The intent of this chapter is to provide for several miscellaneous land development standards that are applicable in more than one zone. The requirements of this chapter shall be in addition to development standards contained within the various zones. Where the provisions of this chapter may be in conflict with other provisions of this title, the more stringent shall prevail. (Ord. 6-20-78A, 6-20-1978)

All required yards shall be situated on the same lot as the building or structure to which it applies. No required yard area or other open space around the existing building that is needed to comply with the setback or open space requirements of this title shall be considered as providing the required yard area or setback or open space for any other building; and no required setback, yard area or other required open space on an adjoining lot may be considered as providing the setback, yard or open space on the lot where a building is to be erected or constructed. (Ord. 6-20-78A, 6-20-1978)

No space needed to meet the area, frontage, width, coverage, off street parking, frontage on a public street, or other requirement of this title for a lot or building may be sold, bequeathed or leased apart from such lot or building, unless other space so complying is provided, nor shall any land be sold that will result in an existing or future lot for dwelling purposes that does not comply with all of the provisions of this title. (Ord. 6-20-78A, 6-20-1978)

No yard or other open space shall be used for the storage of junk, debris or obsolete vehicles; and no land shall be used for such purposes, except as specifically permitted herein. (Ord. 6-20-78A, 6-20-1978)

All required setback area (required yard area) of a lot shall be open and unobstructed, except for the following uses and projections:

   A.   Side Setback Areas (Side Yard Areas):

      1.   The ordinary projections of windowsills, belt courses, cornices and other ornamental features to the extent of not more than twelve inches (12").

      2.   The projection of eaves not more than two feet (2').

      3.   The projection of a step not over two feet (2').

      4.   Awnings projecting from side of dwelling.

      5.   A bay window or chimney not over ten feet (10') long projecting not more than two feet (2'), providing such extension maintains the minimum side yard allowable for the smallest side yard in the zone.

      6.   A fence or wall constructed in accordance with the provisions of section 10-5-18 of this chapter.

      7.   An open area used for the temporary storage of recreational vehicles, boats, etc., but only when said area is located immediately adjacent to the outside wall of an attached garage.

      8.   Hot tubs, patios or similar uses at ground level shall be allowed in accordance with the provisions of section 10-5-29 of this chapter.

      9.   Private swimming pools and similar uses shall be allowed in a side yard, provided they are located at least thirty feet (30') from any dwelling on an adjoining lot and at least ten feet (10') from any property line. Corner lots, with a side abutting street: pool shall be set back not less than thirty feet (30') from the property line that abuts on a street. Swimming pools shall be enclosed within a fence or wall which conforms to International Building Code requirements.

      10.   Accessory buildings and portable sheds located in conformance with the applicable setback requirements.

      11.   Customary vegetative landscaping.

      12.   Decks, pergolas, covers, and awnings shall be allowed in accordance with the provisions of section 10-5-29 of this chapter.

      13.   Parking of recreational vehicles, boats, trailers, etc., is permitted within the optional enclosure area, in a private driveway or directly adjacent to the garage/driveway on an approved surface.

      14.   A driveway leading to a properly located garage or parking area, providing for or making possible the parking of automobiles. The City shall not allow any curb cuts or approve any driveways except for entrance and exit driveways leading to properly located parking areas.

      15.   Circular driveways may be permitted in required side yard areas of single-family dwellings leading to and from a properly located garage on the property subject to the following conditions:

         a.   Such drives shall be hard surfaced.

         b.   Such drives shall not be over twenty feet (20') in width.

         c.   There shall be a landscaped area at least fifteen feet (15') in depth from the front property line to the inside of the drive.

         d.   Circular driveway areas are not to be used for the parking or storage of any trailer, camper, motor home, boat, or other equipment at any time, nor is the area to be used for permanent parking of any vehicle.

         e.   Passenger automobiles may be parked on driveways serving private residences, provided the automobile is parked completely on private property.

         f.   The forty five foot (45') line of sight as measured from the point of curvature on circular driveways shall remain open, and free from visual obstructions.

   B.   Rear Setback Areas (Rear Yard Areas):

      1.   A bay window or chimney not over ten feet (10') long projecting not more than two feet (2').

      2.   The projection of eaves or cornices not more than two feet (2').

      3.   Private swimming pools and similar uses shall be allowed in a rear yard, provided they are located at least thirty feet (30') from any dwelling on an adjoining lot and at least ten feet (10') from any property line. Swimming pools shall be enclosed within a fence or wall which conforms to International Building Code requirements.

      4.   Garages and other accessory buildings as hereinafter provided. Such structures shall not cover over fifty percent (50%) of the rear yard area.

      5.   Hard surfaced parking areas subject to the same location requirements of a garage.

      6.   Air conditioners.

      7.   A fence or wall constructed in accordance with the provisions of section 10-5-18 of this chapter.

      8.   Hot tubs, patios or similar uses at ground level shall be allowed in accordance with the provisions of section 10-5-29 of this chapter.

      9.   Accessory buildings and portable sheds located in conformance with the applicable setback requirements.

      10.   Customary vegetative landscaping.

   C.   Front Setback Areas (Front Yard Areas):

      1.   A fence or wall constructed in accordance with the provisions of sections 10-5-17 and 10-5-18 of this chapter.

      2.   Uncovered steps leading to the main building; provided, however, that they are not more than four feet (4') in height and do not cause any danger or hazard to traffic by obstructing the view of the street or intersection. Any portion of any steps, covered or uncovered, that are more than four feet (4') above grade must maintain the required setback line.

      3.   Eaves or cornices projecting not more than two feet (2').

      4.   A bay window or chimney not over ten feet (10') long projecting not more than two feet (2').

      5.   A driveway leading to a properly located garage or parking area; providing for or making possible the parking of automobiles.

         a.   The city shall not allow any curb cuts or approve any driveways except for entrance and exit driveways leading to properly located parking areas.

         b.   The maximum width of a residential driveway approach shall not exceed thirty feet (30'). Such lots with extended driveway areas shall maintain fifty percent (50%) front yard landscaping.

         c.   Secondary Driveway: One secondary driveway may be allowed in residential areas under the following conditions:

            (1)   The width of the secondary driveway shall not exceed twenty feet (20').

            (2)   Spacing between the primary driveway and the secondary driveway shall be a minimum ten feet (10'), with a minimum of ten feet (10') driveway approach, not including flares.

            (3)   Secondary driveways located on corner lots shall not exceed fifty percent (50%) of the total area; front and side yard setbacks combined.

      6.   Circular driveways shall be permitted in required front yard areas of single-family dwellings leading to and from a properly located garage on the property subject to the following conditions:

         a.   Such drives shall be hard surfaced.

         b.   Such drives shall not be over sixteen feet (16') in width.

         c.   There shall be a landscaped area at least fifteen feet (15') in depth from the front property line to the inside of the drive.

         d.   Driveway areas are not to be used for the parking or storage of any trailer, camper, motor home, boat, or other equipment at any time, nor is the area to be used for permanent parking of any vehicle.

         e.   Passenger automobiles may be parked on driveways serving private residences, provided the automobile is parked completely on private property.

      7.   Customary vegetative landscaping.

(Ord. 7-7-98A, 7-7-1998; amd. 2004 Code; Ord. 10-20-2015B, 10-20-2015; Ord. 07-16-2019B, 7-16-2019; Ord. 11-19-2019A, 11-19-2019)

   A.   All land annexed to the City shall be classified into the zone to which it is contiguous. Where the annexed land is contiguous to more than one zone, the newly annexed land shall be classified into that zone having the largest contiguous boundary.

   B.   The zone designation assigned pursuant to this provision shall remain in effect until amended in accordance with the procedure for amending this title. Property shall not be reclassified to another zone concurrently with or prior to completion of annexation proceedings. (Ord. 6-20-78A, 6-20-1978)

Wherever a front or side setback is required for a building, which building abuts on a proposed street that has not been constructed but that has been designated by the planning commission as a future street, the depth of such front or side setback shall be measured from the planned street lines. (Ord. 6-20-78A, 6-20-1978)

Surface water from parking areas and other sealed surfaces shall not be disposed of by draining into adjacent property, except after written agreement between the two (2) parties.

Surface water from a developed property, parking areas, or other sealed surfaces shall not be allowed to drain or be directed onto an adjacent property, except after written agreement between the two (2) parties.

Exception: Natural conditions, where the activities of man have not altered the flow and percolation of water. (Ord. 6-20-78A, 6-20-1978; amd. Ord. 10-17-2023A, 10-17-2023)

It shall be unlawful to place any recreational vehicle or mobile home on any lot or parcel of land in the area covered by the zoning map and to use the same for human habitation.

(Ord. 6-20-78A, 6-20-1978; amd. Ord. 11-19-2019B, 11-19-2019)

Only one building that contains a dwelling shall be located and maintained on a zoning lot. (Ord. 6-20-78A, 6-20-1978)

Not less than two (2) off street parking spaces shall be required for each single-family dwelling. Said off street parking shall be not less than ten feet by twenty feet (10' x 20') per space and parking spaces shall be enclosed within a garage. (Ord. 6-20-78A, 6-20-1978)

A flag lot development may be approved by the city council following the recommendation of the planning commission and subject to the following findings and standards:

   A.   The access requirements of the zone permit flag lot developments.

   B.   In the opinion of the city council, the site is not developable under conventional development procedures and that approval of the flag lot will not preclude the proper development of the proposed flag lot, any residual parcel, or the adjacent properties.

   C.   An accessway not less than twenty feet (20') in width nor more than two hundred fifty feet (250'), or the minimum depth or one lot in length (whichever is less) shall connect the building site portion of the lot with a designated city street. Said accessway shall be owned in fee as part of the lot.

   D.   The area of the building site exclusive of the accessway shall not be less than the minimum area requirement of the zone.

   E.   Any residual lot created by the action shall conform to the minimum zone requirements.

   F.   The setbacks from the boundaries of the building site shall be the same as those required within the zone. Measurements of the front setback shall be made from the lot line of the building site portion of the lot most closely paralleling the road.

   G.   A detailed site plan prepared in conformance with the above conditions shall be submitted and approved. (Ord. 5-11-83A, 5-11-1983; amd. Ord. 1-2-2001A, 1-2-2001)

An earth home may be approved by the city council subject to the following findings and standards:

   A.   The minimum height requirements of the zone allow the placement of earth homes.

   B.   In the opinion of the city council, the design of all aboveground structures and other surface features appurtenant to the proposed home will be compatible with traditional housing styles present and/or anticipated in the vicinity of the home and consistent with the intent of the zone.

   C.   All portions of the lot not devoted to aboveground structures will be landscaped following good landscape practices.

   D.   A detailed site plan for the lot showing the location of the home and all surface features and proposed landscape treatment shall be submitted and approved. (Ord. 5-11-83A, 5-11-1983)

The front or side setback for structures abutting on a proposed street that is shown on the major street plan as a future street or upon an existing street that is shown on said plan as needing to be widened shall be measured from the planned street line. For purposes of determining the setback requirement and similar location standards, said planned street line shall be considered as the property line. For the purposes of compliance with this requirement, all structures on lots that abut upon Canyon Road (Utah Highway 146) shall be set back not less than eighty feet (80') from the centerline of said road. (Ord. 5-11-83A, 5-11-1983)

(Rep. by Ord. 9-18-2007A, 9-18-2007)

   A.   All requests for approval of a subdivision or issuance of a building permit shall, as a condition of approval of the subdivision or issuance of the building permit, as applicable, convey to the city title to water rights using the following formula: (2.58 x exact lot size in acres) + (0.5 x number of dwelling units) = water rights in acre-feet to be dedicated for each subdivision lot or building permit. (Ord. 2-19-2008A, 2-19-2008)

   B.   All water rights previously conveyed as part of the annexation process or as part of the subdivision process shall be considered as a credit toward satisfying the requirements of this section.

   C.   Any dwelling that receives its culinary water directly from the Manila culinary water system shall be considered as having complied with the conveyance requirement. (Ord. 6-15-94A, 6-15-1994)

   A.   In all zones, no fence or structure in excess of three feet (3') in height that will prevent a clear view to automobile drivers of approaching vehicles or pedestrians shall be placed on a corner lot or parcel of land within a triangular area formed by the lip of curb and gutter and a line connecting them at points forty five feet (45') from the point of intersection of said street lines (clear vision area), with the following exceptions:

      1.   Street trees and other landscaping plants are permitted within the clear vision area, provided they are pruned and trimmed to a height of not more than three feet (3') nor less than seven feet (7') above the established grade so as to not obstruct the clear view of motor vehicle drivers.

      2.   City wayfinding and traffic control signs.

   B.   Atypical Intersections: Based on a factual finding and recommendation from the City Planner and City Engineer, the City Council may adopt unique standards for clear view of intersecting streets for atypical intersections when it has determined a safety hazard may exist. An atypical intersection shall be any intersection where the intersecting streets sight lines significantly differ from ninety (90) degrees due to the angle of intersecting roads. Sight lines shall be measured one hundred feet (100') from the center point of the intersecting streets along the centerline of any one approaching street. The City shall notify affected property owners of the finding of an atypical intersection and that the City Council may adopt unique standard for that intersection.

      1.   Unique Standards: The City Council may adopt unique standards for each atypical intersection. In determining which standards to use, the City Council may consider sight lines, slopes, accident history, and other considerations of the intersection. The following prohibitions or limitations may be considered when implementing a unique standard, however the following list shall not be exhaustive:

         a.   A prohibition on any vegetation being planted in the line of sight.

         b.   A prohibition or limitation on fences or other structures being erected in the line of sight.

         c.   Other prohibitions or limitations as approved by the City Council.(Ord. 4-16-2002A, 4-16-2002; amd. Ord. 11-12-2024A, 11-12-2024)

   A.   Intent: It is the intent of this section to establish minimum standards for the placement and height of fences for the purpose of facilitating safety of pedestrians and motor vehicle users in connection with ingress and egress to private drives and parking areas, and to more adequately protect the health, safety and general welfare of the population.

   B.   Definitions And Terms: For the purpose of facilitating the implementation of this section, the following terms are hereby defined and further identified on the following figures 4-6-18A, 4-6-18B and 4-16-18C of this section:

CLEAR VISION AREA: That portion of a corner lot or parcel as defined within and subject to the provisions of section 10-5-17 of this chapter.

FENCE: Any constructed tangible barrier, lattice work, screen, wall, or any continuous growth of shrubs, vines, trees or other vegetative material.

OPEN FENCE: Means and includes any fence that is forty percent (40%) or more open and measured as an eight foot (8') width by the maximum fence height being proposed, including fence posts/pillars and rails.

OPTIONAL ENCLOSURE AREA: Means and includes the portion of the street side enclosure area beginning at the point fifteen feet (15') from the lip of curb and gutter to the required side setback excluding the clear vision area, all of the required front setback area and further identified in figure 4-6-18A of this section.

REAR SIDE ENCLOSURE AREA: Means and includes all yard area of a lot other than the area within the street side enclosure area and further identified in figure 4-6-18A of this section.

STREET SIDE ENCLOSURE AREA: Means and includes, as applicable:

      1.   Corner Lot: All of the required front setback area and also all of the required side setback area adjacent to a street and further identified in figure 4-6-18A of this section.

      2.   Interior Lot: All of the required front setback area of a lot and further identified in figure 4-6-18A of this section.

   C.   Fence Height And Placement:

      1.   Street Side Enclosure Area:

         a.   No fence shall be constructed or maintained at a height greater than three feet (3'), within any portion of the street side enclosure area; provided however, an open fence may be constructed at a height no greater than four feet (4').

         b.   Where there is uncertainty regarding the location of the lip of curb and gutter (i.e., lots adjacent to undedicated streets), the location of the street side enclosure area shall be determined by the city engineer.

      2.   Optional Enclosure Area: Within the portion of a lot designated as optional enclosure area, any fence may be constructed, subject to all of the following:

         a.   The maximum height of the fence shall be not more than six feet (6').

         b.   Driveway safe vision area. Where the closest portion of any vehicular driveway on the same or an adjacent lot is located within twelve feet (12') of a fence, the height of the fence shall be modified to conform to subsection C1 of this section.

         c.   Where the adjacent lot is vacant, the location of the closest portion of a vehicular driveway shall be assumed to be six feet (6') from the common lot boundary.

         d.   The entire portion of the street side enclosure area situated between the lot boundary and any proposed fence within the optional enclosure area shall be landscaped. The landscape treatment shall include, but not be limited to:

            (1)   A combination of turf and other plant materials; xeriscape. localscaping, and use of water conserving plants are encouraged. Pavers and other hardscaping materials may be used in conjunction with the planting of street trees;

            (2)   An adequate sprinkler irrigation system; and

            (3)   The placement of street trees distributed at the rate defined on the "list of acceptable street trees" as defined in figure 4-6-18B of this section. Trees installed in conformance with this requirement shall be limited to the species set forth and shall have a caliper of not less than one inch (1").

         e.   The request for approval of a fence within the optional enclosure area shall include a plan, drawn to scale, and show the proposed landscape treatment of the area between the property line and fence, together with a bond or other assurance acceptable to the city for the purpose of ensuring the installation of the landscape features.

         f.   Clear vision area. Notwithstanding any provision of this subsection, any fence, including any appurtenant pillar or post, or similar screening material, situated within the clear vision area of a corner lot or parcel shall comply with the requirements for such area as set forth under section 10-5-17 of this chapter. In the event of conflict, the provisions of the more strict shall apply.

      3.   Rear/Side Enclosure Area: Within the portion of a lot designated as rear/side enclosure area, the maximum height of any fence shall be six feet (6'), excluding the required front setback area.

   D.   Exceptions To Height Requirements:

      1.   Public Utility Facilities: Fences required by state law or policy to enclose public utility installations and schools shall be exempt from the height requirements, but shall meet other pertinent state and local requirements.

      2.   Tennis Courts, Sport Courts, Batting Cages, Swimming Pools, Etc.: Fence type enclosures for uses such as tennis courts, sport courts, swimming pools, ball diamond backstops, batting cages, etc., may be erected to a height greater than six feet (6') but not more than eighteen feet (18'), provided:

         a.   Such enclosure does not constitute a part of a fence enclosing a property.

         b.   All portions of the enclosure shall be located within the rear/side enclosure area of the lot.

         c.   The enclosure shall be set back from the property line of the lot to which it is appurtenant and also the main building upon said lot for a distance of not less than ten feet (10').

      3.   Retaining Walls: Where a retaining wall protects a cut or fill slope along a property line separating two (2) parcels, the owner of the parcel at the top of the retaining wall shall be entitled to construct a fence at the top of the retaining wall in conformance with the requirements of this section. The owner of the property at the bottom of the retaining wall shall be entitled to construct a fence to the same elevation as the top of a fence constructed or proposed to be constructed along the top of the retaining wall.

      4.   Pillars: Where a fence proposes the use of pillars, said pillars shall be allowed to extend up to eighteen inches (18") above the allowable height of the fence and a minimum spacing of six feet (6') between pillars.

   E.   General Requirements:

      1.   Construction Materials: All fences shall be constructed of substantial material and the design and construction shall be consistent with the quality of dwellings and other improvements within the surrounding area.

      2.   Barbed Wire Fences Prohibited: It shall be unlawful for any person to erect or cause to be erected or to maintain any barbed wire fence along or adjacent to any public street within a residential zone.

      3.   Building Permit Required; Zoning Administrator To Approve; Appeal: Before commencing construction, plans for all fences shall first be submitted to and approved by the zoning administrator. Where, in the opinion of the zoning administrator, a proposed fence does not conform to the criteria applicable for the proposed fence, or other requirement of this section, or would have the effect of creating an unsafe condition, the zoning administrator shall deny such application. Any applicant aggrieved by a decision of the zoning administrator may appeal the decision to the board of adjustment who shall have the authority to reverse, affirm or modify any decision of the zoning administrator.

      4.   Double Frontage Lots: The placement of fences within the rear lot portion of any double frontage lot shall conform to the standards for fences within the optional enclosure area (subsection C2 of this section) and the clear vision area (section 10-5-17 of this chapter), where applicable.

   F.   General Exceptions:

      1.   Planned Residential Or Commercial Developments: No fencing of any type or style is allowed surrounding or within a planned residential or commercial development without the prior recommendation of the planning commission and approval of the city council. The city council is authorized to grant approval on any type or style of fence within any planned residential or commercial development.

      2.   Altering Standards; Appeals: Standards may be altered upon request by a group of adjacent property owners upon a finding by the city manager or designee, after consulting with the zoning administrator, that the request is consistent to the objectives of this section.

         a.   Appeals to the city manager’s decision on exceptions may be made to the city council within thirty (30) days of the city manager’s decision.

   (For purpose of fencing ordinance)

 

(Ord. 4-16-2002A, 4-16-2002; amd. Ord. 11-18-2008B, 11-18-2008; Ord. 06-17-2014A, 6-3-2014; Ord. 06-29-2021A, 6-29-2021; Ord. 09-12-2023A, 9-12-2023)

   A.   Lot Width: For purposes of determining compliance with the lot width requirements, the measurement of lot width shall be the straight line distance between the opposite side lot lines measured at the minimum setback line. In the instance of a lot where more than seventy five percent (75%) of the front lot line abuts upon a cul-de-sac or curve having a radius less than eighty feet (80'), the width of lot shall be measured along a line that is at right angle to the point of tangency of said curve at the approximate midpoint of the lot, and at a distance equal to the front setback requirement.

   B.   Front Lot Line: The front lot line shall be the lot boundary line bordering on the adjacent public street that provides vehicular access to the lot. In the instance of a corner lot, the front lot line shall be the lot line having the shortest distance adjacent to a public street. (Ord. 2-17-98A, 2-17-1998)

A common drive project may be approved by the city council following recommendation of the planning commission and subject to the following findings and standards:

   A.   The access requirements of the zone permit common drive projects.

   B.   The maximum number of lots served by the common drive shall comply with the zoning requirements of the underlying zones. Factors such as public safety access, easements, natural slopes, and future development may reduce the number of lots served by a common drive.

   C.   The common drive area shall be included as a part of a lot area of one or more lots in the common drive project. Each of the lots within the common drive project shall have a perpetual right of access to the common drive. Such right of access shall be in the form of a recorded easement or other conveyance approved by the city.

   D.   Each lot within the common drive project shall conform to the area and width requirements of the underlying zone, not including any portion of the lot included within the common drive.

   E.   The common drive area shall be not less than twenty four feet (24') in width and shall be improved with an all weather driveway not less than twenty feet (20') in width that conforms to the requirements of the adopted fire code. The common drive shall be no longer than three hundred feet (300') and shall terminate with a cul-de-sac or other turnaround approved by the fire chief, or his designated representative.

   F.   Each lot in the project shall be served by separate connections for culinary water, secondary irrigation water and sewer. Each lot shall be serviced by a fire hydrant that is connected directly to a city owned water line and located such that it provides adequate fire flow, as determined by the fire chief, or his designated representative.

   G.   The maximum grade of the common drive shall comply with the requirements for subdivisions. The grade, at the point of connection with the public street, shall conform with the minimum city standards for street intersections.

   H.   The design shall make adequate provision for on site disposal of all surface drainage arising on the project, as determined by the city engineer. (Ord. 1-2-2001A, 1-2-2001; amd. Ord. 3-4-2003C, 3-4-2003; 2004 Code; Ord. 08-15-2023B, 8-15-2023)

Cross connections shall be as provided in title 7, chapter 5 of this code. (2004 Code)

(Rep. by Ord. 8-16-2011A, 8-16-2011)

(Rep. by Ord. 7-8-2008B, 7-8-2008)

Where a public water line or sewer line is to be placed in an easement adjacent to a side lot line of a lot within a subdivision, planned unit development or similar large scale development project, and requires an extraordinary width of easement to accommodate the water line or sewer line, the city council may approve a reduction in the setback distance of the opposite side yard. Any such reduction shall not exceed thirty percent (30%) of the minimum setback distance. (Ord. 6-1-2004A, 6-1-2004)

   A.   Intent: The following regulations have been established to provide standards for the establishment and operation of bed and breakfast facilities. (Ord. 12-7-2004D, 12-7-2004)

   B.   Application And Approval Required: A bed and breakfast facility may be approved by the Planning Commission, subject to a finding of compliance with the following terms and conditions:

      1.   Use Within District: A bed and breakfast facility is specifically listed as a permitted or conditional use within the zone district.

      2.   Lot Area; Frontage: The lot area upon which the bed and breakfast facility is to be located shall be thirty thousand (30,000) square feet or greater, and contain a frontage of at least two hundred feet (200').

      3.   Number Of Bedrooms: The maximum number of bedrooms to be available for rental to patrons of the bed and breakfast facility shall be two (2), not including the portion of the structure occupied by the residing family. A bed and breakfast facility may include one (1) additional bedroom for each additional five thousand (5,000) square feet of lot area in excess of thirty thousand (30,000) square feet of lot area, up to a maximum of six (6) bedrooms, not including the portion of the structure occupied by the residing family.

      4.   Location Of Bedrooms: All bedrooms shall be located within the primary dwelling, except where a bed and breakfast facility contains five (5) or more bedrooms for patrons, up to two (2) of the bedrooms may be located in separate buildings located on the site of the primary structure.

      5.   Entrance: The primary entrance for bedrooms located within the primary structure shall be the same as for the residing family.

      6.   Use Of Bedrooms; Food Preparation And Consumption: Each bedroom used for rental shall be for sleeping purposes only. No bedroom shall include any facilities for the preparation of food. All meals provided shall be prepared within the kitchen utilized by the residing family and consumed within the dining area used by the residing family.

      7.   Off Street Parking: Off street parking space shall be provided for both the residing family and occupants of each bedroom intended for rental, as follows: not less than two (2) spaces for the residing family, plus one (1) space for each bedroom proposed for rental.

      8.   Inspection: The structure shall have been inspected by the City Chief Building Official or building inspector and approved for fire safety and structural adequacy.

      9.   Residential Environment Retained: In the opinion of the Planning Commission, the placement of parking and other elements of the project will be consistent with the surrounding residential environment. No portion of the front setback area shall be used for off street parking, except for the portion occupied by the driveway.

      10.   Signage: Signs shall comply with the requirements of the City's sign regulations section 10-5-26, "Signs", of this chapter.

      11.   Business License Required: The bed and breakfast facility shall have been issued a business license to operate within the City. (Ord. 05-16-2017A, 5-16-2017)

   A.   Purpose And Intent: The City Council finds that unregulated signage can be detrimental to public safety, that it can result in visual blight and negatively impact local property values, and that it can displace alternative land uses.

      1.   It is the purpose of this section to promote public safety and to foster an appealing cityscape, and in accordance with the State and Federal Constitutions, the General Plan, and for the general welfare 1 ; and

      2.   To promote the health and well being of the public generally, pedestrians and motorists, by minimizing obstruction, visual or otherwise, distraction, and related safety and traffic hazards within the city; and

      3.   To preserve and enhance the beauty of the city by minimizing visual clutter and regulating physical characteristics of and placement of signage within the city.

   B.   General Provisions:

      1.   Signage shall be regulated within each zone of the city. Signage in residential zones shall have specific limitations as set forth herein. Signage in commercial/industrial zones shall have specific limitations as set forth herein.

      2.   Signs shall be deemed either permanent or temporary. Both temporary and permanent signs are allowed in all zones, except where specifically prohibited. A permit shall be required for all permanent signs, except as otherwise provided herein.

      3.   All signage shall be reasonably secured and maintained so as to withstand normal weather conditions including, but not limited to, wind, rain, snow and so forth. Signs, whether temporary or permanent, shall be constructed in such a way so as to preserve the public safety and shall be maintained in such a manner so as to prevent disrepair and visual blight.

      4.   All signage shall be generally prohibited from being posted or left behind on public property, in any public right of way, on utility poles, historical markers, on publicly owned property, including trees, and on street and traffic signs.

         a.   Exception: Where the city has traditionally allowed public property to be used as an open public forum, temporary noncommercial signage shall be allowed only if the signage is handheld or personally attended, and where said signage presentation does not block public rights of way, disrupt the peace, incite to violence, or cause any other public disturbance.

         b.   Exempt: Signage dedicated for government use including traffic signs, traffic lights, street signs, directional signs, public safety signs and related signage shall be exempt from the prohibition against signage in any public right of way. (Ord. 8-16-2011A, 8-16-2011)

         c.   Exempt Temporary Signage: Temporary signage used for government purposes that is informational in nature or related to events, elections, recreation, or other city programming may be placed on public property or in the public right of way. Such temporary signage shall be limited to three feet (3') in height, and five feet (5') in length. Signage may be posted no more than fourteen (14) days before the occurrence of an event and shall remain for no more than one business day after the occurrence of an event; no more than two (2) signs shall be permitted in any location; and where said signage presentation does not block public right of way, disrupt the peace, incite to violence, or cause any other public disturbance. Such exception does not apply to the roundabout portion of 4600 W. Cedar Hills Drive, where signs shall be limited to one at any given time. (Ord. 10-20-2015C, 10-20-2015)

      5.   All signage shall be subject to a discontinued use limitation, whereupon the owner of said signage shall remove such no later than sixty (60) days after a discontinued use. A "discontinued use" shall include the expiration of a permit, abandonment of the sign, or the completion of an event or sale for which the sign was posted. "Discontinued use" shall not include the involuntary destruction of a sign in whole or in part due to fire or other calamity unless the sign has been abandoned.

   C.   Signs In Residential Zones:

      1.   In residential zones, signage may be placed in accordance with the lesser of the following setback limitations:

         a.   Signage may be placed on a lot in accordance with the front, side, and rear yard limitations of the applicable zone, if there be such, and may conform to setback limitations provided for accessory buildings, so long as such placement conforms to all setback and placement limitations for accessory buildings as set forth in the zoning code; or

         b.   Signage may be placed no closer than three (3) linear feet from the sidewalk, curb, or street (whichever is farthest) three (3) linear feet from the edge of the lot, and three (3) linear feet from a neighboring lot.

      2.   Except for window signs, all signage on any residential lot shall be limited to a maximum elevation or height of six feet (6'). Where a building on a residential lot has more than one level, window signs shall be allowed on each level of the building.

      3.   Any window sign shall not exceed twenty five percent (25%) of a window display area and shall not exceed a total window display area for all windows of thirty two (32) square feet. In multiple- unit residential buildings, the total window display area allowed shall apply to each individually rented or owned unit and not to the building as a whole.

      4.   Commercial signage on a residential lot shall be limited to a cumulative display area of thirty two (32) square feet for temporary commercial signs, plus an additional six (6) square feet for a permanent commercial sign if a variance has been granted for a business use on the residentially zoned lot.

      5.   Noncommercial signage on a residential lot shall be limited to a cumulative display area equal to that permitted for any commercial signage on the same lot.

      6.   The display area of a two (2) faced sign with identical copy on both sides shall be counted as the display area of only one of the faces.

   D.   Signs In Commercial And Industrial Zones:

      1.   In commercial or industrial zones, signage may be placed in accordance with the lesser of the following setback limitations:

         a.   Signage may be placed on a lot in accordance with the front, side, and rear yard setback limitations of the applicable zone, if there be such; or

         b.   Signage may be placed no closer than three (3) linear feet from the sidewalk curb, or street (whichever is furthest), three (3) linear feet from the edge of the lot, and three (3) linear feet from a neighboring lot.

      2.   All signage on a commercial or industrial lot shall be limited to a maximum elevation or height of thirty feet (30').

      3.   Any window sign on a commercial or industrial lot shall not exceed fifty percent (50%) of a window display area and shall not exceed a total window display area for all windows of one hundred (100) square feet. Where a building on a commercial lot has more than one level, window signs shall be allowed on each level of the building.

      4.   Commercial signage on a commercial or industrial lot shall be limited to a cumulative display area of twenty five percent (25%) of the facade of the building or structure it represents or which is found on the commercial lot, or to ninety (90) square feet, whichever is greater.

      5.   Noncommercial signage on a commercial or industrial lot shall be limited to a cumulative display area equal to that permitted for any commercial signage on the same lot.

      6.   The display area of a two (2) faced sign with identical copy on both sides shall be counted as the display area of only one of the faces. (Ord. 8-16-2011A, 8-16-2011)

   E.   Signs In Public Facility Zone:

      1.   In the Public Facility Zone, signage may be placed in accordance with the lesser of the following setback limitations:

         a.   Signage may be placed on a lot in accordance with the front, side, and rear yard setback limitations of the applicable zone, if there be such; or

         b.   Signage may be placed no closer than three (3) linear feet from the sidewalk curb, or street (whichever is furthest), three (3) linear feet from the edge of the lot, and three (3) linear feet from a neighboring lot.

      2.   All signage on a lot in the Public Facility Zone shall be limited to a maximum elevation or height of twenty feet (20').

      3.   Marquee digital signs may be allowed in the Public Facility Zone, subject to the following conditions:

         a.   Sign is owned, operated, and maintained by a public school. Any messages displayed on a digital marquee should be those that relate with such property type of events/activities, with the exception of public service announcements.

         b.   Sign does not illuminate into adjacent residential lots. Only indirect and diffused lighted signs are permitted in the PF Zone. Lights that are not an integral part of a sign must be directed away from surrounding properties and oncoming traffic. No flashing or rotating lights are permissible.

         c.   Electronic displays shall not include animation, full motion video, flashing, strobing, racing, blinking, changes in color, fade in or fade out in any manner imitating movement, or any other means not providing constant illumination.

         d.   Each message shall be illuminated for at least eight (8) seconds before transitioning to a new message.

         e.   Operation and illumination of sign shall not occur between the hours of nine o'clock (9:00) P.M. and six o'clock (6:00) A.M. (Ord. 06-19-2018A, 6-19-2018)

   F.   Permanent Signs:

      1.   Permit and fee required.

      2.   Any sign that is permanently constructed, attached, or intended to remain for more than one hundred twenty (120) days shall be deemed permanent and requires a permit. Permanent signs shall be subject to a fee.

      3.   A sign shall be deemed permanently constructed if, standing alone, it exceeds thirty two (32) square feet in display area, or exceeds six feet (6') in height, or weighs more than twenty (20) pounds.

      4.   A sign shall be deemed attached if it is connected to or protruding from any building or similar structure, interior window signs excluded.

      5.   A sign intended for use during a specified, limited time, which is posted more than sixty (60) days before the occurrence of an event or sale and which shall remain for more than sixty (60) days after the occurrence of an event or sale or commencement thereof shall be deemed permanent.

Exempt: Any signage related to issues on the ballot for an upcoming election, whether a primary or general election, are hereby deemed temporary despite the actual number of days displayed and are deemed to have satisfied any permit and fee requirements. Said signage is subject to the discontinued use provision set forth above.

      6.   The City finds that permanent signage requires review by the Zoning Administrator to ensure that the constructed sign will be structurally safe and durable so as to preserve and promote public safety.

      7.   Permanent signage shall be subject to the discontinued use provision set forth above.

   G.   Temporary Signs:

      1.   No permit or fee required.

      2.   Any sign that is not permanently constructed or attached as defined above, or that is intended for use during a specified, limited time of one hundred twenty (120) days or less shall be deemed temporary and shall not require a permit or be subject to a fee. All temporary signage shall be subject to the discontinued use provision set forth above.

   H.   Window Signs:

      1.   No permit or fee required. No time limitation.

      2.   A window sign is any copy posted on or sign posted inside of a window of a building, house, or similar structure. No permit or fee is required to post a window sign. Window signs shall not be limited to a specific number of days allowed for display; however said signage shall be removed upon discontinued use. Window signs shall be subject to the display area limitations and size limitations set forth above under signs in residential and commercial/industrial zones.

   I.   Sexually Oriented Business Signs: Commercial signage for a sexually oriented business shall be prohibited off site from the actual lot where the business is lawfully located. Said signage shall be limited to alphanumeric copy only and shall be limited to a display area of thirty two (32) square feet. (Ord. 8-16-2011A, 8-16-2011; amd. Ord. 06-19-2018A, 6-19-2018)

   J.   Prohibited Signs:

A-FRAME SIGN: Any sign or structure composed of two (2) sign faces mounted or attached back to back to form a triangular vertical cross section through the faces or structure over three feet (3') in height and three feet (3') in width from grade.

ABANDONED SIGN: Any sign or structure that no longer correctly directs or influences a person, identifies or advertises a bona fide business, lessor, service, owner, product, or activity.

ANIMATED OR FLASHING SIGN: A sign that includes movement or optical illusion of movement or rotation of any part by mechanical, artificial or atmospheric means or a sign that displays flashing or intermittent lights. Time and temperature devices and banners and flags shall be exempted from this definition.

BALLOON OR INFLATABLE SIGN: Any device supported by heated air, forced air, or other gases for the purpose of drawing attention.

BILLBOARD: A high profile freestanding ground sign on one or more poles, typically located along freeways or major highways, but not limited thereto, designed or intended to direct attention to a business, product, or service that is not sold, offered, or existing on the property where the sign is located.

MARQUEE SIGN: Any sign attached to, in any manner, or made part of a marquee. A marquee is a permanent rooflike structure projecting beyond a building or wall of the building, generally designed and constructed to provide protection from the weather.

MOTION SIGN: A sign that has motion either constantly or at intervals or that gives the impression of movement through intermittent flashing, scintillating, or varying the intensity of illumination whether or not said illumination is reflected from an artificial source or the sun.

PENNANT SIGN: A sign made of lightweight plastic, fabric, or other material whether or not containing a message of any kind, suspended from rope, wire, or string, usually in series, designed to move in the wind.

PROJECTING SIGN: A sign attached perpendicular to a building structure and extending in whole or in part more than twelve inches (12") beyond the wall to which it is attached.

ROOF SIGN: A sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof or which does not lie flat on the roof.

ROTATING SIGN: Any sign or portion of a sign that moves in a revolving or similar manner.

SNIPE SIGNS: Any sign typically made of non- or semi-durable material, mounted to a tree, to a utility pole, or to the ground by nails, staples, a wire frame, or similar device within a right-of-way, including public and private parking strips and medians, or on public property. (Ord. 8-16-2011A, 8-16-2011; amd. Ord. 3-20-2012C, 3-20-2012; Ord. 06-19-2018A, 6-19-2018)

   K.   Issuing A Permit: Permit issuance is subject to the following application process and review:

      1.   Application Process: The City shall prepare a "sign permit request" form, which shall request the applicant or agent's name, telephone number, address, where the proposed sign(s) will be placed, whether the sign is intended to remain for more than one hundred twenty (120) days, whether the sign is intended to serve commercial purposes, to identify zoning restrictions, and which may include, but is not limited to, a site plan, sign layout, a sign depiction, elevation of existing and future buildings, and any other reasonably related information necessary for the Zoning Administrator to be able to determine whether the sign complies with the design and placement requirements set forth in this chapter. Proposed signs that are larger and that are intended to remain for a longer period of time will require more information to assist the Zoning Administrator in determining whether the sign will be safe and durable.

      2.   Application; Fee: Applications will not be accepted without the accompanying fee for a permanent sign.

      3.   Fees: Permanent signage shall be subject to a permit application fee as determined by the City Council (see City fee schedule).

      4.   Form: The sign permit request form shall include a checkbox with a statement indicating that, if checked, the applicant agrees to allow the City to enter and remove the sign for which the permit is requested if the sign's removal period expires, in lieu of prosecution by the City Prosecutor and in lieu of a fine.

      5.   Review: If the Zoning Administrator determines that a sign permit request is incomplete, or that signage will conflict with the provisions of this chapter because of illegal content or nonconforming proposed design and placement, the request shall be returned to the applicant as incomplete. The applicant may revise and resubmit the amended sign permit request with additional information as necessary.

      6.   Granting Or Denial Of Permit Request: The Zoning Administrator shall make a decision to grant or deny a sign permit request in accordance with this chapter and other applicable City, State, and Federal laws and ordinances. No sign permit shall issue unless the sign permit request and sign comply with the provisions of this chapter.

      7.   Permanent Signs: The Zoning Administrator shall issue a decision to grant, deny, or return as incomplete the sign permit request within thirty (30) days of submission.

      8.   Appeal: An applicant wishing to appeal the Zoning Administrator's decision to reject a permit application to the Planning Commission has ten (10) days to do so 2 . The planning commission, on administrative appeal, shall review the applicant's sign permit request form for completeness in an open and public meeting at which the applicant shall be allowed to appear and present and then determine whether the applicant's proposed sign complies with the design and placement requirements set forth in this chapter, and subsequently return a decision either to uphold or reverse the Zoning Administrator's decision within twenty (20) days.

   L.   Permit Limitations:

      1.   Transferability: Permits, permit numbers, permit applications, and supporting information shall not be transferable to other sites or signs and shall be valid only for a specific sign at the designated location. If at any time a sign or sign structure is altered, removed, or relocated in a manner different from the terms of an issued sign permit, such existing sign permit will become void and a new application must be made for the sign as altered or relocated.

Exception: Signs associated with a business that has its ownership transferred with no proposed alteration to the business name, building, or signage shall, upon notification to the City, have its permits transferred to the new business owner without need of a new application.

      2.   Expiration: A permit shall expire and become null and void if work on the sign is not commenced within sixty (60) days from the date of the permit or if work is suspended or abandoned. In such case, a new permit shall be obtained, and where the permit is for a permanent sign, a new fee shall be paid.

      3.   Written Suspension Of Permit: The City may in writing suspend or revoke a permit issued under provisions of this section whenever the permit is issued on the basis of a material omission or misstatement of fact or in violation of any ordinance.

      4.   Nuisance: No permit for a sign may be deemed to constitute permission or authorization to maintain a public or private nuisance, nor shall any permit issued hereunder constitute a defense in any action to abate a nuisance.

   M.   Removal Of Signs:

      1.   Zoning Administrator: The Zoning Administrator is hereby authorized to require removal of any sign. Before bringing action to require removal of any sign, the Zoning Administrator shall give written notice to the owner of the sign or the owner of the premises on which such sign is located. The notice shall state the violation charged and the reasons and grounds for removal, specifying the deficiencies or defects and what repairs, if any, will make the sign conform to the requirements of this chapter. The notice shall also specify that the sign must be removed or made to conform with the provisions of this chapter within the notice period. Service of notice shall be made personally on the owner or lessee, or by certified mail addressed to the owner or lessee at the address specified in the permit or the last known address.

      2.   Notice Period: The notice period for permanent signs shall be fifteen (15) days. The notice period for temporary signs shall be three (3) days.

      3.   Prosecution: If the owner or lessee of the premises upon which the sign is located has not demonstrated to the satisfaction of the Zoning Administrator that the sign has been removed or brought into compliance with the provisions of this chapter by the end of the notice period, the Zoning Administrator shall first submit an order for removal by the City, and if necessary, due to inability to access the sign for removal, submit the violations to the City Prosecutor for prosecution. If the City removes the sign, any and all prosecution charges shall be dropped.

      4.   Continuous Violation: Reerection of any sign or substantially similar sign on the same premises after a notice of violation has been issued shall be deemed a continuation of the original violation.

      5.   Removal Of Temporary Signs: The Zoning Administrator may remove any illegal temporary sign which is maintained or reerected after the expiration of the notice period, if the owner or lessee of the premises has been issued a notice of violation at least once before for the same violation involving the same or similar sign. When temporary signs are removed by City staff, the responsible party shall be notified within two (2) business days of the reason for the removal and the location from which the sign was removed. Removed signs shall be made available for the responsible party to pick up for three (3) calendar days. After that time, removed signs will be destroyed.

      6.   Safety Hazard: Notwithstanding other provisions of this subsection, the Zoning Administrator may cause the immediate removal, following notice to the owner of the sign or the property on which it is located of any unsafe or defective sign that creates an immediate hazard to persons or property.

      7.   Costs Of Corrective Action: The costs of removal of a sign by the City shall be borne by the owner of the sign.

   N.   Requirement Of Conformity:

      1.   No sign for which a permit is issued after the effective date of this chapter, may be placed or maintained in the City except as provided in this chapter.

      2.   All signs maintained contrary to the provisions of this chapter are declared to be nonconforming and, as such, may be dealt with or removed as provided herein.

      3.   Any sign that poses a public safety hazard may be removed as specified herein.

   O.   Nonconforming Signs:

      1.   Nonconforming signs which preexist the effective date hereof shall be removed upon their discontinued use according to the general discontinued use provision set forth above.

      2.   Nonconforming signs which become unsafe due to natural wear and tear shall be deemed a discontinued use and subject to removal without an option to repair or replace with a similar nonconforming sign.

      3.   Except as provided for in the Utah Code Annotated, billboards shall be generally prohibited. Signs which constitute billboards prior to the effective date hereof are protected only insofar as provided for in the Utah Code Annotated. Titles within the Utah Code Annotated which protect billboards include, but are not limited to, title 72, chapter 7, which is the Protection of Highways Act and title 10, chapter 9a, which is the Municipal Land Use, Development, and Management Act 3 .

   P.   Enforcement: A violation of this section is punishable as a Class C misdemeanor and shall be punishable by a fine of not more than five hundred dollars ($500.00) when a person fails to alter or repair or remove a noncompliant sign after notice of a violation.

   Q.   Noncommercial Copy: Notwithstanding any provision of this chapter to the contrary, to the extent that this chapter allows a sign containing commercial copy, it shall allow a sign containing noncommercial copy to the same extent. Any signage containing obscenity, defamation, fighting words, true threats or anything like unto it is prohibited as a matter of law.

   R.   Applicability Of The Zoning Code: The regulations of this section are in addition to those set forth in the planning and zoning provisions of this chapter and any other ordinances adopted by the City Council, and do not contain any rights not otherwise granted under the provisions and procedures contained in this chapter or any other ordinances.

   S.   Applicability Of The Utah Code: The provisions of this section are enforceable only in accordance with the governing and enabling provisions of the Utah Code Annotated. It is the intent of the drafters herein that this section comply with such governing provisions.

   T.   Scope: The requirements of this chapter shall not be construed so as to prohibit or limit other applicable provisions of this chapter/title, this Code, or the Utah Code Annotated (UCA). In the instance where provisions of this chapter conflict with other provisions of this Code, the terms of this chapter shall govern. In the instance where provisions of this chapter conflict with provisions of the Utah Code, the Utah Code shall govern.

   U.   Interpretation:

      1.   In interpreting and applying the provisions of this chapter, the sign regulations contained herein shall be interpreted by the Zoning Administrator. If the Zoning Administrator determines that an application needs further interpretation, he may request Planning Commission review of the proposal.

      2.   The Zoning Administrator and Planning Commission shall seek to administer this section in a content neutral manner.

   V.   Variances: For rules regarding variances, see Utah Code Annotated section 10-9a-702. (Ord. 8-16-2011A, 8-16-2011; amd. Ord. 06-19-2018A, 6-19-2018)

   A.   Intent And Purpose: It is the intent of this section to ensure the timely installation of landscaping within the front yard areas of residential lots occupied by a dwelling. The purpose is to conserve the public’s water resources, promote water efficient landscaping, protect and enhance the community’s environmental, economic, recreational, and aesthetic resources by promoting efficient use of water in the community’s landscapes, reduce water waste and establish a structure for designing, installing and maintaining water efficient landscapes throughout the City.

   B.   Required: The front yard area of any existing lot containing a dwelling shall be landscaped. It shall be unlawful for the owner of any residential lot within the City to refuse to install and maintain landscaping within the front yard area of any existing residential lot containing a dwelling. The front yard area shall consist of the entire lot area from the front lot line to the face of the dwelling, or the front setback area, whichever is greater (except for approved designated parking areas). Corner lots have two (2) front setback areas. Landscaping shall be properly maintained including removing weeds and mowing turf areas. Turf grass shall not exceed six inches (6") in height.

   C.   Defined:

 

 

   D.   Approved Landscaping Methods:

Preference should be given to living landscape materials that are native, drought tolerant, or suitable for this climate. Landscape schemes should also focus on conserving irrigation water by judicious use of mixes of appropriate living and nonliving materials irrigated with an automated delivery system designed to maximize the benefit of water without waste. Pavers are an acceptable material for use in a landscaping strip.

      1.   Irrigation System: Where the landscaping includes turf and other plant materials that require the application of irrigation water in order to be sustained, an irrigation system shall be installed and designed to provide adequate quantities of water to those areas requiring irrigation. Xeriscaped areas shall be watered only using drip/trickle irrigation systems, or other similar systems used to reduce water consumption.

      2.   Xeriscape: A landscaping method that employs the use of drought tolerant plants and techniques in order to conserve water. Nothing in this section shall be construed to prohibit the use of drought tolerant vegetation and nonvegetative materials. Provided however, failure of an owner to install and maintain landscaping within the front yard area under the guise that the vegetation and bare ground that occur naturally on the site constitutes xeriscaping shall not qualify as conforming with the provisions of this section.

      3.   Localscaping: A series of landscaping patterns and practices that considers Utah’s climate to minimize outdoor water consumption, while maximizing landscape aesthetics and functionality.

   E.   Landscaping In New Construction:

      1.   Time Limitation: In the instance of lots upon which a dwelling is being constructed, the landscape features required by this section shall be installed within twelve (12) months of issuance of a final inspection approval for the dwelling. Notice of this requirement shall be given to the utility services applicant prior to, or at the time of, final inspection approval.

   F.   Landscaping Requirements for All New Developer/Contractor Installed in Front and Side Yard Landscaping:

      1. Lawn shall not be less than eight feet (8') wide at its narrowest point.

      2.   Lawn shall not exceed thirty-five percent (35%) of the total landscaped areas. Total landscaped areas: improved areas of the property that incorporate all the completed features of the landscape. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, and other non-irrigated areas intentionally left undeveloped.

         a.   Small residential lots, which have no back yards, which the total landscaped area is less than two hundred and fifty dollars (250) square feet, and which the front yard dimensions cannot accommodate the minimum eight feet (8') wide lawn area requirement, are exempt from the eight feet (8') minimum width lawn area requirement and maximum of thirty-five percent (35%) lawn requirement.

      3.   Lawn shall not be installed in park strips, paths or on slopes greater than twenty-five percent (25%) or four to one (4:1) grade.

      4.   In commercial, institutional, and multi-family development common area landscapes, lawn areas shall not exceed twenty percent (20%) of the total landscaped area, outside of active recreation areas.

   G.   Landscaping Of Existing Dwellings: In the instance of lots upon which a dwelling unit has already been constructed and/or occupied, the owner shall be noticed in writing of the landscape ordinance and required to install landscaping within twelve (12) months of written notice.

   H.   Enforcement: The Zoning Administrator is hereby charged with the responsibility for enforcement of this section. The owner of any dwelling that does not conform with the provisions of this section shall be in violation of this section, and as such, be subjected to an immediate administrative citation and a landscape installation fine as shown on the City fee schedule.

   I.   Appeal: The owner of any dwelling aggrieved by the issuance of an administrative citation or bond forfeiture shall have and maintain a right to appeal to the City Manager or designee, provided said appeal shall be submitted not more than thirty (30) days following the issuance of the administrative citation or forfeited bond. The City Manager or designee shall have the right, after notice to the utility services applicant and hearing on the matter, to confirm, waive or amend the terms of the administrative citation or forfeiture of bond. In considering an appeal under this section, the City Manager or designee shall ensure that the purposes and intent of this section and the City’s other land use ordinances are achieved.

   J.   Penalty: Any public or private entity violating any of the provisions of this section, as determined by a finding by the Zoning Administrator, shall receive a fine/fee according to the City fee schedule. (Ord. 2-17-2009B, 2-17-2009; amd. Ord. 10-20-2009C, 10-20-2009; Ord. 05-19-2015A, 5-19-2015; Ord. 11-17-2020A, 11-17-2020; Ord. 06-29-2021A, 6-29-2021; Ord. 05-26-2023A, 5-26-2023)

   A.   Purpose And Intent: The unique character, landscapes and scenic vistas of the City are among its most valuable assets. Preserving and promoting those assets are essential to the long range social and economic well being of the City and its inhabitants. Protecting these assets requires sensitive placement and design of wireless communication facilities so that these facilities remain in scale and harmony with the existing character of the community. The purpose and intent of this section is:

      1.   To accommodate new technology and develop regulations on the use and development of City property for new cell tower facilities.

      2.   To regulate personal wireless services antennas, with or without support structures, and related electronic equipment and equipment structures.

      3.   To provide for the orderly establishment of personal wireless services facilities in the City.

      4.   To minimize the number of antenna support structures by encouraging the collocation of multiple antennas on a single new or existing structure.

      5.   To establish siting, appearance, and safety standards that will help mitigate the potential impacts related to the construction, use and maintenance of personal wireless communication facilities.

      6.   To comply with the Telecommunication Act of 1996 by establishing regulations that: a) do not prohibit or have the effect of prohibiting the provision of personal wireless services, b) do not unreasonably discriminate among providers of functionally equivalent services, and c) are not based on the environmental effects of radio frequency emissions to the extent that such facilities comply with the Federal Communications Commission's regulations concerning such emissions.

   B.   Findings:

      1.   Personal wireless services facilities (PWSF) are an integral part of the rapidly growing and evolving telecommunications industry, and present unique zoning challenges and concerns by the City.

      2.   The City needs to balance the interests and desires of the telecommunications industry and its customers to provide competitive and effective telecommunications systems in the City, against the sometimes differing interests and desires of others concerning health, safety, welfare, and aesthetics, and orderly planning of the community.

      3.   The City has experienced an increased demand for personal wireless services facilities to be located in the City, and expects the increased demand to continue in the future.

      4.   It is in the best interests of the City to have quality personal wireless services available, which necessarily entails the erection of personal wireless services facilities in the City.

      5.   The unnecessary proliferation of personal wireless services facilities throughout the city creates a negative visual impact on the community.

      6.   The visual effects of personal wireless services facilities can be mitigated by fair standards regulating their site, construction, maintenance and use.

      7.   A private property owner who leases space for a personal wireless services facility is the only one who receives compensation for the facility, even though numerous other property owners in the area are adversely affected by the location of the facility.

      8.   Chapter 69-3, Utah Code Annotated, grants cities the authority to create or acquire sites to accommodate the erection of telecommunications towers in order to promote the location of telecommunication towers in a manageable area and to protect the aesthetics and environment of the area. The law also allows the city to require the owner of any tower to accommodate the multiple use of the tower by other companies where feasible and to pay the city the fair market rental value for the use of any city owned site.

      9.   Telecommunications towers located on government property with the lease payments being paid to the city, instead of individual property owners evenly distributes the income from the lease payments to all citizens of the city through increased government services thus indirectly compensating all of the citizens of the city for the impact all citizens experience. The public policy objectives to reduce the proliferation of telecommunications towers and to mitigate their impact can be best facilitated by locating telecommunications and antenna support structures on property owned, leased or used by the city as a highest priority whenever feasible.

   C.   Definitions: The following words shall have the described meanings when used in this section, unless a contrary meaning is apparent from the context of the word:

ANTENNA: A transmitting or receiving device used in telecommunications that radiates or captures radio signals.

ANTENNA SUPPORT STRUCTURE: Any structure that can be used for the purpose of supporting an antenna(s).

CITY: The City of Cedar Hills, Utah.

CITY OWNED PROPERTY: Real property that is owned by the city.

CLOSE TO TOWER MOUNT (Also Known As SLIM MOUNT): Antennas on cell towers mounted very close to the tower in order to appear less noticeable.

COLLOCATION: The location of an antenna on an existing structure, tower or building that is already being used for personal wireless services facilities.

MONOPOLE: A single, self-supporting, cylindrical pole, constructed without guywires.

PERSONAL WIRELESS SERVICES: Commercial mobile telecommunications services, unlicensed wireless communications services, and common carrier wireless telecommunications exchange access services.

PERSONAL WIRELESS SERVICES ANTENNA: An antenna used in connection with the provision of personal wireless services.

PERSONAL WIRELESS SERVICES FACILITIES (PWSF): Facilities for the provision of personal wireless services. Personal wireless services facilities include transmitters, antennas, structures supporting antennas, and electronic equipment that is typically installed in close proximity to a transmitter.

PRIVATE PROPERTY: Any real property not owned by the city, even if the property is owned by another public or government entity.

STEALTH DESIGN: Personal wireless services facilities that have been designed to be compatible with the natural setting and surrounding structures, and that camouflage or conceal the presence of antennas and/or towers.

TOWER: A freestanding structure that is used as a support structure for an antenna.

WHIP ANTENNA: An antenna that is cylindrical in shape. Whip antennas can be directional or omnidirectional and vary in size depending on the frequency and gain for which they are designed.

   D.   Applicability: This section applies to both commercial and private low power radio services and facilities, such as "cellular" or PCS (personal communications system) communications, and paging systems. This section shall not apply to the following types of communications devices, although they may be regulated by other city ordinances and policies:

      1.   Amateur Radio: Any tower or antenna owned and operated by an amateur radio operator licensed by the federal communication commission.

      2.   Amateur T.V.: Any tower or antenna owned and operated by an amateur T.V. operator licensed by the federal communication commission.

      3.   Residential Rooftop Antenna: Any device designed for over the air reception of television broadcast signals, multichannel multipoint distribution service, internet service, or direct satellite service.

      4.   Cable: Any cable television head end or hub towers and antennas used solely for cable television services.

   E.   Location:

      1.   Priority Of Antenna Site Locations: Personal wireless services antennas shall be located as unobtrusively as is reasonably possible. To accomplish this goal, the provider shall locate antennas on sites in the following order of priority:

         a.   First: Collocation on approved city owned property.

         b.   Second: Other city owned properties.

         c.   Third: Public school property.

   F.   Uses:

      1.   Conditional Uses: A wireless telecommunication facility that conforms to the development standards shall be a conditional use in any zone. A separate application shall be required for each proposed facility.

         a.   Stealth Design Is Preferred: The intent of this subsection is to allow creativity in the design of a proposed facility so that it will have as little visual impact as possible. Stealth designs may include, but are not limited to, the use of one or more of the following:

            (1)   Appearance (Mounted): Screening, structure, and/or antenna design that blends with the architecture of the existing structure upon which the antenna will be mounted;

            (2)   Appearance: Screening, structure, antenna, and/or location design that blends with and/or takes advantage of existing vegetation and/or features of a site; and

            (3)   Color: Color schemes that make an antenna less noticeable. Existing structures on the lattice tower may remain and new structures must be stealth design;

            (4)   Not Permitted Uses: Lattice towers, guyed towers, and other nonstealth towers are not permitted in any location.

      2.   Collocation Requirement: Unless otherwise authorized by the approving authority for good cause shown, every new tower shall be designed and constructed to be of sufficient size and capacity to accommodate at least two (2) additional wireless telecommunications providers on the structure in the future.

      3.   Lease Agreement: The city has no implied obligation to lease any particular parcel of city owned property to an applicant. The city shall enter into a standard lease agreement with the applicant for any facility built on city property. The mayor or city manager is hereby authorized to execute the standard lease agreement on behalf of the city. The lease shall contain the condition that the approving authority must first approve the site plan before the lease can take effect, and that failure to obtain such approval renders the lease null and void.

   G.   Procedure:

      1.   Application Requirements: Any person desiring to develop, construct or establish a personal wireless services facility in the city shall submit an application for site plan approval to the city. The city shall not consider the application until all required information has been included. The application shall include the following:

         a.   Fee: The applicable fee as set by the city fee schedule.

         b.   Site Plan: A site plan meeting the city's standard requirements for site plans.

         c.   Written Information: The following written information:

            (1)   Maintenance: A description of the anticipated maintenance needs for the facility, including frequency of service, personnel needs, equipment needs, and traffic noise or safety impacts of such maintenance.

            (2)   Service Area: A description of the service area for the antenna or tower and a statement as to whether the antenna or tower is needed for coverage or capacity.

            (3)   Licenses And Permits: Copies of all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location, and operation of the antenna.

            (4)   Radio Frequency Emissions: A written commitment to comply with applicable federal communications commission radio frequency emission regulations.

            (5)   Liaison: The name of a contact person who can respond to questions concerning the application and the proposed facility. Include name, title, address, telephone number, facsimile number and electronic mail address, if applicable.

      2.   Approval Process: The application, site plan, and conditional uses shall be reviewed by the city pursuant to its standard site plan approval process. The city shall process all applications within a reasonable time and shall not unreasonably discriminate among providers of functionally equivalent services. Any decision to deny a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record. The city may require changes in the plan to more absolutely accomplish the objectives of this chapter.

      3.   Building Permits:

         a.   General Requirements: No tower or antenna support structure shall be constructed until the applicant obtains a building permit from the city. No building permit shall be issued for any project for which a site plan or amended site plan is required, until the site plan or amended site plan has been approved by the appropriate authority. If the design or engineering of the antenna support structure is beyond the expertise of the building official, the city may require third party review by an engineer selected by the city prior to the issuance of a building permit. The applicant shall pay an additional fee to cover the cost of the third party review.

         b.   Additional Requirements For New Towers: If the applicant is constructing a new tower, the applicant shall, if requested by the city, submit a written report from a qualified, structural engineer licensed in the state of Utah, documenting the following:

            (1)   Height and design of the new tower, including technical, engineering, economic, and other pertinent factors governing selection of the proposed design.

            (2)   Seismic load design and wind load design for the new tower.

            (3)   Total anticipated capacity of the new tower, including number and types of antennas that can be accommodated.

            (4)   Structural failure characteristics of the new tower and a demonstration that the site and setbacks are of adequate size to contain debris.

            (5)   Soil investigation report, including structural calculations.

   H.   Antenna And Antenna Support Structure Regulations For New Towers In The City:

      1.   Standards For Antennas And Antenna Support Structures For New Towers: Personal wireless services facilities are characterized by the type or location of the antenna structure. If a particular type of antenna structure is allowed by this section as permitted, the minimum standards for that type of antenna are as follows:

         a.   Stealth Facilities:

            (1)   Maximum Height: The height of a stealth design shall not exceed sixty feet (60') above the natural grade.

            (2)   Determination: Not every disguised or screened personal wireless services facility qualifies as a stealth facility. The city shall make an administrative decision as to whether or not a particular facility qualifies as a stealth design or a monopole. In making the decision, the city will determine whether any new "stealth design" or "monopole", as defined by this section, meets the specifications outlined in the definition. The city will also determine if the antenna will be permitted on designated city owned property.

      2.   Regulations For Accessory Structures:

         a.   Storage Areas And Solid Waste Receptacles: No outside storage or solid waste receptacles shall be permitted on site.

         b.   Equipment Enclosures: All electronic and other related equipment and appurtenances necessary for the operation of any personal wireless services facility shall, whenever possible, be located within a lawfully preexisting structure or completely below grade. When a new structure is required to house such equipment, the structure shall be harmonious with, and blend with, the natural features, buildings and structures surrounding such structure.

         c.   Accessory Buildings: Freestanding accessory buildings used with a personal wireless services facility shall not exceed four hundred fifty (450) square feet and shall comply with the setback requirements for structures in the zone in which the facility is located.

      3.   Parking: The city may require a minimum of one parking stall for sites containing a personal wireless services facility and/or accessory buildings, if there is insufficient parking available on the site.

      4.   Maintenance Requirements: All personal wireless services facilities shall be maintained in a safe, neat, and attractive manner.

      5.   Landscaping: All sites with a personal wireless services facility shall be landscaped in accordance with the zone requirements where the facility is located. A landscaping plan shall be submitted to the planning commission who will make a recommendation to the city council who will approve the landscape plan.

      6.   Site Restoration Upon Abandonment: All sites shall be restored to the original configuration upon termination of the lease abandonment.

      7.   Fencing: The city will determine the type of fencing used on wireless telecommunications sites on a case by case basis. Fencing will be recommended by the planning commission and approved by the city council.

      8.   Color And Material Standards: The city shall make an administrative decision as to the color. To the extent the personal wireless services facilities extend above the height of the vegetation immediately surrounding it, they shall be painted in a nonreflective light gray, light blue or other hue, which blends with the skyline and horizon or a brown to blend in with the surrounding hillside.

      9.   Facility Lighting Standards: Facility lighting shall be designed so as to meet but not exceed minimum requirements for security, safety and/or FAA regulations. Lighting of antennas or support structures shall be prohibited unless required by the FAA and no other alternatives are available. In all instances, the lighting shall be designed so as to avoid glare and minimize illumination on adjacent properties. Lighting shall also comply with any applicable city lighting standards. (Ord. 7-17-2007D, 7-17-2007)

      10.   Facility Signs: Signs should be limited to those needed to identify the numbers to contact in an emergency, public safety warnings, certifications, or other required seals. These signs shall also comply with the requirements of the city's sign regulations, section 10-5-26, "Signs", of this chapter. (Ord. 8-16-2011A, 8-16-2011)

      11.   Utility Lines: All utility lines serving new cell towers shall be located underground.

      12.   Monopoles With Antennas And Antenna Support Structures:

         a.   All monopoles, antennas, associated support structures, and facilities shall require approval of a conditional use permit application. A monopole and its associated equipment and facilities shall be a conditional use in all zoning districts provided such monopole, equipment and facilities meet the minimum requirements of this section and all conditions of approval, as determined necessary.

         b.   The maximum height of a monopole, including antennas and antenna support structures shall be sixty feet (60'), measured from the natural average grade at the base of the monopole to the highest point of the pole, antenna, or support structure.

         c.   All monopoles and associated equipment and facilities shall be stealth design, as provided by this section. The planning commission shall have authority to determine whether a proposed monopole and its associated accessory equipment and facilities will have as little visual impact as possible.

         d.   A monopole and its associated equipment shall comply with the minimum yard setback requirements of the zoning district in which it is located. In addition, if located in a residential or agricultural zoning district a minimum of four feet (4') for every foot of pole height from the closest property line of any residential structure shall be provided. If located in a commercial or industrial zoning district a minimum of four feet (4') for every foot of pole height from the closest property line of any property in an adjacent residential zone shall be provided.

         e.   A monopole shall be set back from all public rights of way a minimum of one hundred feet (100').

         f.   A monopole shall not be located within one thousand (1,000) linear feet from another monopole.

         g.   All communication and power lines between any accessory building, accessory equipment, and antenna structure shall be located underground.

      13.   Roof Mounted Antennas: The following provisions shall apply to roof mounted antennas.

         a.   Roof mounted antennas shall be permitted only if determined to be stealth design.

         b.   The maximum height of any roof mounted antenna shall be ten feet (10') above the roofline of the building.

      14.   Wall Mounted Antennas: The following provisions shall apply to flush and nonflush mounted wall antennas.

         a.   Wall mounted antennas shall not extend above the wall line of the building or extend more than one foot (1') horizontally from the wall surface.

         b.   Wall mounted antennas, equipment, and supporting structures shall be painted to match the color of the building or structure or the background against which they are most commonly seen.

         c.   Antennas mounted directly on walls with no portion of the antenna extending above the wall line shall be considered wall mounted antennas.

         d.   All wall mounted antennas shall be a stealth design.

      15.   Equipment Screening: Any associated mechanical or electrical equipment shall be completely screened from view from public rights of way, on site parking areas and adjacent properties with a decorative screening fence and landscaping.

   I.   Safety:

      1.   Regulation Compliance:

         a.   Compliance With FCC And FAA Regulations: All operators of personal wireless services facilities shall demonstrate compliance with applicable federal communication commission (FCC) and federal aviation administration (FAA) regulations, including FCC radio frequency regulations, at the time of application and periodically thereafter as requested by the city. Failure to comply with the applicable regulations shall be grounds for revoking a site plan.

         b.   Other Licenses And Permits: The operator of every personal wireless services facility shall submit copies of all licenses and permits required by other agencies and governments with the jurisdiction over the design, construction, location, and operation of the facility to the city; shall maintain such licenses and permits in good standing; and shall provide evidence of renewal or extension thereof upon request by the city.

      2.   Protection Against Climbing: New towers shall be protected against unauthorized climbing by removing the climbing pegs from the lower twenty feet (20') of the towers.

      3.   Fencing: New towers shall be fully enclosed by a minimum six foot (6') tall fence or wall, as directed by the City, unless the City determines that a wall or fence is not needed or appropriate for a particular site due to conditions specific to the site.

      4.   Security Lighting Requirements: New towers shall comply with the FAA requirements for lighting. The City may also require security lighting for the site. If security lighting is used, the lighting impact on surrounding residential areas shall be minimized by using indirect lighting, where appropriate.

      5.   Abandonment: The City may require the removal of all antennas and towers if the facility has been inoperative or out of service for more than twelve (12) consecutive months.

         a.   Notice: Notice to remove shall be given in writing by personal service, or by certified mail addressed to the operator's last known address.

         b.   Violation: Failure to remove the antennas and towers after receiving written notice to remove is a violation of the terms of this section. The City may initiate criminal and/or civil legal proceedings against any person, firm, entity, or corporation, whether acting as principal, agent, property owner, lessee, lessor, tenant, landlord, employee, employer, or otherwise, for the failure to remove antennas and towers in accordance with this section. The City may seek a civil injunction requiring the removal of any structures on the sites in accordance with this section. Any lease agreement with the City may also stipulate failure to remove the antennas and towers after receiving written notice to do so pursuant to this section will result in the antenna or tower being removed within thirty (30) days at the owner's expense.

      6.   Emergency: The City shall have the authority to move or alter a personal wireless services facility in case of emergency. Before taking any such action, the City shall first notify the owner of the facility, if feasible. (Ord. 7-17-2007D, 7-17-2007)

   A.   Structures Permitted: Decks, porches, patios, pergolas, awnings, carports, hot tubs and similar structures are permitted in the rear and side setback areas subject to the following conditions:

      1.   All sides of the portion of the structure located within a designated setback area shall remain open. Carports may be used for the parking and storage of motor vehicles and/or recreational vehicles.

      2.   No structure within a setback area shall be converted into livable space, nor shall it be constructed as to appear as though it could be easily converted into livable space.

      3.   Prior to construction, a building permit shall be obtained for structures as regulated by current building code requirements.

         a.   The structure shall not be located closer than five feet (5') to the property line, except those structures that comply with subsection A3ba(1) or A3ba(2) of this section, notwithstanding that no structure shall be constructed within a clear view area nor on a corner lot beyond the optional enclosure area. Additionally, structures in the rear setback area shall not cover over fifty percent (50%) of the rear setback area.

         (1)   Impervious surfaces shall be installed below structures and shall be located entirely at ground level, and shall be permitted to be located no closer than one foot (1') of the property line.

         (2)   Special exception for awnings located in the side setback area and immediately adjacent to a garage. A permanent awning located in the side setback area may be constructed immediately adjacent to the outside wall of an attached garage provided that:

            (A)   The front, rear, and sides shall remain open, except that an approved fence may be constructed independent of the structure.

            (B)   The awning shall be constructed over a “hard surface” area as defined in chapter 2, “Definitions”, of this title.

            (C)   Five feet (5') is the fire separation distance. Any portion of the awning structure projecting within five feet (5') of the property line shall be one hour fire resistance rated construction or as regulated by current building code requirements. Awning or awning projections shall not be less than two feet (2') from a property line.

            (D)   The awning shall include a system or method for retaining rainwater on the property owner’s own property.

      4.   The finished level of any deck shall be not more than six feet (6') above the finished grade at any location within ten feet (10') from the property line.

      5.   The height for the structure shall not be greater than the height allowed for an accessory building at the same location.

      6.   A carport may only be located in side or rear setbacks of property, provided structure is not integrated into the design front of main garage entrance.

         a.   Carports shall meet side and rear setback regulations for accessory building in each zone.

         b.   The total width of the carport located on a side setback shall not exceed twenty four feet (24').

         c.   For homes with multiple side setback areas, a carport may be located in only one of the side setbacks. Carports located in side setbacks may not extend beyond side setback areas of property or outside the existing roofline of the garage whichever is greater.

         d.   Carport elevation must not exceed the main dwelling elevation or a maximum of twenty feet (20'), whichever is less.

         e.   Carport shall be treated as an accessory structure and shall maintain twelve feet (12') separation from main dwelling.

   B.   Temporary Structures: The temporary version of any structure listed in subsection A of this section shall be subject to the same provisions as that of a permanent structure. Portable garages are not permitted. Canvas, tarps, or plastic covers are prohibited as part of any permanent structure in all Residential Zones. Prefabricated carports will be subject to engineering approval.

   C.   Storage Equipment: Storage containers, freight/cargo containers, box cars, and similar storage equipment are prohibited as permanent structures or being defined as a utility or portable shed. Temporary storage containers may be used during a move, but may not be present on the property for more than one week, extensions may be granted by Code enforcement.

      1.   Cargo Containers: Cargo containers may be approved for temporary use by the City under the following standards:

         a.   Construction or renovations provided a building permit has been issued for construction related activities. The cargo container may be allowed on site with an active building permit. For the purpose of permitted cargo containers, a building permit will be considered inactive after ninety (90) days after the last inspection that shows substantial progress toward completion of the project.

         b.   Cargo containers must not be located in public right-of- ways, fire lanes, required parking spaces, recorded easements, areas deemed as a safety hazard, or on landscaping. All containers must be placed on an improved surface, unless approved with the building permit, and shall not be stacked.

         c.   Storage containers, freight, cargo, box car or similar containers are prohibited from being used as part of a residential or any permanent structure on premises.

   D.   Additional Requirements: The determination that a structure is allowed by this Code shall not be interpreted as to meaning that the structure meets the requirements of any private CC&Rs applicable to the parcel. (Ord. 02-05-2019A, 2-5-2019; amd. Ord. 10-17-2023B, 10-17-2023)

   A.   Portable Utility Shed: Portable utility sheds are permitted in the rear and side setback areas subject to the following conditions:

      1.   No portion of the shed's structure is permitted to cross the property line or to drain onto a neighboring property.

      2.   Where the property is located on a corner lot, the portable utility shed may be located within the optional enclosure area.

      3.   Portable sheds will be limited to one hundred twenty (120) square feet floor area, maximum eave height of ten feet (10') as measured from the finished floor surface to the bottom edge of the main roof eave, a roof pitch not to exceed 8/12 (8 inches of rise per 12 inches of run) and will not have a traditional type footing or foundation. They shall be built upon a hard surface.

   B.   Utility Shed:

      1.   No portion of the shed's structure is permitted to cross the property line or to drain onto a neighboring property.

      2.   Utility sheds may be located on the rear or side lot area, no shed over one hundred twenty (120) square feet may be built in a setback area.

      3.   Utility sheds will be limited to two hundred (200) square feet floor area, maximum eave height of ten feet (10') as measured from the finished floor surface to the bottom edge of the main roof eave, a roof pitch not to exceed 8/12 (8 inches of rise per 12 inches of run) and will not have a traditional type footing or foundation. They shall be built upon a hard surface. (Ord. 01-07-2014B, 1-7-2014)

The maximum ADT for cul-de-sacs or dead end streets shall be two hundred fifty (250) trips or less. City owned facilities or parcels having access via cul-de-sacs or dead end streets shall be exempt, and trips generated by City use shall not be included in the maximum ADT because the City may close public facilities in the event of a safety or emergency situation. (Ord. 5-18-2010A, 5-18-2010)

   A.   Purpose And Intent: The purpose and intent of this section is to recognize the residential character of Cedar Hills and to provide for supplementary opportunities of property owners. These provisions are intended to provide for affordable housing with reasonable limitations to minimize the impact on neighboring properties and neighborhoods, and to promote the health, safety, and welfare of the property owners and residents of accessory dwelling units.

   B.   Permitted: Accessory dwelling units are permitted within all residential zones within the City unless otherwise prohibited by City Code. All accessory dwelling units are subject to compliance with the conditions and criteria hereinafter set forth. Homeowners associations within the City shall not prohibit accessory dwelling units in residential zones where accessory dwelling units are otherwise allowed as a conditional use.

      1.   Conditions And Criteria:

         a.   Conditional Use Permit: Accessory dwelling units may be permitted as a conditional use, upon approval of the Zoning Administrator and building official. Conditional use permit is subject to fees paid.

         b.   Time Limit: An accessory dwelling unit conditional use permit shall be valid for the year in which it is first issued. Thereafter, the conditional use permit shall be automatically renewed for the next succeeding year upon receipt of: 1) the initial one time registration fee; 2) evidence that the primary dwelling is occupied by the owner; and 3) a determination by the City that all conditions of approval remain in effect.

         c.   Building Permit: A building permit shall be obtained by the homeowner from the City before the commencement of any new construction of an accessory apartment, and a certificate of occupancy or certificate of completion shall be obtained prior to anyone occupying an accessory apartment dwelling unit. All construction and remodeling shall comply with Building Codes and ordinance requirements in effect at the time of construction or remodeling.

         d.   Appearance: The outside appearance of a single family home with an accessory apartment shall not be changed from that of a single family home. A maximum of one accessory apartment may be allowed in a single- family home within all single-family residential zones. Accessory apartments shall not be calculated as additional density. No accessory apartment may be allowed in any multi-family dwelling unit, or on any lot or parcel that cannot satisfy the parking requirements.

         e.   Entrances: An accessory apartment may have a dedicated entrance located on any side or rear of the single family home or at the front of the home if it is below grade and maintains the characteristics of a single family home.

         f.   Address: The principal dwelling unit and the accessory apartment shall have the same address number, but shall refer to the principal dwelling as unit “A” and the accessory apartment as unit “B”; unit then should have an external entrance to the accessory apartment. Address must be located in a visible location on the street frontage side of the home.

         g.   Interior Access: When an accessory apartment is located within the main dwelling, an interior access shall be maintained.

         h.   Building Codes: Accessory dwelling units with all applicable Building, Health, and Fire Codes at time of approval.

         i.   Owner Occupied: No accessory dwelling unit shall be created or occupied in a single-family home unless; the owner of the property resides in either the primary dwelling unit or the accessory dwelling and, if a property is owned within a trust, documentation concerning the trust is provided to the City. For the purpose of this section, the term “owner occupied” shall be defined as full time residency within the home by (1) the bona fide property owner(s) as shown on the Utah County tax assessment rolls, or (2) the trustor(s) or trustee(s) listed in the trust instrument if the home is owned by a trust.

            (1)   Owner occupancy shall not be required when: owner has a family member living at residence in his/her absence, owner has submitted a temporary absence application prior to beginning the temporary absence, and the owner has resided in the residence for at least one year prior to beginning the temporary absence and meets the following criteria:

               (A)   The owner has a bona fide, temporary absence of three (3) years or less for activities such as temporary job assignments, sabbaticals, or voluntary service (indefinite periods of absence from the dwelling shall not qualify for this exception); or

               (B)   The owner is placed in a hospital, nursing home, assisted living facility or other similar facility, while a family member lives at residence in his/her absence.

         j.   Occupancy: Accessory dwelling unit may only be rented to one family unit as defined by section 10-2-1, “Terms Defined”, of this title, “family” for a single family dwelling.

         k.   No Separate Utilities: A single family home with an accessory dwelling unit shall have not more than one meter for each water, gas and electric utility service, and the meter shall be in the name of the owner. The property owner shall be responsible for payment of all utilities. Accessory dwelling units shall be prohibited if the primary dwelling is served by a failing septic tank.

         l.   Parking: One off-street parking space shall be provided for tenant parking for all internal accessory dwelling units, in addition to those already required for a single-family dwelling. A minimum of two (2) parking spaces shall be required for all accessory dwellings not internal to the single- family dwelling. No parking spaces may be located within a front or side yard, except within an approved driveway. Tandem parking within a driveway is allowed to meet parking requirements. Tenants shall comply with all other parking regulations of section 5-2-5 of this Code.

         m.   Accessory Dwelling Unit Registration: Any person owning an existing accessory dwelling unit that has not previously been permitted by the City, or any person constructing or causing the construction of a residence that has an accessory dwelling unit, or any person remodeling or causing the remodeling of a residence for an accessory dwelling unit, shall register the accessory dwelling unit with the Zoning Administrator. This shall be in addition to a building permit for the work to be performed. In order to meet the requirements of the registration, the applicant shall:

            (1)   Submit a registration fee with a completed registration form including a site plan that shows property lines and dimensions, the location of existing buildings and building entrances, proposed additions, location of parking for tenants, and the dwelling is owner occupied.

            (2)   Pay building permit fees, if applicable, for the construction of a new dwelling, or the remodeling of an existing dwelling, in accordance with the established fees and charges, and

            (3)   Make all corrections identified as necessary to comply with International Residential and Building Code requirements, as identified by the building official or his designee. Include safety items required by code such as; carbon monoxide detectors, working smoke detectors, ground fault circuit interrupter protected outlet on existing wiring, street addressing, functioning and safe electrical and plumbing, hand rails and occupancy separation doors as required by International Residential and Building Code.

         n.   Failure To Complete Registration: If the property owner does not complete the registration as outlined above, the accessory apartment shall not be considered legal or approved. Failure to comply with the provisions of this code may result in a lien against a property that contains an accessory dwelling unit according to Utah Code Annotated section 10-9a-530.

         o.   Sale Of Single Family Dwelling: Accessory apartment registration permit shall become null and void upon the sale of the single-family dwelling in which it is located, unless a new permit is applied for and obtained by the purchaser(s) of the single-family dwelling in which said accessory apartment rental is located.

         p.   Not Intended For Sale: The accessory apartment shall not be sold or detached by deed and shall only be rented.

         q.   Exceptions: The provisions of subsections B1c, B1e, and B1i of this section shall not apply to an existing non-conforming rental dwelling unit that existed prior to July 17, 2018, and converts the basement into an owner occupied accessory apartment. (Ord. 07-17-2018A, 7-17-2018; amd. Ord. 05-18-2021A, 5-18-2021; Ord. 10-19-2021B, 10-19-2021; Ord. 03-07-2023C, 3-7-2023)

Small animals or fowl are allowed in residential zones only if the following conditions are met:

   A.   No small animal or fowl shall be kept in a residential zone for the purpose of commercial production.

   B.   Small animals or fowl shall be permitted in a residential zone provided the following are met:

 

 

   C.   All sheds, coops, hutches, or similar structures used for the housing of small animals or fowl, in a small animal unit, shall be located not less than the required distance from any neighboring building envelope on an adjacent lot.

 

 

   D.   Small animals or fowl must be kept in a predator resistant coop or chicken tractor at night. The enclosure shall not be located in the front yard. The enclosure shall be cleaned and maintained to prevent it from becoming a nuisance.

   E.   Small animals or fowl shall not be allowed to roam freely unless in an enclosed yard.

   F.   Each animal unit requires a minimum of four (4) square feet of a livestock management area on a single level.

   G.   The slaughtering of small animal or fowl shall be restricted from public view.

   H.   Roosters and geese are prohibited. (Ord. 9-20-2011B, 9-20-2011)

Upon application to the building and zoning department, the chief building official shall grant a permit for the establishment of an assisted living facility for elderly persons in a residential zone if the applicant meets the following requirements:

   A.   The facility conforms to all applicable standards and requirements of the Utah state department of human services and the owner/operator has obtained all licenses required by the state to operate such a facility.

   B.   The facility conforms to all state and local building, safety, health, and zoning requirements applicable to similar structures.

   C.   The facility is operated for the primary purpose of providing a living arrangement for elderly persons in a group home setting.

   D.   The facility is occupied only by individuals sixty (60) years of age or older and paid, professional staff members. Occupancy by any staff member shall only be allowed if such occupancy is primarily for the purpose of serving the elderly persons and not primarily a benefit of employment to the staff member. The facility shall not house more than eight (8) elderly persons.

   E.   Applicant may exceed eight (8) but no more than sixteen (16) residents if approved by the zoning official and applicable state agencies. To exceed eight (8) residents will require one hundred fifty (150) square feet of personal room space per individual or two hundred (200) square feet for double occupancy, with adequate finished common space to accommodate residents.

   F.   Residency in the facility shall be on a strictly voluntary basis and not a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility. An assisted living facility for elderly persons shall not include any persons referred by the Utah state department of corrections or any court.

   G.   The facility will not likely create a fundamental change in the character of the residential neighborhood in which it is proposed to be located.

   H.   No individual who has impairment due to addiction of any controlled substance or alcohol and currently uses such controlled substance or alcohol will be a resident.

   I.   The facility shall not be made available to or occupied by any individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.

   J.   At least three (3) off street parking stalls are provided to serve the needs of residents, visitors, and staff members. Additional parking may be required based on the number of residents occupying the facility, the reasonably anticipated number of visitors and the number of staff members who will be serving the residents.

   K.   An assisted living facility for elderly persons located in an existing residential dwelling shall be capable of use as an assisted living facility for elderly persons without structural or landscaping alterations that would change the structure's residential character. Any new structure constructed for use as an assisted living facility for elderly persons shall be of a size, scale, and design that are in harmony with other residential uses in the vicinity.

   L.   The exterior appearance and landscaping of the facility should enhance the overall feel of the surrounding neighborhood and should in no way detract from a residential environment.

   M.   No person convicted of the illegal manufacture or distribution of a controlled substance shall be an occupant in a residential facility for disabled persons.

   N.   The applicant for a permit provides sufficient documentation and other evidence reasonably required by the city to establish compliance with all of the above criteria.

Any permit issued pursuant to this section shall be nontransferable and shall terminate if the structure is devoted to a use other than an assisted living facility for elderly persons or the structure fails to comply with all building, safety, health, and zoning requirements of this code applicable to similar structures. Violation of the requirements listed above shall be grounds for terminating the permit and the owner/operator shall thereafter be required to discontinue the use of the premises as an assisted living facility for elderly persons. (Ord. 04-23-2013A, 4-23-2013)

An apiary is allowed in any zone which allows single-family residential, with the following requirements:

   A.   Lots may contain two (2) colonies per five thousand (5,000) square feet, but not more than eight (8) colonies. Colonies must be located in the side or rear yard. This applies to all zones other than RR-1-20,000.

   B.   Each beekeeper shall be registered with the Utah department of agriculture and food.

   C.   Colonies shall be kept in boxes with removable frames which shall be kept in sound and usable condition.

   D.   Colonies shall be placed at least five feet (5') from any property line and six inches (6") above the ground, as measured from the ground to the lowest portion of the colony, provided, however, that this requirement may be waived if revocable permission is attained in writing by the adjoining property owner.

   E.   Colonies shall be operated and maintained as provided in the Utah bee inspection act.

   F.   Each colony shall be conspicuously marked with the owner's name, address, telephone number, and state registration number.

   G.   Each beekeeper shall ensure that a convenient source of water is available to the colony continuously between March 1 and October 31 of each year. The water shall be in a location that minimizes any nuisance created by bees seeking water on neighboring property. (Ord. 1-17-2012A, 1-17-2012)

Flagpoles are allowed on all lots and in all zones subject to the following conditions:

   A.   Maximum height is thirty five feet (35') from finished grade.

   B.   May be placed no closer than ten (10) linear feet from the sidewalk, curb, or street (whichever is furthest), ten (10) linear feet from the edge of the lot, and ten (10) linear feet from the neighboring lot.

   C.   Parks, public buildings, and commercial buildings may have an increase in height with approval of a site plan by the city council. (Ord. 3-20-2012B, 3-20-2012)

   A.   Purpose Of Conditional Use Provisions: An application for a conditional use permit may be granted by the land use authority, subject to the provisions of this code. The purpose of a conditional use permit is to allow the proper integration into the city of certain uses which may have a detrimental effect within the city. Certain uses which may be harmonious under special conditions and in specific locations within a zone, but may be improper under general conditions and in other locations, are classed as conditional uses within the various zones and require conditional use permits for approval as authorized by the land use authority.

   B.   Permit Required: A conditional use permit shall be required for all uses listed as conditional uses in the zoning regulations or elsewhere in this title. A conditional use permit may be revoked upon failure of the original applicant or any successor, owner, or occupant to comply with conditions precedent to the original approval of the permit.

   C.   Application:

      1.   A conditional use permit application shall be made to the planning department as provided in this title. The completed application shall be submitted to the land use authority as designated in the conditional use table below:

 

Where the planning commission and city council are both listed in the table above, the city council is the land use authority and shall make a decision based on a planning commission recommendation.

The specified land use authority, according to the table, shall review the application with the requirements of this title and take final action.

      2.   Applications for a conditional use permit shall be accompanied by maps, drawings, statements, reports, studies or other documents, as required by the land use authority and planning staff.

   D.   Fee: The application for any conditional use permit shall be accompanied by an applicable fee, and applicants shall pay the cost to post and mail public hearing notices.

   E.   Approval Process: The approval process for a conditional use permit shall be as follows:

      1.   Conditional use permit for a use in a new or expanded structure or site, or change in primary use of the structure:

         a.   Upon receipt of a completed application and subsequent review for application completeness by the planning department, the planning department shall place the conditional use application and related site plan application on the next available land use authority agenda, if applicable, for a public hearing as required.

         b.   The land use authority shall review each application, approve with conditions, or deny the application, or the land use authority may defer action if an applicant fails to appear at the public hearing or meeting or there is insufficient application information provided.

         c.   When acting as the land use authority, the planning commission and/or city council shall review each application at a public meeting and approve with conditions, or deny the application, or may defer action if an applicant fails to appear at the public meeting or there is insufficient application information provided to determine whether city ordinances and regulations are met.

      2.   Conditional use permit for a use in an existing structure or site:

         a.   Upon receipt of a completed application and subsequent review for application completeness by the planning department, the planning director shall review the application for compliance with the standards in this title.

         b.   If the application does not include external changes to the site, the designated land use authority shall approve with conditions, or deny the application, or may defer action if there is insufficient application information provided.

         c.   If the application includes external changes to the site, a site plan amendment shall be required, the conditional use permit shall follow the same process as the related site plan, and the land use authority for the site plan shall become the land use authority for the conditional use permit.

   F.   Public Hearing: A public hearing shall be held for conditional uses identified in the conditional use table as requiring a public hearing. However, a public hearing may be held for any conditional use application when the land use authority shall deem such a hearing to be necessary in the public interest to gather information on a specific application. The land use authority shall schedule and hold a hearing at the nearest available meeting date upon submission of a properly completed and filed application form. At all times, including at a public hearing, the applicant has the burden of proof, by a preponderance of the evidence, to convince the land use authority that the requirements of this chapter have been satisfied with respect to the applicant's proposed conditional use.

   G.   Standards For Granting A Conditional Use:

      1.   Authorization: The land use authority may permit a conditional use to be located within any zone in which the particular conditional use is permitted by the use regulations of this title. In authorizing any conditional use, the land use authority shall impose such requirements and conditions as are necessary for the protection of adjacent properties and the public welfare. The land use authority shall not authorize a conditional use permit unless the evidence establishes:

         a.   That such use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity.

         b.   That the proposed use will stress quality development with emphasis toward adequate buffering, landscaping, proper parking and traffic circulation, use of appropriate gradation of building height away from single-family zones and density to create privacy and compatibility with surrounding uses, use of building materials which are in harmony with the area, to minimize the impact on schools, utilities and streets.

         c.   That the applicant may be required to provide such reports and studies which will provide information relating to adequate utilities, traffic impacts, school impacts, soil and water target studies, engineering reports, financing availability, and any other information which may be needed in order to render a proper decision.

         d.   That the proposed use will promote health and sanitation by controlling outdoor storage, disposing of waste properly, controlling dust, gases, dirt, odors, noxious matter, heat, glare, electromagnetic disturbances, radiation, or other types of air pollution.

         e.   That the use will be compatible with the general plan of the City of Cedar Hills and permitted zoning. The use will protect the quality of the underlying zone and all lighting, aesthetics, noise, signs, landscaping, general use, and design will comply with the standards of the zone.

         f.   That the applicant has demonstrated that there is sufficient utility capacity and emergency vehicle access.

      2.   Detrimental Or Injurious Conditional Use: A proposed conditional use shall be considered as detrimental or injurious to the health, safety, or general welfare of persons or properties within the vicinity of the proposed conditional use if:

         a.   The proposed conditional use will cause unreasonable risks to the safety of persons or properties because of vehicular traffic, parking, or large gatherings of people;

         b.   The proposed conditional use will unreasonably interfere with the lawful use of properties within the vicinity of the proposed conditional use;

         c.   The proposed conditional use will create an additional need for essential city or public services (e.g., utilities, law enforcement, fire prevention, etc.) which cannot be met without unreasonable efforts or expenditures of city or public resources;

         d.   The proposed conditional use will otherwise present an unreasonable detriment or injury to the health, safety, or general welfare of persons or properties in the vicinity of the proposed conditional use; or

         e.   The proposed conditional use will not be in harmony with the general plan of the City of Cedar Hills.

      3.   Conditions: In granting a conditional use permit, the land use authority may impose such requirements and conditions which the land use authority, based on the standards set forth, deems necessary for the protection of persons and properties in the vicinity of the proposed conditional use, as well as the preservation of the integrity of the general plan. Said requirements and conditions may include (but are not limited to) location, construction, size, maintenance, operation, site planning, traffic control and parking, relocations, dedications, installation and upgrading of public services and roads, hours of operation and time limits for the proposed conditional use.

The land use authority may require guarantees, bonds, or other assurances that such requirements and conditions are being met.

   H.   Appeals Of Decisions: Any person for which any application for approval of a conditional use permit has been filed or any person who may be affected by the proposed use shall have the right to appeal the decision of the land use authority to the appeal authority. An appeal must be presented in writing within thirty (30) days after the date of the final decision of the land use authority.

   I.   Inspection: Following the issuance of a conditional use permit, the planning office shall approve an application for a building permit upon compliance of construction plans meeting such conditions and requirements as established by the land use authority. Representatives of the code enforcement/planning department shall inspect the project to ensure that all required improvements meet the conditions of the conditional use permit and this title before a certificate of occupancy is issued by the building inspection division.

   J.   Revocation:

      1.   Written Complaint: Upon receiving a written complaint alleging a violation or failure to comply with any condition prescribed in a conditional use permit, the planning department shall investigate the complaint. If the complaint has merit, and attempts to remedy the complaint fail, the planning department may place the complaint on the agenda of the regular meeting of the appeal authority, provided, that the permittee shall have at least fourteen (14) days' notice of the meeting.

      2.   Hearing Procedure: Permittee shall be given written notice of the exact nature of the complaint and the date and time of the hearing before the appeal authority. The hearing shall be held in accordance with customary administrative hearings procedures.

      3.   Action; Complaint Dismissal: The appeal authority, after hearing the evidence presented regarding the complaint, may continue the hearing from time to time, modify or rescind any condition or requirement of the conditional use permit as it deems necessary, revoke the conditional use permit, or take no action and dismiss the complaint.

      4.   Notices: All notices required herein shall be provided by personal service or by certified mail.

      5.   Effective Date And Scope: This section shall apply to all conditional use permits issued after the effective date hereof, regardless of change in ownership or occupancy.

      6.   Revocation: A conditional use permit may be revoked if the land use authority finds, by a preponderance of the evidence that one or more of the following exist:

         a.   The conditional use permit was obtained in a fraudulent manner.

         b.   The use for which the conditional use permit was granted has now ceased for at least six (6) consecutive calendar months.

         c.   One or more of the conditions of the conditional use permit have not been substantially met.

   K.   Time Limit:

      1.   A temporary conditional use permit may be issued by the land use authority for a period of six (6) months. This permit may be renewed by the planning staff for a total of three (3) successive six (6) month time periods, allowing a total of two (2) years for the temporary conditional use permit. Where hardship or unusual circumstances exist, the land use authority may extend the temporary permit for one additional year. These extensions shall be granted in two (2) separate six (6) month increments. A temporary conditional use permit shall not be issued for a use which is not incidental to or directly related to an intended permanent use on the property.

Mobile offices, homes or trailers which are used for business purposes shall only be allowed for a six (6) month time period as authorized by the land use authority. The land use authority may extend the time period for the temporary structure up to one additional year providing that plans for a permanent structure have received land use authority approval.

Temporary structures shall be removed from the property upon occupancy of the permanent structure. Premanufactured structures which meet all building code regulations and construction trailers shall be exempt from this regulation.

      2.   A temporary conditional use occupancy permit shall not be issued nor shall the building structure or other facility be occupied until all water, sewer, and electrical permits have been issued and all appropriate inspections performed.

      3.   Unless there is substantial action under a conditional use permit within a maximum period of two (2) years of its issuance, the conditional use permit shall expire. The land use authority may grant a yearly extension, when deemed in the public interest.

   L.   Reapplication After Denial: Denial of an application for a conditional use permit regarding any parcel of property shall prohibit the filing of another application for a conditional use permit for the same parcel of property or any portion thereof, within one year of the date of the final denial of the previous application unless the land use authority finds that there has been a substantial change in the circumstances or sufficient new evidence as submitted by the applicant in writing since the denial of the previous application to merit consideration of a second application within the one year time period.

   M.   Continuing Effect: A conditional use permit, once approved, affects real property regardless of change in ownership and all subsequent owners are subject to those conditions so long as that conditional use is being conducted on the property. The conditional use may be conducted either intermittently or continuously, provided, however, that if the conditional use becomes a legal nonconforming use due to a later amendment to this title, the provisions of section 10-1-8 of this title relating to nonconforming buildings and uses shall apply.

   N.   Reporting Requirements: Prior to the annual renewal date each year, the owner or occupant of a property which has been approved for the following land use under a conditional use permit shall provide written evidence to the planning department that the property use complies with this title:

Accessory apartment.

Assisted living facility.

Bed and breakfast facility.

Home occupations.

Premises occupations.

Shopping center zone, commercial uses. (Ord. 05-17-2016A, 5-17-2016)

   A.   Purpose Of Renewable Energy Systems: The purpose of this section is to allow renewable energy systems such as wind and solar within the city while protecting residential areas and other land uses from potential adverse impacts of these systems.

   B.   Submittal Requirements For All Wind And Solar Energy Systems:

      1.   Review Criteria: The zoning administrator shall consider the following criteria in determining whether to approve a permit for any wind and/or solar energy system:

         a.   Proximity of the system to residential structures and residential district boundaries;

         b.   Possible negative impacts on surrounding properties, including, but not limited to, noise, shadow flicker, low frequency vibrations and the disruption of scenic views or other visual impacts;

         c.   Aesthetics of the system, including, but not limited to, height, wind vanes, color, type, size and the visibility of the system.

      2.   Utility Notification: All applicants shall submit evidence to the city that the relevant electric utility company has been informed of the customer's intent to install an interconnected customer owned wind and/or solar energy system. Off grid systems shall be exempt from this requirement.

      3.   Cables: Any cable connected to the wind and/or solar energy system must be undergrounded except for properties which obtain electric power service from aboveground lines and who are not otherwise required to underground.

      4.   Permit: All applicants shall make application by fulfilling all requirements of the city building permit application.

   C.   Wind Energy Systems:

      1.   Design Standards For All Wind Energy Systems:

         a.   Sound: Sound produced by the turbine under normal operating conditions shall be limited to sixty five (65) decibels measured at the property line, except during naturally occurring short term events like severe storms.

         b.   Shadow Flicker: The tower shall be located so as to eliminate the occurrence of shadow flicker on inhabited structures located on adjacent properties.

         c.   Signage: Signage is prohibited on the tower, blades, or accessory structures except for appropriate warning signs. Manufacturer identification may be placed on the turbine; however, advertising signs of any kind are prohibited.

         d.   Lighting: No illumination of the turbine or tower shall be allowed unless required by the federal aviation administration. When lighting is required, it shall be done in such a way as to reduce the effects on birds.

         e.   Signal Interference: The owner or operator shall make reasonable efforts to avoid all disruption or loss of radio, telephone, television, internet or similar wireless signals, and shall mitigate any harm caused by the wind energy system. Such owners may be subject to a notice of violation and administrative penalties if violation persists.

         f.   Accessory Buildings And Support Equipment: Buildings and support equipment associated with towers shall be defined as accessory structures and must comply with chapter 4 of this title.

      2.   Small Wind Energy Systems:

         a.   Tower Height:

            (1)   Residential Zones: The maximum tower height for small wind energy systems, including the blade, shall not exceed twenty feet (20') measuring from the adjacent finished grade to the tip of the blades at their highest point.

         b.   Blade Height: The minimum height of the lowest point of a turbine blade shall be fifteen feet (15') above ground.

         c.   Setback:

            (1)   The base of the tower shall be set back from all property lines, public rights of way, and aboveground public utility lines a distance equal to the tower height plus the length of one blade.

            (2)   The base of the tower shall not be located within any required front, side, or corner side yard area.

            (3)   The base of the tower and turbine blades shall be set back from all structures on the same property a minimum of ten feet (10').

            (4)   Wind energy systems shall not be allowed in street side yard setback area.

         d.   Access:

            (1)   Freestanding Tower: No climbing apparatus including foot pegs or rungs shall be within twelve feet (12') of the ground on a freestanding tower.

            (2)   Lattice Tower: The towers shall be wrapped by a protective cover, including sheets of metal, wood or similar barrier on the bottom of the lattice tower so that it cannot readily be climbed. Latticed towers shall be fenced according to the provisions of section 10-5-18 of this chapter.

      3.   Rooftop Mounted Wind Energy Systems:

         a.   Roof mounted wind energy systems are prohibited in all residential zones.

   D.   Solar Energy Systems:

      1.   Design Standards For All Solar Energy Systems:

         a.   Reflection: Steps shall be taken to minimize the amount of reflected sunlight onto neighboring structures and rights-of-way in order to reduce safety hazards. This includes, but is not limited to, altering system angles and locations, utilizing antireflective coatings, etc.

         b.   Screening: All ground mounted solar energy systems shall screen utility and mechanical equipment as required in section 10-5-18 of this chapter related to fencing.

      2.   Building Mounted Solar Energy Systems:

         a.   Setback: Building mounted solar energy systems shall meet the same setbacks as are required for the building the system is mounted to, but are not allowed to extend beyond the surface to which they are attached.

         b.   Height: Building mounted solar energy systems are allowed to extend to the peak of any existing roof, regardless of height, subject to the restrictions of subsection D2b(1) of this section.

            (1)   Building mounted solar energy systems that are not visible from the public right-of-way may be bracket mounted or tilted on a roof to a maximum of not more than seven feet (7') above the surface of the roof at the highest finished pitch of the system but shall maintain one side of the array within twelve inches (12") of the roof surface. Roof mount systems that are visible from the street frontage right-of-way shall not have a highest finished pitch more than five percent (5%) steeper than the roof pitch on which the system is mounted, and shall be mounted not higher than twelve inches (12") above the roof.

      3.   Ground Mounted Solar Energy Systems:

         a.   Setback: Setbacks for ground mounted solar energy systems shall be at least ten feet (10') from any property line -and are prohibited within the front yard area and street side yard enclosure areas. Additionally, structures (including total surface area of the arrays of ground mounted solar energy devices) shall not cover over fifty percent (50%) of a rear or side setback area.

         b.   Height The maximum height allowed for ground mounted solar energy systems is six feet (6') measured from the surrounding natural grade to the highest point of the system.

         c.   Fencing: Ground mounted solar energy systems shall be enclosed by a fence according to the provisions of section 10-5-18 of this chapter. Fencing must be in place, prior to a final inspection by the Building Official.

         d.   Location: Ground mounted solar energy devices shall not be placed within; any legal easement, right of way, any stormwater conveyance system or in any other manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system. Additionally, rotating systems shall not overhang or rotate into an easement.

         e.   Safety:

            (1)   All power transmission lines from a ground mounted solar energy device to any building or other structure shall be located underground and in accordance with the applicable electric code.

            (2)   Appropriate safety/warning signage concerning voltage shall be placed at ground mounted electrical devices, equipment, and structures. Fencing shall be locked to prevent unauthorized access or entry.

         f.   Reduction Of Glare: All solar energy devices shall have a dark colored surface/finish on the majority of the device, excluding incidental framing parts, which shall be designed to reduce glare.

         g.   Installation of solar energy systems shall be constructed as per the currently adopted building codes. A city approved building permit is required.

      4.   Solar Easement: Solar easements are not a requirement for City approval; nonetheless, a property owner who has installed or intends to install a solar energy system may negotiate a solar easement with adjacent property owners to ensure perpetual sun on the property. Any easement agreement must be recorded by the County Recorder, with a copy provided to the City.

   E.   General Provisions:

      1.   Abandonment:

         a.   An inoperable system must be dismantled and removed promptly. If a system is not operated for twenty-four (24) consecutive months, it will be presumed that the system is inoperable.

         b.   The homeowner is responsible for restoring the land to the preinstallation condition and to the greatest extent possible the land shall be fully restored within sixty (60) days of the removal and decommissioning of the system.

      2.   Small Decorative Systems: Small systems less than seven feet (7') square feet that use direct current solely for decorative, yard lighting, or security are exempt from permit requirements and restrictions of this section.

      3.   Prohibited: This section does not permit large scale projects which include multiple wind and/or solar energy systems designed to produce energy for wholesale purposes.

      4.   Exceptions; Public Utility Facilities shall be exempt but shall meet other pertinent state and local requirements. (Ord. 11-15-2016A, 11-15-2016; amd. Ord. 09-14-2021B, 9-14-2021)

   A.   Applicability: No individual, entity or organization shall:

      1.   Conduct or operate a retail tobacco specialty business; or

      2.   Sell, furnish, or otherwise distribute a "tobacco product" as defined in this chapter and section 10-8-41.6 of the Utah Code, unless it satisfies the requirements set forth in this chapter.

   B.   Definitions:

    RETAIL TOBACCO SPECIALTY BUSINESS: As used herein, this term/phrase shall have the same definition as set forth in section 10-8-41.6(1)(b) of the Utah Code, and shall include vape shops.

   TOBACCO PARAPHERNALIA: As used herein, this term/phrase shall have the same definition as set forth in section 76-10-104.1(1)(b) of the Utah Code.

   TOBACCO PRODUCT: As used herein, this term/phrase shall have the same definition as set forth in section 10-8-41.6(1)(c) of the Utah Code.

   TOBACCO SALES BUSINESS LICENSE: A business license issued by the City of Cedar Hills, which permits the licensee to sell tobacco products and tobacco paraphernalia from its validly licensed business.

   C.   Tobacco Sales Business License Required:

      1.   Tobacco Products And Tobacco Paraphernalia: No individual, entity, organization, or business shall sell tobacco products or tobacco paraphernalia unless it has obtained a tobacco sales business license. A tobacco sales business license shall only be issued as a secondary license to a business license for one of the following:

         a.   A business that is primarily engaged in the sale of food and beverage products and is located in a building which is ten thousand (10,000) square feet or larger;

         b.   A business that is primarily engaged in the sale of gasoline or diesel fuel and is located in a building which is two thousand (2,000) square feet or larger;

         c.   An on-premises alcoholic beverage sales license;

         d.   A business license for a pharmacy under Utah Code and is located in a building which is ten thousand (10,000) square feet or larger; or

      2.   Application For License:

         a.   An application for a license shall be made in writing on the form provided by the City's licensing officer. The form must be completed in its entirety. The application must be accompanied by:

            (1)   The business license required in title 3 of this Code;

            (2)   Documentation showing the square footage of the building;

            (3)   Proof of the operation of a business specified in subsection C1a or C1b of this section, if the application is to qualify as such a business.

   D.   Retail Tobacco Specialty Businesses Not Permitted:

      1.   The City shall not issue tobacco sales business licenses for the operation of retail tobacco specialty businesses or vape shops.

   E.   Revocation Of A Tobacco Sales Business License: Pursuant to and consistent with the City's business licensing process in section 3-1-11, "Denial, Suspension Or Revocation Of A License Or Registration", of this Code, the City may suspend, revoke, or terminate the business license of a business which is operating as a tobacco sales business (including those businesses operating under a retail tobacco specialty business license) if:

      1.   The tobacco sales business license is not renewed continuously without relapse or revocation;

      2.   The tobacco sales business is closed for business or otherwise suspends the sale of tobacco products or tobacco paraphernalia for more than sixty (60) consecutive days; or

      3.   The tobacco sales business substantially changes the business premises or its business operation without complying with and obtaining approval for/from applicable City zoning ordinances, building permit processes, conditional use permit processes (including the process for amendment of an existing conditional use permit), and business licensing processes (including the amendment of an existing business license).

   F.   Penalty: Any violation of this chapter is a Class B misdemeanor and punishable by a fine of one thousand dollars ($1,000.00), not including any mandatory fees and surcharges imposed by law or a court of competent jurisdiction.

      1.   If any provision or clause of this chapter or application thereof to any person or entity or circumstance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other sections, provisions, clauses or applications thereof which can be implemented without the invalid provision(s), clause(s) or application(s) hereof, and to this end the provisions and clauses of this chapter are declared to be severable.

      2.   This chapter supersedes or repeals the provision(s) of any ordinance(s) or resolution(s) that is (are) inconsistent with the provisions of this chapter.

      3.   This chapter shall take effect immediately upon publication or posting, as required by law. (Ord. 05-01-2018A, 5-1-2018)

No dwelling, main building, or permanent accessory building, or structure shall be located within a recorded easement area unless the property owner either produces evidence satisfactory to the Zoning Administrator that the easement has been abandoned or vacated, or executes a recordable document, in an application approved by the Chief Building Official and Public Works Director or their designees, providing that (i) the property where the structure will be placed is subject to an easement; (ii) the owner of the easement expressly approves the placement of the structure within the easement boundaries; (iii) the property owner acknowledges that the structure may be required to be relocated; and (iv) the property owner will bear all costs of moving the structure, including damage to the property, in the event an easement needs to be accessed.

   A.   Location: Any structure, whether permanent or otherwise, placed in an easement area shall be located pursuant to the setback and other applicable requirements of this title.

   B.   No Expansion Of Legal Rights: Nothing in this section is intended to expand or restrict the rights or obligations of any party to any recorded easement.

   C.   Abandonment Or Vacation: Lack of maintenance or the appearance of abandonment, does not constitute abandonment or vacation of easement for purposes of this section.

   D.   Fences in general are allowed as a conditional use permit and may be subject to any additional restrictions based on underlying easement and zoning requirements.

   E.   Fees: Upon application for encroachment approval, a fee shall be paid by applicant as per city fee schedule. If it is determined that the requested encroachment is rejected, application, submitted paperwork, and fee shall be returned to the requester. (Ord. 05-04-2021A, 5-4-2021; amd. Ord. 08-02-2022A, 8-2-2022)

   A.   Purpose. This section is established to provide regulations and design standards for residential short-term rentals (STRs) related to single family and multifamily neighborhoods. These standards seek to allow for STRs while also protecting the safety and general welfare of Cedar Hills residents and preserving the residential character of Cedar Hills neighborhoods. In allowing STRs, it provides existing property homeowners economic relief who might otherwise be forced to leave a neighborhood, thus promoting and preserving affordable housing in Cedar Hills. This section also intends to stabilize neighborhoods by promoting home ownership and preserving long term rental housing in the market.

   B.   Residential Short-Term Rental (STR). A STR is prohibited in all residential dwellings, residential districts, residential PUD districts and residential SD districts without first obtaining a STR conditional use permit as regulated in this section and being issued a valid short-term rental business license (STRL). The following are exempt and shall not be subject to the provisions of this section:

      1.   A residential lease of thirty (30) or more consecutive days.

      2.   Bed and breakfasts, hotels, and motels, as described and regulated in title 10 of the Code.

      3.   Previously existing short-term rental units that have complied with the requirements set forth in article I, chapter 3, title 3 of this Code.

   C.   General Standards and Requirements. A STR use may be allowed within any existing legal owner-occupied residential dwelling by an administrative conditional use permit from the planning department, wherein the application demonstrates compliance with requirements found in title 10 of this Code and all of the following standards and requirements:

      1.   Application. A completed application form as provided by Cedar Hills.

      2.   Property Description. A detailed written description and/or drawing of the property that identifies the use of each room of the dwelling and defines the portions of the dwelling to be used for a STR shall be provided. Only one designated STR area is allowed for a property.

      3.   Owner Occupancy. The owner of the subject property shall live in the primary dwelling in which a STR is desired, and must reside therein as their primary residence.

         a.   An individual shall prove ownership of the property as evidenced by a copy of a transfer deed listing the applicant as the fee title owner. Fee title owner may be an individual or trustor of a family trust that possesses 50 percent or more ownership of the proposed STR. The fee title owner may not be a corporation, partnership, limited liability company, or similar entity.

         b.   To establish that the property is the owner's primary residence, the owner shall:

            (1)   Present the owner's most recent State and Federal tax returns both listing the property as the owner's primary residence; and

            (2)   Present a government-issued identification document listing the address of the property as the address of the owner; and

            (3)   A signed affidavit sworn before a notary public shall be provided by the owner stating that the proposed property is the primary residence of the owner, wherein they reside at least 183 days per calendar year.

      4.   Occupancy During Rental Period. The subject property shall comply with the following occupancy restrictions:

         a.   The property shall not be rented to more than one renter at any given time, and the owner shall not divide and rent out portions of the dwelling to multiple renters at the same time.

         b.   A property shall not be rented as a STR unless the following conditions are met:

            (1)   The owner must reside on the property while it is occupied by a renter.

            (2)   The property shall only be rented for a minimum duration of one night and a maximum of twenty-nine (29) consecutive nights.

         c.   A property with a valid accessory apartment conditional use permit may use the apartment as a STR and have the accessory apartment be rented for up to three hundred and sixty-five (365) nights per year. The owner may not reside in or use the accessory apartment unit while it is occupied by a renter.

      5.   Parking Plan. A detailed written description and/or a drawing of an off-street parking plan must be provided to ensure that all occupants of the home and STR can be accommodated on-site at all times. Parking shall be limited to the existing garage, driveway, and dedicated parking spots of the residential unit and may not include any on-street parking. Any proposed parking improvements may also be included in the off-street parking plan, so long as they are completed prior to issuance of a STRL. All elements of the parking plan must be in compliance with all other requirements of this title.

      6.   Conflict of Private Restrictions. The owner shall provide a signed affidavit sworn before a notary public that certifies to the City that the subject property has no existing private covenants, conditions, or restrictions prohibiting STRs.

      7.   Urgent Response. The owner, or a designated representative, shall be available to immediately respond twenty-four (24) hours per day, three hundred and sixty-five (365) days per year by telephone, and when necessary, be able to physically respond within one hour of any legitimate complaint. If the owner is unreachable after three attempted contacts by Cedar Hills, a notice of violation will be issued.

      8.   Property Maintenance Requirements. All short-term rentals shall adhere to this Code, including, but not limited to:

         a.   Maintenance. Owners must adhere to the property maintenance chapter of this Code, including, but not limited to, requirements for weed abatement, landscaping, garbage removal, structure maintenance, and fence/wall maintenance.

         b.   Snow Removal. Owners shall remove all snow from the sidewalks of the property within twenty-four (24) hours after snowfall in accordance with this Code.

         c.   Noise and Nuisance Control. Owners shall ensure that renters adhere to the noise control chapter of this Code. Should a renter violate the noise control chapter more than once in any given seventy-two (72)-hour period they shall be immediately evicted from the property by the owner.

      9.   Noticing and Posting Requirements.

         a.   One nameplate sign that includes the name and the twenty-four (24)/seven (7) contact information for the owner, or a designated representative, must be posted on the exterior side of the main entrance of the STR.

         b.   An informational packet must be posted in a highly visible place within the STR area, and must include all of the following:

            (1)   City-issued STRL.

            (2)   Twenty-four (24)/seven (7) owner, or a designated representative, contact information.

            (3)   Parking requirements.

            (4)   Maximum occupancy.

            (5)   The noise ordinance of this Code.

            (6)   Garbage pickup dates, and a written description of where garbage receptacles must be placed for pickup.

            (7)   Contact information for the American Fork Police and American Fork Fire and Rescue.

            (8)   Other contact information as required by the planning department.

            (9)   Any other appropriate requirements as specified by the planning department, through the conditional use permit process.

   D.   Violations. Except as provided in section 3-1I-3 of this Code, it shall be a violation for any person to operate a STR:

      1.   Without first obtaining a STR conditional use permit, as regulated in this section, and issued a valid STRL; or

      2.   That does not comply with the requirements of this chapter, chapter 3, or this Code.

   E.   Enforcement and Fines. Upon a determination that a violation exists, the planning department, or its designee, will contact the owner requiring such owner to halt, eradicate, destroy, remove, or otherwise cure the violation within forty-eight (48) hours, or such later time the planning department, or its designee, may determine.

      1.   Each day that a violation occurs or continues is a separate violation.

      2.   For any violation of this section, the issuing officer may issue a written citation or notice of violation to the owner, specifying the violation and the penalty to be imposed.

         a.   For the first violation within any twelve (12)-month period, the penalty shall be five hundred dollars ($500.00).

         b.   For a second violation within any twelve (12)-month period, the penalty shall be seven hundred and fifty dollars ($750.00).

         c.   For a third violation within any twelve (12)-month period the penalty shall be one thousand dollars ($1,000.00) and revocation of the STRL and conditional use permit. The owner shall be ineligible for a STR conditional use permit and a STRL for a period of two years from the date of the third notice of violation.

         d.   For any violation within any twelve (12)-month period following the third violation, the penalty shall be one thousand dollars ($1,000.00) and the STR owner shall be banned from receiving a STR conditional use permit and a STRL. (Ord. 11-16-2021A, 11-16-2021)

   A.   Purpose And Intent: The purpose and intent of this section is to recognize the residential character of Cedar Hills and to provide for supplementary opportunities of property owners. These provisions are intended to provide for affordable housing with reasonable limitations to minimize the impact on neighboring properties and neighborhoods, and to promote the health, safety, and welfare of the property owners and residents of accessory dwelling units.

   B.   Permitted: Single room occupancy is permitted within all residential zones within the City unless otherwise prohibited by City Code. Single room occupancy is subject to compliance with the conditions and criteria hereinafter set forth. Homeowners associations within the City shall not prohibit single room occupancy in residential zones where single room occupancy is otherwise allowed as a permitted use.

      1.   Single Room Occupancy Defined:

         a.   Up to four unrelated individuals who live together as a single housekeeping unit, as defined by Family in 10-2-1 of this title.

      2.   Conditions And Criteria:

         a.   Building Permit: A building permit shall be obtained by the homeowner from the City before the commencement of any new construction, and a certificate of occupancy or certificate of completion shall be obtained prior to anyone occupying a dwelling with single room occupancy. All construction and remodeling shall comply with Building Codes, fire code, and other statutory code and ordinance requirements in effect at the time of construction or remodeling.

         b.   Appearance: The outside appearance of a single family home occupied using single room occupancy shall not be changed from that of a single family home.

         c.   Entrances: A single-family home may have a dedicated entrance located on any side or rear of the single family home or at the front of the home if it is below grade and maintains the characteristics of a single family home.

         d.   Address: The single-family home and all single room occupants shall have the same address number.

         e.   Interior Access: When single rooms are rented within a single family dwelling an interior access shall be located within the main dwelling to each rented area, an interior access shall be maintained.

         f.   Owner Occupied: No single room shall be rented in a single-family home unless; the owner of the property resides in either the single-family home or, if a property is owned within a trust, documentation concerning the trust is provided to the City. For the purpose of this section, the term “owner occupied” shall be defined as full time residency within the home by (1) the bona fide property owner(s) as shown on the Utah County tax assessment rolls, or (2) the trustor(s) or trustee(s) listed in the trust instrument if the home is owned by a trust.

         (1)   Owner occupancy shall not be required when: owner has a family member living at residence in his/her absence, owner has submitted a temporary absence application prior to beginning the temporary absence, and the owner has resided in the residence for at least one year prior to beginning the temporary absence and meets the following criteria:

            (A)   The owner has a bona fide, temporary absence of three (3) years or less for activities such as temporary job assignments, sabbaticals, or voluntary service (indefinite periods of absence from the dwelling shall not qualify for this exception); or

            (B)   The owner is placed in a hospital, nursing home, assisted living facility or other similar facility, while a family member lives at residence in his/her absence.

         g.   Occupancy: A single room occupancy rental may only be rented to one family unit as defined by section 10-2-1, “Terms Defined”, of this title, “family” for a single family dwelling.

         h.   No Separate Utilities: A single family home with an accessory dwelling unit shall have not more than one meter for each water, gas and electric utility service, and the meter shall be in the name of the owner. The property owner shall be responsible for payment of all utilities.

         i.   Parking: A minimum of two (2) parking spaces shall be required for single room occupancy, in addition to those already required for a single-family dwelling. No parking spaces may be located within a front or side yard, except within an approved driveway. Tandem parking within a driveway is allowed to meet parking requirements. Tenants shall comply with all other parking regulations of section 5-2-5 of this Code.

         j.   No Accessory Dwelling Unit: A single-family home occupied under the single room occupancy code as outlined in this section shall not have a separate accessory dwelling unit in addition to the single room occupancy rentals.

         k.   Not Intended For Sale: Single rooms shall not be sold or detached by deed and shall only be rented.

         l.   Access to Necessary Facilities: Each occupant of a single-family home living under a single room occupancy arrangement shall have access to approved cooking and sanitation facilities within the home. Access shall include certain common areas necessary for accessing cooking and sanitation facilities, and for accessing dwelling areas. (Ord. 08-13-2024A, 8-13-2024)