The following minimum development standards shall apply in the HV Zone. Application of the design guidelines set forth in section 13.71.090 of this chapter may require a higher standard to be met.
A. Lot, Yard And Other Development Standards: Except as otherwise required by a provision of this section or section 13.71.090 of this chapter, the development standards shown on chart 13.71.1 of this section shall apply in the HV Zone.
Development Standard | Amount |
Development Standard | Amount |
Lot area, minimum | 5,000 square feet |
Lot width, minimum | 50 feet at 25 feet back from right-of-way |
Lot frontage, minimum | 50 feet |
Build-to line | Buildings should abut the right-of-way line, where possible, except for proper architectural movement, plazas, sitting areas, art displays, or other justification as recommended by the DRB and approved by the Planning Commission |
Maximum dwellings per acre | 24 |
Right-of-way encroachments | Exception: Ornamental architectural features such as arcades, canopies, awnings, balconies, cornices, etc., and subsurface intrusions such as footings and foundations may be allowed to protrude into the right-of-way provided they do not interfere with the normal use of the right-of-way, after review and approval of the Planning Commission and subject to a license agreement approved by the City Manager |
Front setback, nonconforming | Expansion and remodeling permitted so long as nonconforming setback is not expanded |
Maximum allowable impervious surface coverage | 100 percent, except for buffering landscaping requirements for properties abutting non-HV residential uses, preservation of protected trees, storm drain detention areas, etc. |
Building width, maximum | No requirement |
Building height, maximum1, including screened mechanical equipment but excluding: 1) chimneys of 6 feet or less; 2) architecturally compatible elevator shafts 14 feet or less (2,500 lb maximum elevator capacity rating); 3) gables 4 feet or less | See figure 13.71.3 of this subsection |
Land use for floor space abutting major streets and plaza within the Holladay Village Zone | The street level floor space fronting and abutting major streets, 2300 East, Holladay Boulevard, Murray Holladay Road and Laney Avenue between 2300 East and Holladay Boulevard and floor space abutting Holladay Village Plaza, as shown on figure 13.71.4 of this subsection shall be retail uses2 only Exception: Small street level lobby areas that lead to upper story uses |
Notes:
1. To reasonably accommodate for grade and slope changes and as measured from the top back of curb of the nearest street, maximum building height for multi-story buildings may be averaged using 10 equal measurements over the length of the roofline facing the street but at no point may exceed 4 feet above maximum.
2. For the purposes of this chapter the term “retail use” shall include all allowed uses categorized under the general heading of “retail” in chapter 13.100, “Appendix A - Allowed Uses”, of this title as well as uses categorized as “personal service” and “pet grooming/pet daycare”.
Street | ROW Width (Feet) |
Street | ROW Width (Feet) |
2345 East | 47 (may be reduced for existing structures) |
2345 South from Kentucky to Arbor/Holladay Boulevard intersection | 54 |
Arbor Lane | 54 |
2225 East Street | 66 |
Murray Holladay Road east from Holladay Boulevard intersection | 77 |
Phylden Drive | 77 |
2270 East | 77 |
4720 South | 77 |
2300 East from Holladay Boulevard intersection north to 4500 South | 80 |
Holladay Boulevard north from Laney Avenue intersection to 4500 South | 80 |
Murray Holladay Road west to 2225 East (45 feet on north side) | 85 |
New connector from 2300 East to Laney Avenue | 92 |
Holladay Boulevard from 2300 East intersection south to Murray Holladay Road | 102 |
B. Parking Requirements: Parking in the HV Zone shall be governed by the provisions of chapter 13.80 of this title except as otherwise provided in this chapter.
C. Landscaping: Landscaping is required as a buffer to areas where the HV Zone property abuts a residential zone or property. All installed landscaping in the HV Zone shall comply with the applicable planting and maintenance provisions governing landscaping and buffering in chapter 13.77 of this title.
D. Outside Display: Unless expressly allowed in a preexisting conditional use permit, all goods, including food, beverage, and vending machines, shall be within a completely enclosed structure. New construction of enclosures for the storage of goods shall incorporate into the design; windows and/or other fenestrations This section does not preclude temporary sales in conjunction with a special event license, sidewalk sale, or seasonal produce or plant sale.
1. Areas designated as required vehicular parking may not be used as outdoor display areas.
2. If merchandise is displayed on any sidewalk, a minimum of sixty inches (60") of the sidewalk shall remain open and unobstructed to facilitate safe pedestrian circulation.
3. Plans for new developments shall clearly designate any areas for outdoor display of merchandise. Outdoor display of merchandise shall only occur in areas designated for such display on the approved plan.
4. Vending machines shall be screened from view from the street.
E. Outdoor Uses: The following outdoor uses are encouraged and may be approved by the Community and Economic Development Director by special permit as either an ongoing or one-time, periodic event:
1. Outdoor Dining. Outdoor dining is subject to the following criteria:
a. The proposed seating area is located on private property or public property and does not diminish parking or landscaping.
b. The proposed seating area does not impede pedestrian circulation.
c. The proposed seating area does not impede emergency access or circulation.
d. No music or noise in excess of that allowed by applicable noise ordinance.
e. Open trellises, decking, or other structures shall enhance the outdoor seating area as compatible in design, architecture, and finishes of the associated building.
2. Outdoor Events and Music excluding government sponsored events.
a. Outdoor events and music require a business license and the applicant shall submit a site plan and written description of the event, addressing the following:
(1) Compliance with applicable noise ordinances.
(2) Impacts on adjacent residential uses.
(3) Proposed plans for music, lighting, structures, electrical signs, etc.
(4) Parking demands and impacts on neighboring properties.
(5) Duration and hours of operation.
(6) Impacts on emergency access and circulation.
b. The applicant shall submit the required application, pay all applicable fees, and provide all required material and plans.
F. Mechanical Service: Mechanical equipment such as heating and air conditioning units, TV antennas, and satellite dishes shall be hidden or screened so as to minimize visual impacts. All noise emitting equipment shall be placed so as to minimize noise impacts on nearby properties.
1. Lattice, open brick enclosures, or vegetation may be used to conceal mechanical equipment. Screening material shall be properly maintained. If vegetation is used for screening, the mature size of the vegetation should be considered so that equipment air flow will not be compromised.
2. All mechanical equipment shall be shown on the preliminary site plans prepared for architectural review. The Planning Commission may recommend the location, screening, and painting of such equipment as part of the project plan review process.
3. Screening materials shall be designed to be compatible or complementary with the building.
G. Access, Service And Delivery:
1. All access to commercial businesses and facilities shall be located within areas zoned for commercial use. (Ord. 2012-15, 9-20-2012)
2. Service yards, loading docks, truck parking areas and other similar areas shall be screened from view by a combination of walls, fences, and dense planting. Screening shall block the view of such areas from public areas of the site, adjacent properties, and public rights of way.
3. Drive-through windows with corresponding driveways, curb cuts, etc., are prohibited.
H. Trash Facilities:
1. Each structure shall provide a means of storing refuse generated by the structure’s occupants.
2. Garbage, recycling collection and utility areas must be enclosed and screened around their perimeter by at least a seven foot (7') high wall or fence, concealed on the top and must have self-closing doors.
3. Wet trash and nonsolid waste shall be collected and disposed of in a manner that does not allow leakage of liquid from a trash container, including the use of grease traps and other facilities to collect liquid waste. Nonsolid and liquid waste shall not be hauled across a public right of way unless enclosed within a leakproof container.
I. Site Lighting: It is the intent of this subsection to encourage lighting practices and systems that will minimize light pollution, glare and light trespass, conserve energy and resources, and maintain nighttime safety and utility while ensuring the enjoyment of a starry night for all members of the community.
Except as provided herein, or unless otherwise explicitly approved by the Planning Commission the light source shall be a full cutoff fixture, completely concealed within an opaque housing. All exterior lighting fixtures designed or placed so as to illuminate any portion of a site shall meet standards generally accepted as Dark Sky compliant. Specifically, lighting sources and fixtures shall meet the following requirements:
1. Fixture (Luminaire): Where the design for an area may suggest the use of lighting fixtures of a particular “period” or architectural style, fixtures other than full cutoff fixtures may be used if the lumens generated by each fixture do not exceed five thousand five hundred (5,500) and if the mounting heights of such fixtures do not exceed fifteen feet (15'). Fixtures used under gasoline canopies and other structural canopies shall be flat lens, recessed lens, or drop lens with glare shields. Use of drop lens without glare shields is prohibited.
2. Light Source (Lamp): Only LED, incandescent, fluorescent, metal halide, or color corrected high pressure sodium may be used. LED is the preferred light source. The same type shall be used for the same or similar types of lighting on any one site. No colors other than white or off white (light yellow tones in the kelvin scale of 5,000k or lower, i.e. warmer) may be used for any light source for the lighting of signs, structures or the overall site unless the DRB deems such lighting to be appropriate to the design theme of the proposed development. Noncolor corrected low pressure sodium and mercury vapor light sources are prohibited.
3. Mounting: Fixtures shall be mounted in such a manner that the cone of light does not cross any property line of the site. Poles shall be black, dark gray, dark brown, dark green, or earth tone. The height of the pole mounted light shall not exceed twenty-five feet (25') above grade. Any fixtures located within any required buffer shall not exceed twelve feet (12') above grade. Wall mounted fixtures intended to illuminate walkways or paths shall not exceed thirteen feet (13') above the pedestrian pathway. For purposes of these regulations, the mounting height of a lighting fixture shall be defined as the vertical distance from the grade elevation of the surface being illuminated to the bottom of the lighting fixture (i.e., luminaire).
4. Submittal Requirements: Project plan submittals shall be prepared by a lighting professional and include a site lighting plan at a scale of one inch to twenty feet (1" - 20') or other scale acceptable to the city which shows:
a. All proposed exterior lighting in relation to existing and proposed buildings, trees, landscaping, parking areas;
b. Specifications for all proposed lighting fixtures including fixture design, type of lamp, wattage, designation as “cutoff fixtures, lumens or light contour study and other descriptive information on the fixtures; and
c. Proposed mounting height and placement of all exterior lighting fixtures.
5. Timers And Dimmers: Lighting installations shall include timers, dimmers and/or sensors to reduce overall energy consumption and eliminate unneeded lighting.
6. Holiday Lighting: Holiday lighting during the months of October, November, December, and January shall be exempt from the provisions of this section, provided that such holiday lighting does not create dangerous glare on adjacent streets or properties.
7. Light Trespass: In addition to the general provisions of this subsection, all site lighting shall be shielded and/or directed in such a manner that it illuminates only the user’s premises and does not spill over into neighboring residential areas so as to interfere with the peaceful enjoyment of residential or public properties.
8. Architectural Feature Lighting: Architectural feature lighting including wall washer spotlights are permitted.
9. Nonconforming Fixtures: Except where otherwise noted, all outdoor lighting fixtures existing and legally installed and operative before the effective date of this code are exempt from the requirements of this subsection. Whenever a nonconforming fixture is replaced, upgraded or moved, the replacement fixture shall meet the requirements of this code.
J. Utility Lines: All new utility lines such as electric, telephone, CATV, or other similar lines serving individual sites shall be placed underground. Where feasible, utility lines necessary within the property shall be placed underground. All utility lines shall be placed underground in new construction projects that require building permits and site redesign. All junction and access boxes shall be located to the side or the rear of the building unless public safety concerns dictate otherwise. All utility pads shall be shown on the project plan. Any utility connections, meter boxes, etc., shall be integrated with the architectural elements of the project plan.
K. Buffer Standards For Proposed Development Abutting Residential Property Not In The HV Zone:
1. The minimum building setback for any building is twenty feet (20') from any point on an abutting non-HV Zone property line.
2. Building height shall not exceed the “graduated height envelope” as defined in subsection K.2.a of this section.
a. The “graduated height envelope” is defined by projecting a vertical plane from the property line to a height of six feet (6') and then slanting upward and toward the interior of the HV Zone property at a forty-five-degree (45°) angle. Refer to figure 13.71.5 of this section for graphic representation of the graduated height envelope.
b. The graduated height envelope applies to properties within the HV Zone that abut residentially zoned properties not in the HV Zone.
c. Some architectural elements may be exempt as defined in section 13.76.190 of this title.
3 . Maximum building height shall not exceed the limits shown on figure 13.71.3 of this section.
4. A six foot (6') high screening wall or fence may be constructed along the property line which is the boundary between the HV Zone and an abutting residential zone. Such fence or wall shall include design and other decorative elements consistent with the design of the new building. This requirement may be waived or modified by the Planning Commission if it can be demonstrated that existing walls or fences provide the desired buffering and aesthetic effect or can be altered to do so.
5. A landscaping buffer strip (not in addition to the minimum building setback) of five feet (5') as per chapter 13.77 of this title, shall be provided parallel to the fence or wall to allow for the planting of appropriate trees, or other vegetation anticipated to provide either shade, screening and/or beauty at the common property line.
6. A primary or accessory building or structure shall not have a single, unbroken facade longer than fifty feet (50').
7. No trash receptacle or storage area shall be located closer than fifty feet (50') from a residence on an abutting property not in the HV Zone unless located within a fully enclosed building.
8. Site lighting shall be designed to direct lighting away from residential property. The use of energy efficient, color and intensity-controlled LED lighting shall be as per subsection I of this section is.
9. An outdoor dining facility shall be constructed in a manner which visually obscures the facility from abutting residential property and which protects the property from noise and light emanating from the facility.
10. Mechanical equipment, including penthouses and elevator shafts, shall be screened and soundproofed so that its presence or operation does not violate the noise ordinance or create a nuisance for the occupants of any abutting residence.
L. Signs: Signs in the HV Zone shall be governed by the provisions of section 13.82.200 of this title except as otherwise provided in this chapter. (Ord. 2012-15, 9-20-2012; amd. Ord. 2014-15, 8-21-2014; 2015-02, 2-5-2015; 2016-31, 12-1-2016; 2020-02, 2-6-2020; Ord. 2021-05, 3-4-2021)