10-29-4: GENERAL STANDARDS AND REQUIREMENTS:
   A.   Neighborhood Commercial Standards: Neighborhood Commercial is a zoning designation unique to Pine Valley and regulates all commercial development within the Pine Valley Overlay Zone. All commercial zoning shall be Neighborhood Commercial, rural or historical in character and shall be in harmony with the surrounding development. Neighborhood Commercial development should be oriented to the community and the needs of the community. It shall provide areas where low impact commercial and service uses can be harmoniously integrated with rural and residential uses at a village scale. It shall have a lesser impact than normally associated with commercial development and shall be lower in density to preserve a feeling of open space and preservation of public views compatible with the area’s natural and scenic beauty. Buildings shall be limited to a maximum size of 5,000 square feet and must be single story. The creation of additional commercially zoned property is strongly discouraged. Any zoning amendment to change the zoning to a Neighborhood Commercial zoning or use will require a community meeting noticed per section 10-2-3 of the Washington County Code prior to the application submittal to Washington County and be required to be Neighborhood Commercial with a minimum lot size of one (1) acre. Zoning requests to Neighborhood Commercial will need to meet the following standards:
      It meets a fundamental need of the community.
      It provides an essential service for the community.
      It promotes safety for the residents, including among other things, the lessening of congestion in the streets and road, securing safety from fire and other dangers.
      Single story in height.
      All future commercial uses shall be community focused. Tourist uses shall be ancillary to the community Neighborhood Commercial uses.
      Neighborhood Commercial uses are as follows:
         Country store
         Financial services
         Medical, or professional office
         Office, professional
         Personal care service
         Personal instruction
         Religious facility
         Restaurant, rural or historic architectural style
   B.   Residential Standards: In order to preserve the rural nature and feel of Pine Valley, any new subdivided lots created for development shall be a minimum of 1 acre in size. To maintain the rural nature and feel of Pine Valley and to provide for appropriately sized homes on lots, lot coverage standards are included in the overlay zone.
   The combined square footage of all detached accessory structures, with the exception of barns, shall not exceed 15% of the total lot area if the structure is entirely within the setbacks for the principal structure, or 10% of the total area if the structure is located elsewhere on the lot. Barns except in Agricultural districts may have a lot coverage up to 25% so long as the use is incidental to the primary residential use. In Agricultural districts where agricultural uses are operating, barns are permitted without a primary residential use.
   Fractional home ownership is not permitted within the Pine Valley Overlay Zone.
Existing District
Acres
Front Setback
Side Setback
Rear Setback
Lot Width
Building Height
Lot Coverage
Acc. Structure Lot Coverage
Existing District
Acres
Front Setback
Side Setback
Rear Setback
Lot Width
Building Height
Lot Coverage
Acc. Structure Lot Coverage
A-5
5
25
25
25
300
35
50%
15% / 10%
A-20
20
25
25
25
400
35
50%
15% / 10%
C-2
NONE
25
10
10
NONE
35
50%
15% / 10%
C-3
NONE
25
10
10
NONE
35
50%
15% / 10%
FR-13.5
13,500 Sq. Ft.
25
10
10
80
35
50%
15% / 10%
FR-1
1
25
10
10
140
35
50%
15% / 10%
FR-5
5
25
25
25
300
35
50%
15% / 10%
OSC-20
20
25
25
25
400
35
50%
15% / 10%
OST-20
20
25
25
25
400
35
50%
15% / 10%
RA-1
1
25
10
10
140
35
50%
15% / 10%
RA-2.5
2.5
25
25
25
250
35
50%
15% / 10%
RA-5
5
25
25
25
300
35
50%
15% / 10%
RE-20
20,000 Sq. Ft.
25
10
10
80
35
50%
15% / 10%
RE-40
40,000 Sq. Ft.
25
10
10
100
35
50%
15% / 10%
 
   New residential developments shall have a minimum lot size of one (1) acre. Parcels five (5) acres or more may receive approval of a Planned Development Residential (PDR) allowing ¼ acre lots or larger to be clustered together with 75% of the lot remaining as open space, or ½ acre lots or larger if the open space land is not contiguous.
 
Planned Development Residential Cluster Requirements
Acres
Max number of ¼ acre lots
Required open space in acres
5
4
4
10
8
8
15
12
12
20
16
16
 
      1.   Buildings: Recommended and mandatory building standards are found in the table below:
Mandatory
Recommended
Standard
Mandatory
Recommended
Standard
X
Buildings shall be designed to follow natural contours rather than modifying the land to accept a building design not tailored to the site.
X
Slopes that are greater than thirty percent (30%) shall require building designs where all corners of the building on the ground surface. Hillside Development Standards in the code also apply.
X
The massing or grouping of buildings shall be scaled to harmonize and achieve balance with natural features of the specific site.
X
Roof lines and building mass shall echo the angles and shapes repeated in the natural landscape. Flat roofs are strongly discouraged due to snow loads.
X
Building mass and wall lines shall be broken up to complement natural settings and slopes.
X
The use of building materials in colors that blend harmoniously with the surrounding natural settings is recommended. Brash, contrasting color combinations are strongly discouraged.
X
Flammable wood roofing shingles are prohibited.
 
      2.   Mobile and Manufactured Housing: Mobile homes are not permitted within the Pine Valley Overlay Zone. Manufactured housing is discouraged in order to preserve the rural character of Pine Valley. Manufactured housing may be allowed with the following standards:
Mandatory
Recommended
Standard
Mandatory
Recommended
Standard
X
Built to HUD Standards
X
Be manufactured within the five (5) years immediately preceding the date which it is affixed to the residential lot.
X
Shall be new construction and not a home relocated from another property.
X
Consist of more than one section.
X
Includes at least 1,400 square feet of living area.
X
Consist of at least five (5) sides or corners with the smallest side or corner measuring a minimum of five (5) feet; and
X
Have a minimum width and depth of 20 ft.
X
The exterior finish shall be architecturally integrated with the homes in the immediate vicinity, including roofing and building design.
X
Attached to a permanent foundation, and any elevated foundation must be masked with the same exterior finish used on the home or decorative masonry. All masking must be extended to within six (6) inches of grade.
X
Roofing material shall be asphalt shingles, tile, or metal roofing panels.
X
Roofing material must be different in color and material than that of the exterior finish of the house to create contrast.
X
Flammable wood roofing shingles are prohibited.
X
Roofs shall maintain a minimum pitch of 3:12.
 
      3.   Accessory Dwelling Units: Accessory Dwelling Units (ADU) are allowed within the Pine Valley Overlay Zone under Section 10-13-18. Setbacks for ADUs will correspond with the underlying zoning district, in which the ADU is located and be compliant with Title 10 Chapter 8.
      4.   Short Term Rentals: Short Term Rentals (STR) are allowed when compliant with Section 10-13-23, with the exception of any Planned Development Short Term Rental (PD-STR) zoning. Short Term Rental housing will be limited to a maximum of 5% of the existing housing supply. If the home is not owner occupied, then a property manager must live within one (1) hour of Pine Valley to be able to promptly resolve matters that may arise.
      Those with existing licenses when the Overlay Zone becomes effective, will be included in the ratio number. Any applicants, who are compliant with Section 10-13-23, and granted a license by the County, will be included until the ratio for the licenses is met. Any subsequent applicants will be placed on a wait list in order of the date of receipt. Licenses can also be revoked by the County for non-compliance. When a license becomes available, the first applicant on the waiting list shall be notified of the license availability, and the applicant shall have sixty (60) days from the date to complete the licensing process, if eligible. If they fail to obtain a license within that timeframe, the application shall be deemed rejected, and the next applicant will be notified of the license availability, and the same procedure shall apply. The Pine Valley Local Administrative District (PVLAD) will review the number of homes each year and provide an updated ratio number to the Community Development Department by January 31 of each year.
      5.   Home Occupations: Home occupations are allowed within the Pine Valley Overlay Zone pursuant to Section    10-4-1.
   C.   General Standards:
      1.   Streets:
         a.   Rural Street Section: In order to preserve the rural character of Pine Valley, as defined with the community general plan maps, street improvements shall be exempt from curb, gutter, and sidewalk requirements pursuant to Washington County Code Section 11-5-3(C)(2)(a).
         b.   All-Terrain Vehicles (ATVs) / Off Highway Vehicles (OHV): All-Terrain Vehicles / Off Highway Vehicles are permitted within the Pine Valley Overlay Zone pursuant to Washington County Code Section 6-1-3.
      2.   Trees / Landscaping / Fencing:
         a.   Fencing: All perimeter fencing, including the front yard, within the Pine Valley Overlay Zone, of a parcel or lot, as well as along roadways, shall be non-sight obscuring fencing and have a maximum height of six (6) feet. Fencing on corner lots shall comply with the Washington County Code Section 10-15-3. Sight obscuring fencing is allowed within a building setback and yard for privacy but may not be used along the perimeter of the parcel.
         b.   Landscaping: In order to preserve the rural nature of Pine Valley, it is recommended that landscaping incorporates local Utah native plants. Due to the proximity of the Dixie National Forest, plants listed from the website plant database are encouraged. https://www.fs.usda.gov/main/dixie/learning/
         Borrow ditches are to be maintained with natural materials and remain open.
         It is encouraged to create a defensible space around residential buildings by keeping twigs, leaves, shrubs, dead grasses and brush away from the perimeter of the structures.
         Washington County Community Fire Planning recognizes that many communities are at risk for wildland fires and provides the following link to reduce the risk around your home.
      3.   Signs: Signs should be in harmony with the rural character of Pine Valley and are subject to Title 10 Section 19, unless otherwise stated in this overlay zone.
      Commercial signs are only permitted on parcels that the commercial use is located. Off premise signs are prohibited. Pole signs are not permitted within the Pine Valley Overlay Zone. One monument or low-profile sign per commercial lot is allowed with the following standards:
         a.   Shall be limited to a maximum of six (6) feet in height from finished grade.
         b.   Shall be limited to thirty-two (32) square feet in area.
         c.   Shall be limited to only one sign per business constructed in lieu of, and not in addition to, any freestanding sign.
         d.   Shall contain no animation or lighting, except for one spotlight directed at the face of the sign, not into the air, into the face of oncoming traffic or onto adjacent property. A double faced sign may be lighted in this manner from both sides or from indirect lighting located inside the sign in lieu of spotlights.
         e.   Shall contain no animation, video, reader boards, sound, odor, flashing message lighting, or components of any kind that move, shimmer, reflect or are electronic. No lighting of any kind shall be approved unless compliant with subsection d. of this section.
         f.   Wall signs are allowed per Section 10-19-3-B.8.
      4.   Outdoor Lighting and Glare:
      Purpose: It is the intent of this Subsection to establish lighting practices and systems to minimize light pollution, glare, and light trespass; conserve energy and resources while maintaining nighttime safety, utility, and security; and curtail the degradation of the nighttime visual environment.
      It is recognized that the rural nature of Pine Valley is unique and valuable to the community. The enjoyment of a starry night is an experience the community desires to preserve. The Pine Valley Overlay Zone promotes the reduction of light pollution that interferes with enjoyment of the night sky.
      If public lighting fixtures are required for safety, rural or historical style fixtures shall be used.
      The functional objectives in providing outdoor lighting are to illuminate areas necessary for safe, comfortable, and energy efficient use. Outdoor lighting shall be shielded and limited to provide for safe ingress and egress.
      The following standards shall apply to new lighting:
         a.   Shielding: All non-exempt outdoor lighting shall be fully shielded.
         b.   Building canopy, soffit, and wall mounted lighting: Lighting fixtures mounted on a canopy or soffit shall be recessed so that the lighting is flush with the bottom surface and fully shielded by the fixture or the edge of the canopy or soffit. Wall-mounted fixtures shall not be mounted above eighteen (18) feet as measured from the top of the fixture to the adjacent grade or horizontal plane being lit by the fixture.
         c.   Construction Lighting: All commercial construction sites shall shield lighting to minimize glare on adjacent parcels.
         d.   Pathway Lighting: The intent of pathway lighting is to provide pools of light to help direct pedestrians along the path, not to fully illuminate the path. Pathway intersections should be illuminated for safety. Pathway lighting and public trails, when required, shall not be mounted more than ten (10) feet above finished grade. Residential pathways must be shielded to minimize the glare on adjacent properties.
         e.   Seasonal Lighting: Winter seasonal lights that do not cause light trespass or interfere with the reasonable use and enjoyment of property are permitted from the first of November to the first of February. Seasonal lights are exempt from the fully shielded requirement and any color of lights may be used; however, seasonal lights shall not be used to create advertising messages or signs. Digital displays are prohibited. Spelling out the name of a business with seasonal lights is prohibited.
            (1)   Residential seasonal lights shall comply with zone-required setbacks and be turned off by midnight. Flashing, blinking, intermittent lights, or other lights that move or give the impression of movement are prohibited except during holidays, including permanent year-round programmable lighting.
            (2)   Commercial seasonal lights shall be turned off by midnight.
            (3)   Exceptions:
               (A)   String lights are exempt from the fully shielded requirement and may be used year-round to illuminate decks, porches, patios, gazebos, and pergolas, but are prohibited from wrapping the entire roofline of the house and illuminating landscaping or outlining structures.
         f.   Lighting that is discouraged:
            (1)   Architectural lighting
            (2)   Landscaping lighting
         g.   Prohibited Lighting: Unless otherwise exempted, the following are prohibited:
            (1)   Up-lighting
            (2)   Unshielded floodlights
            (3)   Unshielded spotlights
            (4)   Search lighting, laser source lights, or high intensity lighting except by police and fire personnel or at their discretion.
            (5)   Flashing, blinking, intermittent, or other lights that move or give the impression of movement, except for seasonal lighting; this includes permanent year-round programmable lighting.
            (6)   Neon or luminous tube lighting
            (7)   Lighting fixtures affixed to commercial buildings for the purpose of lighting parking areas or sales display lot areas. Fully shielded fixtures may be attached to building to light walkways and parking spaces adjacent to buildings.
         h.   Light Trespass: Light trespass is artificial light that falls beyond the legal boundaries of the property it is intended to illuminate. Outdoor lighting shall be aimed and fully shielded so that the direct illumination shall be confined to the property boundaries of the source.
         i.   Exemptions: The following are exempt from this Subsection:
            (1)   Gas Lights: All outdoor light fixtures producing light directly by the combustion of natural gas or other fossil fuels are exempt from the requirements of this Code.
            (2)   Up-lighting: Up-lighting is permitted in limited circumstances: for government funded or owned statues, public monuments, ground-mounted public art, or flags of the United States of America.
               (A)   All up-lighting shall be shielded and/or have beam-angle control and shall be aimed to limit the directed light to the illuminated object only.
               (B)   Up-lighting is permitted thirty (30) minutes before sunset and until 11:00 p.m.; or, one hour after the close of location based on normal hours of operations, whichever is later.
            (3)   Temporary lighting for outdoor filming and outdoor performance venues.
            (4)   Underwater lighting in swimming pools, hot tubs, and other water features.
            (5)   Traffic control signals and devices.
            (6)   Streetlights: See rural street section.
         j.   Fire Protection: Due to the proximity of the National Forest land that surrounds the community, fire protection is a high priority for the Pine Valley Overlay Zone.
            (1)   Fire Hydrants: The Pine Valley Fire Department is responsible for fire hydrants. Newly developed area will require additional fire hydrants that meet Washington County Standards. Additional hydrants in already developed areas will be located as necessary. The Washington County Code is responsible for fire hydrant locations and will determine acceptable distance of hydrant from home.
            (2)   Fire Pits: Pine Valley Overlay Zone is a high risk area for fire. Small recreational fire pits are allowed in residential zones and shall be allowed per the adopted Wildland Urban Interface Code. Permanently installed firepits are recommended for increased fire safety. It is recommended that firepits be located at least fifteen (15) feet away from any structure, plants, trees or anything flammable. Burning is limited to dry, clean, natural materials. No garbage, plastics, rubber, oils, or construction waste.
            (3)   Defensible Space: It is encouraged to create a defensible space around residential buildings by keeping twigs, leaves, shrubs, dead grasses and brushes away from the perimeter of the structures. Trim trees and remove branches away from any structure.
         k.   Meadow Protection: Preserving the meadows in Pine Valley has been a long-term goal. Working with the Virgin River Land Preservation Association, Pine Valley property owners have protected 100 acres of historic meadowlands (as of March 2022), using conservation easements that allow them to either sell or donate their development rights. These easements protect agricultural uses and minimize development; they are crafted individually with each landowner.
         Future policy should accommodate this voluntary effort between the individual landowners and the land trust.
         It is recommended that no development take place in the meadows beyond a depth of one (1) block north of the main east-west road through the community.
         To further the meadow protection, seeking out financial opportunities is encouraged through local, state, or federal grants.
         l.   Dumping or Disposal: Dumping or disposal of construction materials or other materials shall be subject to Section 10-13-20 of the Washington County Code and is prohibited in any public right-of-way.
         m.   Cell Towers: To preserve the rural nature of Pine Valley, co-location of wireless communication antennas is encouraged to minimize the number of tower structures. A conditional use permit will be required for all wireless facilities. Facilities located on buildings is encouraged. Wireless communication facilities with lattice are prohibited. All wireless facilities shall be fully enclosed. Equipment required to support the wireless communication facility shall be fully enclosed. Height shall be limited to no more than ten (10) feet higher than the permitted height for structures in the zoning district it is located within.
         Alternative tower structures / stealth facilities are also encouraged to camouflage or conceal a wireless communications tower. Alternative tower structures may be designed to appear as trees, chimneys on a structure, or similar projections that blend in with the rural nature of the community.
 
 
Green
- 100 Acres in Trust
Red
- In Progress
White
- Historic Chapel
 
         Locational and additional standards for wireless facilities are found in Title 10 Chapter 21 of the Washington County Municipal Code.
(Ord. 2022-1214-O, 78-19-2022)