Washington County Unincorporated
City Zoning Code
City Zoning Code
CHAPTER 9
PD PLANNED DEVELOPMENT ZONES
10-9-1: GENERAL PURPOSE AND DESCRIPTION:
The overall purpose of the planned development (PD) zone is to allow and encourage applicant flexibility and creativity in design and development of comprehensively planned projects. The specific purposes and intent of the planned development zone regulations are:
A. To provide greater compatibility with surrounding land uses consistent with the Washington County General Plan.
B. To allow for a more efficient and creative site design for a specific property.
C. To encourage property owners to develop master plans of their total land while still allowing for phased development. (Ord. 2010-991-O, 2-16-2010; Ord. 2019-1149-O, 12-3-2019; Ord. 2022-1205-O, 3-15-2022; Ord. 2024-1251-O, 2-25-2024)
10-9-2: TYPES OF PLANNED DEVELOPMENT ZONES:
The following types of planned developments are authorized by this chapter:
PDR Planned development residential zone
PDC Planned development commercial zone
PD-STR Planned development short term rental zone
Opportunities for mixed use are provided for within each type of planned development zone. See the sections of this chapter pertaining to each zone for details relating to mixed use opportunities. (Ord. 2010-991-O, 2-16-2010; Ord. 2019-1147-O, 9-17-2019; Ord. 2019-1149-O, 12-3-2019; Ord. 2021-1172-O, 3-16-2021; Ord. 2022-1205-O, 3-15-2022; Ord. 2024-1251-O, 2-25-2024)
10-9-3: PLANNED DEVELOPMENTS APPROVED PRIOR TO ADOPTION OF THIS CHAPTER:
A. Any major revisions or amendments to the existing zone shall subject the plans to review based upon all the requirements and provisions of this chapter.
B. Planned development zones previously approved under this chapter shall meet development standards in place at the time of approval. All subsequent planned development zones shall meet the development standards herein, and construction standards in place at the time of construction. (Ord. 2010-991-O, 2-16-2010; amd. Ord. 2019-1149-O, 12-3-2019; Ord. 2024-1251-O, 2-25-2024)
10-9-4: GENERAL PLANNED DEVELOPMENT STANDARDS AND REQUIREMENTS:
All planned developments shall meet the following standards and other requirements as set forth:
A. Permitted Uses: All uses must be approved in conjunction with the project plan and in accordance with the use chart approved as part of the PD. If requested zone change is to PDC, in addition to any approved use chart all uses must be in accordance with the Use Matrix in section 10-10-2.
B. General Standards And Requirements:
1. Preservation Of Features: The development shall be compatible with the existing topography of the land and shall reserve unusual topography and natural features. Requests to waive this standard must be accompanied by a professionally prepared feasibility report indicating why the proposed development is a significant county need that transcends the need to preserve the topography and/or other features.
2. Land Disturbance After Concept Plan Submittal But Prior To Project Plan Approval: No alteration or disturbance of land in a planned development zone, or the natural, or cultural resources thereon, shall be permitted until the zone change, complete project plan, and construction drawings have received approval from the county. Any subsequent land disturbance must be consistent with the approval granted by the county commission.
3. Subdivision Regulations: Land within a planned development, or a phase of a planned development, shall be treated as a subdivision and thus subject to the provisions of the county subdivision ordinance.
4. Interconnectivity Of Land Use/Phases: Each phase of the project shall not be isolated from adjacent land development and connection to future development shall be identified and maintained. Each phase of the project shall be served by at least one (1) adequate dedicated public roadway that connects to all adjacent phases or land use areas. If the project has more than fifty (50) units, the overall project must contain a minimum of two (2) public roadway accesses. Any deviation from these required two (2) primary accesses must be recommended by the land use authority and approved by the county commission and only if the unit count is seventy-five (75) units or less.
5. Calculation Of Density: Land uses for open space, common areas, and interior streets, drives, sidewalks and other circulation ways may be included as part of the density calculation. The amount of land characterized by floodway, steep slopes (as defined by the county hillside ordinance), wetlands, unstable soils, or other unbuildable or sensitive lands may not be included as a part of the land area for density calculations. However, twenty percent (20%) of the unbuildable land area may be applied to the buildable portion of the property through density transfer to increase the net density of the project. Within phases, density for a specific phase may not exceed that permitted in the project plan for that phase, and the overall density for the project at all times must be less than or equal to the allowable maximum density.
6. Streets And Public Infrastructure: Water, sewer, street, electric, and other required infrastructure shall be provided according to the requirements of the county subdivision ordinance and county construction and design standards. Exceptions to the county standards and subdivision requirements related exclusively to roadway design standards and layout must be supported by appropriate engineering studies and approved by the county commission pursuant to its approval of the project plan, and shall control and regulate the development and construction within the project as guidelines and standards specific to the project. This provision does not alter the public access requirements above. The following infrastructure requirements are required as a part of all PD developments.
a. Design Of Streets: The design of streets is subject to recommendation by the land use authority and approval by the county commission, which may require or allow modifications to the location, layout, or capacity of roads, or attach additional requirements such as turn lanes, traffic circles, wider or narrower right-of-way; pavement widths, medians, traffic calming features, etc., and provided that such modifications meet generally accepted traffic engineering and planning principles that can be justified by the applicant (as may be done via traffic engineering studies) and verified by the land use authority. The county may retain independent traffic engineering professionals under its control and supervision to verify or modify the applicant's proposed street designs, at the applicant's expense.
b. Interior Streets: Interior streets and roads will be owned and maintained by the county unless otherwise recommended by the land use authority and approved by the county commission. Prior to any agreement by the county to own or maintain streets, streets must meet the county specifications and must be approved by the county public works department.
c. A traffic study must be submitted for any commercial project, and for every residential project that has over ten (10) dwelling units. The traffic study shall address all potential impacts, including but not limited to, modifications needed to intersections of roads leading to the project, adequacy of the access roads to handle traffic in all weather conditions, right-of-way status, internal circulation, connectivity with adjoining properties, access safety, and emergency services accessibility.
7. Interconnectivity Of Trails, Paths And Sidewalks: Sidewalks shall be provided according to the requirements of the county subdivision ordinance in all commercial developments and in all residential developments with a density of more than one (1) residence per acre. Each phase or development shall be connected to existing or planned pedestrian paths and sidewalks and must maintain already-existing public access to recreation. Wayfinding signs, kiosks and/or trail markers may be required as necessary to guide public access.
8. Parking: Parking stalls and lots must conform to chapter 10-16 of this code. Any variation must be approved by the planning commission.
9. Temporary Storage Containers: May be allowed in PD developments as permitted by Community Development staff.
10. Utilities: Construction drawings for all utility systems shall be reviewed and approved by the county public works department prior to commencing the installation of any system, and prior to final approval of a subdivision plat or a project plan done where a subdivision plat may not be necessary. Comply with county ordinance 10-5-3. All applicable will-serve letters and any required feasibility studies must be approved prior to project plan or zone change approval. Additionally:
a. Water: For developments served by state regulated/approved water companies, in which the developer has no financial interest in the water company, a letter from the water company agreeing to provide the amount of water required by the development is required with any zone change application.
For all new development in which the developer has any interest whatsoever in the water company providing water to the subdivision, a letter from the Utah State Department of Environmental Quality, approving the quantity, quality and feasibility of providing culinary water to the project is required prior to any zone change and project plan approval.
b. Sewer /Septic: A letter from Utah Department of Environmental Quality and the Southwest Utah Public Health Department, whichever agency is applicable, and a letter from the appropriate sewer authority for approving the method of wastewater disposal to be used in the development is required prior to project plan approval. The method of disposal must also be approved by the planning commission.
c. Fire: A fire protection plan that complies with section 11-5-4 of this code must be reviewed by the applicable fire district. The planning commission must review and consider the fire district's recommendations prior to project plan approval.
d. Power: A will-serve letter from the applicable power company must be submitted prior to project plan approval, if power will be provided for the project.
11. Landscaping Standards And Requirements:
a. A landscape plan must be submitted as part of the concept plan. The landscape plan must illustrate themes, locations and other elements within the overall project. This shall be integrated with the site plan as a part of the project plan submission. The phase plan shall show landscaping in more detail, but calculations and construction drawings are not required until the final plan is submitted for approval. Undeveloped open space planned for future development cannot be counted as landscaping or open space.
b. Entry points to the development shall be landscaped in an attractive manner using plant specimens consistent throughout the remainder of the development. The landscape plan also shall show the proposed treatment of the perimeter of the development including materials and techniques such as berms, plantings, screening, fences and walls.
c. Landscaping may be required around building and other structures such as waste receptacles, utility boxes, and storage areas.
d. The landscape plan shall be followed and maintained. Failure to maintain the landscape plan will result in fines and a notice of violation being recorded by the county against the property.
e. To reduce the need for supplemental water, landscaping shall primarily utilize xeriscaping or as otherwise approved by the land use authority.
12. Open Space Standards And Requirements: Common open space is an important element in a PD development serving to provide resting and gathering places, recreation areas, aesthetic complements, stormwater percolation areas, and other purposes. Open space for the purpose of the PD zone shall be defined as an area of land associated with and adjacent to a building or group of buildings in relation to which it serves to provide light and air, scenic, recreational, resting, or similar purposes. Such space shall, in general, be available for entry and use by the occupants of the buildings with which it is associated, and at times to the general public. Open space may include a limited proportion of space so located and treated to enhance the amenity of development by providing landscaping features, screening, or buffering for occupants or adjacent landowners, or a general appearance of openness. Open space is intended to include "park-like" amenities and naturally occurring relatively undisturbed areas. Open space shall not include roadways, driveways, or parking lots. Each phase, and the project as a whole must meet the minimum open space standards required within that zone.
a. Open Space Areas: Minimum areas of the planned development shall be dedicated as open space as described in each zone within this chapter.
b. Adjacent Public Open Space: The minimum amount of open space required in the developed area for a PD development may be reduced by an amount determined by the land use authority, if the PD site bounds along at least one property line, a park or other open active recreation space (e.g., BLM, Forest Service, Desert Reserve property) available and accessible to the public for recreation, relaxation, walking, etc. The adjacent public open space must have a reasonable certainty of remaining in a perpetual state of open space. The open space should be sufficient in size and scope to provide significant recreational opportunities to those residents living in the project as may be approved by the land use authority.
c. Open Space Substitutions: Pedestrian and bicycle amenities may reduce the amount of open space required in the developed area for a PD development by an amount determined by the land use authority by instituting the following or similar amenities:
(1) A dedicated walking or bike path connecting to existing or proposed bike routes, or serving the project in general.
(2) Pedestrian bridges.
(3) Publicly accessible open decks or any other amenities approved by the land use authority.
13. Outdoor Lighting: Lighting shall be used to illuminate parking areas during evening business hours in commercial developments. Lights shall be arranged to reflect light away from adjoining premises used for residential or sleeping purposes, and shall be approved by the land use authority. Efforts to eliminate off-site light pollution shall be incorporated into the lighting design and construction.
14. Outside Storage: All materials and merchandise, except vehicles in running order, shall be stored in an enclosed building or within an enclosure surrounded by a solid, sight obscuring fence or wall of not less than six feet (6') in height, and no material or merchandise shall be stored to a height of more than the height of the enclosing fence or wall (chain-link fencing with slats is not considered a solid fence for purposes of this section).
15. Trash, Junk, Inoperable Vehicles, Vessels And Similar Items: No trash, rubbish, weeds, tumbleweeds or other combustible material shall be allowed to remain on any property outside of approved containers in any PD zone. No junk, debris, abandoned, inoperable or dismantled vehicles or vessels or vehicle or vessel parts or similar material shall be stored or allowed to remain on any lot in any PD zone.
16. Maintenance: All structures, permitted signs, parking area, landscaping, etc., shall be maintained in a neat, clean and orderly manner. All refuse shall be collected from outdoor areas on a regular basis.
17. Departmental Standards: Standards for design, construction specification and inspection of street improvements, curbs, gutters, sidewalks, storm drainage, flood control facilities, water systems and fire protection systems shall be approved by the county public works department. Standards for water distribution and sewage disposal facilities must be approved by the Utah State Department of Environmental Quality and the Southwest Utah Public Health Department, whichever is applicable. Applicants shall comply with standards established by departments and agencies of the state.
C. If a conflict exists between these general standards and requirements and more specific requirements as outlined in each type of PD zone (PDR, PDC), the standard or requirement under the specific PD zone type controls. (Ord. 2010-991-O, 2-16-2010; amd. Ord. 2019-1147-O, 9-17-2019; Ord. 2019-1149-O, 12-3-2019; Ord. 2021-1172-O, 3-16-2021; Ord. 2021-1196-O, 10-5-2021; Ord. 2022-1205, 3-15-2022; Ord. 2024-1251-O, 2-25-2024; Ord. 2025-1292-O, 5-6-2025)
10-9-5: PDR PLANNED DEVELOPMENT RESIDENTIAL ZONE:
The principal uses of land in the PDR Planned Development Residential Zone (PDR) are residential with related recreational, cultural, neighborhood commercial, and educational facilities normally required in providing the basic elements of a balanced, orderly, convenient and attractive residential area. The density of a planned residential development shall be approved by the land use authority for each development individually, encouraging clustering of residences and encouraging preservation of natural occurring open areas.
A. Location Of PDR Zones: PDR zones may be located where sufficient land and infrastructure exist, or are planned for, which will allow for a development that meets the standards and requirements of this chapter. They should not be proposed as an alternate to a residential subdivision when, in the opinion of the land use authority, the proposed subdivision does not meet_the considerations listed in section 10-9-1 of this chapter. Such subdivision should be considered for approval in whatever residential zone they qualify in.
B. Permitted Uses In PDR Zones:
Detached residential units, including standard single-family detached residences, zero lot line residences, and cluster housing.
Two-family residential units (R-2 and R-3 zoning).
Minor home occupations.
Public facilities including fire protection, police protection, public works facilities, public libraries, public parks or other public facility development.
Townhouses.
Residential facilities for persons with a disability.
C. Conditional Uses: Conditional uses may be approved at the time of project plan or phase plan approval, or at a later time as project details permit appropriate use determination. If the use changes from that use approved in the project plan, an amendment to the plan will be necessary. All conditional uses shall meet the requirements of chapter 18, "Conditional Uses", of this title. Conditional uses may be approved for one 01 more of the following:
Accessory Dwelling Unit (ADU) for temporary guests or family member of main dwelling owner/occupant.
Apartment rental developments.
Assisted living or independent living care facilities.
Cemeteries.
Churches with or without attendant educational and recreational buildings.
Clubs, private and public, including, but not limited to, golf and country clubs.
Condominiums. Neighborhood commercial uses in PDR zones provided:
1. Mixed use, i.e., commercial, office, or residential, are within the same building or on the same site.
2. The neighborhood commercial is located within the PDR development.
3. Provide sidewalks at such widths that shall comply with current construction standards, as may be approved by the land use authority, and which will connect the pedestrian system within the project, and also to sidewalks in existing development areas outside of the project area as may be applicable.
4. Parking for residential units within the neighborhood commercial area shall be separated from commercial parking spaces and specifically reserved for residential parking in the amount required by this chapter, unless otherwise approved by the land use authority. Commercial parking spaces shall meet the requirements of this chapter, or as may be approved by the land use authority.
Public utility transmission structures including electrical substations, distribution lines, transformer locations, water wells, pumping structures and other similar uses and structures.
Schools, public or private, offering general educational courses to the public at the preschool, elementary, secondary, or college level.
Condotel or timeshare in residential properties.
Other proposed uses, as may be approved by the land use authority as being either permitted or conditional, and in harmony with the intent of the particular zone being considered.
D. Subdivision Regulations: All applicable subdivision regulations required under Title 11 must also be met.
E. After zone change and project plan approval by the land use authority, if a phase of the project plan is entirely single family, two-family. or townhouses, or a mixture of the three (3) housing types, it may proceed with development in accordance with county ordinance 11-3-1. Phases with mixed use, short term rental. commercial. or other uses are not eligible for the 11-3-1 process .
F. PDR Zone Encouraged: If applicant has a development lease for the development of property, the applicant is encouraged to zone the entire leased property to PD Residential.
G. Open Space: In the PD Residential zone, open space does not include roadways, driveways, or front/rear/side yards. The minimum required open space is twenty percent (20%). (Ord. 2010-991-O, 2-16-2010; amd. Ord. 2010-997-O, 6-15-2010; Ord. 2014-1042-O, 11-18-2014; Ord. 2015-1053-O, 9-1-2015; Ord. 2016-1069-O, 7-19-2016; Ord. 2019-1149-O, 12-3-2019; Ord. 2021-1196-O, 10- 5-2021; Ord. 2022-1205, 3-15-2022; Ord. 2023-1231-O, 4-18-2023; Ord. 2024-1251-O, 2-25-2024)
10-9-6: PDC PLANNED DEVELOPMENT COMMERCIAL ZONE:
The PDC planned development commercial zone provides for commercial development in major thoroughfares within the county. The principal use of land in this zone is to encourage economic development without distracting from the natural beauty of the area.
A. Location Of PDC Zones: PDC zones are located in developing areas of major traffic thoroughfares in the county. Land located along these thoroughfares may require PDC zoning at the discretion of the county commission if commercial use is desired.
B. Planned Development Commercial Standards:
1. Setbacks: As required in Table 1 of this chapter, unless otherwise approved by the land use authority due to the nature of the PDC and surrounding area.
2. Signs And Advertising: The requirements of the sign ordinance set forth in Title 10, Chapter 19 of this code shall apply.
3. Curbs, Gutters, And Sidewalks: Installing curbs, gutters and sidewalks may be required when the property is directly accessed by an arterial street or collector street or there are present curbs, gutters and sidewalks within three hundred feet (300'), or the development will necessitate curbs, gutters and sidewalks for pedestrian safety, ADA accessibility or to prevent soil/ground erosion.
4. Solid Waste Storage Facilities: All solid waste storage facilities shall be located at the rear of the main building or else behind a sight obscuring fence or wall which will prevent the facility from being seen from a public street.
5. Protection Of Residential Property: Where a PD commercial development adjoins any lot or parcel of ground in any residential zone, there shall be provided along the adjoining property line a solid minimum six foot (6') high masonry wall and a minimum ten foot (10') wide landscaped planting strip. For buildings or structures over fifteen feet (15') in height an additional setback shall have a one to one (1:1) ratio; in other words, each additional foot in height requires an additional one foot (1') setback from the property line. The landscape requirements shall be determined by the county community staff to make sure the buffer area adequately protects the adjoining residential property. Access to pedestrian networks, open space will still be required.
6. Landscaping: For commercial or office developments, the area between the curb and the setback line shall be landscaped, except for areas where the sidewalk extends from the curb to the front of the building, and is part of the sidewalk plan approved by the land use authority.
C. Permitted Commercial Uses: Appropriate commercial uses in this zone are shown in Table 1-10-2, or other uses as deemed similar by the land use authority.
D. Mixed Uses, i.e. Commercial, Office, Or Residential Within The Same Buildings Or On The Same Site As Other Commercial Uses: The mixed use shall be clearly secondary to the commercial use and may be mixed in a manner that is approved by the land use authority.
E. Open Space: In the PD commercial zone, open space does not include roadways, driveways, or parking lots. The minimum required open space is twenty percent (20%). (Ord. 2010-991-O, 2-16-2010; amd. Ord. 2019-1149-O, 12-3-2019)
10-9-7: PD-STR PLANNED DEVELOPMENT SHORT TERM RENTAL:
The PD-STR planned development short term rental zone provides for the hybrid commercial-residential use of all units in the zone as short term rentals. It is for new projects on lots or parcels ten acres or greater, not in an existing residential developments or subdivision. Owner occupancy of the units in the PD-STR zone is not required. Single ownership of the entire project, or individual platting of each lot, is permitted. All projects shall have a property owners' association for shared improvements. All details shall be addressed in the project plan and final plat. The final plat shall have a note indicting that short term rental, one unit on each lot, is a permitted use. Lockouts are not permitted unless included in the density calculation. PD-STR projects are not eligible for processing under county ordinance 11-3-1 which only applies to single family. two-family. or townhouses. The following minimum criteria apply:
A. Location, Access: PD-STR zones shall be located in areas with commercial roadway access in the county, and a minimum public street frontage of one hundred feet (100'). The development shall improve the entire street frontage, including public sidewalk or public trail as approved in the project plan. The PD-STR zone is an appropriate buffer zone between commercial zones and residential zones.
1. Public Streets. Installation of curb, gutter, sidewalk or trail is required when the property is accessed by or fronts an arterial or collector street, or the development will necessitate such improvements for pedestrian safety, ADA access or to prevent soil or ground erosion.
2. Private streets. If private streets are proposed, they shall have curb, gutter and sidewalk on both sides of the street. Private streets and sidewalks shall connect to public streets, sidewalks and trails. In circumstances where applicant proposes sidewalks only on one side of a private street, county, in its sole discretion, may enter into a development agreement with applicant regarding sidewalk design, with terms acceptable to the county. Applicant shall show that the planned development provides other enhanced connections to public amenities such as streets, trails or public lands.
B. Standards:
1. Area, Density: The minimum project area is ten acres. Density shall not exceed eight du/ac. Lock out units are expressly prohibited unless approved in the project plan, and all density calculations shall include any such lock out units.
2. Unit numbers: The minimum number of units in a project is fifty (50). If the project has over fifty (50) units, it shall have more than one access to a public street.
3. Setbacks:
a. Unit setback minimums: front living space fifteen feet (15'), front garage space twenty-five feet (25'), Side eight feet (8') and Rear ten feet (10').
b. Where a PD-STR project adjoins a lot or parcel zoned residential or PD residential, the project shall provide along the adjoining property line a solid minimum six foot (6') high masonry wall and a minimum ten foot (10') wide landscaped planting strip. Unit setback requirements are not included. If the STR units are eighteen feet (18') or more above grade in height, a minimum twenty-five foot (25') buffer is required. The buffer area shall adequately protect the adjoining residential property.
4. Size: Unit sizes shall be limited to the sizes approved in the project plan. The size of the units shall be appropriate for the development and compatible with surrounding zoning and uses. No unit shall exceed seven thousand (7,000) sq. ft.
5. Height: Units shall not be erected to a height less than ten feet (10')or greater than twenty-six feet (26').
6. Utilities, Easements, Private Roads: Utilities, easements or private roads that service more than one unit or lot shall be clearly described on the plat, and owned by one owner or a property owners’ association. All utilities shall be underground with transformer equipment screened from streets and adjacent properties.
7. Common Area: Ownership of all project areas (outside of individually platted lots or units) shall be designated as common or limited common areas, and one owner or property owners’ association shall be established to own and maintain the areas in perpetuity, with recorded documentation to county’s satisfaction.
8. Solid Waste: All PD-STR projects shall have solid waste storage areas in convenient locations throughout the project, serviced by private companies. Solid waste storage areas shall be screened with solid decorative masonry walls, so all materials are not visible from access streets or adjacent properties.
9. Parking: For units with four bedrooms or less, a minimum of two (2) attached covered parking spaces per unit are required. For each additional bedroom over four, one additional parking space per bedroom on the unit lot. For purposes of parking, rooms that can be used as bedrooms, even if designated as something other than a bedroom on the plans, will be counted as bedrooms. In addition, there shall be one guest parking space per three (3) units, within two hundred feet (200') of the dwelling unit they are intended to serve. In addition, there shall be one RV or trailer parking space per six units in a convenient location to the dwelling unit they are intended to serve. The RVs or trailers in common parking areas shall not be inhabited. RV or trailer parking on dwelling unit sites may count toward the RV or trailer parking requirement, in county’s sole discretion. On street parking does not count toward the parking requirements. All required parking shall be on premises. All parking shall be paved.
10. RVs or trailers shall not be inhabited while on premises except in strict compliance with this section. If utility hookups are provided on a unit lot, one RV or trailer per lot may be inhabited, but only while the hookups are utilized, and only by the short term renters of the main dwelling. The RV or trailer shall not be used by sublessees or owners separate from the renters of the main dwelling, and only on the same short term basis.
11. Turning Space: Safe and convenient turning space for cars, trailers, sewer vehicles, solid waste collection vehicles and firefighting apparatus shall be provided.
12. Signs, Advertising: One monument sign is permitted, not to exceed ten feet (10') in height and fifteen feet (15') in width. If public street frontage exceeds three hundred feet (300'), or if there are two (2) or more public street entrances to the project, one additional monument sign is permitted, not to exceed six feet (6') in height and ten feet (10')in width. Small wayfaring signs are permitted only as approved in the project plan. Lighting of monument signs is permitted, but no other electronic sign components of any type are permitted.
C. Amenities, Open Space, Landscape Areas: All projects shall have amenities, open space and landscape areas. An amenities, open space and landscape plan shall be submitted and approved as part of the project plan.
1. Amenities shall be approved by the land use authority in the project plan. The number of amenities depends on the size, density and nature of the development. The land use authority shall consider:
a. Private lot amenities, group amenities, or a mixture of private and group amenities.
b. Number of amenities:
(1) For fifty (50) to one hundred (100) units: two (2) group amenities
(2) For one hundred and one (101) to two hundred (200) units: three (3) group amenities
(3) For projects in excess of two hundred (200) units, add one (1) group amenity for each additional one hundred (100) units or fraction thereof.
c. Type of amenities:
Recreation and Enrichment Amenities
Pool - At least 400 sq. ft. |
Internal health or fitness facilities |
Secured, programmed, children’s play areas |
In-ground hot tub |
Community garden |
Perimeter trail |
Sport court |
Indoor, keyed bicycle storage for units |
Community library, office, or meeting facilities |
Exterior social area - At least 400 sq. ft. |
2. All required amenities, open space and landscaping shall be fully constructed prior to construction of fifty percent of the total project units, or in accordance with an executed development agreement with terms acceptable to the county.
3. In addition to amenities, a minimum of twenty percent of the project area shall be open space. Open space does not include roadways, driveways, front setbacks or parking areas. All required open space areas shall be accessible to the entire community. If the majority of amenities are on platted lots, the planning commission may recommend, and the county commission may approve in its sole discretion, a Planned Development - Short Term Rental project that does not have the twenty percent required open space, considering the totality of circumstances including immediately adjacent access to public lands.
4. In addition to amenities and open space, the full width of the public street frontage shall be improved and shall be maintained in landscaped area. Landscaped area also is required surrounding buildings and group amenity areas. Landscaped areas also are required in buffers to adjacent residential or PD residential zones.
D. Events: Events are permitted in the PD-STR zone. If adjacent to a residential or PD residential zone, outdoor events shall end at nine o’clock (9:00) p.m. Sunday night through Thursday night, and eleven o’clock (11:00) p.m. Friday or Saturday night.
E. Phasing Plan: Phasing is permitted only as approved in the project plan and a development agreement under terms acceptable to the county, including adequate assurance of performance.
F. Licensing:
1. No dwelling shall be rented as a STR without a valid Washington County Short Term Rental License;
2. All STR’s are required to register with the State of Utah as a business and pay all applicable taxes, including transient room tax; and
3. All other licensing requirements and enforcement provision in Title 10 chapter 13 section 23 apply.
G. Property Manager: The project or each individually platted unit shall have a local property manager who is available twenty-four (24) hours a day, seven (7) days a week and three hundred sixty-five (365) days a year. The local property manager must be able to be physically present at the STR to respond to emergencies and complaints within two (2) hours of being contacted.
H. Time Limitation: Building permits for construction within PD-STR zones shall be obtained within thirty-six (36) months of the approval of a zone change to planned development. If thirty-six (36) months elapse without the issuance of building permits for the construction of the approved plans within the planned development zone, the zone shall automatically revert back to the previous zone before the zone change to planned development was approved.
I. Additional Requirements: In addition to the PD-STR requirements, comply with the general requirements in Title 10 chapter 9. (Ord. 2022-1205, 3-15-2022; amd. Ord. 2024-1251-O, 2-25-2024)
10-9-8: APPLICATION PROCEDURES AND REQUIREMENTS:
Elements of PD project applications:
A. Concept Plan: The concept plan is reviewed by staff and the planning commission for the purpose of receiving constructive feedback and recommendations. Providing more information and details will allow for a more streamlined approval process. The concept plan shall include:
1. A narrative describing proposed development that includes the type of development density, open space, total acreage, and a description of how the development will tie into surrounding areas.
2. Exhibits showing all parcels or property to be included in the PD zone, with each land use and development type illustrated.
3. General street layout, including integration into existing street networks.
4. Exhibits depicting the general architectural styles of structures, pavilions, club houses, site furniture, monument signage or entry features.
5. Exhibits of conceptual open space design.
6. General landscaping plan.
B. Project Plan And Development Agreement:
1. The project plan will be reviewed by the land use authority concurrently with the zone change application. The project plan is the plan for the development of the entire planned development. The project plan shall identify the specific phases that the project will consist of, all proposed general circulation/transportation facilities, land uses and proposed densities, open spaces, natural site features to be preserved between phase locations. If only one phase of the project is proposed, the project must combine the requirements of the project and phase plans into one submittal. Proposed major street plans and other circulation infrastructure along major corridors, including sidewalks, must be clearly indicated on the plan. Depending upon the size and scope, the project plan may qualify as a preliminary plat if the items required by the preliminary plat approval are included. Otherwise, a separate preliminary plat will be necessary to submit. Will serve letters for all applicable utilities and all utility feasibility studies are required with the project plan prior to county commission project approval and zone change. Comply with county ordinance 10-5-3. The project plan shall consist of a professionally designed schematic plan including the layout of the development and accompanied by the appropriate written text. Three (3) copies of each graphic and written text in eleven inch by seventeen inch (11" x 17") format; one (1) color rendering of the plan on at least twenty-four inch by thirty-six inch (24" x 36") material; and a pdf version of each document must be submitted. This plan shall contain the following elements:
a. Identify the boundary of the project property.
b. Provide a delineation of phases (if applicable) and acreage associated with each phase.
c. Indicate the total project area, and also each area by the type of land use proposed to be developed.
d. Indicate proposed land uses, indicating square footage or acreage and percentage of each component of the project.
e. Indicate the number of residential and/or recreational units and/or square footage of floor area of nonresidential uses by type of use.
f. Indicate the density of uses within each land use component or phase, using units per acre for residential or recreational development, and floor area ratio for nonresidential components. For hospitality or PD-STR units indicate occupancy limits.
g. Show a proposed vehicular and pedestrian circulation plan including entrances and exits and connections to vehicular and pedestrian facilities external to the project.
h. Show existing natural features of the site including rivers, lakes, ponds, streams, wetlands, steep slopes, mature trees, and tree stands.
i. Topography shall be shown at contour intervals of two feet (2') unless otherwise exempted by the public works director.
j. Show where proposed open space will be provided, delineated by what type of open space it includes (i.e., landscaping area, natural area, trails, trailheads, adjacent public open space, site furniture, pavilion, etc.). Calculate the square footage or acreage of each different area in the written report. Include this as percentage of the total project area. Indicate any open space that may have limited accessibility such as a golf course or drainage detention basin.
k. Indicate location of landscaping as required herein, buffers, and a proposed lighting plan.
l. Typical elevations.
2. Development Agreement: A draft development agreement must be submitted with the project plan for review by planning staff and the planning commission.
C. Phase Plan: Most planned developments will consist of a project plan identifying a number of areas of the site with unique or individual land use types. Each phase shall require separate preliminary and final plat approval using the procedures set forth in title 11 for the type of use in each phase. Phase plans must be submitted with the project plan and zone change. The phase plan must be consistent with the project plan and shall meet all requirements of the subdivision ordinance for a preliminary plat.
1. Preparation Of Phase Plan: The phase plan shall be prepared by a registered land surveyor, or engineer and meet all requirements equivalent to a preliminary plat.
2. Submittal Of Phase Plan: After a phase plan is submitted and the staff has determined that all of the necessary information has been submitted, the plan shall be placed on the next available land use authority agenda to be reviewed with the project plan and zone change. If the project is to be developed in more than one phase, each phase of the development shall be submitted for separate preliminary and final plat approval.
D. Rezoning: The zone change request to the applicable PD (Planned Development) zone and required public hearing take place in conjunction with the review of the completed project plan and phase plan. The applicant shall submit a zone change application requesting a zone change to a planned development zone. The project plan shall be reviewed by staff and discussed in an informal meeting with the applicant to examine potential areas of nonconformity. Staff, upon review of the plan, will determine whether the project meets the intent of the PD zone and includes the required elements. Staff may reject the project plan and notify the applicant of any deficiencies so corrections may be made. However, should the plan meet the intent and contain the required elements, staff will accept the project plan and provide the applicant with suggestions for changes and modifications, if any, that will prepare the applicant for the submittal to the recommending body and land use authority. If the project is of such size that it is considered in one phase for subdivision, the staff will also review the project plan for conformity with the preliminary plat requirements of the subdivision ordinance. While the applicant may request more than one review of the project, one project plan review, in the form of an advertised public hearing is mandatory. For a PD zone change or PD amendment. the planning commission is the recommending body to the county commission.
1. Planning Commission Review Of The Project Plan, Development Agreement, Phase Plan, And Zoning Application: After staff officially accepts the project plan (completed application and full review by the staff) the project plan will be properly noticed for the required public hearing and will be placed on the next scheduled planning commission agenda in which the noticing requirement can be met. The planning commission will review the project plan and make a recommendation on the project plan and the rezoning of the property to the county commission. The planning commission will review the project plan to county standards and this title and will consider the following:
a. How the proposed project plan meets the purpose of a planned development;
b. The overall project density as well as the density of land use components, land use mix and percentages; and
c. General vehicular and pedestrian circulation including the location and capacity of the facilities and connections internally and externally, and open space type, amount, and location.
2. County Commission Review Of The Project Plan, Development Agreement, Phase Plan, And Zoning Application: Upon receiving a recommendation from the planning commission and before enacting an amendment to the land use ordinance (zone change), the project plan shall be presented before the county commission. Phase plans will then be developed according to the project plan of the applicant. The project plan and the zone change to a PD zone must be approved concurrently.
E. Site Plan: The site plan shows the development plan for individual building sites within a specific phase. If there is to be only one phase to the project, and all buildings are to be located on one legal parcel, a single site plan for the entire project will be permitted.
1. Site plans must meet all of the requirements for site plan review, which includes all requirements from the subdivision ordinance that may be necessary in order to properly process the request.
2. Single-family residential lots are not required to submit a site plan for land use authority review; however a site plan will be needed for a building permit. This does not apply to a PD-STR project.
3. Site plans for commercial or multi-family residential lots shall be submitted to the land use authority for individual parcels within a phase. More than one building may be contained on an individual parcel. Site plans must also contain the following items:
a. Landscape plans;
b. Location of all buildings; and
c. Typical elevations.
F. Construction Drawings And Required Studies: Following the approval of the project plan and zone change by the land use authority, the applicant shall submit two (2) sets of paper construction drawings and one (1) electronic copy (PDF) to the community development department, along with all studies and reports required by the county standard specifications for design and construction. Construction drawings and all required studies and reports will be reviewed for compliance. Once approved, three (3) finalized copies twenty-four inches by thirty-six inches (24" x 36"), one eleven inch by seventeen inch (11" x 17") and one (1) electronic copy (PDF) shall be submitted for stamp of approval.
G. Final Plat Approval: If land subdivision was required for a phase or land use area, the applicant shall submit an application for final plat approval using the criteria and procedures required under the subdivision ordinance. Final version of CC&Rs, development agreement, details and exhibits shall also be submitted at this time to allow the county to determine that there are inconsistencies with the land use ordinance.
H. Subsequent Phases: If the project is phased, each phase shall be submitted according to the same requirements as the initial phase.
I. Minor Amendments To The Project Plan: The land use authority that approved the project plan may consider approval of amendments to the project plan provided that:
1. The applicant submits a revised set of plans detailing the proposed change.
2. The change involves no more than a five percent (5%) increase in residential density.
3. Involves no more than a five percent (5%) decrease in parking allocations.
4. Involves no more than a five percent (5%) increase in nonresidential floor area.
5. Involves no more than a five percent (5%) modification to any other measurable project criteria.
6. The proposed change meets all of the requirements and provisions of this section.
7. The proposed amendments do not alter any approved site development regulations of the plan and do not materially alter other aspects of the plan, including traffic circulation, mixture of use types, or general physical layout.
8. Any proposed amendments, not conforming to these provisions shall be considered a significant change and shall be resubmitted as a PD amendment (zone change amendment) with a revised project plan and preliminary plat. Any proposed amendments which do not meet the standards or other provisions of this chapter shall first be considered by the land use authority and recommended to the county commission for either approval, modification, or denial.
J. Setback And Height Standards: The setback and height minimums and maximums listed in table 1 of this section are intended to serve as a guide to the land use authority, the county commission, and the developer in reviewing the standard requirements for development throughout the county. Realizing that a specific planned development plan may vary from these standards through innovative and creative design, the county commission, upon recommendation from the land use authority, may adopt modifications to the above specifications as they see fit in order to provide harmony within a PD zone as may be requested by the developer. Items of a life/safety nature (i.e., building separation as per fire code, and building code requirements) may not be modified. However, other elements of the plan may be approved according to the specific development plan, map, and text being considered as a part of the PD zone change approval. Modifications for one particular PD zone request do not set precedent for any other PD project. Each project shall be reviewed independently from any other project.
TABLE 1
PLANNED DEVELOPMENT ZONE DIMENSIONAL STANDARDS
PLANNED DEVELOPMENT ZONE DIMENSIONAL STANDARDS
Zoning District | ||
PDR | PDC | |
Zoning District | ||
PDR | PDC | |
Project and phase dimensions: | ||
Minimum zone size (acres) | 10 | 5 |
Base density (units/acre) | 5 | n/a |
Density bonus (units/acre) the planning commission may recommend, and the county commission may approve, a density bonus of up to 0.5 dwelling units per acre if 6.67% or more of the total DU are verifiable moderate income housing units (i.e. a 10 acre project could have 75 DU if 5 DU are deed restricted as moderate income housing units)* | 7.5 | n/a |
Base and bonus density for each overlay zone is set forth in each overlay, and the above density bonus does not apply | n/a | n/a |
Minimum open space | 20% | 20% |
Minimum/maximum landscaped area | 25% minimum of the open space must be landscaped. Up to 10% can use water intensive methods | 25% minimum of the open space must be landscaped. Up to 10% can use water intensive methods |
Lot area dimension: | ||
Building setbacks, detached residences: | ||
Front setback | 20' | – |
Side setback | 10' | – |
Street side setback | 20' | – |
Street frontage requirement | 140' | 140' |
* A verifiable moderate income housing unit (MIHU) is defined as a deed restricted unit on a form provided by the county and under terms acceptable to the County Attorney's office ensuring that the newly constructed unit remains owned by and affordable to low or moderate income households for a period of not less than 25 years. Each unit shall be owner-occupied, with a primary residential exemption as determined by the Washington County assessor's office, with no right to short term rent the unit or any portion of it. Income qualifications for a MIHU are based on federal tax returns showing that the household earns less than or equal to 80% of the area median income (AMI) in Washington County. The deed restriction shall be enforceable by the county through legal and equitable remedies. Any lender or mortgage holder shall execute a subordination agreement acknowledging subordination to the deed restriction. In the event of foreclosure or trustee's sale, the county will release the deed restriction upon reasonable request. All other sale or transfer events are subject to the deed restriction to ensure the prospective purchaser and unit remains affordable for the required time period. For a MIHU in a development with a property owner's association (POA), the MIHU shall be inside the POA for purposes of common area use, but no POA fees may be assessed or collected against the owners or units. For all MIHU, the county in its sole discretion may reduce minimum lot size or dwelling size standards, compared to others in the PDR, to promote affordability if the primary goal of having the lots and dwellings harmonize with all others is met. No garage requirements apply to a MIHU, and shared access also may be considered by the county. |
(Ord. 2010-991-O, 2-16-2010; Ord. 2019-1147-O, 9-17-2019; Ord. 2019-1149-O, 12-3-2019; Ord. 2021-1172-O, 3-16-2021; Ord. 2021-1196-O, 10-5-2021; Ord. 2022-1205, 3-15-2022; Ord. 2024-1251-O, 2-25-2024; Ord. 2025-1292-O, 5-6-2025)