An Overlay Zone represents a geographical area or district where additional standards, conditions, and/or uses are superimposed upon the underlying zones within that area or district. A Floating Zone may allow for additional uses and modification of use regulations and the zoning provisions of the existing base zone. A Floating Zone is not automatically applicable to a predetermined location, as with an Overlay Zone, but may be applied to a specific location after specific standards and conditions are met and after legislative approval by the City Council. Floating Zones provide greater flexibility for land owners that own unique properties or who agree to build projects that include high quality and unique elements not otherwise required by the underlying zone. The purpose of Overlay Zones and Floating Zones is to provide a zoning tool for the accomplishment of community goals and policies in the pursuit of the public health, safety, and welfare in ways not available through typical zoning. (Ord. 2016-05, 5-3-2016)

The Residential Chickens Floating Zone is established to provide regulations and standards for the raising of chickens and egg production in certain Residential Zones in the City. The Floating Zone is intended to encourage sustainable local and family food production, while establishing regulations that control the appropriateness of chickens in a semirural environment as needed to protect the health, safety, and welfare of the community. Except for standards herein allowed under the "Residential Chickens Floating Zone", land use and development standards shall meet the requirements of the underlying zone. (Ord. 2012-02, 2-21-2012)

The Planning Department may approve requests for the raising of residential chickens and egg production for family food production based upon the following standards being met: (Ord. 2013-20, 12-17-2013; amd. Ord. 2019-01, 3-5-2019)

A. Residential Land Use Requirement: The raising of chickens in Residentially zoned areas is permitted, subject to the regulations established herein, for minimum ten thousand (10,000) square foot residential lots within the P-C and Single-Family Residential R Zones. Standards for raising chickens on Agriculturally zoned properties are regulated based upon animal requirements under the A-1 and A-5 Zones set forth in this chapter. (Ord. 2017-01, 1-3-2017)

B. Number And Type Of Chickens Allowed: Up to six (6) chickens per residential lot may be kept for the purpose of family food production. The keeping of roosters in Residential Zones is expressly prohibited. Roosters, as part of pullet stock, may be kept temporarily until such stock is four (4) months old.

C. Coop Size And Location: The size, height, and location of chicken coops shall be adequate to house the number of chickens on the property and shall meet the requirements for accessory buildings in the underlying zone, including setbacks and rear lot coverage. In addition to said requirements, chicken coops (or the portion of a larger accessory structure used for the raising of chickens) shall be located at least ten feet (10') from the on site dwelling, five feet (5') from the property line of an adjoining neighbor, and forty feet (40') from a dwelling on an adjoining property.

D. Chicken Care And Maintenance Guidelines: The raising of residential chickens and egg production shall be done in such a way that the use is clearly subordinate to the residential character of the property with no significant impacts or nuisances being created for the residential neighborhood in general and adjoining property owners in particular.

1. Education And Awareness: Residents interested in residential chickens and egg production are strongly encouraged to educate themselves as to appropriate chicken raising methods, Salt Lake County Board of Health requirements, and City ordinances before purchasing chickens and equipment, constructing facilities, and obtaining applicable City permits. Residents are also encouraged to discuss their family food production plans with adjoining neighbors. Regardless of approvals by the City, the keeping of residential chickens may be further restricted civilly by homeowners' associations and recorded restrictive covenants.

2. Slaughtering: The slaughtering or processing of chickens outdoors for food production is expressly prohibited in Residential Zones.

3. Feed Containers: The storage and accessibility of chicken feed shall be so handled to discourage rodents, other vermin, and predators.

4. Nuisance: Property owners will ensure that the raising of residential chickens and egg production is properly conducted and monitored to not create impacts to neighbors. Approval to raise residential chickens shall include the construction and maintenance of adequate and comely coops, pens, enclosures, and property fencing that will confine chickens to the property and that do not adversely affect neighborhood property values. The maintenance and cleanliness of facilities and equipment shall be the ongoing responsibility of the property owner. If and when nuisance issues arise, property owners will work with neighbors, and City staff as necessary, to amicably resolve concerns. Complaints shall be considered prima facie nuisances with the burden upon property owners to resolve the same. (Ord. 2013-20, 12-17-2013)

A onetime residential chicken permit and fee (as established by the City Council) shall be required for the keeping of residential chickens in approved Residential Zones. In order to determine compliance with the requirements herein, two (2) copies of a plot plan shall be submitted to the Planning Department, drawn to scale, clearly showing the location of all existing and proposed structures, coops, pens, enclosures, and property fencing as may be needed depending on the proposed type of residential chicken setup. The plot plan shall also show building structures on adjoining residential lots. Distances to on site and off site structures as well as property lines shall be indicated to facilitate review and compliance. (Ord. 2012-02, 2-21-2012; amd. Ord. 2019-01, 3-5-2019)

Before any required building permits may be issued, appropriate building construction plans shall be submitted to the City for review and compliance with Building Codes, along with any applicable building permit fees. Periodic property inspections may be necessary to determine compliance with residential chicken standards, as may be deemed appropriate by City staff. Residential chicken permits may be revoked for noncompliance with the standards stated herein. (Ord. 2012-02, 2-21-2012)

Residential chickens and egg production in Residential Zones is not transferable. Upon sale of the home or the change of primary occupant, the approval for residential chickens shall expire, unless otherwise renewed by the new owner or tenant. A renewed application and permit shall be required if previously approved residential chickens and egg production is discontinued for more than one year by the property occupant. (Ord. 2012-02, 2-21-2012)

Accessory living units, as defined in section 17.08.010 of this title, may be approved in order to provide affordable housing units, economic relief to homeowners, and create housing types appropriate for households and individuals at a variety of stages in the life cycle. The Accessory Living Unit Floating Zone provides regulations and design standards for accessory living units. Acceptable accessory living units shall be one of the following three (3) types (see section 17.08.010 of this title for definitions):

Accessory apartments.

Extended living areas.

Guesthouses. (Ord. 2010-09, 4-17-2012)

The use of the Accessory Living Unit Floating Zone may only be established in conformance with the review procedures of this section. Applicants shall follow the procedures, requirements, and standards of this Code. The use of the Accessory Living Unit Floating Zone shall be conducted in accordance with the documents submitted for approval. (Ord. 2010-09, 4-17-2012)

A. Planning Department Approval: All accessory apartments and guesthouses shall require the approval of the Planning Department. A site plan shall be submitted to the Planning Department, drawn to scale and clearly showing the location of all existing and new structures, parking, driveways, and walkways. A floor plan shall be submitted, drawn to scale with room labels and indicating designated use, in order to determine compliance with the requirements herein.

Extended living areas may be allowed by the underlying zone and do not need additional approval for the use itself by the Planning Department, however a building permit may still be required whenever construction is involved. (Ord. 2010-09, 4-17-2012; amd. Ord. 2019-01, 3-5-2019)

1. Resident Occupancy: All accessory living units approved under this section 17.130.030 require that the owner of the property live within the primary dwelling, except for legitimate temporary absences.

a. Accessory Apartments: The owner of the property on which an accessory apartment has been approved may occupy the primary dwelling unit or the accessory apartment.

b. Guesthouses: The owner of the property shall be required to live in the primary dwelling on the property for which the guesthouse is approved. (Ord. 2010-09, 4-17-2012)

2. Standards: The Planning Department may approve accessory living units based upon the following standards being met: (Ord. 2010-09, 4-17-2012; amd. Ord. 2019-01, 3-5-2019)

a. Zoning: The Accessory Living Unit Floating Zone may be applied to single-family dwellings in the following zones: A-5, A-1, R-1.8, R-2.5, R-3, R-4 and R-5. Guesthouses shall only be approved in the A-5, A-1, and R-1.8 Zones. In no case shall a guesthouse be approved on a single-family lot that is less than fourteen thousand five hundred twenty (14,520) square feet in area. Except for standards herein allowed under the Accessory Living Unit Floating Zone, approved accessory living units shall meet the requirements of the underlying zone. Only one accessory apartment or guesthouse is allowed per lot. Accessory living units are not allowed in conjunction with mobile homes or any form of attached housing units.

b. Maximum Size: The floor space of an accessory living unit shall comprise no more than thirty five percent (35%) of the living area of the primary dwelling or be greater than one thousand five hundred (1,500) square feet, whichever is less, unless, in the opinion of the Planning Commission, a greater amount of floor area is warranted. In all cases an accessory living unit shall remain subordinate and incidental to the primary dwelling. No accessory living unit shall have more than three (3) bedrooms.

c. Parking: A minimum of one off street parking space, in addition to those already required, shall be provided for accessory living units. Additional spaces shall be provided, as needed, to ensure that all additional occupant vehicles will be accommodated on site, reserving on street parking for visitors.

d. Setbacks: All accessory living units that propose modifications visible from the exterior of the home (i.e., additions and remodels to the primary dwelling, guesthouses) shall comply with the setbacks of the underlying zone or as approved with the subdivision. Guesthouses shall comply with the required setbacks of the underlying zone for an accessory building, however, in no case shall a guesthouse be located closer than ten feet (10') from a side or rear property line. (Ord. 2010-09, 4-17-2012)

3. Approval Letter: For all approved accessory living units, a letter shall be required from the owner, and sworn before a public notary, stating that the owner will comply with all regulations of the Accessory Living Unit Floating Zone and will occupy the property. The letter shall also state that the owner assumes responsibility to comply with further restrictions that may be imposed by a homeowners' association and/or codes, covenants, and restrictions (CC&Rs). Upon approval of the accessory living unit, the original letter shall be stamped, documenting approval, and kept on file with the Planning Department. A copy may be provided to the homeowner.

B. Building Permit Requirements: In addition to the approval required from the Planning Department, all accessory living units that propose construction or remodeling shall require a building permit from the Building Division and shall conform to all applicable standards in the City's adopted Building Codes. The applicant shall obtain all necessary building permits and pay applicable fees prior to construction, remodeling, or use of any accessory living unit. Accessory living units shall not be approved on properties that have outstanding ordinance or building violations. Floor plans, architectural elevations, and structural calculations, as may be required, shall be submitted to the Building Division. (Ord. 2010-09, 4-17-2012; amd. Ord. 2019-01, 3-5-2019)

C. Planning Commission Approval: In addition to the requirements of subsections A and B of this section, accessory living units that propose a floor area greater than thirty five percent (35%) of the living area for the primary dwelling or one thousand five hundred (1,500) square feet, accessory apartments that propose the alteration of the exterior or expansion of the primary dwelling (including the addition of doors, stairs, walkways, etc.), and all guesthouses shall require review and approval by the Planning Commission.

1. Standards: The Planning Commission may approve accessory living units affecting the exterior of the primary structure or lot based on the following standards:

a. Exterior Appearance: Any new construction or alteration of the exterior of the existing structure required to add an accessory living unit shall be designed so that the appearance of the lot, building structure, and landscaping shall retain the character of a single-family neighborhood.

b. Architectural Compatibility: An accessory living unit with proposed construction or remodeling shall be designed and constructed to be compatible with the exterior of the primary dwelling (i.e., exterior materials, colors, roof pitch, etc.).

c. Additional Requirements: The Planning Commission may impose other appropriate requirements, more stringent than those requirements contained within this section 17.130.030, if deemed necessary to ensure the public health, safety, and welfare. (Ord. 2010-09, 4-17-2012)

The installation of separate utility meters, mailboxes, addresses, and additional outside entrances visible from the street is not permitted. (Ord. 2010-09, 4-17-2012)

Regardless of an approval granted by the City, accessory living units may be further restricted by homeowners' association agreements and/or codes, covenants, and restrictions (CC&Rs). It is not the City's responsibility to ensure or enforce compliance with such agreements or CC&Rs. Homeowners are responsible to ensure that they are in compliance with applicable homeowners' association agreements and/or CC&Rs. (Ord. 2010-09, 4-17-2012)

Periodic inspections may be required to determine compliance, as may be deemed appropriate by City staff. (Ord. 2010-09, 4-17-2012)

An existing accessory living unit may be approved if the use complies with the requirements of this section 17.130.030. If a certificate of occupancy was not issued at the time of construction or remodeling, the applicant shall apply for a building permit and the chief building official, or his designee, shall inspect the accessory living unit for Code compliance. All documented violations shall be corrected prior to approval of the accessory living unit. Any uses or dwellings which previously conformed to prior ordinances, including having obtained all necessary and applicable permits, but do not now conform due to adoption of this section 17.130.030, shall be permitted to continue as a legal nonconforming use. (Ord. 2010-09, 4-17-2012)

Accessory living unit approval is not transferable. Upon the sale of the home or the change of primary occupant, the approval for an accessory apartment or guesthouse shall expire, unless otherwise renewed by the new owner. (Ord. 2010-09, 4-17-2012)

Decisions by the Planning Department and/or the Planning Commission regarding the issuance or denial of an accessory living unit may be appealed to the Appeals and Variance Hearing Officer. (Ord. 2017-22, 7-18-2017; amd. Ord. 2019-01, 3-5-2019)

The Farm Animal Floating Zone is established to provide regulations and standards for the keeping of animals commonly used in agriculture whether specifically being raised as a food product, for assistance in the production of food products, for its fur or hide or for recreational purposes. The regulations of this section 17.130.040 are intended to prevent these animals from becoming nuisances to occupants of nearby properties and to prevent conditions that are unsanitary and unsafe. The keeping of farm animals is intended for noncommercial or limited commercial purposes. Only the animals specifically listed in this section 17.130.040 will be allowed as regulated by this section 17.130.040. This Floating Zone is intended to encourage sustainable local and family food production, while establishing regulations that control the use of appropriate farm animals in a semirural environment as needed to protect the health, safety, and welfare of the community. Except for standards set forth in this section 17.130.040 or those set forth in section 17.130.020, "Residential Chickens Floating Zone", of this chapter land use and development standards shall meet the requirements of the underlying zone. (Ord. 2011-18, 3-6-2012)

APIARY: A place where bees or beehives are kept, especially when being raised for honey.

BEE COLONY: A group of bees made up of a queen, drones and workers.

BEEHIVE: A frame hive, box hive, box, barrel, log, gum skep, or other artificial or natural receptacle which may be used to house bees.

BEES: Family of bees specifically used in production of honey. Other types of bees such as Africanized bees are considered wild animals and are strictly prohibited from being kept within the City limits.

FARM ANIMAL: A domesticated animal commonly used in agriculture whether specifically being raised as a food product, for assistance in the production of food products, for its fur or hide or for recreational purposes. Unless otherwise approved by the Planning Director, only those animals on the following list are allowed as "farm animals" in the City:

Farm Animal List

Alpaca
Bees
Bison
Burro
Cattle
Chicken
Chinchilla
Donkey
Duck
Elk
Emu
Goat
Goose
Guanaco
Horse
Llama
Miniature horse
Mink
Mule
Ostrich
Pigeon
Pony
Rabbit
Rhea
Sheep
Turkey
Vicuna
Yak

FLYWAY BARRIER: A solid fence or hedge used in beekeeping, at least six feet (6') in height extending ten feet (10') from the hive in each direction. It is used to force bees to fly at least six feet (6') above ground over neighboring property lines.

HONEYBEE: The common honeybee, Apis mellifera species, at any stage of development, but not including the African honeybee, Apis mellifera scutellata species, or any hybrid thereof.

PIGEONS: Any domesticated pigeon kept by hobbyists such as carrier pigeons, homing pigeon, racing homer, tumbling pigeons, release doves and other types that are bred for certain abilities or physical characteristics such as large feathers on the feet or fan shaped tails. Nondomesticated or wild pigeons are not allowed to be kept or bred within the City limits.

WILD ANIMALS: Wild animals as defined in section 6.04.010 of this Code, are strictly prohibited in all zones and are not considered "farm animals". (Ord. 2011-18, 3-6-2012; amd. Ord. 2019-01, 3-5-2019)

A. Standards: The raising of farm animals, as defined by section 17.130.040.020 of this section 17.130.040, on qualifying properties is encouraged when the animals are properly cared for and maintained and the impacts on adjoining properties are adequately considered. The regulations of this section do not apply to bees and pigeons, which are regulated by sections 17.130.040.040 and 17.130.040.050 of this section 17.130.040, respectively. Offspring of allowed animals on the premises not exceeding six (6) months of age are not regulated under this section.

1. Farm animals, as defined by section 17.130.040.020 of this section 17.130.040 and regulated by this section, are only allowed on lots or parcels of not less than one-half (0.50) acre in the A-5, A-1, and R-1.8 Zones, with the exception that chickens may also be allowed in other Residential Zones pursuant to section 17.130.020, "Residential Chickens Floating Zone", of this chapter.

2. Farm animals totaling no more than sixty (60) points per acre, according to the point values listed below, may be kept on a qualifying lot or parcel. Farm animal points allowed per lot or parcel shall be prorated so that each one-hundredth (0.01) of an acre is equivalent to six-tenths (0.6) of a point, except that no points shall be allowed for lots or parcels smaller than one-half (0.50) acre. Farm animals are assigned a point value as follows in the farm animal points table:

Farm Animals		Points
Large:
	Bison	20
	Burro	20
	Cattle	20
	Donkey	20
	Elk	20
	Horse	20
	Mule	20
	Pony	20
	Yak	20
Medium:
	Alpaca	10
	Emu	10
	Guanaco	10
	Llama	10
	Miniature horse	10
	Ostrich	10
	Vicuna	10
Small:
	Goat	5
	Rhea	5
	Sheep	5
	Turkey	5
Very small:
	Chicken	2
	Chinchilla	2
	Duck	2
	Goose	2
	Mink	2
	Rabbit	2

3. Farm animals may be the primary use in an Agricultural Zone, however, farm animals may only be accessory to an allowed use in all other zones as allowed by the requirements of this section.

4. All farm animals shall be confined to the qualifying property to which they are assigned by a fence that is no greater than six feet (6') high, and which is designed, constructed and maintained by the property owner to successfully confine the farm animals to the qualifying property. (Ord. 2016-14, 12-6-2016)

5. The Planning Director may allow a second horse on properties that comply with the regulations of this section and with the following criteria: (Ord. 2016-14, 12-6-2016; amd. Ord. 2019-01, 3-5-2019)

a. The subject property is eligible to have farm animals according to subsection A1 of this section and qualifies for less than forty (40) animal points, according to subsection A2 of this section;

b. All large animals shall be contained in a dedicated area of not less than two thousand (2,000) square feet;

c. Where the subject property is adjacent to a property that does not qualify for farm animals, the dedicated area shall be fenced or shall otherwise contain animals so that no large animal may be kept less than ten feet (10') from the property line;

d. Grain stored for animal feed shall be kept in rodentproof containers;

e. Animal waste shall be collected regularly and, if stored on site, shall be stored not less than forty feet (40') from any property line; and

f. A covered structure with a coverage area of not less than one hundred forty four (144) square feet and a height sufficient to provide shelter to both animals shall be located within the dedicated area.

B. Location: Farm animals may not be kept in any front yard or side yard area on properties that are less than one acre. On properties that are less than one acre, no farm animal may be kept within forty feet (40') of any dwelling unit on an adjacent property that existed prior to the keeping of the animal.

C. Housing Of Farm Animals: If an accessory building is used to house farm animals it shall be constructed to meet all pertinent Building Codes, zoning ordinances and engineering requirements. Such buildings shall be located at least forty feet (40') from any dwelling, or commercial building where food is stored and/or prepared. No building used to house farm animals shall be located in the front yard or street side yard of any property.

The construction of such buildings require a building permit and shall comply with the other zoning requirements of this title including, but not limited to, setback and height requirements.

D. Slaughtering Farm Animals: A farm animal may only be slaughtered on an Agriculturally or Residentially zoned qualifying property if the animal was raised on that property. The area where the slaughter takes place shall be kept clean to prevent health hazards, and may be located in the same building or area where animals are kept or may be a separate building or area. (Ord. 2016-14, 12-6-2016)

E. Animals Not Listed: An animal meeting the definition of a "farm animal", but not shown in the farm animal list can be submitted to the Planning Department for determination of whether the animal will be allowed, otherwise animals not listed are prohibited. The Planning Director will determine the following: (Ord. 2016-14, 12-6-2016; amd. Ord. 2019-01, 3-5-2019)

1. Whether the animal meets the definition of "farm animal" found in this section 17.130.040.

2. Point value to be assigned to the proposed animal.

F. Nuisances: If the animals are determined to be a nuisance in accordance with title 8, chapter 8.24 of this Code or applicable State law, they may be ordered removed from the property to remedy the problem. (Ord. 2016-14, 12-6-2016)

Honeybees may be kept as an accessory use on residential lots that are a minimum of one-fourth (¹/₄) acre in area. The number of honeybee colonies allowed on lots is as follows:

Lot Size	Number Of Colonies
1/4 acre to 1/2 acre	2
1/2 acre to 1 acre	4
Over 1 acre	1 additional colony for each additional 1/2 acre increment

Honeybee colonies shall be kept in hives with removable frames which shall be kept in sound and usable condition. Each person keeping bees is required to register and obtain a license from the Utah Department of Agriculture and Food. Other regulations (State and Federal), such as those found in chapter 11, title 4 of the Utah State Code, are to be followed as well.

A. Location: Hives may not be located in the front or the street side yard of any property. Hives shall be located at least twenty five feet (25') from any adjoining property line or public street if not shielded by a "flyway barrier". If shielded the required setback shall be ten feet (10') from all property lines or public street. Hives shall be properly shielded from any adjacent night lighting on adjoining properties. The shielding shall be the bee owner's responsibility as to prevent bees from being attracted to neighboring properties and to prevent creation of nuisance conditions for the neighboring property owners.

B. Location Restrictions: Beehives may not be located within five hundred feet (500') of a public or private school property. Beehives and/or apiaries may not be located in water source recharge areas and protection zones in accordance with title 16, chapter 16.50 of this Code.

C. Fences And Shrubs: For any beehive located within twenty five feet (25') of a property line, a solid fence or dense hedge, known as a "flyway barrier", at least six feet (6') in height, shall be placed along the side of the beehive that contains the entrance to the hive, and shall extend at least ten feet (10') from the hive in any direction along adjacent property lines. No such flyway barrier shall be required if a hive is located at least twenty five feet (25') from any property line or public street.

D. Design And Water Supply: Hives shall not exceed seven feet (7') in overall height above ground level. This includes all brooders, supers, stands and any other components of the hive. Hives shall be oriented away from the nearest property line. A supply of fresh water shall be maintained on owner's property where it is readily accessible for bees to prevent them from congregating at neighboring swimming pools or other sources of water on nearby properties.

E. Nuisance: Bees and associated beehives may be ordered removed from property if they are determined to be a nuisance in accordance with title 8, chapter 8.24 of this Code or applicable State law. (Ord. 2011-18, 3-6-2012)

Domesticated pigeons may be kept as an accessory use on single-family residential lots that are a minimum of one-third (¹/₃) acre in area within the A-5, A-1, R-1.8, R-2.5 and R-3 Zones and in accordance with the following requirements:

A. Restrictions: The following restrictions shall apply to the keeping and raising of pigeons:

1. No more than forty (40) pigeons may be kept on any property in the City. Pigeons under four (4) months in age are not regulated under this section.

2. Pigeons are to be kept in a coop or similar structure. A permit shall be required for the construction of the coop or structure.

3. Pigeon coops or other structures designed to house pigeons may not be located in the front or the street side yard of any property.

4. Pigeon coops or other structures designed to house pigeons shall be located at least forty feet (40') from any dwelling other than the pigeon owner's dwelling.

5. The coop or structure where the pigeons are kept shall be maintained in a sanitary condition and in compliance with all applicable health regulations and:

a. All droppings within the coop and the enclosure shall be cleaned out at least once a week.

b. Coops or structures where the pigeons are kept must be thoroughly cleaned with a standard disinfectant at least once per calendar quarter.

c. Coops or structures where the pigeons are kept must be kept free from standing water and odor free.

d. All feed shall be stored in containers preventing intrusion by rodents and other vermin.

e. Dead birds shall be removed within twenty four (24) hours or less and shall be properly disposed of.

6. Food and water for the pigeons shall be kept within the coop or structure where the pigeons are kept and not stored or scattered outside so as to attract other pigeons in excess of what is permitted on the property.

7. Pigeons shall be banded and registered with one of the National Pigeon Associations/Registries.

B. Nuisance: Pigeons and associated coops and structures may be ordered removed from property if they are not maintained as required by this chapter or if they are determined to be a nuisance in accordance with title 8, chapter 8.24 of this Code or applicable State law. (Ord. 2011-18, 3-6-2012)

The regulation of wild animals is found in title 6, chapter 6.08 of this Code. (Ord. 2011-18, 3-6-2012)

The purpose of the Planned Development Floating Zone (PD) is to allow for flexibility in the application of zoning regulations and development provisions of this title to advance a public interest through prescriptive requirements of a development plan and development agreement approved by the City Council. The PD may be applied to specific geographical areas ("districts") in circumstances that address a unique situation, confer a substantial benefit to the City, or incorporate design elements or a mixture of uses that represent a significant improvement in quality over what could otherwise be accomplished by standard zoning and development provisions. Such circumstances may include, but are not limited to: improvements in open space and amenities, environmental and resource preservation, tree and vegetation protection, slope accommodations, improved infrastructure efficiency, exceptional and innovative site or building design, increased public benefits, and complementary integrated land uses. The City Council shall consider the purpose of the base zone and the impacts on and from surrounding properties when approving a PD District. (Ord. 2016-05, 5-3-2016)

A. Procedure:

1. Concept: A concept plan, that includes a preliminary site layout, basic sketches of proposed buildings, and a general understanding of proposed uses, shall be submitted for City Council review. Applicants are encouraged to work with staff prior to application to achieve an understanding of the surrounding area, the purpose of the base zone, and the goals and policies of the City's general plan. The Council shall provide advisory comments and recommendation regarding the concept plan to assist in the preparation of the development plan according to subsection B of this section. No action will be taken by the Council, and comments and recommendations will not obligate, compel, or constrain future action by the Council.

2. Rezone: A PD District shall only be established upon approval by the City Council as a rezone according to the provisions of chapter 17.22, "Zoning Amendments", of this title and as may be required elsewhere in this title, except that the requirement for a conceptual plan in subsection 17.22.030D of this title shall be replaced with a development plan according to subsection B of this section. The development plan shall be approved by development agreement in conjunction with the rezoning approval. (Ord. 2016-05, 5-3-2016)

3. Concurrent Site Plan Or Preliminary Subdivision (Optional): At the applicant's option and with the approval of the Planning Director, the applicant may submit a site plan application and/or preliminary subdivision application to be processed concurrently with a PD rezone. In the case of concurrent applications, Planning Commission approval of a concurrent site plan and/or preliminary subdivision shall be contingent on the City Council's approval of the PD rezone. (Ord. 2016-05, 5-3-2016; amd. Ord. 2019-01, 3-5-2019)

B. Development Plan Requirements:

1. A written statement shall be provided that explains the intent of the proposal, explains how the PD provisions will be met, and identifies the requested revisions to standard zoning and development provisions.

2. A map and other textual or graphic materials as necessary to define the geographical boundaries of the area to which the requested PD District would apply.

3. A development plan shall also include:

a. Site plan/conceptual subdivision plan;

b. Circulation and access plan;

c. Building elevations, materials, and colors;

d. Landscape and open space plan;

e. Signage plan;

f. Lighting plan; and

g. Allowed uses.

C. Prohibited:

1. Sexually oriented businesses shall not be allowed in a PD District where otherwise prohibited by this Code.

2. A PD District shall not be approved in the P-C Zone or Single-Family Residential Zones (R-1.8, R-2.5, R-3, R-4, R-5).

D. Effect Of Approval:

1. All of the provisions of this Code, including those of the base zone, shall be in full force and effect, unless such provisions are expressly waived or modified by the approved development plan and/or development agreement.

2. An approved PD District shall be shown on the zoning map by a "-PD" designation after the designation of the base zone district.

3. No permits for development within an approved PD District shall be issued by the City unless the development complies with the approved development plan. (Ord. 2016-05, 5-3-2016)

4. The Planning Director may authorize minor deviations from an approved development plan to resolve conflicting provisions or when necessary for technical or engineering considerations. Such minor deviations shall not affect the vested rights of the PD District and shall not impose increased impacts on surrounding properties. (Ord. 2016-05, 5-3-2016; amd. Ord. 2019-01, 3-5-2019)

E. Vested Rights:

1. A property right that has been vested through approval of a PD District shall remain vested for a period of three (3) years or upon substantial commencement of the project. A property right may be vested, or an extension of a vested property right may be granted, for a period greater than three (3) years only if approved by the City Council through an approved PD District. (Ord. 2016-05, 5-3-2016)

2. Substantial commencement shall be the installation of infrastructure, a building having started construction, or as determined by the Planning Director based on significant progress otherwise demonstrated by the applicant. A project that has not substantially commenced may, at the discretion of the property owner, develop according to the base zone. A project that has substantially commenced shall not deviate, in whole or in part, from the approved PD District, unless amended per section 17.130.050.030 of this section 17.130.050. (Ord. 2016-05, 5-3-2016; amd. Ord. 2019-01, 3-5-2019)

Any application to amend an approved PD District shall be processed as a zone text amendment, except that an application to extend the district boundaries shall be processed as a rezone. Any amendment to an approved PD District requires that the corresponding development agreement also be amended. (Ord. 2016-05, 5-3-2016)