Upcoming Events

MARCH 20

Public Open House & Workshop

6 PM

Public Safety Building
301 S Main Street, Heber City

Learn about the CHOZ proposal, share your input, and ask questions.

MARCH 25

Public Hearing

5:30 PM CHOZ Q&A
6:00 PM Public Hearing

Heber City Hall
75 N Main Street, Heber

The Planning Commission will review feedback and consider recommendations for adoption.

Central Heber Overlay Zone (CHOZ)

Table of Contents

Summary of the Central Heber Overlay Zone (CHOZ) Proposals

Within the general CHOZ Overlay, there are two sub-districts: Central Neighborhoods for the residential neighborhoods, and the Transition Corridor District (east and west of Main Street and along Midway Lane). The intent of each district is as follows:

The Central Neighborhoods District, as part of the Central Heber Overlay Zone, has been established to allow for various forms of infill.  These include flag lots, small lots, and certain missing middle housing types. The CND adds additional housing flexibility to the R-2 and R-3 zones in the Downtown area.

The Central Heber Vision suggests an additional mix of uses could be considered as a transition to the residential neighborhoods east and west of the Main Street area and along Midway Lane. The Transition Corridors District (TCD) has been established to promote limited uses with a mix consisting of residential and commercial uses. The mix of uses would allow for medium to higher density residential uses, with occasional corners for lower intensity commercial uses. 

For both sub-districts, the additional infill housing types include: flag lots, smaller lots (based on the current infill ordinance), duplexes, mansion homes (3 and 4plex homes that look like a single home), courtyard buildings, and subordinate dwelling units. Design standards are also proposed and are based on the type of building being proposed.

Use Options for Historic Homes in the Central Heber Overlay Zone. As a new chapter this draft ordinance provides for additional use options for historic buildings with certain architectural features.  The intent is to provide additional income possibilities that could help ensure the continuation of these older buildings. Older buildings become increasingly harder to maintain as they age. If the area becomes eligible for an historic designation or additional homes get individually designated, businesses within the dwellings can help provide tax credits to the property owner. Income and tax credits could be applied to the upkeep of the home

Process: The suggested process leading to a possible adoption includes a public open house on March 20th at the Public Safety Building, a half-hour pre-public hearing open house for additional input on February 25th coupled with a public hearing with the Planning Commission at City Hall. If the Planning Commission recommends approval or approval with some changes, the draft goes to the City Council for review and a potential eventual adoption.

18.53 Use Options for Historic Homes in the Central Heber Overlay Zone (CHOZ) 

Draft date: January 22, 2025

18.53.010 Purpose

Many of Heber’s older Central Neighborhoods, generally encompassed by the R-2 and R-3 zones, have historic homes that exhibit character and designs not often found in today’s newer neighborhoods.  The intent of this chapter is to provide land use options that could assist in the desire to retain these older buildings instead of eventually being knocked down or entering a state of neglect. These options are intended to incentivize owners to maintain their buildings and remain in the City. These buildings reinforce the historic urban character of Heber’s neighborhoods and could provide convenience and walkability benefits for area residents, as well as a new revenue stream for existing historic homes.

18.53.020 Applicability

A. Eligible Homes. Homes that are eligible for approval as per this code must meet the following requirements.

  1. Originally built before 1950.
  2. The home must include the design features described in 18.53.020 B.

B. Design Features. At least one feature from each category of the following architectural features shall be present on the building (these features must have been on the original building as well as on the present building):

  1. Materials: brick, sandstone, painted or stained wood
  2. Ornamental features: decorative features, including eave trim, railings, and/or intricate molding/frames (lintels, keystones, arches, corbelling etc.)
  3. Projections: façade variations, including bay windows, porches, balconies, chimney (s), and/or dormers
  4. A pitched roof
  5. Doors: doors that are recessed with a non-traditional shape, and/or include a complimentary window schemes (transom, sidelight, etc.),
  6. Windows: stained glass or defined decorative sills, windowpanes and intricate frames

C. Seatbacks. Existing non-conforming setbacks shall not impact any new use.  Additions to historic buildings shall be consistent with the following :

  1. Front: a minimum of 15 feet from right of way
  2. Side at minimum of 5 feet from property line
  3. Side street: a minimum of 15’ from any public right of way
  4. Rear: a minimum of 15 feet from property line

D. Parking. On-site parking requirements are waived except as per the table (18.53.031) below.

  1. No parking lot with more than three parking stalls (a typical three-car driveway width) shall be located within a front yard. Parking lots larger than a typical driveway need to be reviewed and approved by the Engineering Department for conformance to storm drain requirements and located within a side or rear yard.
  2. Any provided parking, including within a public right of way, shall be hard-surfaced. Parking in the right of way shall conform to the standards found in the Heber City Standards and Specifications manual.
  3. Parking spaces adjoining the property, and located within the right of way, count for required parking, but shall be hard-surfaced and require Engineering Department’s approval.
  4. Parking may be shared from/with an adjoining private property owner upon an executed written recorded agreement stating permission by that property owner to use the adjacent off-site private property parking for a time period of at least 5 years.
  5. Historic buildings and structures (built prior to 1950), shall not be torn down to provide parking.

E. Height. The height of the structure may only be increased by one story.

F. Architecture. Additions shall reflect the style of the existing building and/or features identified in “B” above.

G. Area.

  1. The maximum site area shall be one acre.
  2. The maximum total business area shall be 5,000 square feet, including any accessory buildings.

H. Signs and Outdoor Displays. Each building may have one 10 square foot free standing monument sign that includes a rock/brick base equal to 1/3 of the sign face, not exceeding 4 feet in height and must meet the required placement standards of the sign ordinance in Section 18.104 of the code. Monument signs shall not be internally lit, exterior lighting with an historic appearance such as downlit gooseneck lighting is allowed. One unlit wall sign or blade sign is permitted, not exceeding 3 square feet. Temporary outside displays and A-frame advertising are allowed if such items are removed and placed inside the building daily.

I. Exterior building lighting. Shall be downlit and reflect an historic theme consistent with the building’s age.

J. Occupancy. The home shall continue to be owner and/or manager occupied as per Table 18.53.03.1.

K. Deterioration.  Significantly deteriorated buildings shall be disqualified from these use options when they display clear evidence of neglect such as broken windows, rust, rot, missing railings, broken stairs, and peeling paint. If such buildings are permitted to use one of these options, through an agreement, the building shall be repaired within 90 days or lose their use permit (s) and cease the business-related operations. Buildings when approved under one of these use options shall maintain the building to avoid the appearance of neglect, or after written notice, lose their permit approval.

L. Street & Utility Improvements. Historic building sites, when converted to a non-residential or multi-family use, are not required to install curb, gutter & sidewalk or buried power, unless the historic property adjoins another property that contains existing curb, gutter & sidewalk. A deed restriction shall be recorded with the property requiring property owner financial participation if such improvements are initiated by the City in the future or by other property owners along the street.

  1. A paved driveway shall be installed to connect street pavement to any onsite parking.

M. Additional Standards for Rehabilitation and Additions. See Section 18.53.040 for additional Design Standards for Rehabilitation and Additions.

N. Reviews and Approvals. It is the intent of this chapter that use flexibility for Historic Buildings will receive a priority and expedient review. The Community Development Director or its designee serves as the Land Use Authority responsible for approving permitted non-residential use conversions and associated site plans/elevations for new uses in historic buildings per this chapter, while the Planning Commission serves as the Land Use Authority for any new use that requires a Conditional Use. Building permits and business licenses are required as per City ordinances.

18.53.030 Permitted and Conditional Uses  

The following table displays the potential uses allowed for historic buildings in the Central Neighborhood’s residential zones.

Table 18.53.03.1

18.53.040 Design Standards for Rehabilitation and Additions

The following suggested standards shall be incorporated for any building renovations, rehabilitations, and additions. Disturbance of the site is also addressed. The intent of these provisions is to ensure appropriate treatment of historic properties.

A. Design Standards for Rehabilitation and Additions:

  1. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that provide the historic character of a property should be avoided.
  2. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.
  3. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall reflect the style, be complimentary to the existing building, and be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. No accessory building shall be larger than the main building.
  4. Removal of any portions of the building, including additions, shall be accomplished in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

18.83 Central Heber Overlay Zone (CHOZ)

Draft date: February 10, 2025

18.83.010 Purpose

To implement the Central Heber Vision of the General Plan, the Central Heber Overlay Zone (CHOZ) is hereby created to include two distinct land use districts. If the use of the Overlay is desired by an applicant, the uses and standards of this chapter shall apply.

  1. Central Neighborhoods District (CND) is established to allow for various low intensity forms of infill, combined with options to preserve historic homes. Infill options include certain missing middle housing types and historic building use flexibility.
  2. Transition Corridors District (TCD) is established to permit a moderate intensity mixture of residential and commercial uses. The TCD serves as a transition area from the C-3 Commercial Zone westward and eastward of Main Street to existing residential neighborhoods. The district also serves as a connecting land use from the C-3 Commercial Zone westward to the area containing the new high school, railroad and Southfield Park. The TCD promotes missing middle housing types, historic building use flexibility, mixed use buildings and lower intensity commercial uses. A portion of this area, located between 150 W/E to the C-3 Commercial Zone, has been identified by the General Plan as an area to be considered for rezoning to the C-3 Commercial Zone, in the future.

18.83.020 Permitted and Conditional Uses

The underlying zone uses remain.  The CHOZ includes additional uses and limitations as described below. In order to accomplish the objectives and purposes of this title and to stabilize and protect the essential district characteristics, the following uses are allowed the CHOZ: 

  1. Land Use Regulations Terms

P = PERMITTED USE (P) A site plan application is required with staff processing.  Site plan applications are approved, when and if they meet the ordinance standards. 

C = PLANNING COMMISSION CONDITIONAL USE REVIEW (C). A site plan application with Planning Commission review is required.

N = not allowed in the particular overlay area      

  1. Within the Table, if a use is not specifically designated below, then it is prohibited, except as specified in the underlying zone.

All uses listed in the use table, that require a building permit shall also require a site plan application.

18.83.020.1 Permitted and Conditional Use Chart 

18.83.030 Spatial Standards

  1. The minimum spatial standards shall be as set forth in the underlying zone, with the addition of Small lots, Flag lots and SDADUs, as described below.
  2. The maximum height of all principal structures shall be thirty-five feet and accessory buildings shall follow the requirements of the underlying zone.
18.83.030.1 Spatial Requirements by Building Type* Table

18.83.040 Building Typologies & Design Requirements

18.83.040.1 Table of Permitted Building Type per District

A. Those who desire to convert homes, lots or other buildings to commercial use or multi-family use shall maintain the required landscaping. No parking is allowed in a front yard.

B. Rooftops may be used as garden type open space, and/or passive recreation space.

C. All Rooftop Heating, Ventilating, and Air Conditioning equipment (HVAC) shall be enclosed or screened such that it is not readily recognizable as HVAC equipment.

D. Special Standards for certain uses and structures.

  1. Non-residential uses shall not produce noise exceeding fifty-five (55) decibels as measured at the property line, vibration, fumes smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, electrical interference or other objectionable effects.
  2. Where garages are built, they shall be wired for a minimum of 220 Volt vehicle charging.
  3. Temporary outdoor sales are allowed.

E. Small lots. Smaller lots than the standard lot size required in the R-2 and R-3 zones are allowed as follows:

  1. Such interior lots may have a width no less than 49’at the front yard setback and if located on a corner, 56’ wide.
  2. Any street facing garage shall be setback from the front face of the dwelling by at least ten feet.
  3. Lots with a detached rear yard garage are required to have a minimum twelve (12′) foot side yard from the side property line, to accommodate a driveway to the required rear parking. The opposite side yard setback is a minimum of six (6) feet.
  4. A minimum lot size of 3,500 square feet is required.

F. Flag lots. Flag lots shall meet the following requirements. These requirements supersede the requirements for flag lots in Section 18.52.050:

  1. Up to two (2) flag lots (plus the existing home) may be created from an existing parcel of property.
  2. The flag lot(s) shall be used exclusively as a single-family residential dwelling which includes the potential for one internal Accessory Dwelling Unit and shall be located to the rear of the original or front lot. If the dwelling on the front lot is torn down, any new dwelling shall face the adjacent street.
  3. The main body of a flag lot, exclusive of the access strip, shall be no smaller than 50% of the required lot area in the zone in which it is located.
  4. The existing front lot shall meet the required lot area, lot width, front yard, side and rear yard setback requirements for the governing zoning district in which it is located.
  5. If two flag lots are proposed, one behind the other, see graphic below.  The access strip portion of a flag lot:
    1. Shall be at least 17’ wide for its entire length from the street to the point where the access strip adjoins the main body of the flag lot;
    2. Shall be paved except for the 5’ reserved for landscaping/drainage/snow storage adjacent to the neighboring property line, unless agreed to in writing by the adjoining property owner;
    3. Hard surfaced driveways shall be located a minimum of 5’ from any existing home on the original or neighboring lots; 
    4. Shall front on a public street; and
    5. Shall not exceed one hundred fifty feet (150’) in length unless approved by the Fire Department
      1. Where the 5’ landscaped area abuts the public street, it shall contain a mailbox (s), displaying the lot address (s), and a gravel or paved area for trash cans.
  6. Where two flag lots are proposed behind a lot on the public street, the middle lot may have a zero lot line using the property line adjacent to the furthest lot.
  7. Two (2) adjoining flag lots may share a common access strip only if the access strip is twenty (20’) wide or greater – this includes a 5’ landscaped drainage/snow storage area and 15’ of pavement.
  8. The access strip portion of a flag lot shall be platted as a contiguous portion of the flag lot(s) or as an easement but require public utility easements for access and public utilities from the original lot and to the adjacent street, in addition to recorded agreements about maintenance by the property owners.
  9. The subdivision plat shall include an outline of the buildable area proposed for the home (s).
  10. 2 parking spaces are required for the home, as well as a turnaround area to prevent the need to back out through the driveway/access strip.
  11. The address of the flag lot dwelling shall be clearly visible on the home(s) when viewed from the access strip.

G. Subordinate Dwelling units (SDU)

  1. These ordinance provisions only apply to lots 5000 square feet and larger and located in the CHOZ. If an SDU can be located on a property, it is considered an additional voluntary benefit provided to the homeowner and therefore is subject to additional regulations.
  2. A Permitted use application for a Subordinate Dwelling Unit (SDU) is required. Such applications shall show the footprint and height, materials/design of the SDU, the proposed lot, side yards, rear yards, the designated front yard, and the proposed permanent access easement. In addition, a subdivision plat and processing is required.
  3. Standards: The following standards and conditions shall apply to all SDUs:
    1. Location: A SDU shall only be allowed as part of, or in conjunction with, a single-household dwelling, and SDUs shall contain no more than a one-story (15’) building (pitched roof excluded) and shall have minimum side and rear yard of 5 feet. The front yard shall have a minimum of 10’ unless adjacent to a street or alley, where 15’ minimum is required.
    2. Number: A maximum of one SDADU is allowed and only the original, existing dwelling may contain an additional internal ADU. The SDU shall not have an internal ADU.
    3. Parking: At least one off-street parking stall shall be provided for the SDU. The required parking space may be a designated tandem space on the original lot as a permanent easement area. Parking spaces shall be identified on the subdivision plat.
    4. Design And Character: The SDU shall be designed to reflect the architecture of the existing home and as a small home with painted wood, composite wood-like appearing materials, brick or stone exteriors as well as a pitched roof, 3 by 12 minimum.
  4. Size: An SDU shall be subordinate to the footprint of the original single-household dwelling. The SDU shall not have less than a three hundred (300) square foot footprint or more than an eight hundred (800) square foot footprint.
  5. Lot Size and Frontage:
    1. The original home shall be located on a lot that is at least 5000 square feet and meet the setbacks as specified in this ordinance.
    2. No frontage on a public street or alley is required for an SDU, but a walkable or drivable permanent access easement is required (see 11 below).
  6. Foundation: The SDU shall be secured to a permanent concrete foundation in accordance with the International Building Code, as adopted and amended by the City.
  7. Occupants: The SDU shall be occupied exclusively by one household.
  8. The SDU shall be occupied by the owner. The City may require the recording of an instrument with the property to notify the public of this requirement.
  9. The SDU shall have separate utilities from the original dwelling.
  10. An SDU shall have a recorded permanent access easement or a deeded driveway. If the permanent access easement can only accommodate pedestrians, then the original lot shall accommodate the required one additional parking space. Such walkable pathways shall be a width of 5’ to 12’.
  11. Accessory buildings shall meet the standards for accessory buildings in the existing zone. Accessory buildings shall be subordinate in height to the SDU. Once a front yard is designated, accessory buildings are not allowed in the front yard.
  12. The front entry shall include a covered or uncovered porch at least 6’ deep and containing at least 60 square feet.

I. Mansion Style Apartments. Mansion Style Homes shall be designed to resemble larger homes, and shall only have one visible front door as viewed from the public street. The front door area shall include a porch with a minimum of 60 square feet and a hard surfaced pathway to the street. Parking shall be provided to rear or side beyond front yard setback. Vinyl, aluminum and stucco wall surfaces are not allowed.

  1. Ornamental details such as knee braces, exposed joists, decorative vents, window shutters.
  2. Box or bay windows
  3. Balconies with at least 50 square feet.
  4. A minimum of 5 windows, 12 square foot minimum on the front façade.
  5. A substantial/noticeable change of material applied to the front façade.
  6. A substantial/noticeable change of color applied to the front façade.
  7. A change of pattern that is substantial/noticeable on the façade (Example: changing brick work from face brick to a soldier course or basket weave pattern.)
  8. Brick or stone along the front of the building, covering at least 25% of the front of the building.
  9. Materials – brick, stone, wood, cement composite materials, and metal accents

Separate utilities for each unit are required if condominium units are proposed.

J. Townhouse.  Horizontally attached multi-story units in a rowhouse configuration. This building type can include live/work units. If end units face the street, they shall include windows covering at least 25% of the façade for each floor. Parking and private garages shall be to the rear of the building allowing the primary façade to front a public street or public greenspace. Garages shall include the infrastructure for a 220 outlet capable of faster car charging. Provide outdoor balconies or patios for 100% of the units at a minimum of 6 feet deep and 60 square feet each. 

Building width shall be a minimum of 20’. Guest parking shall not include any driveway area that accesses a garage. No more than 6 attached units per building. Setbacks shall be varied where a development has more than 6 units. Townhouse developments with over 12 units shall include at least a play structure and a barbeque/seating area and one passive leisure space of at least 3000 square feet. Separate utilities for each unit are required and may require easements for units that are distant from a public street. Building height shall not exceed 2 stories in the CND and no more than 3 stories in the TCD, and in no case shall either situation exceed 35 feet.

K. Multi-family Courtyard Oriented Development: A building (s) that contains residential uses, oriented toward a courtyard with parking to the rear. Provide outdoor balconies or patios for 100% of the units at a minimum of 6 feet deep and 60 square feet each. If end units face the street, they shall include windows, covering at least 25% of the façade for each floor. Multi-family developments with over 12 units shall provide recreational amenities, with at least a play structure and a barbeque/seating area and one passive leisure space of at least 3000 square feet. Unit diversity shall be accomplished by constructing at least 20% of the units with different numbers of bedrooms.

Parking shall occur at the side or rear of the building.  If located to the side, it shall be setback at least 10’ and that setback shall be landscaped to obscure the parking lot.

Exterior materials of a durable or resilient nature such as brick, stone, composite materials, or other materials of similar quality, hardiness, and low maintenance characteristics are required. Roughhewn, exposed wood beams, columns and supports are required for all facades facing a street. New development in the TCD shall incorporate common, locally found materials such as granite, stone, sandstone, wood, and brick as part of the first floor of each building for at least 75% of the first floor, excluding the windows.  All stories above the first floor shall incorporate at least 50% of the above specified materials. Stucco and EIFS are prohibited for use as materials on any façade visible from a right-of-way, but may be used on second and third floor if additional scoring provides a brick-like appearance. Other materials may be considered by the Planning Director for soffits, or as accents or unique architectural features. Twenty-five year guaranteed architectural shingles or other longer-lasting materials are required for sloped roofs.

Up to two stories may be constructed for this type of development. Separate utilities for each unit are required and may require easements for units that are distant from a public street.

L. Mixed-use buildings. Intended for a mix of primarily residential with commercial/office or commercial and office uses required to be located on the first floor, and optional above the first floor at or near the front build-to-line with parking to the rear, underground, or podium type. No podium parking is allowed to front a street. This building type may support office, retail, hotel/hospitality or residential uses mixed vertically. For residential units, provide outdoor balconies or patios for 100% of the residential units at a minimum of 6 feet deep and 60 square feet each. No wood burning fireplaces, stoves, appliances, or outdoor fire pits are allowed. Provide indoor bike storage or bike lockers. Rooftop patios are allowed but shall be recessed ten feet from the edge of the building.

Exterior materials of a durable or resilient nature such as brick, stone, composite materials, or other materials of similar quality, hardiness, and low maintenance characteristics are required. Roughhewn, exposed wood beams, columns and supports are required for all facades facing a street. New development in the TCD shall incorporate common, locally found materials such as granite, stone, sandstone, wood, and brick as part of the first floor of each building for at least 75% of the first floor, excluding the windows.  All stories above the first floor shall incorporate at least 50% of the above specified materials. Stucco and EIFS are prohibited for use as materials on any façade visible from a right-of-way, but may be used on second and above stories if additional scoring provides a brick-like appearance. Other materials may be considered, by the Planning Director for soffits, or as accents or unique architectural features. Twenty-five year guaranteed architectural shingles or other longer-lasting materials are required for sloped roofs.  360 degree architectural consistency is required.

No new building elevation may exceed 50 feet in length without at least a 2-foot variation in the depth of the façade along the public right of way and a 1-foot variation on other facades. Residential unit balconies shall not be interpreted to meet this requirement.  No single building shall exceed 100 feet. 

Parking shall be to the rear of the building.

Storefront windows are required on the street facing façade and street facing windows shall be cover a minimum of 50% of the front first story face and 25 percent of all upper story facades. 

10 foot wide dry utility easements shall be provided along each public and private right of way. Dry utility placement shall occur in the public Right of Way or through negotiated locations such as the private drive/street, an alley or a public utility easement (PUE) on private property. A determination of the best locations for utilities shall occur during the application process with an application requirement for a conceptual utility plan as part of that process. No above ground utilities, especially utility boxes, shall be placed in the clear view of an intersection or driveway. Any above ground utilities shall be located in an easement (PUE) behind the front face of the building, and preferably to the rear of the building.

Sewer, water, and irrigation shall be metered from the public ROW and distributed through the development as private ownership. Such extensions are not a City responsibility.

M. Commercial Buildings. Minimum 2-story building with the primary use of office, retail, civic or commercial use. All such buildings shall include at least 1 vehicle charging station per building.

Exterior materials of a durable or resilient nature such as brick, stone, composite materials, or other materials of similar quality, hardiness, and low maintenance characteristics are required. Roughhewn, exposed wood beams, columns and supports are required for all facades facing a street. New development in the TCD shall incorporate common, locally found materials such as granite, stone, sandstone, wood, and brick as part of the first floor of each building for at least 75% of the first floor, excluding the windows.  All stories above the first floor shall incorporate at least 50% of the above specified materials. Stucco and EIFS are prohibited for use as materials on any façade visible from a right-of-way, but may be used on second and above stories if additional scoring provides a brick-like appearance. Other materials may be considered, by the Planning Director for soffits, or as accents or unique architectural features. Twenty-five year guaranteed architectural shingles or other longer-lasting materials are required for sloped roofs.  360 degree architectural consistency is required.

Principal entrance shall face the street or be located on the corner of the building and recessed. Front façade shall include a storefront type appearance and include at least two additional features from the sketch below:

18.83.050 Visual Screening

All commercial lots within the zone shall have a six-foot rear yard sight obscuring fence. 

18.83.060 Definitions (added as needed and likely relocated to the definitions chapter)

18.83.070 Related Provisions 

Chapter 18.12 Administration 
Chapter 18.08 Definitions
Chapter 18.68 Supplementary Regulations
Chapter 18.108 Conditional Use Permits 
Chapter 18.72 Off-Street Parking and Loading
Chapter 18.103 Sign Regulations 
Chapter 18.78 Lighting
Chapter 18.174 Enforcement
Chapter 18.117 Subdivisions