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City Attorney

Roger Baker
Tooele City Attorney

90 North Main Street
Tooele, UT 84074

Phone: 435.843.2120
Fax: 435.843.2129

Title 7. Chapter 11a. Design Standards: Multi-Family Residential

7-11a-1. Defined Terms

The following terms, as used in this Chapter, shall be defined as follows:

(1) “Alcove” means a recess or small room connected to or forming part of a larger room.

(2) “Arch” means a curved structure for spanning an opening, designed to support a vertical load.

(3) “CC&Rs” means covenants, conditions, and restrictions.

(4) “Column” means a pillar with a cylindrical shaft.

(5) “Common Area” means Project areas that are commonly owned and/or commonly used by Project residents, that allow for recreational and leisure activities, that are located generally interior to, between and around buildings. Areas and items not included in Common Area include parking areas, roadways, dumpster pads and enclosures, equipment pads, and other developed, non-landscaped areas. See Figure 1 for examples of Common Area.

(6) “Context and Setting” means that set of existing natural and manmade landmarks and structures adjacent to and near a proposed Project.

(7) ” Department” means the Community Development Department or successor department.

(8) “Design Elements” means factors, features, elements, and considerations related to building and Project design.

(9) “Director” means the director of the Community Development Department, or designee.

(10) “Dry-Scape” means landscaped areas, plants, and materials that do not require more than drip irrigation, and includes the term “Xeriscape.” “Dry-Scape” is not intended to be and does not include a waterless design.

(11) “Elements” has the same meaning as “Design Elements”.

(12) “Eave” means the underside or lower edge of a roof overhang.

(13) “Facade” means a two dimensional view of any building face.

(14) “Gable” means a triangular section of wall at the end of a pitched roof, or a triangular ornamental seat over a window or door.

(15) “Gambrel” means a ridged roof divided on each side into a shallower slope above a steeper one.

(16) “Keystone” means the wedge-shaped element at the center, crown, or top of an arch, serving to lock all of the other elements of the arch into place.

(17) “Land Use Plan” means the Land Use Element of the current Tooele City General Plan.

(18) “Landmarks” means off-Project items or structures of visual prominence that are associated with a certain geographic area or development.

(19) “Lintel” means a beam supporting the weight above a door or window.

(20) “Net Developable Area” means the entire Site minus areas dedicated for public rights-of-way, interior roads, dumpster enclosures, and pathways.

(21) “Pediment” means a wide, low-pitched gable, usually over an entry.

(22) “Pier” means a vertical support structure such as a wall between two openings.

(23) “Pilaster” means a rectangular column, projecting slightly from the wall.

(24) “Pillar” means an upright, relatively slender shaft or structure used as a support or standing alone as a monument.

(25) “Porch” means an exterior appendage to a building forming a covered approach or vestibule to a doorway.

(26) “Portico” means a porch or walkway with a roof supported by columns often leading to the entrance of a building.

(27) “Pre-existing” means in place or in effect prior to the date of Project Application.

(28) “Project” means the full scope of a multi-family residential development project, including, but not limited to, site improvements, associated off-site and right-of-way improvements, buildings and Common Areas.

(29) “Project Plan” means that set of documents comprising an Application for a Multi-Family residential development Project, including, but not limited to, all information and documents required by this Chapter.

(30) “Shutter” means a louvered awning which is angled to shade a window from direct sunlight and glare while preserving the outside view and admitting soft, diffused light.

(31) “Standards” means the Multi-Family Residential Design Standards contained in this Chapter.

(32) “Surrounding Property” means all properties touching, adjacent to, affected by, or generally within the area of a Project.

(33) “Trim” means a finished woodwork or the like used to decorate, border, or protect the edges of openings or surfaces.

(34) “Wainscot” means a facing of finish material which typically covers the lower portion of a wall.

(Ord. 2019-08, 03-20-2019) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)

7-11a-2. Purpose and Scope

(1) Purpose. The purpose of this Chapter is to establish minimum development standards for Projects that include multi-family dwellings. These standards are intended to ensure that such development is well-buffered from and compatible with adjacent property, serves the needs of occupants thereof, and retains long-term viability and quality through economies of scale. Further, the purposes of the Standards include the following:

(a) To achieve the goals and objectives of the General Plan.

(b) To implement the policies of the General Plan, including the principles stated in the Land Use Plan.

(c) To guide the general configuration and appearance of buildings and Projects consistent with the General Plan.

(d) To preserve the valuations of buildings and Projects, as well as the valuations of the Surrounding Properties.

(e) To encourage an aesthetic appearance that serves to achieve the goals, objectives, policies, and principles of the General Plan and this Chapter.

(f) To provide a fair, equitable, and predictable process for the evaluation of Project applications.

(g) To improve the quality of life of multi-family residents by improving the quality of Projects and buildings.

(h) To recognize the fact that architectural and design considerations have a significant impact on the quality of life of Multi-Family residents and on property valuations.

(i) To recognize the distinct geographic, historical, and other contexts that make Tooele City unique, and to encourage Multi-Family development to do the same through building and Project design.

(2) Scope.

(a) The requirements of this Chapter shall apply to all Projects that include multi-family dwellings. This includes but is not limited to residential condominium projects, townhomes, apartments, or other housing types located within any development, subdivision or project within the City.

(b) The requirements of this Chapter are intended to apply to all Projects that include multi-family dwellings in addition to all other applicable regulations, and the requirements of this Chapter shall not be construed to prohibit or limit other applicable provisions of this Title, the Tooele City Code and other laws. In the event of a conflict between the provisions of this Chapter and any other provisions of this Title, the Tooele City Code or other law, the more restrictive regulation shall apply.

(3) Multi-Family Residential Dwellings Directly Associated with Residential Support Programs.

(a) Notwithstanding anything to the contrary, the multi-family residential component of a project that qualifies as a Residential Support Program, as defined  by Utah State Code, will be subject to the modified standards set forth in subsection 7-11a-2(3)(b) below provided that:

(i) the project has a fully executed Federal Low-Income Housing Tax Credit Reservation Agreement with Utah Housing Corporation or the current Federal Low-Income Housing Tax Credit allocating agency for the State of Utah;

(ii) the project conforms to the density requirements for the zone in which the project is located; and,

(iii) the project conforms to all other multi-family residential design standards as set forth in Chapter 7-11a.

(b) Projects meeting the requirements set out in subsections 7-11a-2(3)(a)(i) through (iii) will have the following modified standards:

(i) the project may include studio units with a minimum size of 400 square feet each;

(ii) the project may include one-bedroom units with a minimum size of 575 square feet each;

(iii) the project may include two-bedroom units with a minimum size of 800 square feet each; and,

(iv) the parking ratio applicable to the project shall be 1 uncovered stalls per unit.

(Ord. 2021-35, 09-15-2021) (Ord. 2019-08, 03-20-2019) (Ord. 2005-05, 03-02-2005)

7-11a-3. General Provisions

(1) Development Standards. All multi-family Projects shall be subject to the terms and regulations of this Chapter as set forth in this Section and shall comply with the development standards contained in this Chapter.

(2) The purposes of the standards do not include an intent to arbitrarily dictate color, materials, style, theme, and other similar considerations, but to provide parameters within which the above purposes can be fulfilled.

(3) Nothing in this Chapter shall be construed to limit the City’s exaction authority.

(4) Each Project shall include the creation of an association, or other legal mechanism acceptable to the City, with responsibility for, and authority to require and enforce, the permanent maintenance of all common ownership areas, including but not limited to amenities, landscaping and fences, in good condition so as to present a healthy, neat, and orderly appearance.

(Ord. 2019-08, 03-20-2019) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)

7-11a-4. Project Application, Procedure

(1) Any person desiring to develop a Multi-Family Project shall submit to the Department a completed Application and Project Plan in conformance with Tooele City Code Chapter 7-11, Site Plan and Design Review.

(2) The Application shall consist of the following information and documents, among others:

(a) Site plan showing the Project, including the configuration of all buildings and other improvements.

(b) Site plan showing the Project and all existing public improvements, utilities, and structures within a distance of 150 feet from any Project property line.

(c) Architectural rendering showing the Project and the configuration of buildings and other improvements.

(d) Architectural rendering showing building elevations including all exterior details, proposed color schemes, and Design Elements.

(e) Architectural rendering showing the Project and all existing public improvements, utilities, and structures within a distance of 150 feet from any Project property line.

(f) All building floor plans anticipated to be used.

(g) Landscape plan which illustrates lighting accommodation for automobile and pedestrian networks and amenities.

(h) Lighting plan.

(i) Parking plan.

(j) Signage plan.

(k) Pedestrian pathway and wheelchair access plan.

(l) Storm water management plan.

(m) Plans identifying at least the following:

(i) location of existing or planned utilities including street lights, utility boxes, mail boxes, fire hydrants, electric meters, gas meters;

(ii) street centerline, curb, gutter, sidewalk;

(iii) property lines;

(iv) required setbacks;

(v) dimensioned curb cuts and driveways; and,

(vi) existing and proposed grades with two- foot contours.

(n) Condominium CC&Rs, if the building contains dwelling units for sale.

(o) Form of Project common ownership agreement if not covered by the CC&Rs.

(p) Other information and documents reasonably required by the Department.

(q) All schematics and drawings shall be to a scale of 100 feet to the inch, but additional schematics of higher or lower scales may be submitted.

(r) A final proposed color palette for all buildings, structures and fencing within the project.

(3) An Application that does not contain all of the information required by this Chapter, including the payment of application fees, shall be deemed incomplete, and shall not constitute a Project Plan, and shall not be accepted.

(4) A Project Plan shall include consideration of the following Project site design Elements, among others:

(a) The coordination and integration of internal pedestrian, bicycle, and vehicular circulation routes, parking areas, and building entries.

(b) The arrangement and adequacy of on-site and off-street parking.

(c) The location and dimensions of dumpsters and other similar structures.

(d) The location, type, and dimensions of walls and fences.

(e) The coordination of the Project with existing or planned right-of-way alignments and street improvements.

(f) Sight distances from and to Project streets and driveways.

(5) A Project Plan shall include consideration of the following Project landscape Design Elements, among others:

(a) The manner in which challenges and questions regarding sensitive lands, as defined in Tooele City Code Chapter 7-12, will be avoided, mitigated, or otherwise resolved.

(b) The manner in which Project landscaping will conceal or screen unsightly areas, including ground-mounted utility infrastructure.

(c) The location and types of hedges and other screen plantings.

(d) The manner in which the finish landscaping will be maintained.

(e) The manner in which sound and sight buffers will be incorporated both within the Project and on the Surrounding Property.

(f) The manner in which Common Area will be incorporated relative to buildings, parking areas, and internal circulation.

(6) A Project Plan shall include consideration of the following Project site grading and drainage Elements, among others:

(a) The manner in which on-site grading and drainage provides slope and soil stabilization, prevents erosion, and minimizes off-site impact.

(b) Plans for soil removal, fill work, retainage, soil stabilization, and erosion control.

(c) Plans for plantings, ground covers, and/or shrubbery as a means to prevent dust, stabilize soils, and control erosion.

(d) Integration and preservation of existing and proposed storm drainage ways, channels, and culverts.

(e) The maintenance of drainageways, channels, and culverts on and through the Project.

(7) A Project Plan shall include consideration of the following Project utility Elements:

(a) The incorporation of utility systems in a manner that does not detract from building or Project appearance.

(b) The size, location, and maintenance of service systems.

(c) The location of electrical and telephone service systems.

(d) The location and screening of transformers and pad-mount mechanical and electrical equipment.

(e) The location and sizes of all utility lines, manholes, poles, underground cables, gas lines, wells, and similar installations and facilities.

(f) Utility service systems maintenance.

(8) At the time of Application, a Project applicant shall pay all site plan review and other fees approved by Resolution of the City Council.

(Ord. 2019-08, 03-20-2019) (Ord. 2005-05, 03-02-2005)

7-11a-5. Context and Setting

(1) Projects shall be designed so as to preserve and incorporate the Site’s natural features and other features contributing to a Project’s Context and Setting, such as, natural grade, natural vegetation, natural storm water and flood, proximity to historical structures and areas, and the Surrounding Property (e.g., zoning, existing development).

(2) Projects shall be designed so as to recognize existing natural and manmade Elements and Landmarks, where such Elements and Landmarks are consistent with the Purposes of this Chapter, by including in the Project Plan such Elements as are similar in appearance, design, and purpose.

(3) A Project shall be designed so as to possess a functional relationship of the Project to its Context and Setting.

(4) A Project incorporating existing registered historical structures shall utilize the historical features, aesthetic elements, design, and architectural elements in redevelopment. Adjacent projects are encouraged to incorporate the same into adjacent developments.

(Ord. 2019-08, 03-20-2019) (Ord 2018-13, 08-15-2018) (Ord. 2005-05, 03-02-2005)

7-11a-6. Design Standards: Building Orientation

(1) As a general rule, buildings shall be oriented to the public rights-of-way and to internal circulation systems, in that order of priority.

(2) For energy efficiency and resident comfort, buildings shall be oriented so as to minimize east/west exposures and should utilize landscaping to create shade as a heat control mechanism.

(3) Buildings and other structures shall be placed in a manner so as to minimize impairment to lines-of-sight for pedestrian, bicycle, and vehicular traffic.

(4) Common Areas shall be located between all buildings so as to encourage relatively even building distribution on the Site and to discourage concentration of buildings on any part of the Site. See Figure 1 for examples of Common Areas.

(5) Setbacks for Multi-family dwelling buildings shall be within the range of ten to 20 feet from the edge of the public or private right-of-way. Variation in setback shall also be provided from internal roads and parking areas according to the same standard.

(a) No more than 25% of buildings along the same frontage shall be allowed at the minimum of the setback range.

(b) Variation in setback shall be not less than five feet between adjacent buildings along the same setback.

(c) For projects with front loading garages and driveways, the garage door shall be setback at 20 feet from the right-of-way or accessing road to allow for tandem driveway parking.

(d) The setback range shall be 15 feet to 30 feet when:

(i) the proposed structure is three or more stories; or

(ii) the project is adjacent to an existing or proposed arterial or collector street as shown on the Master Transportation Plan.

(e) Development on corner lots shall comply with the provisions of Section 7-2-11 of the Tooele City Code in which the sight line at an intersection shall not be obstructed.

(f) Setbacks between buildings shall not be less than one-half of the total height of the taller of the buildings between which the measurement applies as measured from finished grade to the peak of the roof pitch.

(Ord. 2019-08, 03-20-2019) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)

7-11a-7. Design Standards: Vertical Alignment

(1) Building rooflines shall be distinguished by incorporating alignment elements, such as:

(a) stair-stepped rise and/or fall in the roofline;

(b) castle-top rise and fall in the roofline;

(c) roof pitch;

(d) gable; and,

(e) gambrel windows.

(2) Unit Definition. Multi-family buildings shall include design features that differentiate adjoining units and create identity for each unit. This goal shall be achieved through the following requirements:

(a) Multi-family Projects shall include a variety of unit sizes.

(b) Multi-family Projects shall include a variety of heights which may include roofline stair-steps or castle-top rises.

(i) Long, continuous rooflines greater than 50 feet shall not be permitted.

(ii) To encourage height variation, multi-family buildings shall be allowed to exceed the maximum allowable height by no more than three feet for no more than 50% of the building’s units, except that in no event shall structures adjacent to a less intensive land use exceed the maximum allowable height within 50 feet of the Project boundary line adjacent to the less intense land use.

(3) Each roofline stair-step or castle-top rise and/or fall shall be at least 24 inches in height.

(4) See Photo Group 1 for examples of Roofline Alignment Elements.

(5) Rooftop heating, air conditioning, and other mechanical equipment shall be screened from the view of pedestrians or drivers from a horizontal distance of not less than 200 feet in all directions from buildings, at street level, with screening materials, design, and color similar to the supporting rooftop.

(6) Vent stacks, pipes, and other similar features shall be black or of a color similar to the supporting rooftop.

(7) Roofs and gables shall have a slope of at least a 1-to-4 ratio, or 22.5 degrees. Shallower or flat roofs are prohibited.

(Ord. 2019-08, 03-20-2019) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)

7-11a-8. Design Standards: Horizontal Alignment, Facades

(1) Front building facades, and rear facades of buildings backing onto a public street, shall be articulated by incorporating wall projections and recesses, AND at least two of the following horizontal alignment elements, as described in this Section:

(a) Vertical elements. See Photo Group 3 for examples.

(i) Two or more pillars, columns, pilasters, or other similar Vertical Elements, of at least 18 inches each in width; and,

(ii) Corner treatments such as quoins, columns, pilasters or other Design Elements. See Photo Group 4 for examples.

(b) Wainscot.

(c) Windows and balconies.

(2) Side building facades shall incorporate wainscot where wainscot is incorporated on any other building facade, and incorporating at least one window per dwelling unit, as described in this Section.

(3) Wall projections and recesses. See Photo Group 2 for examples.

(a) Wall projections and recesses are sections of building facade that project out from the front vertical plane of the building, or recess into the front horizontal plane of the building.

(b) Dimensions.

(i) Projecting and recessed facade sections shall be at least as wide as a dwelling unit on the first fully or partially above-ground building floor.

(ii) Each facade projection and/or recess shall be at least 24 inches deep.

(c) Quantity. The number of projecting and/or recessed front facade sections shall be as follows:

(i) At least one for buildings with three or less dwelling units on any building story.

(ii) At least two for buildings with four or five dwelling units on any building story.

(iii) At least three for buildings with six or more dwellings units on any building story.

(4) Wainscot. See Photo Group 5 for examples.

(a) Wainscot and trim along the entire building facade.

(b) The wall areas above and below the wainscot trim shall be of different colors and/or materials.

(5) Windows and Balconies. See Photo Group 6 for examples.

(a) Bay and/or box windows: at least one in the front building facade for each one ground-floor dwelling unit.

(b) Balconies: at least one for each one dwelling unit above the ground floor.

(6) For purposes of this Chapter, covered dwelling unit entrances are not considered horizontal alignment elements.

(7) There shall be a roof overhang at the eaves and gable ends of not less than 12 inches, excluding rain gutters, measured from the vertical sides of the building. The roof overhang requirement shall not apply to areas above porches, alcoves, and other appendages.

(8) Exposed foundation walls shall not exceed four feet above the finished grade at any point along the foundation.

(9) Rear and side building facades that face upon a public street shall be designed as though a front facade.

(10) Townhouse or other in-line oriented multi-family unit buildings shall have no more than eight contiguous units without a separation in the building of at least the minimum side yard setback prescribed by the zoning district or the structural separation required by the Building Code, whichever is greater. Buildings containing apartment, condominium or other horizontally and vertically contiguous multi-family units shall be allowed up to 16 ground floor units with a maximum of eight ground floor units along any one building facade.

(Ord. 2019-08, 03-20-2019)(Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)

7-11a-9. Design Standards: Windows

(1) Front facade windows, and rear facade windows of buildings backing onto a public street, shall include the use of one or more of the following window elements:

(a) Shutters, of a color different than the wall sections adjacent to the shutters, and/or

(b) At least one of the following window trim elements:

(i) Trim, at least four inches in width, of a color different than the wall sections surrounding the window, and/or

(ii) Arches and trim, at least four inches in width, of a color different than the wall sections surrounding the window, and/or

(iii) Lintels, of a color different than the wall sections surrounding the windows.

(2) Windows on facades other than those described in the previous Subsection shall include trim, at least two inches in width, of a color different than the wall sections surrounding the window.

(3) See Photo Group 7 for examples.

(4) For all Design Elements identified in this Chapter that require a calculation of a facade area, windows shall be excluded from that area calculation.

(Ord. 2019-08, 03-20-2019) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)

7-11a-10. Design Standards: Building and Dwelling Unit Entries

(1) All open building entries (i.e., without doors) shall be clearly designated with lighted directional and/or building identification signage.

(2) All closed building entries (i.e., with doors) and dwelling unit entries located on exposed building facades (i.e., not located on a breeze-way internal to a building or between otherwise connected buildings) shall be covered with a portico, pediment, or similar covering that is architecturally integrated into, not merely attached to, a building. See Photo Group 8 for examples. Covers shall be of dimensions sufficient to cover one person standing at the entry.

(3) All dwelling unit entries shall utilize trim, at least four inches in width, of a color different than the wall sections surrounding the entry.

(4) Building entries shall be directly accessible from a publicly-owned sidewalk or a privately-owned pathway open to the public.

(5) Buildings may not have stairwells or stair cases of more than six stairs leading directly to or from dwelling unit entries.

(6) All multi-family dwelling units that include a front-facing attached garage shall have the garage door be of a color matching that of the color palette of the unit’s front facade.

(Ord. 2020-45, 11-18-2020) (Ord. 2019-08, 03-20-2019) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)

7-11a-11. Design Standards: Project Entrances

(1) All Project vehicular entrances shall include a signed, lighted entry monument identifying the Project. See Photo Group 9 for examples.

(2) Acceptable monument materials include rock, brick, masonry, stucco, and finished wood.

(3) All monuments shall include lighting that illuminates the sign portion of the monument.

(4) Monument sign lettering shall be solid and opaque.

(5) Monument design shall incorporate a variety of plants, including ground cover, flowers, shrubs, and trees.

(6) All Project entrances shall incorporate ADA accessible crosswalks, pathways, and accesses.

(Ord. 2019-08, 03-20-2019) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)

7-11a-12. Design Standards: Landscaping

(1) Purpose: The intent of Project landscaping is to provide a variety of plant materials to give color and texture to the Project, to frame views, to screen undesirable views, and to create areas of public space that encourage positive human interaction.

(2) Design. All landscaping shall be designed by a licensed landscape architect or similarly qualified licensed professional, and installed by a licensed landscaping contractor in accordance with this Chapter and general landscaping industry standards.

(3) Land Use Buffers. Landscaping shall be used as a buffer in areas between multi-family developments and differing adjacent land uses.

(4) Interior Setback. All Projects shall incorporate a landscaped area at least ten feet between buildings and all interior roadways and parking areas. Sidewalks and pathways shall not count towards this requirement.

(5) Percentage. At least 25% of each Site shall be landscaped. This requirement may be reduced to 20% if at least 25% of the 20% landscaping is Dry-Scape.

(6) Quantity. The plantings throughout multi-family Projects are intended to enhance and beautify community appearance and to protect welfare by protecting residents and visitors from the traffic, noise, glare, trash, activity, vibration, odor, visual disorder and other adverse or harmful effects associated with some uses. For the purpose of this Section, a building section shall mean the area between building entrances, the area between a building entrance and the edge of the facade, or the number of horizontal units behind the facade where there are no building entrances. The following shall be required for areas of the Project:

(a) In on-site areas between each building and streets outside of the Project, per building section, exclusive of right-of-way and parkstrip requirements:

(i) along arterial class roads:

A. at least two shade trees and one ornamental tree; and,

B. at least 150 square feet of planting beds containing flowers, shrubs, and non-turf ground cover;

(ii) along major collector class roads:

A. at least two shade trees and one ornamental tree; and,

B. at least 100 square feet of planting beds containing flowers, shrubs, and non-turf ground cover;

(iii) along minor collector class roads:

A. at least two shade trees; and,

B. at least 100 square feet of planting beds containing flowers, shrubs, and non-turf ground cover;

(iv) along local class roads:

A. at least two shade trees; and,

B. at least 75 square feet of planting beds containing flowers, shrubs, and non-turf ground cover;

(b) In areas fronting upon a road which fall between buildings, there shall be at least one tree for every 40 feet of frontage for that area;

(c) In areas around buildings that border on Common Areas:

(i) along a side facade of each building shall have at least one shade tree; and,

(ii) along a rear facade of each building shall have at least two shade trees:

(d) In areas between buildings and parking areas or internal access roads:

(i) along a side facade of each building shall have at least one shade tree; and,

(ii) along a front or rear facade of each building shall have at least two shade trees and planting beds containing flowers, shrubs, and non-turf ground cover that outline the entrance to the building; and,

(e) In areas between buildings and Project boundaries not abutting a street, the requirements shall be the same as those for areas between buildings and a minor collector class street.

(f) Common Areas not immediately adjacent to a building shall have shade trees and planting beds containing flowers, shrubs, and non-turf ground cover to complement usable open amenity areas for residents identified in Section 7-11a-22 of this Title. The number of trees to be provided shall not be less than the number of ground floor dwelling units in the Project and shall be generally distributed throughout the Project but may be clustered in Common Areas to provide open activity areas as identified in Section 7-11a-22 of this Title.

(g) For the purpose of compliance with this Section, townhouse Projects or portions of Projects containing townhomes, may reduce the required landscaping from Subsection (6)(a) herein, along the front and rear facade to not less than one tree and 50% of the required planting bed area but shall include the remainder of this requirement in Common Areas of the Project.

(7) The landscaping plan for a Project shall consist of ground covers, shrubs and planting beds, and trees. Projects shall provide a landscaping plan that consists of at least 25% ground cover that is sod, grass or other surface material that provides a playable surface and a maximum of 75% may be planted with such ground covers. For the purpose of this calculation fall surfaces around play equipment may be considered as a playable ground cover surface.

(8) Types. Landscaping includes trees, shrubs, groundcover, flowerbeds with perennial flowers, Dry-Scape, and grass. New trees shall be at least two-inch caliper measured at the base of the tree and at least six feet in height measured from the top of the root ball. Drought tolerant and water-wise landscaping is encouraged.

(9) Projects shall be designed to incorporate existing mature trees (i.e., ten or more years old, or four-inch caliper trunk measured at the base of the tree). The minimum required number of new trees in any Project area (i.e. Common Area) may be reduced by three for every existing mature tree preserved and incorporated into that area of the Project.

(10) Landscaping used to satisfy any one requirement of this Section shall not be construed to satisfy any other requirement. Each requirement shall be satisfied independent of any other unless otherwise specified.

(11) Irrigation.

(a) All landscaped areas shall incorporate permanent, automated, irrigation systems that shall:

(i) Utilize water consumption reducing mechanisms or devices, such as, low-volume sprinkler heads, drip emitters, and bubbler emitters; and,

(ii) Utilize water saturation sensors or other mechanisms or devices that prevent over-watering; and,

(iii) Irrigate trees and shrubs with drip irrigation; and,

(iv) Reduce wasteful and unnecessary water usage.

(b) Trees and shrubs shall be located in similar water usage demand zones.

(12) Maintenance. Each Project shall include the creation of an association, or other legal mechanism acceptable to the City, with responsibility for, and authority to require and enforce, the permanent maintenance of all landscaping in good condition and free from refuse and debris so as to present a healthy, neat, and orderly appearance.

(a) Dead trees, shrubs, and other plantings shall be replaced within 60 days, or by November 1, whichever is earlier.

(b) Grassy areas shall be treated in a manner so as to discourage weed growth.

(c) For the purposes of compliance with this Chapter, artificial grass which emulates natural grass may be substituted for natural grass provided that maintenance is established for the regular cleaning of the surface and period replacement of the artificial grass as needed.

(13) Parking areas. All landscaped areas shall be separated from parking and drive surfaces by a curb.

(14) Multi-family redevelopment projects within an existing registered historical building shall have no landscaping requirements specific to the historical building beyond those landscaping areas previously established with and around the building. Those previously established landscaping areas shall be developed according to the provisions of this Section.

(15) Detention basins shall be landscaped and maintained as a part of the Project landscaping.

(Ord. 2019-08, 03-20-2019) (Ord. 2018-13, 08-15-2018) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)

7-11a-13. Design Standards: Parking and Internal Circulation

(1) Parking areas shall be contained with in the interior of the Site or under the buildings. Parking areas shall be no closer to a public right-of-way or exterior road than 20 feet or the setback of the closest building to that same road, whichever is greater.

(2) Direct access to parking areas shall be from internal roads, not from a public road.

(3) Parking areas of six or more spaces shall be effectively screened from public streets and Surrounding Property. Screening may be with fencing, berming, or landscaping, which landscaping may be credited to the Common Area landscaping percentage requirements contained in this Chapter.

(4) The predominant view from the public roads shall be buildings, not parking areas.

(5) Parking structures, including enclosed parking, shall utilize materials, colors, and design similar to those of the nearest building.

(6) Covered parking shall utilize colors and design similar to those of the nearest building.

(7) At least one required resident parking space per unit shall be provided as a covered or enclosed parking space. Parking provided within an enclosed building may count towards required parking upon provision ensuring that the enclosed parking must be used for primarily parking.

(8) All required parking for residents and visitors shall be provided within the Project, exclusive of roads and rights-of-way, and:

(a) resident spaces shall be made available to all residents and their visitors as a part of their residency without charge or restriction;

(b) resident spaces may be assigned for the dedicated use of the tenants of specific units;

(c) resident spaces may be restricted from use by non-residents or visitors; and

(d) visitor spaces shall be dispersed throughout the Project.

(9) Rows of parking shall not include more than 12 spaces without a landscaping break of not less than five feet. These breaks are encouraged to include pedestrian pathways where reasonable for access around and through the Project and to buildings.

(10) Roads on the interior of a Project, whether proposed or intended to be public or private, shall comply with Section 4-8-2 of the Tooele City Code. Standards for private roads shall not be subject to the provisions of Section 7-11a-25 herein.

(11) A traffic impact study shall be required for all multi-family Projects planned to contain 50 or more units, or as otherwise required by the City Engineer.

(Ord. 2021-03, 01-20-2021) (Ord. 2019-08, 03-20-2019) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)

7-11a-14. Design Standards: Signage

(1) Tooele City Code Chapter 7-25, regarding signage, shall apply to all Projects except as expressly provide otherwise by this Chapter.

(2) Building signage shall be designed as an integral architectural part of building design.

(3) Project signage. See the Subsection, herein, relating to Project Entrances.

(Ord. 2019-08, 03-20-2019) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)

7-11a-15. Design Standards: Lighting

(1) Security and other lighting shall be sufficient to illuminate every building entrance, pedestrian pathway, and parking area.

(2) Theme Lighting. Lighting and light fixtures utilized throughout the Project to illuminate streets, pathways, parking areas, building entrances, and building facades shall be consistent and thematic in terms of their design, placement, and brightness.

(3) Building lighting. Buildings shall be illuminated with a minimum of one wall-mounted light fixture per ground-floor building and dwelling unit entrance.

(4) Building Area Lighting. Where any building is located more than 30 feet from a public street, additional lighting shall be provided by way of free-standing lighting fixtures located in the Common Area and/or other area between the buildings and public streets.

(5) Common Area. Common Areas shall be lighted to illuminate an area with a radius equal to the distance between the approximate Common Area center and the nearest building by installing lighting fixtures.

(6) Street Lights. If a pre-existing abutting public street is not lighted, the Project Plan shall include regularly-required street lights.

(7) Parking Areas. Each parking area shall be illuminated for safety by installing lighting fixtures, with a maximum fixture height of 16 feet.

(8) Lighting used to satisfy any one requirement of this Section shall not be construed to satisfy any other requirement. Each requirement shall be satisfied independent of any other.

(9) Glare and shielding. All lighting shall be shielded so as not to shine into adjacent buildings or Surrounding Property and to reduce glare and waste.

(10) Light pollution. Lighting shall be designed and installed such that light will not spill onto the Surrounding Property. All exterior lighting shall comply with Tooele City Code Chapter 7-30, regarding light pollution and waste.

(Ord. 2019-08, 03-20-2019) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)

7-11a-16. Design Standards: Utilities

(1) All new utilities shall be placed underground. Pre-existing above-ground utilities located on the Project side of public streets, or on the Site, shall be relocated underground.

(2) Pad-mounted transformers and/or meter box locations shall be screened with landscaping or building materials similar to Project walls, fences, or buildings.

(3) All building and ground-mounted utility infrastructure, such as meters, shutoffs, junction boxes and transformers, shall be coordinated with the respective utility companies such that their final determined locations are shown on the application plans submitted for approval. Such infrastructure shall also be planned for such that their location minimizes their visibility from outside the Project and shall be screened using architectural features or landscaping.

(4) Storm water detention and/or retention facilities shall be incorporated into, and be designed as part of, the landscaping plan.

(Ord. 2019-08, 03-20-2019) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)

7-11a-17. Design Standards: Walls and Fences

(1) The Project perimeter property line shall be fenced, except for the portions of the Project that abut a public street.

(2) Perimeter fencing shall utilize colors and design similar to those utilized for buildings.

(3) Allowed fencing materials include natural or cultured stone masonry, brick masonry, split-faced block masonry, decorative pre-case concrete panel, stucco, vinyl, and other similar materials.

(4) All perimeter fences shall have vertical sections, such as columns or piers, spaced at regular intervals (i.e., between eight and ten feet apart).

(5) Prohibited fencing materials include chain link, barbed wire and other wire materials, wood, and cinder block masonry, except where covered by stucco or brick masonry.

(6) Sight-obscuring privacy fencing shall be provided along Project boundaries abutting properties zoned for or developed with non-multi-family uses. All other Project boundaries, when proposed for fencing, shall be fenced with minimally sight-obscuring fencing, such as split rail fencing, that creates an open and inviting atmosphere with openings that permit access from adjacent streets.

(7) Examples of allowed fencing materials and vertical sections are shown in Photo Group 10.

(Ord. 2019-08, 03-20-2019) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)

7-11a-18. Design Standards: Building Materials

(1) Exterior Finishes. Exterior building materials shall be natural or cultured brick or stone over at least 50% percent of the entire building facade (not including windows and doors), the remaining 50% being brick, stone, stucco, clapboard, wood, block/masonry, and/or vinyl. At least 75% of the 50% shall be on the front building facade. All building facades that face a public right-of-way or exterior street shall utilize at least 40% of these allowable materials.

(2) Roof. Roof materials shall be architectural asphalt or composition shingles (at least 30-year), ceramic or clay tiles, or other long-lived weather-resistant materials.

(Ord. 2019-08, 03-20-2019) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)

7-11a-19. Design Standards: Color

Colors selected for buildings, parking structures, dumpster enclosures, fences, and other structures and materials shall serve to achieve the purposes of the General Plan and this Chapter, particularly earth tone colors, and shall take into consideration a Project’s Context and Setting. Each building facade shall incorporate not less than two colors per elevation, with front building facades and rear building facades facing onto a public street incorporating not less than three colors each.

(Ord. 2019-08, 03-20-2019) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)

7-11a-20. Design Standards: Vents

(1) Where vents are utilized, whether functional or faux, on a building facade, the vents shall be of the same colors, materials, and style as the building facade upon which the vents are mounted, but shall be of a color different than the wall sections surrounding the vents, or shall be trimmed with a color different than the wall sections surrounding the vents.

(2) See Photo Group 11 for examples.

(Ord. 2019-08, 03-20-2019) (Ord. 2012-10, 04-18-2012)(Ord. 2005-05, 03-02-2005)

7-11a-21. Design Standards: Dumpster Enclosures

(1) Garbage dumpsters and receptacles shall be enclosed on all sides with opaque screening materials. For at least the three non-vehicular access sides, screening materials shall be masonry (but not cinder block or smooth face block). Screening materials for the dumpster enclosure gate shall be vinyl or other solid, opaque materials.

(2) Dumpster enclosures shall utilize the same colors and materials as the buildings.

(3) Dumpsters and waste collection shall be located within a rear or interior side yard and may otherwise be located as suitable to minimize noise, dust, odors, or other nuisances and provide for safe collection.

(4) Dumpster enclosures shall be located so as to not interrupt, encroach upon, or interfere with the Project’s vehicular or pedestrian pathways or parking areas.

(5) Dumpster enclosures shall be designed to minimize the public view thereof by placement interior to the Project.

(6) Dumpster enclosures shall include landscaping on at least two sides. Landscaping shall consist of shrubs, vines, and/or Dry-Scape.

(Ord. 2019-08, 03-20-2019) (Ord 2018-13, 08-15-2018) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)

7-11a-22. Design Standards: Common Areas

(1) Common Areas shall incorporate Design Elements that encourage frequent, safe use of the Common Area by Project residents and visitors. Common Areas shall be incorporated in the development plans such that it is made available to everyone residing in the boundaries of the development.

(2) Common Areas between any two adjacent buildings shall be of sufficient dimensions to accommodate pedestrian pathways, landscaping, and area for activities.

(3) Common Area shall be landscaped in accordance with the Landscaping Design Standards, above. Common Area may include pathways, patios, recreational activity areas, picnic tables, pavilions, gazebos, and water features. All areas containing play equipment shall include fall material to a depth of at least 12 inches or a depth required by the manufacturer, whichever is greater.

(4) The playground facilities are private Project improvements and shall not entitle the Project to a credit against City impact fees.

(5) Common Area shall include functional Design Elements, such as, seating and tables for eating, trash receptacles, patios, recreational activity areas, picnic tables, pavilions, gazebos, and water features which shall be accessible to all residents including to the disabled and to children, and which shall be designed in relation to trees and tree groupings for shade and to pedestrian pathways for access. Areas provided for recreational activities shall be open areas free from trees or other Design Elements with grass or other appropriate surfacing, but not rock or mulch materials, that allows for general play or activity. Open areas for recreational activities may be associated with gathering spaces such as pavilions, seating, picnic or eating areas.

(6) Amenities. Centrally located amenities shall be provided for all multi-family Projects.

(a) Projects of fewer than 50 dwelling units shall provide an amenities package including at least one amenity from the following list.

(i) Tot lot / play structure.

(ii) Courtyard with benches, picnic tables and BBQ areas with shade structures.

(iii) Swimming pool (indoor or outdoor).

(iv) Sports courts (i.e. tennis, basketball, volleyball).

(v) Other active or passive recreational areas that meet the intent of this standard.

(b) Projects of 51 to 100 dwelling units shall include two amenities listed in Subsection (6)(a) plus a minimum of one functional social area, inside or outside, of not less than 1,000 square feet in gathering space.

(c) Projects of 101 to 150 dwelling units shall include two amenities listed in Subsection (6)(a) plus a minimum of one inside social area of not less than 1,000 square feet in gathering space and a minimum of one outside covered social area of not less 1,000 square feet in gathering space.

(d) Projects containing 151 units or more shall include those amenities identified in Subsection (6)(c) plus one additional amenity listed in Subsection (6)(a) for every 50 units or portion thereof thereafter.

(e) Projects located on properties identified by any City master plan to contain or are adjacent to corridors for trails shall incorporate and construct the trails pursuant to the terms of the master plan.

(7) Phasing. Projects proposed to be constructed in phases shall design for amenities needed for a total buildout prior to approval of the first phase. Amenities may be constructed such that amenities are implemented as phases include the number of units requiring those amenities. Amenities shall be constructed and completed prior to the completion and occupancy of the phase that necessitates those amenities.

(8) Slope Areas. A maximum of 25% of a Project’s slope areas in excess of 30% can be included in the required area calculation for Common Space provided that all slope areas in excess of 30% are preserved from disturbance. Inclusion of sloped area in the calculation of required Common Space is intended to be complimentary and shall not relieve the requirement for the provision of amenities, pathways, or any other Common Space requirement.

(Ord. 2019-08, 03-20-2019) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)

7-11a-23. Design Standards: Pedestrian Pathways

(1) All improved pathways shall be ADA accessible.

(2) Crosswalks shall utilize materials and colors different than the road sections that the crosswalks traverse.

(3) All Sites shall incorporate continuous, ADA accessible pedestrian pathway that provides direct access to each building, Common Area, parking area, and public sidewalk.

(4) Pedestrian pathways shall be provided between development access points, entryways, gathering nodes, parking areas and linking the Project to surrounding neighborhoods.

(Ord. 2019-08, 03-20-2019) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)

7-11a-24. Design Standards: Zoning

Cross reference Tooele City Code Chapter 7-14 for questions of zoning, including allowed uses, required setbacks, and maximum building heights.

(Ord. 2019-08, 03-20-2019) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)

7-11a-25. Deviation From Design Standards

(1) Purpose. In the event an applicant requests a deviation from the development standards of this Chapter and has submitted a project that contains features or design above and beyond those required, the City Council shall have the discretion, but be under no obligation, to approve a deviation following a recommendation from the Planning Commission to some or all of the design standards as long as:

(a) such deviation is consistent with the purpose and intent of the policies and development standards described in this chapter; and

(b) all required findings of this Section are satisfied.

(2) Scope. Deviations from the design standards of this Chapter, as outlined in this Section, shall apply only to standards identified in this Chapter. Deviations may be requested for applications for development projects to be applicable on a project-wide basis. Deviations from design standards shall not be permitted on unit-by-unit, lot-by-lot, building-by-building, or similar basis unless such deviation is approved with the specific finding of creating variety prior to approval of the project to which it would apply. Requests for deviations shall not be permitted to the standards of density or the method of calculation of density.

(3) Deviation Criteria. Requests for a deviation shall be examined against at least three of the following criteria when considered for approval of a deviation to the design standards of this Chapter:

(a) the deviation being requested serves to further the purposes and intents of this chapter, as identified in Section 7-11a-2, beyond what could be achieved without the deviation;

(b) the project contains amenities such as pedestrian and bicycle connectivity in excess of what is required in the General Plan and this Title;

(c) the overall percentage of dedicated public or private landscape, open space area, and amenities exceeds the required amount by at least 10%;

(d) the deviation being requested serves the specific purpose of addressing and minimizing or eliminating impacts, potential impacts, or nuisances on surrounding neighborhoods, including but not limited to traffic and viewscapes, are minimized through creative design;

(e) accumulation or clustering of building materials on the most publicly visible sides of structures where:

(i) the overall utilization of building materials exceeds that of the base standard being deviated from;

(ii) the amount of materials used for street facing facades is at least 10% greater than the minimum required by this Chapter; and

(iii) the design of the structure meets or exceeds the intent and purpose of the standard being deviated from; and

(f) the deviation request serves to increase the functionality of the features within the project;

(g) the deviation requested will not result in an increase in the number of dwelling units within the project;

(h) the building design is a specific architectural style which utilizes facade materials differently than prescribed in this Chapter, is designed by a licensed architect, but still meets the intent of the requirement being deviated; and

(i) the deviation requested serves to preserve, protect, and enhance an environmentally sensitive feature which is included into the design of the project.

(4) Request Responsibility. It shall be the responsibility of the applicant to demonstrate to the satisfaction of the City Council the benefit of deviating from the standards of this Chapter by:

(a) providing a written request for a design review for the project application in which the deviation would be applied;

(b) providing a written description and analysis of the specific development standards to be deviated from prepared by a licensed professional, such as an architect, engineer, or landscape architect; and,

(c) providing a written justification that addresses each of the required findings listed in Subsection 5 of this Section.

(5) Findings Required. The City Council may approve deviations from the development standards listed in this Chapter only if it finds:

(a) that the requested deviations are based upon a finding of facts in the record, from specific criteria identified in Subsection 3 of this Section;

(b) that the deviation is in the benefit of the health, safety, and welfare of the residents of and visitors to the project;

(c) that the deviation is in the benefit of the public health, safety, and welfare and the community as a whole;

(d) that the deviation from any one design criteria approved will not create the potential for an increased impact or nuisance from any other design criterion, either within the same project or upon neighboring properties; and

(e) that the deviations approved are anticipated to produce a development that exhibits features and design that match or exceed that intended and anticipated in the standards being deviated from.

(Ord. 2020-45, 11-18-2020)

7-11a-26. Figures

Figure 1: Common Area

(Ord. 2020-45, 11-18-2020) (Ord. 2019-08, 03-20-2019) (Ord. 2005-05, 03-02-2005)

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