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Ogden City Overview
Ogden City, UT Code of Ordinances
CITY CODE of OGDEN CITY, UTAH
ORDINANCES PENDING REVIEW FOR CODIFICATION
ADOPTING ORDINANCE
TITLE 1 GENERAL PROVISIONS
TITLE 2 GOVERNMENT ORGANIZATION, OFFICERS AND EMPLOYEES
TITLE 3 BOARDS, COMMISSIONS, COMMITTEES AND AGENCIES
TITLE 4 REVENUE, FINANCE AND GENERAL ADMINISTRATION
TITLE 5 BUSINESS TAXES, LICENSES AND REGULATIONS
TITLE 6 PARKS, RECREATION AND PUBLIC PROPERTY
TITLE 7 PUBLIC WAYS AND FACILITIES
TITLE 8 AIRPORT
TITLE 9 WATER AND SEWER
TITLE 10 MOTOR VEHICLES AND TRAFFIC
TITLE 11 POLICE REGULATIONS
TITLE 12 HEALTH AND SAFETY
TITLE 13 ANIMALS
TITLE 14 SUBDIVISION REGULATIONS
TITLE 15 ZONING REGULATIONS
CHAPTER 1 GENERAL PROVISIONS
CHAPTER 2 DEFINITIONS
CHAPTER 3 ZONES AND DISTRICTS
CHAPTER 4 DEVELOPMENT PLAN REVIEW PROCESS
CHAPTER 5 APPEALS, VARIANCES AND SPECIAL EXCEPTIONS
CHAPTER 6 NONCONFORMING REGULATIONS1
CHAPTER 7 CONDITIONAL USES1
CHAPTER 8 PLANNED RESIDENTIAL UNIT DEVELOPMENT (PRUD)
CHAPTER 9 CLUSTER SUBDIVISIONS; SPECIAL REGULATIONS
CHAPTER 10 GROUP DWELLINGS1
CHAPTER 11 RESIDENTIAL INFILL DEVELOPMENTS
CHAPTER 12 PARKING AND LOADING SPACE, TRAFFIC AND ACCESS REGULATIONS
CHAPTER 13 REGULATIONS APPLICABLE TO ALL ZONES
CHAPTER 14 OPEN SPACE ZONE O-1
CHAPTER 15 SINGLE-FAMILY RESIDENTIAL ZONES R-1-5, R-1-6, R-1-8, R-1-10
CHAPTER 16 TWO-FAMILY RESIDENTIAL ZONE R-2
CHAPTER 17 MULTIPLE-FAMILY RESIDENTIAL ZONE R-3
CHAPTER 18 MULTIPLE-FAMILY RESIDENTIAL ZONE R-4
CHAPTER 19 MULTIPLE-FAMILY RESIDENTIAL ZONE R-5
CHAPTER 20 RESIDENTIAL MANUFACTURED HOME PARK ZONE Rmh-1
CHAPTER 21 MANUFACTURING ZONES - DISTRICT CHARACTERISTICS, USE REGULATIONS
CHAPTER 22 MANUFACTURING ZONES - SITE DEVELOPMENT STANDARDS
CHAPTER 23 MANUFACTURING ZONES - SPECIAL REGULATIONS
CHAPTER 24 AIRPORT ZONE DISTRICTS AND USES
CHAPTER 25 12TH STREET CORRIDOR OVERLAY ZONE 12TH CO
CHAPTER 26 FLOODPLAIN OVERLAY ZONE FP
CHAPTER 27 SENSITIVE AREA OVERLAY ZONE SA
CHAPTER 28 WATER-WISE LANDSCAPING
CHAPTER 29 CONDITIONAL OVERLAY ZONE CO
CHAPTER 30 PLANNED COMMERCIAL RECREATION ZONE PCR
CHAPTER 31 TWO-FAMILY RESIDENTIAL ZONE R-2A
CHAPTER 32 DOWNTOWN RESIDENTIAL MULTIPLE-FAMILY ZONES R-MFV AND R-MFH
CHAPTER 33 PROFESSIONAL/INSTITUTIONAL ZONE PI
CHAPTER 34 DOWNTOWN COMMERCIAL ZONES C-MU, C-ENT, H25 And C-9
CHAPTER 35 TWO-FAMILY RESIDENTIAL ZONE - EAST CENTRAL R-2EC
CHAPTER 36 MULTIPLE-FAMILY RESIDENTIAL ZONE - EAST CENTRAL R-3EC
CHAPTER 37 THE NINE RAILS CREATIVE DISTRICT RESIDENTIAL ZONE
CHAPTER 38 COMMERCIAL ZONES C-1/CP-1, C-2/CP-2, C-3/CP-3
CHAPTER 39 MIXED USE ZONE MU
CHAPTER 40 COMMERCIAL RECREATION ZONE CRC-1
CHAPTER 41 NEIGHBORHOOD COMMERCIAL ZONES NC-1, NC-2
CHAPTER 42 TRANSIT OVERLAY ZONE
CHAPTER 43 TWO-FAMILY AND SMALL LOT RESIDENTIAL ZONE R-2S
TITLE 16 BUILDING AND CONSTRUCTION REGULATIONS
TITLE 17 LANDMARKS
TITLE 18 OUTDOOR SIGNS
Ogden City, UT Employee Manual
Ogden City, UT Administrative Manual
Ogden Redevelopment Agency Policies and Procedures Manual
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15-8-4: DENSITY DETERMINATION:
   A.   Developable Acreage: Density in a PRUD shall be determined by using the developable acreage of the entire proposed development. Developable acreage is land under thirty percent (30%) slopes which is capable of being improved with landscaping, recreational facilities, buildings or parking. Land devoted to street usage (the right of way for public streets and the area from back of curb to back of curb for private streets) shall not be considered developable acreage and must be subtracted out of the total acreage used to determine density.
   B.   Baseline Density: The maximum number of residential units allowed per developable acre in a PRUD which meet only the minimum development requirements per developable acre shall be calculated using the following chart. This shall be referred to as the baseline density:
Zone
Square Footage
Baseline Density
Units/Acre
Zone
Square Footage
Baseline Density
Units/Acre
R-1-10
1 unit per 15,000 square feet
2.9
R-1-8
1 unit per 12,000 square feet
3.6
R-1-6
1 unit per 9,000 square feet
4.8
R-2
1 unit per 8,000 square feet
5.4
R-2A
1 unit per 7,000 square feet
6.2
R-2EC
1 unit per 7,000 square feet
6.2
R-3
1 unit per 6,000 square feet
7.3
R-3EC
1 unit per 5,000 square feet
8.7
R-4
1 unit per 6,000 square feet
7.3
R-9
1 unit per 1,500 square feet
29.0
 
(Ord. 93-30, 7-27-1993; amd. Ord. 2000-70, 1-16-2001, eff. 1-18-2001; Ord. 2022-55, 11-15-2022)
15-8-5: MINIMUM DEVELOPMENT REQUIREMENTS:
All proposed PRUD developments shall comply with all minimum development requirements as provided in this section:
   A.   General Regulations:
      1.   A minimum of five (5) acres of land in an R-1 or R-2 zone, eight (8) acres in the R-3 zone and ten (10) acres in the R-4 zone is required for a proposal to be developed as a PRUD.
 
      2.   The minimum setback for all buildings (excluding fences) and parking in the periphery of the development shall be the front setback of the zone at those locations where development abuts a street and thirty foot (30') setback at those locations where development abuts other parcels of land. Notwithstanding the above provision, if the development has subdivided single-family lots which abut other parcels of land, the specific zone regulations shall apply for rear yard setbacks and accessory uses of the subdivided lots. The required setback area shall be landscaped.
      3.   Minimum distance between main buildings in the development shall be ten feet (10') for single-story buildings, fifteen feet (15') for two-story buildings, and twenty feet (20') for three (3) or more stories.
      4.   If fencing is proposed adjacent to a public or private street, the maximum fence height shall be four feet (4') for fences located in the required front yard and side yard setback facing a street as determined in the underlying zone. The width of the setbacks shall be according to the required setback of the zone in which the development is proposed. Fence heights located outside of these setbacks shall be limited to a maximum height of seven feet (7'). The planning commission may vary the height or location if it determines the proposed fence design, materials and location will not create a safety hazard due to obstructed vision of approaching vehicles or pedestrians and will:
         a.   Not isolate the surrounding neighborhoods;
         b.   Be consistent with the theme of the development; and
         c.   Be compatible with the neighborhood.
If fencing isolates property between the fence and the public street, the development shall provide means to ensure continued maintenance of this area.
 
      5.   The development shall provide two (2) parking stalls, or for properties within six hundred sixty feet (660') (1 block) of a downtown commercial zone or mass transit stops/stations, then one and one-half (1.5) parking stalls for each unit. All parking and access shall be hard surfaced. Required parking for the unit shall be located within a one hundred foot (100') radius measured from any entrance to the dwelling unit. Units which have an attached garage shall have the garage set back a minimum of eighteen feet (18') from the road, street or from the walkway if a walkway is designed along the road or street. Units with an attached garage shall also have the garage recessed a minimum of five feet (5') from the front of the building.
 
      6.   Developments shall be designed to preserve and incorporate the natural features of the land into the development. Natural features include drainage swales, rock outcroppings, streams, and concentrated native stands of large shrubs or trees.
      7.   If a group RV parking area is provided for the development, it shall be at a minimum of one RV space per five (5) dwelling units. The RV parking area shall not be located in the periphery of the development and shall be completely screened.
      8.   All utilities shall be placed underground where possible.
 
   B.   Compatibility:
      1.   The number of units per building within the periphery of the project shall be the same as seventy five percent (75%) of the surrounding neighborhood within three hundred feet (300') of the project boundary line; provided however, that where an adjacent residentially zoned property is vacant or occupied by schools or churches, then only single-family units are allowed along that side. The corner of the periphery development shall be developed with the least intense number of units when sides of the periphery development are different. The limitation on units per building does not apply if adjacent to a commercial, manufacturing, open space zone or property used for parks or cemeteries.
 
      2.   The front of the units developed on the periphery of the project shall front onto the public streets. When units abut two (2) parallel streets, the fronts of the units shall face the public street bordering the PRUD. Units which are on corners may front either street. The planning commission may waive this provision due to unusual topographic features or unusual conditions, provided such waiver does not negatively impact the continuity of the existing streetscape.
      3.   The height of the buildings within the periphery shall not exceed the average height of the existing residential structures adjacent to each side of the development. When the periphery is next to vacant residentially zoned land, the maximum height shall be limited to thirty five feet (35'). The maximum height allowed beyond the internal edge of the periphery shall be limited to the height allowed in the periphery plus one additional foot in height for every ten feet (10') from the internal edge of the periphery.
 
      4.   The type of exterior building material and ratio of surface coverage for the proposed facade for other than single-family dwelling units shall be similar in material and ratio of coverage to fifty one percent (51%) of the existing residential structures adjacent to the development (e.g., the majority of the existing buildings have the lower 1/3 of the facade in brick on the front and the rest is siding, the new development shall have as a minimum 1/3 of the front in brick and the rest in siding). This provision shall not limit the use of brick in place of other material.
      5.   If a building has an attached garage and the garage doors are located along the front of the building facing a public or private street, the garage doors shall not occupy more than forty percent (40%) of the ground level building frontage facing the street. The portion of the building facing the street shall have ten percent (10%) of the wall surface area on the main level in glazing.
 
   C.   Design Theme:
      1.   Entrance designs to the development are required. The minimum entrance design to the development shall consist of a monument sign naming the development, surrounded by a variety of ground cover, shrubs, and trees.
      2.   All dumpsters shall be stored in screened enclosures which are architecturally compatible in style and materials with the architecture of the development. Dumpsters shall be located so they are not visible from the main circulation routes and do not restrict vehicular movement or parking. Enclosures shall not be located within the periphery of the project.
      3.   Attached dwelling units shall have visual relief in facade and roofline which adds variety and rhythm to the design and avoids monotonous straight lines.
 
   D.   Open Space:
      1.   A minimum of forty percent (40%) of the entire site shall be in open green space. Each phase of development shall provide its proportionate required open green space needed for that phase.
      2.   Developed common activity area for single-family and attached dwelling units shall be provided as follows:
         a.   Developments with attached dwelling units shall provide developed common activity area at a ratio of one square foot of developed common activity area per one square foot of floor area of living space. Each phase of development shall provide its proportionate required open green space needed for that phase. At a minimum, developed common activity area shall include either a playground with play equipment installed over a non-plant cushioned surface or pathways with benches and tables through a natural or water-wise planted landscaped area.
         b.   Subdivided, single-family lots shall provide developed common activity area at a ratio of one thousand (1,000) square feet per lot. Each phase of development shall provide its proportionate required open green space needed for that phase. At a minimum, developed common activity area shall include either a playground with play equipment installed over a non-plant cushioned surface or pathways with benches and tables through a natural or water-wise planted landscaped area.
      3.   Developments shall be designed to incorporate existing large trees, clusters of trees or clusters of large shrubs. The planning commission shall review the appropriateness of removal of portions of these types of vegetation if proposed in the development plan. The planning commission may approve removal of some or all vegetation based on a determination of the benefits of the existing plant material and the efforts made to save and incorporate the existing plant material into the design of the project versus the problems the plant materials may create for the project in terms of general construction techniques, impact removal will have to the character of the area, the topography of the site, and harmful conditions the vegetation may create.
As one of the purposes of a PRUD is to protect natural features, the planning commission may deny approval of a PRUD if it is determined there has been removal of trees or shrubs prior to submittal.
      4.   A minimum of one (1) 2-inch caliper deciduous trees shall be required to be planted for each unit in the development and one 4-foot tall evergreen tree for every three (3) units in the development. The placement and types of deciduous trees shall take into consideration use of the trees for summer cooling and winter solar access. Evergreen trees should be used as wind breaks, screening, and accent plantings.
      5.   The use of turf grass is limited to areas of high foot traffic and recreational areas and shall not exceed twenty percent (20%) of the total landscaped area. For development over 100 units additional turf grass may be permitted if limited to outdoor recreation areas in the development. Turf grass shall not be used as a landscaping material in the public right of way. Landscaping in the public right of way shall be in accordance with the options defined in subsection 15-13-16.A of this title.
      6.   All required landscaping areas in front yard setbacks, side yard setbacks, and side yard setbacks facing a street, as well as landscaped areas between buildings and parking, buildings and street or access lanes, and spaces less than fifteen (15) feet between buildings, shall be landscaped only in water-wise landscape plantings. Plant selections shall be plants that are listed as water-wise by various regional resources as acceptable plantings for northern Utah climate and irrigated by an acceptable drip irrigation system that meets the requirements found in chapter 15-28 of this title.
      7.   Water-wise planting shall be completed in such a manner that a minimum fifty percent (50%) of the ground surface area shall be covered by the plants at mature growth. The coverage does not include the area covered by any deciduous tree canopy above the ground but does include evergreen tree coverage.
      8.   Mulch shall be used to cover the ground under and around plants and in areas without plants at a depth of four inches (4") for wood bark or chips and at a depth of twice the size of any gravel or small stone mulch but in no case less than three inches (3") thick.
   E.   Street Design: PRUDs shall be designed to meet the circulation requirements of the transportation element of the general plan, the design needs of the surrounding area, and the project. Projects which are located on or next to a collector or arterial street shall be designed and developed so the public street continues through the project in a logical, safe design. Projects which are located at the end of stubbed local public streets may be required to extend the street through the development based on the proposed circulation needs of the area as determined by the planning commission. The planning commission, upon recommendation of the engineering division, shall determine if the street should be extended as a through street or as a cul-de-sac during the concept or preliminary approval.
Local streets which are internal to the development and do not provide access through the project may be designed as either public or private streets, provided they meet the following criteria:
      1.   Public Street Requirements:
         a.   Right Of Way Width: Public streets shall meet the appropriate right of way widths as required in the subdivision ordinance or the general plan, based on the function of the road for either a local, collector, or arterial road.
         b.   Neighborhood Local Streets: Projects may develop neighborhood local streets with a fifty foot (50') right of way (37 foot width from back of curb to back of curb) as part of a PRUD, provided the street meets one of the following criteria:
            (1)   The road is a cul-de-sac which does not exceed three hundred fifty feet (350') in length;
            (2)   The roadway is internal to the development, intersects at each end with a roadway which has a right of way of sixty feet (60') or larger, does not provide for access through the development, and is less than seven hundred feet (700') in length or is intersected by a standard width right of way.
 
         c.   Unusual Cross Sections: In cases where unusual topography or other exceptional conditions exist which would make the installation of required public street cross sections impractical to develop, variations from the standards may be considered. The planning commission shall consider the reasons for the request, the impact to the existing land, the development and the ability of the city to deliver services with the unusual cross section before any variation from the standard is approved.
         d.   Public Sidewalk: The sidewalks generally required to be installed in the public right of way may be varied in location. If the sidewalk is placed immediately next to the curb with no parkway in between, the sidewalk shall be six feet (6') wide. The applicant may request that a public sidewalk be located independent of the public street right of way due to topography or other design considerations, provided the design has reasonable access from one end of the development to the other, allows the public to pass through the neighborhood in a logical manner and is within the common area of the development. A public easement for such a walkway shall be required. Because such sidewalk is established independent of the street right of way, the sidewalk shall be maintained by a homeowners' association.
      2.   Private Street Requirements:
         a.   Street Design: Private street designs shall provide for the location of sidewalk, curb and gutter, parallel curbside parking on both sides of the street, and a two-way travel surface similar to a public street; however, flexibility in the location of these elements is allowed, provided the intent of each element is maintained. The minimum size for each street element is:
            (1)   Two-way travel lanes, twenty four foot (24') width of pavement.
            (2)   One-way travel lane, twenty foot (20') width of pavement.
            (3)   Curb and gutter, two and one-half foot (21/2') width on each side.
            (4)   Sidewalk, four feet (4') wide on each side of the street.
            (5)   Curbside parking, six and one-half feet (61/2') on each side of the road.
A private street shall include curb and gutter on both sides of the road. If curbside parking is not provided for on the street, "no parking" shall be posted along the street and the parking shall be provided elsewhere in the project at a requirement of one stall per twenty two (22) linear feet of curb length. This parking shall be located within reasonable distance to areas the curbside parking would have served and is additional to the required parking for the dwelling units. No angled parking shall be permitted along those streets which are used for through access in the development.
         b.   Private Sidewalk: The required sidewalks may be varied in location. The sidewalk may be located independent of the street, provided the design provides reasonable access for the development.
         c.   Maintenance And Cost: Homeowners' associations are responsible for maintenance, repair and replacement of private streets and sidewalks. To ensure adequate funds are set aside for the maintenance of private roads and sidewalks, the developer shall provide a cost analysis of the life expectancy of the entire private road and sidewalk system. The cost analysis shall include maintenance schedule and projected cost for sealing, resurfacing, and replacement of the road and the repair and replacement of sidewalks and an estimate of the annual homeowner fee to cover these projected costs.
(Ord. 2015-23, 5-26-2015; amd. Ord. 2022-34, 7-5-2022; Ord. 2023-16, 4-11-2023)
15-8-6: BONUSES FOR MAXIMUM DENSITY:
Density in excess of the baseline density for the underlying zone may be considered for projects which comply with the bonus density design requirements. The amount of density bonus shall be determined by the type of bonus density design requirements incorporated in the development proposal. In no case shall the density bonus exceed the maximum density allowed for the zone in which the development occurs according to the following chart:
Zone
Baseline Density
Maximum Density
Zone
Baseline Density
Maximum Density
   R-1-10
2.9 units/acre
4.3 units/acre
   R-1-8
3.6 units/acre
5.4 units/acre
   R-1-6
4.8 units/acre
7.2 units/acre
   R-2
5.4 units/acre
7.2 units/acre
   R-2A
6.2 units/acre
8.7 units/acre
   R-2EC
6.2 units/acre
8.7 units/acre
   R-3
7.3 units/acre
20.3 units/acre
   R-3EC
8.7 units/acre
20.3 units/acre
   R-4
7.3 units/acre
26.0 units/acre
 
(Ord. 93-30, 7-27-1993; amd. Ord. 2000-70, 1-16-2001, eff. 1-18-2001)
15-8-7: BONUS DENSITY CALCULATIONS:
For applicants requesting a density greater than the baseline density, the planning commission shall determine whether the applicant has complied with the necessary design components as provided in section 15-8-8 of this chapter and shall assign density points as applicable. The additional units per acre allowed above the baseline density for the PRUD shall be determined by multiplying the total number of density bonus points by the density coefficient of the underlying zone. This figure is the additional number of units per acre allowed above the baseline density. This number, when added to the baseline, will determine the total density per acre for the project; provided, that the number shall not exceed the maximum density allowed in the zone. (Example: The project is in an R-3 zone and the design is awarded 75 bonus points. 75 x 0.0441 = 3.3 additional units per acre. 3.3 + 7.3 [baseline density] = 10.6 maximum units per acre for the development.) The density coefficient for each underlying zone and the total amount of points needed for the maximum density are listed below:
Zone
Density Coefficient
Maximum Density Points
Zone
Density Coefficient
Maximum Density Points
   R-1-10
0.0175
80
   R-1-8
0.02
85
   R-1-6
0.024
100
   R-2
0.02
90
   R-2A
0.0177
85
   R-2EC
0.0177
85
   R-3
0.0441
295
   R-3EC
0.043
270
   R-4
0.0492
380
 
(Ord. 93-30, 7-27-1993; amd. Ord. 2000-70, 1-16-2001, eff. 1-18-2001)
15-8-8: BONUS DENSITY DESIGN REQUIREMENTS:
If greater density is requested above the baseline density, a PRUD development shall comply with one or more of the bonus density design requirements outlined in this section, depending upon the desired density increase. The planning commission shall review and determine if the proposed design complies with the intent of the design requirement before the points are granted. The density bonus points for each individual design component are in parentheses at the end of each requirement. In order to receive the maximum density allowed in the zone, the development shall have received bonus density points from at least one design component in each of the following categories: energy efficiency or building design, and design theme. A design component cannot be used to obtain points in more than one category. The bonus density design requirements are as follows:
   A.   Energy Efficiency:
      1.   All dwellings and main buildings shall have R-19 wall insulation and R-38 ceiling insulation. (10)
      2.   All dwellings are designed with an active or passive solar feature. The solar feature shall be a solar water heater, trombe wall, earth insulation of a majority of the walls, the building designed so that the main exposure faces south and has windows to allow solar access, or other features as approved by the planning commission. (Single feature per unit throughout the entire project, 20 points. Combination features per unit throughout the entire project, 30 points.)
   B.   Building Design:
      1.   All facades of each dwelling structure, exclusive of windows or doors, have a minimum coverage of eighty percent (80%) of the exterior surface in either brick or stone. (30)
      2.   Required parking for each unit is provided for by an attached garage. (25)
      3.   All required dwelling unit parking is covered by carports. (10)
   C.   Design Theme:
      1.   Theme lighting is used throughout the development for street lighting, lighting of walkways, entrances and building exteriors. (15)
      2.   Landscaping is designed and installed along all streets of the development according to a theme which provides unity and interest to the development. (20)
      3.   Architectural details of all buildings have a common theme which unifies the entire development. This theme is not so dominant, however, that all buildings are identical. (20)
      4.   Special features such as fountains, streams, ponds, sculptures, buildings or other elements which establish a strong theme for the development and are utilized in highly visible locations in the development. (25)
      5.   Large special features such as lakes and golf courses which define the theme of the development and are utilized throughout the entire project. (40)
   D.   Parking Areas:
      1.   Parking lots of twenty (20) or more stalls are screened from view by means of berming or landscaping around the perimeter of the parking lot. (20)
      2.   Parking lots of twenty (20) or more stalls or a continuous row of parking over ninety feet (90') in length has a landscaped island which provides landscaping at a ratio of one square foot of landscaping per thirteen (13) square feet of hard surface. (15)
 
      3.   Areas with five (5) or more uncovered parking stalls are designed to include a sufficient number of two inch (2") caliper trees located in such a manner as to shade fifty percent (50%) of the parking area upon maturation of the trees. (15)
   E.   Recreation Amenities:
      1.   The PRUD development includes a recreational amenity primarily for the use of the residents of the development. Recreational amenities include swimming pools, sports courts, spas, or other features as approved by the planning commission. The planning commission may determine the points based on the cost of the amenity, its benefit to the residents of the development, its size and the number of amenities in the development. (5 to 35)
      2.   Development of a common building which shall be used for meetings, indoor recreation, or other common uses as approved by the planning commission. (20)
      3.   Dedication of land for public park, public access along a stream, or public access along a planned trail. The city must be willing to accept the proposed dedication before points are awarded. (Public access 15 points, public park 30 points)
      4.   Construction according to city standards of trail or park which has been dedicated to the city according to subsection E3 of this section. (Trail 15 points, public park 40 points)
   F.   Public Streets: All streets within the development are dedicated public streets. (25)
(Ord. 2015-23, 5-26-2015; amd. Ord. 2022-34, 7-5-2022)
15-8-9: SUBMISSION AND APPROVAL PROCESS:
   A.   Steps Outlined: The PRUD approval process consists of three (3) basic review steps. The first step is submission and review of a conceptual sketch plan. The purpose of this step is to evaluate the appropriateness of the development as PRUD based on the consideration of the existing features of the proposed site and the relationship to adjacent properties. The second step is submission and review of a preliminary development plan and conditional use permit based on the conceptual sketch plan. The purpose of this step is to determine if the preliminary plan/conditional use permit shall be granted. The third step is submission and review of a final development plan. The purpose of this step is to review compliance with the conditional use permit and the preliminary plan. For purposes of recordation, the PRUD shall be recorded as a subdivision. Upon compliance with final approval, a final plat shall be recorded.
   B.   Conceptual Sketch Plan Approval Process: Prior to the submission of a PRUD proposal, the applicant shall meet with the current planning staff to discuss their proposal and its appropriateness for development as a PRUD. Upon completion of the preapplication meeting with the current planning staff, the applicant may choose to present the conceptual sketch plan to the Planning Commission. The purpose of this presentation is to provide the applicant with an opportunity to present why the PRUD proposal is appropriate for the site. The Planning Commission may comment as to the potential suitability of the site for a PRUD and present any concerns or comments they may have for the applicant relative to the proposed PRUD. If the applicant chooses to not present the conceptual sketch plan, it shall be done as part of the preliminary plan approval. For sites located in the Sensitive Area Overlay Zone, a conceptual review by the Planning Commission is required to determine if and what geo-technical studies are required in accordance with the zone. The application shall provide a conceptual sketch plan which shall include the following:
      1.   Basic site analysis which includes existing features of the site, such as existing plant materials, steep slopes or rock outcroppings, views and how they will be incorporated into the proposed development;
      2.   Traffic flow patters into, through and out of the proposed development, including vehicular, pedestrian, and other;
      3.   The general location of the housing units by type (i.e., detached dwelling units and attached dwelling units), along with other appropriate uses and amenities; and
      4.   The existing land uses bordering the proposed site.
   C.   Preliminary Development Plan/Conditional Use Permit Submission: An application for a PRUD preliminary plan/conditional use permit shall be presented to the Planning Commission and shall include the following information:
      1.   Topographic maps of the entire site, including contour intervals of no greater than ten feet (10');
      2.   A tabulation of the total acreage of the site and the percentages to be designated for parking, streets and travel ways, various types of residential units, other buildings and structures, open space, and waterways, along with other relevant aspects of the site;
      3.   The proposed circulation patterns, including private and public streets, and any other path systems;
      4.   The proposed location of all parking and ingress and egress;
      5.   The proposed location of parks, common open spaces, playgrounds, school sites, recreation facilities, and other similar types of improvements;
      6.   The proposed location of all dwellings by type and number of dwelling units per building, along with other buildings (e.g., recreational buildings or club houses) or structures (e.g., fencing, lighting, and signage);
      7.   The proposed location of each phase, if the project is to be done in phases;
      8.   A table of densities for each development phase with a overall density for the development;
      9.   A general landscape plan showing the areas to be landscaped and the retention of existing plant materials and landscape features, along with the use of plant materials for buffers and screening;
      10.   Preliminary building elevations with notation of building materials of all building types proposed within the development, excluding detached single-unit dwellings;
      11.   A preliminary subdivision design, showing a general lot layout and buildable area;
      12.   A preliminary utility plan showing the manner in which adequate sewage disposal, subsurface drainage, storm drainage, and water are to be provided to the site, including the location from which said services will need to be extended;
      13.   If located in the Sensitive Area Overlay Zone, all necessary reports or information required for compliance with Chapter 27 of this Title; and
      14.   Such other information as may be necessary to determine whether the proposed PRUD is desirable and in accordance with the applicable standards.
   D.   Preliminary Development Plan Review Process:
      1.   The Planning Commission, subject to the requirements of this Chapter, may approve, deny or approve with conditions, the preliminary development plan for the proposed PRUD. Approval of a preliminary development plan shall result in the issuance of a conditional use permit. During the preliminary review process, notice shall be given to the public of the PRUD proposal in accordance with Planning Commission rules for conditional use permits.
      2.   In reviewing the proposed PRUD, the Planning Commission shall determine if the PRUD:
         a.   Encourages better utilization of the land, develops a sense of community and is compatible with the neighborhood;
         b.   Meets the minimum requirements in this Chapter;
         c.   Meets the requirements for any bonus density requested for the PRUD;
         d.   Provides an adequate traffic circulation system and whether streets should be designated as public or private; and
         e.   Meets the general intent and purpose of this Chapter and the General Plan.
   E.   Final Development Plan Submission: The final development plan, based on the conceptual sketch and preliminary plans, shall be presented to the Planning Commission and include the following information:
      1.   All of those items required by the Planning Commission as part of the approval of the preliminary development plan and conditional use permit;
      2.   A complete and accurate legal description of all property proposed for development;
      3.   A detailed site plan showing the precise location of all buildings and structures, the location of developed common activity area and recreational uses, waterways, detailed circulation patterns, including proposed ownership of common areas, streets and trails, along with other relevant aspects of the site;
      4.   Parking layout showing the location of individual stalls and all areas of ingress and egress;
      5.   Design of entryways, along with elevations of proposed signage;
      6.   A detailed landscape plan showing the location, types and sizes of all plant materials, sprinkling or irrigation systems, screening and fencing;
      7.   Final elevations of all buildings proposed within the development with notation of building materials, excluding detached single-unit dwellings;
      8.   A final plat of the PRUD, along with all covenants, conditions and restrictions which the City deems necessary to provide adequate guarantees for retention and maintenance of the development as approved;
      9.   Detailed engineering plans including site grading, street improvements, drainage and public utility locations; and
      10.   A time schedule for the completion of landscaping and amenities (e.g., common buildings, playground equipment, recreational facilities, trails and entry signage).
   F.   Final Development Plan Review Process:
      1.   The Planning Commission, subject to the requirements of this Chapter, may approve, deny, or approve with conditions, the final development plan for the proposed PRUD and the accompanying conditional use permit.
      2.   The Planning Commission review of the final development plan shall include the following:
         a.   Whether or not the requirements imposed addressed by the Planning Commission during the conceptual, preliminary processes and the conditions established by the conditional use permit have been adequately addressed in the final development plan;
         b.   Any additional changes from the preliminary development plan proposed by the developer; and
         c.   Any additional information relevant to the success of the proposed development.
(Ord. 93-30, 7-27-1993)
15-8-10: APPLICABILITY OF SUBDIVISION TITLE:
   A.   Exceptions: A PRUD shall comply with the provisions of Title 14, Subdivision Regulations, of this Code, or any successor title, except as follows:
      1.   A PRUD need not comply with those requirements of the Subdivision Title which are specifically waived under the provisions of this Chapter.
      2.   The procedures for preliminary and final plan approval required under the Subdivision Title shall be fulfilled upon approval of the preliminary development plan and final development plan as provided in this Chapter.
   B.   Plat Filing: A PRUD for which all of the real property is intended to be maintained as one lot, held in single ownership, shall require the filing of a plat as a single lot subdivision as part of the final development plan approval process, in order to provide for the dedication of public property, the recording of covenants, conditions and restrictions, notice to third parties of the requirements imposed under this Chapter, and the elimination of existing lot lines.
(Ord. 93-30, 7-27-1993)
15-8-11: FINAL PLAT RECORDATION:
   A.   Required: For purposes of recordation, the final approved plat shall be recorded as a subdivision and be included in the subdivision plat records of the Weber County Recorder's office. Recordation by the City shall only take place after all of the necessary signatures are obtained, all approvals given, and all bonds and fees are posted with the Public Works Department.
   B.   Covenants, Conditions And Restrictions:
      1.   The City may require the applicant to submit for recording covenants, conditions and restrictions which will provide adequate guarantees for the permanent retention and maintenance of open space area, landscaping, natural features, architectural design standards and design components used to achieve density bonus. The covenants, conditions and restrictions shall include, at a minimum, provisions for:
         a.   The establishment of a homeowners' association, unless the property will continue to be held in single ownership by either a corporation, partnership or an individual and restrictions are recorded requiring establishment of a homeowners' association in the event that the unity of title is not maintained; and
         b.   A notice to subsequent owners of the need to obtain City approval of changes to the PRUD which may require either an amendment to the final development plan or to the conditional use permit.
      2.   Streets not constructed to City standards for public roads shall be noted in a required covenant. Such covenant shall provide that such streets cannot be dedicated in the future unless brought up to City standards.
      3.   Each phase submitted for review shall include the covenants, conditions and restrictions for approval.
      4.   Where covenants, conditions and restrictions are imposed upon a PRUD, two (2) copies of the declaration of covenants, conditions and restrictions shall be submitted to the City, signed and prepared for recording at the Weber County Recorder's office prior to approval of a final plat.
(Ord. 93-30, 7-27-1993)
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