Be clearly secondary to the primary use of the dwelling unit for residential purposes.

Be conducted entirely within the home, attached garage, or small accessory building (less than 200 square feet). It may use no more than 25% of the dwelling’s floor area.

Not physically change or alter the external residential appearance of the home. Interior alterations for the purpose of accommodating the home business are prohibited if such alteration eliminates either the kitchen, dining area, bathrooms, living room or all of the bedrooms.

Prohibit outdoor storage of materials or equipment.

Maintain compliance with all fire, building, health codes, and all other City, county, state and federal codes.

Not cause a demand for municipal, community or utility services that are substantially in excess of those usually and customarily provided for residential uses.

Limit odor, smoke, dust, heat, fumes, light, glare, color, materials, construction, lighting, sounds, noises or vibrations or other nuisances to levels typical of residential use.

Store only household-appropriate chemicals or materials; hazardous materials are prohibited. No process can be used which is hazardous to public health, safety, morals or welfare.

Operate only between 7:00 a.m. and 9:00 p.m.

Allow no more than one non-resident employee.

Provide on-site and off-street parking for clients, customers, and employees.

Restrict vehicular traffic to a level reasonably occurring for a residence in the neighborhood where the home business is located so that the average neighbor will not be significantly impacted by its existence. In no case, except for day care or preschool businesses, shall the home occupation exceed two vehicular customers, and/or visits per hour, or six per day, nor deliveries or pickups exceed more than one per day.

Offer product for retail sales other than incidental retail sales.

In non-residential zones, utilize up to one unanimated, non-illuminated flat sign, for each street upon which the dwelling fronts. The sign must be placed either in a window or on the exterior wall of the dwelling and may not have an area greater than six square feet. Home-based business signage is not allowed in residential zones.

Auto, boat, or small engine repair, fabrication, or services.

Welding, metal fabrication, or foundries.

Equipment, vehicle, or trailer rental.

Junkyards or salvage.

Mortuaries or crematoriums.

Manufacture or sale of explosives.

Medical laboratories handling biohazards.

Sexually oriented businesses.

Overnight storage of vehicle(s) with a gross vehicle weight (GVW) over 10,000 pounds.

Any use producing fumes, glare, vibration, excessive noise, or significant traffic impacts.

They comply with state licensing requirements.

They provide safe ingress/egress and meet fire code standards.

Outdoor play areas are fenced and located in the side or rear yard.

The total number of children present at the residence is less than 12. This includes the licensee’s and any non-resident employees’ children if they are under 12 years of age.

A maximum of one non-resident employee is present.

They comply with state licensing requirements.

Home based micro schools and micro education entities are defined in Section 53G-6-201, Utah Code Annotated, and shall have the same meaning in Francis City Code.

They provide safe ingress/egress and meet fire code standards.

The total number of children present at the residence is 16 or less for a home-based micro school.

Micro education entities are not permitted in residential properties which are defined as a building that was built primarily for residential use. (The modification of a residential property to meet Type E Occupancy does not negate this requirement.)

The applicant otherwise complies with Utah Code.

The facility meets required occupancy standards.

A micro education entity which allows 17 to 100 students must have sufficient on-site parking and traffic queueing space to accommodate all resulting traffic without spilling over to public streets. The traffic impact cannot be greater than a home-based micro school.

A home occupation business license may not be issued for a day care and a home-based micro school for the same address.

Wall-Mounted Antenna. An antenna or series of antennas mounted against the vertical wall of a building or structure including, but not limited to, buildings, smokestacks, water tanks, and grain elevators. Wall-mounted antennas are a permitted use in all industrial zones and on City-owned property, and a conditional use in the commercial, agricultural and manufacturing zones. Any wall-mounted antenna shall comply with the following standards:

Roof-Mounted Antenna. An antenna or series of antennas mounted on the roof, mechanical room, or penthouse of a building or structure is a permitted use in all industrial zones and on City-owned property, and a conditional use in the commercial and manufacturing zones. Any roof-mounted antenna shall comply with the following standards:

Monopole Structures Less Than Two Feet in Width. A single cylindrical steel or wooden pole that acts as the support structure for an antenna or series of antennas less than two feet in width is a permitted use in all industrial zones and on City-owned property, and a conditional use in the commercial, agriculture and manufacturing zones. These types of structures are intended to be placed on light poles, light standards, flag poles and other existing or planned vertical structures. The following requirements must be satisfied prior to construction of a monopole less than two feet in width.

Monopole Structures Greater Than Two Feet in Width. A single cylindrical steel or wooden pole that acts as the support structure for an antenna or series of antennas greater than two feet in width is a permitted use in all industrial zones and on City-owned property, and a conditional use in the commercial, agriculture and manufacturing zones. The following requirements must be satisfied prior to construction of a monopole greater than two feet in width:

The proposed facility is compatible with the height and mass of existing buildings and utility structures.

That co-location of antennas or other structures is possible without significantly altering the existing facility.

That the facility blends with existing vegetation, topography and buildings.

That location of a facility will not create a detrimental impact to adjoining property owners.

That the conduct of the requested use will not have any detrimental effects on adjacent properties and will be in general harmony with surrounding uses.

That the requested use will not create excessive traffic or parking hazards on adjacent streets and that traffic control, if necessary, shall be provided at the expense of the applicant.

That the applicant shall have sufficient liability insurance for the requested use or event.

Any structure requiring sanitary facilities by building, fire, health, or other similar codes shall be located on the same lot as a host structure unless independent water and sewer service is provided to the temporary structure. Where such codes require sanitary facilities, they may be provided if there is:

Parking, access, circulation, and other significant elements of any other uses or structures existing on the site shall be handled on a case-by-case basis. Approval for each temporary use permit shall bear an expiration date based upon the nature of the use. In no case shall approval be given for a period exceeding 30 calendar days. Garage sales need not obtain a temporary use permit, but shall not operate the sale for a period exceeding five calendar days in any calendar year, and shall be conducted by bona fide residents or lessors of the premises. If any temporary structure becomes vacant prior to the expiration of the permit, it shall be removed within 15 calendar days of the vacancy.

Minimum Park Area. RV parks or campgrounds shall contain at least five acres.

Site Requirements. Each RV, cabin, or camping site in a park shall have an area of not less than 1,500 square feet. Sites must be set back at least 30 feet from all property lines. Each RV site shall have an average width of 25 feet. Trailers and cabins shall be separated from each other and from other structures by at least 15 feet. Any accessory uses such as attached awnings or steps shall, for the purposes of this separation requirement, be considered to be part of the trailer or cabin.

Cabins. Cabins are allowed at a rate of up to one cabin per RV and/or campground site.

Frontage and Gradient. Each site shall abut directly upon a park street for a minimum distance of 20 feet. Alignment and gradient shall be properly adapted to topography and provisions shall be made for proper drainage.

Parking. Each RV site shall have an RV parking space and an off-street parking space for at least one vehicle. Each cabin or tent site must have an off-street parking space for at least one vehicle. Not more than one RV shall be placed on an RV site. Additional parking must be provided in the campground at a ratio of one parking space for every five sites that do not have at least two off-street parking spaces.

Each RV site shall provide sufficient parking and maneuvering space so that the parking, loading or maneuvering of trailers incidental to parking shall not necessitate the use of any public street, sidewalk, right-of-way, or any private grounds not part of the RV parking area.

Landscaping. All open areas except driveways, parking areas, walking ways, utility areas, or patios shall be maintained with landscaping in accordance with a detailed landscaping plan to be approved by the Planning Commission in conjunction with issuance of a permit. All submitted landscape plans shall be designed to encourage water conservation as a primary consideration. Trees shall be planted at a rate of at least one per camping site. Deciduous trees shall have a caliper from two to three inches and evergreen trees shall have a height from five to eight feet.

Streets. Streets within campgrounds shall remain privately owned and maintained. Streets shall be at least 25 feet wide. Parking shall not be allowed on park streets. The park streets shall be paved in accordance with applicable City standards. Curb and gutter is optional. If curb and gutter is used, it shall be built to City standards.

Recreation Area. A central recreation area shall be established in all RV parks which shall be easily accessible from all sites. The size of such recreation areas shall be not less than 10% of the gross site area of all RV spaces, or 3,000 square feet, whichever is greater.

Restrooms. Restrooms, including toilets, showers, and lavatories, shall be provided within an RV or camping park to conveniently and adequately serve said park.

Cooking Facilities. Each site shall be equipped with a picnic table and benches or equivalent. Outdoor cooking facilities must meet the requirements of the South Summit Fire District.

Laundry. Laundry facilities are optional; however, outdoor laundry drying lines shall not be permitted at the RV park or campground.

Utilities. All utility distribution facilities shall be placed underground at depths to ensure proper safety. The owner shall make the necessary arrangements with each of the public serving utilities for installation of said facilities. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts, and other necessary appurtenances to such underground facilities may be placed above ground. All sites must be served with water and electricity. Natural gas hookups shall not be provided to RV or tent sites.

Storage. No accessory building, shed, or cabinet may be placed upon or erected upon an individual site for the storage of materials or personal belongings.

Fuel Tanks. All fuel tanks maintained within an RV site must be mounted securely upon or attached to the RV or vehicle which they serve. No such tanks shall be larger than 50-gallon capacity.

Site Identification and Addresses. Each site shall be marked and numbered for identification. There shall be no separate mailboxes, separate street address designations, or other similar accessories which would give the appearance of permanence to occupants of an RV or cabin site.

Screening. RV parks and campgrounds may be required to provide screening from adjacent uses, as determined by the Planning Commission.

Fire Protection. The campground shall provide fire protection in accordance with the South Summit Fire District requirements.

Wastewater, Trash Disposal, and Drinking Water. Each RV park shall have facilities for disposal from the holding tanks of trailers and similar vehicles which shall be hooked to the City sewer system, or a wastewater disposal system approved by the City Council and state Health Department. Also, a source of potable water for filling RV, travel trailer or other water tanks shall be required. Proper screened facilities for waste storage, handling and disposal must also be approved by the Planning Commission.

Length of Occupancy. No site located within a park established under these provisions shall be occupied by the same guest or vehicle for a period exceeding 90 days per calendar year. After 90 days, guests and their vehicle(s) must leave the park for at least 72 hours before returning to a different site at the park. The responsible party shall keep a record of occupants' names and vehicles for each site and make these records available to City officials if requested.

Facility Maintenance. Structures shall be properly maintained and all facilities such as plumbing, HVAC equipment, appliances, etc., kept in a condition that is fully operational and otherwise in good repair.

Landscaping Maintenance. Grounds and landscaped areas shall be properly maintained to ensure that the use does not detract from the general appearance of the area or create any hazard or nuisance to the occupants or to neighboring properties.

Code Compliance. Each habitable space shall meet current federal, state, and local building and health codes, and shall be equipped with fully functional smoke and carbon monoxide detectors located at places within the dwelling unit that comply with applicable building codes.

Garbage. Garbage shall be placed in City-approved receptacles, shall be screened, shall not be allowed to accumulate on the property, and shall be removed on regularly scheduled pickup days.

Storage. There shall be no open storage of personal belongings within any site, nor shall there be an accessory building, shed, or cabinet placed upon or erected upon an individual site for the storage of materials or personal belongings.

Vehicle Repairs. There shall be no removal of axles, wheels or tires from an RV or other vehicle located within an RV or camping park, except for emergency, temporary removal to accomplish repairs.

Noise and Nuisances. Occupants and their pets shall not create noise or other conditions that by reason of time, nature, intensity or duration are out of character with noise and conditions customarily experienced in the surrounding neighborhood. Occupants shall not disturb the peace of surrounding residents by engaging in outside recreational activities or other activities that adversely affect nearby properties before 7:00 a.m. or after 10:00 p.m. Occupants and their pets shall not interfere with the privacy of nearby residents or trespass onto nearby properties.

Illegal Conduct. Occupants shall not engage in disorderly or illegal conduct, including illegal consumption of drugs or alcohol.

A first complaint will result in an investigation and, if warranted, the City will issue a written warning to the responsible party; said warning shall provide notice of the complaint, a description of any violation, and actions to be performed to correct a violation. Upon receipt of a second complaint, the City will conduct an investigation and, if warranted, will take one of the following courses of action:

In the event of an order to initiate formal proceedings, the responsible party shall appear before an administrative law judge to demonstrate, by clear and convincing evidence, why the permit should not immediately be revoked. If the responsible party fails to appear, the facts alleged in the notice for the formal proceeding shall be deemed to be true and the administrative law judge may take such action as it deems appropriate, including revocation of the permit.

Notwithstanding any other remedy in this section, violations of federal, state, or local laws may be prosecuted in any court or administrative tribunal having jurisdiction over the matter.

Order the defect corrected within a fixed period of time, not exceeding 30 days, if correction of the defect will bring the subject sign into compliance with the provisions of this section.

If correction of the defect will result in a violation of the provisions of this section, order that the subject sign be removed by, and at the expense of, the owner of the sign, within a fixed period of time not exceeding 30 days.

If the owner of the sign contests the order of the Planning Department, the remedy shall be an appeal to the Board of Adjustment, which appeal shall be taken in the time and manner otherwise provided in this title and FCC Title 17. If the owner of the sign fails or refuses to remove the subject sign at the order of the Planning Commission, the City may remove the sign at any time after the owner thereof exhausts his or her administrative remedies in relation thereto, unless otherwise ordered by a court of law. Removal by the City shall be at the expense of the owner, and the City may obtain judgment against the owner in an amount equal thereto, together with reasonable attorney's fees and costs.

The display of official notices used by any court, public body or official, or the posting of notices by any public officer in the performance of a duty, or by any person giving legal notice.

Directional, warning, or information signs of a public or semi-public nature, directed and maintained by an official body or public utility.

Any sign of a noncommercial nature when used to protect the health, safety, or welfare of the general public.

Any official flag, pennant, or insignia of any nation, state, City, town, or other political unit.

No sign shall be erected in such a manner that any portion of the sign or its support will interfere with the use of any fire escape, exit, or standpipe, or obstruct any required stairway, door, ventilator, or window.

No freestanding or projecting sign shall be erected at any intersection improved for vehicular traffic within a triangular area formed by the property lines and their projections and a line connecting them at points 25 feet from the intersections of the projecting property lines.

No sign shall be erected or maintained which has less horizontal or vertical clearance from communication lines and energized electrical power lines than that prescribed by the laws of the state of Utah or rules and regulations duly promulgated by agencies thereof.

No sign shall be erected in such a manner that any portion of the sign or its support will extend over a public or private walkway with a minimum clearance of less than 10 feet.

In all zoning districts, signs may be erected to advertise the sale, rent, or lease of property upon which said signs are placed. Signs shall be limited to one sign per street face, unless otherwise provided by the zoning provisions, and shall not exceed an area of six square feet in residential zones or 32 square feet in nonresidential zoning districts.

In all districts where group occupancies in office buildings, commercial buildings, or industrial buildings are permitted, directory signs may be erected displaying the names of occupants of a building who are engaged in a particular profession, business, or industrial pursuit. These signs shall be situated at least two feet inside the property line and shall not exceed 10 feet in height. Said sign shall not exceed an area of 50 square feet and shall not be placed within a clear-vision area of a corner lot as set forth in this section.

Signs may be erected in conjunction with construction projects and used for the purpose of publicizing the future occupants of the building; architects, engineers, and construction organizations participating in the project; and such other information as may be approved by the Planning Commission. In residential districts no such sign shall exceed 32 square feet in area. In other districts, no such sign shall exceed an area of 64 square feet, and no freestanding sign shall exceed 12 feet in height. All such signs shall be removed before a final inspection is granted by the Building Inspector or an occupancy permit is issued.

Open house signs advertising real estate open for inspection for a prospective sale may be placed on private property in all districts with the consent of the owner, lessee, or occupant. Such signs may state the name of the person or firm sponsoring the open house. Such signs shall not exceed six square feet.

In all districts, a church or quasi-public organization may erect one wall sign on the premises to identify the name of the organization and announce activities thereof. Apartment houses of five or more dwelling units may erect one sign on the premises to identify only the name of the apartment complex and to indicate a vacancy. Wall signs shall not exceed an area of 25 square feet, and may be mounted upon a freestanding, ornamental masonry, wood or stone wall.

One development promotional sign may be placed on the premises of each subdivision having five or more lots or approved dwelling units. The promotional sign may have an area of 24 square feet. A second development promotional sign may be placed on the premises of each subdivision, planned development, or condominium project having two or more separate, major points of access and having 50 or more lots or approved dwelling units. The above signs shall be removed no later than 30 calendar days following the sale of all lots or dwelling units in the development, and before a final inspection is granted by the building inspector.

One name plate or marker shall be allowed for each dwelling to indicate only the occupant's name. Name plates shall not exceed two square feet in area, and shall not contain an occupational designation.

Nameplates not exceeding 32 square feet placed upon a building which identifies the name and/or address of a structure or complex.

A sign or a monument identifying points of interest or building complex not exceeding 32 square feet. The sign may be placed upon a suitable wall which identifies the name and address of the structure or complex, or be a freestanding sign five feet or less in height.

Except as otherwise provided in this section, wall signs on public property shall comply with the following requirements:

One monument sign less than six feet in height and 60 square feet measured from the farthest extent of the sign to form a rectangle is allowed per commercial project. If a commercial project includes more than five potential businesses the Planning Department may approve a sign up to 10 feet in height and 100 square feet measured from the farthest extent of the sign to form a rectangle. Application for additional monuments signs in a commercial project will be considered a conditional use. The applicant must demonstrate to the Planning Department that the additional sign(s) are necessary. In no case shall the Planning Department approve more than one monument sign for a commercial project which has less than 200 feet of frontage on a publicly maintained street. All monument signs shall meet the following requirements:

One wall sign not to exceed 30 square feet measured from the farthest extent of the sign to form a rectangle is allowed on the wall facing the primary entrance to the commercial project. Except as otherwise provided in this section, every wall sign and painted wall sign in a commercial zone shall comply with the following requirements:

One monument sign less than six feet in height and 60 square feet measured from the farthest extent of the sign to form a rectangle is allowed per industrial project. If an industrial project includes more than five potential businesses the Planning Department may approve a sign up to 10 feet in height and 100 square feet measured from the farthest extent of the sign to form a rectangle. Application for additional monument signs will be considered a conditional use. The applicant must demonstrate to the Planning Department that the additional sign(s) are necessary. In no case shall the Planning Department approve more than one monument sign for a project which has less than 200 feet of frontage on a publicly maintained street. All monument signs shall meet the following requirements:

One wall sign not to exceed 30 square feet measured from the farthest extent of the sign to form a rectangle is allowed on the wall facing the primary entrance to the project. Except as otherwise provided in this section, every wall sign and painted wall sign in an industrial zone shall comply with the following requirements:

Prohibition of New Off-Premises Signs. Except for off-premises public information and government signs meeting the size, shape, color, and other requirements described in subsection 2 of this section, no permits shall be issued for the construction of off-premises signs or outdoor advertising structures. All lawfully existing off-premises signs and outdoor advertising structures are nonconforming uses in all zones of the City.

Public Information and Government Signs. Off-premises public information and government signs are permitted pursuant to this section for the purpose of directing the traveling public to points of interest, historical sites, and other locations of interest, as approved by the Planning Department.

Acquisition of Interests. The City of Francis may acquire title to off-premises nonconforming signs or outdoor advertising structures by gift, purchase agreement, exchange, or eminent domain, and shall have the right to amortize off-premises nonconforming signs as permitted by state or federal law.

Any sign or portion thereof declared unsafe by a proper public authority must be restored to a safe condition or removed within 30 days of mailing or otherwise given notice of the unsafe condition.

A nonconforming sign shall not be reconstructed, raised, moved, placed, extended, or enlarged unless said sign is changed so as to conform to all provisions of this title and FCC Title 17. Alterations shall also mean that changing of the text or message that the sign is conveying from a use of the premises to another use of the premises and the changing of the ownership of the sign when that ownership necessitates a change in the text or message of the sign. Alterations shall not be interpreted to include changing the text or copy on off-premises advertising signs, theater signs, outdoor billboards or other similar signs which are designed to accommodate changeable copy.

Nonconforming signs which have been allowed to deteriorate or which have been damaged by fire, explosion, or act of God, to the extent of more than 60% of its assessed value shall, if repaired, be repaired or rebuilt in conformity with the regulations of this title and FCC Title 17 or shall be removed.

All off-premises signs which are made nonconforming uses by the provisions of this title and FCC Title 17 shall be subject to the following:

The site lies in a zone where such use is a conditionally permitted use.

The applicant has submitted an application for a business license for the proposed use and has paid all applicable fees.

The applicant has presented an accurate site plan that shows the topography, utilities, roads and structures on the site at both the pre-permit stage and the stage after completing the excavation and rehabilitation of the pit.

There shall be no limit as to the area or portion of a lot that may be disturbed and involved in the extraction process as long as the entire disturbed area has been included in the rehabilitation bond required in FCC § 18.110.040; also there shall be no limit to the time period used to complete the extraction of material.

Exception. Upon finding such is necessary to protect the property values of neighboring property interests or to preserve desirable aesthetics, the City Council may require as part of the bond agreement that the extent of the disturbed area at the site of extraction shall be no larger than seven acres at any one time and/or may require that the extraction process shall cease and the site rehabilitated (whether or not all materials have been obtained) within a specific time period, not to be less than five years. When limited to seven-acre units, the pit, or portions of it, shall be closed, rehabilitated, and approved by the City Engineer as meeting the standards of this chapter before further areas are disturbed.

The standards for rehabilitating the site shall be:

When the pit (or mound) and rehabilitation bond are proposed to cover less than the entire area of the lot, the operator shall place clearly identifiable survey markers on the outer boundaries of the bonded area and shall maintain such until the bond is released by the City. The Planning Commission may request an annual on-site investigation and report of the City Engineer to determine whether the terms of the grading plan, rehabilitation plan and bond agreement are being met.

Surface mining shall proceed in an orderly manner from the outer boundaries and lower slopes of the property inward and upward so the property can be rehabilitated in the older areas of the pit while new areas are being opened up.

Dust generated in the extraction and processing of the earth products shall be kept under control by the operator and contained on site by paving main roads in the pit, wetting extraction areas and loaded trucks, placing berms or landscape screening for protection from the prevailing winds and other suitable measures.

All cuts and fills shall be set back from the property boundary or boundary of the approved extraction site a distance of at least five feet.

The applicant shall present an off-site plan of any local public streets which loaded trucks will use in gaining access to state highways and arterial streets. The pit operator shall be liable for any severe damage his operation causes to such local roads.

The pit and/or extraction operation shall not constitute a nuisance.

A cash or surety bond in the amount set by the City Engineer, but not less than $2,500 per acre, shall be posted by the applicant to guarantee compliance with the provisions of this chapter. A violation of any provision shall be sufficient grounds for forfeiture of the entire bond to the City. If the bond is over the minimum bond amount per acre and the owner disputes the cost of reclamation set by the City Engineer, the City Council may determine the cost and set the bond amount, upon appeal by the owner.

The maximum bond and bond agreement period shall be seven years, after which time the bond amount shall be reevaluated based on inflation, the current costs of rehabilitation, and the amount of rehabilitation or excavation that has occurred during the elapsed time.

Any bond shall be accompanied by an agreement between the City of Francis and the applicant (plus the property owner if the latter is not also the applicant) wherein the City agrees to return the bond at the completion of work if the standards of this chapter have been met, and the applicant and property owner agree that the bond shall be forfeited in the event of noncompliance and to permit the City to enter upon the land to close operations and rehabilitate the excavated or filled areas. Any ambiguity or deficiency in the wording of the bond agreement shall be interpreted to include the terms of this chapter.

It shall be a violation to not complete the rehabilitation within one year of cessation of operations and grounds for forfeiture of the bond. The "trigger" for such forfeiture shall be any two-year period of time in which no material is extracted, or any one-year period when there is no current business license or valid zoning compliance permit in effect.

Notwithstanding the forfeiture of the bond, the applicant shall retain individual responsibility to fully comply with this chapter, the terms of the permits issued thereunder, and the balance of any expense not covered by the bond to rehabilitate the property.

The bond requirement under this section is satisfied by submission of a properly executed reclamation contract for surety under the large mining operations requirements as found in Utah State Code.

To provide organized, safe, and sustainable commercial development.

To provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the community, avoiding congestion and providing effective pedestrian facilities and linkages.

To establish standards of architecture and design in order to create an attractive commercial area that will draw desirable tenants, add beauty to the City, and become a gathering place for the citizens.

Access. Generally speaking, the commercial areas in Francis are located on streets with a higher potential for traffic congestion. Therefore, access to commercial developments shall be limited to the extent possible in order to maintain traffic flow. However, each commercial development may be required to incorporate two points of ingress and egress to the proposed development, where necessary and feasible. No point of ingress and/or egress shall be located closer than 100 feet from another point of ingress and/or egress along the same public street. This requirement may be waived by the City Engineer if necessary and appropriate.

Development Layout. Commercial developments may have more than one main structure per parcel. In such cases, the applicant shall provide a project master plan to the Planning Commission and City Council indicating the location and size of each proposed structure. Additionally, the project master plan shall indicate accessory buildings, if any.

Headlight Impacts. Accesses for commercial developments and drive-through lanes shall not align with existing residences unless the location is required by the City Engineer or UDOT. If headlights will unavoidably impact an existing home, a landscape mitigation agreement shall be offered by the developer to the property owner, providing buffering at the same level as required for an adjacent property owner at the business’s impact tier as listed in FCC § 18.115.100.

Water Conservation. All submitted landscape plans shall be designed to encourage water conservation as a primary consideration. It is recommended that landscape plans use the Localscape approach (localscapes.com).

Lawns. Lawn shall not be installed in park strips, paths, or on slopes greater than 25% or 4:1 grade. Lawn areas shall not exceed 20% of the total landscaped area, outside of areas of the landscape dedicated to active play where lawn may be used as the playing surface (e.g., sports fields and play areas).

Street Trees. All setback areas adjacent to a public street shall be fully landscaped and properly maintained. Trees shall be planted at the rate of at least one tree per 20 feet along the public street. Street trees shall meet the requirements and ratios for medium and small trees in the subsection below when planted. No trees shall be planted within 45 feet of an intersection clear view area. Trees may be planted in clusters to create a more natural and/or screening effect, if appropriate.

Plant Materials.

All ground areas shall contain grass, or another ground cover acceptable to the Planning Commission, and shall be irrigated sufficiently. Shrubs, flower beds, decorative rocks, and other appropriate landscaping is highly encouraged. All landscaped areas shall be maintained using a sprinkling and/or irrigation system which is capable of being engaged automatically on a regular basis.

Vegetation Removal. Removed vegetation shall be replaced with equal or better quality plant materials. Trees that are necessarily removed shall be replaced with trees with comparable total caliper. Street trees that are necessarily removed shall be replaced with comparable individual caliper as approved by the Planning Department.

Installation. It shall be the responsibility of the developer to grade, place topsoil, seed, sod, install sprinkler irrigation systems, and properly plant trees, shrubs, and other approved plant materials.

Completion Timeline. Landscaping in accordance with the plans submitted must be installed within 30 days following the occupancy of the site or as otherwise approved by the Planning Commission as seasonal conditions may dictate.

Maintenance of Landscaping. All landscaped areas shall be maintained on a regular basis and be kept neat and clean. It shall be the responsibility of the developer to properly maintain landscaped areas including watering, mowing, pruning, fertilizing, and the removal and replacement of dead plant materials in a timely manner. Pruning trees for exposure is prohibited.

Enforcement. If a complaint is filed or if the City Planner determines the maintenance requirement has not been satisfied, Code Enforcement action will be taken. If the violation is not corrected, the owner of the subject property, as listed in the office of the Summit County Recorder, shall be notified of a meeting to be held between the owner and the Planning Commission. The Planning Commission will detail the lack of maintenance and inform the owner that a continued lack of maintenance will warrant issuance of a class C misdemeanor charge against the property owner under the authority of Section 10-9a-1003, Utah Code Annotated.

Transformers shall be grouped with other utility meters where possible and screened with vegetation or other appropriate method.

Each contractor and owner/developer shall be responsible to know the whereabouts of all underground utilities. Protection of such utilities shall also be their responsibility.

Prior to construction, contact must be made with Blue Stakes to identify underground utility lines.

Each development shall be required to be serviced by City water and sewer unless expressly approved by the City Council.

Concept Plan. The concept plan provides an opportunity for the applicant, City staff and Planning Commission to meet and discuss the proposed project in the conceptual stage. The applicant can use the concept plan meeting to ask questions of the Planning Commission and City staff, and receive some direction on development design and layout. At the concept plan meeting the City staff and Planning Commission will inform the applicant if the uses are allowed in the zone. The Planning Commission may also discuss the procedure for approval if a commercial development and the specifications and requirements as to general design and layout of streets, reservations of land, street improvements, drainage, water, sewerage, fire protection, mitigation of environmental impacts as determined, and similar matters, as well as the availability of existing services.

The Planning Commission may also advise the applicant, where appropriate, to discuss the proposed development with those agencies who must eventually approve those aspects of the final plat within their jurisdiction, including, but not limited to, the current South Summit Fire District, South Summit School District, and the various utility service providers. Neighbors of the planned project should also be consulted to get their views and concerns.

Commercial Development Application. After the concept plan is reviewed by the Planning Commission, the developer may submit an application for commercial development approval. This approval encompasses all commercial development approvals required by the applicable zoning code (lot requirements, setbacks, parking, and architectural design) as well as the approvals required by this chapter (landscaping, buffers, site plan, layout, lighting, and trash storage). A sensitive lands analysis, traffic study, agricultural assessment, and other approvals required by this title or FCC Title 17 may also be required to be submitted concurrently as this application depending on site-specific conditions. All elements of the commercial development will be reviewed by the Planning Commission. The Planning Commission will approve or deny the landscaping plan and trash storage plan. The City Council has the authority to grant all other approvals for a commercial development after a recommendation is given by the Planning Commission. Building permit(s) for the project will not be issued until all necessary approvals are given.

Professional Review Fees. Fees for projects that require review and/or inspection by the City Attorney, City Engineer, or other consultant(s) shall be billed to the applicant at the actual billed rates incurred by the City, in addition to all other applicable fees. To assure prompt payment, the applicant shall deposit with the City sufficient funds against which the City may draw to satisfy these costs, in amounts set forth in the City's then-prevailing fee and rate ordinance. This escrow account shall be set up concurrent with submittal of the commercial development application.

All funds in applicant deposit accounts are available at all times for expenditure by the City to satisfy fees incurred by the City for the project. The City shall notify applicants monthly of the fees incurred during the previous month for the applicant's project. The City shall pay interest on applicant deposit accounts, at the rate at which the City would earn interest on monies in the City's general fund balance for the applicable period, and shall credit said interest to the applicant's deposit account. If the balance on deposit for an applicant drops below an amount sufficient to cover anticipated costs, the applicant must pay all outstanding billings for the month plus bring the deposit account back up to a sufficient amount, as set forth in the City's then-prevailing fee and rate ordinance. If at any time an applicant's deposit account does not comply with the provisions set forth herein, the City's staff and its contractors, agents and consultants shall stop work on the project until the account comes into compliance. At the conclusion or termination of a project, any unexpended amounts in an applicant's deposit account shall be refunded to the applicant with interest.

Include the legal description of the property and all contiguous holdings of the owner with an indication of the portion which is proposed to be developed. Those contiguous areas not included in the development, if any, should include an indication of the proposed future use.

Be accompanied by the proper review fee in accordance with the adopted fee schedule.

Include an address and telephone number of the applicant and property owner.

Include a general written and graphic representation of the proposed development, all approvals being sought, and a presentation of the proposed materials and design theme of the proposed commercial development.

Completed commercial development application on forms provided by the City.

Be accompanied by the proper review fee in accordance with the adopted fee schedule. Also include the escrow account funding as calculated by the City.

Include a written and graphic representation of the proposed development, including hours of operation, and plans graphically demonstrating the following:

Include any other site-specific plans required by the Planning Commission and City Staff including, but not limited to, a sensitive lands analysis, traffic study, and agricultural assessment.

All outdoor lighting must be full cut-off directing the light downward.

The bulb or lighting source cannot be visible from the property line.

Outdoor lighting cannot be directed towards any adjacent neighboring properties.

The maximum outdoor light output shall not exceed 50,000 lumens per acre. Allowed lumen output shall correspond with the size of the parcel.

Outdoor lighting shall be turned off or reduce total lumen usage output 50% by 11:00 p.m. except for the following conditions:

All fixtures shall be mounted no more than 18 feet high when adjacent to residential zones. Anything greater than 18 feet must be approved by the City Council.

The lighting of a federal or state flag.

Holiday lighting.

Agriculture uses.

Monuments.

Special events.

Drainage facilities, floodplains, and watershed and recharge zones.

Natural or environmentally hazardous areas.

Scenic areas, view sheds, foothills, slopes greater than 25% and ridgelines as determined by the City Council.

Unique vegetation cover.

Water corridors.

Wetlands as determined by the Army Corps of Engineers.

Wildlife habitat or refuge areas.

Surface and subsurface water.

Topographic Map and Slope Analysis. A topographic map and slope analysis shall be prepared and based on a certified boundary survey and depict contours at an interval of five feet or less. The map shall highlight areas of high geologic hazard, areas subject to landsliding, and all slopes in the following categories:

Ridgeline Areas. Ridgeline areas shall be denoted including all crests of hills or steep slopes. For the purposes of this chapter, ridgelines shall be defined as the natural crest of a hill or mountain as viewed from Highway 32, Highway 35, or Spring Hollow Road.

Vegetative Cover. Vegetative cover shall be denoted generally by type and density of vegetation. This description should include deciduous trees, coniferous trees, gamble oak or high shrub, sage, and grassland. The City shall have the discretion to require a more detailed tree/vegetation survey if the site has significant or unique vegetation, stands of trees, or wooded areas.

Wetlands. Wetlands as delineated by the Army Corps of Engineers shall be indicated in the analysis. Likewise, stream corridors as defined by their ordinary high-water mark shall be denoted. If wetlands are present they shall be delineated and if required the appropriate permits shall be obtained from the Army Corps of Engineers and submitted to the City.

Wildlife Habitats. Delineation of all critical or sensitive wildlife areas and habitats as defined by the state or other studies and which wildlife species inhabit the area and may be affected by the different types of land uses proposed in the area.

Visual Assessment. Visual assessments of the subject property from relevant designated vantage points as directed by the City Council, Planning Commission or City staff depicting conditions before and after the proposed development, including the proposed location, size, landscaping, and other visual features of the project to assist in analyzing the potential aesthetic impact and most advantageous location of structures and other improvements to reduce any adverse impact. The visual assessment shall be conducted using techniques as approved by the City Council, Planning Commission or City staff including but not limited to sketches, models, drawings, renderings, hand-enhanced photographs, and computerized images. Selection of the appropriate technique will depend on the size of the development and the visual sensitivity of the proposed development site.

Soil Investigation Report. Soil investigation report, including but not limited to shrink-swell potential, elevation of water table, general soil classification and suitability for development, erosion potential, hazardous material analysis, and potential frost action.

Geotechnical Report. Geotechnical report, including but not limited to location of major geographic and geologic features, depth and types of bedrock, structural features (folds, fractures, faults, etc.), and historic and potential landslide and other high-hazard areas such as mine shafts, quarries and known snow avalanche paths.

Additional Slope Information. If the size of the proposed development and visual sensitivity of the site dictate, the City Council, Planning Commission or City staff may require the submission of a slope/topographic map depicting contours at an interval of two feet.

Fire Protection Report. Fire protection report, including but not limited to identification of potential fire hazards, mitigation measures, access for fire protection equipment, existing and proposed fire flow capability.

Hydrologic Report. Hydrologic report, including but not limited to information on groundwater levels, natural and agricultural irrigation and drainage channels and systems, and base elevations in floodplains.

Agricultural Analysis. An agricultural analysis addressing issues found in Chapter 18.110 FCC may be required to determine the impacts on important agricultural areas. This analysis must address the effects of changing land uses on vegetation, irrigation systems, range land quality, weed control, agricultural accesses and rights-of-way, and fire concerns.

Annexations. Whenever an annexation petition is presented to the City, the applicant may be required to provide a sensitive lands analysis according to this title and FCC Title 17 and may require varying levels of detail based upon existing conditions of the site. The sensitive lands will be determined based upon that analysis. The analysis may lead to the designation of additional sensitive areas, significant ridgelines, wetlands areas or vantage points which may not have been previously included as a part of this chapter or of the accompanying maps.

Intent. It is the intent of these regulations to protect visual character and environmentally sensitive areas on hillsides and slopes. This shall be accomplished by minimizing the visual and environmental impacts of development through careful site planning that maintains the maximum amount of open space, protects existing vegetation, avoids sensitive natural areas, minimizes erosion, recognizes the need for water conservation and locates structures in the least visually sensitive location. These regulations shall apply to all slopes in excess of 15%.

Prohibitions. No development shall be allowed on or within 50 feet of slopes in excess of 30%, lands subject to landslide, regular flooding, soils deemed unsuitable as to safety, and other high-hazard geological areas, as determined by a geotechnical or soils report produced pursuant to FCC § 18.120.040.

Graded or Filled Slopes. Cutting and filling to create additional or larger building sites shall be kept to a minimum and avoided to the maximum extent feasible. All proposed grading and filling shall be subject to review by the City Engineer and City staff to ensure minimum visual impact and geotechnical safety. Graded or filled slopes shall be limited to a three-to-one slope or less. All graded slopes shall be contoured and revegetated to the natural, varied contour of surrounding terrain.

Streets. Street construction in hillsides can be the most visually disruptive portion of a development. Development in some areas may not be appropriate if roads cannot be constructed to access it without causing significant visual impacts. Where streets and roads, public and private, are proposed to be constructed on steep slopes:

Retaining Walls. Use of retaining walls may be encouraged to reduce the angle of manmade slopes and provide planting pockets conducive to revegetation. The use, design, and construction of all retaining walls shall be subject to the approval of the City Engineer based upon assessment of visual impact, compatibility with surrounding terrain and vegetation, and safety considerations.

Landscaping and Revegetation. In order to mitigate adverse environmental and visual effects, slopes exposed in new development shall be landscaped or revegetated in a manner acceptable to the City Council and City Engineer. Topsoil from any disturbed portion of a steep slope shall be preserved and utilized in revegetation. Fill soil must be of a quality to support native plant growth.

Location of Development with Steep Slopes. Any development permitted in steep slope areas pursuant to this section shall be located in such a manner to reduce visual and environmental impacts to the maximum extent feasible. To determine the most appropriate location for development, the City shall require the applicant to conduct a visual and environmental analysis considering visual impact from key vantage points, potential for screening, location of natural drainage channels, erosion potential, vegetation protection, access, and similar site design criteria. Based upon the analysis, the City may require any one or a combination of the following measures:

Intent. The intent of these provisions is to protect the unique visual and environmental character of all designated ridgeline areas within the sensitive lands overlay zone and to ensure that development near ridgeline areas blends in with rather than interrupts or modifies the natural contour elevations of these landforms. Significant ridgeline areas should be retained in a natural state, and development should be sited in such a manner so as not to create a silhouette against the skyline or mountain backdrop as viewed from the designated vantage points.

Minimum Setback. No building, roof or other appurtenant device, including mechanical equipment, on any building may visually intrude on the ridgeline areas from any of the designated vantage points as described herein, and determined by a visual assessment.

Intent. The intent of these provisions is to protect the visual image of Francis as people enter the community. The City would like to maintain the visual character of all designated entry corridors by eliminating or mitigating visually obtrusive development and ensuring that significant portions of open space remain intact.

Applicability to Future Annexed Properties. Upon submission of an annexation petition, the Planning Commission shall identify relevant sensitive lands entry corridors for designation by the City Council.

Landscaping. A landscaping plan shall be required for all entry corridor developments.

Intent. Wetlands, stream(s) and Provo River channel corridors provide important hydrologic, biological and ecological, aesthetic, recreational, and educational functions. Important functional values of wetlands and streams can be lost or significantly impaired as a result of various development activities and additional functional values of these important resources may be lost. The following requirements and standards have been developed to promote, preserve and enhance these valuable resources and to protect them from adverse effects and potentially irreversible impacts.

Approval of the Army Corps of Engineers. The City Council may require an approval letter from the Army Corps of Engineers for any development suspected of having jurisdictional wetlands.

Prohibited Activities. No person shall engage in any activity that will disturb, remove, fill, dredge, clear, destroy or alter any areas, including vegetation, within significant wetlands and significant stream or river corridors and their respective setbacks, except as may be expressly allowed herein.

Boundary Delineation. Wetland and stream corridor delineation shall be performed by a qualified professional that has demonstrated experience necessary to conduct site analysis. The qualified professional shall be approved by the City Council or engineer. Delineation of wetlands shall be established using the Federal Manual for Identifying and Delineating Jurisdictional Wetlands. Stream corridors shall be delineated at the ordinary high water mark as defined herein.

Setbacks. Setbacks from wetlands shall extend a minimum of 25 feet outward from the delineated wetland edge. Setbacks from stream corridors shall extend a minimum of 100 feet outward from the ordinary high water mark. Setbacks from irrigation ditches shall extend a minimum of 50 feet from the ordinary high water mark.

Runoff Control. All projects adjacent to wetlands will provide appropriate temporary (straw bail berms) and permanent runoff control to minimize sediment and other contaminants to the maximum extent feasible. These control systems must be approved by the City Engineer.

Habitat Restoration Projects. The City Council may approve wetland and stream restoration and enhancement projects providing that the project plan has been reviewed by a qualified professional and approved by the appropriate state and federal agencies with jurisdiction. All habitat restoration work shall be performed under the direct supervision of a qualified professional.

Development Approvals for Public Projects/Public Works/Public Utilities. All public development projects and public works that visually impact or otherwise adversely impact sensitive areas, and all public utility installations including but not limited to water and sewer projects, pipelines, electrical supply facilities and wires, roads, and trails, constructed or undertaken within the sensitive lands overlay zone, shall be reviewed according to the following process and guidelines. It is the intent of this section that the proposed public utilities projects, both private and public, make all reasonable attempts to comply with the standards and guidelines of the sensitive lands regulations.

The project sponsor shall notify the City Council of the proposed project. A project plan delineating the location, alignment, and scope of the undertaking shall also be submitted. Minor projects which are determined by the City Council to have no potential for significant visual or environmental impacts shall be exempt from the process.

Mitigation. The City Council, Planning Commission and City staff shall review the proposed project and may request the project sponsor to prepare an environmental impact statement or mitigation plan that modifies the project to mitigate the environmental and visual impact of the project. To the maximum extent feasible, the project sponsor shall design the public works to preserve the natural character of the sensitive areas and locate it in areas not visible from major public rights-of-way or public property such as parks.

Emergency Repairs. In the event of an emergency that requires immediate action to protect the health and safety of the general public, such action may go forward without the immediate consent of the City Council. The City Council shall be consulted at the earliest stage reasonably possible in the construction/repair phase.

Maintenance. Maintenance projects shall proceed only after notification and approval by the City Council. If the City, due to the size or nature of the maintenance activity, determines that it may have a significant adverse impact on the sensitive areas, the project shall proceed through the review procedures set forth herein.

Establishing Limits of Disturbance. Limits of disturbance may be required of any development having ridgelines, or any property found to contain sensitive lands. The limits of disturbance will be established using the following criteria:

Revegetation Plan. All applicants for developments on land subject to sensitive lands regulations involving cut and fill and graded slopes shall submit a revegetation and landscaping plan for approval by the City Council. The plan shall depict the type, size, and location of any vegetation and trees being planted and illustrate how the site will be recontoured in such a fashion and with sufficient topsoil to ensure that revegetation is feasible. The plan shall also indicate a time frame for revegetation which is acceptable to the City. Retaining walls may also be required to provide breaks in manmade steep slopes exceeding 15% and to provide planting pockets.

Hardship Relief Petition. Any applicant for development, after a final decision on its development application is taken by the City Council, may file a hardship relief petition with the City Council seeking relief from certain of the sensitive lands regulations on the basis that the denial of the application has created a substantial economic hardship, depriving the applicant of all reasonable use of the property.

Affected Property Interest. The hardship relief petition must provide information sufficient for the City Council and the City Attorney to determine that the petitioner possesses a protectable interest in property under Article I, Section 22 of the Constitution of Utah and the Fifth Amendment to the United States Constitution.

Economic Hardship Standard. For purposes of this chapter, a substantial economic hardship shall be defined as a denial of all reasonable use of the property. Upon a finding that the denial of the application has resulted in a denial of all reasonable use of the property, the City Council may provide the petitioner relief from certain provisions of the overlay zone or sensitive lands regulations.

Time for Filing Notice of Petition and Petition. No later than 10 calendar days from final action by the City Council on any development application, the applicant shall file a notice of petition in writing with the City Recorder. Within 30 days of filing of a petition, the applicant shall file a hardship relief petition with the City Recorder.

Information to Be Submitted with Hardship Relief Petition. The hardship relief petition must be submitted in letter form and must be accompanied at a minimum by the following information:

The City Council may request additional information reasonably necessary, in their opinion, to arrive at a final conclusion concerning whether there has been a denial of all reasonable use constituting a substantial economic hardship. The petitioner shall have the burden of proving that the denial of the application creates a substantial economic hardship.

Findings of the City Council. The City Council shall, after receiving all the necessary information, hold a public hearing in accordance with Chapter 18.05 FCC. The City Council shall make their decision on the basis of the evidence and testimony presented, and address the following issues in its report or findings:

Outdoor lighting must be full cutoff directing the light downward.

The bulb or lighting source cannot be visible from the property line.

Outdoor lighting cannot be directed towards any adjacent neighboring properties.

Eaves lighting is not allowed except when directly over a porch or deck area and when the fixture is mounted at a height of 12 feet or less, as measured from the fixture to finished grade. Eaves lighting shall be fully shielded and downward directed. Angled eaves lighting that directs light beyond the face of the eaves is prohibited.

The lighting of a federal or state flag;

Holiday lighting;

Agriculture uses;

Monuments;

Special events.