7.   Existing roads and other improvements;
      8.   Location of existing public utilities and utility easements;
      9.   Such other data as may be required as a result of unique conditions or circumstances associated with the proposed PCD; and
      10.   Description and location of existing public utilities and services, including fire and police stations, schools, hospitals and their proximity to the PCD.
   B.   Specific Site Plan: The specific site plan shall consist of a plan showing the major details of the proposed PCD project, together with supporting information as required hereunder. The plan will be prepared at a scale determined by the city staff at the schematic plan review stage. The specific plan guides the creation of the PCD and ensures that the completed development will meet the standards envisioned at the time of approval. The design guidelines and standards that are established within the specific plan shall function as the primary land use regulatory tool establishing the land use controls, standards and procedures applicable to development and construction of the PCD. The specific site plan shall contain the following information:
      1.   Proposed name of the PCD;
      2.   Scale and north arrow;
      3.   Name and address of applicant, owner and the preparer of the plan;
      4.   All proposed land uses, densities and proposed units within the PCD, including a land use summary and population projections for the proposed units. This section shall also include a comparison of proposed densities with the densities permitted in similar city zoning districts;
      5.   Designation of major roads and highways both within the proposed PCD and those that interface or adjoin the proposed PCD;
      6.   Topography with contours no greater than ten foot (10') intervals; and
      7.   Public and civic facilities, both currently existing and proposed, including, without limitation, schools, churches, fire stations, police stations, hospitals and existing utility service locations.
   C.   Design Guidelines And Standards: Design guidelines and standards, which will show in detail the internal land use standards and regulations to be applied to the PCD, including all proposed land use regulations, procedures and specifications, as well as specific building and architectural standards and criteria as applicable.
   D.   Grading Concept Plan: Grading concept plan.
   E.   Utilities Plan: This plan designates the location of main lines for water, sewer, gas, electric and phone services.
   F.   General Landscape Plan: A general landscape plan designates: 1) proposed open spaces; and 2) general landscaping criteria, including a list of plants and materials to be used. These criteria will be followed by a detailed landscape plan which will be submitted with the application for final plat approval on each phase.
   G.   Preliminary Geology And Soils Reports: A more detailed geology and soils report will be provided with a final plat application on each phase.
   H.   Cultural Resource Study: A cultural resource study is intended to identify any potential historical or prehistorical resources on the project site.
   I.   Site Drainage Plan: The site drainage plan includes designation of existing natural drainage patterns, together with any proposed modifications or construction of additional drainage and/or retention facilities.
   J.   Traffic Study: Traffic study and analysis.
   K.   Noise Impact: Noise impact report.
   L.   Project Phasing Plan: A project phasing plan outlines approximate time frames for the beginning and completion of each phase of proposed development and construction.
   M.   Adjoining Owner Identification: The names and addresses of all adjoining property owners.
   N.   Construction, Maintenance Responsibilities: Construction and maintenance responsibilities.
   O.   Miscellaneous Studies: The applicant shall provide such additional studies as may be pertinent to the specific site, context and characteristics of the proposed PCD, as may be required under state or federal law, including, without limitation, biology studies, environmental studies, wetland analysis and EPA assessments.
   P.   Written Statement: The written statement to be submitted with the PCD application shall contain the following information:
      1.   A statement of purpose and intent; and long range planning goals and objectives, including design intent, general architectural themes and guidelines.
      2.   A statement of the ownership, proposed tenancy and legal description of the land included in the PCD project plan, together with a preliminary title report.
      3.   A statement of any internal land use standards and regulations which will be applied to properties and uses within the proposed PCD. (Ord. 93-14, 5-26-1993)

9-13A-9: STAFF REVIEW:

The city staff shall receive and check the PCD project plan for general compliance with this article and required submissions. If the PCD project plan is not complete, or not in general compliance, the city staff shall notify the applicant in writing and specify the respects in which it is deficient. If the submission is complete and in general compliance, the applicant shall transmit the requested number of copies of the complete PCD plan, together will all accompanying data, to those public agencies and utilities as may be concerned, as designated by the city staff. Each of the public agencies and utilities may, within fifteen (15) working days, forward to the city staff a written report of its findings and recommendations. These agencies shall include, but not necessarily be limited to, improvement districts; Southwest Utah district health department; school district; public works department; fire department; and telephone, gas and power companies. The staff will also provide the city manager with one full set of the PCD project plans for comment and review. (Ord. 93-14, 5-26-1993)

9-13A-10: PLANNING COMMISSION REVIEW:

Within a reasonable time, but not less than sixty (60) days after filing of the PCD project plan and accompanying data for a staff review, the city manager shall forward the application and PCD project plan to the planning commission for review and action thereon. The planning commission shall base its findings upon the review standards set forth below. If the planning commission shall find that the proposed PCD project plan complies with the requirements of this article and that it is satisfied with the proposed PCD project plan, it shall recommend approval, or approval with conditions, of the PCD project plan. If the planning commission finds that the proposed PCD project plan does not meet the requirements of this article or other applicable ordinances, it shall recommend disapproval of the PCD project plan and shall include with its recommendations written findings as to the deficiencies and basis for its recommendation.
   A.   Review Standards: The planning commission shall review the PCD project plan for substantial compliance with this article. In addition, the planning commission shall consider the following matters when reviewing the PCD project plan:
      1.   Consideration relating to traffic safety and traffic flow patterns, including, without limitation, the effect of the PCD project plan on traffic conditions on adjoining streets and circulation patterns within the boundary of the proposed PCD.
      2.   General signage proposals, including design standards, tentative locations and lighting of signage.
      3.   General landscaping plans, including proposed materials, landscaping guidelines and proposed dedicated open spaces, parks, etc.
      4.   Considerations relating to the presence of hazards on the site, including, without limitation: a) the location of any floodplains or channels; b) the location of any unstable soil formations or geologic formations, including known earthquake faults; and c) the location of critical public facilities, such as schools, churches, utilities or transportation corridors.
      5.   Considerations relating to the overall consistency of planning design and objectives.
   B.   Notice Of Final Action: The city manager shall provide notice to the applicant, in writing, of the final action taken by the planning commission and shall submit to the city council written recommendations of approval or denial of the PCD project plan, together with accompanying data, and minutes of the planning commission meeting, and shall schedule the application for a public hearing and review before the city council. (Ord. 93-14, 5-26-1993)

9-13A-11: CITY COUNCIL REVIEW:

   A.   Public Hearing: Within a reasonable time, not to exceed sixty (60) days of receipt of the recommendation from the planning commission, and after giving public notice in a manner prescribed in section 9-2-7 of this title, the city council shall hold a public hearing on the PCD project plan. Members of the public may submit written comments to be part of the public hearing record, or may present oral comments at the hearing.
   B.   Recommendations Not Binding: The city council shall not be bound by the recommendation of the planning commission, the city manager or city departments, and may set its own conditions and requirements consistent with this article.
   C.   Final Action; Time Limit; Extension: Within a reasonable time, not to exceed thirty (30) days following the public hearing, the city council shall take final action on the PCD project plan. In the event of unforeseen circumstances which may not allow the city council to take final action within thirty (30) days, the city council and applicant may enter into an extension agreement which specifies when final action will take place. If the city council determines that the PCD project plan is in conformity with the requirements of this article, other applicable ordinances, and any conditions as recommended by the city departments, planning commission, city manager, or on its own initiative, and that it is satisfied with the PCD project plan, it shall approve the plan and shall include with its approval written findings as to the basis for its approval. The city council may also find that the PCD project plan is not in conformance with the requirements of this article other applicable ordinances, and any conditions as recommended by the city departments, planning commission, city manager, or on its own initiative, and may deny the plan and shall include with its disapproval written findings as to the basis for its denial. (Ord. 93-14, 5-26-1993)

9-13A-12: CONSTRUCTION LIMITATIONS/SUBSEQUENT APPROVALS:

   A.   Phasing Plan Approvals: Upon approval of the PCD project plan, the applicant shall then apply for final plan approval for the specific phases of the PCD as outlined under the PCD project plan. Review and approval of final plat applications shall be governed by section 10-3-4 of this code. All detailed plans and specifications as required under section 10-3-4 of this code shall comply with and proceed only in accordance with the design guidelines and standards adopted by the city and/or established and approved under the PCD project plan and/or development agreement.
   B.   Further City Review: So long as the specific phases of development and construction comply with the provisions of the approved PCD project plan and/or development agreement, further review and approval of subsequent phases contemplated under the PCD project plan shall not require additional planning commission or city council review and approvals beyond finding that each phase is in conformance with the approved project plan and/or development agreement, and that all platting requirements are met.
   C.   Amendments: Amendments to the approved PCD project plans or to any conditions attached by the city council with its final approval shall be obtained only by following the procedures herein outlined governing the original approval.
   D.   Permit Issuance: The city staff shall not issue any permit for any grading proposed building, structure or use within any approved PCD, unless such building, structure or use is in accordance with the approved PCD project plan and with any conditions imposed by the city council with its final approval.
   E.   Assignment Of Rights: Approvals and specific plan design standards established within the approved PCD project plan and/or development agreement shall be assignable and transferable with the property. (Ord. 93-14, 5-26-1993)

9-13A-13: DEVELOPMENT AGREEMENTS:

   A.   General Provisions: When a PCD project plan is approved by the city council, the city council may choose to enter into a development agreement with the applicant. Such agreement shall constitute a binding contract between the applicant and the city (the parties) and shall be construed together with the provisions of the PCD project plan and any conditions attached thereto, to accomplish and give effect to the purposes set forth in this article. The city council, by and through the mayor, shall be authorized to sign the development agreement on behalf of the city.
   B.   Purpose: The purpose of the development agreement shall be to specify the detailed terms and conditions upon which the parties will cooperate in completing development of the subject property under the PCD project plan. The development agreement shall create a vested right in applicant or its successors or assigns to develop and construct the project as set forth in the PCD project plan. The agreement may also specify the terms and conditions relating to annexation of the subject property, if applicable.
   C.   Amendments: Any development agreement may be amended by mutual written consent of the parties.
   D.   Mandatory Contents: A development agreement entered into pursuant to this article shall contain provisions that:
      1.   Specify the duration of the agreement;
      2.   Specify the permitted uses of the property;
      3.   Specify the permitted density of use or development;
      4.   Specify the maximum height and dimensions of the proposed structures;
      5.   Set forth the provisions for the reservation or dedication of lands for public purposes, including, without limitation, parks, roadways and utility easements, as applicable;
      6.   Provide that construction shall be commenced within a specified time and that the project or any phase thereof shall be completed within a specified time which shall be consistent with the expected build out of the phase. The development agreement may also include a provision which allows the parties to amend the expected build out calculations approved in the original development agreement;
      7.   Provide for periodic review of the status of performance under the development agreement.
   E.   Permissive Contents: Development agreement between the parties pursuant to this article may:
      1.   Include conditions, terms, restrictions and requirements for subsequent discretionary action; provided, that the subsequent discretionary action shall not prevent development of the land pursuant to the PCD project plan;
      2.   Include terms and conditions relating to the applicant's financing of required public improvements, facilities and infrastructure related to the project, including, without limitation, the applicant's participation in benefit assessment proceedings.
   F.   Execution And Recording:
      1.   The parties shall not execute any development agreements prior to the final approval by the city council of any PCD project plan as provided under this article.
      2.   An executed development agreement under this article shall be recorded in the office of the county recorder within ten (10) days after it is executed by the parties. (Ord. 93-14, 5-26-1993)

9-13A-14: APPEAL OF FINAL DECISIONS:

   A.   Authority; Time Limit: Any person adversely affected may file a petition for review of the decision of the city council to the district court. Such petition shall be filed within thirty (30) days after the final decision is rendered.
   B.   Scope Of Recommendations: Recommendations made by the planning commission or city staff under this article shall be advisory only and not considered final or subject to judicial appeal. (Ord. 93-14, 5-26-1993)

9-13B-1: PURPOSE AND INTENT:

   A.   The purpose of this article is to provide for mobile home and recreational vehicle developments which are suitably developed for the placement and occupancy of mobile homes or recreational vehicles for recreational purposes on approved spaces. The intent of this article is to encourage the development of a unified project with adequate open space and other factors which preserve the residential character of the area and to prohibit uses that are incompatible with surrounding areas and developments.
   B.   A park is intended to provide a harmonious environment for small families with relatively few children on rented or leased spaces for long term or temporary use. In contrast, a subdivision is intended to accommodate individually owned spaces. Both types of development will include necessary accessory uses and amenities. (Ord. 89-5, 3-1-1989)

9-13B-2: MOBILE HOME OR RECREATIONAL VEHICLE PARKS:

   A.   Location: A mobile home or recreational vehicle park may be established in the mobile home - recreational vehicle (MH) zone, after the planning commission has reviewed the proposed park for compliance with the requirements of this article and approved the park.
   B.   Approval Procedure: All mobile home or recreational vehicle parks are conditional uses, which require planning commission review and approval. All applicants for mobile home or recreational vehicle parks shall comply with the conditional use permit approval process as outlined in chapter 17 of this title.
   C.   Mobile Home Park Design And Development Requirements: All approved mobile home parks shall meet the following minimum standards:
      1.   Management Staff: Each mobile home park owner shall provide for a local management staff which is responsible to handle the daily enforcement and property management for the park owner. The park owner shall be responsible to ensure that the park remains in compliance with the requirements of this article;
      2.   Size: A minimum total park size of ten (10) acres;
      3.   Density: A maximum density of eight (8) mobile home spaces per gross acre;
      4.   Ingress And Egress: Ingress and egress from an arterial or collector street;
      5.   Area, Width And Yard: Area, width and yard standards as follows:
         a.   Four thousand (4,000) square foot minimum mobile home space size;
         b.   Forty foot (40') minimum space width at the building setback line;
         c.   Sixty foot (60') minimum space depth;
         d.   Five foot (5') minimum setback from the mobile home, room additions or awnings to the front and side space lines;
         e.   Ten foot (10') minimum setback from the mobile home, room additions or awnings to the rear space line and/or any exterior park boundary;
      6.   Masonry Wall:
         a.   A masonry wall six feet (6') in height shall be required along all exterior property lines unless the planning commission determines that topographic or other land related conditions make such wall unnecessary. The masonry wall, when adjacent to a public street, shall be set back ten feet (10') from the property line, and a ten foot (10') wide landscaped strip shall be installed between the wall and property line. Other exterior walls may abut the property line;
         b.   The developer/owner shall maintain all landscaping between the wall and the street. Additional landscaped strips along other exterior property lines may be provided by the developer or required by the planning commission to ensure compatibility between the park and adjacent land uses;
      7.   Access To Spaces: Access to all mobile home spaces shall be from the interior private streets of the park. There shall be no public streets within the park, except as required and determined to be necessary by the planning commission. There shall be no individual access to any mobile home space from any public right of way;
      8.   Recreational Open Space And/Or Facilities: A minimum of one hundred (100) square feet of recreational open space and/or recreational facilities shall be provided for each mobile home space in the park. Public or private streets, vehicle storage areas and exterior boundary landscaping areas shall not be included in calculating recreational open space. A minimum of ten percent (10%) of the required recreation square footage shall be enclosed within a recreation hall or building. All such facilities shall be constructed in the first phase of any phased project;
      9.   Private Streets: Private streets inside the park shall have a minimum width of thirty two feet (32') from edge of pavement to edge of pavement. Private streets shall be constructed of a minimum of two inches (2") of asphalt over six inches (6") of ABC;
      10.   Curbs And Gutters: Curbs and gutters shall be installed in compliance with the subdivision ordinance and shall be designed so as to provide adequate drainage and as an edging on both sides of private streets;
      11.   Off Street Parking: A minimum of two (2) off street automobile parking spaces shall be provided on each mobile home space. These parking spaces may be of tandem design, but may not project within the required front yard setback area. All required parking spaces must be paved with either two inches (2") of asphalt or four inches (4") of concrete;
      12.   Visitor Off Street Parking: A minimum of one visitor off street parking space shall be provided for each five (5) mobile home spaces. These visitor parking spaces shall be located as approved by the planning commission;
      13.   Refuse Collection Facilities: All canister type refuse collection facilities shall be surrounded on three (3) sides by visually opaque screening fences or walls;
      14.   Entrances: Each mobile home park shall be provided with a minimum of two (2) separate vehicular entrances. The entrances shall be located no less than twenty five feet (25') apart. One of the entrances may be designed and constructed for use by emergency vehicles only;
      15.   Storage Buildings: Storage buildings not exceeding one hundred fifty (150) square feet are permitted on each mobile home space. All storage buildings shall be located in the rear half of the space and shall be accessible only through an exterior door;
      16.   Additions, Awnings Or Covers: All room additions, awnings or covers shall be regulated by the adopted building code in effect at the time of construction. All room additions shall be structurally independent of the mobile home itself, but may be attached to the mobile home by weather stripping;
      17.   Fixtures To Comply: All electrical and plumbing fixtures, hookups and improvements in mobile home parks shall be in compliance with all applicable city ordinances in effect at the time of construction;
      18.   Waste Disposal Systems: All sewage and other liquid waste disposal systems in mobile home parks shall be required to make connection with public sewer facilities where available. If no public sewer facilities are available, the planning commission may approve a sewage disposal system which has been reviewed and approved by the Southwest Utah district health department;
      19.   Water And Electrical: Each mobile home space shall be provided with an approved public water supply and electrical connection;
      20.   Underground Utilities: All utilities shall be installed underground; and
      21.   Enclosed Storage Area: Each mobile home park shall be provided with an enclosed area for the storage of tenants' boats, recreational vehicles and other similar property. The size and location of the storage area shall be approved by the planning commission at the time of conditional use permit approval.
   D.   Recreational Vehicle Park Design And Development Requirements: All approved mobile home parks shall meet the following minimum standards:
      1.   Local Management: Each recreational vehicle park owner shall provide for a local management staff which is responsible to handle the daily enforcement and property management for the park owner. The park owner shall be responsible to ensure that the park remains in compliance with the requirements of this article;
      2.   Size: A minimum total park size of ten (10) acres;
      3.   Density: A maximum density of fifteen (15) recreational vehicle spaces per gross acre;
      4.   Ingress And Egress: Ingress and egress from an arterial or collector street;
      5.   Area, Width And Yard: Area, width and yard standards as follows:
         a.   One thousand two hundred (1,200) square foot minimum recreational vehicle space size;
         b.   Twenty eight foot (28') minimum space width at the building setback line;
         c.   Forty foot (40') minimum space depth;
         d.   Five foot (5') minimum setback from any portion of the recreational vehicle, other than the trailer tongue, to the front space line, and a minimum setback of three feet (3') from any portion of the recreational vehicle or awning to any side or rear space line;
         e.   Ten foot (10') minimum setback from the mobile home, room additions or awnings to any exterior park boundary;
      6.   Masonry Wall:
         a.   A masonry wall six feet (6') in height shall be required along all exterior property lines unless the planning commission determines that topographic or other land related conditions make such wall unnecessary. The masonry wall, when adjacent to a public street, shall be set back ten feet (10') from the property line, and a ten foot (10') wide landscaped strip shall be installed between the wall and property line. Other exterior walls may abut the property line;
         b.   The developer/owner shall maintain all landscaping between the wall and the street. Additional landscaped strips along other exterior property lines may be provided by the developer or required by the planning commission to ensure compatibility between the park and adjacent land uses;
      7.   Access To Spaces: Access to all recreational vehicle spaces shall be from the interior private streets of the park. There shall be no public streets within the park, except as required and determined to be necessary by the planning commission. There shall be no individual access to any recreational vehicle space from any public right of way;
      8.   Recreational Open Space And/Or Facilities: A minimum of one hundred (100) square feet of recreational open space and/or recreational facilities shall be provided for each recreational vehicle space in the park. Public or private streets, vehicle storage areas and exterior boundary landscaping areas shall not be included in calculating recreational open space. A minimum of ten percent (10%) of the required recreation square footage shall be enclosed within a recreation hall or building. All such facilities shall be constructed in the first phase of any phased project;
      9.   Private Streets: Private streets inside the park shall have a minimum width of thirty two feet (32') from edge of pavement to edge of pavement. Private streets shall be constructed of a minimum of two inches (2") of asphalt over six inches (6") of ABC;
      10.   Curbs And Gutters: Curbs and gutters shall be installed in compliance with the subdivision ordinance and shall be designed so as to provide adequate drainage and as an edging on both sides of private streets;
      11.   Off Street Parking: A minimum of one off street automobile parking space shall be provided on each recreational vehicle space. All required parking spaces must be paved with either two inches (2") of asphalt or four inches (4") of concrete;
      12.   Visitor Off Street Parking: A minimum of one visitor off street parking space shall be provided for each five (5) recreational vehicle spaces. These visitor parking spaces shall be located as approved by the planning commission;
      13.   Refuse Collection Facilities: All canister type refuse collection facilities shall be surrounded on three (3) sides by visually opaque screening fences or walls;
      14.   Entrances: Each recreational vehicle park shall be provided with a minimum of two (2) separate vehicular entrances. The entrances shall be located no less than twenty five feet (25') apart. One of the entrances may be designed and constructed for use by emergency vehicles only;
      15.   Fixtures To Comply: All electrical and plumbing fixtures, hookups and improvements in recreational vehicle parks shall be in compliance with all applicable city ordinances in effect at the time of construction;
      16.   Waste Disposal Systems: All sewage and other liquid waste disposal systems in recreational vehicle parks shall be required to make connection with public sewer facilities where available. If no public sewer facilities are available, the planning commission may approve a sewage disposal system which has been reviewed and approved by the Southwest Utah district health department;
      17.   Water And Electrical: Each recreational vehicle space shall be provided with an approved public water supply and electrical connection;
      18.   Utilities Underground: All utilities shall be installed underground;
      19.   Enclosed Storage Area: Each mobile home park shall be provided with an enclosed area for the storage of tenants' boats, recreational vehicles and other similar property. The size and location of the storage area shall be approved by the planning commission at the time of conditional use permit approval; and
      20.   Sanitary Facilities: Sanitary facilities shall comply with the recreational vehicle park sanitation regulations adopted by the Utah state board of health in effect at the time of application. (Ord. 89-5, 3-1-1989)

9-13B-3: MOBILE HOME OR RECREATIONAL VEHICLE SUBDIVISIONS:

   A.   Location: A mobile home or recreational vehicle subdivision may be established in the mobile home - recreational vehicle (MH) zone, after the planning commission has reviewed the proposed subdivision for compliance with the requirements of this article and approved the subdivision.
   B.   Approval Procedure: All mobile home or recreational vehicle subdivisions are conditional uses, which require planning commission review and approval. All applicants for mobile home or recreational vehicle subdivisions shall comply with the conditional use permit approval process as outlined in chapter 17 of this title.
   C.   Recreational Vehicle Subdivision Design And Development Requirements: All approved recreational vehicle subdivisions shall meet the following minimum standards:
      1.   Property Owners' Association; Local Management: Each recreational vehicle subdivision owner shall provide for a property owners' association with a board of directors who shall administer and enforce the required covenants, conditions and restrictions. The board of directors shall provide for a local management staff which is responsible to handle the daily enforcement and property management for the subdivision owner. The subdivision owner shall be responsible to ensure that the park remains in compliance with the requirements of this article;
      2.   Size: A minimum total subdivision size of ten (10) acres;
      3.   Density: A maximum density of fifteen (15) mobile home spaces per gross acre;
      4.   Ingress And Egress: Ingress and egress from an arterial or collector street;
      5.   Area, Width And Yard: Area, width and yard standards as follows:
         a.   One thousand seven hundred fifty (1,750) square foot minimum recreational vehicle lot size, with an average lot size of at least two thousand (2,000) square feet;
         b.   Thirty five foot (35') minimum space width at the building setback line;
         c.   Fifty foot (50') minimum space depth;
         d.   Seven foot (7') minimum setback from any portion of the recreational vehicle, other than the trailer tongue, to the front lot line. A front side shall be designated on every lot which has access from more than one street;
         e.   Five foot (5') minimum setback from any portion of the recreational vehicle or awning to any side or rear lot line;
         f.   Ten foot (10') minimum setback from the recreational vehicle or related awnings to any exterior park boundary;
      6.   Masonry Wall:
         a.   A masonry wall six feet (6') in height shall be required along all exterior property lines unless the planning commission determines that topographic or other land related conditions make such wall unnecessary. The masonry wall, when adjacent to a public street, shall be set back ten feet (10') from the property line, and a ten foot (10') wide landscaped strip shall be installed between the wall and property line. Other exterior walls may abut the property line.
         b.   The developer/owner shall maintain all landscaping between the wall and the street. Additional landscaped strips along other exterior property lines may be provided by the developer or required by the planning commission to ensure compatibility between the park and adjacent land uses;
      7.   Access To Lots: Access to all recreational vehicle lots shall be from the interior private streets of the subdivision. There shall be no public streets within the subdivision, except as required and determined to be necessary by the planning commission. There shall be no individual access to any recreational vehicle lot from any public right of way;
      8.   Recreational Open Space And/Or Facilities: A minimum of one hundred (100) square feet of recreational open space and/or recreational facilities shall be provided for each recreational vehicle lot in the subdivision. Public or private streets, vehicle storage areas and exterior boundary landscaping areas shall not be included in calculating recreational open space. A minimum of ten percent (10%) of the required recreation square footage shall be enclosed within a recreational hall or building. All such facilities shall be constructed in the first phase of any phased project;
      9.   Private Streets: Private streets inside the subdivision shall have a minimum width of thirty two feet (32') from edge of pavement to edge of pavement. Private streets shall be constructed of a minimum of two inches (2") of asphalt over six inches (6") of ABC;
      10.   Curbs And Gutters: Curbs and gutters shall be installed in compliance with the subdivision ordinance and shall be designed so as to provide adequate drainage and as an edging on both sides of private streets;
      11.   Parking: A minimum of one automobile parking space shall be provided on each recreational vehicle lot. All required parking spaces must be paved with either two inches (2") of asphalt or four inches (4") of concrete;
      12.   Visitor Off Street Parking: A minimum of one visitor off street parking space shall be provided for each five (5) recreational vehicle lots. These visitor parking spaces shall be located as approved by the planning commission;
      13.   Refuse Collection Facilities: All canister type refuse collection facilities shall be surrounded on three (3) sides by visually opaque screening fences or walls;
      14.   Entrances: Each recreational vehicle subdivision shall be provided with a minimum of two (2) separate vehicular entrances. The entrances shall be located no less than twenty five feet (25') apart. One of the entrances may be designed and constructed for use by emergency vehicles only; (Ord. 89-5, 3-1-1989)
      15.   Storage Building: One detached storage building not exceeding one hundred fifty (150) square feet and located on the rear one-fourth (1/4) of the lot, or one attached storage room, not exceeding one hundred fifty (150) square feet and built in conjunction with a recreational home or park model is permitted on each lot. Said storage room shall have entrance into it by an exterior door or doors only; (Ord. 90-15, 12-13-1990)
      16.   Fixtures To Comply: All electrical and plumbing fixtures, hookups and improvements in mobile home parks shall be in compliance with all applicable city ordinances in effect at the time of construction;
      17.   Waste Disposal Systems: All sewage and other liquid waste disposal systems in recreational vehicle subdivisions shall be required to make connection with public sewer facilities where available. If no public sewer facilities are available, the planning commission may approve a sewage disposal system which has been reviewed and approved by the Southwest Utah district health department;
      18.   Water And Electrical: Each recreational vehicle lot shall be provided with an approved public water supply and electrical connection;
      19.   Utilities Underground: All utilities shall be installed underground; and
      20.   Enclosed Storage Area: Each recreational vehicle subdivision shall be provided with an enclosed area for the storage of tenants' boats, recreational vehicles and other similar property. The size and location of the storage area shall be approved by the planning commission at the time of conditional use permit approval.
   D.   Mobile Home Subdivision Design And Development Requirements: All approved mobile home subdivisions shall meet the following minimum standards:
      1.   Property Owners' Association; Local Management: Each mobile home subdivision owner shall provide for a property owners' association with a board of directors who shall administer and enforce the required covenants, conditions and restrictions. The board of directors shall provide for a local management staff which is responsible to handle the daily enforcement and property management for the subdivision owner. The subdivision owner shall be responsible to ensure that the park remains in compliance with the requirements of this article;
      2.   Size: A minimum total subdivision size of ten (10) acres;
      3.   Density: A maximum density of seven (7) mobile home spaces per gross acre;
      4.   Ingress And Egress: Ingress and egress from an arterial or collector street;
      5.   Area, Width And Yard: Area, width and yard standards as follows:
         a.   Six thousand (6,000) square foot minimum mobile home lot size;
         b.   Sixty foot (60') minimum space width at the building setback line;
         c.   Ninety four foot (94') minimum space depth;
         d.   Twenty foot (20') minimum setback from any portion of the mobile home, room additions or related awnings to the front lot line;
         e.   Five foot (5') minimum setback from one side lot line and ten feet (10') from the opposite side lot line to the mobile home, room additions or related awnings;
         f.   Ten foot (10') minimum setback from the mobile home, room additions or awnings to the rear lot line and any exterior park boundary;
      6.   Masonry Wall:
         a.   A masonry wall six feet (6') in height shall be required along all exterior property lines unless the planning commission determines that topographic or other land related conditions make such wall unnecessary. The masonry wall, when adjacent to a public street, shall be set back ten feet (10') from the property line, and a ten foot (10') wide landscaped strip shall be installed between the wall and property line. Other exterior walls may abut the property line;
         b.   The developer/owner shall maintain all landscaping between the wall and the street. Additional landscaped strips along other exterior property lines may be provided by the developer or required by the planning commission to ensure compatibility between the park and adjacent land uses;
      7.   Access: Access to all mobile home lots shall be from the interior private streets of the subdivision. There shall be no public streets within the subdivision, except as required and determined to be necessary by the planning commission. There shall be no individual access to any mobile home lot from any public right of way;
      8.   Recreational Open Space And/Or Facilities: A minimum of one hundred (100) square feet of recreational open space and/or recreational facilities shall be provided for each mobile home lot in the subdivision. Public or private streets, vehicle storage areas and exterior boundary landscaping areas shall not be included in calculating recreational open space. A minimum of ten percent (10%) of the required recreational square footage shall be enclosed within a recreation hall or building. All such facilities shall be constructed in the first phase of any phased project;
      9.   Private Streets: Private streets inside the subdivision shall have a minimum width of thirty two feet (32') from edge of pavement to edge of pavement. Private streets shall be constructed of a minimum of two inches (2") of asphalt over six inches (6") of ABC;
      10.   Curbs And Gutters: Curbs and gutters shall be installed in compliance with the subdivision ordinance and shall be designed so as to provide adequate drainage and as an edging on both sides of private streets;
      11.   Parking: A minimum of two (2) automobile parking spaces shall be provided on each mobile home lot. These spaces may be of tandem design, but may not project within the required front yard area. All required parking spaces must be paved with either two inches (2") of asphalt or four inches (4") of concrete;
      12.   Visitor Off Street Parking: A minimum of one visitor off street parking space shall be provided for each five (5) mobile home lots. These visitor parking spaces shall be located as approved by the planning commission;
      13.   Refuse Collection Facilities: All canister type refuse collection facilities shall be surrounded on three (3) sides by visually opaque screening fences or walls;
      14.   Entrances: Each mobile home subdivision shall be provided with a minimum of two (2) separate vehicular entrances. The entrances shall be located no less than twenty five feet (25') apart. One of the entrances may be designed and constructed for use by emergency vehicles only;
      15.   Fixtures In Compliance: All electrical and plumbing fixtures, hookups and improvements in mobile home subdivisions shall be in compliance with all applicable city ordinances in effect at the time of construction;
      16.   Waste Disposal Systems: All sewage and other liquid waste disposal systems in mobile home subdivisions shall be required to make connection with public sewer facilities where available. If no public sewer facilities are available, the planning commission may approve a sewage disposal system which has been reviewed and approved by the Southwest Utah district health department;
      17.   Water And Electrical: Each mobile home lot shall be provided with an approved public water supply and electrical connection;
      18.   Utilities Underground: All utilities shall be installed underground;
      19.   Enclosed Storage Area: Each mobile home subdivision shall be provided with an enclosed area for the storage of tenants' boats, recreational vehicles and other similar property. The size and location of the storage area shall be approved by the planning commission at the time of conditional use permit approval; and
      20.   Sanitary Facilities: Sanitary facilities shall comply with the mobile home park sanitation regulations adopted by the Utah state board of health in effect at the time of application. (Ord. 89-5, 3-1-1989)