West Jordan City Zoning Code

The airport overlay zones are established to provide areas around Salt Lake City Municipal 2 Airport which, in the interest of the public health, safety and general welfare of the city , promote and preserve the function and utility of airport and aircraft activities in appropriate areas. (2001 Code § 89-4-101)

Airport overlay zones are restrictive designations applied in addition to any other zone in this title. The airport overlay zones are defined and established as follows:

   A.   Clear Zone (Acl): A zone that commences at the end of and is equal to the width of the primary surface . Where the primary surface of the runway is two hundred fifty feet (250') wide, the clear zone shall expand outward uniformly to a width of four hundred fifty feet (450') at a horizontal distance of one thousand feet (1,000') from the primary surface, its centerline being the continuation of the centerline of the runway. Where the primary surface is five hundred feet (500') wide, the clear zone shall expand uniformly to a width of eight hundred feet (800') at a horizontal distance of one thousand feet (1,000') from the primary surface, its centerline being the continuation of the centerline of the runway.

   B.   Approach Zone (Aa): A zone with inner edge coinciding with and being the same dimensions as the outer clear zone boundary. Where the outer edge of the clear zone is four hundred fifty feet (450'), the approach zone shall expand outward uniformly to a width of one thousand five hundred feet (1,500') from the primary surface , its centerline being a continuation of the centerline of the runway . Where the outer edge of the clear zone is eight hundred feet (800'), the approach zone shall expand outward uniformly to a width of two thousand feet (2,000') at a horizontal distance of five thousand feet (5,000') from the primary surface, its centerline being a continuation of the centerline of the runway.

   C.   Noise Zone (An): A zone determined by the exterior boundary of the projected airport activity noise level of sixty five (65) dB .

   D.   Horizontal Zone (Ah): A zone, the perimeter of which is constructed by swinging arcs of a five thousand foot (5,000') radius from a point on the centerline and two hundred feet (200') beyond the end of each runway and connecting and adjacent arcs by lines tangent to those arcs.

   E.   Conical Zone (Ac): A zone that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of four thousand feet (4,000').

   F.   Designation: The airport overlay zones shall be designated on the zoning map by affixing the suffixes Acl, Aa, An, Ah or Ac in parentheses after the applicable zone designation, e.g., P-F (Ac).

   G.   Overlay Zones Supersede: The regulations of the airport overlay zone shall supersede the regulations of the zones to which they are attached. (2001 Code § 89-4-102; amd. 2009 Code)

   A.   Lands To Which The Zones Apply: The airport overlay zones shall be applied to all land within the airport overlay zone designated on the zoning map, as periodically amended.

   B.   Establishment Of Official Airport Overlay Map: The official airport overlay map, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this title. The official airport overlay map is based on the airport area of influence as established by Salt Lake City Corporation, owner of the Salt Lake City Municipal 2 Airport, in conjunction with the federal aviation administration, and shall be on file in the offices of the city recorder and the development services department.

   C.   Rules For Interpretation Of Airport Overlay Boundaries: Boundaries of airport overlay zones shall be determined by scaling distances on the official airport overlay map. Where interpretation is needed as to exact location of airport overlay zone boundaries, the zoning administrator shall make the necessary interpretation, subject to appeal to the LandUse Appeal Authority as provided in this title.

   D.   Warning And Disclaimer Of Liability: This article does not imply that areas outside the airport overlay boundaries or land uses permitted within the overlay zones will be free from noise or hazards related to airport activities. Therefore, this article shall not create liability on the part of the city or its officers or employees for any damages that result from reliance on this article, or any administrative decision made under this article. (2001 Code § 89-4-103; amd. 2009 Code; Ord. 19-50, 12-11-2019, Effective at 12 noon on January 6, 2020; Ord. 24-58, 12-18-2024)

Uses allowed in airport overlay zones are listed in the table below. Those uses identified as "permitted" (P) are allowed by right; provided, that they comply with all other requirements of this title. Uses identified as "conditional" (C) must be approved by the planning commission pursuant to the standards and procedures for conditional uses set forth in chapter 7, article F of this title and title 15 of this code , and shall comply with all other applicable requirements of this title. Uses not specifically listed in this section shall not be allowed in airport overlay zones.

   P   =   Permitted use

   C   =   Conditional use

 

(2001 Code § 89-4-104; amd. 2009 Code)

   A.   Special Use Provision In Acl And Aa Overlay Zones: No activities or uses shall be permitted in Acl and Aa overlay zones which will:

      1.   Direct a steady light or flashing light of white, red, green or amber color toward an aircraft engaged in a takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport other than an FAA approved navigational signal light or visual approach slope indicator (VASI).

      2.   Cause sunlight to be reflected toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport .

      3.   Generate smoke which could attract large concentrations of birds or which may otherwise affect safe navigation within this area.

      4.   Generate electrical interference that may be detrimental to the operation of an aircraft and/or airport instrumentation.

   B.   Acoustical Treatment In An Overlay Zone : Building design and construction for all hotel /motel uses in the An overlay zone shall provide for appropriate acoustical treatment to reduce noise to an acceptable level. All hotel and motel developments proposed within the An overlay zone shall submit with the project site plan construction techniques for reducing noise levels within the dwelling units to sixty five (65) decibels or less, for approval by the building official .

   C.   Height Restrictions: No tree or structural intrusion shall be permitted within the airspace created by an upward sloping plane of one foot (1') vertical for each foot horizontal:

      1.   Beginning at the end of the primary surface and continuing along the extended runway centerline, a horizontal distance of one thousand feet (1,000') in the Acl overlay zone and five thousand feet (5,000') in the Aa overlay zone.

      2.   In the Ah overlay zone , beginning at an elevation above the airport of one hundred fifty feet (150') from the transitional surface plane and extending horizontally to the inner edge of the conical zone.

      3.   In the Ah overlay zone , beginning at the periphery of the horizontal zone and extending to a height above the airport of three hundred fifty feet (350').

      4.   All developments located within the Acl, Aa and Ah overlay zones shall be required to execute an aviation easement through the Salt Lake City department of airports. This easement shall be recorded with the Salt Lake County recorder and a copy of the as recorded easement shall be provided to the city prior to any final project approvals being granted.

   D.   Area, Yard And Coverage Regulations: Except as modified by this article, all area, yard and coverage regulations shall be the same as those in the unrestricted zones provided for in this title. (2001 Code § 89-4-105; amd. 2009 Code)

   A.   As one of the oldest major arterial streets in the city , historical development along Redwood Road has resulted in a wide range of land uses and zoning designations. Since it was fully improved in 1996, Redwood Road's increased size and high traffic volume have resulted in an increased impact on properties fronting the street , especially those which have not been included within more recently approved site development or subdivisions.

   B.   Because it is in the city's interest to allow for the reasonable development of properties along Redwood Road when such uses conform with the general plan , the Redwood Road overlay zone is intended to increase development options for certain properties which front on Redwood Road. However, the overlay zone is only to be used where it can be shown that the increase in the intensity of use over that of the underlying zone is minimal, and that the use will not cause undue impacts on neighboring properties and residents or the traffic flow of Redwood Road. These issues shall be addressed during the conditional use permit review process. It is also intended that the Redwood Road overlay zone will preserve existing buildings and prevent Redwood Road from being inundated with commercial strip centers. (2001 Code § 89-4-301; amd. 2009 Code)

The Redwood Road overlay (RWO) zone applies to properties which have frontage on Redwood Road and which are not part of a residential subdivision or multi-family complex. Properties which do not front on Redwood Road may be included if: a) the property has a direct association with a property fronting on Redwood Road; and b) no portion of a main building allowed because of the overlay zone will be located more than three hundred feet (300') from Redwood Road. (2001 Code § 89-4-302; amd. 2009 Code)

   A.   Permitted: Those uses listed as permitted uses in the underlying zoning district.

   B.   Conditional:

   General Note: Any permitted or conditional alcoholic beverage uses allowed in these zones are listed in the use table in section 17-10-4, with any applicable definitions, starting with the words "alcoholic beverage," being listed in section 17-1-6.

   All conditional uses require approval by the planning commission. All uses are subject to all other applicable provisions of this title and title 15 of this code . Uses shall include those listed as conditional uses in the underlying zoning district and the following uses:

      Antiques (includes furniture, glassware, etc.).

      Apparel and accessories.

      Bakeries and doughnut shops.

      Beauty and barber services.

      Bicycles.

      Books, stationery, art and hobby supplies.

      Cameras and photographic supplies.

      Candy, nut and confectionery.

      China, glassware and metal ware.

      Dairy products.

      Day nursery, childcare centers.

      Dry goods and general merchandise (not department stores ).

      Electrical appliance repair (light).

      Electrical supplies.

      Florists.

      Fruits and vegetables.

      Gifts, novelties, etc.

      Grocery stores, convenience (not supermarkets).

      Hardware.

      Insurance agents.

      Jewelry.

      Meats and fish.

      Optical goods.

      Paper products.

      Pet sales and supplies.

      Photography services.

      Pressing, alteration and garment repair.

      Professional services, office only, except hospitals, sanatoriums, rest homes.

      Radio and TV repair.

      Radios, television and musical instruments.

      Real estate services.

      Retail trade item food.

      Sewing machines and parts.

      Shoe repair, hat cleaning.

      Tattoo and body engraving service

      Toys.

      Vacuum cleaners, parts and supplies.

      Variety stores, limited price (not department stores).

      Watch, clock, jewelry repair, engraving. (2001 Code § 89-4-303; amd. 2009 Code; Ord. 20-18, 7-29-2020; Ord. 21-31, 8-25-2021)

   A.   Building Size:

      1.   In residential districts, existing buildings may be used; provided, that all parking and site improvements are met. Medical and general office uses shall not exceed five thousand (5,000) square feet per building .

      2.   Commercial uses are limited to no more than three thousand (3,000) square feet per building , except that on P-O properties located directly opposite SC-2 or similar commercial zones, a small retail center of up to fifteen thousand (15,000) square feet may be constructed.

      3.   Existing buildings may be expanded up to limits stated in subsections A1 and A2 of this section; provided, that all setbacks, parking and site improvements can be met.

      4.   For uses that require a new building , a rezone and landuse amendment must be obtained to a designation appropriate to the proposed use.

   B.   Height: The height is the same as the underlying zone .

   C.   Access: All accesses and driveways to parking areas must be a minimum of twenty feet (20') wide.

   D.   Setbacks: The following setbacks shall apply to expansions of existing structures. All setback areas shall be landscaped and shall not be used for parking:

      1.   Commercial uses/buildings:

         a.   Front: Ten feet (10').

         b.   Side: None, except if adjacent to residential use , then ten feet (10').

         c.   Rear: Twenty feet (20').

      2.   General office /medical uses:

         a.   Front: Twenty feet (20').

         b.   Side: None, except if adjacent to a residential use , then ten feet (10').

         c.   Rear: Twenty feet (20').

   E.   Landscaping : All uses in the Redwood Road overlay zone shall comply with the provisions governing landscaping in chapter 13 of this title.

   F.   Parking And Loading: All uses in the Redwood Road overlay zone shall comply with the provisions governing off street parking in chapter 12 of this title.

   G.   Signs : All signs in the Redwood Road overlay zone shall comply with the provisions governing signs in this title and title 12 of this code . (2001 Code § 89-4-304; amd. Ord. 11-35, 11-22-2011)

The purpose of this article is to provide regulations for districts, sites and buildings designated as having significant historic character, interest or value as part of the development , heritage or cultural characteristics of the city , the state or the United States. (2001 Code § 89-4-401)

The historic preservation commission has been established to advise the city and to aid property owners in maintaining and enhancing worthwhile historical resources of the city, as provided in title 2, chapter 5 of this code . (2001 Code § 89-4-402; amd. 2009 Code)

   A.   Historic Areas: Historic areas shall be relatively large areas that are generally distinguished by, but not limited to, a common development , heritage or cultural characteristic.

      1.   The purpose of establishing historic areas is to:

         a.   Preserve buildings and related structures of historic and architectural significance.

         b.   Allow improvements to existing structures or new construction to be conducted without conflict and without eroding the scale and historic character of the neighborhood.

         c.   Preserve and enhance entryways into the historic areas through design and streetscape standards.

      2.   A historic area may contain one or more historic districts within its boundaries and may include landmark sites and buildings.

   B.   Historic Districts: Historic districts shall be generally smaller and more distinctive than historic areas. Historic districts may include landmark sites and buildings. Those areas that have been designated as historic districts are designated in the general plan .

   C.   Landmark Sites And Buildings: Landmark sites and buildings shall be distinctive individual sites that meet the criteria of this article. Designated sites and buildings shall be listed in the city historic sites list or historic landmark register. (2001 Code § 89-4-404; amd. 2009 Code)

   A.   Nomination: Any person , group, association or government agency may nominate an area, district, property, site or building to be designated as a historic area or district, or to be included in the city historic sites list or the city historical landmark register.

   B.   Submittals: To initiate review of any nomination, a completed intensive level survey, National Register of Historic Places documentation and/or any other documentation necessary to demonstrate compliance with this article shall be submitted to the historic preservation commission.

   C.   Historic Preservation Commission Review And Recommendation:

      1.   The historic preservation commission shall place properly submitted nominations on its agenda for its next scheduled meeting, provided adequate time exists for it to be properly noticed.

      2.   The historic preservation commission shall notify the nominating party and/or the property owner , in writing , fourteen (14) days prior to the meeting that the nomination will be considered. The fourteen (14) day notification period may be waived by the nominating party and property owner.

      3.   The historic preservation commission shall review the submitted documentation for completeness, accuracy and compliance with this article.

      4.   For nominations to create a historic area or district, the historic preservation commission shall make its recommendation to the planning commission. For all other nominations, the historic preservation commission shall make its recommendation directly to the city council .

   D.   Planning Commission Review And Recommendation: For any nomination to create a historic area or district, the planning commission shall review the submitted documentation and the historic preservation commission's recommendation for compliance with this article. After completing its review, the planning commission shall make a recommendation to the city council . Planning commission review and recommendation is not required for any other nominations.

   E.   City Council Review And Approval: Prior to city council action, a public hearing shall be held. Notice of the public hearing shall be published and mailed to the nominating parties and property owners at least five (5), but not more than ten (10) days, prior to the public hearing. Notification of historic area or district nominations may be made by public notice posted in a public building or in another manner consistent with statelaw . Approval of a historic area or district designation shall be by ordinance. Designation to the city historic sites list or the city historical landmark register shall be by resolution.

   F.   Notification And Recording Of Designation: Notice of the city council designation and a copy of this article shall be mailed to the owners of property affected by the designation. The city council designation shall also be entered into the city historic sites list or the city historical landmark register, whichever is applicable. The historic preservation commission shall record the historic sites list or the historic landmark register status with the county recorder.

   G.   Certificate Issued: Owners of designated historic sites may obtain a historic site certificate from the historic preservation commission. The certificate shall contain the historic name of the property, the date of designation, and signatures of the mayor and the historic preservation commission chairperson. (2009 Code; amd. Ord. 21-17, 5-26-2021)

   A.   Designation Of Historic Areas And Districts: An area, neighborhood or district may be designated as a historic area or historic district, if it has significant character, interest or value as part of the development , heritage or cultural characteristics of the city , the state or the United States, and if it meets one or more of the following categories:

      1.   Historical Significance:

         a.   It is the location of a significant event in the history of the city , the state or the United States;

         b.   It is associated in a significant way with the life of a person important in the history of the city , the state or the United States; or

         c.   It is associated in a significant way with an important aspect of the cultural, political or economic heritage of a community, the city , the state or the United States.

      2.   Architectural Significance:

         a.   It embodies the distinctive visible characteristics of an architectural style, period or a method of construction;

         b.   It is an outstanding work of a designer or builder;

         c.   It contains elements of extraordinary or unusual architectural or structural design, details, use of materials or craftsmanship; or

         d.   It portrays the environment of a group of people in an era of history characterized by a distinctive architectural style.

      3.   Historic Area Significance: Because of its prominent location, contrasts of siting, age or scale, it is an easily identifiable visual feature of the city and contributed to the distinctive quality or identity of the city.

   B.   Designation To Historic Sites List:

      1.   Any building , structure , object or site may be designated to the city historic sites list, if it meets all the following criteria:

         a.   It is located within the official boundaries of the city ;

         b.   It is at least fifty (50) years old;

         c.   It has retained its historic integrity, in that there are no major alterations or additions that have obscured or destroyed the significant historic features. Major alterations that would destroy historic integrity include, but are not limited to, changes in pitch of the main roof, enlargement or enclosure of windows on the principal facades, additions of upper stories or the removal of original upper stories, covering the exterior walls with nonhistoric materials, moving the resource from its original location to one that is dissimilar to the original, additions which significantly detract from or obscure the original form and appearance of a structure when viewed from the public way.

      2.   Alternately, if the property, building , site or object does not meet the integrity requirements outlined in subsection B1c of this section, it may still qualify for designation, if it meets one of the following requirements for exceptional significance:

         a.   It is directly associated with events of historic significance in the community;

         b.   It is closely associated with the lives of persons who were of historic importance to the community; or

         c.   It exhibits significant methods of construction or materials that were used within the historic period; and

         d.   It has been documented, in accordance with the June 1993 Utah state historic preservation office standards for intensive level surveys, or subsequent revisions, and copies of the documentation have been placed in the local and state historic preservation files.

   C.   Designation To Historic Landmark Register: Any district, building , structure , object or site may be designated to the historic landmark register, if it meets the following criteria:

      1.   Location: It is located within the official boundaries of the city ; and

      2.   National Register Listing; Alternate Criteria: It is currently listed in the National Register of Historic Places and a copy of the approved national register form has been placed in the historic preservation commission's local historic preservation files. Alternately, if a property not yet listed in the national register has retained its historic integrity, and meets at least one of the following national register criteria:

         a.   It is associated with events that have made a significant contribution to the broad patterns of our history; or

         b.   It is associated with the lives of persons significant in our past; or

         c.   It embodies the distinctive characteristics of a type, period or method of construction, represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity, whose components may lack individual distinction; or

         d.   It has yielded or may be likely to yield, information important in prehistory or history such as archeological sites; or all documentation has been done in accordance with the Utah state historic preservation office standards for intensive level surveys, using the June 1993 version, or subsequent revisions, or national register standards, and a copy of that documentation has been placed in the historic preservation commission's local historic preservation files.

      3.   Owner Approval:

         a.   Individual Properties: Each owner of the property must approve the action to designate the property to the historic landmark register by submitting its written consent to the historic preservation commission.

         b.   Historic Districts: A majority of the property owners in a proposed historic district must be in favor of the designation or at least not opposed to it. Written objections from over fifty percent (50%) of the property owners will constitute lack of approval and will halt the designation process. (2001 Code § 89-4-403; amd. 2009 Code)

   A.   LandUse Consideration: Properties designated to the historic landmark register may receive special consideration to encourage their preservation.

   B.   Building Code: In the event of rehabilitation of the property, local building officials will consider waiving certain code requirements in accordance with the international building code, or any successor provision, which deals with historic buildings .

   C.   Financial Aid: Owners of historic landmarks may seek assistance from the historic preservation commission in applying for grants or tax credits for rehabilitating their properties.

   D.   Review Exterior Work: Proposed exterior work on historic landmarks is subject to the review and approval of the historic preservation commission. The purpose of this review is to advance the preservation of historic properties. This review applies to individually designated landmark properties or any property, contributing or noncontributing, located in the landmark designated historic area or district and applies only to exterior work that requires a building permit , sign permit or demolition permit. In order to facilitate this review:

      1.   Applications for building, demolition or sign permits pertaining to historic areas, districts, sites or buildings shall be forwarded to the building inspection division of the development services department , prior to their issuance.

      2.   A building permit applicant shall file a request for a certificate of historic appropriateness with the historic preservation commission on a form furnished by the historic preservation commission.

      3.   At its next scheduled meeting, the historic preservation commission shall review the application and proposed work for compliance with the development standards and design guidelines of this article. Applicants whose proposed projects comply with the provisions of this article shall be issued a "certificate of historic appropriateness" within ten (10) days, which authorizes the issuance of the appropriate permit. Applicants whose proposed projects are found to be in noncompliance with this article shall be offered a negotiating period of sixty (60) days, during which time the historic preservation commission and applicant shall explore all options for an acceptable solution. These may include the feasibility of modifying the plans, using the historic landmark for alternative purposes, and reselling the property to another party. The historic preservation commission may extend the negotiating period an additional sixty (60) days for the purposes described above, if deemed necessary to accommodate a potential solution. If no solution has been agreed upon at the conclusion of either applicable negotiating period, the certificate of historic appropriateness will be denied and the citybuilding official shall not issue any building permit .

   E.   Certificate Issued Because of Economic Hardship:

      1.   The historic preservation commission shall approve a certificate of appropriateness for a landmark property, if the owner has presented substantial evidence demonstrating that unreasonably economic hardship will result from denial of the certificate of appropriateness.

      2.   In order to sustain a claim of unreasonable economic hardship, the historic preservation commission may require the owner to provide information demonstrating that the property is capable of producing a reasonable economic return for the owner. However, a demonstration of economic hardship by the owner shall not be based on conditions resulting from wilful or negligent acts by the owner, purchasing the property for substantially more than market value at the time of purchase, failure to perform normal maintenance and repairs, failure to diligently solicit and retain tenants, or failure to provide normal tenant improvements. (2009 Code; amd. Ord. 19-50, 12-11-2019, Effective at 12 noon on January 6, 2020)

   A.   Applicability: The development standards and design guidelines in this article shall apply to the following instances:

      1.   Rehabilitation, restoration or reconstruction of, or addition to, the exterior of any improvement which constitutes all or part of a historic area, historic district, landmark site or building .

      2.   Demolition or relocation of any improvement which is all or part of a building within a historic area, historic district, landmark site or building.

      3.   New construction within a historic area or district, upon any landmark site or on property associated with a landmark site or building .

      4.   Any signs placed on any building within a historic area or district, upon any landmark site, or on property associated with any landmark building.

      5.   Any fence , wall or major landscaping elements within a historic area or district, on a landmark site, or on a lot associated with a landmark building .

   B.   Compliance With Guidelines: Compliance with the adopted guidelines by any property owner shall be voluntary, except in cases where a contract of compliance has been executed by the owner of a building or site within a designated historic district, a landmark site or building. (2001 Code § 89-4-405; amd. 2009 Code)

The following standards and guidelines shall be used in determining the historic appropriateness of any application pertaining to historic landmark properties, including individually designated landmark properties and both contributing and noncontributing properties in landmark designated historic areas or districts:

   A.   Review: The historic preservation commission shall review each application using the criteria in this section, as supplemented by the U.S. secretary of the interior's 1990 standards for rehabilitation and guidelines for rehabilitating historic buildings , or its amended or successor provisions. If the historic preservation commission finds the application to be in substantial compliance with these provisions, it shall timely issue a certificate of appropriateness and immediately forward a copy to the development services department or its designee and the applicant.

   B.   Standards and Guidelines:

      1.   A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building , its site and environment.

      2.   The historic character of a property shall be substantially retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.

      3.   Each property shall be recognized as a physical record of its time, place and use . Changes that create a false sense of historical development , such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

      4.   Most properties change over time and those changes which have an acquired historic significance in their own right shall be retained and preserved.

      5.   Distinctive features, finishes and construction techniques or examples of craftsmanship that characterize a property shall be preserved.

      6.   Encourage and facilitate rehabilitation work, especially on the exterior and the principal facade of historic structures to facilitate preservation of existing historic features.

      7.   Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. It should avoid "dressing up" buildings by adding features based on speculation regarding historicity. Replacement of missing features shall be substantiated by documentary, physical or pictorial evidence.

      8.   Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

      9.   Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

      10.   New additions, exterior alterations or related new construction should be subordinate to the original building and shall not destroy historic materials that characterize the property. New work shall be differentiated from the old and, where practical, it should be lower in height, attached to the rear, set back along the side, and subordinate in scale and architectural detailing. New work shall be compatible with the massing, size, scale and architectural features of the old and undertaken in a method and manner that protects the historic integrity of the property and its environment.

      11.   New additions and adjacent or related new construction shall be undertaken in such a manner, that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

      12.   Avoid demolition of landmark and contributing buildings because they are a finite resource and cannot be replaced.

      13.   Provide that vacant buildings be weather and vandal proofed, in order to minimize further deterioration and the threat to public safety.

      14.   Avoid moving buildings, especially to create artificial groupings of historic buildings . If buildings must be moved, the new site should be similar to the original site and the original setback and orientation of the building on the lot should be replicated.

      15.   Provide that height, width, setback , roof shape, and the overall scale and massing of new buildings, are compatible with surrounding historic buildings and the overall streetscape.

      16.   Provide that materials on at least the primary facades should be similar to original materials on facades of surrounding historic buildings . These will usually be brick, stucco, stone or wood siding, depending on the specific characteristics of the district.

      17.   Provide that architectural details, including wood or metal trim, porches, cornices, arches, window and door features do not replicate historic features on surrounding historic buildings .

      18.   Provide that window and door openings are similar in size and orientation, vertical or horizontal, to openings on historic buildings and should take up about the same percentage of the overall facade as those on surrounding historic buildings.

      19.   Provide that the relationship of the width to the height of the principal elevations are in scale with surrounding structures and streetscape. Wider new buildings may be divided into segments that more closely resemble the facade widths of historic buildings .

      20.   Provide that the roof shape of a building is visually compatible with the surrounding structures and streetscape. Unusual roof shapes, pitches or colors are discouraged. (2009 Code; amd. Ord. 19-50, 12-11-2019, Effective at 12 noon on January 6, 2020)

   A.   Delay: When any application is made for a demolition permit for a structure within a historic area or district, or a building designated in the city historical site list or the historical landmark register, the zoning administrator may delay approval of the demolition for a period of up to thirty (30) days, to:

      1.   Allow the historic preservation commission to consider and make recommendations regarding the application;

      2.   Allow the historic preservation commission to make reasonable efforts to document its physical appearance before demolition occurs. Documentation shall include, at a minimum, exterior photographs, preferably including black and white, and of all elevations of the historic building . When possible, both exterior and interior measurements of the building will be made to provide an accurate floor plan drawing of the building;

      3.   Review the condition of the structure to determine the impact of the demolition to the neighborhood, and the technical feasibility of preserving the structure;

      4.   Make the owner aware of economic incentives available to rehabilitate historic resources; and

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

   B.   Findings: Upon findings of fact by the historic preservation commission that preserving the structure is warranted and in the best interest of the city , the permit may be delayed for an additional thirty (30) days in order to find funding or other means to compensate the applicant for purchase of the structure or for its preservation.

   C.   Extension: A third thirty (30) day delay may be instituted by the city council upon a finding from the historic preservation commission that additional time is warranted. (2001 Code § 89-4-406; amd. 2009 Code)

Properties which, in the opinion of the historic preservation commission, after review and consideration, no longer meet the criteria for eligibility, may be removed from the historic sites list and the historic landmark register. (2009 Code)

   A.   The standards, guidelines and criteria of this article are intended to:

      1.   Protect the public from flooding , erosion and other environmental hazards that may result from development of sensitive hillsides;

      2.   Minimize the threat and consequential damage of fire in hillside areas;

      3.   Preserve natural features, wildlife habitat and open land ;

      4.   Preserve public access to mountain areas and natural drainage channels;

      5.   Preserve and enhance visual and environmental quality;

      6.   Ensure an adequate transportation system in hillside areas in compliance with the transportation master plan for the city . Insofar as possible, street design should be compatible with existing topography by minimizing cuts, fills or other visible scars;

      7.   Encourage a variety of development , designs and concepts compatible with the natural terrain of hillside areas which will preserve open land and the natural landscape;

      8.   Establish landuse management criteria that will encourage protection of natural slopes while allowing a harmonious and satisfying residential environment;

      9.   Preserve and enhance the natural beauty of the city hillsides, especially sensitive hillsides that may not be suitable for development , by encouraging the preservation of natural topographic features such as drainage corridors, streams, slopes, ridgelines, rock outcroppings, vistas, natural plant formations, trees, and similar features; and

      10.   Encourage planning, design and development of building sites in a manner that provides the maximum safety and enjoyment while adapting development to and taking advantage of the best use of natural terrain.

   B.   To achieve the intent of this article, qualified professionals in each of the disciplines addressed herein must be utilized to stimulate creative designs in hillside areas that meet the purposes and standards of this article. (2001 Code § 89-4-501; amd. 2009 Code)

   A.   It shall be unlawful to grade , fill or excavate any land in any manner which presents an unreasonable risk of erosion, flooding , landslide or any other unsafe condition.

   B.   The provisions of this article shall apply to all areas within a development site , which are identified on a slope classification map as having consistent topography of ten percent (10%) or greater.

   C.   In addition to this article, development must comply with the subdivision ordinance and other chapters of this title. In the event of conflict, the more restrictive provision shall apply.

   D.   Site specific plans demonstrating compliance with this article will be required for the issuance of a building permit on any residential lot or parcel. (2001 Code § 89-4-502; amd. 2009 Code)

The following reports and plans shall be prepared at the expense of the applicant and shall be submitted as part of the preliminary subdivision or preliminary site development application and approved by the city . All reports and plans submitted herein shall be prepared by persons or firms licensed or certified to practice their specialty in the state :

   A.   Drainage And Erosion Control Plan: A drainage and erosion control plan shall be prepared by a professional engineer licensed by the state . The drainage and erosion control plan shall be drawn to a scale of fifty feet (50') or less per inch, and include street centerline data, street right of way widths, and bearings and distances of the project boundary. The plan shall be sufficient to determine the erosion control measures necessary to prevent soil loss during construction and after project completion. The plan shall include a stormwater management plan, erosion control plan, and grading details that comply with applicable provisions of the city public improvement standards, specifications and plans manual, and the land disturbance design and construction standards manual.

   B.   Grading Plan: A grading plan shall be prepared by a civil engineer, land surveyor or landscape architect licensed by the state . The grading plan shall be drawn to a scale of fifty feet (50') or less per inch, and include street centerline data, street right of way widths, and bearings and distances of the project boundary. The grading plan shall comply with applicable provisions of the city public improvement standards, specifications and plans manual, and the land disturbance design and construction standards manual, inclusive of the following information:

      1.   Grading plans shall include a slope classification map and analysis for the development site . Two (2) maps shall be prepared. The first shall represent the predevelopment slope district areas and the second shall represent postdevelopment slope district areas;

      2.   Topsoil stockpile areas shall be designated;

      3.   Access or haul road location, treatment and maintenance requirements shall be designated on the grading plan. If temporary haul roads are proposed, the plan shall include a description of the method for controlling erosion and dust during the period of the road operation and restoration of the area once hauling is completed; and

      4.   The plan shall include an analysis of the environmental effects of site development , including effects on slope stability, soil erosion, water quality, fish and wildlife, and fire hazard.

   C.   Slope Classification Map: "Slope classification map" means a colored contour map of a scale of not more than one inch equals fifty feet (1" = 50'), which classifies the nature of slope in five percent (5%) slope groupings as follows:

 

 

   D.   Revegetation Plan: For all lots or parcels which have areas with a ten percent (10%) gradient or greater, a revegetation plan shall be prepared which identifies seedbed preparation, erosion control "best management practices" (BMPs) to be used, temporary seeding efforts, permanent seeding, mulching, inlet sediment barriers and other items related to revegetation and erosion control. The revegetation plan shall include and comply with applicable provisions of the land disturbance design and construction standards manual, inclusive of the following information:

      1.   Location of existing vegetation and identification of plant species existing on the development site ;

      2.   The vegetation to be removed and the method of disposal. All areas of the development site cleared of natural vegetation in the course of construction shall be replanted with vegetation possessing erosion control characteristics at least equal to the natural vegetation which was removed;

      3.   A plant schedule listing the plant species and/or seed mixes to be used for revegetation. Revegetation species shall be the same or similar to those plants indigenous to the site;

      4.   New plantings shall be protected with mulch and fertilized in conjunction with a planting and watering schedule. Persons or firms having expertise in the practice of revegetation (i.e., licensed landscape architects or nurserymen) shall supervise the planning and installation of revegetation cover for the total development site ; and

      5.   Slope stabilization measures that will be implemented while new vegetation is being established.

   E.   Geology Report: A geology report shall be prepared by a geotechnical engineer licensed by the state . A geologic map shall accompany the report. Mapping shall reflect careful attention to the rock composition, structural elements, and surface and subsurface distribution of the earth materials exposed or inferred within both bedrock and surficial deposits. A clear distinction shall be made between observed and inferred features and/or relationships. The geology report shall contain all applicable information required by the city public improvement standards, specifications and plans manual, and the land disturbance design and construction standards manual, inclusive of the following information:

      1.   Identification of any zones of deformation with respect to active faults and other mass movements of soil and rock. No structures or off site improvements shall be built on any identified major or minor secondary faults;

      2.   Identification of anomalies of the terrain or characteristics of the geological materials which would have any potential impact upon the use of the site;

      3.   Evidence that no structures or off site improvements will be constructed on any active landslide area;

      4.   Problems associated with development on or near perched ground water and shallow ground water that must be mitigated;

      5.   Evidence that no structures will be constructed in any rock fall zone ; and

      6.   Written recommendations for construction of proposed structures or public improvements to minimize or avoid impacts of potential geologic hazards.

   F.   Soil Characteristics Report: The soil report shall be prepared by a civil engineer specializing in soil mechanics and licensed by the state , and shall be based upon adequate test borings and excavations. This report shall contain data regarding the nature, distribution and strength of soils within the project area to a minimum depth of ten feet (10'). The soil report shall contain all applicable information required by the city public improvement standards, specifications and plans manual, including, at a minimum, the following:

      1.   Unified classification of all soils encountered on the site with an estimate of their susceptibility to erosion, liquid limit, shrink-swell potential, and general suitability for development ;

      2.   A statement as to whether or not ground water was encountered in any of the test borings, at what elevation it was encountered, and an estimate of the normal highest elevation of the season high ground water table; and

      3.   The soil report shall recommend corrective actions intended to prevent damage to proposed structures and/or public improvements that may result from development on steep slopes.

   G.   Fire Protection Report: A report shall be prepared to assess fire probability and potential hazards by a person or agency qualified by training and experience. The report shall include the following:

      1.   The width and approximate location of any easement required for access of fire protection equipment;

      2.   The width and approximate location of recommended fuel breaks on the development site ;

      3.   Approval from the fire department of proposed fire protection measures; and

      4.   A letter from the fire department specifying recommended fire flows for the type and location of the development and the existing fire flow capability or the fire flow capability proposed to serve the project.

   H.   Final Site And Building Plans: For any lot or parcel with a slope greater than ten percent (10%), a final site and building plan shall be submitted with the building permit application, which shall include the following:

      1.   All property boundary measurements and dimensions;

      2.   Building setbacks;

      3.   Building envelope ;

      4.   Buffer areas;

      5.   Detailed architectural elevations of the proposed structures, showing all materials to be used on the exterior;

      6.   A landscape plan indicating tree and shrub placement and species type;

      7.   Cut and fill areas;

      8.   Retaining walls;

      9.   Undevelopable slopes; and

      10.   The present contours of the site in dashed lines and the proposed contours in solid lines, delineated at not more than two foot (2') intervals. (2001 Code § 89-4-503; amd. 2009 Code)

   A.   Sensitive Hillside Density Standards: Development sites that have an average slope of fifteen percent (15%) or greater, shall follow the density calculation and minimum lot width table below:

 

 

   B.   Calculation Of Average Slope : Average slope of a development site shall be determined by computer generated slope calculation programs using contour data found through elevation surveys. Surface values for determining average slope shall be determined at two foot (2') contour intervals.

      1.   Buildable Area : Building and accessory structures shall be located only upon those areas constituting buildable land , which area shall be fully contiguous and at least two thousand five hundred (2,500) square feet in size, and shall have a minimum dimension, both width and length, of fifty feet (50').

      2.   Building Setbacks: Location of a building or accessory structure shall be set back a minimum of ten feet (10') and an average of twenty feet (20') from a contiguous hillside slope of thirty percent (30%) or greater.

   C.   Clustering Of Building Sites: Clustering of development is recommended and may be required by the planning commission to achieve the objectives of this article. Whether proposed by an applicant or required by the planning commission, minimum lot size requirements may be reduced upon findings by the planning commission that:

      1.   The clustering proposal meets all other applicable requirements of this article and other applicable development standards;

      2.   The clustering proposal, compared with a more traditional site development plan , provides better solutions for achieving the purposes of this article by, among other things, providing more open space , preserving existing trees and vegetation coverage, and preserving sensitive environmental areas, such as stream corridors, slide areas, wetlands and steep slopes;

      3.   The clustering proposal will have no significant adverse impact on adjacent properties or development , or, if such impacts would result, the applicant has agreed to implement appropriate mitigation measures such as landscaping , screening and other design solutions to buffer and protect adjacent properties from the proposed clustered development ; and

      4.   The architecture, height, building materials, building colors and other design features of the development blend with the surrounding natural landscape and are compatible with adjacent properties or development.

   D.   Prohibition Of Development On Slopes Greater Than Thirty Percent: No development, including clearing, excavation and grading , shall be allowed on slopes greater than thirty percent (30%). Slopes greater than thirty percent (30%) shall be considered undevelopable area on the final site and building plan.

   E.   Prohibition Of Development On Designated Ridgelines:

      1.   No development shall intrude into any ridgeline protection area that has been identified and designated by the city during the development review and approval process.

      2.   For the purposes of this article, designated ridgeline protection areas shall consist of prominent ridgelines that are highly visible from public rights of way or trails, and shall include the crest of any designated hill or slope , plus the land located within one hundred feet (100') horizontally (map distance) on either side of the crest.

   F.   Maximum Impervious Cover: The maximum impervious cover allowed on a single residential lot in a standard subdivision shall be thirty five percent (35%). For planned developments and cluster subdivisions, the planning commission shall determine the maximum amount of impervious cover a development may have based upon the review and recommendation of the city planning and engineering departments.

   G.   Slope Of Usable Land : The slope of usable land shall not exceed thirty percent (30%). Land greater than thirty percent (30%) shall be either:

      1.   Dedicated as permanent open land with an open land easement granted to the city or another responsible legal entity; or

      2.   Included as part of an approved buildinglot containing the minimum usable land required by this article with an open landeasement granted to the city .

   H.   Wildfire Hazards And Tree /Vegetation Removal: In areas determined by the fire chief or designee to be highly susceptible to fire hazards, vegetation up to thirty feet (30') from the perimeter of a structure shall be selectively pruned, thinned and regularly maintained to help minimize the risk of property damage from wildfire, and to provide space for firefighting equipment and personnel. When landscaping within this thirty foot (30') fire break area, use of fire resistant plants is strongly encouraged.

   I.   Streets And Access:

      1.   The street standards and specifications of the city shall apply to all developments, except where conditions related to proper development of hillside areas necessitate altering these standards as outlined herein.

      2.   Streets shall not cross slopes between thirty percent (30%) and fifty percent (50%), unless specifically approved by the planning commission, after receiving a favorable recommendation from the city engineer. Approval shall be based on the following findings:

         a.   No alternate location for access is feasible or available;

         b.   No individual segment or increment of the street that will cross slopes between thirty percent (30%) and fifty percent (50%) exceeds one hundred feet (100') in length;

         c.   The cumulative length of individual segments or increments that will cross slopes between thirty percent (30%) and fifty percent (50%) does not exceed ten percent (10%) of the total length of the street ; and

         d.   No significant adverse visual, environmental or safety impacts will result from the crossing, either by virtue of the design and construction of the street as originally proposed, or as a result of incorporation of remedial improvements provided by the developer to mitigate such impacts.

      3.   Under no circumstances shall any street cross slopes greater than fifty percent (50%).

      4.   Streets shall, to the maximum extent feasible, follow the natural terrain.

      5.   Variations to street design standards developed to solve special hillside visual and functional problems may be presented to the planning commission and city council for consideration. Examples of such variations may be the use of split roadways or one-way streets for short sections in steeply sloped areas without intersections to avoid deep cuts or modifications of surface drainage for curb, gutter and sidewalk design. Variations to street design standards may be approved by the city council only after review of each individual application and after receiving a recommendation from the planning commission.

      6.   The developer shall dedicate to the city a slopeeasement for any cut or fill slope created by construction of a street on sensitive hillsides which is not contained within the public right of way .

      7.   Points of access shall be provided to all developed and undeveloped land for emergency firefighting equipment.

      8.   Reasonable access to canyon trails and natural washes shall be provided through developments that are located adjacent to such canyons or washes. Parking areas may be required by the planning commission at trailheads.

   J.   Drainage Corridor Protection:

      1.   Filling Or Dredging Of Waterways And Other Natural Drainage Channels: Filling or dredging of major natural drainage channels, including Barney's Wash, Barney's Creek, Bingham Creek, Clay Hollow Wash, Dry Wash and others as designated in the stormwater master plan, is prohibited without the approval of the city engineer.

      2.   Pedestrian Or Vehicular Crossings Of Drainage Corridors: Where either pedestrian or vehicular access over a watercourse, gully, stream bed or stormwater runoff channel is found to be necessary or desirable, a bridge or other approved structure as approved by the city engineer shall be constructed. Bridges or other structures crossing watercourses, gullies, stream beds or stormwater runoff channels shall be designed to minimize impacts on these natural drainage corridors.

      3.   Minimum Setbacks: All buildings, accessory structures, leach fields and parking lots shall be set back at least one hundred feet (100') from the top of bank of watercourses, gullies or stream beds.

      4.   Preservation Of Vegetation: All existing vegetation within drainage corridors shall be preserved and, where necessary to provide adequate screening or to repair damaged riparian areas, supplemented with additional native or adapted planting.

   K.   Responsibility For Construction And Maintenance Of Improvements: The developer or the owner , in the case of single-family and two-family dwellings, shall be fully responsible for making all improvements in accordance with approved plans. The property owner shall be responsible for maintaining all improvements made in accordance with the site development approval. (2001 Code § 89-4-504; amd. 2009 Code)

The developer or lotowner may be required to guarantee the completion of revegetation projects, the stabilization of grading sites, construction of stormwater runoff facilities, and other requirements of this article, by submitting to the city a bond in a form acceptable to the city attorney. If such bond is required, it shall be calculated and administered as set forth in title 8, chapter 3, article C of this code . (2001 Code § 89-4-505)

   A.   Areas of special flood hazard in the city are subject to periodic flooding that may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard that increase flood elevations and velocities. Buildings and structures that are inadequately floodproofed, anchored, elevated, or otherwise protected from flood damage, also contribute to the flood loss.

   B.   It is the purpose of this article to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by establishing provisions designed to:

      1.   Protect human life and health;

      2.   Minimize expenditure of public money for costly flood control projects;

      3.   Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

      4.   Minimize prolonged business interruptions;

      5.   Minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

      6.   Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

      7.   Ensure that potential buyers are notified that property is in an area of special flood hazard ; and

      8.   Ensure that persons who occupy the areas of special flood hazard assume responsibility for their actions.

   C.   To accomplish its purpose, this article includes methods and provisions for:

      1.   Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

      2.   Requiring that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction;

      3.   Controlling the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel floodwaters;

      4.   Controlling filling, grading , dredging and other development that may increase flood damage; and

      5.   Preventing or regulating the construction of flood barriers, which will unnaturally divert floodwaters or which may increase flood hazards in other areas. (2001 Code § 89-4-601)

The floodplain overlay zone (F-P) is a restrictive designation applied in addition to any other zone in this title. The floodplain overlay zone shall consist of the areas of special flood hazard identified by the federal emergency management agency (FEMA) on current flood insurance rate maps (FIRM). The floodplain overlay zone shall be designated on the zoning map by affixing the suffix "F-P" in parentheses after any zone designation, e.g., R-1-10 (F-P). The regulations of the floodplain overlay zone shall supersede the regulations of the zones to which they are attached. (2001 Code § 89-4-602; amd. 2009 Code)

This article applies to all developments within the city in the F-P zone . No structure or land shall hereafter be constructed, located, extended or altered without full compliance with this article and other applicable regulations. This article is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this article and another ordinance, easement , covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. The provisions of this article shall be considered minimum requirements, liberally construed in favor of the city, and deemed neither to limit nor repeal any other powers granted under statelaw . (2001 Code § 89-4-603; amd. 2009 Code)

   A.   Lands To Which The F-P Zone Applies: The F-P zone shall be applied to all lands within the jurisdiction of the city shown on the FIRM maps as being located within the boundaries of an area of special flood hazard .

   B.   Adoption Of Official Floodplain Overlay Maps: The FIRM maps and all explanatory matter thereon, on file in the offices of the city recorder and the development services department , and any revisions thereto, are hereby adopted by reference as the official floodplain overlay maps for the city and declared to be a part of this article.

   C.   Rules For Interpretation Of Floodplain Boundaries: Scaling distances on the official floodplain map shall determine the boundaries of the floodplain. When interpretation is needed as to the exact location of the boundaries of the floodplain (for example, where a conflict exists between a mapped boundary and actual field conditions) the zoning administrator shall make the necessary interpretation, subject to appeal to the LandUse Appeal Authority as provided in this code . The Land Use Appeal Authority shall use the floodplain information reports as a guide in interpreting boundaries. (2001 Code § 89-4-604; amd. 2009 Code; Ord. 10-07, 2-2-2010; Ord. 19-50, 12-11-2019, Effective at 12 noon on January 6, 2020; Ord. 24-58, 12-18-2024)

The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on engineering and scientific evaluation. More extensive flooding may occur on rare occasions or flood elevations may increase due to manmade or natural causes, such as ice jams and bridge openings restricted by debris. This article shall not be construed to imply that land outside areas of special flood hazard or land uses permitted within such areas will be free from flooding or flood damage. This article shall not create liability on the part of the city or its officers or employees, or FEMA, for any flood damage resulting from reliance on this article or any administrative decision made under this article. (2001 Code § 89-4-605; amd. 2009 Code)

   A.   Administrator Appointed: The city engineer is hereby appointed to administer this article by granting or denying development permit applications in accordance with its provisions.

   B.   Duties: The duties of the floodplain administrator shall include, but are not limited to, the following:

      1.   Review all development permits to determine if the floodplain management requirements of this article have been satisfied;

      2.   Review all development permit applications to determine if all necessary permits have been obtained from federal, state , or local governmental agencies from which prior approval is required;

      3.   Review all development permits to determine if proposed development may adversely affect the flood carrying capacity of the areas of special flood hazard. The term "adversely affect" means damage to adjacent property due to increased flood elevation attributed to physical changes to the floodway and adjacent over bank areas.

         a.   If there is no adverse effect and the development is not a building , then the permit shall be granted without further consideration.

         b.   If there will be an adverse effect, technical justification for the proposed development shall be required. The technical justification may be the written opinion of a registered professional engineer stating that the proposed development will not adversely affect adjacent properties.

         c.   If the proposed development is a building , this article shall apply;

      4.   Obtain, review and reasonably utilize any base flood elevation data available from a federal, state , or other source, if base flood elevation data has not been provided;

      5.   Obtain and record the actual elevation (in relation to mean sea level ) of the lowest floor (including basement ) of all new or substantially improved structures, whether or not the structure contains a basement;

      6.   For all new or substantially improved floodproofed structures:

         a.   Verify and record the actual elevation (in relation to mean sea level ) to which the structure has been floodproofed; and

         b.   Maintain floodproofing certifications required by this article;

      7.   Maintain for public inspection all records pertaining to the provisions of this article;

      8.   Notify adjacent communities and the flood control division of the county prior to any alteration or relocation of a watercourse and submit evidence of such notification to FEMA through the state NFIP coordinator;

      9.   Require that maintenance be provided within the altered or relocated portion of the watercourse so that the flood carrying capacity is not diminished;

      10.   Make interpretations where needed, as to the exact boundaries of areas of special flood hazard;

      11.   When a regulatory floodway has not been designated, the floodplain administrator must require that no new construction , substantial improvements, or other development (including fill ) shall be permitted within areas of special flood hazard (SFHA) zone AE on the city's FIRM , unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot (1') at any point within the city ; and

      12.   Under the provisions of 44 CFR chapter 1, section 65.12, of the national flood insurance program regulations, the floodplain administrator may approve certain development in SFHA zones AE and AH, on the city's FIRM which will not increase the water surface elevation of the base flood at any point within the city . (2001 Code § 89-4-606; amd. 2009 Code; Ord. 10-07, 2-2-2010)

   A.   Permitted: Permitted uses in the F-P zone are the same as those permitted in the zone with which it is combined.

   B.   Conditional: Those uses requiring the issuance of a conditional use permit prior to their establishment shall be the same as those uses requiring such permit in the provisions of the underlying zone with which the F-P zone has been combined, including all uses involving the construction or erection of permanent structures or placement of fill materials. To obtain a conditional use permit within an F-P zone, the following standards shall be met:

      1.   The proposal satisfies the purpose of the F-P zone .

      2.   New construction or substantial improvements to existing structures within a floodplain (including prefabricated and mobile homes) will:

         a.   Be protected against flood damage;

         b.   Be designed (or modified) and anchored to prevent flotation, collapse or lateral movement of the structure ; and

         c.   Utilize construction methods and practices and materials that will minimize flood damage.

      3.   The project will be provided with water supply systems and/or sanitary sewage systems designed to minimize or eliminate:

         a.   Infiltration of floodwaters into the system;

         b.   Discharge from the system into floodwater; and

         c.   The impairment or contamination of on site waste disposal systems during flooding .

      4.   New construction or substantial improvements of existing structures in the areas of special flood hazard will have the lowest floor (including basements) elevated to or above the level of the 100-year flood , or, if nonresidential, will be floodproofed to the standards set forth in this article.

      5.   No structure , earth fill or other surface obstruction to water flow, except bridges or flood control devices, will be closer than one hundred feet (100') to the bank of the Jordan River, or within a designated water passage area (regulatory floodway ) within the established floodplain .

      6.   Any activity approved by virtue of a conditional use permit will not permit any fill or encroachments within the designated floodway that would impair its ability to carry and discharge water resulting from a 100-year flood , except where the effect on flood heights is fully offset by stream improvements.

      7.   The following relevant factors will be considered in reviewing each application:

         a.   The danger to life and property due to flooding or erosion damage;

         b.   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner ;

         c.   The danger that materials may be swept onto other lands to the injury of others;

         d.   The compatibility of the proposed use with existing and anticipated development ;

         e.   The safety of access to the property in times of flood for ordinary and emergency vehicles;

         f.   The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems;

         g.   The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;

         h.   The necessity to the facility of a waterfront location, where applicable;

         i.   The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use ;

         j.   The relationship of the proposed use to the comprehensive plan for that area. (2001 Code § 89-4-607; amd. 2009 Code; Ord. 10-07, 2-2-2010)

   A.   Permit Required: A development permit shall be obtained before construction or development begins within any area of special flood hazard .

   B.   Application: Application for a development permit shall be made on forms furnished by the city and may include, but not be limited to:

      1.   Plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question;

      2.   Existing or proposed structures, fill , storage of materials, drainage facilities, and the location of the foregoing;

      3.   Elevation, in relation to mean sea level , of the lowest floor (including basement ) of all structures;

      4.   Elevation in relation to mean sea level to which any structure has been floodproofed;

      5.   Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure comply with the floodproofing criteria in section 13-6E-9 of this article; and

      6.   Description of the extent to which any watercourse will be altered or relocated as a result of proposed development . (2001 Code § 89-6-608; amd. 2009 Code)

All new construction and substantial improvements shall be constructed using methods, materials, and practices that minimize flood damage.

   A.   Areas of Special Flood Hazard: In all areas of special flood hazard where base flood elevation data have been provided, the following standards shall apply:

      1.   New construction and substantial improvement of any residential structure , and placement of manufactured homes, shall have the lowest floor , including basement , elevated above the base flood elevation.

      2.   New construction and substantial improvement of any commercial , industrial or other nonresidential structure shall either have the lowest floor , including basement , elevated above the base flood elevation; or, together with attendant utility and sanitary facilities, shall:

         a.   Be floodproofed so that the structure is watertight below the base flood level with walls substantially impermeable to the passage of water;

         b.   Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

         c.   Be certified by a registered professional engineer or architect that the standards of this section are satisfied. Such certifications shall be provided to the city administrator or designee.

   B.   Buildings Or Structures: Buildings or structures shall have a low flood damage potential and if permitted shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of floodwaters. So far as practicable, buildings or structures shall be placed approximately on the same flood flow lines as those of adjoining structures. Whenever possible, buildings or structures shall be constructed with longitudinal axis parallel to the direction of flood flow.

   C.   Structural Storage Facilities: Any structural storage facilities for chemicals, explosives, buoyant materials, flammable liquids, or other toxic materials which could be hazardous to public health, safety and welfare shall be located so as to ensure that the facilities are situated above the base flood elevation or adequately floodproofed to prevent flotation of storage containers or damage to storage containers which could result in the escape of toxic materials into floodwater.

   D.   Flood Protection Standards: Commercial buildings and structures located with any floor (including basement floor) at an elevation equal to or below the regulatory flood level within a designated floodplain shall conform to the following flood protection standards:

      1.   Buildings or structures shall be firmly anchored and mass or weight shall be added to prevent flotation.

      2.   Service facilities such as heating and air conditioning equipment shall be constructed at or above the base flood elevation or shall be floodproofed.

      3.   Walls shall be reinforced to resist water pressures.

      4.   Paints, membranes or mortars shall be used to reduce seepage of water through walls.

      5.   Construction of water supply and waste treatment systems shall be designed to prevent the entrance of floodwaters.

      6.   Buildings and structures shall be constructed to resist rupture or collapse caused by water pressure or floating debris.

      7.   Valves or controls shall be installed on sanitary sewer and storm drains to permit the drains to be closed to prevent backup of sewage and stormwaters into buildings or structures. Gravity drainage in basements may be eliminated by mechanical devices.

      8.   All electrical equipment, circuits and installed electrical appliances shall be located and installed in a manner which will ensure that they are not subject to flooding .

   E.   Anchoring: All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure .

   F.   Manufactured Homes: All manufactured homes shall be installed using methods and practices that minimize flood damage. Methods of anchoring may include, but are not limited to, over the top and frame ties to ground anchors. This requirement is in addition to applicable anchoring requirements for resisting wind forces. All manufactured homes that are placed or substantially improved in the R-M zone (residential, mobile home ) shall be elevated and adequately anchored on a permanent foundation such that the lowest floor of the manufactured home is a minimum of one foot (1') above the base flood elevation.

   G.   Enclosures: New construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles , building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

      1.   A minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

      2.   The bottom of all openings shall be no higher than one foot (1') above grade .

      3.   Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

   H.   Recreational Vehicles : Require that recreational vehicles placed on sites within zones A1-30, AH, and AE on the community's FIRM either:

      1.   Be on the site for fewer than one hundred eighty (180) consecutive days,

      2.   Be fully licensed and ready for highway use , or

      3.   Meet the floodplaindevelopment permit requirements and the elevation and anchoring requirements for "manufactured homes" in this title. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. (2001 Code § 89-4-609; amd. 2009 Code; Ord. 10-07, 2-2-2010; Ord. 19-50, 12-11-2019, Effective at 12 noon on January 6, 2020)

   A.   The LandUse Appeal Authority shall hear and render judgments on requests for variances from the requirements of this title.

   B.   The LandUse Appeal Authority shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the city engineer in the enforcement or administration of this article.

   C.   Any person or persons aggrieved by the decision of the Land Use Appeal Authority with respect to an F-P zone , may appeal such decision to the district court on the record developed by the Land Use Appeal Authority, and not de novo.

   D.   The city engineer shall maintain a record of all actions involving an appeal and shall report variances to the state and/or federal emergency management agency upon request.

   E.   Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the national register of historic places or on the state's corollary listing, without regard to the procedures set forth in the remainder of this section.

   F.   Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in subsection 13-6E-7B7 of this article have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.

   G.   Upon consideration of the factors noted above and the intent of this article, the LandUse Appeal Authority may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this article.

   H.   Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

   I.   Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

   J.   Prerequisites For Granting Variances:

      1.   Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

      2.   Variances shall only be issued upon:

         a.   Showing a good and sufficient cause;

         b.   A determination that failure to grant the variance would result in exceptional hardship to the applicant, and

         c.   A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with other provisions of this code or state or federal law .

      3.   Any application to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

   K.   Variances may be allowed by the LandUse Appeal Authority for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:

      1.   The floodplaindevelopmentvariance criteria provided in this title are met, and

      2.   The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. (Ord. 10-07, 2-2-2010; amd. Ord. 19-50, 12-11-2019, Effective at 12 noon on January 6, 2020; Ord. 24-58, 12-18-2024)

Encroachments, including fill , new construction , substantial improvement , placement of manufactured homes, and other developments are prohibited unless certification by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (2001 Code § 89-4-609; 2009 Code § 8-12-6; amd. Ord. 10-07, 2-2-2010)

Development , grading and construction activity shall be in conformance with the city ordinances, master plans and the public improvement standards, specifications and plans. (2001 Code § 89-4-609; amd. 2009 Code § 8-12-1; Ord. 10-30, 10-13-2010)

Fill shall not be deposited in a floodway unless approved by the city . Any proposed fill must be shown to have some beneficial purpose. The amount of fill shall not be greater than is necessary to achieve that purpose. A person or entity proposing such fill shall submit to the city a plan showing the uses to which the filled land will be put and the final dimensions of the proposed area to be filled. Fill areas shall be protected against erosion by riprap, vegetation cover, or bulkheads. (2001 Code § 89-4-609; amd. 2009 Code § 8-12-2; Ord. 10-30, 10-13-2010)

   A.   Water Supply Systems: All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

   B.   Sanitary Sewage Systems: New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.

   C.   Waste Disposal Systems: On site waste disposal systems shall be located to avoid their impairment or contamination from them during flooding . (2001 Code § 89-4-609; § 8-12-4; amd. Ord. 10-30, 10-13-2010)

Base flood elevation data shall be provided for subdivision proposals and other proposed developments that contain two (2) or more lots. All proposals shall:

   A.   Be consistent with the need to minimize flood damage.

   B.   Have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize potential flood damage.

   C.   Have adequate drainage provided to reduce exposure to flood damage. (2001 Code § 89-4-609; amd. 2009 Code § 8-12-5; Ord. 10-30, 10-13-2010)

The purpose of the drinking water source protection overlay zones (“DWSPO”) is to protect, preserve and maintain existing and potential public drinking water sources, and to safeguard the health, safety and welfare of city residents and visitors. The intent is to establish and designate drinking water source protection zones and ground water recharge areas for all sources of public drinking water within city boundaries and jurisdiction, and to regulate landuse within identified areas where ground water is or could be affected by the use. This shall be accomplished by the designation and regulation of property uses and conditions that may be maintained within such zones or areas. The degree of protection afforded by this article is considered adequate for regulatory purposes. This article does not ensure that public drinking water sources will not be subject to accidental or intentional contamination. This article does not create liability on the part of the city, or its officers or employees, for any damages to the public water supplies from reliance on this article, nor any administrative order made thereunder. (2001 Code § 89-4-701; amd. 2009 Code; Ord. 21-40, 12-15-2021)

Terms that are defined in section 9-7A-3 of this code shall have the same meaning when used in this article. (2001 Code § 89-4-702)

The drinking water source protection overlay zones are restrictive designations applied in addition to any other zone in this title. The drinking water source protection overlay zones shall consist of the areas designated on the recharge area map of the USGS and drinking water source protection zone map, as amended. (2001 Code § 89-4-703; amd. 2009 Code; Ord. 21-40, 12-15-2021)

   A.   Unless otherwise specified, this article applies to handling, movement and storage of potentially hazardous materials, and any development , development activity , landuse or development project authorized by this title, including, but not limited to, subdivisions, site plans and building permits and business licensing.

   B.   This article applies to all business activities, land uses and developments within the city in the drinking water source protection zones. No structure or land shall hereafter be constructed, located, extended or altered without full compliance with this article and other applicable regulations. This article is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this article and another ordinance, easement , covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. The provisions of this article shall be considered minimum requirements, liberally construed in favor of the city and water protection, and deemed neither to limit nor repeal any other powers granted under statelaw . (2001 Code § 89-4-704; amd. 2009 Code; Ord. 21-40, 12-15-2021)

   A.   Designation: The following recharge areas and protection zones are hereby designated within the city :

      1.   Primary recharge area, as determined by the USGS.

      2.   Secondary recharge, as determined by the USGS.

      3.   Protection zone 1 shall be the area within a one hundred foot (100') radius from the well or margin of the collection area.

      4.   Protection zone 2 shall be the area within a two hundred fifty (250) day groundwater TOT to the margin of the collection area, the boundary of the aquifer which supplies water to the groundwater source, or the groundwater divide, whichever is closer.

      5.   Protection zone 3 shall be the area within a three (3) year groundwater TOT to the margin of the collection area, the boundary of the aquifer which supplies water to the groundwater source, or the groundwater divide, whichever is closer.

      6.   Protection zone 4 shall be the area within a fifteen (15) year groundwater TOT to the margin of the collection area, the boundary of the aquifer which supplies water to the groundwater source, or the groundwater divide, whichever is closer.

   B.   Determining Location: In determining the location of properties and facilities within the recharge areas and protection zones depicted on the recharge area and protection zone map, the following rules shall apply:

      1.   Property located wholly or partially in a single recharge area or a protection zone on the recharge area and protection zone map shall be governed by the restrictions applicable to that recharge area or protection zone; and

      2.   Properties located within more than one recharge area or protection zone as shown on the recharge area and protection zone map shall be governed by the restrictions applicable to the most restrictive protection zone. (2001 Code § 89-4-705)

The extent of the recharge areas and the protection zones may be seen on the recharge area and protection zone map, completed December 14, 2020, as part of the city drinking water source protection management program manuals, as amended, and is incorporated and made a part of this article. This map shall be on file with the city and shall be maintained by the city and public water systems whose groundwater resources lie within the city boundaries and jurisdiction. Amendments, additions or deletions to this map may be made by the city and/or the public water system by approval of the city council , after receiving a recommendation from the Planning Commission. (2001 Code § 89-4-706; amd. Ord. 21-40, 12-15-2021)

The recharge area and protection zone map shall be reviewed as deemed necessary by the city . The basis for updating the map may include, but is not limited to, the following:

   A.   Changes in technical or scientific knowledge in the areas of geohydrology, hydraulics and geology.

   B.   Changes in well field configuration.

   C.   Changes in pumping rates for the well field.

   D.   Development of new wells, well fields and/or springs.

   E.   Changes in water quality. (2001 Code § 89-4-707)

   A.   Permitted Uses: Permitted uses in the drinking water source protection zone are the same as those permitted in the underlying zone unless modified in the table below. Those uses identified as "permitted" (P) are allowed, provided they comply with all requirements of this article, this title and title 9 of this code , and provided best management practices are implemented.

   B.   Conditional Uses: "Conditional uses" (C) must be approved by the planning commission pursuant to chapter 7, article E of this title and title 15 of this code , and they must comply with all requirements of this title, title 9 of this code, and reasonable conditions adopted by the planning commission.

      1.   Conditional uses are subject to best management practices which shall be considered a minimum condition of the conditional use permit .

      2.   The planning commission may not approve a conditional use permit request pertaining to this section without the city's water division first providing a positive recommendation, based in part upon a finding that best management practices have been implemented.

      3.   The statedivision of drinking water quality shall review all conditional use requests pertaining to this section.

   C.   Prohibited Uses: Uses identified as neither "permitted" nor "conditional" shall not be allowed in the zone . Notwithstanding the provisions of this article, the use and storage of regulated substances in amounts meeting or exceeding the "reportable quantity" shall be prohibited as set forth in section 9-7B-1 of this code , or its successor provision.

 

 

   D.   Underground Storage Tanks:

      1.   Before the planning commission approves a conditional use permit for underground storage tanks and associated piping and distribution appurtenances in any DWSPO zone , the owner shall provide:

         a.   Documentation of existing geologic and hydrogeologic conditions at and beneath the proposed site of development . This shall include, at a minimum, soil and rock formation types, thicknesses and depths; depth to water table, to potable water, and to the city well production zone ; groundwater flow directions and gradient; and any geologic structural or hydraulic barriers between the proposed tank locations and the city well production zone. If available, the owner may obtain this information from existing reports or data, or s/he may obtain the services of a registered geologist to procure the data. This may require installation of one or more boreholes or test wells; and

         b.   Engineering plans that show the type of tanks to be installed, the method of installation, distribution methods, filling mechanisms, and that the tanks meet the following minimum requirements:

            (1)   The tanks shall meet or exceed all applicable federal, state , and local requirements, including, but not limited to, state department of environmental response and remediation rules and regulations;

            (2)   The tanks and piping shall be of noncorrosive double walled material;

            (3)   Leak detection alarms shall be required for both tanks and piping;

            (4)   In addition to the non-corrosive double wall construction of the tanks, all tanks shall be installed and surrounded with an impermeable liner in the excavation area approved by the city's water division . All Tanks shall be equipped with local and remote leak detection alarm systems;

            (5)   An operation and maintenance plan shall be required for all tanks and piping and shall include a visual inspection program. Visual inspection and maintenance shall be required at least monthly;

            (6)   Monitoring and alarm equipment shall be inspected and tested at intervals not to exceed three (3) months;

            (7)   All state and local tank and piping testing and monitoring requirements shall be strictly adhered to;

            (8)   The plans shall be prepared and stamped by a licensed engineer; and

            (9)   Tank installation shall meet or exceed the requirements of the international building code, international fire code and the Underwriters Laboratories, as applicable; and

         c.   A properly completed spill protection, control and countermeasure (SPCC) plan with the engineering plan. The SPCC plan shall include provisions for response to both surface and underground fuel spills and releases. The SPCC plan shall be certified by a licensed engineer.

      2.   A conditional use permit for underground storage tanks and associated piping and distribution appurtenances in protection zone 2 shall be prohibited, unless the proposed owner /installer demonstrates that there is no reasonable alternative zone in which the tanks can be installed. (2001 Code § 89-4-708; amd. 2009 Code; Ord. 11-35, 11-22-2011; Ord. 21-40, 12-15-2021)

All development plans that lie within the primary recharge area shall be reviewed by a geologist or hydrogeologist who has demonstrated expertise in the assessment of recharge rates. Any development that will result in a loss of the beneficial use of groundwater or that may have an adverse or negative effect upon local groundwater quality shall be rejected. Plans that are rejected may be revised by the developer and resubmitted to the city for subsequent review by a registered geologist. Developments that do not lie within either the primary or secondary recharge area may proceed with the development plan processing requirements of the city. (2001 Code § 89-4-709)

   A.   The transit station overlay district (TSOD) is established to promote transit oriented development in areas that are generally located within an approximate one-fourth (1/4) mile of light rail transit stations or cross town satellite hubs for bus/trolley rapid transit.

   B.   The TSOD district consists of six (6) different transit community station types located strategically at light rail or fast rapid transit stops throughout the city . The transit community stations are established to promote and share a number of transit oriented development concepts, but also have their own emphasis on specific uses allowed within each station planning area based on its location in the city. The uses are classified separately based on intensity of use and the existing zoning in the area. The overlay districts are intended to work as an incentive to create clustered, mixed use and pedestrian friendly neighborhoods and working environments. The objectives of the overlay district are to:

      1.   Permit and support higher development densities to encourage the utilization of mass transit, and alternative modes of transportation other than the automobile.

      2.   Allow for mixed land uses which contain a flexible arrangement of residential, commercial and mixed use developments, while adopting detailed urban development standards to ensure compatibility between the uses and pedestrian activity.

      3.   Minimize distances between destinations by providing for a number of conveniences and uses, which are compatible with one another, and which are within an approximate one-fourth (1/4) mile walking distance of each other (i.e., home to office , home to retail service, or office to retail service).

      4.   Promote pedestrian friendly design and architectural structuring that encourages walking and bicycling.

      5.   Reduce transportation spending and increase housing affordability through the lessening of transportation development and maintenance costs.

      6.   Increase incentives for developers from less money and land spent on parking and road installation and maintenance costs.

      7.   Decrease auto dependency by providing alternative methods of transportation, and provide planning methods which take into consideration those who cannot drive or afford an automobile.

      8.   Create and enhance cultural use areas that promote neighborhood and local social activities.

      9.   Integrate open spaces, plazas, courtyards and pocket parks, and connect these areas to all other uses in the station district.

      10.   Provide for a development plan that has economic viability, where the city will benefit from the project as a whole in the form of tax increments, private investment and the creation of new jobs.

      11.   Allow for greater flexibility in street and road infrastructure features that distinguish the area as unique, create a distinctive ambiance to the development , and reduce maintenance costs through reduced parking and right of way widths. (2001 Code § 89-4-801; amd. 2009 Code)

The TSOD applies standards in addition to and different from the established standards of the underlying zoning district in this title. The TSOD is designated on the zoning map by affixing the suffix "TSOD" in parenthesis after the underlying zoning district in which the overlay is located, i.e., SC-2 (TSOD). The TSOD regulations and standards supersede the regulations and standards of the underlying zoning district. (2001 Code § 89-4-802; amd. 2009 Code; Ord. 10-20, 7-28-2010)

The six (6) transit community station types are:

   A.   West Jordan City Center Station Community: The West Jordan city center station community, when developed, will contain a mix of compact but compatible uses. The multiple uses in this station community consist primarily of multi-family , commercial , retail , office , municipal, entertainment and mixed uses. The highest development densities shall be allowed within this station community and all land uses are to be pedestrian oriented and well connected to open spaces, parks, plazas and social gathering areas. A large multitransit station hub is envisioned for this station community.

   B.   Jordan Valley Community: The Jordan Valley community is intended to be a mixed use development of residential, commercial , office , retail and recreational uses. High development densities shall be allowed within this station community, with a primary focus on high density residential being supported by a nonresidential mix of uses. It is essential that the transit station be easily accessible by all proposed development through well designed walkways within this community. All land uses are to be pedestrian oriented and well connected to open spaces, parks, plazas and social gathering areas.

   C.   Gardner Village Station Community: The intent of this station community is to provide easy and convenient access to existing commercialretail services and restaurants and to serve as a commencement point for recreational activities at the adjacent trailhead for the Jordan River Parkway. Land uses shall contain a mix of retail services and various types of medium to high density residential uses within an easy walking distance to the proposed transit station . Land uses in this station community need not be entirely supportive of each other. However, the multiple uses must link to a pedestrian network of trails and sidewalks and to the transit station.

   D.   Residential Station Community: The prevailing use in the residential station community areas is single-family residential. The intent of the residential station community is to provide walkable access to and from the proposed transit station for the existing residential neighborhoods. Nonresidential uses need not be provided nor are they necessary within this community station. A pedestrian walkway network shall be installed that will support transit ridership in the immediate vicinity. A park and ride lot shall be provided near each station for residents who live in the vicinity who may wish to travel by alternative methods.

   E.   Bagley Station Community: The Bagley station community is intended to serve the light industrial work force in and around the southwestern portion of the city . Transit riders served by this transit station will primarily be going to or coming from work. It will be necessary to serve the area with improved pedestrian network systems for safe walking, and it will be vital for this station to accommodate a park and ride lot and bus station. It may also benefit some of the large businesses in the area to serve their transit riders with shuttles.

   F.   5600 West BRT Station Communities: There is a possibility that the city will be served by bus rapid transit or trolley in the future. This alternative method of transit could allow the city to develop small pockets of transit oriented type uses at major transit stop sites. These stations would primarily be mixed use with an approximate overlay of one- fourth (1/4) mile radius around the proposed BRT stop sites located at: 5600 West Old Bingham Highway, 5600 West 9000 South, and 5600 West 7800 South. Uses in these stations shall contain a mix of compacted but compatible uses with an emphasis of high density multi-family and moderate community commercial uses. Pedestrian safety will be a key component of these transit stations. Design of this station community shall be pedestrian friendly where transit commuters and shoppers do not have to compete with the automobile. A park and ride facility or parking structure should be placed within a reasonable distance of a proposed transit station in this community. (2001 Code § 89-4-803; amd. 2009 Code; Ord. 10-20, 7-28-2010)

General Note: Any permitted or conditional alcoholic beverage uses allowed in these zones are listed in the use table in section 17-10-4, with any applicable definitions, starting with the words "alcoholic beverage," being listed in section 17-1-6.

Permitted and conditional uses are the same as those in the underlying zone , except as modified below. Uses identified as "permitted" (P) are allowed by right. Uses identified as "conditional" (C) shall be approved by the planning commission pursuant to chapter 7, article E of this title and title 15 of this code . All permitted and conditional uses shall comply with all applicable requirements of this article and this title. Uses not specifically included in this article or in the underlying zone shall not be allowed.

   A.   West Jordan City Center Station Community: Uses allowed in the West Jordan City center station community shall be the same as those in the city center zone set forth in section 13-5I-4 of this title.

   B.   Jordan Valley Community:

      1.   The use applications identified below supersede any underlying zoning district use requirements:

         a.   Permitted uses:

            Banks, credit unions without drive-up service windows.

            Bed and breakfast .

            Daycare , limited.

            Farmers' market .

            Health and fitness facility .

            Home occupations.

            Hotel or motel .

            Massage therapy .

            Medical or dental office .

            mixed use development .

            Municipal facilities and services.

            Office .

            Outdoor dining.

            Park and ride lots .

            Parking structures.

            Personal care service .

            Produce or flower stands.

            Recreational and entertainment, indoor and outdoor.

            Restaurant, fast food (general) .

            Restaurant, fast food (limited) .

            Restaurant, general .

            Retail establishment up to a maximum of fifteen thousand (15,000) square feet (per floor).

            Transit stationstructures , facilities.

         b.   Conditional uses:

            Auditorium or stadium .

            Banks, credit unions with drive-up service windows.

            College or university , satellite campus.

            Daycare , general.

            Department store , less than twenty five thousand (25,000) square feet.

            Drive-up automated teller machines.

            Gasoline service station .

            Off site parking (AC).

            Outdoor exhibits, displays or sales areas (AC).

            Retail establishment greater than fifteen thousand (15,000) square feet (per floor).

            Service establishment , up to a maximum fifteen thousand (15,000) square feet (per floor).

            Small scale utility facilities, including a sanitary sewer pump station.

            Vending carts (AC).

      2.   The following uses are prohibited within the boundaries of the Jordan Valley community overlay district:

         Car wash .

         Repair service, general .

         Utility, major .

         Vehicle equipment repair, general.

   C.   Gardner Village Station Community: Uses allowed in the Gardner Village station community shall be the same as those in the city centerzone set forth in section 13-5I-4 of this title.

   D.   Residential Station Community: The use applications identified below shall be allowed in addition to all underlying zoning district use requirements:

      1.   Permitted uses:

         Municipal facilities and services.

         Transit stationstructures , facilities.

      2.   Conditional uses:

         Off site parking .

         Park and ride lots .

         Parking structures.

   E.   Bagley Station Community:

      1.   The use applications identified below will supersede any underlying zoning district use requirements:

         a.   Permitted uses:

            Municipal structures, facilities.

            Park and ride lots .

            Restaurant, fast food (general) .

            Restaurant, fast food (limited) .

            Restaurant, general .

            Seasonal sales of produce and goods.

            Transit stationstructures , facilities.

         b.   Conditional uses:

            Convenience store .

            Low power radio service utilities (AC).

            Off site parking (AC).

            Outdoor exhibits, displays or sales areas (AC).

            Small scale public utilities.

            Wholesale display rooms.

      2.   The following uses are prohibited within the Bagley station community overlay district:

            Automobile sales.

            Junk or salvage yard .

            Outside storage and operations .

            Recycling collection station .

   F.   5600 West BRT Station Communities: Uses allowed in these three (3) station communities shall be as follows:

      1.   5600 West Old Bingham BRT Station Community:

         a.   Permitted And Conditional Uses: The use applications identified below will supersede any underlying zoning district use requirements:

            (1)   Permitted uses:

               Municipal structures, facilities.

               Park and ride lots .

               Seasonal sales of produce and goods.

               Transit stationstructures , facilities.

            (2)   Conditional uses:

               Convenience store .

               Low power radio service utilities (AC).

               Off site parking (AC).

               Outdoor exhibits, displays or sales areas (AC).

               Small scale public utilities.

               Wholesale display rooms.

         b.   Prohibited Uses: The following uses are prohibited within the boundaries of the 5600 West Old Bingham BRT station community overlay district:

            Junk or salvage yard .

            Motor vehicles sales and service.

            Outside storage and operations .

            Recycling collection station .

      2.   5600 West 9000 South BRT Station Community: Uses allowed in the 5600 West 9000 South BRT station community shall be the same as those in the city centerzone set forth in section 13-5I-4 of this title.

      3.   5600 West 7800 South BRT Station Community: Uses allowed in the 5600 West 7800 South BRT station community shall be the same as those in the city centerzone set forth in section 13-5I-4 of this title. (2001 Code § 89-4-804; amd. 2009 Code; Ord. 10-20, 7-28-2010; Ord. 11-35, 11-22-2011; Ord. 21-31, 8-25-2021)

The following density requirements shall apply to all residential uses in the applicable TSOD:

 

 

Density in the TSOD is calculated by dividing the number of proposed dwelling units by the number of gross acres designated for residential development (including residential uses within a mixed use component of a development ) on the preliminary development plan . Proposed parking structures, parks and public or private open space , including hardscaped areas, may be included in determining the number of acres used in this calculation. However, areas proposed for nonresidential uses other than those included within a mixed use component of the development (i.e., commercial , office , church or school sites that are not included in a mixed use component of a development) shall not be used in determining residential density. (2001 Code § 89-4-805; amd. 2009 Code; Ord. 10-20, 7-28-2010)

All streets developed and maintained within a transit oriented development shall comply with this title and title 8 of this code . The planning commission may approve modified street standards in the final development plan if: a) the developer presents a modified street standard that is superior to or more consistent with a transit oriented development or can show that dedication or development to city standards is impractical or undesirable due to severe topography, security requirements, or other similar circumstances; and b) the city engineer and fire chief make a positive recommendation to modify the applicable street standards. (2001 Code § 89-4-806; amd. 2009 Code; Ord. 10-20, 7-28-2010)

   A.   Building line frontages contribute to the public streetscape and therefore, are subject to more regulation than the rest of the lot . Buildings shall be oriented to the pedestrian and placed close to the street space where possible and consistent with the overall design and function of the building.

   B.   Park strips are required on all streets, except alleys, within each station community right of way. Within commercial areas, park strips shall serve the purpose of allowing for quick stops and shopping. In residential areas, park strips shall serve as buffers between pedestrian walkways and streets.

   C.   Street medians are encouraged in all station communities for all major collector rights of way. Medians serve to improve the aesthetic quality of the area and as a midblock resting place for street crossings. Medians should be a minimum of five feet (5') wide.

   D.   Alleys and interior block spaces shall be allowed and encouraged in all station communities. Alleys serve as alternate routes to garages and loading docks that are unseen by the public and therefore, contribute to a pedestrian friendly environment. The private, interior portions of the lots (toward the alley ) allow commercial operators to utilize these spaces as efficient working environments unseen by the public and allow residents to have private and semiprivate (for apartment and condominium buildings) gardens and courtyards. Alleys shall be the primary access to garages. (2001 Code § 89-4-807; amd. 2009 Code; Ord. 10-20, 7-28-2010)

Convenient pedestrian circulation systems shall be provided to minimize pedestrian-auto conflicts and shall be provided continuously throughout each station community district. All streets, except for alleys, shall be bordered by sidewalks on both sides of the right of way in accordance with the city adopted public improvement standards, specifications and plans.

   A.   Sidewalks shall be required on every street within the station communities. The minimum width for sidewalks shall be five feet (5') within residential and commercial areas where trees and amenities are located in a park strip . The minimum width for sidewalks in nonresidential areas where trees, benches and public amenities are located within the sidewalk shall be a minimum of eight feet (8') wide. Sidewalks in nonresidential areas should be divided into three (3) zones:

      1.   Zone 1 shall be the area closest to the building and is the dining and display area. This area serves for signs from businesses and eating and resting areas for users.

      2.   Zone 2 shall be the area dedicated for the sidewalk, dedicated and designed for pedestrian travel and through walkway traffic.

      3.   Zone 3 shall be the area closest to the street and is to be considered an amenity zone. This area is used for landscaping , street trees, benches, and other aesthetic and practical features that improve the quality of the pedestrian environment.

   B.   Pedestrian walkways shall connect building entrances to each other and connect building entrances, sidewalks and public streets to existing or planned transit stops.

   C.   Where practical, pedestrian walkways shall be raised above the grade of streets, drives, parking lots and other paved areas. Where pedestrian walkways cannot be raised, they shall be constructed of a material differing in texture from adjacent pavement.

   D.   Pedestrian crosswalks shall be clearly discernible with a different color and texture from the adjacent pavement/concrete utilized for vehicular circulation. (2001 Code § 89-4-808; amd. 2009 Code)

In order to encourage the use of public transit systems within transit oriented developments the minimum number of parking spaces in the TSOD is intentionally reduced. The use of shared parking areas and multilevel parking structures is also strongly encouraged within station community districts. Surface parking shall be minimized and located behind and/or to the side of main building structures except when such surface parking as described in the development plan is permitted within a given streetscape (on street parking), or when the site is at the intersection of two (2) arterial streets. The parking requirements and restrictions set forth in this article shall supersede the requirements and regulations set forth in chapter 12 of this title.

   A.   General Parking Requirements: The following requirements and restrictions shall apply to all uses allowed in each station community:

      1.   Multi-family uses must provide one parking space for every dwelling unit , plus one-half (1/2) parking space for each additional bedroom. A maximum of one and one-half (11/2) parking spaces is permitted for each multi-family unit. Guest parking shall be provided at one stall for every four (4) dwelling units.

      2.   A maximum of three (3) parking spaces per one thousand (1,000) square feet of office and a maximum of three and three-fourths (33/4) per one thousand (1,000) square feet of retail space is permitted. Properties within the CC-F subdistrict shall meet subsection 13-5I-9D3 of this title.

      3.   Unless otherwise approved in the final development plan , other permitted and conditional uses not included in subsection A1 or A2 of this section shall provide up to fifty percent (50%) reduction of the parking requirement for such uses set forth in chapter 12 of this title.

      4.   On street parking is permitted and encouraged and shall be included in the total development required parking calculations for a use or structure which fronts and is adjacent to the on street parking stall.

      5.   Ingress and egress for parking lots shall, where reasonably practical, be from side streets for commercial uses and from alleys for residential uses.

      6.   A parking lot or garage may not be adjacent to a street intersection; a parking lot or garage may be adjacent to a street intersection if the street intersection is an intersection of two (2) arterial streets or both a vehicular/arterial street and a pedestrian or neighborhood street.

      7.   Access for service vehicles and deliveries will be required to provide a direct route to loading bays and service areas; minimizing movement through parking areas.

      8.   The reduction of impervious surfaces is highly encouraged through the use of interlocking pavers, particularly for areas with high pedestrian traffic, intersections and crosswalks.

   B.   Reduction Of Parking Spaces: A developer may request a reduction in the number of parking spaces by city approval, using the factors listed in subsection 13-12-4B of this title. Requests for a reduction in parking spaces shall be recommended by the zoning administrator and approved by the planning commission.

   C.   Specific Parking Requirements: Except single-family residential, parking provided for all new development shall comply with the following standards:

      1.   A parking lot , garage , or vehicular maneuvering area shall be located behind or on the side of a building . A parking lot, garage, or a vehicular maneuvering area may be located in front of a building only when it is found that a lot is adjacent to an intersection of two (2) arterial streets, or both a vehicle/arterial street and a pedestrian or neighborhood street, or the purpose of the vehicular maneuvering area is to provide a direct life safety function. If parking is located to the side or front of the building, all landscape and buffer requirements for parking areas within subsection 13-13-9C of this title shall apply.

      2.   Two (2) or more land uses with different hours of operation or varying parking demands (example: office and restaurant) shall qualify for shared parking if within six hundred feet (600') of each other. Parking shall be accessible to all uses sharing the said parking.

         a.   Documentation for a shared parking request shall be provided with the building permit application.

         b.   A document indicating a right to use the parking if not on the same parcel where the parking is located shall be submitted.

         c.   A licensed traffic engineer or a certified transportation planner shall prepare a study, demonstrating modal split for project employers and/or visitors and parking demand for each anticipated use and/or business within the project.

         d.   The estimate of parking demand shall include average daily and peak period demand.

      3.   For mixed use development , a shared parking approach shall be implemented unless infeasible. The applicant shall demonstrate to the zoning administrator why shared parking is not feasible and that the total amount of parking to be provided will not comprise more than one hundred ten percent (110%) of the average daily peak demand.

      4.   Tandem parking spaces for all single-family residential attached, residential duplex, and residential townhouse units shall be permitted. Tandem parking may be used with multi- family developments when the use of tandem parking spaces can be assigned to individual units and can be under the control of single households.

      5.   Parking structures are encouraged to maximize usable land and to reduce the need for surface parking lots. Structures should provide for shared parking where possible and needed for the given land uses. Parking structures should be located away from the immediate streetscape where possible; provided, however, that parking structures shall be permitted adjacent to streetscapes where the design of such structures reflects the overall design of the project of which they are a part and/or landscaping is placed between the parking structure and the streetscape. Options for placement include center of block , above ground, below ground, and alley access sites.

      6.   Parking structures shall include pedestrian walkways and connections to continuous pedestrian paths/sidewalks.

      7.   Parking structures shall be architecturally integrated or designed with the same theme as the entire station community development or adjacent main buildings .

      8.   Parking structures with blank facades and solid walls at grade are not permitted except as approved pursuant to an approved development plan or where buffered by not less than five feet (5') of landscaping . Remote signage may be used to break up blank facades and solid walls and to add visual interest to the exterior of the parking structure .

      9.   Storage parking of recreational vehicles shall not be permitted in the TSOD except where facilities for such storage are specifically approved pursuant to a development plan . (2001 Code § 89-4-809; amd. 2009 Code; Ord. 10-20, 7-28-2010; Ord. 13-07, 3-13-2013; Ord. 14-19, 5-28-2014)

   A.   The requirements and recommendations for bicycle parking and bike lanes set forth in this chapter shall supersede the requirements of chapter 12 of this title.

   B.   The recommended number of bicycle stalls shall be based on the following, provided, however, that a different number of bicycle parking stalls may be provided in accordance with an approved development plan :

 

 

   C.   Bicycle parking facilities must be located in a well lit area that is reasonably proximate to the core commercialbuilding or common facility entrance. Long term bicycle parking facilities located within structures is encouraged.

   D.   Bike lanes shall be provided according to city master plans, as modified pursuant to an approved development plan , and construction standards. Bike lanes shall be delineated from the rest of the street space with a demarcated path.

   E.   Where provided, bicycle parking racks or other bicycle storage facilities shall be designed to deter theft. Bicycle parking areas shall be designed so as to provide reasonably sized storage and maneuvering space for such parking areas. (2001 Code § 89-4-810; amd. 2009 Code; Ord. 10-20, 7-28-2010)

A variety of architectural features and building materials is encouraged to give each building or group of buildings a distinct character.

   A.   Height: New structures within the TSOD shall be no more than forty five feet (45') high for single-family residential, and seventy five feet (75') for mixed use structures, except for new structures in the residential station communities and the city center station community. Those communities shall meet the criteria for height as stated in the underlying zoning districts. The height requirements for commercial , office and industrial structures shall be dictated by the underlying zoning districts. An increase to the maximum height requirement for a structure may be granted by the planning commission through a conditional use permit .

   B.   Building Facades And Entryways:

      1.   All buildings in a TSOD must provide a main entrance on the facade of a building nearest to and facing a street that connects to the communities' transit station .

      2.   Building facades should avoid a uniform building style.

      3.   Architectural style, colors and materials shall be compatible throughout the station community.

      4.   The style and materials shall complement the surrounding environment and not detract from any visual corridor views.

      5.   The architectural features, materials and articulation shall be continuous along all sides visible from any street or pedestrian path. The following is a list of encouraged, but noninclusive, architectural features:

         a.   Cornices;

         b.   Pediment entry;

         c.   Columns or pillar;

         d.   Overhang;

         e.   Window molding;

         f.   Recessed fenestration ;

         g.   Portico ;

         h.   Overhang;

         i.   Porte-cochere.

      6.   The front facade of all principal buildings shall face onto the street and not be oriented toward a parking lot or parking structure ; unless it is found that a building fronts both a vehicular/arterial street and a pedestrian or neighborhood street.

      7.   Porches, roof overhangs, hooded front doors, and other architectural facade elements shall define the front entrance to all principal structures.

      8.   For commercial , retail and office buildings, a minimum of fifty percent (50%) of the front facade on the ground floor shall be transparent, consisting of a transparent window or door opening allowing views into and out of the interior of the building .

      9.   Planters and window boxes for flowers and climbing vines are encouraged as building facade enhancement features.

      10.   Rooflines with visible ornamental features are encouraged. Features may include cornices and parapets. They should demonstrate recognition of the climate by utilizing appropriate pitch, drainage and materials in order to provide visual coherence to each project.

      11.   Buildings should have a visually distinct base that creates a welcoming environment for pedestrians. The lowest level of the building should have more mass and bulk in order to be delineated and scaled.

      12.   The following standards shall govern fenestration :

         a.   Minimum First Floor Glass: The first floor front facade of buildings facing a street or a pedestrianway shall be at least sixty percent (60%) glass surfaces. Structures within the CC zoning subdistricts shall meet section 13-5I-8 of this title.

         b.   Display Windows: Display windows shall not have permanently painted, treated or reflective glass.

         c.   Length Of Facade With No Fenestration : The length of sidewalk level building facade which has no fenestration shall not exceed ten feet (10') in length.

      13.   For all single- and two-family dwellings, the physical and visual presence of garages shall be minimized. No overly prominent garages may become de facto home entryways. Garages attached to a single- or two-family dwelling shall be recessed behind the main facade of the residential dwelling. The garage shall not account for more than forty percent (40%) of the dwelling's facade.

Examples of single-family dwellinggarage placements where garage and/or driveway presence is minimized to help create a pedestrian friendly environment. (2001 Code § 89-4-811; amd. 2009 Code; Ord. 10-20, 7-28-2010; Ord. 14-19, 5-28-2014)

Except for single-family and two-family residences, all buildings shall face a public or private right of way and shall be set back as near the sidewalk edge with as minimal a setback as possible unless differently approved pursuant to a development plan . The setback of a building may be increased to a maximum of twenty feet (20') from a public or private right of way, if a courtyard, plaza, promenade, social event area or outdoor dining area is incorporated into the development's design. Parking lots, garages and drive lanes shall not be allowed between the right of way line of a public or private road (exclusive of alleys) and any building. This shall not include parking structures that are architecturally compatible with a master planned development . Lots at the intersection of two (2) arterial streets are exempt from this criterion. (2001 Code § 89-4-812; amd. 2009 Code; Ord. 10-20, 7-28-2010; Ord. 14-19, 5-28-2014)

Blocks shall not exceed eight hundred feet (800') in length and must provide links to pedestrian paths/sidewalks at least every three hundred feet (300'). (2001 Code § 89-4-813)

   A.   The West Jordan city center station community shall provide at least fifteen percent (15%) of the total development area for open space .

   B.   Jordan Valley and BRT station communities shall provide at least ten percent (10%) of the total development area for open space .

   C.   Pocket parks, miniparks, courtyards, plazas, fountain areas and landscaped social gathering areas may count toward the green space requirements of this section.

   D.   Each project shall designate at least one public open space with easy access to residents, employees and other users of the area. Each open space shall provide for at least three (3) of the following conditions:

      1.   Public art ;

      2.   Sitting areas (i.e., stairs, planter boxes, benches or chairs);

      3.   Food (either through immediate restaurants, eateries, vendors or stores);

      4.   Furniture;

      5.   Water features;

      6.   Natural light of at least four (4) hours of exposure.

(2001 Code § 89-4-814; amd. 2009 Code; Ord. 10-20, 7-28-2010)

Overall composition and location of landscaping shall complement the scale of the development and its surroundings. In general, larger, well placed contiguous planting areas shall be preferred to smaller, disconnected areas. The following site landscaping standards shall apply to all new development, except single-family residential:

   A.   Street Trees: Street trees shall be provided on all street frontages, at a minimum of one tree for every twenty five feet (25') of public or private right of way. Street trees may be clustered and need not be evenly spaced. Trees should preferably be placed between the sidewalk and curb in a landscaped strip or in tree wells (at least 3 feet in diameter) installed in paved pedestrian paths, at least eight feet (8') wide.

   B.   Residential, Office Developments: A minimum of twenty percent (20%) of a residential, office or public/semipublic development site shall be landscaped. Decorative pavement within a public plaza, excluding sidewalks, may be counted toward up to one-third (1/3) of the landscaping to meet this requirement. Outdoor play areas may be counted toward up to one-half (1/2) of the landscaping to meet this requirement.

   C.   Parking, Loading Areas: All parking and loading areas fronting public streets or sidewalks and all parking and loading areas abutting residential districts or uses shall provide:

      1.   A landscaped area at least five feet (5') wide along public streets or sidewalks.

      2.   One tree for each twenty five (25) linear feet of parking lot frontage .

      3.   In large parking lots containing more than two hundred (200) spaces, an additional landscaped area of at least three hundred (300) square feet shall be provided for each twenty five (25) spaces, or fraction thereof, and must contain one canopy tree . The remainder shall be covered with turf grass, native grasses or other perennial flowering plants, vines or shrubs .

      4.   The corners of parking lots, "islands" and all other areas not used for parking or vehicular circulation shall be landscaped. Vegetation can include turf grass, native grasses or other perennial flowering plants, vines, shrubs or trees. Such spaces may include architectural features such as benches, kiosks or bicycle parking.

   D.   Street Walls And Garden Walls: Street and garden walls shall establish a distinct edge to the street space where the buildings do not. Masonry walls should define the outdoor space and separate the street space from the private realm (parking lots, trash cans, gardens and equipment). The finished side shall face the street space. A street wall is a masonry wall set back not more than eight inches (8") from the required building line or adjacent building facade . A vehicle entry gate (opaque, maximum 18 feet wide) and a pedestrian entry gate (maximum 6 feet wide) are both allowed as limited substitutions within any required street wall length. The following materials are permitted:

      1.   Native/regional stone and equivalent imitation stone;

      2.   Metal (wrought iron, welded steel and/or aluminum [electrostatically plated black]);

      3.   Brick or CMUblock ; or

      4.   A combination of materials (e.g., stone piers with brick infill panels). (2001 Code § 89-4-815; amd. 2009 Code)

Street lighting shall be provided along all streets and alleys. More smaller lights, as opposed to fewer, high intensity lights, should be used. Streetlights shall be installed on both sides of the street with spacing no greater than seventy five feet (75') per fixture. Street lighting design shall meet the minimum standards developed by the Illumination Engineering Society. Materials and equipment chosen for lighting fixtures should be durable and weather well. Lighting is desirable for nighttime visibility, crime deterrence and decoration; however, to avoid lighting that is too bright, creates glare, hinders night vision, or creates light pollution, all lighting shall be shielded to prevent uplighting and light escape. A standard list of approved lighting fixture choices will be available for each station community, as approved by the city .

(2001 Code § 89-4-816; amd. 2009 Code)

   A.   Development Plan Review: The steps outlined in section 15-3-8 of this code shall be followed in connection with an application for approval of a development plan, along with the required fees and other specific processes required by this code to complete a specific project.

   B.   Development Plan Requirements: A development plan shall be prepared for each designated TSOD. The plan may modify the boundaries of the overlay district and provide for the physical design of the TSOD relative to public improvements, development standards, design criteria and public incentives. The development plan shall follow the submittal requirements found in title 13, chapter 7, article I and include the following:

      2.   For sites larger than two (2) acres, an independent real estate market analysis of the proposed development , which takes into consideration the potential demand for the proposed nonresidential uses within the TSOD.

      3.   Analysis of potential impacts to existing infrastructure, including a traffic study.

      4.   Development specifics such as the station community and project boundaries, building placement, parking, pedestrian and bicycle paths, plazas, social gathering centers, building elevations, lighting and signage.

      5.   An implementation and phasing timetable. (2001 Code § 89-4-818; amd. 2009 Code; Ord. 10-09, 2-24-2010; Ord. 14-19, 5-28-2014; Ord. 22-13, 5-11-2022)

   A.   Applicable Developments: In any infill transit-oriented project comprising seven (7) acres or less, any one or more provisions of this article may be modified or waived by the city council , based upon the criteria set forth in subsection D of this section.

   B.   Prohibited Developments: An infill transit oriented development under this section shall not include any of the following:

      1.   One or more phases associated with a development that is larger than seven (7) acres;

      2.   A lot or parcel that is subdivided from a larger property containing larger than seven (7) acres of vacant land ; and

      3.   Any other change in the property or property lines intended to circumvent the purpose of this section.

   C.   No Precedential Effect: Any provisions of this article that are waived or modified by the city council cannot be used as precedent for any future project or development .

   D.   Modification/Waiver Criteria Required For Inclusion With MDA: Modifications or waivers of the provisions of this article shall be listed in the Master Development Agreement ("MDA"). Any modifications or waivers granted shall be based upon specific benefits the city will realize as a result of the modifications or waivers as determined by the city council . The MDA shall specifically identify (i) the modifications or waivers granted, and (ii) the benefits anticipated as a result of the modifications or waivers. The ordinance or resolution approving the MDA shall (i) specifically reference such modification or waivers as well as the benefits anticipated, and (ii) include findings by the city council that the modifications or waivers as well as the benefits flowing therefrom are in the best interests of the city. (Ord. 20-42, 11-4-2020)

The purpose of the Senior Housing Overlay District (SHO) is to establish locations for the development of appropriate living arrangements, both assisted and independent, including independent elderly housing, nursing homes, convalescent centers and assisted living centers or similar uses as interpreted by the Planning Commission for residents fifty five (55) years and older. The SHO District provides standards for development which recognizes and accommodates the varied housing and lifestyle needs and desires of seniors, including decreasing mobility, changing health and the alternative needs of the senior person . The SHO District promotes independence and a high quality of life to meet the physical and social needs of seniors by encouraging specialized design features, and convenient access to community and civic centers, support services, mass transit stations and stops, recreational facilities, and shopping centers. This overlay zone is not intended for hospitals, clinics, health care centers, or like uses. (Ord. 11-03, 2-9-2011; amd. Ord. 17-24, 5-24-2017)

The Senior Housing Overlay District applies standards in addition to the established standards of the underlying zoning district in this title. When the standards found within the underlying and overlaying zoning districts are in conflict, the standards located within the SHO District shall apply. The SHO District is designated on the zoning map by affixing the suffix "SHO" in parenthesis after the underlying zoning district in which the overlay is located, i.e., PC (SHO). (Ord. 11-03, 2-9-2011)

   A.   Properties located within the following zoning districts shall be eligible for the SHO district zoning subject to the permitted and conditional use tables associated with the specific underlying zoning district:

      1.   R-2 (Two-Family Residential), R-3 (Multi-Family Residential) and R-M (Mobile Home Residential) Zones;

      2.   The PC (Planned Community) and PRD (Planned Residential Development ) Zones;

      3.   The LSFR (Low Density Single-Family Residential), MFR (Medium Density Multi-Family Residential) and the HFR (High Density Multi-Family Residential) Zones within the west side planning area; and

      4.   The P-O Professional OfficeZone .

   B.   The SHO district shall not be applied to any specific property until a rezone application has been approved by the city council which affixes the overlay district onto the property's underlying zoning designation.

   C.   If an applicant has submitted an application for a zone change to a specific underlying zoning district concurrently with an application for a zone change to the SHO district, each application shall be considered and voted upon by the city council as a separate agenda item, with the specific underlying zoning district application being considered and voted upon first, followed by the SHO district application. (Ord. 11-03, 2-9-2011; amd. Ord. 17-24, 5-24-2017; Ord. 24-33, 9-25-2024)

   A.   In addition to the accessory use criteria found within this title, outdoor RV, motor home, trailer and boat storage for residents of a senior housing development shall be subject to the following standards:

      1.   Parking shall be limited to recreational vehicles , motor homes, trailers and boats owned by residents of the senior housing community. The storage area may not be rented out to nonresidents or be utilized as a "warehouse , self-service storage" facility.

      2.   All RVs, motor homes, trailers and boats stored at the site shall be in operable condition and if required, currently licensed. The storage of inoperable vehicles , trailers or boats is prohibited.

      3.   All RVs, motor homes, trailers and boats shall be parked within designated parking spaces.

      4.   RVs, motor homes, trailers and boats stored on the property shall not be used as a residence.

      5.   The storage area shall be fully screened by an opaque fence of durable material which is at least six feet (6') in height.

      6.   Landscaping shall be provided along all street frontages, at a depth of at least ten feet (10'), and shall include trees planted on at least thirty foot (30') centers. All landscaping shall meet the requirements of chapter 13 of this title.

      7.   Vertical curb walls shall be provided along the periphery of the parking lot to facilitate storm drainage and act as wheel stops for all recreational vehicles , motor homes, trailers and boats stored at the site. (Ord. 11-03, 2-9-2011)

   A.   Density:

      1.   The density allowed within the SHO shall be the same as found within the underlying zone , and subject to any density bonuses allowed within the underlying zoning district. The dwelling unit density in the Professional Office (P-O) Zoning District shall be established by the City Council as part of the development plan approval process.

      2.   For facilities which contain beds for residents rather than dwelling units , such as a convalescent care center or a mental health care facility for elderly persons , the maximum number of beds in these types of facilities shall not be restricted, but shall be subject to State Code requirements and compliance with all lot area , lot width, height, design, parking, landscape and other development standards as found in this title and the approved preliminary development plan . (Ord. 11-03, 2-9-2011; amd. Ord. 17-24, 5-24-2017)

   A.   The SHO District provides living arrangements specifically designed for the needs of senior persons. To qualify as senior housing, the following conditions shall be met:

      1.   The units are restricted to a maximum unit size of two (2) bedrooms;

      2.   The units are intended for, and to be occupied by, at least one (1) person fifty five (55) years of age or older per unit.

         a.   A unit may be occupied by the surviving member(s) of a household, regardless of age, if the fifty five (55) years of age or older qualifying person has passed away, provided the surviving member(s) was a resident of the unit at the time of that qualifying person's death;

      3.   A unit may be occupied by the management, medical, or custodial personnel, and his/her immediate family .

   B.   A homeowners' association shall be established for developments containing owner occupied units to ensure the maintenance of buildings, open space , recreational facilities and other common areas. (Ord. 11-03, 2-9-2011)

   A.   Lot and bulk standards shall be the same as the underlying zoning district. (Ord. 11-03, 2-9-2011)

   A.   Design Review Committee: All senior housing developments shall be reviewed by the Design Review Committee and meet the requirements of sections 13-7B-6 and 13-10-2 of this title.

   B.   Design And Materials: All detached single-family buildings shall comply with the masonry requirement found in subsection 13-5B-6A of this title. All attached and multi-family buildings shall incorporate durable materials with sound architectural designs. Building architecture shall incorporate appropriate fenestration and articulation that breaks up large flat walls and creates an inviting residential character. Four (4) sided architecture and facade details specific to a particular architectural style shall be incorporated. (Ord. 11-03, 2-9-2011)

   A.   The amount of landscaping area to be set aside shall be the same as the underlying zoning district.

   B.   Diversity in the design and use of common open space and/or outdoor recreational facilities is encouraged, but at a minimum, common areas shall meet the following requirements:

      1.   Common open space and/or outdoor recreational facilities shall be interspersed within the development to allow for easy and convenient access to all residents;

      2.   Common open space and/or outdoor recreational facilities shall be located within close proximity to the entrance of a building or buildings and accessed by a paved walkway;

      3.   A central gathering area, such as a courtyard or plaza, shall be provided;

      4.   Site furniture shall be installed in open space and recreational areas, including benches. Where possible, locate seating around those areas with a balance of sun and shade exposure to take advantage of changing seasons. These areas should take advantage of views or be located near activity centers of the site;

      5.   Common open space and/or outdoor recreational facilities shall be designed to create an environment that limits pedestrian interaction with motor vehicles and shall be partially surrounded by the proposed residential buildingscape, various landscape elements and architectural amenities that enrich the residents' experience and create a stronger sense of place.

   C.   Site landscaping shall follow the tree requirements for multi- family developments and the bufferyard and parking lot landscaping standards as outlined in chapter 13 of this title. Active and independent adult communities developed as single- family or two-family housing shall follow the specific landscaping standards for single-family and two-family developments as outlined in chapter 13 of this title. (Ord. 11-03, 2-9-2011)

   A.   Housing shall be specifically designed for seniors and include facilities generally associated with the needs and interests of seniors. Universal design or "aging in place" design is a method of design that seeks to create development that can be used by persons of varying levels of physical condition. These design concepts are encouraged to be included in all developments, in addition to those design elements listed in subsection B of this section. Design concepts which may be incorporated into the project include, but are not limited to, no step building and unit entries, nonslip surface flooring, wheelchair accessibility throughout project and units, grab bars or walls built for later installation of grab bars, lever handle type doorknobs, or emergency signal systems.

   B.   The following elements shall be incorporated into all SHO district developments:

      1.   Wherever steps are located, ramps or elevators shall be provided in addition;

      2.   Provide adequate lighting throughout the dwelling unit and grounds;

      3.   Pedestrian walkways shall be provided adjacent to streets and drive aisles where buildings are also located adjacent to the street and drive aisle. The pedestrian walkways shall also connect all building /unit entrances with other buildings, recreational facilities, common areas, mailboxes, parking facilities, adjacent transit stops and public sidewalks. Walkways shall be of a material which is easily traversed by those who may have mobility issues. (Ord. 11-03, 2-9-2011)

The following findings for approval shall be found when approving a site plan for a development in the SHO district:

   A.   The proposed senior housing is consistent with the intent of the goals and policies of the general plan ;

   B.   Residential occupancy shall be limited to senior citizens fifty five (55) years of age or older and their immediate families;

   C.   The proposed senior housing development will not adversely impact the existing neighborhood and the land uses in the underlying district;

   D.   The design and site planning of the use will provide a convenient and functional living, social, or civic environment for residents and will be planned as one integrated land use rather than as an aggregation of individual and unrelated buildings or uses;

   E.   The housing is specifically designed for seniors and includes facilities generally associated with the needs and interests of seniors. Such facilities may include common meeting and recreation facilities, central dining facilities, laundry rooms, convenience and support facilities, emergency signal systems, adequate exterior lighting for security, ramps, walkways and other provisions required by senior persons. (Ord. 11-03, 2-9-2011)

   A.   Development Plan : A development plan is to be prepared for each proposed development (or phase ) within the SHO zone . The development plan shall provide pertinent information relative to public improvements, density, universal design concepts being utilized in the development, development standards and compliance therein, and design criteria.

   B.   Development Plan Review: The steps outlined in section 15-3-8 of this code shall be followed in connection with applications for approval of a development plan, along with the required fees and other specific processes required by this code to complete a specific project.

   C.   Development Plan Submittal Requirements: A developer seeking city approval of a development plan shall follow the submittal requirements as outlined in title 13, chapter 7, article I.

   D.   Zoning Map Amendment Application To Change Or Remove An Existing SHO Zoning District Designation: Consistent with subsections 13-7D-4(C)(2) and 13-7I-5(B)(4):

      1.   If one or more platted lots in a development with an existing SHO overlay zoning district designation have been sold to an owner , who is not a developer , professional builder, or bank or financial institution , an applicant may not submit, and the city shall not accept, an application to change or remove the existing SHO overlay zoning district designation for said development or for any part of said development; and

      2.   An application seeking city approval to change or remove the existing SHO overlay zoning district designation, or part of such existing district designation, shall be placed on a city council work session agenda and is a major variation that requires an amended development plan (with a planning commission recommendation and approval by the city council). (Ord. 11-03, 2-9-2011; amd. Ord. 22-13, 5-11-2022; Ord. 24-33, 9-25-2024)

   A.   Garage Required: Every single-family , detached or attached, and two-family dwelling unit within the SHO shall have a fully enclosed attached or detached two (2) car garage.

   B.   Parking: All uses in the SHO district shall comply with the provisions governing off street parking in chapter 12 of this title.

   C.   Signs : All signs in the SHO district shall comply with the provisions governing signs in this title and in title 12 of this code. (Ord. 11-03, 2-9-2011)

   A.   General Purpose: The general purpose of the Infill Development Overlay (IDO) Districts are to promote and facilitate the development and redevelopment of infill properties that cannot be reasonably developed using currently adopted zoning, subdivision and engineering standards. IDO Districts provide for the establishment of specific land uses and development standards as incentives to stimulate re-investment and development of properties in a manner that will contribute to the creation of a high quality development for residential, commercial , and employment opportunities and improve the overall economic vitality of the City . It is the intent of these districts to generally:

      1.   Encourage flexibility in the development , redevelopment, investment and reinvestment of infill properties that meet the criteria listed in section 13-6I-2 of this article, without an overall increase in the density as established by the General Plan Future LandUse Map and base zoning district.

      2.   Encourage the use of innovative approaches to development that utilize sustainable development practices as shown in a required development plan .

      3.   Encourage a mix of uses in close proximity of each other to promote pedestrian activity and reduce vehicle miles traveled. This goal includes consideration of off-site activities.

      4.   Facilitate the development , redevelopment, and use of properties in West Jordan where public infrastructure is already in place.

   B.   Specific Purposes Of Each District: There are two (2) Infill Development Overlay Districts:

      1.   IDO-1: The IDO-1 District is for use with small sites of less than five (5) acres that need relief from only a few development standards in order to develop or redevelop.

      2.   IDO-2: The IDO-2 District is for use with sites of 2.5 to ten (10) acres that would benefit from a more comprehensive modification of standard development requirements in order to develop or redevelop. (Ord. 17-19, 4-5-2017)

   A.   An IDO District may be established for any area where the City Council finds that the property meets the definition of "infill property", as defined below:

   INFILL PROPERTY: Any lot or parcel, which meets all of the following:

      1.   Does not exceed five (5) net acres, and has been in its current configuration for more than ten (10) years; or does not exceed ten (10) net acres and was created by the assembly of individual, contiguous parcels, each not more than five (5) acres in area; and

      2.   Is served by, or has direct access to, existing utility distribution facilities; and

      3.   Is surrounded by properties within a one thousand foot (1,000') radius, measured from the property lines, excluding properties separated from the subject site by arterial roads, highways/freeways, or other significant transportation barriers, in which:

         a.   The total developable land area is not more than twenty five percent (25%) vacant; and

         b.   Greater than fifty percent (50%) of the total number of lots or parcels have been developed fifteen (15) or more years ago.

   B.   The City Council may also find that the area within the overlay district meets at least two (2) of the following requirements:

      1.   There is a majority percentage of vacant or dilapidated buildings or structures; or

      2.   Based on the base zoning, there is a high percentage of vacant or underused parcels of property, non-conforming lot or parcel sizes, buildings designed for obsolete land uses, or environmentally contaminated sites; or

      3.   There is a high percentage of buildings or other places where nuisances exist or occur; or

      4.   There is an absence of development and investment activity compared to other areas in the City ; or

      5.   There is a high occurrence of crime.

   C.   The IDO Districts shall be designated on the zoning map by affixing the suffix "IDO-1" or "IDO-2" in parentheses after the underlying zoning district in which the overlay is located, i.e., R-1-6 (IDO-2). (Ord. 17-19, 4-5-2017)

   A.   IDO-1 District: The land uses permitted or conditionally permitted are established for a given IDO-1 District by referencing the base zoning district established on the property and as adopted by the Preliminary Development Plan . The uses allowed by the referenced district will be allowed on the property following approval of the rezoning. Example, if the base zone were the P-O (Professional Office ) Zone, the adopting ordinance would state that the uses permitted would be the same as the P-O Zone.

   B.   IDO-2 District: The land uses permitted or conditionally permitted are established for a given IDO-2 uniquely for that specific property based on a Preliminary Development Plan approved by City Council . The required information needed to establish a Preliminary Development Plan is found in subsections 13-5J-10B through E of this title. (Ord. 17-19, 4-5-2017)

   A.   IDO-1 Districts: The development standards established in this title and the specific development standards for the base zoning district are required, unless specifically modified by the City Council with the approval of the Preliminary Development Plan .

   B.   IDO-2 Districts: The general development standards and specific development standards for property zoned IDO-2 shall be established through the review and approval of a Preliminary Development Plan as described in section 15-3-8 of this Code .

   C.   Standards Not In This Title: Modifications to development standards not established within this title shall be in accordance with procedures and processes established in this Code . (Ord. 17-19, 4-5-2017)

   A.   Design Review Committee: All developments shall be reviewed by the Design Review Committee and meet the requirements of sections 13-7B-6 and 13-10-2 of this title.

   B.   Design And Materials: All detached single-family buildings shall, at minimum, comply with the masonry requirement found in section 13-5B-6 of this title. All attached and multi-family buildings shall incorporate durable materials with sound architectural designs. All building architecture shall incorporate appropriate fenestration and articulation that breaks up large flat walls and creates an inviting character. Four (4) sided architecture and facade details specific to a particular architectural style shall be incorporated. (Ord. 17-19, 4-5-2017)

   A.   The amount of landscaping area to be set aside shall be the same as the underlying zoning district, unless otherwise modified by the adopted Preliminary Development Plan .

   B.   Diversity in the design and use of common open space and/or outdoor recreational facilities is encouraged, but at a minimum, common areas shall meet the following requirements when provided:

      1.   Common open space and/or outdoor recreational facilities shall be interspersed within the development to allow for easy and convenient access to all residents;

      2.   Common open space and/or outdoor recreational facilities shall be located within close proximity to the entrance of a building or buildings and accessed by a paved walkway;

      3.   Site furniture shall be installed in open space and recreational areas, including benches and trash receptacles;

      4.   Common open space and/or outdoor recreational facilities shall be designed to create an environment that limits pedestrian interaction with motor vehicles , and various landscape elements and architectural amenities that enrich the site and create a stronger sense of place. (Ord. 17-19, 4-5-2017)

   A.   Development Plan : A development plan shall be prepared for each proposed development (or phase ) within the Infill Overlay District. The development plan shall provide pertinent information relative to public improvements, density, universal design concepts being utilized in the development, development standards and compliance therein, maintenance plans, and design criteria.

   B.   Development Plan Review: The steps outlined in section 15-3-8 of this code shall be followed in connection with applications for approval of a development plan, along with the required fees and other specific processes required by this code to complete a specific project.

   C.   Development Plan Submittal Requirements: A developer seeking city approval of a development plan shall follow the submittal requirements as outlined in title 13, chapter 7, article I.

   D.   Supplemental Information: In addition to the submittal requirements listed in title 13, chapter 7, article I, the following additional material is required as part of a IDO Concept Development Plan application:

      1.   Concept Development Plan :

         a.   Statement Of Need: The statement of need shall describe the existing conditions of the area proposed for inclusion in the IDO and address the items listed in section 13-6I-2 of this article that establish the reasons for use of this district.

      2.   Preliminary Development Plan :

         a.   Development Goals: The Preliminary Development Plan shall contain a description of the goals to be accomplished through the adoption and implementation of the IDO. This description shall be written and/or graphic and include a description of the final developments envisioned for the property that will meet the intent of this zoning district.

         b.   Development Regulations: The Preliminary Development Plan shall list permitted and conditional landuse options, which may be assigned to specific parcels. Multiple development and land use options may be assigned and described as available alternatives.

            (1)   IDO-1 applications shall state the zoning district or districts being used to establish the uses permitted on the property. The referenced district(s) shall be established either prior to or concurrent with the adoption of the IDO-1. The development standards associated with the designated district(s) shall govern development on the site unless deviations are requested as part of the application and approved with the adoption of the Preliminary Development Plan . The application shall also include any requests for modification of development standards contained in or authorized by this code .

            (2)   IDO-2 applications shall submit either of the following:

               (A)   A list of base district(s) to establish permitted and conditional uses, or

               (B)   A specific landuse plan including allowed land uses and activities that may or may not necessarily correspond to specific base zoning districts. If this option is selected, the adopted Preliminary Development Plan shall govern allowed land use activities for the project site.

         c.   Neighborhood Compatibility: The Preliminary Development Plan shall include criteria and requirements to ensure that future development plans; will facilitate development compatible with adjacent properties and surrounding neighborhoods, will facilitate the implementation of the Preliminary Development Plan, will facilitate appropriate transitions between differing developments, and will not overburden the transportation system, utility infrastructure or community facilities.

         d.   General Development Standards: The Preliminary Development Plan may, but is not required to include deviations to this title. In the event the Preliminary Development Plan does not specify deviations to development standards, the Preliminary Development Plan shall specify how and when the development standards in this title apply to specific sites.

         e.   Fee Reduction: Any fee reductions shall conform to the process and parameters established in title 3, chapter 7 of this code .

      3.   Additional Information/Requirements: Additional information that may be required by the city as part of the Preliminary Development Plan to justify the IDO District are:

         a.   Infrastructure Element: An infrastructure element, which includes plans for incorporating transportation, stormwater drainage and utility options may be required by the City Engineer and City Traffic Engineer to evaluate current conditions and consider requested modifications.

         b.   Supplemental Reports: As determined by the City Planner or City Engineer each Preliminary Development Plan shall be accompanied by additional information as necessary to facilitate understanding, review and action on the application by the City Council . (Ord. 17-19, 4-5-2017; amd. Ord. 22-13, 5-11-2022)

   A.   General Purpose: The general purpose of the Residential Overlay District (ROD) is to promote and facilitate the redevelopment of large retailcommercial properties with an influx of new residential and mixed use development to promote and maintain the viability of commercial retail shopping areas. The ROD will also reduce traffic congestion, air pollution and commutes to already existing shopping and entertainment areas. It is the intent of these districts to generally:

      1.   Encourage flexibility in the redevelopment and reinvestment in retail and entertainment based properties that meet the findings listed in section 13-6J-2 of this article.

      2.   Encourage the use of innovative approaches to redevelopment that utilize sustainable development practices.