The purpose of supplementary regulations is to protect the general health, safety and welfare of the citizens and property owners of the County. Compliance with all provisions of this title shall be required for the issuance of any required development approval, license or permit. (1998 Code § 17.44.010)

   A.   Compliance Required: All uses, buildings and structures to comply with zoning district requirements. Every building or structure hereafter erected, reconstructed, structurally altered, enlarged or moved, and every building, structure, premises or land used, rearranged, designed or intended for any use, shall be built or used only as is permitted in the district in which such building, structure, land or use is located.

   B.   Subdivision And Sale Of Property: No person shall subdivide any parcel of land located wholly or in part within the County for development purposes unless a plat thereof is first created in compliance with the requirements of the County subdivision ordinance and the State, which plat shall be recorded in the Office of the County Recorder. (1998 Code § 17.44.020)

No nonconforming lot shall be sold, financed or refinanced within the time frame of the statute of limitations. Subsequent to the statute of limitations having expired, an owner of a nonconforming lot shall appeal to the Board of Adjustment for consideration prior to selling, financing or refinancing. (1998 Code § 17.44.030)

No area needed to meet the zoning minimum area requirement, parcel width, yard, area, setback, coverage, parking or other requirements of this title for a parcel or building may be sold or leased separate from such parcel or building. (1998 Code § 17.44.040)

Every lot shall have frontage upon a dedicated right-of-way or upon a road or street that is open for public travel, or shall be provided with access via a right-of-way connecting the lot to a dedicated right-of-way or to a road or street that is open for public travel. (Ord. 18-365, 6-11-2018)

The front yard shall be measured from the road right-of-way line to the front face of the building, covered porch, covered terrace, deck, porch or attached accessory building. (1998 Code § 17.44.060)

Every part of the required side or rear yard shall be open and unobstructed except for accessory buildings as permitted by this title, and the ordinary projection of windowsills, cornices and other ornamental features projecting not more than twelve inches (12"). (1998 Code § 17.44.070)

As required by this section, all applications for development approval or building permits shall be accompanied by the appropriate permits or letters of approval from the County building official, the Tri-County Health Department, the Culinary Water District, the Utah Division of Water Rights or the Utah Division of Drinking Water, prior to approval by the Zoning Administrator.

   A.   Water Requirements:

      1.   In all cases where a proposed building will require culinary water (drinking water) and the proposed building will not be connected to a public water source, approval for the new culinary water source must be obtained from the Utah Division of Water Rights (if a private well is proposed) and the Tri-County Health Department, which is the County's culinary water authority.

      2.   If culinary water is not provided from a public water system, a proposed building may be served in accordance with the Rules for Non-Public Water Systems adopted by the Tri- County Health Department Board.

   B.   Sewage Requirements:

      1.   Connection to a State approved sewer system is required if sewer lines are accessible (as determined by the Tri-County Health Department) and within three hundred feet (300') of any part of the property proposed for development. For properties proposed for residential development, an additional one hundred fifty feet (150') per lot or residential unit will be added for each lot or dwelling unit proposed in all phases of the project.

      2.   In all cases where a proposed building or proposed use will generate wastewater, and the proposed building or proposed use will not be connected to an existing sewer, approval for wastewater disposal shall be obtained from the Tri-County Health Department, which is the County's sanitary sewer authority. (Ord. 18-365, 6-11-2018)

For properties located in the unincorporated portion of the County, the keeping of livestock is permitted, providing the parcel consists of at least one acre (43,560 square feet). Adequate fences shall be required to keep animals off adjacent lands. Barns, sheds and other structures sheltering animals shall be located a minimum of three feet (3') from a side or rear property line and thirty feet (30') from a front property line or a side property line abutting a street. (1998 Code § 17.44.090; amd. Ord. 19-373, 9-7-2019)

A site plan submitted to the County for approval of a building permit:

   A.   If modified, may not be used to impose a penalty on a property owner;

   B.   Does not represent an agreement for a specific layout;

   C.   Does not bind an owner from future development activity or modifications to a development activity on the property; and

   D.   Is superseded by the terms of a building permit requirement. (Ord. 13-314, 7-8-2013)

   A.   Requirements: Residential facilities for persons with a disability shall be an outright permitted use throughout the County in all zones in which the residential uses are allowed; however, they are required to obtain permits that verify compliance with the same building, safety, and health regulations as are applicable in the same zone to similar uses that are not residential facilities for persons with a disability.

   B.   Licensing; Monitoring: The responsibility to license programs or entities that operate facilities for persons with a disability, as well as to require and monitor the provision of adequate services to persons residing in those facilities, shall rest with:

      1.   For programs or entities licensed or certified by the Department of Human Services, the Department of Human Services as provided in Utah Code Annotated title 62A, chapter 5, services to people with disabilities; and

      2.   For programs or entities licensed or certified by the Department of Health, the Department of Health under Utah Code Annotated title 26, chapter 21, Health Care Facility Licensing and Inspection Act. (Ord. 13-314, 7-8-2013)

   A.   Requirements: Labor camps, in addition to complying with the sanitation requirements of Utah Administrative Rule, shall be permitted in accordance with the following standards:

      1.   Labor camps are a permitted conditional use in the A-10, A-5, A-2.5, C, and I Zone zoning districts. Labor camps are prohibited in the R-1 and R-1/2 zoning districts.

      2.   Applicants for a labor camp shall provide the Zoning Administrator with a site development plan containing the following:

         a.   Dimensions, orientation and vicinity of the parcel.

         b.   Location, size, number and types of proposed housing units. At least one hundred (100) square feet of floor area shall be provided for each occupant.

         c.   Legal access to the camp.

         d.   Location, size, number and types of proposed dining, office, recreation or other nonresidential facilities.

         e.   Location of water, sewage and solid waste disposal facilities.

         f.   Stormwater control facilities.

         g.   Fire protection, power and medical facilities.

      3.   Culinary water, wastewater disposal and solid waste disposal facilities shall be approved in writing by the culinary water authority and the sanitary sewer authority prior to receipt of County approval.

      4.   Labor camp applicants shall provide the County with financial surety that the camp will be dismantled and the area reclaimed to natural condition. The amount of surety shall be at least one hundred twenty five percent (125%) of a contractor's estimate to restore the site to a condition approved by the property owner.

      5.   Labor camp applicants shall obtain building permits for structures and obtain a certificate of occupancy from the County building official prior to occupancy.

      6.   In the event the applicant fails to provide the services and facilities required above, the labor camp may be closed and ordered to vacate. These remedies are in addition to the remedies provided in this title for failure to comply with this section. (Ord. 10-286, 1-31-2011; amd. Ord. 24-408, 5-6-2024)

Duchesne County, pursuant to Utah law, may not grant land use approval for a retail tobacco specialty business if said business is located within:

   A.   One thousand feet (1,000') of a community location as defined herein;

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

   C.   Six hundred feet (600') from property used or zoned for:

      1.   Agricultural use; or

      2.   Residential use. (Ord. 14-331, 12-1-2014)

   A.   General Provisions:

      1.   No advertising sign or structure shall be erected which by reason of its size, location, shape, content, coloring, or manner of illumination might be confused as a traffic control or warning device.

      2.   No advertising sign shall be erected within a public right- of-way.

      3.   All advertising signs shall comply with the provisions of the National Electrical Code and International Building Code in effect at the time the sign is proposed to be erected. Signs involving electrical wiring or connections shall be erected only by a licensed and bonded contractor. Where required by the building official, signs shall be designed by a structural engineer, licensed by the State of Utah, to ensure the proposed sign structure will comply with all Construction Code requirements.

      4.   No advertising sign shall exceed a height of fifty feet (50'), measured from the abutting roadway grade.

      5.   No advertising sign shall be attached to a motor vehicle or trailer that is not actively in use for transportation purposes or not currently licensed and insured for use on public roads. Any such signage in place as of the date of this section shall be removed within a three (3) year amortization period beginning on the date this section was approved.

      6.   No advertising sign shall be placed on a motor vehicle or trailer that could impede the driver's ability to safely operate that vehicle. Advertising signs placed on a motor vehicle or trailer shall be securely affixed in a manner to prevent such signage from becoming dislodged by wind forces.

      7.   Off premises advertising sign requests shall contain the written permission of the property owner.

      8.   All advertising signs shall be maintained in good repair and shall be repaired by the sign owner within ninety (90) days of receipt of a notice to repair from the County. The building official may order or cause the immediate removal of a sign deemed to constitute a public safety hazard.

      9.   Advertising signs shall be removed after a business is closed or the product or service advertised is no longer available. Removal of said signs shall be accomplished by the sign owner within ninety (90) days of receipt of a notice to remove from the County. (Ord. 14-331, 12-1-2014)

The purpose of this section 8-9-15 is to establish minimum requirements and regulations for the placement, construction and modification of solar power plants, as defined herein, while promoting the safe, effective and efficient use of such energy systems. (Ord. 18-365, 6-11-2018)

ACCESSORY SOLAR ENERGY SYSTEMS: Include any photovoltaic, concentrated solar thermal, or solar hot water devices that are accessory to, and incorporated into the development of an authorized use of the property, and which are designed for the purpose of reducing or meeting on-site energy needs. Accessory solar energy systems are permitted outright in all zones and are not subject to these regulations.

CONCENTRATING SOLAR THERMAL DEVICES (Also Known As CONCENTRATED SOLAR THERMAL POWER (CST): Are systems that use lenses or mirrors, and often tracking systems, to focus or reflect a large area of sunlight into a small area. The concentrated energy is absorbed by a transfer fluid or gas and used as a heat source for either a conventional power plant, such as a steam power plant, or a power conversion unit, such as a sterling engine. Although several concentrating solar thermal technologies exist, the most developed types are the solar trough, parabolic dish and solar power tower.

PHOTOVOLTAICS (PV): Is a technology that converts light directly into electricity. PV solar panels have been around for several years, although concentrated photovoltaic (CPV) technologies are now being developed. Both PV systems and CPV systems are included within this definition.

SOLAR POWER PLANT: Means a utility-scale commercial facility that converts sunlight into electricity, whether by photovoltaics (PV), concentrating solar thermal devices (CST), or various experimental solar technologies, for the primary purpose of wholesale or retail sales of generated electricity. (Ord. 18-365, 6-11-2018)

All solar power plants shall comply with the following minimum regulations and design standards.

   A.   Permitted Locations: A solar power plant that complies with the provisions of this section may be permitted as described in section 8-6-1, "Table Of Uses", of this title.

   B.   Design Standards:

      1.   Minimum Lot Size: No concentrated solar thermal power plant shall be erected on any lot less than forty (40) acres in size. No photovoltaic solar power plant shall be erected on any lot less than five (5) acres in size.

      2.   Maximum Height: The maximum height for all structures shall be established through the conditional use permit process, provided a structure height of thirty feet (30') or less shall always be permitted.

      3.   Setbacks: Solar power plant structures shall be set back from all property lines and public road rights-of-way at least thirty feet (30'), or one and one-half (11/2) times the height of the structure, whichever is greater. In addition, solar power plant structures must be located at least one hundred feet (100') or one and one-half (11/2) times the height of the structure from all existing residences, whichever is greater. Additional setbacks may be required to mitigate noise and glare impacts, or to provide for designated road or utility corridors, as identified through the review process.

      4.   Safety And Access: An appropriate security/livestock fence (height and material to be established through the conditional use permit process) shall be placed around the perimeter of the solar power plant. Knox boxes and keys shall be provided at locked entrances for emergency personnel access. Appropriate warning signage, including emergency contact information, shall be placed at the entrance and along the perimeter of the solar power plant project.

      5.   Noise: No operating solar power plant shall produce noise that exceeds any of the following limitations. Adequate setbacks shall be provided to ensure compliance with these limitations.

         a.   Fifty (50) dBA, as measured at the property line of any neighboring residence;

         b.   Forty five (45) dBA, as measured at any existing neighboring residence between the hours of nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M.

         c.   Sixty (60) dBA, as measured at the property lines of the project boundary, unless the owner of the affected property and the Planning Commission agree to a higher noise level, as follows.

         d.   The owner of a neighboring property that would otherwise be protected by the noise limitations above may voluntarily agree, in writing, to a higher noise level. Any such agreement must specifically state the noise standard being modified, the extent of the modification, and be in the form of a legally binding contract or easement between the landowner (including assignees in interest) and the solar power plant developer, effective for the life of the project. Notwithstanding any such voluntary agreement between the affected landowner and the solar power plant developer, the agreement shall only be effective and reflected in the County's authorization of the project when it has been reviewed and determined acceptable to the County. The County shall consider the likely impacts and consequences of the modified noise limit requested, based on the specific circumstances of the situation, in determining whether to accept the agreement. Any such noise agreement must be submitted with the conditional use permit application and if authorized by the County, must be filed with the County Recorder upon issuance of the conditional use permit.

      6.   Visual Appearance:

         a.   Solar power plant buildings and accessory structures shall, to the extent reasonably possible, use materials, colors, and textures that will blend the facility into the existing environment.

         b.   Appropriate landscaping and/or screening materials may be required to help screen the solar power plant and accessory structures from major roads and neighboring residences.

         c.   No solar power plant tower or other tall structure associated with a solar power plant shall be lighted unless required by the Federal Aviation Administration (FAA). When lighting is required by FAA, it shall be the red, intermittent, glowing-style, rather than the white, strobe- style, unless disclosed and justified through the application review process. Aircraft sensor systems to turn the lights on only when low-flying aircraft are in the area may be required.

         d.   Lighting of the solar power plant and accessory structures shall be limited to the minimum necessary and full cut-off lighting (e.g., dark sky compliant) may be required when determined necessary to mitigate visual impacts.

         e.   No solar power plant shall produce glare that would constitute a nuisance to occupants of neighboring properties or persons traveling neighboring roads.

      7.   Electrical Interconnections: All electrical interconnection and distribution lines within the project boundary shall be underground, unless determined otherwise by the Planning Commission because of severe environmental constraints (e.g., wetlands, cliffs, hard bedrock). An exception to this standard may be granted by the Planning Commission for power lines that leave the project or are within the substation. All electrical interconnections and distribution components must comply with all applicable codes and public utility requirements.

      8.   Fire Protection: All solar power plants shall have a defensible space for fire protection in accordance with the Duchesne County Wildland-Urban Interface Code.

   C.   Local, State And Federal Permits: A solar power plant shall be required to obtain all necessary permits from the Utah Department of Environmental Quality (including the Utah Division of Air Quality and the Utah Division of Water Quality), the Utah Department of Energy and applicable County and Federal permits.

   D.   Agreements/Easements: If the land on which the project is proposed is to be leased, rather than owned by the solar energy development company, all property within the project boundary must be included in a recorded easement(s), lease(s), or consent agreement(s) specifying the applicable uses for the duration of the project. All necessary leases, easements, or other agreements between the solar development company and the affected parties must be in place prior to commencing construction, unless specified otherwise in the conditional use permit.

   E.   Permit Applications:

      1.   An application for a conditional use permit to establish a solar power plant shall include a complete description of the project and documentation to sufficiently demonstrate that the requirements set forth in this section 8-9-15 will be met. The Land Use Authority may require any information or supporting documentation reasonably necessary to determine compliance with this section.

      2.   It is preferred that any related plans for substations or transmission lines be considered in conjunction with the conditional use permit application for the solar power plant; however, if the details of those improvements are not available at the time of application for the solar power plant, they shall be considered later and the conditional use permit hearing re-opened. At a minimum, the intended route for connecting to the power grid and the alternative locations of any substation shall be disclosed with the application for the solar power plant.

      3.   Due to the complexity of large-scale solar power plant projects, the County may require a development agreement or other appropriate instrument to address taxing, land use, property assessment, and other issues related to the project. For example, the County is interested in preventing large tax shifts that may otherwise be incurred by County residents each year a centrally-assessed solar power plant is depreciated; therefore, cooperation to establish an agreement for payment in lieu of taxes (PILT), or other acceptable solution, may be necessary. A development agreement may be required as a condition of the permit, and must be approved by the County Commissioners prior to commencing construction.

   F.   Provisions For Conditional Use Permit Review: Following the provisions of chapter 13 of this title, additional or more thorough consideration shall be given to the following as the County determines whether the project should be approved, denied, or conditionally approved:

      1.   Project Rationale: Project rationale, including estimated construction schedule, project life, phasing, and likely buyers or markets for the generated energy.

      2.   Siting Considerations: Siting considerations, such as avoiding areas/locations with a high potential for biological conflict such as wilderness study areas, areas of environmental concern, County and State parks, historic trails, special management areas or important wildlife habitat or corridors; avoiding visual corridors that are prominent scenic viewsheds, or scenic areas designated by the County; avoiding areas of erodible slopes and soils, where concerns for water quality, landslide, severe erosion, or high storm runoff potential have been identified; and, avoiding known sensitive historical, cultural or archeological resources.

      3.   Site Development Plans: The applicant shall submit a site development plan, which identifies all existing and proposed structures; setbacks; access routes; proposed road improvements; any existing inhabitable structures and residentially zoned lots within one-quarter (1/4) mile of a photovoltaic solar project or one-half (1/2) mile of a concentrated solar project; existing utilities, pipelines, and transmission lines; proposed utility lines; utility and maintenance structures; existing topographic contours; existing and proposed drainage ways; proposed grading; areas of natural vegetation removal; revegetation areas and methods; dust and erosion control; any floodplains or wetlands; and other relevant items identified by the County staff or Planning Commission. All plans shall be drawn at an appropriate scale.

      4.   Analysis Of Local Economic Benefits: Analysis of local economic benefits, describing estimated: project cost, generated taxes, percent of construction dollars to be spent locally, and the number of local construction and permanent jobs.

      5.   Visual Impacts, Appearance, And Scenic Viewsheds: Potential visual impacts may be caused by components of the project such as mirrors, solar towers, cooling towers, steam plumes, above ground electrical lines, accessory structures, access roads, utility trenches and installations, and alteration of vegetation. Those projects that are within a sensitive viewshed, utilize reflective components (e.g., exposed mirrors), or that propose structures taller than thirty feet (30') must provide a viewshed analysis of the project, including visual simulations of the planned structures and analysis of potential glare impacts. The number of visual simulations shall be sufficient to provide adequate analysis of the visual impacts of the proposal, which shall be from no less than four (4) vantage points that together provide a view from all sides of the project. More visually sensitive proposals (e.g., solar power towers or exposed mirrors in sensitive viewsheds) may require analysis from significantly more vantage points, such as different distances and sensitive locations. The Planning Commission may also require a Zone of Theoretical Visibility/Zone of Visual Impact (ZVI) Analysis, which is a three hundred sixty degree (360°) computer analysis to map the lands within a defined radius of a location that would likely be able to see an object. Significant visual impacts that cannot be adequately mitigated are grounds for denial.

      6.   Wildlife Habitat Areas And Migration Patterns: Specifically include information on any use of the site by endangered or threatened species and whether the project is in a biologically significant area. If threatened or endangered species exist in the area, consultation with the United States Fish and Wildlife Service (USFWS) will be necessary.

      7.   Environmental Analysis: In the absence of a required State or Federal agency environmental review for the project (e.g., NEPA), the Planning Commission may require an analysis of impacts to historic, cultural and archaeological resources, soil erosion (water and wind), flora, and water quality and water supply in the area, when there is reason to believe that adverse impacts to such resources may occur.

      8.   Solid Waste Or Hazardous Waste: As applicable, the application must include plans for the spill prevention, clean-up, and disposal of fuels, oils, and hazardous wastes, as well as collection methods for solid waste generated by the project.

      9.   Height Restrictions And FAA Hazard Review: Compliance with any applicable airport overlay zoning requirements and the ability to comply with FAA regulations pertaining to hazards to air navigation must be demonstrated.

      10.   Transportation Plan For Construction And Operation Phases: Indicate by description and map what roads the project will utilize during the construction and operation/maintenance phases of the project, along with their existing surfacing and condition. Specify any new roads and proposed upgrades or improvements needed to the existing road system to serve the project (both the construction and O&M periods). Identify needed bridges, culverts, livestock fence crossings (gates and cattle guards). Also identify all areas where modification of the topography is anticipated (cutting/filling) to construct or improve the roadways. Address road improvement, restoration or maintenance needs associated with the construction, ongoing maintenance/repair and potential dismantling of the project. Provide projected traffic counts for the construction period, broken down by the general type/size of vehicles, and identify approximately how many trips will have oversized or overweight loads. If significant impacts to the transportation system are anticipated, the County may require financial guarantees to ensure proper repair/restoration of roadways or other infrastructure damaged or degraded during construction or dismantling of the project. In such case, the "before" conditions of the roadways and other infrastructure must be documented through appropriate methods such as videos, photos, and written records, to provide a proper reference for restoration.

      11.   Public Safety: Identify and address any known or suspected potential hazards to adjacent properties, public roadways, communities, aviation, etc., that may be created by the project.

      12.   Noise Limitations: Submit sufficient information regarding noise, so as to demonstrate compliance with subsection B5 of this section.

      13.   Decommissioning Plan: Describe the decommissioning and final land reclamation plan to be followed after the anticipated useful life, or abandonment, or termination of the project, including evidence of proposed financial commitments (such as bonding or letters of credit) with affected parties (County, any lessor or property owner, etc.) that ensure proper final reclamation of the solar energy project. Among other things, revegetation and road repair activities shall be addressed in the plan.

      14.   Other: Other probable and significant impacts, as identified through the review process. (Ord. 18-365, 6-11-2018)

The purpose of this section 8-9-16 is to establish minimum requirements and regulations for the placement, construction and modification of small wind energy systems, commercial wind energy systems, and wind metering towers and equipment, as defined herein, while promoting the safe, effective and efficient use of such systems. (Ord. 18-365, 6-11-2018)

SHADOW FLICKER: Means alternating changes in light intensity caused by the moving blade of a wind energy system casting shadows on an object, such as a window.

TOTAL EXTENDED HEIGHT: Means the distance measured from ground level to the tip of the blade, extended at its highest point of travel.

TOWER: Means the supporting structure on which the turbine is mounted.

TURBINE: Means that portion of the wind system that is used to capture the energy of the wind and transform it into electrical or mechanical energy. The turbine includes a rotor (blades) and nacelle (generator), and on many wind systems, a tail.

WIND ENERGY SYSTEM, COMMERCIAL: Means a wind energy conversion system consisting of one or more wind turbine(s) and tower(s), with associated control or conversion electronics, which will be used for on-site and/or off-site consumption of power with a rated capacity in excess of one hundred kilowatts (100 kW).

WIND ENERGY SYSTEM, SMALL: Means a wind energy conversion system consisting of a wind turbine, a tower or other support structure, and associated control or conversion electronics with a rated capacity appropriate to the on-site electric usage of the end-use and which will be used primarily to reduce on-site consumption of utility power. A small wind energy system may have a rated capacity of up to one hundred kilowatts (100 kW).

WIND MONITORING TOWER AND EQUIPMENT-METEOROLOGICAL (MET) TOWER: Means a tower that houses or supports wind measuring equipment, such as an anemometer, for the purpose of measuring and monitoring wind velocity, duration, intensity, regularity, air temperature and pressure, etc. Met towers are typically permitted only on a temporary basis (2 to 5 years) to help determine the viability of a wind energy system project; although more permanent met towers may also be considered.

WIND TURBINE, HORIZONTAL-AXIS (HAWT): Means a wind turbine designed to have the axis of rotation aligned with the direction of the wind, such as with the common propeller-type models.

WIND TURBINE, VERTICAL-AXIS (VAWT): Means a wind turbine designed to have the axis of rotation perpendicular to the wind direction. (Ord. 18-365, 6-11-2018)

   A.   Permitted Locations And Number: A small wind energy system that complies with the provisions of this section is permitted as described below:

      1.   Only one small wind energy system may be authorized per lot, with the following exceptions:

         a.   Multiple small wind energy systems may be authorized as permitted uses on lots that are zoned A-10, A-5, Commercial, or Industrial.

         b.   In the A-2.5, and R-1 Zones, up to two (2) small wind energy systems may be authorized as permitted uses when the small wind energy systems are vertical-axis wind turbines and do not exceed forty five feet (45') in height.

         c.   Schools, churches, public service entities, and similar public and non-profit entities located on lots larger than five (5) acres in size may request additional wind turbines through the conditional use permit review process.

      2.   Multiple small wind energy systems may require greater noise setbacks than single systems, as addressed in subsection C5 of this section.

   B.   Minimum Lot Size: A horizontal-axis or vertical-axis small wind energy system may be erected on any lot that meets the minimum lot size requirement for the zone and is capable of meeting the setback and lot size requirements of this section (see subsection A1 of this section).

   C.   Design Standards:

      1.   Pole Or Tower Design: The design of the small wind energy system may include a monopole/freestanding design, or a guy- wired tower, whether mounted on the ground or on a building.

      2.   Total Extended Height: The total extended height of the small wind energy system shall not exceed eighty feet (80') if located on a lot zoned A-2.5, R-1 or R-1/2; or one hundred twenty five feet (125') if located on a lot that is zoned A-10, A-5, Commercial or Industrial.

      3.   Safety:

         a.   The minimum height of the lowest extent of a turbine blade/rotor shall be fifteen feet (15') above the ground, if on a horizontal axis turbine. There is no minimum rotor height for a vertical-axis turbine, provided the blades/rotor must be located or isolated (e.g., fenced) such that they are not easily accessible to anyone but maintenance personnel.

         b.   No tower shall have an external climbing apparatus within twelve feet (12') of the ground. All access doors or access ways to towers and electrical equipment shall be locked when not in use.

         c.   Appropriate warning signage/marking is to be placed on towers, guy wires, and electrical equipment.

         d.   All small wind energy systems must have a manufacturers' maximum RPM (revolutions per minute) rating of less than five hundred (500).

         e.   Sufficient clearance to lower and raise the tower and turbine is to be provided and maintained.

      4.   Setbacks: In determining the required separation of a small wind energy system from the uses listed, all applicable setbacks are to be followed. Where multiple setbacks are applicable, the most restrictive applies.

         a.   Property Lines: Small wind energy systems must be set back from property lines a distance of at least one hundred ten percent (110%) of the system's total extended height.

         b.   Safety Areas: For safety purposes, a small wind energy system shall be set back from the nearest property line, public road rights-of-way, tanks containing combustible/flammable liquids, and above-ground communication or electrical lines not less than one hundred twenty five percent (125%) of its total extended height if located on a freestanding tower or pole, or if mounted on a building, the distance of the likely fall zone as determined by an engineer.

      5.   Noise Limitations: To reduce noise impacts to neighboring residential properties, no small wind energy system or combination of small wind energy systems shall produce noise that exceeds fifty (50) dB, as measured at the property line of any neighboring lot not owned by the small wind energy system owner/developer.

      6.   Visual Standards:

         a.   Small wind energy systems are to be finished and maintained as required by the manufacturer.

         b.   No small wind energy system shall be lighted unless required by the Federal Aviation Administration (FAA). When lighting is required by the FAA, it shall be the red, intermittent, glowing style, rather than the white, strobe style, unless disclosed and justified through the application review process.

         c.   No advertising signs of any kind shall be permitted on a small wind energy system.

         d.   The design of any accessory buildings or related structures shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.

         e.   The property owner shall reasonably attempt to site the system at a location that minimizes the potential for shadow flicker impacts to neighboring residences.

      7.   Electrical Interconnections: All electrical interconnection or distribution lines shall be underground and comply with all applicable codes and public utility requirements.

      8.   Signal Interference: Efforts shall be made to site small wind energy systems to reduce the likelihood of blocking or reflecting television and other communication signals. If signal interference occurs, both the small wind energy system owner and individual receiving interference shall make reasonable efforts to resolve the problem. No small wind energy system shall cause permanent and material interference with television or other communication signals.

      9.   Over-Speed Controls: Every small wind energy system is to be equipped with an automatic over-speed control, braking system, or feathering system.

      10.   Fire Protection: All small wind energy systems are to be provided with a defensible space for fire protection, in accordance with the Wildland-Urban Interface Code.

   D.   Permit Applications: A building permit is required for a small wind energy system. The application is to include the following information.

      1.   Site Plan: A site plan, drawn to scale, showing the location of the proposed small wind energy system; the locations of all existing buildings and structures and their setbacks to the property lines; the location of any septic system, well, utility line or easement, access easement, or any tank containing flammable materials on the property; the area required for raising and lowering the tower; the defensible space area required by the Wildland-Urban Interface Code; and the applicable setbacks for the small wind energy system.

      2.   Noise Compliance Documentation: Provide the information necessary to demonstrate that the applicable noise requirements of subsection C5 of this section will be met.

      3.   Standard Drawings For Building Permit: Submittal of engineered plans and calculations generally provided by the system manufacturer shall be required to obtain a building permit for a small wind energy system. Plans and calculations shall be stamped, dated and signed in accordance with Utah State Codes, ordinances, and laws governing such actions, by the system manufacturer or an engineer licensed and in good standing with the State of Utah. Plans and calculations must verify that the structure is designed and capable of withstanding the conditions of the site, including, but not limited to, wind load, snow load, seismic conditions, and soil conditions, as required by the County building official. Soils testing by a qualified soils or geotechnical engineer who is licensed by, and in good standing with, the State of Utah may be required.

      4.   Manufacturer Information: Specific information on the type, model, size, rotor material, rated power output, rated rotor speed, over-speed safety features, and survival wind speed, as well as the name and address of the manufacturer is to be provided. These items are typically included in a specification sheet available from the manufacturer.

      5.   Electrical Information: A line drawing of the electrical components of the system in sufficient detail to establish that the installation conforms to the applicable Electrical Code.

      6.   Net Metering Agreement: If the system will be connected to the electricity grid, the applicant must provide documentation with the building permit that notification has been provided to the Moon Lake Electric Cooperative. Where appropriate, a fully-executed net metering permit/agreement must be provided to the building official prior to operation of a system that will be connected to the grid. (Ord. 18-365, 6-11-2018)

The following standards shall apply to all commercial wind energy systems:

   A.   Permissible Locations: A commercial wind energy system may be permitted as described in section 8-6-1, "Table Of Uses", of this title. Notice of a conditional use permit application for a commercial wind energy system, shall include notice through U.S. mail of the date, time and place of the public hearing to owners of all properties within one-quarter (1/4) mile of any proposed wind turbine location, based on the County tax roll records. The notice shall be mailed by the County at least fourteen (14) days prior to the hearing.

   B.   Design Standards: A commercial wind energy system shall comply with the design standards set forth below.

      1.   Pole Or Tower Design.:The design of the commercial wind energy system shall be of monopole or freestanding design with no guy-wired towers. No open-lattice style towers are permitted, unless they are entirely clad with a suitable cover, such as an architectural fabric, and engineered to consider the additional forces related to the covering.

      2.   Minimum Blade Height: The minimum height of the lowest extent of a turbine blade shall be thirty feet (30') above the ground and fifteen feet (15') above any structure or obstacle within the fall zone of the tower.

      3.   Safety/Access:

         a.   No tower shall have an exterior climbing apparatus within twelve feet (12') of the ground without preventable access measures. All access doors or access ways to towers and electrical equipment shall be locked.

         b.   Appropriate warning signage shall be placed on towers, electrical equipment and wind energy system entrances as set forth by industry standards.

      4.   Setbacks: In determining the required separation of a commercial wind energy system from the uses listed, all applicable setbacks are to be followed. Where multiple setbacks are applicable, the most restrictive applies.

         a.   Project Boundary Lines:

            (1)   A commercial wind energy system tower shall be set back from all project boundaries as set forth by noise and fall zone restrictions with a minimum setback distance of one hundred twenty five percent (125%) of its total extended height.

            (2)   A commercial wind energy system tower shall be set back from all existing State highways, County Class B and D roads, tanks containing combustible/flammable liquids, and above- ground communication or electrical lines, not less than a distance of one hundred ten percent (110%) of its total extended height. The County Planning Commission is hereby authorized to grant exceptions to the setback requirement for a particular tower or tower(s) during the conditional use permit review process when unique circumstances exist that warrant special consideration.

         b.   Other Uses: No commercial wind energy system shall be located within the decibel limitations of subsection B5 of this section, within any potential shadow flicker prohibition area per subsection B7 of this section, or within one hundred twenty five percent (125%) of its total extended height of a park, church, hospital, school, playground, or residentially zoned lot not owned or leased by the wind energy developer/owner.

         c.   Spacing: Commercial wind energy system towers shall be spaced on center no closer than one hundred ten percent (110%) of their individual total extended height.

      5.   Noise: All commercial wind energy turbines/towers shall be located at the proper distance from the project boundary in so much that the dBA rating shall not exceed fifty (50) dB at those boundaries. A noise study will be required, and shall be reviewed by an independent qualified party, with the associated costs borne by the developer/owner. Failure to operate within the noise limits specified constitutes a violation of this section.

      6.   Setback And Noise Waivers: Voluntary waivers or reductions of the setback and noise limits established by subsections B4 and B5 of this section may be accepted from those neighboring property owners that otherwise would be within a setback required by either of these sections. A voluntary waiver agreement must specifically state the County setback and/or noise standard being waived or reduced, the extent of the waiver, and be in the form of a legally binding contract or easement between the landowner (including assignees in interest) and the wind energy developer, effective for the life of the project. Notwithstanding any such voluntary agreement between the landowner and the wind energy developer, the agreement shall only be effective and reflected in the County's authorization of the project when it has been reviewed and determined acceptable to the County. Any voluntary waiver or reduction agreement must be submitted with the conditional use permit application and if authorized by the County, must be filed with the County Recorder upon issuance of the conditional use permit.

      7.   Visual Appearance:

         a.   Commercial wind energy systems shall be finished and maintained in color and material as manufactured.

         b.   No commercial wind energy system shall be lighted unless required by the Federal Aviation Administration (FAA). When lighting is required by the FAA, it shall be the red, intermittent, glowing-style, rather than the white, strobe- style, unless disclosed and justified through the application review process.

         c.   No advertising signs of any kind or nature shall be permitted on any commercial wind energy system.

         d.   Accessory buildings or related structures shall, to the extent reasonably possible, use materials, colors, and textures that will appropriately blend the facility into the existing environment, giving consideration to the use and design life of the building or structure.

         e.   A shadow flicker analysis is required with the application for any commercial wind energy system. The project must be located such that it will not result in any significant amount of shadow flicker on a County Class B road, or on any inhabitable structures or residentially zoned lots not owned or leased by the wind project developer/lessor, unless an easement to do so is obtained from the affected property owner and presented with the application.

         f.   Appropriate landscaping or screening materials may be required to help screen accessory structures from major roads and adjacent residences. Lighting of accessory structures and substations shall be limited to the minimum necessary and full cut-off lighting (e.g., dark sky compliant) may be required for accessory structures when determined necessary to mitigate visual impacts.

         g.   The applicant must provide a view shed analysis of the project, including visual simulations of the wind energy systems and any significant planned structures or improvements, such as new roads or substations. The number of visual simulations shall be sufficient to provide adequate analysis of the visual impacts of the proposal. More visually sensitive proposals may require analysis from significantly more vantage points, such as different distances and sensitive locations.

      8.   Electrical Interconnections: All electrical interconnection and distribution lines within the project boundary shall be underground, unless determined otherwise by the Planning Commission because of severe environmental constraints (e.g., wetlands, cliffs, hard bedrock), and except for power lines within a substation. All electrical interconnections and distribution components must comply with all applicable codes and public utility requirements. Transmission lines (331/2 kV lines and above) coming to or leaving the project may be overhead.

      9.   Signal Interference: Efforts shall be made to site commercial wind energy systems to reduce the likelihood of blocking or reflecting television and other communication signals. If signal interference occurs, both the commercial wind energy system owner and individual or entity receiving interference shall make reasonable efforts to resolve the problem. No commercial wind energy system shall cause permanent and material interference with television, cellular, or other communication signals.

      10.   Fire Protection: All wind energy systems shall have a defensible space for fire protection in accordance with the Duchesne County Wildland-Urban Interface Code.

   C.   Permit Applications:

      1.   An application for a conditional use permit to establish a commercial wind energy system shall include a complete description of the project and documentation to sufficiently demonstrate that the requirements set forth in subsection B of this section will be met. Supporting documentation for addressing the review criteria of subsection D of this section and the review criteria in chapter 13 of this title for conditional use permits is also to be provided. The Land Use Authority may require any information reasonably necessary to determine compliance with this section.

      2.   It is preferred that any related conditional use permit applications for substations or transmission lines be considered in conjunction with the conditional use permit application for the commercial wind energy system; however, if the details of those improvements are not available at the time of application for the commercial wind energy system, they may be considered later, through subsequent conditional use permit review. At a minimum, the intended route for connecting to the power grid and the alternative locations of any substation shall be disclosed with the application for the commercial wind energy system.

      3.   Due to the complexity of large-scale commercial wind energy projects, the County may require a development agreement or other appropriate instrument to address taxing, land use, property assessment, and other issues related to the project. For example, the County is interested in preventing large tax shifts that may otherwise be incurred by County residents each year the centrally assessed wind energy project is depreciated; therefore, cooperation to establish an agreement for payment in lieu of taxes (PILT), or other acceptable solutions may be necessary. A development agreement or substitute agreement may be required as a condition of the permit, and must be approved by the Board of County Commissioners prior to commencing construction.

   D.   Conditional Use Permit: Following the provisions of chapter 13 of this title, additional or more thorough consideration shall be given to the following as the County determines whether the project should be approved, denied, or conditionally approved:

      1.   Project Rationale: Project rationale, including estimated construction schedule, project life, phasing, and likely buyers or markets for the generated energy.

      2.   Siting Considerations: Siting considerations, such as avoiding areas/locations with a high potential for biological conflict such as wilderness study areas, areas of critical environmental concern, County and State parks, historic trails, special management areas or important wildlife habitat; avoiding visual corridors that are essential view sheds or scenic areas designated by the County after analyzing the applicant's wind energy system proposal and considering public hearing comments; avoiding areas of erodible slopes and soils, where concerns for water quality, landslide, severe erosion, or high stormwater runoff potential have been identified; and, avoiding known sensitive historical, cultural or archeological resources.

      3.   Site Plans: Site plans, which locate and describe the project boundaries, all existing and proposed structures, setbacks, access routes, proposed road improvements, existing inhabitable structures and residentially zoned lots within one mile of the project, existing utilities/pipelines/transmission lines, proposed utility lines/structures, existing topography, existing and proposed drainage ways, proposed grading, natural vegetation removal, re-vegetation actions, dust and erosion control, any floodplains or wetlands, and other relevant items identified by County staff or Planning Commission. All plans shall be drawn at an appropriate scale.

      4.   Analysis Of Local Economic Benefits: Analysis of local economic benefits, describing estimated: project cost, generated Property Taxes and local Sales Taxes, percent of construction dollars to be spent locally, and the number of local construction and permanent jobs.

      5.   Visual Impacts, Appearance And Scenic View Sheds: Potential visual impacts include, but are not limited to, wind towers, rotors, above-ground electrical lines, accessory structures, access roads, utility trenches and installations, and alteration of vegetation. The applicant must provide a view shed analysis of the project, including visual simulations of the wind energy systems and any significant planned structures or improvements, such as new roads on a hillside or substations. The number of visual simulations shall be sufficient to provide adequate analysis of the visual impacts of the proposal. More visually sensitive proposals may require analysis from significantly more vantage points, such as different distances and sensitive locations.

      6.   Wildlife Habitat Areas And Migration Patterns, Including Avian And Bat Data For The Project Area: Specifically include information on any use of the site by endangered or threatened species and whether the project is in a biologically significant area. If threatened or endangered species exist, consultation with USDFW will be necessary. A plan for ongoing monitoring after the project is operational for bird, bat, or other wildlife impacts may be required.

      7.   Environmental Analysis: In the absence of a required State or Federal agency environmental review for the project (e.g., NEPA), the Planning Commission may request an impact analysis on historic, cultural and archaeological resources; soil erosion; and flora in the area of the project. The Land Use Authority is to consider any impacts to such resources when determining whether to approve, condition or deny a project.

      8.   Solid Waste Or Hazardous Waste: The application must include plans for the spill-prevention, clean-up, and disposal of fuels, oils, and hazardous wastes, as well as collection methods for solid waste disposal. Verification that all construction waste generated from the project has been removed from the area will be required before a certificate of occupancy may be issued.

      9.   Height Restrictions And FAA Hazard Review: Compliance with any applicable airport overlay zoning requirements and the ability to comply with FAA regulations pertaining to hazards to air navigation must be demonstrated.

      10.   Transportation Plan, For Construction And Operation Phases: Indicate by description and map what roads the project will utilize during the construction and operation/maintenance phases of the project, along with their existing surfacing and condition. Specify any new roads and proposed upgrades or improvements needed to the existing road system to serve the project (both the construction and O&M periods) while identifying needed bridges, culverts, livestock fence crossings (including gates and cattle guards). Also identify all areas where modification of the topography is anticipated (cutting/filling) to construct or improve the roadways. Address road restoration or maintenance needs associated with the construction, ongoing maintenance/repair, and potential dismantling of the project. Provide projected traffic counts for the construction period, broken down by the general type/size of vehicles, and identify approximately how many trips will have oversized or overweight loads. The County may require financial guarantees to ensure proper repair/restoration of roadways or other infrastructure damaged or degraded during construction or dismantling of the project. To provide a proper reference for restoration, the "before" conditions of the roadways and other infrastructure must be documented through appropriate methods such as videos, photos, and written records.

      11.   Public Safety: Identify and address any known or suspected potential hazards to adjacent properties, public roadways, communities, aviation, radar systems, etc., that may be created by the project.

      12.   Noise Limitations: Submit sufficient information regarding noise, so as to demonstrate compliance with subsection B5 of this section.

      13.   Shadow Flicker: Identify the potential of any shadow flicker effects from the project and provide sufficient documentation to demonstrate compliance with subsection B7e of this section.

      14.   Telecommunications Interference: Demonstrate that the potential for adverse electromagnetic fields and communications interference generated by the project has been evaluated and determined unlikely. Conduct a licensed microwave search and worst case fresnel zone (WCFZ) analysis, including consultations with the National Telecommunications Information Administration (NTIA), Interdepartmental Radio Advisory Committee (IRAC) and the National Weather Service.

      15.   Agreement/Easement For Life Of The Project And Final Reclamation: All property within the project boundary must be included in a recorded easement(s), lease(s), or consent agreement(s) specifying the applicable uses for the duration of the project. Said agreement or easement shall also describe the decommissioning and final land reclamation plan to be followed after the anticipated useful life, or abandonment, or termination of the project, including evidence of an agreement or other financial commitment (such as bonding or a letter of credit) with affected parties (County, any lessor or property owner, etc.) that ensures proper final reclamation of the wind energy project, as well as repairing any road impacts associated with the work. All required leases, easements, bonds, or other agreements between the wind development company and the affected parties must be in place prior to commencing construction, unless specified otherwise by the conditional use permit.

      16.   Other: Other probable and significant impacts, as identified through the review process. (Ord. 18-365, 6-11-2018)

   A.   Permissible Locations: A wind monitoring tower may be located as described in section 8-6-1, "Table Of Uses", of this title; provided, a wind monitoring tower may be permitted in the A-2.5, and R-1 Zoning Districts only when it is for the purpose of investigating the feasibility of a small wind energy system, and when the monitoring tower complies with the height and setback requirements for small wind energy systems, as identified in subsection 8-9-16-3C2 and C4 of this chapter. On lands being considered for a commercial wind energy system, a wind monitoring tower located on property zoned A-10, A-5, Commercial or Industrial, for three (3) years or less, is deemed a permitted use, subject to compliance with subsections B1 through B6 of this section, provided that no road improvements are necessary, the tower is three hundred twenty eight feet (328') or less in height and FAA compliance is demonstrated. If road improvements are necessary, or the tower exceeds three hundred twenty eight feet (328') in height, or more than three (3) years of monitoring is desired, a conditional use permit is required.

   B.   Permit Application: A wind monitoring tower and associated equipment may be permitted subject to the following:

      1.   Owner Consent: Evidence that the applicant is the owner of the property, or has written permission of the owner(s) to make such application.

      2.   Use Duration: Typically permitted for a maximum of two (2) to five (5) years, as specified in the permit, and as determined by evidence given at the time of application regarding known wind source data.

      3.   Height: The allowable height of a monitoring tower not otherwise limited by subsection A of this section will be established through the conditional use permit review.

      4.   Setbacks: The setbacks for a met tower from the exterior property lines of the project, from State highways or public road rights-of-way, from above-ground communication or electrical lines, and from tanks containing combustible/flammable liquids shall be at least 1.1 times its total height.

      5.   Tower Security: Any climbing apparatus must be located at least twelve feet (12') above the ground and the tower must be designed to prevent climbing within the first twelve feet (12'); or, the tower must be protected by an eight foot (8') tall security fence. The tower is recommended to be enclosed with an appropriate fence when there is OHV or livestock use in the area.

      6.   Other: As determined by County staff and/or Planning Commission, other significant health, safety and general welfare issues may need to be addressed. (Ord. 18-365, 6-11-2018)

   A.   Any wind energy system that has been permitted by this section 8-9-16 which is not used for two (2) consecutive years, excluding up to six (6) months for repairs, shall be removed within six (6) months of the issuance of a "non-use" order. A "non-use" order is a formal written notification issued by Duchesne County recognizing said facilities have not been used for two (2) consecutive years. Failure to remove the system as ordered shall be deemed a violation of this section 8-9-16.

   B.   Any small wind energy system or commercial wind energy system which is nonconforming with this section 8-9-16 and which is not operable for one year shall be removed within the following six (6) months. Failure to remove the system as ordered by the County shall be deemed a violation of this section 8-9-16. (Ord. 18-365, 6-11-2018)

The requirements of this section 8-9-16 shall apply to all small wind energy systems, commercial wind energy systems and wind monitoring towers and equipment proposed after the effective date of this section 8-9-16. Wind energy systems for which a required permit has been properly issued prior to the effective date of this section 8-9-16 shall not be required to meet the requirements of this section 8-9-16; provided, however, that any such system shall be installed and functioning within twenty four (24) months of the date of the permit. Any system that has been installed but not used for two (2) consecutive years may not be subsequently used without meeting the requirements of this section 8-9-16. No pre- existing system shall be altered in any manner that would increase the degree of nonconformity with the requirements of this section 8-9-16 and no alterations shall be made to a nonconforming pre-existing system during its life which exceeds fifty percent (50%) of its fair market value. If such system is destroyed or damaged to the extent of more than fifty percent (50%) of its fair market value at the time of destruction or damage, it shall not be reconstructed except in conformity with this section 8-9-16. (Ord. 18-365, 6-11-2018)

   A.    A person may not operate a cannabis production establishment in the county without a license issued by the assigned State of Utah agency.

   B.    A person may not operate a cannabis production establishment in the county that is within less than one thousand feet (1,000') of a community location or within six hundred feet (600') of an area zoned primarily for residential use, as measured from the nearest entrance to the cannabis production establishment by following the shortest route of ordinary pedestrian travel to the property boundary of the community location or area zoned primarily for residential use, unless the county commissioners recommend in writing that the state waive the community location proximity limit.

   C.    The county may not deny or revoke a land use permit or business license to operate a cannabis production establishment on the sole basis that the applicant or cannabis production establishment violates federal law regarding the legal status of cannabis.

   D.   A person may not locate a medical cannabis pharmacy in or within six hundred feet (600') of an area zoned primarily for residential use. (Ord. 19-373, 9-7-2019)

   A.   New Large Concentrated Animal Feeding Operations are permitted as a Conditional Use only within the Large Concentrated Animal Feeding Operations Overlay Zone. New Large Concentrated Animal Feeding Operations are not permitted on A-10 and A-5 zoned lands located outside of the overlay zone boundaries.

   B.   Applications for Conditional Use Permits to operate new Large Concentrated Animal Feeding Operations within the Large Concentrated Animal Feeding Operations Overlay Zone shall be processed in accordance with Chapter 13 of this title. Applicants shall comply not only with the Conditional Use Permit criteria; but also, with any state and federal requirements enacted to protect surface water, groundwater or other resources. New Large Concentrated Animal Feeding Operations shall develop a Comprehensive Nutrient Management Plan (approved by Duchesne County, the Natural Resource Conservation Service (NRCS) and the Utah Department of Agriculture and Food (UDAF).

   C.   Notwithstanding the provisions of Section 8-4-12, an existing Large Concentrated Animal Feeding Operation located outside of the overlay zone boundary shall be allowed to expand (in acreage covered and in animal numbers).

   D.   Notwithstanding the provisions of Section 8-9-18 (A & B), the expansion (in acreage covered and in animal numbers) of an Animal Feeding Operation existing as of the date of this Section to a Large Concentrated Animal Feeding Operation shall be allowed in A-5 and A-10 zones, outside of the Large Concentrated Animal Feeding Operations Overlay Zone, provided that:

      1.   A Comprehensive Nutrient Management Plan has been approved;

      2.   All state and federal regulations have been met.

   E.   A change in ownership or operator of a Large Concentrated Animal Feeding Operation shall not affect the land use status of the Operation, provided that the new owner or operator continues to comply with all state and federal agency operational requirements. (Ord. 22-392, 1-31-2022)

   A.   All flare gas power generation shall comply with the noise standards of Duchesne County Nuisance Ordinance, subsection 3-1-4-G. To ensure compliance with these standards:

      1.   The operator of the proposed Flare Gas Power Generation Facility shall conduct a noise study to determine preexisting ambient noise levels in the area. Noise level recorders shall be placed at multiple locations, at a clistance of 1,320 feet from the edge of the proposed facility, where property owners have provided access for the study. Ambient noise levels shall be recorded for a period of at least seventy-two (72) hours, to include at least one weekday and at least one weekend day. The data collected during the noise study shall be provided with the conditional use permit application.

      2.   Noise emitted from the Flare Gas Power Generation Facility shall not:

         a.   Cause a material increase in the ambient noise level of more than thirty five (35) decibels above the ambient noise level as determined in subsection A1 or

         b.   Together with the ambient levels exceed a maximum noise level of sixty (60) decibels.

      3.   In the event a substantial question arises concerning the noise emitted from the Flare Gas Power Generation Facility, the operator shall conduct a subsequent noise study to verify whether the Flare Gas Power Generation Facility is the cause of an exceedance of the noise emission standards set forth herein. If the Flare Gas Power Generation Facility is the cause of the exceedance, the facility shall not be operated unless noise mitigation measures have been taken and further study shows that it is operating in compliance with the noise emission standards set forth herein.

      4.   Flare Gas Power Generation facilities must be set back at least 1,320 feet from the nearest primary or secondary residence or building open to the public to provide a noise and vibration buffer, unless the owner(s) of said residences or buildings consent in writing to a lesser distance and said consent is submitted with the conditional use permit application.

      5.   If a noise study shows that a Flare Gas Power Generation Facility does not meet the noise emission standards in subsections A1 and A2 above, the noise source shall be placed in an enclosed sound attenuating building or be provided with a sound wall or other measures to mitigate noise impacts in accordance with the noise emission standards in subsections A1 and A2 above.

   B.   Flare Gas Power Generation equipment must not cause noticeable vibration beyond the 1,320 foot setback or the property line of a consenting owner under subsection A4. The operator of a Flare Gas Power Generation Facility may use any method or vibration reduction technology designed by a professional in the field to achieve compliance with this requirement.

   C.   It is the intent of the County that the terms of this section shall apply to all proposed Flare Gas Power Generation facilities sited after the effective date of this section unless otherwise waived by rights of the affected surface owner(s).

   D.   Notwithstanding the foregoing, if future development of any primary or secondary dwelling (as designated in the county tax rolls) or any building open to the public, encroaches within 1,320' of an existing Flare Gas Power Generation facility, the requirements of this section shall not apply. (Ord. 24-407, 7-8-2024)

   A.   Purpose. It is the purpose of this section to regulate and restrict the height of structures and objects of natural growth, and otherwise regulate the use of land, in the vicinity of the Duchesne City Municipal Airport by creating the appropriate zones and establishing the boundaries thereof; defining certain terms used in this section, and referring to the Duchesne City Municipal Airport Land Use Compatibility Overlay Zones map (Exhibit A), which is incorporated in and made a part of this section; and, providing for enforcement.

   B.   Findings. To assist communities in the appropriate land use and height restriction designations, the FAA has published two documents, FAR Part 77, Objects Affecting Navigable Airspace, and Advisory Circular (AC) 150/5300-13, Airport Design. This section incorporates the guidelines set forth in these FAA documents. Based on this information Duchesne County finds that:

      1.   It is necessary and in the interest of the public health, public safety and general welfare that the creation or establishment of obstructions that are hazardous to air navigation be prevented; and

      2.   The encroachment of noise sensitive or otherwise incompatible land uses within certain areas as set forth in this section may endanger the health, safety and welfare of the owners, occupants, or users of the land in proximity to the Duchesne City Municipal Airport;

      3.   The Duchesne City Municipal Airport fulfills an essential community purpose.

   C.   Applicability. The provisions of this section shall apply to all lands, buildings, structures, natural features or uses located within those areas that are defined by the airport overlay district and designated on the Duchesne Airport Part 77 Surfaces map, which identifies areas of height limitations, and the Duchesne City Municipal Airport Land Use Compatibility Overlay Zones map (Exhibit A).

   D.   Definitions. The following definitions shall apply in the Duchesne Municipal Airport Overlay District:

      1.   “Airport” means the Duchesne Municipal Airport.

      2.   “Airport elevation” means the highest point of the airport’s useable landing area measured in feet above sea level. The Duchesne Municipal Airport is five thousand eight hundred thirty (5,830) feet above mean sea level.

      3.   “Airport-compatible land uses” means those land uses that can coexist with a nearby airport without constraining the safe and efficient operation of the airport, or exposing people living or working nearby to potential negative environmental or safety impacts. Airport-compatible land uses do not create airspace obstructions and hazards to safe navigation (such as tall structures, light, glare, electronic/radio, smoke, steam, or other atmospheric interference emanating from nearby land uses). Airport-compatible land uses do not attract birds and other wildlife hazards to the airport and its immediate environs and do not bring high concentrations of people within airport runway protection zones. Low density residential uses, as defined herein, are considered to be an airport-compatible land use, in the Outer Approach/Departure Zone (Zone 4) and the Traffic Pattern Zone (Zone 6). The entity authorized to determine what constitutes an airport-compatible land use, in terms of the impact on the airspace, is the FA A, via issuance of a Determination of No Hazard to Air Navigation or a finding that the applicant does not exceed the criteria of the FAA Notice Criteria tool. The County land use authority determines what constitutes an airport compatible land use, based on consultation with the City and guidance found in Advisory Circular 150/5190-4B (or latest edition) (https://www.faa.gov/airports/resources/advisory circulars/index.cfm/go/ document.current/documentnumber/150 5190-4) and in the State of Utah’s land use guidebook: https://www.faa.gov/airports/resources/advisory circulars/ index.cfm/go/document.current/documentnumber/150 5190-4 and https: //luau.utah.gov/wp-content/uploads/Airports-and-Land-Use-Guide-8-2018- Version-WEB.pdf.

      4.   “Approach surface” means an imaginary surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in Section 8-9-20 F below. The perimeter of the approach surface coincides with the perimeter of the approach zone in plan view.

      5.   “Approach, Transitional, Horizontal, and Conical Zones.” These zones are defined in Section 8-9-20 E below.

      6.   “City” means the City of Duchesne, Utah.

      7.   “Conical surface” means an imaginary surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty (20) to one (20:1) for a horizontal distance of four thousand (4,000) feet.

      8.   “County” means Duchesne County, Utah.

      9.   “FAA Form 7460-1, Notice of Proposed Construction or Alteration” means a form which the Federal Aviation Administration requires to be completed by anyone who is proposing to construct or alter an object that could affect airspace and allows the FAA to conduct an airspace analysis to determine whether the object will adversely affect airspace or navigational aids. More information regarding this requirement can be found on the FAA website.

      10.   “FAR Part 77 surfaces” means imaginary airspace surfaces, per Part 77 of 49 CFR of the Federal Aviation Regulations, established with relation to each runway of an airport. There are five types of surfaces: (1) primary; (2) approach; (3) transitional; (4) horizontal; and (5) conical.

      11.   “Hazard to air navigation” means an obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

      12.   “High Density Residential” means residential development greater than one dwelling unit per acre.

      13.   “Horizontal surface” means a horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which plane coincides with the inner perimeter of the conical surface.

      14.   “Low Density Residential” means residential development of one dwelling unit per acre or less.

      15.   “Obstruction” means any permanent or temporary structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in Section 8-9-20 F below.

      16.   “Person” means an individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity, including a trustee, receiver, assignee, or similar representative of any of them.

      17.   “Primary surface” means a surface longitudinally centered on a runway. The primary surface has a width and distance beyond each end of the runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The primary surface at Duchesne Municipal Airport is five hundred (500) feet wide and extends two hundred (200) feet beyond runway end for the current three thousand ninety (3,090) foot Runway 8/26.

      18.   “Runway” means a defined area on an airport prepared for landing and takeoff of aircraft along its length; known as Runway 17/35 and Runway 8/26 at the Duchesne Municipal Airport.

      19.   “Structure” means an object (including a mobile object extending 15 feet or more above a roadway surface, 17 feet or more above a highway surface or 23 feet or more above a railroad surface) constructed or installed by persons, including, but not limited to: buildings, towers, cranes, smokestacks, earth formations, and overhead transmission lines.

      20.   “Transitional surfaces” means those imaginary surfaces extending outward at ninety (90) degree angles to the runway centerline at a slope of seven feet horizontally for each foot vertically, from the sides of the primary and approach surfaces to where they intersect with the horizontal and conical surfaces.

      21.   “Tree” means any vegetation of natural growth.

   E.   Airport Height Limitation Zones. In order to carry out the purposes of this section, zones are established which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the Duchesne Municipal Airport. The zones are shown on the Duchesne Municipal Airport Part 77 Surfaces Map, which is a part of the Duchesne Airport Layout Plan (ALP). A parcel located in more than one zone is considered to be only in the zone with the more restrictive height limitation. The various zones are defined as follows:

      1.   Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is two hundred fifty (250) feet wide for Runway 17/35 and Runway 8/26. The approach zone expands uniformly to the width of one thousand two hundred fifty (1,250) feet at a horizontal distance of ten thousand ( 10,000) feet from the primary surface end. Its centerline is the continuation of the centerline of the runway.

      2.   Transitional Zone. Transitional zones are the areas beneath the transitional surfaces.

      3.   Horizontal Zone. Horizontal zones are established by swinging arcs of ten thousand (10,000) feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. Horizontal zones do not include approach and transitional zones.

      4.   Conical Zone. Conical zones are established as the area commencing at the periphery of the horizontal zones and extending outward and upward twenty (20) to one (20:1) therefrom for a horizontal distance of four thousand (4,000) feet.

   F.   Height limitations. No structure shall be erected, altered, or maintained and no tree shall be allowed to grow in any zone, as defined in this section, to a height in excess of the applicable height limit established for that zone. The applicable height limitations for each of the zones are established as follows:

      1.   Approach Zone. Slopes twenty ( 20) feet outward for each foot upward (20:1) beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of ten thousand (10.000) feet along the extended runway centerline.

      2.   Transitional Zones. Slopes seven feet outward for each foot upward (7:1) beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of one hundred fifty (150) feet above the airport elevation.

      3.   Horizontal Zone. One hundred fifty (150) feet above the airport elevation or at a height of five thousand nine hundred eighty (5,980) feet above mean sea level.

      4.   Conical Zone. Slopes twenty (20) feet outward for each foot upward (20:1) for four thousand (4,000) feet beginning at the periphery of the horizontal zone to a height of six thousand one hundred eighty (6,180) feet above mean sea level.

   G.   Safety Measures. No use may be made of land or water within any zone defined herein so as to:

      1.   Create electrical interference with the navigational signals or radio communications between the airport and aircraft;

      2.   Make it difficult for pilots to distinguish between airport lights and others; no new or expanded industrial, commercial, recreational or residential use shall project lighting directly onto an existing runway, taxiway, or approach/departure surface except where necessary for safe air travel;

      3.   Result in glare in the eyes of pilots using the airport or impair visibility in the vicinity of the airport;

      4.   Create bird strike hazards; or

      5.   Otherwise endanger or interfere with the landing, take-off, or maneuvering of aircraft intending to use the airport.

   H.   Airport Safety Compatibility Zones (ASCZ). Zones described below are shown on the Duchesne Municipal Airport Land Use Compatibility Overlay Zones map (see Exhibit A attached hereto and incorporated herein). A parcel located in more than one zone is considered to be only in the zone in which the majority of the parcel is located.

   I.   Zone 1 - Runway Protection Zone (RPZ), Zone 2 - Inner Approach/Departure Zone, Zone 3 - Inner Turning Zone, Zone 4 - Outer Approach/Departure Zone, and Zone 5 - Sideline Zone (depicted as Airport Safety Compatibility Zone 1-5 on Exhibit A attached hereto and incorporated herein): Potentially incompatible land uses within these zones are low and high density residential, places of public assembly such as churches, schools (K-12), colleges, hospitals, shopping centers and other uses with similar concentrations of persons, asphalt plants, sand and gravel mining, rock crushing, fuel storage facilities or the storage or use of significant amounts of materials which are explosive, flammable, toxic, corrosive, or otherwise exhibit hazardous characteristics. Hazardous wildlife attractants including waste disposal operations, water management and storm water facilities with above-ground water storage, and manmade wetlands shall not be allowed within these zones. Notwithstanding the above, airport-compatible land uses, as defined herein, are allowed in Zones 1-5; provided that the applicant has documented to the County that their proposal has either not exceeded the FAA Notice Criteria, after querying the FAA pursuant to 14 C.F.R. Part 77 or has applied for and the FAA has issued a Determination of No Hazard to Air Navigation for the project; the associated conditions of approval are met and the County land use authority deems the proposed use compatible after consultation with the City. However, the storage or use of materials which are explosive, flammable, toxic, corrosive, or otherwise exhibit hazardous characteristics, oil storage tanks, and similar facilities for the storage of oil or related produced hydrocarbons from oil and gas drilling and production facilities is expressly permitted as an airport-compatible land use, subject to the FAA and conditional use permit approval process (see Section 8-9-20 (H) (3) below).

   J.   Zone 6-Traffic Pattern Zone. High density residential use is prohibited. Airport- compatible land uses, as defined herein, are allowed; provided that the applicant has documented to the County that their proposal has either not exceeded the FAA Notice Criteria, after querying the FAA pursuant to 14 C.F.R. Part 77 or has applied for and the FAA has issued a Determination of No Hazard to Air Navigation for the project and the associated conditions of approval are met.

   K.   Oil and Gas Drilling and Production in All Zones: Notwithstanding anything to the contrary herein, activities directly or indirectly related to or necessary for exploring for, developing, producing, storing and transporting oil and gas, along with all associated hydrocarbon and non-hydrocarbon substances, are Airport compatible land uses and are allowed in all zones provided that the operator has documented to the County that their proposal has either not exceeded the FAA Notice Criteria, after querying the FAA pursuant to 14 C.F.R. Part 77 or has applied for and obtains a Determination of No Hazard to Air Navigation from the FAA for each surface location prior to the commencement of surface disturbance and any associated conditions of FAA approval are met. The Oil and Gas drilling and production facility operator shall provide both the County and City with a copy of said confirmation from the FAA of not exceeding the FAA Notice Criteria pursuant to 14 C.F.R. Part 77 or the Determination of No Hazard to Air Navigation. If the FAA determines the operator has not exceeded the FAA Notice Criteria pursuant to 14 C.F.R. Part 77 or issues the foregoing Determination of No Hazard to Air Navigation, no further permits or approvals will be required from the County under this Ordinance, but other sections of the Zoning Ordinance may require a conditional use permit.

   L.   Permits for Future Uses.

      1.   Except as specifically provided in this section, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone defined in this section unless a permit shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to determine whether the resulting use, structure, or tree would conform to the provisions of this section. Each application for a permit shall be forwarded by the County to Duchesne City for review and a recommendation. Certain applications may be forwarded to the FAA for a determination whether the proposal constitutes an airport-compatible land use. No permit for a use inconsistent with the provisions of this section shall be granted unless a variance has been approved in accordance with this section. All permit applications within the airport overlay district shall, in addition to being reviewed through the standard development review process, be subject to the following:

         a.   All developments, permits or plats with proposed buildings and/or structures found to be within twenty (20) feet of any of the height limitations described in Section 8-9-20 F above and/or all buildings and structures over two hundred (200) feet in height must submit a site plan, building elevations and an FAA Form 7460-1 to the County. Upon review, further documentation shall be required, if more accurate data is necessary for a determination of impact including detailed surveys by a licensed land surveyor.

         b.   All developments, permits or plats falling within the ASCZs described in Section 8-9-20 H above associated with special use permits, variances or existing nonconforming uses must also submit a site plan to the County for review.

         c.   In the area lying within the limits of an approach zone, horizontal zone and conical zone, no permit shall be required for any tree or structure less than seventy-five (75) feet of vertical height above the ground except when, because of terrain, land contour, or topographic features, the tree or structure would extend above the height limits prescribed for such zones.

         d.   Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction or alteration of any structure or growth of any tree in excess of any height limits established by this section.

         e.   Future uses must meet the definition of an “airport-compatible land use” in order to be placed in any of the six Airport Safety Compatibility Zones listed above.

         f.   Approval of cellular and other communications or transmission towers located within any height limitation zone described within Section 8-9-20 E above shall be conditioned to require their removal within ninety (90) days of the discontinuance of use.

      2.   Existing Uses. No permit shall be granted that would allow the establishment or creation of an obstruction, or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of this section.

      3.   Nonconforming Uses Abandoned or Destroyed. Whenever the County determines that a nonconforming tree or structure has been abandoned, or more than eighty (80) percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such a structure or tree to extend above the applicable height limit or otherwise deviate from the zoning regulations.

      4.   Variances.

         a.   Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property not in accordance with the provisions of this section, may apply to the County for a variance. The application for variance shall be accompanied by a Determination of No Hazard to Air Navigation from the FAA and approval by the City.

         b.   A variance shall be allowed where it is found that a literal application or enforcement of this section will result in an unnecessary hardship and relief granted will not be contrary to the public interest; will not create a hazard to air navigation; will do substantial justice; and will be in accordance with the purposes of this section.

         c.   No application for variance may be considered unless a copy of the application has been furnished to the City for advice as to the aeronautical effects of the variance. If the City does not respond to the application within fifteen (15) days after receipt, the County may act to grant or deny the application.

      5.   Obstruction Marking and Lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this section, be conditioned to require the owner of the structure or tree in question to install, operate, and maintain, at the owner’s expense, necessary markings and lights. If deemed proper by the City, County or FAA, this condition may be modified to require the owner to permit the City, at its own expense, to install, operate and maintain the necessary markings and lights.

      6.   Conditional Use Permit. Any use allowed conditionally under the County zoning code, which will be located in an Airport Safety Compatibility Zone, shall be treated as a conditional use under that code and shall be subject to all provisions and procedures required for conditional uses. However, the proposed use must qualify as an airport-compatible land use. If the conditional use permit has been requested by Duchesne County, the decision shall be made by the Duchesne City Council, after receiving a recommendation from the Duchesne City Planning Commission and the FAA.

   J.   Nonconforming uses.

      1.   Effect Not Retroactive. The provisions of this section shall not be construed to adversely affect any existing structure or use as of its effective date, nor require any change in the construction, alteration or intended use of any prior structure, the construction or alteration of which was begun prior to its effective date, so long as it is diligently pursued to completion.

      2.   Marking and Lighting. The owner of any existing nonconforming structure or tree is required to permit the installation, operation, and maintenance of markers and lights deemed necessary by the operating authority of the airport to indicate to the operators of aircraft the presence of obstructions. The markers and lights shall be installed, operated, and maintained at the expense of the operating authority of the airport.

   K.   Appeals.

      1.   Any decision of the County staff during the course of administering this ordinance may be appealed to the Duchesne County Planning Commission within ten (10) days of the decision.

      2.   Duchesne County Planning Commission decisions may be appealed to the Duchesne County Commissioners within ten (10) days of the decision.

      3.   If Duchesne County is the appellant, the decision regarding the appeal shall be made by the Duchesne City Council, after receiving a recommendation from the Duchesne City Planning Commission and the FAA.

   L.   Disclosure.

      1.   To all extents possible, property owners and potential property buyers should be made aware of the following disclosure. The disclosure statement shall be recorded on all approved subdivision plats, minor subdivision plats, conditional use permits, agreements, deeds and building permits within any of the identified zones in Section 8-9-20 E or 8-9-20 H above:

         “Properties near the Duchesne Municipal Airport may be subject to varying noise levels and vibration. Properties near the airport may be located within height and use restriction zones as described and illustrated by Federal standards and regulations and the Duchesne City/Duchesne County Zoning and Subdivision regulations. There is the potential that standard flight patterns will result in aircraft passing over the properties at low altitudes and during all hours of the day. Generally, it is not practical to redirect or severely limit airport usage and/or planned airport expansion. Developments near the airport should assume that at any given time there will be some impact from air traffic.”

(Ord. 24-410, 10-7-2024)

   A.   Purpose. It is the purpose of this section to regulate and restrict the height of structures and objects of natural growth, and otherwise regulate the use of land under county jurisdiction, in the vicinity of the Roosevelt City Municipal Airport by creating the appropriate zones; referring to the Roosevelt City Municipal Airport Land Use Compatibility Overlay Zones map (Exhibit A) which is incorporated in and made a part of this section.

   B.   Findings. To assist communities in the appropriate land use and height restriction designations, the Federal Aviation Administration (FAA) has published two documents, FAR Part 77, Objects Affecting Navigable Airspace, and Advisory Circular (AC) 150/5300-13, Airport Design. This section incorporates the guidelines set forth in these FAA documents. Based on this information Duchesne County finds that:

      1.   It is necessary in the interest of the public health, public safety and general welfare that the creation or establishment of obstructions that are hazardous to air navigation be prevented; and

      2.   The encroachment of noise sensitive or otherwise incompatible land uses within certain areas as set forth in this section may endanger the health, safety and welfare of the owners, occupants, or users of the land in proximity to the Roosevelt City Municipal Airport;

      3.   The Roosevelt City Municipal Airport fulfills an essential community purpose.

   C.   Applicability. The provisions of this section shall apply to all lands, buildings, structures, natural features or uses located within those areas that are defined by the airport overlay district and designated on the Roosevelt Airport Part 77 Surfaces map which identifies areas of height limitations and the Roosevelt City Municipal Airport Land Use Compatibility Overlay Zones map (Exhibit A). (Ord. 24-414)