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CHAPTER 27 Title 10 Zoning Overlays PAGE 1 ZONING OVERLAYS REVISED 08-01-2024 CHAPTER 27 ZONING OVERLAYS SECTION: 10-27-1: Animal Overlay (AO-) 10-27-2: Planned Transition Overlay (PT-) 10-27-3: REPEALED 10-27-4: Planned Unit Development (PUD-) 10-27-1: ANIMAL OVERLAY: (A) GENERAL OBJECTIVES AND CHARACTERISTICS OF THE ANIMAL OVERLAY: The objective in establishing the Animal Overlay is to designate those areas of the City in which livestock, specifically horses, cattle and sheep, can be pastured. The purpose of this overlay is to prohibit the pasturing of livestock in higher density areas, thus causing a public nuisance and a public hazard to those living in the area. In order to accomplish the objectives and purposes of this ordinance and to promote the characteristics of this overlay, the following regulations shall apply in the Animal Overlay. This overlay formerly known as the O-L-6 Overlay Zone which was exclusive to animals has been discontinued and is no longer granted. Zoning for animals has now been changed and is allowed only in the RE (Residence Estate Zone). All properties that had been granted the O-L-6 Overlay Zone prior to the establishment of the RE Zone have been grandfathered and shall follow the regulations referred to in subsection (B) of this section. (B) REGULATIONS PERTAINING TO USE, AREA, WIDTH, LOCATION OF BUILDINGS AND STRUCTURES, HEIGHT AND SIZE AND SPECIAL PROVISIONS: These regulations shall be the same as in the underlying basic zones, except that: Animal Overlays (AO-) allowing the pasturing of livestock shall follow, THE PROVISIONS IN SECTION 538, KEEPING OR MAINTAIN ANIMALS. 10-27-2: PLANNED TRANSITION OVERLAY (PT-): (A) GENERAL OBJECTIVES AND CHARACTERISTICS OF PLANNED TRANSITION OVERLAY: The objectives in establishing the Planned Transition Overlay (PT-) are to provide for an orderly transition from one zoning classification to another. Normally the transition will involve transitioning from one type of zone to another (for example, from residential to commercial), or from a zone that has many development restrictions to a less restrictive zone (for example, from a low-density residential zone to a high-density residential zone). Usually transitioning will be used along arterial streets that have developed along residential neighborhoods causing problems with traffic and noise for existing residential properties. PAGE 2 ZONING OVERLAYS REVISED 08-01-2024 To accomplish the transition, each area will be addressed on an individual basis, and conditions will be included in the development plan such that the new usage will have the least amount of impact on neighboring properties. (B) OVERLAY SYMBOLS AND NAMES: The symbol for each planned transition overlay granted shall be PT- followed by the symbol of the zone being transitioned to. The name shall be “Planned Transition” followed by the name of the zone being transitioned to. Examples follow (but are not limited to): Symbol Name PT-R3A Planned Transition – R3-A Residence PT-PB Planned Transition – Professional Business Office (C) USE, AREA, WIDTH, LOCATION, HEIGHT AND MINIMUM LOT SIZE: The determination of these items would be done by review of the area being proposed for transitioning. Allowed uses would be those allowed in the zone that the overlay is transitioning to. Lot area, width, location and height would be recommended at the review process based on existing buildings and lot sizes, and the requirements of the zone being transitioned to. Maximum height of new buildings would be determined to maintain harmony with the adjoining properties. Generally, each building location would be required to meet the requirements of the zone being transitioned to. (D) DEVELOPMENT STANDARDS IN THE PT OVERLAY: The following development standards shall be required of all properties being transitioned. Additional standards may be addressed as necessary during the review and public hearing process to include items specific to the transitioning properties and the surrounding neighborhood. Additional standards shall be included in the development plan of the transition area. 1. Lighting: All lighting shall be directed to avoid direct glare on adjacent properties. If necessary, lighting shall be shielded to protect adjacent properties. A lighting plan shall be submitted with the required site plan. 2. Sidewalks: In areas that do not currently have sidewalks or in the case of sidewalk disrepair, sidewalk, curb and gutter shall be installed or replaced as necessary. 3. Parking: Parking shall meet the standards of the zone being transitioned to. 4. Landscaping: The minimum landscaping requirements in section 10-5-24 shall be met. Whenever practical, existing trees shall be saved. 5. Access to Public Roads: Driveways shall be minimized throughout the area being transitioned. Access shall be reviewed during the review and public hearing process. Existing driveways that are not part of the final development plan shall be removed and replaced with curb, gutter and sidewalk. (E) DEVELOPMENT PLAN: A development plan shall be prepared which addresses specific issues in regards to the area being proposed for the transition overlay. After review by the Planning staff, the development plan shall be reviewed by the Planning and Zoning Commission and a recommendation shall be made to the City Council. After approval by the City Council the development plan shall be recorded as part of the subdivision. The PAGE 3 ZONING OVERLAYS REVISED 08-01-2024 following list of items should be reviewed and included in each new transition overlay development plan as necessary: 1. Zone to be transitioned to. 2. Minimum lot size and frontage. This could have a requirement to combine specific lots during the transition phase. 3. Once a building permit has been issued on a specific property, building or lot within a transition zone, as part of the planned transition overlay, the development plan relating to the transition shall be completed on said property within eighteen (18) months from the date of issuance of said permit prior to a certificate of occupancy being granted. Completion must include all required elements of the transition development plan including but not limited to street accesses, parking, landscaping, platting and conversions of all remaining buildings on said property. Extension requests must be submitted in writing to the zoning administrator sixty (60) days prior to the deadline. The extension request will be submitted for staff review and approval or denial. In the event the extension request is for more than an additional three (3) months the request shall be submitted to the Board of Adjustments for review and approval or denial. 4. Number of accesses to public streets to be allowed in the transitioning area shall be combined to comply as close as possible with the Access Management Plan. Consideration should be made to combine as many accesses as possible to still allow access to the public street and the transitioning properties. 5. Buffering adjacent properties from the new usage. A buffer plan will be determined to protect the neighboring residences where the transition takes residential to higher-density residential, or to a nonresidential use. Buffering will include the type of fence, and/or additional landscaping, beyond what is required in the zone being transitioned to. 6. Additional items may be included that may be specific to a given area or transition proposal. (F) FINAL ZONE CHANGE: After completion and final inspections for compliance to the development plan, the transition shall be considered complete. The transition PT overlay shall be accepted, the overlay designation shall be removed and the new overlay zone shall officially be shown as the zone that was transitioned to on the zoning map for the City of Ammon. (G) PLAT REQUIRED: As each property is developed to meet the standards of the transition overlay, said property shall be platted to meet the existing platting requirements of the City of Ammon. In the event multiple lots are required to meet the development plan of the overlay, said lots shall be combined and platted as one lot. (H) PUBLIC HEARING REQUIRED: Prior to the placement of an overlay and transition zoning there shall be a public hearing held before the Planning and Zoning Commission. Planning and Zoning shall make a recommendation to the City Council either to approve or deny the proposed transition overlay and the transition zone. All requirements of the public hearing process in regards to notice and publications shall be followed for this public PAGE 4 ZONING OVERLAYS REVISED 08-01-2024 hearing. 10-27-3: REPEALED 10-27-4: PLANNED UNIT DEVELOPMENT OVERLAY (PUD-): (A) STATEMENT OF INTENT OF PLANNED UNIT DEVELOPMENT (PUD) OVERLAY: The purpose of the PUD Overlay is to create a process to promote diversity and creativity in site design, and protect and enhance natural and community features. The process is provided to encourage unique developments which may combine a mixture of uses. The PUD process permits departures from the conventional siting, setback, buffers etc. of a particular zoning district in the interest of achieving superior site development, creating open space, and encouraging imaginative design by permitting design flexibility. By using flexibility in the application of development standards, this process will promote developments that will benefit citizens that live and work within the city. A planned unit development shall be granted through the conditional use permit authority of the City and shall be an overlay to the zoning of the requested property. (B) GENERAL OBJECTIVES AND CHARACTERISTICS OF THE PUD OVERLAY: 1. To allow for the design of developments that are architecturally and environmentally innovative and that achieve better utilization of land than is possible through strict application of standard zoning and subdivision controls. An application for a PUD may be applied for in any zoning district within the City. 2. To encourage land development that, to the greatest extent possible preserves natural vegetation, respects natural topographic and geologic conditions, and refrains from adversely affecting flooding, soil, drainage and other natural ecologic conditions. 3. To combine and coordinate architectural styles, building forms and structural/visual relationships within an environment that allows mixing of different land uses in an innovative and functionally efficient manner. 4. To provide for abundant, accessible and properly located open space, recreation space and other facilities. 5. To promote the efficient use of land resulting in networks of utilities, streets and other infrastructure features that maximize the allocation of fiscal and natural resources. 6. To enable land developments to be compatible and congruous with adjacent and nearby land developments. 7. To ensure that development occurs at proper locations away from environmentally sensitive areas and on land physically suited to construction. 8. To allow unique and unusual land uses to be planned for and located in a manner that ensures harmony with the surrounding community. PAGE 5 ZONING OVERLAYS REVISED 08-01-2024 (C) OVERLAY SYMBOL AND NAME: The symbol for the designation of this overlay shall be (PUD-). The name shall be “Planned Unit Development Overlay”. Following each PUD designation, the zoning that the property has been granted. Examples follow (but are not limited to): Symbol Name_____________________________________________________ PUD-R-1 Planned Unit Development – R-1 Residence Zone PUD-HC-1 Planned Unit Development – HC-1 Highway Commercial (D) DIMENSIONAL AND USE RESTRICTIONS: In acting upon the application, the Planning and Zoning Commission may recommend to the Board of Adjustment, a requested modification to lot size, required facilities, buffers, open space areas, setback requirements, building size limits, off-street parking regulations, landscaping rules or other miscellaneous regulations where such regulations or changes are consistent with the intent of this section and the standard set forth herein. The following restrictions shall apply to all PUD development within the City of Ammon: 1. No residential building within a PUD shall have a side yard distance between buildings of less than six (6.0) feet. 2. A minimum of twenty (20.0) percent of dedicated open space shall be dedicated as common use within the PUD and be maintained by a designated entity in control of the PUD. Allowable entities would include but not be limited to a home owner’s association or organization named in the deed of the PUD as the controlling body. Allowable open space shall include trail-ways, parks and dedicated landscaping including but not limited to dedicated sports facilities such as tennis courts, basketball courts or skate parks. 3. All allowable and calculated common use open space shall be under one ownership and/or meet the requirements the State of Idaho Condominium Act as defined in Idaho Statutes, Title 55, Chapter 15. Covenants defining ownership of common areas shall become a part of the Planned Unit Development (PUD) plan as approved by the City Council of the City of Ammon. 4. Development within a non-residential area of a PUD may be limited for development in relation to a percentage of residential development. Limitations to non-residential development shall be set by a recommendation of the Planning and Zoning Commission and approved by the City Council. (E) QUALIFYING CONDITIONS: A planned unit development is intended to accommodate developments; (a) with mixed or varied uses, (b) sites with unusual topography or unique settings within the community, or (c) on land which exhibits difficult and costly development problems. Approval will not be granted when the planned unit development is sought primarily to avoid the imposition of standards and requirements of existing zoning classifications rather than to achieve the objectives of this Ordinance. Additionally, no planned unit development shall be approved unless it appears that the land use and development meet the following standards: PAGE 6 ZONING OVERLAYS REVISED 08-01-2024 1. That in the opinion of the Planning and Zoning Commission and the City Council, the use will be compatible with adjacent land use, the natural environment, and the capacities of affected public services and facilities, and that such use is consistent with the public health, safety and welfare of the City residents. 2. All land for which application is made must be owned or under control of the applicant, the parcel must be capable of being planned and developed as one integral land use unit and shall contain no less than twenty (20.0) acres. 3. The use and development is warranted by the design of additional amenities made possible with and incorporated by the development proposal. 4. The development maximizes useable open space. 5. Landscaping is provided to insure that proposed uses will be adequately buffered from one another and from surrounding public and private property and to create a pleasant pedestrian scale outdoor environment. 6. Vehicular and pedestrian circulation, allowing safe, convenient, uncontested and well-defined circulation within and access to the development shall be provided. 7. It is encouraged that existing important natural, historical and architectural features be preserved. (F) PUD APPLICATION: A PUD application shall be submitted in two stages as described below: Both stages (preliminary and final) shall follow the procedure for conditional use permit applications including public hearings which shall be held in compliance with the current requirements of the City of Ammon. 1. PRELIMINARY PUD APPLICATION APPROVAL: The preliminary PUD application request shall include a conceptual plan showing the PUD boundaries; proposed areas for structure locations, existing and proposed utilities, parking areas, pedestrian and vehicular circulation, landscape massing, open spaces and their intended use, recreation facilities, and such other features as might be requested. A land use tabulation summary shall be provided in the margin of the plan indicating types of uses, acreage for each land use, number of units, densities and land use intensities. The conceptual plan shall show details of access to adjacent roadways and existing or future trail systems. Necessary requests for zone changes and/or comprehensive plan changes shall be determined in this phase of the request. Any necessary changes shall be included in the next phase of the PUD Application Approval process. 2. FINAL PUD APPLICATION APPROVAL: The final PUD application request shall include: (a) A detail site plan showing the PUD boundaries, proposed structure locations, existing and proposed utilities, parking areas, pedestrian and vehicular circulation, landscape massing, mass grading, open spaces and PAGE 7 ZONING OVERLAYS REVISED 08-01-2024 their intended use, recreation facilities, and such other features as might be requested. (b) A land use tabulation summary shall be provided in the margin of the plan indicating types of uses, acreage for each land use, number of units, densities and land use intensities. (c) A description of the type, character and proposed use of all land and structures within the PUD including square feet per unit, floor area for each use type, height of all structures and any other information as required to describe the character of the proposed use or activity. (d) Residential lots that meet the minimum size of the residential zoning within the PUD and containing a maximum of one residential main structure/living unit shall be shown on the final PUD application as a residential lot without final placement of residential building. Residential lots that are approved on the PUD final plan as a clustered home area must show on the PUD final plan with the maximum building envelope allowed per structure. (e) Additional Required Information: Upon request of the Zoning Administrator, Planning and Zoning Commission or the City Council, the applicant shall provide the following information: i. Developer intent and objectives (physical, social and environmental). ii. A description of all exterior building materials. iii. Projected Population profile for the development. iv. Impact of development on local streets (traffic study), natural features, schools and utilities. v. Such other information pertinent to the development or use. Failure of the applicant to provide such requested information in a timely manner may be grounds for denial of the application. 3. FINAL PLAT AND PUD RECORDING: After an approval of the final PUD application the developer shall record a final plat showing all details of the PUD development including placement of building, roadways, trails and all information that would be a part of a final plat recording within the City of Ammon. No building permits shall be issued for development within the PUD until all documentation has been filed and recorded at the Bonneville County Recorder’s Office and all documentation has been received in hard copy and electronic form from the developer. All documentation requirements shall follow the process of the filing of a final plat as described in 10-29 9 of the City of Ammon Title X codified ordinances. (G) DEVELOPMENT ALLOWED ONLY AS APPROVED: After approval of a PUD (planned unit development), the land to which it pertains shall be developed and used in its PAGE 8 ZONING OVERLAYS REVISED 08-01-2024 entirety only as authorized and described in the conditional use permit approving the planned unit development. (H) PHASED PUD: 1. Each phase of a PUD may be required to be planned, developed and approved to exist as an independent PUD. 2. Development within a non-residential area of a PUD may be limited for development in relation to a percentage of residential development. (I) EXPIRATION OF CONDITIONAL USE PERMIT: The PUD conditional use shall expire one year from date of final approval if the applicant has not commenced substantial construction. The City Council shall have the right to extend an order for one (1) additional year. After substantial construction has begun the Conditional Use Permit shall continue indefinitely. (J) AMENDMENTS TO A PUD: Any significant change to a PUD may require a public hearing as deemed necessary by a review of the requested change by the Planning and Zoning Director. Relocation of buildings within the same zoning classification that results in no decrease of green space shall not be considered a significant change unless determined by the Planning and Zoning Director to be a significant change. (K) MAINTAINANCE OF COMMON AREA, GREENSPACE AREA AND OTHER PUD MAINTAINED AREAS: It shall be the responsibility of the designated Home Owners Association or PUD Organization to maintain the common areas, greenspace areas and other PUD maintained areas within all PUD developments. In the event said Home Owners Association or PUD Organization or other responsible party fails to maintain said areas, the City may contract and/or do any necessary repair or maintenance. To allow for costs incurred by the City for said repair or maintenance, there shall be a charge of two (2) times the invoice or billed amounts for said repair or maintenance. Such costs shall be assessed as a lien against all privately owned parcels within the PUD on a square footage pro rata basis against all individually owned property. Said lien may be collected separately from each property owner by the City and/or the same shall be attached to the real property tax roll assessment of each individually owned property.