CHAPTER 4
DESIGN AND DEVELOPMENT REGULATIONS
ARTICLE A. GENERAL PROVISIONS
SECTION:
8-4A-5: Outdoor Service And Equipment Areas
8-4A-1: PURPOSE:
The provisions in this article provide standard regulations for the location, design, and development of all properties in all base districts. The purposes of these standard regulations are:
A. To ensure that the development of property protects the public, health, safety and welfare of the community;
B. To protect property values and rights of all residents;
C. To protect and enhance the community’s assets and natural resources; and
D. To establish minimum standards of property maintenance and aesthetics. (Ord. 898-08, 9-8-2008)
8-4A-2: APPLICABILITY:
The provisions apply to all new development and the substantial alteration of existing development in all base districts, unless a development is proposed within an overlay district, then the provisions of the overlay district may supplant these regulations. (Ord. 898-08, 9-8-2008)
8-4A-3: FENCES AND WALLS:
A. Applicability: All new fences shall be required to be in conformance with this section. Legal nonconforming fences may remain so as long as there are no significant improvements to the site or specifically conditioned in a conditional use permit.
B. Permit Required: Anyone constructing a fence or wall over six feet (6') in height shall first obtain design review consultant(s) recommendation for approval followed by approval from the planning official and a building permit from the city prior to construction. Any fence located in the floodway shall secure a floodplain permit from the city prior to construction. (Ord. 944-12, 5-14-2012)
C. Maximum Height Requirements:
1. Fences and walls located along a street frontage within the front yard setback: Three and one-half feet (3.5').
2. Fences and walls located within rear and interior side setbacks not adjacent to public rights-of-way: Six feet (6').
3. Fences and walls on residential property with rear and interior side yards located adjacent to commercial uses: Eight feet (8').
4. The height of fences and walls shall be measured from the existing grade. (Ord. 898-08, 9-8-2008)
D. Setbacks:
1. Fences greater than three and one-half feet (3.5') shall be set back to be flush or behind the building frontage. Where there is no building frontage, fences greater than three and one-half feet (3.5') shall be set back minimally ten feet (10') from the back of sidewalk so as to allow for street trees and landscaping between the fence and the sidewalk.
E. Prohibited Fencing Materials: The use of barbed wire, razor wire, boxes, sheet metal, old or decayed wood, broken masonry blocks, chain link, chain link with slats, or other like unsightly materials for fencing shall be prohibited unless an application is made to the design review consultant(s) and is recommended to and approved by the planning official as compliant with the following:
1. Implement the vision as set forth in the comprehensive plan; and
2. Demonstrate that the fence provides significant creativity and uniqueness, and the intent is not to merely evade the provisions set forth in this section, or can demonstrate that the fence is an established icon that enhances the community’s assets more than a fence complying with the requirements set forth in this section; and
3. Demonstrate that it is constructed of professional and durable materials, and is not intended to be of temporary nature. (Ord. 944-12, 5-14-2012; amd. Ord. 1002-18, 1-28-2019; Ord. 1026-22, 9-12-2022)
8-4A-4: OUTDOOR LIGHTING:
A. Standards:
1. The height of a freestanding light fixture in a residential district shall not exceed nine feet (9').
2. Electrical feeds to outdoor light fixtures shall be underground, not overhead.
3. Street lighting shall be provided consistent with an adopted fixture design and plan developed by the city.
B. Prohibitions:
1. Mercury vapor lamp fixture and/or lamp.
2. Laser source light or any similar high intensity light when projected above the horizontal.
3. Strobe lights, except for emergency uses.
4. Searchlights, except where approved for temporary uses.
5. Lighting, including holiday lighting, on commercial or private tower structures that exceed the district height limit except as required by regulations of the federal aviation administration (FAA). (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012)
8-4A-5: OUTDOOR SERVICE AND EQUIPMENT AREAS:
A. All on site service areas for waste, recycling, or trash; and equipment areas for transformer and utility vaults shall be located in an area not visible from a public street or adjoining property, or shall be screened from view from a public street and adjoining property with a privacy fence.
B. Unless fully enclosed and baffled so that no noise is detected on any adjoining property, the location of outdoor mechanical equipment shall meet the following setback requirements:
1. On commercial or industrial property abutting a residential district: Fifty feet (50') from the property line.
2. Within the residential districts: Twenty five feet (25') from the property line.
C. HVAC equipment, trash dumpsters, recycling, trash compaction, and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012)
8-4A-6: SELF-SERVICE USES:
Any unattended, self-service uses including, but not limited to, laundromat, automatic teller machines (ATMs), vehicle washing facilities, fuel sales facilities, and storage facilities shall comply with the following requirements:
A. The entrance or transaction area of the self-service facility shall be open to the public street and shall have low impact security lighting.
B. Financial transaction areas shall be oriented to, and visible from, an area that receives a high volume of traffic, such as a collector or arterial street.
C. Landscape shrubbery shall be limited to no more than three feet (3') in height between entrances and financial transaction areas and the public street.
D. The Garden City police chief or designee may approve alternative standards where it is determined that a similar or greater level of security is provided.
E. The following special provisions shall be required for automated teller machines (ATMs) and walk-up bank services:
1. A five foot (5') deep space shall be provided in front of the ATM;
2. A lighting plan will be required with the intent to ensure that adequate lighting is provided;
3. A trash receptacle not impeding access shall be immediately accessible to the ATM; and
4. At the time that the ATM is removed, the structure’s facade shall have a finished appearance consistent with the existing structure. (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012)
8-4A-7: STORMWATER SYSTEMS:
A. Purpose: The provisions of this section are intended to improve water quality and provide a natural, effective form of flood and water pollution control through the integration of vegetated, well designed stormwater filtration swales into required landscape areas, where topography and hydrologic features allow.
B. Applicability: The standards for stormwater integration shall apply to all subdivisions, site improvements and ACHD stormwater facilities.
C. Standards:
1. Stormwater swales incorporated into required landscape areas shall be vegetated with grass or other appropriate plant materials. Such swales shall also be designed to accommodate the required number of trees as per subsection 8-4I-4A, "Landscaping For Single-Family Residential Units", of this chapter if located in a required landscape area.
2. A rock sump may be incorporated into a vegetated swale to facilitate drainage. The rock sump inlet may not exceed more than five feet (5') in any horizontal dimension. Grates for sand/grease interceptors may also be incorporated, but the inlet structures may not exceed two feet (2') in any horizontal dimension.
3. Gravel, rock, or cobble stormwater facilities are not permitted on the surface of required landscape areas, unless designed as a dry creek bed or other design feature.
4. Plant materials shall be a species that are able to withstand the anticipated changes in soil wetness and moisture levels.
5. Organic mulch shall not be used against drainage catch basins due to potential sediment clogging.
6. Slopes shall be less than three to one (3:1) (horizontal to vertical) for accessibility and maintenance.
7. The stormwater facility shall be designed free draining with no standing water within twenty four (24) hours of the completion of a storm event. (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012)
8-4A-8: UTILITIES:
A. All utilities for a new structure shall be installed underground. For the purposes of this section, the term "utilities" shall include, but not be limited to, electric, natural gas, water, wastewater collection, storm drainage, telephone, and cable services.
B. All development shall be connected to the Garden City water and sewer systems.
C. All utilities shall comply with the requirements set forth in the "Garden City Design And Construction Guide". (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012)
8-4A-9: WATERWAYS:
A. Natural Waterways:
1. All natural waterways shall remain as a natural amenity and shall not be piped or otherwise covered.
2. Natural waterways may be altered if: a) the alteration will improve the hydraulics and ease of maintenance of the waterway; and b) there is no change in the hydraulics of the waterway that impacts the flow or volume on downstream properties.
3. Fencing along all natural waterways shall not prevent access to the waterway. If fencing is required, open fencing only is allowed, and privacy fencing is prohibited. All fencing shall be approved by the irrigation or drainage district. (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012)
B. Pressurized Irrigation; Irrigation Ditches, Laterals, Canals, And Drains:
1. Pressurized irrigation shall be provided in conformance with subsection 8-5A-5H of this title.
2. Irrigation ditches, laterals, canals, and drains shall be left open and used as a water amenity or linear open space unless it can be demonstrated to the design review consultant(s) and the planning official by the process set forth in section 8-6B-3 that: (Ord. 944-12, 5-14-2012)
a. The maintenance of the irrigation ditch, lateral, canal, or drain with any associated easement encumbers more than fifty percent (50%) of the property; or
b. The irrigation ditch, lateral, canal, or drain is located on the property in such a manner that a use of the property is infeasible; or
c. The irrigation ditch, lateral, canal, or drain is enclosed on both ends adjacent to the property, and the adjacent properties are fully developed in a manner that future opening of the enclosed irrigation ditch, lateral, canal, or drain is infeasible.
3. Irrigation ditches, laterals, canals, and drains do not require fencing. If fencing is installed, open fencing only is allowed, and privacy fencing is prohibited. All fencing shall be approved by the irrigation or drainage district.
4. For any irrigation or drainage ditch, piping or alteration of the ditch shall not impede the movement of the amount of water crossing the property prior to development or the amount of water delivered to downstream properties. (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012)
5. In no circumstances shall structures be built over irrigation ditches, laterals, canals and drains or within their dedicated easements. (Ord. 944-12, 5-14-2012; Ord. 1026-22, 9-12-2022)