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Updated Dec, 2007<br />

[Ord. 07-41]<br />

<strong>Title</strong> <strong>89</strong><br />

ZONING ORDINANCE<br />

Chapter 1. In General<br />

Part 1. Purpose and Applicability<br />

Sec. <strong>89</strong>-1-101. <strong>Title</strong>.<br />

Sec. <strong>89</strong>-1-102. Severability of parts of <strong>Title</strong>.<br />

Sec. <strong>89</strong>-1-103. Authority and purpose.<br />

Sec. <strong>89</strong>-1-104. Scope.<br />

Sec. <strong>89</strong>-1-105. Planning documents.<br />

Sec. <strong>89</strong>-1-106. State and Federal property exempt.<br />

Sec. <strong>89</strong>-1-107. Licenses to conform.<br />

Sec. <strong>89</strong>-1-108. Permits required.<br />

Sec. <strong>89</strong>-1-109. Certificate of occupancy and zoning compliance.<br />

Sec. <strong>89</strong>-1-110. Construction and use to conform to plans.<br />

Sec. <strong>89</strong>-1-111. Conflicting provisions.<br />

Sec. <strong>89</strong>-1-112. Previous ordinances consolidated and continued.<br />

Part 2. Rules of Clarification and Definitions<br />

Sec. <strong>89</strong>-1-201. Rules Of Clarification.<br />

Sec. <strong>89</strong>-1-202. Interpretation Of Zoning Boundaries.<br />

Sec. <strong>89</strong>-1-203. Definitions.<br />

Sec. <strong>89</strong>-2-101. City Council.<br />

Sec. <strong>89</strong>-2-102. (Reserved)<br />

Sec. <strong>89</strong>-2-103. (Reserved)<br />

Sec. <strong>89</strong>-2-104. (Reserved)<br />

Sec. <strong>89</strong>-2-201. Designation.<br />

Sec. <strong>89</strong>-2-202. Powers.<br />

Sec. <strong>89</strong>-2-203. Interpretation.<br />

Chapter 2. Decision-Makers - Appeals<br />

Part 1. Boards and Commissions<br />

PART 2. ZONING ADMINISTRATOR


PART 3. PUBLIC HEARINGS AND APPEALS<br />

Sec. <strong>89</strong>-2-301. Staff referral by Planning Commission.<br />

Sec. <strong>89</strong>-2-302. Notice and hearings.<br />

Sec. <strong>89</strong>-2-303. Appeal of administrative decisions.<br />

Sec. <strong>89</strong>-2-304. Appeal of a decision by the Board of Adjustment.<br />

Sec. <strong>89</strong>-2-305. Appeal of a decision by the Planning Commission.<br />

Sec. <strong>89</strong>-2-306. Judicial review of a City Council decision.<br />

Sec. <strong>89</strong>-3-101. Zoning districts.<br />

Sec. <strong>89</strong>-3-102. Official Zoning Maps.<br />

Sec. <strong>89</strong>-3-103. Boundaries of zones.<br />

Sec. <strong>89</strong>-3-104. Newly annexed territories.<br />

Sec. <strong>89</strong>-3-105. Clarification of zoning.<br />

Sec. <strong>89</strong>-3-106. Zoning conditions.<br />

Chapter 3. Zoning Districts and Land Use Regulations<br />

PART 1. ESTABLISMENT OF ZONES<br />

PART 2. AGRICULTURAL ZONES<br />

Sec. <strong>89</strong>-3-201. Purpose of agricultural zone.<br />

Sec. <strong>89</strong>-3-202. Permitted and conditional uses in agricultural zones.<br />

Sec. <strong>89</strong>-3-203. Lot and bulk standards.<br />

Sec. <strong>89</strong>-3-204. General provisions.<br />

PART 3. RESIDENTIAL ZONES<br />

Sec. <strong>89</strong>-3-301. Purpose of residential zones.<br />

Sec. <strong>89</strong>-3-302. Permitted and conditional uses in residential zones.<br />

Sec. <strong>89</strong>-3-303. Lot and bulk standards.<br />

Sec. <strong>89</strong>-3-304. Mobile home parks.<br />

Sec. <strong>89</strong>-3-305. Multiple-family dwelling developments.<br />

Sec. <strong>89</strong>-3-306. Residential exterior materials and design.<br />

Sec. <strong>89</strong>-3-307. General provisions – residential zones.<br />

PART 4. PLANNED DEVELOPMENT ZONES<br />

Sec. <strong>89</strong>-3-401. Purpose and intent.<br />

Sec. <strong>89</strong>-3-402. Process for zone change to a planned development designation – conceptual<br />

development plan required.<br />

Sec. <strong>89</strong>-3-403. Density designations.<br />

Sec. <strong>89</strong>-3-404. Permitted and conditional uses in planned development zones.<br />

Sec. <strong>89</strong>-3-405. Areas, setbacks, and height.<br />

Sec. <strong>89</strong>-3-406. Dedication and maintenance of open land required.<br />

Sec. <strong>89</strong>-3-407. Development plan requirements.<br />

Sec. <strong>89</strong>-3-408. General provisions


PART 5. OFFICE AND RESEARCH PARK ZONES<br />

Sec. <strong>89</strong>-3-501. Purpose of office and research park zones.<br />

Sec. <strong>89</strong>-3-502. Permitted and conditional uses in professional office zones.<br />

Sec. <strong>89</strong>-3-503. Lot and bulk standards.<br />

Sec. <strong>89</strong>-3-504. General provisions.<br />

PART 6. COMMERCIAL ZONES<br />

Sec. <strong>89</strong>-3-601. Purpose of commercial zones.<br />

Sec. <strong>89</strong>-3-602. Establishment standards.<br />

Sec. <strong>89</strong>-3-603. Permitted and conditional uses in Commercial zones.<br />

Sec. <strong>89</strong>-3-604. Lot and bulk standards.<br />

Sec. <strong>89</strong>-3-605. General provisions.<br />

PART 7. MANUFACTURING ZONES<br />

Sec. <strong>89</strong>-3-701. Purpose of manufacturing zones.<br />

Sec. <strong>89</strong>-3-702. Establishment standards.<br />

Sec. <strong>89</strong>-3-703. Permitted and conditional uses in manufacturing zones.<br />

Sec. <strong>89</strong>-3-704. Lot and bulk standards.<br />

Sec. <strong>89</strong>-3-705. General provisions.<br />

PART 8. PUBLIC FACILITIES ZONE<br />

Sec. <strong>89</strong>-3-801. Purpose of zone.<br />

Sec. <strong>89</strong>-3-802. Establishment standards.<br />

Sec. <strong>89</strong>-3-803. Permitted and conditional uses in the public facilities zone.<br />

Sec. <strong>89</strong>-3-804. Lot and bulk standards.<br />

Sec. <strong>89</strong>-3-805. General provisions.<br />

PART 9. PARKS, RECREATION AND OPEN SPACE ZONE (PRO)<br />

Sec. <strong>89</strong>-3-901. Purpose and application.<br />

Sec. <strong>89</strong>-3-902. Applicability.<br />

Sec. <strong>89</strong>-3-903. Parks, recreation, and open space reservation.<br />

Sec. <strong>89</strong>-3-904. Permitted and conditional uses in the PRO zone.<br />

Sec. <strong>89</strong>-3-905. Lot and bulk standards.<br />

Sec. <strong>89</strong>-3-906. General provisions.<br />

PART 10. CITY CENTER ZONE<br />

Sec. <strong>89</strong>-3-1001. Purpose and intent.<br />

Sec. <strong>89</strong>-3-1002. Establishment.<br />

Sec. <strong>89</strong>-3-1003. City Center Zoning Districts.<br />

Sec. <strong>89</strong>-3-1004. Permitted and conditional uses in the City Center Zoning District.<br />

Sec. <strong>89</strong>-3-1005. Residential Density.<br />

Sec. <strong>89</strong>-3-1006. Street types and standards.<br />

Sec. <strong>89</strong>-3-1007. Streetscape standards.<br />

Sec. <strong>89</strong>-3-1008. Site development standards.<br />

Sec. <strong>89</strong>-3-1009. Standards for parking and loading areas.<br />

Sec. <strong>89</strong>-3-1010. Open Space requirements.


Sec. <strong>89</strong>-3-1011. Screening of dumpsters and mechanical equipment, outside storage.<br />

Sec. <strong>89</strong>-3-1012. Signs.<br />

Sec. <strong>89</strong>-3-1013. Nonconforming structures and uses.<br />

Sec. <strong>89</strong>-3-1014. Development Plan, land use element and architectural review.<br />

PART 11. WEST SIDE PLANNING AREA - ZONING DISTRICTS<br />

Sec. <strong>89</strong>-3-1101. Purpose and intent<br />

Sec. <strong>89</strong>-3-1102. Establishment.<br />

Sec. <strong>89</strong>-3-1103. <strong>West</strong> Side Specific Planning Area Boundary Defined.<br />

Sec. <strong>89</strong>-3-1104. <strong>West</strong> Side Specific Planning Area Zoning Districts.<br />

Sec. <strong>89</strong>-3-1105. Permitted and Conditional Uses in the WSPA zones.<br />

Sec. <strong>89</strong>-3-1106. Permitted Density and Incentive Bonuses.<br />

Sec. <strong>89</strong>-3-1107. Narrative of the Required Improvement & Density Incentive Chart.<br />

Sec. <strong>89</strong>-3-1108. Residential lot and bulk standards in the WSPA.<br />

Sec. <strong>89</strong>-3-1109. General residential provisions in the WSPA.<br />

Sec. <strong>89</strong>-3-1110. Mixed-use development standards in the WSPA.<br />

Sec. <strong>89</strong>-3-1111. Development Plan Process.<br />

Chapter 4. Overlay Zoning Districts<br />

PART 1. AIRPORT OVERLAY ZONE<br />

Sec. <strong>89</strong>-4-101. Purpose.<br />

Sec. <strong>89</strong>-4-102. Establishment of airport overlay zones.<br />

Sec. <strong>89</strong>-4-103. Official airport overlay map.<br />

Sec. <strong>89</strong>-4-104. Permitted and conditional uses in airport overlay zones.<br />

Sec. <strong>89</strong>-4-105. Development standards.<br />

Sec. <strong>89</strong>-4-201. Purpose and objectives of zone.<br />

Sec. <strong>89</strong>-4-202. Establishment.<br />

Sec. <strong>89</strong>-4-203. Use regulations.<br />

Sec. <strong>89</strong>-4-204. Design standards.<br />

Sec. <strong>89</strong>-4-205. City assistance.<br />

PART 2. DOWNTOWN OVERLAY ZONE<br />

Part 3.<br />

Redwood Road Overlay Zone<br />

Sec. <strong>89</strong>-4-301. Purpose of zone.<br />

Sec. <strong>89</strong>-4-302. Establishment of Redwood Road overlay zone.<br />

Sec. <strong>89</strong>-4-303. Allowed uses.<br />

Sec. <strong>89</strong>-4-304. Development limitations and standards.<br />

PART 4. HISTORIC DISTRICTS, SITES AND BUILDINGS OVERLAY ZONE<br />

Sec. <strong>89</strong>-4-401. Purpose of part.<br />

Sec. <strong>89</strong>-4-402. Roles of Development Services Department and Historic Preservation<br />

Commission.<br />

Sec. <strong>89</strong>-4-403. Designation of historic districts, sites, and buildings.<br />

Sec. <strong>89</strong>-4-404. Designated historic resources.<br />

Sec. <strong>89</strong>-4-405. Historic development guidelines.


Sec. <strong>89</strong>-4-406. Demolition of designated historic resources.<br />

Sec. <strong>89</strong>-4-501. Purpose<br />

Sec. <strong>89</strong>-4-502. Scope and application<br />

Sec. <strong>89</strong>-4-503. Required plans<br />

Sec. <strong>89</strong>-4-504. Hillside development standards.<br />

Sec. <strong>89</strong>-4-505. Bonding Requirements<br />

PART 5. HILLSIDE DEVELOPMENT OVERLAY ZONE<br />

Sec. <strong>89</strong>-4-601. Findings of fact and purpose of zone.<br />

Sec. <strong>89</strong>-4-602. Establishment.<br />

Sec. <strong>89</strong>-4-603. Applicability.<br />

Sec. <strong>89</strong>-4-604. Official floodplain overlay map.<br />

Sec. <strong>89</strong>-4-605. Warning and disclaimer of liability.<br />

Sec. <strong>89</strong>-4-606. Administration.<br />

Sec. <strong>89</strong>-4-607. Allowed uses.<br />

Sec. <strong>89</strong>-4-608. Development permits.<br />

Sec. <strong>89</strong>-4-609. Development standards.<br />

PART 6. FLOODPLAIN OVERLAY ZONE<br />

PART 7. WATER SOURCE PROTECTION AREAS<br />

Sec. <strong>89</strong>-4-701. Purpose<br />

Sec. <strong>89</strong>-4-702. Definitions.<br />

Sec. <strong>89</strong>-4-703. Establishment of drinking water source protection overlay zones.<br />

Sec. <strong>89</strong>-4-704. Applicability.<br />

Sec. <strong>89</strong>-4-705. Designation of recharge areas and protection zones.<br />

Sec. <strong>89</strong>-4-706. Official recharge area and protection zone map.<br />

Sec. <strong>89</strong>-4-707. Review of recharge area protection zone map.<br />

Sec. <strong>89</strong>-4-708. Permitted uses, conditional uses, and prohibitions.<br />

Sec. <strong>89</strong>-4-709. Review of development plans<br />

Part 8. Transit Station Overlay District<br />

Sec. <strong>89</strong>-4-801. Purpose and objectives of the zone.<br />

Sec. <strong>89</strong>-4-802. Establishment<br />

Sec. <strong>89</strong>-4-803. Transit Station Boundaries.<br />

Sec. <strong>89</strong>-4-804. Use regulations.<br />

Sec. <strong>89</strong>-4-805. Density<br />

Sec. <strong>89</strong>-4-806. Street standards.<br />

Sec. <strong>89</strong>-4-807. Streetscapes.<br />

Sec. <strong>89</strong>-4-808. Sidewalks and pedestrian circulation.<br />

Sec. <strong>89</strong>-4-809. Parking requirements.<br />

Sec. <strong>89</strong>-4-810. Bicycle parking and bike lanes.<br />

Sec. <strong>89</strong>-4-811. Architectural, Building and Site Design Standards<br />

Sec. <strong>89</strong>-4-812. Street-oriented building placement.<br />

Sec. <strong>89</strong>-4-813. Blocks.<br />

Sec. <strong>89</strong>-4-814. Open space requirements.


Sec. <strong>89</strong>-4-815. Landscaping Standards.<br />

Sec. <strong>89</strong>-4-816. Lighting Standards.<br />

Sec. <strong>89</strong>-4-817. Sign Regulation.<br />

Sec. <strong>89</strong>-4-818. Development plan.<br />

Sec. <strong>89</strong>-5-101. Purpose and scope of chapter.<br />

Sec. <strong>89</strong>-5-102. Overview of review process.<br />

Sec. <strong>89</strong>-5-103. Required application submittals.<br />

Sec. <strong>89</strong>-5-104. Approval criteria.<br />

Sec. <strong>89</strong>-5-105. Conditions of approval.<br />

Chapter 5. Development Procedures<br />

PART 1. GENERALLY<br />

PART 2. ADEQUATE PUBLIC FACILITIES<br />

Sec. <strong>89</strong>-5-201. Purpose and scope of part.<br />

Sec. <strong>89</strong>-5-202. APF management system.<br />

Sec. <strong>89</strong>-5-203. Level of service standards.<br />

Sec. <strong>89</strong>-5-204. Minimum requirements for adequate public facilities.<br />

PART3. SITE PLANS<br />

Sec. <strong>89</strong>-5-301. Purpose and scope of part.<br />

Sec. <strong>89</strong>-5-302. Required site plan review.<br />

Sec. <strong>89</strong>-5-303. Review procedure.<br />

Sec. <strong>89</strong>-5-304. Expiration of approved site plans.<br />

Sec. <strong>89</strong>-5-305. Conceptual site plan review requirements.<br />

Sec. <strong>89</strong>-5-306. Preliminary site plan review requirements.<br />

Sec. <strong>89</strong>-5-307. Final site plan review requirements.<br />

Sec. <strong>89</strong>-5-308. General design standards.<br />

PART 4. AMENDMENTS AND SPECIAL APPROVALS<br />

Sec. <strong>89</strong>-5-401. Purpose and scope of part.<br />

Sec. <strong>89</strong>-5-402 General Plan Amendments.<br />

Sec. <strong>89</strong>-5-403 Amendments to zoning ordinance and map.<br />

Sec. <strong>89</strong>-5-404 Conditional uses.<br />

Sec. <strong>89</strong>-5-405 Temporary uses.<br />

Sec. <strong>89</strong>-5-406 Variances.<br />

PART 5. RESIDENTIAL CONSTRUCTION NOT IN A RECORDED SUBDIVISION<br />

Sec. <strong>89</strong>-5-501. Purpose and scope of part.<br />

Sec. <strong>89</strong>-5-502. Development procedure.<br />

Chapter 6. Standards of General Applicability


PART 1. SUPPLEMENTARY AND QUALIFYING STANDARDS<br />

Sec. <strong>89</strong>-6-101. Purpose and scope of part.<br />

Sec. <strong>89</strong>-6-102. Abandoned, wrecked or junked vehicles.<br />

Sec. <strong>89</strong>-6-103. Accessory uses, buildings, and structures.<br />

Sec. <strong>89</strong>-6-104. Reserved.<br />

Sec. <strong>89</strong>-6-105. Clear vision area.<br />

Sec. <strong>89</strong>-6-106. Reserved.<br />

Sec. <strong>89</strong>-6-107. Easements.<br />

Sec. <strong>89</strong>-6-108. Effect of major street plan.<br />

Sec. <strong>89</strong>-6-109. Front and rear yard modification, developed areas.<br />

Sec. <strong>89</strong>-6-110. Height limitation exceptions.<br />

Sec. <strong>89</strong>-6-111. Lots in single ownership developed as one building lot.<br />

Sec. <strong>89</strong>-6-112. Minimum lot area when a portion of a lot is acquired for public use.<br />

Sec. <strong>89</strong>-6-113. Minimum lot area to be preserved.<br />

Sec. <strong>89</strong>-6-114. Moved buildings.<br />

Sec. <strong>89</strong>-6-115. Projections into yards.<br />

Sec. <strong>89</strong>-6-116. Storage of commercial vehicles in residential zone.<br />

Sec. <strong>89</strong>-6-117. Storage of trash and debris prohibited.<br />

Sec. <strong>89</strong>-6-118. Swimming pools.<br />

Sec. <strong>89</strong>-6-119. Accessory Living Quarters<br />

PART 2. NONCONFORMING STRUCTURES AND USES<br />

Sec. <strong>89</strong>-6-201. Purpose and scope.<br />

Sec. <strong>89</strong>-6-202. Nonconforming uses.<br />

Sec. <strong>89</strong>-6-203. Nonconforming structures.<br />

Sec. <strong>89</strong>-6-204. Nonconforming lots.<br />

Sec. <strong>89</strong>-6-205. Other nonconformities.<br />

Sec. <strong>89</strong>-6-206. Reserved.<br />

Sec. <strong>89</strong>-6-207. Abandonment.<br />

Sec. <strong>89</strong>-6-208. Change in nonconforming status.<br />

Sec. <strong>89</strong>-6-209. Determination of nonconforming status.<br />

Sec. <strong>89</strong>-6-210. Nonconforming uses detrimental to health and safety.<br />

Sec. <strong>89</strong>-6-211. Extension of time for recovery of investment.<br />

Sec. <strong>89</strong>-6-212. Billboards exempt.<br />

Sec. <strong>89</strong>-6-301. Purpose and scope of part.<br />

Sec. <strong>89</strong>-6-302. Urban design principles.<br />

PART 3. URBAN DESIGN STANDARDS<br />

PART 4. DEVELOPMENT CONSTRUCTION STANDARDS<br />

Sec. <strong>89</strong>-6-401. Purpose and scope of part.<br />

Sec. <strong>89</strong>-6-402. Public Improvement Standards, Specifications, and Plans.<br />

Sec. <strong>89</strong>-6-403. Street design and layout.<br />

Sec. <strong>89</strong>-6-404. Street lighting.<br />

Sec. <strong>89</strong>-6-405. Utilities.


Sec. <strong>89</strong>-6-406. Water systems.<br />

Sec. <strong>89</strong>-6-407. Waterways.<br />

Sec. <strong>89</strong>-6-408. Fire protection.<br />

Sec. <strong>89</strong>-6-409. Sanitary sewer system.<br />

Sec. <strong>89</strong>-6-410. Storm drain system.<br />

Sec. <strong>89</strong>-6-411 Grading and drainage.<br />

Sec. <strong>89</strong>-6-412. Soils report.<br />

Sec. <strong>89</strong>-6-413. Reimbursement for System Improvements.<br />

Sec. <strong>89</strong>-6-501. Purpose and intent.<br />

Sec. <strong>89</strong>-6-502. Home Occupation Standards.<br />

Sec. <strong>89</strong>-6-503. Permitted home occupations.<br />

PART 5. HOME OCCUPATIONS<br />

PART 6. OFF-STREET PARKING<br />

Sec. <strong>89</strong>-6-601. Purpose and scope of part.<br />

Sec. <strong>89</strong>-6-602. Provision of parking.<br />

Sec. <strong>89</strong>-6-603. Required number of parking spaces.<br />

Sec. <strong>89</strong>-6-604. Modification of parking provisions for large-scale developments.<br />

Sec. <strong>89</strong>-6-605. Parking lot location.<br />

Sec. <strong>89</strong>-6-606. Parking lot design standards.<br />

Sec. <strong>89</strong>-6-607. Required parking space and parking module dimensions.<br />

PART 7. LANDSCAPING<br />

Sec. <strong>89</strong>-6-701. Purpose and scope of part.<br />

Sec. <strong>89</strong>-6-702. Administrative modifications to landscaping standards.<br />

Sec. <strong>89</strong>-6-703. Submittal materials, fees, and standards.<br />

Sec. <strong>89</strong>-6-704. Landscaping for water conservation.<br />

Sec. <strong>89</strong>-6-705. Design, installation, maintenance and irrigation scheduling.<br />

Sec. <strong>89</strong>-6-706. Park strips and streetscapes.<br />

Sec. <strong>89</strong>-6-707. Parking lot landscaping.<br />

Sec. <strong>89</strong>-6-708. Landscape standards for specific uses.<br />

Sec. <strong>89</strong>-6-709. Qualifications, inspections, and audits.<br />

Sec. <strong>89</strong>-6-710. Cash bond.<br />

Sec. <strong>89</strong>-6-711. Excessive water use.<br />

PART 8. FENCING AND SCREENING<br />

Sec. <strong>89</strong>-6-801. Purpose.<br />

Sec. <strong>89</strong>-6-802. Fencing required between incompatible uses.<br />

Sec. <strong>89</strong>-6-803. General provisions and regulations.<br />

Sec. <strong>89</strong>-6-804. Regulations for specific zoning districts.<br />

Sec. <strong>89</strong>-6-805. Prohibited fencing materials.<br />

Sec. <strong>89</strong>-6-901. Purpose of part.<br />

Sec. <strong>89</strong>-6-902. Public utilities.<br />

PART 9. PUBLIC UTILITIES


Sec. <strong>89</strong>-6-903. Public utilities, underground.<br />

PART 10. LOW POWER RADIO SERVICE ANTENNAS<br />

Sec. <strong>89</strong>-6-1001. Purpose of part.<br />

Sec. <strong>89</strong>-6-1002. Zoning.<br />

Sec. <strong>89</strong>-6-1003. Regulations.<br />

Sec. <strong>89</strong>-6-1004. Location on parcel.<br />

Sec. <strong>89</strong>-6-1005. Area limitations for wall-mounted and roof-mounted antennas.<br />

Sec. <strong>89</strong>-6-1006. Height regulations for monopoles with antennas.<br />

Sec. <strong>89</strong>-6-1007. Wall-mounted and roof-mounted antennas on non-complying<br />

buildings that exceed the maximum height limit of the zoning district.<br />

Sec. <strong>89</strong>-6-1008. Additional conditional use requirements.<br />

Sec. <strong>89</strong>-6-1009. Accessory buildings for antenna structures.<br />

Sec. <strong>89</strong>-6-1010. Non-maintained or abandoned facilities; bonding and removal.<br />

PART 11. SIGNS<br />

Sec. <strong>89</strong>-6-1101. Purpose and scope of part.<br />

Sec. <strong>89</strong>-6-1102. Sign permit.<br />

Sec. <strong>89</strong>-6-1103. Exempt signs for which no sign permit is required.<br />

Sec. <strong>89</strong>-6-1104. Prohibited signs.<br />

Sec. <strong>89</strong>-6-1105. General provisions.<br />

Sec. <strong>89</strong>-6-1106. Types of signs permitted in each zoning district.<br />

Sec. <strong>89</strong>-6-1107. Sign Standards.<br />

Sec. <strong>89</strong>-6-1108. Exceptions and qualifications for specific sign types.<br />

Sec. <strong>89</strong>-6-1109. Nonconforming signs.<br />

Sec. <strong>89</strong>-6-1110. Enforcement.<br />

PART 12. IMPROVEMENT GUARANTEES<br />

Sec. <strong>89</strong>-6-1201. Purpose and scope of part.<br />

Sec. <strong>89</strong>-6-1202. Guarantees for installation of public and private improvements required.<br />

Sec. <strong>89</strong>-6-1203. Estimated cost of improvements.<br />

Sec. <strong>89</strong>-6-1204. Improvement guarantee amount.<br />

Sec. <strong>89</strong>-6-1205. Form of improvement guarantee.<br />

Sec. <strong>89</strong>-6-1206. Reduction of public improvement guarantee.<br />

Sec. <strong>89</strong>-6-1207. Warranty for public improvements.<br />

Sec. <strong>89</strong>-6-1208. Final inspection and release of guarantee.<br />

Sec. <strong>89</strong>-6-1209. Repairs and emergency repairs.<br />

Sec. <strong>89</strong>-6-1210. Inadequate proceeds.<br />

Chapter 7. Enforcement<br />

Sec. <strong>89</strong>-7-101. Enforcement authority.<br />

Sec. <strong>89</strong>-7-102. Issuance of permits.<br />

Sec. <strong>89</strong>-7-103. Types of violations.<br />

Sec. <strong>89</strong>-7-104. Remedies and enforcement powers.<br />

Sec. <strong>89</strong>-7-105. Nonconforming use as affirmative defense.<br />

Sec. <strong>89</strong>-7-106. Enforcement procedures.<br />

Sec. <strong>89</strong>-7-107. Other enforcement matters.


Chapter 8. Fees<br />

PART 1. IMPACT FEES<br />

Sec. <strong>89</strong>-8-101. Purpose and scope of chapter.<br />

Sec. <strong>89</strong>-8-102. Capital facilities plan.<br />

Sec. <strong>89</strong>-8-103. Development impact fee calculation report.<br />

Sec. <strong>89</strong>-8-104. Adoption; notice.<br />

Sec. <strong>89</strong>-8-105. Establishment of service areas.<br />

Sec. <strong>89</strong>-8-106. Unit of measure.<br />

Sec. <strong>89</strong>-8-107. Coefficients.<br />

Sec. <strong>89</strong>-8-108. Calculations.<br />

Sec. <strong>89</strong>-8-109. Accounting.<br />

Sec. <strong>89</strong>-8-110. Expenditures.<br />

Sec. <strong>89</strong>-8-111. Refunds.<br />

Sec. <strong>89</strong>-8-112. Petition for refunds.<br />

Sec. <strong>89</strong>-8-113. Appeals.<br />

Sec. <strong>89</strong>-8-114. Bonding of excess facility projects.<br />

Sec. <strong>89</strong>-8-115. Effect on zoning and subdivision regulations.<br />

Sec. <strong>89</strong>-8-116. Impact fee as additional and supplemental requirement.<br />

Sec. <strong>89</strong>-8-117. Credit against impact fees.<br />

Sec. <strong>89</strong>-8-118. Liberal construction.<br />

Sec. <strong>89</strong>-8-201. Review and application fees required.<br />

PART 2. REVIEW FEES


CHAPTER 1. IN GENERAL<br />

PART 1. PURPOSE AND APPLICABILITY<br />

Sec. <strong>89</strong>-1-101. <strong>Title</strong>.<br />

This <strong>Title</strong> shall be known and may be cited as the Zoning Ordinance of the City of <strong>West</strong> <strong>Jordan</strong><br />

(hereinafter referred to as “City”).<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-1-102. Severability of parts of <strong>Title</strong>.<br />

The chapters, parts, sections, paragraphs, sentences, clauses and phrases of this <strong>Title</strong> are hereby<br />

declared to be severable. If any chapter, part, section, paragraph, sentence, clause or phrase of this <strong>Title</strong> is<br />

declared invalid by a court of competent jurisdiction, or deleted through amendment or repeal, such<br />

invalidation or deletion shall not affect the remaining parts of this <strong>Title</strong>.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-1-103. Authority and purpose.<br />

(a) Authority. This <strong>Title</strong> is adopted pursuant to the Municipal Land Use Development and<br />

Management Act as set forth in Utah Code annotated 10-9-101 et seq., other applicable statutory law, and the<br />

police power authority inherent in local government as established and defined by State and Federal common<br />

law.<br />

(b) Purpose. This <strong>Title</strong> and the regulations and restrictions contained in this <strong>Title</strong> are adopted and<br />

enacted to accomplish the purpose of Utah Code annotated 10-9-102 and, further, to:<br />

(1) Promote the health, safety, convenience, and general welfare of present and future inhabitants<br />

of the City.<br />

(2) Encourage and facilitate the orderly growth and development of the City and implement the<br />

goals and policies of the City.<br />

(3) Provide adequate open space for light and air, prevent overcrowding of the land, and lessen<br />

congestion on the streets.<br />

(4) Secure economy in municipal expenditures and encourage adequate provisions for<br />

transportation, water, sewage, schools, parks, and other public facilities and services.<br />

(5) Increase the security of home life and preserve and create a more favorable environment for<br />

citizens and visitors to the City.<br />

(6) Ensure safety from fire and other dangers.<br />

(7) Stabilize and improve property values and place compatible uses together in the City.<br />

(8) Enhance the economic and cultural well-being of the inhabitants of the City.


(9) Promote the development of a more wholesome, serviceable, and attractive City resulting<br />

from an orderly, planned use of resources.<br />

(10) Establish proper zoning regulations, ensure the suitability of the land for particular uses,<br />

conserve the value of buildings, and encourage the most appropriate use of land throughout<br />

the City.<br />

(11) Further the purposes of this <strong>Title</strong> and promote the qualities of the respective zones.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-1-104. Scope.<br />

This <strong>Title</strong> shall apply to all property within the corporate limits of the City except such property<br />

expressly exempted there from by the provisions of this <strong>Title</strong> or other lawful exemption.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-1-105. Planning documents.<br />

(a) General Plan. The City shall prepare and adopt a comprehensive, long-range General Plan<br />

for the present and future needs of the City, and for the growth and development of the land within the City in<br />

accordance with the guidelines set forth in UCA 10-9a-401 et seq.<br />

(1) General Plan Committee. In preparing the General Plan, the Planning Commission shall<br />

obtain recommendations from the General Plan Committee. The General Plan Committee<br />

shall serve as an ad hoc advisory committee to the Planning Commission and the City<br />

Council. The Committee shall serve only when needed to prepare a comprehensive update to<br />

the General Plan as outlined in Sec. 2-6-1602.<br />

(2) Plan adoption by Planning Commission. After completing a proposed General Plan for all or<br />

part of the area within the City, the Planning Commission shall schedule and hold a public<br />

hearing on the proposed plan in the manner set forth in UCA 10-9-303(1)(b. After the public<br />

hearing, the Planning Commission may make recommendation concerning proposed<br />

amendments to the General Plan and shall then forward the recommendations to the City<br />

Council.<br />

(3) Plan adoption by City Council. The City Council shall hold a public hearing on the proposed<br />

General Plan recommended to it by the Planning Commission and shall provide reasonable<br />

notice of the public hearing as set forth in UCA 10-9-303(3)(b). The City Council may adopt<br />

the proposed General Plan without amendment; amend the proposed General Plan and adopt<br />

or reject it as amended; or reject the proposed General Plan.<br />

(4) Compliance with General Plan. The general plan is an advisory guide for land use decisions.<br />

(5) Effect of the plan on public uses.<br />

a. After the City Council has adopted a General Plan or any amendments to the General<br />

Plan, no street, park, or other public way, ground, place or space, no publicly owned<br />

building or structure, and no public utility, whether publicly or privately owned, may<br />

be constructed or authorized until and unless it conforms to the plan, or it has been<br />

considered by the Planning Commission and approved by the City Council.


Notwithstanding any other provisions of this <strong>Title</strong>, any construction or development<br />

that does not conform to the General Plan but is approved by the City Council shall be<br />

considered an amendment to the General Plan.<br />

b. Before accepting, widening, removing, extending, relocating, narrowing, vacating,<br />

abandoning, changing of classification, acquiring land for, or selling or leasing any<br />

street or other public way, ground, place, property or structure, the City Council shall<br />

submit the proposal to the Planning Commission for its review and recommendations.<br />

If any of the aforementioned items does not conform to the General Plan but is<br />

approved by the City Council, it shall be considered an amendment to the General<br />

Plan.<br />

(b)<br />

Capital facilities plan.<br />

(1) In the event that capital facilities are unavailable to serve a proposed development project<br />

subject to the requirements of this <strong>Title</strong>, the capital facilities plan adopted pursuant to section<br />

<strong>89</strong>-8-103 shall be used as a guide to determine when such capital facilities may be available.<br />

(2) All capital facilities projects shall be reviewed by the Planning Commission and follow the<br />

site plan approval process as outlined in Part 3 of Chapter 5 of this <strong>Title</strong>.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No 04-10, §(a)(4), 02-03-2004; Ord. No. 07-28, 08-21-07)<br />

Sec. <strong>89</strong>-1-106. State and Federal property exempt.<br />

Unless otherwise provided by law, nothing contained in this <strong>Title</strong> shall be construed as giving the City<br />

jurisdiction over properties owned by the State or the United States. When State or Federal law requires<br />

compliance with local regulations, this section shall not be construed to abrogate such requirement.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-1-107. Licenses to conform.<br />

All departments, officials and employees of the City vested with duty or authority to issue permits and<br />

licenses shall apply the provisions of this <strong>Title</strong> and shall issue no permit or license for a use or building where<br />

the same would be in conflict with the provisions of this <strong>Title</strong>. Any permit or license issued in violation of this<br />

<strong>Title</strong> shall be null and void ab initio.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-1-108. Permits required.<br />

(a) Permits required. No building or structure shall be constructed, reconstructed, altered, or<br />

moved, nor shall the use or status of land be changed except after the issuance of valid permits which conform<br />

to the requirements of this <strong>Title</strong> and currently adopted City codes, unless no permit is required by either this<br />

<strong>Title</strong> or such other codes.<br />

(b) Utility service. No electrical, sewer, telephone, water, or other utility line shall be installed to<br />

serve any premises if such premises is or will be in violation of this <strong>Title</strong>.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-1-109. Certificate of occupancy and zoning compliance.<br />

(a) Unlawful to occupy. It is unlawful to use or occupy, or to permit the use or occupancy of any<br />

building or premises prior to approval of a certificate of occupancy and zoning compliance (hereinafter


eferred to as "certificate") for the premises and/or building by the City. It is unlawful to occupy, or to allow to<br />

be occupied, any building that has a greater intensity of use or different occupancy than specifically provided<br />

for in the certificate.<br />

(b) Certificate of occupancy. A certificate shall be issued by the Building Official of the City<br />

after a building is completed, the final inspection is conducted, and approval is granted. A temporary<br />

certificate not to exceed a period of six months may be issued if the City manager or his designee makes a<br />

written determination that conditions of zoning, site plan, or other required approvals have been substantially<br />

met, but that acceptable circumstances have prevented or necessitated a delay in the installation of certain<br />

improvements required by the approved site plan, and that such delay will not create a hazard or safety<br />

concern. During the months of October to April, a cash bond equal to 100 percent of estimated completion<br />

costs shall be required prior to issuance of the temporary certificate. During the months of May to September,<br />

a cash bond equal to 150 percent of the estimated completion costs shall be required prior to issuance of the<br />

temporary certificate. A new certificate shall be required any time there is a change of use or occupancy<br />

classification.<br />

(c) Inspection and release of bond. When a cash bond has been posted with the City, an<br />

inspection must be scheduled with the Development Services Department to determine that all conditions of<br />

zoning, site plan, or other required approvals have been met. Once a representative of the City has been<br />

determined that all conditions have been met, the cash bond may be released and permanent occupancy<br />

granted. If conditions have not been met at the end of the six month period, permanent occupancy will not be<br />

granted and the cash bond will be retained by the City. The retained funds shall be expended for the purpose of<br />

completing the required work which work may be completed by City staff, contractor, or by others at the City’s<br />

discretion and with City approval. Funds not expended for completion of the work shall be returned to the<br />

party who posted the bond.<br />

(d) Failure to obtain certificate of occupancy. Failure to obtain a certificate to occupy or<br />

allowing to be occupied, any residential, commercial, industrial or institutional building, or premises, or for<br />

changing the use or occupancy classification as provided for in the certificate issued under this <strong>Title</strong> shall be a<br />

violation of this <strong>Title</strong> subject to the provisions of Chapter 7 of this <strong>Title</strong>.<br />

(e) Nuisance. The occupancy of any building for which a certificate has not been issued is hereby<br />

declared to be a nuisance and may be abated as such. It shall also be a nuisance for any building to be occupied<br />

with greater intensity than authorized herein or for any other occupancy than is authorized in the certificate or<br />

required under this section.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-1-110. Construction and use to conform to plans.<br />

Building permits or certificates of occupancy and zoning compliance, issued on the basis of plans and<br />

specifications approved by the planning division authorizes only the use, arrangement and construction set<br />

forth in the approved plans and applications, and no other use, arrangement or construction. Use,<br />

arrangements or construction at variance with that shown on approved plans and specifications may be deemed<br />

a violation of this <strong>Title</strong>.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-1-111. Conflicting provisions.<br />

This <strong>Title</strong> shall not nullify the more restrictive provisions of other private covenants and agreements or<br />

other laws or general ordinances of the City, but shall prevail and take precedence over such provisions that are<br />

less restrictive. In cases where provisions within this <strong>Title</strong> conflict, the most restrictive provision shall<br />

supersede the less restrictive one.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)


Sec. <strong>89</strong>-1-112. Previous ordinances consolidated and continued.<br />

This <strong>Title</strong> supersedes and amends <strong>Title</strong> 88 (Unified Development Code) of the <strong>West</strong> <strong>Jordan</strong> Municipal<br />

Code) s. This <strong>Title</strong> shall be deemed a continuation of <strong>Title</strong> 88 and not a new enactment insofar as the substance<br />

of revisions included herein, whether in the same or different language. This <strong>Title</strong> shall be so interpreted upon<br />

any question concerning the tenure of an officer or board established by <strong>Title</strong> 88, or upon any question<br />

concerning conforming and nonconforming uses of buildings and structures.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

PART 2.<br />

RULES OF CLARIFICATION AND DEFINITIONS<br />

Sec. <strong>89</strong>-1-201. Rules of clarification.<br />

(a) General. All provisions, terms, phrases and expressions contained in this <strong>Title</strong> shall be<br />

liberally construed in accordance with the purposes of this <strong>Title</strong>.<br />

(b) Computation of time. The time within which an act is to be done shall be computed by<br />

excluding the first day and including the last day. In the computation of time for public hearing notice, both<br />

the first day (day of the advertisement) and the last day (day of the hearing) shall be excluded. The following<br />

time-related terms shall have the meanings ascribed below.<br />

(1) Day means a calendar day unless working day is specified.<br />

(2) Week means seven calendar days.<br />

(c)<br />

clarification:<br />

Fractional numbers. When using fractional numbers, the following shall be used for<br />

(1) Except in acreage or density calculations, any numerical computation or measurement<br />

resulting in a fractional number, shall be rounded to the nearest whole number (a decimal of<br />

“5” in the tenth or hundredth positions shall be rounded up).<br />

(2) In the case of acreage calculation, any numerical computation or measurements shall be<br />

rounded to the nearest tenth (a decimal of "5" in the hundredth position shall be rounded up).<br />

(d) Conjunctions. Unless the context clearly indicates to the contrary, conjunctions shall be<br />

interpreted as follows.<br />

(1) "And" indicates that all connected items, conditions, provisions, or events shall apply.<br />

(2) "Or" indicates that one or more of the connected items, conditions, provisions or events shall<br />

apply.<br />

(3) "Either … or" indicates that the connected items, conditions, provisions, or events shall apply<br />

singly but not in combination.<br />

(e) Delegation of authority. Whenever a provision appears requiring the City manager, head of a<br />

department, or some other officer or employee to do some act or perform some duty, it shall be construed to<br />

authorize the City manager, head of the department, or other officer to designate, delegate and authorize<br />

subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise.


(f) Mandatory and discretionary terms. The terms "shall" and "must" are always mandatory.<br />

The term "may" is permissive.<br />

(g) Non-technical and technical words. Words and phrases shall be construed according to the<br />

common and approved usage of the language, but technical words and phrases and such others as may have<br />

acquired a peculiar and appropriate meaning in law shall be construed and understood according to such<br />

meaning.<br />

(h) Public officials, bodies and agencies. All public officials, bodies, and agencies to which<br />

reference is made are those of the City unless otherwise indicated.<br />

(i) Tense. Words used in the past or present tense include the future as well as the past or present<br />

unless the context clearly indicates the contrary.<br />

(j) Text. In case of any difference of meaning or implication between the text of this <strong>Title</strong> and<br />

any drawing or figure, the more restrictive shall control.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-1-202. Interpretation of zoning boundaries.<br />

(a) Applicability. These provisions apply to the interpretation of the location of zone boundaries<br />

shown on the official Zoning Map of the City.<br />

(b) Lot, block and tract lines. Zone boundaries indicated as approximately following platted lot<br />

lines, block or parcel tract boundaries shall be interpreted as following such lines.<br />

(c) Centerlines or edges. Zone boundaries indicated as approximately following the edge or<br />

centerline, as the case may be, of a street, alley, railroad, highway or other public way, incorporated<br />

municipality, floodplain, body of water, or topographic feature that was in existence when the boundary was<br />

established, shall be interpreted as following such edge or centerline.<br />

(d) Street abandonment. When a public road, street, or alley is officially vacated or abandoned,<br />

such property shall revert to the adjacent zoning. If a vacated street is adjacent to two zones, each zone shall<br />

extend to the centerline of the former right-of-way.<br />

(e) Uncertainties. Where physical or cultural features existing on the ground are at variance with<br />

those shown on the official Zoning Map, or in case any other uncertainty exists, the location of zone<br />

boundaries shall be determined by the Zoning Administrator, subject to appeal as provided in this <strong>Title</strong>.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-20, (d), 04-27-2004)<br />

Sec. <strong>89</strong>-1-203. Definitions.<br />

(a) General terms. As used in this <strong>Title</strong>, the words, terms and phrases defined in this subsection<br />

shall have the following meanings unless the context clearly indicates a contrary meaning:<br />

Abandoned sign means a sign that is left on a property for a period of time in excess of 45 calendar<br />

days after the business or use that it advertises has moved to another location or ceased doing business.<br />

Advanced life support (als) means the functional provision of advanced airway management,<br />

including intubation, advanced cardiac monitoring, manual defibrillation, establishment and<br />

maintenance of intravenous access, and drug therapy.


Accessory building or accessory structure means a building, or structure that is subordinate and<br />

incidental to the main building on the lot.<br />

Accessory Living Quarters means an area detached from the principal dwelling unit provided for<br />

guests, relatives, or domestic employees of the occupants of the principal dwelling, which may include<br />

cooking, sleeping and sanitary facilities, and which is not leased or rented, except to family members<br />

related by blood, marriage or adoption. The term shall not include "apartment" or "dwelling unit".<br />

Accessory use means a use, which is incidental and subordinate to a prescribed permitted use within<br />

any respective zoning provisions.<br />

Advertising sign or business sign means a sign that directs attention to a use, product, commodity, or<br />

service.<br />

A-frame sign means a freestanding, permanently permitted portable sign usually constructed of two<br />

separate sign faces attached at the top.<br />

Agricultural processing means initial processing of agricultural products that is reasonably required to<br />

take place in close proximity to the site where they are produced. Typical uses include sawmills and<br />

packing houses. Slaughterhouses are specifically excluded from this definition.<br />

Agricultural sales and service means an establishment primarily engaged in the sale or rental of farm<br />

tools and implements, feed and grain, tack, animal care products, propane, butane, anhydrous<br />

ammonia, farm supplies and the like, and including accessory food sales and machinery repair<br />

services. This definition shall also include greenhouses, which are used for wholesale and/or retail<br />

purposes.<br />

Agriculture means the growing of plants, crops, trees and other agricultural or forestry products,<br />

raising livestock or other commercial agricultural enterprises.<br />

Airport means any public or privately owned or operated ground facility designed to accommodate<br />

landing and takeoff operations of aircraft, including all necessary taxiways, aircraft storage and<br />

tie-down areas, hangars and other necessary buildings and open spaces.<br />

Airport elevation means the highest point of the airport's usable landing area measured in feet.<br />

Airport hazard means any structure or object or natural growth located on or in the vicinity of the<br />

airport, or any use of land near the airport, which obstructs the airspace required for the flight of<br />

aircraft in landing or takeoff at the airport, or is otherwise hazardous to such landing or takeoff aircraft.<br />

Airport height, for the purpose of determining the height limits in all zones set forth in this <strong>Title</strong> and<br />

shown on the Zoning Map, means vertical distance above the airport elevation unless otherwise<br />

specified.<br />

Airport reference point means the point established as the approximate geographic center of the<br />

airport landing area.<br />

Alley means a public thoroughfare for the use of pedestrians and vehicles that affords, or is designated<br />

or intended to afford, a secondary means of access to abutting properties.<br />

Animal crematorium means an establishment engaged in the preparation of deceased


domestic animals for cremation in properly installed, certified apparatuses intended for use in the act<br />

of cremation. Animal crematoriums may include storage of caskets, urns and related supplies.<br />

Animal specialties means the production of small animals and associated products. Typical uses<br />

include chicken and turkey raising, egg production, apiaries and aviaries.<br />

Animated sign means a sign with parts or sections that revolve or move or which has flashing or<br />

intermittent lights, but not including time and temperature signs or electronic message centers.<br />

Annual flowering plants means flowering plants which have a life span of only one growing season<br />

outdoors.<br />

Antenna means a transmitting or receiving device used in telecommunications that radiates or captures<br />

radio signals.<br />

Area of special flood hazard means the land located in a 100 year flood plain.<br />

Attached garage means a garage connected to a main building by a common or continuous building<br />

wall, a continuous foundation, or a continuous roofline.<br />

Auction means any sale where tangible goods, wares or merchandise are sold by an auctioneer who is<br />

either the agent for the owner of such property or is in fact the owner thereof.<br />

Auditorium or stadium means an open, partially enclosed or fully enclosed facility used or intended to<br />

be used primarily for spectator sports, entertainment events, expositions, and other public gatherings.<br />

Typical uses include convention and exhibition halls, sports arenas and amphitheaters.<br />

Awning sign means a sign constructed of a framework that is mounted to a building or canopy. The<br />

framework is usually covered with a light fabric that may be translucent. The awning cover may<br />

contain advertising or identifying copy, graphics, or design and may be back lighted. Awnings used<br />

strictly as protective structures for windows and doors and having no sign copy or design are not signs<br />

and may display the building address only.<br />

Back lighted sign means a sign with the light source positioned inside or behind the sign face, such as<br />

behind raised letters and awnings or inside sign cabinets, the lighting source of which is not itself<br />

visible to the observer.<br />

Bail bond service means an establishment, which provides sureties to procure the release of persons<br />

under arrest by becoming responsible for their appearance at the time and place designated.<br />

Bank or financial institution means an organization involved in deposit banking, finance, investment,<br />

mortgages, trusts and the like. Typical uses include commercial banks, credit unions, finance<br />

companies, and savings institutions. This definition also includes automated teller machines. This<br />

definition excludes check cashing credit services, bail bonds, and pawn shops.<br />

Banner means any cloth, bunting, plastic, paper, or similar material used for temporary advertising<br />

which is attached to or appended from a building.<br />

Base flood means a 100 year flood<br />

Basic industry means an establishment engaged in the basic processing and manufacturing of<br />

materials or products predominantly from extracted or raw materials or a use engaged in storage of, or


manufacturing processes utilizing, flammable or explosive materials or storage or manufacturing<br />

processes which potentially involve hazardous or commonly recognized offensive conditions.<br />

Typical uses include chemical manufacturing and warehousing, dry ice manufacturing, fat rendering<br />

plants, fertilizer manufacturing, fireworks and explosives manufacturing and warehousing, petroleum<br />

refineries, pulp processing and paper products manufacturing, radioactive materials manufacture or<br />

use, slaughterhouses, steel works, and tanneries.<br />

Bed and Breakfast means an owner-occupied structure that provides lodging rooms in which meals are<br />

provided to overnight guests, and that is open to the traveling public for a stay not to exceed 20 days.<br />

Bench sign means a sign that is applied to the back of a bench located at a bus stop designated by the<br />

Utah Transit Authority.<br />

Berm means a mound of earth, generally two to six feet high, used to shield, screen and buffer<br />

undesirable views and to separate land uses.<br />

Billboard sign means a freestanding ground sign designed or intended to direct attention to a business,<br />

product, or service that is not sold, offered or existing on the property where the billboard is located.<br />

Blood bank means an establishment primarily engaged in collection, storing, and distributing blood<br />

and blood products.<br />

Brewpub means a restaurant that prepares handcrafted natural beer as an accessory use intended for<br />

consumption on the premises. Production capacity shall be limited to less than 2,000 barrels (one<br />

barrel equals 31 gallons) per year. The area used for brewing and/or bottling shall not exceed 30% of<br />

the total floor area of the restaurants space.<br />

Bubbler means an irrigation head that delivers water to the root zone by “flooding” the planted area,<br />

usually measured in gallons per minute. Bubblers exhibit a trickle, umbrella or short stream pattern.<br />

Buffer means an area of land that is located adjacent to a designated sensitive slope area and provides<br />

a transition between the developable area and an undevelopable steep slope.<br />

Buildable Area means that portion of a lot or parcel where development activity, including staging,<br />

storage, stockpiling and the placement of improvements may take place and be located<br />

Building means a permanently located structure for the shelter, housing, or enclosure of any person,<br />

animal, article, or chattel.<br />

Building accents means architectural features on buildings, which enhance the appearance and design<br />

of a building. Building accents are similar, but not limited to, awnings, cornices, columns, courses,<br />

moldings, porticos, gables, quoins, etc.<br />

Building envelope means the designated area on a lot or parcel within which a building or accessory<br />

structure must be contained. A building envelope is exclusive of undevelopable, setback and buffer<br />

areas.<br />

Building facade means any exterior wall of a building including windows, doors and mansard, but not<br />

including a pitched roof.<br />

Building line means a line parallel to the front lot line and at a distance there from equal to the required<br />

depth of the front yard and extending across the entire width of the lot.


Building, main, means the principal building on a lot or building site designed or used to accommodate<br />

the primary use to which the premises are devoted. Where a permissible use involves more than one<br />

structure designed or used for the primary purpose, as in the case of apartment groups, each such<br />

permitted building on one lot as defined by this <strong>Title</strong> shall be construed as constituting a main<br />

building.<br />

Building permit means the permit required for new construction and additions pursuant to this <strong>Title</strong>.<br />

Bus Shelter means a covered three-sided structure intended to provide protection from the elements for<br />

people waiting for a bus at a designated UTA bus stop.<br />

Bus terminal means a building or premises for the transient housing or parking of commercial motor<br />

vehicles and for the pick up and discharge of fare-paying intercity passengers. Accessory uses may<br />

include ticket offices, luggage checking facilities and similar uses.<br />

Business equipment rental and supplies means an establishment primarily engaged in the sale, rental<br />

or repair of equipment and supplies used by office, professional and service establishments to<br />

businesses rather than to individuals. This definition excludes automotive, construction, and farm<br />

equipment. Typical uses include office equipment and supply firms, small business machine repair<br />

shops, and hotel equipment and supply firms.<br />

Business service means an establishment primarily engaged in the display, storage, and sale of goods<br />

or services used by office, professional, and service establishments.<br />

Capital budget means a separate budget dedicated to financing capital improvements.<br />

Capital facilities means any or all of the following facilities that have a life expectancy of ten or more<br />

years:<br />

a. Water rights and water supply;<br />

b. Water treatment and distribution facilities;<br />

c. Wastewater collection and treatment facilities;<br />

d. Storm water, drainage, and flood control facilities;<br />

e. Roadway facilities;<br />

f. Parks, recreation facilities, open space, and trails; and<br />

g. Public safety facilities.<br />

Carport means a covered automobile parking space with at least two sides open.<br />

Carwash means an establishment primarily engaged in cleaning or detailing motor vehicles, whether<br />

self-service, automatic, or by hand.<br />

Cemetery means land used or intended to be used for the burial of the dead, whether human or animal,<br />

including crematoriums and mausoleums.


Changeable copy sign means a sign on which the text or copy is changed manually or electrically.<br />

Check cashing credit service means an establishment engaged in providing credit intermediation and<br />

related activities that facilitate the lending of funds issuance of credit, or any other similar types of<br />

businesses licensed by the State pursuant to the Check Cashing Registration Act. Typical uses include<br />

check cashing services, payday advances/loans, short term loans, deferred deposit loans, and <strong>Title</strong><br />

loans. This definition excludes kiosks, banks and financial institutions, and investment companies.<br />

Church or place of worship means any structure or site such as a church, synagogue, chapel, sanctuary<br />

or cathedral, used for the collective or individual involvement with a religious activity, such as rites,<br />

rituals, ceremonies, prayers, and discussions.<br />

City means the City of <strong>West</strong> <strong>Jordan</strong>, Utah, a municipal corporation.<br />

City-Center means a traditional and urban downtown redevelopment area that has design features and<br />

a diversity and mix of uses not found in general commercial and office districts. Such uses include<br />

professional, residential, office, municipal and cultural uses and buildings set in a more pedestrian<br />

friendly atmosphere.<br />

City Council means the <strong>West</strong> <strong>Jordan</strong> City Council.<br />

Clear-vision zone means corner areas at intersecting streets and driveways in which unobstructed<br />

vision of motor vehicle operators is maintained and which are subject to the limitations set forth in<br />

<strong>West</strong> <strong>Jordan</strong> Municipal Code <strong>89</strong>-6-105.<br />

Club or service organization means an establishment or organization providing meeting, recreational<br />

or social facilities for a private or nonprofit association. Typical uses include lodges, meeting halls,<br />

recreation centers and areas operated by private social clubs, fraternal and service organizations.<br />

Clustering means a development or subdivision design that concentrates buildings or lots on a part of<br />

the site to allow the remaining land to be used for recreation, common open space, and/or preservation<br />

of environmentally sensitive areas.<br />

College or university means an institution of higher education offering undergraduate or graduate<br />

degrees and including such accessory uses as dormitories and stadiums.<br />

Commercial parking means a paved area or structure, other than a street, alley, or driveway,<br />

specifically designed and developed for the parking of motor vehicles on a temporary basis, other than<br />

accessory to a principal use.<br />

Concrete masonry units (CMU) means a type of building material used in the construction of walls,<br />

fences, building facades, etc., and includes dyed or tinted split-faced and smooth-faced block.<br />

Conditional use means a land use that, because of its unique characteristics or potential impact on the<br />

municipality, surrounding neighbors or adjacent land uses, may not be compatible in some areas or<br />

may be compatible only if certain conditions are required that mitigate or eliminate the detrimental<br />

impacts.<br />

Conditional use permit means the permission granted by City authorities to use properties under<br />

special circumstances and with specific requirements and conditions attached.<br />

Condominium means the ownership of a single unit in a multiunit project together with a common


undivided interest in the common areas and facilities of the property.<br />

Condominium project means a real estate condominium project; a plan or project whereby two or<br />

more units, whether contained in existing or proposed apartments, commercial, or industrial buildings<br />

or structures or otherwise, are separately offered or proposed to be offered for sale. This definition<br />

shall also mean the property when the context so requires.<br />

Conforming sign means a sign that meets all provisions of this <strong>Title</strong>.<br />

Conical roof means a cone-shaped roof.<br />

Consistent topography means the average percent of slope calculated between 10-foot contour<br />

intervals.<br />

Construction means the materials, architecture, assembly, and installation of a building or structure.<br />

Construction sales and rental means an establishment engaged in the retail or wholesale sale of<br />

materials and services used in the construction of buildings or other structures, as well as the outdoor<br />

storage of construction equipment or materials on lots other than construction sites and may also<br />

include facilities for service and maintenance of equipment that is sold or rented. Typical uses include<br />

lumber yards, home improvement centers, construction equipment sales and rental, electrical,<br />

plumbing, air conditioning and heating supply stores, swimming pool sales, construction and trade<br />

contractors' offices and storage yards, and public utility corporation storage yards. Equipment offered<br />

for sale or rental may include, but is not necessarily limited to, “semi” tractors and trailers, backhoes,<br />

road graders, construction tractors, farm tractors, plows, combines, flat bed trailers, well drilling<br />

equipment, dump trucks, and other similar products or equipment.<br />

Construction sign means a sign, on-premises or off-premises, which directs to, identifies or describes<br />

the development or construction of a use, building or buildings which are planned or currently<br />

underway located within the City boundaries.<br />

Context area means all adjacent parcels and property within approximately 1,000 feet of a<br />

development. The context area is utilized to show the relationship of a development to its adjacent<br />

setting.<br />

Convalescent care facility means an establishment providing bed care and in-patient services for<br />

persons needing regular medical attention but excluding a facility providing surgical or emergency<br />

medical services or providing care for mental illness or communicable disease. Typical uses include<br />

nursing homes and rest homes.<br />

Convenience store means an establishment, not exceeding 5,000 square feet of gross floor area,<br />

serving a limited market area and engaged in the retail sale or rental, from the premises, of food,<br />

beverages and other frequently or recurrently needed items for household use, excluding gasoline<br />

sales.<br />

Convention Center means a facility used for service organizations, business and professional<br />

conferences, and seminars limited to accommodations for conference attendees. Accommodations<br />

may include dining and recreation.<br />

Convertible land means a building site that is a portion of the common areas and facilities described by<br />

metes and bounds, within which additional units or limited common areas and facilities may be<br />

created pursuant to Utah Code Ann. tit. 57, ch. 8.


Cornice means the projection at the top of a wall; the top course or molding of a wall when it serves as<br />

a crowning member.<br />

Correctional facility means a facility providing housing and care for individuals legally confined for<br />

violations of law.<br />

Cul-de-sac means a street closed at one end by a circular area of sufficient size for convenient reversal<br />

of traffic movement.<br />

Cultural service means a library, museum or similar public or registered nonprofit organizational use<br />

displaying, preserving and exhibiting objects of community and cultural interest in one or more of the<br />

arts and sciences.<br />

Cut means the excavation of land into a hillside to create a flat area or to steepen a bank.<br />

Day care means an establishment that provides care, protection, and supervision for individuals on a<br />

regular basis away from their primary residences for less than 24 hours per day. The term does not<br />

include kindergartens, nursery schools, or other daytime programs operated by public or private<br />

elementary or secondary schools or institutions of higher learning; facilities operated in connection<br />

with a shopping center, or other principal activity, where children are cared for temporarily while<br />

parents or custodians of the children are occupied on the premises or are in the immediate vicinity and<br />

readily available; or special activities programs, including athletics, crafts instruction, and similar<br />

activities, conducted on a periodic basis by civic, charitable, and governmental organizations. For<br />

purposes of this <strong>Title</strong>, there are two types of day care centers. In computing the occupancy of the<br />

categories of day care centers listed below, all children, including children of the day care provider and<br />

children of employees, shall be counted:<br />

a. Day care, general, means a day care center that provides care, protection, and supervision<br />

for 12 or more individuals.<br />

b. Day care, limited, means a day care center that provides care, protection, and supervision<br />

for fewer than 12 individuals.<br />

Decibel (dB) means a unit of measure used to express intensity of noise.<br />

Declaration means the instrument by which property is submitted to the provisions of the Utah<br />

Condominium Ownership Act.<br />

Dedication means the setting aside of land, by an owner, for any general and public uses, reserving for<br />

himself no other rights than such as are compatible with the full exercise and enjoyment of the public<br />

uses to which the property is devoted. The intention to dedicate shall be evidenced by the owner by the<br />

presentment for filing of a final plat showing dedication thereon. The acceptance thereof by the City<br />

for public use shall be evidenced by the approval of such plat for recording as provided in this <strong>Title</strong>.<br />

Department store Large means a business conducted under a single owner’s name wherein a variety of<br />

unrelated merchandise and services are housed, exhibited and sold directly to the customer and having<br />

50,000 square feet or more of floor space.<br />

Department Store, Small means a business conducted under a single owner’s name wherein a variety<br />

of unrelated merchandise and services are housed, exhibited and sold directly to the customer and<br />

having less than 25,000 square feet floor space.


Depth means the least horizontal distance between the front and rear lot lines and the building.<br />

Developer means the person, association, or corporation developing or causing to be developed the<br />

property subject to the provision of this <strong>Title</strong>. For the purposes of residential construction outside of a<br />

recorded subdivision the applicant for the building permit shall be deemed to be the developer and<br />

shall comply with all applicable requirements of this <strong>Title</strong>.<br />

Development means any man-made change to improved or unimproved real estate, including but not<br />

limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or<br />

drilling operations. Development also means the property being developed and/or subdivided, or the<br />

act, process or result of developing.<br />

Development activity means any construction or expansion of a building, structure or use, any change<br />

in use of a building or structure, or any changes in the use of land that creates additional demand and<br />

need for capital facilities.<br />

Development site means the total area of:<br />

a. A subdivision, as defined in the <strong>West</strong> <strong>Jordan</strong> City Subdivision Ordinance.<br />

b. A Planned Development as defined in this <strong>Title</strong>.<br />

c. A tract, lot or parcel of land intended to be used as a residential, commercial, public,<br />

quasi-public, utility or other building site.<br />

Directional sign means an on-premise or off-premise sign which provides direction to a site, facility,<br />

business, or area.<br />

Directory Sign means a variation of a monument or wall sign on which the names and locations of<br />

occupants or the use of a building or property are identified, but which does not include any<br />

advertising message.<br />

Distribution Uniformity means a measurement of an irrigation system’s ability to distribute water<br />

evenly over the surface of the landscape, calculated with the “lower quarter method” as used by the<br />

Irrigation Association, and expressed in terms of percentage (%), where 0% is worst and 100% is best.<br />

Dormer means a vertical window projecting from the slope of a roof usually provided with its own<br />

roof.<br />

Double-hung window (6/6 or 12/12) means a window which consists of two panes of glass, each of<br />

which is divided into six or 12 smaller panes by a gridded sash.<br />

Downtown action plan means the document that was created by the City assistance team, sponsored by<br />

the American Institute of Architects, to identify unique characteristics, standards, needs and vision for<br />

the cooperative revitalization of the downtown area and used by the City to plan for the development<br />

or redevelopment of the targeted area.<br />

Drip Emitter means drip irrigation fittings that deliver water slowly at the root zone of the plant,<br />

usually measured in gallons per hour.


Dwelling or dwelling unit means a building or portion of a building designed or used for residential<br />

occupancy by one family, which has one kitchen and at least one bathroom.. Dwellings do not include<br />

structures such as tents, motor homes, trailers, motels, motor lodges, and hotels which are designed for<br />

temporary or transient human occupancy.<br />

Dyed or tinted block means a block that has been colored during the manufacturing process so that if<br />

chipped or split (meaning split-faced) the color is consistent throughout the block. This definition<br />

does not include painting, staining or other colorizing methods. Gray block is not considered to be<br />

dyed or tinted.<br />

Earth tone colors means a color that is any of various rich warm colors with tones of brown or<br />

red-brown.<br />

Easement means that portion of a lot or lots reserved or granted for the present or future use to a person<br />

or agency other than the legal owner or owners of such property or properties. The easement may be<br />

for a use under, on, or above the surface of such lot or lots.<br />

Elderly person means a person who is 60 years old or older.<br />

Electronic message sign means a display consisting of an array of light sources, panels, or disks that<br />

are electronically activated.<br />

Evapotranspiration means the quantity of water evaporated from adjacent soil surfaces and transpired<br />

by plants during a specific time, expressed in inches per day, month or year.<br />

Evergreen means a plant having foliage that remains on the plant throughout the year.<br />

External illumination means lighting which illuminates a building or structure from a remote position<br />

or from outside of the building or structure.<br />

FAA means the Federal Aviation Administration.<br />

Façade means that exterior side of a building which faces, and is most nearly parallel to, a public or<br />

private street. The facade shall include the entire building walls, including wall faces, parapets, fascia,<br />

windows, doors, canopies, and visible roof structures of one complete elevation.<br />

Family or household means two or more persons related by blood, marriage, or adoption, or foster<br />

children living together in a dwelling unit, or up to five unrelated individuals living together in and<br />

occupying a family dwelling unit. A group of handicapped or elderly individuals living in a special<br />

residence is allowed by this <strong>Title</strong>. Up to two other persons who are hired for compensation such as<br />

nannies, servants, gardeners, custodians, or security guards may reside in the same premises with any<br />

family.<br />

Fan light means a semicircular or fan-shaped window with a radiating glazing bar system, usually<br />

found over entrance doors.<br />

Farmers Market means the temporary/seasonal selling of homemade goods, home-grown vegetables<br />

or produce occurring in a pre-designated area.<br />

Fast food restaurant means an establishment in which the principal business is the sale of food and<br />

beverages to the customer in a ready-to-consume State, where food is generally served in edible or<br />

disposable wrapping or containers, and where food and beverages may be served directly to the


customer in a motor vehicle.<br />

Fence means a structure serving as an enclosure, barrier or boundary, which defines a private space<br />

and enhances the design of an individual site.<br />

Fenestration means the arrangement, proportioning, and design of windows and doors on a structure.<br />

Fill means depositing of land, added upon the surface of the ground, resulting in an increase in the<br />

natural surface elevation.<br />

Fire suppression means the activities involved in controlling and extinguishing fires.<br />

First responder (EMS) means functional provisions of initial assessment (i.e., airway, breathing, and<br />

circulatory systems) and basic first aid intervention, including CPR and automatic external<br />

defibrillator (AED) capability.<br />

Fixed Sprinkler Head means an irrigation head that does not rotate.<br />

Flood or flooding means a general and temporary condition of partial or complete inundation of<br />

normally dry land areas from the overflow of inland waters and/or the unusual and rapid accumulation<br />

of runoff of surface waters from any source.<br />

Flood discharge means the quantity of water flowing down a stream valley that is the result of the<br />

runoff from rainfall, snow melt, or a combination of both, measured in cubic feet per second (CFS) or<br />

gallons per minute.<br />

Flood, 100 Year, means a flood having a one percent chance of being equaled or exceeded in any given<br />

year.<br />

Flood insurance rate map (FIRM) means an official map of a community, on which the Federal<br />

Emergency Management Agency has delineated both the special hazard areas and the risk premium<br />

zones applicable to the community.<br />

Floodplain means the relatively flat area or lowlands adjoining a river, stream, watercourse, ocean, or<br />

lake, which have been or may be covered by floodwater. For purposes of this <strong>Title</strong>, floodplain shall be<br />

that area designated on the official floodplain map, which shall be based upon the intermediate<br />

regional floodplain as established by the U.S. Army Corps of engineers.<br />

Floor area, total, means the square foot area of a building, including any accessory buildings,<br />

measured from outside wall surfaces and including basements, garages, porches, utility rooms,<br />

stairways, recreation rooms, and storage rooms but excluding unroofed balconies and patios.<br />

Freestanding sign means a sign that is self-supported by poles, pylons, or other structural supports<br />

mounted in the ground.<br />

Freeway-oriented sign means an on-premise sign located on a regional commercial SC-3 site which is<br />

adjacent to a limited access highway or freeway.<br />

Freight terminal means a building or area in which freight brought by motor trucks or rail is assembled<br />

and/or stored for routing in intrastate or interstate shipment by motor truck or rail.<br />

Fuel Break means a strategically located strip or block of land, varying in width, on which vegetation


has been modified to provide a safer place for firefighters to work and to help reduce the rate of fire<br />

spread.<br />

Funeral home means an establishment engaged in the preparation of funeral services. Uses may<br />

include the preparation of the human deceased for burial or cremation, for the display of the deceased<br />

and/or for ceremonies or services related thereto. Funeral homes may include facilities for cremation<br />

and/or embalming and for the storage of caskets, funeral urns, funeral vehicles, and other funeral<br />

supplies. Funeral homes may also be known as funeral parlors or mortuaries. Use excludes animal<br />

crematorium.<br />

Garage means a building designed for the parking or temporary storage of automobiles of the<br />

occupants of the premise.<br />

Garden center means an establishment primarily engaged in the retail sales of horticultural specialties,<br />

such as flowers, shrubs, and trees, intended for ornamental or landscaping purposes.<br />

Gas and fuel, storage and sales means the use of a site for bulk storage and wholesale distribution of<br />

flammable liquid, gas or solid fuel, excluding belowground storage that is clearly ancillary to an<br />

allowed principal use on the site.<br />

Gasoline service station means an establishment engaged in the retail sales of gasoline and petroleum<br />

products. This definition includes gasoline sales conducted as part of a convenience store.<br />

Gazebo means a small summerhouse or other space with a view; usually found in a garden or yard, but<br />

may also be incorporated into the facade of a building.<br />

General office means a building, room or department where executive, management, administrative or<br />

professional services are provided, except medical services, and excluding the sale of merchandise,<br />

except as incidental to a principal use. Typical uses include real estate brokers, insurance agencies,<br />

credit reporting agencies, property management firms, investment firms, employment agencies, travel<br />

agencies, advertising agencies, secretarial services, data processing, telephone answering, telephone<br />

marketing, paging and beeper services, and facsimile transmission services; post offices and express<br />

mail offices, excluding major mail processing and distribution; offices for utility bill collection;<br />

professional or consulting services in the fields of law, architecture, design, engineering, accounting,<br />

and similar professions; interior decorating consulting services; and business offices of private<br />

companies, utility companies, public agencies, trade associations, unions, and nonprofit organizations.<br />

General Plan means a document adopted by the City Council that sets forth general guidelines for<br />

proposed future development of the land within the City.<br />

General repair service means an establishment providing repair services not included in the definition<br />

vehicle and equipment repair, general, or in the definition repair services, limited.<br />

General retail means an establishment providing general retail sales or rental of goods, but excluding<br />

those uses specifically classified in another use category in this section. Typical uses include apparel<br />

stores, antique shops, art and hobby supply stores, bicycle shops, bookstores, clothing rental stores,<br />

department stores, discount stores, drugstores, electronic appliance stores, florists, food stores,<br />

furniture and appliance stores, gift and novelty shops, glass and mirror shops, hardware stores, jewelry<br />

stores, medical supply stores, music stores, optical retail sales, paint stores, pet stores, photocopying<br />

and blueprinting shops, photography supply stores, record, tape and video stores, sporting goods<br />

stores, toy stores, and variety stores.


General wholesale and warehousing means an establishment that is primarily engaged in the storage<br />

and sale of goods to other firms for resale, as well as activities involving significant movement and<br />

storage of products or equipment. Uses include major mail distribution centers, frozen food lockers,<br />

moving and storage firm, and warehousing and storage facilities<br />

Golf course means a facility providing private or public golf recreation services and support facilities,<br />

excluding miniature golf facilities.<br />

Government service means any building or facility owned or operated by a government entity and<br />

providing services for the public, excluding utilities and recreational services. Typical uses include<br />

administrative offices of government agencies and utility billing offices.<br />

Grading means the act or result of digging, excavating, transporting, spreading, depositing, filling,<br />

compacting, settling, or shaping of land surfaces and slopes, and other operations performed by or<br />

controlled by human activity involving the physical movement of rock or soil.<br />

Ground cover means material planted in such a way as to form a continuous cover over the ground that<br />

can be maintained at a height not more than twelve (12) inches.<br />

Hardscape means patios, decks and paths. Does not include driveways and sidewalks.<br />

Health and Fitness Facility means a facility designed for the major purpose of physical fitness or<br />

weight reducing which includes, but is not limited to, such equipment as weight resistance machines,<br />

indoor tracks, gymnasiums, whirlpools, saunas, swimming pools, showers, and lockers.<br />

Height of building or structure means the vertical distance measured from the average elevation of the<br />

finished grade adjacent to the point of measurement to the highest point of the coping of a flat roof, or<br />

to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped<br />

roof. The height of a stepped or terraced building is the maximum height of the highest structural<br />

element of the building. Height, where not regulated in feet, shall be regulated by stories, and a story<br />

shall be equal to 12 feet for purposes of measuring structures other than buildings.<br />

Historic building means any building listed in the National Register of Historic Places, or on the Utah<br />

State Register of Historic Sites or otherwise determined to have historic or architectural significance<br />

by the Planning Commission.<br />

Historical marker or monument means a memorial sign describing or identifying an historical building<br />

or structure or the site of an historical event.<br />

Home occupation means a business, profession, occupation or trade licensed to be conducted entirely<br />

within a dwelling pursuant to the business license ordinance. A home occupation is a residential<br />

accessory use so located and conducted that the average neighbor, under normal conditions, would not<br />

be aware of its existence.<br />

Horizontal living space means the total square footage of living space on a horizontal plane above<br />

ground level contained within the maximum horizontal perimeter.<br />

Hospital means an institution that offers services more intensive than those required for room, board,<br />

personal services, and general nursing care; offers facilities and beds for use beyond 24 hours by<br />

individuals requiring diagnosis, treatment, or care for illness, injury, deformity, infirmity,<br />

abnormality, disease, or pregnancy; and regularly makes available at least clinical laboratory services,


diagnostic X-ray services, and treatment facilities for surgery or obstetrical care or other definitive<br />

medical treatment of similar extent. This use may include offices for medical and dental personnel,<br />

central service facilities such as pharmacies, medical laboratories and other related uses.<br />

Hotel means an establishment providing, for a fee, sleeping accommodations and customary lodging<br />

services, including maid service, the furnishing and upkeep of furniture and bed linens, and telephone<br />

and desk service. Related ancillary uses may include but shall not be limited to conference and<br />

meeting rooms, restaurants, bars, and recreational facilities.<br />

Household pet means animals ordinarily permitted in the house and/or kept for company or pleasure,<br />

not for profit, such as dogs, cats, pigeons, or rabbits, but not including chickens, ducks, geese, or other<br />

domestic farm animals nor any animals which are likely to inflict harm or discomfort or endanger the<br />

health, safety, or welfare of any person or property.<br />

Human scale means the relationship between the pedestrian and the built environment, which allows<br />

for and encourages interaction through the implementation of elements which offer walks through<br />

visually interesting and positive streets and spaces, creating opportunities for positive experiences,<br />

and providing a comfortable and safe environment in which people may interact. Buildings ranging in<br />

height from two to six stories, trees and pedestrian scaled signs and streetlights, textured pedestrian<br />

paths and semiprivate spaces all enhance this positive scale, thus de-emphasizing the role of the<br />

automobile.<br />

Identification sign means an on-premises sign that indicates the identity of the owner or occupant of a<br />

parcel, structure or use.<br />

Illuminated sign or lighted sign means a sign equipped with artificial lighting devices for the purpose<br />

of improving the sign's visibility.<br />

Impact fee means a payment of money imposed upon development activity as a condition of<br />

development approval.<br />

Indoor recreation and entertainment means an establishment offering recreation, entertainment, or<br />

games of skill to the general public or members that is wholly enclosed in a building. Typical uses<br />

include bowling alleys, indoor theaters, bingo parlors, pool halls, billiard parlors, video game arcades,<br />

racquetball and handball courts, and amusement rides.<br />

Inflated sign means any advertising device that is supported by heated or forced-air or lighter-than-air<br />

gases.<br />

Initial full alarm assignment means those personnel, equipment, and resources ordinarily dispatched<br />

upon notification of a structural fire.<br />

Intensity means the degree of a quantitative or qualitative measurement associated with a use of land<br />

or building which impacts surrounding property owners.<br />

Irrigated Landscaped Area mean all portions of a development site to be improved with planting and<br />

irrigation. Natural open space areas shall not be included in the Irrigated Landscaped Area.<br />

Irrigation Contractor means a person authorized by Utah state law to install landscape irrigation<br />

systems.<br />

Irrigation Designer means a person authorized by Utah state law to prepare irrigation plans, including


Landscape Architects, Architects, Engineers, Land Surveyors, and Landscape Contractors.<br />

Irrigation Plan means the irrigation plan shall be shown at the same scale as the planting plan. The<br />

irrigation plan shall show the components of the irrigation system with water meter size, backflow<br />

prevention, precipitation rates, flow rate and operating pressure for each irrigation circuit, and<br />

identification of all irrigation equipment.<br />

Junk yard and salvage yard means a lot, land, or structure or part thereof used primarily for the<br />

collecting, storage, and sale of wastepaper, rags, scrap metal, or discard material or for the collecting,<br />

dismantling, storage, and salvaging of parts for sale of machinery or vehicles not in running condition<br />

or for the temporary impoundment of motor vehicles accessory to a towing service.<br />

Kennel means a licensed, commercial establishment where animals are boarded or temporarily<br />

sheltered.<br />

Kiosk means a freestanding structure located within a well-traveled pedestrian circulation area and<br />

used for such things as posting of notices or advertisements, or for the sale of food, flowers,<br />

newspapers, or other goods as approved by the City.<br />

Kitchen means any room and/or other place used or intended or designed to be used for cooking or for<br />

the preparation of food.<br />

Landscape Architect means a person who holds a license to practice landscape architecture in the state<br />

of Utah.<br />

Landscape Designer means a Landscape Architect, Professional Engineer, Land Surveyor, or<br />

Architect, as set forth by State Law.<br />

Landscape Irrigation Auditor means a person who has been certified by the Irrigation Association to<br />

conduct a landscape irrigation audit (known as “CLIA” certification).<br />

Landscape open space means the area behind the landscape setback minus building footprint areas and<br />

minus 90 percent of the hard surface area (parking lots, etc.). The resulting computation shall be used<br />

to determine the number of trees required in commercial, business, and industrial zones.<br />

Landscape Plan means the preparation of a graphic and written criteria, specifications, and detailed<br />

plans to arrange and modify the effects of natural features such as plantings, ground and water forms,<br />

circulation, walks and other features to comply with the provisions of this ordinance.<br />

Landscape Plan Submittal Fee means fees charged by the City to developers upon submitting<br />

landscape plans for approval to cover costs of plan reviews, field inspections, and irrigation audits.<br />

See official City Fee Schedule.<br />

Landscape setback means the area dedicated to street planting running parallel to the front of the<br />

property (or side of the property when adjacent to a public roadway) ten feet in depth measured from<br />

the back of curb, or where curb is nonexistent, the right-of-way line. This area includes the park strip<br />

and sidewalk where they exist.<br />

Landscape Water Allowance means for design purposes, the upper limit of annual applied water for<br />

the established landscaped area. It is based upon the local Reference Evapotranspiration Rate, the ET O<br />

adjustment factor and the size of the landscaped area.


Landscape Zone means a portion of the landscaped area having plants with similar water needs, areas<br />

with similar microclimate (i.e., slope, exposure, wind, etc.) and soil conditions, and areas that will be<br />

similarly irrigated. A landscape zone can be served by one irrigation valve, or a set of valves with the<br />

same schedule.<br />

Landscaping means any combination of living plants, such as trees, shrubs, vines, ground covers,<br />

flowers, or grass; natural features such as rock, stone, or bark chips; and structural features, including<br />

but not limited to, fountains, reflecting pools, outdoor art work, screen walls, fences or benches.<br />

Large scale public utility means, but is not necessarily limited to, the following:<br />

a. Electric power transmission lines with a capacity of 69 kV or greater.<br />

b. Gas transmission lines with a design pressure of 600 psi or greater and pipe diameter of 16<br />

inches or larger.<br />

c. Water transmission lines with a capacity of 200 second feet or greater.<br />

d. Communication towers.<br />

e. Any rights-of-way, service driveways or accessory structures that are appurtenant to the<br />

uses listed in subsections a. through d. of this definition.<br />

Lattice tower means a self-supporting, multiple-sided, open steel frame structure used to support<br />

telecommunication equipment.<br />

Laundry or dry cleaning, limited, means an establishment providing household laundry and dry<br />

cleaning services, classified as low hazard in applicable codes, with customer drop-off and pick-up; or<br />

an establishment providing home-type washing, drying and/or ironing machines for hire to be used by<br />

customers on the premises. This term "limited laundry and dry cleaning" excludes large-scale dry<br />

cleaning activities permitted under the definition, laundry service, in subsection (e) of this section.<br />

Laundry services means an establishment primarily engaged in the large-scale cleaning of laundry or<br />

that includes dry cleaning activities other than those classified as low hazard in applicable costs. The<br />

term excludes the limited laundry activities permitted under the definition, “laundry or dry cleaning,<br />

limited”.<br />

Limited repair services means an establishment primarily engaged in the provision of repair services<br />

to individuals and households rather than firms, but excluding automotive and equipment services<br />

uses. Typical uses include appliance repair shops, furniture repair and upholstery shops, watch or<br />

jewelry repair shops, and musical instrument repair shops.<br />

Limited wholesale and warehousing means an establishment that is engaged in the small scale storage<br />

and sale of goods to other businesses for resale, excluding self-storage warehouses, major distribution<br />

centers, motor freight terminals, moving and storage firms and similar high volume, high turnover<br />

facilities. Limited wholesale and warehouse area will generally be less than 50,000 square feet in area<br />

and operate during conventional business hours.<br />

Liquor store means an establishment primarily engaged in the sale of alcoholic beverages for off-site<br />

consumption.<br />

Living space means the living space area, which shall be calculated from the horizontal exterior


dimensions of all levels excluding porches, garages, patios, decks, and unoccupied structures.<br />

Lot means a parcel of real property shown as a delineated parcel of land with a number and designation<br />

on the final plat of a recorded subdivision or a parcel of real property defined by metes and bounds<br />

containing not less than the minimum area and width required in the zone in which it is located<br />

together with such yards, open spaces, lot width and area as required by this <strong>Title</strong>. (See diagram below<br />

definition):<br />

a. Through Lot means a lot that fronts on two or more public or approved private streets<br />

where at least two of the frontages include both the front and rear of the lot. Additional<br />

street frontages may be present on the sides of the lot, thereby creating a corner lot in<br />

addition to a through lot.<br />

b. Flag Lot means a lot where the bulk of the lot does not directly front onto a street, but is<br />

instead generally located behind another lot (or lots) and is only accessed from a public or<br />

approved private street through a narrow access drive that is also a part of the same lot.<br />

c. Corner Lot means a lot situated at the intersection of two streets or a lot which occupies<br />

an interior angle of less than 135 degrees, formed by the intersection of two streets.<br />

d. Interior Lot means a lot fronted on one side by a street.<br />

e. Irregular Lot means a lot of such a shape or configuration that technically meets the area,<br />

frontage, and width depth requirements of this ordinance but is unusual in elongations,<br />

angles, curvilinear lines unrelated to topography or other natural features. Irregular<br />

shaped lots include triangle, gore, or pie-shaped lots.


Lot area means the total area measured on a horizontal plane included within the lot lines of a lot or<br />

parcel of land.<br />

Lot coverage means the total horizontal area of a lot or parcel covered by any building or structure,<br />

w hich extends above the surface of the ground level and including any covered automobile parking<br />

spaces.<br />

Lot depth means the mean distance from the front lot line to the rear lot line.<br />

Lot frontage means the distance a lot extends along a street usually measured along the front lot line.<br />

Lot line, front, means a line separating a lot from a street.<br />

Lot line, rear, means the line or lines most distant from and generally opposite the front lot line, except<br />

that in the case of an interior triangular or gore-shaped lot, it shall be a constructive straight line ten<br />

feet in length which is parallel to the front lot line or its chord and intercepts the two side lot lines at<br />

points most<br />

distant from the front lot line.<br />

Lot line, side, means any lot boundary line which is not a front lot line or rear lot line.


Lot width means the distance between the side lines of a lot or parcel, measured at the front setback<br />

line.<br />

Low power radio service facility or wireless telecommunications facility means an unmanned<br />

structure which consists of equipment used primarily for the transmission, reception, or transfer of<br />

voice or data through radio wave or (wireless) transmissions. Such sites typically require the<br />

construction of transmission support structures to which antenna equipment is attached. Low power<br />

radio services facilities include "cellular" or "PCS" (personal communications system)<br />

communications and paging systems.<br />

Low profile sign means a sign that does not exceed four feet in height or six feet in height if mounted<br />

on a maximum of two feet of landscaped berm.<br />

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished<br />

or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an<br />

area other than a basement area, is not considered a building's lowest floor, provided that such<br />

enclosure is not built so as to render the structure in violation of the applicable non-elevation design<br />

requirements of this <strong>Title</strong>.<br />

Low-maintenance sign means a sign composed of sign materials that do not require frequent<br />

replacement, painting, or refurbishing as a result of exposure to the elements.<br />

Manufactured home means a transportable factory-built housing unit constructed on or after June 15,<br />

1976, according to the Federal Home Construction and Safety Standards Act of 1974 (HUD Code), in<br />

one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet<br />

or more in length, or when erected on site, is 400 or more square feet; is built on a permanent chassis<br />

and designed to be used as a dwelling with or without a permanent foundation when connected to the<br />

required utilities; includes plumbing, heating, air-conditioning and electrical systems; and is identified<br />

by the manufacturer's data plate bearing the date the unit was manufactured and a HUD label attached<br />

to the exterior of the home certifying the home was manufactured to HUD standards. For floodplain<br />

management purposes, this definition also includes mobile homes, travel trailers, and other similar<br />

vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, this definition<br />

does not include mobile homes, travel trailers, and other similar vehicles.<br />

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into<br />

two or more manufactured home lots for rent or sale.<br />

Manufacturing, general, means an establishment engaged in the manufacture, predominantly from<br />

previously prepared materials, of finished products or parts, including processing, fabrication,<br />

assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of<br />

such products, but excluding basic industrial processing and manufacturing activities for the sole<br />

purpose of retail sales on the premises.<br />

Manufacturing, limited, means an establishment engaged in the limited processing, fabrication,<br />

assembly and packaging of products utilizing processes that have no noise, odor, vibration or other<br />

impacts discernible external to the building.<br />

Masonry means stone, brick, dyed block or split-faced dyed concrete block. Masonry shall not include<br />

stucco.<br />

Media service means an establishment primarily engaged in the provision of broadcasting and other


information relay services accomplished through the use of electronic and telephonic mechanisms,<br />

including radio, television, film, or sound recording studios.<br />

Median means an area in the approximate center of a public or private street that is used to separate the<br />

directional flow of traffic and may act as a landscape buffer, which may contain left-turn lanes, and is<br />

demarcated by curb and guttering.<br />

Medical or dental laboratory means an establishment engaged in conducting basic medical or dental<br />

research and analysis. This term does not include a facility providing any type of in-house patient<br />

services typically provided by hospitals and clinics.<br />

Medical service means an establishment providing therapeutic, preventive, or corrective medical<br />

treatment on an out-patient basis by physicians, dentists and other practitioners of the medical or<br />

healing arts, as well as the provision of medical testing and analysis services. Typical uses include<br />

medical and dental offices and clinics, blood banks, and medical or dental laboratories.<br />

Military facility means a premises or facility owned and operated by the Federal or State government<br />

for civil defense or military purposes. Uses include command centers, military airfields, military<br />

bases, storage depots and training bases.<br />

Mineral extraction means removal of sand, gravel, dirt, or other nonferrous materials by grading or<br />

excavating.<br />

Mixed-use development means a building or groups of buildings designed to encourage a diversity of<br />

compatible land uses, which include a mixture of two or more of the following uses: residential, office,<br />

retail, service, recreational, and other similar (non-industrial) uses.<br />

Mobile home means a transportable, factory-built housing unit built prior to June 15, 1976, in<br />

accordance with a State mobile home code, which existed prior to the Federal Manufactured Housing<br />

and Safety Standards Act.<br />

Mobile home park means a parcel ten acres or larger in size under single ownership designed and<br />

planned to accommodate the placement of mobile or manufactured homes on leased or rented pads or<br />

lots.<br />

Mobile home subdivision means a platted and recorded subdivision zoned and designed for mobile,<br />

manufactured or modular home use where mobile, manufactured or modular homes are placed on<br />

permanent foundations.<br />

Monopole means a single cylindrical steel or wooden pole that acts as the support structure for<br />

antennas.<br />

Monument sign means a freestanding identification, advertising or business sign which is supported by<br />

a pole or base having a combined width greater than two feet which is mounted permanently in the<br />

ground.<br />

Motel means a building or series of buildings in which rentable sleeping accommodations are made<br />

available in rooms for rent, primarily for the lodging of automobile travelers. A motel may be<br />

distinguished from a hotel primarily through the provision of direct independent access from an<br />

adjoining parking area for each rental unit.<br />

Motor home means a motor vehicle built on a truck or bus chassis and designed to serve as


self-contained living quarters for recreational travel and use.<br />

Motor vehicle means an automobile, truck, trailer, boat, motorcycle, off road vehicle, or other similar<br />

device in which a person or thing is, or can be, transported from one place to another.<br />

Motor vehicle dealer means a person who is licensed to sell new, used, or new and used motor vehicles<br />

and who sells, displays for sale, or offers for sale or exchange three or more new or used motor<br />

vehicles in any 12-month period.<br />

Motor vehicle sale and service means an establishment engaged in the retail or wholesale sale or<br />

rental, from the premises, of new or used motor vehicles. Such establishments may also rent and/or<br />

provide service and maintenance for motor vehicles.<br />

Movable sign means any sign which is prominently displayed to identify, advertise, direct, or promote,<br />

any person, product, company, entity of service, and which is movable in nature such as A-frames,<br />

pedestal, signs on vehicles, banners attached to freestanding poles, or similar signs which are not<br />

permanently installed in the ground.<br />

Mulch means any material such as bark, wood chips or other materials left loose and applied to the<br />

soil.<br />

Multiple-family dwelling means a building constructed entirely on site, which is designed for<br />

occupancy by three or more families or households living independently of each other and containing<br />

three or more dwelling units.<br />

Multi-story dwelling means a dwelling built so that the first level (story) is on one level and covers the<br />

entire foundation or basement. Additional living space is built above the main level giving a second<br />

(or more) story to the house.<br />

Nameplate sign means a wall sign indicating the name and/or occupation of a person or persons<br />

residing on the premises or legally occupying the premises, or indicating a home occupation legally<br />

existing on the premises.<br />

Neighborhood entryway sign means a permanent sign used to identify the main entrance(s) of a<br />

neighborhood located on collector and arterial streets, which is incorporated into an approved wall or<br />

fence.<br />

New motor vehicle means a motor vehicle that has never been titled or registered and has been driven<br />

less than 7,500 miles.<br />

Non-Commercial Sign means any structure, housing, sign, device, figure, statuary, painting, display,<br />

message, placard or other contrivance, which is designed, constructed, created, engineered, intended<br />

or used to provide data or information that does not do any of the following:<br />

a. Advertise a product or service for profit or for a business purpose;<br />

b. Propose a commercial transaction; or<br />

c. Relate solely to economic interests.<br />

Nonconforming lot means a lot that legally existed before its current zoning designation and because<br />

of subsequent zoning changes, does not conform<br />

to the lot size or other dimensional or property


development standards applicable in the zone where the lot is located.<br />

Nonconforming structure means a structure that legally existed before its current zoning designation<br />

and because of subsequent zoning changes, does not conform to the setback restrictions, height<br />

restrictions, or other applicable requirements of this <strong>Title</strong>.<br />

Nonconforming use means a use of land that legally existed before its current zoning designation, has<br />

been maintained continuously since the time the zoning regulation governing the land changed, and<br />

because of subsequent zoning changes, does not conform with applicable requirements of this <strong>Title</strong>.<br />

Off-premise sign means a sign indicating the availability of goods or services at a location other than<br />

the location of the sign.<br />

On-premise sign means a sign located on the property that it serves.<br />

One-level dwelling means a dwelling with one living level, built upon a foundation or basement or<br />

combination of the two (a rambler or split entry are typical of this type of dwelling).<br />

Open land means land designated as undevelopable, land to be preserved in it’s natural State, or as<br />

common or public open land to be used for visual relief or for recreational purposes.<br />

Open space means any area or portion of vegetated land, either landscaped or essentially unimproved,<br />

which is used to meet human recreational, buffering or spatial needs, or to protect water, air or<br />

vegetation areas. Landscaping, walkways, patio areas, light poles and other ornamental features shall<br />

not be considered as obstructions for purposes of this definition.<br />

Operations center means a maintenance, repair or service facility operated by a local, State or Federal<br />

government agency.<br />

Outdoor recreation and entertainment means an establishment offering recreation, entertainment or<br />

games of skill to the general public or members wherein any portion of the activity takes place in the<br />

open. Typical uses include archery ranges, batting cages, golf driving ranges, drive-in theaters,<br />

miniature golf courses, tennis courts, and amusement rides.<br />

Park means a publicly or privately-owned park, playground, or other area or open space providing<br />

opportunities for active or passive recreational or leisure activities.<br />

Park-and-ride lot means an off-street parking area or structure intended to provide for the peripheral<br />

collection of vehicles to accommodate commuter traffic into or out from a community.<br />

Parking, off-site - The use of a lot for required or additional parking that is separate from the lot of the<br />

principal use.<br />

Parking, shared - The provision that two or more uses in a development area may share parking<br />

facilities to fulfill their individual parking requirements because their prime operational hours do not<br />

overlap.<br />

Parking space means an area designated within a parking area for the parking of a single motor<br />

vehicle.<br />

Parking strip means the area within a street right-of way located between the curb and sidewalk or, if<br />

there<br />

is no sidewalk, between the curb and private property line.


Pawnshop means an establishment engaged in lending money on security of personal property, as well<br />

as selling property, which is not reclaimed.<br />

Pedestal sign means a movable sign supported by a column or columns and a base.<br />

Pedestrian-friendly – Street, site and building design that creates a safe, comfortable and aesthetic<br />

environment for people who are walking or biking. Pedestrian-friendly developments shall place<br />

primary emphasis on the street sidewalk and on pedestrian access to site destinations, rather than on<br />

auto access and parking areas. Generally, buildings and their entrances shall be placed close to the<br />

street.<br />

Pedestrian scale. See Human scale.<br />

Pediment means a triangular section framed by a horizontal molding on its base and two raking<br />

(sloping) moldings on each of its sides. Pediments are generally used as a crowning element for doors,<br />

windows, over mantels, and niches, usually in conjunction with columns as a main entry feature.<br />

Percent of slope means the slope of a designated area of land determined by dividing the vertical rise<br />

of a slope by the horizontal run of the same slope and converting the resulting figure into a percentage<br />

value as measured between contour lines on the referenced contour map.<br />

Perennial plant means plants which have a life span of more than two years but which become<br />

dormant each Fall, losing all foliage, and generate new foliage and flowering buds the following<br />

Spring and Summer from the dormant root system.<br />

Perimeter building pad means a separate building location (usually along the street frontage), which is<br />

200 feet in width or less, which may be developed or designated in connection with a larger<br />

commercial site.<br />

Permitted use means a use or occupancy of a building or a use of land which is allowed in the<br />

respective zones in this <strong>Title</strong> without specific approval of the Planning Commission but which<br />

complies with provisions of the zone in which the use is to be conducted.<br />

Person means an individual, firm, partnership, corporation, company, association, joint stock<br />

association or governmental entity. It includes a trustee, receiver, assignee, or similar representative<br />

of any of the foregoing.<br />

Personal care service means an establishment primarily engaged in the provision of frequently or<br />

recurrently needed services of a personal nature. Typical uses include beauty shops and barbershops,<br />

custom tailoring and seamstress shops, electrolysis studios, portrait studios, shoe repair shops, tailors,<br />

tanning and nail salons, and weight loss centers. This definition excludes Tattoo and body engraving<br />

service.<br />

Personal instruction service means an establishment primarily engaged in the provision of<br />

informational, instructional, personal improvement and similar services of a nonprofessional nature.<br />

Typical uses include art and music schools, driving and computer instruction, gymnastic and dance<br />

studios, handicraft or hobby instruction, health and fitness studios, licensed massage therapists,<br />

martial arts training, and swimming clubs.<br />

Planned community means an area which is characterized by mixed uses (i.e. residential, commercial,<br />

recreational and institutional) to create a more convenient and more effective integration of uses<br />

which


may work in concert to create a more attractive and desirable environment in which people can enjoy<br />

employment, residence and leisure within close proximity to each other.<br />

Planned residential development (PRD) means a master-planned, architecturally-designed residential<br />

development where ordinarily applicable zoning requirements may be negotiated to allow flexibility<br />

and initiative in site and building design and location in accordance with the standards and<br />

requirements of this <strong>Title</strong> and an approved PRD plan.<br />

Planting Plan means a Planting Plan shall clearly and accurately identify and locate new and existing<br />

trees, shrubs, Ground Covers, Turf areas, driveways, sidewalks, Hardscape features, and fences.<br />

Pole sign means a freestanding sign which is supported by a pole or poles mounted permanently in the<br />

ground.<br />

Political sign means any sign that supports the candidacy of any candidate for public office or urges<br />

action on any other political issue.<br />

Portable reader sign means a reader sign that is mounted on a portable framework and intended for<br />

temporary use.<br />

Portico means a covered walk or porch supported by columns or pillars.<br />

Post office substation means a facility or structure owned by the U.S. Postal Service and used for<br />

collecting, sorting, and distributing of mail within several zip code areas and having limited retail<br />

services for the general public, such as the sale of stamps, postcards, and postal insurance.<br />

Poster sign means a flat building sign on which temporary paper signs are mounted.<br />

Precipitation Rate means the depth of water applied to a given area, usually measured in inches per<br />

hour.<br />

Preliminary Irrigation Schedule means irrigation schedule prepared by Landscape Designer or<br />

Irrigation Designer, included on Irrigation Plan, based on theoretical flow calculations.<br />

Primary surface means a surface longitudinally centered on a runway. When the runway has a<br />

specially prepared hard surface, the primary extends 200 feet beyond each end of such runway; but<br />

when the runway has no specially prepared hard surface, or planned hard surface, the primary ends at<br />

each end of such runway. The width of the primary surface of a runway will be that width prescribed<br />

in part 77, section 77.25, of the Federal Aviation Regulations (FAR), which is hereby incorporated by<br />

reference and made a part of this definition, for the most precise approach existing or planned for<br />

either end of that runway. The elevation of any point on the primary surface is the same as the<br />

elevation of the nearest point on the runway centerline.<br />

Printing, general, means the production of books, magazines, newspapers, and other printed matter, as<br />

well as record pressing and publishing, engraving and photoengraving, but excluding “printing and<br />

copying, limited” uses.<br />

Printing and copying, limited, means a business establishment engaged<br />

reproduction, photo developing, or blueprinting services.<br />

in retail photocopying,<br />

Private street means a street that is designated for private travel and is in private or public agency<br />

ownership over which access is legally denied to the public.


Produce stand means a booth, stall or other area located on a farm from which produce of the farm is<br />

sold to the general public and operated only by persons who reside on or operate the farm.<br />

Projecting sign means a sign that is attached to and projects from a building, pole or other support.<br />

Promotional sign means temporary devices such as banners, streamers, flags, balloons, pennants,<br />

searchlights, and inflated signs.<br />

Protective service means a facility for conduct of public safety and emergency services, including fire<br />

and police protection services and emergency medical and ambulance services.<br />

Public facilities means capital facilities owned by a local political subdivision.<br />

Public street means a street that is designated for public travel or is in public ownership.<br />

Pylon sign, major, means a freestanding sign, not more 25 feet in height, supported by a single column<br />

having a width that is twenty-five percent or more of the width of the sign.<br />

Pylon sign, minor, means a freestanding sign, not more than 12 feet in height, that is supported by a<br />

single column having a width that is twenty-five percent or more of the width of the sign.<br />

Rain Shut-Off Device means a device wired to the automatic controller that shuts off the irrigation<br />

system when it rains.<br />

Reader sign means a changeable copy display that allows for the manual or electrical changing of the<br />

copy or text.<br />

Recommended Irrigation Schedule means irrigation schedule prepared by Irrigation Auditor, based on<br />

actual sprinkler precipitation rate measurements, and flow calculations if necessary, to be used as a<br />

guide that may be adjusted as needed for landscape health and water conservation purposes.<br />

Recycling collection station means outdoor freestanding containers which are designed to receive and<br />

store presorted recyclable materials not intended for disposal and which are available to the general<br />

public.<br />

Reference Evapotranspiration Rate or ET O means a standard measurement of environmental<br />

parameters which affect the water use of plants. ET O is expressed in inches per day, month or year and<br />

is an estimate of the evapotranspiration of a large field of four to seven-inch tall, cool season grass that<br />

is well watered. The average annual ET O for the Salt Lake Valley area is 31.18 inches.<br />

Regulatory flood discharge means the discharge selected from the delineation of the floodplain,<br />

floodway, and flood proofing requirements and floodplain regulations.<br />

Regulatory flood level or profile means the height of the regulatory flood discharge measured at points<br />

along the watercourse. The height is ordinarily measured in feet above mean sea level.<br />

Regulatory floodplain means the combination of regulatory flood way and regulatory flood fringe<br />

adjoining a river, stream, watercourse, or lake, which is inundated by the regulatory flood discharge.<br />

For purposes of this <strong>Title</strong>, this shall be the area within the intermediate regional floodplain as defined<br />

by<br />

the Federal Insurance Administration on its flood hazard boundary map.


Regulatory floodway means the unobstructed portion of a floodplain consisting of the stream channel<br />

and over bank areas capable of conveying a selected flood discharge and keeping it within designated<br />

heights and velocities. The floodway is intended to carry the deep and fast moving water.<br />

Research service means an establishment engaged in research of an industrial, medical or scientific<br />

nature.<br />

Residential accessory structure/building means a detached building or structure clearly incidental to<br />

and located upon the same lot occupied by a primary building and subordinate in height, area, and use<br />

to the primary building Residential accessory structures and buildings may include garages, carports,<br />

patio covers, lawn mower / garden sheds, hobby rooms, satellite dishes, swimming pools, tennis<br />

courts, barbecue pits, flagpoles, and structural objects.<br />

Residential development means any development approved by the City for residential use.<br />

Residential facility for elderly persons means a single-family or multiple-family dwelling unit that<br />

meets the requirements of Utah Code Ann. § 10-9-103(m) or its successor.<br />

Residential facility for persons with a disability means a single-family or multiple-family dwelling<br />

unit that meets the requirements of Utah Code Ann. § 10-9-605 or its successor.<br />

Restaurant, general, means an establishment engaged primarily in the preparation of food and<br />

beverages for consumption on the premises, which derives not less than 50 percent of its gross receipts<br />

from sale of food for consumption on the premises and where the design or principal method of<br />

operation consists of one or more of the following:<br />

a. A sit-down restaurant where customers, normally provided with an individual menu, are<br />

generally served food and beverages in non-disposable containers by a restaurant<br />

employee at the same table or counter at which such items are consumed; or<br />

b. A cafeteria or cafeteria-type operation where foods and beverages generally are served in<br />

non-disposable containers and consumed within the restaurant; or<br />

c. A restaurant which may have some characteristics of a fast-food restaurant other than<br />

service to a customer in a motor vehicle, having floor area exclusively within a shopping<br />

center, sharing common parking facilities with other businesses within the center and<br />

having access to a common interior pedestrian access way; or<br />

d. A catering or delivery operation where food is prepared and delivered to customers<br />

off-site.<br />

Retail establishment means an business establishment of more than 10,000 but less than 25,000 square<br />

feet of gross floor area in which 50 percent or more of the gross floor area is devoted to the sale of<br />

goods or merchandise to the general public for personal or household consumption or to small scale<br />

personal services incidental to the sale of such goods or merchandise.<br />

Retail Warehouse Outlet means an establishment that is primarily engaged in the sale, resale or<br />

auction of retail goods and merchandise to the public in a manner that is incidental and accessory to the<br />

principle use of the business. Typical uses include indoor auctions or small-scale liquidation sales of<br />

merchandise. The maximum area within the warehouse that can be utilized is 10% of the gross floor<br />

area of the warehouse for general retail sales, and 20% for auctions and small-scale liquidation sales.<br />

Required parking for the<br />

use shall be calculated in accordance with “Retail, General Use” per


§<strong>89</strong>-6-603(b) of this <strong>Title</strong>.<br />

Riding academy or riding stable means a commercial establishment for boarding, breeding, training,<br />

or raising of horses not owned by the owners or operators of the establishment, rental of horses for<br />

riding, or other equestrian activities.<br />

Roadway facilities means streets or roads that have been designated on an officially adopted<br />

subdivision plat, roadway plan or General Plan, together with all necessary appurtenances. Roadway<br />

facilities include associated improvements to Federal or State roadways only when the associated<br />

improvements are necessitated by new development and are not funded by the State or Federal<br />

government.<br />

Roof-mounted antenna means an antenna or series of individual antennas mounted on a flat roof,<br />

mechanical room, or penthouse of a building.<br />

Roof sign means a sign which is supported wholly or in part by and which projects over a roof.<br />

Rotor Sprinkler Head means irrigation head that rotates (gear-driven or impact head)<br />

Runway means a defined area on the airport prepared for landing and takeoff of aircraft along its<br />

length.<br />

Runoff means irrigation water that is not absorbed by the soil or landscaped area to which it is applied<br />

and which flows onto other areas.<br />

Scallop means a carved or molded ornament in the form of a series of curves resembling shells or<br />

segments of a circle.<br />

School, K thru 12, means the use of a site or premises for private or public instruction of students from<br />

kindergarten through the twelfth grade, based on curriculum approved under the regulations of the<br />

State.<br />

Sculptured sign means a free-form or three-dimensional sign that has a depth greater than two feet.<br />

Secondhand store means a retail establishment, which engages in the purchase and resale of used<br />

goods such as clothing, furniture, appliances, books, and other household items.<br />

Self-service storage warehouse means an enclosed storage facility of a commercial nature containing<br />

independent, fully enclosed bays which are leased to persons exclusively for dead storage of their<br />

household goods or personal property.<br />

Sensitive hillside means sloping terrain having average natural consistent topography of 10% or<br />

greater.<br />

Service establishment means a building, property or use which provides a personal services directly to<br />

a consumer. Such services shall include, but not be limited to; barbershops, salons, laundry and dry<br />

cleaning establishments, tailoring shops, shoe repair, and computer repair shops. A service<br />

establishment does not include major or minor auto repair, small engine repair, or any other use<br />

affiliated with automobile or engine service activity.<br />

Setback<br />

means the required distance on a lot between a building and a property line, or designated


ight-of-way line. For lots without a principal structure present, the setbacks shall be the minimum<br />

required by district regulations. (See Lot and Yard definitions).<br />

Shrubs means plants that are generally long-lived woody plants that may be either evergreen or<br />

deciduous. They differ from groundcovers in that they are generally over 12” tall and do not generally<br />

form a uniform mat.<br />

Side light means a usually long fixed sash located beside a door or window; often found in pairs.<br />

Sign means materials placed or constructed, or light projected, that (1) conveys a message or image<br />

and (2) is used to inform or attract the attention of the public. Some examples of “signs” are materials<br />

or lights meeting the definition of the preceding sentence and which are commonly referred to as<br />

signs, placards, A-boards, posters, billboards, murals, diagrams, banners, flags, or projected slides,<br />

images or holograms, and also includes the structure, supports, lighting system attachments, and other<br />

features of the “sign.” The scope of the term “sign” does not depend on the content of the message or<br />

image conveyed.<br />

Sign area means the portion of a sign used for display purposes, excluding the frame and supports.<br />

Only one side of a double-faced sign (covering the same subject) shall be used for computing the sign<br />

area when the signs are parallel (no greater than two feet apart) or diverge from a common edge by an<br />

angle not greater than 30 degrees. For signs that do not have defined display areas, sign area shall be<br />

the area of the smallest rectangle or square that will frame the display.<br />

Sign alteration means changing or rearranging any structural part, sign face, enclosure, lighting,<br />

coloring, copy (except on reader signs), graphics, component, or location of a sign.<br />

Sign clearance means the height of the lower edge of the face of a freestanding sign from the finished<br />

grade.<br />

Sign density means the concentration of signs in a given area, frontage, district, or lot. Density, as used<br />

in this <strong>Title</strong>, will usually be defined in terms of numbers of signs per lot or frontage.<br />

Sign design means the form, features, colors, and overall appearance of a sign structure.<br />

Sign development plan means a comprehensive plan for all signs proposed for a development and may<br />

include a combination of site plans, architectural elevations, and written specifications which illustrate<br />

and describe proposed location, height, design, colors, and materials for such signs.<br />

Sign height means the height of a sign measured from the elevation of the nearest sidewalk or, if there<br />

is no sidewalk, from the nearest curb or, if there is no curb, from the elevation of the nearest street<br />

paving surface.<br />

Sign location means the position on a property where a sign is to be placed.<br />

Sign separation means the horizontal distance between signs measured parallel with the street or curb.<br />

Sign setback means the horizontal distance between the property line (front or side) and the closest<br />

edge of the sign structure.<br />

Signs, Kiosk means a structure with four sides or less upon which a subdivision, planned residential<br />

development, homebuilder, multi-family development or public service sign panel may be mounted.


Single-family dwelling means a building constructed entirely on site, which is designed for only one<br />

family or household.<br />

Site plan means a schematic, scaled drawing of a building lot or location which indicates the<br />

placement and location of yards, property lines, adjacent parcels, utilities, topography, waterways,<br />

irrigation, drainage, landscaping, parking areas, driveways, buildings, trash containers, open storage,<br />

streets, sidewalks, curbs, gutters, signs, lighting, fences, and other features of existing or proposed<br />

construction or land use.<br />

Slope means a portion of ground forming a natural or artificial incline, including a retaining wall.<br />

Slope, steep means slopes of 30% gradient or steeper, which, for the purpose of this Code, is to be<br />

considered as undevelopable area.<br />

Small equipment rental means the rental of equipment, excluding heavy construction vehicles and<br />

equipment, and may also include facilities for maintenance of equipment. Rental equipment may<br />

include, but is not necessarily limited to, medical equipment, party supplies, appliances, lawn and<br />

garden equipment, hand tools, power tools, moving trailers, and other similar products.<br />

Snipe Sign means a sign for which a permit has not been obtained which is attached to a public utility<br />

pole, service pole, supports for another sign, fences, trees, etc.<br />

Split-level dwelling means a dwelling built with levels of the home offset so that one level does not<br />

cover the entire foundation or basement.<br />

Start of construction means the date a building permit is issued, provided the actual start of<br />

construction, substantial improvement, repair, reconstruction, placement or other improvement was<br />

within 180 days of the permit date. The term "actual start" means either the first placement of<br />

permanent construction of a structure on a site, such as the pouring of a slab or footings, the<br />

installation of piles, the construction of columns, or any work beyond the stage of excavation; or the<br />

placement of a manufactured home on a foundation. Permanent construction does not include land<br />

preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or<br />

walkways; nor does it include excavation for a basement, footings, piers, or foundations, or the<br />

erection of temporary forms; nor does it include the installation on the property of accessory buildings,<br />

such as garages or sheds not occupied as dwelling units or not part of the main structure.<br />

Story means the space in a building between the surface of any floor and the surface of the next floor or<br />

roof line above, provided however, that where the floor level of the first story is at least five feet below<br />

the adjoining finished grade, the space shall be considered a basement and not counted as a story. A<br />

story shall be equal to 12-feet for purpose of measuring structures other than buildings.<br />

Street means a public right-of-way, including highways, avenues, boulevards, parkways, roads, lanes,<br />

walks, alleys, viaducts, subways, tunnels, bridges, public easements, and other ways.<br />

Structure means any building, shelter, sign, wall, fence, pole, or other improvement constructed or<br />

installed and permanently attached to the ground.<br />

Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of<br />

which equals or exceeds 50 percent of the market value of the structure either before the improvement<br />

or repair is started, or if the structure has been damaged and is being restored, before the damage<br />

occurred. Substantial improvement is considered to occur when the first alteration of any wall,<br />

ceiling, floor or other structural part of the building commences, whether or not that alteration affects


the external dimensions of the structure. This definition does not include either any project for<br />

improvement of a structure to comply with existing State or local health, sanitary, or safety code<br />

specifications that are solely necessary to assure safe living conditions, or any alteration of a structure<br />

listed on the National Register of Historic Places or a State inventory of historic places.<br />

Sunburst means an ornamental motif resembling the rays of the sun found most often on the facades of<br />

late Victorian buildings.<br />

Suspended sign means a sign that overhangs a pedestrian walkway beneath a canopy, eave, or awning.<br />

Tattoo or body engraving service means a personal service establishment furnishing tattoos and body<br />

piercing on the premises.<br />

Temporary Sign means any exterior sign, banner, pennant, valance, or advertising display constructed<br />

of paper, cloth, canvas, light fabric, cardboard, wallboard, or other light materials, with or without<br />

light frames, intended to be displayed for a short period of time. Examples of temporary signs include<br />

but are not limited to A-frame signs, balloons, banners, garage/yard sale signs, political signs, real<br />

estate signs, or special event signs.<br />

Topsoil Analysis means a report by a soils laboratory indicating soluble salts (dS/m or mmho/cm), pH,<br />

sand (%), silt (%), clay (%), texture class (sandy clay, clay loam, silty sand, etc.), organic matter (%),<br />

% coars e fragments (>2mm diameter), and sodium adsorption ratio (SAR) for a given site. The soils<br />

report also includes recommendations for soil amendments.<br />

Topsoil Operations means a business that screens excess dirt from development sits to be sold to the<br />

public or to be used in the site or subdivision development process.<br />

Tower m eans a structure whose height is usually much greater than its width; may either stand alone or<br />

surmount a building.<br />

Transit oriented development (TOD) means a mixed-use community within an average ¼ mile<br />

walking distance of a transit station and core commercial area. TOD’s mix residential, retail, office,<br />

and public uses in a pedestrian friendly and walkable environment, making it convenient for residents<br />

and employees to travel by transit, bicycle, foot, or automobile.<br />

Transit Station means any structure or transit facility that is primarily used, in conjunction with a local<br />

or regional transit system, for the purpose of loading, unloading, or transferring passengers to other<br />

modes of transportation or to a different destination.<br />

Transom window means a small window or series of panes above a door, casement, or window.<br />

Transportation service means an establishment, which moves people or goods and services. Typical<br />

uses include taxicab service, passenger autos for rent with drivers, ambulance service, and parcel<br />

delivery service.<br />

Travel trailer means a vehicle, other than a motor vehicle, which is designed or used for temporary<br />

human habitation and for travel or recreational purposes, which is less than eight feet in width and 40<br />

feet in length, and which may be moved upon a public highway without a special permit or chauffeur’s<br />

license without violating vehicle or traffic codes.<br />

Tree means any object of natural growth of height greater than eight feet.


Turf means a surface layer of earth containing mowed grass with its roots.<br />

Twin dwelling means a building, which is designed for occupancy by two families or households<br />

living independently of each other, which share a common wall on separate lots.<br />

Two-family dwelling means a building constructed entirely on site, which is designed for occupancy<br />

by two families or households living independently of each other and containing two dwelling units.<br />

Undevelopable area means an area of land that cannot be considered for development purposes due to<br />

its topography or natural conditions of the soil. For the purpose of the Code, all natural slopes with a<br />

30% or more gradient are to be considered as undevelopable areas.<br />

Unique characteristics means elements of design that are regulated by this <strong>Title</strong>, which can be<br />

modified for businesses or properties within a zone.<br />

Unit of measure means that basic gauging unit which can be quantified for measuring the impact of<br />

development on the capital facilities in question, and which can provide a fair and equitable method of<br />

assessing the demands for expanded capital facilities. Units of measure can relate to the amounts of<br />

property, improvements to property, or the inflow/outflow of people, products or waste, depending on<br />

the particular type of capital facility; and may include, but shall not be limited to, the following<br />

measuring devices:<br />

a. Acres of property.<br />

b. Square feet of hard surface (outdoor).<br />

c. Gallons per day.<br />

d. Trips generated.<br />

e. Square feet of floor area (indoor).<br />

f. Number of equivalent dwelling units (EDU's).<br />

Use means the purpose for which a lot or structure is designed, arranged or intended, or for which it is<br />

occupied or maintained.<br />

Used motor vehicle means a vehicle that has been titled and registered to a purchaser other than a<br />

dealer or has been driven over 7,500 miles.<br />

Utility, Major means a facility, other than collection or distribution lines or supporting structures<br />

thereto, of any agency which, under public franchise or ownership, provides the general public with<br />

electricity, gas, heat, steam, communication, rail transportation, water, sewerage, or other similar<br />

service. The term “utility” shall not be construed to include corporate or general offices, storage or<br />

service buildings/yards, gas or oil processing facilities/yards, manufacturing facilities, postal facilities,<br />

or high-power broadcast radio antenna. Typical uses include cellular, television and microwave<br />

communication towers, electric generation plants or substations, railroad switch yards, reservoirs,<br />

sanitary landfills and water/wastewater treatment plants.<br />

Utility, Minor means services and facilities of agencies that are under public franchise or ownership to<br />

provide services that are essential to support development and that involve only minor structures, such<br />

as utility poles and lines, and structures not exceeding 150 cubic feet in size and 6-feet in height, which


do not generate a discernable amount of noise, odor or vibration within any nearby residential district,<br />

and which comply with the setback requirements of the district in which they are located.<br />

Utility runway means a runway that is constructed for and intended to be used by propeller driven<br />

aircraft of 12,500 pounds maximum gross weight or less.<br />

Variance means a modification, granted by the Board of Adjustment, of a zone's requirement for<br />

height, bulk, area, width, setback, separation, or other numerical or quantitative requirement for a<br />

building or structure or other site improvements which are set forth in this <strong>Title</strong>.<br />

Vehicle and equipment repair, general, means an establishment primarily engaged in the major repair<br />

or painting of motor vehicles or heavy equipment, including automobile body repairs, installation of<br />

major accessories and transmission and engine rebuilding services. Typical uses include major<br />

automobile repair garages, farm equipment repair, and paint and body shops.<br />

Vehicle repair, limited, means an establishment providing motor vehicle repair or maintenance<br />

services within completely enclosed buildings, but not including paint and body shops or other general<br />

vehicle repair services. Typical uses include businesses engaged in the following activities: electronic<br />

tune-ups, brake repairs (including drum turning), air conditioning repairs, transmission and engine<br />

repairs, generator and starter repairs, tire repairs, front-end alignments, battery recharging, lubrication,<br />

and sales, repair and installation of minor parts and accessories such as tires, batteries, windshield<br />

wipers, hoses, windows, etc.<br />

Vehicle Sign means a sign or advertising device that is attached to, painted on, placed upon, or<br />

supported by any truck, trailer, boat, other vehicle, or portable structure conspicuously or regularly<br />

parked on or off premise expressly to attract attention to a business, product, or promotion. This<br />

definition does not apply to signs or lettering on public transit vehicles, taxis, or company vehicles<br />

operating during the normal course of business or parked in a legally designated on-site parking space<br />

at the location of the company owning the vehicle.<br />

Veterinary service means an establishment providing medical care and treatment for animals, which<br />

may include accessory grooming or boarding services.<br />

Visual runway means a runway intended solely for the operation of aircraft using visual approach<br />

procedures with no straight-in instruments approach procedures and no instrument designation<br />

indicated on a FAA-approved airport layout or on any planning document submitted to the FAA by<br />

competent City authority.<br />

Vocational school means an establishment, for profit or not, offering regularly scheduled instruction in<br />

technical, commercial or trade skills, such as but not limited to business, real estate, building and<br />

construction trades, electronics, computer programming and technology, automotive and aircraft<br />

mechanics and technology and similar types of instruction.<br />

Wall-mounted antenna means an antenna or series of individual antennas mounted against the vertical<br />

wall of a building.<br />

Wall plane projection means a permanently attached architectural feature that extends from the<br />

predominate horizontal plane of a building. Wall plane projections may include, but are not<br />

necessarily limited to, columns, porticos, pilaster, colonnades, porte-cocheres, or other architectural<br />

elements.<br />

Wall plane recess means a nook, alcove, indentation, offset, niche,<br />

or other architectural feature that is


inset into the predominant horizontal plane of a building.<br />

Wall sign means a sign that is painted on or affixed to a building wall and projects less than six inches<br />

from the wall.<br />

Water Audit means an on-site survey and measurement of irrigation equipment and management<br />

efficiency, including sprinkler precipitation rate (P.R.), distribution uniformity (D.U.), suggested<br />

irrigation schedule, and recommendations to improve efficiency.<br />

Water-Conserving Plant means a plant that can generally survive with available rainfall once<br />

established although supplemental irrigation may be needed or desirable during spring and summer<br />

months, as listed in the most recent version of the document “Water-Wise Plants For Salt Lake City.”<br />

Whip antenna means an antenna, cylindrical in shape that can be directional or omni directional and<br />

vary in size depending upon the frequency and gain for which it is designed.<br />

Yard means a required open space on a lot which is unoccupied and unobstructed by any structure or<br />

portion thereof, except for approved accessory structures otherwise allowed by this code, from the<br />

pre-existing ground level upward towards the sky, except as otherwise provided in this ordinance,<br />

between the building setback line and the most parallel property line (See diagram below definition).<br />

For more information on lot types, see definition of Lot.<br />

a. Front Yard means the required yard extending between the side lot lines across the front<br />

of a lot adjoining a public or approved private street. The depth of required front yard(s)<br />

shall be measured at right angles to the front property line. The required front yard line<br />

shall be parallel to the front property line.<br />

b. Rear Yard means the required yard extending across the rear of the lot between side lot<br />

lines. The rear yard depth shall be measured from the rear property line to the nearest<br />

point of the principal structure on the property. On corner lots, the rear yard area is<br />

measured to the corner side yard setback line, not to the property line.<br />

c. Side Yard means the yard extending from the required front yard setback line, or front<br />

façade of the structure if the structure is behind the minimum required front yard setback<br />

line, to the rear setback line (see Rear Yard, above).<br />

d. Corner Lot Side Yard: On corner lots, the side yard that abuts a street shall be termed a<br />

corner side yard and extends from the required front yard setback line, or front façade of<br />

the structure if the structure is behind the minimum required front yard setback line, to the<br />

rear property line. In no case shall a side yard or corner side yard be greater than the<br />

distance between the side property line and the closest point of the principal structure on<br />

the lot.<br />

e. Yard Areas on Undeveloped Properties: For lots without a principal structure, required<br />

yard areas shall be the minimum setbacks required by district regulations.<br />

f. Yard Areas on Through Lots: The frontage onto a street that contains the primary access<br />

to the principal structure on the property shall be considered the front yard and the area<br />

behind the primary access to the principal structure shall be the rear yard. If vacant, the<br />

yard that is on the same side of the property that the majority of other principal structures<br />

on the same block front onto shall be considered the front yard.


g. Yard Areas on Flag Lots: On flag lots, yard areas shall not include the access drive from<br />

the street to the bulk of the lot and the front yard shall be the facing containing the primary<br />

access to the principal structure on the property.<br />

h. Yard Areas on Irregular Shaped Lots: Irregular shaped lots include triangle, gore, or<br />

pie-shaped lots. The Zoning Administrator shall determine the yard areas for irregular<br />

shaped lots.


Yard measurement means, when measuring a yard for the purpose of determining the width of a side<br />

yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot<br />

line and the building shall be used. For new construction where lots abut a street that is designated a<br />

major street in the General Plan, all yards abutting such street shall be measured from a line which is<br />

half the proposed right-of-way width from the centerline or from the lot line, whichever provides the<br />

greater setback.<br />

Zone means an area of the incorporated territory of the City which has been given a designation which<br />

provides for the regulation and restriction of the erection, construction, reconstruction, alteration,<br />

repair, or use of buildings or structures, or the use of land all as set forth and specified in this <strong>Title</strong>.<br />

( Enacted by Ord. No. 03-40, 07-15-2003; Ord. 03-33, (18)(19)(267), 08-19-2003; Ord. No. 04-04, 01-06-04;<br />

Ord. No. 04-14, 03-16-2004; Ord. No. 04-41, 10-05-04; Ord. No. 05-15, 04-19-2005; Ord. No. 05-33,<br />

06-21-05; Ord. No. 05-38, 07-19-2005; Ord. No. 05-40, 07-19-2005; Ord. No. 05-32, 08-09-2005; Ord. No.<br />

05-53, 09-06-2005; Ord. No. 05-56, 09-27-2005; Ord. No. 05-71, 12-06-2005; Ord. No. 06-02, 01-24-2006;<br />

Ord. No. 06-27, 06-20-06; Ord. No. 06-37, 10-24-2006; Ord. No. 06-39, 11-14-2006; Ord. No. 07-13,<br />

04-17-2007)<br />

CHAPTER 2. DECISION-MAKERS - APPEALS<br />

PART 1. BOARDS AND COMMISSIONS<br />

Sec. <strong>89</strong>-2-101.<br />

City Council.<br />

With respect to the administration of this <strong>Title</strong>, the City Council shall have those powers and duties set<br />

forth in the <strong>West</strong> <strong>Jordan</strong> Municipal Code and Utah Code.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-2-102.<br />

Sec. <strong>89</strong>-2-103.<br />

Sec. <strong>89</strong>-2-104<br />

(Reserved)<br />

(Reserved)<br />

(Reserved)<br />

PART 2. ZONING ADMINISTRATOR<br />

Sec. <strong>89</strong>-2-201.<br />

Designation.<br />

The City manager or his designee may designate a staff person who shall be primarily responsible for<br />

administering and enforcing this <strong>Title</strong>. Such person shall be known as the Zoning Administrator.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-2-202.<br />

Powers.<br />

(a) Interpretation. The Zoning Administrator shall interpret this <strong>Title</strong> to members of the public,<br />

City departments, and to other branches of government, subject to general and specific policies established by<br />

the Planning Commission and City Council. Upon request, the Zoning Administrator shall make a written<br />

interpretation of the text of this <strong>Title</strong> pursuant to section <strong>89</strong>-2-203.


(b) Administrative duties. The Zoning Administrator shall accomplish, or cause to be<br />

accomp lished,<br />

all administrative actions required by this <strong>Title</strong>, including the giving of notice, holding of<br />

hearings, preparation of staff reports, and receiving and processing of appeals.<br />

(c) Negotiation and advice. The City Planner or the Zoning Administrator may negotiate with<br />

and advise all persons making application for any project which requires approval by the Planning<br />

Commi ssion or City Council.<br />

(d) Routine and uncontested matters. The Zoning Administrator may decide routine and<br />

uncontested matters that would normally be heard by the Board of Adjustment or Planning Commission. In<br />

doing so, the Planning Commission and Board of Adjustment shall establish guidelines for the Zoning<br />

Administrator to comply with in making decisions.<br />

(e) Determination for uses not listed. The Zoning Administrator may make determination as to<br />

the classification of uses not specifically listed in this <strong>Title</strong>.<br />

(1) An application requesting such determination shall be filed with the Zoning Administrator.<br />

The application shall include a detailed description of the use and other such information as<br />

may be required.<br />

(2) The Zoning Administrator shall make such investigations as are deemed necessary to compare<br />

the nature and characteristics of the proposed use with those of uses specifically listed in this<br />

<strong>Title</strong> and shall make a determination of its classification based on his investigations. The<br />

determination shall State the zone classification(s) in which the use will be allowed and<br />

whether the use will be a permitted use or a conditional use in the zone(s).<br />

(3) The determination and all information pertaining to it shall be assigned a file number<br />

classifying it as an administrative determination and shall become a permanent public record<br />

in the office of the Planning and Zoning Division.<br />

(f) Administrative Relief. The Zoning Administrator may allow limited relief to the application<br />

of certain standards required by this <strong>Title</strong>. This relief shall be limited to the following:<br />

(1) Up to a ten (10) percent decrease of the code requirement for brick or other architectural<br />

exterior materials in the district in which the subject property is located.<br />

(2) Up to a five ( 5) percent decrease in the off-street parking requirements in the zone district in<br />

which the subject property is located.<br />

(3) Up to a five (5) percent increase in lot coverage by a structure, provided such increase does not<br />

result in an increase in approved density, will not result in the decrease in area of any existing<br />

parcel or lot, and will not result in reduction of required yard setbacks.<br />

(4) Up to a five (5) percent decrease in the required area of a residential dwelling.<br />

(5) The substitution of landscape screening for fencing requirements provided the purpose and<br />

intent of the requirement is met and all property owners adjacent to where a fence is ordinarily<br />

required consent to the substitution.<br />

(6) Up to a 10 percent reduction in the required side yard or back yard set back for accessory<br />

structures over 10 feet in height.


(g) Findings necessary to grant Administrative Relief. Prior to granting administrative relief, the<br />

Zoning Administrator shall find in writing that all of the following conditions exist for each application for<br />

relief:<br />

(1) The strict application of the regulation in question is unreasonable or the interpretation is<br />

difficult given the development proposal or the measures proposed by the applicant;<br />

(2) The intent of the Zoning Ordinance regulation in question is preserved; and<br />

(3) The granting of the Administrative Relief will not result in an adverse impact on surrounding<br />

properties.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 03-69 (d),(f)&(g), 11-18-2003; Ord. No. 05-69,<br />

12-06-2005)<br />

Sec. <strong>89</strong>-2-203.<br />

(a)<br />

this <strong>Title</strong>.<br />

Interpretation.<br />

Written interpretation. This section sets out procedures for formally interpreting the text of<br />

(b) Application. An application for an interpretation request shall be submitted to the Zoning<br />

Administrator in a form established by the Zoning Administrator, along with any applicable fee to cover the<br />

cost of processing the application. No application shall be processed until the application is complete and the<br />

required fee has been paid.<br />

(c) Action by the Zoning Administrator. Within ten days after a request for interpretation has<br />

been submitted, the Zoning Administrator shall review and evaluate the request in light of the text of this <strong>Title</strong>,<br />

the official Zoning Map, the General Plan, other relevant interpretations of this <strong>Title</strong> and any other relevant<br />

documents; and render a written opinion.<br />

(d) Form. The interpretation shall be provided to the applicant and shall be filed in the official<br />

record of interpretations.<br />

(e) Official record. The Zoning Administrator shall maintain an official record of opinions<br />

interpreting this <strong>Title</strong>. The record of interpretations shall be a public record and shall be available for public<br />

inspection in the office of the Zoning Administrator during normal business hours.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

PART 3. PUBLIC HEARINGS AND APPEALS<br />

Sec. <strong>89</strong>-2-301. Staff referral by Planning Commission.<br />

(a) Staff referral. The Planning Commission may direct that any matter over which it has<br />

jurisdiction be referred to the staff of the Development Services Department for review and approval. Such<br />

action shall be taken either by motion of the Planning Commission or pursuant to duly adopted bylaws of the<br />

Planning Commi ssion. The authority for such referrals may be revoked at any time by motion of the Planning<br />

Commission or amendment of its bylaws.<br />

(b)<br />

The City Council may require that the Council approve<br />

any such referrals.


(c) Staff review to be in conformance with this <strong>Title</strong>. If a matter is referred to the Development<br />

Services Department as permitted by subsection (a) of this section, staff shall conform to any instructions or<br />

limitations contained in the referral and review the matter in accordance with the provisions of this <strong>Title</strong>. Staff<br />

shall review the application to determine whether the use meets the requirements of Section <strong>89</strong>-5-404 for<br />

Conditional<br />

Use Permits applications and shall require conditions as deemed necessary for protection of<br />

adjacent properties and the public welfare. Public hearings for Administrative Conditional Use Permits<br />

authorized for review and approval by staff shall follow procedures specified by Section <strong>89</strong>-2-302 (d) of this<br />

<strong>Title</strong>. Any matter identified in subsection (d) of this section, may be referred to the Planning Commission by<br />

the Staff. A report of application approvals referred to in subsection (d) of this section shall be compiled by<br />

staff and forwarded to the Planning Commission in March, June, September and December of each year.<br />

(d)<br />

The following matters shall be referred to staff for review and final approval:<br />

(1) Metes and bounds subdivisions for no more than two lots.<br />

(2)<br />

Final site plans.<br />

(3) Home day care centers for up to 12 children.<br />

(4) Parking lots.<br />

(5) Administrative Conditional Use Permits.<br />

(6) Preliminary and Final Site Plans in the M-1 Zoning District as permitted in Section<br />

<strong>89</strong>-5-302(3)<br />

(e) Decision. Any person who has applied for authorization to develop property under the terms<br />

of this <strong>Title</strong> may, in writing, consent to the staff recommendation and waive further action by the Planning<br />

Commission. If the applicant waives further action by the Planning Commission, the staff recommendation<br />

shall be considered approval by the Planning Commission. Any necessary permits may be issued subject to the<br />

terms of this <strong>Title</strong> and shall conform to any applicable conditions of approval.<br />

(f) Limitation. This part shall not apply to any action on which the Planning Commission is<br />

required by law to take direct action.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 05-69, 12-06-2005)<br />

Sec. <strong>89</strong>-2-302. Notice and hearings.<br />

(a) Public hearing. For purposes of this <strong>Title</strong>, public hearing shall mean any special meeting,<br />

either required by law or deemed necessary by the City Council, Planning Commission or Board of<br />

Adjustment, for which public notice is required to solicit public input on matters under discussion. Notices of<br />

public hearings required by this <strong>Title</strong> before the City Council, Planning Commission or Board of Adjustment<br />

shall be given in a manner as set forth in this section.<br />

(b) Notice of hearings for amendments to the text of the General Plan or Zoning Ordinance. Prior<br />

to conducting any public hearing before either the Planning Commission or City Council relating to adopting,<br />

amending, or repealing any part of the General Plan or Zoning Ordinance, the following notice shall be<br />

provided.<br />

(1) A notice of hearing shall be posted in at least three public places in the City at least 10 days<br />

prior to the date of the public hearing.


(2) A notice of hearing shall be published in a newspaper of general circulation in the City at least<br />

10 days prior to the date of the public hearing.<br />

(c) Notice of hearings for amendments to the General Plan Land Use Map or Zoning Map.<br />

Notice of a public hearing to review amendments to the General Plan Land Use Map or Zoning Map shall be<br />

provided as follows.<br />

(1) Planning Commission. Ten days prior to the date of a Planning Commission public hearing a<br />

notice may be mailed to all property owners within 300 feet of the subject property. The list of<br />

property owners shall be compiled from the most current assessment rolls prepared by the Salt<br />

Lake County Assessor.<br />

(2)<br />

City Council. Prior to holding a public hearing relating to an amendment to the General Plan<br />

Land Use Map or Zoning Map a notice:<br />

a. shall be posted in at least three public places in the City at least 10 days prior to the<br />

date of the public hearing;<br />

b. shall be published in a newspaper of general circulation in the City at least 10 days<br />

prior to the date of the public hearing; and<br />

c. may be mailed to all property owners, as shown on the most current assessment rolls<br />

prepared by the Salt Lake County Assessor, within 300 feet of the subject property.<br />

(d) Notice of hearings for Conditional Use applications. Ten days prior to the date of a Planning<br />

Commi ssion public hearing to consider a conditional use application, a notice may be mailed to all property<br />

owners within 300 feet of the subject property. The list of property owners shall be compiled from the most<br />

current assessment rolls prepared by the Salt Lake County Assessor.<br />

(e) Notice of hearings for preliminary Site Plan applications. Ten days prior to the date of a<br />

Planning Commission public hearing to review a preliminary site plan, a notice may be mailed to all property<br />

owners within 300 feet of the subject property. The list of property owners shall be compiled from the most<br />

current assessment rolls prepared by the Salt Lake County Assessor. A public hearing is not required at the<br />

time of final site plan review.<br />

(f) Notice of hearings for Variances. Ten days prior to the date of a Board of Adjustment public<br />

hearing to consider a variance application, a notice shall be mailed to all property owners within 100 feet of the<br />

subject property. The list of property owners shall be compiled from the most current assessment rolls<br />

prepared by the Salt Lake County Assessor.<br />

(g) Content of public hearing notice. All notices of public hearings shall begin with the heading<br />

“Notice of Public Hearing” in bold type at the top of the sheet, shall provide a brief explanation of the purpose<br />

of the hearing, and shall indicate the date, time and location of the public hearing. If specific property or<br />

properties are the subject of the application, the address of such property shall also be included in the notice.<br />

Public hearing notices mailed to property owners within 300 feet of a proposed action is a courtesy notice and<br />

any defect in or failure to receive such courtesy notice shall not affect or invalidate any public hearing or action<br />

by the City Council or any Board or Commission.<br />

(h) Additional notice. This section is not intended to preclude the giving of additional notice that<br />

may be deemed necessary by the Planning Commission, Board of Adjustment, or City Council. Notice of<br />

public hearing shall be sent to property owners by mail for City-initiated amendments to the Zoning Map.


(i) Appeal of notice. If notice given under authority of this section is not challenged as provided<br />

by State law within 30 days from the date of the meeting for which notice was given, the notice is considered<br />

adequate and proper. Failure of a property owner to receive mailed notice as provided in this section shall not<br />

invalidate any hearing or action taken pursuant thereto, provided that the procedures in this chapter were<br />

followed.<br />

(j) Hearing procedure. Hearing procedure shall be as set forth in the bylaws of the City Council,<br />

Planning Commission and Board of Adjustment.<br />

(1) All written documents and evidence from the applicant shall be received by the Development<br />

Services Department at least 30 calendar days in advance of the public hearing.<br />

(2) A staff report and recommendation shall be available for inspection at least five days prior to<br />

the hearing.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 03-54, (b) through (j) on 09-30-2003; Ord. No. 05-69,<br />

12-06-2005)<br />

Sec. <strong>89</strong>-2-303. Appeal of administrative decisions.<br />

(a) Appeals to the Board of Adjustment may be taken by any person aggrieved or by any official,<br />

department, board, or bureau of the City affected by any decision of the City manager or his subordinate on<br />

matters pertaining to this <strong>Title</strong>. The appeal shall be filed within 30 days following the decision of the City<br />

Manager or the subordinate from whom the appeal is taken. The person filing the appeal shall file with the<br />

administrative officer and with the Board of Adjustment written notice of the appeal which specifies the<br />

grounds of the appeal. The official, department, board, or bureau from whom the appeal is taken shall, without<br />

delay, transmit to the Board of Adjustment all papers constituting the record upon which the action appealed<br />

from is taken.<br />

(b)<br />

The person or entity making the appeal has the burden of proving that an error has been made.<br />

(c) Only zoning decisions applying to this <strong>Title</strong> may be appealed to the Board of Adjustment. A<br />

person may not appeal, and the Board of Adjustment may not consider, any zoning ordinance amendments.<br />

Appeals may not be used to waive or modify the terms or requirements of this <strong>Title</strong>.<br />

(d) An appeal to the Board of Adjustment stays all proceedings in furtherance of the action<br />

appealed from unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the<br />

notice of appeal has been filed that, by reason of facts Stated in the certification, a stay would in his opinion<br />

cause imminent peril to life or property. In such case proceedings shall not be stayed except by a restraining<br />

order granted by the district court on application and notice and on due cause shown.<br />

(e) The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public<br />

notice of the appeal as well as notice to the parties in interest, and shall decide the appeal within a reasonable<br />

time. Upon the hearing a party may appear in person or by agent or by attorney.<br />

(f) The concurring vote of three members of the board shall be necessary to reverse any order,<br />

requirement or determination of an administrative<br />

officer or to decide in favor of the appellant.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-2-304. Appeal of a decision by the Board of Adjustment.


Any person adversely affected by any decision of a Board of Adjustment may petition the district court<br />

for a review of the decision. In the petition, the plaintiff may only allege that the Board of Adjustment's<br />

decision was arbitrary, capricious or illegal. The petition is barred unless it is filed within 30 days after the<br />

Board of Adjustment's decision is final. The applicant shall follow the procedures outlined in Utah Code Ann.<br />

§ 10-9-708.<br />

(Enacted by O rd. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong> -2-305. Appeal of a decision by the Planning Commission.<br />

Any pe rson, organization, corporation or governmental unit shall have the right to appeal to the City<br />

Council decisions rendered by the Planning Commission dealing with conditional use permits and decisions<br />

alleged to have been made contrary to adopted ordinances, by filing in writing the reasons for said appeal with<br />

the City Recorder within 15 days following the date on which the Planning Commission rendered such<br />

decision. The City recorder shall notify the members of the Planning Commission, in writing, at least five days<br />

prior to the scheduled date of the hearing for said appeal. The City Council, after reviewing the decision of the<br />

Planning Commission, may affirm, reverse, alter or postpone any determination until further study can be<br />

conducted. This may include referring the matter back to the Planning Commission for additional review.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-2-306<br />

Judicial review of a City Council decision.<br />

Any person aggrieved by any decision of the City Council made pursuant to this <strong>Title</strong> may City<br />

Council appeal that decision to the District Court as provided by law.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

CHAPTER 3. ZONING DISTRICTS AND LAND USE REGULATIONS<br />

PART 1. ESTABLISHMENT OF ZONES<br />

Sec. <strong>89</strong> -3-101. Zoning districts.<br />

In order to accomplish the purposes of this <strong>Title</strong>, the City is hereby divided into zoning districts (or<br />

zones) in accordance with the adopted General Plan of the City as follows:<br />

A-1 Agricultural zone<br />

A-5 Agricultural zone


A-20 Agricultural zone<br />

R-R<br />

R-E<br />

Rural residential zone<br />

Residential estate zone<br />

R-1 Single-family residential zones<br />

P-C<br />

PRD<br />

Planned community zone<br />

Planned residential development zone<br />

R-2 Two-family residential zone<br />

R-3 Light multiple residential zone<br />

R-M<br />

P-O<br />

BR-P<br />

P-F<br />

SC-1<br />

SC-2<br />

SC-3<br />

C-G<br />

C-M<br />

Mobile home residential zone<br />

Professional office zone<br />

Business and research park zone<br />

Public facilities zone<br />

Neighborhood shopping center zone<br />

Community shopping center zone<br />

Regional shopping center zone<br />

General commercial zone<br />

Heavy commercial zone<br />

M-P Manufacturing park zone<br />

M-1 Light manufacturing zone<br />

M-2 Major manufacturing<br />

A-Z<br />

D-O<br />

Airport overlay zone<br />

Downtown overlay zone<br />

RWO Redwood road overlay zone<br />

H-Z<br />

Historic districts, sites and buildings overlay zone<br />

Hillside Development overlay zone<br />

F-P<br />

Floodplain overlay zone


(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-3-102. Official Zoning Maps.<br />

(a) Zoning districts. The location and boundaries of all zoning districts described in this chapter,<br />

including subsequent amendments, are shown on the map, <strong>Title</strong>d "Zoning Map of the City of <strong>West</strong> <strong>Jordan</strong>”<br />

which may also be referred to as “map”, “the map”, or “the Zoning Map”. This map, including all boundaries,<br />

notations and other data shown thereon, is hereby adopted in its entirety and as may be amended from time to<br />

time. The territory within the City shall be subject to the land use restrictions set forth for such zones, as shown<br />

upon the map.<br />

(b) Amendments. Amendments to the boundaries of a specific zoning district shown on the<br />

Zoning Map of the City of <strong>West</strong> <strong>Jordan</strong>, Utah, shall be accomplished in accordance with the provisions found<br />

in section <strong>89</strong>-5-403.<br />

(c) Updates. The City manager or his designee shall update the Zoning Map of the City of <strong>West</strong><br />

<strong>Jordan</strong>, Utah, as soon as possible after amendments are adopted by the City Council. Upon entering any such<br />

amendment on the map, the City manager or his designee shall update the map or maps to indicate their latest<br />

revision. New prints of the updated maps may then be issued.<br />

(d) Reference copies. A print of all updated Zoning Maps shall be given to the City recorder to be<br />

filed and kept for historical reference.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-3-103. Boundaries of zones.<br />

Where uncertainty exists with respect to the boundaries of various zones, the rules in Section <strong>89</strong>-1-202<br />

shall apply.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-3-104. Newly annexed territories.<br />

(a) Concurrent consideration of zoning. Territories for which the City has received an<br />

annexation<br />

petition shall be considered by the City for a designation of zoning concurrently with the<br />

annexation petition. The Planning Commission shall consider a zone designation request along with an<br />

annexation petition and forward its recommendation regarding the proposed annexation and zoning to the City<br />

Council.<br />

(b) Public hearings. Subsequent to Planning Commission action, the City Council shall set two<br />

public hearings to be held on the same date; one for the annexation of territories, and one for the requested zone<br />

designation of these territories. The hearing for the zone designation shall follow immediately after the<br />

hearing considering the annexation, if the annexation is approved.<br />

(c) Binding vote. The City Council shall delay any binding vote on the zone designation until a<br />

vote on the annexation has occurred.<br />

(d) Compliance with General Plan. In order to ensure due process and to protect the rights of the<br />

citizens of the City, property shall be zoned as indicated in the General Plan unless it can be demonstrated to<br />

the City Council that some other zoning classification is appropriate and compatible with the General Plan. No<br />

official of the City shall utilize reclassification commitments as a means of bargaining for the annexation<br />

of


property into the City.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-3-105. Clarification of zoning.<br />

(a) Ambiguous zoning classification. Any property which, for any reason, is not clearly zoned on<br />

the City’s official zone map or is determined not to be subject to the requirements of a zone classification as<br />

provided by this <strong>Title</strong> is hereby declared to be in the agricultural zone, A-5, and shall be subject to the<br />

requirements of the A-5 zone.<br />

(b) Ambiguous use classification. If ambiguity arises concerning the appropriate classification of<br />

a particular land use within the meaning and intent of this <strong>Title</strong>, or with respect to matters of height, yard<br />

requirements, area requirements or zone boundaries, as set forth in this <strong>Title</strong> and as they may pertain to<br />

unforeseen circumstances, including technological changes and processing of materials, the Planning<br />

Commission shall ascertain all pertinent facts and shall make such recommendations to the City Council as are<br />

appropriate.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-3-106. Zoning conditions.<br />

(a) Conditions on Zoning Map amendments. To provide more specific land use designations and<br />

land development suitability, to ensure that proposed development is compatible with surrounding<br />

neighborhoods, and to provide notice to property owners of limitations and requirements for development of<br />

property, the City Council may attach conditions to any Zoning Map amendment which amend, limit or restrict<br />

the following:<br />

(1) Uses.<br />

(2) Dwelling unit density.<br />

(3)<br />

Building square footage.<br />

(4) Height of structures.<br />

(5) Buffering.<br />

(6) Setback.<br />

(7) Building materials and architecture<br />

(b) Effect. The imposition of specific zoning conditions pursuant to this section shall not be<br />

deemed to allow the granting of permission to comply with land-use limitations or requirements which are less<br />

restrictive than those of the underlying zone.<br />

(c) Map notation. A Zoning Map amendment attaching any zoning condition shall be designated<br />

with the suffix "ZC" after the zoning classification on the Zoning Map and any such condition shall be on<br />

record with the Planning Commission and recorded with the C ity recorder.<br />

(d) Effect of declaration of invalidity. If a court of competent jurisdiction declares any zoning<br />

condition invalid, the entire Zoning Map amendment shall be void. Any deletion in or change<br />

to a zoning<br />

condition shall be considered an amendment to the zoning ordinance and shall be subject to the requirements<br />

of this chapter.


( e) Effect on conditional use permits. The attachment of conditions to any Zoning Map<br />

amendment shall not prohibit or affect the applicability of the requirements of conditional uses.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-3-201. Purpose of agricultural zone.<br />

PART 2. AGRICULTURA L ZONES<br />

The purpose of the agricultural zones is to provide areas where the growing of crops and the raising of<br />

livestock can be encouraged and supported within the City. Uses permitted in the A zones, in addition to<br />

agricultural uses, must be incidental thereto and should not change the basic agricultural character of the zone.<br />

Conversion of the agricultural zone to zones allowing urban uses should be accomplished in an orderly and<br />

progressive man ner, with no “leap-frog” encroachments of such uses or developments into the agricultural<br />

area. The A zone should be established in agricultural areas needing protection from encroachme nt of urban<br />

development until such time as residential, commercial, or industrial uses in such areas become necessary and<br />

desirable.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-3-202. Permitted and conditional uses in agricultural zones.<br />

Uses allowed in agricultural zones are listed in the table below. Those uses identified as “permitted”<br />

(P) are allowed by right provided that they comply with all other requirements of this Chapter and all other<br />

applicable requirements of this <strong>Title</strong>. Uses identified as “conditional” (C) must be approved by the Planning<br />

Commission pursuant to the standards and procedures for conditional uses set forth in Section <strong>89</strong>-5-404, and<br />

comply with all other applicable requirements of this <strong>Title</strong>. Uses identified as “Administrative Conditional<br />

Uses” (AC) shall be approved by the Zoning Administrator pursuant to the standards and procedures set forth<br />

in Section <strong>89</strong>-5-404 except that the Public Hearing shall be conducted by the Zoning Administrator, and<br />

comply with Section <strong>89</strong>-2-302(d) and all other applicable requirements of this <strong>Title</strong>. Uses not specifically<br />

listed in this section shall not be allowed in agricultural zones.<br />

LEGEND:<br />

C = Conditional Use<br />

P = Permitted Use<br />

AC = Administrative Conditional Use<br />

Permitted And Co nditional Uses In<br />

Agricultural Zones<br />

USE A-1 A-5 A-20<br />

Accessory building or structure, residential P P P<br />

Accessory Living Quarters** C C C<br />

Agricultural (processing) P P P<br />

Agriculture, swine or dairy<br />

C C C<br />

Agriculture: except swine, d airies, and animal specialties P<br />

P P<br />

Animal specialties C C C<br />

Barn as a primary building P P P<br />

Building moved from another site (see section <strong>89</strong>-6-113) C C C<br />

Church / place of worship C<br />

C C<br />

Dwelling, single-family P P P<br />

Golf course P P P<br />

Home occupation listed in Section <strong>89</strong>-6-503 P P P


LEGEND: C = Conditional Use<br />

P = Permitted Use<br />

Permitted And Conditional Uses In<br />

Agricultural Zones<br />

AC = Administrative Conditional Use<br />

USE A-1 A-5 A-20<br />

Household pets, subject to regulation of Animals<br />

Ordinance, <strong>Title</strong> 14 of <strong>West</strong> <strong>Jordan</strong> Municipal Code, or<br />

successor ordinance.<br />

P P P<br />

Kennel C C P<br />

Large scale public utilities C C C<br />

Low power radio service facility C C C<br />

Manufactured/modular home * P P P<br />

Produce stand, selling farm products grown on the<br />

premises (not exceeding 300 square feet in area and<br />

P P P<br />

limited to one stand per lot)<br />

Public park, playgrounds, and athletic areas P P P<br />

Residential facility for disabled persons P P P<br />

Residential facility for elderly persons P P P<br />

Riding academy or commercial stable C C C<br />

Schools, K – 12<br />

C C C<br />

Topsoil Operations C C C<br />

* A manufactured or modular housing structure, constructed to applicable Federal or State construction standards, shall<br />

be deemed to be permitted use if occupied as a single-family residence and may be located within this zoning district as<br />

though t he structure were constructed on the site according to the International Building Code and other applicable<br />

standards if the structure meets or exceeds the pertinent provisions of this chapter for minimum building size and<br />

horizontal living<br />

area, setback, side yard, required attached two-car garage, and other similar building and zoning<br />

requirements.<br />

** Accessory Living Quarters shall be conditionally permitted provided the requirements of Section <strong>89</strong>-6-119 are met.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-20, 04-27-2004; Ord. No. 05-17, 04-19-2005; Ord. No.<br />

05-69, 12-06-2005; Ord. No. 05-71, 12-06-2005; Ord. No. 07-13, 04-17-2007)<br />

Sec. <strong>89</strong>-3-203.<br />

Lot and bulk standards.<br />

(a) Lot size, setbacks and building height standards- Residential Zones: Creation of lots,<br />

and location of buildings on such lots, shall be subject to the following standards<br />

Zone Min. Lot A rea Min. Lot<br />

Width *<br />

Min. Front<br />

Yard<br />

A-1 One acre 150’ 30’ (20’on<br />

cul-de-sacs)<br />

Min.<br />

Corner<br />

Side<br />

Yard<br />

Min.<br />

Interior<br />

Side Yard<br />

Min.<br />

Rear<br />

Yard<br />

Max. Building Height<br />

30’ 8’ 25’ 30 feet, except that silos,<br />

windmills and other<br />

agricultural related<br />

accessory structures not<br />

used for human<br />

occupancy may exceed 30<br />

feet in height<br />

A-5 Five acres 150’ 30’ (20’on 30’ 8’ 25’ 30 feet, except that silos,<br />

cul-de-sacs)<br />

windmills and other<br />

agricultural related<br />

accessory structures not<br />

used for human<br />

occupancy may exceed 30<br />

feet in height<br />

Max.<br />

Building<br />

Coverage<br />

N/A<br />

N/A<br />

Separation<br />

between<br />

buildings on<br />

same lot<br />

No Requirement<br />

No Requirement


Zone Min. Lot Area Min. Lot<br />

Width *<br />

Min. Front<br />

Yard<br />

A-20 20 acres 150’ 30’ (20’on<br />

cul-de-sacs)<br />

Min.<br />

Corner<br />

Side<br />

Yard<br />

Min.<br />

Interior<br />

Side Yard<br />

Min.<br />

Rear<br />

Yard<br />

Max. Building Height<br />

30’ 8’ 25’ 30 feet, except that silos,<br />

windmills and other<br />

agricultural related<br />

accessory structures not<br />

used for human<br />

occupancy may exceed 30<br />

feet in height<br />

* Minimum required street frontage in all agricultural zones is 50 feet.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-3-204. General, provisions.<br />

Max.<br />

Building<br />

Coverage<br />

N/A<br />

Separation<br />

between<br />

buildings on<br />

same lot<br />

No Requirement<br />

(a) Generally. Development of each lot or site in the agricultural zone shall be subject to the<br />

provisions of chapter four of this <strong>Title</strong>, the <strong>West</strong> <strong>Jordan</strong> City Subdivision Ordinance, and to the property<br />

development standards set forth in this section.<br />

(b) Lot area per dwelling. Not more than one single-family dwelling shall be permitted on each<br />

lot in an agricultural zone.<br />

(c) Temporary Mobile Homes. A conditional use permit for a temporary mobile home located on<br />

the rear portion of a lot may be approved for one year pursuant to construction of a permanent dwelling on the<br />

same lot.<br />

(d)<br />

Standards of topsoil operation uses.<br />

(1) All topsoil operations that moves or disturbs more than 50 cubic yards of soil must obtain a<br />

land disturbance permit from the City of <strong>West</strong> <strong>Jordan</strong>.<br />

(2) Topsoil operations shall be solidly screened from the street and from neighboring properties in<br />

compliance with applicable provisions of Section <strong>89</strong>-6-803 of this <strong>Title</strong>. The site plan must<br />

incorporate a minimum 20’ landscape buffer around the perimeter of the topsoil operation to<br />

help screen the operations from the adjoining properties.<br />

(3) Must be located along a designated truck route as designated in §86-7-104 of the <strong>West</strong> <strong>Jordan</strong><br />

Municipal Code.<br />

(4) Submit a SWPP with permanent erosion, runoff and sediment control measures along with a<br />

maintenance and inspection schedule prior to final site plan approval.<br />

(5) Due to the permanent nature of the topsoil operations and outdoor storage associated with the<br />

business, a preliminary and final site plan must be approved.<br />

(6)<br />

Topsoil Operations must be greater than 300’ from a residential zone or land use.<br />

(7) The business must obtain a business license from the City of <strong>West</strong> <strong>Jordan</strong> prior to<br />

commencement of operations.<br />

(8) Obtain a Dust Control Permit from the State of Utah, Department of Environmental Quality,<br />

Division of Air Quality prior to final site plan approval.<br />

(9) Provide a restoration plan for the project site prior to final site plan approval.


(10) Provide a truck route plan prior to final site plan approval.<br />

(11) All vehicle and truck loads will be covered per §86-7-104 of the <strong>West</strong> <strong>Jordan</strong> Municipal Code.<br />

(12) The hours of operation will be from 7 a.m. to dusk.<br />

(13) The outdoor operations or storage of inventory, raw materials, supplies, equipment, and<br />

c ompany vehicles may be approved by the Planning Commission only if such operations or<br />

storage will be located behind the front building line and street side building line on a corner<br />

lot.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 05-71, 12-06-2005)<br />

PART 3. RESIDENTIAL ZONES<br />

Sec. <strong>89</strong>-3-301. Purpose of residential zones.<br />

(a) R-1 zone. The single-family residential (R-1) zones are established to encourage and promote<br />

an environment for family life by providing areas for single-family detached dwellings on individual lots and<br />

associated uses as defined in this part. This zone is characterized by attractively landscaped lots and open<br />

spaces with lawns and shrubs.<br />

(b) R-2 zone. The two-family residential (R-2) zone is established to provide<br />

a residential<br />

environment within the City which is characterized by attractively landsca ped single-f amily and two-family<br />

r esidential lots and structures and associated uses as defined in this part. This zone is intended to have a<br />

residential density slightly higher than the R-1 zone, but to maintain a residential character comparable to that<br />

of a single-family residential area.<br />

(c) R-3 zone. The multiple-family residential (R-3) zone is established to prov ide an attractive<br />

setting for multiple-family, two-family and single-family dwe llings, an d associated uses<br />

as defined in this<br />

part.<br />

(d) R-R zone. The rural residential (R-R) zone is established to provide areas where single-family<br />

residential use and associated uses, as defined in this part, may be harmoniously integrated with incidental<br />

a gricultural pursuits. This zone is intended to allow the keeping of a limited number of farm a nimals and fowl<br />

in conjunction with single-family dwelling units. It is intended, at the same time, to retai n land in parcels large<br />

enough to provide efficient and attractive development as urban uses extend in an orderly manner into these<br />

areas. The R-R zone is also intended to accommodate residential developments which are oriented to an<br />

equestrian life style. This would allow the design o f a residential community which could contain<br />

n oncommercial stables, training areas and equestrian trail s as an integral part of the development.<br />

(e) R-E zone. The residential estate (R-E) zone is established to provide areas where detached<br />

single-family dwellings and associated uses, as defined in this part, may be harmoniously integrated with the<br />

environment in large lot developments. This zone is characterized by open land that is interspersed<br />

with<br />

residential dwellings with attractively landscaped lots. This zone does not allow for the keeping of farm<br />

animals and fowl in conjunction with single-family dwellings.<br />

(f) R-M zone. The mobile home residential (R-M) zone is established to provide a residential<br />

environment primarily for mobile and manufactured hom es, either within an established mobile home<br />

park<br />

under one ownership, or within a mobile home subdivision under multiple ownership. The zone<br />

is intended to<br />

a ssure a high degree of compatibility between mobile ho me parks and adjacent resid ential development<br />

of


other types.<br />

(g) Collective <strong>Title</strong>. The foregoing zones are collectively referred to as "residential zones."<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-3-302. Permitted and conditional uses in residential zones.<br />

(a) Uses allowed in residential zones are listed in the table below. Those uses identified as<br />

“permitted” are allowed by right provided that they comply with all other requirements of this Chapter and all<br />

other applicable requirements of this <strong>Title</strong>. Uses identified as “conditional” must be approved by the Planning<br />

Commission pursuant to the standards and procedures for conditional uses set forth in Section <strong>89</strong>-5-404, and<br />

comply with all other applicable requirements of this <strong>Title</strong>. Uses identified as “Administrative Conditional<br />

Uses” (AC) shall be approved by the Zoning Administrator pursuant to the standards and procedures set forth<br />

in Section <strong>89</strong>-5-404 except that the Public Hearing shall be conducted by the Zoning Administrator, and<br />

comply with Section <strong>89</strong>-2-302(d) and all other applicable requirements of this <strong>Title</strong>. Uses not specifically<br />

listed in this section shall not be allowed in residential zones.<br />

LEGEND: C = Conditional Use Permitted And Conditional Uses In<br />

P = Permitted Use<br />

Residential Zones<br />

AC = Administrative Conditional Use<br />

R-1 R-2 R-3 R-R R-E R-M<br />

USE<br />

Accessory building or structure P P P P P P<br />

Accessory Living Quarters** C C<br />

Agriculture: except dai ries and the raising or keeping of<br />

P<br />

mink, peacock, swine, or turkeys, a lso subject to<br />

regulations of Animals Ordinance, <strong>Title</strong> 14 of <strong>West</strong><br />

<strong>Jordan</strong><br />

Municipal Code, or successor ordin ance.<br />

Animal husbandry services (located along major arterial<br />

streets only)<br />

Building moved fr om anoth er site (see section <strong>89</strong>-6-113) C C C C C C<br />

Church / place of worship C C C C C C<br />

Convalescent care facility P P P P P P<br />

Day care, limited, in a dwelling for up to 12 children P P P P P P<br />

Dwelling, multi-family<br />

Dwelling, single-family P P P P P P<br />

Dwelling, two-fa<br />

mily P P<br />

Golf course C C C C C C<br />

Home occupation for dance studios, aerobic exercise,<br />

music lessons tutoring, or general educational<br />

AC AC AC AC AC AC<br />

instruction for 7 to 12 children<br />

Home occupation listed in Section <strong>89</strong>-6-503 P P P P P P<br />

Household pets, subject to regulations of Animals<br />

Ordinance, <strong>Title</strong> 14 of <strong>West</strong> <strong>Jordan</strong> Municipal Code, or<br />

successor ordina<br />

nce.<br />

P<br />

P P P P P P<br />

Large scale public utilities C C C C C C<br />

Low power radio service facility<br />

C C C C C C<br />

Manufactured/modular home * P P P P P P<br />

Mobile home<br />

C<br />

P


LEGEND:<br />

USE<br />

C = Conditional Use<br />

P = Permitted Use<br />

AC = Administrative Conditional Use<br />

Permitted And Conditional Uses In<br />

Residential Zones<br />

R-1 R-2 R-3 R-R R-E R-M<br />

Mobile home park<br />

Model home P P P P P P<br />

Public park P P P P P P<br />

Residential facility for<br />

disabled persons<br />

P P P P P P<br />

Residential facility for elderly persons P P P P P P<br />

Schools, K – 12 C C C C C C<br />

Temporary office for real estate sales and pre-leasing only P P P P P P<br />

Transient apartm ents (not more tha n 10% of the to tal C<br />

number of units i n a multi-family develo pment<br />

* A manufactured or modu lar housing structure, constructed to applicable Federal<br />

or State con struction standards, shall be deeme d to<br />

be a permitted use if occupied as a single-family residence and m ay be located within this zoning district as though the structure<br />

were<br />

constructed on the site according to the International Building Code and other applicable standards if the structure meets or exceeds the<br />

pertinent provisions of this chapter for minimum living space, se tback, side yard, required attached two-car garage,<br />

and other similar<br />

building and zoning requirements.<br />

** Accessory Living Quarters shall be conditionally permitted provided the requirements of Section <strong>89</strong>-6-119 are met.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-20, 04-27-2004; Ord. No. 04-23, 05-25-2004; Ord. No.<br />

05-17, 04-19-2005; Ord. No. 05-69, 12-06-2005; Ord. No. 06-37, 10-24- 2006; Ord. No. 07-13, 04-17-2007)<br />

Sec. <strong>89</strong>-3-303. Lot and bulk standards.<br />

(a) Lot size, setbacks and building height standards- Residential Zones: Creation of lots,<br />

and location of buildin gs on such lots, shall be subject to the following standards<br />

C<br />

Zone<br />

Min. Lot Area Min. Lot<br />

Width *<br />

Min. Front<br />

Yard<br />

Min.<br />

Corne<br />

r Side<br />

Yard<br />

Min. Interior<br />

Side Yard<br />

Min.<br />

Rear<br />

Yard<br />

Rear Yard:<br />

corner Lot<br />

Max. Building<br />

Height<br />

Max.<br />

Building<br />

Coverage<br />

Separation between<br />

buildings on same<br />

lot<br />

R-3 Single-family 60’ 30’ (20’ on 20’ Single-family Single-fa Single-family: 30’<br />

35% Single-family: 6’<br />

ho me 6,000 s.f. cul-de-sacs) : 8’ m ily: 25’<br />

20’<br />

Duplex: 8,000<br />

s.f<br />

Twin Home:<br />

4,000 s.f.<br />

80’ 30’ (20’ on<br />

cul-de-sacs)<br />

40’ 30’ (20’ on<br />

cul-de-sacs)<br />

20’ 8’ 25’ 20’ 30’ 35% 6’<br />

20’ 8’ 25’ 20’ 30’ 35% 6’<br />

Multi-family<br />

development<br />

site: 1 acre<br />

70’ 30’ 20’ One story<br />

multi-family:<br />

15’<br />

Two or more<br />

story<br />

multi-family:<br />

30’<br />

One story<br />

multi-fami<br />

ly: 15’<br />

T wo or<br />

more story<br />

multi-fami<br />

ly: 30’<br />

Multi-family: 30’<br />

N/A One story<br />

30’ multi-family: 8’<br />

Two story<br />

multi<br />

fami ly: 12’<br />

Multi-family over<br />

two stories: 18’


Zone<br />

Min. Lot Area Min. Lot<br />

Width *<br />

R-M Single-family:<br />

6,000 s.f.<br />

Mobile home<br />

park: 10 acres<br />

Min. Front<br />

Yard<br />

Min.<br />

Corne<br />

r Side<br />

Yard<br />

Min. Interior<br />

Side Yard<br />

Min.<br />

Rear<br />

Yard<br />

80’ 20’ 20’ 6’ Single-fa<br />

mily: 25’<br />

One story<br />

multifamily:<br />

15’<br />

Rear Yard:<br />

corner Lot<br />

Max. Building<br />

Height<br />

Max.<br />

Building<br />

Coverage<br />

Separation between<br />

buildings on same<br />

lot<br />

20’ 30’ N/A 6’<br />

R-2 Duplex: 8,000<br />

s.f.<br />

Twin home:<br />

4,000 s.f.<br />

80’ 30’ (20’on<br />

cul-de-sacs)<br />

R-1-4 4,000 s.f. 50’ 25’ (20’on<br />

cul-de-sacs)<br />

Two or<br />

more story<br />

multi-fami<br />

ly: 30’<br />

20’ 8’ 25’ 20’ 30’ 35% 6’<br />

20’ 5’ on one side<br />

and 10’ on the<br />

other<br />

25’ 20’ 30’ 35% 6’<br />

R-1-6 6,000 s.f. 70’ 25’ (20’on 20’ 8’ 20’ 15’ 30’ 40% 6’<br />

cul-de-sacs)<br />

R-1-8 8,000 s.f. 75’ 30’ (20’on 20’ 8’ 25’ 20’ 30’<br />

cul-de-sacs)<br />

R-1-9 9,000 s.f. 80’ 30’ (20’on<br />

cul-de-sacs)<br />

35% 6’<br />

20’ 8’ 25’ 20’ 30’ 35% 6’<br />

R-1-10 10,000 s.f. 85’ 30’ (20’on 20’ 8’ 25’ 20’ 30’ 35% 6’<br />

cul-de-sacs)<br />

R-1-12 12,000 s.f. 90’ 30’ (20’on<br />

cul-de-sacs)<br />

R-1-14 14,000 s.f. 95’ 30’ (20’on 20’ 8’<br />

cul-de-sacs)<br />

20’ 8’ 25’ 20’ 30’ 35% 6’<br />

25’ 20’ 30’ 35% 6’<br />

R-1-16 16,000 s.f. 95’ 30’ (20’on 20’ 8’ 25’ 20’ 30’<br />

cul-de-sacs)<br />

RR-20 20,000 s.f. 100’ 30’ (20’on 20’ 8’ 25’ 10’ 30’, except that<br />

cul-de-sacs)<br />

silos, windmills<br />

and other<br />

agricultural<br />

related<br />

accessory<br />

structures not used<br />

for human<br />

occupancy may<br />

exceed 30 feet in<br />

height<br />

RR-30 30,000 s.f. 120’ 30’ (20’on 20’ 8’ 25’ 10’ 30’, except that<br />

cul-de-sacs)<br />

silos, windmills<br />

and oth<br />

er<br />

agricultural related<br />

accessory<br />

structures not used<br />

for human<br />

occupancy may<br />

exceed 30 feet in<br />

height<br />

35% 6’<br />

35% 6’<br />

35% 6’


Zone Min. Lot Area Min. Lot Min. Front Min. Min. Interior Min. Rear Yard: Max. Building Max. Separation between<br />

Width * Yard Corne Side Yard Rear corner Lot Height Building buildings on same<br />

r Side<br />

Yard<br />

Coverage<br />

lot<br />

Yard<br />

RR-40 40,000 s.f. 150’ 30’ (20’on<br />

cul-de-sacs)<br />

RE-20 20,000 s.f. 100’ 30’ (20’on<br />

cul-de-sacs)<br />

RE-30 30,000 s.f. 120’ 30’ (20’on<br />

cul-de-sacs)<br />

RE-40 40,000 s.f. 150’ 30’ (20’on<br />

cul-de-sacs)<br />

20’ 8’ 25’ 10’ 30’, except that<br />

silos, windmills<br />

and other<br />

agricultural related<br />

accessory<br />

structures not used<br />

for human<br />

occupancy may<br />

exceed 30 feet in<br />

height<br />

35% 6’<br />

20’ 8’ 25’ 10’ 30’ 35% 6’<br />

20’ 8’ 25’ 10’ 30’ 35% 6’<br />

20’ 8’ 25’ 10’ 30’ 35% 6’<br />

(b) Lot area for corner lots. The minimum lot area for corner lots in residential zones shall be<br />

1,000 square feet greater than the minimum required for each sub-zone.<br />

(c)<br />

Lot Frontage.<br />

(1) Except as specified in subsection <strong>89</strong>-3-304(b)(2) below, each lot in a residential zone shall<br />

have not less than 50 feet of frontage on a public street.<br />

(2) Notwithstanding the minimum lot frontage required above, irregular shaped lots located along<br />

the circular portion of a cul-de-sac or a knuckle portion of a street may be reduced to a<br />

minimum of 35 feet of lot frontage at the right-of-way line of a public street. The minimum<br />

lot width required by this section must be met at a minimum setback of 30 feet. The lot width<br />

and setback shall be recorded on the subdivision plat. Only one lot in a cul-de-sac or knuckle<br />

may have a reduced lot frontage as set forth in this section.<br />

(d) Minimum living space. The minimum living space of any single-family dwelling constructed<br />

after M ay 2, 2000, shall be as indicated by the alphabetical sub-zone, as shown in subsections (d)(1) through<br />

(d)(7) of this section, used in conjunction with the zoning designation.(e.g. R-1-10A).<br />

Dwelling Type<br />

Minimum Living Space<br />

(1)<br />

(2)<br />

(3)<br />

‘A’ sub-zone:<br />

One-level dwelling (rambler or split-entry) 2,000<br />

Split-level dwelling (tri-level)<br />

1,500<br />

Multistory dwelling (two or more) 1,800<br />

‘B’ sub-zone:<br />

One-level dwelling (rambler or split-entry) 2,200<br />

Split-level dwelling (tri-level) 1,800<br />

Multistory dwelling (two or more) 2,100<br />

‘C’ sub-zone:<br />

One-level dwelling (rambler or split-entry) 2,400<br />

Split-level dwelling (tri-level) 2,100


Multistory dwelling (two or more) 2,400<br />

(4)<br />

(5)<br />

‘D’ sub-zone:<br />

One-level dwelling (rambler or split-entry) 2,600<br />

Split-level dwelling (tri-level) 2,200<br />

Multistory dwelling (two or more) 2,700<br />

‘E’ sub-zone:<br />

One-level dwelling (rambler or split-entry) 3,000<br />

Split-level dwelling (tri-level) 2,400<br />

Multistory dwelling (two or more) 3,000<br />

(6) ‘F’ sub-zone:<br />

One-level dwelling (rambler or split-entry) 3,400<br />

Split-level dwelling (tri-level) 2,800<br />

Multistory dwelling (two or more) 3,300<br />

(7)<br />

‘G’ sub-zone:<br />

One-level dwelling (rambler or split-entry) 3,800<br />

Split-level dwelling (tri-level) 3,200<br />

Multistory dwelling (two or more)<br />

3,800<br />

(e) Utility equipment. There are no specific setbacks for utility equipment in residential zones.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 07-02, 02-06-2007; Ord. No. 07-19, 06-05-2007)<br />

Sec. <strong>89</strong>-3-304. Mobile home parks.<br />

(a) Site plan requirements. A site plan shall be submitted for review by the Planning Commission<br />

prior to the issuance of a building permit or mobile or manufactured home move-on permit for a mobile home<br />

park. The site plan shall be in conformance with Chapter 5, Part 3, of this <strong>Title</strong>, other applicable provisions of<br />

this <strong>Title</strong> and of the Subdivision Ordinance and the following standards and requirements:<br />

(1) Any mobile home park shall have a minimum area of ten acres. The area shall be in single<br />

ownership under individual or co rporate c ontrol so that it c an be developed as an integrated<br />

development under a single plan.<br />

(2) The number of mobile or manufactured homes shall be limited to a maximum of six units per<br />

acre. Mobile or manufactured homes ma y be clustered provided that the total number of units<br />

does not exceed the number permitted per acre multiplied by the number of acres in the<br />

development. Remaining land not used for mobile or manufactured homes, roads or parking<br />

shall be set aside and developed as recreation and service areas for common use and<br />

enjoyment of occupants of the park.<br />

(3) The setback and spacing requirements of this part shall apply in all mobile home parks.<br />

(4) Not less than eight percent of the gross area of any mobile home park shall be set aside for the<br />

joint use of occupants. The land covered by vehicular roadways, sidewalks and off-street<br />

parking shall not be construed as meeting this requirement.<br />

(5) Central recreation facilities shall be established in each mobile home park pursuant to the<br />

provisions of this <strong>Title</strong>. The size of such recreation area shall be at least 200 square feet for<br />

each mobile home lot or mobile home space within the development. The area of the


ecreation space may contain picnic facilities, community clubhouses, swimming pools,<br />

tennis courts and similar facilities provided exclusively for recreation purposes.<br />

(6) Each mobile or manufactured home shall have on the same site two paved parking spaces for<br />

automobiles. All parking spaces shall be paved with asphalt or concrete and shall be provided<br />

with a paved access from an approved street.<br />

(7) Mobile or manufactured home spaces within a mobile home park shall not be used for<br />

transient trailer sites. Such spaces shall be occupied only by mobile or manufactured homes<br />

which are placed upon piers or jacks and attached to public utilities. No lot or space shall be<br />

rented or leased for a period less than 30 days.<br />

(8) A lighted directory map showing streets, lot numbers, locations of the manager's office and<br />

other facilities in the mobile home park shall be clearly displayed at the entrance of any<br />

mobile home park but not closer than 50 feet from the designated right-of-way line of a public<br />

street.<br />

(9) Every mobile home park shall include a permanent building for office and administrative use.<br />

The building may include a single-family dwelling for the exclusive use of the owner or<br />

manager.<br />

(10) Skirting materials shall be provided entirely around the periphery of each mobile or<br />

manufactured home to conceal the open area beneath the structure. The skirting material shall<br />

be of durable construction and shall be compatible with the exterior finish of the mobile or<br />

manufactured home unit.<br />

(11) All parks shall be provided with safe, convenient, all-season pedestrian access of at least three<br />

feet in width. The access shall provide both a common walkway system and individual walks<br />

to each unit.<br />

(12) The owner or joint owners of a mobile home park shall ensure proper maintenance of all<br />

landscaping, fencing, grounds, utility services, lighting and storm drainage and otherwise<br />

comply with provisions of all City ordinances regarding buildings and uses of land.<br />

(13) Additions or attachments to mobile or manufactured homes in mobile home parks such as<br />

carports, covered patios, screen rooms or approved manufactured additions which meet HUD<br />

construction standards for mobile or manufactured homes may be approved by the City<br />

manager or his designee. The Planning Commission may by conditional use permit authorize<br />

other additions and attachments.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-3-305. Multiple-family dwelling developments.<br />

(a) Density and supplementary lot standards. Multiple-family dwelling developments shall be<br />

designed according to applicable requirements of Chapter 5 of this <strong>Title</strong>. A site plan shall be submitted for<br />

review by the Planning Commission prior to the issuance of a building permit for a multiple-family dwelling<br />

development according to the following standards and requirements:<br />

(1)<br />

Minimum lot area and unit density shall be determined as follows for multiple-family<br />

dwelling developments:<br />

Density<br />

Lot Size (in acres)


Single-family, Duplex and Twin Homes See Lot & Bulk Standards<br />

3 to six units/acre (R-3-6 zone) 1<br />

8 or less units/acre (R-3-8 zone) 1<br />

10 or less units/acre (R-3-10 zone) 1<br />

12 or less units/acre (R-3-12 zone) 1<br />

16 or less units/acre (R-3-16 zone) 1<br />

20 or less units/acre (R-3-20 zone) 2<br />

22 or less units/acre (R-3-22 zone) 2<br />

(2) Multiple-family dwelling developments having more than two floors that abut a single-family<br />

residential subdivision or development shall be set back a minimum of 30 feet from all<br />

property lines and 30 feet from the designated right-of-way lines of public streets.<br />

(3) Multiple-family dwellings shall be located no closer than 50 feet from any single-family or<br />

two-family dwellings.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 07-19, 06-05-2007)<br />

Sec. <strong>89</strong>-3-306. Residential exterior materials and design.<br />

(a) Exterior masonry required. Brick or stone shall be required on the exterior of all dwellings.<br />

The minimum area (A) of brick or stone required (measured in square feet) shall be determined by multiplying<br />

the outside perimeter (P) of the foundation (measured in feet), including the garage, by two feet (P X 2 = A).<br />

Stucco m ay be substituted for up to 50 percent of the required brick or stone (or A = 1 P) on any single-family<br />

dwelling meeting the floor area requirements of the E sub-zone. Stucco may be substituted for part or all of the<br />

required brick or stone (or A = 0) on any single-family dwelling meeting or exceeding the floor area<br />

requirements of the F or G sub-zone. (R)<br />

(b) Exception to masonry requirement. In order to encourage a variety of architectural design in<br />

residential construction, the requirement for exterior masonry may be modified if not less than four of the<br />

following architectural features are combined in a design to create an overall architectural style for a<br />

residential building.<br />

(1) Gabled, gambrel or hipped roof with a pitch of not less than 6/12 and heavy architectural<br />

shingles or tile.<br />

(2) Cornices.<br />

(3)<br />

(4)<br />

6/6 or 12/12 double hung windows with shutters.<br />

Portico, side lights and fan light.<br />

(5) Pediment entry with transom window.<br />

(6)<br />

Dormers.<br />

(7) Towers with conical roof.<br />

(8)<br />

Scallops or sunbursts.<br />

(9) Attached gazebos integrated into the front porch.


(10) Front porches not less than six feet in width with an integrated decorative railing.<br />

(c) Approval of alternate exterior materials. If it is determined that an architectural style has<br />

been established using the features described above, City planning staff may either:<br />

(1) Approve the use of clapboard or flat board siding of not less than six inches in height, with<br />

corner boards on 100% of the exterior of the building (No aluminum or vinyl siding shall be<br />

permitted); or,<br />

(2) Reduce the square footage or percentage of required brick, stone, or stucco.<br />

(d) Appeal. A housing design meeting the requirements of this section should have an easily<br />

identifiable architectural style, whether that style be Victorian, Colonial, Bungalow, Cape Cod, Tudor, etc.<br />

The planning staff shall determine whether this has been accomplished. If it is determined by staff that a<br />

proposed design does not establish an identifiable architectural style, the applicant shall be required to meet the<br />

brick requirement in subsection (a) of this section. If the applicant wishes to appeal the decision of planning<br />

staff, the appeal shall first be heard by the Zoning Administrator and, if further appeal is made, then the Board<br />

of Adjustment.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-3-307. General provisions – residential zones.<br />

(a) Status of performance overlay zones. All performance overlay zones existing at the time of<br />

adoption of the ordinance from which this <strong>Title</strong> is derived shall be nonconforming. A parcel of vacant land<br />

within a performance overlay zone may be developed in conformance with the provisions of the previously<br />

existing performance overlay zone requirements and platted as a performance subdivision (P-S) or<br />

performance development (P-D). A lot within a performance subdivision or performance development,<br />

meeting all requirements of the prior existing regulations related to performance overlay zones, shall not be<br />

denied a building permit solely for reasons of nonconformance with the requirements of this part.<br />

(b) Animal limitations. The maintenance and keeping of animals and fowl on a lot in a rural<br />

residential zone, where such use is permitted, shall be limited to a total of 20 animal points per 10,000 square<br />

feet as determined from the chart in this subsection. A minimum of 20,000 square feet is required for the<br />

keeping of animals or fowl. Legally created lots in rural residential zones that are between 18,000 square feet<br />

and 20,000 square feet shall be deemed to meet the 20,000 square feet minimum and point qualifications. All<br />

animals located on a lot of land shall be contained upon said lot.<br />

Type of Animal<br />

Number of Points per Animal<br />

Large animals such as horses and cows 20<br />

Medium size animals such as sheep and goats 10<br />

but not including standard size pigs<br />

Small animals such as chickens, ducks, geese, 4<br />

pigeons, rabbits, chinchillas<br />

(c) Garage required. Every single-family dwelling, two-family dwelling, manufactured home or<br />

modular home within the residential zones shall have a fully enclosed two-car garage (attached or detached)<br />

having a minimum outside width of 20 feet (as measured from outside of foundation to outside of foundation)<br />

and having at least 400 square feet in total floor area. A building permit shall not be issued for the construction<br />

of a single-family dwelling, two-family dwelling, manufactured home or modular home if the plans do not


include the garage required by this subsection.<br />

(d) Location of watercraft, trailers, camper, recreational vehicles and motor homes. Watercraft,<br />

trailers, campers, recreational vehicles, and motor homes stored in the front yard or side yard of a residential<br />

lot shall be subject to the following conditions:<br />

(1) Any portion of a parked or stored watercraft, trailer, camper, recreational vehicle, or motor<br />

home, shall not be closer than ten (10) feet from the edge of the sidewalk nearest the home or<br />

structure, or in the case of no sidewalk, no closer than ten (10) feet from the curb or edge of<br />

pavement. In no case shall any portion of a parked vehicle, watercraft, camper, trailer or<br />

motor home extend onto a sidewalk.<br />

(2) All vehicles, watercraft, motor homes, campers, or trailers parked in the front or side yard<br />

must meet current licensing requirements and be well maintained.<br />

(3) A motor home or travel trailer may be occupied by a guest or guests of the resident for up to 14<br />

consecutive days per calendar quarter provided the motor home or travel trailer meets the<br />

front and side yard setback requirements.<br />

(4) A motor home or travel trailer may be parked on the street while being loaded or unloaded for<br />

a period not to exceed 48 hours.<br />

(5)<br />

Parking areas for watercraft, trailers, campers, recreational vehicles and motor homes shall<br />

have a parking surface constructed of asphalt, concrete, grasscrete, a minimum ¾ inch or<br />

larger gravel mix, pavers, permeable asphalt or concrete rock, stone, turf block, or any<br />

combination of the aforementioned materials. Gravel, gravel mix, crushed rock, and stone<br />

shall have a minimum of four inches.<br />

(e) Temporary mobile or manufactured homes. A conditional use permit may be issued for a<br />

temporary mobile or manufactured home located on the rear portion of a residential lot during the construction<br />

of a permanent<br />

dwelling for not longer than one year.<br />

(f)<br />

and direct light<br />

Lighting. On-site lighting shall be located, directed or designed in such a manner as to contain<br />

and glare only to the property on which it is located.<br />

(g) Landscaping. All uses in residential districts shall comply with the provisions governing<br />

landscaping in Chapter 6, Part 7, of this <strong>Title</strong>.<br />

(h) Parking and loading. All uses in residential districts shall comply with the provisions<br />

governing off-street parking in Chapter 6, Part 6, of this <strong>Title</strong>.<br />

(i). Signs. All signs in residential districts shall comply with the provisions governing signs in<br />

Chapter 6, Part 11, of this <strong>Title</strong>.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-43, (d), 10-19-2004; Ord. No. 07-41, 12-11-2007)<br />

PART 4.<br />

PLANNED DEVELOPMENT ZONES<br />

Sec. <strong>89</strong>-3-401. Purpose and intent.<br />

(a) Planned residential development zone. The purpose of the Planned Residential Development<br />

(PRD) zone is to encourage imaginative, creative and efficient utilization of land by establishing development


standards that provide design flexibility, allow integration of mutually compatible residential uses, and<br />

encourage consolidation of open spaces, clustering of dwelling units, and optimum land planning with greater<br />

efficiency, convenience and amenity than may be possible under the procedures and regulations of<br />

conventional zoning classifications. A planned residential development should also incorporate a common<br />

architectural design theme throughout the project that provides variety and architectural compatibility, as<br />

opposed to a development of individual, unrelated buildings located on separate, unrelated lots.<br />

(b) Planned community zone. The purpose of the planned community (P-C) zone is to encourage<br />

imaginative and efficient utilization of land through the clustering of buildings, and the integration of<br />

compatible mixed uses (i.e., residential, commercial, recreational). The mix of uses is encouraged in order to<br />

create more convenient and effective integration of uses that work in concert to create a more attractive and<br />

desirable environment in which people can enjoy employment, residence and leisure within close proximity to<br />

each other. This zone is characterized by mixed uses in attractively designed buildings within a well-planned<br />

and well-coordinated landscaped setting. It is also characterized by a design intended to mitigate the negative<br />

effects of noise, traffic and undue congestion.<br />

(c) Overall intent. It is the intent of the City that site and building plans for planned developments<br />

be prepared by a designer or team of designers having professional competence in urban planning, site<br />

planning, and architectural and landscape architectural design. However, it is not the City’s intent that design<br />

control be so ri gidly exercised that individual initiative is stifled or that substantial additional expense is<br />

incurred. Rather, it is the intent of this section that the control exercised be the minimum necessary to achieve<br />

the purpose of this chapter. The intent of planned developments is to:<br />

(1)<br />

Create more attractive and more desirable environments in the City;<br />

(2) Allow a variety of uses and structures and to encourage imaginative concepts in the design of<br />

neighborhood housing and mixed use projects;<br />

(3) Provide flexibility in the location of buildings on the land;<br />

(4) Facilitate and encourage social and community interaction and activity among those who live<br />

within a neighborhood;<br />

(5) Encourage the creation of a distinctive visual character and identity for each planned<br />

development;<br />

(6) Produce a balanced and coordinated mixture of uses and related public and private facilities;<br />

(7) Encourage a broad range of housing types including owner and renter-occupied units,<br />

single-family detached dwellings, and multiple-family structures as well as other structural<br />

types;<br />

(8) Preserve and take the greatest possible aesthetic advantage of existing trees and other natural<br />

site features, and, in order to do so, minimize the amount of grading necessary for construction<br />

of a development;<br />

(9) Encourage and provide for open land for the general benefit of the community and public at<br />

large as places for recreation and social activity;<br />

(10) Achieve physical and aesthetic integration of uses and activities within each development;<br />

(11)<br />

Encourage and provide for development of comprehensive pedestrian circulation networks,


separated from vehicular roadways in order to create linkages between residential areas, open<br />

spaces, recreational areas, and public facilities, thereby minimizing reliance on the automobile<br />

as a means of transportation;<br />

(12) Since many of the purposes for planned development zones can best be realized in large-scale<br />

developments, development on a large, planned, scale is encouraged;<br />

(13) Achieve safety, convenience and amenity for the residents of each planned residential<br />

development and the residents of neighboring areas.<br />

(14) Assure compatibility and coordination of each development with existing and proposed<br />

surrounding land uses.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-3-402. Process for zone change to a planned development designation – conceptual<br />

development plan required.<br />

(a) Approval criteria. In order to determine if a proposed planned development will accomplish<br />

the purp oses and intent of planned development zones, a conceptual development plan shall be submitted with<br />

each application for a zone change. Prior to approval of a zone change to a PRD or P-C designation, the City<br />

Council, after first<br />

receiving a recommendation from the Planning Commission, shall find that the proposed<br />

zone and associated conceptual plan is consistent with the purpose and intent outlined in section <strong>89</strong>-3-401. In<br />

addition, the City Council shall find that the proposed development is not in conflict with any applicable<br />

element of the City’s General Plan.<br />

(b) Ownership at time of application. Each planned residential development shall be in<br />

single or corporate ownership at the time of application, or the subject of an application filed jointly by<br />

all owners of the property.<br />

(c) Submittal requirements for conceptual development plan. The following information shall be<br />

provided in addition to that required by subsection <strong>89</strong>-5-305 of this <strong>Title</strong>:<br />

(1) A complete and accurate legal description of the property that is the subject of the planned<br />

development.<br />

(2) A topographic map of the entire site shall be prepared showing contour intervals at two feet or<br />

less.<br />

(3) Plans shall show the locations of parks, common open spaces, playgrounds, school sites, and<br />

other public or private recreation facilities and improvements proposed within the<br />

development.<br />

(4) The general location of all dwellings and/or institutional and commercial structures in the<br />

development, and an indication of the proposed population densities and building densities,<br />

including tables or graphs showing the percentages of each dwelling type being proposed.<br />

(5) A preliminary development schedule indicating the phases in which development will occur<br />

and the approximate dates when said phases will be completed.<br />

(6) A draft of the declaration of covenants, conditions and restrictions for the proposed<br />

development.


(7) Additional information may be required by the City Planner or Planning Commission which<br />

may be necessary to adequately evaluate the proposed development.<br />

( d) S pecification of mixed uses in P-C zones. The general categories of uses to be established in a<br />

planned community zone shall be specified in the conceptual development<br />

plan. The areas to be devoted to<br />

each of the land use classifications shall be clearly shown on the conceptual plan together with the acreage of<br />

each land use area. The following general classifications should be used in making these designations:<br />

(1) Commercial.<br />

(2) Multiple-residential (specified average density).<br />

(3) Single-family residential (specified average density).<br />

(4) Institutional ( schools, churches, etc.).<br />

(5) Recreational (specified types).<br />

(e) Conditions of approval. The City Council may impose conditions on the approval of any zone<br />

change to a planned development designation in order to insure, among other things, that:<br />

(1) the applicant has the financial capability to carry out the proposed project;<br />

(2) the development will be planned as one integrated land use rather than as an aggregation of<br />

individual and unrelated buildings, uses or developments; and,<br />

(3) the development as planned will accomplish the purpose and intent of this chapter.<br />

( Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-20, (5), 04-27-2004)<br />

S ec. <strong>89</strong>-3-403. Density designations.<br />

( a) Planned residential development density. Density in planned development zones is calculated by<br />

dividing the number of proposed dwelling units by the number of acres designated for residential development<br />

on the conceptual development plan. Proposed parks and public or private open space may be included in<br />

determining the number of acres used in this calculation. However, areas proposed for non-residential uses<br />

( i.e., commercial, office, church, or school sites) shall not be used in determining residential density. Density<br />

ranges for sub-categories of planned developments are specified below. If a proposed development does not<br />

q ualify for bonus density as outlined in Section <strong>89</strong>-3-408(b), the minim um density shall apply.<br />

(1) Density in PRD Zones.<br />

a.<br />

PRD(L). The PRD(L) classification typically will be used in conjunction with areas<br />

that are designated as “low density” on the general land use map. Densities may<br />

range from 1.0 units per acre to 3.0 units per acre.<br />

b. PRD(M). The PRD(M) classification typically will be used in conjunction with areas<br />

that are designated as “medium density” on the general land use map. Densities may<br />

range from 3.1 units per acre to 5.5 units per acre.<br />

c. PRD(H). The PRD(H) classification typically will be used in conjunction with areas<br />

that are designated as “high density” on the general land use map. Densities may<br />

range from 5.6<br />

units per acre to 10 units per acre.


d . PRD(VH). The PRD(VH) classification typically will be used in conjunction with<br />

areas that are designated as "very high density" on the general land use map.<br />

Densities may range from 10.1 units per acre to 24 units per acre.<br />

(2) Density in P-C Zones. Final density in P-C Zones shall be approved by the City Council after<br />

receiving recommendations from the Planning Commission.<br />

( Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-23, 05-25-2004)<br />

Sec. <strong>89</strong>-3-404. Permitted and conditional uses in planned development zones.<br />

(a) Uses allowed in planned development zones are listed in the table below. Those uses<br />

i dentified as “permitted” are allowed by right provided that they comp ly with all other requirements of this<br />

Chapter and all other applicable requirements of this <strong>Title</strong>. Uses identified as “conditional” must be approved<br />

by the Planning Commission pursuant to the standards and procedures for conditional uses set forth in Section<br />

<strong>89</strong>-5-404, and comply with all other applicable requirements of this <strong>Title</strong>. Uses identified as “Administrative<br />

Conditional Uses” (AC) shall be approved by the Zoning Administrator pursuant to the standards and<br />

procedures set forth in Section <strong>89</strong>-5-404 except that the Public Hearing shall be conducted by the Zoning<br />

Administrator, and comply with Section <strong>89</strong>-2-302(d) and all other applicable requirements of this <strong>Title</strong>. Uses<br />

not specifically listed in this section shall not be allowed in planned development zones.<br />

LEGEND:<br />

C = Conditional Use<br />

P = Permitted Use<br />

AC = Administrative Conditional Use<br />

Permitted And Conditional Uses In<br />

Planned Development Z ones<br />

USE PRD P-C<br />

Accessory building or structure, residential P P<br />

Auditorium or stadium<br />

Bank or financial institution<br />

Building moved from another site (see section <strong>89</strong>-6-113) C C<br />

Carwash<br />

Church / place of worship P P<br />

Club or service organization<br />

Cultural service<br />

Day care, general AC AC<br />

Day care, limited AC AC<br />

Dwelling, multiple-family P P<br />

Dwelling, single-family P P<br />

Dwelling, single-family, attached<br />

(no mo re than eight units per building with no more than two<br />

walls in common and no units above other units)<br />

Dwelling, two-family P P<br />

Garden c enter (fully enclosed)<br />

P<br />

Gasoline Service Station<br />

Government service C P<br />

Home occupation, major AC AC<br />

Home occupation, minor P P<br />

P<br />

C<br />

P<br />

C<br />

C<br />

P


LEGEND:<br />

C = Conditional Use<br />

P = Permitted Use<br />

AC = Administrative Conditional Use<br />

Permitted And Conditional Uses In<br />

Planned Development Zones<br />

USE PRD P-C<br />

Hotel or motel<br />

Household pets P P<br />

Large scale public utilities C C<br />

Low power radio service facility C C<br />

Media service<br />

Medical service C C<br />

Model home P P<br />

Neighborhood commercial C P<br />

Personal care service<br />

Personal Instruction Service<br />

Produce or flower stands<br />

Public park, playgrounds, and athletic areas P P<br />

Household pets<br />

P P<br />

Recreation and entertainment, outdoor<br />

Repair service, li mited P<br />

Residential facility for disabled persons P P<br />

Residential facility for elderly persons<br />

P P<br />

Restaurant, fast-foo d<br />

C<br />

Restaurant, general<br />

Retail, general<br />

School, vocational<br />

Schools, K –12 P P<br />

Temporary office AC AC<br />

Utility, major C C<br />

Vehicle and equipment repair, limited<br />

Veterinarian services C C<br />

(b) The following land uses are only allowed as either Permitted or Conditional Uses in Planned<br />

Development Zones that are designated as Transit Oriented Developments on the General Land Use Plan map.<br />

LEGEND:<br />

C = Conditional Use<br />

P = Permitted Use<br />

AC = Administrative Conditional Use<br />

Permitted And Conditional Uses In<br />

Planned Development (P-C) also designated<br />

as Transit Oriented Development Overlay<br />

Zones<br />

USE PRD P-C<br />

Farmer’s Market<br />

General Office,<br />

except pawn shop and bail bond services<br />

P<br />

Laundry or dry cleaning, limited<br />

Medical Service C P<br />

Neighborhood commercial P P<br />

C<br />

C<br />

P<br />

C<br />

P<br />

P<br />

P<br />

P<br />

P<br />

P<br />

P


LEGEND:<br />

C = Conditional Use<br />

Permitted And Conditional Uses In<br />

P = Permitted Use<br />

Planned Development (P-C) also designated<br />

AC = Administrative Cond itional Use<br />

as Transit Oriented Development Overlay<br />

Zones<br />

USE PRD P-C<br />

Printing and copying, limited P<br />

Parking, Commercial P<br />

Restaura nt, Fast Food<br />

P<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-04, 01-06-04; Ord. No. 04-20, 04-27-2004; Ord. No.<br />

04-46, 11-16-2004; Ord. No. 05-16, 04-19-2005; Ord. No. 05-69, 12-06-2005; Ord. No. 06-16, 03-28-2006;<br />

Ord. No. 06-34, 09-05-2006)<br />

Sec. <strong>89</strong>-3-405. Areas, setbacks, and height.<br />

(a)<br />

(1)<br />

Minimum site area<br />

PRD zones. No planned residential development shall have an area less than that approved by<br />

the Planning Commission.<br />

(2) P-C zones. The minimum size for a Planned Community Zone shall be 50 acres, except that<br />

the City Council may approve a re-zone request to the Planned Community Zone<br />

classification for a parcel smaller than 50 acres if the developer can reasonably show that the<br />

surrounding neighborhood will not be adversely affected by the granting of such zone<br />

classification and that the provisions of this Part will be complied with.<br />

(b)<br />

Lot Area.<br />

(1) PRD zones. Individual lots in planned residential developments shall comply with the<br />

following minimum and maximum size ranges:<br />

Zone Minimum Maximum<br />

PRD(L) 10,000 ½ acre<br />

PRD(M) 7,000 12,000<br />

PRD(H) 5,000 10,000<br />

PRD(MF) 4 acres None<br />

(2) P-C zones. Lot sizes in planned community zones shall be established by the Planning<br />

Commission through approval of the final development plan.<br />

(c) Building coverage and setbacks. With the following exceptions, dwellings and permitted<br />

structures may be located as approved in the final development plan. Location and arrangement of buildings<br />

on a lot shall be accomplished in manner that will best utilize the lot area and create an attractive living<br />

environment. The following exceptions shall be considered minimum requirements:<br />

(1) Garages in PRD zones.<br />

a. Street-facing garage doors shall be even with, or recessed behind, either the front<br />

facade of the living area portion of the dwelling or a covered porch which measures at<br />

least six feet by eight feet.


. Garage doors may be located on the side or rear of a dwelling provided that the side of<br />

the garage facing the front street has windows or other architectural details that mimic<br />

the features of the living portion of the dwelling.<br />

c. Garage doors shall not comprise more than 50 percent of the ground floor<br />

street-facing linear building frontage. Alleys and corner lots are exempt from this<br />

standard.<br />

d. Attached and multifamily dwellings which front on two streets or on a major walkway<br />

spine shall be exempt from subsections (c)(1), (c)(2) and (c)(3) above. The facade<br />

oriented to the second street or walkway spine should include windows, doorways<br />

and a structured transition from public to private areas using built elements such as<br />

porch features, pediments, arbors, low walls, fences, trellis work, and/or similar<br />

elements integrated with plants.<br />

e. Alternative garage door treatments may be approved by the Zoning Administrator if<br />

the configuration of the lot or other existing physical condition of the lot makes the<br />

application of these standards impractical and the proposed design substantially meets<br />

the intent of these provisions which is to line streets with active living spaces, create<br />

pedestrian-oriented streetscape, and provide variety and visual interest in the exterior<br />

design of residential buildings.<br />

(2) Garages in P-C zones.<br />

a. Garages facing directly on a public or private street, whether in the front or side yard,<br />

shall be set back behind the front facade of the living area portion of the dwelling or a<br />

covered porch at least five feet.<br />

b. Side or rear loaded garages in P-C zones, shall be set back at least 20 feet from the<br />

property line.<br />

(3)<br />

Main residential buildings in P-C zones shall be set back at least 20 feet from property lines.<br />

(4) Setbacks shall be maintained along peripheral property lines of planned developments that are<br />

equal to setbacks required by the zone on abutting property.<br />

(5) In instances where a proposed planned development will front on one or more existing public<br />

street, the setback from the street shall be equal to that required by the most restrictive zoning<br />

on property immediately adjacent or across the public street from the proposed planned<br />

development.<br />

(d)<br />

Maximum height of buildings and structures.<br />

(1) PRD zones. Maximum height of buildings and structures in planned residential zones shall be<br />

established by the Planning Commission through approval of the final development plan.<br />

Where feasible, lower height and intensity of buildings, uses or impacts shall be arranged<br />

around the boundaries of the development.<br />

(2) P-C zones. The maximum height of buildings and structures within a planned community<br />

shall be as follows:<br />

a. Single family residential buildings: Two (2) stories or thirty-five (35) feet, whichever


is greater.<br />

b. Multiple-family residential buildings: Two (2) stories or thirty-five (35) feet,<br />

whichever is greater.<br />

c. Commercial buildings and structures: No limitation except as may be imposed by the<br />

current edition of the International Building Code, or as may be established as a<br />

condition of approval on the preliminary or final plan by the Planning Commission.<br />

d. Institutional buildings and structures: Two (2) stories or thirty -five (35) feet,<br />

whichever is greater.<br />

e. Recreational buildings and structures: Two (2) stories or thirty-five (35) feet,<br />

whichever is greater.<br />

f. TOD (Transit Oriental Development. Buildings or other structures in areas identified<br />

for TOD on the General Plan Land Use Map or on the Zoning Map shall be limited in<br />

height to 60 feet, unless a greater height is recommended by the Planning<br />

Commission and approved by the City Council through the approval of a final<br />

development plan. Under no circumstances shall buildings or other structures be<br />

allowed to exceed 80 feet.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-46, 11-16-2004)<br />

Sec. <strong>89</strong>-3-406. Dedication and maintenance of open land required.<br />

(a) Dedication of open land. All planned developments shall provide permanently dedicated<br />

open land within the project area according to the following standards.<br />

(1)<br />

(2)<br />

PRD zones. A minimum of 15 percent of the gross area of planned residential development<br />

shall be retained as permanent open land<br />

P-C zones. A minimum of 10 percent of the gross area of a planned community shall be<br />

retained in permanent open land.<br />

(b) Computation of area. Land proposed to be devoted to vehicular streets or roads, parking,<br />

driveways, required setbacks, commercially paved areas, and slopes greater than 25 percent shall not be<br />

included in computations of permanent open land.<br />

(c) Design o f common open land. Diversity in the design and use of common areas is encouraged,<br />

and approval of a common open space plan shall be judged as to its appropriateness based on the following<br />

criteria:<br />

(1) Areas intended for public use shall be freely accessible from streets and/or other common area<br />

that have unrestricted entry. The configuration of such land shall be to accommodate parks,<br />

play fields, and play areas as directed by the City.<br />

(2) Areas intended for restricted use shall be interspersed within residential development so as to<br />

convey a sense of openness within the neighborhood. Residential developments shall not<br />

totally exclude open land from fronting on streets at appropriate intervals.<br />

(3) Agricultural lands shall be located in areas having suitable production capabilities including<br />

soil conditions, fertility, water, access, and land configuration to accommodate the intended<br />

cultivation practices.


(d)<br />

Use of open land. Use of open land is limit to the following:<br />

(1) Natural areas of undisturbed vegetation or areas replanted with vegetation after development,<br />

including woodlands, floodplains and natural areas. Use and maintenance is limited to<br />

removal of litter and accumulated plant material. Natural waterways are to be maintained as<br />

free-flowing and devoid of debris. Stream channels shall conform to the City storm water<br />

master plan and be maintained so as not to alter base flood elevations.<br />

(2) Agricultural uses where conditions are suitable for agricultural production. Minimum areas<br />

for agricultural use designation shall be five acres.<br />

(3) Garden plots for the common use of residents.<br />

(4) Greenways that may include pedestrian ways, bike paths, and equestrian trails linking<br />

residential areas with other open-space uses.<br />

(5) Recreation areas designed for specific recreational activities such as tot lots, play fields, tennis<br />

courts, and similar facilities.<br />

(6) Storm water control and management in conjunction with other allowed uses described in this<br />

section.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-3-407. Development plan requirements.<br />

(a) Planning Commission approval. After rezoning and conceptual plan approval, preliminary<br />

and final development plans shall be submitted to the Planning Commission for approval. The Planning<br />

Commission shall consider and have final authority for approval of all developments within the PRD and P-C<br />

zones.<br />

(b)<br />

Preliminary development plans.<br />

(1) Preliminary development plans shall comply with the site plan requirements outlined in<br />

Section <strong>89</strong>-5-306 of this <strong>Title</strong>.<br />

(2) The Planning Commission may approve, approve with conditions, or reject any proposed<br />

planned development.<br />

(c) Final Development Plan Requirements. Five (5) copies of final development plans shall be<br />

submitted to the Planning Commission.<br />

(1) Plans may be submitted for individual phase of a development, provided each phase can exist<br />

as an independent development that is capable of meeting the requirements and standards of<br />

this <strong>Title</strong>. Development of an individual phase shall not be detrimental to the planned<br />

community concept nor to adjacent properties if the remainder of the project is not completed.<br />

(2) In addition to the requirements of Section <strong>89</strong>-5-307 of this <strong>Title</strong>, final development plans shall<br />

include:<br />

a. A detailed site plan with<br />

complete dimensions showing precise locations of all<br />

buildings and structures, proposed uses of buildings and structures, lot or parcel sizes


and locations, designation of common open spaces and special use areas, and a<br />

detailed circulation pattern including ownership of the proposed streets.<br />

b. Final exterior design for all building types, presented as exterior perspectives or<br />

exterior elevations.<br />

c. Landscape and Irrigation Plans complying with provisions of Section <strong>89</strong>-6-703 shall<br />

be prepared for the entire site to be developed. Landscaping, fencing and screening<br />

related to uses within a planned development shall be used as a means of integrating<br />

the proposed development into its surroundings<br />

d. Dimensioned parking layout showing location of individual parking stalls and all<br />

areas of ingress and egress.<br />

e. Detailed engineering plans or final subdivision plat showing site grading, street<br />

improvements with profiles and typical section, surface and subsurface drainage, and<br />

public utility locations.<br />

f. The fully executed declarations of covenants, conditions, and restrictions together<br />

with open space easements and other bonds, guarantees or agreements as required<br />

herein or as may be deemed necessary by the planning and zoning department and/or<br />

the City attorney.<br />

g. A time schedule for the completion of landscaping, parking, street improvements and<br />

amenities that are guaranteed by bonds or other securities.<br />

(3) Prior to approving final development plans, the Planning Commission shall find that:<br />

a. It is in substantial compliance with the approved preliminary development plan.<br />

b. The development fully meets the objectives and purposes established for a planned<br />

development.<br />

(4) The Planning Commission may impose additional conditions of approval for final<br />

development plans.<br />

(d) Conformance with approved plans. Upon approval of a planned development, construction<br />

shall proceed only in accordance with approved final plans and specifications, and in conformity with any<br />

conditions attached to the approval.<br />

(1) Amendments to approved plans and specifications shall be obtained only by following the<br />

procedures required for first approval.<br />

(2) No permit shall be issued for any proposed building, structure or use within a planned<br />

development unless such building, structure or use is in compliance with the approved final<br />

development plans and with any conditions imposed in conjunction with that approval.<br />

(e) Failure to submit final development plan. Failure to submit final development plans for a<br />

portion of the planned community within one year of the approval of the preliminary development plan shall<br />

terminate all proceedings and render the preliminary development plan null and void. Such action, however,<br />

shall not affect the validity of a P-C or PRD zone.<br />

(Enacted<br />

by Ord. No. 03-40, 07-15-2003; Ord. No. 05-016, 04-19-2005)


Sec. <strong>89</strong>-3-408. General provisions<br />

(a) Compliance with related sections. No provision of this Part shall be interpreted so as to<br />

relieve the developer of a planned development from complying with all applicable development standards,<br />

technical standards, subdivision standards, and development approval processes of the City.<br />

(b) Density bonuses. Density bonuses may be applied in any PRD zone. If no bonus is applied,<br />

the lowest density defined in Section <strong>89</strong>-3-403(a)(1) shall be used. If bonus densities are applied, they may<br />

only increase density to the maximum defined in Section <strong>89</strong>-3-403(a)( 1). Bonus densities in units per acre<br />

(u/a) may be applied for the following amenities:<br />

(1) Each one percent of additional open space equals 0.25 u/a.<br />

(2)<br />

A detached garage equals 0.15 u/a.<br />

(3) Ten-foot park strips along with six-foot sidewalks equals 0.10 u/a.<br />

(4) Recreational facilities as follows:<br />

a. Swimming pool equals 0.25 u/a.<br />

b.<br />

Tennis courts and tot lots equals 0.15 u/a.<br />

c. Barbecue pits, picnic facilities, etc., equals 0.10 u/a.<br />

( 5) Theme lighting equals 0.15 u/a.<br />

(6) Alleys equal 0.10 u/a.<br />

(7) Upgraded architectural features (as per section <strong>89</strong>-6-304) equal 0.15 u/a.<br />

(c) Alley access. Whenever a lot has frontage along an alley, any new off-street parking area<br />

located on such lot must obtain access from such adjoining alley; provided, however, that such alley access<br />

shall not be required when a new detached garage is proposed to be accessed from an existing driveway that<br />

has a curb cut along a public street, or when alley access is determined by the City Engineer to be a hazard to<br />

persons or vehicles.<br />

(d) Street development standards. All streets developed and maintained within a planned<br />

development shall be developed to technical standards established by City of <strong>West</strong> <strong>Jordan</strong> for the class of street<br />

being constructed. However, in instances where the developer can show that, due to severe topography,<br />

security requirements, or other special circumstances, dedication or development to City standards is<br />

impractical or undesirable, the Planning Commission, after receiving recommendations from the City<br />

Engineer and Fire Chief, may approve modified street standards as p art of the final development plan.<br />

(e) Parking and loading. All uses in planned development dist ricts shall comply with provisions<br />

governing off-street parking Chapter 6, Part 6, of this <strong>Title</strong>.<br />

(f). Signs. All signs in planned development districts shall comply with the provisions governing<br />

signs in Chapter 6, Part 11 of this <strong>Title</strong>.<br />

( Enacted by Ord. No. 03-40,<br />

07-15-2003)


PART 5. OFFICE AND RESEARCH PARK ZONES<br />

Sec. <strong>89</strong>-3-501. Purpose of office and research park zones.<br />

(a) P-O zone. The professional office (P-O) zone is established to provide areas where<br />

professional and business offices, laboratories, studios, and other office-related facilities may be located in the<br />

City. The intent of this zone is to allow only those uses that will promote a professional office environment.<br />

Uses which produce loud noises, excessive vehicle traffic, excessive parking needs, objectionable odors,<br />

storage of large amounts of hazardous substances, or the outside storage of inventory or equipment are not<br />

appropriate in this zoning district. Developments in the P-O zone should be designed to create an appropriate<br />

environment<br />

in which professional and business services can be conducted. Buildings, si gns, and other<br />

structures within this zone should be planned so as to be architecturally c ompatible with their surroundings.<br />

The P-O zone is considered to be an ideal buffer zone between commercial or manufacturing zones and<br />

residential zones.<br />

(b) BR-P zone. The business and research park zone (BR-P) is intended for the establishment and<br />

preservation of areas designed for research, development, scientific, and business endeavors conducted in a<br />

park-like setting. Some light manufacturing uses are appropriate and may be associated with<br />

research-intensive industries. All uses in the BR-P zone should be conducted in well-designed, architecturally<br />

appealing bui ldings surrounded with abundant landscaped open space. Access, parking, and utility areas<br />

should be designed to enhance the park-like atmosphere and the convenience of workers and visitors. Uses in<br />

this zone should not have characteristics of heavy manufacturing zones such as excessive noise and light,<br />

unpleasant odors or fumes, pollution, and numerous heavy vehicles. This zone should act as a suitable and<br />

compatible buffer for high-quality residential areas. The BR-P zone should not, however, be established for<br />

the purpose of creating a buffer unless it is located so as to be accessible to arterial streets, provides adequate<br />

space for unified and functional development and supports the General Plan of the City.<br />

(1) Lots or parcels of land shall not be rezoned to the business and research park zone unless the<br />

City Council finds the proposed BR-P zone will:<br />

a.<br />

Be in compliance with the goals and policies of the General Plan, or a variation from<br />

the General Plan or land use plan can be justified;<br />

b. Not encourage strip or spot development or incompatible land uses;<br />

c. Encourage orderly development, not leapfrogged or sprawled development, and will<br />

not place excessive demands on City services;<br />

d. Encourage sensitivity to the natural and historical features of the land and enhance the<br />

urban environment;<br />

e. Enhance<br />

the economic conditi on of the City and contribute to a well-rounded<br />

community;<br />

and<br />

f. Promote the safety and convenience of the City’ s residents and businesses.<br />

(2) Any area of land that is to be divided i nto two or more parcels in the BR-P zone shall be<br />

platted as a subdivision in accordance with the subdivision procedures set forth in <strong>Title</strong> 87. In<br />

addition to the standard plat requirement s, landscaped open spaces shall be designated on the<br />

plat.


(3) Each business and research park zone shall have a minimum area of 20 acres.<br />

(c) Collective <strong>Title</strong>. The foregoing zones are collectively referred to as "office and research park<br />

zones."<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-23, 05-25-2004)<br />

Sec. <strong>89</strong>-3-502. Permitted and conditional uses in professional office zones.<br />

Uses allowed in office and research park zones are listed in the table below. Those uses identified as<br />

“ permitted” are allowed by right provided that they comply with all requirements of this Chapter, and all other<br />

applicable requirements of this <strong>Title</strong>. Uses identified as “conditional” must be approved by the Planning<br />

Commission pursuant to the standards and procedures for conditional uses set forth in Section <strong>89</strong>-5-404, and<br />

comply with all other applicable requirements of this <strong>Title</strong>. Uses identified as “Administrative Conditional<br />

Uses” (AC) shall be approved by the Zoning Administrator pursuant to the standards and procedures set forth<br />

in Section <strong>89</strong>-5-404 except that the Public Hearing shall be conducted by the Zoning Administrator, and<br />

comply with Section <strong>89</strong>-2-302(d) and all other applicable requirements of this <strong>Title</strong>. Uses not specifically<br />

listed in this section shall not be allowed in office and research park zones.<br />

LEGEND: C = Conditional Use Permitted And Conditional Uses In<br />

P = Permitted Use<br />

Office and Research Park Zones<br />

AC = Administrative Conditional Use<br />

USE P-O BR-P<br />

Accessory building or structure, residential P P<br />

Airport (hangars only)<br />

Building moved from another site (see section <strong>89</strong>-6-113) C C<br />

Bank or financial institution P P<br />

Busine ss service<br />

P<br />

Church<br />

College or university C<br />

Convalescent care facility<br />

Day care, general P P<br />

General office, except pawnshop and bail bond services P P<br />

Golf course C C<br />

Government service P P<br />

Hospital C C<br />

Hotel C C<br />

Large scale public utilities C C<br />

Low power radio service facility C C<br />

Media service P P<br />

Medical service P P<br />

Motel or Motor Lodge<br />

Motion picture, TV, radio, recording studio and production<br />

Personal Instruction Service<br />

Printing and copying, limited P P<br />

Printing, general C C<br />

Recreational facilities P P<br />

C<br />

C<br />

C<br />

C<br />

C<br />

P


LEGEND:<br />

C = Conditional Use<br />

P = Permitted Use<br />

AC = Administrative Conditional Use<br />

Permitted And Conditional Uses In<br />

Office and Research Park Zones<br />

USE P-O BR-P<br />

Restaurant, fast food P P<br />

Restaurant, general P P<br />

School, vocational P P<br />

Schools, K –12 P P<br />

Temporary office P P<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-23, 05-25-2004; Ord. No. 05-69, 02-06-2005; Ord. No.<br />

06-02, 01-24-2006; Ord. No. 06-16, 03-28-2006; Ord. No. 06-26, 06-20-2006)<br />

Sec. <strong>89</strong>-3-503. Lot and bulk standards.<br />

(a) Lot size, setbacks and building height standards- office and research park zones: Creation of<br />

lots, and location of buildings on such lots, shall be subject to the following standards<br />

Zone Min. Lot Area Min. Lot<br />

Width *<br />

P-O<br />

Determined by the uses and<br />

structures intended and the<br />

requirements of this <strong>Title</strong><br />

pertaining to setbacks,<br />

access, parking and<br />

landscaping<br />

Min. Front<br />

Yard<br />

80 feet 20 feet;<br />

unless<br />

adjacent to a<br />

residential<br />

zone, then 30<br />

feet<br />

Min. Corner<br />

Side Yard<br />

Min.<br />

Interior Side<br />

Yard<br />

20 feet None on a<br />

side<br />

adjoining<br />

another lot in<br />

the P-O zone<br />

Min<br />

. Rear<br />

Yard<br />

Max.<br />

Building<br />

Height<br />

Max.<br />

Building<br />

Coverage<br />

20 feet 40 feet* Buildings,<br />

50%<br />

BR-P 1 acre 200 feet 50 feet 50 feet 50 feet 40 feet* Buildings,<br />

50%<br />

* unless a conditional use permit has been granted to allow greater height<br />

Separation<br />

between<br />

buildings on<br />

same lot<br />

10 feet<br />

20 feet<br />

(b) Lot frontage. Each lot shall have a minimum of 50 feet of frontage on a public street. The<br />

frontage requirement does not apply to lots which are developed in conjunction with an approved site plan<br />

where a private street, deeded right-of-way, easement, or similar real instrument provides assurance to the City<br />

that any property not meeting the above minimum requirement will have a sufficiently guaranteed access to<br />

public street.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-23, (a), 05-25-2004; Ord. No. 05-29. 06-07-2005)<br />

Sec. <strong>89</strong>-3-504. General provisions.<br />

(a) Uses within buildings. All uses in the BR-P zone shall be conducted entirely within<br />

permanent, enclosed buildings that have been approved for such uses. No storage of inventory, supplies,<br />

equipment, or any other materials shall be conducted outside of the buildings nor shall any activity associated<br />

with the use of the premises be conducted in the outdoors except for necessary parking, access, landscaping,<br />

utility areas, and approved open space.<br />

(b) Landscaping. All uses in office and research park zones shall comply with the provisions<br />

governing landscaping in Chapter 6, Part 7, of this <strong>Title</strong>.<br />

(c) Parking and loading. All uses in office and research park zones shall comply with the<br />

provisions governing off-street parking in Chapter 6, Part 6, of this <strong>Title</strong>.<br />

(d).<br />

Signs. All signs in office and research park zones shall comply with the provisions governing


signs in Chapter 6, Part 11, of this <strong>Title</strong>.<br />

(e) Building architecture in office and research park zones. The following architectural<br />

requirements shall apply in the P-O and BR-P zones.<br />

(1) Predominant exterior building materials shall be high-quality, durable materials, including,<br />

but not limited to, brick, rock, sandstone, steel, stone, stucco, glass, synthetic stone,<br />

tinted/textured concrete masonry units, wood and masonry fiberboard simulating wood.<br />

Window and entry systems shall utilize baked-on or anodized finishes.<br />

(2) Street and site lighting and signs, benches, bus shelters, walkways, streets, utility structures,<br />

walls, sculptures, and all other physical features and amenities should be harmoniously<br />

designed to reflect continuity and identity.<br />

(3) Building architecture shall be designed to provide an aesthetically pleasing view from all<br />

public streets and neighboring properties.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-23,(b) (c) (d) (e), 05-25-2004); Ord. No. 06-13,<br />

03-07-2006)<br />

Sec. <strong>89</strong>-3-601. Purpose of commercial zones.<br />

PART 6. COMMERCIAL ZONES<br />

(a) C-G zone. The general commercial (C-G) zone is established to provide a district primarily<br />

for the accommodation of commercial uses and commercial areas which have been established in locations<br />

away from the central core of the City and which are not planned “shopping centers”. Though this zone will be<br />

applied to areas that have developed as strip commercial developments along major streets and highways, it<br />

shall not be used to promote or establish areas in which such development can be promulgated or encouraged<br />

in violation of good planning principles. The C-G zone should be applied to vacant land areas for new<br />

construction only if integrated shopping center development is not practical and/or desirable because of<br />

difficult size, shape, topography, or similar problems related to land that would otherwise be considered<br />

appropriate for commercial development. Though the C-G zone may be applied to existing commercial areas<br />

which have a variety of characteristics, the provisions contained in this section should be used to encourage<br />

greater integrity and aesthetic improvements as these areas are redeveloped, expanded and improved.<br />

Integrated and coordinated landscaping, parking, ingress and egress, signage, and pleasing architectural design<br />

should be encouraged and regulated through the use of site plan approval procedures. New construction<br />

should be in harmony with the characteristics of the surrounding developed commercial and residential areas.<br />

Uses in this zone will include a wide range of retail and service stores and shops. Though the zone may be<br />

applied to some areas which have existing office, heavy commercial, and institutional uses, these are excluded<br />

as permitted uses in this chapter to protect the future integrity of the C-G zone as well as those zones that are<br />

intended to accommodate such office, heavy commercial, and institutional uses.<br />

(b) C-M zone. The heavy commercial (C-M) zone is established to provide an area in which a<br />

congruous mixture of retail, commercial warehousing, heavy commercial, and light manufacturing uses may<br />

be located. The zone is to be used primarily as a transitional zone between industrial areas and residential areas<br />

and/or lighter commercial districts. The zone is also intended to provide for the location of manufacturing and<br />

warehousing operations that are operated in conjunction with and incidental to a retail commercial<br />

establishment. The uses characteristic of this zone will be warehouses, light manufacturing or assembly<br />

plants, machine<br />

shops, automobile repair facilities, furniture and appliance repair, tire recapping, and building


materials stores and yards. Buildings and grounds that combine utility and attractive appearance should<br />

c haracterize the C-M zone. The utility of buildings, parking areas, and loading facilities should be softened<br />

with landscaped areas along all street frontages.<br />

(c) SC-1 zone. The neighborhood shopping center (SC-1) zone is established to provide an area<br />

in which the primary use of the land is for commercial and service uses to serve the daily convenience needs of<br />

the surrounding residential neighborhood. The SC-1 zone is intended to be located within neighborhood areas<br />

and to be integrated into the residential structure of a neighborhood in a manner that will create a minimum of<br />

detriment, hazard or inconvenience to surrounding residential development. Each neighborhood shopping<br />

center zone will be small. It is intended that the SC-1 zone shall be characterized by a harmonious grouping of<br />

commercial stores and shops that will be architecturally designed, and will function, as an integrated unit. The<br />

architectural design and character should also be compatible with that of the surrounding residential<br />

environment. Clean, well-lighted parking lots and attractive well-maintained shops with appropriate<br />

landscaping will also be characteristic of this zone. Lighting will be of a relatively low intensity and low<br />

profile with adequate shielding to protect surrounding residential areas. Uses permitted within the SC-1 zone<br />

will be those which will create no detriment to the surrounding residential areas, and will generally serve only<br />

the daily convenience needs of the residential neighborhood. Dwellings, industries, recreational uses, or other<br />

heavy commercial uses that tend to thwart and discourage the use of the land within this zone for its primary<br />

purpose have been excluded. Typical uses allowed in this zone are small convenience grocery stores, variety<br />

stores, shoe shops, dry cleaning pickup stations, self-service laundries, and barber or beauty shops.<br />

( d) SC-2 zone. The community shopping center (SC-2) zone is established to provide an area in<br />

which a general shopping center facility can be established to satisfy the specialty shopping needs of a<br />

community or a group of neighborhoods. The services provided in an SC-2 zone will normally serve a trade<br />

area population of 10,000 to 70,000 people. Specialty shops situated in an attractively designed shopping<br />

center complex surrounded by appropriate landscaping will characterize the SC-2 zone. A junior department<br />

store and a supermarket will characterize uses permitted in the SC-2 zone as anchors, and by a wide range of<br />

r estaurants, specialty shops, and hard goods or soft goods stores.<br />

(e) SC-3 zone. The regional shopping center (SC- 3) zone is established to provide a district in<br />

w hich the primary use of the land is for commercial and service uses to serve needs of people living in an entire<br />

region and to serve as a place of employment in pleasant surroundings close to the center of the regional<br />

population it is intended to serve. This shopping center zone should serve a population of at least 100,000. It<br />

is intended that this zone shall be characterized by a variety of stores, shops, and service buildings grouped into<br />

an integrated architectural unit. Required yards and areas surrounding buildings sha ll be attractively<br />

landscaped and maintained in harmony with the characteristics of the surrounding residential areas. The uses<br />

characteristic of this zone will be large chain department stores with satellite shops and facilities serving an<br />

extremely wide r ange of goods and services with an equally large selection of types and styles. The typical<br />

uses allowed in the zone will include virtually the whole range of retail and service establishments that can be<br />

attractively accom modated within a unified shopping center complex.<br />

(f) Collective <strong>Title</strong>. The zones described in subsections (a) through (e) of this section are<br />

collectively referred to as "commercial zones”.<br />

( Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-3-602. Establishment standards.<br />

(a) C-G zone. The location of the C-G zone should be close to major arterials to provide<br />

convenient access for high volumes of traffic without hazard and without traversing through a residential area.<br />

The C-G zone shall not be applied to the internal areas of residential neighborhoods. Each single C-G zoning<br />

district shall contain a minimum of two acres except those existing, previously developed commercial facilities<br />

and areas to which the C-G zone is applied at the time the zone is created.


( b) C-M zone. The C-M zone should be located in those areas where it provides service as a<br />

transitional zone and where there is adequate accessibility to major transportation facilities. Care should be<br />

taken in the location of this zone to insure that heavy volum es of truck traffic genera ted by warehousing and<br />

light manufacturing<br />

uses do not traverse through a residential neighborhood or retail commerci al area in order<br />

to reach major highw ays or rail facilities. Each single C-M zone shall contain a minimum of five acres. The<br />

C-M zone may be applied to an existing commercial area that does not meet these area requirements provided<br />

the existing commercial facilities to which the zone is being applied are in compliance with<br />

the purpose and<br />

objectives of this zone.<br />

(c) SC-1 zone. The SC-1 zone shall be located generally in conformance with the provisions of<br />

the City’s General Plan. This zone may, however, be located in areas deemed appropriate for the service of a<br />

residential neighborhood. Each single SC-1 neighborhood shopping center zone shall contain a minimum of<br />

one acre and a maximum of ten acres. Properties less than 1 acre m ay be approved by the City Council<br />

provided the parking access, landscaping, and setback requirements can be met.<br />

(d) SC-2 zone. The SC-2 zone should be located adjacent<br />

to major thoroughfares or collector<br />

streets that will provide immediate access for automobile traffic without passing through residential areas.<br />

E ach SC-2 zone shall contain a minimum of five acres and a maximum of 25 acres. The SC-2<br />

zone shall<br />

not be<br />

applied to an existing commercial area that does not meet the se area requirements and shall<br />

not be applied to<br />

existing commercial development that has not been designed and constructed as an integrated shopping center.<br />

(e) SC-3 zone. The SC-3 zone should be located close to freeways and adjacent to major arterials<br />

to provide convenient access for major traffic volumes without hazard and without traversing through a<br />

residential area. Each single SC-3 shopping center zone shall contain a m inimum of 25 acre s. The SC-3 zone<br />

s hall not be applied to an existing commercial area that does not meet these area requirements and shall not be<br />

applied to existing commercial development that has not been designed and constructed as an integrated<br />

shopping center. The SC-3 zone shall incorporate mass transit and pedestrian access into and throughout the<br />

development.<br />

(f) All commercial zoning districts, which do not meet the mini mum nodal area requirement, may<br />

include abutting zones in the nodal calculation if the abutting zone is of similar zoning and located in a<br />

neighbori ng municipality.<br />

( Enacted by Ord. No. 03-40, 07-15-2003: Ord. No. 05-72, 12-13 -2005; Or d. No. 07-18, 05-22-2007)<br />

Sec. <strong>89</strong>-3-603. Permitted and conditional uses in Commercial zones.<br />

Uses allowed in commercial zones are listed in the table below. Those uses identified as “permitted”<br />

are allowed by right provided that they comply with all other requirements of this Chapter, and all other<br />

applicable requirements of this <strong>Title</strong>. Uses identified as “conditional” must be approved by the Planning<br />

Commission pursuant to the standards and procedures for conditional uses set fo rth in Section <strong>89</strong>-5- 404, and<br />

comply with all other applicable requirements of this <strong>Title</strong>. Uses identified as “Administrative Conditional<br />

Uses” (AC) shall be approved by the Zoning Administrator purs uant to the standards and proc edures set forth<br />

in Section <strong>89</strong>-5-404 except that the Public Hearing shall be conducted by the Zoning Administrator, and<br />

comply with Section <strong>89</strong>-2-302(d) and all other applicable requirements of this <strong>Title</strong>. Uses not specifically<br />

listed in this section shall not be allowed in commercial zones.<br />

LEGEND:<br />

C = Conditional Use<br />

P = Permitted Use<br />

AC = Administrative Conditional Use<br />

Permitted And Conditional Uses In<br />

Commercial zones<br />

USE C-G SC-1 SC-2 SC-3 C-M


LEGEND:<br />

USE<br />

C = Conditional Use<br />

P = Permitted Use<br />

AC = Administrative Conditional Use<br />

Permitted And Conditional Uses In<br />

Commercial zones<br />

C-G SC-1 SC-2 SC-3<br />

Auditorium or stadium P C<br />

Agricultural sales and service<br />

Animal husbandry services<br />

Bank or financial institution P P P P<br />

Bail bonds and pawnbrokers<br />

Building moved from another site (see section <strong>89</strong>-6-113) C C C C C<br />

Business service P P P P<br />

Carwash P P P P<br />

Check cashing credit services C C<br />

Club or service organization C P P P<br />

Construction sales and service (no outdoor storage)<br />

Cultural service<br />

C P<br />

Day care, general AC AC<br />

Day care, limited<br />

AC AC<br />

Farmer’s market P P<br />

Funeral home C C<br />

G arden center , indoor<br />

P P P P<br />

Garden center , outdoor<br />

(Shall be fully enclosed by a fence. Storage of all materials<br />

other than plants shall be fully screened from public view.)<br />

C<br />

C C C C<br />

Gasoline and fuel storage and sales<br />

C P<br />

Gasoline service station P P P P<br />

General Office<br />

P P P P P<br />

Government service P P P<br />

Health and Fitness Facility P P P P P<br />

Hotel or motel C C C<br />

Large scale public utilities C C C C<br />

Lau ndry and dry cleaning, limited P P P<br />

Laundry serv ice<br />

P<br />

Liquor store C C<br />

Low power radio service facility<br />

Manufacturing, general<br />

Manufacturing, limited<br />

C-M<br />

C C C C C<br />

Media service P C P P P<br />

Medical service (excluding blood banks) P P P<br />

Motor vehicle sales and service, new C C P<br />

Motor vehicle sales and service, used C C C<br />

Open storage<br />

P<br />

C<br />

C<br />

C<br />

P<br />

P<br />

C


LEGEND: C = Conditional Use<br />

P = Permitted Use<br />

Permitted And Conditional Uses In<br />

Commercial zones<br />

AC = Administrative Conditional Use<br />

USE C-G SC-1 SC-2 SC-3 C-M<br />

Public park P P<br />

Parking, commercial P P P<br />

Personal care service P P P P P<br />

Personal instruction service P P P P P<br />

Post office substation P P P<br />

Printing and copying, limited P P P P<br />

Printing, general<br />

Protective service P P P P<br />

Recreation and entertainment, indoor C C C C P<br />

Recreation and entertainment, outdoor<br />

Repair service, general<br />

Repair service, limited P P P P<br />

Research service<br />

Restaurant, fast food AC AC AC<br />

Restaurant, general P P P P P<br />

Retail, general P P P P P<br />

School, vocational P P<br />

Secondhand store C C P<br />

Small equipment rental P P P P P<br />

Temporary office P P P P P<br />

Transportation service C P<br />

Utility, major C C C C C<br />

Utility, minor P P P P P<br />

Vehicle and equipment repair, general<br />

Vehicle and equipment repair, limited<br />

Veterinary service (small animals only)<br />

C C<br />

C<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-04, 01-06-04; Ord. No. 04-23, 05-25-2004; Ord. No.<br />

05-15, 04-19-2005; Ord. No. 05-69, 12-06-2005)<br />

P<br />

P<br />

C<br />

P<br />

P<br />

P<br />

Sec. <strong>89</strong>-3-604. Lot and bulk standards.<br />

(a) Lot size, setbacks and building height standards- Commercial zones. Creation of lots,<br />

and location of buildings on such lots, shall be subject to the following standards<br />

Zone Min. Lot Area Min. Lot Width * Min.<br />

Front<br />

Yard<br />

Min.<br />

Corner<br />

Side Yard<br />

Min. Interior Side<br />

Yard<br />

Min.<br />

Rear<br />

Yard<br />

Max.<br />

Building<br />

Height<br />

Max.<br />

Building<br />

Coverage<br />

Separation<br />

between buildings<br />

on same lot


Zone Min. Lot Area Min. Lot Width * Min.<br />

Front<br />

Yard<br />

C-G<br />

No minimum<br />

except as dictated<br />

by parking, access,<br />

landscaping, lot<br />

and use<br />

requirements<br />

SC-1 One acre min. , 10<br />

acre max. (under<br />

single ownership &<br />

control<br />

No minimum<br />

except as dictated<br />

by parking, access,<br />

circulation, and<br />

property utilization<br />

Min.<br />

Corner<br />

Side Yard<br />

Min. Interior Side<br />

Yard<br />

10’ 1 10’ No requirement when<br />

adjoining a<br />

commercial or<br />

manufacturing zone,<br />

15’ when adjoining a<br />

residential zone<br />

100’ average 10’ 10’ No requirement when<br />

adjoining a<br />

commercial or<br />

manufacturing zone,<br />

10’ when adjoining a<br />

residential zone<br />

Min.<br />

Rear<br />

Yard<br />

Max.<br />

Building<br />

Height<br />

0 No<br />

Maximum<br />

Max.<br />

Building<br />

Coverage<br />

No<br />

requirement<br />

except as may<br />

be<br />

necessitated<br />

by compliance<br />

with off-street<br />

parking, yard,<br />

and<br />

landscaping<br />

standards<br />

Separation<br />

between buildings<br />

on same lot<br />

Main buildings: 0’<br />

0 35’ 30% Main buildings: 20’,<br />

Main buildings and<br />

accessory buildings:<br />

10’<br />

SC-2<br />

No minimum<br />

except as dictated<br />

by parking, access,<br />

landscaping, lot<br />

and use<br />

requirements<br />

SC-3 No minimum 700’ average for a<br />

except as dictated<br />

by parking, access,<br />

landscaping, lot<br />

and use<br />

requirements<br />

development; no<br />

minimum except as<br />

dictated by parking,<br />

access, circulation,<br />

and property<br />

utilization<br />

120’ for a<br />

development; no<br />

20’ 10’ No requirement when<br />

adjoining a<br />

0 35’ unless<br />

a greater<br />

minimum except as<br />

commercial or<br />

height is<br />

dictated by parking,<br />

manufacturing zone.<br />

approved<br />

access, circulation,<br />

When adjoining a<br />

by the<br />

and property<br />

residential zone: 10’<br />

Planning<br />

utilization<br />

for a structure 35’ or<br />

Commissi<br />

less in height; any<br />

on with a<br />

structure greater than<br />

Condition<br />

35’ shall be setback<br />

al Use<br />

one foot for every<br />

Permit<br />

foot of building<br />

height.<br />

20’ 10’ No requirement when<br />

adjoining a<br />

commercial or<br />

manufacturing zone.<br />

When adjoining a<br />

residential zone: 10’<br />

for a structure 35’ or<br />

less in height; any<br />

structure greater than<br />

35’ shall be setback<br />

one foot for every<br />

foot of building<br />

height.<br />

C-M 10,000 s.f. 70’ average 10’ 10’ No requirement when<br />

adjoining a<br />

commercial or<br />

manufacturing zone<br />

0 45’ unless<br />

a greater<br />

height is<br />

approved<br />

by the<br />

Planning<br />

Commissi<br />

on with a<br />

Condition<br />

al Use<br />

Permit<br />

0 35’ No<br />

requirement<br />

except as may<br />

be<br />

necessitated<br />

by compliance<br />

with off-street<br />

parking, yard,<br />

and<br />

landscaping<br />

standards<br />

30% Main buildings: 20’,<br />

Main buildings and<br />

accessory buildings:<br />

10’<br />

30% Main buildings: 20’,<br />

Main buildings and<br />

accessory buildings:<br />

10’<br />

Main buildings: 0’<br />

1. In areas developed prior to establishment of the C-G zone the front yard setback shall be the average setback of all properties on the same block face<br />

except that no commercial building shall be located closer than 15 feet to any residential district boundary line or street that continues as frontage<br />

into a residential district.<br />

2. The side yard setback in C-G zones may be reduced or eliminated if the General Plan recommends that the site be commercial or industrial and all<br />

engineering and fire code requirements are met.<br />

(b)<br />

Lot frontage. Each lot shall have the minimum frontage on a public street specified in the table


elow. This frontage requirement shall not apply to lots which are developed in conjunction with an approved<br />

site plan where a private street, deeded right-of-way, easement, or similar provision for access provides<br />

assurance to the city that any lots that do not have the minimum required frontage will still have guaranteed<br />

access to a public street.<br />

Minimum Lot Frontage<br />

Zones<br />

35 feet C-G, C-M<br />

50 feet<br />

SC-1<br />

200 feet for a development SC-2<br />

500 feet for a development SC-3<br />

(c) Increased side yards for driveway access. When a side yard in any commercial zone is to be<br />

used for access to parking areas, minimum setbacks shall be increased to:<br />

(1) 12 feet when access is provided for not more than five parking spaces or when a one-way<br />

driveway is provided for more than five parking spaces;<br />

(2) 16 feet when a two-way driveway is provided for access to six or more parking spaces<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 05-56, 09-27-2005)<br />

Sec. <strong>89</strong>-3-605. General provisions.<br />

(a) Uses within buildings. All uses shall be conducted entirely within a fully enclosed building<br />

except those uses that the Planning Commission determines are customarily and appropriately conducted in<br />

the open. Such<br />

uses may include, but are not limited to, service stations, ice skating, garden centers, miniature<br />

golf, etc. Open storage of materials and equipment in the C-M zone may occur only when fully screened from<br />

public view by an opaque fence or wall approved by the Planning Commission in conjunction with the<br />

issuance of a conditional use permit for such use.<br />

(b) Consolidation of lots. Lots or parcels of land for which an SC-3 zoning designation is<br />

requested shall be consolidated, if necessary, to meet the minimum area requirements of the zone either prior<br />

to or concurrently with the establishment of the zone.<br />

(c)<br />

Standards for check cashing credit service, pawnshop, or bail bond uses.<br />

(1) No check cashing credit service, pawnshop, or bail bond use shall be located within 1,000 feet<br />

from any other check cashing credit service, pawnshop, or bail bond use. Distances shall be<br />

measured in a straight line, without regard to intervening structures or zoning districts, from<br />

the entry door of each business.<br />

(2) A maximum of 12 check cashing credit service businesses, three pawn shop businesses, and<br />

six bail bond service businesses shall be allowed I the City.<br />

(d) Access in SC-3 zones. Primary access to a regional shopping center shall not be provided from<br />

a cul-de-sac street.<br />

(e) Landscaping. All uses in commercial zones shall comply with the provisions governing<br />

landscaping in Chapter 6, Part 7, of this <strong>Title</strong>.<br />

(f) Parking and loading. All uses in commercial zones shall comply with the provisions<br />

governing off-street parking in Chapter 6, Part 6, of this <strong>Title</strong>.


(g). Signs. All signs in commercial zones shall comply with the provisions governing signs in<br />

Chapter 6, Part 11, of this <strong>Title</strong>.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

PART 7. MANUFACTURING ZONES<br />

Sec. <strong>89</strong>-3-701. Purpose of manufacturing zones.<br />

(a) M-P zone. The manufacturing park (M-P) zone is established to allow the development of<br />

light industrial uses which are compatible with and complement commercial or residential zones. The M-P<br />

zone is best used as a transitional zone between M-1 zones and other zoning districts but may also be<br />

appropriate in other areas. The M-P zone is generally characterized by inoffensive land uses conducted<br />

entirely within masonry or concrete buildings located within a well-landscaped, park-like, setting. The<br />

upgraded architecture and landscaping in M-P zones is intended to be compatible<br />

with non-manufacturing<br />

zones.<br />

(b) M-1 zone. The light manufacturing (M-1eneral manufacturing, assembly, repair, and storage. The M-1 zone is considered to be the most intensive<br />

zone is established to provide areas suited to<br />

g<br />

zone that will provide industrial areas in the City that are free from extreme nuisances and dangerous<br />

conditions. M-1 zones should be located away from residential areas and should be buffered from other less<br />

intensive zones.<br />

(c) M-2 zone. The major manufacturing (M-2) zone is established to provide larger lots and areas<br />

for major operations related to manufacturing, assembly and distribution. Most u ses allowed in this zone are<br />

also allowed in the M-1 zone but are generally larger scale as dictated by minimum building and lot sizes. M-2<br />

zones should be well buffered from residential areas.<br />

(d) Collective <strong>Title</strong>. The zones described in this section are collectively referred to as the<br />

"manufacturing zones."<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-3-702. Establishment standards.<br />

(a) Justification for manufacturing zones. Lots or parcels of la nd may be rezoned to a<br />

manufacturing zone only after the following findings have been made by the City Council:<br />

(1) The proposed manufacturing zone will be in compliance with the goals and policies of the<br />

General Pla n, or a variation from the General Plan or land use plan can be justified.<br />

(2) The proposed manufacturing zone will not encourage strip or spot development or<br />

incompatible land uses.<br />

(3) The proposed manufacturing zone will encourage orderly development and will not place<br />

excessive demands on City services.<br />

(4) The proposed manufacturing zone will encoura ge sensitivity to the natural and historical<br />

features of the land and enhance the urban environment.<br />

(5)<br />

The proposed manufacturing zone will enhance the economic condition of the City and<br />

contribute to a well-rounded community.


(6) The proposed manufacturing zone will promote the s afety and convenience of the City’s<br />

residents and businesses.<br />

(b)<br />

Zone area. The mi nimum size of manufacturing districts shall be as follows:<br />

District<br />

M-P<br />

M-1<br />

M-2<br />

( Enacted by Ord. No. 03-40, 07-15-2003)<br />

Minimum Size<br />

20 acres<br />

40 acres<br />

100 acres<br />

Sec. <strong>89</strong>-3-703.<br />

Permitted and conditional uses in manufacturing zones.<br />

Uses allowed in manufacturing zones are listed in the table below. Those uses identified as<br />

“permitted” are allowed by right provided that they comply with all other requirements of this Chapter, and all<br />

other applicable requirements of this <strong>Title</strong>. Uses identified as “conditional” must be approved by the Planning<br />

Commission pursuant to the standards and procedures for conditional uses set forth in Section <strong>89</strong>-5-404, and<br />

comply with all other applicable requirements of this <strong>Title</strong>. Uses identified as “Administrative Conditional<br />

Uses” (AC) shall be approved by the Zoning Administrator pursuant to the standa rds and procedures<br />

set forth<br />

in Section <strong>89</strong>-5-404 except that the Public Hearing shall be conducted by the Zoning Administrator, and<br />

comply with Section <strong>89</strong>-2-302(d) and all other applicable requirements of this <strong>Title</strong>. Uses not specifically<br />

listed in this section shall not be allowed in manufacturing zones.<br />

LEGEND:<br />

C = Conditional Use<br />

P = Permitted Use<br />

AC = Administrative Conditional Use<br />

Permitted And Conditional Uses In<br />

Manufacturing Zones<br />

USE M-P M-1 M-2<br />

Agricultural sales and service P P<br />

Animal Crematorium<br />

Animal Crematorium (An animal crematorium that is located<br />

within 100-feet of any residential zone or structure must<br />

obtain a Conditional Use Permit)<br />

Basic industry (non-hazardous or offensive)<br />

Building moved from another site (see section <strong>89</strong>-6-113) C C C<br />

Business service P P P<br />

Business, equipment rent al and supplies<br />

P P<br />

C aretaker ’s residen ce. (Limited to one residence per site and<br />

shall be integrated into the prima ry building in which the<br />

primary use of the site is housed.)<br />

P<br />

C<br />

P<br />

P P P<br />

Church or Place of Worship (limited to low-intensity areas) AC AC<br />

College or university P P P<br />

Construction sales and rental P P<br />

Freight terminal P P<br />

Gasoline and fuel storage and sales P P


LEGEND: C = Conditional Use<br />

Permitted And Conditiona l Uses In<br />

P = Permitted Use<br />

Manufacturing Zones<br />

AC = Administr ative Conditional Use<br />

USE M-P M-1 M-2<br />

Gasoline service station P P<br />

General office P P P<br />

Government service C C C<br />

Junk or salvage yard C C<br />

Large scale public utilities C C C<br />

Laundry service<br />

Low power radio service facility C C C<br />

Manufacturing, general P P P<br />

Manufacturing, limited P P P<br />

Media service P P P<br />

Medical or dental laboratory P P<br />

Military facility<br />

Motor vehicle sales and service, new and used<br />

Outside storage and operations AC AC<br />

Parking, commercial<br />

Parking, commercial (no fee) P P<br />

Personal care service P P P<br />

Personal instruction services<br />

Printing, general P P P<br />

Public park P P P<br />

Recreation and entertainment, indoor<br />

Recycling collection station C C C<br />

Recycling facility C C C<br />

Repair service, general P P<br />

Repair services, limited P P<br />

Research service P P P<br />

Restaurant, fast food P P<br />

Retail Warehouse Outlet<br />

Schools, K - 12 C C C<br />

Sexually oriented business<br />

Small equipment rental P P P<br />

Temporary office P P P<br />

Transportation service P P<br />

Transportation service (office only) P P<br />

Utility,<br />

major<br />

C C C<br />

Utility, major (office only) P P P<br />

Vehicle and equipment repair, general P P<br />

Vehicle and equipment repair, limited P P<br />

AC<br />

C<br />

P<br />

C<br />

AC<br />

P<br />

C<br />

C


LEGEND:<br />

C = Conditional Use<br />

P = Permitted Use<br />

AC = Administrative Conditional Use<br />

Permitted And Conditional Uses In<br />

Manufacturing Zones<br />

USE M-P M-1 M-2<br />

Warehouse, self-service storage<br />

Wholesale and warehousing, general P P<br />

Wholesale and warehousing, limited P P P<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-04, 01-06-04; Ord. No. 04-23, 05-25-2004; Ord. No. 05-38,<br />

07-19-2005; Ord. No. 05-40, 07-19-2005; Ord. No. 05-69, 12-06-2005; Ord. No. 07-09, 03-06-2007)<br />

P<br />

Sec. <strong>89</strong>-3-704. Lot and bulk standards.<br />

(a) Lot size, setbacks and building height standards- manufacturing zones: Creation of<br />

lots, and location of buildings on such lots, shall be subject to the following standards<br />

Zone<br />

Min. Lot<br />

Size / Floor<br />

Area<br />

M-P 2 acres /<br />

5,000 s.f.<br />

M-1 1/2 acre /<br />

2,000 s.f.<br />

Min. Lot<br />

Width<br />

Min. Front<br />

Yard<br />

100 feet 10’, unless<br />

adjacent to a one<br />

or two-family<br />

residential zone,<br />

then 50’<br />

100 feet 10’, unless<br />

adjacent to a one<br />

or two-family<br />

residential zone,<br />

then 50’<br />

Min. Interior Side<br />

Yard<br />

Min. Corner Side<br />

Yard<br />

20 feet, when adjoining sound walls or limited-access<br />

highways or freeways; may be reduced by the Planning<br />

Commission with additional two foot setback for every one<br />

foot of building height over 30 feet measured from the new<br />

initial setback<br />

30 feet, on a side adjoining a nonresidential or<br />

non-manufacturing, or any manufacturing zone plus two<br />

additional feet for every foot of building height over 30 feet<br />

60 feet, on a side adjoining a residential zone plus two<br />

additional feet for every foot of building height over 30 feet<br />

No requirement, when adjoining another lot in the same zone<br />

or any other manufacturing zone<br />

20 feet, when adjoining sound walls or limited-access<br />

highways or freeways; may be reduced by the Planning<br />

Commission with additional two foot setback for every one<br />

foot of building height over 30 feet measured from the new<br />

initial setback<br />

30 feet, on a side adjoining a nonresidential or<br />

non-manufacturing zone plus two additional feet for every<br />

foot of building height over 30 feet<br />

60 feet, on a side adjoining a residential zone plus two<br />

additional feet for every foot of building height over 30 feet<br />

Min.<br />

Max. Max. Separation<br />

Rear<br />

Building Building between buildings<br />

Yard Height Coverage on same lot<br />

No limit No limit None except as may<br />

be required by the<br />

International<br />

Building Code<br />

No limit No limit None except as may<br />

be required by the<br />

International<br />

Building Code<br />

M-2 5 acres /<br />

15,000 s.f.<br />

100 feet 10’, unless 20 feet, when adjoining sound walls or limited-access<br />

adjacent to a one highways or freeways; may be reduced by the Planning<br />

or two-family<br />

residential zone,<br />

then 50’<br />

Commission with additional two foot setback for every one<br />

foot of building height over 30 feet measured from the new<br />

initial setback<br />

30 feet, on a side adjoining a nonresidential or<br />

non-manufacturing, or any manufacturing zone plus two<br />

additional feet for every foot of building height over 30 feet<br />

60 feet, on a side adjoining a residential zone plus two<br />

additional feet for every foot of building height over 30 feet<br />

No limit No limit None except as may<br />

be required by the<br />

International<br />

Building Code<br />

(b) Lot frontage. Each lot shall have a minimum of 50 feet of frontage on a public street. The<br />

frontage requirement does not apply to lots which are developed in conjunction with an approved site plan<br />

where a private street, deeded right-of-way, easement, or similar real instrument provides assurance to the City<br />

that any property not meeting the minimum public street frontage requirement will have a sufficiently<br />

guaranteed access to public street.


(c) Required setback to contain roof drainage. All buildings located closer than five feet from a<br />

property line shall be equipped with facilities for the discharge of all roof drainage onto the subject lot.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec.<br />

<strong>89</strong>-3-705. General provisions.<br />

(a) Sexually oriented businesses. Sexually oriented businesses are only allowed to operate in M-2<br />

zones in accordance with <strong>Title</strong> 22 - Businesses.<br />

(b) Personal instruction services. Pedestrian access to an existing sidewalk and a drop-off or<br />

loading area must be provided for personal instruction services.<br />

(c) Uses within buildings in the M-P zone. All uses in the M-P zone shall be conducted entirely<br />

within enclosed concrete or masonry buildings that have been approved for such uses. No storage of<br />

inventory, supplies, raw materials, equipment or any other materials shall be conducted outside of buildings<br />

with the exception of automobiles, company vehicles and waste receptacles which shall be screened according<br />

to provisions of this <strong>Title</strong>.<br />

(d)<br />

Outdoor storage or operations in M-1 and M-2 zones.<br />

(1) Open storage or outdoor operations may only be conducted after the Planning Commission<br />

has issued a conditional use permit for such storage or operation.<br />

(2) Outdoor operations or storage<br />

of inventory, raw materials, supplies, equipmen t, and company<br />

vehicles may be approved by the Planning Comm ission in the M-1 and M-2 zones only if such<br />

operation or storage will be located behind the front building line and the street side building<br />

line on a corner lot.<br />

(3) Outdoor operations and s torage shall be solidly screened from the street and from neighboring<br />

properties in compliance with applicable provisions of Section <strong>89</strong>-6-803 of this <strong>Title</strong>.<br />

(4)<br />

Storage of hazardous or toxic materials or any material deemed by the Planning Commission<br />

or the City<br />

Council to<br />

be a nuisance is prohibited.<br />

(e) Landscaping. All uses in manufacturing zones shall comply with the provisions governing<br />

landscaping in Chapter 6, Part 7, of this <strong>Title</strong>.<br />

(f) Parking and loading. All uses in manufacturing zones shall comply with the provisions<br />

governing off-street parking in Chapter 6, Part 6, of this <strong>Title</strong>.<br />

(g) Signs. All signs in manufacturing zones shall comply with the provisions governing signs in<br />

Chapter 6, Part 11, of this <strong>Title</strong>.<br />

(h) Indoor recreation and entertainment. Pedestrian access to an existing sidewalk and a drop-off<br />

or loading area must be provided for indoor recreation.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-12, (d)(3), 04-06-2004; Ord. No. 07-09, 03-06-2007)<br />

Sec. <strong>89</strong>-3-801. Purpose of zone.<br />

PART 8. PUBLIC FACILITIES ZONE


The public facilities (P-F) zone is established to provide areas for the location and establishment of<br />

facilities that are maintained for public or quasi-public uses.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-3-802. Establishment standards.<br />

The P-F zone should be created in areas that are suitable and compatible with neighboring zones,<br />

possibly providing buffer areas where appropriate.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-3-803. Permitted and conditional uses in the public facilities zone.<br />

Uses allowed in the public facilities zone are listed below. Those uses identified as “permitted” are<br />

allowed by right provided that they comply with all other requirements of this Chapter, and all other applicable<br />

requirements of this <strong>Title</strong>. Uses identified as “conditional” must be approved by the Planning Commission<br />

pursuant to the standards and procedures for conditional uses set forth in Section <strong>89</strong>-5-404, and comply with<br />

all other applicable requirements of this <strong>Title</strong>. Uses not specifically listed in this section shall not be allowed in<br />

the public facilities zone.<br />

Permitted Uses<br />

Conditional Uses<br />

Cemetery<br />

Airport<br />

Church or place of worship<br />

Auditorium or stadium<br />

Cl ub or service organization<br />

Building moved from another site (see section<br />

Co llege or university<br />

<strong>89</strong>-6-113)<br />

Cultural service<br />

Bus terminal<br />

Government service, except operations centers Correctional facility<br />

M edical services<br />

Farmer’s Market (AC)<br />

Parking, commercial<br />

Freight terminal<br />

Protective service<br />

Golf course<br />

Public p ark<br />

Hospital<br />

School, K - 12<br />

Large scale public utilities<br />

School, vocational<br />

Low power radio service facility<br />

Major Utility<br />

Media service<br />

Military facility<br />

Minor Utility<br />

Operations center<br />

Recreation and entertainment, indoor<br />

Recreation and entertainment, outdoor<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-23, 05-25-2004; Ord. No. 07-35, 09-18-2007)<br />

Sec. <strong>89</strong>-3-804. Lot and bulk standards.<br />

(a) Lot size, setbacks and building height standards- manufacturing zones: Creation of<br />

lots, and location of buildings on such lots, shall be subject to the following standards<br />

Zone Min. Lot Size Min.<br />

Lot<br />

Width<br />

Min. Front<br />

Yard<br />

Min.<br />

Interior Side<br />

Yard<br />

Min. Corner Side<br />

Yard<br />

Min.<br />

Rear<br />

Yard<br />

Max. Building<br />

Height<br />

Max.<br />

Building<br />

Coverage<br />

Separation<br />

between<br />

buildings on<br />

same lot


Zone Min. Lot Size Min.<br />

Lot<br />

Width<br />

P-F<br />

Minimum area<br />

determined by<br />

proposed uses and<br />

structures and<br />

applicable<br />

requirements<br />

pertaining to<br />

setbacks, access,<br />

parking and<br />

landscaping<br />

Min. Front<br />

Yard<br />

Min.<br />

Interior Side<br />

Yard<br />

100 feet 20 feet, unless<br />

adjacent to a<br />

No<br />

requirement<br />

residential zone, unless<br />

then 30 feet adjacent to a<br />

which shall be residential<br />

landscaped and zone or<br />

shall not be used structure,<br />

for vehicle then ten feet<br />

parking<br />

Min. Corner Side<br />

Yard<br />

No requirement on<br />

a side adjoining<br />

another lot in the<br />

P-F zone.<br />

20 feet on a side<br />

adjoining a street<br />

which shall be<br />

landscaped and not<br />

used for vehicle<br />

parking<br />

Min.<br />

Rear<br />

Yard<br />

Max. Building<br />

Height<br />

20 feet 30 feet, unless a<br />

conditional use<br />

permit has been<br />

granted to allow<br />

greater height<br />

Max.<br />

Building<br />

Coverage<br />

No<br />

requirement<br />

Separation<br />

between<br />

buildings on<br />

same lot<br />

20 feet<br />

(b) Lot frontage. Each lot shall have a minimum of 50 feet of frontage on a public street. The<br />

frontage requirement does not apply to lots which are developed in conjunction with an approved site plan<br />

wh ere a private street, deeded right-of-way, easement, or similar real instrument provides assurance to the City<br />

that any property not meeting the minimum public street frontage requirement will have a sufficiently<br />

guaranteed access to public street.<br />

(c) Required setback to contain roof drainage. All buildings located closer than five feet from a<br />

property line shall be equipped with facilities for the discharge of all roof drainage onto the subject lot.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-3-805. General provisions.<br />

(a) Landscaping. All uses in the public facilities zone shall comply with the provisions governing<br />

landscaping in Chapter 6, Part 7, of this <strong>Title</strong>.<br />

(b) Parking and loading. All uses in the public facilities zone shall comply with the provisions<br />

governing off-street parking in Chapter 6, Part 6, of this <strong>Title</strong>.<br />

(c). Signs. All signs in the public facilities zone shall comply with the provisions governing signs<br />

in Chapter 6, Part 11, of this <strong>Title</strong>.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

PART 9. PARKS, RECREATION AND OPEN SPACE ZONE (PRO)<br />

Sec. <strong>89</strong>-3-901. Purpose and application.<br />

(a) Purpose. The purpose of the Parks, Recreation, and Open Space Zone (PRO) is to identify<br />

and protect public and private recreation facilities, to preserve significant natural and visual resources in the<br />

city, and to promote the public health, safety, and welfare by providing land use controls for these areas.<br />

Specifically, the PRO zone is intended to:<br />

(1) implement the General Plan by identifying, providing, and preserving a variety of parks,<br />

recreation areas, and open spaces in order to improve the quality of life for residents of the<br />

City;<br />

(2) encourage residential development that preserves space for parks, open spaces, and trails;<br />

(3) provide a balance between active and passive recreation<br />

opportunities to meet neighborhood


and community and needs;<br />

(4) conserve the character of the natural landscape and provide opportunities for hiking,<br />

horseback riding, and bicycling, in a natural setting;<br />

(5) promote continuing economic benefit to the region by protecting natural open space for the<br />

visual and recreational enjoyment of residents and visitors;<br />

(6) preserve wildlife habitat, wetlands, native vegetation, and other sensitive lands that will<br />

provide an interconnected system of permanent open space;<br />

(7) facilitate pr eservation of scenic and natural values and ecosystem management; and,<br />

(8) identify and preserve significant historic and cultural resources.<br />

(b) Open space maintenance. It is also the purpose of this Part to establish minimum standards<br />

for maintena nce of public or private common open space within all proposed residential developments.<br />

(Ord. No. 05-08, 02-22-2005)<br />

Sec. <strong>89</strong>-3-902. Applicability.<br />

(a) Parks. The PRO zone should be applied to areas designated as “parks and open land” or<br />

“future park” on the General Plan Land Use Map.<br />

(b) Open Space. The PRO zone should be applied to sites which are appropriate for open space<br />

preservation due to the presence of unique topographic features, hazards related to geology or soils, significant<br />

vegetation, wildlife habitat, natural drainage corridors, agricultural value, or flood hazard.<br />

(c) Dedications and Donations. The PRO zone may be applied by the City to land that is to be<br />

preserved for public use by an easement, or is dedicated and/or donated to the city or other entity for<br />

development of park or recreation facilities.<br />

(Ord. No. 05-08, 02-22-2005)<br />

Sec. <strong>89</strong>-3-903. Parks, recreation, and open space reservation.<br />

(a) Required reservation. Sites designated for public or private parks, recreation, and/or common<br />

open space shall be provided consistent with the General Plan and the Parks, Recreation and Trails Master Plan<br />

in all developments for which an application is received after the effective date of this Part. The Planning<br />

Commission, in its review of each development, shall require that land be reserved and improvements installed<br />

by the developer for parks, trails, playgrounds or other recreation purposes in locations designated on the City<br />

Plans or otherwise where such reservations would be appropriate. In general, land reserved for public parks or<br />

recreational purposes shall have an area of at least ten (10) acres.<br />

(b) Qualifying land. Sites that may be used to meet the park, recreation, and open space<br />

requirement of this Section may include:<br />

(1) public or private parks and playgrounds;<br />

(2) areas occupied by special recreation amenities such as club houses, swimming pools, tennis<br />

courts, etc.;<br />

(3) trail corridors;


(4) natural drainage corridors that are required by either Section <strong>89</strong>-4-504(m) or Section <strong>89</strong>-6-407<br />

to be preserved; slopes over 30% that are not included in individual lots.<br />

(c) Sites not to be considered. Required setbacks and streets, parking areas, driveways, and other<br />

similar paved areas shall not be included in computations of park, recreation, and open space reservation.<br />

However, the Planning Commission may consider, on a case-by-case basis, including required landscaped<br />

setbacks in R-3-16, R-3-20, R-3-22, and R-3-24 zones in the computation of open space.<br />

(d) Consolidation of areas. Not less than 50% of the total required park, recreation, and open<br />

space reservation shall be in one contiguous parcel unless, due to the proposed quality, distribution, and use of<br />

such areas, modification of this requirement is found to be warranted by the Planning Commission.<br />

(e) Maintenance. The developer shall demonstrate to the satisfaction of the City that all sites<br />

designated as park, recreation, and open space facilities shall be permanently preserved and maintained for<br />

their intended purpose through donation, dedication, or conservation easements granted to the city or other<br />

entity. When park or recreational facilities approved for dedication are completed and accepted, a deed shall be<br />

conveyed to the City, after which the supervision and maintenance shall be the responsibility of the City. All<br />

sites shall be contained entirely within common tracts that are not crossed by individual property lines. If the<br />

property is owned by a homeowners association, the property shall be maintained through a common<br />

maintenance agreement.<br />

(f) Effect of Parks, recreation, and open space reservation on calculation of density. Park,<br />

recreation, and open space reservation shall not reduce density permitted in the base zone below that which is<br />

calculated according to Section <strong>89</strong>-3-303 of this <strong>Title</strong>.<br />

(Ord. No. 05-08, 02-22-2005)<br />

Sec. <strong>89</strong>-3-904. Permitted and conditional uses in the PRO zone.<br />

Uses allowed in the PRO zone are listed in the table below. Those uses identified as “permitted” are<br />

allowed by right provided that they comply with all other requirements of this Chapter and all other applicable<br />

requirements of this <strong>Title</strong>. Uses identified as “conditional” must be approved by the Planning Commission<br />

pursuant to the standards and procedures for conditional uses set forth in Section <strong>89</strong>-5-404, and comply with<br />

all other applicable requirements of this <strong>Title</strong>. Uses not specifically listed in this section shall not be allowed in<br />

the PRO zone.<br />

LEGEND: C = Conditional Use Permitted And Conditional Uses<br />

P = Permitted Use<br />

In The PRO Zone<br />

Accessory uses<br />

Agriculture<br />

Arboretums<br />

Cemeteries<br />

Community and recreation centers<br />

Country clubs<br />

Driveways and parking areas for uses including, but not<br />

limited to, equestrian trail nodes, hiking trailheads,<br />

picnic areas, or scenic lookouts.<br />

Fish and wildlife management activities or facilities<br />

Golf courses<br />

P<br />

P<br />

P<br />

P<br />

P<br />

C<br />

C<br />

P<br />

C


LEGEND:<br />

C = Conditional Use<br />

P = Permitted Use<br />

Local government facilities<br />

Nature preserves and conservation areas, public and<br />

private<br />

Permanent drainage facilities that have been revegetated<br />

to be consistent with the surrounding natural vegetation<br />

Private recreational facilities<br />

Permitted And Conditional Uses<br />

In The PRO Zone<br />

Public park, playgrounds, and recreation areas P<br />

Public/private utility transmission wires, lines, pipes and<br />

poles<br />

Stables and riding academies<br />

Trails or paths for the use of pedestrians, bicycles, and<br />

horses.<br />

Tree farms<br />

Zoological park C<br />

(Ord. No. 05-08, 02-22-2005)<br />

Sec. <strong>89</strong> -3-905. Lot and bulk standards.<br />

Creation of lots, and location of buildings on such lots, in the PRO zone shall be subject to the<br />

following standards<br />

P<br />

P<br />

P<br />

C<br />

C<br />

C<br />

P<br />

P<br />

Zone Min. Lot<br />

Area<br />

Min. Lot<br />

Width /<br />

Street<br />

frontage<br />

PRO<br />

No<br />

Minimum<br />

No<br />

Minimum<br />

(Ord. No. 05-08, 02-22-2005)<br />

Min.<br />

Front<br />

Yard<br />

Min.<br />

Corner<br />

Side<br />

Yard<br />

Min.<br />

Interior<br />

Side<br />

Yard<br />

Mn.<br />

Rear<br />

Yard<br />

Max. Building<br />

Height<br />

Max. Building<br />

Coverage<br />

Separation<br />

between<br />

buildings on<br />

same lot<br />

30’ 30’ 20’ 30’ 30’ 10% 30’<br />

Sec. <strong>89</strong>-3-906. General provisions.<br />

(a) Site plan review. All uses in the PRO zone shall be developed in compliance with applicable<br />

provisions for site development established in Chapter 5, Part 3 of this <strong>Title</strong>.<br />

(b) Revegetation. Whenever property is disturbed by the construction of a permitted or<br />

conditional use, the disturbed area shall be revegetated to state that is equal to or better than it’s previous<br />

condition. All revegetation shall be performed in conformance with the City of <strong>West</strong> <strong>Jordan</strong> Land Disturbance<br />

Design And Construction Standards.<br />

(c) Parking and loading. All uses in the PRO zone shall comply with applicable standards for<br />

off-street parking established in Chapter 6, Part 6, of this <strong>Title</strong>.<br />

(d) Landscaping. All uses in the PRO zone shall comply with applicable standards governing<br />

landscaping established in Chapter 6, Part 7, of this <strong>Title</strong>.<br />

(Ord. No. 05-08, 02-22-2005)


Sec. <strong>89</strong>-3-1001. Purpose and intent<br />

PART 10. CITY CENTER ZONE<br />

(a) The purpose of the City Center Zone is to develop a traditional downtown area, and redevelop<br />

and restore pedestrian scale buildings in the traditional downtown core (City Center) of the City. The City<br />

Center Zone is intended to set apart that portion of the City which forms the center of commercial,<br />

professional, residential, office, municipal and cultural uses by encouraging a balanced, though concentrated<br />

mix of these uses in a central area of the City. The City Center Zone should provide a safe, attractive<br />

pedestrian-friendly environment that will serve as a destination area that will attract people for a unique<br />

shopping, cultural, recreational, professional service and living experience. The objectives of the City Center<br />

Zone are to:<br />

(1) Allow for land uses that contain a flexible arrangement of residential, commercial, service,<br />

office, retail, and mixed-use development while adopting detailed urban design standards to<br />

ensure compatibility between the uses and pedestrian activity.<br />

(2) Permit and support higher development densities that encourage the utilization of mass transit<br />

around the proposed light rail station;<br />

(3) Facilitate safe, attractive, and convenient pedestrian circulation and minimize conflicts<br />

between pedestrians and vehicles;<br />

(4) Minimize distances between destinations by providing for a number of conveniences and<br />

uses, which are compatible with one another and which are within an approximate ¼ mile<br />

walking distance of each other, (i.e., home to office, home to retail service, or office to retail<br />

service);<br />

(5) Encourage mixed-use buildings with sidewalk level retail, off and service uses;<br />

(6) Establish urban design standards that promote the placement of buildings near streets while<br />

reserving a generous pedestrian zone between buildings and street curbs;<br />

(7) To ensure that new buildings are appropriately designed that address human scale,<br />

and<br />

become a positive element in the architectural character of a revitalized downtown core;<br />

(8) To ensure that large buildings have visually enhanced base and architectural features on all<br />

elevations visible from streets or pedestrian routes, through such methods as facade<br />

modulation, architectural detailing, roof treatment, fenestration and ground floor<br />

transparency;<br />

(9) Create and enhance cultural use areas that promote regional and local social activities;<br />

(10) Provide for an overall development plan which will have economic viability, where the City<br />

will benefit from the finished product as a whole, in the form of tax increment private<br />

investment and will sustain and/or create new jobs;<br />

(11) Allow for greater flexibility in street and road design features that distinguish the area as<br />

unique, and which creates distinctive ambiance to the City Center Zone, but also reduces<br />

infrastructure costs through reduced parking and reduced right-of-way widths;<br />

(12) Encourage on-street parking and shared parking where appropriate; and,


(13) Integrate open spaces, plazas, courtyards and pocket parks and connect these areas to all other<br />

uses in the City Center Zone.<br />

(Adopted by Ord. No. 06-27, 06-20-2006)<br />

Sec. <strong>89</strong>-3-1002. Establishment<br />

For the purposes of this Part, the City Center will be referred to as not only a zone but also as a defining<br />

district of that area designated as “Town Center” on the adopted <strong>West</strong> <strong>Jordan</strong> Future Land Use Plan and Map.<br />

A master plan (or master plans) for the City Center shall be prepared in joint cooperation with the City,<br />

downtown stakeholders and business owners, and abutting property owners, which will detail alternatives for<br />

growth and expansion, improved circulation, and general rehabilitation and improvement of the area as a core<br />

commerce area of the City.<br />

(Adopted by Ord. No. 06-27, 06-20-2006)<br />

Sec. <strong>89</strong>-3-1003. City Center Zoning Districts<br />

In its entirety, the City Center Zone consists of three sub-districts, all of which share a number of<br />

transit and pedestrian-oriented land use characteristics, each emphasizing their own land use appropriations<br />

based on location. Reference to the City Center Zone is intended to describe the entire boundary of all three<br />

sub-districts. The boundaries of the three City Center Zone sub-districts are defined and mapped as follows:<br />

(a) City Center-Core (CC-C). This sub-district is envisioned to have the highest intensity uses,<br />

with a balanced land use mix of office, retail and service, mixed-use residential and cultural uses, all contained<br />

within mid to high-rise buildings. Small retail and service shops, and restaurants shall be located along<br />

principle pedestrian corridors, with higher intensity uses being located along major public thoroughfares. A<br />

major public open space area should anchor this sub-district with smaller landscaped areas connecting the<br />

larger open space area in a well-planned, but dispersed network of sidewalks and walkways. Residential<br />

land-uses in this sub-district will strictly be limited to mixed-use development, where residential units may<br />

only be located above a more intensive retail, service, office or restaurant use. The City Center-Core (CC-C)<br />

sub-district is situated within the boundaries of the Transit Station Overlay District, where the land-use layout<br />

of this district will be integral to the functional aspects of pedestrian activity and commerce.<br />

The City Center-Core (CC-C) sub-district is generally described as an area that is approximately<br />

42-acres in size, an area more commonly identified as the Briarwood commercial center. The north boundary<br />

of the sub-district extends from the corner of Redwood Road and 7800 South to approximately 1500 <strong>West</strong>.<br />

The east boundary extends south along 1500 <strong>West</strong> for approximately 500-feet and then commences west to<br />

1530 <strong>West</strong>; wherein it extends south again to the existing Union Pacific railway corridor. From this point the<br />

boundary of the sub-district extends southwest along the railway corridor to Redwood Road, at which point the<br />

west boundary line extends along Redwood Road from the Union Pacific railway corridor back to the corner of<br />

Redwood Road and 7800 South.<br />

The following map describes the boundaries of the City Center-Core (CC-C) sub-district:


(b) City Center-Residential (CC-R). This sub-district is envisioned to have a mixture of medium<br />

to high-density housing, with a small amount of retail, service, office and/or restaurant uses along the frontage<br />

of Redwood Road and the mid-block thoroughfares adjacent to the future light-rail station. Though higher in<br />

density, this sub-district is to act as a buffer between the residential uses to the south and the anticipated higher<br />

densities within the City Center-Core (CC-C) sub -district. Public and private open spaces shall be found<br />

t hroughout the City Center-Residential (CC-R) sub-district, connected to each other by a well planned<br />

sidewalk system. At the time of redevelopment of this area, Bingham Creek shall be protected and enhanced<br />

a s an adequate riparian buffer and corridor, creating a natural public open space amenity with a multi-use trail.<br />

The City Center-Residential (CC-R) sub-district is generally described as an area that is approximately<br />

27-acres in size, an area more commonly identified today as the Brookside Mobile Home Estates. The north<br />

boundary of this sub-district p arallels the south side of the existing Union Pacific railway corridor from<br />

Redwood Road to approximately 1500 <strong>West</strong>, wherein the east boundary extends s outh from the rail corridor to<br />

8200 South. From this point, the south boundary continues west to Redwood Road, at which point the west<br />

b oundary line extends along Redwood Road from 8200 South to the Union Pacific railway corridor.<br />

The following map describes the boundaries of the City Center-Residential (CC-R) sub-district:


(c) City Center-Frame (CC-F). This sub-district is envisioned to expand upon the existing<br />

mixture of auto-oriented retail, service, office and restaurant us es. The City envisions th at, over time, the<br />

established uses along the north side of 7800 South and the west side of Redwood Road will be replaced by<br />

uses that are larger in scale, but remain mostly auto-oriented.<br />

Because of the high traffic patterns of both 7800 South and Redwood Road, pedestrian connectivity<br />

and walk-ability from the City Center-Core (CC-C) to the City Center- Frame (CC-F) sub-districts is not<br />

feasible; however, architectural and site design standards shall be incorporated into this area to establish a<br />

“sense of place” and to act as a gateway to the entire City Center. At the time of redeve lopment of this area,<br />

Bingham Creek shall be protected and enhanced as an adequate riparian buffer and corridor, creating a natural<br />

public open space amenity with a multi-use trail.<br />

The City Center-Frame (CC-F) sub-district consists of three different areas which total approximately<br />

38-acres in size. These areas are better defined within the following boundaries:<br />

(1) The largest segment of this sub-district has a north bound ary that basically follows the south<br />

property lines of the residentially zoned prop erties located north of 7800 South, between 1410<br />

<strong>West</strong> to Redwood Road. From this periphery, the boundary then extends south along<br />

Redwood Road to 7800 South, continuing east along the north side of 7800 South, then back<br />

to 1410 <strong>West</strong> to close the boundary.<br />

(2) A second segment of this sub-district is loca ted<br />

at the southwest corner of<br />

the existing Union<br />

Pacific railway corridor and Redwood Road. The north boundary line extends from Redwood<br />

Road to the Sugar Creek Condominiums located at approximately 1800 <strong>West</strong>.<br />

From this point


the boundary commences south along the east side of the Sugar Creek Condominiums to 8200<br />

<strong>West</strong>, then continuing along the north side of 8200 South to Redwood Road; wherein the east<br />

boundary of the sub-district extends along the west side of Redwood Road from 8200 South to<br />

the Union Pacific railway corridor.<br />

(3) The last and smallest segment of this sub-district is located just east of the City-Center-Core<br />

(CC-C) sub-district. The north boundary line is located along the south side of 7800 South<br />

extending from 1410 <strong>West</strong> to 1530 W est. The boundary then continues south to a point of the<br />

existing M-1 zoned property to the so uth; wherein the south boundary line parallels the rear<br />

property lines of those properties located between 1410 <strong>West</strong> and 1530 <strong>West</strong> along the south<br />

side of 7800 South. The east boundary closes this segment, extending along the west side of<br />

1410 <strong>West</strong> from the properties zoned M-1 to 7800 South.<br />

The following map describes the boundaries of the City Center-Frame (CC-F) sub-district:<br />

(Adopted by Ord. No. 06-27, 06-20-2006)<br />

Sec. <strong>89</strong>-3-1004. Permitted and conditional uses in the City Center Zoning Districts<br />

(a) Permitted and conditional uses in the City Center sub-districts. Uses allowed in the City<br />

Center sub-distr icts are listed in the following table. Those uses identified as “permitted” are allowed by right,<br />

provided that they comply with all other requirements of this Chapter, and all other applicable requirements of<br />

this Part. Uses identified as “conditional” may either be approved administratively or by the Planning


Commis sion pursuant to the standards and procedures for conditional uses set forth in §<strong>89</strong>-5-404, so long as<br />

they comply with all other applicable requirements of this Part. Uses not specifically listed in this Part shall<br />

not be allowed in the City Center Zone.<br />

Legend:<br />

C = Conditional Use<br />

P = Permitted Use<br />

Permitted and Conditional Uses in<br />

the City-Center sub-districts<br />

Use: CC-C CC-F CC-R<br />

Accessory building or structure<br />

C<br />

Auditorium<br />

C<br />

Bail bonds and Pawnbrokers<br />

C<br />

Banks, Credit Unions w/o drive-up service windows P P C<br />

Banks, Credit Unions with drive-up service windows C C<br />

Bed and Breakfast P P<br />

Brewpub C C<br />

Check cashing credit card services<br />

C<br />

Church/Place of Worship C C<br />

Club or service organization C C<br />

College or University, Satellite Campus P C<br />

Convention Center<br />

P<br />

Daycare, General C C C<br />

Daycare, Limited between 6 and 12 children P P P<br />

Department Store, Small P C<br />

Drive-up automated teller machines C C<br />

Farmers market P C<br />

Health & Fitness Facility P P<br />

Hotel P C C<br />

Home Occupation as listed in §<strong>89</strong>-6-503 P P P<br />

Low power radio service facility C C<br />

Media Service P C<br />

Medical Service P P C<br />

Mixed-use structures P P C<br />

Motel<br />

C<br />

Movie Theater P C<br />

Municipal, recreational & cultural facilities and services P P C<br />

Office, general P P C<br />

Off-site parking C C C<br />

Outdoor dining P C C<br />

Outdoor exhibits, display s or sales areas P<br />

Park, public or private P P P<br />

Park & Ride Lot P<br />

Parking structu res P C C<br />

Personal Care Service P P C<br />

Personal Instruction Service C C C<br />

Private clubs & lodges C C<br />

Produce or flower stands P C


Recreational Facilities, Indoor & Outdoor P C<br />

Residential facility for disabled or elderly P P P<br />

Residential, attached single-family<br />

P<br />

Legend:<br />

C = Conditional Use<br />

P = Permitted Use<br />

Permitted and Conditional Uses in the<br />

City-Center sub-districts<br />

Use: CC-C CC-F CC-R<br />

Residential, multi-family (single use) over 45-ft in<br />

height<br />

C<br />

Residential, multi-family (single use) under 45-ft in height P<br />

Restaurant, general P P C<br />

Restaurant (Dri ve-through)<br />

C<br />

Retail establishment up to 15,000 sq. ft. P P C<br />

Retail establishment greater than 15,000 sq. ft. C C<br />

School, vocational C C<br />

Secondhand store<br />

C<br />

Service establishment up to 15,000 sq. ft. P P C<br />

Small scale public utilities C C<br />

Transit station structures, facilities<br />

P<br />

Utility, Minor C C<br />

Vehicle and equipment repair (general)<br />

C<br />

Vehicle and equipment repair (limited)<br />

C<br />

e:<br />

The<br />

follo<br />

win<br />

g<br />

uses<br />

are<br />

proh<br />

ibite<br />

d<br />

with<br />

in<br />

the<br />

bou<br />

ndar<br />

ies<br />

of<br />

the<br />

City<br />

Cent<br />

er<br />

Zon<br />

Automobile/vehicle sales<br />

Outdoor kennels<br />

Automobile/vehicle washing facilities (carwash) Outside storage and operations<br />

Public or private storage facilities, unless<br />

Billboards<br />

accessory to a residential use<br />

Gasoline service stations<br />

Warehousing facilities and uses<br />

Industrial and manufacturing uses<br />

Utility, Major<br />

(Adopted by Ord. No. 06-27, 06-20-2006; Ord. No. 06-30, 07-18-2006)<br />

Sec. <strong>89</strong>-3-1005. Residential Density<br />

The development of residential housing within the City Center Zone should be achieved through a<br />

mixture of multi-family dwelling units and townhouses/condominiums (attached single-family units).<br />

Multi-family dwelling units may be constructed as single-use structures (City Center-Residential sub-district<br />

only) or as units above the first (or higher) floor level of a mixed-use structure, where the minimum and<br />

maximum density ranges for apartments may still apply.<br />

The following density requirements shall apply to all residential uses in the City Center-Core and City<br />

Center-Residential districts:<br />

Range of Density for the City Center-Residential sub-district


Use<br />

Density Ranges<br />

Min. Dwelling<br />

Units Per Acre<br />

Max. Dwelling<br />

Units Per Acre<br />

Multi-family dwellings/Condominiums w/surface parking 14 25<br />

Multi-family dwellings/Condominiums/Mixed-Use<br />

w/underground or structured parking 14 30<br />

Range of Density for the City Center-Core sub-district<br />

Use<br />

Density Ranges<br />

Min. Dwelling<br />

Units Per Acre<br />

Max. Dwelling<br />

Units Per Acre<br />

Multi-family dwellings/Condominiums w/surface parking 14 25<br />

Multi-family dwellings/Condominiums/Mixed-Use<br />

w/underground or structured parking 14 50<br />

(Adopted by Ord. No. 06-27, 06-20-2006)<br />

Sec. <strong>89</strong>-3-1006. Street types and standards<br />

The street classification system applies to new streets within the entire City Center Zone, where<br />

different standards will apply for each type of allowed street. The three types of allowed streets are as follows:<br />

(a)<br />

Vehicular Street<br />

(1) This interior type street will consist of at least one thru travel lane in each direction and one<br />

turning lane, as well as a parking lane on both sides of the street. The cross-section width of a<br />

Vehicular Street is 80 to 88-feet in width.<br />

(2) Vehicular Street right-of-ways are characterized by buildings set close to a wide sidewalk,<br />

street-facing facades with no less than 50% window transparency, shared parking, parking<br />

behind buildings, ground level details, canopy entrances,<br />

street trees and furnishings.


(b)<br />

(1)<br />

Pedestrian Street<br />

This interior street type will consist of at least one thru travel lane in each direction with a<br />

landscaped median between two travel lands, as well as a parking lane on both sides of the<br />

street. The cross-section width of a Pedestrian Street is 88-feet to 91-feet.<br />

(2) Pedestrian Street right-of-ways are characterized by buildings with varied setbacks,<br />

street-facing facades with high percentages of transparency, parking behind buildings, many<br />

ground level building details, direct entrances to buildings from the sidewalk, overhead<br />

weather protection, pedestrian-oriented signs, street trees and furnishings. A landscaped<br />

13-foot median shall be provided on all Pedestrian Streets, broken in length only by<br />

pedestrian crossings, intersections, or other impediments that may be required for safety<br />

purposes.


(c)<br />

Neighborhood Street<br />

(1) This street type will consist of a maximum of one thru travel lane in each direction with at<br />

least one parking lane. The cross-section width of a Neighborhood Street is 53-feet.<br />

(2) Neighborhood Street right-of-ways are characterized by single-sided parallel parking, direct<br />

entrance from the sidewalk into buildings, ground level details, weather protection over<br />

entrances, street trees and furnishings.


(d) Alleys. Alleys are characterized as unnamed public or private right-of-ways that are primarily<br />

designed to serve as a se condary thoroughfare to the rear or side of those properties whose principal frontage is<br />

on another street. Commercial properties shall use alleys as efficient right-of-ways for ingress and egress to<br />

loading dock areas, parking areas or parking structures, while residential properties shall use alleys as private<br />

or public ingress and egress to garages or parking structures. The cross-section width of an alley shall be no<br />

less that 20-feet of paved right-of-way, which is wide enough for a single travel lane in each direction. Parking<br />

shall not be allowed on any alley.<br />

(e) All streets developed and maintained within the City Center Zone shall be constructed to the<br />

technical standards established<br />

in this Part. In instances where the developer can show that, because of<br />

security requirements, severe topography, or other special circumstances, that meeting the street type<br />

requirement of this Part is impractical, the Planning Commission, after receiving recommendation from the<br />

City Engineer, Fire Chief, and Planning Division, may approve modified<br />

street standards as part of the final


development and site plan. In no way shall an alternate street plan deviate from the intent of the goals and<br />

objectives of creating a pedestrian friendly downtown core.<br />

(Adopted by Ord. No. 06-27, 06-20-2006)<br />

Sec. <strong>89</strong>-3-1007. Streetscape standards<br />

(a) Sidewalks. Public/private sidewalks shall be located<br />

along all streets. Sidewalks shall consist of three zones: an amenity<br />

zone, a walk ing path, and a dining and/or display area (Vehicular and<br />

Pedestrian Streets only). The following regulations shall apply:<br />

(1) Amenity Zone. All street trees shall be located in a<br />

planting area with a minimum width of 5-feet between<br />

the curb and the walking path of the sidewalk. This<br />

zone is intended for the placement of utility poles,<br />

waste receptacles, fire hydrants, traffic signs,<br />

newspaper vending boxes, bus shelters, bicycle racks,<br />

and similar elements in a manner that does not obstruct<br />

pedestrian access or motorist visibility. Placement of<br />

structures in the amenity zone requires site design<br />

approval by the City.<br />

(2) Walking Path. Sidewalks shall consist of a clear<br />

walking path that is a minimum of 5-feet and a<br />

maximum of 13.5-feet in width depending on the type<br />

of street. This space shall remain unobstructed by any<br />

permanent or nonpermanent feature for a minimum<br />

height of 8-feet except when utilized as a dining or<br />

display area.<br />

Walking Amenity Street<br />

(3) Dining and/or Display Area (Vehicular and Pedestrian Path/Dining Zone<br />

& Display<br />

Streets only). Sidewalk encroachments shall be located<br />

between the walking path and buildings. Dining and/or<br />

display areas within the walking path shall not encroach into a main walking path area (a<br />

5-foot area closest to the amenity zone). A maximum width of 8.5-feet may be allocated<br />

toward dining and display on Pedestrian Streets, and a maximum width of 7-feet may be<br />

allocated toward dining and display on Vehicular Streets. Examples of features that may be<br />

utilized in dining and display areas are outdoor dining chairs and tables, planters, ramps,<br />

stairs, A-frame signs and perimeter outdoor dining fencing that is no greater than 36-inches in<br />

height and at least 75% opaque.<br />

(4) Sidewalks, walking paths, and street trees shall be provided in accordance with<br />

the descriptions associated with each street type below:<br />

a. Vehicular Streets: Sidewalks - 8 to 12-feet wide<br />

Walking path – at least 5-feet wide<br />

b. Pedestrian Streets:<br />

Sidewalks - 12 to 13.5-feet wide<br />

Waling path – at least 5-feet wide<br />

c. Neighborhood Streets: Sidewalks: 5-feet wide


(5) Street trees must be at least 2 ½ inch caliper and 20 to 30-feet on center when installed; tree<br />

grates and planter boxes may be used. (Clustering is permitted per Planning Commission<br />

approval only).<br />

(b) Pedestrian walkways and circulation. Convenient pedestrian walkways shall be provided to<br />

minimize pedestrian-aut o conflicts, and shall be provided continuously throughout the City-Center Zone. All<br />

streets, except for alleys , shall be bordered by sidewalks on both sides of the right-of-way in accordance with<br />

the Streetscape Standards in this Part.<br />

(1) Pedestrian walkways shall connect building entrances to each other. Walkways shall also<br />

conn ect building entrances, sidewalks, and public streets to planned transit stops.<br />

(2) Where practical, pedestrian walkways shall be raised above the grade of stre ets, drives,<br />

parking lots and other paved areas. Where pedestrian walkways cannot be raised, walkways<br />

shall be constructed of a material differing in texture from the adjacent hard-surfacing.<br />

(3) Pedestrian crosswalks shall have a different color and texture from the adjacent<br />

hard-surfacing. Crosswalks shall be clearly discerned through the installation of pavers,<br />

brick, stamped concrete or cobble.<br />

(c)<br />

Off-street pedestrian walkways and connections.<br />

(1) Clearly defined off-street pedestrian walkways shall be provided and connected throughout<br />

the City Center Zone. These connections include:<br />

a. Between a public right-of-way and building entrance.<br />

b. Between parking lot or structure and building entrances.<br />

c.<br />

Between transit stop and building entrances.


d. Between transit stop and parking lot or structure.<br />

e. Between adjacent properties.<br />

(2) Off-street pedestrian walkways shall not be less than 5-feet wide.<br />

(3) Off-street pedestrian walkways shall be clearly defined by at least two of the<br />

following:<br />

a. 6-inch vertical curb in combination with a raised walkway.<br />

b. Textured paving, including across vehicular lanes.<br />

c. Bollards.<br />

d. Trellis.<br />

e. Pedestrian scale lighting, bollard lighting, accent lighting, or combination thereof to<br />

aid in pedestrian wayfinding.<br />

(d)<br />

Curbs, Approaches and Driveways.<br />

(1) Curb cuts for non-residential uses shall not exceed 24-feet for combined ....entries/exits.<br />

(2) The sidewalk pattern shall carry across the driveway to increase attention to and awareness<br />

of the pedestrian right-of-way.<br />

(3) Curb cuts and approaches shall be consolidated between developments and designed to<br />

promote a safe and pedestrian friendly environment.<br />

(e)<br />

Fences and walls.<br />

(1) When abutting a Vehicular, Pedestrian, or Neighborhood street type, fences are not permitted<br />

between any buildings and a public/private sidewalk, except in instances necessary for<br />

defining outdoor dining areas.<br />

(2) When abutting a Vehicular, Pedestrian, or Neighborhood street type, no walls,<br />

retaining walls, shall be located between a building and a public/private sidewalk.<br />

except<br />

(3) Fences and walls not abutting a Vehicular, Pedestrian, or<br />

Neighborhood street<br />

type shall not exceed 6-feet in height,<br />

inclusive of fences or walls used to screen<br />

mechanical equipment and dumpsters.<br />

loading areas,<br />

(4) All proposed fences and walls to be constructed within<br />

the City Center Zone shall be approved by the<br />

Architectural Review Committee.<br />

(f)<br />

Street lighting.<br />

(1) Street lighting height and spacing. The maximum street<br />

light height for Neighborhood and Pedestrian Street<br />

Types shall be 16-feet and spaced no further than 75-feet<br />

apart. The maximum street light height for Vehicular<br />

Streets shall be 24-feet and spaced no further than<br />

150-feet apart.


(2)<br />

All lighting shall be shielded from producing off-site glare, either through exterior shields or<br />

through optical design inside the fixture, so that the direction of the lights is downward.<br />

(3) All streetlights shall have brackets to mount special event and other flags and banners,<br />

pursuant to §<strong>89</strong>-4-204(c)(2).<br />

(4) The type and style of each street light being proposed throughout the City Center Zone shall<br />

be approved by the Architectural Review Committee; wherein each lighting fixture and<br />

standard shall be consistent throughout each defined sub-district and also consistent with<br />

§<strong>89</strong>-4-816 - Lighting Standards in the Transit Station Overlay District.<br />

(g) Bus Shelters. Bus shelters shall include amenities such as benches and weather protection and<br />

shall be located within the Amenity or Dining and Display areas. The design and location of bus shelters shall<br />

be approved by the Planning Commission.<br />

(h)<br />

(1)<br />

Gateway locations:<br />

Designated Gateways shall be located in the following areas within the City Center districts:<br />

a. Southeast corner of 7800 South and Redwood Road<br />

b. South side of 7800 South at 1530 <strong>West</strong><br />

c. East side of Redwood Road at 8020 South<br />

d. Transit Station, north side of the tracks<br />

(2) At designated Gateways, design features shall be included on the site which is composed of at<br />

least two of the<br />

following elements:<br />

a.<br />

b.<br />

c. Artwork<br />

d. f<br />

e.<br />

f.<br />

Planters<br />

Flowering specimen trees<br />

Water eatures<br />

Public spaces<br />

Unique lighting<br />

(3) A designated Gateway feature may be combined with a public or private open space area to<br />

meet the open space requirement of the development; however, each Gateway must meet the<br />

requirements provided under the Building Design Guidelines in this Part - “Marking<br />

Gateways”.<br />

(4) Marking Gateways:<br />

a. To help identify and highlight major entrances<br />

into the City Center Zone, gateway locations<br />

shall be installed and designed to emphasize their<br />

location as entries into the City Center.<br />

b. Buildings within gateway areas shall incorporate<br />

architectural features that are bold and dramatic,<br />

such as the following:<br />

(i)<br />

(ii)<br />

Tower forms at corners<br />

Large entries


(iii) High bay lobbies<br />

(iv) Accent lighting<br />

(v) Unusual shapes or forms<br />

(vi) Artwork, such as sculpture or mural<br />

(Adopted by Ord. No. 06-27, 06-20-2006)<br />

<strong>89</strong>-3-1008. Site development standards<br />

(a) City Center-Commercial (CC-C) and City Center-Frame (CC-F) sub- district site<br />

develop ment standards.<br />

(1) Building height.<br />

a. City Center-Core (CC-C) sub-district: New structures within the boundaries of the<br />

City Center-Core (CC-C) sub-district shall be no more than 60-feet in height for<br />

mixed-use, office and commercial structures. An increase to the maximum height<br />

requirement for a structure may be granted by the Planning Commission through a<br />

Conditional Use Permit. Under no circumstance shall any building be shorter than<br />

two stories.<br />

b. City Center-Frame (CC-F) sub-district: New structures within the boundaries of the<br />

City Center-Frame (CC-F) sub-district shall be no more than 45-feet in height for all<br />

new structures. An increase to the maximum height requirement for a structure may<br />

be granted by the Planning Commission through a Conditional Use Permit.<br />

(2)<br />

Setbacks.<br />

a. City Center-Core (CC-C) sub-district: Buildings shall be constructed to the back of<br />

the sidewalk on all Vehicular Streets. Buildings on Pedestrian or Neighborhood<br />

Streets may be set back from the sidewalk a maximum of twenty-feet when<br />

configured to provide usable public space such as a plaza, courtyard, or outdoor<br />

dining area. A maximum setback of 10-feet shall be provided for parking structures<br />

to provide an area for vegetative screening on all street types.<br />

b. City Center-Frame (CC-F) sub-district: Buildings shall be set back no more than<br />

20-feet from the back of the sidewalk.<br />

(3)<br />

Orientation to the street.<br />

a. To reinforce pedestrian activity<br />

and enhance liveliness of the<br />

street, all buildings in the City<br />

Center-Core (CC-C) and City<br />

Center-Frame (CC-F) sub-districts<br />

shall be oriented toward the<br />

adjacent interior street(s) and in no<br />

case oriented to a parking lot.<br />

b. Entrances to buildings shall be<br />

visible from the street and<br />

accessible from the adjacent<br />

sidewalk or pedestrian path.


(4) Massing: Buildings shall have a visually distinct base and top. A base can be emphasized by<br />

a different masonry pattern with more architectural detail, accented with storefront windows,<br />

storefront canopies, or a combination of both. The ground level of the building shall have the<br />

appearance of having more mass and bulk in order to be clearly delineated from the other<br />

levels of the building.<br />

(5) Fenestration:<br />

a. Seventy-five percent of the front façade on the ground floor for buildings in the City<br />

Center-Core (CC-C) sub-district, and 50% of the front façade on the ground floor for<br />

buildings in the City Center-Frame (CC-F) sub-district shall be transparent.<br />

Fenestration shall consist of true window and door openings allowing views into and<br />

out of the interior of the building, beginning at a point not more than 3-feet above the<br />

level of the sidewalk, and no less than 8-feet above the sidewalk. False windows are<br />

not permitted in the City-Center Zone.<br />

b. The length of façade level fenestration shall be broken up by no more than a 10-foot<br />

length of a building wall.<br />

(6) Lot width and area. No minimum lot widths or areas are required for this district.<br />

(7)<br />

Ground level details. To reinforce the character of the streetscape, all ground-floor facades<br />

visible from a public or private street shall incorporate at least six of the following elements:<br />

a.<br />

b.<br />

Lighting supported by ornamental brackets<br />

Medallions<br />

c. Belt courses<br />

d. Plinths for columns<br />

e. Kick-plate for storefront windows<br />

f. Projecting sills<br />

g. Tile work<br />

h. Planter boxes<br />

i. Cornices<br />

j. Pediment entries<br />

k. Columns or pillars<br />

l. Overhangs<br />

m. Window moldings<br />

n. Recessed fenestration<br />

o. An element not listed here that meets the intent of this Part and as approved<br />

by the Zoning Administrator


(8)<br />

Entrances:<br />

a. Entrances shall be given a visually distinct architectural expression by two or more of<br />

the following elements:<br />

(i) High bay(s)<br />

(ii) Canopy (extending from the building at least 4-feet)<br />

(iii) Portico (extending from the building at least 4-feet)<br />

(iv) Recessed entry (recessed at least 2-foot)<br />

(v) Protruding facade (protruding at least 2-feet)<br />

b. Porches, roof overhangs, hooded front doors, or<br />

other architectural façade elements shall define<br />

the front<br />

entrance of all structures.<br />

(9) Rooftop Screening.<br />

a. Mechanical and communications equip ment shall<br />

be screened by extended parapet walls or other<br />

roof forms that are integrated with the<br />

architecture of the building.<br />

b. Cell phone transmission equipment shall blend in<br />

with the design of a roof, rather than merely<br />

attached to the roof-deck.<br />

c. Painting equipment, erecting fences, and using mansard-type roofs are not acceptable<br />

methods of screening.<br />

(b)<br />

City Center-Residential (CC-R) sub-district site development standards.<br />

(1) Building height.<br />

a. New structures within the boundaries of the City Center-Residential (CC-R)<br />

sub-district shall be no more than 45-feet in height. An increase to the maximum<br />

height requirement for a structure may be granted by the Planning Commission<br />

through a Conditional Use Permit.<br />

(2) Setbacks.<br />

a. Front/corner yard setback: Except for attached single-family dwellings, all<br />

buildings may be set back a maximum of 20-feet when adjacent to a Pedestrian or<br />

Neighborhood Streets. Attached single-family residential dwellings shall be setback a<br />

minimum of 5-feet and a maximum of 20- feet.<br />

b. Interior yard setback: No requirement for non-residential, mixed-use structures.<br />

Attached single-family residential dwellings shall have a minimum interior side yard


setback of 6-feet.<br />

c. Rear yard setback: No requirement for non-residential, mixed-use structures.<br />

Attached single-family residential dwellings shall have a minimum rear yard setback<br />

of 15-feet, except in instances where the garage is attached to the single-family<br />

dwelling and accessed from an alley, and then there is no required rear yard setback.<br />

(3)<br />

Residential architectural design<br />

a. All visible building facades shall be aesthetically interesting and follow a clear set of<br />

architectural requirements and styles as listed throughout this Part. Visible building<br />

facades void of architectural elements, windows, and articulation are not allowed in<br />

this sub-district. The maximum distance between façade fenestration on any side of a<br />

residential structure shall be no more than 10-feet, except in instances where a garage<br />

is attached to the rear of a single-family dwelling, and then there is no rear entry<br />

garage fenestration requirement.<br />

b. The visual prominences of garages which face public or private right-of-ways on<br />

Pedestrian or Neighborhood Streets shall not be permitted.<br />

c. The architectural features, materials and articulation shall be continuous along all<br />

sides of each new residential building. The following is a list of encouraged, but<br />

non-inclusive, architectural features:<br />

(i) Cornices<br />

(ii) Columns or pillars<br />

(iii) Dormers<br />

(iv) French doors<br />

(v) Front and wrap-around porches not<br />

less than 6-ft. in width and 8-ft. in length<br />

integrated with a decorative railing.<br />

(vi) Gabled, gambrel or hipped roofs<br />

with a pitch of not less than 6/12<br />

(vii) Large entry porches (porticos) (at<br />

least 6-ft. x 8-ft. in size)<br />

(viii)<br />

Muntin or transom windows<br />

(ix) Overhangs which exceed 18-inches<br />

(x) Pediment Entry<br />

(Adopted by Ord. No. 06-27, 06-20-2006)<br />

Sec <strong>89</strong>-3-1009. Standards for parking and loading areas<br />

(a) Parking standards in the City Center-Core (CC-C)<br />

and City Center-Fr ame (CC-F) sub-districts.<br />

(1) Parking shall be located either to the side or to the<br />

rear of a building. Parking lots and parking garages<br />

shall not be located on corner lots at intersections.<br />

(2) In so far as possible, all parking aisles should be<br />

double loaded (parking on both sides) in order to minimize the amount of pavement needed<br />

for pavement areas for<br />

vehicle circulation and maneuvering.


(3)<br />

Convenient, marked pedestrian walkways shall be provided within the interior of a parking<br />

lot.<br />

(4) Lighting fixtures shall be installed within required vehicular parking lots. Parking lot lighting<br />

shall be installed in medians, landscaped islands or within landscape buffers, wherein<br />

stand-alone bases and light fixtures within the parking lot itself will not be permitted. The<br />

maximum height for parking lot lighting fixtures shall be 24-feet and spaced no further than<br />

150-feet apart.<br />

(5) All parking lot lighting shall be shielded from producing off-site glare, either through exterior<br />

shields or through optical design inside the fixture, so that the direction of the lights is<br />

downward.<br />

(b)<br />

Standards for parking structures.<br />

(1) Structured parking shall be designed to avoid undifferentiated places. The scale of parking<br />

structures shall be modulated by interruptions of the facades, setbacks, and lowering the first<br />

level below the existing grade (where the water table allows) to reduce total height.<br />

(2) Parking structures shall have landscaping around the perimeter which will correspond<br />

to adjacent land uses a nd activities. Such landscaping shall include, but not be limited to, a<br />

combination of shade trees, evergreen trees, shrubs, groundcovers, deciduous native and<br />

ornamental shrubs, and vines to help screen the structures.<br />

(3) For security, pedestrian routes shall be visible. Enclosed or hidden areas shall be avoided<br />

and emergency call boxes shall be available at accessible and convenient areas throughout<br />

pedestrian routes.<br />

(4) At ground level, freestanding parking structures shall comply with the guidelines addressed<br />

under §<strong>89</strong>-4-908( a)(7) o f this Part.<br />

(c) P arking lot landscape standards<br />

(1) Planting areas with trees shall be used to break up large parking areas. The number of trees<br />

required in the interior landscape area shall be dependent upon the location of the parking lot<br />

in relation to the building and adjacent right-of-way.<br />

a. Where the parking lot is located to the side of the building, 1 tree for every 8<br />

parking stalls is required.<br />

b. Where the parking lot is located behind the building and is not visible from a<br />

private or public right-of-way, 1 tree for every 12 spaces is required.<br />

c. Beyond what is required for interior parking lot landscaping, all other<br />

requirements for parking lot landscaping shall follow the standards as described<br />

in §<strong>89</strong>-6-707 of this <strong>Title</strong>.<br />

(d)<br />

Parking Requirements:<br />

(1) Multi-family residential located within the TSOD shall provide 1 parking space per dwelling<br />

unit, plus 0.5 parking spaces for each additional bedroom. A maximum of 1.5 parking spaces


is permitted for each multi-family residential unit.<br />

(2)<br />

Multi-family residential located outside the ¼ mile radius of the TSOD shall provide 1.5<br />

spaces per dwelling unit, plus 0.5 parking spaces for each additional bedroom.<br />

(3) Retail, service, and commercial uses located within the TSOD shall provide a maximum of 3<br />

parking spaces per 1,000 square feet of gross floor area.<br />

(4)<br />

Retail, service, and commercial uses located outside of the TSOD shall provide a maximum of<br />

3.5 parking spaces per 1,000 square feet of gross floor area.<br />

(5) Restaurants located within the TSOD shall provide a maximum of 6 parking spaces per 1,000<br />

square feet of gross floor area. Outdoor dining areas need not be included in gross floor area<br />

calculations.<br />

(6) Restaurants located outside of the TSOD shall provide a maximum of 8 parking spaces per<br />

1,000 square feet of gross floor area. Outdoor dining areas need not be included in gross floor<br />

area calculations.<br />

(7) Auditoriums, Conference Centers, and Movie Theaters within the City Center Zone shall<br />

provide a maximum of 8 parking spaces per 1,000 square feet of gross floor area.<br />

(8) Other uses not listed in the parking requirements of the Part shall be determined by the Zoning<br />

Administrator based on the most similar use listed herein or on standards as specified in the<br />

required parking chart established in §<strong>89</strong>-6-603(b). A use not listed in this Part, but<br />

established with in §§<strong>89</strong>-6-603(b) shall have its parking reduced no less than 25%.<br />

(9) On-street parking shall be used to establish the number of required parking spaces within the<br />

City Center Zone. A structure and use that have linear frontage along a right-of-way which<br />

has on-street parking, shall calculate each on-street parking stall within the uses overall<br />

parking calculations.<br />

(10) The maximum<br />

allowance for parking stalls referenced in this Part may be increased by no<br />

more than 35% where parking stalls are provided within a parking structure.<br />

(e) Loading areas. Loading areas for delivery shall be designed to provide sufficient area for the<br />

maneuverability of delivery a nd freight vehicles. In no instance shall a building’s loading bay doors face a<br />

public or private right-of-way unless the property fronts two right-of-ways. If a loading area faces a<br />

right-of-way on a double-fronting lot, it will then be necessary to completely screen the bay doors from public<br />

view through proper landscaping or berming.<br />

(f) General Parking Requirements. Except as indicated in this part, all developments located<br />

within the City Center-Core (CC-C) and City Center-Frame (CC-F) sub-districts shall meet the parking<br />

requirements as listed in §<strong>89</strong>-4-809 – Transit Station Overlay District – Parking Requirements.<br />

(g) Standards for parking facilities in the City Center-Residential (CC-R) sub-district. Due to<br />

the fact that the entire City Center-Residential (CC-R) sub-district is located within the radius of the <strong>West</strong><br />

<strong>Jordan</strong> City Ce nter Transit Station Overlay District, the general parking requirements for all development<br />

within this area shall refer to the parking requirements as listed in §<strong>89</strong>-4-809 – Transit Station Overlay District<br />

– Parking Requirements.<br />

(h) Parking lot lighting standards. All new developments<br />

within the three City Center


sub-districts shall meet the lighting standard requirements as listed in §<strong>89</strong>-4-816 – Transit Station Overlay<br />

District – Lighting<br />

Standards.<br />

(i)<br />

Shared Parking.<br />

(1) The closer shared spaces are to the land uses they serve, the more likely the shared<br />

parking arrangement will be a success. Shared spaces for residential units shall be located no<br />

further than 300-feet from the dwelling unit entrances they serve, while spaces for<br />

non-residential uses shall be no further than 500-feet from the main building entrances they<br />

serve.<br />

(2) The following schedule indicates how shared parking for certain general uses can be used to<br />

reduce the total amount of parking required:<br />

SCHEDULE OF SHARED PARKING<br />

General Land<br />

Use Weekdays<br />

Weekends<br />

Classifications Midnight- 7:00 am- 6:00 pm- Midnight- 7:00 am- 6:00 pm-<br />

7:00 am 6:00 pm Midnight 7:00 am 6:00 pm Midnight<br />

General Office/<br />

5% 100% 5% 5% 10% 5%<br />

Medical Office/Bank<br />

Theater/entertainme nt 5% 40% 100% 10% 50% 100%<br />

Retail/service 10% 100% 80% 10% 100% 70%<br />

Restaurant/P ub 20% 40% 100% 70% 50% 100%<br />

Hotel 100% 70% 100% 100% 70% 100%<br />

Residential 100% 60% 100% 100% 60% 100%<br />

Conference Hall 10% 100% 100% 10% 100% 100%<br />

(3) Determining the total requirements for shared parking facilities. For each applicable<br />

general land use category, calculate the number of spaces required for each use, assuming it is the<br />

only use (refer to the schedule of minimum off street parking requirements §<strong>89</strong>-6-603). Use that<br />

figure for each land use to calculate the number of spaces required for each time period for each<br />

use (6 time periods per use). For each time period, add the number of spaces required for all<br />

applicable land uses to obtain a grand total for each of the 6 time periods. Select the<br />

time period with the highest total parking requirement and use that total as the shared parking<br />

requirement.<br />

(j) Bicycle parking requirements. All new developments within City Center Zone shall meet the<br />

bicycle parking and bicycle lane requirements as listed in §<strong>89</strong>-4-810 – Transit Station Overlay District –<br />

Bicycle Parking and Bike Lanes.<br />

(k) Waiver of parking for specific uses. Retail, eating and drinking establishments located within<br />

500-feet of a light rail station and having a floor area of 500 square feet or less shall not be required to provide<br />

parking.<br />

(Adopted by Ord. No. 06-27, 06-20-2006)<br />

Sec. <strong>89</strong>-3-1010. Open Space Requirements.<br />

(a) Open Space: The intent of public open spaces in the City Center Zone is to provide pleasant<br />

places for people to gather and recreate both individually and collectively. Open space areas may be either<br />

passive or active in nature depending on whether the area is to act as a buffer, amenity,<br />

or as a public gathering


space.<br />

(1)<br />

Public open space to be provided at key locations. Examples of public open space include,<br />

but are not limited to:<br />

a. pedestrian plazas<br />

b. courtyards<br />

c. parks<br />

d. passive landscaped green spaces<br />

e. forecourts<br />

f. amphitheaters<br />

g. natural conservation areas<br />

h. riparian corridors<br />

(2) Public open spaces are to be located in:<br />

a. areas between buildings and a<br />

public/private streets<br />

b. between buildings on a pedestrian<br />

path, which provides visual and<br />

pedestrian access onto the site<br />

c. areas that serve as a focal point to<br />

the overall development.<br />

d. areas considered riparian or which<br />

act a natural conservation corridor<br />

(3) Public open space shall provide pedestrian oriented amenities and landscaping to enhance the<br />

public’s use of the space as passive or social activity areas; however, it is not always necessary<br />

to landscape public open space to meet the intent of this Part.<br />

(b)<br />

Design standards<br />

(1) To qualify as a “public space”, the proposed space shall include the following components.<br />

a. Pedestrian access into the space from the public or private right-of-way, paved with<br />

walking surfaces such as concrete, brick pavers or other type of paver. Asphalt is<br />

prohibited.<br />

b. Lighting shall be consistent throughout the development. Refer to this Chapter for<br />

site lighting details.<br />

c. Site furniture shall be installed in open space areas. Examples include planters, rails,<br />

benches, retaining walls and other raised surfaces for seating. Wherever possible,<br />

locate seating around those areas with the most sun exposure where views can be<br />

taken advantage of, or near activity centers of the site.<br />

d.<br />

Artwork or amenities such as water features, kiosks, sculptures, etc.<br />

e. Public open spaces shall be visible and accessible from all public or private


walkways.<br />

f. Within the Transit Station Overlay District, public open space shall be within close<br />

proximity to the main entrance(s) of a building or buildings. The open space<br />

requirements as listed in §<strong>89</strong>-4-814 – Transit<br />

Station Overlay District – Open space<br />

requirements, shall be adhered to.<br />

g. Public open space in the City Center-Core (CC-C) sub-district may be provided in any<br />

one of the following manners:<br />

(i)<br />

(ii)<br />

Plaza: An open and predominately paved area which is readily accessible to the<br />

public at all times, wholly or partly enclosed by a building or buildings.<br />

Plazas typically feature walkways, adequate landscaping, and siting and/or<br />

dining areas that are open to the sky.<br />

Green: An open grassy area used for unstructured recreation, usually featuring<br />

periphery walkways and trees.<br />

(iii) Courtyard: An open space that may or may not have street access,<br />

enclosed partly or entirely by a single building or a group of related<br />

buildings.<br />

(iv) Forecourt: An open area typically located at the front and near<br />

the main entrance of a building, enclosed by low walls or planters, and filled<br />

with benches, and/or tables and chairs.<br />

Plaza<br />

Courtyard<br />

Green<br />

Forecourt<br />

(2) City Center-Core (CC-C) sub-district open space requirements.<br />

a. Every new building in the City Center-Core (CC-C) sub-district shall provide open<br />

space in an amount at least equal to 5% the square footage of building area to which it<br />

abuts.<br />

b. At least 15% of the total development area designated within the boundaries of the<br />

<strong>West</strong> <strong>Jordan</strong> City Center Station Community (as part of the TSOD) shall be dedicated


to open space. This open space calculation is inclusive of the 5% required per<br />

§<strong>89</strong>-4-910(a)(2)(a).<br />

c. Useable open space in the City Center-Core (CC-C) sub-district shall be privately<br />

owned and maintained by a property owner’s association. The City may, however,<br />

determine that a particular useable open space serves not only the patrons of the<br />

development but the greater good of the City as a whole, the City may provide<br />

assistance to aid in the development of the particular open space area.<br />

d. Useable open space in the City Center-Core (CC-C) sub-district shall: (a) be designed<br />

to create an environment that limits interaction with motor vehicles; (b) be partially<br />

surrounded by the proposed building-scape; and (c) include various landscape<br />

elements and architectural amenities that enrich the pedestrian experience and create<br />

a stronger sense of place.<br />

e. Activities, such as street vending, open air markets and kiosks are encouraged to<br />

promote pedestrian usage in an open space area.<br />

f. Open space areas in the City Center-Core (CC-C) sub-district shall meet certain<br />

requirements in order to maintain the aesthetics, compatibility, and inviting aspects of<br />

these areas. Each open space area shall provide for at least three of the following<br />

elements:<br />

(i)<br />

(ii)<br />

(iii)<br />

(iv)<br />

(v)<br />

(vi)<br />

Public art<br />

Sitting areas (i.e. stairs, planter boxes, benches, or chairs)<br />

Food (either through close proximity to restaurants, eateries and<br />

neighborhood stores, or by mobile/free standing vending carts).<br />

Water features<br />

Natural light of at least 4-hours of exposure<br />

Planters<br />

g. Specific City Center-Core (CC-C) open space requirements:<br />

(i)<br />

(ii)<br />

A central gathering area and plaza shall be provided within the boundaries of<br />

the City Center-Core (CC-C) sub-district. The plaza shall be proportionate in<br />

size to the surrounding buildings and overall environment.<br />

Storm water retention/detention basins may not be included as part of<br />

fulfilling the open space requirements or calculations of this Chapter.<br />

(3) City Center-Residential (CC-R) sub-district open space requirements.<br />

a. Every new building in the City Center-Residential sub-district shall provide open<br />

space in an amount equal to 15% the gross area of the development.<br />

b. Useable open space in the City Center-Residential (CC-R) sub-district shall be<br />

privately owned and maintained by a property owner’s association.<br />

c. Useable open space in the City Center-Residential (CC-R) sub-district shall be<br />

designed to create an environment that limits pedestrian interaction with motor<br />

vehicles and shall be partially surrounded by the proposed residential building-scape,<br />

various landscape elements and architectural amenities that enrich the pedestrian


experience and create a stronger sense of place.<br />

d. Public open space in the City Center-Residential (CC-R) sub-district may be provided<br />

in any manner as indicated in §<strong>89</strong>-4-910(b) of this Part.<br />

(4) Specific City Center-Residential (CC-R) sub-district open space requirements:<br />

a. A residential plaza shall be provided within 500-feet of the proposed transit station<br />

along the south side of the tracks. The plaza shall be proportionate in size to the<br />

surrounding residential buildings and overall environment.<br />

b. Storm water retention/detention basins may not be included as part of fulfilling the<br />

open space requirements or calculations of this Part.<br />

(5) City Center-Frame (CC-F) sub-district open space requirements.<br />

a. Every new building in the City Center-Frame (CC-F) sub-district shall provide open<br />

space in an amount equal to 1% of the gross square footage of building area to which<br />

it abuts.<br />

b. Useable open space in the City Center-Frame (CC-F) sub-district shall be privately<br />

owned and maintained by a property owner’s association.<br />

(6) City Center-Frame (CC-F) sub-district and City Center-Residential (CC-F) sub district<br />

riparian/trail requirements:<br />

a. A natural riparian area shall be established along both sides of Bingham Creek for<br />

open space purposes and a multi-use trail in accordance with the <strong>West</strong> <strong>Jordan</strong> Parks,<br />

Recreation & Trails Master Plan. The open space and multi-use trail area shall be<br />

measured from the top of bank on both sides of the creek with: (1) a 10-foot<br />

maintenance and buffer area along one side of the creek; and, (2) a 30-foot multi-use<br />

trail and buffer area on the opposing side of the creek. The Bingham Creek Multi-Use<br />

Trail Cross Section is as follows:<br />

b. Storm water retention/detention basins may not be included as part of fulfilling the


open space requirements or calculations of this Part.<br />

(7) Bus Shelters. Developments greater than one-acre in size, which are adjacent to an existing<br />

transit stops shall provide a bus shelter, with benches and weather protection. The design and<br />

location of bus shelters shall be approved by the Planning Commission.<br />

(Adopted by Ord. No. 06-27, 06-20-2006)<br />

Sec <strong>89</strong>-3-1011. Screening of dumpsters and mechanical equipment, outside storage<br />

(a) Screening of dumpsters. Dumpsters shall be screened so as not to be visible from any public<br />

plaza, outdoor dining area, or public/private right-of-way. Screening can include dense landscaping,<br />

decorative and living walls, and fences or walls so long as the fence or wall is in compliance with §<strong>89</strong>-4-907(e)<br />

of this Part.<br />

(b) Ground-level location of equipment. All heating and air conditioning equipment,<br />

transformers, telephone pedestals, and other mechanical equipment shall be located to the side and rear of a<br />

building. Screening with appropriate planting or fencing shall be required if the equipment is visible from the<br />

public/private right-of-way. Mechanical equipment shall not be permitted between a building and any street or<br />

walking path. Ground-level mechanical equipment shall be screened so as not to be visible from any public<br />

plaza, outdoor dining area, or public/private right-of-way. Screening can include dense landscaping,<br />

decorative and living walls, and fences or walls so long as the fence or wall is in compliance with §<strong>89</strong>-4-907(e)<br />

of this Part.<br />

(c) Roof top equipment. When mechanical equipment is located on rooftops, it shall be screened<br />

by architectural elements that are designed as an integral part of the building. Roof top mechanical equipment<br />

shall not be visible from any ground level locations within the City Center Zone.<br />

(d) Telecommunication equipment. Telecommunication switchboards, power generators and<br />

other telecommunications relay equipment and rooms or floors housing them shall be limited to subterranean<br />

levels or to the upper floors of buildings.<br />

(e) Storage. No merchandise shall be stored or stockpiled outside of a business establishment<br />

except as otherwise permitted per this Part.<br />

(Adopted by Ord. No. 06-27, 06-20-2006)<br />

Sec <strong>89</strong>-3-1012. Signs<br />

(a)<br />

Sign regulations, within all City Center sub-districts.<br />

(1) Signs shall be oriented to pedestrians, rather than people in vehicles, and shall be<br />

limited to:<br />

a. Blade signs (projecting over sidewalk)<br />

b. Window signs (painted on glass or hung behind glass)<br />

c. Logo signs (symbols, shapes)<br />

d. Wall signs over entrances<br />

e. Sandwich board signs (a-frames)<br />

f. Monument signs (under 4-feet)<br />

(2) The following signs shall not be permitted anywhere in the City Center Zone:


a. Pole signs<br />

b. Billboards<br />

c. Pylon signs<br />

(3) Creative and artistic elements to signs<br />

a. Signs shall be artistic and bold in form, expressive and individualized.<br />

b. Signs shall convey the product or service offered by the business in a bold,<br />

artistic manner.<br />

c. Projecting signs supported by ornamental brackets and oriented to<br />

pedestrians are strongly encouraged.<br />

(4) The regulations of this Part shall apply to all three City Center zoning sub-districts.<br />

(b) General sign standards and City-Center Residential requirements. Except as required in this<br />

Part and where signage requirements are not referenced herein, it will be necessary to refer to the sign<br />

requirements of Part 11 of this <strong>Title</strong> and §<strong>89</strong>-4-817 – Transit Station Overlay District – Sign Regulations.<br />

(Adopted by Ord. No. 06-27, 06-20-2006)<br />

Sec <strong>89</strong>-3-1013. Nonconforming structures and uses<br />

(a) Nonconforming structures. Nonconforming structures in the City Center Zone may not be<br />

expanded in floor area beyond that which is necessary for structural alterations for remodeling and façade<br />

enhancements. The legal nonconforming status of structures in the City Center Zone will be lost, and the<br />

structure shall be required to come into conformance with this Part, if there is any exterior alteration or<br />

enlargement of a structure where costs are in excess of 50% the structure’s current assessed value at the time of<br />

initial application for such alteration or enlargement work is submitted. Notwithstanding this provision, all<br />

other nonconforming aspects of a structure located within a City Center Zone shall comply with Part 2 –<br />

Nonconforming Structures And Uses, §<strong>89</strong>-6-203 – Nonconforming structures.<br />

(b)<br />

Nonconforming uses.<br />

(1) Change of use. A nonconforming use in the City Center sub-districts shall not be changed to a<br />

different use unless the proposed new use is a conforming use under provisions of this Part.<br />

(2) Abandonment of a use. Once a nonconforming use in the City Center Zone has been<br />

abandoned all nonconforming rights shall cease and the use within the premises shall be in<br />

conformance with the provisions of this Part.<br />

(3) All other nonconforming aspect of a use not covered in this Part, shall comply with Part 2 -<br />

Nonconforming Structures and Uses, §<strong>89</strong>-6-202 – Nonconforming uses.<br />

(Adopted by Ord. No. 06-27, 06-20-2006)<br />

Sec <strong>89</strong>-3-1014.<br />

(a)<br />

Development Plan, Land Use Element and Architectural Review<br />

Development<br />

Plan<br />

(1) A development plan is to be prepared for each proposed development (or phase) within the<br />

three City-Center sub-districts. The development plan shall provide for relevant information


elative to public improvements, development standards and compliance therein, design<br />

criteria, and public incentives. The development plan shall consist of the following:<br />

a. Existing land uses, property ownership, development character and the relative<br />

character of existing and proposed uses and infrastructure. Potential impacts to<br />

existing infrastructure shall be included in the analysis.<br />

b. A master plan shall be provided for each of the three sub-districts. The master plan<br />

shall be graphically illustrated indicating the proposed areas of development, phasing<br />

lines (if any) and the expected times of development. The master plan shall meet the<br />

intent of this Section, the overall intent of the Transit Station Overlay District – Part 8<br />

of <strong>Title</strong> <strong>89</strong>, the adopted <strong>West</strong> <strong>Jordan</strong> Parks, Recreation & Trails Master Plan, the<br />

<strong>West</strong> <strong>Jordan</strong> Downtown Revitalization Design Guidelines and the <strong>West</strong> <strong>Jordan</strong><br />

Downtown Revitalization Land Use Element as prepared by LMN Architects. The<br />

master plan shall be updated as is necessary based on proposed changes within each<br />

development area. The Zoning Administrator shall determine when these master plan<br />

updates are necessary.<br />

c. An independent real estate market analysis of the proposed development shall be<br />

prepared, which takes into consideration the potential demand for the proposed<br />

residential and non-residential uses within the proposed development area.<br />

d. A preliminary and final development plan for Planning Commission and City Council<br />

review and approval is required. The development plans shall include, but not be<br />

limited to, the development’s project boundary, building placement, right-of-way<br />

layout, parking areas, pedestrian and bicycle paths, open space and general gathering<br />

areas, building elevations of all proposed structures, and statements as to how all<br />

building and development guidelines of the <strong>West</strong> <strong>Jordan</strong> Downtown Revitalization<br />

Design Guidelines are being met.<br />

(b) Land use element and design guidelines. Because several essential compliance elements<br />

come into play with regard to development within the City-Center Zoning District, it can be difficult at times to<br />

determine which part of each section of the Zoning Code or adopted design guideline may be applicable. The<br />

intent of this part is to establish requirements for a “downtown” zoning district which complies not only with<br />

the standards and requirements of the Transit Station Overlay District – Part 8 of <strong>Title</strong> <strong>89</strong>, but also the adopted<br />

<strong>West</strong> <strong>Jordan</strong> Parks, Recreation & Trails Master Plan and the <strong>West</strong> <strong>Jordan</strong> Downtown Revitalization Design<br />

Guidelines and <strong>West</strong> <strong>Jordan</strong> Downtown Revitalization Land Use Element as prepared by LMN Architects.<br />

These five zoning elements shall work together as a single entity; wherein the Zoning Ordinance shall<br />

be used as a legal guide to determine standards and requirements; while the <strong>West</strong> <strong>Jordan</strong> Downtown<br />

Revitalization Design Guidelines, the <strong>West</strong> <strong>Jordan</strong> Downtown Revitalization Land Use Element, and the <strong>West</strong><br />

<strong>Jordan</strong> Parks, Recreation & Trails Master Plan shall be used for reference purposes to determine what can and<br />

cannot be accomplished within the City-Center Zone. Where there is a discrepancy in interpretation of this<br />

Part of the Code and the design and land use elements, the more restrictive language shall apply.<br />

(c) Architectural review. All proposed development within the City Center Zone shall be<br />

reviewed by the Architectural Review Committee. This committee shall have the right to evaluate the physical<br />

layout, architectural characteristics and amenities and may require changes or modifications in design to create<br />

compatibility and conformity in the variety of uses and structures within the development to insure, protect and<br />

promote<br />

the health, safety and general welfare of the citizens of the city. An Architectural Review Committee<br />

shall be comprised of one member from Planning Staff, one member from the Planning Commission, at least<br />

two members from the Downtown Revitalization Committee and one citizen from the City of <strong>West</strong> <strong>Jordan</strong>


whom is familiar with the fields of architecture and general land use planning.<br />

(Adopted by Ord. No. 06-27, 06-20-2006)<br />

PART 11. WEST SIDE PLANNING AREA – ZONING DISTRICTS<br />

Sec. <strong>89</strong>-3-1101. Purpose and intent<br />

(a) The purposes of the <strong>West</strong> Side Planning Area and the underlying zoning districts are to<br />

implement the goals and objectives of the <strong>West</strong> <strong>Jordan</strong> Comprehensive Plan to manage development through<br />

focused and site-specific planning. Specifically, the purpose of this Part is to:<br />

(1) Accomplish the purposes of the City's Comprehensive Plan for that area defined within the<br />

adopted Future Land Use Map and Zoning Map as the <strong>West</strong> Side Planning Area.<br />

(2) Provide for a classification of residential and mixed-use zoning districts and regulate land<br />

development through the implementation of those zoning districts consistent with adopted<br />

future land use designations.<br />

(3)<br />

Adopt, in concurrence with this Part, a residential density incentive program that<br />

encourages: the installation of community amenities, the preservation of open space and trail<br />

corridors, and supports other physical, social, and/or cultural activities.<br />

(4) Enhance the appearance of the City through the promotion of outstanding urban design while<br />

protecting the value of residential properties and buildings.<br />

(5) Facilitate the adequate provision of transportation, water, schools,<br />

infrastructure, utilities, and other public infrastructure.<br />

(6) Promote safe, attractive and convenient pedestrian circulation in residential and mixed-use<br />

neighborhoods and minimize conflicts between pedestrians and vehicles.<br />

(7) Provide for planned and orderly use of land that promotes creative<br />

offers a range of housing styles, sizes and prices.<br />

(Adopted by Ord. No. 06-50, 12-12-2006)<br />

development that also<br />

Sec. <strong>89</strong>-3-1102. Establishment.<br />

(a)<br />

For purposes of interpreting this Part, the following plans and maps are applicable:<br />

(1) <strong>West</strong> Side Planning Area: The boundary of the <strong>West</strong> Side Planning Area (WSPA) is defined<br />

on the City of <strong>West</strong> <strong>Jordan</strong> Future Land Use and Zoning Maps.<br />

The Future Land Use Map is to be utilized as a reference for designating specific land use<br />

types and residentia l density intensities as described in the Comprehensive General Plan and


Map. The Future Land Use Map differentiates between the existing land use categories of the<br />

eastern portions of the City and five new residential and mixed-use land use categories<br />

adopted with the <strong>West</strong> Side Planning Area. The legend of the Future Land Use Map will<br />

reference the new land use categories located in the <strong>West</strong> Side Planning Area.<br />

(2) <strong>West</strong> Side Planning Area zoning district classification: A separate zoning district<br />

classification system is to be implemented to differentiate between the residential/mixed-use<br />

zoned properties located within the <strong>West</strong> Side Planning Area and the residential areas of the<br />

City located east of 5600 <strong>West</strong>. Five zoning districts are adopted in conjunction with this Part<br />

to differentiate between the zoning districts in the <strong>West</strong> Side Planning Area and those<br />

residential zones already established in Part 2 and Part 3 of the Zoning Ordinance. All zoning<br />

districts shall be referenced by category and textually placed within each appropriate zoning<br />

boundary on the official Zoning Map.<br />

Except for the mixed-use zone, all non-residential designations located within the boundary of<br />

the <strong>West</strong> Side Planning Area shall remain unaffected as defined in this <strong>Title</strong>; wherein<br />

development upon non-residential properties shall comply with the underlying zoning district<br />

standards as covered in Chapter 3 of this Code.<br />

(Adopted by Ord. No. 06-50, 12-12-2006)<br />

Sec. <strong>89</strong>-3-1103. <strong>West</strong> Side Specific Planning Area Boundary Defined.<br />

For the purpose of this Part, the <strong>West</strong> Side Planning Area is described as an area that is approximately<br />

6,760-acres in area located between 5600 <strong>West</strong> and the western City limits, and between 6600 South and<br />

10200 South; an area more specifically defined on the official Future Land Use Map and Zoning Map of the<br />

City of <strong>West</strong> <strong>Jordan</strong>.<br />

For general reference purposes, the following map describes the boundary of the <strong>West</strong> Side<br />

Specific Planning<br />

Area:


(Adopted by Ord. No. 06-50, 12-12-2006)<br />

Sec. <strong>89</strong>-3-1104. <strong>West</strong> Side Specific Planning Area Zoning Districts.


Five distinctive zoning districts are established to specifically reflect the residential and mixed-use<br />

standards established within the boundaries of the <strong>West</strong> Side Planning Area. These zoning districts shall be<br />

applied only within the boundaries of the <strong>West</strong> Side Planning Area. The residential zoning standards and<br />

districts as defined in Part 3 – Residential Zones, adopted prior to this Part, shall not apply within the<br />

boundaries of the <strong>West</strong> Side Specific Planning Area. In addition, residential lots in the WSPA zoned and/or<br />

subdivided prior to the adoption of this Part shall follow the restrictions and standards of Part 3 – Residential<br />

Zones.<br />

Within the <strong>West</strong> Side Planning Area, residential and mixed-use zones have been implemented and<br />

categorized according to the underlying residential future land use. Density within each of the residential<br />

zoning districts in the WSPA shall be determined through a bonus density system that is detailed in<br />

§<strong>89</strong>-3-1105 of this Part.<br />

(a) VLSFR (Very Low Density, Single-Family Residential) zone. The Very Low Density,<br />

Single-Family Residential zone is established to promote and encourage large single-family residential lots, on<br />

land that is situated away from higher intensity commercial and industrial developments, and arterial and<br />

major collector right-of-ways. This zone is characterized by larger open space areas, additional landscaping,<br />

and increased setbacks. The density number for this zone ranges from 1.00 to 2.00 dwelling units per acre.<br />

(b) LSFR (Low Density, Single-Family Residential) zone. The Low Density, Single-Family<br />

Residential zone is established to promote and encourage a quality living environment, but more concentrated<br />

than the VLSFR zoning district. The intent of this zoning district is to provide for increased service efficiency<br />

of conventional single-family residential neighborhoods on land that is closer to cultural, commercial, office<br />

and/or industrial corridors or nodes. The density number for this zone ranges from 2.01 to 4.5 dwelling units<br />

per acre.<br />

(c) MFR (Medium Density, Multi-Family Residential) zone. The Medium Density, Multi-Family<br />

Residential zone is established to provide and encourage medium density residential development where<br />

residential structures can be attached or detached single-family, two-family, townhome, or multi-family in<br />

nature. This zone is intended to allow for the development of neighborhoods as a transitional buffer between<br />

commercial/industrial nodes or corridors from those uses that are lower in intensity. It is also the intent of this<br />

zone to allow for walk-able multi-family developments that are located close to busier traffic corridors. This<br />

zone shall promote the placement of residential structures in a more compact or clustered type manner, with<br />

increased open space as a buffer. The density number for this zone ranges from 4.51 to 9.00 dwelling units per<br />

acre.<br />

(d) HFR (High Density, Multi-Family Residential) zone. The High Density, Multi-Family<br />

Residential zone is established to provide and encourage an attractive setting for high-density, multi-story and<br />

multi-fa mily structures developed in a compact manner with large areas dedicated for open space. This zone is<br />

intended to be applied to areas that are adjacent to higher intensity uses such as commercial nodes and major<br />

roadways. The objective of this zone is to allow for structures with higher residential densities, located in areas<br />

convenient to shopping and employment centers, which serve economic and social demands not adequately<br />

served in lower density zones. This HFR zone shall encourage attractive, walk-able multi-family<br />

developments that provide for large amounts of open space and promote multi-modal design elements. The<br />

density number for this zone is from 9.01 to 18.00 dwelling units per acre.<br />

(e) MU (Mixed-Use) zone. The Mixed-Use zone is established to encourage urban<br />

neighborhoods that contain, small scale retail, service, and office uses with supportive high-density residential.<br />

This zone is intended to have a village character design that facilitates the creation of walk-able urban<br />

neighborhoods adjacent to commercial nodes that are multi-modal accessible. The density number maximum<br />

for this zone is 25.00 dwelling units per acre.


(Adopted by Ord. No. 06-50, 12-12-2006)<br />

Sec. <strong>89</strong>-3-1105. Permitted and Conditional Uses in the WSPA zones.<br />

(a) Uses allowed in the residential and mixed-use zones in the WSPA are listed in the following<br />

tables. Those uses ident ified with a (P) in the land use chart are “permitted” and allowed by right. Those uses<br />

identified with a (C) are “conditional” and thereby require approval by the Planning Commission. Those uses<br />

identified with an (AC) are “ administrative conditional uses” and may be approved by the Zoning<br />

Administrator. Permitted and Conditional Uses are subject to all other applicable regulations of this Chapter<br />

and Code. Uses not specifically listed in this Part shall not be allowed in the residential and mixed-use zones<br />

of the WSPA.<br />

Due to the commercial component of the MU zoning district, a separate land use chart has been<br />

created to differentiate the district from the four zones that are entirely residential in nature.<br />

(b)<br />

Residential Permitted and Conditional Land Use Chart:<br />

Legend:<br />

P = Permitted Use<br />

= Conditional Use<br />

= Administrative Conditional Use<br />

C<br />

AC<br />

Residential Permitted And Conditional<br />

Uses in the <strong>West</strong> Side Specific Planning<br />

Area<br />

Use: VLSFR LSFR MFR HFR<br />

Accessory building or structure P P P P<br />

Accessory Living Quarters**<br />

C<br />

Agriculture (parcels over 5-acres)*<br />

P<br />

Animal/fowl keeping P C C<br />

Church / place of worship C C C C<br />

Convalescent care facility P P P P<br />

Daycare, general C C C C<br />

Day care, limited P P P P<br />

Dwelling, multi-family P P<br />

Dwelling, two-family P P<br />

Dwelling, attached single-family P P P<br />

Dwelling, detached single-family P P P<br />

Golf course C C C C<br />

Home occupation, listed in Section <strong>89</strong>-6-503 AC AC AC AC<br />

Low power radio service facility C C C C<br />

Manufactured/prefabricated home ** P P P<br />

Model home P P P P<br />

Park, public or private P P P P<br />

Public Utilities, large scale C C C C<br />

Public Utilities, small scale C C C C<br />

Residential care facility for disabled/elderly persons P P P P<br />

Schools K - 12 C C C C<br />

Temporary office for real estate sales and pre-leasing P P P P<br />

* For agricultural uses in the VLSFR zone, the zoning standards of §<strong>89</strong>-3-202 are applicable, subject to the A-5<br />

requirements for permitted/conditional agricultural uses and lot/bulk standards.<br />

** Subject to meeting the improvement requirements of the WSPA Required Standards & Optional Improvement<br />

zoning criteria<br />

Density


Incentive Chart.<br />

** Accessory Living Quarters shall be conditionally permitted provided the requirements of Section <strong>89</strong>-6-119 are met.<br />

(c)<br />

Mixed-Use Permitted and Conditional Land Use Chart:<br />

Legend:<br />

P = Permitted Use<br />

= Conditional Use<br />

= Administrative Conditional Use<br />

C<br />

AC<br />

Mixed-Use Permitted And<br />

Conditional Uses in the <strong>West</strong><br />

Side Specific Planning Area<br />

Use:<br />

MU<br />

Bank, Credit Union w/o drive-through window<br />

P<br />

Bank, Credit Union w/drive-through window<br />

C<br />

Bed and Breakfast<br />

P<br />

Club or service organization<br />

C<br />

Daycare, general<br />

C<br />

Day care, limited<br />

P<br />

Dwelling, multi-family above main level<br />

P<br />

Home occupation, listed in Section <strong>89</strong>-6-503<br />

AC<br />

Low power radio service facility<br />

C<br />

Mixed-use structures, non-residential<br />

P<br />

Municipal, recreational & cultural facilities and service<br />

C<br />

Office, general and professional<br />

P<br />

Off-site parking<br />

C<br />

Park & Ride Lot<br />

P<br />

Park, public or private<br />

P<br />

Legend:<br />

P = Permitted Use<br />

C Mixed-Use Permitted And<br />

= Conditional Use AC Conditional Uses in the <strong>West</strong><br />

= Administrative Conditional Use<br />

Side Specific Planning Area<br />

Use:<br />

MU<br />

Parking structures<br />

P<br />

Personal Care Service<br />

P<br />

Personal Instruction Service<br />

C<br />

Private clubs & lodges<br />

C<br />

Produce or flower stands<br />

P<br />

Residential care facility for disabled/elderly persons<br />

P<br />

Restaurant, general<br />

P<br />

Retail establishment up to 15,000 sq. ft.<br />

P<br />

Service establishment up to 15,000 sq. ft.<br />

P<br />

Transit station structures, facilities<br />

P<br />

Utility, Minor<br />

C<br />

(Adopted by Ord. No. 06-50, 12-12-2006; Ord. No. 07-13, 04-17-2007)<br />

Sec. <strong>89</strong>-3-1106. Permitted Density and Incentive Bonuses.<br />

(a) <strong>West</strong> Side Planning Area Land Use Density. Density shall be calculated in accordance with<br />

the Land Use Density Chart below. The number of dwelling units allowed in a proposed development project<br />

is to be determined by multiplying the base density number of a development’s underlying zoning district by<br />

the net developable acreage of the development.


<strong>West</strong> Side Specific Planning Area Land Use Density Chart<br />

Base Density D.U. Maximum Density<br />

Zone<br />

Per Acre<br />

Per Acre<br />

VLSFR 1.00 2.00<br />

LSFR 2.01 4.50<br />

MFR 4.51 9.00<br />

HFR 9.01 18.00<br />

MU NA 25.00<br />

D.U.<br />

This chart shall be used to determine the base and potential maximum density of a development. If a<br />

developer selects to install specific approved amenities within the defined boundary of a development, that<br />

development then becomes eligible for increased density at such time that the developer selects to install<br />

optional improvements or amenities. The base density of a development shall be determined and secured at the<br />

time of Preliminary Development Plan approval, based on City Council approval for such density.<br />

At such time that a proposed development or Development Plan are altered or modified, density may need to<br />

be recalculated. Any modifications to a Preliminary or Final Development Plan are subject to the criteria as<br />

outlined in §<strong>89</strong>-3-1110(f) – Variations from approved plans and development standards.<br />

(b) WSPA Required Improvement & Density Incentives. A project is eligible for increased<br />

density in each of the residential zoning districts of the WSPA by complying with acceptable performance<br />

criteria. As a means of maintaining and improving the quality of life in the City and to meet the purpose and<br />

intent of the Comprehensive General Plan, the City has established criteria that shall be met for all new<br />

residential developments located within the boundaries of the WSPA. The criteria listed in the WSPA<br />

Required Improvement & Density Incentive Chart outlines the required improvements and optional incentive<br />

items for density bonus purposes for all residential developments in the WSPA:<br />

(c)<br />

WSPA Required Improvement & Density Incentive Chart:<br />

WSPA Required Standards & Optional Improvement Density Incentive Chart<br />

Trails & Open Space<br />

Weighted<br />

Amenity/Improvement<br />

Value<br />

Dedication of open space, trail corridors or “in lieu of fees” in accordance<br />

with the Comprehensive General Plan and the Parks, Recreation and Trails<br />

Master Plan<br />

Installation of enhanced open space/recreational amenities in excess of that<br />

required per City standards 22%<br />

Improvement of trail corridors and installation of trail amenities in excess of<br />

that required per City standards. 15%<br />

Dedication of additional property for trails beyond that required per City<br />

standards along creeks/washes. 15%<br />

Required vs.<br />

Optional<br />

Required<br />

Optional<br />

Optional<br />

Optional<br />

Street Design<br />

Weighted Required vs.<br />

Amenity/Improvement Value Optional<br />

Pedestrian scale and consistent, architectural street lighting<br />

Required<br />

Traffic calming design<br />

Required<br />

Street system designs<br />

Required<br />

Entryway monument or gateway feature to the subdivision/ development 10% Optional<br />

Provision of a landscape buffer on major right-of-ways 22% Optional


Smart Growth Urban Design<br />

Weighted Required vs.<br />

Amenity/Improvement<br />

Value Optional<br />

Master Planned subdivision design<br />

Required<br />

Pedestrian friend ly and walk-able neighborhood design Required<br />

Alternative load garage configuration 18% Optional<br />

Clustered subdivision design 10% Optional<br />

Building Design<br />

Amenity/Improvement<br />

Weighted<br />

Value<br />

Required vs.<br />

Optional<br />

Attractive theme-based and consistent architecture on all structures<br />

Required<br />

Installation of covered porches throughout 50% of the subdivision 14% Optional<br />

Enhanced door and window treatment 12% Optional<br />

Equal dispersion and use of high quality building materials<br />

12% Optional<br />

(The criteria listed above are further elaborated in §<strong>89</strong>-3-1107)<br />

(d) Substitute improvements and amenities. Because there may be instances where a proposed<br />

project is incapable of meeting one or several of the improvement and amenity criteria as listed in the WSPA<br />

Required Standards & Optional Improvements Density Incentive Chart, a developer may install substitute<br />

improvements; wherein the weighted value of such an improvement or amenity shall be approved by the City<br />

Council in their review of the Preliminary Development Plan. A more detailed narrative in reference to these<br />

substitute improvements and am enities is further explained in §<strong>89</strong>-3-1106 (f). Substitute improvements shall<br />

be assigned a weighted value that is consistent with, and bears the closest resemblance to an accepted amenity<br />

or improvement. (Example: A developer could transfer ownership of a school site to the City and in turn<br />

utilize the transfer area in the calculation of density. The City would then be compensated through the sell of<br />

the property to the school district).<br />

(e) Required development improv ements. In accordance with the WSPA Required Standards &<br />

Optional Improvements Density Incentive Chart, the criteria listed as “Required” are mandatory improvements<br />

and shall be interpreted as the minimum standard for all residential developments in t he WSPA. Exceptions,<br />

waivers, and density bonuses for these “Required” improvements shall not apply.<br />

(f) Optional development improvements or amenities. The criteria listed in the WSPA Required<br />

Standards & Optional Improvements Density Incentive Chart as “Optional” may be selected at the discretion<br />

of the developer as a means of both improving an overall development and qualifying for incremental density<br />

bonuses. The weighted percentage points are applied to the base density where the total allowed percentage<br />

number is multiplied by the base density to achieve a higher overall density. Though the total accrual of<br />

percentage points may exceed 100 percent, in no case can density exceed the maximum dwelling units per acre<br />

for the development’s underlying zoning district.<br />

(g) Net developable acreage calculation in the WSPA. The net developable acreage of a<br />

development shall be determined by excluding the following:<br />

(1)<br />

(2)<br />

Sensitive Hillside land with a slope gradient greater than 30%.<br />

Land that is to be dedicated for right-of-way purposes on the Future Land Use Map,<br />

designated as an arterial, collector or highway (freeway) and that is greater than 66-feet in<br />

width. Any portion of land in a right-of-way which is in excess of 66-feet in width may be<br />

reimbursed by the City upon request by a developer, but may not be calculated for density<br />

purposes. Right-of-ways that are less than 66-feet in width may be included in the calculation<br />

of density. (The optional landscape buffer as described in §<strong>89</strong>-3-1107(b)(5) may be included<br />

for purpose of calculating density.


(3) Any land that is determined to be within a primary drainage corridor (creek/wash) or<br />

wetland area.<br />

At the discretion of the City Council, land that is to be dedicated for public purposes shall either be<br />

considered for reimbursement or as an area of land eligible for the purposes of calculating density.<br />

(h) Determination and calculation of density: When the developer agrees to install certain<br />

improvements and amenities in a proposed development as detailed in the required submittal of a<br />

Development Plan, the density of a development may be increased through the following method:<br />

(1)<br />

First determine the base density.<br />

(2) Then multiply the base density number by the weighted percentage value expected for<br />

installed improvements.<br />

(3) Lastly, add the multiplied value referenced in item #2 above by the base density number in the<br />

zoning district to which the project is located. This will be the new approved density.<br />

(Example: A development’s underlying zone is LSFR with a base density of 2.01. Since the<br />

developer selects to install an entryway monument worth 10 percentage points, the base<br />

density can be increased by 10% ; so (2.01 x .10 = .201); (2.01 + .201 = 2.21). The new base<br />

density is now equals 2.21 d.u. per acre.)<br />

For the purpose of determining density, all calculations shall be rounded to the nearest hundredth.<br />

(i) Granting of density in the WSPA: Final density shall be determined by the City Council at the<br />

time of Preliminary Development Plan approval. Density in the WSPA is directly tied to the weighted<br />

percentage values expected for installed improvements as listed in the WSPA Required Standards & Optional<br />

Improvements Density Incentive Chart. Dwelling unit density shall never exceed the maximum for the<br />

development’s underlying zoning district regardless of the amount of density bonus awards granted.<br />

(Example: Maximum allowable density for the MFR zoning district is 9.00 dwelling units per acre per the<br />

density chart - §<strong>89</strong>-3-1106(a)).<br />

(Adopted by Ord. No. 06-50, 12-12-2006)<br />

Sec. <strong>89</strong>-3-1107. Narrative of the Required Improvement & Density Incentive Chart.<br />

The following information is intended to clarify the intent and meaning of the criteria listed in the<br />

Required Improvement & Density Incentive Chart, while also listing the allotment of percentage points for<br />

each of the criteria. The criteria listed below are listed in the same order as those found in the WSPA Required<br />

Standards & Optional Improvements Density Incentive Chart.<br />

(a)<br />

Trails and Open Space:<br />

(1) Dedication of open space, trail corridors or “in lieu of fees” in accordance with the<br />

Comprehensive General Plan and the Parks, Recreation and Trails Master Plan.<br />

a. Open Space Criterion Explanation: All residential developments shall provide open<br />

space at an amount equal to at least 20% of the net area of land within the boundaries<br />

of the project area. The method in which open space is dedicated shall be determined<br />

at the time of review and approval of the Preliminary Development Plan.


For the purpose of interpreting this Part, net open space shall be determined in the<br />

same manner as defined in §<strong>89</strong>-3-1106(g).<br />

1. Location of open space: The location of open space shall be consistent with<br />

the Parks, Recreation & Trails Master Plan. Required open space areas shall<br />

be as contiguous as feasibly possible and not a collection of remnants or small<br />

pocket parks. All residential development in the WSPA shall be designed so<br />

that the majority of residential lots or units in the development abut, or are<br />

near (i.e. centrally placed), an open space area.<br />

2. Acceptance and dedication of open space: Depending on the location and<br />

type of development, the City shall accept open space through any of the<br />

following methods:<br />

(i)<br />

Cash in lieu of dedication: The City may consider cash payment in<br />

lieu of land dedication based on the need for dedicated open space<br />

within a development’s boundaries versus outside its boundaries.<br />

Consideration of cash payments in lieu of land dedication shall be<br />

determined early in the development process. The goal of the City is<br />

to locate and improve open space areas in accordance with the<br />

adopted <strong>West</strong> Side Specific Area Plan, and not particularly within the<br />

boundaries of every development.<br />

The value of cash in lieu of land dedication shall be based on a<br />

current appraisal of the estimated value of the unimproved land.<br />

Such payment shall be used toward future park or open space<br />

acquisition and development by the City.<br />

(ii)<br />

(iii)<br />

Acceptance of open space in common areas: Common area open<br />

spaces within a project shall not be accepted by the City Council until<br />

such time that the development is processed and approved as a<br />

Planned Development, Condominium Project, or as a multi-family<br />

development. Such common areas shall be declared as “Common<br />

Open Space” on the subdivision or condo plat, or on the final site<br />

plan of a multi-family complex. Included with this declaration, a<br />

homeowner’s organization shall be formed for maintenance<br />

purposes, and a Declaration of Covenants shall be recorded with the<br />

County Recorder’s Office which states the rules and regulations for<br />

the maintenance and up-keep of the open space areas.<br />

Outright dedication of land within the boundaries of the subdivision<br />

or development: In some locations in the WSPA, it may be necessary<br />

to designate and set aside property for future park purposes within<br />

the developments boundaries. Because of this, a developer may be<br />

required to dedicate 20% of the net developable land located within<br />

the project area directly to the City. The determination of the<br />

installation of reimbursement costs, if any, for the any<br />

improvements, shall be made by the City Council through review of a<br />

required Development Agreement.<br />

3. Open space exclusions: Land that cannot be included in the 20% open space<br />

calculation is the same as those areas that cannot be included toward overall


density calculations, listed in §<strong>89</strong>-3-1105(g) of this Part.<br />

The inclusion of above-ground stormwater facilities (detention or retention<br />

basins) for open space calculation is not permitted unless the facility is<br />

determined by the City to be functional as an “active” open space amenity<br />

area. Open space design and location generally shall be kept separate and<br />

independent of drainage design and location.<br />

Yard areas within lots and park strips shall not be counted toward meeting the<br />

minimum open space calculations or requirements.<br />

b. Trails Criterion Ex planation: Required only on development sites that are<br />

adjacent to areas designated on the Future Land Use Map as Parks and Open Space<br />

land, or land that is necessary for proposed trail development.<br />

1. Barney’s Wash Creek, Multi-Use/Maintenance Trail: Along with the<br />

primary drainage corridor, 50-feet of property shall be dedicated along both<br />

sides of the top of bank. The multi-use trail/maintenance corridor, from the<br />

top of the bank of the creek corridor, shall be a maximum of 50-feet wide<br />

along both sides, or a minimum of 100-feet in width as measured from the<br />

center line of the creek. The multi-use/maintenance trail shall be<br />

hard-surfaced and have a minimum width of 12-feet with a minimum vertical<br />

clearance of 10-feet and a minimum 2-foot graded path on either side. A<br />

split-rail or wrought iron fence shall be located at either side of the dedication<br />

area and shall be no greater than 6-feet in height. The multi-use/maintenance<br />

trail shall be located on the south side of the<br />

creek.


2. Clay Hollow Wash, Multi-Use/Maintenance/Equestrian Trail: In addition to<br />

the primary drainage corridor, 50-feet of property shall be dedicated along<br />

both sides of the top of bank or a minimum of 100-feet in width as measured<br />

from the center line of the creek. The multi-use/maintenance trail shall be<br />

hard-surfaced and have a minimum width of 12-feet with a minimum vertical<br />

clearance of 10-feet and a minimum of 2-feet graded path on either side. The<br />

equestrian trail shall be a minimum of 10-feet in width and may be placed on<br />

either side of the bank, where if the equestrian trail is located on the same side<br />

as the multi-use trail, a minimum 4.5-foot buffer shall separate the multi-use<br />

and equestrian trails. If the equestrian trail is on the opposite side of the<br />

multi-use trail, the equestrian trail shall be located at least 10-feet from the<br />

top of the bank. A split-rail or wrought iron fence shall be located at the side<br />

of the dedication area and shall be no greater than 6-feet<br />

in height. The<br />

multi-use/maintenance trail shall be located on the south side of the creek.


Criterion Applicability: Required development improvement(s).<br />

(2) Installation of enhanced open space/recreational amenities in excess of that required per City<br />

standards.<br />

Criterion Explanation: A developer may elect to install open space and recreational<br />

amenities/facilities to obtain density bonus awards. Open space and recreational<br />

amenities/facilities may be installed in common open space areas within the boundaries of a<br />

development, or provided within dedicated park or open space land outside the boundaries of<br />

the subdivision. Percentage points shall be awarded based on the type and size of amenity<br />

being provided. The tables below shall be used to determine the value of each installed<br />

amenity within a development:<br />

Active open space amenities table:<br />

Active Open Space Amenity/Facility<br />

Value<br />

Swimming Pool 2%<br />

Tennis Court 2%<br />

Fitness trail stations 1%<br />

Playground w/equipment 1%<br />

Tot lot 1%<br />

Community garden 2%


Picnic Area w/covered pavilion, gazebo, tables,<br />

benches, etc. 2%<br />

Playing field (baseball, soccer, etc.) 2%<br />

Forecourt w/seating area 2%<br />

Passive open space amenities table:<br />

Passive Open Space Amenity/Facility<br />

Value<br />

Common Green 1%<br />

Courtyards 2%<br />

Landscaped buffer, island, or median 2%<br />

Greenbelt 2%<br />

Common landscaped garden 2%<br />

Pond 3%<br />

Forecourt w/o seating area 1%<br />

Open space maintenance responsibilities shall be reflected in the Development Plan and<br />

determined by the City Council in their review of the plan. If an active or passive open space<br />

area is privately owned, the area shall be declared as such on the Subdivision or Condo plat, or<br />

on the final site plan of a multi-family complex development. Included with this declaration,<br />

a homeowner’s organization shall be formed for maintenance purposes, and a Declaration of<br />

Covenants shall be recorded with the County Recorder’s Office which states the rules and<br />

regulations for the maintenance and up-keep of the open space areas.<br />

The City may accept open space amenities/facilities within City dedicated trail corridors,<br />

master planned parks, or other open spaces. The City may also accept facilities for service<br />

purposes such as restrooms and drinking fountains, which shall be designed to minimize the<br />

overall maintenance and operation costs. The City Council shall determine the overall density<br />

bonus points for such service facilities at the time of development review.<br />

The active and passive amenity tables above are not all inclusive. The City Council may allow<br />

density bonus points for amenities not listed herein; wherein the total number of awarded<br />

bonus points shall be determined at the time of Preliminary Development Plan approval.<br />

The installation of open space amenities shall be completed upon acceptance of other required<br />

public improvements in the development. If the development has no public improvements,<br />

the open space/recreational amenity shall be completed upon issuance of 50% of the building<br />

permits within the development. The completion of an open space amenity shall be completed<br />

upon issuance of 100% of the building permits on a given development site or phase<br />

containing the amenity. All off and on-site amenities/facilities shall be explained in detail<br />

within the Development Plan and/or Development Agreement. All amenities/ facilities being<br />

proposed for the purpose of obtaining density bonus awards shall be bonded in the amount that<br />

is equal to the improvement’s value.<br />

Criterion Applicability: A typical project will rarely provide for all amenities as listed above,<br />

which is the reason that the weighted values in the amenity table exceed the maximum allotted<br />

percentage point allowed for this category. The maximum allowed percentage point for<br />

density bonus calculation in this category is 22%; however, the installation of<br />

amenities/facilities in excess of that listed in the amenity chart is permissible and endorsed.


(3) Improvement of trail corridors and installation of trail amenities in excess of that required per<br />

City standards.<br />

Criterion Explanation: As a density bonus incentive, a developer may install amenities to<br />

enhance dedicated trail corridors. Qualifying amenities for density bonus purposes shall meet<br />

minimu m installation requirements. The list below provides information as to those amenities<br />

that are acceptable for density bonus calculation, also indicating the minimum number of<br />

amenities that must be installed, and at what interval along a trail corridor is acceptable<br />

placement for such amenities.<br />

a. Installation of landscaping/vegetation and irrigation within dedicated trail corridors.<br />

Acceptable landscaping includes: the installation of 1 tree every 25 linear feet of trail,<br />

and 1 shrub, bush or perennial flower every 2 linear feet of trail (grouping or<br />

clustering is permissible and encouraged). All installed trees and shrubs shall be<br />

water-conserving species that can withstand dry conditions once established. The<br />

plant list within the “Water-Wise Plants for Salt Lake City” is designated by <strong>West</strong><br />

<strong>Jordan</strong> City as the primary reference for determining qualifying plants. Acceptable<br />

irrigation systems shall meet the Irrigations Standards outlined in §<strong>89</strong>-6-703(b) of this<br />

<strong>Title</strong>. (4% points)<br />

b. Installation of 1 bench every 1000-feet. (1% point)<br />

c. Installation of 1 trash receptacle every 1000-feet. (1% point)<br />

d.<br />

Installation of a split rail/wrought iron, wood, or vinyl fence that is 4 to 6-feet in<br />

height located at the side of the dedication area (4% points)<br />

Criterion Applicability: Optional development improvement(s) worth a maximum of 15<br />

percentage points. Partial percentage points may be awarded based on the number and type of<br />

installed trail amenity.<br />

(4) Dedication of additional property for trails beyond that required per City standards along<br />

Creeks/Washes.<br />

Criterion Explanation: A developer may improve and dedicate additional property along a<br />

both sides of a creek/wash for the enhancement of a trail corridor as listed in the<br />

Comprehensive General Plan necessary for proposed trail development. To be eligible for a<br />

density bonus, a minimum of 12-feet and a maximum of 25-feet of additional land shall be<br />

dedicated beyond the width of the required dedication area (150-feet) of the trail/maintenance<br />

corridor.<br />

Criterion Applicability: Optional development improvement worth up to 15 percentage<br />

points. Partial percentage points may be awarded by the City Council dependant on the length<br />

and amount of additional property being dedicated.<br />

(b)<br />

(1)<br />

Street Design<br />

Pedestrian scale and consistent, architectural street lighting.<br />

Criterion Explanation: Consistent street lighting shall be installed that is pedestrian scaled,<br />

more architecturally detailed, and enjoyable from the pedestrian’s perspective. Pedestrian<br />

scaled street lighting shall be installed as part of all residential developments, and located in


the park strip of public or private right-of-ways. The style of pole and fixture shall be<br />

determined by the City Council at the time of review and approval of the Development Plan.<br />

The description of the style of pole and fixture, its location throughout the development, and<br />

maintenance responsibilities shall be explained in detail in the Development Plan. For<br />

consistency purposes, the following minimum standards apply to all local-street pedestrian<br />

lights:<br />

a. All street light poles (inclusive of an ornamental concrete or metal integrated base),<br />

located on local streets and within multi-family projects shall be no taller than<br />

12-feet in height measured from grade to top of the pole (non-inclusive of the light<br />

fixture).<br />

b. All street lights located on local-streets and within multi-family projects shall be<br />

located within the park strip or along walking paths. The placement of street lights<br />

may be staggered or opposite location patterns with the maximum spacing between<br />

each light being no less than 75-feet and no greater than 150-feet.<br />

c. Up-light limiting shields shall be required on all lights to minimize up-lighting, glare,<br />

and light pollution.<br />

d.<br />

e.<br />

The light pole shall have an aluminum shaft with a fluted finish. Concrete, vinyl or<br />

fibergla ss poles are prohibited.<br />

The color, type and style of pole and fixture shall be reviewed and approved by the<br />

City Council at the time of approval of the Development Plan, Site Plan, and/or the<br />

Subdivision Plat.<br />

Criterion Applicability: Required development improvement.<br />

(2) Street system design.<br />

Criterion Explanation: Street systems should be designed to promote ease of navigation,<br />

safety, walk-ability and continuity. Street systems should be continuous, direct and<br />

understandable to both the pedestrian and driver of automobiles.<br />

N ew residential developments in the WSPA shall be designed with street system patterns that<br />

are connec tive, and that enable a development to link together as a seamless network.<br />

Connected street patterns in residential developments shall be in a modified grid, curvilinear,<br />

radial, or any other style that provides for internal connection and external linkage.<br />

Cul-de- sacs and dead-ending curvilinear streets disconnect street system networks,<br />

discourage walking, disrupt continuity, and make vehicles/ pedestrians undergo circuitous<br />

routes in order to reach destinations. Because of this, no more than 15% of all lots in a single<br />

development shall be located on a cul-de-sac or dead-ending curvilinear street. This<br />

percentage is calculated by adding the total length of local street right-of-ways in the proposed<br />

development; wherein for the purpose of this Part, a cul-de-sac shall be measured from the<br />

curb-line of the intersecting street to the furthest point of the tangent of the cul-de-sac.<br />

Criterion Applicability:<br />

Required development improvement.<br />

(3) Traffic calming devices.


Criterion Explanation: Traffic calming devises shall be required on all new public or private<br />

residential streets in the WSPA. The number and type of traffic calming device(s) installed<br />

shall be determined by: (1) the size of the development; (2) the number of intersections; (3)<br />

the intensity of traffic flow expected based on a required traffic study; and/or, (4) as<br />

determined as being necessary by the Traffic Engineer for safety purposes.<br />

a. Intersection traffic calming: At a minimum, one of the following types of traffic<br />

calming devices shall be installed at each “T” and 4-way intersections:<br />

1. bulb-outs<br />

2. round-a-bout or traffic circle<br />

3. raised intersection or raised patterned walkways<br />

4. forced-turn islands or “pork chop” islands<br />

b. General traffic calming: At a minimum, one of the following types of traffic calming<br />

devices shall be installed on local street s that have a linear length between a 4-way or<br />

T-intersection in excess of 400-feet.<br />

1. raised speed hump or speed table<br />

2. choker<br />

3. chicane<br />

4. lateral shift<br />

5. landscapes entryway medians (gateway)


Criterion Applicability: Required development improvement(s). The Development Plan<br />

shall indicate the number, type, and placement of the proposed traffic calming device(s) in a<br />

new residential development. The Development Plan shall also provide a detail of each type<br />

of traffic calming device to be utilized in the development; wherein, the plan shall also<br />

indicate who is responsible for maintenance.<br />

(4) Entryway monuments or gateway feature to the subdivision/development.<br />

Criterion Explanation: Entryway monument(s) or ornamental gateway features are<br />

encouraged on all new residential and mixed-use developments in the WSPA at each point of<br />

entry of a subdivision or development from an arterial, major collector, minor collector<br />

right-of-way. The style, material, height and placement of all monuments or gateway features<br />

shall be approved by the City Council in their review of the Development Plan.<br />

Criterion Applicability:<br />

No partial points.<br />

Optional development improvement worth 10% percentage points.<br />

(5) Provision of a landscape buffer on major right-of-ways, eliminating double-fronting lots.<br />

Criterion Explanation: To eliminate double-fronting lots and long incongruent walls,<br />

subdivisions or developments that abut either an arterial or major collector right-of-way may<br />

orient the frontage of the development or lots so as to face the arterial or collector provided<br />

that the lots or development are accessed from an internal street, and that a minimum 32-foot<br />

landscaped berm and buffer is installed between the internal street and the arterial or collector.<br />

The landscape strip, if used, should be bermed to a height not to exceed 4-feet at the apex, and<br />

also not exceed a 4:1 slope on either side of the apex. All landscaping installed within this<br />

landscape buffer shall be in accordance with §<strong>89</strong>-6-706 – Park strips and streetscapes of this<br />

<strong>Title</strong>. Upon approval by the City Council, the landscape buffer may act as an on-site detention<br />

pond for a development rather than a berm.<br />

The property included in the landscape buffer area may be included toward the calculation of<br />

density; wherein also, additional density bonuses are available based upon the total amount of<br />

linear frontage of the buffer installed along a collector or arterial right-of-way. In selecting<br />

this criterion, a developer will be allowed to cluster the lots in the development. Maintenance<br />

responsibilities shall be determined by the City Council as suggested in the Preliminary<br />

Development Plan.<br />

The total area included in the landscape buffer may be included toward<br />

open space


calculations if the area is not to be dedicated to the City (i.e. a Condominium or a Planned<br />

Development, where maintenance of the buffer is under private control and not the City’s<br />

responsibility).<br />

Criterion Applicability: Optional development improvement worth a maximum of 22<br />

percentage points. Points shall be awarded based upon the total amount of linear frontage<br />

along a collector or arterial right-of-way. For every 100-feet of linear frontage along a<br />

collector or arterial right-of-way, 1 percentage point shall be awarded; however, acceptance of<br />

these landscape buffers are subject to City Council approval.<br />

(c)<br />

Smart Growth Urban Design<br />

(1) Master Planned subdivision design.<br />

C riterion Explanation: All residential developments shall be master planned. A developer<br />

shall be requ ired to submit a Conceptual, Preliminary and Final Development Plan to the City<br />

for Planning Commission and City Council review and approval.<br />

Criterion Applicability: Except for developments with an overall land area that is less than<br />

2-acres in size or that will have less that 10 lots, all new residential developments shall be<br />

required to be master planned through review and approval of a Conceptual, Preliminary and<br />

Final Development Plan. The lot and bulk criteria as listed in §<strong>89</strong>-3-1108 shall apply for<br />

residential developments less than 2-acres in size or that have less that 10 lots.<br />

(2)<br />

Pedestrian friendly and walk-able neighborhood design.<br />

Criterion Explanation: All developments within the WSPA shall be required to meet the<br />

design criteria as listed below as a means to improve overall neighborhood design, ensure<br />

compatibility between developments, and to increase safety:<br />

a. Sidewalks: Sidewalks shall be constructed and maintained along both sides of a City<br />

dedicated or private right-of-way and shall link with trail systems or paths wherever<br />

possible to provide a continuous pedestrian network throughout the WSPA.<br />

Sidewalks shall be a minimum of 5-feet wide and shall not be closer than 5-feet to the<br />

adjacent curb on the same side of a right-of-way. Sidewalks shall be constructed in<br />

accordance with the Public Improvement Standards, Specifications, and Plans<br />

manual based on the type of street being installed.<br />

Meandering sidewalks are acceptable so long as the design of the path is constructed<br />

in an arrhythmic manner that utilizes concave and convex curves within a park strip<br />

that is at least 15-feet in width, and then shall meander between 5-feet and 10-feet<br />

from the back of curb at intervals of no less than 250-feet.<br />

b. Park strips: Park strips shall be installed and maintained along both sides of a City<br />

dedicated or private right-of-way and shall be used as a landscaped buffer between<br />

vehicular right-of-ways and pedestrian sidewalks. Park strips shall be constructed in<br />

accordance with the Public Improvement Standards, Specifications, and Plans<br />

manual based on the type of street being installed. Park strips shall be a minimum of<br />

15-feet in width when installing a meandering sidewalk.<br />

Park strip landscaping shall be installed in accordance with §<strong>89</strong>-6-706. A ll park strip<br />

landscaping in the WSPA shall be<br />

installed by the developer prior to the Certificate of


Occupancy of a residential dwelling. During the winter seasons when it may be<br />

difficult to install landscaping, a cash bond or other approved finan cial instrument<br />

shall be made with the City according to §<strong>89</strong>-1-109 (private projects) or §<strong>89</strong>-6-1202<br />

(public improvements). The cash bond or other financial instrument will be released<br />

upon the installation and inspection of all required park strip landscaping.<br />

c. Pedestrian Crossing Treatment at all street corners and intersections: Corners and<br />

intersections that are required to be installed for public dedication or private<br />

right-of-way purposes shall be required to have safe pedestrian crossings. The<br />

following pedestrian crossing treatment types are acceptable:<br />

1. Reduce vehicle pavement widths at intersections by providing “bulb-outs” at<br />

the street corners.<br />

2. Provide pavers or colored/dyed stamped concrete at crosswalk locations<br />

(corner or mid-block crosswalks).<br />

3. Install raised intersections with a grade difference of no more than 3-inches<br />

and a lip with a grade no greater than 20%.<br />

4. Install street edge treatments within “bulb outs” such as lighted bollards,<br />

landscape planters, or gateway monuments/signs.<br />

d.<br />

Pedestrian access to trailheads: Pedestrian access to trailheads are required only of<br />

sites adjacent to dedicated trails, where at least one point of public access shall be<br />

provided that links a public or private sidewalk to a dedicated City trail.<br />

Criterion Applicability:<br />

Required development improvement.<br />

(3) Alternative load garage configuration.<br />

Criteria Explanation: A developer may select to provide a variety of garage placements that<br />

min imizes vehicular influence in a neighborhood and parking aprons on the streetscape.<br />

a. Single and two-family residential, attached townhome garages: To be eligible for a<br />

density bonus award, no more than 25% of the lots in an overall development (phased<br />

or otherwise) shall have standard, front loading or a front yard/side loading garages.<br />

(See Garage Placement figure 1. and 2.)<br />

The remaining 75% of the lots in the development shall have the following:<br />

1. A semi-recessed, front load garage: The garage shall be recessed no less than<br />

6-feet from a covered porch or the main façade of the dwelling and<br />

entered from the fronting street. (See figure 3)<br />

2. Rear yard, attached or detached front load garage: The garage shall be<br />

placed in the rear yard or at least 20-feet behind the front façade line of the<br />

dwelling. The garage shall be entered from the fronting street and may be<br />

attached or detached from the dwelling. (See figure 4)<br />

3. Rear yard, side load garage: The garage shall be placed in the rear yard area,<br />

directly behind the dwelling and shall be configured on the lot so as to be<br />

reasonably concealed from pedestrian activity. The garage shall be entered<br />

from fronting street and may be attached or detached<br />

from the dwelling. (See<br />

figure 5)


4. Alley load garage: The garage shall be placed in the rear yard area, directly<br />

behind the dwelling. The garage shall only be entered from a public or<br />

private alley way and may be attached or detached from the dwelling. (See<br />

figure 6)<br />

(Figure 1) Standard front load garage<br />

(Figure 2) Front yard/side load garage<br />

(Figure 3) Semi-recessed front load garage<br />

(Figure 4) Rear yard, attached/detached<br />

front load garage<br />

(Figure 5) Rear yard, side load garage<br />

(Figure 6) Alley load garage<br />

b. Multi-family residential garages: The following is required of multi-family<br />

residential structures for density bonus purposes:


1. Garage units/carports shall not be located adjacent and/or parallel to street<br />

frontages.<br />

2. Garages configured as multi-family townhomes (row-houses) shall be rear<br />

loaded.<br />

3. Where only front loaded garages are possible, they shall be subservient to<br />

the residential structure and recessed at least one-foot from the main portion<br />

of the residence.<br />

c. Multi-family residential garage options: To meet the intent of this Part, the Planning<br />

Commission may award density bonus percentage points for the application of<br />

creative garage configurations such as:<br />

1. Inclusion of tandem parking.<br />

2. Garage below residence townhome configurations.<br />

3. Multiple side entry garages accessed from a single driveway.<br />

4. Alley accessed and alley loaded garages<br />

Criterion Applicability: Optional development improvement worth 18 percentage points<br />

total. For single and two-family residential developments, 9 percentage points shall be<br />

awarded if no more than 50% of the lots in the development have standard front load, front<br />

side load, or semi-recessed load garages. The maximum18 percentage points will be awarded<br />

for single and two-family residential developments where 75% of the lots in the development<br />

have garages that are: rear yard, attached/detached front load; rear yard, side load; or alley<br />

load.<br />

A developer will be awarded bonus density percentage points for multi-family developments<br />

based on meeting one or more of the criteria listed above, up to a maximum of 18 percentage<br />

points. The City Council shall determine the number of percentage points to be awarded<br />

based on the design and configuration of garages as displayed within the Preliminary<br />

Development Plan.<br />

(4) Clustered subdivision design.<br />

Criterion Explanation: The intent of this criterion is to allow for cluster subdivision design<br />

over conventional subdivision design, by compacting development for the purpose of<br />

preserving open space areas, sensitive lands, steep slope hillsides, and as a means of<br />

decreasing the costs associated with public improvements. Cluster subdividing allows a<br />

developer to group all potential lots into a compact cluster of smaller lots, with the remaining<br />

land area designated as open space.<br />

a. Requirements for open space preservation:<br />

1. The minimum lot sizes throughout the development shall be determined by<br />

the City Council during their review and approval of the Preliminary<br />

Development Plan; however, proposed developments with lots less than<br />

5,000 square feet in size, shall be a Planned Residential Development (PRD).


Cluster subdividing is not applicable in the Mixed-use (MU) zoning district.<br />

b. Conveyance: The ownership of the preserved open space may be<br />

held by either:<br />

1. Conveying or dedicating the land to the City, wherein the<br />

City is willing to accept the land.<br />

2. Control of the land by a homeowner’s association.<br />

Criterion Applicability: Optional development improvement worth 10 percentage points total.<br />

The calculation of density in cluster subdividing is the same as the calculation of density<br />

per §<strong>89</strong>-3-1105(f).<br />

(d) Building Design<br />

(1) Attractive, theme-based and consistent architecture features on all structures.<br />

Criterion Explanation: All new developments in the WSPA shall have a comprehensive<br />

architectural theme that places high emphasis on building design and form. Great attention<br />

shall be given with regard to building materials, window placement and proportion, roof<br />

design, garage placement, color, and variety.<br />

a.<br />

Single and two-family residential or attached town homes:<br />

1. Product variety: Though the development as a whole shall be consistent in<br />

theme, all new developments shall provide a variety of home styles. To<br />

ensure diversity, identical building elevations shall not be permitted on the<br />

same street frontage or directly across the street for a distance of no less than<br />

400-feet.<br />

2. Residential corner homes: Additional attention shall be paid to corner<br />

homes. Since corner lots face two streets, the homes on these lots shall be<br />

specifically designed to include wrap-around and consistent architecture to<br />

these visible sides. Corner homes shall continue the ornamental features and<br />

material accents of the front façade, such as extending the porch, and/or<br />

utilizing the same size windows and features as used on the front façade.<br />

3. Garages: The home rather than the garage shall be the primary emphasis of<br />

the front of a residential dwelling. Residential garages that dominate the<br />

streetscape displace the living space within the home and disconnect the<br />

residents of the home from the neighborhood and lessen “eyes on the street”.<br />

The following shall be required of all garages in residential<br />

districts in the WSPA:<br />

zoning<br />

(i)<br />

For 2-car garages that are front loading and face the street, the homes<br />

shall be designed so that garage door or doors compromise no more<br />

than 50% of the width of the front elevation. Garages built to<br />

accommodate 3 or more vehicles in non-tandem configuration shall<br />

not occupy more than 55% of the total width of the front elevation.<br />

All 3 car garages shall have a minimum off-set of no less than 2-feet


etween the main garage door(s).<br />

b. Multi-family structures: All multi-family buildings shall be designed to respect<br />

adjacent properties and the privacy of the residents by situating outdoor activity areas<br />

strategically throughout the project area. Common recreational areas shall be larger<br />

and fewer rather than smaller and more dispersed.<br />

1. Building form and character:<br />

(i)<br />

(ii)<br />

(iii)<br />

Buildings shall be designed with a balance of vertical and horizontal<br />

directional emphasis, not a primarily horizontal directional emphasis.<br />

Front building facades shall be articulated or the architectural mass<br />

broken into the appearance of multiple buildings so as to provide<br />

visual variety. Facades shall be modulated and flat wall surfaces shall<br />

be broken through modulation, fenestration or entrances at least<br />

every 10-feet on every building face.<br />

Multi-family structures greater than one-story shall clearly delineate<br />

the boundary between each floor of the structure through belt<br />

courses, cornice lines, or similar architectural detailing.<br />

2. Architecture:<br />

(i)<br />

The architectural features, materials and articulation of multi-family<br />

structures shall be continuous along all sides of the structure. From<br />

the following list, a minimum of 5 architectural features shall be<br />

included on a multi-family structure:<br />

• Cornices<br />

• Entry columns or pillars<br />

• Dormers (minimum of one dormer per dwelling unit per<br />

complex)<br />

• Balcony (at least 4-feet deep by 6-feet wide)<br />

• Decorative balcony railings<br />

• Mullion windows<br />

• Planter boxes or pot shelves<br />

• Corner trim extending from the base to the roofline<br />

c. Entrances: The main entrance of all single and two-family residential structures shall<br />

have a clear entry way extending from the public sidewalk to the front door, where the<br />

main entrance shall be oriented to the street in order to promote an active street.<br />

Architecturally enhanced, covered Porches shall be installed on at least 50% of the<br />

structures within a proposed development in order to provide a transition zone from<br />

the street to the home, and to also provide for informal socializing (per<br />

§<strong>89</strong>-3-1107(d)(2)).<br />

d. Rooflines and roof eaves:<br />

1. Rooflines: Multiple rooflines should be used on all residential structures in<br />

the WSPA with a pitch of no less than 4/12. Varied<br />

roof forms, ridge lines<br />

and pitches are encouraged to reduce the bulk appearance of a structure.


Dormers are encouraged to help break up the mass of a roof.<br />

2. Roof eaves: All residential structures should be designed with at least a<br />

16-inch roof overhang on all elevations with second or multiple elevations<br />

designed with decorative brackets, beams, or exposed rafters.<br />

e. Building height and scale: All residential developments shall be designed to maintain<br />

the scale of the entire neighborhood with respect to height, bulk, and structure size. In<br />

master planning a development, no one structure should be over powering in height<br />

or size when compared with other structures in the same development.<br />

Criterion Applicability: Required development improvement.<br />

(2) Installation of covered porches throughout 50% of the development.<br />

Criterion Explanation: All new single and two-family residential developments in the WSPA<br />

shall install front yard porches throughout 50% of the development. To meet this criterion,<br />

multi-family structures shall be designed with entrances that provide a visually distinct<br />

architectural expression.<br />

a.<br />

Single and two-family structures:<br />

1. Porches shall be at least 50 square feet in area.<br />

2. Dwellings located on a corner lot shall be designed to<br />

a porch that wraps around the side of the home.<br />

have<br />

3. All porches shall be covered and enhanced with decorative<br />

railings and porch columns.<br />

b. Multi-family structures:<br />

1. Entrances to multi-family structures shall provide at least<br />

one of the following elements:<br />

(i) Canopy (extending at least 4-feet from the building face)<br />

(ii) Portico (extending at least 4-feet from the building face)<br />

(iii)<br />

Criterion Applicability:<br />

total. No partial points.<br />

Recessed entry<br />

Optional development improvement worth 14 percentage points<br />

(3) Enhanced door and window treatment:<br />

Criteria Explanation: All residential developments in the WSPA should be designed with<br />

enhanced door and window treatment and effort should be made to select door and window<br />

types that present a pleasing façade arrangement to the public.<br />

a. Window placement: Windows should be installed on all facades of a residential<br />

structure and shall be proportionate in size to the wall face in which the window is


located. Residential building design should avoid long, monotonous, uninterrupted<br />

and windowless walls. The maximum unbroken distance between: (1) any corner of<br />

the structure and a window; and or (2) windows on any side of a residential structure<br />

is 8-feet.<br />

b. Window treatment: All windows should have framed-in wood, brick, stone, or stucco<br />

trim that is at least 4-inches in width. Windows set in vinyl or stucco without any trim<br />

is not permitted. Planter boxes, pot shelves, and/or shutters are encouraged. Shutters,<br />

when installed, shall be proportionate in size to the window they abut.<br />

c. Window style: Identifiable window mullion patterns should be installed on at least<br />

75% of the windows to meet this criterion.<br />

Encouraged window types include:<br />

1. Bay or bow windows<br />

2. Oval, octagon or wrapping corner windows<br />

3. Arched windows<br />

4. Clustered windows<br />

d. Door treatment: All front doors should be complemented with at least one sidelight,<br />

transom window, or double door. Where a transom window is not provided, a<br />

decorative clear glass or stain glass window should be included with the door.<br />

Criterion Applicability: Strongly encouraged but optional development improvement for<br />

bonus density award purposes. To be eligible for the full 12 percentage points, all design<br />

enhancements as listed in this criterion are required. No partial percentage points will be<br />

allotted for the installation of any single item as listed above.<br />

(4) Equal dispersion and use of high quality building materials.<br />

Criterion Explanation: To meet this criterion, all residential developments in the WSPA shall<br />

be designed with high quality building materials throughout the development. All sides of a<br />

structure should be designed consistently and with quality in mind.<br />

a.<br />

Materials:<br />

1. Primary materials: Primary materials for all single and two-family<br />

residential structures should incorporate a variety of durable exterior<br />

materials and finishes, such as brick, stone veneers, cement stucco or EIFS<br />

stucco, cement board siding (hardiplank/ hardiboard), or wood shingles. The<br />

use of materials such as vinyl or aluminum siding is discouraged and is not<br />

acceptable for the purpose of meeting this Part.<br />

A structure’s design features shall not be restricted to a single façade, where<br />

also, no one material may dominate any single-side of a residential structure<br />

unless specifically approved by the City Council and as indicated and<br />

approved in the Development Plan. The installation of high-quality building<br />

materials on the front façade<br />

of the home alone while downgrading the


uilding materials of the sides and rear is prohibited for density bonus<br />

purposes.<br />

When installing a brick wainscoat, the height of the wainscoat shall be at least<br />

3-feet in height for single, two-family and townhome structures, and at least<br />

4-feet in height for multi-family structures, as measured from the top of the<br />

foundation and extended (wrapped) around all sides of the structure.<br />

2. Accent/trim materials: Accent and trim materials for all single and<br />

two-family residential structures shall include real or cultured masonry<br />

materials (such as stone, brick, or cement stucco), or treated wood.<br />

Criterion Applicability: Strongly encouraged but optional development improvement for<br />

bonus density award purposes. To be eligible for the full 12 percentage points, the use of<br />

materials as listed in this criterion are required. No partial percentage points will be awarded<br />

for single material enhancements.<br />

(e) Substitute improvements and amenities not lot listed herein: The items listed as “Optional” in<br />

the WSPA Required Standards & Optional Improvements Density Incentive Chart are not intended to be<br />

entirely inclusive for there may be some design and improvement amenities, not listed herein, that meet the<br />

intent of this Part. In such instances where the developer proposes to install an improvement/ amenity which<br />

meets the intent of this Part, the City Council may consider the item for density bonus award purposes. The<br />

number of percentage points to be awarded shall be at the discretion of the City Council. At such time that an<br />

improvement/amenity is consid ered and approved for density bonus purposes, the awarded density bonus<br />

amount shall be declared in the Preliminary Development Plan.<br />

(Adopted by Ord. No. 06-50, 12-12-2006)<br />

Sec. <strong>89</strong>-3-1108. Residential lot and bulk standards in the WSPA.<br />

Residential development in the WSPA shall be designed with lots that have reduced minimum lot<br />

sizes, but where the overall project area still meets the density standards of the underlying zoning district. The<br />

planning for lots and the location of dwellings on those lots shall be achieved in a harmonious and functional<br />

manner, where the building envelope of all lots in a specific development shall be determined during the<br />

review and approval of the Development Plan (Preliminary and Final). A developer shall place emphasis on<br />

the design and form of the envisioned neighborhood versus stressing over inflexible setback, lot width and lot<br />

size requirements. The intent of the Part is to allow for greater flexibility in subdivision and site design while<br />

assuring that the character of the underlying zoning district remains intact.<br />

(a) Lot sizes: For developments with lots all greater than 5,000 square feet in size, there is no<br />

minimum lot size requirement in terms of area, width, or depth for single, two-family residential and<br />

townhomes; however, a lot must be large enough in area to meet the minimum setback requirements of the<br />

zone, which is primarily determined by dwelling type and garage placement. For developments with lots less<br />

than 5,000 square feet in size, the development shall be a Planned Residential Development (PRD), subject to<br />

both this Part and §<strong>89</strong>-3-401.<br />

Individual sites for multi-family developments shall be a minimum of 4-acres in size.<br />

(b) Building coverage: No more than 75% of a single and two-family residential or attached<br />

townhome lot shall be covered by a principle and accessory structure in the WSPA.<br />

The overall building<br />

coverage of a multi-family structure on a site shall be determined through review and approval of the<br />

Preliminary Development Plan.<br />

(c)<br />

Height: All residential structures shall be designed to maintain the scale of the entire


neighborhood with respect to height. For single and two-family residential or attached townhome structures,<br />

the overall maximum height shall be 30-feet. For multi-family structures, the maximum height of a structure<br />

shall be established by the Planning Commission through approval of the Development Plan.<br />

(d)<br />

Residential structure setback standards:<br />

Structure<br />

Single, twofamily<br />

and<br />

attached<br />

townhomes<br />

Min. front setback<br />

20' to porch or living area<br />

26' to garage<br />

10' if garage is alley load<br />

Min. corner<br />

side setback<br />

20'<br />

35' when<br />

abutting an<br />

arterial or major<br />

collector stree t<br />

Min. interior<br />

setback<br />

6'<br />

Min. rear<br />

setback<br />

20'<br />

35' when<br />

abutting an<br />

arterial or major<br />

collector street<br />

Min. frontage @ building<br />

setback<br />

56' for front load 2-car garage<br />

80' for front load 3-car garage<br />

65' for side load garage<br />

48' for alley load garage<br />

(e)<br />

Multi-family residential setback standards:<br />

(1) Multi-family dwelling developments shall be set back at least 20-feet from a<br />

dedicated or private right-of-way.<br />

(2) Multi-family dwelling developments that abut a single, two-family or attached townhome<br />

development shall be set back a minimum of 30-feet from the abutting subdivision or<br />

development’s property line.<br />

(3) Specific lot, height and bulk standards in multi-family developments shall be established by<br />

the Planning Commission through approval of the Development Plan.<br />

(Adopted by Ord. No. 06-50, 12-12-2006)<br />

Sec. <strong>89</strong>-3-1109. General residential provisions in the WSPA.<br />

(a) Parking and loading: Unless otherwise stated in this Part for incentive purposes, residential<br />

developments in the WSPA shal l comply with the provisions governing off-street parking in Chapter 6, Part 6,<br />

of this <strong>Title</strong>.<br />

(b) Landscaping: Unless otherwise stated in this Part for incentive purposes, residential<br />

developments in the WSPA shall comply with the provisions governing landscaping in Chapter 6, Part 7, of<br />

this <strong>Title</strong>.<br />

(c) Signs: Unless otherwise stated in this Part for incentive purposes, residential developments in<br />

the WSPA shall comply with the provisions governing signs in Chapter 6, Part 11, of this <strong>Title</strong>.<br />

(d) Location of boats, trailers, campers, recreational vehicles and motor homes: The keeping<br />

and storing of boats, trailers, campers, recreational vehicles and motor homes in the WSPA shall comply with<br />

the provisions governing such recreational vehicles in §<strong>89</strong>-3-307(d). Common recreational vehicle parking<br />

areas in residential subdivis ions are encouraged.<br />

(e) Fences and walls: All fences and walls in the WSPA shall be approved by the City Council<br />

through the approval of the Preliminary Development Plan. A detailed fence/wall plan showing the site<br />

placement and detail(s) of each type of fence/wall to be installed shall be clearly defined in the plan.<br />

(1) Specific fence and wall requirements:<br />

a. All<br />

fences and walls in the WSPA shall be compatible and


consistent in height and material with adjacent<br />

development(s).<br />

b. A permanent fence or wall, of a type approved by the City Council in their review of<br />

the Preliminary Development Plan, shall be required along the boundaries of a<br />

development where existing or future adjacent land uses are found to be a potential<br />

hazard or are of a differing intensity (i.e., residential abutting manufacturing).<br />

Increased landscaping and buffering may be considered as an alternative to fencing<br />

and walling where differing uses act as a common or unified development.<br />

c. Perimeter walls located directly adjacent to arterial or major collector streets<br />

(streetscape wall) shall not extend over 150 linear feet without a 2-foot horizontal<br />

variation. In no instance shall a streetscape wall be higher than 7-feet or lower than<br />

6-feet, where increased landscape buffers and/or increased setbacks shall be the<br />

determining factor of streetscape wall height. Where feasible, landscaping or<br />

ornamental rock shall be installed between the back side of a sidewalk and the<br />

horizontal relief areas of a perimeter wall. Maintenance of these areas shall be<br />

determined through approval of the Preliminary Development Plan by the City<br />

Council.<br />

d. Notwithstanding the wall and fence requirements of this Part and as approved<br />

otherwise in the Development Plan, all other fencing and screening requirements of<br />

Chapter 6, Part 8, of this <strong>Title</strong> are applicable in the WSPA.<br />

(f) Accessory structures: Accessory structures include garages, sheds, or any other subordinate<br />

structure that is clearly intended to serve the residential nature of the primary structure on the same lot.<br />

Accessory structures in the WSPA -unique zoning districts shall only be placed in conformance with Section<br />

<strong>89</strong>-6-103 unless otherwise approved as part of a Preliminary Development Plan by the City Council, with the<br />

following exceptions:<br />

(1) Barns, silos, win dmills, and other agricultural related accessory structures not used for human<br />

occupancy are not subject to any height or size restrictions if located on a minimum one (1)<br />

acre parcel<br />

in the VLSFR zoning district. However, all minimum setback requirements shall<br />

be satisfied for any such accessory structure(s) per Section <strong>89</strong>-6-103.<br />

(2) Accessory struc tures not exempted under subsection (1) above shall not exceed the height,<br />

and shall be at least 25% smaller in floor area than the permitted residential structure or<br />

structures o n the same lot.<br />

(Adopted by Ord. No. 06-50, 12-12-2006; Ord. No. 07-02, 02-06-2007)<br />

Sec. <strong>89</strong>-3-1110. Mixed -use development standards in the WSPA.<br />

The Mixed-use zoning districts are established for the purpose of creating comprehensively planned,<br />

multi-use centers located outside central business districts and transit station development areas. It is also the<br />

intent of this district to provide a more flexible approach to the comprehensive design and development of<br />

multi-use centers than the procedures and regulations applicable under the various conventional zoning<br />

categories and planned residential development zones.<br />

(a)<br />

Mixed-use framework:<br />

(1) The location and type of all mixed-uses shall be shown on the Development Plan and<br />

submitted in accordance with §<strong>89</strong>-3-1110 of this Part.


(2) Residential uses should be included in any mixed-use development and should be an integral<br />

component of the development. Housing should be achieved through a mixture of<br />

multi-family dwelling units and townhouses/ condominiums. Multi-family dwelling units<br />

may be constructed as multi-use structures where the dwelling units are located above the first<br />

floor level, or they may be constructed as a separate residential site.<br />

(b) Mixed-use density: The maximum number of dwelling units per acre in a mixed-use<br />

development is 25 dwelling units per acre.<br />

(c) Street types: U nless otherwise approved in the Preliminary Development Plan, mixed-use<br />

d evelopments in the WSPA shall comply with the provisions governing street types as outlined in §<strong>89</strong>-3-1006.<br />

(d) Streetscape: Unless otherwise approved in the Preliminary Development Plan, mixed-use<br />

developments in the WSPA shall comply with the provisions governing streetscape standards as outlined in<br />

§<strong>89</strong>-3-1007.<br />

(e) Mixed-use site development standards: Unless otherwise approved in the Preliminary<br />

Development Plan, mixed-use developments in the WSPA shall comply with the provisions governing site<br />

development standards as outlined in §<strong>89</strong>-3-1008. Mixed-use developments in the WSPA shall follow the<br />

standards and requirements of City Center-Core (CC-C) sub-district for specific site development standards.<br />

(f) Parking and loading areas: Unless otherwise approved in the Preliminary Development Plan,<br />

mixed-use developments in the WSPA shall comply with the provisions governing the standards for parking<br />

and loading areas as outlined in §<strong>89</strong>-3-1009. Mixed-use developments in the WSPA shall follow the standards<br />

and requirements of City Center-Core (CC-C) sub-district for specific parking and loading area standards.<br />

(g) Open space: Unless otherwise approved in the Preliminary Development Plan by the City<br />

Council, mixed-use developments in the WSPA shall comply with the provisions governing the open space<br />

requirements as outlined in §<strong>89</strong>-3-1010. Mixed-use developments in the WSPA shall follow the standards and<br />

requirements of City Center-Core (CC-C) sub-district for specific open space requirements and standards.<br />

(h) Screening of dumpsters and mechanical equipment, outside storage: Mixed-use<br />

developments in the WSPA shall comply with the provisions governing the screening of<br />

dumpsters/mechanical equipment and outside storage as outlined in §<strong>89</strong>-3-1011.<br />

(i)<br />

Signs:<br />

(1) Signs in the Mixed-use (MU) zoning district shall be oriented to pedestrians, rather than<br />

people in vehicles. Signs shall be artistic and bold in form and shall convey the product or<br />

service being offered without overpowering other building or business signs. Signs in the<br />

Mixed-use (MU) zone shall be limited to:<br />

a. Blade signs (projecting over the sidewalk)<br />

b. Window signs (painted on glass or hung behind window)<br />

c. Logo signs<br />

d. Wall signs<br />

e. Sandwich boards (A-frames)<br />

(2)<br />

f. Monument signs<br />

The following signs shall not be permitted in the Mixed-use (MU) zoning district:


a. Pole signs<br />

b. Billboards<br />

c. Pylon signs<br />

(3) A conceptual sign plan shall be approved by the Planning Commission through their approval<br />

of the Development Plan in all mixed-use developments.<br />

(j) Landscaping: Unless otherwise approved in the Preliminary Development Plan, mixed-use<br />

developments in the WSPA shall comply with the provisions governing landscaping in Chapter 6, Part 7, of<br />

this <strong>Title</strong>.<br />

(Adopted by Ord. No. 06-50, 12-12-2006)<br />

Sec. <strong>89</strong>-3-1111.<br />

Development Plan Process.<br />

(a) Development Plan applicability: A Development Plan shall serve as the general guide for a<br />

project and shall not vary unless reviewed and approved as permitted under the Variations from Approved<br />

Plans and Development Standards provisions of this Part. The Development Plan process shall be required in<br />

all residential and mixed-use zones in the WSPA. Developments with an overall land area that is less than<br />

2-acres in size or that will have less that 10 lots need not submit a Development Plan. In this instance however,<br />

the developer shall assume a base density calculation for the underlying zoning district and the optional<br />

improvements and amenities will not count toward bonus density awards, unless a Development Plan is<br />

submitted and approved. In order for the density bonus awards to incur, a Conceptual, Preliminary, and Final<br />

Development Plan s hall be submitted to the City.<br />

Though the submittal of a Development Plan is not required for projects less than 2-acres in size or that<br />

have less than 10 lots, all other requirements and standards of this Part shall remain applicable.<br />

(b) Review Process. The following steps shall be followed in application for a Development Plan,<br />

along with the required<br />

fees and other specific processes required by Code to complete a specific project:<br />

(1) Pre-application process: The applicant/developer shall have an initial pre-application<br />

conference with City Staff. The applicant/developer at that time shall present to the City a<br />

Conceptual Development Plan in accordance with §<strong>89</strong>-3-1110(c)(1). After the<br />

pre-application conference, the City shall prepare a report which will reference any issues,<br />

concerns, or problems with the proposal; and also explain and suggest ways in which to solve<br />

any potential problems that may arise because of the proposed project.<br />

(2) Preliminary Development Plan process: A Preliminary Development Plan shall be submitted<br />

and a report prepared by the applicant/developer indicating, in detail, the overall objective and<br />

intent of the proposed development.<br />

The City Council shall approve, deny, or modify the Preliminary Development Plan. During the<br />

approval of the Preliminary Development Plan, the City Council will determine the overall<br />

maximum density for the project based on the density ranges in the underlying zoning district,<br />

and the amount and type of amenities/improvements being proposed by the applicant/developer<br />

in the Preliminary Development Plan. The conditions of the approval, including density bonuses<br />

given, shall be valid only for the approved Preliminary Development Plan. A zoning<br />

designation shall be applied to the property indicating the maximum density allowed as<br />

approved in the Preliminary<br />

Development Plan and approved by ordinance. Any deviations,<br />

modifications, or amendments to the approved Preliminary Development Plan may necessitate<br />

a change on the Zoning Map and is subject to the Variations from Approved Plans and


Development Standards provisions of this Part.<br />

(3) Final Development Plan process: A Final Development Plan (along with application for a<br />

Subdivision or Site Plan) may be reviewed by City Staff. City Staff shall prepare a report<br />

which will reference any issues, concerns, or conditions of approval with the Final<br />

Development Plan. Once all revisions have been made and the City accepts the Final<br />

Development Plan, final approval will be granted.<br />

(c)<br />

Development Plan submittal requirements:<br />

(1) A pre-application conference shall be held with the City Staff in order for the<br />

applicant/developer to become acquainted with the Development Plan process and<br />

requirements. City Staff will give preliminary feedback on the proposed project based on the<br />

information that is presented as a result of the proposed project. To be scheduled for a<br />

pre-application conference, the applicant/developer shall submit a basic Concept<br />

Development Plan.<br />

a. Concept Development Plan. The Concept Development Plan shall<br />

include the following information:<br />

• Outline of the subject property(s)<br />

• Site acreage<br />

• General subdivision layout (if a subdivision is required)<br />

• General site plan layout (if mixed-use)<br />

• Phasing plan<br />

• Types of land use(s)<br />

• General street and pedestrian layout<br />

• General building footprints (if mixed-use)<br />

• Conceptual elevations of structures, buildings, monuments<br />

• General landscape and/or open space areas (trails, riparian corridors, equestrian<br />

and/or animal keeping areas)<br />

• Proposed parking areas<br />

• Proposed storm water detention<br />

• Flood plain boundary (if known)<br />

• Sensitive hillsides or wetlands<br />

• Density Bonuses (proposed amenity checklist completion)<br />

• Overall maximum density calculation based on proposed installation of amenities<br />

and improvements<br />

(2) Preliminary Development Plan: Following the initial pre-application conference and review<br />

of the Conceptual Development Plan, the applicant/developer shall submit a Preliminary<br />

Development Plan with an application, accompanied by any other required process<br />

information (i.e., Subdivision Plat, Site Plan, Conditional Use Permit …etc). The Preliminary<br />

Development Plan shall be a bound textual and visual report that is no greater than 8.5” x 14”<br />

in size. Architectural elevations, landscape plans, zoning maps and conceptual artists<br />

renderings of the plan shall be in color. Fifteen full copies of the plan shall be included at the<br />

time of application.<br />

The Preliminary Development Plan shall include the following information:<br />

a. Preliminary Development Plan report: The bulk of the Preliminary Development<br />

Plan shall cover the overall objective and direction of the proposed project. The plan


shall go in to full detail of the intent of the project and shall give the City a clear idea<br />

of the end product. The report shall include the following information:<br />

1. Scope: An introduction to the development, which explains the land use and<br />

zoning characteristics, the overall project area, the number of proposed<br />

dwelling units, the number of phases, and the inclusion of mixed-use areas,<br />

parks, schools, trails and special amenities.<br />

2. Location: Location explanation, explaining the overall location of the project<br />

and the location of differing proposed land uses.<br />

3. Land features: Description of the existing physical features of the land, such<br />

as the location of drainage canals, irrigation canals, flood plains, steep slopes,<br />

existing infrastructure, grade, ditches, easements … etc.<br />

4. Improvement and amenities installation: Explanation in full detail (also<br />

using visual references if possible), the intent to install development<br />

improvements and amenities in accordance with §<strong>89</strong>-3-1105 of this Part.<br />

This portion of the report shall not only list those improvements and<br />

amenities to be installed for density bonus purposes, but explanation shall<br />

also be given as to how the required development improvements and<br />

amenities will be met and to what extent.<br />

This portion of the report shall explain which development improvements<br />

and amenities are being selected for density bonus purposes by the developer;<br />

wherein, it is essential that the report explain what effort will be made to meet<br />

each specific criterion. Sin ce percen tage points will be given for density<br />

bonus purposes based on the type of improvement and amenity being<br />

installed in a development, the report shall explain:<br />

(i)<br />

(ii)<br />

(iii)<br />

(iv)<br />

Exactly how the criterion is being met<br />

The purpose of the improvement or amenity<br />

How does the improvement or amenity serve the development<br />

(outside of increasing overall density)<br />

What is it that is being installed to meet the criterion (giving the<br />

number, type, and or placement of each type of improvement or<br />

amenity feature, i.e. how many traffic calming devices?)<br />

5. Zoning regulations: Explain how the City zoning regulations apply to the<br />

proposed development, detailing that either: standard zon ing setbacks<br />

based<br />

on the type of structure will be met; or, that setbacks will be determined in<br />

review of the development and approved by the City Staff in their review of<br />

the Final Development Plan and the recording of the Subdivision plat.<br />

This portion of the report shall also explain:<br />

(i)<br />

(ii)<br />

Minimum and averag e lot area<br />

Minimum and average lot width


(iii)<br />

(iv)<br />

(v)<br />

Setback information based on garage placement<br />

Minimum living area per each proposed structure type<br />

Maximum and average height of each proposed structure type<br />

(vi) Explanation of how zoning requirements of this Part and of <strong>Title</strong> <strong>89</strong><br />

in general are being met.<br />

6. Buildings and structures: Explain in detail the number and placement of each<br />

dwelling/structure type (i.e., single-family, two-family, multi-family… etc).<br />

There shall be a direct reference on the plan to specific<br />

building types;<br />

wherein, building elevations shall be easily<br />

referenced.<br />

7. Fencing and wall: Explain all fencing/wall restrictions and or requirements<br />

for the proposed development. Indicate placement, height, type and<br />

maintenance responsibilities. An elevation of each type of proposed wall or<br />

fence is required.<br />

8. Lighting: Explain all pedestrian lighting restrictions and requirements for the<br />

proposed development. Indicate placement, height, style(s) and maintenance<br />

responsibilities. An elevation/profile of each type of proposed light, light<br />

base and fixture is required.<br />

9. Public and private use areas: Explain in detail those areas which will serve<br />

as either public or private use areas, be it for recreational, open space, park,<br />

school, public utility purposes. This portion of the report shall explain where<br />

maintenance responsibilities lie with respect to the use area.<br />

10. Landscaping: Explain in detail the proposed network of landscaping for the<br />

proposed project, identifying the location, amount and purpose of the<br />

landscaping (i.e., buffer, passive recreation… etc).<br />

11. Specification of improvements for reimbursement: Explain and specify all<br />

improvements, facilities, and amenities to be funded, constructed, and<br />

requested for City reimbursements within the development.<br />

b. Preliminary Development Plan Drawings: Accompanied with the Preliminary<br />

Development Plan report, either as appendix items or inserted throughout the report,<br />

shall be detailed renderings and drawings of the development. All drawings shall be<br />

at a suitable scale and legible for review and approval purposes. The following<br />

information shall be provided:<br />

1. The existing land use and zoning surrounding the proposed development,<br />

showing the location of all abutting structures within a 100-foot<br />

perimeter of the site, inclusive of all abutting property owner names.<br />

2.<br />

A detailed site plan with complete dimensions showing locations of all<br />

building area envelopes, structures, monuments, and gateway features. The<br />

site plan shall also indicate the proposed use of buildings and structures, lot or


parcel sizes and locations, designation of open space and trail corridors (or<br />

other special use areas), and a detailed circulation plan (inclusive of bike<br />

paths).<br />

3. Exterior design drawings for all proposed residential and mixed-use<br />

buildings, structures, monuments, and gateway features, presented as exterior<br />

perspectives or exterior elevations. All sides of every building or structure<br />

shall be presented for review and approval purposes. Example exterior<br />

elevations should be provided for all proposed structures, where also a<br />

building footprint for each lot should also be represented.<br />

4. For residential developments, the Preliminary Development Plan shall show<br />

the proposed building envelope of every lot in the subdivision inclusive of lot<br />

dimensions, building footprint, and lot area.<br />

5. Street layout system inclusive of renderings of traffic calming measures.<br />

6. Dimensioned parking layout showing the location of individual parking<br />

stalls, all ingress and egress areas, emergency lanes, medians…etc.<br />

7. The location of existing services, including: water, sanitary sewer, and storm<br />

sewer, also indicating the availability of electricity and gas.<br />

8. Copy of the Preliminary Subdivision or Condominium Plat and relevant<br />

sheets such as site grading, street dedication, street profiles, drainage areas,<br />

easements, and slopes in excess of 10%.<br />

9. Copy of a legible Preliminary Site Plan and relevant sheets<br />

such as:<br />

(i)<br />

(ii)<br />

(iii)<br />

(iv)<br />

(v)<br />

(vi)<br />

Site Plan<br />

Landscape and irrigation plan<br />

Fencing/wall plan<br />

Lighting plan<br />

Parking plan (if mixed-use)<br />

Signage plan<br />

10. Copy of a legible Preliminary Subdivision or Condominium Plat and relevant<br />

sheets such as:<br />

(i) Slope analysis map (for projects with a slope in excess of 10%)<br />

(ii)<br />

(iii)<br />

(iv)<br />

Drainage ways<br />

Roadway Plans (Traffic Impact Study)<br />

Existing public facilities/utilities


(v)<br />

Proposed public improvements<br />

(3) Final Development Plan: Following approval of the Preliminary Development Plan and all<br />

other applicable processes required therein, including the overall maximum allowable density<br />

for the development, the applicant/developer shall submit a Final Development Plan with an<br />

application, accompanied by any other required process information (i.e., Subdivision Plat,<br />

Site Plan …etc). The Final Development Plan shall be a submitted in the same format as<br />

outlined in this Part for the Preliminary Development Plan (§<strong>89</strong>-3-1110(c)(2). All submitted<br />

text and drawings shall reflect any changes, modifications, updates and references resulted<br />

from the Preliminary Development Plan, Site Plan, Subdivision/ Condominium Plat, and/or<br />

conditions of approval as set by the City Council; however, all documents attached within the<br />

plan shall be represented in final format (i.e., no references to preliminary documents).<br />

(d) Ownership at time of Application: All property subject to a Preliminary Development Plan<br />

review shall be in single or corporate ownership at the time of application, or the subject of an application filed<br />

jointly by all owners of the property.<br />

(e)<br />

Expiration of the Development Plans:<br />

(1) Preliminary Development Plan expiration: A Preliminary Development Plan shall remain<br />

valid for a period of 2-years upon receiving approval by the City Council; wherein, the<br />

allowable maximum density, derived from the approval of the Preliminary<br />

Development Plan, shall become void by resolution from the City Council. Upon expiration of<br />

the Preliminary Development Plan and the invalidation of density for the project, the density<br />

for the defined project area shall revert back to the base density for the underlying zoning<br />

district.<br />

(2) Final Development Plan expiration: A Final Development Plan shall remain valid for a<br />

period of 3-years upon receiving approval by City Staff; wherein, the allowable maximum<br />

density, derived from the approval of the Preliminary Development Plan, shall become void<br />

by resolution from the City Council. Upon expiration of the Final Development Plan and the<br />

invalidation of density for the project, the density for the defined project area shall revert back<br />

to the base density for the underlying zoning district. On multi-phased developments,<br />

substantial completion of the phases shall ensure the validity of the Final Development Plan;<br />

wherein, a phased development may continue and be considered “active” so long as the last<br />

approved phase in the development is not left dormant for more than a 3 year period.<br />

(3) Extension: One six-month extension may be granted by the Planning Commission for either<br />

the Preliminary or Final Development Plan if the applicant/developer provides adequate<br />

justification for such an extension.<br />

(f)<br />

Variations from Approved Plans and Development Standards:<br />

(1) The Zoning Administrator may allow minor variations of an approved Development Plan in<br />

accordance with §<strong>89</strong>-2-202(f) of this <strong>Title</strong>.<br />

(2) The applicant/developer shall submit a written request for a variation to the Zoning<br />

Administrator. The request shall specify the exact nature of the variation or modification<br />

request, also explaining how the variation will not affect the overall intent and purpose of the<br />

approved Development Plan.


(3) The Zoning Administrator may reject any variation request that fails to include required<br />

information. The Zoning Administrator is authorized to grant a variation upon a determination<br />

that the variation:<br />

a. Is consistent with the intent of this Part.<br />

b. Does not decrease the overall allowable maximum density as granted in the<br />

Development Plan (through a significant modification to an approved and pledged<br />

improvement and/or amenity installation).<br />

c. Does not affect an approved Preliminary or Final Site Plan.<br />

d. Does not affect an approved Preliminary or Final Subdivision or Condominium Plat.<br />

(4) Significant variations or modifications shall require that the applicant/developer apply for an<br />

amendment to the Development Plan; wherein, an application, filing fee and resubmittal of all<br />

necessary information, per §<strong>89</strong>-3-1111(c)(3) shall be required.<br />

(Adopte d by Ord. No. 06-50, 12-12-2006)<br />

CHAPTER 4. OVERLAY ZONING DISTRICTS<br />

PART 1.<br />

AIRPORT OVERLAY ZONE<br />

Sec. <strong>89</strong>-4-101.<br />

Purpose.<br />

The airport overlay zones are established to provide areas around Salt Lake Municipal Airport<br />

Number 2 which, in the interest of the public health, safety and general welfare of the City, promote and<br />

preserve the function and utility of airport and aircraft activities in appropriate areas.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-4-102.<br />

Establishment of airport overlay zones.<br />

Airport overlay zones are restrictive designations applied in addition to any other zone in this <strong>Title</strong>.<br />

The airport overlay zones are defined and established as follows:<br />

(1) Clear zone (Acl). A zone that commences at the end of and is equal to the width of the primary<br />

surface. Where the primary surface of the runway is 250 feet wide, the clear zone shall<br />

expand outward uniformly to a width of 450 feet at a horizontal distance of 1,000 feet from the<br />

primary surface, its centerline being the continuation of the centerline of the runway. Where<br />

the primary surface is 500 feet wide, the clear zone shall expand uniformly to a width of 800<br />

feet at a horizontal distance of 1,000 feet from the primary surface, its centerline being the<br />

continuation of the centerline of the runway.<br />

(2) Approach zone (Aa). A zone with inner edge coinciding with and being the same dimensions<br />

as the outer clear zone boundary. Where the outer edge of the clear zone is 450 feet the<br />

approach zone shall expand outward uniformly to a width of 1,500 feet from the primary<br />

surface, its centerline being a continuation<br />

of the centerline of the runway. Where the outer<br />

edge of the clear zone is 800 feet the approach zone shall expand outward uniformly to a width


of 2,000 feet at a horizontal distance of 5,000 feet from the primary surface, its centerline<br />

being a continuation of the centerline of the runway.<br />

(3) Noise zone (An). A zone determined by the exterior boundary of the projected airport activity<br />

noise level of 65 dB.<br />

(4) Horizontal zone (Ah). A zone, the perimeter of which, is constructed by swinging arcs of a<br />

5,000-foot radius from a point on the centerline and 200 feet beyond the end of each runway<br />

and connecting and adjacent arcs by lines tangent to those arcs.<br />

(5) Conical zone (Ac). A zone that commences at the periphery of the horizontal zone and<br />

extends outward there from a horizontal distance of 4,000 feet.<br />

(6) Designation. The airport overlay zones shall be designated on the official Zoning Map by<br />

affixing the suffixes Acl, Aa, An, Ah or Ac in parentheses after any zone designation, e.g., P-F<br />

(Ac). The regulations of the airport overlay zone shall supersede the regulations of the zones<br />

to which they are attached.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-4-103. Official airport overlay map.<br />

(a) Lands to which the zones apply. The airport overlay zones shall be applied to all land within<br />

the airport overlay zone designated on the official Zoning Map of the City.<br />

(b) Establishment of official airport overlay map. The official airport overlay map, together with<br />

all explanatory matter thereon and attached hereto, is hereby adopted by reference and declared to be a part of<br />

this <strong>Title</strong>. The official airport overlay map is based on the airport area of influence as established by Salt Lake<br />

City Corporation, owner of Salt Lake Municipal Airport No. 2, in conjunction with the Federal Aviation<br />

Administration<br />

and shall be on file in the offices of the City Recorder and the Development Services<br />

Department.<br />

(c) Rules for interpretation of airport overlay boundaries. Boundaries of airport overlay zones<br />

shall be determined by scaling distances on the official airport overlay map. Where interpretation is needed as<br />

to exact location of airport overlay zone boundaries as shown on the official airport overlay map, the Zoning<br />

Administrator shall make the necessary interpretation, subject to appeal to the Board of Adjustment as<br />

provided in this <strong>Title</strong>.<br />

(d) Warning and disclaimer of liability. This Part does not imply that areas outside the airport<br />

overlay boundaries or land uses permitted within such zones will be free from noise or hazards related to<br />

airport activities. This Part shall, therefore, not create liability on the part of the City or any officer or<br />

employee of the City for any damages that result from reliance on this part or any administrative decision<br />

lawfully made under this part.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-4-104. Permitted and conditional uses in airport overlay zones.<br />

(a) Permitted and conditional uses in airport overlay zones. Uses allowed in airport overlay<br />

zones are listed in the table below. Those uses identified as “permitted” are allowed by right provided that they<br />

comply with all other requirements of this Chapter, and all other applicable requirements of this <strong>Title</strong>. Uses<br />

identified as “conditional” must be approved by the Planning Commission pursuant to the standards and<br />

procedures for conditional uses set forth in Section <strong>89</strong>-5-404, and comply with all other applicable<br />

requirements of this <strong>Title</strong>. Uses not specifically listed in this section shall not be allowed in airport overlay


zones.<br />

LEGEND:<br />

C = Conditional Use<br />

P = Permitted Use<br />

Permitted And Conditional Uses In<br />

Airport Overlay Zones<br />

USE Acl Aa An Ah Ac<br />

Agriculture uses except as specifically regulated elsewhere C C C<br />

in this section<br />

Animal specialties devoted to raising chickens, turkeys or C P<br />

other fowl<br />

At hletic fields and playgrounds<br />

C P<br />

Building moved from another site (see section <strong>89</strong>-6-113) C C C<br />

Commercial and industrial uses resulting in large C<br />

co ncentrations of people including, but not limited to,<br />

sho pping centers, restaurants, and factories<br />

Commercial uses except as specifically regulated elsewhere C C P<br />

in this section<br />

Communication, transmission or reception towers, church C C<br />

steeples, flagpoles, and other like extensions which exceed<br />

the height of buildings allowed in unrestricted zones.<br />

Electrical power generating plants P P P<br />

Electrical power transmission lines above ground. C P P P<br />

Fairgrounds and racetracks C P<br />

Gas and oil above-ground storage and pipelines. C P P P<br />

Hotel and Motel C C C<br />

Industrial uses except as specifically regulated elsewhere in<br />

this section<br />

C P P P<br />

Large scale public utilities C C C<br />

Low power radio service facility C C C C<br />

Outdoor theaters C P<br />

Public and civic uses resulting in large concentrations of<br />

people including, but not limited to stadiums, hospitals, and<br />

open air assemblies<br />

Public and civic uses, public utilities except as specifically<br />

regulated elsewhere in this section<br />

Recreational and natural uses as allowed in unrestricted<br />

zones except as specifically regulated elsewhere in this<br />

section<br />

P<br />

P<br />

P<br />

P<br />

P<br />

C C P<br />

C C C P<br />

C C C P<br />

Residential development C P<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 06-44, 11-28-2006)<br />

Sec. <strong>89</strong>-4-105. Development standards.<br />

(a) Special use provision in Acl and Aa Overlay Zones. No activities or uses shall be permitted in<br />

Acl and Aa Overlay Zones which will:<br />

(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<br />

landing at an airport other than an FAA-approved navigational signal light or visual approach<br />

slope indicator (VASI).<br />

(2) Cause sunlight to be reflected toward an aircraft engaged in an initial straight climb following<br />

takeoff or toward an aircraft engaged in a straight final approach toward a landing at an<br />

airport.<br />

(3) Generate smoke which could attract large concentrations of birds, or which may otherwise<br />

affect safe navigation within this area.<br />

(4) Generate electrical interference that may be detrimental to the operation of an aircraft and/or<br />

airport instrumentation.<br />

(b) Acoustical treatment in the “An” Overlay Zone. Building design and construction for all<br />

hotel/motel uses in the “An” Overlay Zone shall provide for appropriate acoustical treatment to reduce noise to<br />

an acceptable level as follows:<br />

(1) Hotels and Motels. All hotel and motel developments proposed within the “An” Overlay Zone<br />

shall submit with the project site plan techniques for reducing noise levels within the dwelling<br />

units to 65 decibels, or less, for approval by the Building Official.<br />

(c) Height restrictions. No tree or structural intrusion shall be permitted within the airspace<br />

created by an upward sloping plane of one foot vertical for each foot horizontal:<br />

(1) Beginning at the end of the primary surface and continuing along the extended runway<br />

centerline a horizontal distance of 1,000 feet in the Acl overlay zone and 5,000 feet in the Aa<br />

overlay zone.<br />

(2) In the Ah overlay zone, beginning at an elevation above the airport of 150<br />

from the<br />

transitional surface plane and extending horizontally to the inner edge of the conical zone.<br />

(3) In the Ah overlay zone, beginning at the periphery of the horizontal zone and extending to a<br />

height above the airport of 350 feet.<br />

(4) All developments located within the “Acl”, “Aa”, and “Ah” Overlay Zones shall be required<br />

to execute an Avigation Easement through the Salt Lake City Department of Airports. This<br />

easement shall be recorded with the Salt Lake County Recorder and a copy of the as-recorded<br />

easement shall be provided to the City of <strong>West</strong> <strong>Jordan</strong> prior to any final project approvals<br />

being granted.<br />

(d) Area, yard and coverage regulations. Except as modified by the provisions of this part, all area, yard<br />

and coverage regulations shall be the same as for those in the unrestricted zones provided for in this <strong>Title</strong>.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 06-44, 11-28-2006)<br />

PART 2.<br />

DOWNTOWN OVERLAY ZONE<br />

Sec. <strong>89</strong>-4-201.<br />

(a)<br />

Purpose and objectives of zone.<br />

The downtown overlay zone is established to provide an environment in which property in the


traditional downtown quadrant of the City may be developed, redeveloped, or otherwise planned and<br />

revitalized with unique characteristics and qualities. The development standards of this part are supplementary<br />

to the underlying zones and are intended to provide for greater flexibility than in the underlying zones in order<br />

to revitalize property within the zone.<br />

(b) The downtown overlay zone is designed to create a pedestrian-friendly environment that will<br />

serve as a destination area in the county where people will want to come for a unique shopping, cultural,<br />

recreational, professional service and living experience. The objectives of the zone are to:<br />

(1) Implement a community-based vision of the City’s downtown area.<br />

(2) Allow greater flexibility in design, signage, landscaping, street treatments, street lighting,<br />

transportation, and overall theme.<br />

(3)<br />

Allow public/private partnering to accomplish shared goals and objectives.<br />

(4) Enhance the tax base and business attraction and retention within the overlay zone area.<br />

(5) Encoura ge a diverse mix of uses and activities which build upon the area's heritage and<br />

tradition as a commercial, civic, transit, educational, recreational and professional area.<br />

(6)<br />

Recognize and integrate the City’s contribution to the area of the Main City Park, recreational<br />

center, swimming pool, senior citizen's center, etc., into the overall plan and scheme of the<br />

zone.<br />

(7) Support a variety of development which attracts quality businesses, owners, professionals,<br />

customers, and residents.<br />

(8) Coordinate with the City’s redevelopment agency to meet agency goals and follow State laws<br />

when assistance and developmental oversight are requested or needed.<br />

(9)<br />

Maximize the value of property either through renovation, rehabilitation, demolition, new<br />

construction, or other appropriate development activities.<br />

(10) Provide for community involvement, planning, and resource management.<br />

(11) Provide for harmonious street features in the public right-of-way that will distinguish the area<br />

as unique, will create a visual Statement of entrance into the downtown, and will create a<br />

unique character and ambiance for the area.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-4-202. Establishment.<br />

The downtown overlay zone (D-O) is a restrictive designation applied in addition to any other zone<br />

established in this <strong>Title</strong> and is unique to one specific area within the City. The downtown overlay zone shall be<br />

designated on the official Zoning Map by affixing the suffix "D-O" in parentheses after any zone designation,<br />

e.g., SC-2(D-O). The regulations of the downtown overlay zone may modify or supersede the regulations of<br />

the underlying zones to which it is attached pursuant to the criteria in this part.<br />

(Enacte d by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-4-203. Use regulations.


(a) Permitted principal uses. Principal uses permitted in the downtown overlay zone are those<br />

permitted in the underlying zone.<br />

(b) Permitted accessory uses. Accessory uses permitted in the downtown overlay zone shall be<br />

the same as those permitted by the provisions of the underlying zone.<br />

(c) Conditional uses. Those uses requiring the issuance of a conditional use permit prior to their<br />

establishment shall be the same as for the underlying zone.<br />

(d)<br />

Prohibited uses. The following uses shall be prohibited in the downtown overlay zone.<br />

(1) Bail bond service.<br />

(2) Gasoline service station.<br />

(3) Pawn shop.<br />

(4) Tattoo and body-engraving service.<br />

(5) Vehicle equipment rental and sales ( except in the M-1 zone).<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-4-204. Design standards.<br />

(a) Generally. Development standards in the downtown overlay zone shall be the same as those<br />

required by the underlying zone, except as otherwise set forth in this section. The development standards<br />

described in this section shall apply in the downtown overlay zone.<br />

(b)<br />

Signs.<br />

(1) All signage along major streets shall be of a similar type and appearance to create visual<br />

distinction in the downtown overlay zone.<br />

(2) Upon review by the City Planner or his designee, a sign or signage exceeding 20 percent of the<br />

standard applicable to the underlying zone, either in height, square footage or number, may be<br />

approved.<br />

(3) Otherwise unique or nonstandard signage may also be approved subject to the issuance of a<br />

conditional use permit that meets the criteria set forth in subsection (f) of this section.<br />

(c)<br />

Lighting.<br />

(1) All street lighting along major streets shall be of the same type and appearance to create visual<br />

distinction in the downtown overlay zone.<br />

(2) All streetlights shall have brackets to mount special event and other flags and banners. The<br />

downtown action plan steering committee shall recommend the type, size and style of lighting<br />

along major streets as provided in the downtown action plan.


(3) Parking lot and business lighting may incorporate the look and theme of the lighting fixtures<br />

on the major highways.<br />

(d)<br />

Sidewalks and crosswalks.<br />

(1) All sidewalks along major streets shall be of the same type and appearance to create visual<br />

distinction in the downtown overlay zone.<br />

(2) Unique crosswalks at major intersections and in other areas within the downtown overlay<br />

zone shall be designed to visually orient drivers to the crosswalk and to the unique area that<br />

they have entered.<br />

(3) Sidewalk and crosswalk treatments shall follow the recommendations made in the downtown<br />

action plan.<br />

(e) Pedestrian treatments. Since the downtown overlay zone is designed to be pedestrian friendly<br />

in character, each development within the zone shall contain benches, trash receptacles, planters, etc., which<br />

are the same design and color in order to create visual distinction in the downtown overlay zone.<br />

(f) Modification of underlying zone development standards. The development standards of the<br />

underlying zone, other than those which relate to standards set forth in subsections (a) through (e) of this<br />

section, may be modified for a proposed development project pursuant to the issuance of a conditional use<br />

permit. Such permit shall be issued only if findings are made that the proposed project:<br />

(1) Is of a size and scope that will have a positive impact on the downtown action plan area.<br />

(2) Complies with the downtown action plan.<br />

(3) Complies with the character and goals of the historic overlay zone, if the proposed project lies<br />

within the historic overlay zone.<br />

(4) Contributes to meeting the goals of the downtown overlay zone in terms of project character,<br />

signage, and theme.<br />

(5) Complies with the goals, policies, and objectives of the General Plan.<br />

(6) Is in harmony with existing structures and development in the downtown overlay zone.<br />

(7) Will be implemented by the proponent of the project as set forth in the downtown action plan.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-4-205. City assistance.<br />

The City may enter into financial agreements to assist businesses desiring to locate within the<br />

downtown overlay zone, as provided by City ordinances. The City may also enter into financial agreements to<br />

assist property owners desiring to rebuild, renovate or remodel existing buildings or to construct new buildings<br />

within the zon e, as provided by City ordinances.<br />

Sec. <strong>89</strong>-4-301. Purpose of zone.<br />

PART 3. REDWOOD ROAD OVERLAY ZONE


(a) As one of the oldest major arterial streets in the City, historical development along Redwood<br />

Road has resulted in a wide range of land uses and zoning designations. Since it was fully improved in 1996,<br />

Redwood Road’s increased size and high traffic volume have resulted in an increased impact on properties<br />

fronting the str eet, especially those which have not been included within more recently approved site<br />

development or subdivisions.<br />

(b) Since it is in the interest of the City to allow for the reasonable development of properties<br />

along Redwood Road when such uses are in conformance with the City’s General Plan, the Redwood Road<br />

Overlay Zone is intended to increase development options for certain properties which front on Redwood<br />

Road. However, the overlay zone is only to be used where it can be shown that the increase in the intensity of<br />

use over that of the underlying zone is minimal, and that the use will not cause undue impacts on neighboring<br />

properties and residents, nor on the traffic flow of Redwood Road. These issues shall be addressed during the<br />

conditional use<br />

permit review process. It is also intended that the Redwood Road Overlay Zone will preserve<br />

existing buildings and prevent Redwood Road from being inundated with commercial strip centers.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-4-302. Establishment of Redwood Road overlay zone.<br />

The Redwood Road Overlay (RWO) Zone is established to be applied to those areas which have<br />

frontage on Redwood Road and which are not part of a residential subdivision or multifamily complex.<br />

Properties which do not front on Redwood Road may be included where it is found that the property has a<br />

direct association with a property fronting on Redwood Road and where no portion of a main building allowed<br />

as a result of the overlay zone will be located more than 300 feet from Redwood Road.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-4-303. Allowed uses.<br />

(a)<br />

(b)<br />

following uses:<br />

Permitted. Those uses listed as permitted uses in the underlying zoning district.<br />

Conditional. Those uses listed as conditional uses in the underlying zoning district and the<br />

1.<br />

2.<br />

3.<br />

4.<br />

5.<br />

Antiques (includes furniture, glassware, etc.)<br />

Apparel and accessories.<br />

Bakeries and doughnut shops.<br />

Beauty and barber services.<br />

Bicycles.<br />

19. Hardware<br />

20 Insurance agents.<br />

21. Jewelry.<br />

22. Meats and fish.<br />

23. Optical goods paper products.<br />

6. Books, stationary, art and hobby supplies. 24. Pet sales and supplies.<br />

7. Cameras and photographic supplies. 25. Photography services.<br />

8. Candy, nut, and confectionery. 26. Pressing, alteration and garment repair.<br />

9. China, glassware, and metal ware. 27 Professional services, office only, except<br />

10. Dairy products.<br />

hospitals, sanitariums, rest homes.<br />

11. Day nursery, child care centers. 28. Radio and TV repair.<br />

12. Dry goods and general merchandise.<br />

(not department stores).<br />

13. Electrical appliance repair (light).<br />

14. Electrical supplies.<br />

15. Florists.<br />

16. Fruits and vegetables.<br />

17. Gifts, novelties, etc<br />

18. Grocery stores, convenience<br />

(not supermarkets).<br />

29. Radios, television and musical instruments.<br />

30. Real estate services.<br />

31. Retail trade item food.<br />

32. Sewing machines and parts.<br />

33. Shoe repair, hat cleaning.<br />

34. Toys.<br />

35. Vacuum cleaners, parts and supplies<br />

36. Variety stores, limited price<br />

(not department stores)


37. Watch, clock, jewelry repair, engraving.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-4-304.<br />

(a)<br />

(1)<br />

Development limitations and standards.<br />

Building size.<br />

In residential districts, existing buildings may be used provided that all parking and site<br />

improvements are met. Medical and general office uses shall not exceed 5,000 square feet per<br />

building.<br />

(2) Commercial uses are limited to no more than 3,000 square feet per building except that on P-O<br />

properties located directly opposite SC-2 or similar commercial zones, a small retail center of<br />

up to 15, 000 square feet may be constructed.<br />

(3) Ex isting buildings may be expanded up to limits Stated in subsections (a)( 1) and (a)(2)<br />

provided that all setbacks, parking and site improvements can be met.<br />

(4) For commercial uses that require a new building or commercial center, a rezone to a<br />

commercial zone (SC-1, C-G or SC-2) must be obtained.<br />

(b)<br />

Height. The height is the same as the underlying zone.<br />

(c)<br />

Access.<br />

All accesses and driveways to parking areas must be a minimum of 20 feet wide.<br />

(d) Setbacks. The following setbacks shall apply to expansions of existing structures. All setback<br />

areas shall be landscaped and shall not be used for parking.<br />

(1)<br />

Commercial Uses/Buildings:<br />

Front - 10 feet<br />

Side - None except if adjacent to residential use, then ten feet<br />

Rear - 20 feet<br />

(2) General Office/Medical Uses Front - 20 feet<br />

Side - None except if adjacent to a residential use, then ten<br />

feet<br />

Rear - 20 feet<br />

(e) Landscaping. All uses in the Redwood Road Overlay Zone shall comply with the provisions<br />

governing landscaping in Chapter 6, Part 7, of this <strong>Title</strong>.<br />

(f) Parking and loading. All uses in the Redwood Road Overlay Zone shall comply with the<br />

provisions governing off-street parking in Chapter 6, Part 6, of this <strong>Title</strong>.<br />

(g). Signs. All signs in the Redwood Road Overlay Zone shall comply with the provisions<br />

governing signs in Chapter 6, Part 11, of this <strong>Title</strong>.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

PART<br />

4. HISTORIC DISTRICTS, SITES AND BUILDINGS OVERLAY ZONE


Sec. <strong>89</strong>-4-401. Purpose of part.<br />

The purpose of this part is to provide regulations for districts, sites and buildings designated as having<br />

significant historic character, interest or value as part of the development, heritage, or cultural characteristics<br />

of the City, the State or the United States.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-4-402. Roles of Development Services Department and Historic Preservation<br />

Commission.<br />

(a) The Development Services Department of the City is hereby charged with the administration<br />

and enforcement of the provisions of this part.<br />

(b) The City Historic Preservation Commission, has been established to advise the City and to aid<br />

property owners in maintaining and enhancing worthwhile historical resources of the City, as provided in<br />

Chapter 6 of <strong>Title</strong> 2 of these revised ordinances.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-26,(b), 06-22-2004)<br />

Sec. <strong>89</strong>-4-403. Designation of historic districts, sites, and buildings.<br />

(a) Designation to be based on significance. An area, neighborhood or district may be designated<br />

as a historic area or historic district; and any site, natural feature, structure or building may be designated as a<br />

landmark site or building of historic significance, if it has significant character, interest or value as part of the<br />

development, heritage, or cultural characteristics of the City, the State or the United States; and if it falls into<br />

one or more of the following categories:<br />

(1) Historical significance.<br />

a. It is the location of a significant event in the history of the City, the State or the United<br />

States;<br />

b. It is associated in a significant way with the life of a person important in the history of<br />

the City, the State or the United States; or<br />

c. It is associated in a significant way with an important aspect of the cultural, political<br />

or economic heritage of a community, the City, the State or the United States.<br />

(2) Architectural significance.<br />

a. It embodies the distinctive visible characteristics of an architectural style, period or a<br />

method of construction;<br />

b. It is an outstanding work of a designer or builder;<br />

c. It contains elements of extraordinary or unusual architectural or structural design,<br />

details, use of materials or craftsmanship; or<br />

d. It portrays the environment of a group of people in an era of history characterized by a<br />

distinctive architectural style.<br />

(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<br />

or identity of the City.<br />

(b)<br />

Procedure for designation.<br />

(1) Any person, group or association may nominate a prospective area, district, site or building for<br />

formal designation and inclusion in the City’s historic register, consistent to the provisions of<br />

Chapter 6 of <strong>Title</strong> 2 of these revised ordinances.<br />

(2) The Historic Commission shall review the nomination and make recommendations to the City<br />

Council. However, any nomination regarding the creation of a historic area or district shall<br />

also require review and recommendation to the City Council by the Planning Commission.<br />

(3) Prior to action by the City Council, a public hearing shall be held, notice of which shall be<br />

published and mailed to owners of the property proposed to be so designated at least five, but<br />

not more than 15 days, prior to the date of the hearing.<br />

(4) Following a determination of formal designation by the City Council, notice of the<br />

determination shall be mailed to the owners of property affected by the designation, together<br />

with a copy of this part and any pertinent development guidelines. Such designation shall also<br />

be entered in the City’s historic register.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-26,(b)(1)&(b)(2), 06-22-2004)<br />

Sec. <strong>89</strong>-4-404. Designated historic resources.<br />

(a) Historic areas. Historic areas shall be relatively large areas that are generally distinguished<br />

by, but not limited to, a common development, heritage or cultural characteristic.<br />

(1) The purpose of establishing historic areas is to:<br />

a. Preserve buildings and related structures of historic and architectural significance.<br />

b. Allow improvements to existing structures or new construction to be conducted<br />

without conflict and without eroding the scale and historic character of the<br />

neighborhood.<br />

c. Preserve and enhance entryways into the historic areas through design and streetscape<br />

standards.<br />

(2) A historic area may contain one or more historic districts within its boundaries and may<br />

include landmark sites and buildings of historic significance.<br />

(b) Historic districts. Historic districts shall be generally smaller and more distinctive than<br />

historic areas. Historic d istricts may include landmark sites and buildings of historic significance. Those areas<br />

that have been designated as historic districts are designated in the General Plan.<br />

(c) Landmark sites and buildings of historic significance. Landmark sites and buildings of<br />

historic significance shall be distinctive individual sites that meet the criteria of this part. Designated sites and<br />

buildings shall be listed in the City’s historic register.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-4-405. Historic development guidelines.


(a) Establishment. Guidelines for exterior design criteria shall be adopted by the Planning<br />

Commission, upon the recommendation of the Historic Commission, to aid applicants in formulating plans for<br />

development or redevelopment relating to designated historic resources.<br />

(b)<br />

Applicability. The guidelines shall apply to the following instances:<br />

(1) Rehabilitation, restoration or reconstruction of, or addition to the exterior of any improvement<br />

which constitutes all or part of a historic area, historic district, landmark site or a building of<br />

historic significance.<br />

(2) Demolition or relocation of any improvement which is all or part of a building within a<br />

historic area, historic district, landmark site or a building of historic significance.<br />

(3) New construction within a historic area or district, upon any landmark site or on the property<br />

associated with a building of historic significance.<br />

(4) Any signs placed on any building within a historic area or district, upon any landmark site, or<br />

on the property associated with any building of historic significance.<br />

(5) Any fence, wall or major landscaping elements within a historic area or district, on a landmark<br />

site, or on a lot associated with a building of historic significance.<br />

(c) Compliance with guidelines. Compliance with the adopted guidelines by any property owner<br />

shall be voluntary, except in cases where a contract of compliance has been executed by the owner of a<br />

building or site within a designated historic district, a landmark site, or a building of historic significance.<br />

(Enacte d by Ord. No. 03-40, 07-15-2003; Ord. No. 04-26. (a)&(c), 06-22-2004)<br />

Sec. <strong>89</strong>-4-406. Demolition of designated historic resources.<br />

(a) Delay. When any application is made for a demolition permit for a structure within a historic<br />

area or district, or a building of historical significance, the Zoning Administrator may delay approval of the<br />

demolition for a period of up to 30 days, in order to:<br />

(1)<br />

make a written and photographic record of the structure and site;<br />

(2)<br />

review the condition of the structure to determine the impact of the demolition to the<br />

neighborhood, and the technical feasibility of preserving the structure;<br />

(3) allow the Historic Commission to consider and make recommendations regarding the<br />

application;<br />

(4) make the owner aware of economic incentives available to rehabilitate historic resources;<br />

(5) encourage the property owner not to demolish the building until an attempt can be made to<br />

locate either suitable tenants to make the building economically viable again or to find a<br />

purchaser who is willing to acquire and rehabilitate the structure.<br />

(b) Findings. Upon findings of fact by the Historic Commission that preserving the structure is<br />

warranted and in the best interest of the City, the permit may be delayed for an additional 30 days in order to<br />

find funding or other means to compensate the applicant for purchase of the structure or for its preservation.<br />

(c)<br />

Extension. A third 30 day delay may be instituted by the City Council upon a finding from the


Historic Commission that additional time is warranted.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-26, (a)(3), (b) & (c), 06-22-2004)<br />

PART 5. HILLSIDE DEVELOPMENT OVERLAY ZONE<br />

Sec. <strong>89</strong>-4-501.<br />

Purpose<br />

(a) The provisions of this Part are enacted in order to provide standards, guidelines, and criteria,<br />

for minimizing flooding, erosion, and other environmental hazards that may result from development of<br />

sensitive hillsides in the City. In addition, these standards are intended to protect the natural scenic character<br />

of hillsides, and especially sensitive hillsides that may not be suitable for development.<br />

(b)<br />

(1)<br />

The standards, guidelines, and criteria established by this Part are further intended to:<br />

Protect the public from natural hazards of storm water runoff and erosion.<br />

(2) Minimize the threat and consequential damage of fire in hillsides areas.<br />

(3)<br />

Preserve natural features, wildlife habitat and open land.<br />

(4) Preserve public access to mountain areas and natural drainage channels.<br />

(5) Preserve and enhance visual and environmental quality.<br />

(6) Insure an adequate transportation system in hillside areas in compliance with the<br />

Transportation Master Plan for the City. Street design should, insofar as possible, be<br />

compatible with existing topography by minimizing cuts, fills or other visible scars.<br />

(7) Encourage a variety of development, designs and concepts compatible with the natural terrain<br />

of hillside areas which will preserve open land and the natural landscape.<br />

(8) Establish land use management criteria that will encourage protection of natural slopes while<br />

allowing a harmonious and satisfying residential environment.<br />

(9)<br />

Preserve and enhance the natural beauty of the City’s hillsides by encouraging the<br />

preservation of natural topographic features such as drainage corridors, streams,<br />

slopes, ridge lines, rock outcroppings, vistas, natural plant formations, trees, and<br />

similar features;<br />

(10) Encourage planning, design, and development of building sites in a manner that provides the<br />

maximum in safety and enjoyment while adapting development to, and taking advantage of,<br />

the best use of natural terrain.<br />

(c) To achieve the intent of this Part, it is required that professionals, qualified in each of the<br />

disciplines addressed herein, be utilized to stimulate creative and appropriate designs in hillside area.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-41, 10-05-2004)<br />

Sec. <strong>89</strong>-4-502.<br />

Scope and application<br />

(a)<br />

It shall be unlawful to grade, fill or excavate any land in any manner which presents an<br />

unreasonable ris k of erosion, flooding, landslide or any other unsafe condition.


(b) The provisions of this Part shall apply to all areas within a development site, which are<br />

identified on a Slope Classification Map as having consistent topography of ten percent (10%) or greater.<br />

(c) The pro visions of this Part are intended to supplement those set forth in the Subdivision<br />

Ordinance and other chapters of this <strong>Title</strong>. In the event of conflict, the more restrictive provision shall apply.<br />

(d) Detailed reports and plans are required in the following Sections of this Part which must be<br />

approved by the City be fore any construction will be permitted in designated hillside areas.<br />

(e) Development of individual residential lots located in an approved subdivision shall comply<br />

with conditions, standards, and requirements established through the subdivision approval process. Site<br />

specific plans, nece ssary to achieve the purpose of this Part, will be required for the issuance of a building<br />

permit on any residential lot or parcel.<br />

(Enacted by Ord . No. 03-40, 07-15-2003; Ord. No. 04-41, 10-05-2004)<br />

Sec. <strong>89</strong>-4-503. Required plans<br />

(a) The following reports and plans shall be prepared at the expense of the applicant and shall be<br />

submitted as par t of the preliminary subdivision or preliminary site development application. All reports and<br />

plans submitted herein, shall be prepared by persons or firms licensed or certified to practice their specialty in<br />

the State of Utah.<br />

(1) Drainag e and Erosion Control Plan. A drainage and erosion control plan shall be prepared by<br />

a professional engineer licensed by the State of Utah. The Drainage and Erosion Control plan<br />

shall be drawn to a scale of fifty feet (50’) or less per inch and include street center line data,<br />

street right-of-way widths, and bearings and distances of the project boundary. The plan shall<br />

be sufficient to determine the erosion control measures necessary to prevent soil loss during<br />

construction and after project completion. The plan shall include a storm water management<br />

plan, erosion control plan, and grading details that comply with applicable provisions of the<br />

City’s Public Improvement Standards, Specifications, and Plans manual and the Land<br />

Disturbance Design and Construction Standards manual.<br />

(2) Grading Plan. A grading plan shall be prepared by a Civil Engineer, Land Surveyor, or<br />

Landscape Architect licensed by the State of Utah. The Grading Plan shall be drawn to a scale<br />

of fifty f eet (50’) or less per inch and include street center line data, street right-of-way widths,<br />

and bearings and distances of the project boundary. The Grading Plan shall comply with<br />

applicable provisions of the City’s Public Improvement Standards, Specifications, and Plans<br />

manual, and the Land Disturbance Design and Construction Standards manual inclusive of<br />

the following information:<br />

a. Grading plans shall include a Slope Classification Map and analysis for the<br />

development site. Two maps shall be prepared. The first shall represent the<br />

pre-development slope districts areas and the second shall represent<br />

post-development slope districts areas.<br />

b. Topsoil stockpile areas shall be designated.<br />

c.<br />

Access or haul road location, treatment, and maintenance requirements shall be<br />

designated on the grading plan. If temporary haul roads are proposed, the plan shall<br />

include a description<br />

of the method for controlling erosion and dust during the period<br />

of the road’s operation and restoration of the area once hauling is completed.


d.<br />

The Plan shall include an analysis of the environmental effects of site development<br />

including effects on slope stability, soil erosion, water quality, fish and wildlife, and<br />

fire hazard.<br />

(3) Slope Classification Map means a colored contour map of a scale of not more than fifty (50’)<br />

equals one (1’) inch which classifies the nature slope in (5%) slope groupings as follows:<br />

Nature of Slope Percent of Slope Map Color<br />

Gentle 0 – 10% Uncolored<br />

Minimal 10.1 – 15% Gray<br />

Moderate 15.1 – 20% Green<br />

Significant 20.1 – 25% Yellow<br />

Excessive 25.1 – 30%<br />

Orange<br />

Severe 30% plus Red<br />

(4) Revegetation Plan. For all lots or parcels which have areas with a ten percent (10%) gradient<br />

or greater, a Revegetation Plan shall be prepared which identifies seedbed preparation,<br />

erosion control “Best Management Practices” (BMP) to be used, temporary seeding efforts,<br />

permanent seeding, mulching, Inlet sediment barriers and other items related to revegetation<br />

and erosion control. The Revegetation Plan shall include and comply with applicable<br />

provisions of the Land Disturbance Design and Construction Standards manual, inclusive of<br />

the following information:<br />

a. Location of existing vegetation and identification of plant species existing on the<br />

development site;<br />

b. The vegetation to be removed and the method of disposal. All areas of the<br />

development site cleared of natural vegetation in the course of construction shall be<br />

replanted with vegetation possessing erosion control characteristics at least equal to<br />

the natural vegetation which was removed;<br />

c. A plant schedule listing the plant species and/or seed mix(es) to be used for<br />

revegetation. Revegetation species shall be the same or similar to those plants<br />

indigenous to the site.<br />

d. New plantings shall be protected with mulch and fertilized in conjunction with a<br />

planting and watering schedule. Persons or firms having expertise in the practice of<br />

revegetation (i.e., licensed landscape architects or nurserymen) shall supervise the<br />

planning and installation of revegetation cover for the total development site.<br />

e. The Plan shall specify slope stabilization measures that will be implemented while<br />

new vegetation is being established.<br />

(5) Ge ology Report. A Geology Report shall be prepared by a Geotechnical Engineer licensed by<br />

the State of Utah. A geologic map shall accompany the report. Mapping shall reflect careful<br />

attention to the rock composition, structural elements, and surface and subsurface distribution<br />

of the earth materials exposed or inferred within both bedrock and surficial deposits. A clear<br />

distinction shall be made between observed and inferred features and/or relationships. The


Geology Report shall contain all applicable information required by the City’s Public<br />

Improvement Standards, Specifications, and Plans manual and the Land Disturbance Design<br />

and Construction Standards manual, inclusive of the following Information:<br />

a. Identification of any zones of deformation with respect to active faults and other mass<br />

movements of soil and rock. No structures or off-site improvements shall be built on<br />

any identified major or minor secondary faults.<br />

b. Identification of anomalies of the terrain or characteristics of the geological materials<br />

which would have any potential impact upon the use of the site.<br />

c. No structures or off-site improvements shall be allowed on any active landslide area.<br />

d. Problems associated with development on or near perched ground water and shallow<br />

ground water must be mitigated.<br />

e. No structures shall be allowed in any rock fall zone.<br />

f. Written recommendations for construction of proposed structures or public<br />

improvements to minimize or avoid impacts of potential geologic hazards.<br />

(6) Soil Characteristics Report. The soil report shall be prepared by a Civil Engineer specializing<br />

in soil mechanics and licensed by the State of Utah and shall be based upon adequate test<br />

borings and excavations. This report shall contain data regarding the nature, distribution, and<br />

strength of soils within the project area to a minimum depth of ten feet. The Soil<br />

Characteristics Report shall contain all applicable information required by the City’s Public<br />

Improvement Standards, Specifications, and Plans manual including, as a minimum, the<br />

following:<br />

a. Unified classification of all soils encountered on the site with an estimate of their<br />

susceptibility to erosion, liquid limit, shrink-swell potential, and general suitability<br />

for development.<br />

b. A statement as to whether or not ground water was encountered in any of the test<br />

borings and at what elevation it was encountered and an estimate of the normal<br />

highest elevation of the season high ground water table.<br />

c. The soil investigation shall recommend corrective actions intended to prevent damage<br />

to proposed structures and/or public improvements that may result from development<br />

on steep slopes.<br />

(7)<br />

Fire Protection Report. A Fire Protection Report shall be prepared to assess fire probability<br />

and potential hazards by a person or agency qualified by training and experience. Elements of<br />

the report shall include the following:<br />

a. The width and approximate location of any easement required for access of fire<br />

protection equipment;<br />

b. The width and approximate location of recommended fuel breaks on the development<br />

site;<br />

c. Approval from the <strong>West</strong> <strong>Jordan</strong> City Fire Department of proposed fire protection


measures;<br />

d. A letter from the <strong>West</strong> <strong>Jordan</strong> City Fire Department specifying recommended fire<br />

flows for the type and location of the development and the existing fire flow<br />

capability or the fire flow capability proposed to serve the project.<br />

(8) Final Site and Building Plans. For any lot or parcel with a slope greater than ten<br />

percent (10%), a final site and building plan shall be submitted with the building<br />

permit, which shall include the following:<br />

a. All property boundary measurements and dimensions.<br />

b. Building setbacks.<br />

c. Building Envelope.<br />

d. Buffer areas.<br />

e. Detailed architectural elevations of the proposed structure(s), showing<br />

all materials to be used on the exterior.<br />

f. A landscape plan indicating tree and shrub placement and its species.<br />

g. Cut and fill areas.<br />

h. Retaining walls.<br />

i. Undevelopable slopes.<br />

j. The present contours of the site in dashed lines and the proposed<br />

contours in solid lines, delineated at not more than two (2’) foot intervals.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-41, 10-05-2004)<br />

Sec. <strong>89</strong>-4-504. Hillside development standards.<br />

(a) Sensitive hillside density standards. Development sites that have an average slope of fifteen<br />

percent (15%) or greater, shall follow the density calculation and minimum lot width table below:<br />

Average Slope of<br />

Development Site<br />

Percent of net area to be<br />

deducted for calculating density***<br />

Minimum<br />

Lot Width**<br />

0 - 15% * Same as underlying zone Same as underlying zone<br />

15.01 - 20%<br />

10% plus 2% for each 1% increase of slope<br />

between 15.01% and 20 %<br />

100 feet<br />

20.01 - 25%<br />

20% plus 2% for each 1% increase of slope<br />

between 20.01% and 25%<br />

120 feet<br />

30% plus 2% for each 1% increase of slope<br />

25.01 - 30% between 25.01% and 30% 150 feet<br />

30.01% + No development allowed<br />

No development<br />

allowed<br />

* Plans and reports outlined in Section <strong>89</strong>-4-503 of this Code are required for a development site with an average<br />

slope<br />

greater than 10%.


** Minimum lot widths may be modified by the Planning Commission in the case of a Planned Development<br />

or Clustered Subdivision if the modification results in a more efficient and attractive use of the land.<br />

*** Land<br />

density.<br />

on a development site with a slope gradient greater than thirty percent (30%) cannot be included for the purpose of calculating<br />

(b) Calculation of average slope. Average slope of a development site shall be determined by<br />

computer generated slope calculation programs using contour data found through elevation surveys. Surface<br />

values for deter mining average slope shall be determined at two foot (2’) contour intervals.<br />

(1) Buildable area. Building and accessory structures shall be located only upon those areas<br />

constituting buildable land, which area shall be fully contiguous and at least 2,500 square feet<br />

in size, and shall have a minimum dimension, both width and length, of fifty feet (50’).<br />

(2) Location of a building or accessory structure shall be setback a minimum of ten<br />

feet (10’) and an average of twenty feet (20’) from a contiguous hillside slope of<br />

thirty percent (30%) or greater.<br />

(c) Clustering of building sites. Clustering of development is recommended and may be required<br />

by the Planning Commission in order to achieve the objectives of this Part. Whether proposed by an applicant<br />

or required by the Planning Commission, minimum lot size requirements may be reduced upon findings by the<br />

Planning Commission that:<br />

(1) the clustering proposal meets all other applicable requirements of this Part and other<br />

applicable development standards;<br />

(2) the clustering proposal, compared with a more traditional site development plan, provides<br />

better solutions for achieving the purposes of this Part by, among other things, providing more<br />

open space, preserving existing trees and vegetation coverage, and preserving sensitive<br />

environmental areas such as stream corridors, slide areas, wetlands and steep slopes;<br />

(3) the clustering proposal will have no significant adverse impact on adjacent properties or<br />

development, or, if such impacts would result, the applicant has agreed to implement<br />

appropriate mitigation measures such as landscaping, screening, and other design solutions to<br />

buffer and protect adjacent properties from the proposed clustered development; and<br />

(4) The architecture, height, building materials, building colors, and other design features of the<br />

development blend with the surrounding natural landscape and are compatible with adjacent<br />

properties or development.<br />

(d) Prohibition of development on slopes greater than 30%. No development, including clearing,<br />

excavation, and grading shall be allowed on slopes greater than thirty percent (30%). Slopes greater than<br />

thirty percent (30%) shall be considered undevelopable area on the final site and building plan.<br />

(e)<br />

Prohibition of development on designated ridge lines.<br />

(1) No development shall intrude into any ridge line protection area that has been identified and<br />

designated by the City during the development review and approval process.<br />

(2) For the purposes of this chapter, designated ridgeline protection areas shall consist of<br />

prominent ridge lines that are highly visible from public rights-of-way or trails, and shall<br />

include the crest of any designated hill or slope, plus the land located within one-hundred feet<br />

(100’) horizontally (map distance) on either side of the crest.


(f) Grading standards. Buildings and other improvements should be designed to fit the site and<br />

to leave natural massing, topography, and natural features of the landscape intact. The following standards are<br />

established in order to help meet this goal.<br />

(1) Grading permit required. No grading, excavation, or tree/vegetation removal shall be<br />

permitted, whether to provide for a building site, for on-site utilities or services, or for any<br />

roads or driveways, prior to issuance of a grading permit issued by the City.<br />

(2) Cutting to create benches. Cutting and grading to create benches or pads for larger building<br />

sites shall be avoided to the maximum extent feasible.<br />

(3) Limits on changing natural grade. The original, natural grade of a lot shall not be raised or<br />

lowered more than four feet at any point for construction of any structure or improvement,<br />

except:<br />

a. the site’s original grade may be raised or lowered six feet if a retaining wall is used to<br />

reduce the steepness of man-made slopes, provided that the retaining wall complies<br />

with the provisions of Section <strong>89</strong>-4-504(f)(7) below.<br />

b. the site’s original grade may be raised or lowered more than six feet with terracing, as<br />

specified in <strong>89</strong>-4-704(f)(7) below.<br />

(4) Grading for accessory building pads. Grading to create separate building pads for accessory<br />

buildings and structures other than garages, such as tennis courts, swimming pools,<br />

outbuildings, and similar facilities is prohibited on natural slopes over twenty percent.<br />

(5) Grading for road construction.<br />

a. Topsoil on proposed road rights-of-way shall be removed prior to establishing<br />

finished road grades, shall be stockpiled at the location identified on the approved<br />

grading plan for use in revegetation, and shall redistributed on disturbed areas prior to<br />

revegetation.<br />

b. Excess cut material resulting from road construction or utility installation shall be<br />

removed from the site.<br />

c. Where permanent roads or roadbeds are to be used during construction and storm<br />

water inlets have already been installed, such inlets shall be protected to prevent<br />

sediment from entering the storm drainage system.<br />

(6) Limits on graded or filled man-made slopes.<br />

a. The grade of man-made slopes shall not generally exceed 25 percent or.<br />

b. In no case shall the grade of cut or fill slopes exceed 50 percent unless it is<br />

substantiated, on the basis of a site investigation and submittal of a soils engineering<br />

or geotechnical report prepared and certified by a qualified professional, that a cut at a<br />

steeper slope will be stable and will not create a hazard to public or private property.<br />

c. All cut, filled, and graded slopes shall be re-contoured to blend into the natural grade<br />

of surrounding land.


d. All permanent fills shall be constructed and stabilized to prevent settlement, sliding,<br />

or erosion damage to streets, curbs, gutters, sidewalks, or buildings.<br />

(7) Terracing and retaining walls. Use of retaining walls is encouraged to reduce the steepness of<br />

man-made slopes and to provide planting pockets conducive to re-vegetation.<br />

a. Retaining walls may be permitted to support steep slopes but shall not exceed six feet<br />

in height measured from finished grade.<br />

b. Terracing. Terracing shall be limited to two tiers. The width of the terrace between<br />

any two four-foot vertical retaining walls shall be at least three feet. Retaining walls<br />

higher than four feet shall be separated from any other retaining wall by a minimum<br />

distance of five horizontal feet. Terraces created between retaining walls shall be<br />

permanently landscaped or re-vegetated.<br />

c. Retaining walls shall be faced with stone or earth-colored materials similar to the<br />

surrounding natural landscape.<br />

(8)<br />

Repair of disturbed areas. All repair measures for disturbed areas shall be made not later than<br />

30 days after the disturbance is made, except revegetation which shall take place at the earliest<br />

planting season thereafter.<br />

(9) Stabilization and maintenance.<br />

a. The developer is responsible for: interim stabilization of all disturbed areas during<br />

construction to prevent off-site erosion; final stabilization once construction is<br />

completed; and may be held responsible for slope failure at any time if it can be<br />

shown that such failure was the result of defective workmanship or failure to follow<br />

approved plans.<br />

b. Owners of individual lots and/or common areas are responsible for stabilization and<br />

erosion control of sites during construction on the site and for ongoing maintenance<br />

upon taking possession of such lots or common areas.<br />

(g) Preservation of existing vegetation. Existing concentrations of significant trees and<br />

vegetation s hall be preserved. For the purposes of this Part, “significant trees and vegetation” means<br />

large trees of six-inch caliper or greater, groves of five or more smaller trees, or clumps of shrubs<br />

covering an a rea of fifty square feet or more measured at the drip lines.<br />

(h) Revegetation. Any slope exposed or created in new development shall be landscaped or<br />

re-vegetated with n ative or adapted trees and other native or adapted plant material. New vegetation shall be<br />

equivalent to or exceed the density and erosion-control characteristics of the original vegetation cover in order<br />

to mitigate adverse environmental and visual effects. Use of fire-resistant plants for revegetation is strongly<br />

encouraged. (For a list o f fire-resistant plants, contact the Wasatch-Cache National Forest, Salt Lake Ranger<br />

District, or the Utah Division of Forestry, Fire, and State Lands.)<br />

(i) Maximum impervious cover. The maximum impervious cover allowed on a single residential<br />

lot in a standard subdivision shall be thirty five percent (35%). For Planned Developments and Cluster<br />

Subdivi sions, the Planning Commission shall determine the maximum amount of impervious cover a<br />

development may<br />

have based upon the review and recommendation of the City Planning and Engineering<br />

Departments.


(j)<br />

The slope of usable land shall not exceed 30%. Land greater than 30% shall be either:<br />

(1) Dedicated as permanent open land with an open land easement granted to the City or another<br />

responsible legal entity; or,<br />

(2) Included as part of an approved building lot containing the minimum usable land required by<br />

the Part with an open land easement granted to the City.<br />

(k) Wildfire Hazards and tree/vegetation removal. In areas determined by the <strong>West</strong> <strong>Jordan</strong> City<br />

Fire Marshall to be highly susceptible to fire hazards, vegetation up to thirty feet from the perimeter of a<br />

structure shall be selectively pruned, thinned, and regularly maintained to help minimize the risk of property<br />

damage from wildfire, and to provide space for fire-fighting equipment and personnel. When landscaping<br />

within this thirty-foot fire-break area, use of fire-resistant plants is strongly encouraged.<br />

(l)<br />

Streets and access.<br />

(1) The street standards and specifications of <strong>West</strong> <strong>Jordan</strong> City shall apply to all developments,<br />

except where conditions related to proper development of hillside areas necessitate altering<br />

these standards as outlined herein.<br />

(2) Streets shall not cross slopes between 30 and 50 percent unless specifically approved<br />

by the Planning Commission, after receiving a favorable recommendation from the<br />

City Engineer. Approval shall be based on the following findings:<br />

a. No alternate location for access is feasible or available;<br />

b. No individual segment or increment of the street that will cross slopes between<br />

thirty percent and fifty percent exceeds 100 feet in length;<br />

c. The cumulative length of individual segments or increments that will cross<br />

slopes between 30 percent and 50 percent does not exceed 10 percent of the<br />

total length of the street; and<br />

d. No significant adverse visual, environmental, or safety impacts will result<br />

from the crossing, either by virtue of the design and construction of the street<br />

as originally proposed or as a result of incorporation of remedial<br />

improvements provided by the developer to mitigate such impacts.<br />

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

(4) Streets shall, to the maximum extent feasible, follow the natural terrain.<br />

(5) Variations to street design standards developed to solve special hillside visual and functional<br />

problems may be presented to the Planning Commission and City Council for consideration.<br />

Examples of such variations may be the use of split roadways or one-way streets for short<br />

sections in steeply sloped areas without intersections to avoid deep cuts or modifications of<br />

surface drainage for curb, gutter and sidewalk design. Variations to street design standards<br />

may be approved by the City Council only after careful review of each individual application<br />

and after receiving a recommendation from the Planning Commission.<br />

(6) The developer shall dedicate to the City a slope easement for any cut or fill slope created by<br />

construction of a street<br />

on sensitive hillsides which is not contained within the public


ight-of-way.<br />

(7) Points of access shall be provided to all developed and undeveloped land for emergency fire<br />

fighting equipment.<br />

(8) Reasonable access to canyon trails and natural washes shall be provided through<br />

developments that are located adjacent to such canyons or washes Parking areas may be<br />

required by the Planning Commission at trail heads.<br />

(m)<br />

Drainage corridor protection.<br />

(1) Filling<br />

or dredging of waterways and other natural drainage channels. Filling or dredging of<br />

major natural drainage channels, including Barney’s Wash, Barney’s Creek, Bingham Creek,<br />

Clay Hollow Wash, Dry Wash and others as designated in the Storm Water Master Plan, is<br />

prohibited without the approval of the City Engineer.<br />

(2) Pedestrian<br />

or vehicular crossings of drainage corridors. In those cases where either pedestrian<br />

or vehicular access over a water course, gully, stream bed, or storm water runoff channel is<br />

found to be necessary or desirable, a bridge or other approved structure as approved by the<br />

City Engineer shall be constructed for that purpose. Bridges or other structures crossing water<br />

courses, gullies, stream beds, or storm water runoff channels shall be designed to minimize<br />

impacts on these natural drainage corridors.<br />

(3) Minimum setbacks. All buildings, accessory structures, leach fields, and parking lots shall be<br />

set back at least one hundred feet (100’) from the top-of-bank of water courses, gullies, or<br />

stream beds<br />

(4) Preservation of vegetation. All existing vegetation within drainage corridors shall be<br />

preserved and, where necessary to provide adequate screening or to repair damaged riparian<br />

areas, supplemented with additional native or adapted planting.<br />

(n) Responsibility for construction and maintenance of improvements. The developer, or in the<br />

case of single family and two-family dwellings, the owner, shall be fully responsible for making all<br />

improvements in accordance with approved plans. The property owner shall be responsible for maintaining all<br />

improvements made in accordance with the site development approval.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-41, 10-05-2004)<br />

Sec. <strong>89</strong>-4-505.<br />

Bonding Requirements<br />

The developer or lot owner may be required to guarantee the completion of revegetation projects, the<br />

stabilization of grading sites, construction of storm water runoff facilities, and other requirements of this Part<br />

by submitting to the City a bond in a form acceptable to the City Attorney. If such bond is required, it shall be<br />

calculated and administered as set forth in Chapter 6, Part 12 of this <strong>Title</strong>.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

PART 6. FLOODPLAIN OVERLAY ZONE<br />

Sec. <strong>89</strong>-4-601.<br />

(a)<br />

Findings of fact and purpose of zone.<br />

Areas of special flood hazard in the City are subject to periodic flooding that<br />

may result in loss


of life and property, health and safety hazards, disruption of commerce and governmental services,<br />

extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which<br />

adversely affect the public health, safety and general welfare. These flood losses are caused by the cumulative<br />

effect of obstructions in areas of special flood hazards that increase flood elevations and velocities. Buildings<br />

and structures that<br />

are inadequately flood-proofed, anchored, elevated, or otherwise protected from flood<br />

damage also contribute to the flood loss.<br />

(b) It is the purpose of this part to promote the public health, safety and general welfare, and to<br />

minimize public and private losses due to flood conditions in specific areas by establishing provisions<br />

designed to:<br />

(1) protect human life and health;<br />

(2) minimize expenditure of public money for costly flood control projects;<br />

(3) minimize the need for rescue and relief efforts associated with flooding and generally<br />

undertaken at the expense of the general public;<br />

(4)<br />

minimize prolonged business interruptions;<br />

(5) minimize damage to public facilities and utilities such as water and gas mains, electric,<br />

telephone and sewer lines, streets and bridges located in areas of special flood hazard;<br />

(6)<br />

(7)<br />

help maintain a stable tax base by providing for the sound use and development of areas of<br />

special flood hazard so as to minimize future flood blight areas;<br />

ensure that potential buyers are notified that property is in an area of special flood hazard; and,<br />

(8) ensure that persons who occupy the areas of special flood hazard assume responsibility for<br />

their actions;<br />

(c)<br />

To accomplish its purpose, this part includes methods and provisions for:<br />

(1) restricting or prohibiting uses which are dangerous to health, safety and property due to water<br />

or erosion hazards, or which result in damaging increases in erosion or in flood heights or<br />

velocities;<br />

(2) requiring that uses vulnerable to floods, including facilities that serve such uses, be protected<br />

against flood damage at the time of initial construction;<br />

(3) controlling the alteration of natural floodplains, stream channels, and natural protective<br />

barriers, which help accommodate or channel floodwaters;<br />

(4) controlling filling, grading, dredging and other development that may increase flood damage;<br />

and,<br />

(5) preventing or regulating the construction of flood barriers which will unnaturally divert<br />

floodwaters or which may increase flood hazards in other areas.<br />

(Enacte d by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-4-602. Establishment.


The floodplain overlay zone (F-P) is a restrictive designation applied in addition to any other zone in<br />

this <strong>Title</strong>. The floodplain overlay zone shall consist of the areas of special flood hazard identified by the<br />

Federal Emergency Management Agency (FEMA) on current flood insurance rate maps (FIRM). The<br />

floodplain overlay zone shall be designated on the official Zoning Map by affixing the suffix “F-P” in<br />

parentheses after any zone designation, e.g., R-1-10(F- P). The regulations of the floodplain overlay zone shall<br />

supersede the regulations of the zones to which they are attached.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-4-603. Applicability.<br />

The provisions of this part shall apply to all developments within the City in the F-P zone. No<br />

structure or land shall hereafter be constructed, located, extended or altered without full compliance with the<br />

provisions of this part and other applicable regulations. This part is not intended to repeal, abrogate or impair<br />

any existing easements, covenants or deed restrictions. However, where this part and another ordinance,<br />

easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions<br />

shall prevail. In the interpretation of this part, all provisions shall be considered as minimum requirements,<br />

liberally construed in favor of the City, and deemed neither to limit nor repeal any other powers granted under<br />

State law.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-4-604. Official floodplain overlay map.<br />

(a) Lands to which the F-P zone applies. The F-P zone shall be applied to all lands within the<br />

jurisdiction of the City shown on the FIRM maps as being located within the boundaries of an area of special<br />

flood hazard.<br />

(b) Adoption of official floodplain overlay map. The FIRM maps and all explanatory matter<br />

thereon, on file in the offices of the City recorder and the Development Services Department, are hereby<br />

adopted by reference as the official floodplain overlay maps for the City and declared to be a part of this part.<br />

(c) Rules for interpretation of floodplain boundaries. Scaling distances on the official floodplain<br />

map shall determine the boundaries of the floodplain. When interpretation is needed as to the exact location of<br />

the boundaries of the floodplain (for example, where a conflict exists between a mapped boundary and actual<br />

field conditions) the Zoning Administrator shall make the necessary interpretation, subject to appeal to the<br />

Board of Adjustment as provided in this <strong>Title</strong>. The Board of Adjustment shall use the floodplain information<br />

reports as a guide in interpreting boundaries.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-4-605. Warning and disclaimer of liability.<br />

The degree of flood protection required by this <strong>Title</strong> is considered reasonable for regulatory purposes<br />

and is based on engineering and scientific evaluation. More extensive flooding may occur on rare occasions or<br />

flood elevations may increase due to manmade or natural causes, such as ice jams and bridge openings<br />

restricted by debris. This part shall not be construed to imply that land outside areas of special flood hazard or<br />

land uses permitted within such areas will be free from flooding or flood damage. This part shall not create<br />

liability on the part of the City or any officer or employee of the City, or FEMA, for any flood damage resulting<br />

from reliance on this part or any administrative decision lawfully made under this part.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-4-606. Administration.<br />

(a)<br />

Administrator appointed. The Zoning Administrator is hereby appointed to administer this


part by granting or denying development permit applications in accordance with its provisions.<br />

(b)<br />

following:<br />

Duties. The duties of the Zoning Administrator shall include, but are not limited to, the<br />

(1) review all development permits to determine if the permit requirements of this part have been<br />

satisfied;<br />

(2) review all development permit applications to determine if all necessary permits have been<br />

obtained from Federal, State, or local governmental agencies from which prior approval is<br />

required;<br />

(3)<br />

review all development permits to determine if proposed development may adversely affect<br />

the flood-carrying capacity of the area of special flood hazard. For the purposes of this part,<br />

the term "adversely affect" means damage to adjacent property due to increased flood<br />

elevation attributed to physical changes to the floodway and adjacent over bank areas;<br />

a. if there is no adverse effect and the development is not a building, then the permit<br />

shall be granted without further consideration;<br />

b. if there will be an adverse effect, technical justification for the proposed development<br />

shall be required. The technical justification may be the written opinion of a<br />

registered professional engineer stating that the proposed development will not<br />

adversely affect adjacent properties;<br />

c. if the proposed development is a building, the provisions of this part shall apply;<br />

(4)<br />

when base flood elevation data has not been provided, obtain, review, and reasonably utilize<br />

any base flood elevation data available from a Federal, State, or other source.<br />

(5) obtain and record the actual elevation (in relation to mean sea level) of the lowest floor<br />

(including basement) of all new or substantially improved structures, and whether or not the<br />

structure contains a basement;<br />

(6) for all new or substantially improved flood-proofed structures:<br />

a. verify and record the actual elevation (in relation to mean sea level) to which the<br />

structure has been flood-proofed.<br />

b. maintain flood-proofing certifications required by this part.<br />

(7) maintain for public inspection all records pertaining to the provisions of this <strong>Title</strong>;<br />

(8) notify adjacent communities and the flood control division of the county prior to any<br />

alteration or relocation of a watercourse, and submit evidence of such notification to FEMA;<br />

(9) require that maintenance be provided within the altered or relocated portion of the<br />

watercourse so that the flood-carrying capacity is not diminished; and,<br />

(10) make interpretations where needed, as to the exact boundaries of areas of special flood hazard<br />

(for example, where an apparent conflict exists between a mapped boundary<br />

and actual field<br />

conditions), subject to appeal to the Board of Adjustment as provided in this <strong>Title</strong>.


(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-4-607. Allowed uses.<br />

(a) Permitted. Permitted uses in the F-P zone are the same as those permitted in the zone with<br />

which it is combined, except that all uses involving construction of permanent buildings or structures, or<br />

placement of fill materials shall be prohibited unless specifically permitted under the terms of a conditional use<br />

permit. All uses established in the F-P zone shall meet the conditions and standards set forth in this part.<br />

(b) Conditional. Those uses requiring the issuance of a conditional use permit prior to their<br />

establishment shall be the same as those uses requiring such permit in the provisions of the underlying zone<br />

with which the F-P zone has been combined, except that all uses involving the construction or erection of<br />

permanent structures or placement of fill materials shall also require a conditional use permit prior to their<br />

establishment. In order to issue a conditional use permit, the following findings shall be made:<br />

(1) The proposal satisfies the purpose of the F-P zone as set forth in this part.<br />

(2) New construction or substantial improvements to<br />

(including prefabricated and mobile homes) will:<br />

existing structures within a floodplain<br />

a. be protected against flood damage;<br />

b. be designed (or modified) and anchored to prevent flotation, collapse or lateral<br />

movement of the structure; and<br />

c. utilize construction methods and practices that will minimize flood damage.<br />

(3) The project will be provided with water supply systems and/or sanitary sewage systems<br />

designed to minimize or eliminate:<br />

a. infiltration of floodwaters into the system.<br />

b. discharge from the system into floodwater.<br />

c. the impairment or contamination of on-site waste disposal systems during flooding.<br />

(4) New construction or substantial improvements of existing structures in the area of special<br />

flood hazards will have the lowest floor (including basements) elevated to, or above, the level<br />

of the 100-year flood; or will be flood-proofed to the standards set forth in this part.<br />

(5) No structure, earth fill, or other surface obstruction to water flow, except bridges or flood<br />

control devices, will be closer than 100 feet to the bank of the <strong>Jordan</strong> River, or within a<br />

designated water passage area (regulatory floodway) within the established floodplain.<br />

(6) Any activity approved by virtue of a conditional use permit will not permit any fill or<br />

encroachments within the designated flo odway that would impair its ability to carry and<br />

discharge water resulting from a 100-year flood, except where the effect on flood heights is<br />

fully offset by stream improvements.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-4-608. Development permits.


(a) Permit required. A development permit shall be obtained before construction or development<br />

begins within any area of special flood hazard.<br />

(b) Application. Application for a development permit shall be made on forms furnished by the<br />

City and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location,<br />

dimensions, and elevations of the area in question; existing<br />

or proposed structures, fill, storage of materials,<br />

drainage facilities, and the location of the foregoing. The following information shall be required:<br />

(1)<br />

elevation, in relation to mean sea level, of the lowest floor (including basement) of all<br />

structures.<br />

(2)<br />

(3)<br />

elevation in relation to m ean sea level to which any structure has been flood-proofed.<br />

certification by a registered professional engineer or architect that t he flood proofing methods<br />

for any nonresidential structure comply with the flood proofing criteria in section <strong>89</strong>-4-609.<br />

(4) description of the exten t to which any watercourse will be alte red or relocated as a result of<br />

proposed development.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-4-609. Development standards.<br />

(a) Generally. Development standards in the F-P zone shall be the same as those<br />

required by the<br />

underlying zone with which the F-P zone is combined except for the standards enumerated in subsections (b)<br />

through (f) of this section, which shall be applied in addition to the provisions of the underlying zone.<br />

(b) Fill. Any proposed fill to be deposited in the floodway must be shown to have some beneficial<br />

purpose. The amount of fill shall not be greater than is necessary to achieve that purpose. In order to illustrate<br />

the purpose for the fill, the developer shall provide a plan showing the uses to which the filled land will be put<br />

and the final dimensions of the proposed area to be fil led. Fill areas shall be protected against erosion by<br />

riprap, vegetation cover, or bulkheads.<br />

(c) Construction standards. All new construction an d substantial improvements shall be<br />

constructed using methods, materials,. and practices that minimize flood damage.<br />

(1)<br />

In all areas of special flood hazards where base flood elevation data have been provided, the<br />

following standards shall apply:<br />

a. New construction and substantial improvement of a ny residential structure, and<br />

placement of manufactured hom es, shall have the lowest floor, including basement,<br />

elevated above the base flood elevation.<br />

b. New construction and substantial improvement of any co mmercial, industrial or other<br />

nonresidential structure shall either have t he lowest floor, including basement,<br />

elevated above the base flood elevation; or, together with attendant utility and<br />

sanitary faci lities, shall:<br />

i. be flood-proofed so that the structure is watertight below the base flood level<br />

with walls s ubstantially impermeable<br />

to the passage of water;<br />

ii.<br />

have structural components capable of resisting hydrostatic and<br />

hydrodynamic loads and effects of buoyancy; and,


iii.<br />

be certified by a registered professional engineer or architect that the<br />

standards of subsection (c) of this section are satisfied. Such certifications<br />

shall be provided to the Zoning Administrator as set forth in section<br />

<strong>89</strong>-4-606.<br />

(2) Buildings or structures shall have a low flood damage potential and if permitted shall be<br />

constructed and placed on the building site so as to offer the minimum obstruction to the flow<br />

of floodwaters. So far as practicable, buildings or structures shall be placed approximately on<br />

the same flood flow lines as those of a djoining structures. Whenever possible, buildings or<br />

structures shall be constructed with longitudinal axis parallel to the direction of flood flow.<br />

(3) Any structural storage facilities for chemicals, explosives, buoyant materials, flammable<br />

liquids, or other toxic materials which could be hazardous to public health, safety, and welfare<br />

shall be located so as to insure that the facilities are situated above the base flood elevation or<br />

adequately flood-proofed to prevent flotation of storage containers or damage to storage<br />

containers which could result in the escape of toxic materials into floodwater.<br />

(4) Buildings and structures located with any floor (including basement floor) at an elevation<br />

equal to or below the regulatory flood level within the designated floodplain shall conform to<br />

the following flood protection standards:<br />

a. Buildings or structures shall be firmly anchored to prevent flotation which may result<br />

in damage to other structures, restriction of bridge openings, or other narrow sections<br />

of the floo dway.<br />

b. Service facilities such as heating and air conditioning equipment s hall be constructed<br />

at or above the base flood elevation for the particular area or shall be flood-proofed.<br />

c. Walls shall be reinforced to resist water pressures.<br />

d.<br />

Paints, membranes, or mortars shall be used to reduce seepage of water through walls.<br />

e. Addition of mass or weight shall be added to structures to resist flotation.<br />

f. Construction of water supply and waste treatment systems shall<br />

prevent the entrance of floodwaters.<br />

be designed to<br />

g<br />

Buildings and structures shall be constructed to resist rupture or collapse caused by<br />

water pressure or floating debris.<br />

h. Valves or controls shall be installed on sanitary and storm drains to permit the drains<br />

to be closed to prevent backup of sewage and storm waters into buildings or<br />

structures. Gravity drainage in basements ma y be eliminated by mechanical devices.<br />

i. All electrical equipment, circuits, and installed electrical appliances shall be located<br />

and installed in a m anner which will insure that they are not subject to flooding.<br />

(5) All new construction and substantial improvements shall be anc hored to prevent flotation,<br />

collapse or lateral movement of the structure.<br />

(6) All manufactured homes shall be installed using methods and practices that minimize flood


damage such as elevating them and/or anchoring them to resist flotation, collapse or lateral<br />

movement. Methods of anchoring may include, but are not limited to, over-the-top and frame<br />

ties to ground anchors. This requirement is in addition to applicable anchoring requirements<br />

for resisting wind forces. All manufactured homes that are placed or substantially improved<br />

in the R-M zone (residential, mobile home) shall be elevated and adequately anchored on a<br />

permanent foundation suc h that the lowest floor of the manufactu<br />

red home is a minimum of<br />

one foot above the base flood elevation.<br />

(d)<br />

Utilities.<br />

(1) All new and replacement water supply systems shall be designed to minimize or eliminate<br />

infiltration of floodwaters into the system.<br />

(2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate<br />

infiltration of floodwaters into the systems and discharge from the systems into floodwaters.<br />

(3) On-site waste disposal systems shall be located to avoid their impairment or contamination<br />

from them during flooding.<br />

(e) Subdivision proposals. Base flood elevation data shall be provided for subdivision proposals<br />

and other proposed developments that contain two or more lots. All subdivision proposals shall:<br />

(1) Be consistent with the need to minimize flood damage.<br />

(2) Have public utilities and facilities such as sewer, gas, electrical, and water systems located and<br />

constructed to minimize flood damage.<br />

(3) Have adequate drainage provided to reduce exposure to flood damage.<br />

(f) Encroachments. Encroachments, including fill, new construction, substantial improvement,<br />

placement of manufactured homes, and other developments are prohibited unless certification by a registered<br />

professional engineer is provided demonstrating that encroachments shall not result in any increase in flood<br />

levels during the occurrence of the base flood discharge.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

PART 7. WATER SOURCE PROTECTION AREAS DRINKING WATER SOURCE PROTECTION<br />

OVERLAY ZONE<br />

Sec <strong>89</strong>-4-701 . Purpose<br />

The purpose of the drinking water source protection zones is to protect, preserve, and maintain<br />

existing and potential public drinking water sources in order to safeguard the public health, safety and welfare<br />

of city residents and visitors. The intent is to establish and designate drinking water source protection zones<br />

and groundwater recharge areas for all sources of public drinking water within city boundaries and<br />

jurisdiction, and to regulate land use within identified areas where groundwater is, or could be affected by the<br />

use. This shall be accomplished by the designation and regulation of property uses and conditions that may be<br />

maintained within such zones or areas. The degree of protection afforded by this Chapter is considered<br />

adequate for regulatory purposes. This Chapter does not ensure that public drinking water sources will not be<br />

subject to accidental or intentional contamination, nor does it create liability on the part of the city, or an<br />

officer or employee thereof, for any damages to the public water supplies from reliance on this Chapter nor any<br />

administrative order lawfully<br />

made thereunder.


(Ord. No. 03-72, 11-18-2003; Ord. No. 05-07, 02-15-2005)<br />

Sec. <strong>89</strong>-4-702. Definitions.<br />

Terms that are defined in Sec. 90-5-103 shall have the same meaning when used in this Part.<br />

(Ord. No. 05-07, 02-15-2005)<br />

Sec. <strong>89</strong>-4-703. Establishment of drinking water source protection overlay zones.<br />

The drinking water source protection overlay zones are restrictive designations applied in addition to<br />

any other zone in this <strong>Title</strong>. The drinking water source protection overlay zones shall consist of the areas<br />

designated on the Recharge Area and Protection Zone Map, as amended. The regulations of the drinking water<br />

source protection overlay zones shall be in addition to the regulations of the zones to which they are attached.<br />

(Ord. No. 03-72, 11-18-2003; Ord. No. 05-07, 02-15-2005)<br />

Sec. <strong>89</strong>-4-704. Applicability.<br />

(a) Unless otherwise specified, the provisions of this part apply to handling, movement, and storage of<br />

potentially hazardous materials, and any development, development activity, land use or development project<br />

authorized by this <strong>Title</strong>, including but not limited to subdivisions, site plans, and building permits.<br />

(b) The provisions of this part shall apply to all developments within the City in the drinking water<br />

source protection zone. No structure or land shall hereafter be constructed, located, extended or altered<br />

without full compliance with the provisions of this part and other applicable regulations. This part is not<br />

intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where<br />

this part and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes<br />

the more stringent restrictions shall prevail. In the interpretation of this part, all provisions shall be considered<br />

as minimum requirements, liberally construed in favor of the City and water protection, and deemed neither to<br />

limit nor repeal any other powers granted under State law.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 05-07, 02-15-2005)<br />

Sec. <strong>89</strong>-4-705.<br />

Designation of recharge areas and protection zones<br />

(a) The following recharge areas and protection zones are hereby designated within the City:<br />

(1) Primary Recharge Area, as determined by the USGS.<br />

(2) Secondary Recharge, as determined by the USGS.<br />

(3) Protection Zone 1 shall be the area within a 100-foot radius from the well or margin of the<br />

collection area.<br />

(4) Protection Zone 2 shall be area within a 250-day groundwater TOT to the margin of the<br />

collection area, the boundary of the aquifer(s) which supplies water to the groundwater<br />

source, or the groundwater divide, whichever is closer.<br />

(5) Protection Zone 3 shall be the area within a 3-year groundwater TOT to the margin of the<br />

collection area, the boundary of the aquifer(s) which supplies water to the groundwater<br />

source, or the groundwater divide, whichever is closer.<br />

(6)<br />

Protection Zone 4 shall be the area within a 15-year groundwater TOT to the margin of the<br />

collection area, the boundary of the aquifer(s) which supplies water to the groundwater


source, or the groundwater divide, whichever is closer.<br />

(b) In determining the location of properties and facilities within the recharge areas and protection<br />

zones depicted on the Recharge Area and Protection Zone Map, the following rules shall apply.<br />

(1) Property located wholly or partially in a single recharge area or a protection zone on the<br />

Recharge Area and Protection Zone Map shall be governed by the restrictions applicable to<br />

that recharge area or protection zone.<br />

(2) Properties located within more than one recharge area or protection zone as shown on the<br />

Recharge Area and Protection Zone Map shall be governed by the restrictions applicable to<br />

the most restrictive protection zone.<br />

(Ord. No. 03-72, 11-18-2003; Ord. No. 05-07, 02-15-2005)<br />

Sec. <strong>89</strong>-4-706 Official recharge area and protection zone map.<br />

The extent of the recharge areas and the protection zones may be seen on the ARecharge Area and<br />

Protection Zone Map@ completed December, 1996, as part of the City Drinking Water Source Protection<br />

Management Program Manuals, as amended, and is incorporated and made a part of this Chapter. The<br />

recharge area boundary lines have been located along streets and or section lines for convenience of assessing<br />

which prohibitions and restrictions apply to a specific property. This map shall be on file with the City, and<br />

shall be maintained by the City and Public Water Systems whose groundwater resources lay within the City's<br />

boundaries and jurisdiction. Amendments, additions, or deletions to this map may be made by the City and/or<br />

the Public Water System after approval by the Utilities Manager or designated representative.<br />

(Ord. No. 03-72, 11-18-2003 §90-5-201; Ord. No. 05-07, 02-15-2005)<br />

Sec. <strong>89</strong>-4-707 Review of recharge area protection zone map<br />

(a) The ARecharge Area and Protection Zone Map@ shall be reviewed as deemed necessary by the<br />

City. The basis for updating the map may include, but is not limited to, the following:<br />

(1) Changes in technical or scientific knowledge in the areas of geohydrology, hydraulics, and<br />

geology.<br />

(2) Changes in wellfield configuration.<br />

(3) Changes in pumping rates for the wellfield.<br />

(4) Development of new wells, wellfields, and/or springs.<br />

(5) Changes in water quality.<br />

(Ord. No. 03-72, 11-18-2003 §90-5-203; Ord. No. 05-07, 02-15-2005)<br />

Sec. <strong>89</strong>-4-708 Permitted uses, conditional uses, and prohibitions.<br />

(a) Discharges. No person shall discharge, or permit the discharge of any regulated substances or<br />

petroleum products, whether treated or untreated, to soils, air, groundwater, or surface water in any recharge<br />

area or protection zone, that may have a deleterious effect upon the groundwater in the City, unless the<br />

discharge is in compliance with federal, state, and local regulations.<br />

(b) Permitted uses. Permitted uses in the drinking water source protection zone are the same as those<br />

permitted in the zone with which it is combined, except as shown in the table below. Those uses identified as


“permitted” are allowed, provided that they comply with all other requirements of this Chapter and all other<br />

applicable requirements of this <strong>Title</strong> and <strong>Title</strong> 90, Utilities, and provided that Best Management Practices are<br />

implemented.<br />

(c) Conditional uses. Uses identified as “conditional” must be approved by the Planning Commission<br />

pursuant to the standards and procedures for conditional uses set forth in Section <strong>89</strong>-5-404, and comply with<br />

all other applicable requirements of this <strong>Title</strong> and <strong>Title</strong> 90. Approval is subject to implementation of Best<br />

Management Practices, compliance with the provisions of <strong>Title</strong> 90, and provisions of this chapter together with<br />

other reasonable conditions as may be established by the Planning Commission. The implementation of Best<br />

Management Practices shall be considered a minimum condition of the conditional use permit. The Utah<br />

Division of Drinking Water Quality shall review all conditional use requests.<br />

(d) Prohibited uses. Uses identified as neither “permitted” nor “conditional” shall not be allowed in<br />

the zone. Notwithstanding the provisions of this Chapter, the use and storage of regulated substances in<br />

amounts meeting or exceeding the “Reportable Quantity” shall be prohibited as set forth in Section 90-5-201<br />

of this code, or its successor provision, unless an exemption is granted as set forth therein.<br />

LEGEND:<br />

C = Conditional Use<br />

P = Permitted Use<br />

Permitted and Conditional Uses in<br />

Protection Zones<br />

USE<br />

Primary<br />

Recharge<br />

Secondary<br />

Recharge<br />

Zone<br />

1<br />

Zone<br />

2<br />

Abandoned wells<br />

Agricultural pesticide, C C C C<br />

herbicide, and fertilizer storage,<br />

use, filling, and mixing areas<br />

Airport maintenance and C C C C<br />

fueling sites<br />

Appliance repair P P P P<br />

Auto operations and fleet<br />

vehicle maintenance facilities<br />

(commercial):<br />

• Dealership maintenance C C C C<br />

departments<br />

Zones 3<br />

and 4<br />

• Tire C C C C<br />

• Auto body C C C C<br />

• Engine repair C C C C<br />

• Rust proofing C C C C<br />

• Oil and lube shops C C C C<br />

• Vehicle rental with<br />

C C C C<br />

maintenance<br />

Beauty salons C P C P<br />

Boat building and refinishing C<br />

P C C<br />

Car washes C P P P<br />

Cemeteries, golf courses, C C C C<br />

parks, and plant nurseries<br />

Chemical reclamation facilities C C C C


LEGEND:<br />

Permitted and Conditional Uses in<br />

C = Conditional Use<br />

Protection Zones<br />

P = Permitted Use<br />

USE<br />

Primary<br />

Recharge<br />

Secondary<br />

Recharge<br />

Zone<br />

1<br />

Zone<br />

2<br />

Zones 3<br />

and 4<br />

Chemigation wells C C C<br />

Concrete, asphalt, and tar C C C C<br />

companies<br />

Dairy farms and animal feed C P P<br />

lots (more than 10 animal units)<br />

Dry Cleaners (with onsite C C P<br />

chemicals)<br />

Dry Cleaners (without onsite P<br />

P P P<br />

chemicals)<br />

Embalming Services<br />

C C C C<br />

Farm Operations<br />

• Dump sites C C C<br />

• Maintenance garages C C C C<br />

• Manure piles (


LEGEND:<br />

C = Conditional Use<br />

P = Permitted Use<br />

Permitted and Conditional Uses in<br />

Protection Zones<br />

Primary<br />

Secondary Zone Zone Zones 3<br />

USE<br />

Recharge<br />

Recharge 1 2 and 4<br />

Machine shops, metal plating,<br />

C<br />

C C<br />

heat treating, smelting,<br />

annealing, and descaling<br />

facilities<br />

Mining Opera tions<br />

• Radiological<br />

C C P P<br />

• Sand and gravel excavation C<br />

P<br />

P P<br />

and processing<br />

Municipal wastewater C C<br />

P<br />

treatment plants<br />

Photo processing and print C C<br />

C C<br />

shops<br />

Railroad yards C P P P<br />

Residential pesticide, C P C C<br />

herbicide, and fertilizer storage,<br />

use, filling, and mixing areas<br />

Residential underground<br />

C<br />

C P<br />

storage tanks<br />

RV waste disposal stations C C P<br />

Salt and salt-sand piles<br />

C C C C<br />

Septic tank drain field systems C C<br />

Stormwater detention basin and C C C P<br />

snow storage sites<br />

Toxic chemical storage and oil<br />

pipelines<br />

Wood preservative treatment<br />

C<br />

C C<br />

facilities<br />

(e) Underground storage tanks<br />

In order to obtain a conditional use permit for underground storage tanks and associated piping and<br />

distribution appurtenances in Protection Zone 2, the proposed owner/installer of the tank or tanks shall<br />

demonstrate to the satisfaction of the City that the underground storage tanks can not be reasonably excluded<br />

from the proposed development or installed and operated outside of Protection Zone 2. In addition, conditions<br />

s et forth by the Planning Commission for a conditional use permit for underground storage tanks and<br />

a ssociated piping and distribution appurtenances shall, as a minimum, include the following:<br />

(1) The owner shall provide the City with documentation of existing geologic and hydrogeologic<br />

conditions at and beneath the proposed site of development. This shall include, at a minimum,<br />

soil and rock formation types, thicknesses, and depths; depth to water table, to potable water, and<br />

to the City’s well production zone; groundwater flow direction(s) and gradient; and any geologic<br />

structural or hydraulic barriers between the proposed tank locations and the City’s<br />

well


production zone. If available, the owner may obtain this information from existing reports or<br />

data, or he/she may obtain the services of a registered geologist to procure the data. This may<br />

require installation of one or more boreholes or test wells.<br />

(2) The owner shall provide th e City with engineering plans that clearly show the type of tanks to be<br />

installed, the method of installation, distribution methods, and filling mechanisms. The plans<br />

shall demonstrate that the tanks meet the following minimum requirements:<br />

The tanks shall meet or exceed all applicable Federal, state, and local requirements including, but<br />

no t limited to, State of Utah Department of Environmental Response and Remediation rules and<br />

regulations.<br />

The tanks and piping shall be of non-corrosive double-walled material.<br />

Leak detection alarms shall be required for both tanks and piping.<br />

All tanks shall be installed in water-tight concrete vaults equipped with manway access for visual<br />

inspection. Tanks shall be supported off the vault floor to allow ready visual inspection of all<br />

tank top, sides, and bottom. Vaults shall be equipped with local and remote leak detection alarm<br />

systems.<br />

An operation and maintenance plan shall be required for all tanks and piping and shall include a<br />

visual inspection program. Visual inspection and maintenance shall be required at least monthly.<br />

Monitoring a nd alarm equipment shall be inspected and tested and intervals not to exceed three<br />

months.<br />

All state and local tank and piping testing and monitoring requirements shall be strictly adhered<br />

to.<br />

The plans shall be prep ared and stam ped by a licensed engineer.<br />

Tank installation shall meet or exceed the requirements of the International Building Code,<br />

International Fire Code and the Underwriters Laboratory, as applicable.<br />

(3) The owner shall submit a properly completed Spill Protection, Control, and Countermeasure<br />

(SPCC) plan with the engineering plan. The SPCC plan shall include provisions for response to<br />

both surface and underground fuel spills and releases. The SPCC plan shall be certified by a<br />

licensed engineer.<br />

(Ord. No. 03-72, 11-18-2003 §90-5-031; Ord. No. 05-07, 02-15-2005)<br />

Sec. <strong>89</strong>-4-709 Review of development plans<br />

All development plans that lie within the primary recharge area shall be reviewed by a geologist or<br />

hydrogeologist who has demonstrated expertise in the assessment of recharge rates. Any development that<br />

will result in a loss of the beneficial use of groundwater or that may have an adverse or negative effect upon<br />

local groundwater quality shall be rejected. Plans that are rejected may be revised by the developer and<br />

resubmitted to the City for subsequent review by a registered geologist. Developments that do not lay within<br />

either the primary or secondary recharge area may proceed with the development plan processing requirements<br />

of the City.<br />

(Ord. No. 03-72, 11-18-2003 §90-5-303; Ord. No. 05-07, 02-15-2005)


PART 8. TRANSIT STATION OVERLAY DISTRICT<br />

Sec. <strong>89</strong>-4-801. Purpose and objectives of the zone.<br />

(a) The Transit Station Overlay District is established to promote transit-oriented development in<br />

areas that are generally located within an approximate ¼ mile of light rail transit stations or cross town satellite<br />

hubs for bus/trolley rapid transit.<br />

(b) The Transit Station Overlay District will consist of six (6) different Transit Community<br />

Station types located strategically at light rail or fast rapid transit stops throughout the City. The differing<br />

Transit Community Stations are established to promote and share a number of transit oriented development<br />

concepts, but also have their own emphasis on specific uses allowed within each station planning area, based<br />

on its locatio n in the City. The uses are classified separately based on intensity of use and the existing zoning<br />

in the area. The overlay districts are intended to work as an incentive to create clustered, mixed-use and<br />

pedestrian friendly neighborhoods and working environments. The objectives of the overlay district are to:<br />

(1) Permit and support higher development densities to encourage the utilization of mass transit,<br />

and alternative modes of transportation other than the automobile.<br />

(2) Allow for mixed land uses which contain a flexible arrangement of residential, commercial<br />

and mixed-use developments, while adopting detailed urban development standards to ensure<br />

compatibility between the uses and pedestrian activity.<br />

(3) Minimize distances between destinations by providing for a number of conveniences and<br />

uses, which are compatible with one another and which are within an approximate ¼ mile<br />

walking distance of each other, (i.e., home to office, home to retail service, or office to retail<br />

service).<br />

(4) Promote pedestrian-friendly design and architectural structuring that encourages walking and<br />

bicycling.<br />

(5) Reduce transportation spending and increase housing affordability through the lessening of<br />

transportation development and maintenance costs.<br />

(6) Increase incentives for developer(s)<br />

installation and maintenance costs.<br />

from less money and land spent on parking and road<br />

(7) Decrease auto dependency by providing alternative methods of transportation, and provide<br />

planning methods which take into consideration those who cannot drive or afford an<br />

automobile.<br />

(8) Create and enhance cultural use areas that promote neighborhood and local social activities.<br />

(9) Integrate open spaces, plazas, courtyards and pocket parks and connect these areas to all other<br />

uses in the station district.<br />

(10) Provide for a development plan that has economic viability, where the City will benefit from<br />

the project as a whole in the form of tax increment, private investment and the creation of new<br />

jobs.


(11) Allow for greater flexibility in street and road infrastructure features that distinguish the area<br />

as unique, create a distinctive ambiance to the development, and reduce maintenance costs<br />

through reduced parking and right-of-way widths.<br />

(Ord. No. 05-53, 09-06-2005)<br />

Sec. <strong>89</strong>-4-802. Establishment.<br />

The Transit Station Overlay District (TSOD) is a use designation applied in addition to the established<br />

underlying zoning district in this <strong>Title</strong>; however, it is unique to specific areas within the City. The Transit<br />

Station Overlay District shall be designated on the official Zoning Map by affixing the suffix “TSOD” in<br />

parenthesis after the underlying zoning district in which the overlay is located, i.e., SC-2 (TSOD). The<br />

regulations of the Transit Station Overlay District may modify and/or override the regulations of the<br />

underlying zoning district.<br />

(Ord. No. 05-53, 09-06-2005)<br />

Sec. <strong>89</strong>-4-803. Transit Station Boundaries.<br />

Transit Station Overlay Districts are use designation areas applied in addition to the established<br />

standards of the underlying zone and consist of six (6) different station types that share a number of transit and<br />

pedestrian oriented characteristics, but also have their own emphasis on specific uses allowed/prohibited<br />

within each community. The six (6) station types are defined and established as follows:<br />

(1) <strong>West</strong> <strong>Jordan</strong> City Center Station Community. The <strong>West</strong> <strong>Jordan</strong> City Station Community is<br />

entirely within the boundaries of the adopted Town Center/Briarwood Redevelopment Project<br />

Area – a small area development plan and project within an approximate ¼ mile radius of the<br />

proposed station site, containing a mix of compact but compatible uses. The multiple uses in<br />

this station community consist primarily of multi-family, commercial, retail, office,<br />

municipal, entertainment, and mixed uses. The highest development densities shall be<br />

allowed within this station community and all land uses are to be pedestrian oriented and<br />

well-connected to open spaces, parks, plazas and social gathering areas. A large multi-transit<br />

station hub is being envisioned for this station community.<br />

(2)<br />

South Station Community. The South Station Community is predominately within the<br />

boundaries of the adopted South Station Planned Development, which is a mixed-use<br />

development of residential, commercial, office, retail, and recreational uses. High<br />

development densities shall be allowed within this station community, with a primary focus<br />

on high-density residential being supported by a non-residential mix of uses. This station<br />

community’s boundary is generally defined as the area rezoned to the P-C (ZC) zoning<br />

district as part of the South Station development, as well as approximately 40 acres of<br />

property located on the north side of the existing railroad adjacent to the proposed light rail<br />

station. It is essential within this community that the transit station be easily accessible by all<br />

proposed development through well-designed walkways. High residential development<br />

densities shall be allowed within this station community and all land uses are to be pedestrian<br />

oriented and well-connected to open spaces, parks, plazas and social gathering areas.<br />

(3) Gardner Village Station C ommunity. The intent of this station community is to provide easy<br />

and convenient access to existing commercial retail services and restaurants, and to serve as a<br />

commencement point for recreational activities at the adjacent trailhead<br />

for the <strong>Jordan</strong> River<br />

Parkway. Land uses shall contain a mix of retail services and various types of medium to<br />

high-density residential uses within an easy walking distance to the proposed transit station.<br />

This overlay boundary for this transit station includes the light rail station area located on the


south side of 7800 South, the existing Gardner Village development, and all the property<br />

running along the north side of 7800 South between the Gardner Village development and<br />

1300 <strong>West</strong>. Land uses in this station community need not be entirely supportive of each other;<br />

however, the multiple uses must link to a pedestrian network of trails and sidewalks and to the<br />

transit station itself.<br />

(4) Residential Station Communities. The prevailing use in the residential station community<br />

areas is single-family residential. The intent of the Residential Station Community is to<br />

provide walkable access to and from the proposed transit station(s) for the existing residential<br />

neighborhoods. Non-residential uses need not be provided nor are they necessary within this<br />

community station. A pedestrian walkway network shall be installed that will support transit<br />

ridership in the immediate vicinity. A park-and-ride lot shall be provided near each station for<br />

residents who live in the vicinity that may wish to travel by alternative methods. The<br />

approximate overlay boundary for the proposed station sites at 2700 <strong>West</strong> Sugar Factory Road<br />

includes the property located on the north side of Sugar Factory Road running north to the<br />

Garden Valley and Buena Vista subdivision west to 2700 <strong>West</strong>. The approximate overlay<br />

boundary for the proposed station site located at 4800 <strong>West</strong> Old Bingham Highway includes<br />

the two lots located on the northeast corner of 4800 <strong>West</strong> and Old Bingham Highway.<br />

(5)<br />

Bagley Station Community. The Bagley Station Community is intended to serve the light<br />

industrial work-force in and around the southwestern portion of the City. Transit riders served<br />

by this transit station will primarily be going to, or coming from work. It will be necessary to<br />

serve the area with improved pedestrian network systems for safe walking, and it will be vital<br />

for this station to accommodate a park-and-ride lot and bus station. It may also benefit some<br />

of the large businesses in the area to serve their transit riders with shuttles.<br />

(6) 5600 <strong>West</strong> BRT Station Communities. There is a possibility that <strong>West</strong> <strong>Jordan</strong> will be served<br />

by Bus Rapid Transit or trolley in the future. This alternative method of transit could allow<br />

the City to develop small pockets of transit-oriented type uses at major transit stop sites.<br />

These stations would primarily be mixed-use with an approximate overlay of ¼ mile radius<br />

around the proposed BRT stop sites located at: 5600 <strong>West</strong> Old Bingham Highway, 5600 <strong>West</strong><br />

9000 South, and 5600 <strong>West</strong> 7800 South. Uses in these stations shall contain a mix of<br />

compacted but compatible uses with an emphasis of high-density multi-family, and moderate<br />

community commercial uses. Pedestrian safety will be a key component of these transit<br />

stations. Design of this station community shall be pedestrian friendly where transit<br />

commuters and shoppers do not have to compete with the automobile. A park and ride<br />

facility or parking structure should be placed within a reasonable distance of a proposed<br />

transit station in this community.<br />

(Ord. No. 05-53, 09-06-2005; Ord. No. 07-27, 07-17-2007)<br />

Sec. <strong>89</strong>-4-804. Use Regulations.<br />

(a) Permitted principal uses. Principal uses permitted in the Transit Station Overlay District are<br />

those permitted by the provisions of the underlying zone.<br />

(b) Permitted accessory uses. Accessory uses permitted in the Transit Station Overlay District<br />

shall be the same as for the underlying zone.<br />

(c) Uses. Uses allowed in the each (TSOD) are listed in the tables below. Those uses identified<br />

as “permitted” are allowed by right provided that they comply with all other requirements of this Chapter, and<br />

all other requirements of this <strong>Title</strong>. Uses identified as “conditional” are to be approved by the Planning


Commission pursuant to the standards and procedures for conditional uses set forth in Section <strong>89</strong>-5-404, and<br />

comply with all other applicable requirements of this <strong>Title</strong>. Permitted and Conditional Uses in the Transit<br />

Station Overlay District are the same as those in the underlying zone, except as shown in the applicable tables<br />

below. Uses not specifically listed in this Section or in the underlying zone shall not be allowed.<br />

(1) <strong>West</strong> <strong>Jordan</strong> City Center Station Community. Uses allowed in the <strong>West</strong> <strong>Jordan</strong> City Center<br />

Station Community shall be the same as those in the Central Business District Zone set forth<br />

in Section <strong>89</strong>-3-1101.<br />

(2) South Station Community. Uses allowed in the South Station Community shall be the same as<br />

those in the underlying zoning district; however, the use applications as identified below will<br />

modify or override any underlying zoning district use requirements.<br />

Permitted Uses<br />

Conditional Uses<br />

Banks, Credit Unions w/o drive-up service windows<br />

Auditorium or Stadium<br />

Bed and Breakfast<br />

Banks, Credit Unions with drive-up service windows<br />

Farmers market<br />

Club or service organization<br />

Retail establishment up to 15,000 sq. ft. Department Store, Small<br />

Hotel or motel<br />

Drive-up automated teller machines<br />

Medical or dental office<br />

College or University, Satellite Campus<br />

Mixed-use development<br />

Gasoline service station<br />

Municipal facilities and services<br />

Health & Fitness Facility<br />

Office, Professional and Service<br />

Liquor Store<br />

Outdoor dining<br />

Off-site parking<br />

Park & Ride lots Outdoor exhibits, displays or sales areas<br />

Parking structures<br />

Restaurant (Drive-through)<br />

Produce or flower stands<br />

Retail establishment greater than 15,000 sq. ft.<br />

Transit station structures, facilities<br />

Small scale public utilities<br />

Recreational Facilities, Indoor & Outdoor<br />

Vending carts<br />

The following uses are prohibited within the boundaries of the South Station Community Overlay<br />

District:<br />

Carwash<br />

Utility, Major<br />

Repair Service, general<br />

Vehicle equipment repair, general<br />

(3) Gardner Village Station Community. Uses allowed in the Gardner Village Station<br />

Community shall be the same as those in the Central Business District Zone set forth in<br />

Section <strong>89</strong>-3-1101.<br />

(4) Residential Station Community. Uses allowed in the Residential Station Community shall be<br />

the same as those in the underlying zoning district however, the use applications as identified<br />

below shall be allowed in addition to all underlying zoning district use requirements.<br />

Permitted Uses<br />

Municipal facilities and services<br />

Transit station structures, facilities<br />

Conditional Uses<br />

Off-site parking<br />

Parking structures<br />

Park & Ride Lot


(5) Bagley Station Community. Uses allowed in the Bagley Station Community shall be the same<br />

as those in the underlying zoning district; however, the use applications as identified below<br />

will modify or override any underlying zoning district use requirements<br />

Permitted Uses<br />

Municipal structures, facilities<br />

Park & Ride lots<br />

Seasonal sales of produce and goods<br />

Transit station structures, facilities<br />

Conditional Uses<br />

Club or service organization<br />

Convenience store<br />

Low power radio service utilities<br />

Off-site parking<br />

Outdoor exhibits, displays or sales areas<br />

Restaurant<br />

Small scale public utilities<br />

Wholesale display rooms<br />

The following uses are prohibited within the boundaries of the Bagley Station Community Overlay<br />

District:<br />

Junk or Salvage Yard<br />

Outside storage and operations<br />

Automobile sales Recycling collection station<br />

(6) 5600 <strong>West</strong> BRT Station Communities. Uses allowed in these three (3) station sites shall be as<br />

follows:<br />

a. 5600 <strong>West</strong> Old Bingham BRT Station Community. Uses allowed in the 5600 <strong>West</strong><br />

Old Bingham BRT Station Community shall be the same as those in the underlying<br />

zoning district however, the use applications as identified below will modify or<br />

override any underlying zoning district use requirements.<br />

Permitted Uses<br />

Municipal structures, facilities<br />

Park & Ride lots<br />

Seasonal sales of produce and goods<br />

Transit station structures, facilities<br />

Conditional Uses<br />

Club or service organization<br />

Convenience store<br />

Low power radio service utilities<br />

Off-site parking<br />

Outdoor exhibits, displays or sales areas<br />

Small scale public utilities<br />

Wholesale display rooms<br />

The following uses are prohibited within the boundaries of the Bagley Station Community Overlay<br />

District:<br />

Junk or Salvage Yard<br />

Motor vehicles sales and service<br />

Outside storage and operations<br />

Recycling collection station<br />

b. 5600 <strong>West</strong> 9000 South BRT Station Community. Uses allowed in the 5600 <strong>West</strong> 9000<br />

South BRT Station Community shall be the same as those in the Central Business<br />

District Zone set forth in Section <strong>89</strong>-3-1101.


c. 5600 <strong>West</strong> 7800 South BRT Station Community. Uses allowed in the 5600 <strong>West</strong> 7800<br />

South BRT Station Community shall be the same as those in the Central Business<br />

District Zone set forth in Section <strong>89</strong>-3-1101.<br />

(Ord. No. 05-53, 09-06-2005; Ord. No. 06-30, 07-18-2006; Ord. No. 07-27, 07-17-2007)<br />

Sec. <strong>89</strong>-4-805. Density<br />

The following density requirements shall apply to all residential uses in the applicable Transit Station<br />

Overlay District.<br />

(a)<br />

The following maximum residential density requirements shall apply:<br />

(1) Transit Station Residential Density Table:<br />

Overlay Station<br />

Minimum Residential Density<br />

Per Acre<br />

Maximum Residential Density<br />

Per Acre<br />

<strong>West</strong> <strong>Jordan</strong> City Center 14 units 50 units<br />

South Stat ion<br />

15 units 30 units<br />

Bagley NA NA<br />

Gardner Village Same as underlying zone Same as underlying zone<br />

Residential Stations Same as underlying zone Same as underlying zone<br />

5600 <strong>West</strong> BRT Stations 15 units 30 units<br />

(Ord. No. 05-53, 09-06-2005; Ord. No. 06-30, 07-18-2006)<br />

Sec. <strong>89</strong>-4-806. Street Standards.<br />

(a) Street development standards. All streets developed and maintained within a transit oriented<br />

development shall be developed to technical standards established by the City of <strong>West</strong> <strong>Jordan</strong> for the class of<br />

street being constructed. However, in instances where the developer can show that, due to severe topography,<br />

security requirements, or other special circumstances, that dedication or development to City standards is<br />

impractical or undesirable, the Planning Commission,<br />

after receiving recommendation from the City Engineer<br />

and Fire Chief, may approve modified street standards as part of the final development plan.<br />

(Ord. No. 05-53, 09-06-2005)<br />

Sec. <strong>89</strong>-4-807. Streetscapes.<br />

(a) Building line frontages contribute to the public streetscape and therefore are subject to more<br />

regulation than the rest of the lot. Buildings shall be placed as close to the street space as possible with<br />

orientation to the pedestrian.<br />

(b) Park strips are required on all streets, except alleys, within each station community<br />

right-of-way. Within commercial areas, park strips shall serve the purpose of allowing for quick stops and<br />

shopping. In residential areas, park strips shall serve as buffers between pedestrian walkways and streets.<br />

(c) Street medians are encouraged in all station communities for all major collector right-of-ways.<br />

Medians serve to improve the aesthetic quality of the area, as well as a mid-block resting place for<br />

street-crossings. Medians should be a minimum of five feet wide at intersections and crosswalks and a<br />

minimum of three feet at other portions of the road.


(d) Alleys and interior block spaces shall be allowed and encouraged in all station community<br />

areas. Alleys serve as alternate routes to garages and loading docks that are unseen by the public and therefore<br />

contribute to a pedestrian-friendly environment. The private, interior portions of the lots (toward the alley)<br />

allow commercial operators to utilize these spaces as efficient working environments unseen by the public and<br />

allow residents to have private and semi-private (for apartment and condominium buildings) gardens and<br />

courtyards. Alleys are to be the primary access to garages.<br />

(Ord. No. 05-53, 09-06-2005)<br />

Sec. <strong>89</strong>-4-808. Sidewalks and Pedestrian Circulation.<br />

Convenient pedestrian circulation systems shall be provided to minimize pedestrian-auto conflicts,<br />

and shall be provided continuously throughout each station community district. All streets, except for alleys,<br />

shall be bordered by sidewalks on both sides of the right-of-way in accordance with the City’s adopted Public<br />

Improvement Standard Specifications, and Plans.<br />

(a) Sidewalks shall be required on every street within the station community areas. The minimum<br />

width for sidewalks shall be five-feet (5’) within residential and commercial areas where trees and amenities<br />

are located in a parkstrip. The minimum width for sidewalks in non-residential areas where trees, benches and<br />

public amenities are located within the sidewalk shall be a minimum of eight-feet (8’) in width. Sidewalks in<br />

these non-residential areas should be divided into three (3) practical zones: (1) Zone 1 should be the area<br />

closest to the building is the dining and display area. This area serves for signs from businesses and eating and<br />

resting areas for users. (2) Zone 2 should be the area dedicated for the sidewalk, dedicated and designed for<br />

pedestrian travel and through traffic. (3) Zone 3 should be the area closest to the street and is to be considered<br />

an amenity zone. This area is used for landscaping, street trees, benches, and other aesthetic and practical<br />

features that improve the quality of the pedestrian environment.<br />

(b) Pedestrian walkways shall connect building entrances to each other and connect building<br />

entrances, sidewalks and public streets to existing or planned transit stops.<br />

(c) Where practical, pedestrian walkways shall be raised above grade of streets, drives, parking<br />

lots and other paved areas. Where pedestrian walkways cannot be raised, they shall be constructed of a<br />

material differing in texture from adjacent pavement.<br />

(d) Pedestrian crosswalks shall be clearly discernable and have a different color and texture from<br />

the adjacent pavement/concrete utilized for vehicular circulation.<br />

(Ord. No. 05-53, 09-06-2005)<br />

Sec. <strong>89</strong>-4-809. Parking Requirements.<br />

In order to encourage transit-oriented development throughout the community, maximum-parking<br />

requirements should be reduced. Parking within station community districts shall be shared parking areas or<br />

multi-level parking structures. The following requirements shall apply to all uses allowed in each station<br />

community:<br />

General parking requirements.<br />

(1) Multi-family uses must provide one (1) parking space for every dwelling unit plus 0.5 parking<br />

space(s) for each additional bedroom. A maximum of 1.5 parking spaces is permitted for each<br />

multi-family unit.<br />

(2) A maximum of three (3) parking spaces per 1,000 square feet of office and retail space is<br />

permitted.


(3) On-street parking is permitted and encouraged, and shall be included in the total development<br />

required parking calculations. On-street parking shall be included in the required parking<br />

calculations for a use or structure which fronts, and is adjacent to the on-street parking stall.<br />

(4) Ingress and egress for parking lots shall be from side streets for commercial uses, and from<br />

alleys for residential uses.<br />

Not Allowed Preferred Preferred<br />

Street Street Street<br />

(5) A parking lot or garage may not be adjacent to or opposite a street intersection, nor may any<br />

portion of a parking lot front an arterial street without specific City approval.<br />

(6) Service access. Access for service vehicles and deliveries will be required to provide a direct<br />

route to loading bays and service areas; minimizing movement through parking areas.<br />

(7) Paving. The reduction of impervious surfaces is highly encouraged through the use of<br />

interlocking pavers, particularly for areas with high pedestrian traffic, intersections, and<br />

crosswalks.<br />

(b)<br />

<strong>West</strong> <strong>Jordan</strong> City Center Station requirements.<br />

(1) A developer may request a reduction in the number of parking spaces by City approval,<br />

providing that the developer submit information as to the forecasted trips generated in contrast<br />

to what is forecasted for transit ridership for the station community. Requests for a reduction<br />

in parking spaces shall be recommended by the Zoning Administrator and approved by the<br />

Planning Commission.<br />

(c) Specific Parking Requirements. Parking provided for all new development, except single<br />

family residential, shall comply with the following standards:<br />

(1) All parking lots shall be located behind or on the side of buildings. Parking and maneuvering<br />

areas shall not be located between the primary entrance to a building and the abutting street,<br />

unless its purpose is to provide a direct life-safety function. If parking is located on the side,<br />

screening and buffering shall be provided in accordance with this Code.<br />

(2)<br />

Two (2) or more land uses, within 600 feet of each other, which have distinctly different hours<br />

of operation (example: office and restaurant), may qualify for shared parking. The parking<br />

requirement for the uses may be satisfied in one location accessible to all joint parking uses,<br />

and shall be based upon the use with the highest demand for parking.


a. The documentation for a shared parking request shall be provided with building<br />

permit application(s), and shall include a document indicating a right to use the<br />

parking if not on the same parcel where the parking is located. A licensed traffic<br />

engineer or a certified transportation planner should prepare a study, demonstrating<br />

modal split for project employers and/or visitors, and parking demand for each<br />

anticipated use and/or business within the project. The estimate of parking demand<br />

shall include average daily and peak period demand.<br />

(3) For mixed-use development, a shared parking approach shall be implemented unless<br />

demonstrated infeasible to the satisfaction of the Zoning Administrator. Should shared<br />

parking not be feasible, the applicant shall demonstrate to the satisfaction of the Zoning<br />

Administrator why shared parking is not feasible for the development, and that the total<br />

amount of parking to be provided will not compromise more than 110% of the average daily<br />

peak demand.<br />

(4) Tandem parking spaces for all single-family residential attached, residential duplex, and<br />

residential townhouse units shall be permitted. Tandem parking may be used at feasible<br />

multi-family developments when the use of tandem parking spaces can be assigned to<br />

individual units, and can be under the control of single households.<br />

(5) Parking structures are encouraged as a way to maximize usable land as well as consolidate<br />

parking lots and surface lots. Structures should provide for shared parking. Parking structures<br />

should also be located away from the immediate streetscape. Options for placement include:<br />

center of block, aboveground, belowground, and alley access sites.<br />

(6) Parking structures shall include pedestrian walkways and connections to continuous<br />

pedestrian paths/sidewalks.<br />

(7) Parking structures shall be architecturally integrated or designed in accordance with the same<br />

theme as the entire station community development or to adjacent main buildings.<br />

(8) Blank facades and solid walls at grade are not permitted.<br />

(Ord. No. 05-53, 09-06-2005)<br />

Sec. <strong>89</strong>-4-810. Bicycle Parking and Bike Lanes.<br />

(a)<br />

The required number of bicycle stalls shall be based on the following:<br />

Land Use<br />

Multi-family residential<br />

Retail uses<br />

Office uses<br />

Industrial uses<br />

Park & Ride Facilities<br />

Station Stop<br />

Stall Requirement<br />

1 stall per 3 dwelling units<br />

1 stall per 1,000 sq. ft. of gross floor area<br />

1 stall per 2,000 sq. ft. of gross floor area<br />

1 stall per 5,000 sq. ft. of gross floor area<br />

1 stall per 25 parking stalls<br />

10 stalls<br />

(b) Bicycle parking facilities must be located in a secure and well-lit area within 50-feet of a core<br />

commercial building or common facility entrance. Long-term bicycle parking facilities located within<br />

structures is encourages.


(c) Bike lanes shall be provided according to City Master Plans and construction standards. Bike<br />

lanes should be clearly delineated from the rest of the street space with a clearly demarcated path.<br />

(Ord. No. 05-53, 09-06-2005)<br />

Sec. <strong>89</strong>-4-811. Architectural, Building and Site Design Standards.<br />

A variety of architectural features and building materials is encouraged to give each building or group<br />

of buildings a distinct character.<br />

(a) Height. New structures within the boundaries of a TSOD shall be no more than forty-five feet<br />

(45’) in height for single-family residential, and sixty feet (60’) for mixed-use structures, except for new<br />

structures in the City Center and South Station Communities, which shall meet the criteria for height as stated<br />

in the underlying zoning district. The height requirements for commercial, office, and industrial structures<br />

shall be dictated by the underlying zoning district requirements. An increase to the maximum height<br />

requirement for a structure may be granted by the Planning Commission through a Conditional Use Permit.<br />

(b)<br />

Building Facades and Entry Ways.<br />

(1) All buildings in a TSOD must provide a main entrance on the façade of a building nearest to<br />

and facing a street that connects to the communities transit station.<br />

(2) Building facades must be aesthetically interesting and pleasing and should avoid a uniform<br />

building style.<br />

(3) Architectural style, colors and materials shall be compatible throughout<br />

community.<br />

the station<br />

(4) The style and materials shall compliment the surrounding environment and not detract from<br />

any visual corridor views.<br />

(5) The architectural features, materials and articulation shall be continuous along all sides visible<br />

from any street or pedestrian path. The following is a list of encouraged, but non-inclusive,<br />

architectural features:<br />

a. Cornices<br />

b. Pediment entry<br />

c. Columns or pillar<br />

d. Overhang<br />

e. Window molding<br />

f. Recessed fenestration<br />

g. Portico<br />

h. Overhang<br />

i. Porte-cochere<br />

(6) The front façade of all principle buildings shall face onto the street, and not be oriented toward<br />

a parking lot or parking structure.<br />

( 7) Porches, roof overhangs, hooded front doors, and other architectural façade elements shall<br />

define the front entrance<br />

to all principle structures.


(8) For commercial, retail, and office buildings, a minimum of fifty percent (50%) of the front<br />

façade on the ground floor shall be transparent, consisting of true window or door opening<br />

allowing views into and out of the interior of the building.<br />

(9) Planters and window boxes for flowers and climbing vines are encouraged as building façade<br />

enhancement features.<br />

(10)<br />

Rooflines with visible ornamental features are encouraged. Features may include cornices<br />

and parapets. They should demonstrate a common-sense recognition of the climate by<br />

utilizing appropriate pitch, drainage, and materials in order to provide visual coherence to the<br />

Station Community Planning Areas.<br />

(11) Massing: Buildings should have a visually distinct base that creates a welcoming<br />

environment for pedestrians. The lowest level of the building should have more mass and<br />

bulk in order to be clearly delineated and scaled.<br />

(12) Fenestration: The following standards shall govern building fenestration:<br />

a. All non-residential, street-fronting and sidewalk level development shall provide<br />

fenestration at a minimum of seventy-five percent (75%) of the length of the frontage<br />

of the building on street fronting sides, beginning at a point not more than three-feet<br />

(3’) above the sidewalk, for a height no less than eight-feet (8’) above the sidewalk.<br />

b. Fenestration for non-residential uses shall allow views into the interior. Display<br />

windows shall not have permanently painted, treated or reflective glass.


c. The length of sidewalk level building façade which has no fenestration shall not<br />

exceed ten-feet (10’) in length.<br />

(13) Garage treatments: For all residential structures within a TSOD, the physical and visual<br />

presence of garages shall be minimized, where no overly prominent garages may become de<br />

facto home entry ways.<br />

The following standards shall govern residential garage placement:<br />

a. Where garages are attached to a residential dwelling, the visual prominence of the<br />

garage is to be minimized by recessing the garage behind the main façade of the<br />

residential dwelling, where the garage itself accounts for no more than 40% of the<br />

dwellings façade.<br />

Preferred Preferred Acceptable<br />

Examples of single-family residential garage placements where garage and/or driveway presence is minimized<br />

to help create a pedestrian friendly environment.<br />

(Ord. No. 05-53, 09-06-2005)<br />

Sec. <strong>89</strong>-4-812. Street-oriented Building Placement.<br />

Except for single-family and two-family residences, all buildings shall face a public or private<br />

right-of-way and shall be setback as near the sidewalk edge with as minimal a setback as possible. The setback<br />

of a principle structure/building may be increased to maximum of twenty feet (20’) from a public or private<br />

right-of-way if a courtyard, plaza or social event area, or outdoor dining area is incorporated into the<br />

developments design. Parking lots, parking garages, and drive lanes shall not be allowed between the<br />

right-of-way line of a public or private road (exclusive of alleys) and any building.<br />

(Ord. No. 05-53, 09-06-2005)<br />

Sec. <strong>89</strong>-4-813. Blocks.<br />

Blocks shall not exceed 800-feet in length and must provide links to pedestrian paths/sidewalks at<br />

least every 300-feet.<br />

(Ord. No. 05-53, 09-06-2005)


Sec. <strong>89</strong>-4-814. Open Space Requirements.<br />

(a) The <strong>West</strong> <strong>Jordan</strong> City Center Station Community shall provide at least fifteen percent (15%)<br />

of the total development area for usable open space purposes. Included, as part of the open space requirement<br />

can be pocket parks, mini parks, courtyards, and landscaped social gather areas. Non-landscaped gathering<br />

areas such as plazas and fountain areas will not count toward this open space requirement.<br />

(b) The BRT Station Communities shall provide at least ten percent (10%) of the total<br />

development area for useable open space purposes. Included as part of the open space requirement can be<br />

pocket parks, mini parks, courtyards, and landscaped social gather areas. Non-landscaped gathering areas<br />

such as plazas and fountain areas will not count toward this open space requirement.<br />

(c) Each Station Community Planning Area shall designate at least one public open space with<br />

easy access to residents, employees, and other users of the area. Open spaces located within the Station<br />

Community Planning Areas shall meet certain requirements in order to maintain the aesthetics, compatibility,<br />

and inviting aspects of these areas. Each open space shall provide for at least three (3) of the following five (5)<br />

conditions through its design, placement, or provisions:<br />

(1)<br />

(2)<br />

(3)<br />

Public art<br />

Sitting areas (i.e. stairs, planter boxes, benches, or chairs)<br />

Food (either through immediate restaurants, eateries, vendors, or stores)<br />

(4) Furniture<br />

(5) Water features<br />

(6) Natural light of at least 4-hours of exposure


(Ord. No. 05-53, 09-06-2005)<br />

Sec. <strong>89</strong>-4-815.<br />

Landscaping Standards.<br />

Overall composition and location of landscaping shall complement the scale of the development and<br />

its surroundings. In general, larger, well-placed contiguous planting areas shall be preferred to smaller,<br />

disconnected areas. The following site landscaping standards shall apply to all new development except single<br />

family residential.<br />

(a) Street trees shall be provided on all street frontages, at a minimum of one (1) tree for every<br />

twenty-five feet (25’) of public or private right-of-way. Street trees may be clustered and need not be evenly<br />

spaced. Trees should preferably be placed between the sidewalk and curb in a landscaped strip, or in tree wells<br />

(at least three-feet (3’) in diameter) installed in paved pedestrian path, at least eight-feet (8’) in width.<br />

(b) A minimum of twenty percent (20%) of a residential, office or public/semi-public<br />

development site shall be landscaped. Decorative pavement within a public plaza, excluding sidewalks, may<br />

be counted toward up to one-third of the landscaping provided to meet this requirement. Outdoor play areas<br />

may be counted toward up to one-half of the landscaping provided to meet this requirement.<br />

(c) All parking and loading areas fronting public streets or sidewalks, and all parking and loading<br />

areas abutting residential districts or uses, shall provide:<br />

(1)<br />

A landscaped area at least five-feet (5’) wide along public streets or sidewalks.<br />

(2) One (1) tree for each twenty-five (25) linear feet of parking lot frontage.<br />

(3)<br />

(4)<br />

In large parking lots containing more than 200 spaces, an additional landscaped area of at least<br />

300 square feet shall be provided for each twenty-five (25) spaces or fraction thereof, and<br />

must contain one (1) canopy tree. The remainder shall be covered with turf grass, native<br />

grasses, or other perennial flowering plants, vines, or shrubs.<br />

The corners of parking lots, “islands,” and all other areas not used for parking or vehicular<br />

circulation shall be landscaped. Vegetation can include turf grass, native grasses or other<br />

perennial flowering plants, vines, shrubs or trees. Such spaces may include architectural<br />

features such as benches, kiosks or bicycle parking.<br />

(d) Street Walls and Garden Walls. Street and garden walls establish a clear edge to the street<br />

space where the buildings do not. Masonry walls should define the outdoor space and separate the street space<br />

from the pri vate realm (parking lots, trash cans, gardens, and equipment). All street and garden wall facades


shall be as carefully designed as the building façade. The finished side should be facing out, i.e. the “better”<br />

side facing the street space. A street wall is a masonry wall set back not more than 8 inches from the required<br />

building line or adjacent building façade. A vehicle entry gate (opaque, maximum 18 feet wide) and a<br />

pedestrian entry gate (maximum 6 feet wide) are both allowed as limited substitutions within any required<br />

street wall length. The following materials are permitted.<br />

(1) Native/ regional<br />

stone and equivalent imitation stone<br />

(2) Metal (wrought iron, welded steel and/or aluminum [electro-statically plated black])<br />

(3) Brick or CMU block<br />

(4) A combination<br />

(Ord. No. 05-53, 09-06-2005)<br />

Sec. <strong>89</strong>-4-816. Lighting Standards.<br />

of materials (e.g. stone piers with brick infill panels)<br />

Lighting. Street lighting shall be provided along all streets and alleys. More, smaller lights, as<br />

opposed to fewer, high-intensity lights, should be used. Streetlights shall be installed on both sides of the street<br />

with spacing no greater than seventy-five feet (75’) per fixture. Street lighting design shall meet the minimum<br />

standards developed by the Illumination Engineering Society. Materials and equipment chosen for lighting<br />

fixtures should be durable and weather well. Appropriate lighting is desirable for nighttime visibility, crime<br />

deterrence, and decoration; however, lighting that is too bright or intense creates glare, hinders night vision,<br />

and creates light pollution; therefore, all lighting shall be shielded to prevent up-lighting and light escape. A<br />

s tandard list of approved lighting fixture choices will be available for each station community, or as approved<br />

by the City.<br />

(Ord. No. 05 -53, 09-06-2005)<br />

Sec. <strong>89</strong>-4 -817. Sign Regulation.<br />

A comprehensive sign program is required for each Station Community Planning Areas that<br />

establishes a uniform sign theme. Signs shall share a common style (e.g., size, shape, material). In the<br />

mixed-use area, all signs shall be wall signs, cantilever signs, ‘A’ frames, or in the form of awnings. Cantilever<br />

signs shall be<br />

mounted perpendicular to the building face and shall not exceed eight (8) square feet.<br />

Billboards, banners, and pole signs are not permitted in any Station Community Planning Areas, however,<br />

pole and building flags are permitted. Window signs<br />

will be allowed under the conditions that they only cover<br />

twenty-five percent 25% of the window area.


(Ord. No. 05-53, 09-06-2005)<br />

Sec. <strong>89</strong>-4-818. Development Plan.<br />

A development plan is to be prepared for each designated TSOD. The plan may modify the<br />

boundaries of the overlay district and provide for the physical design of the TSOD relative to public<br />

improvements, development standards, design criteria, and public incentives. The development plan shall<br />

consist of the following:<br />

(a) Existing land uses, property ownership, development character and the relative character of<br />

existing uses within a half-mile of the proposed transit station location.<br />

(b) An independent Real estate market analysis of the proposed development, which takes into<br />

consideration the potential demand for the proposed non-residential uses within the TSOD.<br />

(c)<br />

Analysis of potential impacts to existing infrastructure, including a traffic study.<br />

(d) A preliminary and final development plan for Planning Commission and City Council review<br />

and approval showing the station community and project boundaries, building placement, parking, pedestrian<br />

and bicycle paths, plazas, social gathering centers, and building elevations.<br />

(e) An implementation and phasing timetable.<br />

(Ord. No. 05-53, 09-06-2005)<br />

CHAPTER 5. DEVELOPMENT PROCEDURES<br />

PART 1. GENERALLY<br />

Sec. <strong>89</strong>-5-101. Purpose and scope of chapter.<br />

(a) The purpose of this chapter is to establish the procedures by which developments within the<br />

City are reviewed, approved, permitted, and amended.<br />

(b)<br />

This chapter shall govern the development process for the following:<br />

(1) Site plans for multiple-unit and multiple-family residential, commercial, office, industrial, and<br />

institutional projects.<br />

(2)<br />

Use permits including those for conditional uses, temporary uses, and special exceptions.


(3) Special developments including planned residential developments and planned communities.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-5-102.<br />

Overview of review process.<br />

(a) Description of process. This section describes, in general terms, the process by which new<br />

development requests shall be reviewed by the City. The process may be varied or altered by the City Planner<br />

or the Planning Commission as allowed within this <strong>Title</strong>.<br />

(b) Pre-application conference. The developer contacts the planning staff to be placed on the<br />

agenda for the weekly pre-application conference. At that conference, the developer presents a sketch plan<br />

and/or describes the general nature of the proposed development. The purpose of the pre-application<br />

conference is to better facilitate the development process by establishing initial contacts between the City staff<br />

(principally the planning, engineering and fire marshal's offices) and the developer, as well as seeking to<br />

clarify City requirements in order to eliminate unnecessary delays to the proposed development.<br />

(c) Determination of required applications. The planning staff determines and informs the<br />

developer which type of development applications will be necessary for the review of the proposed project (see<br />

subsections (d) through (i) in this section for specific types of developments and application requirements). If<br />

the proposed development requires the rezoning of property or an amendment of City ordinances, procedures<br />

outlined in section <strong>89</strong>-5-403 shall be followed.<br />

(d)<br />

Submittal of application. The procedure for submitting an application is as follows:<br />

(1) The developer submits a completed application form and other required information. One<br />

application form may be used when several different reviews are to take place at the same<br />

time; however, a separate application is required for any subsequent review.<br />

(2) The planning staff processes the application and distributes copies of the submittals to other<br />

City departments. If Planning Commission review is required, the project may be scheduled<br />

on the next available Planning Commission agenda at the discretion of the City Planner after<br />

consultation with the chair of the Planning Commission. If the application is an uncontested,<br />

routine land use matter, upon a complete application and proper notice, it may receive<br />

informal streamlined review and action by the Planning Staff with the approval by the City<br />

Planner. Reviews and approvals required by other departments must be completed prior to an<br />

application being scheduled on a Planning Commission agenda. The staff shall not approve a<br />

final site plan or final plat until other departments and agencies have approved construction<br />

plans.<br />

( 3) The City Planner or the Planning Commission may require that a developer schedule a<br />

neighborhood meeting to discuss the proposal with surrounding property owners if the<br />

development appears large in scale or controversial.<br />

(e) Action on application. Following review of the application by the appropriate reviewing<br />

body, one of the following actions will be taken:<br />

(1) Approval of the request as presented;<br />

(2) Approval of a modification to the request;<br />

(3) Postponement of a determination where further information or input is deemed to be


necessary; or<br />

(4)<br />

Denial of the request.<br />

(f) Final staff review. Following an action of final approval, the developer shall submit any<br />

additional information or make any additional corrections as required by City ordinances and/or conditions of<br />

approval. City staff will then complete final review and approval of the proposed development. The following<br />

actions may then take place:<br />

(1) Execute any required development letter.<br />

(2) Submit an executed improvement guarantee.<br />

(3) Pay appropriate impact fees.<br />

(g) Submitt al of application and plans for building permit. An application for a building permit is<br />

submitted with building plans. The building plans are then reviewed by City staff for compliance with all<br />

appropriate laws, ordinances, regulations and any related condition of approval.<br />

(h) Issuance of building permit. Upon approval of the building plans, building permit fees are<br />

paid and the building permit is issued.<br />

(i) Pre-construction conference. After plans are approved and inspection fees paid but prior<br />

commencement of development of any subdivision or the construction of any multi-unit residential,<br />

commercial, industrial, office, or institutional building, a pre-construction conference shall be held between<br />

City staff and the developer, the general contractor, and major subcontractors.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 05-69, 12-06-2005)<br />

Sec. <strong>89</strong>-5-103. Required application submittals.<br />

(a) Basic submittals. Basic submittals for any development review include the completed<br />

application f orm, the owner affidavit, and the required review fee as specified by resolution of the City<br />

Council, and other applicable information as specified the City’s Public Improvement Standards,<br />

Specifications and Plans manual.<br />

(b) Traffic Impact Study. A Traffic Impact Study (TIS), in conformance with the City’s Public<br />

Improvement Standards, Specifications, and Plans manual, shall be required for any development that<br />

generates 100 or more peak hour trips. The TIS shall be performed and recommendations prepared by a<br />

qualified traffic engineer selected by developer from a list maintained by the Utah Department of<br />

Transportation of locally approved traffic engineers.<br />

(c) Storm water pollution prevention plan (SWPP). A storm water pollution prevention plan<br />

(SWPP) shall be required for any development that equals or exceeds one acre in area. The SWPP shall be<br />

prepared in compliance with applicable provisions of the City’s Public Improvement Standards, Specifications<br />

and Plans manual.<br />

(d) Lot grading plan. A lot grading plan shall be required for all development. The lot grading<br />

plan shall be prepared in compliance with applicable provisions of the City’s Public Improvement Standards,<br />

Specifications and Plans manual.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-5-104. Approval criteria.


(a) In considering any application for preliminary or final development approval, the Planning<br />

Commission and/or City staff shall be guided by the following criteria and shall have the duty and power to<br />

approve, disapprove, and/or require modifications as deemed necessary to carry out the purposes of this <strong>Title</strong>,<br />

good site planning practices, and steps needed for architectural compatibility with surrounding development:<br />

(1) The proposed development follows all provisions of this <strong>Title</strong> and all other applicable City<br />

ordinances and standards.<br />

(2) The proposed development does not have any detrimental effect upon the general health,<br />

welfare, safety and convenience of persons, residing or working in the neighborhood; or is not<br />

detrimental or injurious to the neighborhood.<br />

(3) The proposed development promotes a desirable relationship of structures to one another,<br />

open spaces and topography both on the site and in surrounding neighborhoods.<br />

(4) The height, area, setbacks and overall mass, as well as parts of any structure (buildings, walls,<br />

signs and lighting) and landscaping are appropriate to the development, the neighborhood and<br />

the community.<br />

(5) The proposed development considers and fully addresses traffic impacts. Ingress, egress,<br />

internal traffic circulation, off-street parking facilities, loading and service areas, and<br />

pedestrian ways are so designated as to promote safety and convenience.<br />

(6) The architectural character of the proposed development is in harmony with and compatible to<br />

those structures in the neighboring environment and the architectural character adopted for<br />

any given area, avoiding excessive variety or monotonous repetition.<br />

(7) The architectural character of the proposed development addresses the climate of this region<br />

by using exterior materials of a nature that will withstand prolonged exposure to the elements<br />

with only minimum maintenance required. In order to ensure compliance with this criteria,<br />

the Planning Commission may require additional reports or information regarding proposed<br />

building materials.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-5-105. Conditions of approval.<br />

(a) In the approval of any development, the Planning Commission or City staff may condition the<br />

approval by listing items which need to be met or addressed by the development. Such conditions may be<br />

included in order to:<br />

(1) Mitigate recognized impacts of the development on adjacent and nearby uses.<br />

(2) Call out a more specific design requirement or an exception to a design requirement where<br />

allowed by this <strong>Title</strong>.<br />

(3) Emphasize a specific development standard or subsequent review required elsewhere by this<br />

<strong>Title</strong> or other City ordinances.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

PART 2. ADEQUATE PUBLIC FACILITIES


Sec. <strong>89</strong>-5-201. Purpose and scope of part.<br />

(a) The purpose of the adequate public facilities (APF) management system is to establish an<br />

ongoing mechanism which ensures that public facilities and services needed to support development are<br />

available concurrently with the impacts of such development.<br />

(b) This section shall apply to all development in the City.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-5-202. APF management system.<br />

(a) Adequate public facilities management system established. In order to implement the City’s<br />

goals and policies, the adequate public facilities management system (APF management system) is hereby<br />

established. The APF management system is incorporated into and shall be part of development review<br />

procedures as well as the process for issuance of building permits.<br />

(b) General requirements. Approval of all development shall be conditioned upon providing<br />

adequate public facilities and services necessary to serve new development. No building permit shall be issued<br />

unless such public facilities and services are in place or the commitments described in section <strong>89</strong>-5-204 have<br />

been made.<br />

Under the APF management system, the following is required:<br />

(1)<br />

The City shall adopt and maintain level of service standards for the following public facilities:<br />

water, sanitary sewer, storm drainage, fire and emergency services, and any other public<br />

facilities and services required by the City.<br />

(2) No site specific development plan or building permit shall be approved or issued if such<br />

approval or issuance will result in a reduction in the levels of service below the adopted level<br />

of service standards for the affected facility.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-5-203. Level of service standards.<br />

(a) For the purpose of review and approval of new development and the issuance of building<br />

permits, the City hereby adopts the following level of service standards for the public facilities and services<br />

identified in section <strong>89</strong>-5-202(b)(1) above.<br />

(1)<br />

Water. All development shall provide adequate and functional water lines and stubs to each<br />

lot as required by applicable current City and/or special district design criteria and<br />

construction standards.<br />

(2)<br />

(3)<br />

Sanitary sewer. All development shall provide adequate and functional sanitary sewer mains<br />

and stubs to each lot as required by applicable current City and/or special district design<br />

criteria and construction standards.<br />

Storm drainage. All development shall provide storm drainage facilities and appurtenances as<br />

required by this <strong>Title</strong> and by all current City storm drainage master plans, design criteria and<br />

construction standards.<br />

(4) Fire and emergency services. All development shall provide fire suppression facilities as<br />

required by the fire code.


a. Fire suppression facilities must be located within a sufficient distance, taking into<br />

consideration speed limits and distances of roadways connecting a new development<br />

to said fire suppression facilities, to allow for the following emergency response times<br />

to 90% of the calls for emergency fire and medical service.<br />

(i)<br />

(ii)<br />

(iii)<br />

Four minutes or less from the end of turnout time for the arrival of the first<br />

arriving engine company at a fire suppression incident and eight minutes or<br />

less for the deployment of a full first alarm assignment at a fire suppression<br />

incident.<br />

Four minutes or less from the end of turnout time for the arrival of a unit with<br />

first responder or higher level capability at an emergency medical incident.<br />

Eight minutes or less from the end of turnout time for the arrival of an<br />

advanced life support unit at an emergency medical incident where this<br />

service is provided by the fire department.<br />

(iv) Four minutes or less from the end of turnout time for the arrival of EMS for<br />

providing advanced life support.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-5-204. Minimum requirements for adequate public facilities.<br />

(a) The City’s APF management system shall ensure that public facilities and services to support<br />

development are available concurrently with the impacts of development. The following standards shall be<br />

used to determine whether a development meets or exceeds the minimum requirements for adequate public<br />

facilities.<br />

(1)<br />

For water and wastewater facilities, at a minimum, the City shall require that, at the time of<br />

issuance of any building permit issued pursuant to a site-specific development plan, all<br />

necessary facilities and services, as described in section <strong>89</strong>-5-203, are in place and available to<br />

serve the new development in accordance with the approved utility plan or development<br />

agreement for the development.<br />

(2) For storm drainage facilities, the City shall require that all necessary facilities and services, as<br />

described in section <strong>89</strong>-5-203(3), are in place and available to serve the new development in<br />

accordance with the approved drainage and erosion control report, utility plans, or<br />

development agreement for such development.<br />

(b)<br />

(1)<br />

The timing of installation of such facilities and service shall be as follows:<br />

Where multiple building permits are to be issued for a project, 25 percent of the building<br />

permits and certificates of occupancy may be issued prior to the installation and acceptance of<br />

the drainage facilities. Prior to the issuance of any additional permits, the installation and<br />

acceptance of the drainage facilities shall be required.<br />

(2) For projects involving the issuance of only one building permit and certificate of occupancy,<br />

the installation and acceptance of the drainage facilities shall be required prior to the issuance<br />

of the certificate of occupancy.<br />

(3) For fire and emergency services, at a minimum, the City shall require that, at the time of


issuance of any building permit issued pursuant to a site-specific development plan, all<br />

necessary facilities and services, as described in section <strong>89</strong>-5-203(4), are in place and<br />

available to serve the site within the new development where the building is to be constructed<br />

in accordance with the International Fire Code, this <strong>Title</strong>, or a development agreement.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

PART 3. SITE PLANS<br />

Sec. <strong>89</strong>-5-301. Purpose and scope of part.<br />

(a) The purpose of this part is to establish procedures by which site plans within the City are<br />

reviewed, approved, permitted and amended.<br />

(b) This part shall govern the development process for the following:<br />

(1)<br />

Multi-family or multi-unit residential developments.<br />

(2) Retail, professional office, industrial and institutional buildings and projects.<br />

(3)<br />

Developments of public facilities, open space, and parks.<br />

(4) Mixed-use projects.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-5-302.<br />

Required site plan review.<br />

Preliminary and final site plan reviews are required for all developments in all zones except as<br />

provided below:<br />

(1)<br />

Residential construction. Site plan review and the associated fees shall not be required for<br />

residential dwellings in the residential or agricultural zones.<br />

(2) Accessory buildings and additions. Site plan review and the associated fees shall not be<br />

required for accessory buildings or main building additions in residential or agricultural<br />

zones. Site plan review and the associated fees shall not be required for up to two accessory<br />

buildings or main building additions per lot in other zones provided that the proposed<br />

construction meets the following criteria:<br />

a. The floor area of each proposed accessory building or main building addition is not<br />

larger than 25 percent of the floor area of the existing main building to a maximum of<br />

5,000 square feet.<br />

b. Each proposed accessory building or main building addition meets all zoning<br />

requirements.<br />

c. Each proposed building or main building addition is architecturally compatible with<br />

the existing main building.<br />

(3) M-1 site plans. If development of a parcel or parcels in the M-1 zone is proposed, the<br />

developer shall comply with final site plan requirements contained in section <strong>89</strong>-5-307 and


submit six copies of the plans to the City Planner for review. If a subdivision plat is required,<br />

a final plat as required by the City’s Subdivision Ordinance must be completed before site<br />

plans in the M-1 zone may be reviewed by the City Planner If the City Planner determines that<br />

the proposal is of significant size or complexity to warrant review by the Planning<br />

Commission, the developer shall follow procedures for site plan review by the Planning<br />

Commission.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 05-69, 12-06-2005)<br />

Sec. <strong>89</strong>-5-303. Review procedure.<br />

(a) For large scale developments, 5.1 acres or larger, a pre-application meeting with staff and<br />

preliminary site plan review by the Planning Commission are required. Public notice is required for the<br />

preliminary site plan review by the Planning Commission. The final site plan shall be reviewed for consistency<br />

with conditions of the approved preliminary site plan and a decision for approval, or approval with conditions,<br />

or denial shall be made by staff<br />

(b) For small scale developments, 5 acres or smaller, a pre-application meeting with staff is<br />

required. Public notice is required for a preliminary site plan review by the Planning Commission. Staff may<br />

review preliminary and final site plans. However, if the City Planner or the Planning Commission determines<br />

that the project is of significant size or complexity, preliminary review and a public hearing will be by the<br />

Planning Commission.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 05-69, 12-06-2005)<br />

Sec. <strong>89</strong>-5-304. Expiration of approved site plans.<br />

(a) An approved preliminary site plan shall remain valid for one year following the date of the<br />

approval.<br />

(b) Approval of a final site plan shall become null and void if development does not commence<br />

within one year of the approval. For the purpose of this section, “commencement of development” means<br />

installation of building foundations. In phased developments, additional phases after the first one shall receive<br />

final site plan approval within three years of each other or the preliminary site plan approval shall become null<br />

and void.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-5-305.<br />

(a)<br />

follows:<br />

Conceptual site plan review requirements.<br />

Submittal requirements for conceptual site plan review by the Planning Commission are as<br />

(1) Conceptual site plan review fee as established by resolution of the City Council, which <strong>Title</strong>s<br />

the applicant to two reviews if necessary.<br />

(2) Four copies of the conceptual site plan for the entire project area drawn on eight and<br />

one-half-inch by 11-inch or larger paper to a scale of one inch to 30 feet or larger which<br />

includes the following information:<br />

a. Project name and address.<br />

b. North point, scale, and date.<br />

c. Names, addresses, and telephone numbers<br />

of developer, engineer, and current and


prospective owners.<br />

d.<br />

Acreage, property dimensions, and project perimeter.<br />

e. All proposed phases of development, numbered and defined, with approximate<br />

timetable for development.<br />

f. Location of entire development in relation to surrounding neighborhoods and<br />

developments (include names of adjacent subdivisions and developments, adjacent<br />

property owners’ names and addresses, and adjacent land uses and buildings).<br />

g. Existing lot lines, dimensions, and area.<br />

h. Existing and proposed walkways, streets, and rights-of-way (public and private).<br />

i. Existing and proposed utilities infrastructure including fire hydrants, culinary water,<br />

sewer lines, and storm sewer system.<br />

j. Conceptual building elevations or examples of similar structures to be constructed.<br />

k. Location of existing and proposed buildings, signs, dumpster, and utility enclosures,<br />

fences, and other structures.<br />

l. General landscaping plan.<br />

m. General parking, access, and loading plans.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 07-17, 05-15-2007)<br />

Sec. <strong>89</strong>-5-306. Preliminary site plan review requirements.<br />

(a)<br />

Submittal requirements for preliminary site plan review are as follows:<br />

(1) Preliminary review fee as established by resolution of the City Council, which entitles the<br />

applicant to two reviews if necessary.<br />

(2) Six copies of the preliminary site plan for the entire project area drawn on 24-inch by 36-inch<br />

paper to a scale not exceeding one-inch equals 100 feet. The preliminary development plan<br />

shall include all information required for the conceptual plan plus the following additional<br />

information:<br />

a. Existing and proposed easements, walkways, streets, and rights-of-way (public and<br />

private), including widths, names and numbers, on subject and surrounding areas;<br />

proposed dedications of public use areas; existing and proposed curbs, gutters and<br />

sidewalks.<br />

b. Topography (contours at two-foot intervals) and site drainage plan.<br />

c. Existing vegetation to remain on development and natural features of the land.<br />

d. Existing waterways (including irrigation ditches), significant vegetation, and natural<br />

features of the land.<br />

e. A preliminary grading plan that is consistent with standards of Chapter 1 of the <strong>West</strong>


<strong>Jordan</strong> Public Improvement Standards, Specifications, and Plans manual.<br />

f. Utah State Department of Transportation approval if adjacent to State roads; approval<br />

of county flood control; approval of Army Corps of Engineers in wetlands or high<br />

water table areas; approvals of power, gas, telephone, and cable companies where<br />

easements are proposed<br />

g. Flood hazard boundary, wetlands, and high water table areas.<br />

h. Geologic hazards including fault lines, liquefaction potential.<br />

i. Existing and proposed utilities infrastructure including fire hydrants, culinary water,<br />

sewer lines, and storm sewer system.<br />

j. Location and elevation drawings of existing and proposed buildings, signs, dumpster<br />

and utility enclosures, fences and other structures, including materials and colors.<br />

k. Preliminary Landscape Plan.<br />

l. General parking, access, and loading plan.<br />

(3) A Traffic Study complying with provisions of the Public Improvement Standards,<br />

Specifications, and Plans manual shall be prepared and submitted with the preliminary<br />

development plan.<br />

(Enacte d by Ord. No. 03-40, 07-15-2003; Ord. No. 05-69, 12-06-2005; Ord. No. 07-17, 05-15-2007)<br />

Sec. <strong>89</strong>-5-307. Final site plan review requirements.<br />

(a) Submittal requirements. The final site plan drawing shall reflect compliance with all City<br />

ordinances and all Planning Commission requirements. The area of the final site plan shall include and be<br />

identical to t hat area of the approved preliminary site plan. If the project will be completed in phases, phasing<br />

boundaries shall be identical to those shown on the preliminary plans. Additional phases of the development<br />

may receive fina l site plan approval at later times according to the requirements of this section. All technical<br />

and design data shall be performed by a registered engineer. The submittal shall include:<br />

(1)<br />

Planning Commission application.<br />

(2) Final review fee as established by resolution of the City Council.<br />

(3) Storm water pollution prevention plan as required by Section <strong>89</strong>-5-103(c).<br />

(4) Lot grading plan(s) as required by Section <strong>89</strong>-5-103(d).<br />

(5) Six copies of the final site plan drawn on 24” x 36” paper to a scale not exceeding one inch<br />

equals 100 feet. The final development plan shall include all information required for the<br />

preliminary plan plus the following additional information:<br />

a. Final Landscape and Irrigation Plans conforming to the requirements of Sections<br />

<strong>89</strong>-6-703.


. Parking, access, and loading plan.<br />

c. On-site and off-site lighting plan.<br />

(6) Department approval of improvement construction plans<br />

(b) Improvements. In addition to the requirements of this part, and as a condition to and<br />

prerequisite of development approval, the developer shall install improvements as provided in Chapter 6 of<br />

this <strong>Title</strong>. All such improvements shall be installed according to the specifications and conditions contained<br />

therein and in accordance with the City’s Public Improvement Standards, Specifications and Plans manual.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-5-308.<br />

(a)<br />

General design standards.<br />

Open space.<br />

(1) Functional open space enhances circulation within a site and contributes to the site's aesthetic<br />

qualities. When open space appears on a site plan, it shall be designed to be accessible and<br />

usable by people.<br />

(2)<br />

With respect to open space, bigger is not necessarily better. A series of small areas, each<br />

provided with attractive places to sit, etc., may foster more human interrelationship than a<br />

large monolithic space. Open space shall be created with comfortable places, attractive<br />

exhibits, and easy access in order to attract public use. Any public open space shall be<br />

designed to human scale to encourage human interaction.<br />

(3) People are attracted to public areas with shade during large portions of the summer in the City.<br />

Usable public space shall utilize shading by arcades or landscaping unless otherwise<br />

prohibited by site visibility triangles or other technical constraints.<br />

(b) Wall plane projections or recesses. Pedestrian or human scale of a building within a project is<br />

an important element of site plan design. For this reason the facades of larger buildings shall be “broken up”<br />

by using wall plane projections or recesses<br />

(1) In the multiple-family residential zones (R-3), commercial zones (C-G, C-M, SC-1horizontally, shall incorporate wall plane projections or recesses when they face a public or<br />

SC-2, and<br />

SC-3), and office zones (P-O and BR-P) facades greater than 50 feet in length, measured<br />

private street or are adjacent to any residential zone. All other facades in these zones shall<br />

incorporate wall plane projections or recesses on facades having horizontal lengths of 100 feet<br />

or more.<br />

(2) In manufacturing zones (MP, M-1, and M-2) facades greater than 100 feet in length, measured<br />

horizontally, shall incorporate wall plane projections or recesses. No uninterrupted length of<br />

any façade shall exceed 100 horizontal feet<br />

(3) Building in commercial, office, and manufacturing zones shall incorporate at least one of the<br />

following architectural features in the design of building facades: a repeating pattern such as a<br />

color change; texture change; material module change; canopies or porticos; overhangs;<br />

arcades; peaked roof forms; display windows; columns, pilasters, or colonnades; or,<br />

porte-cocheres.<br />

(4) Wall plane projections or recesses shall extend from, or be set into, the predominant


horizontal plane of the building not less than eight inches and shall be architecturally<br />

integrated so as not to appear to be an afterthought. The minimum width of such features shall<br />

be not less than 24 inches for columns, pilasters, and other similar features. All other<br />

architectural features shall be not less than 72 inches and shall be equal to the height of the<br />

building unless a lesser height is approved by the Planning Commission.<br />

(c) Building transition and scale. An orderly transition created by such means as stair-stepping<br />

building height, breaking up the mass of the building, and shifting building placement results in a coherent<br />

streetscape and mitigates the impact of differing building scales and intensities. The proposed building shall<br />

respect the scale of those buildings located on adjacent properties and, where desirable, serve as an orderly<br />

transition to a different scale. In areas undergoing change, long-range plans shall be consulted for guidance as<br />

to appropriate densities and intensities. This guideline shall not further restrict development intensity and/or<br />

density from what is allowed in the zoning ordinance.<br />

(d)<br />

(1)<br />

(2)<br />

Building materials and colors.<br />

Facade colors shall be low reflectance, subtle, neutral, or earth tone colors.<br />

Predominant exterior building materials shall be high-quality, durable, materials, including,<br />

but not limited to, brick, rock, sandstone, steel, stone, stucco, synthetic stone, tinted/textured<br />

concrete masonry units, wood and masonry fiberboard simulating wood.<br />

(e) Building placement. Existing developed pedestrian paths should be respected. Building<br />

additions and alterations should not eliminate an existing developed pedestrian path or public area.<br />

(f)<br />

Building orientation.<br />

(1) Energy efficiency and comfort of its inhabitants are essential to the successful design of a<br />

building. To the extent possible, building should be oriented to minimize east/west exposures<br />

and should utilize high performance technological solutions and/or shade control. The<br />

proposed building orientation should respect climactic conditions by minimizing heat gain<br />

and considering the impact of shade on adjacent land uses and areas.<br />

(2) Maintaining continuity of pedestrian routes is desirable. The proposed building orientation<br />

should relate to other buildings on the same site in regard to pedestrian circulation as well as to<br />

surrounding buildings.<br />

(3) Service areas such as loading docks, refuse collection areas, and similar facilities that could be<br />

sources of odor, noise and smoke, or could be visually objectionable should not be located in<br />

highly traveled areas. Service areas should be located away from public view.<br />

(4) Placement of the building in relation to the surrounding elements is as important as the<br />

building design. The proposed building orientation should respect the orientation of<br />

surrounding buildings and the orientation of surrounding streets.<br />

(g) Equestrian paths. An adequate surface and width for equestrian paths is necessary for safe<br />

and dust free use. Where equestrian paths are provided, they should be constructed of natural material or<br />

decomposed granite with a diameter of one-half inch or less to a depth of three or four inches and be a<br />

minimum<br />

of ten feet in width.<br />

(h)<br />

Articulation.


(1) Buildings should be accessible for pedestrians and public transit users, not just for people<br />

driving private automobiles. Building entrances should be identifiable and directly accessible<br />

from a public sidewalk.<br />

(2) A building should reflect a human scale and be inviting to the public. The building facade<br />

should be designed to provide a sense of human scale at ground level.<br />

(3)<br />

(i)<br />

A controlled physical environment discourages criminal activities. Facilities should have<br />

proper security lighting and consider security hardware, surveillance measures, and building<br />

design so that the facility provides safe environment.<br />

Public amenities.<br />

(1) Overhangs and canopies can provide a shaded walking area. Overhangs and canopies should<br />

be integ rated in the building design along all pedestrian thoroughfares.<br />

(2) All facilities should be usable by everyone. Eliminating items that are hazardous to the<br />

physically disabled makes the facilities safer for everyone. All building access and site<br />

amenities should be accessible to the physically disabled.<br />

(3) Pedestrian amenities help to encourage the use of public spaces. Comfortable and attractive<br />

street furniture that is accessible to the physically disabled should be provided in public spaces<br />

for public enjoyment and comfort such as seating and tables for eating, drinking fountains,<br />

trash receptacles, information kiosks, and directories.<br />

(j)<br />

Overall design issues.<br />

(1) Incorporating bus shelters into the site design helps to maximize their function and promotes<br />

greater usage. Where an existing or future bus stop is located on a proposed site or on street<br />

frontage adjacent to a proposed site, the proposed site plan shall demonstrate how the bus<br />

stop/shelter is integrated with the site. The bus stop/shelter shall be located near building<br />

entries and/or activity area(s) or convenient to designated pedestrian walkways between the<br />

bus stop/shelter and the building entry and/or activity areas. The walkways shall be accessible<br />

to persons with disabilities and shall be shaded and lighted.<br />

(2) Site design should consider its contribution to the established street environment by<br />

enhancing views and promoting interaction for pedestrians on the site. The proposed site plan<br />

should enhance the street context and take into account view corridors along the street as well<br />

as the opportunity for pedestrian interaction at street level.<br />

(3) Clearly defined buffers enhance the attractiveness of the streetscape and promote pedestrian<br />

safety. The site plan should clearly express the separation between pedestrian and vehicular<br />

traffic.<br />

(Enacted by O rd. No. 03-40, 07-15-2003; Ord. No. 05-69, 12-06-2005)


PART 4. AMENDMENTS AND SPECIAL APPROVALS<br />

Sec. <strong>89</strong>-5-401.<br />

Purpose and scope of part.<br />

The purpose of this part is to establish the procedures by which General Plan amendments,<br />

amendments to the Zoning Ordinance and Zoning Maps, conditional use permits, temporary use permits and<br />

variances within the City are reviewed, approved, permitted, and amended.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-5-402 General Plan Amendments.<br />

(a) The Planning Commission shall prepare a comprehensive update to the General Plan at least<br />

once every five years.<br />

(b) Persons who wish to propose amendments to the General Plan shall file an application 36 days<br />

prior to the hearing date. Notwithstanding the foregoing, the Planning Commission may authorize proposed<br />

General Plan amendments to be heard prior to the regularly scheduled dates. The motion authorizing a change<br />

in the date for<br />

consideration of an amendment shall clearly state the public purpose and reasons for acting<br />

immediately.<br />

(c) The Planning Commission shall forward a recommendation to the City Council within 60<br />

days after closing a public hearing on the proposed amendment. If the Planning Commission fails to forward a<br />

recommendation on the proposed amendment within 60 days, it shall be forwarded to the City Council as if the<br />

Planning Commission had made a negative recommendation.<br />

(d)<br />

The City Council may consider General Plan amendments as needed.<br />

(e) Except for General Plan amendments proposed by the City Council or Planning Commission,<br />

persons proposing General Plan amendments shall do the survey and analysis work necessary to justify the<br />

proposed amendment. To ensure the Planning Commission and City Council have sufficient information to<br />

evaluate each proposal, an applicant shall submit the following information:<br />

(1) For General Plan land use amendments a written petition shall be submitted which includes<br />

the following information:<br />

a. Map with dimensions of 81/2” x 11” showing the area of the proposed amendment.<br />

b. Current copy of County Assessor’s parcel map showing the area of the proposed<br />

amendment.<br />

c. Mapped inventory of existing land uses within the area of the proposed amendment<br />

and extending one-half mile beyond such area.<br />

d.<br />

Correct property addresses of parcels included within the area of the proposed<br />

amendment.<br />

e. Written Statement specifying the potential use of property within the area of the<br />

proposed amendment.<br />

f. Written Statement explaining why the existing General Plan designation for the area<br />

is no longer appropriate or feasible.


g. Analysis of the potential impacts of the proposed amendment on existing<br />

infrastructure and public services such as traffic, streets, intersections, water and<br />

sewer, storm drains, electrical power, fire protection, garbage collection, etc.<br />

h. As part of the General Plan land use map amendment process, the applicant shall<br />

attempt to collect the signature of the property owner or authorized agent or, in the<br />

case of amendments affecting multiple properties, the signatures of a majority of the<br />

persons who own property within the area proposed for the General Plan land use map<br />

amendment.<br />

(2) For General Plan text amendments a written petition shall be submitted which includes the<br />

following information<br />

a. Written Statement showing the desired language change.<br />

b. Written Statement explaining why existing General Plan language is no longer<br />

appropriate or feasible.<br />

c. Analysis of the potential impacts of the proposed amendment.<br />

d. Map showing affected areas if the text change will affect specific geographic areas.<br />

(Enacted by Ord . No. 03-40, 07-15-2003; Ord. No. 05-69, 12-06-2005; Ord. No. 07-28, 08-21-07)<br />

Sec. <strong>89</strong>-5-403.<br />

Amendments to zoning ordinance and map.<br />

(a) Petition requirements. Any person or organization seeking an amendment of the zoning<br />

ordinance or zone map shall submit to the Development Services Department a written petition containing the<br />

following information:<br />

(1) Designation of the specific zone change or text amendment desired.<br />

(2) The reason and justification for such zone change or text amendment and a Statement setting<br />

forth the manner in which a proposed amendment or zone map change would further promote<br />

the objectives and purposes of this <strong>Title</strong> and the General Plan.<br />

(3) A complete and accurate legal description of the area proposed to be rezoned or a draft of the<br />

proposed text amendment.<br />

(4) An accurate plat or a copy of a recorded plat, drawn to scale with appropriate dimensions,<br />

showing all areas to be included within the proposed rezoning, showing the present zoning of<br />

the subject property and immediately adjacent properties.<br />

(5) A list of all property owners within a radius of 300 feet of the boundaries of the property to be<br />

rezoned, as taken from the latest assessment rolls prepared by the Salt Lake County Assessor,<br />

accompanied by addressed, stamped envelopes ready for mailing to all names on the list.<br />

(6) A nonrefundable filing fee for a zone change or text amendment application as established by<br />

resolution of the City Council shall be paid. An application initiated by the City shall be<br />

exempt from paying the required filing fee. The City manager shall implement appropriate<br />

accounting practices and records to verify that $50.00 of the filing fee is transferred to the


line-item expense account for publication costs for notices of public hearing, to pay for the<br />

costs of publication of the statutorily required notice of public hearing.<br />

(b) Planning Commission review. Upon receipt of a written petition, the Community<br />

Development Director or his designee shall forward a copy of all material to the Planning Commission for<br />

consideration. Each proposed amendment shall be reviewed by the Planning Commission at a public hearing,<br />

after which the Planning Commission shall forward its recommendations to the City Council for final action on<br />

the proposed amendment. Prior to amendment of this <strong>Title</strong> or the Zoning Map, it must be found that such<br />

amendment is in the interest of the public, and is consistent with the goals and policies of the General Plan.<br />

The City Council may also conduct a public hearing on the proposed amendment if they determine it to be in<br />

the public’s best interest. Prior to making a positive recommendation to the City Council for Zoning Map or<br />

Zoning Ordinance text amendment, the Planning Commission shall make the following findings:<br />

(1) The proposed amendment is consistent with the purposes, goals, objectives, and policies of<br />

the City’s General Plan;<br />

(2) The proposed amendment is harmonious with the overall character of existing development in<br />

the immediate vicinity of the subject property;<br />

(3) The proposed amendment will not adversely affect adjacent properties;<br />

(4) The proposed amendment is consistent with the provisions of any applicable overlay zoning<br />

districts which may impose additional standards; and<br />

(5) Public facilities and services intended to serve the subject property, including but not limited<br />

to roadways, parks and recreational facilities, police and fire protection, schools, storm water<br />

drainage systems, water supplies, and wastewater and refuse collection, are adequate.<br />

(c) Limitation on rezoning requests. No application for rezoning shall be accepted for a lot that<br />

was the subject of an rezoning action within the previous year. However, the City Council may reconsider a<br />

rezoning request sooner than the expiration of the one-year period if:<br />

(1) At least one City Council member, who voted with the prevailing majority on the earlier City<br />

Council action, moves to have the City Council reconsider the matter and a quorum of the City<br />

Council approves the reconsideration; and<br />

(2)<br />

Appropriate notices are published and a public hearing held as required by law. The City<br />

Council may determine if referral to and reconsideration of the rezone by the Planning<br />

Commission will be required.<br />

(d) Notice costs. All notification, publication, and mailing costs of a rezoning reconsideration<br />

shall be borne by the landowner and/or applicant, unless waived by the City Council.<br />

(e) Compliance with General Plan. All text and Zoning Map amendments should be made in<br />

accordance with the City’s General Plan. It is hereby declared to be the policy of the City that this <strong>Title</strong> should<br />

be amended only when changed or changing conditions render the proposed amendment reasonably necessary<br />

to promote the purposes of this <strong>Title</strong> and the City’s General Plan.<br />

(f) Reevaluation of prior zoning. If no application for site plan approval or development has been<br />

filed within one year of the establishment of a new zoning district, or if a building permit has not been issued<br />

and construction commenced within two years of the establishment of a new zoning district, the City Council,<br />

by<br />

resolution, may at any time thereafter direct a study to reevaluate the appropriateness of a particular zoning


designation<br />

or district. Following such study, the City Council, by resolution, may initiate an action to<br />

consider the previous rezoning. Such action shall be based on a determination that changing conditions or<br />

circumstances related to the area or site, or changes to the City’s General Plan warrant such reconsideration.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 05-69, 12-06-2005)<br />

Sec. <strong>89</strong>-5-404.<br />

Conditional uses.<br />

(a) Conditional use permits. Conditional use permits shall be required for all uses listed<br />

conditional uses in this <strong>Title</strong>.<br />

as<br />

(b) Submittal requirements. Submittal requirements for a conditional use permit are as follows.<br />

(1) Application for a conditional use permit, on a form provided by the City, shall be made to the<br />

Development Services Department accompanied by a filing fee as established by resolution of<br />

the City Council.<br />

(2) A detailed site plan at a scale of 1” = 50’ or larger shall be submitted which shows: ingress,<br />

egress, building setbacks, adjacent property owners, parking (if applicable) and fencing.<br />

(3) If new buildings or structures are proposed as part of the request, conceptual architectural<br />

elevation and floor plans shall be provided. Exterior materials and colors shall be indicated.<br />

(4) A conceptual landscape plan.<br />

(5) The applicant shall supply the names and addresses of all property owners within 300 feet of<br />

the subject property along with stamped and labeled, letter-sized envelopes.<br />

(c) The application, together with all pertinent information, shall be considered by the Planning<br />

Commission, or the Zoning Administrator in the case of an Administrative Conditional Use permit, at a public<br />

hearing. Notice of the public hearing shall be provided as outlined in section <strong>89</strong>-2-303.<br />

(d) The Planning Commission may approve or deny a conditional use permit in any zone in which<br />

the particular conditional use is allowable or may postpone such determination until further information can be<br />

obtained. In authorizing any conditional use, the Planning Commission may impose such requirements and<br />

conditions as deemed necessary for the protection of adjacent properties and the public welfare.<br />

(e) Conditional use criteria. Prior to approving any application for a conditional use, the<br />

Planning Commission shall find that the use meets the following criteria.<br />

(1) The proposed use is consistent with the intent of the goals and policies, of the <strong>West</strong> <strong>Jordan</strong><br />

General Plan and the purpose of the zone district in which the site is located.<br />

(2) The proposed use will not be materially detrimental to the health, safety, or general welfare of<br />

persons residing or working in the neighborhood of the proposed use or have an adverse effect<br />

on the property, adjacent properties, the surrounding neighborhood, or the City as a whole as a<br />

result of the type of use or hours of operation.<br />

(3) The proposed site is adequate in size and shape to accommodate the intended use and that all<br />

requirements for the zone district, including but not limited to setbacks, walls, landscaping,<br />

and buffer yards are met.<br />

(4) The proposed<br />

use will provide for adequate screening, landscaping, parking, utilities, and


traffic circulation. The Planning Commission may require an applicant to provide an analysis<br />

of any impacts (traffic, environmental, utilities, public safety, and infrastructure) affecting the<br />

health, safety, or general welfare of persons residing or working within the neighborhood of<br />

the proposed use.<br />

(5) The proposed use will ensure compatibility with surrounding uses and will use building<br />

materials that are in harmony with the area.<br />

(6) Adequate conditions or stipulations have been incorporated into the approval of the<br />

Conditional Use Permit to ensure that any anticipated detrimental effects can be mitigated.<br />

(f)<br />

Expiration, modification or revocation of conditional use.<br />

(1) Subject to an extension of time granted by the Planning Commission, no conditional use shall<br />

be valid for a period longer than 12 months unless a building permit is issued and construction<br />

is actually begun within that period and is thereafter diligently pursued to completion, or<br />

unless a certificate of occupancy is issued and a use commenced within that period, or unless a<br />

longer time is requested and granted by the Planning Commission. The approval of a<br />

proposed conditional use by the Planning Commission shall authorize only the particular use<br />

for which it was issued.<br />

(2) A conditional use permit may be revoked by the City Council, after review and<br />

recommendation by the Planning Commission, upon failure to comply with the conditions<br />

imposed with the original approval of the permit The Planning Commission shall hold a<br />

hearing prior to modifying a conditional use permit or recommending to the City Council the<br />

revocation of a conditional use permit. A conditional use permit may be modified or be<br />

recommended to the City Council to be revoked if the Planning Commission finds one or<br />

more of the following:<br />

a. The conditional use is a nuisance or is detrimental to the public health, safety, or<br />

welfare.<br />

b. The conditional use permit was obtained by fraud.<br />

c. The conditional use for which the permit was granted has been altered.<br />

d. The conditional use for which the permit was granted has ceased or has been<br />

suspended for six months.<br />

e. The conditions imposed upon the permit have not been complied with or the applicant<br />

desires to modify such conditions.<br />

(g) Effect Of Approval Of Conditional Use. The approval of a proposed conditional use by the<br />

Planning Commission, or the Zoning Administrator shall not authorize the establishment or extension of any<br />

use nor the development, construction, reconstruction, alteration or moving of any building or structure, but<br />

shall merely authorize the preparation, filing, and processing of applications for any permits or approvals that<br />

may be required by the regulations of the City, including, but not limited to, a building permit, certificate of<br />

occupancy and subdivision approval.<br />

(h) Conditional use approval to run with the land. An approved conditional use relates only to,<br />

and is only for the benefit of the use and lot rather than the owner or operator of such use or lot.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 03-53, (e)(1) on 09-30-2003; Ord. No. 05-69,<br />

12-06-2005)


Sec. <strong>89</strong>-5-405. Temporary uses.<br />

(a) Permit required. Temporary use permits shall be required for those uses, service, and<br />

structures which are temporary in nature. A temporary use permit shall not be issued for any individual<br />

temporary use for longer than ninety (90) days in any one calendar year. Only those temporary uses described<br />

below, or similar uses as determined by the Zoning Administrator shall be qualified to apply for a temporary<br />

use permit:<br />

Produce Sales:<br />

Seasonal produce<br />

stands<br />

Entertainment (not to exceed 200 persons in attendance at any time):<br />

Small carnivals (site not to exceed one acre)<br />

Art Fairs<br />

Bazaars<br />

Festivals<br />

Antique shows (not including auto shows)<br />

Seasonal Promotion Sales:<br />

Christmas tree sales<br />

Fireworks stands<br />

Flower stands<br />

Temporary Retail Sales:<br />

Promotional displays (in conjunction with business on the site)<br />

Transient retail sales<br />

Sidewalk Sales<br />

Food and Beverage Sales:<br />

Movable Food carts<br />

Movable Beverage carts<br />

(b) Application Requirements. The following information must be submitted along with the<br />

application form for a Temporary Use Permit. Applicable fees are required at the time of application filing:<br />

(1) A site plan drawn at a scale of one inch equals 20 feet that shows the address, setbacks, the<br />

location of the temporary use, other structures on the lot, and access from a public street. A<br />

detailed site plan of the area to be occupied by the temporary use, drawn at a scale of one inch<br />

equals 10 feet shall also be submitted showing parking areas, pedestrian circulation, trash and<br />

temporary toilet locations, locations and type of temporary structures, sign location, and<br />

utility locations.<br />

(2) Verification that the temporary use is located on a property with public and/or private<br />

improvements (hard surface parking areas, power, toilet facilities, parking, water, etc.)<br />

adequate to support the temporary use.<br />

(3) An affidavit of owner's authorization showing that the applicant has the right to establish the<br />

temporary use on the lot.<br />

(4) A plan for trash removal and restoration of the site to its prior<br />

condition after the temporary<br />

use has been terminated.


(5)<br />

(6)<br />

(7)<br />

Plans shall be submitted for all temporary structures to be located on the site.<br />

A complete application for a Temporary Use Permit, if issued by the City Planner or his<br />

designee, shall be filed with the Community Development Department at least 10 working<br />

days prior to the date of commencing operation. A complete application for a Temporary Use<br />

Permit reviewed by the Planning Commission shall be filed with the Community<br />

Development Department at least 36 working days prior to the date of commencing operation.<br />

Proof of adequate liability insurance may be required.<br />

(c) Temporary Use review criteria and design standards: All Temporary Uses and structures<br />

associated with the temporary use shall meet the following review criteria and design standards:<br />

(1) All parking lots must be hard surfaced with an approved material designed to prevent<br />

accumulation of water and the tracking of mud from the site. In no case shall parking for a<br />

temporary use decrease the required parking stalls for an existing site.<br />

(2) Toilet facilities must be available for public use on site. If temporary<br />

toilets are used,<br />

the applicant shall provide documentation as to who will maintain these facilities in a sanitary<br />

manner.<br />

(3) Any electrical power to the site must be located so as to not present any hazard to the public<br />

and must be inspected by the City’s Building Department.<br />

(4)<br />

Plans for all temporary structures and uses shall be in sufficient detail to determine the type of<br />

structures and the techniques to be used to provide stability and safety to the public. Sufficient<br />

setbacks from property lines, parking, traffic and other structures shall be required to assure<br />

safety of the public.<br />

(5) Inflatable structures and temporary membrane structures (tents) must be anchored in an<br />

approved manner to prevent wind or other severe weather from collapsing the structure.<br />

(6)<br />

(7)<br />

Hot air balloons or inflatable advertising devises must be tethered securely to avoid such<br />

devises from breaking free or otherwise causing property damage or injury to the public, must<br />

meet applicable building codes and must be inspected for compliance.<br />

Temporary structures such as produce stands, sun shelters, food and beverage carts, etc. must<br />

be of durable materials and constructed to withstand weather and must meet applicable<br />

building code requirements. In some cases, an inspection of the structure may be required.<br />

(8) Pedestrian circulation must be identified on the site and clearly marked so as to avoid conflicts<br />

with parked vehicles and/or adjacent streets serving the site. If deemed necessary by the Fire<br />

Department and/or the Police Department, fencing shall be provided to provide pedestrian<br />

safety.<br />

(9) The number of parking stalls to serve the temporary use shall be determined by the<br />

Community Development Department based on parking requirements of similar land uses.<br />

(10) Prior to commencing the operation of a Temporary Use, an inspection of the site by the Fire<br />

Department and Building and Safety Department is required. In some situations, the Police<br />

Department shall also inspect the site. If permits from any of these City Departments are


equired, the business shall not commence until approval of said permits. A business license<br />

is also required and shall not be issued until the site and/or buildings have been approved by<br />

all applicable City Departments.<br />

(11) A cash escrow or other financial guarantee may be required if deemed necessary to ensure that<br />

the site is returned to an acceptable condition upon the termination of the temporary uses.<br />

(d) Approval by City Planner. The temporary use may be approved by the City Planner or his<br />

designee for not more than one period of up to 15 days or less, not more than one time each calendar year at a<br />

specific loca tion. Temporary Use Permits for Christmas tree sales and Fireworks stands shall be issued by the<br />

City Planner or his designee for periods not to exceed 60 days.<br />

(e) Planning Commission approval. If the Zoning Administrator does not approve the temporary<br />

use or if it is requested that the use last more than 15 days, the applicant may apply for a permit from the<br />

Planning Commission as outlined in section <strong>89</strong>-5-405(b) & (c) above. The conditions of the permit may<br />

include a limitation upon hours of operation, or other conditions to assure the safety of the public. Before<br />

approving any permit application for a temporary use or structure under Section <strong>89</strong>-5-405, the Planning<br />

Commission shall make findings with respect to each of following:<br />

(1) The duration of the use is appropriate.<br />

(2) The requested use will not have any detrimental effects on adjacent properties and will be<br />

compatible with surrounding uses.<br />

(3) The requested use will not create excessive traffic hazards on adjacent streets.<br />

(4) Arrangements have been made by the applicant to have the requested use inspected by the<br />

Police, Fire and Building Departments prior to the operational use, as applicable.<br />

(5) The requested use provides for a safe and appropriate use of the land.<br />

(6) A document showing that the applicant has the right to establish the temporary use on the lot<br />

and that sanitary facilities are available has been submitted.<br />

(7) The requested use will not create pedestrian safety conflicts due to traffic circulation and/or<br />

location of parking lots serving the use.<br />

(8)<br />

An adequate financial guarantee to assure the restoration of the site upon termination of the<br />

temporary use is provided to the City.<br />

(f) Stationary vending carts. Stationary vending carts which sell food, flowers, balloons, and<br />

other similar products shall be required to obtain a conditional use permit. No business license for a temporary<br />

use which is required to receive conditional use approval shall be issued until the Planning Commission grants<br />

such approval and all conditions of that approval are met. Approval of stationary vending carts is subject to the<br />

following criteria:<br />

(1)<br />

(2)<br />

The use shall not be permitted within 100 feet of a similar permanent facility.<br />

For food vending carts, approval from the Department of Health is required prior to operation<br />

and the applicant must comply with all Health Department regulations prior to and during<br />

operation.


(3) An Affidavit of owner’s authorization showing the applicant has the right to establish the<br />

temporary use on the lot and that sanitary facilities are available.<br />

(4) All trash shall be removed and the lot where a temporary use was located shall be restored to<br />

its prior condition after the temporary use has been terminated.<br />

(5) The Planning Commission determines the duration of the use as appropriate.<br />

(g) Sidewalk and parking lot sales. Sidewalk and parking lot sales may be conducted without<br />

prior approval for no longer than 15 consecutive days three per calendar year not consecutive and shall not<br />

violate required yard space or create a nuisance.<br />

(h) Separation between uses. The separation between identical or similar temporary uses shall be<br />

400 feet and the distance between different types of temporary uses (e.g., food vending uses and fireworks<br />

stands) shall be 100 feet unless a greater distance is necessary due to traffic or other life/safety concerns as<br />

identified by the Engineering Division, Planning Division, or Fire Marshal.<br />

(Enacte d by Ord. No. 03-40, 07-15-2003; Ord. No. 03-52, (b) and (c) on 09-30-2003; Ord. No. 04-04,<br />

01-06-2004; Ord . No. 04-23, (c)(7), 05-25-2004; Ord. No. 04-44, 10-19-2004; Ord. No. 05-69, 12-06-2005)<br />

Sec. <strong>89</strong>-5-406.<br />

Variances.<br />

(a) Decision making body. Petitions for variances shall be reviewed, and a final decision made,<br />

by the Board of Adjustment at a public hearing. The Board of Adjustment may approve, approve with<br />

conditions, or deny a variance request.<br />

(b) Petition – required information. Any person seeking a variance shall submit to the<br />

Development Services Department a written petition containing the following information.<br />

(1) Application for a variance, on a form provided by the City, shall be made to the Development<br />

Services Department accompanied by a filing fee as established by resolution of the City<br />

Council.<br />

(2)<br />

A Statement citing specific reasons and justification for the variances based on the criteria<br />

established in Section <strong>89</strong>-5-406(c) below.<br />

(3) A detailed site plan at a scale of 1” = 20’ or larger shall be submitted which shows: the<br />

dimensions of the lot, building setbacks, existing or proposed buildings on the lot, and<br />

adjacent property owners. The area of the requested variance shall be highlighted on the site<br />

plan.<br />

(4) If the variance is requested in order to allow construction of a new building, building addition,<br />

or structure, conceptual architectural elevation shall be provided for such building, building<br />

addition, or structure.<br />

(5) A list of all property owners within a radius of 300 feet of the boundaries of the subject<br />

property shall be provided. The list shall be based on the most current assessment rolls<br />

prepared by the Salt Lake County Assessor and shall be accompanied by addressed, stamped,<br />

envelopes ready for mailing to all names on the list.<br />

(c) Variance criteria. Before approving a request for variance, the Board of Adjustment shall<br />

make<br />

the following findings:


(1) Literal enforcement of the zoning ordinance would cause an unreasonable hardship for the<br />

applicant that is not necessary to carry out the general purpose of the zoning ordinance. The<br />

Board of Adjustment shall not find an unreasonable hardship if the hardship is self-imposed or<br />

economic. To determine whether or not enforcement of the zoning ordinance would cause<br />

unreasonable hardship, the Board of Adjustment shall not find unreasonable hardship unless<br />

the alleged hardship:<br />

a. Is located on or associated with the property for which the variance is sought; and<br />

b. Comes from circumstances peculiar to the property, not from conditions that are<br />

general to the neighborhood.<br />

(2) There are special circumstances attached to the property that do not generally apply to other<br />

properties in the same district and relate directly to the hardship complained of.<br />

(3) Granting the variance is essential to the enjoyment of a substantial property right possessed by<br />

other property in the same district;<br />

(4) The variance will not substantially affect the General Plan and will not be contrary to the<br />

public interest; and<br />

(5) The spirit of this <strong>Title</strong> is observed and substantial justice done.<br />

(d) Burden of proof. The applicant shall bear the burden of proving that all of the conditions<br />

justifying a variance have been met.<br />

(e)<br />

(f)<br />

Affect of approval. Variances run with the land.<br />

Use variances. Neither the Board of Adjustment nor any other body may grant use variances.<br />

(g) Conditions. In granting a variance, the Board of Adjustment may impose additional<br />

conditions on the applicant that will:<br />

(1)<br />

Mitigate any harmful effects of the variance; or<br />

(2) Serve the purpose of the standard or requirement that is waived or modified.<br />

(Code 1987, § 2-4-603; Ord. No. 01-01, § 2, 2-20-2001;Recodification 11-20-2001)<br />

(h) Limitation on petitions for variance. Reapplication for a variance on a lot for which a<br />

variance has previously been denied shall not be accepted by the City sooner than 12 months after the date of<br />

such denial.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

PART 5. RESIDENTIAL CONSTRUCTION NOT IN A RECORDED SUBDIVISION<br />

Sec. <strong>89</strong>-5-501. Purpose and scope of part.<br />

This part shall apply to the construction of single-family and duplex residential dwellings in districts<br />

properly zoned for such residential dwellings and outside the confines of a recorded subdivision or other<br />

approved development.


(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-5-502. Development procedure.<br />

(a) Site plan. The developer, owner or builder of a residential structure which will be constructed<br />

in a location outside the confines of a recorded subdivision or other approved development shall submit to the<br />

City Planner two copies of the proposed site plan of the development. The site plan shall be approved by the<br />

City Planner prior to the issuance of a building permit. The site plan shall show the:<br />

(1) Location and size of existing and proposed culinary water and sanitary sewer utilities.<br />

(2) Location of the nearest fire hydrant, and provision for additional hydrants and water lines as<br />

required by the Fire Department.<br />

(3) Location of any existing irrigation systems including but not limited to open ditches, pipe,<br />

culverts.<br />

(4)<br />

Location of proposed or existing curbs and gutters and sidewalks.<br />

(5) Location of existing edge of pavement for all abutting streets.<br />

(6) Locations and dimensions indicating the proposed and/or existing buildings on the site.<br />

(7) North arrow and drawing scale.<br />

(8)<br />

Names of abutting property owners and City streets.<br />

(9) Method of providing for adequate site drainage.<br />

(b) Compliance with Subdivision Ordinance. The developer, owner, or builder must also submit<br />

proof that the parcel to be developed is in compliance with the City’s subdivision ordinance and is not a new<br />

lot created through a lot or parcel split.<br />

(c) Development standards. The owner or developer of property subject to this part shall comply<br />

with the following development standards:<br />

(1) In planning for the construction of buildings, the builder shall take into account the normal<br />

flow of storm water, topography, and existing storm water control facilities. Where flooding<br />

may be a problem, driveways that slope down from the sidewalk to a garage entrance shall not<br />

be permitted.<br />

(2) The owner, builder or developer shall install curb, gutter, and sidewalk concurrently with<br />

construction of the residence if these improvements exist on either of the adjacent lots or if at<br />

least 25 percent of the lots on the same block have existing curb, gutter, and sidewalk. If a<br />

block is not defined by intersecting streets the 25 percent rule will apply to all properties<br />

within 500 feet in each direction along streets from the property lines of the subject lot.<br />

Design and construction of improvements shall be in compliance with the City’s Public<br />

Improvement Standards, Specifications, and Plans manual.<br />

(3) If the owner, builder or developer is not required to install curb, gutter and sidewalk<br />

concurrently with construction of the residence under provisions of subsection (c)(2) above, a<br />

bond, meeting the requirements of section <strong>89</strong>-6-1202, shall be provided.


(4) The only exception to this section will be in the instance when a residence is built in a<br />

subdivision that was previously approved without a requirement for curb, gutter, and<br />

sidewalk.<br />

(5) Any developer, builder, or owner develops or builds up property fronting on or adjacent to an<br />

existing paved City street shall, as a condition of the issuance of a building permit, install road<br />

base and asphalt, complying with applicable provisions of the City’s Public Improvement<br />

Standards, Specifications, and Plans manual, from the existing edge of pavement to the new<br />

curb and gutter.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

CHAPTER 6. STANDARDS OF GENERAL APPLICABILITY<br />

PART 1. SUPPLEMENTARY AND QUALIFYING STANDARDS<br />

Sec. <strong>89</strong>-6-101.<br />

Purpose and scope of part.<br />

The purpose of this part is to provide land development standards that are applicable throughout the<br />

City regardless of zone. The requirements of this part shall be in addition to the use standards contained within<br />

the provisions of each respective zone. The provisions of this part shall prevail over conflicting provisions of<br />

any other requirements in this <strong>Title</strong> unless a different standard is expressly authorized.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-102. Abandoned, wrecked or junked vehicles.<br />

(a) Parking or storing of inoperable vehicles prohibited. It shall be unlawful to park, store, leave<br />

or permit the parking, storing or leaving of any licensed or unlicensed motor vehicle of any kind or parts<br />

thereof, which is in a wrecked, junked, partially dismantled, inoperative or abandoned condition, whether<br />

attended or not, upon any private or public property within the City limits for longer than 72 hours.<br />

(b) Nuisance. The accumulation and storage of vehicles or parts thereof, as defined in subsection<br />

(a) of this section, on a private or public property except as set forth in subsection (a) of this section shall<br />

constitute a nuisance, detrimental to the health, safety and welfare of the inhabitants of the City. It shall be the<br />

duty of the owner of such vehicle or parts thereof, or lessee, or other person in possession of private property<br />

upon which such vehicle or parts thereof is located, to remove the vehicles or parts thereof from such property.<br />

(c)<br />

Exceptions.<br />

(1) Inoperable vehicles or parts thereof may be stored within a completely enclosed building.<br />

(2) The provisions of this section shall not apply to lawfully established and operated automobile<br />

wrecking yards.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-103. Accessory uses, buildings, and structures.<br />

(a) Accessory uses and structures are permitted in all zones. The phrases “accessory structure”<br />

and<br />

“accessory building” are used interchangeably throughout this section.


(1) No accessory structure shall exceed the height limitations for the district in which it is located.<br />

In all residential districts, accessory building height shall not exceed 20 feet unless the<br />

principal residential structure on the lot exceeds 20 feet, then maximum height is limited to the<br />

height of the principal structure, up to the district maximum height. Any Agricultural-related<br />

accessory building, not used for human occupancy, in the Rural Residential and Very Low<br />

Density Single Family Residential (VLSFR) Districts are exempt from this height<br />

requirement.<br />

(2) The height of an accessory structure shall be measured in the same way as a principal building<br />

or structure. (See definition for Height of building or structure).<br />

(3) A building permit is required for any accessory structure over 120 square feet in gross floor<br />

area. A building permit is also required if any utility services, such as gas, electric, water, and<br />

sewer, are provided to an accessory structure with 120 square feet or less of gross floor area.<br />

(4) No accessory structure shall be located in a front yard area of any lot.<br />

(b) Accessory buildings in residential zones, excluding rural residential zones. Accessory<br />

buildings may be located in yard areas according to the following requirements:<br />

(1) Accessory building in residential zones shall be located on the same lot with the primary<br />

building and shall be subordinate in total floor area to the primary residential building on the<br />

lot.<br />

(2) An accessory building of 120 square feet or less in gross floor area may be located in a side<br />

yard with no minimum setback required from the property line or principal structure. An<br />

accessory building over 120 square feet in gross floor area may be located in a side yard<br />

provided it is at least eight feet from any side property line and six feet from any dwelling or<br />

main building, . Any accessory building over 10 feet in height shall be subject to the<br />

requirements of subsection (5). In no case shall any accessory building be located in a<br />

required corner side yard of a corner lot.<br />

(3) An accessory building may be located in a rear yard provided it is at least six feet from any<br />

dwelling or main building. An accessory building of 120 square feet or less in gross floor area<br />

may be located in a rear yard with no minimum setback required from the property line or<br />

principal structures. An accessory building may be located at or near a side or rear property<br />

line provided all applicable requirements of the International Building Code are met and the<br />

accessory building is equipped with facilities for the discharge of all roof drainage onto the lot<br />

upon which such accessory building is located. Any accessory building over 10 feet in height<br />

shall be subject to the requirements of subsection (5).<br />

(4) No accessory building or structure shall be constructed over a recorded easement.<br />

(5) An accessory building that exceeds ten feet in height shall be setback from side and rear<br />

property lines a minimum of three feet plus one foot for each additional foot of height, or part<br />

thereof, in excess of ten feet.<br />

(6) Accessory buildings used for housing or shelter of animals shall be located a minimum of 40<br />

feet from any dwelling.<br />

(7) An accessory building or buildings shall not cover more than 20% of the area of the rear yard<br />

of a lot in a residential zone. Accessory buildings in side yards shall not be placed as to be


continuous between the side property line and the side of the principal structure without<br />

maintaining an access path to the rear yard that is at least 3 feet in width.<br />

(c) Accessory buildings in agricultural and rural residential zones. Accessory buildings may be<br />

located in yard areas according to the following standards:<br />

(1) An accessory building may be located in an interior side yard or rear yard provided it is at least<br />

eight feet from any side or rear property line and six feet from any dwelling or main building.<br />

(2) An accessory building shall not be located in a required street side yard of a corner lot.<br />

(3) An accessory building that exceeds 10 feet in height shall be setback from side and rear<br />

property lines one additional foot for each foot of height over 10 feet.<br />

(4) Accessory buildings used for housing or shelter of animals shall be located a minimum of 40<br />

feet from any dwelling.<br />

(d) Accessory buildings in commercial zones. In commercial zones, an accessory building may<br />

be located on a side or rear property line if all of the following conditions are met.<br />

(1) The accessory building shall be located more than ten feet from any main residential building<br />

on an adjacent property.<br />

(2) The accessory building shall have no openings on the side that is contiguous to the property<br />

line.<br />

(3) The wall of an accessory building adjacent to the property line shall have a two-hour<br />

fire-retardant rating.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-23,(a)(b)(c), 05-25-2004; Ord. No. 07-02, 02-06-2007)<br />

Sec. <strong>89</strong>-6-104. Reserved.<br />

Sec. <strong>89</strong>-6-105. Clear vision area.<br />

(a)<br />

Interior lots.<br />

(1) Height limitation. In order maintain a clear, unobstructed view of adjoining streets and<br />

sidewalks for safety of vehicular and pedestrian traffic, no wall, fence, opaque hedge, or<br />

screening material higher than 48 inches shall be permitted within a required front yard.<br />

(2)<br />

Trees. All trees planted within 15 feet from a street curb shall be pruned to remove all<br />

branches to a height of at least seven feet above the elevation of the curb. For streets that have<br />

no curb, this provision shall apply to trees within 15 feet from the edge of street paving.<br />

(3) Retaining walls. Where a retaining wall protects a cut below the natural grade, and is located<br />

on the line separating lots, such retaining wall may be topped by a fence hedge or wall of the<br />

same height that would otherwise be permitted at the location if no retaining wall existed.<br />

Where a retaining wall contains a fill, the height of the retaining wall built to retain the fill<br />

shall be considered as contributing to the permissible height of a fence, solid wall, or hedge,<br />

providing that in any event a protective fence or wall or hedge not more than 30 inches in<br />

height when of solid construction or such density as to not permit a clear unobstructed view of<br />

adjoining streets and sidewalks not exceeding 48 inches in height may be erected at the top of


the retaining wall.<br />

(4) Exceptions. The provisions of this section shall not apply to fences required by State law to<br />

surround and enclose public utility installations, public schools, or City property.<br />

(b) Corner lots. Clear vision areas at intersections shall be provided according to standards<br />

contained in the City’s Public Improvement Standards, Specifications, and Plans manual.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-106. Reserved.<br />

Sec. <strong>89</strong>-6-107. Easements.<br />

No dwelling, main building, or permanent accessory building shall be located within a platted<br />

easement area unless such structure meets all of the following requirements.<br />

(1) The location of the structure is permitted by other provisions of this <strong>Title</strong> pertaining to setback<br />

requirements.<br />

(2) The property owner produces evidence that the easement has been abandoned, is unused, or is<br />

not needed or will not be needed by the intended beneficiaries of the platted easement.<br />

(3) The property owner executes a recordable document, in a form approved by the City attorney,<br />

indicating that the location of the structure is at risk of relocation and is subject to the superior<br />

interest of the intended beneficiary of the platted easement and that the structure may, except<br />

as affected by the legal doctrine of waste, be required to be relocated, at the property owners<br />

expense, to accommodate the use by the intended beneficiary of the platted easement.<br />

(4) As used in this subsection, the term “intended beneficiaries of the platted easement” shall<br />

mean, in the case of a public utility easement, those utilities currently licensed or franchised<br />

by the City to provide electrical power, telephone services, natural gas, culinary water,<br />

sanitary sewer services, and/or cable television services to residents of the community.<br />

Nothing in this section is intended to expand or restrict the rights or obligations of any party to<br />

any easement, platted or otherwise.<br />

(Enacted by O rd. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-108. Effect of major street plan.<br />

Whenever a front or side yard is required for buildings abutting a proposed street which has not been<br />

dedicated or constructed, but which has been designated as a future street on the City’s Major Street Plan, the<br />

depth of such front or side yards shall be measured from the nearest line of the planned street.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-109. Front and rear yard modification, developed areas.<br />

In blocks with more than 50 percent of the buildable lots already developed, the minimum front and<br />

rear yard requirement for new construction shall be equal to the average of the front or rear yards existing on<br />

the developed lots. However, this regulation shall not be interpreted to require a front or rear yard of more than<br />

30 feet in depth.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-110. Height limitation exceptions.


(a) Method of measurement. Where doubt exists as to height of fences, hedges, buildings,<br />

structures, etc., provided for in this <strong>Title</strong>, height shall be measured from the average finished grade of the front<br />

yard for buildings, or from the average finished grade of the yard in which fences, hedges or other such<br />

structures are located.<br />

(b) Exceptions. The height limitations of this <strong>Title</strong> shall not apply to belfries, church spires, clock<br />

towers, cupolas, or domes not used for human occupancy, or to chimneys, ventilators, skylights, water tanks,<br />

silos, cornices without windows, antennas, radio towers, or properly screened mechanical appurtenances<br />

usually carried above the roof level of a building; except in no case shall it be lawful to construct, build or<br />

establish a building, tree, smokestack, chimney, flagpole, wire, tower, or other structures or appurtenances<br />

thereto which may constitute a hazard or obstruction to navigation or landing and takeoff of aircraft at a<br />

publicly used airport. Regulations established by the Federal Aviation Administration shall be considered to<br />

be the minimum acceptable standards for facilities in such an area.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-111. Lots in single ownership developed as one building lot.<br />

When the common boundary separating two or more contiguous lots in one ownership is covered by a<br />

building or a permitted group of buildings, such lots shall constitute a single building site and the side yard as<br />

required by this <strong>Title</strong> shall not apply to such common boundary line. The side yard requirements of this <strong>Title</strong><br />

shall apply only to the exterior boundaries of the contiguous lots so joined.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-112. Minimum lot area when a portion of a lot is acquired for public use.<br />

(a) If a portion of a lot or parcel of land which meets the minimum lot area requirements of a<br />

respective zone is acquired for public use in any manner, including dedication, condemnation or purchase, and<br />

such acquisition reduces the lot area below the minimum requirement, the remainder of the lot or parcel shall<br />

nevertheless be considered as having the required minimum lot area if all of the following conditions are met:<br />

(1) Size.<br />

a. The lot or parcel contains a rectangular space of at least 30 by 40 feet exclusive of<br />

applicable front and side yard requirements, and exclusive of one-half of the<br />

applicable rear yard requirements, and such rectangular space is usable for a principal<br />

use or structure.<br />

b. The remainder of the lot or parcel of land has an area of at least one-half the required<br />

lot area of the zone in which the lot or parcel is located except that in zones requiring<br />

a lot area of 15,000 square feet or more, a lot area of not less than 6,000 square feet<br />

shall be required.<br />

(2) Street access. The remainder of the lot or parcel of land has a minimum of 20 feet of frontage<br />

on a public street.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-113. Minimum lot area to be preserved.<br />

(a) Independent lot calculations. No portion of a minimum lot area required by this <strong>Title</strong> shall be<br />

used or considered as a part of another lot or parcel of land for purposes of establishing or determining<br />

applicable property development standards.


(b) Transfer of required yard space prohibited. Except as described in section <strong>89</strong>-6-112 above,<br />

no space needed to meet the width, yard, area, coverage, parking, frontage or other requirements of this <strong>Title</strong><br />

for a lot or building may be transferred, sold, bequeathed or leased apart from such lot or building unless other<br />

space so complying is provided. No land shall be sold which will result in a lot being created for building<br />

purposes that does not comply with the provisions of this <strong>Title</strong>.<br />

(Enacte d by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-114.<br />

Moved buildings.<br />

(a) Purpose. The purpose of this section is to ensure that relocated buildings will not have an<br />

adverse effect on property values and that the buildings will be harmonious and compatible with existing and<br />

future anticipated development in the area.<br />

(b) Conditional use permit required. No persons shall place, move on, or affix to land any<br />

building which was formerly located on another site without first obtaining a conditional use permit. This<br />

section shall not regulate an accessory structure having a floor area of 200 square feet or less and a height of 12<br />

feet or less.<br />

(c) Application requirements. The following information shall be submitted at the time an<br />

application is made to the Planning Commission for a conditional use permit to move on a building.<br />

(1) Location and address of the old and new site.<br />

(2) Plot plan of the new location, also showing adjacent lots on all sides of the property and<br />

indicating all structures and improvements on the lot.<br />

(3) Plans and specifications for the proposed improvements at the new location, including<br />

landscape plans.<br />

(4) A filing fee for each building to be relocated as established by resolution of the City Council.<br />

(d) Standards for approval. Before approving any conditional use permit application for the<br />

moving of a building onto a lot within the City, findings shall be made with respect to each of following items.<br />

(1) The moved-on building will have no appreciable detrimental effect on the living environment<br />

and property values in the area into which it is moved.<br />

(2) The moved-on building is consistent with the architectural style and quality of buildings<br />

existing in the area into which the building is proposed to be moved.<br />

(3) The moved-on building and the lot on which the building will be located conforms to the<br />

requirements of this <strong>Title</strong> and other applicable codes.<br />

(e) Cash Bond Required. Provide a cash bond or other acceptable financial assurance in a form<br />

acceptable to the City Attorney, or lien on the property in sufficient amount to guarantee the obligations<br />

imposed by this section for the completion of the remodeling of the moved building per criteria under this<br />

section prior to receiving a building permit.<br />

f) Construction time period. Construction shall be completed within nine months from the date<br />

a building permit is issued. Upon application, providing reasonable justification, the Planning Commission<br />

may grant an extension to this construction period not to exceed three months time.


(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-36, 08-24-04)<br />

Sec. <strong>89</strong>-6-115. Projections into yards.<br />

(a)<br />

The following structures may project into any required yard.<br />

(1) Fences and walls in conformance with the City code.<br />

(2) Landscape elements including trees, shrubs, agricultural crops and other plants.<br />

(3) Necessary appurtenances for utility service.<br />

(b) The following structures may project into a front or rear yard not more than four feet and into<br />

a minimum side yard not more than two feet.<br />

(1) Cornices, eaves, belt courses, sills, buttresses or other similar architectural features.<br />

(2) Fireplace structures and bays, provided that they are not wider than 10 feet measured<br />

generally parallel to the wall of which they are a part.<br />

(3) Stairways, balconies, ramps, door stoops, fire escapes, awnings, porches and patio covers.<br />

(4) Planting boxes not exceeding 24 inches in height.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-23, (b), 05-25-2004)<br />

Sec. <strong>89</strong>-6-116. Storage of commercial vehicles in residential zone.<br />

No trucks, motor vehicles, or commercial trailers which exceed the rated capacity of 11/2 tons or<br />

having a gross vehicle weight exceeding 12,000 pounds shall be stored or parked on any lot or parcel within<br />

any residential zone, nor shall any contracting and/or earthmoving equipment be stored or parked on any lot or<br />

parcel in a residential zone. Notwithstanding the foregoing provisions, the tractor portion of a semi truck may<br />

be parked or stored on a lot in a residential zone occupied by the driver thereof provided the vehicle is parked<br />

or stored entirely within the boundaries of such lot and does not obstruct the public sidewalk.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-117. Storage of trash and debris prohibited.<br />

No yard or other open space shall be used for the storage of trash, debris or abandoned equipment and<br />

no land shall be used for such purposes, except as specifically authorized by and in compliance with the<br />

provisions of this <strong>Title</strong>.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-118. Swimming pools.<br />

Swimming pools of permanent construction including aboveground pools having depths of three feet<br />

or more, which are not enclosed within a building, shall be set back at least five feet from all property lines and<br />

shall be completely surrounded by a fence or wall having a height of at least six feet. Such fence shall have no<br />

openings larger than 36 square inches except for gates that shall be equipped with self-closing and self-latching<br />

devices.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-119 Accessory Living Quarters


Accessory Living Quarters are conditionally permitted in the VLSFR, RE-40, RE-30, RE-20, RR-40,<br />

RR-30, RR-20, A-20, A-5, and A-1 districts provided the following conditions are met:<br />

(1) Shall be limited to one accessory living quarter per primary dwelling unit.<br />

(2) Shall be architecturally compatible with the primary dwelling in order to maintain the<br />

appearance of the property as a single-family residence. A material and color board shall be<br />

required to ensure compatibility.<br />

(3) Shall not be served by separate metered utility services or by separate mailboxes.<br />

(4) Shall have no entry into the living space, which is visible from the public right-of-way.<br />

(5) Shall have a gross floor area less than 33% of the gross floor area of the principal dwelling<br />

unit.<br />

(6)<br />

Shall not be leased or rented separately from the principle dwelling unit, except to family<br />

members related by blood, marriage, or adoption.<br />

(7) Shall be limited to lots that are 40,000 square feet or larger.<br />

(8)<br />

Shall be required to have a minimum of one paved off-street parking space. Additional<br />

spaces per Planning Commissions discretion may be required. Said space(s) shall be located<br />

outside the required front yard and corner side yard.<br />

(9) Shall record a deed restriction on the property indicating the restricted uses of the accessory<br />

living quarters.<br />

(10) Shall require an affidavit from property owner stating the main dwelling is not leased or rented<br />

separately from the primary dwelling, except to family members related by blood, marriage,<br />

or adoption.<br />

(11) Shall not be used for home occupations as outlined in Section <strong>89</strong>-6-503. Caretaker living in<br />

ALQ does not constitute a home occupation.<br />

(12) Shall conform to the rear and side yard setbacks required for the primary dwelling unit.<br />

(13) Shall be located in the rear yard and prohibited in the front, side, and corner side yards.<br />

(14) Shall not be temporary in nature, and shall be placed on a permanent foundation.<br />

(15) Shall be subject to all other applicable requirements of the Zoning Ordinance unless otherwise<br />

stated in this section.<br />

(Adopted by Ord. No. 07-13, 04-17-2007)<br />

PART 2. NONCONFORMING STRUCTURES AND USES<br />

Sec. <strong>89</strong>-6-201.<br />

(a)<br />

Purpose and scope.<br />

The purpose of this chapter is to establish regulations governing lots, structures, uses, and


other nonconformities that came into being lawfully but which do not conform to one or more requirements of<br />

this <strong>Title</strong>.<br />

Lots, structures, or uses that were legally established in conformance with then-applicable<br />

requirements bu t which do not conform to all applicable requirements of this <strong>Title</strong> may continue to exist and be<br />

put to productive use. The nonconforming aspects of such lots, structures, or uses shall be brought into<br />

conformance with the requirements of this <strong>Title</strong> as provided in this chapter. The intent of this chapter is to<br />

recognize the interests of property owners while controlling expansion of nonconforming lots, structures, and<br />

uses.<br />

(b) No lot, structure, or use that complied with <strong>Title</strong> 3 or <strong>Title</strong> 10 of the <strong>West</strong> <strong>Jordan</strong> Municipal<br />

Code in effect prior to May 2, 2000, shall become nonconforming due to adoption of this <strong>Title</strong>. Any lot,<br />

structure or use that complied with <strong>Title</strong> 3 or <strong>Title</strong> 10 of this Code in effect prior to May 2, 2000, may be<br />

rebuilt, repaired or otherwise reestablished to the extent that it legally existed on May 2, 2000. Any lot,<br />

structure or use<br />

which was not authorized by or allowed under preexisting zoning ordinances, as amended, or<br />

which is illegal under such ordinance, shall remain unauthorized and illegal unless expressly authorized or<br />

permitted in the provisions of this <strong>Title</strong>.<br />

(Enacte d by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-202.<br />

Nonconforming uses.<br />

(a) Continuation. A nonconforming use of any conforming structure, or a nonconforming use of<br />

a nonconforming structure may be continued as provided in this chapter. A nonconforming use may be<br />

extended through the same structure provided no structural alteration of the structure is made for the purpose<br />

of the extension. If a nonconforming use is discontinued for a continuous period of more than one year, any<br />

future use of such structure shall conform to the provisions of the zone in which it is located.<br />

(b) Maintenance and repair. Any structure that is part of a nonconforming use protected under<br />

this chapter may be repaired or altered on the same terms set forth for nonconforming structures under section<br />

<strong>89</strong>-6-203.<br />

(c) Enlargement and expansion. A nonconforming use may be expanded within the floor area of<br />

an existing, conforming building or within an expanded conforming building, subject to the limitations set<br />

forth in this section. In any agricultural or residential zone, such expansion shall be permitted into an area<br />

equal to the original floor area of the nonconforming use, subject to the following requirements:<br />

( 1) No new dwelling units shall be created.<br />

(2) Off-street parking and loading required to serve the expansion area shall be provided.<br />

(3) The Board of Adjustment shall review any expansion of a nonconforming use that is greater<br />

than 25 percent of the original floor area. Before approving such expansion, the Board of<br />

Adjustment shall find that the expansion is compatible with the neighborhood and not<br />

detrimental to the community, as determined by the effect of the expansion on traffic, value of<br />

adjacent and nearby properties, and the availability of adequate public facilities and services.<br />

(d) Nonconforming use of open land. A nonconforming use of open land may be continued<br />

provided such nonconforming use shall not be expanded or extended into any other portion of a conforming<br />

building or open land, and no structures, additions, alterations, or enlargements thereto shall be made, except<br />

those required by law. If such nonconforming use is discontinued for a continuous period of more than one<br />

year, any future use of the land shall conform to the provisions of the zone in which it is located.<br />

(e) Expansion of outdoor nonconforming uses. A nonconforming use of a lot where the principal<br />

use is not enclosed within a building, such as a salvage yard or a motor vehicle sales lot, shall not be expanded


except in conformity with the requirements of this <strong>Title</strong>.<br />

(f) Nonconforming residential and agricultural uses and structures in nonresidential zones.<br />

Notwithstanding any provisions of this chapter to the contrary, an application for a building permit to construct<br />

or repair an accessory building or repair a primary residential structure, located on a lot which is within a<br />

nonresidential zone may be approved if the structure meets applicable building codes; the lot on which the<br />

structure is located has historically been used for agricultural or residential purposes; and the subject structure<br />

and use there in, whether defined as "primary" or "accessory," is in conformity with similar structures and uses<br />

normally conducted within the residential or agricultural zones. The proposed structure shall conform to the<br />

height, size, setback and other requirements established for agricultural or residential zones as though such<br />

requirements were actually incorporated within the zone in which the structure is located.<br />

(g) Change in use. A nonconforming use may be changed to a new use, provided that the new use<br />

shall be of the same general character or of a character less intensive (and thus more closely conforming) than<br />

the existing,<br />

nonconforming use. The initial determination of whether a proposed use is a conforming use or is<br />

less intense shall be made by the Zoning Administrator. A nonconforming use, if changed to a conforming use<br />

or less intensive nonconforming use, shall not thereafter be changed back to a less conforming use than that to<br />

which it was changed.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-203.<br />

Nonconforming structures.<br />

(a) Continuation. A nonconforming structure in any zone may be continued for the period<br />

prescribed in this chapter, provided no additions or enlargements are made thereto and no structural alterations<br />

are made therein, except those required by law. If any such nonconforming structure is removed, every future<br />

use of the lot on which the structure was located shall conform to the provisions of this <strong>Title</strong>.<br />

(b) Maintenance and repair. Remodeling of a nonconforming structure within the existing<br />

footprint thereof shall be permitted without a variance.<br />

(c) Enlargement and expansion. Any expansion of a nonconforming structure that increases the<br />

degree of nonconformance is prohibited except as provided in this section. Other expansions shall be<br />

permitted and shall not require a variance.<br />

(1) The initial determination of whether a proposed expansion increases the degree of<br />

nonconformity shall be made by the Zoning Administrator.<br />

(2) A structure which is nonconforming as to height, area, or yard regulations may be added to or<br />

enlarged upon authorization by the Board of Adjustment, provided that the Board of<br />

Adjustment, after a hearing, finds the expansion to be compatible with the neighborhood and<br />

not detrimental to the community, as determined by the effect of the expansion on traffic,<br />

value of adjacent and nearby properties, and the availability of adequate public facilities and<br />

services.<br />

(d) Relocation. If a nonconforming structure is relocated within the City, it shall be placed only in<br />

a location w here it fully conforms to the requirements of this <strong>Title</strong>.<br />

(e) Restoration. Any nonconforming structure that is damaged to the extent of 50 percent or less<br />

of its fair market value by fire, wind, tornado, earthquake, or other natural disaster, may be restored and the use<br />

of such building may be continued. The structure shall not be rebuilt closer to the property line than the<br />

original structure or the applicable setback lines, whichever is closer. Any structure that is damaged to the<br />

extent of more than 50 percent of its fair market value shall not be rebuilt, repaired, or used unless it conforms


to all applica ble requirements of this <strong>Title</strong>.<br />

(f) Unsafe structures. Nothing in this section shall be construed to permit the continuing use of a<br />

structure found<br />

to be in violation of basic life safety or health codes of the City. The right to continue use of a<br />

nonconforming structure shall be subject to all applicable housing, building, health, and other life safety codes<br />

of the City.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-204. Nonconforming lots.<br />

(a) Continuation. Lots or parcels of land that legally existed prior to adoption of this <strong>Title</strong> shall<br />

not be denied a building permit solely for reason of nonconformance with the lot requirements of this part.<br />

(b) Vacant lot. If the lot was vacant on the effective date of the ordinance from which this <strong>Title</strong> is<br />

derived, then the lot may be used as permitted by the zone in which the lot is located, provided that such use<br />

shall comply with applicable dimensional requirements of this <strong>Title</strong>. The owner may seek a variance from<br />

such requirements from the Board of Adjustment.<br />

(c) Lot with building or structure. If a lot contains a structure on the effective date of the<br />

ordinance from which this <strong>Title</strong> is derived, then the owner may continue the then-existing use of such structure<br />

and may expand the structure in any way that does not increase the degree of nonconformity. An increase in<br />

building size shall not be deemed to increase the degree of nonconformity unless it increases the encroachment<br />

on a required se tback. Remodeling of a structure within an existing footprint or expansion in compliance with<br />

this section shall not require a variance but shall be reviewed by the Zoning Administrator as though the lot<br />

were conforming.<br />

(d) Lot merger. If a lot is smaller than required by this <strong>Title</strong> and such lot is at any time after the<br />

effective date of the ordinance from which this <strong>Title</strong> is derived under common ownership with an adjacent lot,<br />

then the two shall be considered merged for purposes of this <strong>Title</strong> and shall in the future be considered together<br />

for purp oses of determining compliance. If merged lots contain sufficient area for a use, then they shall be<br />

deemed fully conforming. If merged lots together do not contain sufficient area for a use, they shall<br />

nonetheless be considered together for purposes of reducing the degree of nonconformity. When a<br />

nonconforming lot has been merged with another lot, such lot shall not again be used separately, unless they<br />

are subdivided in accordance with the provisions of this <strong>Title</strong>.<br />

(e) Nonconforming lots created by public action. When lot area or setbacks are reduced as a<br />

result of conveyance to a Federal, State or local government for a public purpose and the remaining area is at<br />

least 75 percent of the required minimum lot size in the zone where it is located, the lot shall be deemed to be<br />

in compliance with the minimum lot size and setback standards of this <strong>Title</strong> without resort to the Board of<br />

Adjustment. See Sec. <strong>89</strong>-6-112 for related provisions.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-205. Other nonconformities.<br />

(a) Application. The provisions of this Part shall apply to any other circumstance which does not<br />

conform to the requirements of this <strong>Title</strong> including, but not limited to, fence height or location; lack of buffers<br />

or screening; lack of or inadequate landscaping; lack of or inadequate off-street parking; and any other matter<br />

not addressed by sections <strong>89</strong>-6-202, <strong>89</strong>-6-203 and <strong>89</strong>-6-204 above.<br />

(b) Nonconforming development with approved site plan. Nonconforming development that is<br />

consistent with a site plan approved before the effective date of this <strong>Title</strong> shall be deemed to be in conformance<br />

with this <strong>Title</strong> to the extent that it is consistent with the approved site plan and to the extent that such plan or


conditions imposed thereon directly address the specific issue involved in a determination of conformity. A<br />

nonconformity other than one of those enumerated in sections <strong>89</strong>-6-202, <strong>89</strong>-6-203 and <strong>89</strong>-6-204 above shall be<br />

brought into conformance upon the occurrence of any one of the following:<br />

(1) Any increase on the premises of more than 30 percent floor area or 50 percent value.<br />

(2) For a property in a commercial or industrial zone, any change in use to a more intensive use<br />

when a new certificate of occupancy is required.<br />

(c) Compliance. Because the nonconformities addressed in this section involve less investment<br />

and are more easily corrected than those addressed in sections <strong>89</strong>-6-202, <strong>89</strong>-6-203 and <strong>89</strong>-6-204 above, the<br />

policy of the City is to eliminate such nonconformities as quickly as practicable. The extent of such<br />

nonconformities shall not be increased.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-206.Reserved.<br />

Sec. <strong>89</strong>-6-207.<br />

Abandonment.<br />

(a) Definition. A lot or structure containing a nonconforming use that is not thus occupied or so<br />

used for a continuous period of one year, shall be deemed abandoned and shall not thereafter be reoccupied or<br />

used except for a use that conforms to the requirements of this <strong>Title</strong>.<br />

(b) Presumption of abandonment. A nonconforming use shall be presumed abandoned when any<br />

of the following occurs:<br />

(1) The owner has in writing or by public Statement indicated intent to abandon the use.<br />

(2)<br />

A less intensive use has replaced the original nonconforming use.<br />

(3) The structure has been removed through applicable procedures for the condemnation of<br />

unsafe structures.<br />

(4) The owner has physically changed the structure or its permanent equipment in such a way as<br />

to indicate a change in use or activity to something other than the nonconforming use.<br />

(c) Overcoming presumption of abandonment. A presumption of abandonment may be rebutted<br />

upon a showing by the owner that during such period of time the owner has done either of the following:<br />

(1)<br />

Maintained the lot and structure, if any, in accordance with the building code.<br />

(2) Has been actively and continuously marketing the lot or structure for sale or lease.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-208. Change in nonconforming status.<br />

A nonconforming lot, structure, or use may not be changed except in conformity with the provisions of<br />

this <strong>Title</strong>. Any nonconforming building or use shall not, thereafter, be changed back to a previously existing<br />

conforming building or use.<br />

(Enacted<br />

by Ord. No. 03-40, 07-15-2003)


Sec. <strong>89</strong>-6-209. Determination of nonconforming status.<br />

In all cases, the property owner shall have the burden of establishing that a nonconforming use or<br />

nonconforming structure lawfully exists under this <strong>Title</strong>.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-210. Nonconforming uses detrimental to health and safety.<br />

No provisions of this chapter shall be construed to allow the continuance of any nonconforming<br />

structure or use when it is detrimental to the health, safety, and welfare of the public.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-211. Extension of time for recovery of investment.<br />

(a) Reason for extension. The Zoning Administrator may grant an extension of the time limits set<br />

forth in this chapter if the owner of a nonconforming lot, structure, or use demonstrates that before such time<br />

limit expires he will be unlikely to recover or amortize the amount of his investment, if any, in the<br />

nonconforming lot, structure, or use.<br />

(b) Written request for extension required. In order to secure an extension of time, a property<br />

owner shall submit to the Zoning Administrator a written request for an extension 45 calendar days prior to the<br />

expiration of the applicable time limit set forth in this chapter.<br />

(c)<br />

(1)<br />

Required information. The following information shall accompany an extension request:<br />

The amount of the owner's investment in the lot, structure, or use from the time it became<br />

nonconforming.<br />

(2) The amount of such investment that has been realized to date and an estimate of the amounts<br />

that will be realized on the date the time limit expires.<br />

(3)<br />

Evidence of any lease or purchase obligations undertaken in reliance on any previously issued<br />

licenses or permits applying to the lot, structure or use, including any contingency clauses in<br />

the license or permit permitting termination of such lease.<br />

(d) Appeal. Any person aggrieved by a decision of the Zoning Administrator may appeal such<br />

decision to the Board of Adjustment.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-212.<br />

Billboards exempt.<br />

The provisions of this chapter shall not apply to billboards. Nonconforming billboards shall be<br />

terminated in accordance with applicable provisions of Utah Code Ann. § 10-9-408.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec.<br />

<strong>89</strong>-6-301. Purpose and scope of part.<br />

PART 3. URBAN DESIGN STANDARDS


The purpose of this part is to establish urban design parameters and standards for all development<br />

within the City.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-302. Urban design principles.<br />

(a) Character and condition of City. These principles are based on a shared understanding of the<br />

current character and condition of the City as follows:<br />

(1) The City reflects a diversity of architectural styles.<br />

(2) <strong>West</strong> <strong>Jordan</strong> is a moderately sized City in the Salt Lake Valley, with the potential to become<br />

one of the three largest cities in the State.<br />

(3) The City has been developed largely in small pieces occupying a large land area. Despite its<br />

size, the separation of those pieces remains as a barrier to the goals of community and a higher<br />

quality of life. We should seek to diminish these forces of separation in the form of our City<br />

by fostering an attitude of neighborliness within our urban fabric. Each development should<br />

enhance its neighborhood and relate to the City as a whole.<br />

(4) The City is currently oriented to vehicles that travel at an average speed of 35 miles per hour in<br />

the City limits. New development should foster the creation of environments with a priority<br />

for pedestrians. The average pedestrian moves at about four miles per hour and views (and<br />

uses) the environment in a detailed fashion.<br />

(b) Context. Every development has a relationship to its setting. Positive relations can be<br />

achieved by examining the next largest (and smallest) context of the site. Ignoring the context can often assure<br />

poor relationships.<br />

(1)<br />

The size, character and setting of proposed projects should relate to their specific contexts and<br />

functions of adjacent streets and pedestrian networks. Buildings should be oriented to public<br />

rights-of-way as well as additional internal circulation systems.<br />

(2) New development should incorporate building materials and technology that are compatible<br />

with the arid setting and that are responsive to the climate of this region.<br />

(c) Amenity/comfort. Urban conditions such as paved areas and buildings generating reflected<br />

heat create aridity and require mitigating design features which enhance habitability.<br />

(1)<br />

Promote human comfort by providing shaded areas, courtyards, colonnades, and other areas<br />

as site amenities.<br />

(2) Create developments for the ease of pedestrians both on and off the site.<br />

(3) Promote the creation of public and semipublic places at both large and small scales to<br />

encourage a sense of community.<br />

(4) Create a sense of place that respects nature and utilizes natural and manmade materials and<br />

devices.<br />

(5) Encourage separation of pedestrians and automobiles.


(6) Promote nighttime uses of sites with secure, well-lighted amenity zones and programmed<br />

activities.<br />

(d) Visual interest. An environment that contains a harmonious balance of various forms and<br />

materials can be visually interesting. Too much variety or too much uniformity can lack visual interest. New<br />

development should seek to preserve and enhance this basic human need.<br />

(1) Incorporate architectural and landscape elements at the pedestrian level.<br />

(2) Maintain a pedestrian scale by creating variation of the urban form.<br />

(3) Recognize the interest created by both the repetition and changes in various project patterns<br />

from window openings to paving designs.<br />

(4) Promote a diversity of architectural styles.<br />

(5) Integrate arts and crafts creatively into the built environment.<br />

(6) When a project occurs in a visually rich context, its form, materials, orientation, and detailing<br />

should incorporate the assets offered by its setting.<br />

(7) When a project occurs in a setting devoid of visual interest, it should seek to provide a wide<br />

variety of forms and texture.<br />

(e) Activity. Environments that provide a variety of choices for people are generally active<br />

settings for people to gather. This fosters a sense of community when a visit can serve multiple needs in a<br />

setting that provides safety, security, and activity.<br />

(1) Encourage mixed-use developments so as to provide increased opportunities for informal and<br />

planned activities beyond the typical 9:00 a.m. to 5:00 p.m. work hours.<br />

(2) Promote design that will increase opportunities for activities both within the project<br />

boundaries and between existing adjacent developments and neighborhoods.<br />

(3) Where feasible, encourage design of single-usage facilities to accommodate retail and other<br />

uses at the pedestrian level to encourage activity and use.<br />

(f) Clarity and convenience. An environment that is easy to understand will usually also be<br />

convenient for the people who use it. That is not to say complexity must be avoided. Complexity can offer<br />

excitement, but not at the expense of routine accessibility of the general public.<br />

(1) Environments should be created that are understandable and help orient the user and the<br />

general public.<br />

(2) Developments should be convenient to and accessible by persons with physical limitations<br />

and disabilities.<br />

(3) Developments should derive their basic order from the underlying geometry of City streets<br />

and the north/south, east/west orientation it implies. This will assist the ready<br />

comprehensibility<br />

of the City. Individual projects should relate to existing streets and canals,<br />

except where creative design establishes a more successful relationship to new streets,


pedestrian walkways, or major open spaces.<br />

(4) Sites should be planned to respect existing natural and manmade landmarks and to create<br />

landmarks for the ease of public recognition.<br />

(5)<br />

(6)<br />

Protect major vistas and panoramas that give special emphasis to open space and mountains.<br />

Design project signage and environmental graphics at a scale that provides clarity to the<br />

pedestrian as well as the automobile and does not result in visual clutter.<br />

(g) Character/distinctiveness. Every project should strive to enhance the unique character of its<br />

neighborhood. Without limiting the creative opportunities for the specific project, the development should<br />

help make its neighborhood more distinctive.<br />

(1)<br />

(2)<br />

Each development should contribute to the character identified for each project and the<br />

specific character for neighborhoods within each project.<br />

Promote neighborhood identity by planning elements that reinforce the landscape and built<br />

character of the area.<br />

(3) The character and environments should be designed at a human scale as well as within its<br />

neighborhood identity.<br />

(h) Definition of space. Streets, parking lots, buildings and landscape are the major elements that<br />

define the special qualities of our environment. Organize them to foster a setting supportive to the pedestrian<br />

as well as the driver.<br />

(1) Relate the size, character, and setting of proposed projects to the functions of adjacent streets<br />

and pedestrian networks. Buildings should be oriented to the public rights-of-way and close<br />

to pedestrian movement.<br />

(2)<br />

(3)<br />

The areas immediately adjacent to buildings should be designed to integrate with surrounding<br />

landscape and pedestrian walkways. Shaded courtyards, cloisters, trellises, colonnades and<br />

public art are encouraged for consideration into the design to define space.<br />

In an effort to create safe pedestrian walkways on highly traveled public rights-of-way, a<br />

buffer area should separate the sidewalk from the street curb.<br />

(4) On-street parking should be encouraged in village core business areas to further protect the<br />

pedestrian zone from vehicular traffic.<br />

(i) Views. City dwellers and visitors alike appreciate being reminded of the beauty of their<br />

environment. Protecting views of the environment assist in fostering appreciation of our environment, as well<br />

as allowing the environment to aid in orienting people spatially within the City.<br />

(1) Protect major vistas and panoramas that give special emphasis to open space, mountains, and<br />

special manmade or natural landmarks.<br />

(2)<br />

Promote the creation of views both from within a project and from the adjacent streets and<br />

neighborhoods into the project. Consider the access to views of both the project users and the<br />

general public.


(3) Create opportunities for incorporating individual projects into the patterns and sequence of<br />

views that exist within an area, neighborhood, or urban village.<br />

(4)<br />

Limit the use of sound walls or fences over eight feet in height that diminish view corridors.<br />

(j) Variety/contrast. Variety of site and building design helps to create interest within an urban<br />

area. Coupled with attention to creating environments for human activities, such variety fosters goals of<br />

creating identifiable neighborhoods and of encouraging creative development.<br />

(1)<br />

Promote variety and diversity of building and site design within a context of urban and<br />

architectural continuity.<br />

(2) Create environments that encourage a number of specific activities fronting the street, court,<br />

or plaza at ground level to provide variety at a human scale.<br />

(k) Scale and pattern. Ultimately, all developments must relate to the human scale. Patterns help<br />

humanize development.<br />

(1) A large structure should contain elements which transition to the human scale, particularly<br />

near the ground.<br />

(2) If a development is larger (or smaller) than its adjacent physical context, the design should<br />

provide transitional elements at the perimeter to integrate it with its surroundings.<br />

(3) The variation of scale, pattern, and texture of building and landscaping elements is<br />

encoura ged to create a more visually interesting project. The variety should be readable at the<br />

pedestrian scale as well as from a distance (skyline).<br />

(4) The proportion between the height of a building and the width of the street and setback<br />

determine the basic urban form. If the intent of the design is urban in character, the height<br />

should be greater and the setback less.<br />

(5) Buildings should be designed to reveal or express their primary patterns of use and entry. This<br />

will not only assist comprehensibility, but also achieve a desirable variety.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

PART 4. DEVELOPMENT CONSTRUCTION STANDARDS<br />

Sec. <strong>89</strong>-6-401. Purpose and scope of part.<br />

The purpose of this part is to provide standards for the installation of improvements required in<br />

conjunction with a development project plan approval. Each developer of a development project approved<br />

under the provisions of this <strong>Title</strong> shall comply with the Public Improvement Standards, Specifications, and<br />

Plans and requirements of this part, except when an exception thereto is expressly granted.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-402. Public Improvement Standards, Specifications, and Plans.<br />

(a)<br />

Promulgation of standards. The City manager or his designee shall promulgate Public


Improvement Standards, Specifications, and Plans, not inconsistent with the provisions of this part. These<br />

standards may be changed, altered, or amended from time to time as necessary for the proper administration of<br />

this <strong>Title</strong> and to ensure improvements are constructed and installed in compliance with the provisions of this<br />

part.<br />

(b) Compliance with standards. The developer shall comply with the City’s Public Improvement<br />

Standards, Specifications, and Plans, fire, and building codes in effect on the date that a complete application<br />

is made for approval of a development project or plan as provided in this <strong>Title</strong> and appropriate fees are paid. If<br />

the City’s Public Improvement Standards, Specifications, and Plans are amended or altered by the City, the<br />

developer shall comply with such amendments.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-403. Street design and layout.<br />

(a)<br />

Master street plan.<br />

(1) Compliance with plan. All development within the City shall incorporate applicable<br />

recommendations of the adopted Transportation Master Plan. As a condition of development<br />

approval, the developer shall install such extensions and widening as are indicated according<br />

to the standards specified in the Plan. The City Engineer may require a traffic study to be<br />

conducted and its recommendations implemented.<br />

(2) Permit issuance. No permits shall be issued, nor shall any development be approved, if the<br />

building or development is not in compliance with the provisions of this section. No building<br />

shall be constructed and no development shall be approved within a future right-of-way<br />

identified in the Transportation Master Plan.<br />

(3)<br />

(4)<br />

Location of improvements. The developer shall not build any structure or make any other<br />

improvements incompatible with the use of the area as a public thoroughfare for vehicular<br />

traffic within the designated right-of-way as indicated in the Transportation Master Plan.<br />

Improvement setbacks. The developer shall locate all permanent structures at such setbacks as<br />

are stipulated under the applicable zoning ordinances of the City.<br />

a. In cases where the developed roadway must deviate from the surveyed centerline of<br />

the right-of-way (to make adjustments for existing roadway improvements and/or<br />

earlier survey errors), the developer shall install the roadway at such locations as are<br />

necessary to make provision for such adjustments.<br />

b.<br />

In cases where the development of a parcel is adjacent to two streets identified in the<br />

City’s Transportation Master Plan, the developer shall not build within or make<br />

incompatible improvements within the indicated reserved right-of-way, plus<br />

appropriate setback, plus the next increment of reserved right-of-way across the<br />

frontage of the developer's property, for a maximum distance of 200 feet. The<br />

purpose of this additional reservation is to provide additional room for turning lanes at<br />

major street intersections.<br />

(b) State road connections. The developer shall make connections to State roads at such locations<br />

and in the manner specified by the State department of transportation engineer.


(c) Eminent domain. Nothing in this section shall obligate the City to purchase the right-of-way<br />

or to exercise its right of eminent domain against the properties so developed or to create or recognize any right<br />

of inverse condemnation whatsoever.<br />

(d) Design standards. See <strong>West</strong> <strong>Jordan</strong> City’s Current Public Improvement Standards,<br />

Specifications, and Plans.<br />

(e) Streets along development boundaries. Streets along a development boundary shall be<br />

constructed to City standards, except that at the recommendation of the Planning Commission, the<br />

right-of-way line may be contiguous with the back of the curb.<br />

(f) Dedication. All streets shall be dedicated for use by the public, except those streets in a<br />

condominium project where the developer may have private streets.<br />

(g) Curb, gutter and sidewalk. The developer shall install high-back curb and gutter at the<br />

locations specified by the City Engineer. Curb, gutter, and sidewalk shall comply with the provisions of the<br />

Public Improvement Standards, Specifications, and Plans.<br />

(1) Where any part of the development is adjacent to or connects to an existing, paved City street,<br />

the developer shall install the appropriate curb, gutter, and sidewalk in the proper location for<br />

the existing street and shall extend the asphalt paving to the curb and gutter so installed. The<br />

road base and asphalt paving installed by the developer shall comply with the provisions of the<br />

City’s Public Improvement Standards, Specifications, and Plans. If there are, within the<br />

development, no lots abutting upon an existing paved street and the developer is installing a<br />

new street which connects to an existing, paved City street, the developer shall extend curb<br />

and gutter on the new street around the radius at the proper setback for the existing City street<br />

and shall continue laying that same width of pavement to the existing pavement on the City<br />

street, to the outside end of the radius so installed.<br />

(2) Whenever a new structure is built, a structure existing on the effective date of the ordinance<br />

from which this part is derived, modified, renovated, or improved (where the combined value<br />

of such modifications, renovations or improvements undertaken since the effective date of the<br />

ordinance from which this part is derived or to be undertaken exceed 50 percent of the current<br />

market value of the structure), or where any site development increases the use of public<br />

streets, the owner of the property shall place curb, gutter, and sidewalk at the proper location<br />

along the entire frontage of the property for the road width as determined by the City<br />

Engineer. If the development abuts a State highway, the developer must obtain approval for<br />

the location of curb, gutter, and sidewalk from the State highway rights-of-way engineer. The<br />

owner, developer or builder shall install road base and asphalt complying with the provisions<br />

of the Public Improvement Standards, Specifications, and Plans, from the existing edge of<br />

pavement to the line of the new curb and gutter so installed. The owner may, at his option,<br />

dedicate the widened portion to the City. The dedication of property shall not alter zoning<br />

limitations or zoning privileges.<br />

(h) Bridges. The City Engineer shall approve design and construction of new bridges in advance.<br />

If a bridge is proposed over a canal or natural drainage channel not owned or controlled by the City, the<br />

developer shall show proof that the bridge has been approved by the owner of the canal.<br />

(Enacte d by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-404. Street lighting.


The developer shall install a street lighting system that complies with the construction standards of the<br />

Public Improvement Standards, Specifications, and Plans. All street lighting shall be installed and operational<br />

prior to the release of bonds. The City reserves the right to turn on the lighting at its discretion.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-405.<br />

Utilities.<br />

(a) Utilities. Asphalt paving operations shall not begin until all public utilities (electrical power,<br />

natural gas, telephone, cable television, culinary water, irrigation water, sanitary sewer, and storm sewer) are<br />

installed under the streets. Provisions shall be made for future installation of signalized intersections,<br />

electrical power, natural gas, telephone and cable television through sleeves or conduits placed under the<br />

pavement. The developer shall be responsible for coordinating the timely installation of these utilities. The<br />

developer shall provide, at or before the pre-construction conference, verification acceptable to the City<br />

Engineer that he has notified these utilities of the locations available for installation of the utilities and his<br />

timetable for the street paving.<br />

(b) Underground utilities required. All electrical, communications, television service cables, and<br />

similar distribution service wires and/or cables to serve new developments shall be placed underground at the<br />

owner or developer’s expense, regardless of whether the utilities are initially installed by the developer or are<br />

in place prior<br />

to development. The owner or developer shall be responsible for complying with the<br />

requirements of this section, and shall make necessary arrangements with each of the servicing utilities for<br />

installation of such facilities.<br />

(1)<br />

Above-ground components. Transformers, terminal boxes, meter cabinets, pedestals,<br />

concealed ducts, and other facilities necessarily appurtenant to such underground facilities<br />

may be placed above ground. Water and sewer distribution facilities shall be installed in<br />

conformance with the City’s Public Improvement Standards, Specification, and Plans<br />

manual.<br />

(2) Waiver. The Planning Commission may waive the requirements of this section in a particular<br />

case where it is shown, and the Planning Commission finds, that topography, soil, surface<br />

water or other conditions make underground installation unreasonable or impractical.<br />

(3)<br />

Applicability. The provisions of this section shall not apply to low power radio service<br />

antennas, transmission lines with a capacity of 69kV or greater, and overhead communication<br />

long distance trunk and feeder lines.<br />

(c) Construction standards. Roadway improvements to be built by the developer that will be<br />

dedicated to the City shall conform to the following:<br />

(1) Improvements shall be guaranteed as specified in section <strong>89</strong>-6-1202. The developer shall be<br />

responsible for maintenance of the improvements during the guarantee period.<br />

(2) Installation of these<br />

improvements shall comply with the City’s Public Improvement<br />

Standards, Specifications, and Plans.


(d) Relocation of utilities. The developer shall, at his expense, cause to be relocated those utility<br />

lines, including but not limited to electrical power, telephone, fiber optic, cable television, natural gas, culinary<br />

water, sanitary sewer, storm sewer and irrigation water lines, lawfully existing within the public right-of-way<br />

prior to the development, if such relocation is made necessary by the development.<br />

(e) Easements. Unless waived for good and sufficient cause by the Planning Commission, after<br />

receiving a recommendation from the City Engineer, the developer shall provide easements for all public<br />

utilities (electrical power, natural gas, telephone, cable television, culinary water, irrigation water, sanitary<br />

sewer, and storm sewer) through a development and adjoining property which are not located within a public<br />

right-of-way. The developer shall obtain from the telephone, natural gas, cable television, and electrical power<br />

companies the<br />

required location for easements to serve those utilities. The developer shall obtain, at their<br />

expense, easements as are necessary for the installation of off-site storm drains, culinary water, and sanitary<br />

sewer structures. The developer shall provide to the City the perpetual easement and shall authorize the<br />

maintenance of<br />

the storm sewer facilities so dedicated to the City. All permanent facilities or appurtenances<br />

constructed or provided under this part shall, upon written acceptance of the City, become the property of the<br />

City and the City shall thereafter operate and maintain the same.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-45, 11-09-2004; Ord. No. 07-17, 05-15-2007)<br />

Sec. <strong>89</strong>-6-406.<br />

Water systems.<br />

(a) Culinary water system required. The developer shall install a culinary water system that<br />

complies with construction standards established in the City’s Public Improvement Standards, Specifications,<br />

and Plans manual. All water lines shall be extended across the entire frontage of all existing streets and to the<br />

boundary of the development on all existing or proposed City streets. Wherever possible, the developer shall<br />

install water lines into the development from two different directions to provide water circulation. If the City’s<br />

General Plan for water shows a water line larger than that required for the proposed development, the<br />

developer shall install the line of proper dimension.<br />

(1) Off-site water supply requirements. The developer shall, at his expense, install all off-site<br />

culinary water lines to connect his development with existing City systems.<br />

(2) Backflow prevention devices. The developer shall install backflow prevention devices in<br />

accordance with the requirements of the International Plumbing Code.<br />

(3) Residential water meters. The developer shall install residential water meters in accordance<br />

with the City’s requirements. The developer is to obtain the specifications for the residential<br />

water meters, order them, and install them as part of the subdivision improvements. As with<br />

the other public improvements of the subdivision, the developer will be responsible for the<br />

water meters through the warranty period. The exception to this requirement is, that once a<br />

building permit is issued for a particular lot within the residential project, the building<br />

contractor then becomes responsible for ensuring the water meter and environs are protected.<br />

The water meters will be inspected by City staff at the appropriate times, prior to various<br />

releases and issuance of permits. If the meter is missing or damaged, the responsible party<br />

will be responsible for replacing or repairing the meter.<br />

(4) Operation of water system. It is unlawful for any person, without specific authority of the<br />

public works director, to open or close any gate valve or other fixture attached to the system of<br />

water supply, or in any way to injure, deface or impair any part of appurtenances of the<br />

culinary water system.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 05-67, Adopted 12-06-2005 / Effective 03-01-2006; Ord.<br />

No. 07-17, 05-15-2007)


Sec. <strong>89</strong>-6-407. Waterways.<br />

(a)<br />

Natural drainage channels.<br />

(1) Filling or dredging of waterways and other natural drainage channels. Filling or dredging of<br />

major natural drainage channels, including the <strong>Jordan</strong> River, Barney’s Wash, Barney’s Creek,<br />

Bingham Creek, Clay Hollow Wash, Dry Wash and others as designated in the Storm Water<br />

Master Plan, is prohibited without the approval of the City Engineer. In addition, natural<br />

drainage channels shall not be altered without first obtaining required permits for such<br />

alteration from the Salt Lake County Flood Control Division, the United States Army Corps of<br />

Engineers, or such other agency having jurisdiction over the natural drainage channel.<br />

(2) Pedestrian or vehicular crossings of drainage corridors. In those cases where either pedestrian<br />

or vehicular access over a watercourse, gully, streambed, or storm water runoff channel is<br />

found to be necessary or desirable, a bridge or other approved structure as approved by the<br />

City Engineer shall be constructed for that purpose. Bridges or other structures crossing water<br />

courses, gullies, stream beds, or storm water runoff channels shall be designed to minimize<br />

impacts on these natural drainage corridors, and where practical, to provide for the passage of<br />

wildlife under such structures.<br />

(3) Preservation of vegetation. All existing vegetation within drainage corridors shall be<br />

preserved and, where necessary to provide adequate screening or to repair damaged riparian<br />

areas, supplemented with additional native or adapted planting.<br />

(b) Irrigation ditches. No open gravity flow irrigation ditches shall be permitted within the<br />

boundary of a development unless approved by the Planning Commission. The developer shall pipe all<br />

irrigation ditches, whether for transporting irrigation or waste flow water, in accordance with the requirements<br />

of subsection (c) of this section.<br />

(1) The developer of a residential structure outside of a recorded subdivision may be granted a<br />

temporary exemption from the foregoing piping requirement if the ditch to be piped is not<br />

piped for at least 25 percent of the linear distance 250 feet upstream from the proposed piping<br />

and 250 feet downstream from the proposed piping.<br />

(2) The developer who is granted a temporary exemption from the piping requirements shall pipe<br />

the ditch when the surrounding development within the 250-foot distance is developed and at<br />

least 25 percent of the adjoining ditch is piped. For the purpose of determining the 25 percent<br />

limitation, the ditch shall be deemed to be piped if it has been granted the temporary<br />

exemption under this section.<br />

(c) Construction standards. The developer shall install drainage systems that comply with the<br />

Public Improvement Standards, Specifications, and Plans. The piping shall be of sufficient size and design to<br />

handle the reasonably anticipated flow of the ditch. The Planning Commission may, for good cause shown and<br />

after receiving a recommendation from the City Engineer, waive the requirements of this subsection if it can be<br />

reasonably<br />

shown that the public is generally protected and that the water to be delivered through the piped<br />

ditch is not diminished in quality or quantity.<br />

(1) In cases where the ditch upstream from the development is not enclosed, the developer shall<br />

install appropriate boxes, gratings and covers to keep large debris and unauthorized persons<br />

from entering the piped ditch. Where the piping runs along the perimeter of the development<br />

and water users who own property adjacent to the subdivision utilize the ditch, the developer<br />

shall install appropriate weirs, head gates and access boxes, at the appropriate locations, to


accommodate the water users.<br />

(2) The development site plan shall indicate the easements necessary for the piping of the<br />

irrigation ditch. In cases where a ditch is removed from an existing easement to a new<br />

location, the developer shall convey to the water users an easement, not less than five feet on<br />

each side of the centerline of the pipe, for the relocated and piped ditch. The piping shall be<br />

such as to allow easy access for the water users adjacent to the piped ditch.<br />

(3) At the time of submission of engineering and technical drawings and materials, the developer<br />

shall provide detailed engineering drawings and plans, showing the topography of the finished<br />

grade and the piping system to be installed.<br />

(4) Prior to approval of the development, the developer shall obtain the written approval of the<br />

water users of the ditch to be piped. The developer shall provide the City Engineer with<br />

written proof as to the owners of water rights within the ditch to be piped.<br />

a. The City Engineer shall invite the water master responsible for the ditch or his<br />

designee to attend the pre-construction conference.<br />

b. The developer shall take such actions as are necessary to avoid interference or<br />

impedance with the flow of water within the ditch during the irrigation season.<br />

c. Unused, abandoned irrigation or wastewater ditches may be filled in if written<br />

approval is obtained from the persons having water rights within the ditch. The<br />

written approval of the water users shall be obtained and presented to the City<br />

Engineer prior to final development approval.<br />

(d) Inverted siphons. The City shall maintain those inverted siphons installed under a City-owned<br />

roadway or where required by the City (regardless of where siphon is located) when the siphon is made<br />

necessary to accommodate increased traffic demands or to address legitimate public safety concerns and not<br />

merely for the convenience of the developer. The City shall maintain those inverted siphons installed at those<br />

locations designated by the City Engineer. The City will hold harmless and indemnify the water users/ditch<br />

owners for all claims brought against them by reason of damages proximately caused by blockage of the<br />

siphon so maintained by the City.<br />

(e) Dedication of improvements. Following the installation of the irrigation improvements and<br />

facilities pursuant to this section, the developer shall dedicate such improvements and facilities to the irrigation<br />

water users, who shall be thereafter responsible for the ownership and maintenance thereof, except when the<br />

improvements have been installed pursuant to the requirements of subsection <strong>89</strong>-6-406(b).<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-20, (a), 04-27-2004)<br />

Sec. <strong>89</strong>-6-408. Fire protection.<br />

(a) Fire hydrants. Fire hydrant protection and location shall comply with current Fire Code and<br />

as directed by the Fire Marshall and follow the City’s Public Improvement Standards, Specifications, and<br />

Plans.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-409. Sanitary sewer system.<br />

(a) Required. The developer shall install a sewer system that complies with the construction<br />

standards of the City’s Public Improvement Standards, Specifications, and Plans manual. manual. All sewer


lines shall be extended across the frontage of all existing streets and to the boundary of the development.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-410. Storm drain system.<br />

(a) Required. The developer shall cause to b e designed and installed a storm drain system to<br />

properly dispose of all storm water generated on the deve lopment or upstream of the development. The storm<br />

sewer system shall comply with the City’s Public Improvement Standards, Specifications, and Plans. If the<br />

City master plan for storm drain shows a pipe line larger tha n that required for the proposed development, the<br />

developer will install the line of proper dimension. If easements are required across abutting property for sewer<br />

lines, the developer shall obtain such easements.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-411 Grading and drainage.<br />

(a)<br />

Requirements.<br />

(1) All grading shall comply with and be governed by the International Building Code, Appendix<br />

K, as adopted by the State of Utah and the City of <strong>West</strong> <strong>Jordan</strong>, whether on public or private<br />

lands.<br />

(2) In addition, the following requirements shall apply:<br />

a. Prior to placement of concrete<br />

for the footings of a structure, the owner shall provide<br />

a survey prepared by a license d e ngineer or land surveyor to verify that the structure is<br />

at an elevation which will allow for proper drainage away from the structure and to an<br />

approved drainage facility.<br />

This requirement may be waived by the building official<br />

or the City Engineer where compliance can be shown without conducting a survey.<br />

b. New streets shall be so arranged as to allow for drainage to be contained in and<br />

channeled through the stree ts in the event the storm drain system fails, or its capacity<br />

is exceeded.<br />

c. Slope easements shall be provided for new streets as necessary to assure that failure of<br />

slopes or retaining structures will not adversely affect structures on the abutting<br />

properties.<br />

d. The accumulation of water from more than two lots along interior lot lines shall not be<br />

permitted unless provision is made for the appropriate disposal of accumulated water.<br />

e. A preliminary grading plan sha ll be submitted with preliminary subdivision plats and<br />

preliminary site plans. The grad ing plan shall show existing topography of the area<br />

and proposed grading using a maximum contour interval of two feet.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-412. Soils report.<br />

(a) Testing. A soils report shall be submitted for all developments with public road<br />

improvements. It shall include but not be limited to pavement design, groundwater level, soil type, gradation,<br />

location of test, type of test, conclusions, and recommendations. Tests should be taken along proposed<br />

roadwa ys at intersections, changes in soil type, and at 750 foot minimum intervals. City Engineer If a water<br />

table problem exists, provisions shall be made to control the water to ensure dry basements. The City Engineer


may require a letter providing a geotechnical report or a geologic report. Recommendations in the report shall<br />

be incorporated into the design and development.<br />

(b) Excavations and fill affecting the <strong>Jordan</strong> River or it’s tributaries. Development adjacent to<br />

the <strong>Jordan</strong> River or its natural tributaries or within any marsh or wetlands of the <strong>Jordan</strong> River which will result<br />

in any e xcavation or discharge of fill materials into the navigable waters of the <strong>Jordan</strong> River shall require a<br />

permit from the U.S. Army Corps of Engineers prior to the issuance of local permits for excavation of material<br />

or disposition of fill into any wetland or stream channel. This determination shall be made as part of the<br />

preliminary staff review. The developer shall comply w ith all rules, regulations, and conditions imposed by<br />

any agency having jurisdiction over such channels.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-413. Reimbursement for System Improvements.<br />

(a) Improvements specifically listed but not yet built in the City’s Capital Facilities Plan (CFP)<br />

may be constructed by the developer out of the CFP-plann ed sequence if such construction is acceptable to the<br />

City and does not create unreasonable collateral hardships to the infrastructure system. The developer may<br />

request a reimbursement agreement, pursuant to provisions of Sections 87-5-201 through 87-5-208 of the <strong>West</strong><br />

<strong>Jordan</strong> Municipal Code, with the City to recover eligible costs which shall not exceed the costs upon which the<br />

impact fees were established. The reimbursement agreement shall establish a priority for the included<br />

improvements, and eligible costs may be reimbursed fro m impact fees collected, after higher priority projects<br />

in the respective CFP have been adequately funded.<br />

(b) In no event shall the reimbursement exceed the actual cost of public improvements.<br />

(c) Storm drainage connection . Payment<br />

of a storm drainage impact fee or dedication of land in<br />

lieu thereof does not relieve the developer of the responsibility to provide the necessary storm drainage<br />

improvements between a development and the nearest defined natural drainage channel or other existing storm<br />

drainage improvements capable of handling runoff from within the development. Such improvements shall be<br />

constructed in accordance with City and county flood control master plans.<br />

(Enacted by Ord. No. 03-40, 07-15-2003;Ord. No. 03-64, (a)&(b), 10-21-2003)<br />

PART 5. HOME OCCUPATIONS.<br />

Sec. <strong>89</strong>-6-501. Purpose and intent.<br />

The purpose of this Part is to encourage<br />

the majority of business activities to be conducted in<br />

appropr iate commercial zones. Business activities may only be conducted within a residence on a limited<br />

basis if such activities comply with the standards established herein Home occupations are a temporary<br />

privilege that can be revoked if disruption of the residential neighborhood occurs.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-23, 05-25-2004)<br />

Sec. <strong>89</strong>-6-502. Home Occupation Standards.<br />

(a) A home occupation shall not be allowed unless it meets the following standards:<br />

(1) The home occupation shall be a subordinate use which is clearly secondary and incidental<br />

to<br />

the primary use of the dwelling unit for residential purposes.<br />

(2) The home occupation shall be carried on within the principal residence building.


(3) The business licensee shall reside in the residence where the home occupation is conducted.<br />

Two (2) employees other than resident s of the dwelling unit shall be allowed for a home<br />

occupation. Daycare services shall be allowed employees as specified in this <strong>Title</strong><br />

(4) A home occupation shall not alter the exterior residential character of the dwelling or<br />

premises. No exterior architectural m odification shall be made expressly to accommodate the<br />

home occupation. Interior alterations for the purpose of accommodating the home occupation<br />

are prohibited if such alteration eliminates either the kitchen, dining area, bathrooms, living<br />

room, or a majority of the bed rooms.<br />

(5) The home occupation shall not invo lve the use of any yard space or activity outside of the<br />

residence, except where the use or activity is customarily found in the residential<br />

neighborhoo d and where said use or activity does not adversely impact the residential nature<br />

of the neighborhood. Storage in or use of a garage is not allowed except for appropriate<br />

vehicle storage.<br />

(6) Except where a daycare service is approved as a home occupation, not more than 25% of the<br />

area of any one floor shall be devoted to the home occupation and/or storage of stock in trade.<br />

(7) Advertising signs shall be limited to one unanimated, non-illuminated wall sign for each street<br />

upon which the dwelling fronts. The sign shall be placed either in a window or on the exterior<br />

wall of the dwelling and shall not have an area greater than two square feet. Minimal mailbox<br />

identification is permitted.<br />

(8) Only one vehicle and one trailer may be used in association with the home occupation. They<br />

shall be stored entirely on private property and not within the front yard or street side yard of a<br />

corner lot. Off-street parking for residents must be preserved in addition to that which is<br />

required for the commercial<br />

vehicle. The vehicle used for the home occupation shall be<br />

limited to a maximum size of one-ton gross vehicle weight. Off-street parking for the<br />

resident’s vehicles and the commercial vehicle must be maintained<br />

(9) Off-street parking for all vehicles, including custom er. client, or other business-related visitor<br />

vehicles shall be provided at the location where the home occupation is being conducted.<br />

(10) Up to six customers or patrons per hour may come to the home provided adequate parking is<br />

provided as requir ed above and the use does not adversely affect the neighborhood.<br />

(11) The home occupation shall be conducted only by persons who are residents of the dwelling<br />

unit. Employees shall not be permitted except as approved for a daycare service.<br />

(12) The home occupation shall not be discernable beyond the premises or unreasonably disturb<br />

the peace and quiet of the neighborhood by causing interference with radio, television, or<br />

other electronic reception or by reason of design, materials, construction, lighting, glare,<br />

color, spray, odor, smoke, dust, heat, sound noise, vibration, vehicles, parking, general<br />

operation of the business, or other nuisance.<br />

(13) Explosive or combustible materials shall not be allowed in conjunction with a home<br />

occupation. No process or material shall be used which is hazardous to public health, safety,<br />

morals,<br />

or welfare.<br />

(14) Promotional meetings for the purpose of selling merchandise or taking orders shall not be held


more than once per month.<br />

(15) Garage, basement, yard or other similar sales are permitted up to four times each year, and<br />

each sale shall not last more than 72 hours.<br />

(16) All home occupations shall be conducted only between the hours of 7 a.m. and 10:00 p.m.<br />

(17) The number of students/children permitted in association with the home occupation shall<br />

include the licensee’s children except those children over 12 years of age.<br />

(18) The home occupation shall not generate greater traffic than would normally be expected in a<br />

residential neighborhood<br />

(19) The home occupation shall not create a demand for municipal, community, or utility services<br />

that are substantially in excess of those usually and customarily provided for residential uses.<br />

(20) There shall be complete conformity with health, fire, building, plumbing, electrical, and all<br />

other City, County, State, and Federal codes, including business license regulations. Periodic<br />

inspections will be made as required by these codes and the type of home occupation.<br />

(21) More than one home occupation business license per dwelling may be permitted provided that<br />

the cumulative effect of such businesses shall not violate the provisions and intent of this Part.<br />

Any or all of the home occupation licenses issued may be subject to suspension or revocation<br />

if the cumulative effect of the conduct of those businesses violates this Part.<br />

(22) Home occupation licenses may be reviewed and revoked upon valid unresolved complaint.<br />

Inspections by the City may occur as necessary to assure conformance with these regulations.<br />

(23) Special conditions recommended by the City Planner shall be recorded in the business license<br />

file.<br />

(24) The preparation , storage, manufacture or sale of foods<br />

Salt Lake County Health Regulation.<br />

from a private home is prohibited per<br />

(25) The minimum amount of square feet per child shall be subject to State licensing requirements.<br />

Currently, this requirement is: 35 square feet indoor and 40 square feet outdoors.<br />

(26) A home occupation shall not include the retail sales or storage of goods and merchandise<br />

except those that are produced on the premises or those that are necessary to reasonably<br />

conduct the business. Such retail sales must be by appointment or other personal arrangement<br />

and not offered to the general public as a commercial retail outlet. Sales and storage of<br />

products shall not involve the use of any outdoor yard space visible to neighbors or the general<br />

public.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-12, (a)(3) & (26), 04-06-2004)<br />

Sec <strong>89</strong>-6-503. Permitted home occupations.<br />

(a)<br />

Permitted home occupations include, but are not limited to the following:<br />

(1) Artist, authors, architectural services;


(2) Accountants;<br />

(3) Barbershops and beauty shops;<br />

(4) Bookkeeping;<br />

(5)<br />

Consulting services;<br />

(6) Construction Office (no storage of vehicles or equipment);<br />

(7) Dance studio, aerobic exercise, music lessons, tutoring and general educational instruction,<br />

provided the number of students is limited to not more than six at any time;<br />

(8) Day care or preschool for not more than six children;<br />

(9) Data processing, computer programming;<br />

(10) Direct sales distribution;<br />

(11) Home crafts;<br />

(12) Garden produce;<br />

(13) Janitorial service;<br />

(14)<br />

(15)<br />

(16)<br />

Insurance sales or broker, interior design;<br />

Landscape Contractor (office only, no trailers or heavy equipment);<br />

Mail order (not including retail sales from site);<br />

(17) Offices;<br />

(18) Real estate sales or broker;<br />

(19) Sales representative; and,<br />

(20) Sewing or embossing of clothing or fabrics;<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

PART 6. OFF-STREET PARKING<br />

Sec. <strong>89</strong>-6-601. Purpose and scope of part.<br />

(a) Purpose. The purpose of this part is to establish standards for and maintenance of adequate<br />

but not excessive off-street parking for vehicles used by persons expected to come to an establishment at any<br />

time under normal conditions for any purpose, whether as patrons, customers, guests, employees, or otherwise.<br />

Such parking areas shall also include vehicle access and off-street standing areas. The requirements of this<br />

part are also intended to result in easily accessed parking areas that are attractively landscaped<br />

to improve their<br />

appearance and to avoid negative environmental impacts associated with large areas of asphalt.


(b) Applicability. This part is applicable to any development requiring automobile or vehicular<br />

access.<br />

(Enacte d by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-602. Provision of parking.<br />

(a) Parking required. Each person who establishes a use under the authority of this <strong>Title</strong> shall<br />

provide, or cause to be provided, the parking required by this part, except where the City has established<br />

permanent parking areas or facilities to provide parking for such use on a community basis.<br />

(b) Continued obligation to provide parking spaces. Provision of parking as required by this part<br />

shall be a continuing obligation so long as the use continues with which required parking is associated. It shall<br />

be unlawful for any owner of any building or for any person responsible for providing parking to discontinue<br />

or dispense with required parking facilities without providing some other vehicle parking area which meets the<br />

requirement of this part.<br />

(c) Nonconforming parking facilities. Any use of property which on the effective date of this<br />

<strong>Title</strong>, or of any subsequent amendment thereto, is nonconforming only as to the regulations relating to<br />

off-street parking facilities may continue in the same manner as if the parking facilities were conforming.<br />

Such existing parking facilities shall not be further reduced. Any reconstruction, alteration, or other change in<br />

use shall be subject to the provisions of this part.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-603. Required number of parking spaces.<br />

(a) Generally. This section establishes the number of parking spaces to be provided for any<br />

building, structure, improvement, or use hereafter constructed, reconstructed or enlarged. The abbreviation<br />

"GFA" means “gross floor area”. Any fractional parking space requirement shall be rounded up to the next<br />

whole number. Uses marked with an asterisk (*) may require other spaces for stacking, standing, or loading as<br />

set forth in this section.<br />

(b)<br />

Required parking spaces.<br />

Use<br />

Parking Required<br />

(1) Automotive repair four spaces per service bay<br />

(2) Banks* one space per 400 square feet of GFA.<br />

(3) Barbershops and beauty shops three spaces per chair.<br />

(4) Boarding kennel one space per 250 square feet of gross floor area devoted<br />

to the use<br />

(5) Bowling alleys 4.25 spaces per alley.<br />

(6) Carwash* one space per employee.<br />

(7) Churches • One space per five seats in chapel or assembly area;<br />

and<br />

• One space per 100 square feet for assembly areas<br />

with no fixed seating.<br />

(8) Convenience stores* one space per 150 square feet of GFA.<br />

(9) Day c are nursery schools* one space per employee.


Use<br />

Parking Required<br />

(10) Dwellings • One-family and two-family, two spaces per unit.<br />

• Multiple-family:<br />

o<br />

o<br />

o<br />

o<br />

One and one-half spaces for one bedroom.<br />

Two spaces for two bedroom.<br />

Two and one-half spaces for three bedroom.<br />

One guest space per four units.<br />

(11) Fire stations • Two spaces for each firefighter on the highest<br />

employment shift.<br />

• For stations which include administrative offices,<br />

one additional spaces per 400 square feet of gross<br />

floor area devoted to offices.<br />

• For stations with meeting or training rooms intended<br />

to be used by the general public or personnel from<br />

other fire stations, one additional space per 50 square<br />

feet of the area of the meeting room.<br />

(12) Fitness center, health clubs and gyms one space per 50 square feet of GFA.<br />

(13) Funeral homes, mortuaries one space per 50 square feet of assembly rooms.<br />

(14) Furniture and appliance stores one space per 600 square feet of GFA.<br />

(15) General assembly, including stadiums, sports<br />

arenas auditoriums, stage theaters, convention<br />

or meeting rooms<br />

• One space per three seats; and/or<br />

(16) Golf courses (regulation and miniature) 40 spaces per nine holes.<br />

• One space per 100 square feet of assembly area<br />

without fixed seats.<br />

(17) Golf course driving range • One space per station if a primary use; or<br />

(18) Home improvement, lumber and hardware<br />

stores<br />

• Four-tenths of one space per station if accessory to a<br />

golf course.<br />

one space per 400 square feet of GFA.<br />

(19) Hospitals • One space per four beds and<br />

• One space per two employees, and<br />

• One space per doctor on staff.<br />

(20) Hotels, motels, bed and breakfast facility one space per sleeping unit (including caretaker unit).<br />

(21) Indoor a nimal training<br />

• one parking space per 200 square feet of gross floor<br />

area devoted to the use<br />

(22) Indoor recreation and entertainment • 50 parking space for every playing field, plus one<br />

space for every three seats of spectator seating (one<br />

seat equals two feet of bench length), plus two<br />

spaces for every three employees on the maximum<br />

shift, but in no case less than 100 spaces.<br />

• One space per 100 square feet of GFA<br />

(23) Large machine repair • One space per 800 square feet; or<br />

(24) Libraries, museums, art galleries and similar<br />

cultural facilities*<br />

• One space per employee, whichever is greater.<br />

one space per 300 square feet of GFA.


Use<br />

Parking Required<br />

(25) Lodges and fraternal clubs • One space per three seats; and/or<br />

• One space per 100 square feet of assembly area<br />

without fixed seats.<br />

(26) Manufac turing uses and research facilities one space per 800 square feet of GFA.<br />

(27) Medical, dental and veterinary offices and<br />

clinics<br />

• One space per 150 square feet for first 5,000 square<br />

feet of GFA.<br />

• One space per 200 square feet for next 10,000 square<br />

feet of GFA.<br />

• One space per 250 square feet for area over 15,000<br />

square feet of GFA.<br />

(28) Mini-storage facilities • Two spaces per 50,000 square feet of gross storage<br />

area.<br />

• One space per resident manager or other employee.<br />

(29) Mixed-used structure or development as per individual uses and modified allowances permitted<br />

under this <strong>Title</strong>.<br />

(30) Motor vehicle sales • One space per employee, and<br />

• One space per 1,200 square feet of gross sales area.<br />

(31) Movie Theaters* • One space per six seats up to 800 seats, and<br />

• One space per eight seats over 800 seats.<br />

(32) Nursing homes and similar facilities • One space per three beds, and<br />

• One space per employee.<br />

(33) Plant nurseries • One space per employee, and<br />

• One space per 1,500 square feet for outside plant<br />

area.<br />

(34) Personal instruction services one space per 200 square feet of GFA<br />

(35) Professional offices and services one space per 400 square feet of GFA.<br />

(36) Professional office--multistory buildings or<br />

buildings or complexes of more than 100,000<br />

square feet<br />

(37) Recreation centers, swimming pools, skating<br />

rinks an d similar uses*<br />

• One space per 350 square feet for the first floor.<br />

• One space per 400 square feet for the basement and<br />

floors two through 5.<br />

• One space per 500 square feet for floors six and<br />

above.<br />

one space per six persons based on capacity load.<br />

(38) Restaurants* One space per four seats, including counter seating; or,<br />

one space per 100 square feet of floor area, whichever is<br />

greater. For accessory outdoor dining, one space per 200<br />

square feet of outdoor dining area, except that where the<br />

outdoor dining is less than or equal to 25 per cent of the<br />

indoor GFA of the restaurant, no additional parking is<br />

required.<br />

(39) Retail, general use • One space per 200 square feet of sales area.<br />

• One space per 800 square feet of storage or other<br />

area.


Use<br />

Parking Required<br />

(40) Schools • One space per employee, and<br />

(41) Shopping centers see section <strong>89</strong>-6-604<br />

(42) Telemarketing services, 0.8 space per employee.<br />

• One space per three students of driving age, and<br />

• One space per ten seats for school auditoriums,<br />

arenas or stadiums (non-elementary school).<br />

(43) Large truck or recreation vehicle repair* one space per 800 square feet, or one space per employee,<br />

whichever is greater.<br />

(44) Warehouse and wholesale storage, one space per employee on the maximum shift or one<br />

space per 4,000 square feet, whichever is greater.<br />

(45) Other uses not listed, As determined by the Zoning Administrator based on the<br />

most similar use listed herein or on standards typical for<br />

other cities in the region.<br />

(c) Accessible spaces. Spaces for disabled persons shall be provided as specified in the table<br />

below. All accessible spaces shall be located as near as possible to the main public or primary entrance of a<br />

single building or centrally located, where practical, in parking lots that serve more than one building.<br />

Total Required<br />

Parking<br />

Required Number of<br />

Accessible Spaces<br />

1 to 25 1<br />

26 to 50 2<br />

51 to 75 3<br />

76 to 100 4<br />

101 to 150 5<br />

151 to 200 6<br />

201 to 300 7<br />

301 to 400 8<br />

401 to 500 9<br />

501 to 1000 2 percent of total<br />

1001 and over 20, plus 1 for each 100 over<br />

1000<br />

(d)<br />

Stacking. Stacking or queuing spaces shall be provided as follows:<br />

(1) Bank drive-through: four spaces per outdoor teller.<br />

(2)<br />

Carwash: a. Three spaces per bay for self-wash facility.<br />

b. Six spaces per bay for automatic wash (accessory<br />

use).<br />

c. Fifteen spaces per bay for automatic wash (primary<br />

use).<br />

(3) Restaur ant drive-through: six spaces per drive-through<br />

lane.


(e) Standing and passenger loading. An adequate number of spaces for the loading and<br />

unloading of automobile passengers shall be provided as reasonably determined by the Planning Commission<br />

during site plan review based on the design and use of the premises.<br />

(f) Off-street loading. Spaces for off-street loading shall be required as follows for all buildings<br />

exceeding 25,000 square feet and used for retail, office, industrial, hospital, storage warehousing (not<br />

self-service warehouses), and similar uses:<br />

GFA of Building<br />

(sq. ft.) No. of B erths<br />

25,000 to 40,000 1<br />

40,001 to 100,000 2<br />

100 ,001 to 160,000 3<br />

160,001 to 240,000<br />

4<br />

240,001 to 320,000 5<br />

320,001 to 400,000 6<br />

For each additional 90,000<br />

Add 1 berth<br />

(g) Tandem parking. Although permitted for parking that is not required, tandem parking spaces<br />

may only be counted as required parking spaces where approved by the Planning Commission in the following<br />

instances:<br />

(1)<br />

Multifamily dwellings with garages.<br />

(2) Where valet parking services are approved by the Planning Commission.<br />

(h) Recreational vehicle parking. Adequate and accessible recreational vehicle parking storage<br />

areas shall be required in each multifamily and planned residential development project unless the premises<br />

are subject to restrictive covenants or other acceptable means of limiting the parking of such vehicles.<br />

(E nacted by Ord. No. 03-40, 07-15-2003; Ord. No. 07-09 03-06-2007)<br />

Sec. <strong>89</strong>-6-604.<br />

Modification of parking provisions for large-scale developments.<br />

(a) Permission. The minimum parking standard<br />

s that would normally apply may be modified by<br />

the Planning Commission for large-scale developments in accord ance with the pr ovisions in this section.<br />

(b)<br />

(1)<br />

Retail, office, industrial, and mixed-use developments.<br />

The Planning Commission may restrict or limit the total number of parking spaces to be<br />

provided in a large scale retail, office, or mixed-use development Planning Commission after<br />

considering the following factors:<br />

a. The total number of spaces that would otherwise be required for each individual<br />

establishment in the development.<br />

b. The hours of operation for each establishment in the development.<br />

c. The estimated trade-off between businesses that are open when others are closed.<br />

d.<br />

Availability of approved on-street parking.


e. Proximity to transit stations.<br />

f.<br />

Car or van pooling programs.<br />

(2)<br />

The Planning Commission may allow compact parking spaces if it is determined that<br />

sufficie nt controls exist to allow an employer to assign parking spaces to employees.<br />

(c) Multifamily or planned residential developments. The total number of parking spaces<br />

required for multifamily or planned residential developments shall be determined by the Planning Commission<br />

after considering the following factors and making a finding that adequate parking will be provided.<br />

(1) Size of housing uni ts by number of bedroom s.<br />

(2) Cost range of units proposed.<br />

(3) Owner/tenant characteristics and lifestyle ( i.e., singles, couples, families, professionals,<br />

retired, elderly, etc.)<br />

(4) Examina tion of existing comparable<br />

projects.<br />

(5) Size of project.<br />

(6) Special parking requirements for visitors and recreational vehicles.<br />

(7) Future parking expansion capabilities.<br />

(8) Transportation alternatives.<br />

(9)<br />

Work place relationships.<br />

(10) Handicap requirements.<br />

(11) Restrictive covenants.<br />

(12) Availability of approved on-street parking for required guest parking.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-605. Parking lot location.<br />

(a) On-site. Except as permitted below as offsite parking, all required parking shall be located on<br />

the same parcel of land with the use to which it is appurtenant or on common areas in the same development.<br />

Parking areas shall be located at the rear or sides of buildings whenever possible. Parking areas located<br />

between buildings and public streets shall be screened from streets and neighboring lots with landscaped<br />

berms no less than four feet in height except in clear-vision zones where the berms shall not exceed two feet in<br />

height.<br />

(b) Off-site. Where there are practical difficulties in providing on-site parking or if public safety<br />

or convenience, or both, would be better served by locating parking on an alternative site, the Zoning<br />

Administrator may authorize an off-site location subject to the following conditions:<br />

(1)<br />

The parking space is located on land in the same ownership as that of the land on which the


use is located.<br />

(2) A pedestrian entrance to the land use that the parking will serve is located within 600 feet of<br />

the parking space, by the shortest route of effective pedestrian access.<br />

(3) The off-site parking shall be conveniently usable without causing unreasonable:<br />

a. Hazard to pedestrians.<br />

b. Hazard to vehicular traffic.<br />

c. Traffic congestion.<br />

d. Interference with safe and convenient access to other parking areas in the vicinity.<br />

e. Detriment to the appropriate use of business property in the vicinity.<br />

f. Detriment to any residential neighborhood.<br />

(c) Joint, common or shared<br />

provided the following are met.<br />

use. Common or shared use of parking facilities is permitted<br />

(1)<br />

(2)<br />

The shared parking area is contiguous to the property of the land uses it will serve.<br />

The joint use of such facilities is assured by the recording of covenants.<br />

(3) Either of the following conditions apply:<br />

a. The total of all parking spaces when used together, shall not be less than the sum of<br />

the various uses computed separately.<br />

b. The shared parking facilities allow for separate daytime/nighttime uses.<br />

(d) Temporary parking areas. Temporary parking areas may be approved for special events if the<br />

following conditions are met:<br />

(1) Compacted road base, gravel, or recycled asphalt is provided.<br />

(2) Markers are provided which designate the temporary parking area.<br />

(e)<br />

Parking restrictions in single-family and duplex areas.<br />

(1) No required parking shall be located in the required front yard or street side yard area. Other<br />

parking spaces are permitted provided all parking and maneuvering areas within a required<br />

front yard shall not exceed 35 percent of the area of the required front yard. Notwithstanding<br />

the above requirements, the parking and maneuvering area in a front yard shall not be required<br />

to be less than 18 feet in width.<br />

(2)<br />

Any vehicles parked in required side or rear yards shall be screened from any street<br />

right-of-way by fencing or vegetation that is sufficient to screen not less than 80% of such<br />

vehicles.


(3) When a driveway is used for access to a rear parking area in a R-3 zone or for a nonresidential<br />

use having less than five parking spaces, the side yard shall be wide enough to accommodate<br />

an unobstructed ten-foot paved driveway. When used for access to a garage, carport or<br />

parking area having six or more parking spaces, a side yard shall be wide enough to provide<br />

for an unobstructed 12-foot paved driveway for one-way traffic, or a 24-foot paved driveway<br />

for two-way traffic.<br />

(4) Vacant lots, public rights-of-way, or open land areas in any residential district shall not be<br />

used as parking areas for customers or employees unless they are fully improved parking lots<br />

which conform to the requirements of this part.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-606.<br />

Parking lot design standards.<br />

(a) Parking plans. Plans for any proposed parking area shall be submitted to the Development<br />

Services Department at the time of application for final site plan approval. If the project does not require site<br />

plan approval, the parking plan shall be submitted with an application for a building permit. The plan shall<br />

clearly indicate the proposed development, including location, size, shape, design, curb cuts, lighting,<br />

landscaping, and other features of the proposed development.<br />

(1) Site plans submitted for review by the City which are located in any zoning district except<br />

residential and industrial zones shall submit a detailed photometric contouring analysis of all<br />

exterior site lighting above 15 feet in height, including parking lot areas, whether pole<br />

mounted or building mounted. Included with this analysis shall be specific details and<br />

drawings for each type of lighting fixture used.<br />

(b) Driveway access to public street. Every required parking area shall have unencumbered<br />

driveway access to a public street. Such access may be through platted or recorded easements, reciprocal<br />

arrangements, or other guaranteed means.<br />

(1) All public driveways shall be located a minimum of 50 feet from other driveways or streets.<br />

One-way driveways shall have a minimum width of 12 feet. Two-way driveways and all<br />

driveways on developments of one acre or larger in size shall have minimum widths of 20<br />

feet.<br />

(2) Not more than two driveways per public street frontage shall be provided, each of which shall<br />

not exce ed 30 feet in width.<br />

(3) Unless approved by the Planning Commission, lots shall not directly access arterial or major<br />

collector streets but shall accessed such streets by way of an internal roadway system designed<br />

and constructed to City standards.<br />

(4) Nonresidential traffic on local streets should be minimized and directed out of neighborhoods.<br />

Parking lot access for nonresidential uses shall not be permitted from local or collector streets<br />

if adequate access is available to major streets.<br />

(c)<br />

Parking lot materials and drainage.<br />

(1) Except in agricultural and rural residential zones, every lot or parcel used as a public or private<br />

parking area shall be paved with asphalt or concrete and maintained so as to eliminate dust or<br />

mu d .


(2) Parking areas and driveways in agricultural and rural residential zones may have either a<br />

paved or graveled surface.<br />

(3) Parking lots shall be graded and drained so as to dispose of all surface water. Such surface<br />

water drainage shall not be permitted to cross a public sidewalk.<br />

(4)<br />

Concrete curb walls shall be provided at the perimeter of all permanent parking lots, around<br />

interior parking lot landscaping, and at the edges of driveways.<br />

(d) Parking structures. Multilevel or basement parking facilities may be used provided that<br />

parking structures<br />

are treated as buildings for purposes of yard, lot, building, landscaping, and other<br />

requirements of this chapter.<br />

(e) Lighting. Any lights used to illuminate a parking lot shall be so arranged as to reflect the light<br />

away from adjoining lots in residential districts.<br />

(f) Pedestrian safety. To the maximum extent possible, pedestrians shall be separated from<br />

vehicles and bicycles. Where complete separation of pedestrians and vehicles and bicycles is not possible,<br />

potential hazard s shall be minimized by the use of techniques such as special paving, grade separations,<br />

pavement marking, signs or striping, bollards, median refuge areas, traffic calming features, landscaping,<br />

lighting, or other means to clearly delineate pedestrian areas, for both day and night use.<br />

(1) Parking plans shall include site amenities that enhance safety and convenience and promote<br />

walking or bicycling as an alternative means of transportation. Site amenities may include<br />

bike racks, drinking fountains, canopies, and benches as described in the City’s bicycle and<br />

pedestrian plan as adopted by the City.<br />

(2) Walkways shall link street sidewalks with building entries through parking lots. Such<br />

walkways shall be grade separated from the parking lot, with a paved surface not less than six<br />

feet in width.<br />

(3) Where it is necessary for the primary pedestrian access to cross drive aisles or internal<br />

roadways, the pedestrian crossing shall emphasize and place priority on pedestrian access and<br />

safety. The material and layout of the pedestrian access shall be continuous as it crosses the<br />

driveway, with a break in continuity of the driveway paving and not in the pedestrian access<br />

way. The pedestrian crossings must be well-marked using pavement treatments, signs, and<br />

landscaping.<br />

(g) Bicycle facilities. Commercial, civic, employment, and multifamily residential uses shall<br />

provide bicycle facilities meeting the following standards:<br />

(1) Bicycle parking spaces, equal to 5% of vehicular parking spaces, shall be provided in all<br />

developments.<br />

(2) For convenience and security, bicycle parking facilities shall be located near building<br />

entrances and shall be visible from the land uses they serve. However, such facilities shall not<br />

be located so as to impede pedestrian or automobile traffic flow or to cause damage to plant<br />

material from bicycle traffic.<br />

(3) Bic ycle parking racks shall be designed to allow the bicycle frame and both wheels to be<br />

securely<br />

locked to the rack. The rack shall be of permanent construction such as heavy gauge


tubular steel with angle bars permanently attached to the pavement foundation. Bicycle<br />

parking areas shall be at least two feet in width and 51/2 feet in length, with additional<br />

back-out or maneuvering space of at least five feet.<br />

(h)<br />

Urban design standards for parking lots.<br />

(1) Parking areas shall be buffered from adjacent residential properties and screened from streets<br />

so that cars are not visible below the average height of the headlights.<br />

(2) Access drives, internal circulation drives, parking areas and pedestrian walkways shall be<br />

designed to provide safety and convenience for both motorists and pedestrians and to ensure<br />

access for the physically disabled.<br />

(3) Parking lot and security lighting shall not exceed a maximum of 15 feet in height including<br />

lamp, pole and base within 150 feet of a residential district. Parking lot and security lighting<br />

should not exceed a maximum of 25 feet in height adjacent to nonresidential districts, except<br />

in SC-2 and SC-3 Commercial Zones, where such lighting shall not exceed 42 feet in height.<br />

(4) For office and retail commercial projects, every parking space shall be no greater than 150 feet<br />

from a sidewalk leading to the building or from a building entrance, and un-shaded segments<br />

of walkway should not exceed 15 feet except at driveway crossings.<br />

(5) Saving mature landscaping enhances street character. With the exception of safety<br />

considerations, location of driveway curb cuts for parking lots shall not cause the removal of<br />

mature landscaping.<br />

(6) Joint use of parking is encouraged in order to reduce trips. Access to, and the location of new<br />

parking areas should relate to adopted area plans, planned parking in the area, or to existing<br />

area parking schemes.<br />

(7)<br />

The number of curb cuts should be minimized and pedestrian access enhanced. Surface<br />

parking design should utilize shared access drives with adjacent, similarly zoned properties to<br />

reduce interference with pedestrians.<br />

(8) Parking facilities exist for many years and must integrate with the future surrounding uses.<br />

Parking lot design should consider future planned, as well as existing, uses of adjacent sites.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 06-43, 11-28-2006)<br />

Sec. <strong>89</strong>-6-607.<br />

Required parking space and parking module dimensions.<br />

(a) Standard requirements. Unless otherwise modified as provided in this part, parking stall and<br />

module dimensions shall be shall be as follows:<br />

(1)<br />

Parking space dimensions.<br />

a. Carports: minimum inside dimension of nine feet by 20 feet for each<br />

parking space.<br />

b. Garages: minimum inside dimension of ten feet by 20 feet and<br />

minimum door width of eight feet for each parking space.<br />

c. Standard stall: nine feet by 18 feet.


d. Handicapped stall: standard size plus four-foot unloading area. Loading area<br />

may be shared with adjacent handicapped stall.<br />

e. Angled stalls: as per <strong>89</strong>-6-607(b)(3).<br />

f. Parallel space: eight feet by 22 feet.<br />

g. Stacking space: nine feet by 20 feet.<br />

(2)<br />

Aisle and driveway widths, backing space, as per matrix.<br />

a. Backing space shall be provided for all parking areas so that cars will not back onto a<br />

public street. Public sidewalks shall not be used as a part of the required backing area.<br />

b. Separate exits shall be provided for angle and one-way parallel parking so that cars<br />

will not exit by backing onto a street.<br />

(3) Reduction of parking stall length. Parking stall length may be reduced by two feet where such<br />

spaces abut a planter or sidewalk area bordered by a low curb acting as a wheel bumper,<br />

provided the following requirements are met.<br />

a. Where the parking spaces are on only one side, the planter area shall have a minimum<br />

width of four feet, and a sidewalk shall have a minimum width of six feet.<br />

b. Where the parking spaces are on two sides, the planter area shall have a minimum<br />

width of six feet, and a sidewalk shall have a minimum width of eight feet.<br />

(b) Modification of parking stall and module dimensions. Parking stall and module dimensions<br />

may be modified using the following tables.<br />

(1)<br />

Minimum stall width:<br />

Type of User Small Car Large Car<br />

All-day parking (employee, resident, etc.) 7'4" 8'2"<br />

Visitor (hospital, CBD) 7'8" 8'6"<br />

High-turnover parker (shopping, bank, etc.) 8'0" 8'10"<br />

(2)<br />

Wall-to-wall module dimension:<br />

Stall Angle Small Car Large Car<br />

45 42'0" 49'0"<br />

50 43'6" 51'0"<br />

55 45'0" 53'0"<br />

60 46'0" 55'0"<br />

65 47'0" 56'6"<br />

70<br />

48'0"<br />

58'0"<br />

75 49'0" 59'6"<br />

90 51'0" 62'0"


(3) Adjustments to modules may be made as follows:<br />

a. If every parking stall along one side of the parking aisle has an overhang area, the<br />

modules above can be reduced by two feet for each side of overhang.<br />

b. For each one inch of additional stall width, the module may be reduced three inches to<br />

maintain the same level of comfort.<br />

Small Cars<br />

Angle<br />

Interlock Overhang Vehicle Aisle<br />

Module Widths<br />

Reduction<br />

Projection Width W1 W2 W3 W4 W5<br />

(i) (o) (VP) (AW)<br />

45 2'0" 1'5" 15'3" 11'6" 26'9" 42'0" 40'0" 38'0" 39'2"<br />

60 1'5" 1'9" 16'4" 13'4" 29'8" 46'0" 44'7" 43'2" 42'6"<br />

90 0'0" 2'0" 15'6" 20'0" 35'6" 51'0" 51'0" 51'0" 47'2"<br />

Large Cars<br />

Angle<br />

Interlock Overhang Vehicle Aisle Module Widths<br />

Reduction<br />

Projection Width W1 W2 W3<br />

(i) (o) (VP) (AW)<br />

W4 W5<br />

45 2'4" 2'1" 18'0" 13'0" 31'0" 49'0" 46'8" 44'4" 44'10"<br />

60 1'8" 2'7" 19'6" 16'0" 35'6" 55'0" 53'4" 51'8" 49'10"<br />

90 0'0" 3'0" 18'8" 24'8" 43'4" 62'0" 62'0" 62'0" 56'0"<br />

Legend:<br />

° Parking angle<br />

W1 Module width (wall to wall), single-loaded aisle<br />

W2 Module width (wall to wall), double-loaded aisle<br />

W3 Module width (wall to interlock), double-loaded aisle<br />

W4 Module width (interlock to interlock), double-loaded aisle<br />

W5 Module width (curb to curb), double-loaded aisle<br />

AW Aisle Width<br />

VP Projected vehicle length, perpendicular to aisle<br />

SL Stall Length<br />

SW Stall Width<br />

o Overhang clearance<br />

i Interlock reduction<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

PART 7. LANDSCAPING<br />

Sec. <strong>89</strong>-6-701.<br />

Purpose and scope of part.<br />

(a)<br />

Purpose.<br />

The purpose of this part is to:<br />

(1)<br />

(2)<br />

require landscaping to visually soften paved areas and buildings;<br />

establish energy conservation and enhanced environmental conditions by providing shade, air<br />

purification,<br />

noise, glare and heat abatement, and retardation of storm water runoff;


(3)<br />

preserve, enhance and expand the urban forest;<br />

(4) buffer non-complementary land uses and generally enhance property values and appearance<br />

within the City; and,<br />

(5)<br />

(b)<br />

encourage water conservation through the use of water-conserving plants, efficient irrigation<br />

systems, and responsible irrigation scheduling.<br />

Scope and application.<br />

(1) These regulations shall apply to new landscapes in all developments within the City except<br />

that single-family or two-family residences, are subject only to regulations found in<br />

§<strong>89</strong>-6-706 and §<strong>89</strong>-6-708(a).<br />

(2) Except for single-family residential and two-family dwellings, the landscaping required by<br />

this Part shall be provided as a condition of building permit issuance for any building addition,<br />

or expansion or intensification of use on a property that increases the floor area and/or parking<br />

requirement by 50% or more.<br />

(Enacted by Ord. No. 03-40, 07-15-2003 [Repealed] Enacted by Ord. 03-33, 08-19-2003; Ord. No. 05-33,<br />

06-21-2005; Ord. No. 06-05, 02-07-2006)<br />

Sec. <strong>89</strong>-6-702.<br />

Administrative modifications to landscaping standards.<br />

(a) Requests may be made to the Zoning Administrator for modifications to the standards of this<br />

Part. In making the request, the applicant shall present substantial evidence that:<br />

(1) the stric t application of applicable standards will result in an unreasonable hardship as the<br />

result of shallow lot depth, irregular lot shape, unusual topography or other similar factors; or<br />

(2) the proposed mo dification constitutes an innovative landscaping design which is superior to<br />

the landscaping that would result from strict application of required standards.<br />

(b) The Zoning Administrator shall make any determination to modify landscaping standards in<br />

writing, and shall include in the determination the findings upon which it was based.<br />

(Enacted by Ord. No. 03 -40, 07-15-2003 [Repealed] Enacted by Ord. 03-33, 08-19-2003; Ord. No. 04-23, (a),<br />

05-25-2004)<br />

Sec. <strong>89</strong>-6-703. Submittal materials, fees, and standards.<br />

(a) Submittal. For all development proposals except single-family and two-family dwellings,<br />

landscape and irrigation plans, with appropriate details, shall be prepared and submitted by the applicant with<br />

the initial application. Landscape and irrigation plans shall also be provided as a condition of building permit<br />

issuance for any addition, expansion, or intensification of a property that is noncomplying due to landscaping,<br />

or that increases the floor area and/or parking requirement by 50 percent or more. At a minimum, the submittal<br />

shall include: Fees, Landscape Plans, Topsoil Analysis, Landscape Water Allowance, and Irrigation Plans.<br />

(1) Fees. Landscape Plan Submittal Fees shall be paid to the City with final plan submittal. The<br />

fee revenues shall be used to pay for city staff and/or contractors performing plans reviews,<br />

field inspections, and irrigation audits. The Landscape Plan Submittal Fees shall be<br />

established by Resolution of City Council. Fees shall apply to landscapes over 1,000 square<br />

feet in size.


(2)<br />

Landscape Plans. All Landscape Plans shall be prepared by a Landscape Designer, as defined<br />

in section <strong>89</strong>-1-203, and shall contain the following information.<br />

a. The location and dimensions of all existing and proposed buildings and structures,<br />

property lines, easements, parking lots and drives, streets and rights-of-way,<br />

sidewalks, signs, dumpster enclosures, fences, and other site features as determined<br />

necessary by the Zoning Administrator.<br />

b. The location of all proposed plants and a Plant Schedule specifying the quantity, size,<br />

common name, botanical name, and spacing of all proposed plants.<br />

c. Designation of Landscape Zones, as defined in section <strong>89</strong>-1-203, grouping plants<br />

with similar water needs.<br />

d. The location, size, and common names of all existing plants on the site, including<br />

trees and other plants in the parkway, indicating plants to be retained and those that<br />

will be removed.<br />

e. The location of existing buildings, structures and plants within twenty feet of the site.<br />

f. Existing and proposed landscape grading of the site indicating contours at two-foot<br />

intervals. Proposed berming shall be indicated using one-foot contour intervals.<br />

g. Elevations of all proposed fences and retaining walls on the site.<br />

h. Summary data indicating:<br />

1. the total area and percentage of the site that will be landscaped;<br />

2. the area and percentage of landscaping that will be planted in domestic turf<br />

grasses;<br />

3. the percentage of landscaped area coverage from water conserving trees,<br />

shrubs, perennials, and groundcover species expected after plant maturity,<br />

not including tree canopies. See definition of Water-Conserving plants in<br />

section <strong>89</strong>-1-203; and<br />

4. the total percentage of landscaped area with actual plant coverage expected<br />

after plant maturity, not including tree canopies.<br />

(3)<br />

Topsoil Analysis. All plant material shall be compatible with soil conditions, as determined<br />

by a Topsoil Analysis. The Landscape Designer shall obtain and provide a topsoil suitability<br />

analysis including the following characteristics and quantitative values:<br />

a. Soluble salts (dS/m<br />

or mmho/cm)<br />

b. pH<br />

c. Sand (%)<br />

d. Silt (%)<br />

e. Clay (%)<br />

f. Texture Class (sandy clay, clay loam, silty sand, etc)<br />

g. Organic matter (%)<br />

h. % Coarse fragments (>2mm diameter)


i. Sodium Adsorption Ratio (SAR)<br />

Topsoil analysis shall include recommendations for soil amendments. The Landscape Plan<br />

shall incorporate any recommendations by the Landscape Designer for soil amendments or<br />

preparation based on the Topsoil Analysis.<br />

(4) Landscape Water Allowance. For all landscapes measuring over 1,000 square feet, the<br />

Landscape Designer shall prepare annual and monthly Landscape Water Allowances for use<br />

after the 60-day plant establishment period, based on the following equations, and copies shall<br />

be provided to the City and property owner:<br />

a. Annual Water Allowance (gallons) = ET O x 1.0 x 0.62 x A<br />

where Landscape Water Allowance is in gallons per year, and<br />

ET O = Reference Evapotranspiration (31.18 inches per year in Salt Lake County) 1.0<br />

= ET O adjustment factor, 100% turf grass ET O (water year adjustment factor)<br />

0.62 = conversion factor (to gallons per square feet)<br />

A = total Irrigated Landscape Area in square feet<br />

b. Monthly Water Allowance (gallons) = ET x 1.0 x 0.62 x A,<br />

values:<br />

O<br />

using the following monthly ET O<br />

(5)<br />

ET 0 values (inches) for Monthly Water Allowance<br />

Ir<br />

rigati<br />

Jan Feb Mar Apr May Jun Jul<br />

Aug Sep Oct Nov Dec<br />

on<br />

0.00 0.00 0.00 3.36 4.59 5.40 6.21 5.60 3.72 2.30 0.00 0.00<br />

plans.<br />

When<br />

a site<br />

is required to be landscaped under the terms of this Part, a permanent irrigation system shall<br />

be installed to help insure survival of plants, unless the Landscape Plans specifically indicate<br />

that the plants will not require artificial irrigation for establishment or to remain healthy and<br />

aesthetically appealing.<br />

All irrigation plans shall be prepared by an Irrigation Designer, as defined in section <strong>89</strong>-1-203.<br />

Irrigation Plans shall be drawn at the same scale as the Planting Plan and shall contain the<br />

following minimum information.<br />

a. Layout of the irrigation system and a legend summarizing the type and size of all<br />

components of the system, including manufacturer name and model numbers.<br />

b. Static water pressure in<br />

public water supply.<br />

pounds per square inch (psi) at the point of connection to the<br />

c. Flow rate in gallons per minute and design operating pressure in psi for each valve.


d. Precipitation rate in inches per hour for each irrigation zone.<br />

e. Preliminary Irrigation Schedule based on flow calculations.<br />

(b)<br />

(1)<br />

Irrigation Standards<br />

Irrigation systems shall be installed by an Irrigation Contractor, as defined in section<br />

<strong>89</strong>-1-203.<br />

(2) On slopes exceeding 33 percent, the irrigation system shall consist of Drip Emitters, Bubblers<br />

or sprinklers with a maximum average Precipitation Rate of 0.85 inches per hour and the<br />

controller clock shall be set with appropriate cycles and run-times to eliminate Runoff.<br />

(3) Each valve shall irrigate a landscape with similar site, slope and soil conditions and plant<br />

materials with similar watering needs. Turf and non-turf areas shall be irrigated on separate<br />

valves. Each type of irrigation device (drip, bubblers, fixed, rotors, etc) shall be placed on<br />

separate valves.<br />

(4)<br />

Drip Emitters or a Bubbler shall be provided for each tree. Bubblers shall not exceed 1.5<br />

gallons per minute per device. Bubblers for trees shall be placed on a separate valve unless<br />

specifically exempted by the City due to the limited number of trees on the project site.<br />

(5) Drip irrigation lines shall be installed underneath mulch, except for emitters and where<br />

approved as a temporary installation. Filters and end flush valves shall be provided as<br />

necessary.<br />

(6) All irrigation systems shall conform to the most current edition of “Minimum Standards for<br />

Efficient Landscape Irrigation System Design and Installation” set by the Utah Irrigation<br />

Association, which document is hereby adopted and fully incorporated as if set forth in its<br />

entirety. Three copies of the “Minimum Standards for Efficient Landscape Irrigation System<br />

Design and Installation” have been filed for use and examination by the public in the City<br />

Recorder’s office prior to its adoption and, thereafter, at least one copy shall be available<br />

through the City Recorder’s office.<br />

(7) Irrigation systems in City-owned projects, or property to be turned over to the City shall also<br />

conform to the City’s Public Improvement Standards, Specifications, and Plans manual,<br />

which document is hereby adopted and fully incorporated as if set forth in its entirety. Three<br />

copies of the Public Improvement Standards, Specifications, and Plans manual have been<br />

filed for use and examination by the public in the City Recorder’s office prior to its adoption<br />

and, thereafter, at least one copy shall be available through the City Recorder’s office.<br />

(8) Landscape Water Meter. A separate water meter shall be installed for landscape irrigation<br />

systems that are used in projects with landscaped area over 1,000 square feet in size. The<br />

landscape water meter shall be separate from the water meter installed for indoor uses. The<br />

size of the meter shall be determined based on irrigation demand. The landscape water meter<br />

shall not be a “sub-meter,” but shall be billed separately from any indoor meters.<br />

(Enacted by Ord. No. 03-40, 07-15-2003 [Repealed] Enacted by Ord. 03-33, 08-19-2003; Ord. No. 05-33,<br />

06-21-2005)<br />

Sec. <strong>89</strong>-6-704. Landscaping for water conservation.


(a) Landscape designs for sites in <strong>West</strong> <strong>Jordan</strong> shall recognize the climatic limitations of the Salt<br />

Lake Valley and the need for water conservation. For this reason, the following criteria shall be used in<br />

evaluating all Landscape Plans.<br />

(1) Trees, shrubs. Not less than 80% of trees and shrubs specified on the Landscape Plan<br />

shall be water conserving species that can withstand dry conditions once established.<br />

The plant list titled "Water-Wise Plants for Salt Lake City," is designated as the<br />

primary reference in determining qualifying plants, which document is hereby adopted<br />

and fully incorporated as if set forth in its entirety. Three copies of the “Water-Wise Plants for<br />

Salt Lake City” document have been filed for use and examination by the public in the City<br />

Recorder’s office prior to its adoption and, thereafter, at least one copy shall be available<br />

through the City Recorder’s office.<br />

(2)<br />

Herbaceous perennial and groundcover plants. Not less than 80% of herbaceous perennial<br />

and groundcover plants specified on the Landscape Plan shall be drought-tolerant species that<br />

can withstand dry conditions once established. The plant list titled "Water-Wise Plants for<br />

Salt Lake City," is designated as the primary reference in determining qualifying plants.<br />

(3) Turf grasses. If turf grasses are selected for use on a site, they shall not comprise more than<br />

50% of the total landscaped area. Use of water conserving grasses, such as Buffalo Grass,<br />

Blue Gramma grass, varieties of Dwarf Tall Fescue, or equivalent are encouraged. Turf<br />

grasses shall only be used in areas where the grade of the site is 30% or less in order to prevent<br />

the runoff of irrigation water.<br />

Exception: Turf areas designed for active recreation at parks, schools, storm drain detention<br />

basins, and golf courses are exempt from this provision<br />

(4) Irrigation systems. While irrigation systems are necessary for certain landscape areas, and<br />

may be desirable for other applications, all irrigation systems shall be designed for the most<br />

efficient use of water, as outlined in section <strong>89</strong>-6-703.<br />

(5) Water features. Water features can provide relief from summer temperatures, but should be<br />

used sparingly with every attempt made to limit the amount of water used. Fountains and<br />

other w ater features should be sited and designed so that they are, and also appear to be,<br />

efficient users of water. Water features should also be designed to maximize the amount of<br />

water recycled and to minimize the amount of make-up water required. This should be<br />

accomplished through proper design of the catch basin of the water feature and, where there is<br />

a significant risk of over-spray, wind shut-off valves should be incorporated into the system.<br />

(6) For projects located at the interface between urban areas and natural open space,<br />

Water-Conserving Plants shall be selected that will blend with the native vegetation and are<br />

fire resistant or fire retardant. Plants with low fuel volume or high moisture content shall be<br />

emphasized. Plants that tend to accumulate excessive amount of dead wood or debris shall be<br />

avoided. See definition of Water-Conserving Plants in section <strong>89</strong>-1-203.<br />

(7)<br />

Slopes. Areas with slopes greater than 30% shall be landscaped with deep-rooting,<br />

Water-Conserving Plants for erosion control and soil stabilization. See definition of<br />

Water-Conserving Plants in section <strong>89</strong>-1-203.<br />

(8) Plant Coverage. Plants shall cover 10% or more of the required landscape area, not including<br />

tree canopies.<br />

(9) Rock and Gravel. When used in portions of landscaped areas, rock and gravel shall measure a<br />

minimum<br />

of 1-1/2” (one and one-half inches) in diameter or larger.


(Enacted by Ord. No. 03-40, 07-15-2003 [Repealed] Enacted by Ord. 03-33, 08-19-2003; Ord. No. 05-33,<br />

06-21-2005)<br />

(Enacted by Ord. No. 03-40, 07-15-2003 [Repealed] Enacted by Ord. 03-33, 08-19-2003)<br />

Sec. <strong>89</strong>-6-705. Design, installation, maintenance, and irrigation scheduling.<br />

(a)<br />

Design guidelines.<br />

(1) Scale and nature of plants. The scale and nature of plants shall be appropriate to the size of the<br />

structures. Large scaled buildings, for example, should generally be complemented by larger<br />

scaled plants.<br />

(2) Selection of plants. Plants shall be selected for form, texture, color, pattern of growth and<br />

adaptability to local conditions. All plants shall be of good quality and capable of<br />

withstanding the extremes of individual site microclimates.<br />

(3) Evergreens. Evergreens should be incorporated into the landscape design, particularly in<br />

those areas where screening and buffering is required.<br />

(4) Softening of walls and fences. Plants shall be placed intermittently against long expanses of<br />

building walls, fences, and other barriers to create a softening effect.<br />

(5) Detention/retention basins and ponds. Site drainage and detention facilities shall be integrated<br />

into the overall landscape design as usable open space. Detention/retention basins and ponds<br />

shall be landscaped. Such landscaping may include shade and ornamental trees, evergreens,<br />

shrubbery, hedges, turf, groundcover and/or other plants.<br />

(6) Energy conservation. Plant placement shall be designed to reduce the energy consumption<br />

needs of the development.<br />

a. Deciduous trees should be placed on the south and west sides of buildings to provide<br />

shade from the summer sun.<br />

b. Evergreens and other plant materials should be concentrated on the north side of<br />

buildings to dissipate the effect of winter winds.<br />

(7) Preservation of existing plants. Existing mature trees and other significant vegetation shall be<br />

incorporated into the landscape design. Trees in the public right-of-way shall not be removed<br />

without the approval of the Urban Forester. Existing trees that are preserved and incorporated<br />

into a new landscape plan may be credited toward the minimum number of trees required as<br />

specified in Section <strong>89</strong>-6-708 for each zoning category. In order to receive this credit, existing<br />

trees shall be a minimum of two-inch caliper DBH (diameter at breast height or 4.5 feet from<br />

ground) for both deciduous and coniferous trees. All existing trees receiving this credit shall<br />

be healthy and free of mechanical injury.<br />

(8) Landscape berms. Berms and existing topographic features should be incorporated into the<br />

landscape design to provide interest and, where necessary, should be used in combination with<br />

plants to help provide screening and buffering as required elsewhere in this <strong>Title</strong>. The slope of<br />

berms shall not exceed 25% ( a ratio of four horizontal feet to one vertical foot).<br />

(9) Above-ground utilities. The landscape design shall identify<br />

the location of above-ground


public utilities (i.e., overhead power lines, transformers, meter boxes, backflow preventers,<br />

etc.) and offer design solutions to mitigate the visual impact of such elements on the site while<br />

not obstructing access to such facilities for maintenance and service.<br />

(10)<br />

(b)<br />

Sign visibility. Although landscaping may not initially appear to obscure a sign, it may<br />

significantly reduce or eliminate the sign's effectiveness unless taken into account in the<br />

planning stage. Selection and placement of plants in the vicinity of signs should be<br />

determined by the mature height and spread of the plants to insure that signs are not obscured<br />

from view when the landscape has reached full maturity. Plant foliage shall not obscure in<br />

any way complete visibility of public safety and traffic regulatory signs.<br />

Installation.<br />

(1) Plant size. Size and density of plants at the time of planting and at maturity shall be<br />

considered when approving Landscape Plans. The following minimum size standards shall<br />

apply.<br />

a. Deciduous trees. All deciduous trees shall have a minimum trunk size of two inches<br />

in caliper (measured at six inches above root flare or at soil/ground level).<br />

b. Evergreen trees. All evergreen trees shall have a minimum height of five feet.<br />

c. Shrubs. All shrubs shall have a minimum height or spread of 18 inches depending on<br />

the plant's natural growth habit. Plants in five-gallon containers will generally<br />

comply with this standard.<br />

d. Ground cover.<br />

1. Crowns, plugs or containers shall be in a number sufficient by species to<br />

provide 10 percent surface coverage after two growing seasons.<br />

2. Turf and native grass. Seeding shall provide complete coverage within the<br />

first growing season.<br />

3. Sod. The amount of sod shall be the amount necessary to provide coverage<br />

and soil stabilization.<br />

(2)<br />

Approved street trees. Street trees shall be selected from the City of <strong>West</strong> <strong>Jordan</strong> Approved<br />

Street Tree Lists found in Chapter 7 of the City’s Public Improvement Standards,<br />

Specifications, and Plans manual.<br />

(3) Planting. All landscaping shall be installed in accordance with the current planting<br />

procedures established in the City’s Public Improvement Standards, Specifications, and Plans<br />

manual. All planting shall be completed within one year from the date a final Landscape Plan<br />

is approved.<br />

(4) Mulch. A four inch layer of mulch shall be applied to all planting beds to inhibit weed growth<br />

and conserve soil moisture. Mulch shall not be used as a substitute for plants. Non-porous<br />

materials shall not be placed under the mulch. Mulch shall not be required around plant<br />

varieties that may be harmed by mulch.<br />

(5) Soil Preparation. Soil preparation shall be suitable to provide healthy growing conditions for


the plants and to encourage water infiltration and penetration. Soil preparation shall include<br />

scarifying the soil to a minimum depth of six (6) inches and amending the soil with organic<br />

material as per specific recommendations of the Landscape Designer based on the Topsoil<br />

Analysis.<br />

(c)<br />

General landscape maintenance.<br />

(1) Responsibility. The developer, his successor, and/or subsequent owners of a site for which<br />

landscape plans were required shall be responsible for the maintenance, repair and<br />

replacement of all landscaping elements.<br />

(2)<br />

Landscape plants. All landscape plants shall be maintained in good condition so as to present<br />

a healthy, neat and orderly appearance. Plants not in this condition shall be replaced when<br />

necessary. Landscaped areas and shall be kept free of refuse and debris.<br />

(3) Irrigation systems. Irrigation systems shall be maintained and adjusted at least monthly, or<br />

per owner’s manual, in order to ensure optimal operating condition and to promote water<br />

conservation.<br />

(4)<br />

(d)<br />

(1)<br />

The owners of phased developments shall implement a program for dust, weed and debris<br />

control on undeveloped portions of the site.<br />

Tree maintenance.<br />

Clearance under trees.<br />

a. Trees adjacent to pedestrian walkways shall have a minimum canopy clearance of<br />

eight feet above grade.<br />

b. Tree canopies that extend over street travel ways shall be pruned to provide canopy<br />

clearance of at least 15 feet above street pavement.<br />

(2) Pruning. It shall be unlawful for any person to do any major pruning (20 percent of more), to<br />

top or prune the crown, or remove any street tree or tree on commercial property without first<br />

obtaining approval from the City's Urban Forester. City personnel shall also receive<br />

permission for removal of any public tree. The Urban Forester must approve the removal of<br />

any public tree. As a condition of such approval, the permittee may be required to replace the<br />

tree.<br />

(3)<br />

Protection of trees. Any public tree located in the immediate vicinity of any excavation,<br />

demolition or construction site which has potential for injury, shall be protected from such<br />

injury unless the contractor has received approval from the Urban Forester to remove the<br />

tree(s).<br />

(e)<br />

Irrigation<br />

Schedules.<br />

(1) An irrigation audit shall be performed and two Recommended Irrigation Schedules shall be<br />

prepared by the Irrigation Auditor. Sprinkler run times shall be calculated based on the<br />

precipitation rate measurements in the final audit report. For zones not audited, estimated<br />

precipitation rates shall be based on flow calculations. The first schedule shall cover the<br />

initial 60-day plant establishment period. The second schedule shall cover the<br />

post-establishment period. Copies of these schedules shall be provided to the City, property<br />

owner, and business owner. Both the establishment and post-establishment irrigation


schedules shall be posted visibly near the irrigation controller and include the following<br />

information for each valve:<br />

a.<br />

Station (valve) number<br />

b. Plant Type<br />

c. Sprinkler Type<br />

d. Precipitation Rate (inches per hour)<br />

e. Minutes required for appropriate watering depth<br />

f. Cycles and Run times (minutes per cycle) to avoid runoff<br />

g.<br />

Irrigation Intervals (days between waterings) based on plant material, soil type, and<br />

the seasonal fluctuations in water demand. The following seasonal intervals may be<br />

used as a general guide, but may be adapted as needed:<br />

Month<br />

January<br />

Apply ½” of water<br />

once every:<br />

No irrigation<br />

Fe bruary<br />

No irrigation<br />

March<br />

April<br />

May<br />

June<br />

July<br />

August<br />

September<br />

October<br />

November<br />

December<br />

No irrigation<br />

6 days (if needed)<br />

4 days<br />

3 days<br />

3 days<br />

3 days<br />

6 days<br />

10 days ( if needed)<br />

No irrigation<br />

No irrigation<br />

(2)<br />

Valves with fixed or rotor sprinklers shall be scheduled to operate between 6 p.m. and 10 a.m.<br />

to reduce water loss from wind and evaporation.<br />

(3) Valves shall be programmed for multiple repeat cycles where necessary to reduce runoff,<br />

particularly on slopes and soils with slow infiltration rates.<br />

(Enacted by Ord. No. 03-40, 07-15-2003 [Repealed] Enacted by Ord. 03-33, 08-19-2003; Ord. No.<br />

04-23,(a)(7); (b)(1) and (d)(7), 05-25-2004; Ord. No. 05-33, 06-21-2005)<br />

Sec. <strong>89</strong>-6-706.<br />

Park strips and streetscapes.<br />

(a) Park strips. Park strips are defined as the area within a street right-of-way located between the<br />

back of curb (or edge of pavement if there is no curb) and the sidewalk or, if there is no sidewalk, the back of<br />

curb and the right-of-way line.


(1)<br />

Intent. The intent of these park strip landscaping standards is to maintain the appearance of<br />

park strips, protect the users of park strips by prohibiting the use of materials that may cause<br />

harm or injury to pedestrians or vehicles, provide for safe and convenient access across park<br />

strips to and from vehicles that may park at the curb, increase landscape design flexibility<br />

while not unreasonably inhibiting access for repair and maintenance of public utilities,<br />

encourage water conservation through the use of water-conserving plants, and to generally<br />

imp rove environmental conditions along the City’s streets. See definition of water-conserving<br />

plants in section <strong>89</strong>-1-203.<br />

(2) Park strip trees.<br />

a. Spacing and size. Park strip trees, when required, shall be provided at the equivalent<br />

of at least one tree for each 30 feet of street frontage and may be clustered or spaced<br />

linearly as deemed appropriate by the Urban Forester. Trees size shall be a minimum<br />

of two inch caliper (measured at six inches above root flare or at soil/ground level) at<br />

time of planting.<br />

b. Tree grates. If new trees are proposed in a park strip in which the area surrounding the<br />

tree will have an impervious service, tree wells with grates shall be provided which<br />

comply with the City’s Public Improvement Standards, Specifications, and Plans<br />

manual<br />

c. Approval and planting. No tree shall be planted in a park strip without first obtaining<br />

approval from the Urban Forester. Tree species and planting location shall be<br />

approved by the Urban Forester.<br />

d. Tree maintenance. Planting and maintenance of trees shall be done in conformance<br />

with the City’s Public Improvement Standards, Specifications, and Plans manual. No<br />

work (pruning, removal, etc.) shall be performed on street trees without first obtaining<br />

approval from the Urban Forester.<br />

(3) Park strip ground surface treatment.<br />

a. Plant coverage. Plants in park strips, not including tree canopies, shall cover 10% or<br />

more of the park strip surface within three years of planting or when planting has<br />

reached maturity, whichever comes first. For lots with two or more street frontages,<br />

this standard shall be applied separately to each adjacent park strip on each street<br />

frontage. In new park strips, or when replacing landscaping in existing park strips,<br />

water-conserving plants, as defined in section <strong>89</strong>-1-203, shall constitute at least 80%<br />

of all plants used.<br />

Exception: The percentage of vegetation coverage may be modified or waived as part<br />

of the approval of a master streetscape plan for a development.<br />

b. Shrubs and annual or perennial flowering plants. Shrubs and annual or perennial<br />

flowering plants, up to 36” in height, are permitted as individual specimens or accent<br />

plants when not located within site distance areas. Shrubs shall not be planted at a<br />

spacing that would result in a visual barrier between the street and sidewalk. If the<br />

entire park strip is planted with annual or perennial flowering plants, it shall be the<br />

property owners responsibility to insure that erosion does not deposit soil or other<br />

material on sidewalks<br />

or in the street.


c. Organic mulch. Materials such as bark, shredded plant material, and compost, may be<br />

used as water-conserving mulch for plants and may also be used as the only material<br />

in portions of a park strip.<br />

d. Parking strips and other landscaped areas less than eight (8) feet wide shall not be<br />

irrigated with pop-up fixed or rotor sprinklers. These areas shall generally be<br />

landscaped with water-conserving plants or approved street trees irrigated with<br />

micro-spray, bubblers, or drip irrigation. Street tree requirements in section<br />

<strong>89</strong>-6-706(2) apply. Turfgrass may only be used in these areas if irrigated with surface<br />

bubblers or sub-surface systems.<br />

(4) Gravel, Rocks, and Boulders. Gravel, rocks, and boulders, may be used on portions of the<br />

park strip. Large diameter rocks and boulders shall be kept a minimum of 18” away from<br />

existing street trees. Gravel and rocks shall measure a minimum of 1-1/2” in diameter or<br />

larger. Vegetation, organic mulch, or gravel shall be used near existing street trees.<br />

(5) Paving Materials. Paving materials, limited to poured concrete, concrete pavers, brick pavers,<br />

or natural stone pavers, may be used in portions of a park strip subject to the following<br />

limitations.<br />

a. Paving Materials Near Existing Street Trees. Poured concrete shall not be placed in<br />

any park strip with existing street trees. Other paving materials shall be kept a<br />

minimum of 18” away from existing street trees. Organic mulch or gravel, as<br />

approved by the Urban Forester, shall be used near existing street trees.<br />

b. Park Strips 36” or less in width. Except as specified in Section <strong>89</strong>-6-706(a)(5)a.<br />

above, any paving material may be used in 100% of a park strip that is 36” or less in<br />

width. If poured concrete it used, it shall be finished with a stamped pattern<br />

resembling brick or natural stone or scored with another decorative pattern to<br />

distinguish it from the adjacent sidewalk.<br />

c. Park Strips Over 36” Wide. In park strips over 36” in width, the combination of all<br />

brick, stone or concrete pavers, poured-in-place concrete, organic mulch used without<br />

plants, gravel, rocks, and boulders shall not exceed 90% of the total park strip surface<br />

area. Poured concrete shall not be used except for carriage ways as outlined below.<br />

(6) Carriage Ways. In order to provide for safe and convenient access across park strips to and<br />

from vehicles that may park at the curb, carriage ways (walkways between the curb and<br />

sidewalk) through planted areas are encouraged. The material of carriage ways may be<br />

poured concrete, concrete pavers, brick pavers, or flat, natural stone paving materials such as<br />

flagstone or a combination of these materials. If poured concrete is used, the carriage way<br />

shall be not more than four feet in width and shall be located so as to provide the most direct<br />

route from the curb to the sidewalk. The area of carriage ways shall be included in calculating<br />

the percentage of inorganic material in the park strip.<br />

(7) Prohibited materials. Materials prohibited in park strips include asphalt, thorn-bearing plants,<br />

shrubs which create visual barriers, and structural encroachments. These materials are<br />

prohibited for the reasons stated below:


a. Asphalt. Asphalt is inconsistent with the city's urban design policy, and deteriorates<br />

quicker than pavers. Asphalt in park strips also reduces roadway access definition<br />

and encourages people to drive over the curb.<br />

b. Thorn-bearing plants. Plants which have thorns, spines, or other sharp, rigid, parts<br />

are hazardous to pedestrians and bicyclists, and are difficult to walk across.<br />

c. Continuous shrub or perennial plantings that exceed 36” in height at maturity.<br />

Continuous perennial or shrub plantings that exceed 36” in height at maturity are<br />

hazardous to pedestrians, pets, children on riding toys, and vehicles due to sight<br />

distance problems, are difficult to walk across, create visual barriers which promote<br />

crime, and limit access to the sidewalk from vehicles parked adjacent to the park strip.<br />

d. Retaining walls, fences, steps, and other similar structural encroachments. Retaining<br />

walls, fences, steps, and other similar structural encroachments in park strips are<br />

prohibited unless they are specifically approved by the City. These structural<br />

encroachments are generally prohibited because they limit access from the street to<br />

sidewalks and create obstructions to, and increase the cost of, performing<br />

maintenance of public improvements and utilities within the park strip.<br />

e. Plants within clear vision areas. No plants, boulder, monument, or other object which<br />

is over 36” in height shall be planted or located within clear vision areas. Street trees<br />

shall not be located closer than 30 feet to the projected intersection of curb lines.<br />

f. Turf on steep park strips. Turf is not permitted in park strips with a slope greater than<br />

3:1 (three feet horizontal distance to one foot vertical distance) due to increased<br />

runoff of irrigation water from steep slopes.<br />

(8) Park strip maintenance. Any owner of property abutting City park strips shall have the<br />

following responsibilities.<br />

a. Regular irrigation based on schedules prepared by irrigation designer and/or auditor,<br />

and fertilization of street trees and other vegetation when necessary to maintain good<br />

health and vigor.<br />

b. Protection of street trees against damage caused by excessive pruning, lawn mowers,<br />

weed trimmers, snow blowers and similar equipment. It is recommended that trees be<br />

protected by removing all plant material from at least a two-foot radius around the<br />

trunk of the tree and replace with mulch.<br />

c. It shall be unlawful for any private-property owner or tenant to remove any tree in<br />

park strips or within the landscape-setback area where there is no park strip without<br />

approval from the City.<br />

d. Park strips shall be kept free of weeds, refuse, and debris.<br />

(b) Adopted streetscape plans. A streetscape plan is required in those cases where a wall is<br />

required between a development and an arterial or major collector street. The plan shall show in detail the<br />

landscape treatment of the space between the wall and the street curb line.


(1) Where an adopted streetscape plan is in place, the developer shall follow such plan.<br />

(2) Where no adopted streetscape plan is in place, the developer shall coordinate with, and receive<br />

approval from, the Urban Forester on development of a streetscape plan and on the installation<br />

of the irrigation system and plant materials.<br />

(3) Where the required streetscape is a component of residential development, the landscaping<br />

requirement may be satisfied by providing funding to the City to complete the landscaping in<br />

accordance with an adopted streetscape plan.<br />

(Enacted by Ord. No. 03-40, 07-15-2003 [Repealed] Enacted by Ord. 03-33, 08-19-2003; Ord. No. 04-23,<br />

(a)(2); (b)(3), 05-25-2004; Ord. No. 05-33, 06-21-2005)<br />

Sec. <strong>89</strong>-6-707. Parking lot landscaping.<br />

(a) Parking lot landscaping. Landscaping within parking areas is required in order to break up<br />

the large expanses of pavement and to provide relief from reflected glare and heat, as well as to guide vehicular<br />

and pedestrian traffic. Parking lots having more than 15 spaces shall include landscaping as specified below.<br />

(1) Interior parking lot landscaping. Not less than six percent of the interior of a parking lot shall<br />

be landscaped. The interior area of a parking lot for the purpose of this computation may be<br />

calculated by multiplying the number of parking spaces times 290 square feet. Planting that is<br />

required along the perimeter of a parking lot shall not be considered as part of the interior<br />

landscaping requirement. Interior parking lot landscaping shall be reasonably dispersed<br />

throughout the parking lot.<br />

(2) Perimeter parking lot landscaping, Where a parking lot is located within a required yard, or<br />

within 20 feet of a lot line, landscaping shall be provided around the perimeter of the parking<br />

lot. The perimeter landscaping shall be not less than eight feet in width.<br />

(3) The minimum interior dimensions of any planting area or planting median shall be eight feet.<br />

(4) Each planting area shall be protected by concrete vertical curbs. Where such curbs serve as a<br />

wheel stop for parking spaces, not less than 36 inches shall be provided in the planting area as<br />

overhang clearance for tree locations.<br />

(5) No shrubs, perennials, fence, wall or similar item more than three feet in height shall be placed<br />

at points of parking lot ingress or egress or in clear vision areas. Trees may be planted in clear<br />

vision areas but must be pruned to provide a minimum canopy clearance of eight feet to lowest<br />

branches of the tree.<br />

(6) The primary landscaping materials used in parking lots shall be trees that will have a canopy<br />

spread of 20 feet or more at maturity. Shrubs, hedges and other plants may be used to<br />

complement trees but shall not be the sole landscape element. Effective use of earth berms<br />

and existing topography is also encouraged as a component of the landscaping plan. If used,<br />

earth berms shall have the least possible slope to prevent irrigation runoff and erosion.<br />

(7) In those instances where plants exists on a parking lot site prior to its development, such plants<br />

may be used if approved by the Planning Commission.<br />

(8)<br />

Landscaped islands within parking areas shall not be sloped or bermed (to prevent runoff and<br />

erosion, and to reduce maintenance and debris in the parking areas.)


(Enacted by Ord. No. 03-40, 07-15-2003 [Repealed] Enacted by Ord. 03-33, 08-19-2003; Ord. No. 05-33,<br />

06-21-2005)<br />

Sec. <strong>89</strong>-6-708. Landscape standards for specific uses.<br />

(a)<br />

Single-family and two-family developments.<br />

(1) Front yard and side corner yard landscaping. All areas on residential lots located between the<br />

front lot line and the main building and between the main building and the lot line of a corner<br />

side yard of a corner lot, except driveways, parking areas, walkways, utility areas, approved<br />

decks, patios and porches, shall be maintained with at least two trees and suitable landscaping<br />

of shrubs, groundcovers, perennials, other landscaping materials, and/or decorative paving.<br />

The two required trees may be planted in the yard areas described above or in the park strip<br />

abutting the street. The use of water conserving plants is encouraged. See definition of<br />

water-conserving plants in section <strong>89</strong>-1-203.<br />

(2) If the request for occupancy is received between April 2 and September 30 the landscaping<br />

must be installed in conformance with code or plans prior to occupancy being granted. If a<br />

request for occupancy is received between October 1 and April 1 a bond (cash escrow) must<br />

be placed with the City prior to occupancy of the home. The occupancy granted under such<br />

circumstances will be temporary in nature. Permanent occupancy will be granted upon full<br />

compliance with the adopted landscape ordinance.<br />

(3) If a bond (cash escrow) is placed on a property to receive occupancy of a home an inspection<br />

will be conducted within six (6) months of the granting of temporary occupancy of the home.<br />

Upon completion of the inspection of the landscaping, an inspector shall have the following<br />

options:<br />

a. Release the entire bond amount because all of the landscaping was installed<br />

completely, in general conformance with code or plans.<br />

b. Release a portion of the bond because some of the landscaping was partially installed.<br />

c. Do not release any of the bond because the landscaping was not installed in<br />

conformance with code or plans or no landscaping was installed.<br />

(4) The building permit application packet will include a statement regarding the landscape<br />

requirement to be signed by the developer/builder acknowledging that they have read and<br />

agree to abide by the landscape requirements to obtain occupancy.<br />

(5) A waiver to the landscape requirements may be obtained by filing a written request with the<br />

Zoning Administrator a minimum of 10 business days prior to the request for occupancy. The<br />

Zoning Administrator may consider a waiver for:<br />

a. Inclement weather preventing installation of the landscaping for 14 days or more;<br />

b. Unavailability of plants for the landscape.<br />

The Zoning Administrator cannot consider insufficient planning on the part of the requesting<br />

party as grounds for granting a waiver, occupancy, or, accepting a bond. The Zoning<br />

Administrator will provide a written determination, to be kept with the building permit file,<br />

within 10 business days of receiving the request for waiver.<br />

(6)<br />

Vegetation coverage. Plants in residential landscapes, not including tree canopies, shall cover<br />

50% or more of the yard area within three years of planting or when planting has reached


maturity, whichever comes first.<br />

(b)<br />

Multiple-family developments.<br />

(1) Landscape coverage. Landscaped areas shall comprise not less than 40% of a<br />

multiple-family site. The minimum front yard(s) and side yard(s) adjacent to public streets,<br />

except those portions devoted to driveways and sidewalks, shall be landscaped using trees and<br />

other vegetation, as allowed by section <strong>89</strong>-6-704.<br />

(2) Required tree planting.<br />

a. Street trees. One tree per 30 linear feet. of street frontage<br />

b. Remainder of site. Trees shall be provided according to following schedule:<br />

Units<br />

Number of Trees<br />

2 2<br />

3 to 8<br />

9 to 20<br />

2 plus one tree for every two units over 2<br />

5 plus one tree for every three units over 8<br />

21 to 40 9 plus one tree for every four units over 20<br />

41 to 60 14 plus one tree for every four units over 40<br />

61` to 100 19 plus one tree for every four units over 60<br />

Over 100<br />

30 plus one tree for every four units over 100<br />

(3) Landscaped buffers. When any multi-family development is proposed adjacent to an existing<br />

lower density residential development, a landscaped buffer not less than 20 feet in width shall<br />

be required. A minimum of one tree for each 400 square feet , or fraction thereof, of the<br />

landscaped buffer shall be planted. These trees shall be in addition to those required by Section<br />

<strong>89</strong>-6-708(b)(2) above.<br />

parks:<br />

(c) Mobile home parks. The following landscaping provisions shall apply in all mobile home<br />

(1) Street trees shall be planted along the frontage of all private or public streets within the<br />

development<br />

and around the periphery of a mobile home park at a minimum spacing of 30 feet<br />

on center.<br />

(2)<br />

(d)<br />

All open areas except driveways, parking areas, walkways, utility areas, decks, patios, or<br />

porches<br />

shall be landscaped in accordance with section <strong>89</strong>-6-704, or as otherwise approved by<br />

the Planning Commission. This required landscaping shall include a minimum of one tree per<br />

dwelling unit.<br />

Business/Research Park Zone (BR-P)<br />

(1) Landscape coverage. Landscaped areas shall comprise not less than 25% of the site. The<br />

front yard and side yards adjacent to public streets, except those portions devoted to driveways<br />

and sidewalks, shall be landscaped using trees and other plants.<br />

(2) Street trees. Street trees shall be planted at 30 foot intervals no farther than 20 feet from the


top back-of-curb and no closer than 15 feet from the top-back-of-curb. These trees may be<br />

included among the required trees on the site. Street tree species shall be selected from the<br />

City of <strong>West</strong> <strong>Jordan</strong> Approved Street Tree Lists found in Chapter 7 of the City’s Public<br />

Improvement Standards, Specifications, and Plans manual.<br />

(3) Landscape standards for remainder of site.<br />

a. Generous treatments of evergreen and deciduous trees, shrubs, flowers and other<br />

ground covers shall be required in creating a park-like setting with attractively and<br />

functionally designed berms, swales and detention areas. If used, earth berms and<br />

swales shall have the least possible slope to prevent irrigation runoff and erosion.<br />

b. A minimum of 20 trees per acre shall be planted. A minimum of 40 percent of the<br />

total number of trees shall be evergreen trees.<br />

c. A minimum ten-foot wide landscaped area shall be installed around buildings except<br />

in areas used for pedestrian and vehicle access.<br />

d. Plant sizes shall conform to standards specified in Section <strong>89</strong>-6-705(b)(1).<br />

e. Landscape buffers may be required in areas that abut incompatible land uses or as<br />

visual barriers around parking and utility areas.<br />

f. Landscaped islands shall be located at the ends of parking rows. Islands shall<br />

measure a minimum of six feet wide and shall extend the length of the parking stall.<br />

A minimum six-foot-wide planter strip shall divide each double parking row and<br />

connect the end islands of each row. Deciduous shade trees shall be planted at 30-foot<br />

intervals along the length of each parking row to reduce glare, heat and noise.<br />

(e)<br />

Commercial and Professional Office developments.<br />

(1) Landscape coverage. Landscaped areas shall comprise not less than 15% of a commercial<br />

or professional office site. The front yard and side yards adjacent to public streets, except<br />

those portions devoted to driveways and sidewalks, shall be landscaped using trees and other<br />

plants as allowed by section <strong>89</strong>-6-704.<br />

(2) Required tree planting.<br />

a. Street trees. One tree per 30 linear feet of street frontage.<br />

b. Remainder of site. One tree per 3,000 square feet of landscape area.<br />

(3) Landscaped buffers. When any commercial or office development is proposed adjacent to a<br />

existing residential development, a landscaped buffer not less than 20 feet in width shall be<br />

required. A minimum of one tree for each 400 square feet , or fraction thereof, of the<br />

landscaped buffer shall be planted. These trees shall be in addition to those required by Section<br />

<strong>89</strong>-6-708(e)(2) above.<br />

(f)<br />

Manufacturing developments.<br />

(1) Landscape coverage. Landscaped areas shall comprise not less than 10% of a<br />

manufacturing site.


(2) Required tree planting.<br />

a. Streetscape. One tree per 30 linear feet. of street frontage.<br />

b. Remainder of site. One tree per 4,000 square feet of landscape area.<br />

(3) Other landscaping provisions. Front yard and side yard setbacks adjacent to a public street,<br />

except those portions devoted to driveways, shall be landscaped and shall include trees and<br />

other landscaping materials. The use of water conserving plants in these areas shall comply<br />

with section <strong>89</strong>-6-704. See definition of water-conserving plants in section <strong>89</strong>-1-203.<br />

(4)<br />

(g)<br />

Landscaped buffers. When any manufacturing development is proposed adjacent to an<br />

existing residential development, a landscaped buffer not less than 20 feet in width shall be<br />

required. A minimum of one tree for each 400 square feet , or fraction thereof, of the<br />

landscaped buffer shall be planted. These trees shall be in addition to those required by Section<br />

<strong>89</strong>-6-708(f)(2) above.<br />

Downtown Overlay Zone<br />

(1) All landscaping along major streets shall be of a similar type and appearance to create visual<br />

distinction in the downtown overlay zone.<br />

(2) Development credits may be provided in the Downtown Overlay Zone to encourage a more<br />

user-friendly view from streets or walkways. If additional landscaping is provided that is<br />

greater than that required in the underlying zone, the development may qualify for additional<br />

density, square footage, or City assistance.<br />

(Enacted by Ord. No. 03-40, 07-15-2003 [Repealed] Enacted by Ord. 03-33, 08-19-2003; Ord. No. 05-33,<br />

06-21-2005; Ord. No. 05-37, 07-19-2005/Eff: 10-01-2005; Ord. No. 06-05, 02-07-2006)<br />

Sec. <strong>89</strong>-6-709 Qualifications, inspections, and audits<br />

(a) The City may require proof of state licensure and any other qualifications outlined in the<br />

definitions within section <strong>89</strong>-1-203.<br />

(b) Irrigation Audit. Applies to all landscapes measuring over 1,000 square feet. Following<br />

construction and prior to issuing the approval for occupancy, an Irrigation Audit shall be conducted by an<br />

Irrigation Association Certified Landscape Irrigation Auditor (CLIA) who is approved by the City. The<br />

auditor shall be independent of the contractor, design firm, and owner/developer of the project. The Irrigation<br />

Audit will verify that the irrigation system complies with the minimum standards required by this ordinance.<br />

The average distribution uniformity for all tested turf zones must be at least 60% for fixed/spray zones and<br />

70% for rotor/stream zones. All turf zones (valves) shall be tested for distribution uniformity, up to a<br />

maximum of eight (8) zones. When the irrigation system consists of more than eight (8) zones, the auditor<br />

shall<br />

select and test eight (8) turf zones, including both fixed and rotor zones which are most representative of<br />

the system. All other zones, including drip irrigation, micro-spray, bubblers, or other designs, shall be turned<br />

on and inspected visually for head placement, head adjustment, appropriate gallon-per-minute emitters,<br />

pressure problems, leaks, and general coverage.<br />

(c) When the above audit is required, the auditor shall furnish a report to the City and<br />

owner/developer certifying compliance with the minimum requirements. Compliance with this provision is<br />

required before the City will issue the certificate of occupancy.


(d) The property owner shall complete any changes, upgrades, or re-installations needed to<br />

comply with City codes. The owner shall pay the Landscape Plan Submittal Fee each time a new inspection or<br />

audit is performed by the Irrigation Auditor.<br />

(e) A Certificate of Occupancy shall not be granted prior to completion of an Irrigation Audit (if<br />

required by this chapter), field inspection, and issuance of a Certificate of Substantial Completion.<br />

(f) The City or its contractors may perform site inspections at any time before, during or after the<br />

irrigation system and landscape installation, and will require corrective measures if requirements of this<br />

chapter are not satisfied. Failure of the City to perform such inspection shall not be a waiver of enforcement of<br />

the requirements of this chapter.<br />

(Ord. No. 05-33, 06-21-2005)<br />

Sec. <strong>89</strong>-6-710 Cash bond<br />

(a) If the property owner desires to occupy the building or premises before the irrigation audit and<br />

landscape field inspection are complete, a cash bond or other approved financial instrument shall be made with<br />

the City according to Section <strong>89</strong>-1-109 (private projects) and <strong>89</strong>-6-1202 (public improvements). The cash<br />

bond or other approved financial instrument shall be released when the required Irrigation Audit and landscape<br />

field inspection are successfully completed.<br />

(b) If property is exempt from the Irrigation Audit because landscaped area measures less than<br />

1,000 square feet, all requirements of Section <strong>89</strong>-1-109 (private projects) and <strong>89</strong>-6-1202 (public<br />

improvements), and applicable requirements of this chapter must be met prior to bond release.<br />

(Ord. No. 05-33, 06-21-2005)<br />

Sec. <strong>89</strong>-6-711<br />

Excessive water use<br />

(a) Applicability. Applies to properties with Landscape Water Allowance described in section<br />

<strong>89</strong>-6-703(a)(4).<br />

(b) Notification. Water consumption records shall be monitored monthly by the City’s Water<br />

Conservation Technician, or other City employee. Each month in which a customer’s water consumption<br />

exceeds 130% of the monthly Landscape Water Allowance, the City shall notify the property owner by mail,<br />

summarizing monthly allowance and actual water consumption data. Upon receipt of such notification, the<br />

property owner shall inspect the irrigation system and attempt to bring water consumption within the Monthly<br />

Allowance. The appropriate City employee shall provide information or a reasonable amount of on-site<br />

assistan ce to help identify problems with the irrigation system or controller.<br />

(c) Additional Audits. If a customer’s water consumption exceeds 130% of the Monthly<br />

Allowance as determined by section <strong>89</strong>-6-703(a)(4) during four (4) separate months during any calendar year,<br />

an Irrigation Audit shall be performed by a City-approved landscape Irrigation Auditor, at the property<br />

owner’s expense, to determine if the water allowance should be adjusted and locate any leaks, maladjusted<br />

sprinkler heads, design flaws, or scheduling changes that should be made in order to meet the Monthly<br />

Allowance. The fee for this additional audit shall be the same amount that was paid for the original Landscape<br />

Plan Submittal Fee prior to the initial Building Department approval, and shall be included in the customer’s<br />

utility bill. The fee shall not be required if the auditor determines that the customer’s original water allowance<br />

was unfairly calculated.<br />

(d) Penalty. If a customer’s water consumption continues to exceed 130% of the Monthly Water<br />

Allowance after the additional audit described above, a penalty of $500 shall be added to the customer’s utility<br />

bill<br />

for each month that water consumption exceeds 130% of Monthly Water Allowance. After water


consumption falls below the 130% threshold for two consecutive months during the normal irrigation season<br />

(April-October), any subsequent violations of the 130% threshold shall be considered a new penalty cycle<br />

beginning with Notification as described in section <strong>89</strong>-6-711(b).<br />

(e) Administrative Review. Within 30 days of receipt of penalty notification, a customer may<br />

request an administrative review by the City Manager or designated representative. The request shall include<br />

evidence that the excessive water use was due to circumstances beyond the customer’s control. The City<br />

Manager or designated representative shall review the request and state the final determination within 30 days.<br />

The City Manager<br />

or designated representative may reduce or reverse the penalty if it is determined that<br />

excessive water use was beyond the customer’s control.<br />

(Ord. No. 05-33, 06-21-2005)<br />

PART 8. FENCING AND SCREENING<br />

Sec. <strong>89</strong>-6-801.<br />

Purpose.<br />

The purpose of this part is to regulate fencing requirements for all zoning districts including the<br />

location, height and type of fence required.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-802.<br />

Fencing required between incompatible uses.<br />

(a) The de veloper shall install a permanent fence, not less than six feet in height, of a type<br />

approved by the Planning Commission along all boundaries with properties adjacent to developments where<br />

existing adjacent uses are found by the Planning Commission or by the City Planner to either represent a<br />

potential safety hazard or to be less intensive than the use proposed.<br />

(b) For purposes of this section, uses that may represent a potential safety hazard include, but are<br />

not limited to, agricultural, major streets, railroad tracks, or open waterways.<br />

(c) Determinations concerning the relative intensity of one use compared to another, adjacent, use<br />

shall be made by the Zoning Administrator.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-803. General provisions and regulations.<br />

(a) Rule of construction. The terms "walls" and "fences" may also include hedges, berms or<br />

similar unroofed landscape features<br />

(b)<br />

Screening of open storage areas.<br />

(1) A masonry wall or solid metal fencing shall be required to screen open storage areas from<br />

public streets.<br />

(2) A chain link fence with slats shall be required along side and rear property lines to screen<br />

are as of open storage.<br />

(3) Fences used to screen open storage shall be not less than six (6) feet in height. Fences greater<br />

than eight (8) feet in height may be approved by the Planning Commission upon a finding that<br />

increased<br />

height for screening is necessary to reduce impacts on surrounding properties.


(4) Materials within 20 feet of the fence may not be stored higher than the fence.<br />

(c) Screening of dumpsters, utility equipment, and service/loading areas. All building-mounted<br />

mechanical equipment shall be screened with integrated architectural features. All utility and mechanical<br />

equipment, dumpsters, loading areas and other utility areas commonly found outdoors shall be constructed<br />

below the natural grade and/or completely screened with masonry fencing, with solid metal gates, and<br />

landscaping unless<br />

othe r materials of sufficient durability are determined by the Planning Commission to be<br />

more compatible with the associated development. Loading areas for delivery or freight vehicles shall be<br />

designed to provide sufficient area for the vehicles to be completely screened from public view during the<br />

loading/unloading process.<br />

(d) Waterways, canals and ditches. Except as otherwise approved by the Planning Commission<br />

upon recommendation of the Engineering Division, all open waterways, canals and ditches are to be either<br />

piped or fenced with a six-foot chain link fence. Exempted waterways include natural waterways or<br />

established parkways which the City Engineer has determined to have a limited or intermittent flow which<br />

pose no undue hazard to normal human activity.<br />

(e) Fencing between uses of different intensities. Where a new development is determined to be<br />

more intensive than an existing use on adjacent property which has a different zoning designation, the<br />

Planning Commission or City Planner shall require one of the following:<br />

(1) a masonry fence;<br />

(2) a decorative concrete fence that is comparable to or exceeds the durability, performance, and<br />

appearance of a masonry fence;<br />

(3) an opaque fence of other durable material as approved by the Planning Commission or City<br />

Planner; or,<br />

(4) A satisfactory landscaped buffer or open space that includes berming, trees, and hedges to<br />

adequately buffer the conflicting uses.<br />

(f) Temporary construction fencing. Temporary construction fencing shall be installed along<br />

appropriate boundaries as recommended by the Zoning Administrator. Temporary fencing shall be installed<br />

prior to the issuance of any building permit where required to contain blowing refuse. The construction fence<br />

shall remain in place until the final bond release or until 90 percent of the development is completed. The<br />

construction fence shall be chain link.<br />

(g) Streetscape fences. Unless otherwise approved by the Planning Commission or City Council,<br />

a minimum six-foot high opaque masonry fence shall be constructed along the inside edge of the sidewalk in<br />

the street right-of-way or in the back of a landscaped area along other public streets, corridors, or trail<br />

rights-of-way, or where residential subdivisions abut arterial or major collector streets. Masonry fences shall<br />

be constructed with masonry pillars at 20-foot intervals that extend at least three inches from the surface of the<br />

fence panels. A precast concrete cap shall be placed on the top of each pillar. The fence shall be constructed to<br />

prevent weed growth between the sidewalk and the fence. A permanent, nonporous sealer, approved by the<br />

City Engineer, shall be applied to the street side surfaces of masonry fences to facilitate cleaning.<br />

(1) Exceptions to masonry fence requirement.<br />

a. The Planning Commission or City Council may approve continuing a theme and/or<br />

color of a of a residential right-of way fence/wall to match an adjoining fence/wall


that has been previously approved.<br />

b. The Planning Commission may approve decorative concrete fencing if it is<br />

demonstrated that the fencing is comparable to or exceeds the durability, performance<br />

and appearance of a masonry fence.<br />

c. The Planning Commission, after receiving a recommendation from the Urban<br />

Forester, may approve a specific streetscape design which includes non-masonry<br />

fencing, trees, shrubs, and other suitable landscaping materials.<br />

(2) Maintenance. Upon completion of a permanent fence by the developer and acceptance by the<br />

City, the abutting property owners shall assume full responsibility for it’s maintenance and<br />

shall not hold the City responsible for defects of workmanship, maintenance, repair, or<br />

liabilities of any nature arising from the construction or intended use of said fence.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-12, (b)(3) & (4), 04-06-2004)<br />

Sec. <strong>89</strong>-6-804. Regulations for specific zoning districts.<br />

(a)<br />

Single-family and multi-family residential districts.<br />

(1) Residential fencing location and height restrictions. Notwithstanding the setback, yard and<br />

height requirements for structures otherwise Stated in this <strong>Title</strong>, walls and fences may be<br />

located on the property line, adjacent to the sidewalk, or in the yard between the building<br />

setback line and the property line or sidewalk. The maximum height above the natural grade<br />

for a fence, wall, hedge, berm or similar unroofed landscape feature is:<br />

a. Four feet where such fence or other feature is:<br />

i. Located within the required front yard or street setback.<br />

ii.<br />

Sight obscuring and located in an area that is within ten feet of a driveway and<br />

20 feet of a street.<br />

b. Six feet where such fence or other feature is:<br />

i. Located behind the required front yard or street setback of any dwelling.<br />

ii.<br />

Located in the front yard of dwellings located on a major collector, a minor<br />

arterial or a major arterial street.<br />

c. Eight feet where such fence or other feature is located along a side or rear lot line,<br />

adjacent to a major arterial street.<br />

(b) Public facilities district. Fences or walls shall not exceed four feet in height in front yards and<br />

six feet in side and rear yards.<br />

(c)<br />

Professional office, commercial and manufacturing districts.<br />

(1) No wall, fence, or opaque hedge higher than 36 inches is allowed within a required front yard<br />

or street side yard.<br />

(2) Other than adjacent to a residential district, or as required to screen open storage, no fencing is


equired on the interior or street portions of a development.<br />

(3) A decorative masonry wall at least six feet in height shall be erected along all property lines<br />

which lie immediately adjacent to any residential zone.<br />

(4) Individual lots shall not be fenced in the BR-P zone.<br />

(5) No wall, fence, or opaque hedge or screening material shall be maintained or constructed<br />

within ten feet of a right-of-way line.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-805. Prohibited fencing materials.<br />

Barbed wire fences, razor wire, concertina wire or similar fencing are declared a nuisance, and shall<br />

not be allowed in residential zones along or adjacent to streets, nor as a division fence between adjoining lots<br />

which are occupied as a place of residence, except in rural residential zones when used for security reasons<br />

around a public utility site.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-901. Purpose of part.<br />

PART 9. PUBLIC UTILITIES<br />

The purpose of this part is to regulate the location of public utilities. The requirements of this part<br />

shall be in addition to the property development standards contained within the provisions of each respective<br />

zone.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-902. Public utilities.<br />

(a) Approval authority. The City manager or his designee may approve the following public<br />

utilities in any zone:<br />

(1)<br />

(2)<br />

Electric power transmission and distribution lines with a capacity of less than 69 kV.<br />

Gas transmission and distribution lines with a design pressure of less than 600 psi and pipe<br />

diameter of less than 16 inches.<br />

(3) Canals and water transmission and distribution lines with a capacity of less than 200 second<br />

feet.<br />

(4)<br />

Motor vehicle roads and driveways.<br />

(5) Railroad tracks.<br />

(6)<br />

(7)<br />

Telephone lines.<br />

Cable television lines.<br />

(8) Sewer lines.


(9)<br />

Any rights-of-way, service driveways, or accessory structures which are accessory to the uses<br />

listed in this subsection.<br />

(b) Conditional use permit required. The following large-scale public utilities or others may be<br />

established in all zones subject to the granting of a conditional use permit:<br />

(1) Electric power transmission lines with a capacity of 69 kV or greater.<br />

(2) Gas transmission lines with a design pressure of 600 psi or greater and pipe diameter of 16<br />

inches or larger.<br />

(3) Water transmission lines with a capacity of 200 second feet or greater.<br />

(4) Communication towers.<br />

(5)<br />

Any rights-of-way, service driveways or accessory structures that are appurtenant of the uses<br />

listed in subsections (b)(1) through (b)(4) of this section.<br />

(c) Development standards. Public utility structures shall be subject to all of the height, bulk,<br />

location, and other standards for the zone in which they are located except:<br />

(1) There shall be no minimum zoning lot size required.<br />

(2) Only walled and/or roofed structures shall be required to meet the yard requirements<br />

(setbacks) of the zone; otherwise the public facilities listed in this section shall have no<br />

minimum yard requirements.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-903. Public utilities, underground.<br />

(a) Underground utilities required. Except as specified in Section <strong>89</strong>-6-903(b) below, all<br />

electrical, communications, cable television service, and other similar distribution wires and/or cables serving<br />

all new developments shall be placed underground at the owner or developer’s expense. The owner or<br />

developer shall be responsible for complying with this requirement and shall make necessary arrangements<br />

with each of the servicing utilities for installation of such facilities.<br />

(b)<br />

Exception to requirement for underground utilities.<br />

(1) Aboveground components, including transformers, terminal boxes, meter cabinets, pedestals,<br />

concealed ducts, and other facilities necessarily appurtenant to underground facilities may be<br />

placed above ground and properly screened per Section <strong>89</strong>-6-803(c) of this Code.<br />

(2) Water and sewer distribution facilities shall be installed in conformance with the<br />

specifications of the City’s Public Improvement Standards, Specification, and Plans manual.<br />

(c) Waiver. The Planning Commission may waive the requirements of this section in a particular<br />

case where it is shown, and the Planning Commission finds, that topography, soil, surface water or other<br />

conditions make underground installation unreasonable or impractical.<br />

(d) Applicability. The provisions of this section shall not apply to low power radio service<br />

antennas, transmission lines, with a capacity of 69kV or greater, and overhead communication long distance<br />

trunk and feeder lines.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-23, (a) (b), 05-25-2004; Ord. No. 04-45, 11-09-2004)


Sec. <strong>89</strong>-6-1001. Purpose of part.<br />

PART 10. LOW POWER RADIO SERVICE ANTENNAS<br />

The purpose of this part is to address planning issues resulting from the rapid growth in demand for<br />

low power radio services. This part distinguishes low power radio from other broadcasting type<br />

telecommunication technologies and establishes provisions that deal with issues of demand, visual mitigation,<br />

noise, engineering, residential impacts, health, safety and facility siting. This part applies to both commercial<br />

and private low power radio services and facilities, such as cellular or PCS (personal communication system)<br />

communications and paging systems.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-1002. Zoning.<br />

(a) Prohibited uses. A low power radio services facility that is not classified in this <strong>Title</strong> either as<br />

a permitted or as a conditional use is prohibited.<br />

(b) Location, nonresidential zones. Low power radio services facilities may be located in all<br />

zones upon obtaining a conditional use permit.<br />

(c) Location, residential zone. A conditional use permit for low power radio service facilities in a<br />

residential zone may be granted only if the Planning Commission makes all of the following findings:<br />

(1) the antenna otherwise meets the requirements of this <strong>Title</strong> and does not exceed 80 feet in<br />

height;<br />

(2) the radio services facility will be placed on a parcel that is not occupied by a residential use,<br />

such as a school, church or other nonresidential use that is otherwise legally located in that<br />

residential zone;<br />

(3) the radio services facility will be disguised as, or otherwise integrated with, a light pole or<br />

similar utility structure located on the parcel to mitigate the visual impact of the antenna; and,<br />

(4) the antenna is classified as a monopole-1 and will not be located within 150 feet of a<br />

residential structure or the antenna is classified as a monopole-2 and will not be located within<br />

300 feet of a residential structure.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-1003. Regulations.<br />

(a) Compliance with Federal law. In addition to the regulations provided in this section, all low<br />

power radio services facilities shall comply with all other ordinances of the City and with all applicable<br />

regulations of the Federal Communications Commission and the Federal Aviation Administration.


(b) Antenna types. Low power radio services facilities are characterized by the type or location of<br />

the antenna structure. There a re four general types of such antenna structures: wall-mounted antennas;<br />

roof-mounted antennas; monopoles with antennas and antenna support structure less than two fe et in width;<br />

and monopoles with antennas and antenna support structure greater than two feet in width. If an antenna<br />

structure is approved, the minimum standards for the installation of each type of antenna are as follows:<br />

(1) Wall-mounted antenna.<br />

a. Wall-mounted antennas shall not extend above the wall line of the building or extend<br />

more than four feet horizontally from the face of a building.<br />

b. Antennas, equipment and the supporting structure shall be painted to match the color<br />

of the building or structure or the background against which they are most commonly<br />

seen. Antennas and th e supporting structures on buildings shall be architecturally<br />

compatible with the building. Whip antennas are not allowed on a wall-mounted<br />

antenna structure.<br />

c. Antennas mounted directly on existing parapet walls, penthouses or mechanical<br />

equipment roams are considered a wall-mounted antenna if no portion of the antenna<br />

extends above the roofline of those building structures.<br />

(2) Roof-mounted antenna.<br />

a. Roof-mounted antennas shall be allowed only on a flat roof and shall be screened,<br />

constructed and painted to match the structure to which the antennas are attached.<br />

b. Roof-mounted antennas may be mounted on the top of existing penthouses or<br />

mechanical equipment rooms if the antennas and antenna support structures are<br />

enclosed or visually screened from view. The screening structures shall not extend<br />

more than eight feet above the existing roofline of the penthouse or mechanical<br />

equipment room.<br />

c. Antennas not mounted on a penthouse or mechanical equipment room shall be<br />

mounted at least five feet back from the exterior wall of a building. The maximum<br />

height of a roof-mounted antenna shall not exceed ten feet in height. The maximum<br />

height of a roof-mounted antenna behind a parapet wall shall not extend more than ten<br />

feet above the top of the parapet wall. An antenna shall not extend more than 15 feet<br />

above the roofline of a building.<br />

(3) Monopole with antennas and antenna support structures less than two feet in width.<br />

a. The entire antenna structure mounted on a monopole shall not exceed two feet in<br />

width. The maximum height of such antenna shall not exceed ten feet in height.<br />

b. A monopole classified under this subsection shall be referred to as a "monopole-1."


(4) Monopole with antennas and antenna support structures greater than two feet in width.<br />

a. The maximum visible width of antennas and antenna mounting structures on a<br />

monopole shall not exceed eight feet in height or 13 feet in width as viewed looking<br />

directly at the monopole at the same elevations as the antennas and antenna mounting<br />

structure.<br />

b. A monopole classified under this subsection shall be referred to as a "monopole-2."<br />

(5) Lattice tower antennas. Lattice tower antennas shall not be permitted in any zone.<br />

(6) Fencing and power lines. With the exception of stealth facilities, monopoles shall be fenced<br />

with a 6-foot chain-link fence and the climbing pegs removed from the lower 20 feet of the<br />

monopole. All power lines on the lot leading to the accessory building and antenna structure<br />

shall be installed underground.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-1004. Location on parcel.<br />

Monopole-type antennas shall be located only in the rear yard area of any lot or parcel. These<br />

structures shall not be located in a required landscaped area, buffer area, or required parking area.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-1005. Area limitations for wall-mounted and roof-mounted antennas.<br />

A combination of both roof-mounted and wall-mounted antennas are allowed on a building. The total<br />

area for all wall-mounted and roof-mounted antennas and supporting structures combined shall not exceed 40<br />

square feet for each exterior wall of the building or a total of 160 square feet per building. Cellular antennas<br />

may occupy a maximum of four walls. The total area is the sum of the area of each individual antenna face and<br />

the visible portion of the supporting structure as viewed when looking directly at the face of the building. The<br />

total area for a roof-mounted antenna shall apply to the closest exterior wall.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-1006. Height regulations for monopoles with antennas.<br />

The height of monopoles with antennas and antenna support structures shall not exceed 80 feet in a<br />

residential zone or the maximum allowable height limit, if any, established for a non-residential zone.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-1007. Wall-mounted and roof-mounted antennas on non-complying buildings<br />

that exceed the maximum height limit of the zoning district.<br />

Wall-mounted antennas which otherwise are permitted or approved under this part may be mounted on<br />

non-complying buildings that exceed the maximum height limit of the zoning district in which the buildings<br />

are located.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-1008. Additional conditional use requirements.<br />

(a) Factors. In addition to the conditional use standards set forth in this <strong>Title</strong>, the Planning<br />

Commission shall consider the following factors:


(1) Compatibility of the proposed structure with the height and mass of existing adjacent<br />

buildings and utility structures.<br />

(2) Whether collocation of the antenna on other existing structures in the same vicinity, such as<br />

other towers, buildings, utility poles and similar structures, is possible without significantly<br />

affecting antenna transmission or reception.<br />

(3) The location of the antenna in relation to existing vegetation, topography and buildings to<br />

optimize visual screening.<br />

(4) Whether the spacing between monopoles creates detrimental impact upon adjacent properties.<br />

(5) The willingness of the applicant to allow collocation on its facility in the future for reasonable<br />

compensation as provided in subsection (b) of this section.<br />

(b) Collocation. A condition of approval may include a requirement that the structure be<br />

designed and engineered to reasonably allow collocation by subsequent providers of low power radio<br />

communication services, if collocation is feasible and consistent with sound engineering principles. Nothing<br />

in this section shall be construed to deny the owner of such a structure from the right to receive reasonable<br />

compensation from the subsequent collocating providers for the use of the structure.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-1009. Accessory buildings for antenna structures.<br />

Accessory buildings to antenna structures must comply with the required setback, height and<br />

landscaping requirements of the zoning district in which they are located.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-1010. Non-maintained or abandoned facilities; bonding and removal.<br />

The building official may require a non-maintained or abandoned low power radio services antenna to<br />

be removed from the building or premises when that antenna has not been repaired or put into use by the<br />

owner, the person having control, or the person receiving the benefit of the structure within 30 calendar days<br />

after notice is given to the owner, the person having control, or the person receiving the benefit of the structure.<br />

The Planning Commission may require an applicant to provide a cash bond or lien on the property in sufficient<br />

amount to guarantee the obligations imposed by this section. Notices required by this section may be given by<br />

personal service or by certified mail addressed to the person's last known address.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-6-1101. Purpose and scope of part.<br />

PART 11. SIGNS<br />

(a) Purpose. Because the City of <strong>West</strong> <strong>Jordan</strong> is a large, diverse and rapidly expanding<br />

municipality, the City Council finds that consistent sign control is necessary. The provisions of this sign<br />

ordinance are made to establish reasonable, objective and constitutional time, place, and manner regulations<br />

for all signs in the City of <strong>West</strong> <strong>Jordan</strong> which are visible to the public. Within those legal constraints, sign<br />

regulations adopted under this part are necessary to: protect the general public health, safety, welfare,<br />

convenience, and aesthetics; to protect and enhance property values; and to protect and enhance the natural<br />

setting of the City. At the same time, this ordinance is also intended to reasonably serve the public’s need to be


given helpful directions and to be informed of available products, businesses, and services.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 05-32, 08-09-2005)<br />

Sec. <strong>89</strong>-6-1102. Sign permit.<br />

(a) Permit required. A sign permit shall be required prior to the construction, reconstruction,<br />

location, relocation, alteration, modification or use of any sign, except exempt signs as described in Section<br />

<strong>89</strong>-6-1103. Sign permits requiring Planning Commission review are not automatically approved. Signs<br />

installed without a permit shall be removed in accordance with the provisions of <strong>West</strong> <strong>Jordan</strong> Municipal Code<br />

<strong>89</strong>-6-1109, and shall be assessed a penalty of $100 or dou ble the normal sign permit fee, whichever is greater,<br />

at the time the owner/operator of the sign makes application for a sign permit.<br />

(b) Sign development plans for proposed developments. For all non-residential<br />

developments<br />

that require site plan review by the Planning Commission , a Sign Development Plan shall<br />

be submitted<br />

with<br />

other<br />

required<br />

plans. For all other non-residential developments that have 200 or more feet of frontage on a<br />

str eet, a Sign<br />

Development<br />

P lan shal l be requ ired and shall be reviewed by the City<br />

Planner or his/her<br />

designee. Sign permits shall not be issued for proposed developments until the Sign Development Plan is<br />

approved. Sign permit applicati ons made subseque nt to Sign Development Plan approval may be reviewed<br />

a nd appro ved by the C ity Planner or his designee, if in complian ce w ith the approv ed pla n.<br />

(c) Existing developments. Permit applications for new or replacement signage in existing<br />

develop ments shall be reviewed by the City Planner or his/h er designee for compliance with this part and with<br />

the S ign Development Plan for the developme nt , if an y. If no Sign Developm ent Plan was approve d for the<br />

devel opment, the City Planner or his/her designee ma y approve the proposed signage, if such signage meets<br />

the provision s of th is pa rt. I f a revised Si gn Developme nt Pl an is propos ed fo r a developmen t, the property<br />

owner shall subm it and obtain approval for the revised S ign Development Plan f rom the Planning Commission<br />

prior to the issuance of sign permits for new or replacement signs in the development.<br />

(d) Application submittal. Permit application for a temporary or permanent signs shall be made<br />

by submitting the followi ng information to the Developm ent Service s Department w ith the building permit<br />

applicat ion:<br />

(1) Monument and po le signs. a) A si te pl an showing t he relationship of the sign to build ings,<br />

other signs, and property lines and setbacks from public rights-of-wa y, intersections,<br />

easemen ts and driveways; b) accurately dimensioned, scaled drawings showing: height,<br />

color, dimensions, landscapi ng, s ign composition, type of illuminatio n, and ho w the si gn will<br />

appear fro m the street; c) details of sign construction, including: electrical plan, foundation<br />

scheme, and value of the sign; and d) length of property street frontage.<br />

(2) Wall signs. a) Scaled drawin gs showing<br />

dimensions of both the building face and the sign,<br />

sign composition, and type of illumination; b) an architectural elevation drawing of the sign<br />

on the building to show how the sign will appear from the street/parking area; and c) details of<br />

sign construction and attachment including an electrical plan, if applicable.<br />

(3) Temporary signs. a) Site plan showing: the relationship of the sign(s) to buildings, property<br />

lines, and other signs; and setbacks from each public rights-of-way, intersections, easements,<br />

and driveways existing and adjacent to the property on which the temporary sign is to be<br />

situated. The site plan does not need to be professionally dra wn; and b) length of requested<br />

period for display.<br />

(4) Additional information required for all sign permits. a) Proof of current <strong>West</strong> <strong>Jordan</strong> City


usiness license, where applicable; b) business address and phone number; c) address of real<br />

property owner and phone number; d) general or electrical contractor<br />

license, phone number,<br />

and address; and e) estimated fair market value of the sign and its cost of manufacture or<br />

construction.<br />

(e) Fees. Fees as established by resolution of the City Council shall be paid at the time of the<br />

issuance of the sign permit<br />

(f) Inspection. The Chief Building Official shall inspect all permanent signs and temporary<br />

inflatable signs at appropriate stages of construction and/or installation in order to verify that the sign is<br />

installed in conformance with the approved plans and applicable building codes.<br />

(g) Compliance with building codes. All sign construction and use shall comply with<br />

International Building Code and National Electrical Code requirements. The sign must comp ly with all<br />

Federal, State and other applicable city regulations, including those concerning power line and other utility<br />

clearances.<br />

(h) Expiration of permit. Sign permits shall expire 180 days following the date of issuance of the<br />

sign permit by the Building Safety Division, unles s the sign is fully constructed according to the plans<br />

submitted with the application for the sign permit.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 05-32, 08-09-2005)<br />

Sec. <strong>89</strong>-6-1103. Exempt signs for which no sign permit is required.<br />

The following types of signs are exempt from the permit requirements of this Part, but shall be in<br />

compliance with all other applicable provisions:<br />

(a) On-premise development or construction signs. Two on-premise development or<br />

construction signs, each no larger than 32 square feet in area and not exceeding 12 feet in height and which<br />

comply with the same size, location, spacing and display period standards as an off-premise development sign,<br />

may be placed on real property on which new subdivisions or homes are being constructed. These signs must<br />

be removed once 95% of the development has received a City certificate of occupancy.<br />

(b) On-premise real estate sign; small lots. Lots with less than 200 feet of frontage on a street<br />

may display one on-premise sign pe r lot, provided that the sign is: securely attached to the ground; advertises<br />

only that the home on the lot is for sale or rent, including signs titled “For Rent”, “For Sale” , “Open House,”<br />

“For Lease”, or similar signs; is no larger than eight (8) square feet in area; and does not exceed six (6) feet in<br />

height. “Open house” signs may only be displayed for the duration of the open house or eight (8) consecutive<br />

hours, whichever is less, and shall be removed within 30 minutes after the conclusion of the advertised “open<br />

house”.<br />

(c) On-premise real estate sign; large lots. Notwithstanding the number limit in subsection (b),<br />

above; lots with 200 or more feet of frontage on a street m ay display two on-premise signs per lot, which are no<br />

larger than 16 square feet in area. The other provisions of subsection (b) shall apply.<br />

(d) Temporary real estate directional signs. Temporary real estate directional signs located to<br />

direct a potential customer to real property for sale or lease. The size of the sign shall not exceed four (4)<br />

square feet and shall be placed at the entrance to the subdivision in which the subject property is located. The<br />

sign shall not be located within any public right-of-way and shall be subject to the following: (1) Directional<br />

signs to a residence shall be limited to one on-premise and three off-premise signs. If a realtor has more than<br />

one house open for inspection in a single development, off premise signs are limited to four for the entire


development; (2) the signs are permitted only during daylight hours and when the realtor or seller or an agent is<br />

in attendance at the property for sale or lease; and (3) the directional signs shall be a m inimum of 25 feet from<br />

any other freesta nding sign and outside the clear vision area at street intersections.<br />

(e) Non-commercial signs. Non-commercial signs, not exceeding eight (8) square fe et in size,<br />

located on private property with the owner’s permission. Non-commercial s ignage referring to a specific event<br />

must be removed 15 days after the event has occurred.<br />

(f) Temporary use on -premise sign. One, 32 square foot, temporary use on-premise sign placed<br />

in connection with a Christmas tre e lot, fireworks stand or other temporary use that is approved and licensed by<br />

the city.<br />

(g) Vacant Property signs. Signs on undeveloped or vacant property including "No Dumping" or<br />

"No Trespassin g" signs, provided the sign is eight (8) square feet or less in area.<br />

(h) Nameplates. A nameplate sign, provided the sign is no larger than two square feet in area.<br />

(i) Directional signs. Service or directional signs or signs located only on priva te property and<br />

not exceeding four (4) square feet in area, which ser ve to designate the location or direction to any use or<br />

structure on the premises such as signs titled "Entrance," "Exit," "Parki ng," "Restrooms," "No Smoking,"<br />

"Delivery."<br />

(j) Public necessity or regulatory signs. Public necessity or regulatory signs which warn or<br />

inform as required by law, if erected by or in behalf of public agencies.<br />

(k) Window signs. Window signs, including posters, messages or displays painted or mounted on<br />

the interior side of a window, provided that no more tha n 50 percent of the t otal window area on which the sign<br />

is located is covered.<br />

(l) Garage/yard sale signs. Temporary home production or garage sale signs on private property<br />

in residential zones, provided that sign is no larger than four (4)square feet in area.<br />

(m)<br />

institutions.<br />

Public / quasi public signs. Flags, banners or pennants of governments, public agencies or<br />

(n) Civic and Non-profit Events. Signs which announce events, activities, or celebrations<br />

sponsored by, or conducted in conj unction with, the City of <strong>West</strong> <strong>Jordan</strong>, Salt Lake County or State of Utah.<br />

(o) Interior signs. Interior signs or signs used within buildings and not intentionally positioned to<br />

be visible from the outside.<br />

(p) Temporary banners and freestanding signs placed durin g holiday periods. In addition to<br />

the display periods specified in Section <strong>89</strong>-6-1108(l)(2), a business may display one banner, securely<br />

attached to the building façade, and one freestanding sign during the holiday periods specified below.<br />

Freestanding holiday signs shall not be larger than twenty-four (24) square feet in size. The sign may be<br />

erected in front of the business on private property and shall be securely attached to the ground. One<br />

additional banner per business may be permitted for<br />

business located in a buildings having a front face of<br />

150 square feet or more. The holiday periods during which temporary banners and freestanding signs may<br />

be displayed are as follows:<br />

(1) President’s Day: Four days before the date of the holiday, on the holiday and one<br />

calendar day after the holiday;


(2) Dr. Martin<br />

Four (4) calendar days before the dat e of the<br />

Luther King Jr. Day: holiday, on the holida y and one calendar day after<br />

the holiday;<br />

(3) Memorial Day: Four days befo re the date of the holiday, on the holiday and one<br />

calendar day after the holiday;<br />

(4) Independence Day: June 30 through Jul y 3, and July 5;<br />

(5) Pioneer Day: July 20 through July 23, and July 25;<br />

(6) Labor Day: Four (4) calendar days before the date of the holiday, on the holiday<br />

and one calendar day after the holiday;<br />

(7) Colum bus Day Four (4) calendar days before the date of the holiday, on the holiday<br />

and one calendar day after the holiday;<br />

(8) Veterans’ Day Four (4) calendar days before the date of the holiday, on the holiday<br />

and one calend ar day after the holiday;<br />

(9) Thanksgiving: One (1) calendar day before the date of the holiday, on the<br />

holiday and four (4) calendar days after the holiday; and<br />

(10) Christmas/Hanukkah: December 15 through January 2; New Year’s Day<br />

(q)<br />

Art. Art or art forms that do not contain or im ply any commercial message.<br />

(r) Noncommercial structures or signs. Anywhere a display, structure or sign is permitted by this<br />

title, a noncommercial message may be placed on such display, structure or sign.<br />

(s) Temporary signs during road construction. Temporary signs displayed during periods of road<br />

construction, as described by <strong>West</strong> <strong>Jordan</strong> Municipa l Code <strong>89</strong>-6-1108(l)(5) below, or any successor section.<br />

(t) Handheld signs. Commercial handheld signs, provided that each is no larger than six (6)<br />

square feet in size, is displayed only during dayligh t hours, and is subject to the limitations of <strong>West</strong> <strong>Jordan</strong><br />

Municipal Code <strong>89</strong>-6-1104(b).<br />

(u) New building construction, tempora ry signs. Shall be approved for 30 days before the<br />

estimated date of certificate of occupancy, and last until 14 days after the certificate of occupancy is issued,<br />

normal tempor ary sign ordinances apply.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 05-32, 08-09-2005)<br />

Sec. <strong>89</strong>-6-1104. Prohibited signs.<br />

The following signs are prohibited:<br />

(a) Portable signs. Movable or portable signs and signs not permanently installed in the ground<br />

or on a pole or building, except as specifically allowed by this Part.<br />

(b) Signs on public property. Signs located: on public property; within street rights-of-way,<br />

including sidewalks; or those attached to any structure or appurtenance on public property; however, the


following signs may be displayed on public property subject to the provisions of this chapter: (1) Public<br />

necessity signs, traffic regulatory signs, and directional signs related to public uses and facilities installed by a<br />

governmental agency; (2) temporary signs, placed during street construction as described in <strong>West</strong> <strong>Jordan</strong><br />

Municipal Code <strong>89</strong>-6-1108(l)(5); (3) handheld signs, no larger than six (6) square feet in size, displayed by<br />

individuals on traditional public fora, including public sidewalks, in such a way that the sign does not:<br />

unreasonably impede or inhibit pedestrian and other traffic on or over the public property; impede or inhibit<br />

ingress or egress to buildings or other areas which must be accessed from or over the public property; or<br />

subject to constitutionally protected rights, create a hazard, or which unreasonably restricts the lawful use of<br />

the public property by others; and (4) bus bench and bus shelter signs, subject to the provisions of <strong>West</strong> <strong>Jordan</strong><br />

Municipal Code <strong>89</strong>-6-1108(c).<br />

(c) Bus bench/shelter signs, without a permit. Bus benches and bus shelters with signs which<br />

have not been approved pursuant to the provisions of this chapter.<br />

(d)<br />

Home occupation signs. Home occupation signs except for nameplate signs.<br />

(e) Signs which distract. Signs which simulate or imitate in size coloring, lettering or design any<br />

traffic sign or signal, or use the words “STOP,” “YIELD,” “DANGER,” or any other words, phrases, symbols<br />

or characters in such a way as to interfere with, mislead or confuse drivers.<br />

(f)<br />

Portable reader signs. Portable reader signs.<br />

(g) Obsolete or abandoned signs. Obsolete or abandoned signs or messages which identify<br />

services no longer provided on the premises. Conforming sign structures may remain on a site but all sign<br />

copy shall be removed and the sign shall be covered with a durable opaque material to prevent deterioration<br />

during the period in which the sign structure is unused.<br />

(h)<br />

Flashing Signs. Signs with flashing or strobe-like lighting effects.<br />

(i) Signs with Sound-emitting devices. Any sign equipped with any device which creates or<br />

amplifies sound.<br />

(j)<br />

(k)<br />

Extending Signs. Signs that project more than 24 inches from a wall.<br />

Sings in Clear Vision Zone. Signs located within the clear vision zone.<br />

(l) Snipe signs. Snipe signs<br />

(m)<br />

Vehicle signs. Vehicle signs.<br />

(n) Roof sig ns. Any sign mounted on the top of, or roof of, any building or structure.<br />

(o) Any other sign not complying with the provisions of this part or any prior ordinance.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 03-44,(a), 08-19-2003; Ord. No. 05-32, 08-09-2005)<br />

Sec. <strong>89</strong>-6-1105. General provisions.<br />

The following provisions shall apply to all signs:<br />

(a) Minimum side yard setback. Signs shall not be constructed in or project into any required side<br />

yard in any zone. Where no side yard is required, signs shall not be located closer than five (5) feet from the<br />

property line.


(b) Maintenance. Signs, sign structures, and the areas around sign bases shall be maintained in a<br />

safe and attractive condition. Sign maintenance does not include altering a sign in any way without a sign<br />

permit.<br />

(c) Repair of building facade. Any building facade from which a sign is removed or on which a<br />

sign is repaired, changed or replaced shall be repaired, if damaged, within 30 calendar days of removing the<br />

sign from the building.<br />

(d) Highway frontage. Limited-access highway frontage shall not be considered frontage for<br />

purposes of this part.<br />

(e) Signs in residential zones. Signs other than nameplates and exempt signs may only be used in<br />

residential zones in connection with an approved conditional use and shall comply with all provisions of this<br />

part.<br />

(f) Outdoor displays. Outdoor displays of inventory such as automobiles, tires, nursery stock,<br />

lumber and other merchandise customarily displayed or stored in the outdoors are permitted, subject to<br />

compliance with standard building setback requirements of the respective zones and all other applicable<br />

ordinances and standards.<br />

(g) Clear vision zone. Any sign located in a clear vision area shall maintain required clearances as<br />

specified in section <strong>89</strong>-6-105 of this <strong>Title</strong>.<br />

(h) Minimum clearance of signs. Where pedestrian traffic is anticipated near a sign, minimum<br />

clearance of not less than ten (10) feet shall be maintained from the bottom edge of a projecting sign,<br />

suspended sign, pole sign, billboard or any similar sign to the final grade beneath the sign. The minimum<br />

clearance for signs near driveways or parking areas shall be fourteen (14) feet.<br />

(i) Construction. All signs shall be constructed of durable, low-maintenance, materials. The area<br />

around all free standing signs shall be landscaped. All wiring and similar components shall be concealed.<br />

signs.<br />

(j)<br />

Illumination. External or internal lighting or backlighting shall be allowed for illuminated<br />

(k) Urban design standards. All signs shall be designed and constructed in accordance with the<br />

following guidelines: (1) Signs shall be designed to incorporate colors, materials, and architectural design that<br />

is compatible with the development that they serve. The supports or base of signs shall complement the overall<br />

design scheme or shall be enclosed with architectural coverings; (2) Sign locations should be integrated with<br />

other elements on the site and the adjacent streetscape: a. signs shall not be located so as to obscure signs on<br />

adjacent sites; b. signs will not be placed in an area that can confuse motorists and pedestrians and cause<br />

potential safety hazards; c. traffic directional signs should be placed to promote safe and efficient traffic flow;<br />

and d. signs should be oriented to promote readability and serve their intended function; and (3) Although<br />

landscaping may not initially appear to obscure a sign, it may significantly reduce or eliminate the sign's<br />

effectiveness unless taken into account in the planning stage. Signs should be placed so they are not obscured<br />

by landscaping when it has reached full maturity.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-12, (j), 04-06-2004; Ord. No. 05-32, 08-09-2005)<br />

Sec. <strong>89</strong>-6-1106. Types of signs permitted in each zoning district.<br />

The following table lists the sign types that are allowed in each zoning district. Signs identified as<br />

“ permitted” (P) are allowed by right provided that they comply with all other requirements of this Part and all


other applica ble requirements of this <strong>Title</strong>. Signs identified as “conditional” (C) must be approved by the<br />

Planning Commission pursuant to the standards and procedures for conditional uses set forth in Section<br />

<strong>89</strong>-5-404, and shall comply with all other applicable requirements of this <strong>Title</strong>. Blank spaces in the table<br />

indicate that a particular sign is not allowed in a the zone.<br />

Sign Type<br />

Zoning<br />

District<br />

A-Frame Signs<br />

Animated Sign<br />

Awning Sign<br />

Bench Signs<br />

Billboards<br />

Changeable Copy Sign<br />

Directional Sign<br />

Directory Sign<br />

Electronic/LED<br />

Freeway-Oriented Sign<br />

Historic Markers<br />

ated display Sign<br />

Infl<br />

Kiosk Sign<br />

in<br />

Monument Signs over 4 feet<br />

height<br />

eet or less in<br />

Monument Signs 4 f<br />

height<br />

Nameplate Signs<br />

yway Monument<br />

Neighborhood Entr<br />

Sign<br />

yway Sign<br />

Neighborhood Entr<br />

Sign<br />

f-Premise Development<br />

Of<br />

le Signs<br />

Po<br />

Pylon Sign, Minor<br />

Pylon Sign, Major<br />

Sculptured Signs<br />

Suspended Signs<br />

ional Signs<br />

Temporary Promot<br />

l Signs<br />

Wal<br />

A Zones<br />

P P C C P C<br />

RE Zones P P C C P P P C<br />

RR Zones P P C C P P P C<br />

R-1 Zones P P C C P P P C<br />

PC Zone P P P P P P P C P P P P P P C C P P<br />

PRD Zone P P C C P P P P<br />

R-2 Zone P P C C P P P C<br />

R-3 Zones P P P P C C C P P P C P<br />

R-M Zone P P P C C P P P C<br />

C-G Zone P C P P C P P P P P P C P P P P P C P P P<br />

C-M Zone C P P C P P P P P P C P P P P P C P P P<br />

SC-1<br />

Zone<br />

SC-2<br />

Zone<br />

SC-3<br />

Zone<br />

P C P P P P P P P P C P P P P P C P P P<br />

P C P P P P P P P P C P P P P P C P P P<br />

P C P P P P P P C P P C P P P P P P P C P P P<br />

M-1 Zone P P C P P P P P C P P P P C P P<br />

M-2 Zone P P C P P P P P C P P P P C<br />

P<br />

M-P Zone P P P P P P C P P P C P P<br />

P-O Zone C P P P P P P C P P P P C P* P<br />

BR-P<br />

Zone<br />

C P P P P P P C P P P P C<br />

P<br />

P-F Zone C P P P P P C P P P C P<br />

* see Section <strong>89</strong>-6-1108 for exceptions/qualifications.<br />

(Enacted by Ord. No. 03 -40, 07-15-2003; Ord. No. 03-44, 08-19-2003; Ord. No. 04-14, 03-16-2004; Ord. No. 05-32,<br />

08-09-2005; Ord. No. 06-19, 04-18-2006)<br />

Sec. <strong>89</strong>-6-1107. Sign Standards.<br />

C<br />

SIGN TYPE<br />

SIGN STANDARDS<br />

Maximum Area<br />

(square feet)<br />

Max. Height /<br />

Projection<br />

Density Spacing Front Setback


SIGN TYPE<br />

A-frame signs *<br />

Animated signs<br />

Maximum Area<br />

(square feet)<br />

10 s.f. per sign face<br />

with a maximum of<br />

two sign faces<br />

Integrated in the<br />

design of another<br />

approved sign and not<br />

to exceed 25% of the<br />

area of such sign<br />

Copy or design – 50%<br />

of the awning area<br />

Max. Height /<br />

Projection<br />

SIGN STANDARDS<br />

Density Spacing Front Setback<br />

Height: 4 feet One per business 75 feet from any<br />

other sign<br />

Signs must be within<br />

20 feet of the primary<br />

entrance to the<br />

business<br />

N/A N/A N/A N/A<br />

Awning signs * Sign -25% of the Height: 5 feet<br />

N/A N/A Awnings shall not<br />

building façade Projection: 3 feet<br />

project into any public<br />

R.O.W<br />

Or less than 33% of<br />

window height<br />

Billboards * 300 Height: 35 feet See Section <strong>89</strong>-6-1108(d) Not less than 500 10 feet<br />

for density feet from any other<br />

billboard<br />

Bus Bench /<br />

Shelter Signs *<br />

Changeable copy<br />

signs<br />

Directional signs<br />

*<br />

Directory signs *<br />

Bench sign: 16<br />

Shelter sign: 22<br />

Integrated with<br />

another approved sign<br />

and not to exceed 30%<br />

of the area of such sign<br />

Bench sign height:<br />

42”<br />

Shelter sign height:<br />

6’0”<br />

One at each UTA bus<br />

stop.<br />

500 feet from any<br />

other<br />

bench/shelter<br />

sign and 50 feet<br />

from any other<br />

freestanding sign<br />

except pole signs.<br />

There is no<br />

required<br />

separation<br />

between pole<br />

signs and bus<br />

bench/shelter<br />

signs.<br />

A minimum<br />

distance between<br />

the front edge of the<br />

bench or shelter and<br />

the face of the<br />

adjacent curb of 48<br />

inches on State<br />

Roads and 24<br />

inches on City<br />

streets<br />

N/A N/A N/A N/A<br />

6 Height: 6 feet see spacing 50 feet from any<br />

other freestanding<br />

sign<br />

50 Height: 10 feet One for each primary<br />

entrance into a<br />

commercial, industrial or<br />

office complex<br />

N/A<br />

Public use directional<br />

signs may be located<br />

within public<br />

rights-of-way<br />

Other directional<br />

signs: 18”<br />

Electronic/LED<br />

Integrated with<br />

N/A<br />

N/A N/A N/A<br />

another approved<br />

sign up to 50% of<br />

sign area<br />

10 feet


SIGN TYPE<br />

Maximum Area<br />

(square feet)<br />

Freeway-oriented<br />

950<br />

signs*<br />

For master planned<br />

developments<br />

having 5,000 l.f. or<br />

more of frontage on<br />

a freeway, not more<br />

than one sign may<br />

be up to 1500 s.f.,<br />

including the area<br />

of any shopping<br />

center logo<br />

Historical markers<br />

*<br />

Inflated sign<br />

display *<br />

Kiosk Sign<br />

Max. Height /<br />

Projection<br />

Height: 50 feet<br />

For master planned<br />

developments having<br />

5,000 l.f. or more of<br />

frontage on a freeway,<br />

not more than one sign<br />

may be up to 72 feet in<br />

height<br />

SIGN STANDARDS<br />

Density Spacing Front Setback<br />

(see spacing)<br />

One sign for each<br />

1,000 feet of<br />

highway frontage<br />

8 Height: 6 feet N/A N/A 10 feet<br />

N/A Height: - 25 feet One per commercial<br />

complex or one for each<br />

business not located in a<br />

commercial complex<br />

Overall Kiosk Sign:<br />

(12’ x 4’-6”)<br />

Sign Panels:<br />

7 (1’ x 4’)<br />

200 feet from any<br />

other freestanding<br />

sign<br />

N/A<br />

In compliance with<br />

setbacks of the zone in<br />

which the sign is<br />

located.<br />

Height: 12’ N/A 300 feet from any N/A<br />

other Kiosk sign, 50<br />

feet from any other<br />

freestanding sign<br />

Monument Signs<br />

over 4 feet in<br />

height<br />

Monument Signs<br />

4 feet or less in<br />

height<br />

Neighborhood<br />

Entryway<br />

Monument Sign*<br />

Neighborhood<br />

Entryway Sign*<br />

Off-premise<br />

development signs<br />

*<br />

50 Height: All monument<br />

signs shall sit on a<br />

base not less than two<br />

feet in height. The<br />

sign itself shall not<br />

exceed six feet. The<br />

cumulative height of a<br />

monument sign shall<br />

not exceed eight feet.<br />

20 Height: 4 feet above<br />

grade or 6 feet above<br />

the elevation of the<br />

nearest sidewalk,<br />

whichever is greater<br />

20 Height: 4 feet above<br />

grade or 6 feet above<br />

the elevation of the<br />

nearest sidewalk,<br />

whichever is greater<br />

20 Height: incorporated<br />

into a wall to assume<br />

the approved wall<br />

height<br />

One for sites having only<br />

one business<br />

For all other sites: as<br />

approved on a sign<br />

development plan<br />

One for each agricultural<br />

sales or service business<br />

Two per main entrance<br />

along collector and<br />

arterial streets for each<br />

planned development<br />

and subdivision<br />

Two per main entrance<br />

along collector and<br />

arterial streets<br />

32 Height: 12 feet One sign per100<br />

residential units in a<br />

development<br />

Not less than 100<br />

feet from any other<br />

free-standing sign.<br />

N/A<br />

50 feet from other<br />

monument sign, 100<br />

feet from any other<br />

entrance or pole sign<br />

50 feet from other<br />

neighborhood<br />

entryway sign, 100<br />

feet from any other<br />

monument or pole<br />

sign<br />

50 feet from any<br />

other freestanding<br />

sign or structure<br />

18 inches<br />

20 feet<br />

20 feet<br />

10 feet, outside of clear<br />

vision area<br />

18 inches


SIGN TYPE<br />

Pole signs *<br />

Maximum Area<br />

(square feet)<br />

Pylon sign, minor 64<br />

Max. Height /<br />

Projection<br />

SIGN STANDARDS<br />

Density Spacing Front Setback<br />

80% of the street<br />

frontage of the lot upon<br />

which the sign will be<br />

Height: 25 feet One sign per 200 feet of<br />

street frontage and one<br />

additional sign for<br />

200 feet from any<br />

other pole sign, 150<br />

feet from any<br />

located up to a<br />

developments with 400 monument sign, and<br />

maximum of 200<br />

square<br />

feet<br />

feet or more of street<br />

frontage 50 feet from any<br />

other free-standing<br />

For corner lots each<br />

sign except bus<br />

frontage shall be<br />

bench and bus<br />

computed separately<br />

shelter signs. There<br />

is no required<br />

separation between<br />

pole signs and bus<br />

bench/shelter signs.<br />

Height: 12 feet<br />

approved as an<br />

element of a sign<br />

development plan<br />

Pylon sign, major 200 Height: 25 feet approved as an<br />

element of a sign<br />

development plan<br />

Sculptured signs<br />

As approved by<br />

Planning Commission<br />

Height: 8 feet above<br />

grade or 10 feet above<br />

the elevation of the<br />

nearest sidewalk,<br />

whichever is greater<br />

Not less than 150<br />

feet from any<br />

other<br />

free-standing<br />

sign.<br />

200 feet from any<br />

other pylon sign<br />

or pole sign, 150<br />

feet from any<br />

monument sign,<br />

and 75 feet from<br />

any other<br />

free-standing sign<br />

18 inches<br />

18 inches<br />

18 inches<br />

N/A N/A 10 feet<br />

Suspended signs Four N/A N/A N/A N/A<br />

Temporary<br />

promotional signs<br />

*<br />

Wall signs<br />

Wall Banners: 40 s.f.<br />

Freestanding signs:<br />

24 s.f.<br />

15% of each façade of<br />

a building<br />

Wall Banners: N/A<br />

Freestanding sign<br />

height: 6 feet<br />

Height: N/A<br />

Projection from<br />

building: not more<br />

than 18 inches.<br />

Wall Banners: One per Wall Banners: N/A Wall Banners shall be<br />

business plus one<br />

Freestanding signs:<br />

securely attached to<br />

additional banner for a<br />

25 feet from any<br />

the building façade.<br />

business located in a<br />

other freestanding Freestanding signs:<br />

buildings having a front<br />

sign 18”<br />

face of 150 l.f. or more.<br />

Freestanding signs: One<br />

Searchlights: 50 feet<br />

per business. Sign shall<br />

from the edge of any<br />

be securely attached to<br />

street pavement<br />

the ground.<br />

One for each business<br />

occupying a building<br />

* see Section<br />

<strong>89</strong>-6-1108 of this <strong>Title</strong> for exceptions/qualifications.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 03-44, 08-19-2003; Ord. No. 04-14, 03-16-2004; Ord. No. 05-32,<br />

08-09-2005; Ord. No. 06-19, 04-18-2006; Ord. No. 07-12, 04-17-2007)<br />

Sec. <strong>89</strong>-6-1108. Exceptions and qualifications for specific sign types.<br />

(a) A- frame signs. A-frame signs may be displayed in those zoning districts where A-frame signs<br />

are permitted; however, their use is limited to areas of high volume pedestrian traffic and are limited to normal<br />

business hours. Signs shall be stored indoors at all other times. A-frame signs shall not be used outdoors when<br />

N/A<br />

N/A


high wind or heavy snow conditions exist.<br />

(b) Awning signs. Awning signs may be displayed, if striping of not more than one color<br />

(including black and white) is used, and the background shall not be considered design space. Awnings placed<br />

on canopies or marquees are exempted from the 25 percent limitation specified in Section <strong>89</strong>-6-1107, but shall<br />

not exceed five(5) feet in height.<br />

(c) Bus bench signs and bus shelter signs. Signs on bus benches and bus shelters are permitted,<br />

subject to the following conditions:<br />

(1) Improvements. All street improvements (i.e., curb, gutter, and sidewalk) shall be in place,<br />

prior to the installation of a bus bench or bus shelter.<br />

(2) Location. Bus bench/shelter signs shall be located behind the sidewalk, private property side,<br />

and only at bus stops designated by the Utah Transit Authority (UTA) provided that: a) a<br />

physical barrier exists behind the sidewalk which prevents the placement of a bench or shelter<br />

at that location; or b) the property owner refuses to grant approval for the placement of the<br />

bench or shelter behind the sidewalk; and c) there is adequate depth in the park strip so that the<br />

bus bench or bus shelter will not encroach on the sidewalk and there is a minimum distance<br />

between the front edge of the bench or shelter and the face of the adjacent curb of 48 inches on<br />

State Roads and 24 inches on City streets. Any person requesting approval to locate a bus<br />

bench or bus shelter in a street right-of-way shall first submit written documentation from the<br />

property owner that approval to locate the sign behind the sidewalk has been refused.<br />

Nonetheless, bus bench signs and bus shelter signs shall not be located in clear vision areas at<br />

intersections and shall not obstruct sidewalks, roadways or other locations where the signs<br />

may pose a hazard to motorists or pedestrians. Benches installed by UTA which carry no<br />

message may be located within a public right-of-way, however, bus benches or bus shelters<br />

proposed to be located adjacent to State roads shall comply with all applicable State<br />

provisions governing the location and site development standards for such benches or shelters.<br />

(3) Signs in bus shelters. Only one sign is permitted in a bus shelter. This sign shall be placed<br />

inside the shelter and shall be securely attached to the wall of the shelter that faces oncoming<br />

traffic. Signs shall not be placed on the bench that is located in the shelter.<br />

(4) Construction and materials. The following provisions shall govern the construction and<br />

materials for bus benches and bus shelters:<br />

a. Bus bench backs and seats shall be constructed of metal, fiberglass, or rigid<br />

plastic/vinyl materials and shall be kept in good repair. Bench legs shall be<br />

constructed of reinforced concrete. The design and materials of bus shelters<br />

shall be<br />

approved by the City prior to issuing permits.<br />

b. A concrete pad shall be required for all bus benches and bus-shelters. The minimum<br />

pad size for bus benches shall be four feet by six feet and the minimum pad size for a<br />

bus shelter shall be two feet wider than the width of the shelter and two feet longer<br />

than the length of the shelter. Additional space should also be designed for persons in<br />

wheelchairs and/or to provide additional waiting area for bus patrons.<br />

c. The minimum pad area for a bus bench or bus shelter may include part of a sidewalk.<br />

However, no bus bench or bus shelter shall infringe upon or obstruct any sidewalk,<br />

other pedestrian path, or driveway without adding paving which meets passage<br />

standards established by the Americans with Disabilities Act (ADA).


d. Bus benches and bus shelters shall be securely fastened to the concrete pad. Upon<br />

removal of a bench or shelter, the concrete pad shall be repaired by the owner of the<br />

bench or shelter, including removal of attachment bolts and repair of all holes in the<br />

concrete pad.<br />

(5) Insurance. For any bus bench or bus shelter sign, the company or person responsible for the<br />

bus bench or shelter sign shall enter into an agreement with the City of <strong>West</strong> <strong>Jordan</strong> which<br />

must be approved by the City Attorney. This agreement will require, among other things, that<br />

the company or person responsible for the bus bench or bus shelter sign provide to the City<br />

proof of liability insurance in the minimum amount of $1,000,000.00, name the City of <strong>West</strong><br />

<strong>Jordan</strong> as an additional insured, and indemnify and hold harmless the City of <strong>West</strong> <strong>Jordan</strong><br />

from any and all injuries and defense costs arising from the placement or use of the bus bench<br />

or bus shelter sign.<br />

(6) Permit. A sign permit shall be required for each bus bench sign and bus shelter sign, and all<br />

applications for a sign permit must include the following: a) written approval from the<br />

property owner of the proposed location for the bus bench/shelter sign is required and shall be<br />

submitted with the sign permit application. This approval shall be required whether the bench<br />

or shelter is to be located on private property or within an adjacent street right-of-way; b) a<br />

letter of approval from the Utah Transit Authority; c) a fee, in an amount established by<br />

resolution of the City Council. The permit shall be valid for one calendar year. A change in<br />

the text of the sign on the bus bench/shelter sign or a substitution of benches shall not require<br />

the issuance of a new permit or the payment of an additional fee, if the bench/shelter is placed<br />

in the same location as originally permitted; d) a signed contract with the City of <strong>West</strong><br />

<strong>Jordan</strong> for each bus bench or bus shelter sign located on public property; and e) include a site<br />

plan, vicinity map and specifications for bus bench and shelters, as well as any improvements<br />

needed for the particular site.<br />

(7) Approval. Once an applicant has obtained approval for the location of the bus bench/shelter<br />

sign, the approval shall continue as long as the permit is maintained or until the property<br />

owner withdraws the approval in writing.<br />

(8) Maintenance, revocation and removal. Bus bench signs or bus shelters with signs that are in<br />

disrepair, are unsafe or unstable, or otherwise create a safety hazard shall be repaired or<br />

removed by the owner. If a bus bench or bus shelter is not repaired by the owner, the City will<br />

notify the owner that the bus bench or bush shelter must be repaired within 24 hours of being<br />

notified by the City. The notice will also state that if the bench is not repaired or removed<br />

within this time period, it will be removed by the City without further notice at the bus bench<br />

or bus shelter owner's expense. If a property owner upon whose property a bus bench or bus<br />

shelter is placed withdraws, in writing, his or her consent to the placement of the bus bench or<br />

bush shelter, the bus bench or bus shelter must be removed within 30 days of the date the<br />

property owner withdraws his or her consent. If the bus bench or bus shelter is not removed<br />

within the above described time period, the City may remove the bus bench or bus shelter at<br />

the bus bench or bus shelter owner’s expense.<br />

(d)<br />

Billboard signs. Billboard signs are permitted subject to the following conditions:<br />

(1) Conditional use permit. It is unlawful to erect a billboard without first obtaining a conditional<br />

use permit.


(2) Location. Billboard signs shall only be located on lots or parcels adjacent to streets within<br />

districts zoned M-1 or M-2 and on lots zoned C-G or C-M that are adjacent to arterial streets as<br />

identified on the Future Roadway Network Map in the <strong>West</strong> <strong>Jordan</strong> Master Transportation<br />

Plan, including Airport Road, Old Bingham Highway, New Bingham Highway, and<br />

Bangerter Highway.<br />

(3) Density. A billboard shall be considered a sign for the purpose of density on lots or parcels of<br />

land that qualify for a sign, except that if the billboard was located on the lot pursuant to a<br />

bona fide lease agreement with a third-party prior to the installation of the pole sign, the<br />

billboard may remain upon the lot as a non-conforming billboard.<br />

(4) Residential, mixed use (residential, commercial, office), or mixed use overlay zone<br />

prohibition. A billboard shall not be located within a residential zone or within a 250 feet<br />

radius from a residential zone except billboard signs along Bangerter Highway which shall not<br />

be located within a 150 feet radius of a residential zone. A billboard sign shall not be located<br />

within any mixed use or mixed use overlay zone, regardless of the underlying zoning<br />

classification.<br />

(5)<br />

(6)<br />

Numerical limit. The sum total of all conforming and nonconforming billboards in the City<br />

shall not exceed 14. Up to 7 of the 14 total billboards shall be located to the east of Bangerter<br />

Highway and up to 7 shall be located to the west of Bangerter Highway. Signs on lots or<br />

parcels directly adjacent to either side of Bangerter Highway can be counted toward the limit<br />

of 7 for either side of Bangerter Highway.<br />

Expiration, modification and revocation.<br />

a. The standards and requirements for revoking a conditional use permit set forth in<br />

section <strong>89</strong>-5-404(d) shall not apply to this section. A billboard shall be terminated<br />

only pursuant to the provisions of this section and applicable mandatory provisions of<br />

State law.<br />

b. If a billboard is conforming, anytime after five years from the date the billboard was<br />

approved, the Planning Commission may reevaluate the conditional use for the<br />

billboard to determine if conditions under which the permit was issued have changed<br />

and necessitates the revocation of the permit. Conditions shall be deemed to have<br />

changed if any of the following has occurred: i. the owner of the billboard has failed<br />

to keep the lot where the billboard is located free of weeds and litter; ii. the owner of<br />

the billboard has failed to maintain the billboard in a safe condition, including but not<br />

limited to maintaining the billboard's borders, trims, faces, and its weight-bearing and<br />

bracing structures; and iii. conditions included with the approval of the conditional<br />

use permit are not being met.<br />

c. If a billboard is nonconforming, it may be terminated only in conformance with<br />

applicable provisions of the Utah Code.<br />

d. Notwithstanding whether a billboard is conforming or nonconforming, a conditional<br />

use permit may be revoked at any time after a hearing at which findings are made with<br />

regard to one or more of the foregoing circumstances: i). an applicant for a permit<br />

intentionally made a fals e or misleading Statement in his application; ii. a billboard is<br />

unsafe, or in an unreasonable State of disrepair; or iii. the billboard has been<br />

abandoned for at least 12 months.


(e)<br />

Directional Signs.<br />

(1) Off-premise private directional signs are permissible only in cases where, due to its unusual<br />

location, a business is not easily seen from or is not located near a street. Written consent from<br />

the owner of the property upon which these signs will be located shall be submitted with the<br />

off-premise sign permit application.<br />

(2) Private Directional Signs shall contain only the name or logo of an establishment or directions<br />

such as “parking,” “drive thru,” “exit.”<br />

(f) Freeway-oriented signs. Freeway-oriented signs shall only be approved in conjunction with<br />

an overall sign-plan for a regional shopping center.<br />

(g) Historical monuments and markers. Monuments or markers designating historic sites may be<br />

constructed in all zones with Planning Commission approval. Historic monuments and markers shall be<br />

constructed of masonry or non-corrodible metal materials or other materials as approved by the Planning<br />

Commission.<br />

(h)<br />

Inflated sign displays.<br />

(1) Display period. Inflated signs may be displayed for no longer than 14 consecutive<br />

calendar quarter and no longer than 30 days during a grand opening.<br />

days per<br />

(2) Safety. Inflated signs shall be placed upon, and shall be securely tethered to the ground, and<br />

shall be located in a manner that it shall not obstruct the use of public rights-of-way or<br />

otherwise constitute a safety hazard. Flammable gases shall not be utilized for inflated signs.<br />

Any inflated sign constituting a hazard shall be immediately removed.<br />

(i)<br />

Monument signs.<br />

(1) Height. The height of a monument sign may vary depending on the grading of landscaping<br />

upon which the signs is located. However, the combined height of the sign plus any landscape<br />

berming shall not exceed eight (8) feet above the elevation of the nearest sidewalk. In order<br />

for this result to occur, the entire frontage of the site which the sign serves, not just the sign<br />

location, must have berming incorporated into the landscape design.<br />

(2) Monument Signs. A Monument Signs in A, BR-P, P-O, M-P, and P-F zones shall be<br />

constructed of brick or masonry materials which match the buildings identified by the<br />

Monument sign, and shall be designed to be harmonious with the building architecture. Copy<br />

of individual monument signs in these zones shall consist only of the name and address of the<br />

occupant.<br />

(j)<br />

Off-premise development signs.<br />

(1) Sign density interpretation. The density standard of one sign per 100 residential units shall<br />

mean the following: one sign is allowed for a development with up to 100 residential units, an<br />

additional sign is allowed for a development with between 101 and 200 residential units, a<br />

third sign is allowed for a development with between 201 and 300 residential units, and so<br />

forth.<br />

(2) Display period. A permit for an off-premise construction or development sign is valid<br />

for a


period of one year. The sign permit may only be renewed after Planning Commission<br />

approval.<br />

(3) Consent of owner. Written consent from the owner of the property upon which the sign will<br />

be located shall be submitted with the sign permit application.<br />

(4) Illumination. Off-premises construction or development signs shall not be illuminated.<br />

(5) Kiosk signs. Kiosk sig ns for development construction shall be allowed pursuant to the<br />

following provisions:<br />

a. Limited purposes. Sign panels on kiosks may be permitted for the purpose of<br />

providing directional information to community facilities, homebuilders, residential<br />

developments under construction and multi-family home builders developments and<br />

for those subdivisions, planned residential developments, multi-family developments,<br />

having final recordation.<br />

b. Location. The following provisions shall govern the location and placement of<br />

kiosks: i. kiosks shall be located only on private property; ii. all street<br />

improvements for the property on which the kiosk is located shall be completed,<br />

including all curbs, gutters, and sidewalks; iii. kiosks shall not be located in clear<br />

vision areas at intersections or driveways and shall not obstruct sidewalks, roadways<br />

or other locations where the signs may pose a hazard to motorists or pedestrians; and<br />

iv. kiosks proposed on property adjacent State roads shall comply with all applicable<br />

State provisions governing the location and site development standards for such<br />

advertising.<br />

c. Construction and materials. The following provisions shall govern the construction<br />

and materials for kiosks: i. kiosks and sign panels shall be constructed of metal,<br />

fiberglass, or rigid plastic/vinyl materials and shall be kept in good repair as<br />

determined by the City; ii. each kiosk frame shall be constructed of steel. The<br />

individual kiosk signs shall not exceed 1 foot in height and 4 feet in width; iii.<br />

kiosks shall not exceed 12 feet in height and 4 feet 6 inches in width; iv. the<br />

minimum and maximum number of sign panels on each side of the kiosk shall be at<br />

least two, but no more than seven signs; v. the design and materials of kiosks shall be<br />

reviewed for compliance with these provisions by the City Planner or his/her<br />

designee, prior to issuing permits; vi. kiosks shall be securely fastened to the ground.<br />

Upon removal of a kiosk, the site shall be restored to its prior condition or better; vii.<br />

all kiosks shall be built in accordance with the applicable specifications of the<br />

Uniform Building Code; viii. the header of the kiosks shall be painted with the City’s<br />

logo and all surfaces of the sign and lettering shall be in colors approved by the City<br />

Planner or his/her assignee, and iv. changeable copy, internal illumination, ground<br />

mounted lights, overhead lights, exposed neon, pan channel letters, cabinet and<br />

painted signs are prohibited.<br />

d. Permit. A sign permit is required for each kiosk location, and will be approved and<br />

issued by the City Planner or his designee prior to installation if an application for a<br />

kiosk complies with the provisions of this chapter, including the following: i. written<br />

approval from the property owner of the proposed location for the kiosk sign is<br />

required and shall be submitted with the sign permit application; ii. a letter of<br />

approval from the UDOT shall be submitted with the kiosk sign permit application,<br />

if


applicable; iii. an annual fee, in an amount established by resolution of the City<br />

Council, shall be paid for each permit; however, a change<br />

in the text of a sign on the<br />

kiosk or a substitution of sign on the kiosk shall not require the issuance of a new<br />

permit or the payment of an additional fee, if the kiosk remains in the same location as<br />

originally constructed; iv. a kiosk location plan shall be prepared showing the site of<br />

each kiosk and must be reviewed by the City Planner or his/her designee prior to<br />

issuance of a sign permit; and v. an approved kiosk location plan shall be resubmitted<br />

for approval every twelve (12) months.<br />

e. Maintenance, revocation and removal. Kiosks or kiosk signs that are in disrepair, are<br />

unsafe or unstable, or otherwise create a safety hazard shall be repaired or removed by<br />

the owner within 24 hours of being notified. The notice shall state that if the kiosk or<br />

kiosk sign is not repaired or removed within this time period, it will be removed by<br />

the City without further notice and at the kiosk owner's expense. A kiosk must be<br />

removed within 30 days of written notification if the property owner withdraws<br />

his/her approval in writing. Kiosks not removed within the 30-day period will be<br />

removed by the city after 24 hours notice at the kiosk owner's expense.<br />

(k) Pole signs. Notwithstanding the density standards for pole signs listed in Section <strong>89</strong>-6-1107 of<br />

this Titl e, the owner or lessee of a pad site contained within a non-residential development for which a Sign<br />

Development Plan has been approved, shall not be permitted to have a pole sign upon the pad site solely by<br />

reason of the frontage, unless the pole sign was approved as part of the Sign Development Plan. Pole signs<br />

shall be loca ted as close to the mid point of a lot or development as possible.<br />

(l)<br />

Temporary promotional signs.<br />

(1) Types of temporary promotional signs. Temporary promotional signs include banners,<br />

pennants, streamers, flags, and searchlights, but do not include movable signs. Except as<br />

provided in Section <strong>89</strong>-6-1108(a) of this <strong>Title</strong>, all temporary signs shall be securely attached<br />

to a building or to the ground.<br />

(2) Display period. A temporary sign permit may be issued for promotional signage and is valid<br />

for a period not to exceed 30 consecutive calendar days, however, no such permit may be<br />

issued for the same property or business more than four (4) times during any calendar year or<br />

for longer than 60 consecutive days, within the first year of a business’s grand opening. A<br />

minimum of 14 days shall elapse between each display period.<br />

(3) Searchlights. Searchlights shall be directed upward at an angle of at least 45 degrees and<br />

operated only between dusk and 11:59 p.m.<br />

(4) Temporary promotional signs in P-O Zones. The use of a temporary promotional sign in P-O<br />

zones shall be limited to one (1) temporary promotional sign at any given time regardless of<br />

the number of businesses occupying the building(s) on the individual parcel.<br />

(5) Use of temporary signs during periods of major street construction. In those zones where<br />

temporary promotional signs are permitted, certain exceptions to standards contained in<br />

Sections <strong>89</strong>-6-1107 and <strong>89</strong>-6-1108 of this <strong>Title</strong> shall be permitted. These exceptions are<br />

limited to the following provisions.<br />

a. Movable or portable signs may be placed in the public right-of-way to mark points of<br />

ingress and egress. Such signs may include the message “Business Access Only” and<br />

an arrow directing patrons to a driveway and may also include the<br />

name or logo of the


usiness;<br />

b. The maximum display period for temporary signs used during periods of major street<br />

construction shall only be for the duration of the construction period. Such signs shall<br />

be removed within ten business days after construction in front of the affected<br />

business is completed;<br />

c. There shall be no specific spacing requirement between freestanding temporary signs<br />

and other temporary or permanent signs. However, signs shall be placed as far apart<br />

as possible in order to provide equal visibility for all signs. Signs shall not be placed<br />

so as to block the view of or obscure another sign; and<br />

d. Except for the signs permitted by Section <strong>89</strong>-6-1108(l)(5)a. above, no sign shall be<br />

located within a street right-of-way or within clear vision areas at intersections of<br />

streets or intersections of streets and driveways.<br />

e. No permit shall be required for temporary signs used during periods of major street<br />

construction.<br />

f. Businesses may qualify for these exceptions only if major construction is materially<br />

impairing the primary access to the business.<br />

(m) Wall signs in BR-P and P-O zones. Wall Signs in BR-P and P-O zones shall consist only of<br />

the name of the occupant of the building.<br />

(n) Neighborhood entryway signs. The following provisions shall apply to neighborhood<br />

entrywa y signs:<br />

(1) Size. Subdivisions or planned residential developments having final approval must<br />

minimum of 5 acres in order to be eligible for neighborhood entryway signage;<br />

contain a<br />

(2) Number Limit. The maximum number of signs on each side of an entry point shall be one<br />

sign;<br />

(3) Compatibility. Signage shall be architecturally<br />

streetscape walls;<br />

compatible with on-site signs, structures and<br />

(4) Landscaping approval of Planning Commission. All planned residential developments shall<br />

incorporate landscaping into the signage and obtain Planning Commission approval of it in the<br />

Planned Residential development plan approved by the Planning Commission;<br />

(5) No changed copy. Changeable copy, internal illumination, exposed neon, pan<br />

cabinet and painted signs are prohibited; and<br />

(6) No monument signage. The use of neighborhood entryway signage shall prohibit<br />

monument signage.<br />

channel letters,<br />

the use of<br />

(o) Neighborhood entryway monument signs. Neighborhood entryway monument signs are<br />

allowed in subdivisions and planned residential developments as follows:<br />

(1) Minimum acreage. Subdivisions or planned residential developments that have final approval<br />

must contain a minimum of 5 acres in order to be eligible for two monument signs per


entrance. Otherwise, they are limited to one monument sign per entrance;<br />

(2) Number Limit. The maximum number of signs on each side of entry shall be one single-sided<br />

monument sign. A double-sided monument sign is permitted on only one side of entrance or<br />

in center median;<br />

(3) Design compatibility. Signage shall be architecturally compatible with onsite signs,<br />

structures and streetscape walls;<br />

(4) Landscaping. All planned residential developments shall incorporate landscaping into the<br />

signage plan;<br />

(5) No change of copy. Changeable copy, internal illumination, exposed neon, pan channel<br />

letters, cabinet and painted signs are prohibited; and<br />

(6) Limit entryway signage. The use of monument signage shall prohibit the use of neighborhood<br />

entryway signage.<br />

(p) Changeable Copy Signs in P-O zones. Changeable copy signs will only be allowed to be<br />

placed in monument or pole signs, within the P-O zone district.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 03-44,(c); (l), 08-19-2003; Ord. No. 04-14, 03-16-2004;<br />

Ord. No. 05-32, 08-09-2005; Ord. No. 06-19, 04-18-2006)<br />

Sec. <strong>89</strong>-6-1109. Nonconforming signs.<br />

(a) Legal Non-Conforming Sign. Any sign lawfully erected prior to January 1, 2005, which<br />

exceeds the limitations of this Part shall be deemed legal, but nonconforming, and may continue to exist until<br />

made non-conforming. Legal non-conforming signs are an accessory structure to the principal or use on the lot<br />

and shall become illegal by the occurrence of the earliest of any of the following events: (1) any modification<br />

of the appearance of the sign, except for normal maintenance necessary to retain its original appearance; (2)<br />

removal of the sign, except for when done for purposes of normal maintenance, in which case the sign must be<br />

replaced within fourteen (14) calendar days after removal for maintenance; (3) destruction, remodeling repair<br />

or other construction related to the sign or of the building having a business subject of advertising on said sign<br />

caused by deterioration, fire, calamity or other event, to an extent that the cost of said remodeling, repair or<br />

other construction work exceeds fifty percent (50)% of the original cost of said building or sign subject of such<br />

work; or (4) a change of an occupancy classification of use is made, as defined in the City’s Building Code, in<br />

the building and which change results in a materially higher intensity-of-use on the lot or in the building above<br />

that which legally existed on or before September 1, 2005.<br />

(b) Removal. Upon becoming non-conforming and illegal, any non-conforming sign shall<br />

immediately be removed or made to comply with all requirements of this chapter. Non-conforming signs<br />

which are not removed shall be subject to the enforcement provisions of this part.<br />

(c) Unlawful Signs. Any sign unlawfully erected prior to January 1, 2005, shall be deemed to be<br />

non-conforming and shall be immediately removed.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 05-32, 08-09-2005; Ord. No. 05-49, 09-06-2005)<br />

Sec. <strong>89</strong>-6-1110.<br />

Enforcement.<br />

(a) Supplemental regulations. The provisions of this section apply specifically to signs and are<br />

intended to supplement the general enforcement provisions established in Chapter 7 of this <strong>Title</strong>.


(b) Authority to enforce. The Zoning Administrator, or his designee, shall civilly enforce the<br />

provisions of this Chapter and is granted the authority to institute any appropriate action to correct violations of<br />

this Chapter. Enforcement actions may include civil abatement proceedings and other enforcement procedures<br />

as provided by law.<br />

(c) Removal of illegal sign on public property. After impounding a sign, the City shall make a<br />

reasonable effort to identify and contact the owner of the sign in order to notify them of the reason why the<br />

sign was impounded, the location where the sign may be retrieved if the owner wishes to do so, and the time<br />

period within w hich the sign must be retrieved. Notification may be provided in person or by U. S. Mail. After<br />

the owner is notified of the impoundment, the City shall store the sign for 14 calendar days. The person<br />

responsible for the sign may claim it only after paying an impound fee as established by resolution of the City<br />

Council. If after 14 days the sign has not been claimed, it will be destroyed.<br />

(d) Removal of Illegal Signs. Signs displayed contrary to the provisions of this Chapter are<br />

subject to removal as set forth herein.<br />

(1)<br />

Notice. Before bringing action to require removal of any illegal sign, the Zoning<br />

Administrator shall give written notice to the owner of the sign, unless circumstances exist<br />

which render providing such notice impracticable. However, the Zoning Administrator may,<br />

without notice, cause the immediate removal or repair of any unsafe or defective signs that<br />

create an immediate hazard to persons or property.<br />

(2) Service of notice. Notice required under this section may be served by personal service; or<br />

mailing notice to the person, firm or corporation by certified mail. If service of notice is<br />

performed by mailing as provided in this section, the Zoning Administrator must also cause a<br />

copy of said notice to be posted on the sign installation for ten days.<br />

(3) Removal. The Zoning Admi nistrator may remove any illegal temporary sign which is<br />

maintained or re-erected after the expiration of the notice period.<br />

(4) Costs of Removal. The costs of removal of a sign by the City shall be borne by the owner of<br />

the signs and of the property on which it is located. Therefore, the City may bring any action<br />

for recovery allowed by law and may seek recovery of all costs, including attorney’s fees,<br />

incurred in bringing such an action.<br />

(e) Appeals. Civil Administrative appeals of decisions implementing or interpreting the<br />

provisions of this Chapter shall be made pursuant to the appeals provisions set forth in <strong>West</strong> <strong>Jordan</strong> Municipal<br />

Code <strong>89</strong>-2-303 et seq.<br />

(f) Prosecution. Any violation of the provisions of this Chapter is a class C misdemeanor and<br />

subject to criminal prosecution, regardless of whether notice for remediation or removal has been given.<br />

However, if the owner, lessee, or other person responsible for the display of the illegal sign has not removed<br />

the illegal sign or brought it into compliance with the provisions of this Ordinance by the end of the notice<br />

period, it is the duty of the Zoning Administrator to forward the information regarding the illegal sign to the<br />

City Prosecutor for appropriate action.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 05-32, 08-09-2005; Ord. No. 05-49, 09-06-2005)<br />

Sec. <strong>89</strong>-6-1201. Purpose and scope of part.<br />

PART 12. IMPROVEMENT GUARANTEES


The purpose and scope of this part is to provide for and govern the form, amount, and<br />

release of guarantees for all improvements which will be dedicated to the City or be installed in the<br />

public right-of-way, and all private streets, boundary fences, and nonpublic improvements which<br />

will be installed in areas of common ownership.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 07-10, 04-03-2007)<br />

Sec. <strong>89</strong>-6-1202. Guarantees for installation of public and private improvements required.<br />

(a) Public improvement guarantee required. Prior to the approval of a site plan or the<br />

signing of a final subdivision plat by the City, the Developer shall provide an improvement<br />

guarantee, acceptable to the City, securing completion of all required public improvements. The<br />

guarantee shall be in a legal form approved by the City Attorney and shall be signed on behalf of<br />

the City by the Mayor.<br />

(b) Nonpublic improvement guarantee required. In addition to the public<br />

improvement guarantee, the developer shall submit an improvement guarantee, acceptable to the<br />

City, securing completion of private streets, boundary fences and nonpublic improvements to be<br />

installed in common areas of ownership.<br />

(c) Deferral of guarantee. The City manager may defer the submission of the<br />

improvement guarantee, if financing of the project is contingent upon approval. The deferral of<br />

submission of the improvement guarantee shall be upon such reasonable conditions as the City<br />

manager or his/her designee may require, but in no event shall submission of the improvement<br />

guarantee be extended more than seven days beyond the recording of the subdivision plat. In the<br />

event of such a deferral, no building, site preparation or other work permit shall be granted by the<br />

City, until after the effective date of the City approved improvement guarantee, and it is illegal and<br />

a misdemeanor to obtain such a permit until after the effective date of the improvement guarantee.<br />

(d) No third-party beneficiaries. The guarantee required under this section is for the<br />

sole benefit of the City. The guarantee is not for the individual benefit of any citizen or identifiable<br />

class of citizens, including but not limited to the purchasers of lots or building spaces within the<br />

development for which the improvement guarantee is required. The guarantee is not for the<br />

purpose of ensuring that funds are available for the payment to material suppliers or labor suppliers<br />

for such improvements, and no rights to such guarantee shall accrue to such suppliers. The fact that<br />

such a guarantee has been required by the City shall not create any obligation to third parties to<br />

enforce the terms of said guarantee or create any right of action against the City to enforce the terms<br />

of the guarantee, to install the guaranteed improvements or to respond in damages for the<br />

non-enforcement of the guarantee or the non-installation of the improvements.<br />

(e) Applicability. This section does not apply to the separate landscaping, street<br />

lighting and revegetation guarantees which, if required, shall be submitted and administered in<br />

accordance with the Code.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 07-10, 04-03-2007)<br />

Sec. <strong>89</strong>-6-1203. Estimated cost of improvements.<br />

(a) Estimated cost of public improvements, system categories. The City Engineer<br />

shall calculate the estimated cost of public improvements which will be dedicated to the City or be<br />

installed in the public right-of-way. The estimated cost shall typically include, not by way of<br />

limitation, the following system categories: (i) earthwork and erosion control; (ii) culinary water;


(iii) sanitary sewer; (iv) storm sewer; (v) street improvements including, but not limited to, curb,<br />

gutter, and sidewalk; (vi) secondary and irrigation water; (vii) finish items related to the public<br />

improvements; and (viii) other categories as approved by the City Engineer.<br />

(b) Estimated cost of nonpublic improvements. Where required, the City Engineer<br />

shall also calculate the reasonable estimated cost of private streets, boundary fences and nonpublic<br />

improvements to be installed in common areas of ownership.<br />

(Adopted by Ord. No. 07-10, 04-03-2007)<br />

Sec. <strong>89</strong>-6-1204. Improvement guarantee amount.<br />

(a) Public improvement guarantee amount. The developer shall submit an<br />

improvement guarantee in the face amount of 100 percent of the estimated cost of public<br />

improvements, plus the cost of a one-inch asphalt overlay on public streets.<br />

(b) Nonpublic improvement guarantee amount. In addition to the public improvement<br />

guarantee, the developer shall submit an improvement guarantee in the face amount of 100 percent<br />

of the estimated cost of private street and boundary fence improvements, plus the estimated cost of<br />

all landscaping, common-area, and other recreational facilities and amenities to be installed within<br />

the development. The improvement guarantee for the nonpublic improvements will be released<br />

immediately upon their installation.<br />

(Adopted by Ord. No. 07-10, 04-03-2007)<br />

Sec. <strong>89</strong>-6-1205. Form of improvement guarantee.<br />

(a)<br />

Form of guarantee. The guarantee shall be one of the following forms:<br />

(1) A bond, with a corporate surety authorized to do business in the State, in a form<br />

approved by the City Attorney and with a Best’s rating of B+ or better.<br />

(2) An escrow account held by a federally insured bank, savings and loan, or credit<br />

union, authorized to do business in the State, in a form approved by the City<br />

Attorney. The proceeds shall be available to the City by presenting a site draft at<br />

an office located within 50 miles of the City.<br />

(3) An irrevocable stand-by letter of credit issued by a federally insured bank, savings<br />

and loan, or credit union, authorized to do business in the State, in a form approved<br />

by the City Attorney. The proceeds shall be available to the City by presenting a<br />

site draft at an office located within 50 miles of the City.<br />

(4) Cash or a cashiers check, for deposit with the City in its accounts. Interest, if any,<br />

earned by the City on the deposited sum shall be retained by the City as<br />

reimbursement and an offset for the cost of administering the improvement<br />

guarantee.<br />

(Adopted by Ord. No. 07-10, 04-03-2007)<br />

Sec. <strong>89</strong>-6-1206. Reduction of public improvement guarantee.<br />

(a) Reduction request. After completing a system or systems, the developer may<br />

submit a written request for reduction of the<br />

public improvement guarantee. Written reduction


equests may be made by developer only once every thirty (30) calendar days.<br />

(b) Reduction amount. The proceeds of the public improvement guarantee shall only<br />

be reduced upon satisfactory completion, as determined by the City Engineer, of an entire system.<br />

The amount of the reduction shall be determined by the City Engineer and shall not exceed 75% of<br />

the amount set forth in the estimated cost of public improvements for the system category in which<br />

reduction is sought. The total public improvement guarantee proceeds shall not be reduced below<br />

twenty-five (25) percent of the initial face amount, plus the estimated cost of a one-inch (1-inch)<br />

thick asphalt concrete overlay for public streets.<br />

No reduction shall be authorized until such time as the City Engineer has inspected the<br />

improvements and found them to be in full compliance with City’s ordinances, standards and<br />

specifications, and the approved engineering drawings. All reductions shall be by written<br />

authorization of the City Engineer.<br />

(c) Proceeds. The City shall have immediate access to the proceeds of the public<br />

improvement guarantee.<br />

(Adopted by Ord. No. 07-10, 04-03-2007)<br />

Sec. <strong>89</strong>-6-1207. Warranty for public improvements.<br />

(a)<br />

Warranty and maintenance period, repairs and maintenance.<br />

(1) The developer shall guarantee all public improvements installed against any<br />

damage arising from any cause and from any defect in design or construction<br />

during the warranty and maintenance period and shall promptly repair the same<br />

upon written notice from the City. Additionally, the developer shall agree to hold<br />

the City harmless from any and all liability, which may arise as a result of the<br />

improvements which are installed, until such time as the City certifies the<br />

improvements are complete and accepts the public improvements at the end of the<br />

warranty and maintenance period.<br />

(2) The twenty-four (24)-month warranty and maintenance period shall begin on the<br />

day following the official written action by the City Manager approving the<br />

ninety-percent (90%) public improvement guarantee reduction.<br />

(3) During the warranty and maintenance period, the City will provide routine<br />

maintenance of the public improvements, such as street sweeping and snow<br />

plowing. Developer shall perform roadway, sanitary sewer, and storm drainage<br />

system cleaning where individual lot building, site construction, or other activities<br />

associated with development, result in mud or dirt in the streets and storm drainage<br />

systems. Developer shall minimize and clean tracking of mud and dirt consistent<br />

with Federal, State and local laws, ordinances and regulations.<br />

(4) Repair work shall be the responsibility of the developer until final acceptance by<br />

the City in accordance with the provisions of this chapter.<br />

(5) The warranty provisions of this chapter shall not apply to nonpublic<br />

improvements.<br />

(b)<br />

Warranty<br />

inspection and ninety percent (90%) guarantee reduction.


(1) After all systems have been completed, inspected, and the guarantee amount for each<br />

and every system has been reduced according to Section <strong>89</strong>-6-1206, the developer shall<br />

request a warranty inspection and ninety percent (90%) guarantee reduction by<br />

submitting a completed warranty inspection and guarantee reduction application to the<br />

City Engineer.<br />

(2) The warranty inspection will be performed after receipt by the City Engineer of a<br />

complete application. Completeness shall be determined by the City Engineer, and<br />

incomplete applications shall be returned to the developer without performance of an<br />

inspection.<br />

(3) After performance of the warranty inspection, the City Engineer shall prepare a<br />

corrections list identifying incomplete and unsatisfactory items, which shall be<br />

completed by developer within thirty (30) days. Failure to complete the corrections list<br />

items within thirty (30) days shall result in re-inspection and preparation of a revised<br />

corrections list. Developer shall be responsible for the cost of each additional<br />

inspection and corrections list.<br />

(4) Upon verification by the City Engineer and the City Manager that the corrections list<br />

items have been satisfactorily completed in accordance with the approved engineering<br />

drawings and the City’s ordinances, standards and specifications, the City Manager<br />

will approve reduction of the public improvement guarantee to an amount equal to ten<br />

percent (10%) of its original face amount, plus the estimated cost of a one-inch (1-inch)<br />

thick asphalt concrete overlay for the roadways.<br />

(c) Failure to perform. If Developer fails to complete the required improvements within<br />

twenty-four ( 24) months from the date of final plat recordation or, if no plat is recorded, within<br />

twenty-four (24) months from the effective date of the improvement guarantee, the City Engineer will<br />

notify the developer that he/she has thirty (30) calendar days in which to complete these requirements. If<br />

the developer refuses or neglects to complete these requirements, demand may be made on the holder of<br />

the guarantee, and the City may take the necessary corrective action, at developer’s expense<br />

(Adopted by Ord. No. 07-10, 04-03-2007)<br />

Sec. <strong>89</strong>-6-1208. Final inspection and release of guarantee.<br />

(a) Release of guarantee for nonpublic improvements. The guarantee for nonpublic<br />

improvements shall be released upon verification that all nonpublic improvements have been<br />

satisfactorily installed in accordance with the approved engineering drawings and the City’s ordinances,<br />

standards and specifications. Release shall be evidenced by written approval of the City Manager.<br />

(b)<br />

Final inspection of public improvements, release of public improvement guarantee.<br />

(1) After the twenty-four (24) month warranty and maintenance period is complete, the<br />

City shall perform a final inspection, and Developer shall request release of the<br />

improvement guarantee by submitting a completed application to the City Engineer.<br />

(2) After performance of the final inspection, the City Engineer shall prepare a corrections<br />

list identifying unsatisfactory items, which shall be<br />

repaired by developer within thirty<br />

(30) calendar days. Upon completion of the corrections list items, developer shall


submit certification of completion to the City Engineer. The certification shall be in a<br />

form acceptable to the City Engineer.<br />

(3) Failure to complete the corrections list items and submit the certification within thirty<br />

(30) calendar days shall result in a seven-day (7-day) notice to developer to complete<br />

the corrections and submit the certification. If the corrections are not complete by the<br />

end of the seven-day (7-day) notice period, the City may make demand upon the<br />

guarantee, and may, at its discretion, complete the corrections at Developer’s expense.<br />

Developer will remain responsible for all cost and expense of repairing the<br />

improvements including, not by way of limitation, administrative costs, and labor and<br />

materials costs.<br />

(4) No release will occur until the City Engineer receives a complete application<br />

requesting release. Completeness shall be determined by the City Engineer, and<br />

incomplete applications shall be returned to the developer.<br />

(5) Upon verification by the City Engineer and the City Manager that the corrections list<br />

items have been satisfactorily completed in accordance with the approved engineering<br />

drawings and the City’s ordinances, standards and specifications, the City Manager<br />

will approve release of the public improvement guarantee. Final release shall be<br />

evidenced by written approval of the City Manager.<br />

(c) Final acceptance. Final acceptance occurs after the Engineering Department has<br />

completed the final inspection at the end of the warranty period, the correction list has been<br />

completed, and the final ten (10)-percent retention has been released, in writing, by the City<br />

Manager. Fi nal acceptance is effective only after delivery of a written acknowledgment signed by<br />

the City Manager. Delivery may be in person or by depositing such written acknowledgment in the<br />

U.S. mail. Verbal acknowledgment of completion does not constitute final acceptance. Developer<br />

shall be responsible to ensure that such delivered acknowledgment is received. Upon final<br />

acceptance, the City accepts full responsibility for all publicly dedicated facilities.<br />

(Adopted by Ord. No. 07-10, 04-03-2007)<br />

Sec. <strong>89</strong>-6-1209 . Repairs and emergency repairs.<br />

(a) Repairs and emergency repairs. If at any time during the construction period or<br />

warrant y and maintenance period, and, if the development is a subdivision, at any time after plat<br />

recordation and prior to final acceptance as set forth herein, repairs to any of the improvements<br />

become necessary, including but not limited to broken water mains and street repairs where safety<br />

is a prime factor, such repairs will be the responsibility of the developer.<br />

(1) The City Manager may require the developer to undertake corrective repairs at any<br />

time the improvement is in a defective condition such that, in the opinion of the<br />

City Manager, public safety or convenience is jeopardized by such defective<br />

condition.<br />

(2) Reasonable efforts will be made to have the developer complete emergency<br />

repairs. However, if an emergency or hazardous condition exists and, in the<br />

exclusive judgment of the City Manager or his/her designee, is such that the City<br />

crews must make immediate repairs, only as much work will be finished as<br />

reasonably necessary to alleviate the emergency or hazardous situation.<br />

Thereafter, upon written demand, developer shall immediately reimburse the City


for all labor, materials or equipment usage expenditures. If reimbursement has not<br />

been made within five (5) working, days after notification of the amount due, a<br />

demand will be made on the holder of the guarantee for the amount due.<br />

(Adopted by Ord. No. 07-10, 04-03-2007)<br />

Sec. <strong>89</strong>-6-1210. Inadequate proceeds.<br />

(a)<br />

Inadequate proceeds, costs.<br />

(1) If the Developer does not timely complete improvements or make repairs, and if<br />

the proceeds of the improvement guarantee are inadequate, for whatever reason<br />

(including previous reductions), to pay the cost of completing and repairing the<br />

improvements to meet the City’s ordinances, standards and specifications, and the<br />

approved engineering drawings, the Developer shall be responsible to pay to the<br />

City the deficiency. No building permits or other City approvals shall be issued for<br />

the development or property until: (a) the improvements are satisfactorily<br />

completed and repaired as verified by the City Engineer; or (b) a new, satisfactory<br />

improvement guarantee for the deficiency has been executed and delivered to the<br />

City as provided in this Chapter.<br />

(2) The City’s cost of administration incurred in obtaining the proceeds of the<br />

improvement guarantee, including attorney’s fees and court costs, if any, shall be<br />

deducted from the proceeds of the guarantee.<br />

(Adopted by Ord. No. 07-10, 04-03-2007)<br />

CHAPTER 7. ENFORCEMENT<br />

Sec. <strong>89</strong>-7-101.<br />

Enforcement authority.<br />

The Community Development Director or his designee shall enforce this <strong>Title</strong>.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-7-102. Issuance of permits.<br />

All department officials and public employees of the City who are vested with the duty or<br />

authority to issue permits shall conform to the provisions of this <strong>Title</strong> and shall issue no permit,<br />

certificate or license for uses, buildings or purposes in conflict with the provisions of this <strong>Title</strong>.<br />

Any permit, certificate, or license issued in conflict with the provisions of this <strong>Title</strong>, intentionally or<br />

otherwise, sh all be null and void. Any certificate or permit issued upon a false Statement of fact<br />

that is material to the issuance thereof shall be void.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-7-103.<br />

Types of violations.<br />

(a) Development or use without permit. To engage in any development, use,<br />

construction, remodeling, or other activity of any nature upon the land and improvements thereon<br />

subject to the jurisdiction of the City without all of the required permits, approvals, certificates and<br />

other forms of authorization required by this <strong>Title</strong> or other City ordinance in order to conduct or<br />

engage in such activity.<br />

(b)<br />

Development or use inconsistent with permit. To engage in any development, use,


construction, remodeling or other activity that is contrary to the terms and conditions of any permit,<br />

approval, certificate or other form of authorization required to engage in such activity.<br />

(c) Development or use inconsistent with permit conditions. To violate, by act or<br />

omission, any lawful term, condition, or qualification placed by the City Council, Planning<br />

Commission, Board of Adjustment or officer of the City, as applicable, upon a required permit,<br />

certifica te or other form of authorization granted by the City Council, Planning Commission, Board<br />

of Adjustment, or other City officer allowing the use, development or other activity upon land or<br />

improvements thereon.<br />

(d) Development or use inconsistent with <strong>Title</strong>. To erect, construct, reconstruct,<br />

remodel, alter, maintain, move, or use any building or structure, or to use any land in violation of<br />

this <strong>Title</strong>.<br />

(e) Making a lot or setback non-complying. To reduce or diminish any lot area so that<br />

setbacks or open spaces shall be smaller than prescribed by this <strong>Title</strong> and the applicable final plat or<br />

plan.<br />

(f) Increasing intensity of use. To increase the intensity of use of any land or<br />

structure, except in accordance with the procedural and substantive requirements of this <strong>Title</strong>.<br />

(g) Continuing violation. To continue any of the above violations. Each day of a<br />

violation shall be considered a separate offense.<br />

(h) Removing, defacing or obscuring notice. To remove, deface, obscure or otherwise<br />

interfere with any notice required by this <strong>Title</strong>.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-7-104. Remedies and enforcement powers.<br />

(a) Withhold permits. The City may deny or withhold all permits, certificates or other<br />

forms of authorization pertaining to any land or improvements where there exists an uncorrected<br />

violation of this <strong>Title</strong> or of a condition or qualification of a permit, certificate, approval or other<br />

authorization previously granted by the City Council, Planning Commission, Board of Adjustment,<br />

or other City officer. The City may, instead of withholding or denying an authorization, grant such<br />

authorization subject to the condition that the violation be corrected. The provisions of this section<br />

shall apply<br />

rega rdless of whether the original applicant or current owner is responsible for the<br />

violation in question.<br />

(b) Revoke permits. Any permit may be revoked when the City manager or his<br />

designee determines that actions taken thereunder do not conform to plans, specifications or<br />

conditions of the permit; that the permit was procured by false representation or was issued by<br />

mistake; or that any of the provisions of this <strong>Title</strong> are being violated.<br />

(1) Written notice of such revocation shall be served upon the owner, his agent, or<br />

contractor, or upon any person employed at the site of the building or structure for<br />

which such permit was issued, or shall be posted in a prominent location; and,<br />

thereafter, no such construction shall proceed.<br />

(2) Upon revocation of a building permit that was issued by mistake, the owner shall<br />

meet with the City manager or his designee to determine in what respect a mistake


was made. When plans are in conflict with ordinances, resolutions, regulations or<br />

requirements, and when construction has not progressed to a stage where<br />

modification of the plans would require substantial alteration of the structures in<br />

place, the plans shall be modified to conform to all applicable requirements. When<br />

construction has progressed to a stage where compliance would require substantial<br />

alteration of construction in place, the owner shall meet with the City manager or<br />

his designee to negotiate possible changes in the plans that would more nearly<br />

conform to applicable ordinances, resolutions, regulations or requirements.<br />

(3) When a mistake has been made calculating the fee for any permit, the proper fee<br />

shall be charged.<br />

(c) Stop work. In accordance with its power to stop work under the building code, the<br />

City ma y stop work, with or without revoking permits, on any building or structure on any land on<br />

which there is a n uncorrected violation of a provision of this <strong>Title</strong> or of a permit or other form of<br />

authorization issued under this <strong>Title</strong>.<br />

(d) Revoke plan or other approvals. Where a violation of this <strong>Title</strong> involves failure to<br />

comply with approved plans or conditions upon which the approval of such plans was made<br />

subject, the City may, upon notice to the applicant and other known parties in interest (including<br />

any holders of building permits affected) and after a hearing, revoke the plan or other approval, or<br />

condition its continuance on strict compliance, the provision of security, or such other conditions as<br />

the City may reasonably impose.<br />

(e) Injunctive relief. The City may seek an injunction or other equitable relief in the<br />

district<br />

court to stop any violation of this <strong>Title</strong> or of a permit, certificate or other form of<br />

authorization granted under this <strong>Title</strong>.<br />

(6f) Abatement. The City may seek a court order from the district court in the nature of<br />

mandamus, abatement, or other action or proceeding to abate or remove a violation or to otherwise<br />

restore the premises in question to the condition in which they existed prior to the violation.<br />

(g) Penalties. Violation of any of the provisions of this <strong>Title</strong> shall upon conviction be<br />

punishable as a class C misdemeanor. Each day's violation shall constitute a separate offense.<br />

(h) Other remedies. The City shall have such other remedies as are and as may be<br />

from time to time provided by State law or City ordinance for the violation of any provision of this<br />

<strong>Title</strong>.<br />

(i) Remedies cumulative. These remedies shall be cumulative.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-7-105.<br />

Nonconforming use as affirmative defense.<br />

It shall be an affirmative defense to the enforcement of the provisions of this <strong>Title</strong> that the<br />

action complained of is a legally nonconforming use or nonconforming structure as set forth in<br />

Chapter 6, Part 2, of this <strong>Title</strong>. The property owner shall have the burden of establishing that a<br />

nonconforming use or nonconforming structure lawfully exists under this <strong>Title</strong>.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec.<br />

<strong>89</strong>-7-106. Enforcement procedures.


(a) Inspection of buildings, structures and land uses. The City manager or his<br />

designee is hereby authorized to inspect all buildings and structures in the course of construction,<br />

modification or repair, and to inspect land uses to determine compliance with the provisions of this<br />

<strong>Title</strong>.<br />

(b) Right of entry. Authorized City personnel shall have the right to enter any building<br />

for the purpose of determining compliance with the provisions of this <strong>Title</strong>. Such right of entry<br />

shall be exercised only at a reasonable hour. In no case shall entry be made to any building in the<br />

absence of the owner or tenant of the building without consent of the owner or tenant, or a written<br />

order of a court of competent jurisdiction.<br />

(c) Violation of performance standards. The City manager or his designee shall<br />

investigate any purported violation of this <strong>Title</strong>.<br />

(d) Interference with enforcement personnel. It shall be unlawful for any person to<br />

interfere with lawful enforcement activities.<br />

(e) Police to assist with enforcement activities. At the request of the City manager or<br />

his designee, the police department shall assist in the administration of enforcement activities<br />

authorized by this chapter or other City ordinance.<br />

(f) Notice. In the case of violations not involving continuing construction or<br />

development, or any emergency situation, the City manager or his designee shall give written<br />

notice of the nature of the violation to the owner of the land and to any person who is a party to any<br />

relevant perm it, certificate or approval. The persons receiving such notice shall have 14 days to<br />

correct the violation before further enforcement action.<br />

(g) Immediate enforcement. In the case of a violation involving either continuing<br />

construction or development, or an emergency situation (as reasonably determined by the City<br />

manager or his designee) the City may use the enforcement powers and remedies available to it<br />

under this chapter without prior notice. In such case, the City manager or his designee shall send<br />

the notice to the same parties set forth in subsection (6) of this section simultaneously with the<br />

beginning of enforcement action.<br />

(h) Enforcement and abatement. Any building or structure set up, erected,<br />

constructed, altered, enlarged, converted, moved or maintained; or any land, building, or premises<br />

used contrary to the provisions of this <strong>Title</strong> is hereby declared to be unlawful and a public nuisance.<br />

Upon request by the City manager or his designee the City attorney may commence action or<br />

proceedings for the abatement, removal, and enjoinment thereof in the manner provided by law.<br />

The City attorney may take such other steps and may apply to such court as may have jurisdiction to<br />

grant such relief as will abate and remove such building or structure, and restrain and enjoin any<br />

person, firm or corporation from setting up, erecting, building, maintaining, or using any building,<br />

structure or property contrary to the provisions of this <strong>Title</strong>.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-7-107. Other enforcement matters.<br />

(a) Other powers. In addition to the enforcement powers specified in this chapter, the<br />

City may exercise any and all enforcement powers granted to it by State law, as may be amended<br />

from time to time.


(b) Continuation. Nothing in this <strong>Title</strong> shall prohibit the continuation of previous<br />

enforcement actions, undertaken by the City pursuant to previous and valid resolutions, ordinances<br />

and laws.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

CHAPTER 8. FEES<br />

PART 1. IMPACT FEES<br />

Sec. <strong>89</strong>-8-101. Purpose and scope of chapter.<br />

This chapter is intended to meet the requirements of Utah Code Ann. §§<br />

11-36-101--11-36-401, titled the "Impact Fees Act." The intent of collecting impact fees is to<br />

impose a portion of the cost of capital improvements for water, sanitary sewer, stormwater, roads,<br />

parks, open space and trails, law enforcement, fire and emergency medical upon those<br />

developments that create the need for, or increase the demands on, capital improvements. The<br />

impact fees imposed by this chapter are separate from and in addition to any applicable tax, special<br />

assessment, charge, or fee otherwise provided by law or imposed as a condition of development.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-37, 09-07-2004)<br />

Sec. <strong>89</strong>-8-102. Capital facilities plan.<br />

(a)<br />

the following:<br />

The City Council shall adopt and maintain a capital facilities plan that shall include<br />

(1) A development impact fee calculation report of the proposed impact fees as<br />

outlined in section <strong>89</strong>-8-103.<br />

(2) The proposed means by which the City will meet the demands identified in the<br />

development impact fee calculation report. The proposal shall incorporate all<br />

anticipated revenue sources including impact fees, available to finance the impacts<br />

on system improvements.<br />

(3) The proposal shall include a schedule of capital improvements to be undertaken,<br />

the projected year and month in which they are scheduled to be completed, and the<br />

estimated cost of construction.<br />

(4) An evaluation of proposed impact fees which considers an equitable allocation of<br />

the costs borne by the City in the past and to be borne in the future, in comparison<br />

to the benefits already received and yet to be received.<br />

( Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-37, 09-07-2004)<br />

Sec. <strong>89</strong>-8-103. Development impact fee calculation report.<br />

(a)<br />

The City shall prepare or cause to be prepared a development impact fee


calculation report of each impact fee to be imposed which:<br />

(1) Identifies the impacts to capital facilities required to serve new development<br />

activity;<br />

(2) Demonstrates how those impacts on capital facilities are reasonably related to the<br />

development activity;<br />

(3) Estimates the proportionate share of the costs of impacts on capital facilities that<br />

are reasonably related to the development activity; and<br />

(4) Based upon <strong>89</strong>-8-103(a), identifies how the impact fee was calculated.<br />

(b) In analyzing whether or not the proportionate share of the costs of capital facilities<br />

are reasonably related to a development activity, the City shall identify, if applicable:<br />

(1) The cost of existing capital facilities;<br />

(2) The manner of financing existing capital facilities such as user charges, special<br />

assessments, bonded indebtedness, general taxes or Federal grants;<br />

(3) The relative extent in which the newly developed properties in the City have<br />

already contributed to the cost of existing capital facilities, by such means as user<br />

charges, special assessments, or payment from the proceeds of general taxes;<br />

(4) The relative extent to which the newly developed properties in the City will<br />

contribute to the cost of existing capital facilities in the future;<br />

(5) The extent to which the future developed properties are entitled to a credit because<br />

the City is requiring developers or owners, by contractual arrangement or<br />

otherwise, to provide common facilities, inside or outside the proposed<br />

development, that have been provided by developers or owners, apart from user<br />

charges, in other parts of the City; and<br />

(6) Extraordinary costs, if any, in servicing the new developed properties; and<br />

(c)<br />

The impact fee calculation<br />

for a service area shall include:<br />

(1) Consideration of capital facility costs previously incurred by the City to the extent<br />

that new growth and development will be served by the previously constructed<br />

capital facilities;<br />

(2) The construction cost of new development activity;<br />

(3) The costs of acquiring land improvements, materials and fixtures of new<br />

development activity;<br />

(4) The costs for planning, surveying and engineering fees for services provided for<br />

and directly related to the construction of new capital facilities;<br />

(5) Debt service charges, current and proposed, if the impact fee might be used as a


evenue stream to pay the principal and interest on bonds, notes, or other<br />

obligations issued to finance the costs of existing or new capital facilities; and<br />

(6) A reimbursement (credit) for improvements to, or new construction of, any new<br />

capital facilities provided by the developer, if the facilities are identified in the<br />

capital facilities plan and are required by the City as a condition of approving the<br />

development activity.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-37, 09-07-2004)<br />

Sec. <strong>89</strong>-8-104. Adoption; notice.<br />

Before adopting an impact fee, the City shall give notice of the impact fee, make a copy of<br />

the impact fee resolution available to the public at least 14 days before a public hearing, and hold a<br />

public hearing to hear comment on the impact fee.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-8-105. Establishment of service areas.<br />

(a)<br />

Service areas shall be established as follows:<br />

(1) The entire incorporated territory of the City is hereby designated as a single unified<br />

service area for the purposes of the law enforcement facilities impact fees.<br />

(2) The entire incorporated territory of the City is hereby designated as a single unified<br />

service area for purposes of the imposition of the fire and emergency medical<br />

facilities impact fees.<br />

(3) The entire incorporated territory of the City is hereby designated as a single unified<br />

service area for the purposes of the imposition of the road facilities impact fees.<br />

(4) The entire incorporated territory of the City is hereby designated as a single unified<br />

service area for the purposes of the imposition of the stormwater facilities impact<br />

fees.<br />

(5) The entire incorporated territory of the City is hereby designated as a single unified<br />

service area for the purposes of the imposition of the roadway water facilities<br />

impact fee.<br />

(6) The entire incorporated territory of the City is hereby designated as a single unified<br />

service area for the purposes of the imposition of the sanitary sewer collection<br />

facilities impact fees.<br />

(7) The entire incorporated territory of the City is hereby designated as a single unified<br />

service area for the purposes of the imposition of the parks, open space and trails<br />

facilities impact fees.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-37, 09-07-2004)<br />

Sec. <strong>89</strong>-8-106. Unit of measure.<br />

(a) Each facility service demand shall have calculated for it the appropriate type of<br />

and total applicable units of measure in order to determine the development potential of the service


area. These calculations shall take into consideration:<br />

(1) Acreage available for development;<br />

(2) Current zoning map of the City;<br />

(3) Subdivision and zoning ordinance with related provisions in the code;<br />

(4) Adopted General Plan<br />

(5) Capital facility plans.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-37, 09-07-2004)<br />

Sec. <strong>89</strong>-8-107. Level of Service and Fee Coefficients.<br />

Included in the impact fee calculation are demand indicators, and proportionate share<br />

factors that establish the level of service standards.<br />

(a) Law enforcement facilities, fire and emergency medical, water, sanitary sewer,<br />

Stormwater, parks open space and trails. The level of service and impact fee coefficients are<br />

contained in Impact Fees, City of <strong>West</strong> <strong>Jordan</strong>, Utah; June 11, 2003; Tischler & Associates, Inc.<br />

and are incorporated by reference into the code by Ordinance 03-32.<br />

(b) Roadway facilities. The level of service and impact fee coefficients are contained<br />

in Impact Fees, City of <strong>West</strong> <strong>Jordan</strong>, Utah; May 5, 2004; Tischler & Associated, Inc. and are<br />

incorporated by reference into the code by Ordinance 04-30.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-37, 09-07-2004)<br />

Sec. <strong>89</strong>-8-108. Calculations.<br />

(a) An impact fee coefficient may not exceed the highest fee justified by the written<br />

impact fee analysis.<br />

(b) The City shall calculate the amount of all applicable impact fees due for each<br />

building permit or subdivision plat by:<br />

(1) Determining the types of capital facilities impacted by the development activity;<br />

(2) Verifying the applicable unit of measure for the development;<br />

(3) Verifying the applicable impact fee coefficient for each capital facility impacted<br />

by the development;<br />

(4) Determining the number of units of measure applicable to the particular<br />

development; and<br />

(5) For each capital facility impacted by the development, multiplying the applicable<br />

impact fee coefficient by the number of units of measure.<br />

(c) If the development for which a building permit or subdivision plat is sought<br />

contains a mix of uses, the City must separately calculate the impact fee due for each type of


development.<br />

(d) Prior to making an application for a building permit, an applicant may request a<br />

non-binding impact fee estimate from the City, which shall base such estimate on the development<br />

potential of the particular site and through the same manner as provided in this section.<br />

(e) The City shall, in conjunction with the annual capital budget and capital<br />

improvements plan adoption processes, review the development potential of each development and<br />

the capital improvements plan and make such modifications as are deemed necessary as a result of:<br />

(1) Development occurring in prior years;<br />

(2) Capital improvements actually constructed;<br />

(3) Changing facility needs;<br />

(4) Inflation;<br />

(5) Revised cost estimates for capital improvements;<br />

(6) Changes in the availability of other funding sources applicable to public facility<br />

projects; and<br />

(7) Such other factors as may be relevant.<br />

(f) Changes to capital improvement plans and impact fees or new capital<br />

improvement plans and impact fees may be established, as needed, by City Council through<br />

adoption of amending resolutions.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-37, 09-07-2004)<br />

Sec. <strong>89</strong>-8-109. Accounting.<br />

(a)<br />

The City shall:<br />

(1) Establish separate interest-bearing ledger accounts for each type of public facility<br />

for which an impact fee is collected;<br />

(2) Deposit impact fee receipts in the appropriate ledger account;<br />

(3) Retain the interest earned on each account, in that account; and<br />

(4) At the end of each fiscal year, prepare a report on each account documenting:<br />

a. The source and amount of all monies collected, earned and received by the<br />

account; and<br />

b. Each expenditure from the account.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-8-110. Expenditures.


(a)<br />

The City may expend impact fees only for:<br />

(1) System improvements for public facilities identified in the capital facilities plan;<br />

and<br />

(2) System improvements for the specific public facility type for which the fee was<br />

collected.<br />

(b) The City shall expend or encumber impact fees for a permissible use within six<br />

years of their receipt.<br />

(c)<br />

The City may hold impact fees for longer than six years if it identifies, in writing:<br />

(1) An extraordinary and compelling reason why the fees should be held longer than<br />

six years; and<br />

(2) An absolute date by which the fees will be expended.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-8-111. Refunds.<br />

(a) The City shall refund any impact fees paid by a developer, plus interest earned and<br />

minus an administration fee, when:<br />

(1) The developer does not proceed with the development activity and has filed a<br />

written request for a refund;<br />

(2) The fees have not been spent or encumbered; and<br />

(3) No impact has resulted.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-8-112. Petition for refunds.<br />

A petition for an impact fee refund must be submitted to the City on a form provided by the<br />

City for such purpose. Within two weeks of the date of receipt of a petition for refund, the City<br />

must provide the petitioner, in writing, with a decision on the refund request, including the reasons<br />

for the decision. If a full or partial refund is due petitioner, the City shall notify the City treasurer<br />

and request that a full or a partial refund payment be made to the petitioner within one month of the<br />

date of his written decision. Petitioner may appeal the refund determination to the City Council.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-8-113. Appeals.<br />

(a) Any person or entity required to pay an impact fee, that believes the fee does not<br />

meet the requirements of Utah Code Ann. §§ 11-36-101--11-36-401, titled the "Impact Fees Act,"<br />

may file a written request for information with the City. Within two weeks of the receipt of the<br />

request for information, the City shall provide the person or entity with the development impact fee<br />

calculation report required by this chapter and with any other relevant information relating to the<br />

impact fee.


(b) Within 30 days after paying an impact fee, the person or entity that has paid the<br />

impact fee and wishes to challenge the impact fee shall file a written appeal to the City Council.<br />

The City Council shall make its decision regarding the applicability of the impact fee within 30<br />

days after the notice of appeal was filed.<br />

(c) A person or entity who has failed to comply with the impact fees appeal process<br />

established by this chapter may not file or join an action challenging the validity of any impact fee.<br />

(d) A person may petition the City Council for an adjustment to the standard impact<br />

fee. The City Council may adjust the fee if it finds that there are unusual circumstances which<br />

affect the petitioner and that the impact fees are being imposed fairly when adjusted.<br />

(e) The City Council may adjust the amount of the impact fee to be imposed on a<br />

particular development based upon studies and data submitted by the developer.<br />

(f)<br />

The City Council may:<br />

(1) Exempt low-income housing and other development activities with broad public<br />

purposes from impact fees and establish one or more sources of funds other than<br />

impact fees to pay for that development activity;<br />

(2) Impose an impact fee for public facility costs previously incurred by a local<br />

political subdivision to the extent that new growth and development will be served<br />

by the previously constructed improvement; and<br />

(3) Allow a credit against impact fees for any dedication of land for, improvement to,<br />

or new construction of, any system improvements provided by the developer if the<br />

facilities are:<br />

a. Identified in the capital facilities plan; and<br />

b. Required by the local political subdivision as a condition of approving the<br />

development activity.<br />

(Enacted by Ord. No. 03-40, 07-15-2003; Ord. No. 04-37, 09-07-2004)<br />

Sec. <strong>89</strong>-8-114. Bonding of excess facility projects.<br />

The City may issue bonds, revenue certificates, and other obligations of indebtedness in<br />

such manner and subject to such limitations as may be provided by law in furtherance of the<br />

provision of capital improvement projects. Funds pledged toward retirements of bonds, revenue<br />

certificates, or other obligations of indebtedness for such projects may include impact fees and<br />

other City revenues as may be allocated by the City Council. Impact fees paid pursuant to this<br />

chapter, however, shall be restricted to use solely and exclusively for financing the cost of capital<br />

facilities as specified in this chapter.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-8-115. Effect on zoning and subdivision regulations.<br />

This chapter shall not affect, in any manner, the permissible use of property, density of<br />

development, design, and improvement standards and requirements, or any other aspect of the


development of land or provision of capital facilities subject to the zoning and subdivision<br />

regulations or other regulations of the City, which shall be operative and remain in full force and<br />

effect without limitation with respect to all such development.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-8-116. Impact fee as additional and supplemental requirement.<br />

Impact fees are additional and supplemental to, and not in substitution of, any other<br />

requirements imposed by the City on the development of land or the issuance of building permits.<br />

Impact fees are intended to be consistent with and to further the objectives and policies of the<br />

master plan, the capital facilities plan, and other City policies, ordinances, and resolutions by which<br />

the City seeks to ensure the provision of public facilities in conjunction with the development of<br />

land.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-8-117. Credit against impact fees.<br />

Credits against impact fees, if any, shall be made pursuant to, and in accordance with,<br />

Section <strong>89</strong>-6-412 of this <strong>Title</strong>.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

Sec. <strong>89</strong>-8-118. Liberal construction.<br />

The provisions of this chapter are hereby found and declared to be in furtherance of the<br />

public health, safety, and welfare, and convenience, and it shall be liberally construed to effectively<br />

carry out its purpose.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)<br />

PART 2. REVIEW FEES<br />

Sec. <strong>89</strong>-8-201. Review and application fees required.<br />

In order to offset a portion of the costs incurred by the City to review and process various<br />

development applications, fees shall be charged as the City Council may from time to time<br />

establish by resolution or ordinance.<br />

(Enacted by Ord. No. 03-40, 07-15-2003)

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