CHAPTER 27 Title 10 Zoning Overlays
CHAPTER 27
ZONING OVERLAYS
SECTION:
10-27-1: Animal Overlay (AO-)
10-27-2: Planned Transition Overlay (PT-)
10-27-3: Conditional Use Permit Overlays (CUP-)
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.
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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
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. 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 following list of items should be
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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 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
hearing.
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10-27-3: CONDITIONAL USE PERMIT OVERLAY (CUP-):
(A) GENERAL OBJECTIVES AND CHARACTERISTICS OF THE CONDITIONAL USE
PERMIT OVERLAY (CUP-): The objectives in establishing the conditional use permit
overlay is to provide for location of permanently issued conditional use permits. Normally
the CUP Overlay designation will show the location and existing zoning for churches and
schools.
(B) OVERLAY SYMBOLS AND NAMES: The symbol for the designation of this overlay shall
be (CUP-
designation shall be the zoning that the property has been granted. Examples follow (but
are not limited to):
Symbol Name
CUP-R-1 Conditional Use Permit R-1 Residence Zoning
CUP-HC-1 Conditional Use Permit C-1 Commercial Zoning
(C) PUBLIC HEARING REQUIREMENT: After the required public hearing for a Conditional
Use Permit and upon approval of the governing body, the CUP- designation shall be
placed on the zoning map with the appropriate overlay designation.
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 affective flooding, soil, drainage and other natural
ecologic conditions.
3. To combine and coordinate architectural styles, building forms and
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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.
(C) OVERLAY SYMBOL AND NAME: The symbol for the designation of this overlay shall
be (PUD-
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
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.
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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:
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).
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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
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.
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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
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 10-29-8 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
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 Commission. 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 Commission to be a significant change.
(K) MAINTAINANCE OF COMMON AREA, GREENSPACE AREA AND OTHERS 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
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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.
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