Chapter 10.100
TOWN CENTER OVERLAY ZONE

Sections:

10.100.010    Purpose.

10.100.020    Development requirements.

10.100.030    Permitted uses.

10.100.040    Development theme.

10.100.050    Development plan.

10.100.060    Architectural Review Committee.

10.100.070    Special provisions.

10.100.010 Purpose.

This zone includes the land area as defined on the Syracuse City current zoning and general plan maps. The purpose of the town center overlay zone is to provide a method for implementing special provisions regarding the establishment and promotion of a central core area of the community characterized by stringent design standards for buildings, public spaces, site design and landscaping with a harmonious and wide range of development opportunities that introduce a mixed-use concept. While the town center zoning classification is intended to address new construction that may occur with the town center area, it is also intended to support the preservation and adaptive reuse of any existing historic structures; the preservation of existing natural features, especially trees; new development that blends in with existing conditions and enhances the traditional town center character; the advancement of architectural and site design standards that promote walkability and human scale; and the creation and maintenance of historic town center identity. [Ord. 09-09 § 1 (Exh. A); Code 1971 § 10-20-010.]

10.100.020 Development requirements.

Development requirements shall conform to the guidelines and standards as set forth in the town center master plan. [Ord. 09-09 § 1 (Exh. A); Code 1971 § 10-20-020.]

10.100.030 Permitted uses.

Uses permitted within the town center overlay zone are those uses as permitted or conditionally permitted under current zoning or the uses as outlined in City’s general plan as adopted with the exception of the following uses which are prohibited within the town center overlay zone: auto repair, auto body, auto maintenance, auto detailing, car washes, and car dealerships. These uses are limited with the intent to create a pedestrian friendly mixed-use City core, including the location and orientation of drive-through service uses. [Ord. 18-10 § 1 (Exh. A); Ord. 09-09 § 1 (Exh. A); Code 1971 § 10-20-030.]

10.100.040 Development theme.

Development in this zone shall conform to an approved development theme. The theme shall be reviewed and recommended for approval by the Architectural Review Committee. Final approval of any development theme shall be by the City Council, and shall conform to the provisions outlined in the town center master plan. [Ord. 09-09 § 1 (Exh. A); Code 1971 § 10-20-040.]

10.100.050 Development plan.

To ensure development conforms to the town center master plan, City staff shall review and approve all development plans. Drawings should include the placement of buildings and their uses, landscaping, parking, lighting, and design guidelines outlined in the area’s master plan. Before submittal to the Planning Commission for recommendation and to the City Council for final approval all plans, elevations and architectural details shall be reviewed by the Architectural Review Committee. The Architectural Review Committee shall review and recommend any plans, elevations or details prior to consideration by the Planning Commission and approval by the City Council. [Ord. 09-09 § 1 (Exh. A); Code 1971 § 10-20-040.]

10.100.060 Architectural Review Committee.

Developments within the town center overlay zone are required to be reviewed by the Architectural Review Committee in accordance with Chapter 10.28 SCC, Architectural Review Committee and Design Standards. [Ord. 13-11 § 1; Ord. 09-09 § 1 (Exh. A); Code 1971 § 10-20-050.]

10.100.070 Special provisions.

(A) All lots, parcels, or sites shall have a minimum 15 percent of the total area landscaped, including all required front yards, installed within four months of occupancy and permanently maintained in good condition.

(B) Temporary buildings shall meet the provisions of the currently adopted editions of the International Building Code and must be sufficiently anchored to withstand a 100-mile-per-hour wind.

(C) Commercial uses that require grease traps/interceptors shall locate such devices on the outside of the restaurant or food service building and frequently and effectively service such devices to maintain them in satisfactory working order to protect the sanitary sewer system from contaminants. A licensed hauler shall dispose of all materials removed from a grease trap/interceptor at an approved disposal site in a lawful manner.

Restaurant, food service businesses, or commercial uses of used fryer oil shall dispose of such oil into a self-contained oil-rendering tank for disposal and transport. Outside or “refuse/dumpster” storage of oil-rendering barrels or other containers is prohibited.

(D) In order to minimize the possibility of commercial properties becoming blighted, retail establishments of 40,000 square feet or greater shall enter into a facility use agreement with the City prior to the issuance of a building permit. Additionally, the owner shall submit a facility maintenance plan as required in this chapter 30 days prior to the owner vacating the building.

(1) The terms “vacant” or “vacate” as used herein shall mean that no business activity is undertaken from the retail establishment for a period of 180 consecutive days.

(2) The facility use agreement shall outline the responsibility of the owner to remove the building, should it become vacant for more than three and one-half consecutive years, and shall provide legal remedies to enforce the terms of the agreement. In the event a building is vacant for more than three and one-half consecutive years, the owner shall remove the building and restore the property to a safe and compatible condition. The facility use agreement shall be in substantially the following form, which form is hereby adopted as part of this title.

Facility Use Agreement

AN AGREEMENT BY AND BETWEEN ___________________, A ______________________ HEREINAFTER REFERRED TO AS OWNER, AND SYRACUSE CITY, A MUNICIPAL CORPORATION HEREINAFTER REFERRED TO AS CITY.

Recitals

(1) The Owner desires to construct a commercial facility, at approximately ___________________, in Syracuse City to conduct a business known as __________________.

(2) The City has adopted ordinances to govern the development of commercial property within Syracuse City designed to protect the health, safety, and welfare of the community.

(3) The City has valid concern that blighted conditions might occur should said facility or structure become vacant for an extended period of time.

(4) The Owner and City are desirous to minimize impact to the community should the building become vacant.

Agreement

NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and conditions set forth herein, and other good and valuable consideration, the Owner and City agree as follows:

(1) Owner will provide the City a written facility management plan 30 days prior to vacating the building which outlines plans to maintain the property according to City Ordinance. Failure to do so will constitute a breach of this Agreement and entitle the City to injunctive relief to enforce the provisions hereof.

(2) Should the building remain vacant for 42 consecutive months, the City shall provide written notice to the Owner, at the address as it appears on this Agreement, ordering Owner to remove the building and restore the property to a condition that does not distract from surrounding businesses.

(3) Should the Owner fail to comply with the City’s request to remove the building within 30 days from the mailing date of said notice to the Owner, the City may file suit for specific performance to enforce the terms of this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed this _________ day of ________, 20__.

(Signed, witnessed, and/or attested)

(3) In the event, for any reason, the retail establishment chooses to vacate the premises for a period of six months or greater, the owner shall submit a facility maintenance plan to the City 30 days prior to vacating. The maintenance plan shall include:

(a) The estimated time the facility will be vacant.

(b) Detailed plans to maintain the property during the time it will be vacant.

(c) Method of securing all entrances to the facility.

(d) Plans to restrict access to off-street parking.

(e) Plans to remove all advertisement and business signage.

(f) Plans to market the property.

(E) Existing residential and accessory structures may remain in this zone for commercial purposes if the property meets all the following conditions:

(1) The proposed use for the structure conforms with the permitted use for this zone.

(2) The lot size has a minimum of 21,780 square feet.

(3) The parcel has a minimum frontage as required by zoning on an existing public street.

(4) Setbacks comply with the established minimum requirements for this zone and receive approval with site plan.

(5) The lot has an existing driveway access from a public street and receives approval with site plan for any proposed modifications to said driveway (the Utah Department of Transportation shall also approve any access located on a state road).

(6) All off-street parking complies with the requirements in Chapter 10.40 SCC and receives approval with site plan.

(7) All signs and lighting complies with the requirements in Chapter 10.45 SCC and receives approval with site plan.

(8) All landscape and buffering complies with the established requirements in Chapter 10.30 SCC and receives approval with the site plan.

(9) The Building and Fire Departments inspect and approve all plans and uses. [Ord. 09-09 § 1 (Exh. A); Code 1971 § 10-20-060.]