The purpose of the residential agricultural zone is to provide appropriate areas in the city where low density residential development can be accompanied by small scale agricultural activities, such as gardening and animal husbandry. (Ord. 89-5, 3-1-1989)

   A.   Permitted Uses:

Accessory buildings and uses.

Agriculture.

Family food production.

Home occupations.

Household pets.

One single-family dwelling built in accordance with chapter 21 of this title.

Private riding stables.

Public park, playground or recreation facilities.

   B.   Conditional Uses:

Cemetery.

Childcare facilities.

Church.

Kennel on properties five (5) acres or larger in size.

Public buildings.

Public or commercial riding stables on properties five (5) acres or larger in size.

Public utilities.

Residential facility for persons with a disability which meets the provisions of Utah Code Annotated to the extent that state and/or federal law allows such facilities to be subject to conditional use permits.

School.

   C.   Other: Other uses, not listed as permitted or conditional uses in other zones, which are determined by the planning commission to be in harmony with the character and intent of this zone. (Ord. 2004-18, 6-9-2004)

   D.   Prohibited Uses: Except as otherwise provided for in this title, the following uses shall be excluded from the city: recreational/timeshare rentals, overnight rentals, vacation rentals, and any and all other types of short term rentals consisting of a period of twenty seven (27) days or less. (Ord. 2013-05, 2-13-2013)

All site design elements for the above listed conditional uses are subject to review and recommendation by the planning commission and approval of the city council. (Ord. 2004-18, 6-9-2004)

No building shall be erected to a height greater than two and one-half (21/2) stories or thirty five feet (35'), whichever is greater, unless otherwise approved with a conditional use permit. (Ord. 2004-18, 6-9-2004)

 

 

(Ord. 2012-17, 9-26-2012)

   A.   Side Yards:

      1.   Detached one-story private garages and other accessory buildings and structures, located at least ten feet (10') away from the main building, may have a side yard setback of three feet (3'), subject to the following conditions and restrictions:

         a.   Where applicable, a building permit is obtained.

         b.   The detached accessory building or structure is twenty feet (20') or less in height. Additional height may be acquired by moving the building or structure inward into the lot. For each foot added to the side yard setback (beyond three feet (3')), an additional foot may be added to the height of the structure, but in no case shall the detached accessory building or structure be taller than the main building.

         c.   On corner lots, the required twenty foot (20') front yard setback will be maintained on both street frontages;

         d.   The detached private garage or other accessory building or structure shall be located at least ten feet (10') behind the nearest corner of the front of the main building in the given side yard.

         e.   In no case shall the square footage of the detached accessory building or structure exceed fifty percent (50%) of the square footage of the main building.

         f.   Accessory buildings and structures located in the side yard shall not cover more than fifty percent (50%) of the side yard area.

         g.   The provisions of subsection D of this section shall be met for encroachment into the side yard setback.

      2.   One-story attached accessory shade structures, open on three (3) sides, may be located in the side yard area to within three feet (3') (at the furthest projection) of the side property line, subject to the following conditions and restrictions:

         a.   A building permit is required for all attached accessory shade structures

         b.   The shade structure roof and support columns must be fire rated and built of fire resistant materials in compliance with the International Residential Code and International Fire Code;

         c.   The shade structure shall not be built higher than the existing roof line that it abuts or exceed twelve feet (12') maximum in height, nor shall it exceed twenty feet (20') in width;

         d.   A six foot (6') high masonry wall shall be along the side property line adjacent to the shade structure;

         e.   Only one side yard area may be covered with an accessory shade structure, the other side yard shall remain open;

         f.   On corner lots, the required twenty foot (20') front yard setback will be maintained on both street frontages;

         g.   Before installation of any accessory shade structure, a building permit will be required along with approval by the Community Development Director, or his/her designee will be obtained as to materials, location and attachment to the main building; and

         h.   The provisions of subsection D of this section shall be met for encroachment into the side yard setback.

   B.   Rear Yards:

      1.   Detached one-story private garages and other accessory buildings and , structures located at least ten feet (10') away from the main building, may haveDetached one-story private garages and other accessory buildings and , structures located at least ten feet (10') away from the main building, may have a rear yard setback of three feet (3'), subject to the following conditions and restrictions:

         a.   Where applicable, a building permit is obtained.

         b.   The detached accessory building or structure is twenty feet (20') or less in height. Additional height may be acquired by moving the building or structure into the lot. For each foot added to the side/rear yard setback (beyond three feet (3'), an additional foot may be added to the height of the building or structure, but in no case shall the detached accessory building or structure be taller than the main building.

         c.   On corner lots, the required twenty foot (20') front yard setback will be maintained on both street frontages.

         d.   The detached private garage or other accessory building or structure shall be located at least ten feet (10') behind the nearest corner of the front of the main building in the given side yard.

         e.   Accessory buildings and structures (including shade structures as outlined below) located in the rear yard shall not cover more than thirty percent (30%) of the rear yard area.

         f.   The provisions of subsection D of this section shall be met for encroachment into the rear yard setback.

      2.   One-story attached accessory shade structures, open on three sides, may be located in the rear yard area to within three feet (3') (at the furthest projection) of the rear property line, subject to the following conditions and restrictions:

         a.   A building permit is required for all attached accessory shade structures.

         b.   The shade structure roof and support columns must be fire rated and built of fire-resistant materials in compliance with the International Residential Code and the International Fire Code;

         c.   The shade structure shall not be built higher than the existing roof line that it abuts, and where there is no existing one-story roof line, it shall not exceed twelve feet (12') in height;

         d.   On corner lots, the required twenty foot (20') front yard setback will be maintained on both street frontages;

         e.   Where an adjoining lot exist along the rear property line, a six foot (6') high masonry wall shall be required along the rear property line adjacent to the shade structure. Where a setback of at least ten feet (10') will be maintained between the shade structure and the rear property line, no block wall is required;

         f.   The shade structure along with any other accessory structures located in the rear yard shall not cover more than twenty five percent (25%) of the rear yard area.

   C.   Distance Between Buildings: No building, structure, enclosure or fence housing animals or fowl shall be located closer than one hundred feet (100') to a dwelling on the same or adjacent lots.

   D.   Provisions For Detached Accessory Buildings To Encroach Into Side Or Rear Yard Setback: In order for a detached one-story private garage or accessory building, twenty feet (20') or less in height, to encroach into the side or rear yard setback, the following conditions shall be met:

      1.   The roof shall not project across a property line;

      2.   Stormwater runoff from the building shall not run onto an adjacent property;

      3.   Any nonportable building to be placed over a drainage and/or utility easement shall require written approval, obtained by the applicant, from the electrical power department and public works department, and all other utility companies with easement rights, prior to obtaining a building permit, and shall require the property owner to provide and sign a recordable waiver and indemnification document that waives and indemnifies the city from any liability for any damages or expenses (including reimbursement to the city for removing the building) associated with the building being placed over an easement, and granting the city permission to remove such building at any time the city determines that said building must be removed to repair drainage facilities or utilities, or for other safety, health or welfare reasons; and

      4.   All other provisions of this title and applicable building and fire codes regarding accessory buildings shall be adhered to. (Ord. 2004-18, 6-9-2004; amd. Ord. 2019-24, 12-11-2019; Ord. 2023-20, 5-24-2023)

   A.   Program Outline: Specific areas in the Washington Fields area and some of the area north of I-15 have been designated as bonus density areas on the general plan land use map to provide incentives that will help preserve open space. These areas are allowed a base density of one dwelling unit per acre, which corresponds to the RA-1 zone. However, bonus density credits may be given as multiples of the base density for specific open space amenities (outlined below) that are incorporated into developments and are beneficial to the public. If higher density zoning is present at the time of subdivision or rezoning, credits are reduced proportionally. If all of the credits were to be granted, a property could theoretically achieve a density of three and five-tenths plus (3.5+) units per acre (2.5 plus units per acre in bonus density, plus the original 1 unit per acre in base density). However, it is unlikely that all of the density bonus categories could or would be earned on a given parcel (e.g., it is not desirable to have a public park on every parcel), plus there must be a density cap to meet the intent of the general plan. Therefore, the actual density increases resulting will average close to the two and five-tenths (2.5) units per acre identified as a goal in the general plan.

   B.   Program Participation: If the property is already zoned RA-1, then an applicant may simply propose a subdivision that meets the RA-1 zone development standards. If the applicant wants to participate in the bonus density program, a development agreement may be proposed that incorporates the open space amenities for the bonus density credits, along with a proposed subdivision. If the property has a zoning designation that is less dense than the RA-1 zone, then a zone change request to RA-1 must first be approved by the city council after a recommendation by the planning commission. If the applicant wants to participate in the bonus density program, a development agreement may be proposed along with the zone change request, or the applicant may wait until the RA-1 zone is approved and then propose a development agreement along with a proposed subdivision. If the applicant does not want to participate in the bonus density program, then a proposed subdivision must meet the RA-1 zone development standards. If the property has a zoning designation that is more dense than the RA-1 zone and an applicant wants to participate in the bonus density program, density credits will be proportionally reduced and identified in a development agreement.

   C.   Modified Area, Width And Yard Regulations: Since the purpose of the bonus density program is to help preserve open space, lots in a subdivision may be clustered and the areas of the lots may be reduced. As lots are reduced in size, their widths and minimum yard setbacks must also be proportionally reduced in size. Lot setbacks must be noted on the final plat of each subdivision. The following table outlines the modified area, width and yard regulations for lots when an applicant participates in the bonus density program:

 

Notes:

      1.   The absolute minimum lot size is 6,000 square feet. The smallest lots of a subdivision are to be internal to the project, and the lot sizes along the subdivision boundaries are to be within a single density transition category of adjacent properties.

      2.   Unlike the minimum yard setbacks, the lot widths are more of a general guideline than a minimum standard. The intent is for the lot widths to be proportional to the corresponding lot size range. It is undesirable to have lots extremely narrow compared to their depths. Each proposed subdivision will be evaluated to see if this intent is being met. Flag lots may also be considered for properties that have irregular shapes and/or topography.

   D.   Open Space Amenities And Bonus Density Credits:

      1.   Interconnectivity Of Internal Streets: Streets connect to each other within the project to create an informal grid that provides multiple routes for emergency vehicles and distributes traffic evenly through a neighborhood. To qualify for this density bonus, no more than twenty percent (20%) of the lots shall be located on cul-de- sacs.

Credit:    Twenty five percent (25%) increase in density.

      2.   Interconnectivity Of External Streets: Streets connect to adjoining parcels/subdivisions to create an informal grid that provides multiple routes for emergency vehicles and distributes traffic evenly through a subarea. To qualify for this density bonus, access streets in addition to what is already required (the basic minimum number of access streets for each subdivision is 2, but larger subdivisions or subdivisions that have specific access and/or circulation issues may require more than 2 access streets), shall be provided, and the additional connecting streets provided shall be stubbed internal to adjacent properties and not perpendicular to streets external to the development.

Credit:    Fifteen percent (15%) increase in density for one additional street.

Twenty five percent (25%) increase in density for more than one additional street.

      3.   Houses Facing Onto Arterial And Major Collector Streets: It is acknowledged that major and minor arterial streets (106 foot and 80 foot rights of way) and major collector streets (66 foot rights of way) are designed to optimize for traffic capacity and speed. Residential lots may be allowed to back (double frontage lots) onto arterial and major collector streets as long as there are adequate setbacks and landscape screening. Additionally, residential streets (60 foot and 50 foot rights of way) are intended to optimize for convenient travel, safe mixing of pedestrians and vehicles, and to be attractive settings for homes. Accordingly, double frontage lots are not allowed (except in cases of topographical constraints and factors relating to safety) along residential streets. It is possible to front homes onto arterial and major collector streets through the use of rear alleys or frontage roads. To qualify for this density bonus, double frontage lots are not allowed on streets classified as arterials (106 foot and 80 foot rights of way) and major collectors (66 foot rights of way). Keep in mind that intersection spacing must meet city standards for alleys and frontage roads as well as all other streets.

(Note: Except in cases of topographical constraints and factors relating to safety, and if it makes no difference to traffic impacts, double frontage lots are prohibited along rights of way less than 66 feet.)

Credit:    Twenty five percent (25%) increase in density.

      4.   Mix Of Lot Sizes: Consistent with the general plan, the objective of this incentive is to encourage developments that have a mix of lot sizes so as to create a varied appearance (avoiding "cookie cutter" character). To qualify for this density bonus, credit is given for distinct variations in lot sizes.

Credit:    Five percent (5%) increase in density for each variation of lot size that pertains to at least ten percent (10%) of the lots (a variation is a change of at least 25 percent in lot size), up to a maximum of twenty five percent (25%). To qualify for this density bonus, no more than fifty percent (50%) of the area may be within one size range (±12.5 percent constitutes a size range).

      5.   Neighborhood Park Land Dedication: Through the general plan, the city has adopted a neighborhood park level of service (LOS) standard of six (6) acres of park for every one thousand (1,000) population. In circumstances where a development does not actually generate a need for at least a four (4) acre park (minimum size for efficient city maintenance), this density bonus provides an incentive to dedicate additional park land without losing development units. To qualify for this density bonus, land in excess of the LOS standard for the proposed development shall be conveyed to the city, the park must be constructed, it must be four (4) acres or more, and its design must be accepted by the city.

Credit:    Five percent (5%) increase in density for each one percent (1%) of the site dedicated to park land that is in excess of the city neighborhood park level of service standard (6 acres per 1,000 population), up to a maximum of twenty five percent (25%).

      6.   Provisions For Affordable Housing: "Moderate income housing" (or affordable housing) is defined as housing occupied or reserved for occupancy by households with a gross household income equal to or less than eighty percent (80%) of the median gross income for households of the same size in the county in which the city is located. Although providing for affordable housing is not a method for preserving open space, it is a public amenity listed in the bonus density program of the general plan, and may be included as a means to receive an increase in density as long as other open space amenities are incorporated into the development. Some of the techniques used to provide for affordable housing include the utilization of state or federal funds or tax incentives to promote the construction of moderate income housing, the utilization of programs offered by the Utah housing corporation, and the utilization of affordable housing programs administered by the Utah department of community and economic development. To qualify for this density bonus, a minimum of four (4) additional categories of the bonus density program must be implemented in the development and include the "public trails through and along the development" category, the design and quality of the moderate income housing shall be similar to the design and quality of all other housing in the development, and a minimum of five percent (5%) of the total housing must be dedicated to moderate income housing.

Credit:    Twenty five percent (25%) increase in density for five percent (5%) of the total housing dedicated to moderate income housing.

Fifty percent (50%) increase in density for ten percent (10%) or more of the total housing dedicated to moderate income housing.

      7.   Landscaped Open Space: The objective of this density bonus is to encourage provisions for open areas that, pursuant to the general plan, preserve the open space character of the Washington Fields area and the area north of I-15. To qualify for this density bonus, the development shall provide for landscaped open space, with at least fifty percent (50%) of the landscaped areas visible from public streets. Landscaping shall be reflective of the area in which it is located and shall be developed as approved by the city. Xeriscape landscaping (drought tolerant vegetation) is encouraged for the type of vegetation, but the amount of vegetation must be dense enough to reflect the greenery of the area (especially if irrigation rights are still available for property in the Washington Fields area). Shade trees and shrubs shall be an integral part of the landscaping and shall meet sight distance requirements. All landscaping shall be installed by the developer and shall be maintained by the homeowners' association. The responsibility for landscape maintenance shall be cited on the plat, in the development agreement, and recorded against the properties within the development.

Credit:    Three percent (3%) increase in density for each one percent (1%) of the site preserved in open space (not including areas within rights of way or areas that have received credit through other provisions of the bonus density program), up to a maximum of twenty five percent (25%).

      8.   Open Space At Intersection Corners At Periphery Of Development: Pursuant to the general plan, open areas created at intersection corners at the periphery of a development will generally make a greater contribution to preserving the open space character of the Washington Fields area and the area north of I-15 than open space internal to a development. To qualify for this density bonus, landscaping shall be reflective of the area in which it is located and shall be developed as approved by the city. Xeriscape landscaping (drought tolerant vegetation) is encouraged for the type of vegetation, but the amount of vegetation must be dense enough to reflect the greenery of the area (especially if irrigation rights are still available for property in the Washington Fields area). Shade trees and shrubs shall be an integral part of the landscaping and shall meet sight distance requirements. All landscaping shall be installed by the developer and shall be maintained by the homeowners' association. The responsibility for landscape maintenance shall be cited on the plat, in the development agreement, and recorded against the properties within the development.

Credit:    Five percent (5%) increase in density for each one percent (1%) of the site preserved in open space that is located at intersection corners (not including areas within rights of way or areas that have received credit through other provisions of the bonus density program), up to a maximum of twenty five percent (25%).

      9.   Landscaped Rights Of Way And Front Yard Setbacks Along Arterials And Major Collectors: It is the city's desire, pursuant to the general plan, to preserve the open space character of the Washington Fields area and the area north of I-15 by having generous building setbacks with broad landscaped areas defined by open fencing. Therefore, along these major corridors, the following choices are available to qualify for a selection of density bonuses:

         a.   An additional landscape setback between the street ROW line and fence/wall of the development, beyond the required landscape strip for double frontage lots, shall be installed by the developer and shall be maintained by the homeowners' association. The responsibility for landscape maintenance shall be cited on the plat, in the development agreement, and recorded against the properties within the development. An average width of fifty feet (50') is desirable, with the width varying between thirty feet (30') and seventy feet (70'). A landscape setback of at least thirty feet (30') is required to get a density bonus.

         b.   Landscaping shall be reflective of the area in which it is located and shall be developed as approved by the city. Xeriscape landscaping (drought tolerant vegetation) is encouraged for the type of vegetation, but the amount of vegetation must be dense enough to reflect the greenery of the area (especially if irrigation rights are still available for property in the Washington Fields area). Shade trees and shrubs shall be an integral part of the landscaping and shall meet sight distance requirements.

         c.   The desired fencing along the major roadway corridors is open three (3) rail or four (4) rail fencing. Wrought iron fencing and/or solid fence/wall panels may be as approved by the city if they match or are compatible with fences of adjoining developments. Overall transparency of at least fifty percent (50%) is required to get a density bonus. (Note: Thin wire mesh fencing, as approved by the city, may be used to confine animals and/or children.)

Credit:    If a landscape setback varying between thirty feet (30') and seventy feet (70'), with an average of at least fifty feet (50') is created, with no section less than thirty feet (30') wide, the bonus density will be five percent (5%) for each one percent (1%) of the total land area of the parcel that is in the landscape setback, up to a maximum of twenty five percent (25%).

Where homes face arterials and major collectors, a five percent (5%) density credit will be granted for each ten feet (10') of building setback beyond the minimum front yard setback of the closest size range, up to a maximum of twenty five percent (25%).

If fencing is less than seventy five percent (75%) transparent but at least fifty percent (50%) transparent, a density increase may be transferred to the rest of the property. The density credit will be derived by dividing the area of the landscape setback by the average lot size of the development. (Hypothetical example: 30 foot landscape setback x 1,000 foot property length = 30,000 square feet/15,000 square foot average lot size = total of 2 additional lots.)

If fencing is seventy five percent (75%) or more transparent, a density increase may be transferred to the rest of the property. The density credit will be derived by dividing the area of the landscape setback by the average lot size of the development, plus fifty percent (50%). (Hypothetical example: 30 foot landscape setback x 1,000 foot property length = 30,000 square feet/15,000 square foot average lot size = 2 units + 50 percent = total of 3 additional lots.)

      10.   Public Trails Through And Along Development: Where indicated in the general plan and/or city trails plan, the proposed development shall provide public trails that generally follow trail alignments shown in said plans. Unless otherwise approved by the city, trail alignments must traverse through the property or around its periphery, according to the plans. To qualify for this density bonus, trails shall be open to the general public, and shall connect to adjacent trails, parks, open space and public streets, in a manner as approved by the city. The trails shall be a minimum of ten feet (10') wide, meet AASHTO standards, and shall be installed by the developer. Trail maintenance responsibility will be as agreed upon in the development agreement. If trails are proposed that are not indicated in the general plan and/or city trails plan, a density bonus may be granted for these trails as well. To qualify for a density bonus for these trails, the same criteria as outlined for trails indicated in the general plan and/or city trails plan shall be met. Again, trail maintenance responsibility will be as agreed upon in the development agreement.

Credit:    Twenty five percent (25%) increase in density.

      11.   Tree Lined Streets: Tree lined street sections for all streets (internal and periphery) are desirable to provide shade for sidewalks (encourage walking) and to reduce solar heat gain on streets and buildings. To qualify for this density bonus, all streets within the development, on both sides of the streets, shall have a landscape strip between the curb and sidewalk, planted with shade trees at forty foot (40') spacing or less. The shade trees shall be from twenty four inch (24") box containers with a minimum caliper of one and one-half inch (11/2") (1 inch above grade). Smaller trees may be interplanted where overhead obstructions (power lines, etc.) may result in problems that could be caused by the taller varieties. However, the sizes of the trees at planting are to remain the same. A list of approved tree species and landscaping guidelines are available in the community development department. As approved by the city, trees may be grouped and/or staggered as long as the average spacing of forty feet (40') is maintained.

Credit:    Twenty five percent (25%) increase in density.

      12.   Miscellaneous Public Benefits: Other types of open space benefits, such as school sites, recreation centers, libraries, fire stations, the pooling of adjoining properties for regional detention basins, regional parks or other public benefits, etc., may also be explored for inclusion into bonus density credits. These facilities will have to incorporate a degree of open space in their design, and the design will have to be approved by the city, with the density bonus credit determined during the project's evaluation. (Ord. 2005-40, 11-14-2005)

   A.   Purpose and Intent:

      1.   The purpose and intent of detached accessory dwelling units (DADU) is to provide additional housing for the owners of qualifying single family dwelling units that are located in residential zoning districts. The separate sale of such detached accessory dwelling units is prohibited in order to protect the residential character of the neighborhoods in which they are located.

      2.   A detached accessory dwelling unit is defined as an adjunct living unit, with a sleeping area, a bathroom, acceptable kitchen facilities with a commercially-manufactured cooking appliance, has no attached garage or carport, and is detached from the primary residence on the same lot.

      3.   The owner of the property containing a single-family residence and a detached accessory dwelling unit must reside in the primary residence or the detached accessory dwelling unit.

   B.   General Standards: The following standards shall be adhered to for all detached accessory dwelling units:

      1.   Only one (1) accessory dwelling unit, attached or detached, may be constructed on any qualifying residentially zoned lot.

      2.   The proposed lot for a detached accessory dwelling unit shall contain an already existing single-family dwelling unit, and the lot must be a minimum of ten thousand (10,000) square feet in size.

      3.   Any accessory dwelling unit on a qualifying residentially zoned lot being added to an existing single-family residence, shall in no case be greater than one thousand (1000) total square feet. The accessory dwelling unit square footage (added to all other existing or future structures), will not cover more than thirty percent (30%) of the rear yard area.

      4.   All detached accessory dwelling units shall be limited to a maximum of seventeen feet (17') in height, and in no case shall the roof exceed the height of the existing residence.

      5.   Detached accessory dwelling units shall be located at least ten feet (10') away from the existing single-family residence, and can be located no closer than five feet (5') to any side or rear property line.

      6.   One additional on-site parking space shall be provided in addition to the required parking standards for the single-family residential lot. The parking space shall be a minimum of nine feet (9') wide and nineteen feet (19') long.

      7.   Under no circumstances, shall accessory dwelling units, whether attached or detached, be used for nightly or vacation rental purposes (unless approved through a conditional use permit as outlined in this title).

      8.   Construction of all accessory dwelling units shall meet all applicable building codes adopted by the city.

   C.   Required Deed Restriction:

      1.   As a condition of securing a building permit for construction of a detached accessory dwelling unit being developed on a lot with an existing single-family residence; the property owner shall record against the deed to the subject property, a deed restriction, in a form provided by the city, and will contain the following language:

“A permit for an accessory dwelling was issued to ________________, the current owner of this property located at ______________________. The Owner shall strictly adhere to the prohibition of the use of the accessory dwelling as a nightly, short-term or vacation rental.”

      2.   Proof that such a deed restriction has been recorded shall be provided to the Community Development Director prior to the issuance of the Certificate of Occupancy for the accessory dwelling unit.

   D.   Penalty: Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing or permitting the violation of the provision of this section, shall be guilty of a class C misdemeanor, subject to penalty as provided in section 1-4-1 of this code. Any such person, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this ordinance is committed, continues or is permitted by such person, firm or corporation. (Ord. 2019-25, 12-11-2019; amd. Ord. 2022-42, 7-27-2022; Ord. 2023-21, 5-24-2023; Ord. 2024-25, 11-13-2024)

   A.   Purpose and Intent:

      1.   The purpose and intent of the internal accessory dwelling unit (IADU) is to provide for additional and affordable housing units located in residential zoning districts within the city.

      2.   An internal accessory dwelling unit is defined as a separate dwelling unit located entirely within a primary dwelling or within the footprint of a primary dwelling at the time the IADU is created in association with an owner-occupied single family detached dwelling on residentially zoned property, that is clearly incidental and accessory to the primary dwelling on the property. In addition to the standards described in this section, internal accessory dwelling units must adhere to the standards described in state code.

      3.   A primary dwelling is defined as a single-family detached dwelling that is occupied as the primary residence of the owner of record.

   B.   Permitted Zones: An internal accessory dwelling unit is a permitted use in all residential zones, subject to the standards set forth in this section.

   C.   General Standards: The following standards shall be adhered to for all internal accessory dwelling units:

      1.   Only one (1) internal accessory dwelling unit may exist on any qualifying residentially zoned lot.

      2.   The proposed property location for an internal accessory dwelling unit shall be a residential zoned lot that is a minimum of six thousand (6,000) square feet (or greater) in size.

      3.   The lot where the internal accessory dwelling unit is located must maintain the single-family appearance and character of the neighborhood. Internal accessory dwelling units shall be compatible in design and appearance with the primary dwelling on the property and shall not be located in detached structures connected only by a roofed passage connecting two separate buildings, such as a breezeway. Exterior doors to the internal accessory dwelling units shall be located on the primary dwelling so as to avoid the street-appearance of multiple unit entry doors on the primary dwelling’s street-frontage.

      4.   The owner of the property must occupy the primary dwelling on the property.

      5.   Internal accessory dwelling units shall meet all applicable Health, Fire and Building Codes.

      6.   The internal accessory dwelling unit must contain complete cooking and bathroom facilities that are separate from the facilities located in the primary dwelling.

         a.   The cooking facility must contain:

            (1)   A sink and water faucet;

            (2)   Capacity for food refrigeration; and

            (3)   A commercially-manufactured appliance, such as a stove-top, range, or other similar appliance for cooking and preparation of food. Devices such as hot-plates, microwave ovens, and propane grills are not sufficient to meet this health, fire and building standard.

         b.   The bathroom facility must contain:

            (1)   A sink and water faucet;

            (2)   A toilet; and

            (3)   A shower and/or bathtub.

      7.   One additional off-street parking space shall be provided in addition to the required parking standards for the single-family residential lot. The parking space shall be a minimum of nine feet (9') wide and nineteen feet (19") long.

      8.   The total number of residents that reside in an internal accessory dwelling unit may not exceed the number allowed for a single-family dwelling.

      9.   If a garage or carport is converted to an interior accessory dwelling unit, the property owner must provide the required off-street parking spaces somewhere on the property in a manner that complies with all standards found within this Title.

      10.   Internal accessory dwelling units are not permitted within a “mobile home” as said definition is adopted by Utah Code 57-16-3, and as amended.

      11.   If rented, an internal accessory dwelling unit must be rented for a minimum of thirty-one (31) days or longer.

      12.   Under no circumstances, shall internal accessory dwelling units be used for nightly, short-term or vacation rental purposes. Rental periods of thirty (30) days or less are prohibited in an IADU.

      13.   A city license for the renting of the internal accessory dwelling unit is required.

   C.   Required Deed Restriction:

      1.   As a condition of securing a building permit for construction and/or a business license for an internal accessory dwelling unit being developed on a lot with an existing single-family residence; the property owner shall record against the deeded title to the subject property, a deed restriction, in a form provided by the city.

      2.   Proof that such a deed restriction has been recorded shall be provided to the Community Development Department prior to the issuance of the Certificate of Occupancy or a Business License for the internal accessory dwelling unit.

   D.   Penalty:

      1.   Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing or permitting the violation of the provision of this section, shall be guilty of an infraction, subject to penalty as provided in section 1-4-1 of this code. Any such person, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this ordinance is committed, continues or is permitted by such person, firm or corporation.

      2.   In addition, the city may hold a lien against a property that contains an internal accessory dwelling unit if the property owner violates any standard for operation of an internal accessory dwelling unit. The amount, notice, and procedure for the lien shall be in accordance with state law. (Ord. 2022-41, 7-13-2022)

The purpose of the single-family residential zone is to provide appropriate areas in the city where medium density single-family residential neighborhoods may be established, maintained and protected. Other uses serving the needs of families may be approved with proper controls. (Ord. 89-5, 3-1-1989)

   A.   Permitted Uses:

Accessory buildings and uses.

Home gardening.

Home occupations.

Household pets.

Keeping of chickens (hens only, no roosters) for the production of food for the sole use of the family occupying the premises, providing the following are met:

      1.   Chickens may only be kept on lots that are ten thousand (10,000) square feet or larger.

      2.   No more than twelve (12) chickens may be kept on a qualifying lot.

      3.   Chickens shall be confined within a secure outdoor enclosed area, which area shall contain a covered, ventilated, and predator resistant coop, pen, or cage, which shall be restricted to the rear or back yard of the dwelling, shall be located not less than twenty feet (20') from any neighboring residence, and shall not exceed eight feet (8') in height nor be larger than one hundred twenty (120) square feet in area.

      4.   All coops, pens, cages, and surrounding areas shall be maintained in such a way as to avoid the unreasonable accumulation of debris or waste or conditions that cause an unreasonable odor that affects the health, safety and comfort of adjoining properties.

One single-family dwelling built in accordance with chapter 21 of this title.

Public park, playground or recreation facilities. (Ord. 2010-19, 8-25-2010, eff. 1-1-2011)

   B.   Conditional Uses:

Cemetery.

Childcare facilities under the following conditions:

      1.   Outdoor activities be confined to a fenced back yard.

      2.   All provisions of state laws concerning childcare facilities are complied with.

Church.

Public buildings.

Public utilities.

Residential facility for persons with a disability which meets the provisions of Utah Code Annotated to the extent that state and/or federal law allows such facilities to be subject to conditional use permits.

School.

   C.   Other: Other uses, not listed as permitted or conditional uses in other zones, which are determined by the planning commission to be in harmony with the character and intent of this zone. (Ord. 2004-18, 6-9-2004)

   D.   Prohibited Uses: Except as otherwise provided for in this title, the following uses shall be excluded from the city: recreational/timeshare rentals, overnight rentals, vacation rentals, and any and all other types of short term rentals consisting of a period of twenty seven (27) days or less. (Ord. 2013-05, 2-13-2013)

All site design elements for the above listed conditional uses are subject to review and recommendation by the planning commission and approval of the city council. (Ord. 2004-18, 6-9-2004)

No main building shall be erected to a height greater than two and one-half (21/2) stories or thirty five feet (35'), whichever is greater, unless otherwise approved with a conditional use permit. No accessory building shall be erected to a height greater than one story or twenty feet (20'), whichever is greater, unless otherwise approved with a conditional use permit. (Ord. 2004-18, 6-9-2004)

 

(Ord. 2004-18, 6-9-2004; amd. Ord. 2024-12, 5-8-2024)

   A.   Side Yards:

      1.   Detached one-story private garages and other accessory buildings and structures, located at least ten feet (10') away from the main building, may have a side yard setback of three feet (3'), subject to the following conditions and restrictions:

         a.   Where applicable, a building permit is obtained.

         b.   The detached accessory building or structure is twenty feet (20') or less in height. Additional height may be acquired by moving the building or structure inward into the lot. For each foot added to the side yard setback (beyond three feet (3')), an additional foot may be added to the height of the structure, but in no case shall the detached accessory building or structure be taller than the main building.

         c.   On corner lots, the required twenty foot (20') front yard setback will be maintained on both street frontages;

         d.   The detached private garage or other accessory building or structure shall be located at least ten feet (10') behind the nearest corner of the front of the main building in the given side yard.

         e.   In no case shall the square footage of the detached accessory building or structure exceed fifty percent (50%) of the square footage of the main building.

         f.   Accessory buildings and structures located in the side yard shall not cover more than fifty percent (50%) of the side yard area.

         g.   The provisions of subsection D of this section shall be met for encroachment into the side yard setback.

      2.   One-story attached accessory shade structures, open on three (3) sides, may be located in the side yard area to within three feet (3') (at the furthest projection) of the side property line, subject to the following conditions and restrictions:

         a.   A building permit is required for all attached accessory shade structures

         b.   The shade structure roof and support columns must be fire rated and built of fire resistant materials in compliance with the International Residential Code and International Fire Code;

         c.   The shade structure shall not be built higher than the existing roof line that it abuts or exceed twelve feet (12') maximum in height, nor shall it exceed twenty feet (20') in width;

         d.   A six foot (6') high masonry wall shall be along the side property line adjacent to the shade structure;

         e.   Only one side yard area may be covered with an accessory shade structure, the other side yard shall remain open;

         f.   On corner lots, the required twenty foot (20') front yard setback will be maintained on both street frontages;

         g.   Before installation of any accessory shade structure, a building permit will be required along with approval by the Community Development Director, or his/her designee will be obtained as to materials, location and attachment to the main building; and

         h.   The provisions of subsection D of this section shall be met for encroachment into the side yard setback.

   B.   Rear Yards:

      1.   Detached one-story private garages and other accessory buildings and , structures located at least ten feet (10') away from the main building, may have a rear yard setback of three feet (3'), subject to the following conditions and restrictions:

         a.   Where applicable, a building permit is obtained.

         b.   The detached accessory building or structure is twenty feet (20') or less in height. Additional height may be acquired by moving the building or structure into the lot. For each foot added to the side/rear yard setback (beyond three feet (3')), an additional foot may be added to the height of the building or structure, but in no case shall the detached accessory building or structure be taller than the main building.

         c.   On corner lots, the required twenty foot (20') front yard setback will be maintained on both street frontages.

         d.   The detached private garage or other accessory building or structure shall be located at least ten feet (10') behind the nearest corner of the front of the main building in the given side yard.

         e.   Accessory buildings and structures including detached shade structures located in the rear yard shall not cover more area than the following:

 

 

      2.   One-story attached accessory shade structures, open on three sides, may be located in the rear yard area to within three feet (3') (at the furthest projection) of the rear property line, subject to the following conditions and restrictions:

         a.   A building permit is required for all attached accessory shade structures.

         b.   The shade structure roof and support columns must be fire rated and built of fire-resistant materials in compliance with the International Residential Code and the International Fire Code;

         c.   The shade structure shall not be built higher than the existing roof line that it abuts, and where there is no existing one-story roof line, it shall not exceed twelve feet (12') in height;

         d.   On corner lots, the required twenty foot (20') front yard setback will be maintained on both street frontages;

         e.   Where an adjoining lot exist along the rear property line, a six foot (6') high masonry wall shall be required along the rear property line adjacent to the shade structure. Where a setback of at least ten feet (10') will be maintained between the shade structure and the rear property line, no block wall is required;

         f.   The covered area for attached shade structures that would extend into the restricted setback area, shall be in accordance with the following yard coverage standards:

 

 

   C.   Provisions For Detached Accessory Buildings To Encroach Into Side Or Rear Yard Setback: In order for a detached one-story private garage or accessory building, twenty feet (20') or less in height, to encroach into the side or rear yard setback, the following conditions shall be met:

      1.   The roof shall not project across a property line;

      2.   Stormwater runoff from the building shall not run onto an adjacent property;

      3.   Any nonportable building to be placed over a drainage and/or utility easement shall require written approval, obtained by the applicant, from the electrical power department and public works department, and all other utility companies with easement rights, prior to obtaining a building permit, and shall require the property owner to provide and sign a recordable waiver and indemnification document that waives and indemnifies the city from any liability for any damages or expenses (including reimbursement to the city for removing the building) associated with the building being placed over an easement, and granting the city permission to remove such building at any time the city determines that said building must be removed to repair drainage facilities or utilities, or for other safety, health or welfare reasons; and

   4.   All other provisions of this title and applicable building and fire codes regarding accessory buildings shall be adhered to.

(Ord. 2004-18, 6-9-2004; amd. Ord. 2019-24, 12-11-2019; Ord. 2023-20, 5-24-2023; Ord. 2024-19, 8-28-2024; Ord. 2024-20, 8-28-2024)

   A.   Purpose and Intent:

      1.   The purpose and intent of detached accessory dwelling units (DADU) is to provide additional housing for the owners of qualifying single family dwelling units that are located in residential zoning districts. The separate sale of such detached accessory dwelling units is prohibited in order to protect the residential character of the neighborhoods in which they are located.

      2.   A detached accessory dwelling unit is defined as an adjunct living unit, with a sleeping area, a bathroom, acceptable kitchen facilities with a commercially-manufactured cooking appliance, has no attached garage or carport, and is detached from the primary residence on the same lot.

      3.   The owner of the property containing a single-family residence and a detached accessory dwelling unit must reside in the primary residence or the detached accessory dwelling unit.

   B.   General Standards: The following standards shall be adhered to for all detached accessory dwelling units:

      1.   Only one (1) accessory dwelling unit, attached or detached, may be constructed on any qualifying residentially zoned lot.

      2.   The proposed lot for a detached accessory dwelling unit shall contain an already existing single-family dwelling unit, and the lot must be a minimum of ten thousand (10,000) square feet in size.

      3.   Any accessory dwelling unit on a qualifying residentially zoned lot being added to an existing single-family residence, shall in no case be greater than one thousand (1,000) total square feet. The accessory dwelling unit square footage (added to all other existing or future structures), will not cover more than thirty percent (30%) of the rear yard area.

      4.   All detached accessory dwelling units shall be limited to a maximum of seventeen feet (17') in height, and in no case shall the roof exceed the height of the existing residence.

      5.   Detached accessory dwelling units shall be located at least ten feet (10') away from the existing single-family residence, and can be located no closer than five feet (5') to any side or rear property line.

      6.   One additional on-site parking space shall be provided in addition to the required parking standards for the single-family residential lot. The parking space shall be a minimum of nine feet (9') wide and nineteen feet (19') long.

      7.   Under no circumstances, shall accessory dwelling units, whether attached or detached, be used for nightly or vacation rental purposes (unless approved through a conditional use permit as outlined in this title).

      8.   Construction of all accessory dwelling units shall meet all applicable building codes adopted by the city.

   C.   Required Deed Restriction:

      1.   As a condition of securing a building permit for construction of a detached accessory dwelling unit being developed on a lot with an existing single-family residence; the property owner shall record against the deed to the subject property, a deed restriction, in a form provided by the city, and will contain the following language:

“A permit for an accessory dwelling was issued to ________________, the current owner of this property located at ______________________. The Owner shall strictly adhere to the prohibition of the use of the accessory dwelling as a nightly, short-term or vacation rental.”

      2.   Proof that such a deed restriction has been recorded shall be provided to the Community Development Director prior to the issuance of the Certificate of Occupancy for the accessory dwelling unit.

   D.   Penalty: Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing or permitting the violation of the provision of this section, shall be guilty of a class C misdemeanor, subject to penalty as provided in section 1-4-1 of this code. Any such person, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this ordinance is committed, continues or is permitted by such person, firm or corporation. (Ord. 2019-25, 12-11-2019; amd. Ord. 2022-42, 7-27-2022; Ord. 2023-21, 5-24-2023; Ord. 2024-25, 11-13-2024)

   A.   Purpose and Intent:

      1.   The purpose and intent of the internal accessory dwelling unit (IADU) is to provide for additional and affordable housing units located in residential zoning districts within the city.

      2.   An internal accessory dwelling unit is defined as a separate dwelling unit located entirely within a primary dwelling or within the footprint of a primary dwelling at the time the IADU is created in association with an owner-occupied single family detached dwelling on residentially zoned property, that is clearly incidental and accessory to the primary dwelling on the property. In addition to the standards described in this section, internal accessory dwelling units must adhere to the standards described in state code.

      3.   A primary dwelling is defined as a single-family detached dwelling that is occupied as the primary residence of the owner of record.

   B.   Permitted Zones: An internal accessory dwelling unit is a permitted use in all residential zones, subject to the standards set forth in this section.

   C.   General Standards: The following standards shall be adhered to for all internal accessory dwelling units:

      1.   Only one (1) internal accessory dwelling unit may exist on any qualifying residentially zoned lot.

      2.   The proposed property location for an internal accessory dwelling unit shall be a residential zoned lot that is a minimum of six thousand (6,000) square feet (or greater) in size.

      3.   The lot where the internal accessory dwelling unit is located must maintain the single-family appearance and character of the neighborhood. Internal accessory dwelling units shall be compatible in design and appearance with the primary dwelling on the property and shall not be located in detached structures connected only by a roofed passage connecting two separate buildings, such as a breezeway. Exterior doors to the internal accessory dwelling units shall be located on the primary dwelling so as to avoid the street-appearance of multiple unit entry doors on the primary dwelling’s street-frontage.

      4.   The owner of the property must occupy the primary dwelling on the property.

      5.   Internal accessory dwelling units shall meet all applicable Health, Fire and Building Codes.

      6.   The internal accessory dwelling unit must contain complete cooking and bathroom facilities that are separate from the facilities located in the primary dwelling.

         a.   The cooking facility must contain:

            (1)   A sink and water faucet;

            (2)   Capacity for food refrigeration; and

            (3)   A commercially-manufactured appliance, such as a stove-top, range, or other similar appliance for cooking and preparation of food. Devices such as hot-plates, microwave ovens, and propane grills are not sufficient to meet this health, fire and building standard.

         b.   The bathroom facility must contain:

            (1)   A sink and water faucet;

            (2)   A toilet; and

            (3)   A shower and/or bathtub.

      7.   One additional off-street parking space shall be provided in addition to the required parking standards for the single-family residential lot. The parking space shall be a minimum of nine feet (9') wide and nineteen feet (19") long.

      8.   The total number of residents that reside in an internal accessory dwelling unit may not exceed the number allowed for a single-family dwelling.

      9.   If a garage or carport is converted to an interior accessory dwelling unit, the property owner must provide the required off-street parking spaces somewhere on the property in a manner that complies with all standards found within this Title.

      10.   Internal accessory dwelling units are not permitted within a “mobile home” as said definition is adopted by Utah Code 57-16-3, and as amended.

      11.   If rented, an internal accessory dwelling unit must be rented for a minimum of thirty-one (31) days or longer.

      12.   Under no circumstances, shall internal accessory dwelling units be used for nightly, short-term or vacation rental purposes. Rental periods of thirty (30) days or less are prohibited in an IADU.

      13.   A city license for the renting of the internal accessory dwelling unit is required.

   C.   Required Deed Restriction:

      1.   As a condition of securing a building permit for construction and/or a business license for an internal accessory dwelling unit being developed on a lot with an existing single-family residence; the property owner shall record against the deeded title to the subject property, a deed restriction, in a form provided by the city.

      2.   Proof that such a deed restriction has been recorded shall be provided to the Community Development Department prior to the issuance of the Certificate of Occupancy or a Business License for the internal accessory dwelling unit.

   D.   Penalty:

      1.   Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing or permitting the violation of the provision of this section, shall be guilty of an infraction, subject to penalty as provided in section 1-4-1 of this code. Any such person, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this ordinance is committed, continues or is permitted by such person, firm or corporation.

      2.   In addition, the city may hold a lien against a property that contains an internal accessory dwelling unit if the property owner violates any standard for operation of an internal accessory dwelling unit. The amount, notice, and procedure for the lien shall be in accordance with state law. (Ord. 2022-41, 7-13-2022)

The purpose of the one- and two-family residential zone is to provide appropriate areas in the city where medium density single-family and duplex development may be established, maintained and protected. Other uses serving the needs of families may be approved with proper controls. (Ord. 89-5, 3-1-1989)

   A.   Permitted Uses:

Accessory buildings and uses.

Home gardening.

Home occupations.

Household pets.

One single-family dwelling built in accordance with chapter 21 of this title.

One two-family dwelling or two (2) single-family dwellings on an individual lot, built in accordance with chapter 21 of this title, and conforming to the density standards outlined in subsection 9-8C-6C of this article.

Public park, playground or recreation facilities.

   B.   Conditional Uses:

Cemetery.

Childcare facilities under the following conditions:

      1.   Outdoor activities be confined to a fenced back yard.

      2.   All provisions of state laws concerning childcare facilities are complied with.

Church.

Condominium or townhouse projects conforming to the density standards outlined in subsection 9-8C-6C of this article.

Educational institutions.

Public buildings.

Public utilities.

Radio towers for amateur radio operators.

Residential facility for persons with a disability which meets the provisions of Utah Code Annotated to the extent that state and/or federal law allows such facilities to be subject to conditional use permits.

School.

   C.   Other: Other uses, not listed as permitted or conditional uses in other zones, which are determined by the planning commission to be in harmony with the character and intent of this zone. (Ord. 2004-18, 6-9-2004)

   D.   Prohibited Uses: Except as otherwise provided for in this title, the following uses shall be excluded from the city: recreational/timeshare rentals, overnight rentals, vacation rentals, and any and all other types of short term rentals consisting of a period of twenty seven (27) days or less. (Ord. 2013-05, 2-13-2013)

All site design elements for the above listed conditional uses are subject to review and recommendation by the planning commission and approval of the city council. (Ord. 2004-18, 6-9-2004)

No main building shall be erected to a height greater than two and one-half (21/2) stories or thirty five feet (35'), whichever is greater, unless otherwise approved with a conditional use permit. No accessory building shall be erected to a height greater than one story or twenty feet (20'), whichever is greater, unless otherwise approved with a conditional use permit. (Ord. 2004-18, 6-9-2004)

 

 

(Ord. 2004-18, 6-9-2004)

   A.   Side Yards: Detached one-story private garages and other accessory buildings and structures, located at least ten feet (10') away from the main building, may have a side yard setback of three feet (3'), subject to the following conditions and restrictions:

      1.   Where applicable, a building permit is obtained.

      2.   The detached accessory building or structure is twenty feet (20') or less in height. Additional height may be acquired by moving the building or structure inward into the lot. For each foot added to the side yard setback (beyond three feet (3')), an additional foot may be added to the height of the structure, but in no case shall the detached accessory building or structure be taller than the main building.

      3.   On corner lots, the required twenty foot (20') front yard setback will be maintained on both street frontages;

      4.   The detached private garage or other accessory building or structure shall be located at least ten feet (10') behind the nearest corner of the front of the main building in the given side yard.

      5.   In no case shall the square footage of the detached accessory building or structure exceed fifty percent (50%) of the square footage of the main building.

      6.   Accessory buildings and structures located in the side yard shall not cover more than fifty percent (50%) of the side yard area.

      7.   The provisions of subsection D of this section shall be met for encroachment into the side yard setback.

   B.   Rear Yards:

      1.   Detached one-story private garages and other accessory buildings and structures, located at least ten feet (10') away from the main building, may have a rear yard setback of three feet (3'), subject to the following conditions and restrictions:

         a.   Where applicable, a building permit is obtained.

         b.   The detached accessory building or structure is twenty feet (20') or less in height. Additional height may be acquired by moving the building or structure inward into the lot. For each foot added to the side yard setback (beyond three feet (3')), an additional foot may be added to the height of the structure, but in no case shall the detached accessory building or structure be taller than the main building.

         c.   On corner lots, the required twenty foot (20') front yard setback will be maintained on both street frontages;

         d.   The detached private garage or other accessory building or structure shall be located at least ten feet (10') behind the nearest corner of the front of the main building in the given side yard.

         e.   In no case shall the square footage of the detached accessory building or structure exceed fifty percent (50%) of the square footage of the main building.

         f.   Accessory buildings and structures (including shade structures as outlined below) located in the rear yard shall not cover more than twenty five percent (25%) of the rear yard area.

         g.   The provisions of subsection D of this section shall be met for encroachment into the side yard setback.

      2.   One-story attached accessory shade structures, open on three sides, may be located in the rear yard area to within three feet (3') (at the furthest projection) of the rear property line, subject to the following conditions and restrictions:

         a.   A building permit is required for all attached accessory shade structures.

         b.   The shade structure roof and support columns must be fire rated and built of fire-resistant materials in compliance with the International Residential Code and the International Fire Code;

         c.   The shade structure shall not be built higher than the existing roof line that it abuts, and where there is no existing one-story roof line, it shall not exceed twelve feet (12') in height;

         d.   On corner lots, the required twenty foot (20') front yard setback will be maintained on both street frontages;

         e.   Where an adjoining lot exist along the rear property line, a six foot (6') high masonry wall shall be required along the rear property line adjacent to the shade structure. Where a setback of at least ten feet (10') will be maintained between the shade structure and the rear property line, no block wall is required;

         f.   The shade structure along with any other accessory structures located in the rear yard shall not cover more than twenty five percent (25%) of the rear yard area.

   C.   Density: A minimum of six thousand (6,000) square feet is required for each dwelling unit constructed. Excess area less than six thousand (6,000) square feet must be combined with the area of an allowed dwelling unit and may not be considered for construction of an additional dwelling unit.

   D.   Provisions For Detached Accessory Buildings To Encroach Into Side Or Rear Yard Setback: In order for a detached one-story private garage or accessory building, twenty feet (20') or less in height, to encroach into the side or rear yard setback, the following conditions shall be met:

      1.   The roof shall not project across a property line;

      2.   Stormwater runoff from the building shall not run onto an adjacent property;

      3.   Any nonportable building to be placed over a drainage and/or utility easement shall require written approval, obtained by the applicant, from the electrical power department and public works department, and all other utility companies with easement rights, prior to obtaining a building permit, and shall require the property owner to provide and sign a recordable waiver and indemnification document that waives and indemnifies the city from any liability for any damages or expenses (including reimbursement to the city for removing the building) associated with the building being placed over an easement, and granting the city permission to remove such building at any time the city determines that said building must be removed to repair drainage facilities or utilities, or for other safety, health or welfare reasons; and

      4.   All other provisions of this title and applicable building and fire codes regarding accessory buildings shall be adhered to. (Ord. 2004-18, 6-9-2004; amd. Ord. 2019-24, 12-11-2019)

The purpose of the multiple-family residential zone is to provide appropriate areas in the city where multiple-family neighborhoods may be established, maintained and protected and where appropriate density and uses which complement the lifestyles of city residents can be developed. (Ord. 89-5, 3-1-1989)

   A.   Permitted Uses:

Accessory buildings and uses.

Home gardening.

Home occupations.

Household pets.

One single-family dwelling built in accordance with chapter 21 of this title.

One two-, three- or four-family dwelling, or up to four (4) single-family dwellings, or a combination of single-family and multiple-family dwellings not exceeding four (4) dwellings, on an individual lot, with each single-family dwelling and each two-family dwelling being built in accordance with chapter 21 of this title, and conforming to the density standards outlined in subsection 9-8D-6C of this article.

Public park, playground or recreation facilities.

Residential facilities for persons with a disability which meet the provisions of Utah Code Annotated.

   B.   Conditional Uses:

Boarding house.

Cemetery.

Childcare facilities under the following conditions:

      1.   Outdoor activities be confined to a fenced back yard.

      2.   All provisions of state laws concerning childcare facilities are complied with.

Church.

Condominium or townhouse projects conforming to the density standards outlined in subsection 9-8D-6C of this article.

Educational institutions.

Multiple-family developments containing more than four (4) dwelling units on an individual lot, and conforming to the density standards outlined in subsection 9-8D-6C of this article.

Public buildings.

Public utilities.

School.

   C.   Other: Other uses, not listed as permitted or conditional uses in other zones, which are determined by the planning commission to be in harmony with the character and intent of this zone. (Ord. 2004-18, 6-9-2004)

   D.   Prohibited Uses: Except as otherwise provided for in this title, the following uses shall be excluded from the city: recreational/timeshare rentals, overnight rentals, vacation rentals, and any and all other types of short term rentals consisting of a period of twenty seven (27) days or less. (Ord. 2013-05, 2-13-2013)

All site design elements for the above listed conditional uses are subject to review and recommendation by the planning commission and approval of the city council. (Ord. 2004-18, 6-9-2004)

No main building shall be erected to a height greater than forty-two feet (42'), unless otherwise approved by the city council. No accessory building or structure shall be erected to a height greater than twenty feet, unless approved by the city council. (Ord. 2004-18, 6-9-2004; amd. Ord. 2020-04, 2-12-2020)

 

 

(Ord. 2004-18, 6-9-2004)

   A.   Side Yards: Detached one-story private garages and other accessory buildings and structures, located at least ten feet (10') away from the main building, may have a side yard setback of three feet (3'), subject to the following conditions and restrictions:

      1.   Where applicable, a building permit is obtained.

      2.   The detached accessory building or structure is twenty feet (20') or less in height. Additional height may be acquired by moving the building or structure inward into the lot. For each foot added to the side yard setback (beyond three feet (3')), an additional foot may be added to the height of the structure, but in no case shall the detached accessory building or structure be taller than the main building.

      3.   On corner lots, the required twenty foot (20') front yard setback will be maintained on both street frontages;

      4.   The detached private garage or other accessory building or structure shall be located at least ten feet (10') behind the nearest corner of the front of the main building in the given side yard.

      5.   In no case shall the square footage of the detached accessory building or structure exceed fifty percent (50%) of the square footage of the main building.

      6.   Accessory buildings and structures located in the side yard shall not cover more than fifty percent (50%) of the side yard area.

      7.   The provisions of subsection G of this section shall be met for encroachment into the side yard setback.

   B.   Rear Yards:

      1.   Detached one-story private garages and other accessory buildings and structures, located at least ten feet (10') away from the main building, may have a rear yard setback of three feet (3'), subject to the following conditions and restrictions:

         a.   Where applicable, a building permit is obtained.

         b.   The detached accessory building or structure is twenty feet (20') or less in height. Additional height may be acquired by moving the building or structure inward into the lot. For each foot added to the side yard setback (beyond three feet (3')), an additional foot may be added to the height of the structure, but in no case shall the detached accessory building or structure be taller than the main building.

         c.   On corner lots, the required twenty foot (20') front yard setback will be maintained on both street frontages;

         d.   The detached private garage or other accessory building or structure shall be located at least ten feet (10') behind the nearest corner of the front of the main building in the given side yard.

         e.   In no case shall the square footage of the detached accessory building or structure exceed fifty percent (50%) of the square footage of the main building.

         f.   Accessory buildings and structures (including shade structures as outlined below) located in the rear yard shall not cover more than twenty five percent (25%) of the rear yard area.

         g.   The provisions of subsection G of this section shall be met for encroachment into the side yard setback.

      2.   One-story attached accessory shade structures, open on three sides, may be located in the rear yard area to within three feet (3') (at the furthest projection) of the rear property line, subject to the following conditions and restrictions:

         a.   A building permit is required for all attached accessory shade structures.

         b.   The shade structure roof and support columns must be fire rated and built of fire-resistant materials in compliance with the International Residential Code and the International Fire Code;

         c.   The shade structure shall not be built higher than the existing roof line that it abuts, and where there is no existing one-story roof line, it shall not exceed twelve feet (12') in height;

         d.   On corner lots, the required twenty foot (20') front yard setback will be maintained on both street frontages;

         e.   Where an adjoining lot exist along the rear property line, a six foot (6') high masonry wall shall be required along the rear property line adjacent to the shade structure. Where a setback of at least ten feet (10') will be maintained between the shade structure and the rear property line, no block wall is required;

         f.   The shade structure along with any other accessory structures located in the rear yard shall not cover more than twenty five percent (25%) of the rear yard area.

   C.   Density: A minimum of six thousand (6,000) square feet is required for the first dwelling unit constructed. An additional two thousand (2,000) square feet of lot area is required for each additional unit. Excess area less than two thousand (2,000) square feet must be combined with the area of an allowed dwelling unit and may not be considered for construction of an additional dwelling unit.

   D.   Outdoor Living Space: A minimum of three hundred (300) square feet of outdoor living space shall be provided for each dwelling unit, exclusive of any building, parking areas, drives, etc.

   E.   Coverage: Building coverage may not exceed sixty percent (60%) of the total lot area.

   F.   Group Dwellings: Self-contained structures which accommodate more than one dwelling unit shall be considered as one building for the purpose of determining the yard requirements of this zoning district. Each such group dwelling shall include a court of twenty feet (20') in width in order to separate the group home from adjacent structures. Specific design aspects will be reviewed and approved by staff for permitted uses, and reviewed and recommended by the planning commission and approved by the city council for conditional uses.

   G.   Provisions For Detached Accessory Buildings To Encroach Into Side Or Rear Yard Setback: In order for a detached one-story private garage or accessory building, twenty feet (20') or less in height, to encroach into the side or rear yard setback, the following conditions shall be met:

      1.   The roof shall not project across a property line;

      2.   Stormwater runoff from the building shall not run onto an adjacent property;

      3.   Any nonportable building to be placed over a drainage and/or utility easement shall require written approval, obtained by the applicant, from the electrical power department and public works department, and all other utility companies with easement rights, prior to obtaining a building permit, and shall require the property owner to provide and sign a recordable waiver and indemnification document that waives and indemnifies the city from any liability for any damages or expenses (including reimbursement to the city for removing the building) associated with the building being placed over an easement, and granting the city permission to remove such building at any time the city determines that said building must be removed to repair drainage facilities or utilities, or for other safety, health or welfare reasons; and

      4.   All other provisions of this title and applicable building and fire codes regarding accessory buildings shall be adhered to. (Ord. 2004-18, 6-9-2004; amd. Ord. 2019-24, 12-11-2019)

The purpose of the mobile home - recreational vehicle zone is to provide appropriate areas in the city where mobile home and recreational vehicle parks and subdivisions may be suitably developed for the following purposes: a) the placement and occupancy of manufactured and/or mobile homes for residential purposes on rented or leased spaces; b) the placement of manufactured and/or mobile homes on individually owned lots on a long term or temporary basis; c) the occupancy of recreational vehicles for temporary residential purposes on rented or leased spaces; and d) the occupancy of recreational vehicles on individually owned lots, all of which will include the necessary accessory uses and amenities. (Ord. 89-5, 3-1-1989)

   A.   Permitted Uses:

Accessory buildings and uses.

Home gardening.

Home occupations.

Household pets.

One "manufactured home" or "mobile home", as defined in section 9-1-6 of this title, on each approved lot or space in a mobile home park or subdivision, including covered carports, patio awnings and room additions, which meet the standards set forth in chapter 13, article B of this title, and which have been approved by the official charged with the enforcement of this title and appear to be an integral part of the manufactured or mobile home.

One "recreational vehicle" or "recreational home", as defined in section 9-1-6 of this title, on each approved lot or space in an approved recreational vehicle park or subdivision which meets the standards set forth in chapter 13, article B of this title, and which has been approved by the official charged with the enforcement of this title.

Public park, playground or recreation facilities.

Residential facilities for persons with a disability which meet the provisions of Utah Code Annotated.

Travel trailers on lots specifically approved for such use.

   B.   Conditional Uses:

Boat or recreational vehicle storage and washing areas.

Cemetery.

Childcare facilities under the following conditions:

      1.   Outdoor activities be confined to a fenced back yard.

      2.   All provisions of state laws concerning childcare facilities are complied with.

Church.

Coin operated laundry facilities and outdoor drying areas for use by residents of approved mobile home or recreational vehicle parks or subdivisions.

Mobile home parks and subdivisions.

Outdoor recreation facilities for use by the residents of an approved mobile home or recreational vehicle park or subdivision.

Parking lots for the permitted and conditional uses listed in this article.

Public buildings.

Public utilities.

Recreation and social centers for use by the residents of an approved mobile home or recreational vehicle park or subdivision.

Recreational vehicle parks and subdivisions.

School.

Security guard structures at the entrances of approved mobile home or recreational vehicle parks or subdivisions.

   C.   Other: Other uses, not listed as permitted or conditional uses in other zones, which are determined by the planning commission to be in harmony with the character and intent of this zone. (Ord. 2004-18, 6-9-2004)

   D.   Prohibited Uses: Except as otherwise provided for in this title, the following uses shall be excluded from the city: recreational/timeshare rentals, overnight rentals, vacation rentals, and any and all other types of short term rentals consisting of a period of twenty seven (27) days or less. (Ord. 2013-05, 2-13-2013)

All site design elements for the above listed conditional uses are subject to review and recommendation by the planning commission and approval of the city council, who shall apply the standards and other provisions listed in chapter 17 and chapter 13, article B of this title. (Ord. 2004-18, 6-9-2004)

No building or structure shall be erected to a height greater than two and one-half (21/2) stories or thirty five feet (35'), whichever is greater, unless otherwise approved with a conditional use permit. No accessory building shall be erected to a height greater than one story or twenty feet (20'), whichever is greater, unless otherwise approved with a conditional use permit. (Ord. 2004-18, 6-9-2004)

 

 

(Ord. 89-5, 3-1-1989)

   A.   Side Yards: One-story private garages and other accessory buildings, twenty feet (20') or less in height, located at least ten feet (10') behind the main building, may have a side yard of three feet (3'), except on the street side of a corner lot, which shall be the same as the front yard setback. The provisions of subsection E of this section shall be met for encroachment into the side yard setback. Also, subsection D of this section still applies for setbacks from exterior boundaries.

   B.   Rear Yards: One-story private garages and other accessory buildings, twenty feet (20') or less in height, located at least ten feet (10') behind the main building, may have a rear yard of three feet (3'); provided, that on corner lots rearing the side yard of another lot, the minimum rear yard for all buildings shall be five feet (5'), with the exception of a recreational vehicle space, which may still have a rear yard of three feet (3'). The provisions of subsection E of this section shall be met for encroachment into the rear yard setback. Also, subsection D of this section still applies for setbacks from exterior boundaries.

   C.   Skirting: All manufactured and mobile homes not installed on an approved permanent foundation shall be skirted with material matching the design and color of the respective manufactured or mobile home within sixty (60) days of installation. All skirting shall be kept in place and in good repair at all times.

   D.   Setbacks From Exterior Boundaries: No manufactured home, mobile home, recreation home, recreational vehicle or associated and approved room additions, awnings or storage buildings shall be located within ten feet (10') of any exterior park boundary.

   E.   Provisions For Detached Accessory Buildings To Encroach Into Side Or Rear Yard Setback: In order for a detached one- story private garage or accessory building, twenty feet (20') or less in height, to encroach into the side or rear yard setback, the following conditions shall be met:

      1.   The roof shall not project across a property line;

      2.   Stormwater runoff from the building shall not run onto an adjacent property;

      3.   Any nonportable building to be placed over a drainage and/or utility easement shall require written approval, obtained by the applicant, from the electrical power department and public works department, and all other utility companies with easement rights, prior to obtaining a building permit, and shall require the property owner to provide and sign a recordable waiver and indemnification document that waives and indemnifies the city from any liability for any damages or expenses (including reimbursement to the city for removing the building) associated with the building being placed over an easement, and granting the city permission to remove such building at any time the city determines that said building must be removed to repair drainage facilities or utilities, or for other safety, health or welfare reasons; and

      4.   All other provisions of this title and applicable building and fire codes regarding accessory buildings shall be adhered to. (Ord. 2004-18, 6-9-2004)

Washington City's Planned Unit Development - Residential (PUD-R) Zones have been established to encourage creative and efficient planning and development of land within our community by providing greater flexibility in the placement of buildings and structures on the land, the consolidation and preservation of community-valued view corridors, open spaces and trails, and the clustering of residential units. Proposed developments should be designed to maximize the integration of improvements into the natural and proposed landscape, thereby minimizing the visual impact on both view corridors/viewsheds as well as from property to property within the community. These PUD provisions are intended to create more attractive and desirable environments within the residential areas of the City. (Ord. 2018-02, 1-10-2018)

   A.   Application For Zone Change: Any person desiring to develop property under the provisions of this article shall first file an application for a zone change on the standard form provided by the City.

   B.   Conceptual Plan: The zone change application shall include a conceptual plan, and supporting text materials which describe the proposed land uses, density and the proposal’s relationship to the City general plan, as well as elevations of proposed buildings within the development. Though the City strongly encourages conceptual plans be approved at the time of zoning approval, the applicant may request to defer the conceptual plan design approval to a later date. Deferred conceptual plans will have a time limitation of eighteen (18) months. Approval process for deferred conceptual plans will be required to follow subsections C, D and E of this section.

   C.   Public Hearing By Planning Commission, With Review And Recommendation: The Planning Commission will schedule a public hearing to consider the proposed zone change and shall review the conceptual plan, supporting text materials and staff comments for compliance with applicable general plan policies. The Planning Commission shall also make recommendations concerning the zone change request which will be forwarded to the City Council.

   D.   Review by City Council: The City Council will receive the recommendations of the Planning Commission and schedule a public meeting to consider official action on the zone change request.

   E.   Decision Of City Council: The City Council may approve, modify and approve, or deny the zone change request. (Ord. 2018-02, 1-10-2018; amd. Ord. 2022-55, 10-12-2022)

"Home occupations", as defined in section 9-1-6 of this title.

Household pets.

Mobile homes or recreational vehicle developments.

Multiple-family residential uses.

Single-family residential uses.

Townhouse and condominiums (20,000 square foot lot and 4 unit minimum).

Any combination of the above uses, or other uses that may be determined by the Planning Commission to be compatible and in harmony with each other according to the designated and approved development. (Ord. 2018-02, 1-10-2018)

   A.   Application And Plan: The applicant will submit an application for a zone change on the standard zone change application form of the City, along with a site development plan, as outlined in section 9-8F-5 of this article, for a Planned Unit Development - Residential Zone change.

   B.   Planning Staff Review: Prior to the review of the development plan and text by the Planning Commission, the applicant shall pre-file the proposed request with the planning staff for review. The planning staff shall contact interested department personnel of the City or other agencies for review purposes. After review by staff, the staff shall furnish to the applicant any comments regarding the zone change request that may help the applicant in preparing the request for submission. Staff shall hold such meetings with the applicant as are deemed necessary for proper review.

   C.   Development Plan: All requests shall be accompanied by a colored site development plan and written text for the entire property proposed to be developed.

   D.   Ownership: A planned unit development shall be in single or corporate ownership at the time of application, or the subject of an application filed jointly by all owners of the property.

   E.   Open Spaces: Preservation, maintenance and ownership of open spaces within the development shall be accomplished by:

      1.   Dedication of land as a public park or parkway system; or

      2.   Granting to the City a permanent open space easement on or over the said private open spaces to guarantee that the open space will remain perpetually in common use, with ownership and maintenance being the responsibility of a homeowner's association established with articles of association and bylaws which are satisfactory to the City Council; or

      3.   Complying with the provisions of the Condominium Ownership Act, Utah Code Annotated title 57, chapter 8, as amended, which provides for the payment of common expenses for the upkeep of the common areas and facilities. (Ord. 2018-02, 1-10-2018)

   A.   Use Of Land: The applicant shall prepare a site plan and written text that show and clearly explain the projected use of land including percentages of land devoted to various types of land use, such as building coverage, parking area, landscaped area, etc.

   B.   Buildings: The text shall indicate the type, character and proposed height of all buildings. The plot plan, elevations and perspective drawings shall be prepared by the applicant to help the Planning Commission and City Council better understand the proposal. (Elevations may not be required when applying for a residential - single lot development.)

   C.   Density: The density in terms of dwelling units per gross acre of land shall be indicated.

   D.   Common And Open Spaces: The location of any proposed school sites, churches, parks and other common or open spaces shall be identified.

   E.   Phasing Plan: A phasing plan, if the development is proposed to be developed in phases, shall be submitted.

   F.   Topography: Topography at contour intervals of two feet (2') shall be submitted unless waived by the planning staff.

   G.   Landscape Plan: A landscape plan showing the general location of lawn area, shrubs, trees and fencing shall be submitted. (This may be part of the site or plot plan.)

   H.   Developable Area Reserved For Landscaping: The amount of developable land area reserved for landscaping shall be indicated (with a minimum of 20 percent of the site area developed as landscaping).

   I.   Utilities Underground: All utilities shall be underground unless otherwise approved by the Planning Commission. Transformer equipment shall be screened from the streets and from adjacent properties.

   J.   Refuse Storage Areas: Refuse storage areas shall be screened so that materials stored within these areas shall not be visible from access streets, freeways and adjacent properties. Storage or refuse areas shall not be located within required building setbacks nor within utility easements.

   K.   Lighting Plan: The plans submitted shall include a general lighting plan indicating location of lights to be installed on site.

   L.   Turning Spaces: Safe and convenient turning space shall be provided for cars, sewer vehicles, refuse collection vehicles, fire-fighting equipment, etc., at the end of private drives and dead end streets.

   M.   Traffic Conditions: The effect of the development on traffic conditions on abutting streets shall be shown.

   N.   Layout: The layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exits, driveways and walkways.

   O.   Off Street Parking: The arrangement and adequacy of off street parking facilities.

   P.   Planning Objectives: The text material shall set forth planning objectives to be accomplished through the development of the project, and show that the requested PUD zoning is in conformance with the City general plan and complies with the requested zoning designation.

   Q.   Improvements: Location, grades, widths, and type of all improvements proposed for all streets.

   R.   Line Locations: A plan showing the location of all water, sewer and drainage lines in and through the project.

   S.   Deed Restrictions; Covenants: Copies of any deed restrictions, restrictive covenants, bylaws, architectural controls or other requirements that may be appurtenant to the proposed development.

   T.   Signage: The size, location, design and nature of signs, if any, and the intensity and direction of area flood-lighting shall be detailed in the text materials.

   U.   Grading And Drainage Plan: A grading and drainage plan shall be submitted with the site development plan.

   V.   Geotechnical Report: A geotechnical report identifying any possible flood, slope, faulting, soils or other related hazards on the site shall be submitted with the application. (Ord. 2018-02, 1-10-2018)

   A.   Building Coverage: The land coverage by all buildings shall not exceed fifty percent (50%) of the net lot or parcel acreage.

   B.   Minimum Lot Size: The minimum lot size in single-family residential subdivisions with private individual lots (no common area within lots) is five thousand (5,000) square feet; provided, that at least twenty percent (20%) of the total project is developed and maintained as common open landscape or recreation area.

   C.   Density: The density of a planned unit residential - single lot development shall conform to the density limitations of the general plan, except that the City Council upon recommendation of the Planning Commission may approve a density greater than the general plan designation where the following findings are made:

      1.   The proposed dwellings are platted for individual ownership of the dwelling units, and

      2.   The density and building scale of the proposed units are similar in scale to an adjoining developed parcel or is considered in scale with the surrounding area and fits harmoniously into the neighborhood, as determined by the City Council but in no case shall exceed eight (8) dwelling units per acre. To be considered for density increases, the applicant will include, as part of the development design, any of the following credits:

         a.   Landscaping Along Periphery Of Development: If a common area landscaped strip between twenty feet (20') and twenty five feet (25') is created along the periphery of the development (which is beyond the 50 percent requirement of parcel coverage for non-structures), and surrounds at least sixty seven percent (67%) of the development, an increase of one dwelling unit per acre shall be added to the minimum density for the development.

         b.   Tree Lined Streets: Tree lined streets for all streets (internal and periphery) to provide shade for sidewalks and to reduce solar heat gain. If all streets within the development, on both sides of the streets, will have a landscape strip between the curb and sidewalk planted with shade trees at forty foot (40') spacing or less, with trees that are of twenty four inch (24") box containers with a minimum of one and one-half inch (11/2") caliper, an increase of one dwelling unit per acre shall be added to the minimum density for the development.

         c.   Landscaped Open Spaces: For every ten percent (10%) of landscaped open space incorporated into the development (which is beyond the 50 percent requirement of parcel coverage for non-structures), and not receiving density increases through other provisions of this section, may receive an increase of one dwelling unit per acre which shall be added to the minimum density for the development.

         d.   Increased Recreational Facilities: Additional designated recreational amenities, above the requirements as already set forth for planned unit development, may receive an increase in density, as approved by the Planning Commission and City Council on case by case basis.

   D.   Setbacks: The setbacks for all Planned Unit Developments - Residential will be as follows, unless an approved setback alternative plan is granted by the Planning Commission and approved by the City Council:

      1.   Front Yard: Front yard setbacks shall be a minimum of twenty feet (20'). The street side of corner lots, shall be the same as the front yard setback.

      2.   Building, Parking Required: The front yard setback area shall not be used for long term parking of any motor vehicles, or for required additional visitor parking, except for the driveway directly in front of the garage or carport of the dwelling unit.

      3.   Side Setbacks: Side yard setbacks on interior lot lines shall be a minimum of five feet (5') on one side and ten feet (10') on the opposite side for all dwellings, with a minimum of fifteen feet (15') between homes. Side yard setbacks on exterior lot lines (boundary lines) shall be a minimum of ten feet (10').

      4.   Rear Setbacks: Rear yard setbacks shall be a minimum of ten feet (10').

   E.   Parking Requirements: The parking requirements of chapter 16 of this title shall apply.

   F.   Signs And Advertising: The requirements of chapter 18 of this title shall apply, except that in large residential planned unit developments (those containing more than 200 dwelling units), the Planning Commission may approve an overall sign scheme for the project which may exceed the restrictions contained in chapter 18 of this title.

   G.   Height Restrictions: No building shall be erected to a height greater than thirty five feet (35') unless specifically approved as part of the zone change approval.

   H.   Size Requirement: Each Planned Unit Development Zone shall contain a minimum of twenty thousand (20,000) square feet and four (4) dwelling units.

   I.   Landscape Requirement: All planned unit developments shall have a minimum of fifty percent (50%) of the developable site area developed and maintained as landscaped or natural open space. Floodways and slopes that exceed a specific percentage and/or have unsuitable soil conditions for hillside development, as identified in the Hillside Protection Overlay Zone, are not considered developable. The applicant of the requested PUD Zone shall show what areas are to be landscaped and what areas are to be left in a natural state. The City Council shall determine if the proposed landscaped areas and the areas proposed to be left in a natural state will satisfy the fifty percent (50%) landscape or natural open space requirement. In any event, all landscaped and open green space areas shall be kept in a weed free condition. All proposed structures, future structures, roads and parking areas are excluded from the calculations used to satisfy this requirement.

   J.   Time Limitations: Building permits for construction within Planned Unit Development Residential - Single Lot Zones must be obtained within eighteen (18) months of the approval of a zone change to planned unit development - single lots. If eighteen (18) months elapse without the issuance of building permits for the construction of the approved plans within the Planned Unit Development Zone, all conceptual and preliminary plan approvals shall be deemed null and void, unless an extension is granted. The applicant shall request an extension on an approved development plan prior to the expiration of the eighteen (18) month time limit. The Community Development Director may approve a six (6) month extension on an approved development plan. In the case that a second six (6) month extension is needed, the applicant shall request a second extension on the approved development plan prior to the expiration of the first six (6) month extension time limit. The City Council will approve or deny the requested second extension on the development plan. In the case that an approved development plan does expire, the zoning of the property shall remain planned unit development, but no construction will be allowed on the property until a new plan is submitted and approved by the Planning Commission and the City Council as outlined in section 9-8F-2 of this article.

   K.   Recreation Or Playground Areas: In developments with five (5) or more units, there shall be provided usable recreation or playground areas with a total minimum area of one thousand (1,000) square feet for five (5) units and an additional two hundred (200) square feet for each unit over five (5) units. No side measurement of each usable recreation or playground area shall be less than twenty feet (20') in width/length. At least fifty percent (50%) of the usable area shall be in the form of open playground and green space. (Ord. 2018-02, 1-10-2018)

   A.   Building Coverage: The land coverage by all buildings shall not exceed fifty percent (50%) of the net lot or parcel acreage.

   B.   Minimum Lot Size: The minimum lot size in multiple-family residential subdivisions with private individual building pads and associated common area is twenty thousand (20,000) square feet; provided, that at least twenty percent (20%) of the total project is developed and maintained as common open landscape or recreation area.

   C.   Density: The density of a planned unit residential - multiple family development shall conform to the density limitations of the general plan, except that the City upon recommendation of the Planning Commission may approve a density greater than the general plan designation where the following findings are made:

      1.   The proposed development is considered an infill development where the surrounding land is already developed, and

      2.   The proposed dwellings are platted for individual ownership of the dwelling units, and

      3.   The density and building scale of the proposed units are similar in scale to an adjoining developed parcel or is considered in scale with the surrounding area and fits harmoniously into the neighborhood, as determined by the City Council but in no case shall exceed a twenty five percent (25%) dwelling units per acre increase as stated in the general plan. To be considered for density increases, the applicant will include, as part of the development design, any of the following credits:

         a.   Landscaping Along Periphery Of Development: If a common area landscaped strip between twenty feet (20') and twenty five feet (25') is created along the periphery of the development (which is beyond the 50 percent requirement of parcel coverage for non-structures), and surrounds at least sixty seven percent (67%) of the development, an increase of one dwelling unit per acre shall be added to the minimum density for the development.

         b.   Tree Lined Streets: Tree lined streets for all streets (internal and periphery) to provide shade for sidewalks and to reduce solar heat gain. If all streets within the development, on both sides of the streets, will have a landscape strip between the curb and sidewalk planted with shade trees at forty foot (40') spacing or less, with trees that are of twenty four inch (24") box containers with a minimum of one and one-half inch (11/2") caliper, an increase of one dwelling unit per acre shall be added to the minimum density for the development.

         c.   Landscaped Open Spaces: For every ten percent (10%) of landscaped open space incorporated into the development (which is beyond the 50 percent requirement of parcel coverage for non-structures), and not receiving density increases through other provisions of this section, may receive an increase of one dwelling unit per acre which shall be added to the minimum density for the development.

         d.   Increased Recreational Facilities: Additional designated recreational amenities, above the requirements as already set forth for planned unit development, may receive an increase in density, as approved by the Planning Commission and City Council on case by case basis.

   D.   Setbacks: The setbacks for all planned unit developments - multiple family will be as follows, unless an approved setback alternative plan is granted by the Planning Commission and approved by the City Council:

      1.   Front Yard: Front yard setbacks shall be a minimum of twenty feet (20'). The street side of corner lots, shall be the same as the front yard setback.

      2.   Building, Parking Required: The front yard setback area shall not be used for long term parking of any motor vehicles, or for required additional visitor parking, except for the driveway directly in front of the garage or carport of the dwelling unit.

      3.   Side And Rear Setbacks: Side and rear setbacks on interior lot lines shall be a minimum of ten feet (10') for all dwellings.

      4.   Group Dwellings: In group dwellings, no two (2) buildings may be located closer together than ten feet (10') for one- story buildings, fifteen feet (15') for two-story buildings, and twenty feet (20') for approved three-story (or more) buildings.

      5.   Two-Story Buildings: For two-story (or more) buildings, the side and rear setbacks shall be at least twenty five feet (25') along the boundary of a Single-Family Zone, and twenty feet (20') along the boundary of other zones.

   E.   Parking Requirements: The parking requirements of chapter 16 of this title shall apply.

   F.   Signs And Advertising: The requirements of chapter 18 of this title shall apply, except that in large residential planned unit developments (those containing more than 200 dwelling units), the Planning Commission may approve an overall sign scheme for the project which may exceed the restrictions contained in chapter 18 of this title.

   G.   Height Restrictions: No building shall be erected to a height greater than thirty five feet (35') unless specifically approved as part of the zone change approval.

   H.   Size Requirement: Each Planned Unit Development Zone shall contain a minimum of twenty thousand (20,000) square feet and four (4) dwelling units.

   I.   Landscape Requirement: All planned unit developments shall have a minimum of fifty percent (50%) of the developable site area developed and maintained as landscaped or open green space. Floodways and slopes that exceed a specific percentage and/or have unsuitable soil conditions for hillside development, as identified in the Hillside Protection Overlay Zone, are not considered developable. The applicant of the requested PUD Zone shall show what areas are to be landscaped and what areas are to be left in a natural state. The City Council shall determine if the proposed landscaped areas and the areas proposed to be left in a natural state will satisfy the fifty percent (50%) landscape or open green space requirement. In any event, all landscaped and open green space areas shall be kept in a weed free condition. All proposed structures, future structures, roads and parking areas are excluded from the calculations used to satisfy this requirement.

   J.   Time Limitations: Building permits for construction within Planned Unit Development Residential - Multiple Family Lot Zones must be obtained within eighteen (18) months of the approval of a zone change to planned unit development - multiple family. If eighteen (18) months elapse without the issuance of building permits for the construction of the approved plans within the Planned Unit Development Zone, all conceptual and preliminary plan approvals shall be deemed null and void, unless an extension is granted. The applicant shall request an extension on an approved development plan prior to the expiration of the eighteen (18) month time limit. The Community Development Director may approve a six (6) month extension on an approved development plan. In the case that a second six (6) month extension is needed, the applicant shall request a second extension on the approved development plan prior to the expiration of the first six (6) month extension time limit. The City Council will approve or deny the requested second extension on the development plan. In the case that an approved development plan does expire, the zoning of the property shall remain planned unit development, but no construction will be allowed on the property until a new plan is submitted and approved by the Planning Commission and the City Council as outlined in section 9-8F-2 of this article.

   K.   Recreation Or Playground Areas: In developments with five (5) or more units, there shall be provided usable recreation or playground areas with a total minimum area of one thousand (1,000) square feet for five (5) units and an additional two hundred (200) square feet for each unit over five (5) units. No side measurement of each usable recreation or playground area shall be less than twenty feet (20') in width/length. At least fifty percent (50%) of the usable area shall be in the form of open playground and green space. (Ord. 2018-02, 1-10-2018)

   A.   Building Coverage: The land coverage by all buildings shall not exceed fifty percent (50%) of the net lot or parcel acreage.

   B.   Minimum Lot Size: The minimum lot size in the short term rental residential subdivisions is five (5) acres, with a minimum of five (5) dwelling units; provided, that at least twenty percent (20%) of the total project is developed and maintained as common open landscape or recreation area.

   C.   Density: The density of a planned unit residential - short term rental development shall conform to the density limitations of the general plan, except that the City upon recommendation of the Planning Commission may approve a density greater than the general plan designation where the following findings are made:

      1.   The proposed development is considered an infill development where the surrounding land is already developed, and

      2.   The proposed dwellings are platted for individual ownership of the dwelling units, and

      3.   The density and building scale of the proposed units are similar in scale to an adjoining developed parcel or is considered in scale with the surrounding area and fits harmoniously into the neighborhood, as determined by the City Council but in no case shall exceed a twenty five percent (25%) dwelling units per acre increase as stated in the general plan. To be considered for density increases, the applicant will include, as part of the development design, any of the following credits:

         a.   Landscaping Along Periphery Of Development: If a common area landscaped strip between twenty feet (20') and twenty five feet (25') is created along the periphery of the development (which is beyond the 50 percent requirement of parcel coverage for non-structures), and surrounds at least sixty seven percent (67%) of the development, an increase of one dwelling unit per acre shall be added to the minimum density for the development.

         b.   Tree Lined Streets: Tree lined streets for all streets (internal and periphery) to provide shade for sidewalks and to reduce solar heat gain. If all streets within the development, on both sides of the streets, will have a landscape strip between the curb and sidewalk planted with shade trees at forty foot (40') spacing or less, with trees that are of twenty four inch (24") box containers with a minimum of one and one-half inch (11/2") caliper, an increase of one dwelling unit per acre shall be added to the minimum density for the development.

         c.   Landscaped Open Spaces: For every ten percent (10%) of landscaped open space incorporated into the development (which is beyond the 50 percent requirement of parcel coverage for non-structures), and not receiving density increases through other provisions of this section, may receive an increase of one dwelling unit per acre which shall be added to the minimum density for the development.

         d.   Increased Recreational Facilities: Additional designated recreational amenities, above the requirements as already set forth for planned unit development, may receive an increase in density, as approved by the Planning Commission and City Council on case by case basis.

   D.   Setbacks: The setbacks for all planned unit developments - residential will be as follows, unless an approved setback alternative plan is granted by the Planning Commission and approved by the City Council:

      1.   Front Yard: Front yard setbacks shall be a minimum of twenty feet (20'). The street side of corner lots, shall be the same as the front yard setback.

      2.   Building, Parking Required: The front yard setback area shall not be used for long term parking of any motor vehicles, or for required additional visitor parking, except for the driveway directly in front of the garage or carport of the dwelling unit.

      3.   Side And Rear Setbacks: Side and rear setbacks on interior lot lines shall be a minimum of ten feet (10') for all dwellings.

      4.   Group Dwellings: In group dwellings, no two (2) buildings may be located closer together than ten feet (10') for one- story buildings, fifteen feet (15') for two-story buildings, and twenty feet (20') for approved three-story (or more) buildings.

      5.   Two-Story Buildings: For two-story (or more) buildings, the side and rear setbacks shall be at least twenty five feet (25') along the boundary of a Single-Family Zone, and twenty feet (20') along the boundary of other zones. An additional ten feet (10') shall be added to the setback for each additional story over two (2) stories.

   E.   Parking Requirements: At a minimum, two (2) parking stalls for each dwelling unit (at least 1 will be required to be a covered stall), with additional stalls for visitor parking. The development will also be required to provide additional stalls at a minimum of thirty five feet (35') in length, for vehicles such as boats, trailers, ATVs, etc. Due to the complexity of this particular use, the Planning Commission and City Council reserve the right to review the parking requirements on case by case basis for each planned unit development - short term rental proposal.

   F.   The Home Owners Association (or their designee) for each short term rental development, will be responsible for providing to the city, a single point of contact (that resides either on the property, or within Washington County, Utah) that will be directly responsible for:

      1.   Any, and all circumstances and/or disturbances that may need addressing due to the property owners or their guest, and;

      2.   Assuring that all units being used as Short Term Rentals, have a current Washington City Business License, and;

      3.   Assuring that all units being used as Short Term Rentals, will be scheduled for, and pass, a Washington City Fire Department yearly inspection of the unit being used as a Short Term Rental.

   G.   Signs And Advertising: The requirements of chapter 18 of this title shall apply, except that in large residential planned unit developments (those containing more than 200 dwelling units), the Planning Commission may approve an overall sign scheme for the project which may exceed the restrictions contained in chapter 18 of this title.

   H.   Height Restrictions: No building shall be erected to a height greater than thirty five feet (35') unless specifically approved as part of the zone change approval.

   I.   Landscape Requirement: All planned unit developments shall have a minimum of fifty percent (50%) of the developable site area developed and maintained as landscaped or open green space. Floodways and slopes that exceed a specific percentage and/or have unsuitable soil conditions for hillside development, as identified in the Hillside Protection Overlay Zone, are not considered developable. The applicant of the requested PUD Zone shall show what areas are to be landscaped and what areas are to be left in a natural state. The City Council shall determine if the proposed landscaped areas and the areas proposed to be left in a natural state will satisfy the fifty percent (50%) landscape or open green space requirement. In any event, all landscaped and open green space areas shall be kept in a weed free condition. All proposed structures, future structures, roads and parking areas are excluded from the calculations used to satisfy this requirement.

   J.   Time Limitations: Building permits for construction within Planned Unit Development Residential - Short Term Rental Lot Zones must be obtained within eighteen (18) months of the approval of a zone change to planned unit development - short term rental. If eighteen (18) months elapse without the issuance of building permits for the construction of the approved plans within the Planned Unit Development Zone, all conceptual and preliminary plan approvals shall be deemed null and void, unless an extension is granted. The applicant shall request an extension on an approved development plan prior to the expiration of the eighteen (18) month time limit. The Community Development Director may approve a six (6) month extension on an approved development plan. In the case that a second six (6) month extension is needed, the applicant shall request a second extension on the approved development plan prior to the expiration of the first six (6) month extension time limit. The City Council will approve or deny the requested second extension on the development plan. In the case that an approved development plan does expire, the zoning of the property shall remain planned unit development, but no construction will be allowed on the property until a new plan is submitted and approved by the Planning Commission and the City Council as outlined in section 9-8F-2 of this article.

   K.   Recreation Or Playground Areas: In developments with five (5) or more units, there shall be provided usable recreation or playground areas with a total minimum area of one thousand (1,000) square feet for five (5) units and an additional two hundred (200) square feet for each unit over five (5) units. No side measurement of each usable recreation or playground area shall be less than twenty feet (20') in width/length. At least fifty percent (50%) of the usable area shall be in the form of open playground and green space. (Ord. 2018-02, 1-10-2018; amd. Ord. 2020-06, 3-11-2020)

   A.   Public Meeting by City Council: Subsequent to review and recommendation by the Planning Commission, the proposed Planned Unit Development Zone change request shall be forwarded to the City Council for a public meeting to consider official action on the zone change.

   B.   Recommendation Of Planning Commission: The Planning Commission shall forward any recommendations for approval, disapproval or modification of the planned unit development request as reviewed by them to the City Council to be considered as a part of the zone change hearing.

   C.   Advertising And Procedure: The zone change request shall be advertised and heard according to the same requirements as any other zone change request submitted to the City Council.

   D.   Conditions Of Approval: The City Council may approve a Planned Unit Development Zone change request only after finding that the requirements of this title and any other ordinances or restrictions affecting the property have been satisfied. In granting such approval, the City Council may impose and enforce such specific conditions as to development, phasing and building construction or maintenance and operation as it deems necessary to protect the health, safety and welfare of the residents of the City.

   E.   Compliance With Approved Plan: All development within the Planned Unit Development Zone shall comply with the development plan as approved and adopted by the City Council.

   F.   Filing Of Plan And Materials: The development plan and supplementary text materials, after adoption, shall be filed in the offices of the City, and all development within the zone shall comply therewith, unless the development plan and supplementary materials are amended as prescribed herein.

   G.   Final Subdivision Plat: A final subdivision plat as described in the Subdivision Ordinance in effect at the time of application shall be submitted for a recommendation of approval or disapproval to the Planning Commission, who shall forward their recommendation to the City Council for final plat approval as outlined elsewhere in this title.

   H.   Other Applicable Provisions: All other applicable provisions of this title shall apply, i.e., mobile home or recreational vehicle requirements for mobile or recreational vehicle developments, etc. (Ord. 2018-02, 1-10-2018; amd. Ord. 2022-55, 10-12-2022)

Any amendments to the development plan shall be accomplished in the same manner as any other amendment to this title. Revised text and/or plan shall be submitted, along with a zone change request, to the Planning Commission and shall be reviewed in the same manner as the initial zone change request. The plan, as approved by the City Council, constitutes the zone, and any significant change in the plan shall be processed as an amendment to the zone. (Ord. 2018-02, 1-10-2018)

   A.   Required: Following the approval of the Planned Unit Development - Residential Zone change and upon request for issuance of any building permit therein, the developer and contractor and the planning staff shall meet together to review the requirements of the zone change and to make sure that the developer and contractor are aware of the conditions under which the zone change was granted.

   B.   Plans Stamped And Signed: At the plan review conferences, the plans will be stamped and signed by the staff, developer and contractor as the official set of construction plans from which the work will be performed.

   C.   Changes or Modifications: Any changes or modifications to the approved plan for development during the period of construction shall first be re-submitted to the planning staff for approval and if deemed significant and at the discretion of the staff, returned to the Planning Commission for their review and recommendations and to the City Council for a public meeting to consider official action on the zone change as provided for in section 9-8F-9 of this article. (Ord. 2018-02, 1-10-2018; amd. Ord. 2022-55, 10-12-2022)