The regulations found in this chapter supplement or modify the zone regulations appearing elsewhere in this title. (Ord. 2009-40, 11-24-2009)

(Rep. by Ord. 2009-40, 11-24-2009)

Except as otherwise provided in this title, every lot shall have such area, width and depth as is required by this title for the zone in which such lot is located and shall have frontage upon a dedicated or publicly approved street or upon a private street or right-of-way approved by the Planning Commission, before a building permit may be issued. (Ord. 2009-40, 11-24-2009)

No lot or parcel of land shall be reduced in size by conveyance or otherwise so that the area thereon is less than the prescribed minimum. (Ord. 84-06B, 9-11-1984)

(Rep. by Ord. 2009-40, 11-24-2009)

On a corner lot, the minimum side yard area adjacent to a street shall not be used for vehicle parking. (Ord. 84-06B, 9-11-1984)

Any main or accessory buildings that are permitted to be located on property lines by the zone regulations in which they are located shall meet the following requirements:

   A.   No openings in the building shall be located on the side which is contiguous on the property line.

   B.   The building shall be built with one hour fire resistant construction in the wall contiguous to the property line.

   C.   The building shall retain all water on the lot or parcel on which it is located. (Ord. 2009-40, 11-24-2009)

   A.   Allowable Structures: The following structures may be erected on or projected into any required yard area:

      1.   Fences and walls in conformance with City codes or ordinances.

      2.   Necessary appurtenances for utility service.

   B.   Structures With Restrictions: The following structures may project into a minimum front or rear yard not more than four feet (4'), and into a minimum side yard not more than two feet (2'):

      1.   Cornices, eaves, belt courses, sills, buttresses, cantilevers or other similar architectural features.

      2.   Fireplace structures and bays; provided, that they are not wider than eight feet (8'), measured generally parallel to the wall of which they are a part.

      3.   Stairways, balconies, door stoops, fire escapes, awnings and planting boxes or masonry planters not exceeding twenty four inches (24") in height.

   C.   Carports, Patios, And Decks: Carports, patios, and decks may project into a rear yard to not less than fifteen feet (15') from the rear property line, into a corner side yard not less than ten feet (10') from the corner side property line, and into a side yard not less than three feet (3') from the side property line. Covered patios shall remain open on three (3) sides, except for necessary supporting columns, snow screens, and customary architectural features. (Ord. 2009-40, 11-24-2009)

   A.   Corner Lots: In all zones which require a front and corner side yard, no obstruction to view in excess of thirty six inches (36") in height shall be placed on any corner lot within a triangular area formed by the street curb lines and the line connecting them at points thirty feet (30') from the intersection of the curb. Fences may be permitted to seventy two inches (72") in height for non-sight obscuring construction, except as set forth in subsection D of this section. Where there is no curb, the measurement shall be taken from the edge of the pavement or concrete. Lawn trees are permitted in the clear vision triangle provided they are pruned at least seven feet (7') above the nearest established road grade so as to not obstruct a clear view by motor vehicle drivers. (Ord. 2018-11, 7-31-2018)

   B.   Other Lots:

      1.   Front Yards: Lawn trees and other landscape elements are permitted but must be planted at least fifteen feet (15') back from the street line as measured to the point of the trees nearest the street line (figure 1 of this section). Trees and other landscape elements planted closer than fifteen feet (15') from the street line shall be pruned at least seven feet (7') above the established grade of the road or not exceed thirty six inches (36") in height.

      2.   Retaining Walls: Where a retaining wall protects a cut below the natural grade and is located on the line separating lots, such retaining wall may be topped by a fence, hedge, or wall of the same height that would otherwise be permitted at the location if no retaining wall existed. Where a retaining wall contains a fill, the height of the retaining wall built to retain the fill shall be considered as part of the permissible height of a fence, solid wall, or hedge; providing, that in any event a protective fence or wall or hedge not more than thirty six inches (36") in height, when of solid construction or such density as to not permit a clear view of adjoining streets and sidewalks may be erected at the top of the retaining wall, or when the protective fence, wall or hedge is of such construction as to permit a clear unobstructed view of adjoining streets and of sidewalks not exceeding forty eight inches (48") in height may be erected on top of said retaining wall. The provisions of this subsection shall not apply to fences required by State law to surround and enclose public utility installations, public schools, or City property. (Ord. 2009-40, 11-24-2009)

   C.   Driveways: Driveways in residential zones shall be governed by a clear vision triangle measured at a point where the edge of the driveway and curb meet (see figure 1 of this section). At this point, measurements shall be made ten feet (10') into the property along the driveway edge and ten feet (10') along the curb. Where there is no curb, the measurements shall be taken from the edge of the pavement or concrete. The extent of these measurements shall be connected, forming the clear vision triangle. Lawn trees are permitted in the clear vision triangle provided they are pruned at least seven feet (7') above the established road grade so as to not obstruct a clear view by motor vehicles. Other vegetation may be made on both sides of the driveway and may affect placement landscaping or fencing on adjacent property. (Ord. 2018-11, 7-31-2018)

   D.   Fences: Fences located within a required residential front setback area shall not exceed thirty six inches (36") in height if sight obscuring, or forty eight inches (48") if nonobscuring, and shall meet all clear vision standards where applicable. (Ord. 2010-13, 7-27-2010)

   FIGURE 1

(Ord. 2009-40, 11-24-2009; amd. Ord. 2018-11, 7-31-2018)

The height limitations contained in the zone regulations shall not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. (Ord. 2009-40, 11-24-2009)

"Outdoor storage" is hereby defined as the commercial storage or keeping of building materials, equipment, fuels, vehicles, goods, commodities or raw materials outside of a building or structure. Outdoor storage shall only be permitted as an accessory use in the M-1 or C-2 zones, subordinate to a permitted use on the same lot. In addition to requirements found elsewhere in this code and laws of the state of Utah, all outdoor storage shall comply with the following regulations:

   A.   No yard or other open space around an existing building, or which is hereafter provided around any building for the purpose of complying with the provisions of this title, shall be used for outdoor storage without first obtaining site plan approval for such use from the land use authority in accordance with chapter 5 of this title. The storage, keeping, or parking of a vehicle on an approved parking space at a private residence shall not be considered outdoor storage. The outdoor display of goods and other merchandise for retail sale shall not be considered outdoor storage. No other area or parcel of land shall be used for such purposes except as specifically permitted herein. Outdoor storage of junk, trash, debris, or other waste materials is prohibited on any lot or parcel in the city.

   B.   All outdoor storage, except for agricultural products, shall be enclosed by a fence or wall at least six feet (6') in height and impervious to sight from any public street, right of way, or adjacent property. No items may be stacked higher than the fence or wall of the enclosure, unless expressly exempted elsewhere in this title.

   C.   No materials or waste shall be deposited upon any property in such form or manner that they may be transferred off such property by natural causes or forces. All materials or wastes which might cause fumes or dust, or which constitute a fire hazard, or which may be edible by, or otherwise be attractive to rodents or insects may not be stored outdoors unless put in closed containers.

   D.   Open storage of hay or other agricultural products shall be located not less than forty feet (40') from a public street, and fifty feet (50') from any dwelling on adjoining property; except, that any accessory building containing such products shall be located as required for all agricultural accessory buildings as provided for herein.

   E.   Outdoor storage in the C-2 zone shall not exceed six feet (6') in height. Outdoor storage in the M-1 zone may exceed the height of six feet (6') up to a maximum height of up to fifteen feet (15') only if all adjacent properties share the same M-1 zone designation. If a railroad right of way is adjacent to the property, storage may only exceed six feet (6') upon planning commission approval. The following shall be the criteria by which the planning commission shall review the storage:

      1.   There shall be adequate screening to prevent any residential zones across the railroad right of way from viewing the storage.

      2.   The storage shall be screened to prevent a view of the storage from a commuter rail train. Screening can be accomplished by a change in grade, landscaping, or sight obscuring fences and walls. The planning commission may impose any other conditions designed to mitigate the impact of the storage.

   F.   All areas used for outdoor storage shall be properly surfaced with an impermeable, all weather material, and shall be kept free of weeds and debris. (Ord. 2015-19, 12-8-2015)

All swimming pools and tanks more than thirty inches (30") in depth shall be set back at least five feet (5') from all property lines and shall be completely surrounded by a screened fence or wall having a height of at least six feet (6'). Gates shall be lockable and equipped with self-closing and self-latching devices. Fences and gates shall not have openings larger than four (4) square inches. (Ord. 2009-40, 11-24-2009)

   A.   Construction Office: A mobile office or trailer may be used for a temporary construction office on the site of the construction only until the project is completed and a final inspection is granted. No business shall be conducted from the mobile office or trailer, except for such business that is related to and necessary for construction and development of the site. Site plan review and approval shall be required in accordance with chapter 5 of this title prior to occupancy of the mobile office or trailer.

   B.   Commercial Use: A mobile office or trailer may be located for temporary expansion of a commercial or industrial use legally existing on any site if first approved by the planning commission in accordance with the following conditions:

      1.   The mobile office or trailer shall be allowed for a maximum period of one year, with a possibility of renewal by the planning commission for up to one additional year upon request of the property owner.

      2.   The mobile office or trailer shall be located in a side or rear yard only and not in the front yard of a permanent building, and that it shall be made as inconspicuous as possible.

      3.   The location of the mobile office or trailer shall meet all yard requirements of this title and shall be located in conformance with plans approved by the planning commission.

      4.   Site plan review and approval shall be required in accordance with chapter 5 of this title. A building permit for the construction or expansion of the main building shall be obtained prior to occupancy of the mobile office or trailer.

   C.   Recreational Vehicles: Camp trailers, campers, and other recreational vehicles shall not be occupied or used for living or sleeping purposes upon any property in the city for a period of more than fourteen (14) consecutive days, or thirty (30) days total per calendar year.

   D.   Sale Of Residential Dwellings: A mobile office or trailer may be temporarily used for the sale of residential dwellings during construction and site development. Site plan review and approval shall be required in accordance with chapter 5 of this title prior to occupancy of the mobile office or trailer. (Ord. 2009-04, 4-14-2009)

(Rep. by Ord. 2009-40, 11-24-2009)

(Rep. by Ord. 2022-06, 2-22-2022)

   A.   Height Regulation: No light shall be higher than fifty feet (50') from finished grade, except that athletic field lights may be higher with approval of the planning commission through the site plan process.

   B.   Glare: All lights shall be so designed, located, shielded and directed so as to prevent the casting or glare or direct light from artificial illumination upon surrounding property and public roadways. Such lights alleged to violate this subsection by the adjacent property owners or planning and zoning administrator, shall be subject to a public hearing before the planning commission as to the validity of the alleged violation. If such light is determined to be in violation, the owner of said light shall take appropriate corrective action as directed. (Ord. 2009-40, 11-24-2009)

All property developed adjacent to state highways and interstates shall include noise abatement measures (type I noise abatement) determined necessary by the city and consistent with Utah department of transportation's noise impact criteria in effect at the time. (Ord. 94-24, 12-13-1994)

   A.   Purpose: The purpose of this section is to address planning issues resulting from the rapid growth and demand for low power radio services. This section distinguishes low power radio from other broadcasting type telecommunication technologies and establishes provisions relating to demand, visual mitigation, noise, engineering, residential impact, health, safety and facility siting.

   B.   Definitions: As used in this section, the following words and terms shall have the meanings ascribed to them in this subsection:

ABANDONMENT (ABANDON): The discontinued use of a telecommunications tower facility or site.

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

BUSINESS USER: A user of wireless telecommunications transmissions as a direct communications use for their business purpose and not profiting from the use of their telecommunications equipment or service.

COLLOCATION: The reasonable sharing of tower space by more than one user or provider of wireless telecommunications services.

COMMERCIAL PROVIDER: A company or individual who provides equipment used primarily for the transmission, reception or transfer of voice or data through radio wave or wireless transmissions, who receives remuneration for such service.

GOVERNMENTAL USER: A political entity or any division or subdivision of any level of official government who uses wireless telecommunications for transmission, reception or transfer of either data or voice communications.

HEIGHT: The vertical distance from ground level of the object being measured.

LATTICE TOWER: A self-supporting multiple sided, open steel framed structure used to support telecommunications equipment.

LOW POWER RADIO SERVICE FACILITY: An unmanned structure which consists of equipment used primarily for the transmission, reception or transfer of voice or data through radio wave or wireless transmissions. Such sites typically require the construction of transmission support structures to which antenna equipment is attached.

MONOPOLE: A single cylindrical steel or wood pole that acts as the support structure for antennas.

MULTILOCATION: Shall mean and have the same requirements as collocation.

NONCOMMERCIAL USER: A company or individual who legally uses wireless telecommunications for services or communications purposes that receive no remuneration for such services.

NONMAINTAINED: The physical, technical, aesthetic or structural deterioration of the site, to include any tower, antenna, apparatus, building, grounds or equipment that is in disrepair or in need of maintenance.

ROOF MOUNTED ANTENNA: An antenna or series of individual antennas mounted on a roof, mechanical room or penthouse of a building.

SITE: See definition of Telecommunications Lot.

TELECOMMUNICATIONS LOT: A telecommunications lot is that area set aside for construction and placement of telecommunications equipment, including any buildings, towers, antennas or other apparatus not housed in a residential or business building. A lot set aside for telecommunications equipment and tower may differ from the official recorded piece of property and will include any required equipment, accessories or fenced area.

WALL MOUNTED ANTENNA: An antenna or series of individual antennas mounted against the vertical wall of a building.

WHIP ANTENNA (FLEXIBLE): An antenna that is cylindrical in shape and flexible in vertical construction.

WHIP ANTENNA (VERTICAL): An antenna that is cylindrical in shape and rigid in vertical construction.

WIDTH: Horizontal measurement of the object being measured, whether by side, circumference or diameter. (Ord. 96-18, 9-10-1996)

   C.   Permitted Uses:

Lattice towers and monopole towers shall be permitted uses in the M-1 manufacturing zone and PF public facilities zone.

Roof mounted antennas, wall mounted antennas, and whip antennas shall be permitted uses in the M-1 manufacturing zone, PF public facilities zone, B-1 buffer zone, C-1 and C-2 commercial zones, C-R commercial residential zone, and the D-R downtown redevelopment zone.

Telecommunications lots shall be permitted uses in the M-1 manufacturing zone and PF public facilities zone.

   D.   Conditional Uses:

Lattice towers shall be a conditional use in the C-1 and C-2 commercial zones.

Monopole towers shall be a conditional use in the A-1 agriculture zone, B-1 buffer zone, C-1 and C-2 commercial zones, C-R commercial residential zone, and D-R downtown redevelopment zone.

Telecommunications lots shall be conditional uses in the C-1 and C-2 commercial zones. (Ord. 2010-13, 7-27-2010)

   E.   Yard Requirements:

      1.   All telecommunication towers shall be located on the lot so that the distance from the base of the tower to any adjoining residential zone or any residential structure is a minimum of one hundred percent (100%) of the proposed tower height with an additional ten foot (10') buffer. The total distance of the tower base from the residential zone or structure shall be no less than one hundred percent (100%) of the tower height, plus ten feet (10'). Towers that use generators shall at no time have an acoustic reading that exceeds sixty five (65) decibels. (Reference: US EPA [1974] 11.4 and 24 CFR 51 housing and urban development.)

      2.   No towers shall be permitted in the required front yard in any zoning district and shall not be located in a required landscaped area or required parking area. Towers located on vacant lots shall have a minimum front yard setback of twenty five feet (25') in all zoning districts.

   F.   Wall Mounted Antennas: Wall mounted antennas may not extend above the wall line of the building or extend more than four feet (4') horizontally from the face of the building. Equipment and the supporting structure shall be painted to match the color of the building or structure or the background against which they are most commonly seen. Antennas and the supporting structures on buildings shall be architecturally compatible with the building.

   G.   Roof Mounted Antennas: Roof mounted antennas may not extend more than fifteen feet (15') above the highest point of the roof. Antennas must be mounted at least five feet (5') from the exterior wall of a building and must be screened, constructed and/or colored to match the structure to which they are attached.

   H.   Whip Antennas: Flexible whip antennas are not allowed in any zone.

   I.   Additional Conditional Use Requirements: In addition to conditional use standards outlined in chapter 4 of this title, the following shall be considered by the planning commission:

      1.   Compatibility: Whether the proposed structure is compatible with the height and mass of existing buildings and utility structures. Height of the tower structure should be reasonable, dependent upon the surrounding structures or buildings and compatible to the surrounding neighborhood.

      2.   Collocation: Whether collocation of the antenna on other existing structures in the same vicinity such as other towers, buildings, water towers, utility poles, etc., is possible without significantly impacting antenna transmission or reception.

      3.   Screening: The location in relation to existing vegetation, topography and buildings to obtain the best visual screening.

      4.   Spacing: Whether the spacing between monopoles and lattice towers creates detrimental impacts to adjoining properties.

      5.   Negative Impacts: Whether there are any negative impacts associated with the use that must be mitigated through screening, landscaping, height limits or specifying construction materials and colors, etc.

   J.   Lighting And Security: Any lighting on towers must meet FAA and FCC requirements. When lighting is required and permitted by the FAA or any other federal or state authority, it shall be oriented inward so as not to project onto surrounding property. All towers must be enclosed by a six foot (6') chainlink or opaque fence, all monopoles must have the climbing pegs removed from the lower twenty feet (20') of the monopole.

   K.   Accessory Buildings:

      1.   Accessory buildings to antenna structures must comply with the required setback, height and landscaping requirements of the zoning district in which they are located. They shall be compatible in design, structure and color with buildings in the surrounding neighborhood. All storage of equipment and materials must be inside of an enclosed building, storage in open areas is not permitted.

      2.   Any business user or telecommunications provider that uses the site or lot as an office or place of business where employees are required to work on premises or customers are required to visit the premises, are subject to all other zoning and building requirements of the city.

   L.   Structural Integrity And Inspections: All new towers and any modifications to existing towers shall be certified by a licensed engineer according to structural standards for antenna towers of the Electronic Industries Association. The city may require periodic inspections of telecommunication towers to ensure structural integrity. The inspections shall be conducted by a licensed engineer and based upon the results of an inspection, the city may require repair or removal of a telecommunication tower. The expense of the inspection and/or removal of the tower shall be the responsibility of the tower owner.

   M.   Nonmaintained Or Abandoned Facilities:

      1.   When an antenna has not been repaired or used by the owner, person having control of, or person receiving benefit of the structure for a period of thirty (30) days, it will be considered abandoned. Within sixty (60) days after notice of abandonment is given to the owner, person having control or person receiving benefit of the structure, the antenna, the tower, all support structures and no less than the top three feet (3') of footing must be removed by the owner of the tower.

      2.   If the tower is not removed after the conclusion of the sixty (60) day notice of abandonment period, the zoning administrator is hereby authorized to cause the tower and accompanying structures deemed abandoned, to be removed forthwith at the expense of the owner, agent or person owning the building or land that the tower is located upon. The city shall have the right to collect such costs as provided for in Utah Code Annotated title 10, chapter 11, as amended. (Ord. 96-18, 9-10-1996)

   N.   Amateur Radio Facilities; Towers And Equipment:

      1.   Amateur radio facilities are primarily governed by restrictions provided by the federal communications commission and this section shall defer to federal provisions for amateur radio operation with the exception of the following conditional uses: to comply with reasonable standards of federal law for the permitting of amateur radio tower equipment and facilities, a conditional use permit will be required if any of the following structures, buildings, facilities or equipment are to be constructed. Applicants must present evidence of ability to operate radio equipment by exhausting all other means of operation which shall be verified by the leadership of a reputable radio group as to be determined by the planning commission, before the following conditional uses may be permitted: (Ord. 96-18, 9-10-1996; amd. 2000 Code)

         a.   Height of support structure over seventy five feet (75') from ground level.

         b.   Equipment, tower or any accompanying structure or equipment placed in the front yard of any lot. (Ord. 96-18, 9-10-1996)

      2.   Amateur radio facilities and equipment in M-1 zones do not require conditional use permits. (Ord. 96-18, 9-10-1996; amd. Ord. 99-6, 3-9-1999)

   O.   Collocation:

      1.   All commercial telecommunications providers are required to collocate on existing telecommunications towers. Any commercial provider applicant who applies for a new tower structure site must provide the planning commission with extensive evidence that they have exhausted all means possible to collocate on existing towers or provide substantiated evidence that collocation on existing towers is contrary to engineering design and would create a substantial hardship for their business if located on any available existing towers.

      2.   Commercial telecommunications providers will be required to provide tower space, as well as ground space where possible, or allow access through existing ground space for necessary equipment and accessories to subsequent telecommunications providers on existing towers and telecommunications lot areas. If ground space is not available, subsequent providers may have to acquire additional space from the adjacent landowner. The landowner, the present tower owner/occupant and the applicant to the tower must bargain in good faith for the use of the tower and all must respect reasonable rates for the area and the industry.

   P.   Access To Site: All telecommunications tower facilities must have reasonable access and fulfill all easement requirements necessary for construction, repair or necessary access to site.

   Q.   Building Permits: A building permit shall be required for the construction or siting of all commercial or business use towers.

   R.   Denial Of Request To Install Or Construct: Any application for construction of a wireless communications tower that is denied by any official of the city, the planning commission or the city council, must be in writing and must be based on evidence with a written record of proceedings. Denial may not be based upon the grounds that radio frequency emissions from the facilities will be harmful to the environment or health of residents. FCC standards govern this application. (Ord. 96-18, 9-10-1996)

   A.   Commercial storage facilities shall only be permitted on properties that had such facilities on them as of the effective date of Clearfield City ordinance 02-02.

   B.   All existing commercial storage facilities shall be considered legal nonconforming uses and shall be subject to the regulations of chapter 17 of this title. (Ord. 2010-13, 7-27-2010)

   A.   Definitions: For purposes of this section, the following terms shall have the meanings prescribed therein:

    ELDERLY PERSON: A person who is sixty (60) years of age or older, who desires or needs to live with other elderly persons in a group setting, but who is capable of living independently.

   GROUP HOME FOR PERSONS WITH A DISABILITY: A dwelling in which eight (8) or fewer unrelated persons, exclusive of staff, having physical or mental disabilities or impairments are cared for or live in a supervised environment.

   GROUP HOME FOR THE ELDERLY: A dwelling in which eight (8) or fewer unrelated elderly persons, exclusive of staff, are cared for or live in a supervised environment. The residents may or may not have a physical or mental impairment because of age. A group home for the elderly shall be owned by one of the residents or by an immediate family member of one of the residents or be a facility for which title has been placed in trust for a resident.

   B.   Placement Of Specific Persons Restricted: Placement in a group home facility shall be on a strictly voluntary basis and not part of or in lieu of confinement, rehabilitation or treatment in a correctional facility.

   C.   Approval Process: Group homes that will house more than three (3) unrelated persons shall be a conditional use in zones where single-family dwellings are allowed, and a permitted use if housing three (3) or less unrelated persons. Group Homes shall be a permitted use in zones where multiple-family dwellings are allowed. Site plan review and approval shall also be required in accordance with chapter 5 of this title. Each group home shall comply with all of the following requirements:

      1.   The facility shall conform to all applicable health, safety and building codes applicable to similar dwellings;

      2.   The facility shall be capable of use as a group home without structural or landscaping alterations that would change the structure’s residential character;

      3.   Adequate off street parking shall be provided;

      4.   The facility shall be consistent with the existing zoning standards of the desired location.

   D.   Assurances: The operator of the facility shall provide assurances that the residents of the facility will be properly supervised on a twenty four (24) hour basis, except for homes for the elderly.

   E.   Termination: A permit granted for a group home facility under this section is nontransferable and terminates if the structure is devoted to a use other than as a group home facility. A permit also terminates if the group home facility fails to comply with any of the provisions of this section.

   F.   Fair Housing: In accordance with the fair housing amendments act of 1988, 42 USC, section 3601 et seq., none of the foregoing conditions shall be interpreted to limit any reasonable accommodation necessary to allow occupancy of a residential facility for persons with a disability.

   G.   Persons With A Disability: Group homes for persons with a disability shall follow all applicable standards and requirements of the department of human services under Utah code title 62A, chapter 2 licensure of programs and facilities.

   H.   Elderly Person: A group home for the elderly shall not be operated as a business. A group home for the elderly may not be considered a business because a fee is charged for food or for actual and necessary costs of operation and maintenance of the facility. (Ord. 2009-40, 11-24-2009; amd. Ord. 2024-16, 9-24-2024)

In addition to the regulations found in title 4 of this code, sexually oriented businesses shall comply with the following regulations:

   A.   Location Restrictions:

      1.   No sexually oriented business shall be located within a one thousand foot (1,000') radius of any school, church, park or residence. No sexually oriented business shall be located within a one thousand foot (1,000') radius of another sexually oriented business.

      2.   No sexually oriented business shall be located within a one thousand foot (1,000') radius of all gateways to the city. "Gateways" shall be defined as the point where any public street enters the city.

   B.   Sign Restrictions: Sexually oriented business signs shall be limited as follows:

      1.   No more than one sign shall be allowed on any sexually oriented business premises. Off premises signs shall not be allowed.

      2.   No sign on the sexually oriented business premises shall be allowed to exceed eighteen (18) square feet.

      3.   No animation shall be permitted on or around any sexually oriented business sign or on the exterior walls or roof of the premises.

      4.   No descriptive art or designs depicting any activity related to or inferring the nature of the business shall be allowed on any sexually oriented business sign, which shall contain alphanumeric copy only.

      5.   Only flat wall signs shall be permitted for any sexually oriented business.

      6.   Painted signs or painted wall advertising shall not be allowed.

      7.   Other than the signs specifically allowed by this title, the sexually oriented business shall not construct or allow to be constructed any temporary sign, banner, light, window or other device designed to draw attention to the business location. (Ord. 2009-04, 4-14-2009)

(Rep. by Ord. 2022-06, 2-22-2022)

   A.   Any project developed under the provisions of the condominium ownership act of Utah, or subsequent amendments thereto, shall, prior to the conveyance of any unit, submit to the planning commission a declaration of covenants, conditions and restrictions relating to the project, which shall become part of the final development plan and shall be recorded to run with the land.

   B.   All covenants, conditions and restrictions shall include management policies which shall set forth the quality of maintenance that will be performed and who is to be responsible for said maintenance within said condominium development. Said document shall, at a minimum, contain the following:

      1.   The establishment of a private association or corporation responsible for all maintenance, which shall levy the cost thereof as an assessment to each unit owner within the condominium development.

      2.   The establishment of a management committee, with provisions setting forth the number of persons constituting the committee, the method of selection and the powers and duties of said committee and including the person, partnership or corporation with property management expertise and experience who shall be designated to manage the maintenance of the common areas and facilities in an efficient and quality manner.

      3.   The method of calling a meeting of the members of the corporation or association, with the members thereof that will constitute a quorum authorized to transact business.

      4.   The manner of collection from unit owners for their share of common expenses and the method of assessment.

      5.   Provisions as to percentage of votes by unit owners which shall be necessary to determine whether to rebuild, repair and restore or sell property in the event of damage or destruction of all or part of the project.

      6.   The method and procedure by which the declaration may be amended.

   C.   The declaration required herein, any amendment, and any instrument affecting the property or any unit therein, shall be approved by the city attorney, planning commission, and city council, and shall be recorded with the county recorder.

   D.   This title shall not nullify the more restrictive provisions of private covenants and agreements entered into between private persons, but shall prevail notwithstanding such provisions which are less restrictive.

   E.   Enforcement of private covenants and agreements is affected only by the parties in interest and the responsibility therefor shall not be assumed by the city or its agents. The city shall not be responsible for the enforcement of any private covenant, condition or restriction that is more restrictive than the provisions of this code. (Ord. 2009-40, 11-24-2009)

Courtesy benches and shelters shall be subject to the following provisions: (Ord. 2010-13, 7-27-2010)

   A.   Permit Required: No courtesy bench or shelter shall be installed or erected without first obtaining a permit from the city. Courtesy bench and shelter permits shall be nontransferable.

   B.   Application: Application for a courtesy bench or shelter permit shall be made in writing by the property owner or certified agent on forms prepared by the city, and shall be accompanied by payment of the fee required by the city's fee schedule. Upon receipt of a complete application, the planning and zoning administrator shall be authorized to approve the application, approve the application with conditions, or deny the application. (Ord. 2016-06, 9-27-2016)

   C.   License Period:

      1.   Calendar Year: All permits issued shall be valid for a period of one calendar year. Permits approved after the calendar year begins shall only be valid through the remaining months of the calendar year. Exception: New permits issued after November 1 shall require payment of the full application fee and shall be valid through December 31 of the following year.

      2.   Renewal: At the time of yearly renewal, an inspection may be made to assure compliance with the provisions of this code.

   D.   Revocation: The planning and zoning administrator may revoke a courtesy bench or shelter permit at any time for any of the following reasons:

      1.   Fraud or misrepresentation in its procurement.

      2.   Failure to comply with any or all of the provisions of this code.

   E.   Property Owner Consent: Written approval from the property owner shall be required at the time of initial application for a courtesy bench or shelter permit, whether the courtesy bench or shelter is located on public or private property. It shall be the responsibility of the applicant to obtain and maintain property owner approval. The approval shall be provided on forms prepared by the city. A property owner may revoke his or her consent at any time and for any reason. Revocation of property owner consent shall constitute immediate termination of the courtesy bench or shelter permit. A change in property owners shall require written approval by the new owner.

   F.   Location And Quantity:

      1.   Courtesy benches and shelters shall only be located in the C-1 commercial, C-2 commercial, C-R commercial residential, D-R downtown redevelopment, and M-1 manufacturing zones.

      2.   No courtesy bench or shelter shall be located within a required clear vision area.

      3.   A maximum of one courtesy bench or one courtesy shelter shall be allowed at each approved Utah transit authority bus stop. The bench or shelter shall be located within ten feet (10') of the stop. If a bus stop is moved or otherwise eliminated from service by the Utah transit authority, all permits for associated benches and shelters shall be immediately terminated.

      4.   A maximum of one courtesy bench, located no more than one hundred feet (100') from the curb line intersection of the streets, shall be allowed per corner at signalized public street intersections. Courtesy benches located at an intersection shall comply with all other regulations of this section.

   G.   Signage: No signs shall be allowed on courtesy benches or shelters.

   H.   Construction And Maintenance:

      1.   Courtesy benches shall be constructed in substantial conformance with figure 1 of this section and shall be kept in good repair.

      2.   A concrete pad shall be required for all courtesy benches and shelters. The minimum pad size for courtesy benches shall be four feet by six feet (4' x 6') and the minimum pad size for a courtesy shelter shall be two feet (2') wider than the width of the shelter and two feet (2') longer than the length of the shelter. Additional space should also be designed for persons in wheelchairs and/or to provide additional waiting area for bus patrons.

      3.   The minimum pad area for a courtesy bench or shelter may include part of a sidewalk. However, no courtesy bench or shelter shall infringe upon or obstruct any sidewalk, other pedestrian path, or driveway without adding paving which meets passage standards established by the Americans with disabilities act (ADA).

      4.   Courtesy benches and shelters shall be securely fastened to the concrete pad. Upon removal of a bench or shelter, the concrete pad shall be repaired by the owner of the bench or shelter, including removal of attachment bolts and repair of all holes in the concrete pad.

   I.   Insurance: For any courtesy bench or shelter, the company or person responsible for the courtesy bench or shelter shall provide to the city proof of liability insurance in the minimum amount of one million dollars ($1,000,000.00), and shall name the city as an additional insured, and indemnify and hold harmless the city from any and all injuries and defense costs arising from the placement or use of the courtesy bench or shelter.

   J.   Exception: The provisions of this section shall not apply to courtesy benches or shelters installed by the City or the Utah Transit Authority.

   Figure 1

(Ord. 2010-13, 7-27-2010)

Fireworks stands, and temporary or seasonal merchants shall be subject to the following regulations:

   A.   Location Specified; Location Restrictions:

      1.   Each license shall specify the location where the business is approved to operate. No operation shall occur at locations other than the approved site.

      2.   Licenses issued under this section shall be limited to the following street corridors:

         a.   (SR) 126 (North Main Street & State Street), 1700 South (Antelope Drive), State Route (SR) 193 (700 South), 200 South, and 300 North (excluding properties east of SR 126), if located outside of Freeport Center or Freeport West. All fireworks stands, temporary or seasonal merchants, shall not occupy more than twenty percent (20%) of the parking stalls on the lot where the business has been approved.

         b.   No location restrictions are imposed by the city if locating inside Freeport Center or Freeport West.

         c.   Licenses may only be issued on non-residential properties (such as businesses, schools, churches, etc.) along the identified corridors within the city.

   B.   Maintenance: The area around a fireworks stand, temporary or seasonal merchant shall be kept clean and orderly. A trash receptacle shall be provided for patrons. The licensee shall promptly clean up all trash, litter, spills, etc., within a minimum twenty-foot (20') radius of the business.

   C.   Appearance: All fireworks stands, temporary or seasonal merchants structures and display areas shall have a professional appearance, and may not appear tattered, torn, frayed, faded, have chipped or peeling paint or otherwise be in disrepair. All equipment associated with the use shall be maintained in a new or near new condition. All retail items shall be displayed in a neat and orderly fashion. All displays, merchandise, and debris associated with the use shall be contained within the confines of the use and be cleaned at the end of each business day. A business license will not be issued or may be revoked if structures, display areas and/or equipment are not properly kept and maintained.

   D.   Impervious Surface: Each fireworks stand, temporary or seasonal merchant shall be located on an impervious, all-weather surface with no portion of the business located in a landscaped or unimproved area.

   E.   Setbacks: Each fireworks stand, temporary or seasonal merchant shall be located a minimum of ten feet (10') behind the inside edge of a public sidewalk, or fifteen feet (15') from the edge of the street right-of-way if no sidewalk exists; five feet (5') from combustible walls, roof eave lines, awnings, etc.; ten feet (10') from any building openings (i.e., doors, windows, vents, etc.); and five feet (5') from a fire hydrant, driveway, handicapped parking space or loading area.

   F.   Traffic Safety: No fireworks stand, temporary or seasonal merchant shall impede auto and/or pedestrian traffic or create auto/pedestrian conflicts. Private sidewalk clear widths shall not be reduced below five feet (5'), and no fireworks stand, temporary or seasonal merchant shall interfere with the internal parking lot circulation.

   G.   Parking: The site shall have adequate parking to accommodate the primary use(s) on site as well as any area used by the fireworks stand, temporary or seasonal merchant. No part of the fireworks stand, temporary or seasonal merchant shall occupy required parking stalls for the primary use(s) of the site. A minimum of two (2) on-site parking stalls are required for each fireworks stand, temporary or seasonal merchant.

   H.   Business Conduct: A fireworks stand, temporary or seasonal merchant shall not solicit or conduct business with persons in motor vehicles or use any flashing lights, noise, sound or other motion producing devices to attract attention to its operation. A fireworks stand, temporary or seasonal merchant located in or adjacent to a residential zone, shall not operate prior to eight o’clock (8:00) AM or after ten o’clock (10:00) PM.

   I.   Fireworks Stand Limitation: To promote public safety, a fireworks stand located within a one-thousand-foot (1,000') radius (as measured from property line to property line) of the Clearfield City 4th of July event at Fisher Park shall not operate after two o’clock (2:00) PM.

   J.   Minimum Separation Required: No temporary or seasonal merchant shall be located within two hundred feet (200') of the primary public entrance of an existing retail store which sells similar products as its primary business.

   K.   Signs: Each fireworks stand, temporary or seasonal merchant shall be limited to one on premises sign, which shall not exceed eight (8) square feet in size. Signs shall not be internally illuminated or make use of flashing or intermittent lighting or animation devices. Pennants, streamers, lawn banners and other temporary signs shall be prohibited.

   L.   Fire Extinguisher Required: A portable fire extinguisher, Type 2A-10 BC minimum, must be mounted within easy reach of each fireworks stand, temporary or seasonal merchant.

   M.   City Sponsored Event Or Activity: This section shall not apply to fireworks stands, temporary or seasonal merchants participating in a City sponsored event or activity. (Ord. 2017-13, 7-25-2017; amd. Ord. 2022-23, 9-13-2022)

   A.   General Requirements:

      1.   Site plan approval shall be required for portable storage containers in all nonresidential zones.

      2.   Except in the M-1 Zone, no container shall be used as a permanent structure or an appendage to a permanent structure.

      3.   Vertical stacking of portable storage containers or materials on top of containers shall be prohibited unless approved through the site plan review process.

      4.   Portable storage containers shall not be used as dwellings, or for camping, cooking or recreation purposes, and may not be connected to plumbing or electricity.

      5.   Portable storage containers not being actively used may not be stored in Clearfield City except by such businesses that are properly licensed to sell or lease containers.

      6.   Portable storage containers shall be kept in good repair.

      7.   Portable storage containers shall not be allowed on vacant parcels of real property.

   B.   Residential Requirements:

      1.   Portable storage containers shall not be allowed for permanent storage.

      2.   Only one portable storage container shall be allowed per parcel.

      3.   Portable storage containers shall only be allowed for moving purposes or during construction or remodeling and shall meet the following requirements:

         a.   Portable storage containers used for moving in or out of a residence shall be allowed for a maximum of fourteen (14) days, and shall only be located on a driveway or other paved area on private property.

         b.   Portable storage containers used during construction shall: (Ord. 2010-13, 7-27-2010)

            (1)   Only be allowed if a valid building permit is currently on file with the city; (Ord. 2016-06, 9-27-2016)

            (2)   Be allowed for a maximum of six (6) months. An extension of up to six (6) months may be granted by the planning and zoning administrator;

            (3)   Not be located in a public right of way; and

            (4)   Be removed before a certificate of occupancy is issued.

   C.   Agricultural Requirements: The regulations for portable storage containers in agriculture zones shall be the same as those set forth in subsection B of this section, except as set forth below:

      1.   Portable storage containers may be allowed for a maximum of three (3) months for storage.

      2.   Portable storage containers shall be completely screened from streets and residential areas.

      3.   No more than one portable storage container shall be allowed per acre of land.

   D.   Commercial Requirements:

      1.   Containers may not be used for everyday business operations, except for incidental shipping and receiving of materials or products for a period not to exceed thirty (30) consecutive calendar days or ninety (90) calendar days in a calendar year.

      2.   Portable storage containers shall be located on a concrete or asphalt surface.

      3.   Portable storage containers shall be completely screened from streets and residential areas.

   E.   Manufacturing Requirements:

      1.   The combined footprint of all portable storage containers shall not exceed twenty five percent (25%) of the footprint of the main building.

      2.   Portable storage containers shall be located on concrete or asphalt surface.

      3.   Portable storage containers shall be completely screened from public streets and residential areas. (Ord. 2010-13, 7-27-2010)

Landscape supply yards shall be subject to all regulations for outdoor storage except as follows:

   A.   Impermeable Surfaces: An impermeable, all weather surface shall be required for parking areas for employees and customers. All other areas on site shall be kept free of weeds and debris. (Ord. 2010-18, 11-9-2010)

   A.   Nondepository Lending Establishments:

      1.   No nondepository lending establishment shall be located within one mile (5,280 feet) of any other nondepository lending establishment. The distance shall be measured in a straight line between the closest property lines of the lots upon which they are located.

      2.   The number of nondepository lending establishments may not exceed one per ten thousand (10,000) of the Clearfield City population. The total population figures shall be based on the U.S. census bureau’s annual estimates.

   B.   Establishments With Active License Before May 1, 2014: The following shall only apply to nondepository lending establishments that had an active business license before May 1, 2014, in Clearfield City:

      1.   Termination Of Business License: If any of the above listed businesses fails to renew its Clearfield City business license or vacates its premises, then the business and use is deemed terminated. Businesses which were legally and lawfully in place in the city prior to May 1, 2014, which do not meet the new zoning and separation requirements shall be considered nonconforming and will be subject to the provisions of chapter 17 of this title.

      2.   Relocation Of Existing Business: Any of the above listed businesses legally and lawfully existing in the city before May 1, 2014, shall only be allowed to relocate to a new site that meets the zoning and separation requirements outlined in this section. The nonconforming status of the prior site is deemed to have been terminated. (Ord. 2014-09, 4-22-2014; amd. Ord. 2022-03, 2-8-2022)

   A.   Proximity Restrictions: No retail tobacco specialty business shall be located within:

      1.   One thousand feet (1,000') of a community location.

         a.   "Community location" means a public or private kindergarten, elementary, middle, junior high, or high school; a licensed childcare facility or preschool; a trade or technical school; a church; a public library; a public playground; a public park; a youth center or other space used primarily for youth oriented activities; a public recreational facility; or a public arcade;

      2.   Six hundred feet (600') of another retail tobacco specialty business; or

      3.   Six hundred feet (600') from property used or zoned for agriculture use or residential use.

   B.   Measurements: For the purposes of this section, the proximity requirements shall be measured in a straight line from the nearest entrance of the retail tobacco specialty business to the nearest property boundary of the community location, agricultural or residential use, or other retail tobacco specialty business, without regard to intervening structures or zoning districts. (Ord. 2012-03, 6-12-2012, eff. 7-1-2012)

(Rep. by Ord. 2022-03, 2-8-2022)

   A.   Drop Off/Pick Up Plans: Applicant shall submit a drop off and pick up schedule, subject to approval by the city zoning administrator, with staggered times proposed in order to mitigate traffic impacts. If applicant is requesting approval for a residential preschool that holds more than one class per day, the ending time of the first class to the beginning time of the second class shall be scheduled at least one hour apart to prevent overlapping times of pick up and drop off of students.

   B.   Traffic Flow: Applicant shall submit a copy of the traffic flow plan, which shall be subject to approval by the city zoning administrator.

   C.   Outdoor Environment: There shall be an outdoor play area for children that is safely accessible and which must be enclosed and installed to the satisfaction of state of Utah.

   D.   Planning Commission Review: If the zoning administrator determines that an application needs further interpretation, he may request planning commission review of the application. (Ord. 2014-23, 10-28-2014)

   A.   License Required: It shall be unlawful for any person, firm, corporation or charity to hold a swap meet or flea market without having first obtained a business license.

      1.   Daily Business License: A swap meet licensee shall have the right to issue daily business licenses to individual sellers operating on the swap meet licensee's premises upon receiving the required daily license fee of one dollar ($1.00), as determined in the consolidated fee schedule, and the signed application required by section 4-1-5 of this code. This fee shall be remitted to the city and shall be applied toward the city's added costs of printing application forms and policing swap meets for stolen goods. A licensee shall have the right to refuse to issue a daily business license to any applicant who does not have positive identification or who the licensee has reasonable cause to believe is attempting to sell stolen property.

   B.   Restricted Items: No sale of firearms, pyrotechnics, ammunition, explosives, alcoholic beverages, food (except fresh produce), drinks, pornography, illegal substances, or medicines shall be made by daily sellers on the swap meet licensee's premises.

   C.   Report Required: It shall be the duty of every swap meet licensee to report to the police department any article he or she has reason to believe was stolen or lost and found by the person attempting to sell it.

   D.   Pawnbrokers And Secondhand Dealer Business: A swap meet licensee shall not conduct the business of a pawnbroker or secondhand dealer without having obtained the licenses required for such businesses as provided in title 4 of this code. (Ord. 2014-30, 12-9-2014)

   A.   Neither light manufacturing nor limited distribution uses will be allowed on parcels which have frontage on, are adjacent to, or have direct unobscured visibility from main transportation corridors in the city including: State Street, Main Street, 800 North, 300 North, 200 South, SR-193, 700 South, 1700 South, South Main Street, 100 West, 1000 East, 1500 East, 2000 East, or Depot Street. The official map will be available with the City.

      1.   Light manufacturing or limited distribution uses may be considered along 1700 South when directly adjacent to other M-1 zoned properties on the same side of a street. A higher standard of design is required when considering these uses. Added enhancements shall include brick on all front facades and all facades visible from 1700 South. The brick shall be broken up by windows, changes in brick pattern, or another material at a minimum of thirty feet (30'). A minimum of 25% of the front and street facing facades shall be provided with glazing/transparency. When overhead doors are used on the front façade they must be glass paneling.

      2.   In addition to the standards listed above, light manufacturing and limited distribution developments shall comply with the commercial site and building standards outlined in the Design Standards Chapter (Chapter 18) of this title.

   B.   A structure housing light manufacturing or limited distribution uses must not be more than thirty thousand (30,000) square feet in size. (Ord. 2015-01, 2-24-2015; amd. Ord. 2016-06, 9-27-2016; Ord 2020-10, 4-14-2020)

   A.   Pawn And Secondhand Businesses:

      1.   No pawn or secondhand business shall be located within one mile (5,280 feet) of any other pawn or secondhand business. The distance shall be measured in a straight line between the closest property lines of the lots upon which they are located.

      2.   A pawn or secondhand business shall not be located within eight hundred eighty feet (880') from any nondepository lending establishment. (Ord. 2016-02, 2-23-2016)

   A.   Purpose: The purpose of this section is to authorize beekeeping subject to certain requirements intended to avoid problems that may otherwise be associated with beekeeping in populated areas.

   B.   Hives On Lots:

      1.   As provided in this section, and notwithstanding any contrary provision in this title, an apiary, located on lots that are up to one-fourth (1/4) acre shall consist of not more than three (3) hives. Lots that are one-fourth (1/4) acre, not to exceed one-half (1/2) acre shall consist of no more than five (5) hives. On any residential lot which is one-half (1/2) acre up to one acre, the number of hives permitted on the lot may be increased to ten (10) hives. Lots that meet the zoning designation and are greater than one acre do not have an imposed limit on the number of hives.

      2.   No hives shall be located in a front yard.

      3.   A person shall not locate or allow a hive on property owned or occupied by another person without first obtaining written permission from the owner.

      4.   No hive or group of hives shall exceed six feet (6') in height.

      5.   Hives shall be maintained either in a fenced yard or in accordance with the requirements set forth in subsection E of this section.

   C.   Beekeeper Registration: Each beekeeper shall be registered and maintain an active license with the Utah Department of Agriculture and Food as provided in the Utah Bee Inspection Act set forth in title 4, chapter 11 of the Utah Code, as amended.

   D.   Hives:

      1.   Honeybee colonies shall be kept in hives with removable frames which shall be kept in sound and usable condition.

      2.   Hives 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 hive; provided, however, that this requirement may be waived in writing by the adjoining property owner.

      3.   Hives shall be operated and maintained as provided in the Utah Bee Inspection Act.

      4.   Each hive shall be conspicuously marked with the owner's name, address, telephone number, and State registration number.

   E.   Flyways: A hive shall be placed on property so the general flight pattern of bees is in a direction that will deter bee contact with humans and domesticated animals. If any portion of a hive is located within fifteen feet (15') from an area which provides public access or five feet (5') from a property line on the lot where an apiary is located, as measured from the nearest point on the hive to the property line, a flyway barrier at least six feet (6') in height shall be established and maintained around the hive except as needed to allow access. Such flyway shall consist of a solid wall, fence, dense foliage or a combination thereof, which extends at least ten feet (10') beyond the hive in each direction so that bees are forced to fly to an elevation of at least six feet (6') above ground level over property lines in the vicinity of the apiary.

   F.   Water: 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 located on the property of the owner of the hive and in a location that minimizes any nuisance created by bees seeking water on neighboring property.

   G.   Beekeeping Equipment: Each beekeeper shall ensure that no bee comb or other beekeeping equipment is left upon the grounds of an apiary site. Upon removal from a hive, all such equipment shall promptly be disposed of in a sealed container or placed within a building or other beeproof enclosure.

   H.   Conflict With Davis County Health Department Regulations: In the event of a conflict between any regulation set forth in this section and honeybee management regulations adopted by the Davis County Health Department, the most restrictive regulations shall apply.

   I.   Enforcement: Any person violating or causing the violation of any of the provisions of this title, or failing or refusing to do some act required under this title, shall be guilty of a Class C misdemeanor and upon conviction thereof shall be subject to penalty as provided by section 1-4-1 of this Code. In addition to any criminal penalties, any person found in violation of this title may be subject to payment of costs associated with enforcement of this title, including, but not limited to, attorney fees.

   J.   Certain Conduct Unlawful: Notwithstanding compliance with the various requirements of this section, it shall be unlawful for any person to maintain an apiary or to keep any colony on any property in a manner that threatens public health or safety. Hives are a permitted use on properties that contain a primary use on a property. Beekeeping is not permissible as primary or singular use on residential lots. (Ord. 2016-06, 9-27-2016)

   A.   The keeping and maintenance of residential chickens is allowed within the City only as provided in this title.

   B.   Any chicken kept as provided by this title shall not be deemed a household pet.

   C.   A City license is required for the keeping of chickens allowed by this title.

      1.   A license shall be a one-time application and shall be signed by the property owner.

      2.   A license does not run with the land.

      3.   There shall be a one-time license fee of fifteen dollars ($15.00).

      4.   Application for, and acceptance of a license is prima facie evidence that a person agrees to abide by all the conditions and regulations of this title.

      5.   A license may be revoked for any violation of this title.

      6.   Applicant shall submit a site plan to the Community Development Office.

   D.   It shall be unlawful for any person to keep any chicken in a manner contrary to the provisions of this title. Any such violation shall be a Class B misdemeanor.

   E.   A chicken shall be kept strictly for familial gain from the production and consumption of eggs, and there shall be no sale or income resulting from the keeping of a chicken.

   F.   Up to six (6) hens may be kept on a residential lot in accordance with the following:

      1.   A chicken shall only be kept on a property containing a single-family detached dwelling unit.

      2.   A chicken shall be kept in a coop or enclosed area at all times.

      3.   No chicken shall be permitted to roam outside a coop or enclosed area.

      4.   A coop shall be covered, ventilated, and rodent and predator resistant.

      5.   A coop shall not be constructed of scrap or dilapidated materials.

      6.   The coop shall be built with a finished, all weather exterior material.

      7.   It is unlawful to keep a rooster or crowing hen.

      8.   No lot smaller than six thousand five hundred (6,500) square feet shall be used for the keeping of chickens.

      9.   Any coop or enclosure shall be located in the rear yard of the main dwelling.

      10.   Any coop or enclosure shall be located at least twenty feet (20') from any primary residential dwelling on an adjoining property, and at least five feet (5') from any property line.

      11.   No coop shall be taller than seven feet (7'), at its highest point.

      12.   Any time a heating device is employed in a pen or coop, such pen or coop must be separated at least ten feet (10') from any dwelling structure.

      13.   Any coop and any roaming area shall be maintained in a neat and sanitary condition and shall be cleaned as necessary to prevent a detectable odor at the property line.

      14.   Chicken feed shall be stored and dispensed in a rodent- proof and predator-proof container.

      15.   No growth or vegetation other than sod grass is permitted within five feet (5') of any coop.

      16.   The area within five feet (5') of the perimeter of any coop shall be unobstructed, except that the rear of a coop may be attached to another structure.

      17.   A chicken may not be kept, and a coop may not be constructed, on any property that is in violation of a City ordinance or where the owner or resident is being prosecuted for a violation.

      18.   No coop, pen, cage, or similar structure shall exceed one hundred fifty (150) square feet (includes coop space and chicken run).

   G.   Any chicken that is outside of an approved coop or enclosed area may be confiscated by any agent of the City. (Ord. 2017-04, 3-28-2017)

   A.   Accessory building and structure setbacks shall be in conformance with table 38.1 of this section.

   B.   Height of the accessory building and structure shall not exceed thirty feet (30') or the height of the principal building, whichever is less and shall be in conformance with table 38.1 of this section.

   C.   Lot coverage shall be in conformance with table 38.1 of this section.

   D.   Detached garages shall be in conformance with table 38.1 of this section.

   E.   Accessory buildings and structures shall be built with a finished, all weather exterior material and shall be finished to match the exterior of the principal building.

   F.   No accessory building or structure shall be located in the required front yard area. A building or structure may be constructed or established as an accessory building, structure, or use to a permitted principal building or use, provided that it meets the following:

      1.   It is clearly incidental and customary to, and commonly associated with the operation of the principal use; and,

      2.   It is operated and maintained under the same ownership or by lessees or concessionaires thereof and on the same lot as the principal use; and,

      3.   It does not include or allow living quarters or a dwelling of any type.

   G.   Accessory buildings and structures greater than two hundred (200) square feet shall require site plan approval and a building permit. Accessory buildings and structures two hundred (200) square feet or less shall require site plan approval, but shall not require a building permit, as long as there are no utilities provided to the building.

   H.   Setback requirements shall start at no less than two feet (2') for any side and rear lot line, except on lots that are situated on a corner.

   I.   All accessory buildings and structures one hundred twenty (120) square feet or less shall not be required to meet design standards, receive site plan approval, or obtain a building permit, so long as there are no utilities provided to the building and the height of the building does not exceed twelve feet (12').

   J.   Coverage calculation is for all buildings and structures, both main and accessory, and shall not exceed percentage as shown in table 38.1 of this section.

   K.   No portion of the accessory building or structure shall extend over any property line. Stormwater runoff shall be maintained on owner's property and shall not run onto adjacent properties.

   L.   Accessory building will be required to be set back an additional foot for each foot over the height allowed at two feet (2') from the property line. Accessory building shall not exceed thirty feet (30') in height or the height of the main building, whichever is less.

      TABLE 38.1

      ACCESSORY BUILDINGS AND STRUCTURES

 

(Ord. 2017-06, 4-25-2017)