Chapter 17-7-5 MIXED-USE ZONE (MU)

Chapter 17-7-5
MIXED-USE ZONE (MU)

Sections:

17-7-5.1 Purpose.

17-7-5.2 Uses.

17-7-5.3 Lot and development standards.

17-7-5.4 Master planned development criteria and application.

17-7-5.5 Mixed-use master planned development permit—Required findings of fact.

17-7-5.6 Additional requirements for new residential development.

17-7-5.7 Parking.

17-7-5.8 Conditional use standards of review.

17-7-5.9 Related provisions.

17-7-5.1 Purpose.

This chapter is established to provide a zone that allows a mix of specific land uses that are typically found separately in “mutually exclusive” zoning districts. Mixed-use represents a departure from traditional zoning to the extent that it encourages a combination of land uses which might normally be regarded as incompatible. The intent of this zone is to create self-sustaining areas within the community that become traditional neighborhoods, in which residents may walk to work, to shopping, to transit and to recreational facilities. These neighborhoods should provide:

A. A variety of housing opportunities and choices that include a range of household types, family sizes, and incomes;

B. Streetscape treatments that include pedestrian-friendly features such as build-to lines, rear lot parking for shared uses, wide sidewalks and boulevards to separate pedestrians from vehicles;

C. Pedestrian lighting that is smaller in scale than typical street lighting, street furnishings, such as benches, drinking fountains, sculpture and trash receptacles located in conjunction with transit stops;

D. Large street trees that provide a canopy and shade to reduce the perception of an otherwise broad street width;

E. Bicycle racks and improved, sheltered transit stops with lighting and other amenities;

F. Convenient pedestrian-oriented commercial services; and

G. Enhanced employment opportunities.

Standards for the zone include requirements that help provide a true “neighborhood” by encouraging a mix of uses, parking concealment, and long-term maintenance. This zone is intended to be used in conjunction with area-specific overlay zones which address build-to lines, compact building design, preservation of open space, pedestrian friendly streets and streetscape, and building materials, colors and form control. Developments proposed with increased land use intensity and housing density, but without the above pedestrian-oriented elements, are unacceptable and will not be approved. (Ord. 11-20-2001 § 2 (part), 2001)

17-7-5.2 Uses.

If a use is not specifically designated, it is prohibited.

Table 17-7-5.2

Uses


Type	Allowed	Administrative	Conditional	Business License
Accessory Apartment, Single Family	X
Accessory Building—Occupied, Unoccupied, Single Family only	X
Alcoholic Beverage Class A License Class B License Class C Tavern Restaurant Package Agency Private Club State Liquor Store	X X X X X X		X	X X X X X X
Animal Hospital			X	X
Assisted Living Facility ≤ 1 acre > 1 acre		X	X	X X
Athletic, Tennis, Health Club	X			X
Bed and Breakfast	X			X
Cemetery			X	X
Child Care ≤ 6 children ≥ 7 children	X	X		X X
Commercial Repair Services	X			X
Commercial Convenience Store			X	X
Comprehensive Mental Health Treatment			X	X
Dwellings Single Family Duplex Multi-Family ≤ 1 acre > 1 acre	X X	X	X
Entertainment Center			X	X
Fences 6' or less > 6'	X	X
Financial Institution W/drive up window W/o drive up window	X X			X X
Home Occupation	X			X
Hotel/Motel			X	X
Kennel		X		X
Manufactured Home	X
Master Planned Development			X
Mixed-Use	X
Mortuary, Funeral Home	X			X
Municipal Facilities Parks Public Safety Facility Public Utilities Minor Major Recreational Facilities Trails		X X X X X	X
Office General Intensive and Clinical, Medical	X		X	X X
Parking Lot Commercial Private	X		X	X
Plant Nursery			X
Pre-Existing Landscaping	X
Pre-Existing Lighting (outdoor)	X
Pre-Existing Lot	X
Pre-Existing Structure	X
Pre-Existing Use	X
Quasi-Public Facilities			X	X
Recreation Facility Commercial			X	X
Religious/Educational Institute Permanent Temporary	X	X		X X
Residential Facility, Handicapped			X	X
Residential Facility, Elderly			X	X
Restaurant w/o drive up window		X		X
Retail and Service Commercial w/o drive up window		X		X
Shopping Center			X	X
Telecommunications Facility		X
Transportation Facility Major Minor	X		X

(Ord. 5/5/2009O-8 § 1 (Att. A) (part), 2009; Ord. 8/10/2004O-25 § 1(7) (part), 2004: Ord. 3-19-2002A § 1(2), 2002; Ord. 11-20-2001 § 2 (part), 2001)

17-7-5.3 Lot and development standards.

All new subdivision and mixed-use development within the zone shall be subject to the lot and development standards of its associated overlay zone. Master plan approval is a condition precedent to all new subdivision and mixed-use development in the mixed-use zone. (Ord. 11-20-2001 § 2 (part), 2001)

17-7-5.4 Master planned development criteria and application.

Regardless of the size and ownership of individual parcels, an applicant for any new subdivision, or any new development or redevelopment, which includes mixed-uses must submit and obtain a mixed-use master planned development permit as a condition precedent to subdivision or development. The plan must include sufficient information to demonstrate that the proposal fully mitigates all of its off-site impacts including: traffic, parking, stormwater, noise, glare, vibration, odor, and public and pedestrian safety and that it comports with the lot, development and architectural design criteria of its respective overlay zone.

A. Location Restrictions. Mixed-use developments shall be located in areas where pedestrian-oriented components (i.e., housing choices, convenience commercial, employment, community facilities, transportation linkages, park or other open space, schools, churches) are already present or planned, or where the size and scale of development is such that said components can be provided within the project itself. The planning commission shall evaluate proposals for mixed-use developments based on the following criteria:

1. The mix and interaction of uses proposed (i.e., convenience commercial and housing with transit);

2. Pedestrian level amenities (i.e., pathways and paseos, benches, etc.);

3. Linkages to surrounding neighborhoods and developments.

B. Mixed-Use Master Plan Application. At a minimum, the mixed-use master plan must include the following information:

1. Site Plan of Projected Development. A site plan depicting all parcels within the applicant’s control, including remnant parcels left from old developments, existing parcels or pads within existing center developments, and the existing and reasonably projected development on adjoining properties, determined through consultation with adjoining property owners. The proposed development must include an assemblage of parcels of sufficient area to assure compliance with required building setbacks, landscaping, access, off-street parking requirements, and walkability standards for the proposed development to assure a consistent overall mixed-use development with uniform and compatible site standards upon buildout.

2. Site Design. A site plan depicting proposed building placement, massing and uses consistent with the area specific overlay zone ordinance.

3. Crime Prevention Through Environmental Design (CPTED). The plan must demonstrate how CPTED principles will be used in the design and layout of buildings, streets, accesses and open space areas. Design shall promote natural surveillance, access control, territorial reinforcement, sense of ownership, and maintenance. CPTED landscaping guidelines shall be used, including planting shrubs with a maximum height of three feet and trees with a proper ground clearance of six feet above walkways and sidewalks and eight feet above vehicular travel and parking lanes. To encourage public safety through natural surveillance, natural access control, and territorial reinforcement, blank walls are not permitted adjacent to streets, pedestrian areas, and open space amenities. Symbolic barriers, such as low-lying fences/walls, landscaping and signage shall be used to discourage crime and to promote safety. Ground floor parking garages shall not be permitted immediately adjacent to streets. Developments shall have street side building elevations with extensive windows, and with balconies, decks or landscape terraces encouraged.

4. Visual Buffer Plan. A plan for visual buffers to protect adjacent residential uses. Within the proposed development, landscaped buffers are preferred over fences and walls. A visually open look is encouraged between compatible uses. Visual screening which creates “outdoor rooms” is often more important than a physical separation. If fences or walls are proposed, the plan must demonstrate how fences or walls will protect private space while not impeding “walkability,” or creating isolated uses or dead space void of natural surveillance. Fences or walls must be compatible in color, texture, and design with proposed buildings.

5. Aesthetically Pleasing Design From All Vantage Points. Elevations consistent with the overlay zone, that depict building mass, materials and exterior appurtenances and facades which create an aesthetically pleasing building and site, from all vantage points, that is in character with, and proportionate to, surrounding buildings and yet provides diversity in design.

6. Remodel. Plans for significant exterior modifications to any existing structures must be submitted to the planning commission for approval and must meet the same requirements as all other structures within the mixed-use zone.

7. Open Space Plan. An open space plan showing open spaces, including but not limited to: commons, pocket parks, plazas, courtyards, landscape features, water fountains and features, greenbelts, and trail connections. “Village greens,” as a commons area, may be required adjacent to mass transit connections or other significant activity. Building materials used within open space areas shall be related to the materials of adjacent buildings and walkable surfaces shall be a non-skid finish. Design shall encourage comfortable and safe pedestrian use, including landscaping, seating areas, and lighting as appropriate.

8. Steep Slope and Stormwater Plan. A plan, which depicts drainages, steep slopes and water features, if any, and how they will be preserved or enhanced.

9. Landscape/Streetscape Plan. A site-wide landscape and streetscape plan consistent with CPTED principles and the applicable area overlay zone ordinance.

10. Lighting Plan. A plan which shows proposed street, parking lot, open space and pedestrian way lighting in sufficient detail to demonstrate conformance with the standards established in the applicable area overlay zone ordinance.

11. Street, Trails, and Pedestrian Way Plan. A plan that depicts the design and placement of streets, trails, and pedestrian ways consistent with city standards and the overlay zone.

12. Parking and Circulation Plan. A plan which demonstrates the provision for, and layout of, safe, convenient, screened parking and vehicular circulation patterns which complement the:

a. Type of land use and structure;

b. Building height and configuration;

c. Relationship to other buildings both horizontally and vertically;

d. Natural land features such as slopes and vegetation;

e. Physical features such as rail lines, canals, and controlled ingress and egress;

f. Proposed transit shelters;

g. Visibility from vehicular approaches and distant highways;

h. Safe pedestrian connections to buildings, walkways, open space, and streets;

i. Parking planned in “outdoor rooms” or larger lots softened by substantial tree and ground cover;

j. Shared parking and access; and

k. Proposed on-street parking, if any. (Ord. 11-20-2001 § 2 (part), 2001)

17-7-5.5 Mixed-use master planned development permit—Required findings of fact.

Based upon written findings of fact, the planning commission shall approve, reject, or approve with conditions each complete application for a mixed-use master planned development.

A. Written Findings. The planning commission shall approve a mixed-use master planned development permit application only upon its issuance of a written finding that the:

1. Application complies in all respects with this code;

2. Use will be compatible in all respects with surrounding structures, uses, and circulation, based on the twelve criteria detailed in subsection B of this section;

3. Use is consistent with the general plan; and

4. Off-site effects of the use have been fully mitigated.

B. Criteria. In reviewing the mixed-use master planned development application, the planning commission shall consider the following criteria:

1. Site Context and Constraints. The size and location of the site and its surrounding uses, compared to the intensity of the proposed size and location of structures and the intensity of the proposed uses;

2. Traffic. Ease of on and off-site traffic circulation;

3. Pedestrian-Friendly Design. The extent to which the design and use promotes a pedestrian-friendly “walkable” environment;

4. Screening. Any proposed screening of the use. Mechanical equipment must be screened from streets, pedestrian areas, and adjacent developments. Screens shall be incorporated into the design of the building in an aesthetically pleasing manner, whether located on the ground or on the roof;

5. Compatibility/Multi-Faceted Design. Physical design and compatibility with surrounding structures. All sides of proposed buildings will receive equal design consideration, particularly where exposed to pedestrian and/or vehicular traffic and adjacent properties;

6. Off-Site Impacts. Noise, vibration, odors, steam, or mechanical factors that might affect neighbors and/or pedestrians;

7. Delivery and Service. Control of delivery and service vehicles, loading and unloading zones and screening of trash receptacles;

8. Maintenance. An overall maintenance schedule shall be implemented by property owners and/or property associations in maintaining all buildings, parking lots, roads, drainage, pavement, open spaces, courtyards, landscaping, fences, walls, drives, etc.;

9. Street Tree/Street Light Coordination. Actual tree spacing during site plan review may be adjusted, as necessary, to match existing streetscape or to adapt to unique on-site conditions that would justify such, e.g., topography, street lights, power lines and poles, and other utilities. In some cases, street trees may need to be placed behind sidewalks or eliminated in order to accommodate on-site conditions. Park strips on arterial and collector streets should accommodate street trees, streetlights, and other needed utilities. Street trees should be placed such that the street lighting system functions properly and achieves the desired result;

10. Service Areas. Loading and refuse collection areas must be screened from public view. These areas are not permitted in the area between buildings and streets unless they can be adequately screened through landscaping and/or walls less than four feet in height, as viewed by the public. Building and improvements upon lots must be designed to properly accommodate loading, unloading and refuse collection on-site. Screen walls and enclosures shall be constructed with materials compatible with the structures they serve. Loading and refuse collection areas shall be properly maintained in a debris-free condition. Except for approved and screened R.V. storage lots associated with a residential use, storage areas, including the storage of materials, merchandise, pallets, etc., shall be within buildings; and

11. Grading and Drainage. Drainage from any lot must follow current city requirements. Drainage shall not be allowed to flow upon adjoining lots unless the owner of the lot upon which the water flows grants an irrevocable easement for such purpose. A site plan with grading, drainage, and clearing plans must be approved by the city engineer before any such activities may begin. Lot grading shall be kept to a minimum. Where possible, roads and development shall be designed for preservation of natural grade. (Ord. 11-20-2001 § 2 (part), 2001)

17-7-5.6 Additional requirements for new residential development.

The following standards apply to new subdivision for, or new development or redevelopment of, residential uses:

A. Multifamily Residential. Multifamily residential use shall comprise a variety of types of housing, fulfilling housing needs with a wide assortment of housing options. The number of bedrooms per unit and other housing design options shall be varied in proportions to assist in providing suitable housing for a market range of household incomes, family size, and life cycles. The site plan design of multifamily development shall conform to requirements heretofore presented.

B. Single Family Residential. Single family residential uses shall be designed using “traditional neighborhood development” (TND) design principles. Front setbacks shall range between fifteen and twenty feet. The planning commission shall determine side and rear setbacks based upon subdivision layout and design.

1. The following TND standards are required:

a. “Subservient” garages, i.e., back loaded detached with alley access, front loaded detached, attached but setback from the front line of the home by at least five feet, side entry attached, or a combination of the above;

b. House roofs with a 5/12 pitch or greater;

c. House gables and detached garage gables facing the street;

d. Covered and open front porches comprising at least fifty percent of the front elevation (not including the garage), in no case being no less than fifteen feet in width;

e. Entry sidewalks that connect directly to public sidewalks.

2. The following TND standards are encouraged:

a. Two-story dwellings;

b. House dormers and/or shutters, and other window treatments;

c. Street side balconies/decks;

d. Wrap-around porches particularly on corner lots;

e. Streets that de-emphasize the need and speed of automobiles;

f. Other pedestrian-oriented design principles.

(Ord. 11-20-2001 § 2 (part), 2001)

17-7-5.7 Parking.

The following standards apply to all new development and to the expansion by more than twenty-five percent of an existing building mass or site size. To the greatest extent possible, the applicant should propose shared parking to reflect the proposed mix of uses. Without shared parking, the applicant shall propose on-site parking as follows:

Table 17-7-5.7
Parking
Uses	Parking Requirement (Number of Spaces)
Auditorium	1 for every 5 seats or 3 for every 100 square feet of floor area used for assembly or dancing
Bed and Breakfast Inn	1 per bedroom plus 1 per employee per shift
Cafe/Deli	3 per 1,000 s.f. of net leasable building area
Child Care Facility/Center	1 per on-duty employee and 1 per 6 children
Convenience Store, Support Commercial Uses	5 per 1,000 s.f. of net leasable building area
Duplex Dwelling	2 spaces per dwelling unit
Financial Institution	3 per 1,000 s.f. of net leasable building area
Group Care Facility	The greater of: 1 per 2 bedrooms plus 1 per employee per shift, or 2 per 3 employees/shift
Hotel	1 per suite and 1 space per 200 s.f. of separately net leasable space
Master Planned Development	Determined by planning commission, based on proposed uses and potential for shared parking
Multi-Family Dwelling	Apartment/Condominium not greater than 650 s.f. floor area	1 per dwelling unit
	Apartment/Condominium 650 to 1000 s.f. floor area	1.5 per dwelling unit
	Apartment/Condominium 1,000 to 2,500 s.f. floor area	2 per dwelling unit
	Apartment/Condominium 2,500 s.f. floor area or more	3 per dwelling unit
Neighborhood Commercial	2 per 1,000 s.f. of net leasable building area
Offices, General	3 per 1,000 s.f. of net leasable building area
Offices, Intensive and Clinic, Medical	5 per 1,000 s.f. of net leasable building area
Public/Quasi-Public Institution, Church, School, Utility	The greater of: 1 per 5 seats, or 2 per 3 employees, or 1 per 1,000 s.f.
Recreation Facility, Private	1 per 4 persons (based on the facility’s maximum rated capacity)
Recreation Facility, Commercial	The greater of: 1 per 4 seats; 5 per 1,000 s.f. of floor area; or 1 per 3 persons rated capacity
Retail & Service Commercial Personal Service	3 for each 1,000 s.f. of net leasable building area
Retail & Service Commercial, Regional	5 for each 1,000 s.f. of net leasable building area
Restaurant, Standard and Bar	1 for every 100 s.f. of net leasable floor area, including kitchen areas
Shopping Centers/Complexes of Multi-Tenant Retail	3.5 per 1,000 s.f. of net leasable building area
Single Family Dwelling	2 spaces per dwelling unit

A. Driveway Widths and Parking Lot Standards. The following driveway width dimensions and parking lot standards apply. The city engineer may approve minor variations (equal to or less than ten percent) in driveway width and spacing.

1. Parking. No parking is allowed within the required front and side yard setbacks.

a. If a parking lot or driveway to a parking lot is proposed to abut a residential use, the applicant must screen the lot or drive and provide adequate sight distance.

b. Required Landscaping. The following landscaping standards apply:

i. Parking areas with more than four stalls must have perimeter landscaping of at least five feet in width;

ii. Parking areas with over ten stalls must have a minimum of fifteen percent interior landscaping;

iii. Parking areas with over fifteen spaces shall provide landscaped islands at the end of each parking row, an island for every fifteen spaces, a minimum of five percent interior landscaping and perimeter landscaping of at least five feet in width.

2. Driveway Standards. Driveways shall comply with the following standards:

a. No driveway shall be less than fifty feet from intersecting rights-of-way; and

b. Commercial driveways that exceed fifteen feet in width at the lot frontage must be separated by a landscaped area of at least twelve feet in width and ten feet in depth.

B. Parking Garages and Structures. Parking within a parking garage or structure requires:

1. Aisle. The minimum aisle width is twenty-four feet;

2. Circulation. The parking structure must be designed to ensure that each required parking space is readily accessible, usable and safe for automobiles and pedestrians;

3. Location. The parking structure shall not be located on a street frontage;

4. Architecture. Architectural relief shall be integrated into all facades to soften visual impacts and to provide a visual relationship with the surrounding structures.

C. Commercial Use Parking Standards. Parking for new commercial uses shall comply with the following:

1. Surfacing. Parking areas and driveways must be hard-surfaced, maintained in good condition, and clear of obstructions at all times.

2. Parking Space Dimensions. All new commercial development shall provide parking spaces of the following minimum dimensions. The city engineer may approve minor variations in parking space dimensions.

a. Parking spaces must be nine feet wide by eighteen feet long;

b. ADA parking space width requirements vary and shall be consistent with current Building Code standards; and

c. Compact spaces with dimensions of nine feet wide by sixteen feet long may be provided. These spaces are not code spaces for the purpose of satisfying parking requirements.

3. Grading and Drainage. Parking shall be graded and constructed as follows:

a. Parking areas must be graded for proper drainage with surface water diverted to keep the parking area free of accumulated water and ice;

b. Adequate control curbs must be installed to control drainage and direct vehicle movement;

c. Parking area drainage must be detained on-site, treated (if required by NPDES), and channeled to a storm drain or gutter as approved by the city engineer;

d. Driveways may not exceed a ten percent slope;

e. Drives serving more than one single family dwelling shall provide a minimum twenty-foot transition area at no greater than a two percent slope beginning at the back of the curb, or as otherwise approved by the city engineer, in anticipation of future street improvements; and

f. The maximum stormwater discharge level accepted by the city is two-tenths of a cubic foot per second per acre.

4. Street Access and Circulation. Commercial development shall provide the following:

a. Off-Street Parking. Off-Street parking areas must have unobstructed access to a street or alley. The parking area design for five or more vehicles must not encourage cars to back onto adjoining public sidewalks, parking strips, or roadways. With the exception of permitted tandem parking, parking spaces shall be independently accessible and unobstructed.

b. Corner Lots. No landscape obstruction is allowed in excess of two feet in height above street grade within the sight distance triangle. A reasonable number of trees with lower branches pruned to six feet to permit automobile drivers and pedestrians an unobstructed view of the intersection may be allowed by administrative permit.

c. Driveway Access. For corner lots, the triangular area is defined by the intersection of the road right-of-way, the line extending from the point-of-curve at the top-back-of-curb, and a line connecting them at points twenty-five feet from their intersection.

d. Drive-Through Developments. Applicants for all drive-up or drive-through service windows or facilities must provide sufficient stacking space for vehicles waiting for service, to prevent vehicles from waiting in the right-of-way.

e. Common Driveways. To encourage the location of parking in the rear yard and/or below grade, the city allows common driveways along shared side yards to provide access to parking if the owner restricts the deeds to both properties to preserve the shared drive in perpetuity.

f. Off-Street Loading Spaces. Every structure that is to be used for any purpose which involves the receipt or distribution of materials or merchandise by vehicle must provide and maintain adequate space for standing, loading, or unloading services off-street.

i. All such loading areas or berths shall be located so that no vehicle loading or unloading merchandise or other material shall be parked in any front yard or in any street or right-of-way.

ii. Loading docks and loading areas must be screened from adjoining property and public right-of-way.

D. Calculation of Spaces. If a project incorporates two uses, the use requiring higher number of parking spaces shall govern. Whenever the calculation results in a fractional number, the number of spaces required must be rounded up to the next whole number.

E. Outdoor Lighting Standards. High-pressure sodium or metal halide light sources are the only allowed light sources for outdoor lighting. Light levels should be designed with minimum light trespass off-site by using a cut-off luminaire that is fully or partially shielded with little or no light distributed above the horizontal plane of the luminaire or other best practices that are available.

1. Maximum Light Distribution. For uniformity in lighting and prevention of shadows, a four to one uniformity ratio shall occur over the site, excluding canopy areas and main building entrances. The maximum allowed average horizontal luminance level and light source shall be as noted in the following table:


Use	Maximum Average Footcandle	Light Source
Building entrance	5 f.c.	Metal halide or high-pressure sodium
Canopies	20 f.c.	Metal halide or high-pressure sodium
Retail car lots	Front row 10 f.c. or less; 2 f.c. average over site; 50% reduction in light levels between midnight and sunrise	Metal halide or high-pressure sodium
Commercial uses	2 f.c.	Metal halide or high-pressure sodium
Historic districts	2 f.c.	High-pressure sodium
Residential	1 f.c.	150 watt high-pressure sodium on 15 ft. poles at 250 ft. spacing
T.O.D. and mixed-use	2 f.c.	Metal halide in parking areas, high-pressure sodium for all other

2. Pole Height/Design/Height. Luminaire mounting height is measured from the parking lot or driveway surface, and may range from twenty feet to thirty-five feet, based on:

a. Review of the site plan;

b. Proposed land uses;

c. Surrounding land uses;

d. Parking area size;

e. Building mass;

f. Location of the site with respect to other lighting sources;

g. Impacts on the adjacent properties;

h. Topography of site; and

i. Other site features.

3. Large Parking Areas. Poles higher than twenty feet are appropriate only for parking areas exceeding two hundred stalls and not in close proximity to residential areas.

4. Design Standard.

a. If metal fixtures or poles are used they should be black or dark brown;

b. The base of the pole shall be treated with paint, stain, stucco or another form of decorative cover. All attempts shall be made to place the base of light poles within landscape areas;

c. Wall-mounted lighting fixtures may not exceed eighteen feet in height; and

d. Lighting located along pedestrian pathways or in areas primarily dedicated to human activity may not exceed twelve feet in height.

5. Submission Requirements. An application for development with outdoor lighting must contain the following:

a. Plans indicating the location on the premises, and the type of illumination devices, fixtures, lamps, supports, reflectors, installation and electrical details;

b. Description of illuminating devices, fixtures, lamps, supports, reflectors, and other devices that may include, but is not limited to, manufacturer catalog cuts and drawings, including section where required; and

c. Photometric data, such as that furnished by manufacturers, or similar showing the angle of the cut off or light emission. A point-by-point light plan may be required to determine the adequacy of the lighting over the site.

6. Upgrading Pre-Existing Lighting. The applicant must bring pre-existing lighting into compliance with this code upon application with the business license department for a change in ownership, new business in a stand-alone structure or in a multi-tenant structure in which the new business utilizes more than fifty percent of the building square footage on the site, in conjunction with an application for a building permit for any alteration, remodel or expansion of any structure on the site, or in conjunction with changes to the approved site plan.

F. Parking Lot Use. A parking lot shall only be constructed for uses allowed within the zone in which it is located. (Ord. 7/11/2006O-10 § 1 (Exh. A and C) (part), 2006; Ord. 3/18/2003O-2 § 1 (part), 2003; Ord. 11-20-2001 § 2 (part), 2001)

17-7-5.8 Conditional use standards of review.

The city shall not issue a conditional use permit unless the community and economic development department, in the case of an administrative conditional use, or the planning commission, for all other conditional uses, concludes that the application mitigates adverse impacts and complies with the following general standards applicable to all conditional uses, as well as the specific standards for the use.

A. General Review Criteria. An applicant for a conditional use in the zone must demonstrate:

1. The application complies with all applicable provisions of this title, state and federal law;

2. The structures associated with the use are compatible with surrounding structures in terms of use, scale, mass and circulation;

3. The use is not detrimental to the public health, safety and welfare;

4. The use is consistent with the general plan, as amended;

5. Traffic conditions are not adversely affected by the proposed use including the existence of or need for dedicated turn lanes, pedestrian access, and capacity of the existing streets;

6. Sufficient utility capacity;

7. Sufficient emergency vehicle access;

8. Location and design of off-street parking as well as compliance with off-street parking standards provided for in Section 17-7-5.7;

9. Fencing, screening, and landscaping to separate the use from adjoining uses and mitigate the potential for conflict in uses;

10. Compatibility of the proposed mass, bulk, design, orientation, and location of the structures on the site, including compatibility with buildings on adjoining lots and to the street;

11. Exterior lighting that complies with the lighting standards of the zone and is designed to minimize conflict and light trespass with surrounding uses; and

12. Within and adjoining the site, impacts on the aquifer, slope retention, flood potential and appropriateness of the proposed structure to the topography of the site.

B. Specific Review Criteria for Certain Conditional Uses. In addition to the foregoing, the community and economic development department and planning commission must review each of the following criteria when considering approving or denying an application for each of the following conditional uses:

1. Conditional Use.

a. Child Care. Each application for a child care facility or center must include:

i. Proof of a state child care license;

ii. Compliance with state, federal and local law;

iii. A design which precludes a front yard playground and signage in excess of a two square foot nameplate; and

iv. A delivery, traffic and parking plan which adequately mitigates the adverse impacts of increased traffic generation on the neighborhood in which it is located.

b. Assisted Living/Senior Housing/Congregate Care. Each application for an assisted living, senior housing or congregate care use must comply with the following:

i. The maximum number of residents shall be:

(A) Eight for structures fronting on public streets smaller than collector streets; and

(B) Sixteen for structures fronting on public streets considered collector streets or larger.

ii. A complete application shall include:

(A) Proof of state license for assisted living, senior housing, congregate care, or its equivalent;

(B) A design, residential in character and architecturally compatible with the neighborhood, which adequately screens the use from neighboring lots and complies with Utah Department of Health standards;

(D) A sign plan which includes no more than two square feet of signage for facilities on public streets smaller than collector streets and monument signs not to exceed thirty-two square feet for facilities on public streets considered collector streets or larger; and

(E) A delivery, traffic and parking plan which adequately mitigates the adverse impacts of increased traffic generation on the neighborhood in which it is located. The parking plan should propose parking appropriate to the proposed use of the facility, which plan may propose parking below the standards listed in Section 17-7-5.7.

2. Administrative Conditional Use.

a. Personal Athletic Facility. Each application for a personal athletic facility shall include a screening plan, which effectively screens the use from adjacent uses.

b. Telecommunications Facility. This section applies to both commercial and private low-power radio services and facilities, such as “cellular” or “PCS” (personal communications system) communications and paging systems. Each application for a telecommunications facility shall comply with the following:

i. Wall-Mounted Antenna. Wall-mounted antennas may not extend above the wall line of the building or extend more than four feet horizontally from the face of the building.

(A) Antennas, equipment and the supporting structure shall be painted to match the color of the building or structure or the background against which they are most commonly seen. Antennas and the supporting structures on buildings shall be architecturally compatible with the building. Whip antennas are not allowed on a wall-mounted antenna structure.

(B) Antennas mounted directly on existing parapet walls, penthouses, or mechanical equipment rooms are considered a wall-mounted antenna if no portion of the antenna extends above the roofline of those building structures.

(C) Stealth wall-mounted antennas are encouraged and may be allowed to vary from the provisions of this section upon demonstrated mitigation of impact.

ii. Roof-Mounted Antenna. Roof-mounted antennas are allowed only on a flat roof and shall be screened, constructed and painted to match the structure to which they are attached. The planning commission may grant approval to place roof-mounted stealth antennas on a pitched roof if the antennas do not extend above the peak of the roof.

(A) Antennas shall be mounted at least five feet behind any parapet wall. The maximum height of an antenna mounted between five and ten feet behind a parapet wall shall be directly proportional to the setback distance, and may not exceed a height of ten feet above the top of the parapet wall. An antenna may not extend more than fifteen feet above the roofline of the building unless the adverse impacts of the additional height are fully mitigated.

(B) Roof-mounted antennas may be mounted on existing penthouses or mechanical equipment rooms if the antennas and antenna support structures are enclosed or visually screened from view. The screening structures may not extend more than eight feet above the existing roofline of the penthouse or mechanical equipment room.

(C) Antennas not mounted on a penthouse or mechanical equipment room shall be mounted at least five feet back from the exterior wall of the building. The maximum height of an antenna mounted between five and ten feet back from the exterior wall shall be directly proportional to the setback distance, and may not exceed ten feet above the roof line of the building. Similarly, a roof-mounted antenna may not extend above the roofline of a penthouse or mechanical equipment room except as allowed as a conditional use.

iii. Monopole with Antennas and Antenna Support Structure Less Than Two Feet in Width. The entire antenna structure mounted on a monopole may not exceed two feet in width.

(A) The maximum height of this antenna may not exceed ten feet in height.

(B) A monopole described in this subsection may not be located in or within five hundred feet of a residential zone district.

(D) The monopole antenna must not exceed thirty-five feet in height.

iv. Monopole With Antennas and Antenna Support Structure Greater Than Two Feet in Width.

(A) The maximum visible width of antennas and antenna mounting structures on a monopole may not exceed either eight feet in height or fifteen feet in width as viewed looking directly at the monopole at the same elevation as the antennas and antenna mounting structure.

(B) A monopole classified under this subsection may not be located in or within seven hundred fifty feet of a residential zone district.

(D) The monopole antenna must not exceed thirty-five feet in height.

v. Lattice Towers. Except as provided for below, lattice towers may not be located within seven hundred fifty feet of a residential zone district.

(A) A lattice tower may be located less than seven hundred fifty feet from a residential zone district if the planning commission finds that the tower’s height would not exceed the height of any public utility pole, wire, cable, or similar structures located in the same vicinity as the proposed tower.

(B) A lattice tower may be located less than seven hundred fifty feet from a residential zone and reach up to eighty-five-foot height if required for the bona fide public services of a public transit district as defined in U.C.A. Section 17A-2 1001 et seq. and as certified by the public transit district.

(D) The lattice tower must not exceed thirty-five feet in height.

vi. Power Lines. All power lines on the lot leading to the accessory building and antenna structure of the telecommunications facility shall be installed underground.

vii. Area Limitations. Combinations of both roof and wall-mounted antennas are allowed on a building. The total area for all wall and roof-mounted antennas and supporting structures combined shall not exceed forty square feet for each exterior wall of the building or a total of one hundred sixty square feet per building. Cellular antennas may occupy a maximum of four walls. The visible portion of the supporting structure as viewed when looking directly at the face of the building. The total area for a roof-mounted antenna shall apply to the closest exterior wall.

viii. Review Criteria. Each applicant for a telecommunications facility must demonstrate:

(A) Compatibility of the proposed structure with the height and mass of existing adjacent buildings and utility structures;

(B) Whether co-location of the antenna on other existing structures in the same vicinity such as other towers, buildings, utility poles and similar structures is possible without significantly affecting antenna transmission or reception;

(D) The location of the antenna in relation to existing vegetation, topography and buildings to optimize visual screening;

(E) Whether the spacing between monopoles creates detrimental impact upon adjacent properties;

(F) The location of the pole in relation to noteworthy structures, landmarks and pedestrian or automotive transportation view corridors;

(G) Location and zoning compliance of accessory buildings associated with the telecommunications facility.

ix. Co-Location. Co-location is both permitted and encouraged if all setbacks, design and landscape requirements are met for each telecommunications facility. The application shall include any existing or approved, but unbuilt, telecommunications facility within the telecommunications area that may meet the needs of the applicant. The documentation supplied shall evaluate the following factors:

(A) Structural capacity of the antenna towers;

(B) Geographic telecommunications area requirements;

(D) Inability or ability to locate equipment on existing antenna towers; and

(E) Any restriction or limitation of the Federal Communications Commission that would preclude the shared use of the antenna tower.

x. Classification/Installation. Low-power radio services facilities are characterized by the type or location of the antenna structure.

xi. Temporary Antenna for Use During Drive Tests. Telecommunications companies wishing to perform drive tests shall submit notice to the planning department stating the location and the date of the proposed test. Antennas in use for a drive test shall not be left standing for a period of greater than two days. Drive tests shall be limited to testing functions only and shall not be used for telecommunication services to customers. Drive tests on city property require planning department approval and execution of the city’s test-drive agreement.

c. Fences Greater Than Six Feet in Height. Each application for a fence greater than six feet in height must comply with the following:

i. The applicant must demonstrate that a fence greater than six feet in height is necessary to better promote public health, safety, welfare, and aesthetic quality in the area and the height requested is the minimum necessary to achieve this.

ii. The fence design, i.e., materials, color, features, height, must be compatible with the associated development in terms of theme, architecture and function. All barbed wire or other sharp, pointed, or electrically charged fences are prohibited.

iii. Fences shall comply with all requirements for fences less than or equal to six feet in height with regard to location and construction. (Ord. 10/6/2009O-19 § 1 (Att. A) (part), 2009; Ord. 3-19-2002A § 1(7) (part), 2002; Ord. 11-20-2001 § 2 (part), 2001)

17-7-5.9 Related provisions.

A. Title 5, Business Taxes, Licenses and Regulations;

B. Title 16, Subdivisions;

C. Chapter 17-2, Definitions;

D. Chapter 17-3, Administration and Enforcement. (Ord. 5/5/2009O-8 § 1 (Att. A) (part), 2009; Ord. 11-20-2001 § 2 (part), 2001. Formerly 17-7-5.10.)