The regulations hereinafter set forth in this chapter qualify or supplement, as the case may be, the land use regulations appearing elsewhere in this title. (Ord. 2012-15, 9-20-2012)

(Rep. by Ord. 2012-15, 9-20-2012)

(Rep. by Ord. 2012-15, 9-20-2012)

(Rep. by Ord. 2012-15, 9-20-2012)

   A.   Every dwelling shall be located and maintained on a single "lot", as defined in this title. Except for group dwellings and accessory dwelling units where allowed, not more than one dwelling structure shall occupy one lot.

   B.   If a dwelling has been built across one or more property lines, all affected parcels and/or lots, whether metes and bounds or platted, shall be deemed consolidated and shall not thereafter be treated as multiple lots without an approved subdivision as per this title. (Ord. 2012-15, 9-20-2012; amd. Ord. 2021- 24, 9-9-2021)

Any lot legally held in separate ownership at the time of adoption of this Code, which lot is below the requirements for lot area, lot width or frontage for the zone in which it is located and was legally created under the provisions of a previous land use ordinance, shall be classified as a legal nonconforming lot under this Code.

   A.   In any zone, when a lot lacks sufficient area to meet the minimum required by this Code and there is abutting property under the same ownership, the two (2) parcels shall be combined. If the combined parcels do not meet the minimum requirement and there is sufficient area upon which to construct a residence reasonably comparable to those in the vicinity with required setbacks, the lot may be determined to be legal nonconforming and a single-family dwelling shall be permitted if such lot is in a residential zone. Provisions herein shall not violate maximum lot size limits of section 13.14.040, chart 13.14.040 of this title.

   B.   If there is not sufficient area for a buildable area, comparable to the other residences in the area, or of at least thirty feet by fifty feet (30' x 50'), a building permit shall not be issued. (Ord. 2018-05, 5-17-2018)

(Rep. by Ord. 07-01, 1-9-2007)

The requirements of this title as to minimum lot area and minimum setback may be reduced by the Planning Commission for a public use. The Planning Commission shall not authorize a reduction in the lot area or setback requirements unless the evidence presented is such as to establish that the reduction will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. (Ord. 2012-15, 9-20-2012)

(Rep. by Ord. 07-01, 1-9-2007)

(Rep. by Ord. 07-01, 1-9-2007)

No parcel of land which has less than the minimum width and area requirements for the zone in which it is located may be cut off from a large parcel of land for the purpose, whether immediate or future, of building or development as a lot, except by permit of the Administrative Appeals Officer. (Ord. 2012-15, 9-20-2012)

No space needed to meet the width, setback, area, coverage, parking or other requirements of this title for a lot or building may be sold or leased away from such lot or building. (Ord. 2012-15, 9-20-2012)

No required setback area or other open space around an existing building, or which is hereafter provided around any building for the purpose of complying with the provisions of this title, shall be considered as providing a setback area or open space for any other building; nor shall any setback area or other required open space on an abutting lot be considered as providing a setback area or open space on a lot whereon a building is to be erected or established. This section shall be so construed to mean only one main building may be permitted on one lot, unless otherwise provided in this title. (Ord. 2015-02, 2-5-2015)

(Rep. by Ord. 07-01, 1-9-2007)

Wherever a lot is adjacent to a mapped street on the adopted circulation map of the city of Holladay general plan, there shall be a required front setback area provided, that is measured from the mapped right of way centerline or the planned edge of the future right of way. (Ord. 2012-15, 9-20-2012)

Every part of a required setback area shall be open to the sky, unobstructed except for permitted accessory buildings in a rear yard, the ordinary architectural projections of skylights, sills, belt courses, cornices, chimneys, flues, and other ornamental features that project into a yard not more than three feet (3'), and open or lattice enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers projecting into a setback area not more than five feet (5'). (Ord. 2012-15, 9-20-2012)

(Rep. by Ord. 2013-22, 9-5-2013)

   A.   Corner Lots: In all zones, no obstruction to view in excess of two feet (2') in height shall be placed on any corner lot within a triangular area formed by the edge of the paved surface and a line connecting them at points forty feet (40') from the intersection of the paved surfaces, except a reasonable number of trees pruned so as to permit unobstructed vision to automobile drivers (figure A of this section).

   B.   Clear View At Driveways: All driveways entering onto a public street, or right of way, shall have a clear view for drivers entering onto the street. That clear view shall be measured two feet (2') above the surface of the ground and form a triangle fifteen feet (15') from the intersection of the driveway, or right of way, except a reasonable number of trees pruned so as to permit unobstructed vision to automobile drivers (figure B of this section).

(Ord. 2016-23, 9-22-2016)

No existing garage or carport (area) in or on any residential property shall be eliminated unless replaced with a garage or carport located on the same property. (Ord. 2012-15, 9-20-2012)

No building shall be erected to a height less than one story above grade. (Ord. 2012-15, 9-20-2012)

(Rep. by Ord. 07-01, 1-9-2007)

In the C-1, C-2, O-R-D, HV and R-M zones, penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, architectural feature towers, steeples, flagpoles, chimneys, wireless or television aerials, theater lofts, or similar structures, may be erected a maximum of eight feet (8') above the height limits prescribed in this title, and provided the protrusion meets the graduated height requirement. No space above the height limit shall be allowed for the purpose of providing additional floor space. (Ord. 2014-15, 8-21-2014)

Public or semipublic utility buildings, when authorized in a zone, may be erected to a height not exceeding forty feet (40') if the building is set back from each otherwise established building line at least one foot (1') for each additional foot of building height above the normal height limit required for the zone in which the building is erected. (Ord. 2012-15, 9-20-2012)

   A.   Off Site Improvements Required: The applicant for a building or conditional use permit for all dwellings, commercial or industrial uses, and all other business and public and quasi-public uses shall provide curb, gutter and sidewalk along the entire property line which abuts any public road or street in cases where it does not exist at city standards. Vehicular entrances to the property shall be provided as allowed in the city ordinances. Height, location, structural specifications, maximum and minimum cut radii and minimum roadway approach angles to the centerline of the street are subject to the approval of the agency concerned.

   B.   Fee In Lieu Of Improvements:

      1.   Where conditions exist which make it unfeasible or impractical to install such curb, gutter and sidewalk, the Community and Economic Development Director may require the applicant to pay to the city a fee equal to the estimated cost of such improvements, as determined by the Community and Economic Development Director. Upon payment of such fee by the developer, the city shall assume the responsibility for future installation of such improvements.

      2.   The fees shall be placed in the special account established in section 13.01.100 of this title, and shall credit to such account a proportioned share of interest earned from investment of city monies. Records relating to identification of properties for which fees have been collected, fee amounts collected for such properties, and money transfer requests shall be the responsibility of the Community and Economic Development Department.

   C.   Exceptions:

      1.   The City Manager with a positive recommendation from the (TRC) may grant an exception to the installation of required off site improvements by following the requirements set forth in subsection 14.12.150B of this code. (Ord. 2015-15, 10-8-2015; amd. Ord. 2021-08, 4-8-2021)

In all cases where a proposed building or proposed use will involve the use of sewage facilities, and a sewer, as defined in the health department regulations, is not available, and all cases where a proposed supply of piped water under pressure is not available, the sewage disposal and the domestic water supply shall comply with requirements of the health department, and the application for a building permit shall be accompanied by a certificate of approval from the health department. (Ord. 2012-15, 9-20-2012)

   A.   Separation From Residential Properties: No animals or fowl shall be kept or maintained closer than forty feet (40') from a dwelling on an abutting parcel of land, and no barn, stable, coop, pen or corral shall be kept closer than forty feet (40') from a street. (Ord. 2015-02, 2-5-2015)

   B.   Animals For Family Food Production:

      1.   Small Livestock: "Small livestock", as defined in chapter 13.04 of this title, on a lot of at least ten thousand (10,000) square feet, shall be limited to the numbers of animals as allowed by table 13.76.240.1 of this section, and subject to a permit issued by the city. Such permits are personal to the property owner and do not run with the land.

 

 

Note:

1.    Over the minimum number of square feet required for a single-family residential lot in the zone.

      2.   Livestock In R-1-21, R-1-43 Or R-1-87 Zones: Livestock, large and small, as defined in chapter 13.04 of this title, on a lot in the R-1-21, R-1-43 or R-1-87 zones shall be limited to the numbers of animals as allowed by table 13.76.240.2 of this section.

 

 

Note:

   1.    Over the minimum number of square feet required for a single-family residential lot in the zone.

      3.   Horses: For residential properties in the R-1-21, R-1-43 or R-1-87 zones, the maximum number of horses allowed on a lot shall be as shown on table 13.76.240.3 of this section.

 

 

Note:

   1.    Over the minimum number of square feet required for a single-family residential lot in the zone.

   C.   Livestock In The FR Zones: The planning commission may approve the above listed types and numbers of livestock kept on a lot in the forestry and recreation (FR) zones provided that:

      1.   The area proposed for animals is not a watershed area, as determined by the health department; and

      2.   The use will not create unreasonable on site erosion, downstream siltation, bacteriological or biological pollution in subsurface or surface waters, destruction of vegetation, air pollution, including dust and odors or other detrimental environmental effects. In determining the environmental effects of the use, the planning commission shall seek and consider recommendations from the health department and other concerned agencies, and may require the applicant to submit scientific studies including analysis of slope, soils, vegetative cover, availability of water, and other elements necessary to establish environmental effects of the proposed use; and

      3.   The planning commission may limit the number of animals and fowl, or limit the amount of ground to be devoted to such use, or make other conditions to ensure environmental protection; and

      4.   After the use is established, if the planning commission determines, based on findings of facts, that unreasonable environmental degradation is occurring, the planning commission may, after notification to the applicant and public hearing, establish additional conditions or order the use to be abated. (Ord. 2012-15, 9-20-2012)

   D.   Beekeeping:

      1.   All beekeeping activities shall comply with the requirements of title 8 of this code.

      2.   The keeping of bee colonies on a lot of at least eight thousand (8,000) square feet shall be limited to the numbers of colonies as allowed by table 13.76.240.4 of this section.

 

(Ord. 2014-08, 6-5-2014)

   A.   Temporary Sales Permit Issuance: The community development director may issue a temporary use permit for a transient circus and/or carnival or other amusement enterprise of a similar nature, not to exceed three (3) consecutive days in one week as provided in section 13.08.090 of this title.

   B.   Seasonal Sales Permit Issuance: The community development director may issue a seasonal sales permit for Christmas tree sales, seasonal iced treat sales, seasonal fruit and vegetable sales or enterprise of a similar nature, not to exceed one hundred twenty (120) days per calendar year at the same location or within two hundred fifty feet (250') of a previously approved location, provided the proposed use meets the following requirements:

      1.   The location is on improved property including a main building with paved parking, and landscaping, curb, gutter and sidewalk as required by provisions of this title;

      2.   The display area outside the portable structure, is located a minimum of ten feet (10') behind the property line, is not on landscaped areas, or required parking spaces and does not obstruct access to the property;

      3.   All associated signs comply with the sign ordinance;

      4.   The structure complies with the yard requirements of the zone;

      5.   The structure, including display area, shall not be located within the clear view of intersecting streets; and

      6.   Written approval from the property owner to locate on the site, must accompany an application for a permit.

   C.   Permit Stipulations: In issuing a permit, the community development director may stipulate:

      1.   The length of time the permit may remain valid;

      2.   Hours of operation of the use; and

      3.   Other regulations that are necessary for the public welfare. (Ord. 2012-15, 9-20-2012)

Commercial daycare/preschool facilities, as defined in section 13.04.040 of this title, shall be subject to the following conditions:

   A.   Compatibility: Must be compatible with existing and proposed land uses in the vicinity;

   B.   State Recommendation: Receive recommendation of the state department of social services;

   C.   Parking: Provide required parking spaces on the site and an adequate pick up and delivery area;

   D.   Design And Scale: New construction must be compatible in design and scale of building with existing development in the area; and

   E.   Frontage: Site must have frontage on a street with an existing or proposed right of way of sixty feet (60') or greater, as identified on the road widening and improvement map attached to the ordinance codified herein and available in the planning commission office (except where the site is located in the P, R-M, C-1, C-2, or O-R-D zone). (Ord. 2012-15, 9-20-2012; amd. Ord. 2022-03, 1-20-2022)

It shall be deemed a commercial use and unlawful to rent or lease any dwelling or portion thereof located within any forestry or residential zones listed in chapter 13.11 of this title for lodging or accommodation purposes for a period less than thirty (30) consecutive days except as specifically allowed in the R-2-8, R-2-10, and R-M zones. (Ord. 2012-15, 9-20-2012)

Any detached single-family or two-family dwelling located on an individual lot outside of a mobile home park or mobile home subdivision must meet the off street parking requirements in chapter 13.32 of this title and the following standards in addition to any others required by law except as provided in subsection I of this section:

   A.   Code Requirements: The dwelling unit must meet the city building code or, if it is a manufactured home, it must be certified under the national manufactured housing construction and safety standards act of 1974, and must have been issued an insignia and approved by the U.S. department of housing and urban development, and must not have been altered in violation of codes. A used manufactured home must be inspected by the city building official or his designated representative prior to placement on a lot to ensure it has not been altered in violation of such codes.

   B.   Taxation: The dwelling must be taxed as real property. If the dwelling is a manufactured home, an affidavit must be filed with the state tax commission pursuant to Utah Code Annotated section 59-2-1115.

   C.   Utility Connection: The dwelling must be permanently connected to and approved for all required utilities.

   D.   Storage Area: The dwelling must provide a minimum of seventy two (72) square feet (per dwelling unit) of enclosed storage, with a minimum height of six feet (6'), located in the basement or garage area or in an accessory storage structure. Such structure shall conform to all applicable building codes.

   E.   Foundation: The dwelling must be attached to a site built permanent foundation which meets the uniform building code or, if the dwelling is a manufactured home, the installation must meet the ICBO guidelines for manufactured housing installations, including any successors to these standards, and the space beneath the structure must be enclosed at the perimeter of the dwelling in accordance with such ICBO guidelines, and constructed of materials that are weather resistant and aesthetically consistent with concrete or masonry type foundation materials. At each exit door there must be a landing that is a minimum of thirty six inches by thirty six inches (36" x 36") and that is constructed to meet the requirements of the uniform building code. All manufactured home running gear, tongues, axles and wheels must be removed at the time of installation.

   F.   Roof Pitch: At least sixty percent (60%) of the roof of the dwelling must be pitched at a minimum of two and one-half to twelve (2.5:12) and shall have a roof surface of wood shakes, asphalt, composition, wood shingles, concrete, fiberglass or metal tiles or slate or built up gravel materials.

   G.   Siding: The dwelling shall have exterior siding material consisting of wood, masonry, concrete, stucco, masonite, or metal or vinyl lap, or any material meeting the uniform building code or materials of like appearance approved by the community development director. The roof overhang must not be less than six inches (6"), including rain gutters which may account for up to four inches (4") of overhang, measured from the vertical side of the dwelling. The roof overhang requirement shall not apply to areas above porches, alcoves and other appendages which together do not exceed twenty five percent (25%) of the length of the dwelling. The roof overhang may be reduced to two inches (2") on the side of the dwelling facing the rear yard except on corner lots.

   H.   Width: The width of the dwelling shall be at least twenty feet (20') at the narrowest part of its first story for a length of at least twenty feet (20') exclusive of any garage area. The width shall be considered the lesser of the two (2) primary dimensions. Factory built or manufactured homes shall be multiple transportable sections at least ten feet (10') wide unless transportable in three (3) or more sections, in which case only one section need be ten feet (10').

   I.   Deviations May Be Approved: The community development director may approve deviations from one or more of the developmental or architectural standards provided in subsections E through H of this section on the basis of a finding that the architectural style proposed provides compensating design features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity. The determination of the community development director may be appealed to the administrative appeals officer pursuant to the provisions of chapter 13.09 of this title.

   J.   Replacement; Compliance Required: Replacement of an existing nonconforming manufactured home on a lot outside a mobile home park or mobile home subdivision shall comply with all requirements herein. (Ord. 2012-15, 9-20-2012)

   A.   Prohibited Excavations: Notwithstanding any other provision of this code, it shall be unlawful to grade, fill or excavate any land in any manner which presents an unreasonable risk of erosion, flooding, landslide or any other unsafe condition. It also shall be unlawful to erect any structure which will not be reasonably safe for use as human habitation because of risk of erosion, flooding, landslide, earthquake related hazard or any other unsafe condition.

   B.   Cross Slopes Permitted; Conditions: Any area within a subdivision, or other parcel of real property, which has a slope greater than thirty percent (30%) shall remain ungraded, except for streets, roads, private access roads, and other vehicular routes. These routes shall be allowed to cross slopes between thirty percent (30%) and fifty percent (50%) if specifically authorized by the planning commission, upon the favorable recommendation of the community development director, after finding that all of the following conditions and constraints are applicable:

      1.   No alternate location for access is feasible or available;

      2.   No individual segment or increment of the street, road, private access road, or other vehicular route that will cross slopes between thirty percent (30%) and fifty percent (50%) exceeds one hundred feet (100') in length; and

      3.   The cumulative length of individual segments or increments that will cross slopes between thirty percent (30%) and fifty percent (50%) does not exceed ten percent (10%) of the total length of the street, road, private access road, or other vehicular route.

   C.   Subdivisions: Any area within a subdivision, or other parcel of real property, which has a slope greater than thirty percent (30%) shall not be graded, except for roadway purposes as provided in subsection B of this section. Areas with slopes between twenty percent (20%) and thirty percent (30%) may be graded; provided, that the area to be disturbed shall be less than one-half (1/2) of the area of such slopes.

   D.   Grading Plan: No grading, filling or excavation of land shall take place on a hillside or an area with an average slope of twenty percent (20%) or greater until a grading plan has been submitted and approved by the city engineer and a grading permit issued by the community development department.

   E.   Preparation And Compaction Of Fill Material: Any fill material shall be prepared and compacted as specified in the city's then effective building code.

   F.   Steepness Of Slopes: Cut and fill slopes shall be no steeper than two feet (2') horizontal to one foot (1') vertical.

   G.   Tops Or Toes Of Slopes: Tops or toes of slopes shall be set back from property boundaries as required by the city's then effective building code.

   H.   Lot Size And Usable Area For Single-Family Dwelling Units: The minimum lot size and minimum usable area with respect to parcels of real property upon which single-family dwelling units may be located shall be determined by reference to the following table:

 

 

   I.   Location Of Single-Family Dwelling Structures: Single- family dwelling structures shall not be located farther than one hundred fifty feet (150') from the nearest public street; provided, however, that the planning commission may grant all exception to this requirement if its review of utility services, fire access, surrounding land conditions, coordination of development or similar circumstances warrants the exception.

   J.   Maintenance And Erosion Control: Areas which have been graded shall be prepared and perpetually maintained to control erosion. After approval of the city engineer and its building inspector, and prior to calling for final inspection, the area shall be planted with appropriate vegetation. Where necessary, check dams, cribbing, riprap and other devices or methods approved by the city engineer shall be employed to control erosion. If the final grading is completed between October 15 and March 15 of the next year, then organic cover material shall be placed on the graded area to eliminate erosion until the soil can be permanently planted.

   K.   Natural Vegetation: Natural vegetation shall remain in areas where grading is not permitted, and additional mitigation measures may be required by the city engineer in ungraded and graded areas to prevent erosion and slope failures.

   L.   Drainage Systems For Surface Water: Surface water runoff drainage systems shall be designed and installed to carry water to the nearest practicable drainageway. Drainage systems shall be approved by the city engineer.

   M.   Ridgeline Protection Areas: No development shall intrude into any ridgeline protection area that has been identified and designated by the city during the development review and approval process for any development or redevelopment within the city. For the purposes of this chapter, "designated ridgeline protection areas" shall consist of prominent ridgelines that are highly visible from public rights of way or trails, and shall include the crest of any designated hill or slope, plus the land located within one hundred feet (100') horizontally (map distance) on either side of the crest. (Ord. 2012-15, 9-20-2012)

   A.   Purpose Statement: This section consists of supplemental regulations pertaining to the development or redevelopment of land uses, near waterways. Protection areas are therefore established within one hundred feet (100') of a natural waterway and twenty feet (20') from a canal system. Development standards within these areas are established to minimize erosion and stabilize stream banks, improve water quality, reduce potential for flood damage, preserve tree canopy, as well as to preserve in function and capacity all man-made canals, ditches and other irrigation facilities. Whenever there is a conflict between the regulations of a base zoning district and those described within this section, the regulations of this section shall prevail.

   B.   General Provisions:

      1.   Applicability: The regulations set forth in this section supplement those regulations in the underlying base zoning district. In General, no person shall engage in any ground disturbing activity, development or demolition within 100 feet of a natural waterway and or 20 feet from a canal on a lot or parcel that will remove, fill, dredge, clear, grub, destroy, armor, terrace, or otherwise impact a waterway protection area through manipulation of soil or other material except as allowed by:

         a.   Provision defined within this section.

         b.   Site plan approval by Planning Commission in conjunction with the site plan approval processes set forth in chapter 13.08 of this title.

         c.   The U.S. Army Corps of Engineers, Salt Lake County Flood Control, the Utah State Engineer, or any other government agency with jurisdiction over land within waterway protection buffer, and

      2.   Relationship to Other Laws: The requirements of this section shall apply to other applicable federal, state, county, or city law or regulation.

         a.   Compliance with the requirements of this section shall not relieve a landowner from compliance with other applicable provisions of Title 13 and Title 17 of this code except as expressly otherwise set forth in this section.

         b.   If a landowner proposes a use or development which is dually located within the areas described in this section and those areas located within the jurisdiction of a federal or state government agency or Salt Lake County, the landowner shall apply for approvals from both applicable jurisdictions. If the relevant federal, state, or county agency approves the use or development as in compliance with the agency’s requirements, then the City shall issue a Waterway Protection Permit, subject to compliance with the federal, state, or county approval and shall not independently review the use or development for compliance with this section.

         c.   Salt Lake County utility services shall not be required to obtain a Waterway Protection Permit for any county flood control activity authorized by the Utah code within or along a natural waterway. However, Salt Lake County shall obtain a Waterway Protection Permit for any stream restoration and non-flood control development or other use located within the areas as described in section 13.76.400E(2).

         d.   A city department or other canal company, irrigation water provider or agency that conducts a use or development within a protection area shall follow the requirements of this section and obtain a Waterway Protection Permit if required.

   C.   Decision Making Authority:

      1.   Community and Economic Development Director (CED Director): Upon receiving a recommendation from the city engineer, the CED Director shall be responsible for implementing and administering the provisions of this section. The CED Director:

         a.   May not make any decision involving land use, zoning, subdivision, legal-conformity in a zoning district, historic preservation, restoration, rehabilitation, or demolition of any structure except as expressly set forth in this section;

         b.   Shall expedite the permit review process only if an applicant reasonably demonstrates imminent danger to individuals or property is associated with the subject land;

         c.   May adopt reasonable procedures, including approval of general permits, to implement the provisions of this section; and

         d.   May designate one or more staff persons within the department to carry out these responsibilities. Wherever this section refers to the CED Director, such reference shall also include the Director’s designee.

      2.   Technical Review Committee (TRC): The TRC shall review the application for completeness and make recommendation as per the process and procedure set forth in subsection D.

      3.   Appeal Of Decision: Any person adversely affected by any decision made may, within thirty (30) days, apply for an appeal as per 13.101 Appendix B.

   D.   Review Process and Procedure:

      1.   Waterway Protection Permit: An application for all activity, as regulated within this section, shall be created and maintained on file by the Community and Economic Development Department.

      2.   Site plan requirements: To accompany the Waterway Protection Permit application the following site plan elements shall be provided.

         a.   Subject property with all recorded property lines marked and;

         b.   The name, location and dimensions of the applicable water;

         c.   The Annual High Water (AHWL) Line and each protection area as defined, labeled with contour elevations;

         d.   The location and setback of existing and proposed buildings and structures from the AHWL;

         e.   Existing and proposed grades, labeled with contour elevations;

         f.   All trees greater than 2" caliper, with trees proposed for removal highlighted and tree replacement plan as per Section 13.77;

         g.   FEMA floodplains, geological faults, high liquefaction areas, and slopes thirty percent (30%) or greater;

         h.   Such other and further information or documentation as the City Engineer may reasonably deem necessary for proper consideration of a particular application, including, but not limited to, geotechnical and hydrological reports required under subsection F8 of this section.

      3.   Annual High-Water Line: The waterway corridor delineated at the elevation of water during annual high-water level. The AHWL is to be located at the horizontal soil and vegetative boundary that distinguishes between predominantly aquatic and predominantly terrestrial lands.

         a.   A boundary location or delineation required under this section shall be prepared by a qualified licensed professional engineer or qualified environmental scientist.

         b.   When the AHWL cannot be found, the City Engineer may approve the AHWL delineation which meets the intent of this section.

      4.   Determination Of Completeness: Upon receipt of an application for a Waterway Protection Permit, the TRC shall make a determination of completeness of the application and remit the application the CED Director for review.

   E.   Waterway Protection Areas:

      1.   Undeveloped Land: The following protection areas are established for undeveloped lots of record, created after the adoption date of this ordinance:

         a.   Big Cottonwood, Heughs Canyon Creek, Spring Creek:

            (1)   Area A: located between the AHWL and fifty feet (50') from the AHWL; and

            (2)   Area B: located between fifty (50') one hundred feet (100') from the AHWL.

   Figure A.

         b.    U pper , Jordan and Salt Lake Can als: refer to 2(b) of this section

      2.     Developed Land: The following protection areas are established for existing and developed lots or parcels:

         a.   Big Cottonwood, Heughs Canyon Creek, Spring Creek:

            (1)   Area A: located between the AHWL and twenty-five feet (25') from the AHWL;

            (2)   Area B: located between twenty-five (25') and fifty feet (50') from the AHWL; and

            (3)    Area C: locat ed betw een fifty (50') and one hun dred feet (100 ') from the AH WL.

   Figure B.

         b.   Upper, Jordan and Salt Lake Canals:

            (1)   Area A: located between the AHWL and top of bank; and

            (2)    Area B: located between the AHWL and twenty feet (20') from the AHWL.

   Figure C.

      3.   Steep Slope And Soil Stability Standards: Steep slopes are vulnerable to erosion and rely on vegetation to help stabilize them. Area A as described in this section, Area A shall be extended in relation to the steepness of the slope as provided in Figure C.

         a.   As part of a WWPP, when unstable soils are suspected or observed, regardless of the slope the City Engineer may require a geotechnical report and increase the no disturbance line or setbacks for structures or buildings from the AHWL to ensure safety.

   Figure D.

   F.   Permitted Uses and Activities by Area:

      1.   Undeveloped Land: Permitted uses and activities allowed on an undeveloped lot of record abutting Big Cottonwood Creek, Heughs Canyon Creek or Spring Creek established on or after the adoption date of this ordinance are shown on Chart 13.76.401

         a.   Any use or development not shown on this table shall be prohibited unless determined by the CED Director, upon recommendation by the City Engineer, to be substantially similar in use to those shown as permitted.

         b.   Uses proposed on undeveloped land abutting a canal shall adhere to Chart 13.76.402, Abutting Upper, Jordan and Salt Lake Canals.

CHART 13.76.401
USES ALLOWED ON UNDEVELOPED LAND

 

      2.   Developed Land: Permitted uses and activities on a developed lot or parcel within the waterway protection area are shown on Chart 13.76.402.

         a.   Any use or development not shown on this table shall be prohibited unless determined by the CED Director, upon recommendation of the City Engineer, to be substantially similar in use to those shown as permitted.

         b.   Maintenance, upkeep and use of any lawfully established land use, development, or structure existing on or after the 4th of March which is found to be in violation of these provisions shall be deemed legal, non-conforming and is authorized to continue as provided in this Section 13.76.400 of this Title.

CHART 13.76.402
USES ALLOWED ON DEVELOPED LAND

 

 

      3.   Public Works and Utilities: In addition to the uses listed on the foregoing tables, the city public works and utility providers may work within the waterway protection area as provided herein:

         a.   Emergency Work: Emergency work to protect an immediate threat to continuity of services, life or land is permitted. Work shall adhere to the following procedures:

            (1)   The utility undertaking the work shall notify the city of activity within twenty-four (24) hours thereafter.

            (2)   Any stream channel or riparian area damaged as a result of utility work shall be restored. The Community and Economic Development Department shall issue a WPP for such restoration work and shall inspect and approve the work undertaken

            (3)   Temporary emergency structures, sandbags, and other emergency related materials shall be removed from the site in a timely manner.

         b.   Other Work: the following work may be undertaken without a Waterway Protection Permit:

            (1)   Channel or riparian restoration;

            (2)   Maintenance, including storm drainage system, irrigation structures, utility and street work;

            (3)   Projects approved by the city, including, but not limited to, new utility or street work; bridge maintenance, repair, replacement, or new construction; public trails, such as bike and pedestrian paths located on publicly owned land;

            (4)   Public gathering places such as amphitheaters and gazebos located on publicly owned land;

            (5)   Maintenance of access roads or easements; and

            (6)   Utility service devices such as stormwater lift stations and irrigation structures.

         c.   Equipment: Plans submitted for a WPP shall include a description of equipment to be used for any work proposed. Such equipment shall be sufficiently sized for the task and chosen to minimize any impact to a stream channel and the riparian corridor area.

         d.   Construction Design Standards: The project engineer shall develop construction design details and standards applicable to projects approved under this subsection.

   G.   Use, Activity and Development Standards: The following standards are established and shall be conducted as per WPP approval and shall be consistent with any other federal or state regulations.

      1.   Area A: Minor Ground Disturbing work without the use heavy equipment shall be allowed as follows:

         a.   Replacement of a structure within Area A is not allowed;

         b.   New construction or maintenance of access stairs and paths using natural materials;

         c.   Minimal Ground Disturbance; maximum cut, fill of 6";

         d.   An open permeable patio using natural materials and constructed in a manner that:

            (1)   Will not impede any high-water flow above the AHWL;

            (2)    Does not change the existing grade; and

            (3)   Is not greater than one hundred fifty (150) square feet;

         e.   Low impact stream crossings;

         f.   Construction of open fencing which is non-parallel to a waterway;

         g.   Maintenance of existing irrigation and flood control devices; and

         h.   Installation and maintenance of erosion control devices, approved, if necessary, by the U.S. Army Corps of Engineers, Salt Lake County Flood Control, the Utah State Engineer or any other governmental authority with jurisdiction.

      2.   Area B: Use and Activities shall be allowed as follows:

         a.   Open, paver or flagstone patios which do not involve footings or foundations or existing a grade change of more than two feet (2'), and floating surface decks with pre-cast deck block footings measuring no higher than two feet (2') above existing grade;

         b.   Minimal Ground Disturbance; maximum cut, fill of 24";

         c.   Replacement of a structure within Area B shall require a WPP and is allowed, consistent with the continuation of a legal, nonconforming uses and structures as set forth in chapter 13.88 of this title, if all of the following apply:

            (1)   The structure replaces a preexisting use or lesser impact of a similar use pursuant to compliance with the underlying zoning district standards;

            (2)   No portion of the footprint of the replacement structure is any closer to the AHWL than the nearest point of the preexisting footprint;

            (3)   The total square footage of the portion of the footprint of the new structure to be located within area A and/or B does not exceed the total square footage of the original footprint;

            (4)   Does not require further armoring of the stream bank; and

            (5)   Is not located in any unstable area due to movement of a steep slope, unstable soils, or geological activity along a fault that will not support the structural footprint.

      3.   Building Expansion and Replacement: An existing, legally established structure may be expanded or replaced as follows:

         a.   Area A: expansion of accessory structures of up to ten percent (10%) as provided by a WWPP if such expansion does not result in any structure being built closer to the AHWL than any portion of the existing structure.

            (1)   As a tradeoff for allowing expansion or with a larger accessory structure, The CED Director shall require, as a condition of the WWPP, that the landowner spend five percent (5%) of the project cost on stream bank restoration or specify a minimum number of linear feet of stream bank that shall be restored based on the size of the expansion and consistent with any purpose or goals of the General Plan or as may be adopted and any subsequent restoration project applicable to the waterway corridor. Completion of required work to be verified by the City Engineer.

         b.   Area B: Replacement of a primary or accessory structure within Area B as provided by a WWPP and does not result in any portion being built closer to the AHWL. Expansion of the structure is limited to Area C and beyond the Waterway protection area.

      4.   Use Of Heavy Equipment In Areas A and B: Heavy equipment may be used as provided by a WPP issued pursuant to standards promulgated by the public utilities director to minimize and mitigate impacts from the use thereof, and subject to any applicable federal, state, and county requirements.

      5.   Tree Removal And Replacement: Trees located in areas A, B, or C as described in this section are protected and regulated as Community Trees under section 13.77.090 of this title.

         a.   The CED Director may review and approve a general permit for tree stump removal with area B or C. Removal of any tree stump located within zone A (25') of the AHWL shall be approved by the city engineer.

   H.   Piping of Existing Canals and Ditches: Irrigation ditches, also known as “laterals”, and canals were historically designed and used as open channel water conveyances, however, urban encroachment has created a need to pipe these facilities. Piping of existing open channel facilities is permissible subject to the following:

      1.   A WPP approval and signed recordable instrument, kept on file with the department (“Irrigation Protection Agreement”) is required for altering size or alignment of any irrigation canal, ditch, or other means of conveyance.

      2.   The permit will be subject to the review and approval of the City Engineer and as appropriate the City Attorney; and

      3.   The Irrigation Protection Agreement shall be recorded against title of the property conveying the purpose of perpetual and continual maintenance and condition of the facility within the subject property.

   I.   Trails: Trails may be established along a publicly owned right of way within any area located in the Waterway Protection Area.

      1.   A WPP shall be required for a trail located in area A.

      2.   Public access to private land adjoining a stream channel shall be prohibited unless authorized by the landowner or pursuant to an access easement. (Ord. 2021-04, 3-4-2021)

The following standards shall apply to all garage sales at residences within the City:

   A.   Frequency: Frequency limited to three (3) times per calendar year. There shall be no more than three (3) garage sales at a residence per calendar year. The "calendar year" is defined as January 1 through December 31. Garage sale events must be separated by at least a fourteen (14) day period.

   B.   Duration Of Sale: A garage sale is permitted for a period no longer than three (3) consecutive days.

   C.   Location Of Garage Sale: The garage sales shall be located at the actual residence of the owner of the materials to be sold. In the occurrence of a neighborhood garage sale event (i.e., 3 to 5 neighbors pool their belongings into a super garage sale), the materials must be located at the residence of one of the participating sellers.

   D.   Commercial Areas: Temporary sales within commercial areas are permitted as regulated elsewhere in this Code. (Ord. 2012-15, 9-20-2012)

   A.   Permanent Foundation Required: In all commercial zones, all structures including prefabricated units, enclosures and metal containers are to be on a permanent foundation except those approved by the Community Development Director to be temporary and for a limited designated time period not to exceed four (4) months in a twelve (12) consecutive month period of time.

   B.   Removal Of Structure: Temporary buildings for uses incidental to construction work must be removed upon the completion of the construction work. If such buildings are not removed within ninety (90) days upon completion of construction work and thirty (30) days after notice, the building will be removed by the City at the expense of the owner. (Ord. 2012-15, 9-20-2012)

(Rep. by Ord. 2013-22, 9-5-2013)

See section 13.98.020 of this title. (Ord. 2012-15, 9-20-2012)

   A.   Purpose And Intent: This section is adopted to promote public safety and the general public welfare; to protect property against loss from erosion, earth movement and flooding; to maintain a superior community environment; to provide for the continued orderly growth of the City; and to ensure the maximum preservation of the natural scenic character of major portions of the City by protecting against detrimental impacts to neighboring properties due to large changes in the natural grade and topography; to prevent large unsightly exposed surfaces of retaining walls that attract graffiti, generate large amounts of heat and runoff, and create significant incompatibility between the grades of neighboring properties; and to encourage preservation of the natural grade and topography, and to encourage adaptation of new development to existing grades; to establish minimum standards and requirements relating to land grading, excavations, and fills, and procedures by which these standards and requirements may be enforced. It is intended that this section be administered with the foregoing purposes in mind and specifically in an attempt to:

      1.   Ensure that the development of each site occurs in a manner harmonious with adjacent lands so as to minimize problems of drainage, erosion, earth movement and similar hazards.

      2.   Ensure the public lands and places, watercourses, streets, and all other lands in the City are protected from erosion, earth movement or drainage hazards.

      3.   Ensure that the planning, design and construction of all development will be done in a manner which provides maximum safety and human enjoyment and except where specifically intended otherwise, makes such construction as unobtrusive in the natural terrain as possible.

      4.   Ensure the maximum retention of natural vegetation to aid in protection against erosion, earth movement and other hazards and to aid in preservation of the natural scenic qualities of the community.

      5.   Provide for a recordable instrument of acknowledgement executable by the property owner accepting maintenance of grading and/or surface water retention improvements. (Ord. 2018-16, 10-11-2018)

   B.   Permit Required:

      1.   Grading permits are required for work on new developments, construction projects, rivers, washes, streams, floodplains, detention basins, dams, ditches, drainage culverts, slopes in excess of fifteen percent (15%), rock pits, roads, utilities, well drilling. Permitted and non-permitted work shall not encroach nor impact on adjacent properties. Sanitary (garbage) landfills and hazardous material depositories shall not be allowed. A grading permit may be combined with a building permit.

      2.   For work requiring a permit, plans and specifications shall be completed by a registered professional engineer and/or a registered professional landscape architect or registered professional arborist.

      3.   Retaining walls in excess of four feet (4') require a permit. Plans shall be submitted in accordance with subsection F of this section. (Ord. 2019-04, 2-28-2019)

      4.   Approved permits shall be issued upon execution of an acknowledgement of "Site Grading Management Agreement" kept on file with the City, which shall be recorded against the property.

   C.   Responsibility: Failure of the City officials to observe or recognize hazardous or unsightly conditions, or to recommend denial of the conditional use permit, or of the Planning Commission to deny said permit shall not relieve the permittee from responsibility for the condition or damages resulting therefrom.

   D.   Retention Of Plans: Plans, specifications and reports for all conditional use permit applications submitted to the City for approval shall be retained by the City for a minimum period of two (2) years.

   E.   Inspections:

      1.   The Community Development Director and building official, with assistance from the City Engineer, shall make the inspections of all projects under "permit". Where it is found that conditions substantially differ from those stated or shown in the conditional use permit application, the City may stop further work until and unless approval is obtained for a revised grading plan conforming to the existing conditions.

      2.   Plans for grading work shall be maintained at the site during the progress of the grading. Until the final inspection is made, the building permit shall be prominently displayed near the front property line of the property involved so as to be visible from the street on which the property fronts.

      3.   In order to obtain inspections, the permittee shall notify the City twenty four (24) hours before said inspection is to be made.

      4.   Inspections shall be made:

         a.   Before commencement of grading operations and after required construction stakes have been set; and

         b.   When all rough grading has been completed; and

         c.   When all work, including installation of all drainage and other structures and required planting, has been completed.

   F.   Standards And Specific Requirements For Grading And Retaining Wall Systems:

      1.   All grading, fill work and excavation shall comply with the requirements set forth in this chapter in addition to other requirements of this Code.

      2.   All grading and excavation in or adjacent to residential neighborhoods shall comply with the City's noise ordinance.

      3.   All graded or disturbed surfaces of excavations, and all equipment materials and roadways on the site shall be dampened or suitably treated, managed, or contained to prevent the deposit of dust on neighboring properties; all materials transported to or from the site shall be so contained during transportation as to prevent spillage on streets or other property outside of the site.

      4.   Maximum unretained or exposed slope of a permanent cut and fill area shall be thirty percent (30%). The City Engineer may require the percent of slope of a cut or fill to be reduced if it is found that the cut or fill is subject to unusual or excessive erosion, or if other conditions make such requirements necessary for stability.

      5.   All fill, except in publicly approved refuse disposal or other landfill operations, shall be earth, rock, or other inert materials free from organic material and free of metal, and except that topsoil spread on cut and fill surfaces may incorporate humus for desirable moisture retention and plant growth properties.

      6.   Adequate provisions shall be made to prevent any surface waters from damaging the cut face of an excavation or any portion of a fill. All drainage ways and structures shall carry surface waters without producing erosion to the nearest practical street, storm drain or natural watercourse acceptable to the City Engineer as a safe place to deposit and receive such waters. The City Engineer may require such drainage structures to be constructed or installed as necessary to prevent erosion damage or to prevent saturation of the fill or material behind cut slopes.

      7.   Exposed or finished cuts or slopes of any fill or excavation shall be smoothly graded to a maximum slope of thirty percent (30%). All exposed slopes of any cut or fill shall be protected from erosion or sloughing by approved plantings or graded terracing, crib walls or walls and planting, terracing, or combination thereof.

      8.   Artificial Grade Alterations:

         a.   Grading intended to raise and level the developable area of a site to support driveways, patios or other structures shall be limited to a maximum of two feet (2') above the averaged grade elevations of the abutting properties.

         b.   Maximum depth of backfilled grades within four feet (4') of a property line shall be two feet (2') and finished at a 1:1 slope.

      9.   Retaining walls or retaining wall systems within a required yard setback require review and approval by the City Engineer and shall be located, designed and constructed as follows.

      For the purposes of this section a retaining wall or grade retaining system may include, but is not limited to, gravity, crib, gabion, cantilever, rip-rap boulder or anchored systems designed to retain lateral soil loads.

      FIGURE 13.76.1

         a.   Prohibited Locations: No retaining wall or retaining wall system shall be constructed on a property line, or within a recorded easement(s) as shown in figure 13.76.1.

         b.   Retaining walls holding the cut soil of the natural slope shall designed and constructed as shown in figure 13.76.1.

            (1)   Minimum one foot (1') setback to any footing of the retaining wall.

            (2)   The maximum height of any retaining wall shall not exceed six feet (6') below the natural grade.

            (3)   The area to be cut and retained shall not to exceed twenty percent (20%) of the required setback area.

            (4)   Retaining walls located in a required front yard or required corner side-yard setback, along a public or private right-of-way, shall be set back a minimum of four feet (4') from the right-of-way line.

            (5)   Each subsequent retaining wall must be accompanied by a horizontal landscaped offset measuring no less than the height of the retaining wall.

            (6)   Guard rails, barriers, or other screening type structures used in conjunction with a retaining wall shall not exceed forty two inches (42") above the top of the wall.

         c.   Retaining walls or retaining wall systems holding artificially backfilled grades within a required setback shall be designed and constructed as shown in figure 13.76.1, Retaining Backfilled Grades.

            (1)   Minimum of an eight foot (8') setback required for any retaining wall system.

            (2)   Each subsequent retaining wall must be accompanied by an additional, horizontal landscaped offset of eight feet (8').

            (3)   The maximum height of any retaining wall shall not exceed four feet (4') measured from the natural grade. Height shall be stepped horizontally every ten feet (10') to accommodate the natural topography.

            (4)   Guard rails, barriers, or other screening type structures used in conjunction with a retaining wall shall not exceed forty two inches (42") above the top of the wall.

         d.   Retaining walls or retaining wall systems adjacent a natural waterway or canal shall adhere to the provisions set forth in section 13.76.400 of this title.

      10.   Retaining walls associated with a residential or nonresidential, planned development use may be approved by the Planning Commission upon recommendation of the Technical Review Committee according to procedures set forth in section 13.78 of this title.

      11.   Any pipe trench or other trenching or excavation made in any slope of any excavation or filled site shall be backfilled and compacted to the level of the surrounding grades.

      12.   Unless otherwise directed by the City Engineer, all fills governed by this Code intended to support buildings, structures, or where otherwise required to be compacted for stability, shall be compacted, inspected and tested in accordance with the following provisions:

         a.   The natural ground surface shall be prepared by removal of topsoil and vegetation and, if necessary, shall be graded to a series of terraces;

         b.   The fill shall be spread in a series of layers, each not exceeding six inches (6") in thickness, and shall be compacted by "sheepsfoot" roller compactor (after each layer is spread) or other method acceptable to the City Engineer;

         c.   The moisture content of the fill material shall be controlled at the time of spreading and compaction to obtain required maximum density;

         d.   The fill material after compaction shall have an average dry density of not less than ninety five percent (95%) of maximum dry density and a minimum of ninety percent (90%) in all portions of the fill requiring compaction as determined by the AASHO soil compaction test method T180-57, or other testing method acceptable to the City Engineer;

         e.   A written report of the compaction, showing location and depth of test holes, materials used, moisture conditions, recommended soil bearing pressures, and relative density obtained from all tests, prepared by a civil engineer or soils engineer licensed by the State of Utah, shall be submitted to the City Engineer; and

         f.   The Community Development Director and/or the City Engineer may require additional tests or information if, in his opinion, the conditions or materials are such that additional information is necessary, and may modify or delete any of the above listed requirements that in his opinion are unnecessary to further the purpose of this Code.

      13.   All cut and fill surfaces created by grading except for firebreak purposes shall be seeded with a ground cover that is compatible with the natural ground covers in the City. Topsoil is to be stockpiled during rough grading and used on cut and fill slopes. When slopes too steep to support continuous ground cover have been permitted and in lieu thereof niches and ledges provided for planting, such slopes need not be planted with a continuous ground cover, but may instead be screened with vines and plantings. Cuts and fills along public roads may be required to be landscaped so as to blend into the natural surroundings. All plant materials must be approved by the Community Development Director prior to issuance of a conditional use permit.

      14.   Filling of the ground for agricultural or fire protection purposes shall be accomplished with such practices as will prevent erosion and damage to natural drainage channels. (Ord. 2018-16, 10-11-2018; amd. Ord. 2020-12, 7-16-2020))

   G.   Final Inspection:

      1.   If upon final inspection of any grading it is found that the work authorized by the conditional use permit has been satisfactorily completed in accordance with the requirements of this Code and any other requirements imposed, the Community Development Director shall issue a certificate of compliance.

      2.   The Planning Commission shall have the power to revoke any conditional use permit whenever it is found that the work covered by the certificate has been materially extended or altered without prior approval, or that any planting, retaining walls, cribbing, drainage structures, or other protective devices as shown on the approved plans and specifications submitted with the application for a permit have not been maintained in good order and repair.

      3.   Before such revocation, the Community Development Director shall first give fifteen (15) calendar days' written notice to the owner of the property involved, specifying the defective condition and stating that unless such defective condition is remedied satisfactorily, the conditional use permit may be revoked. If the defective condition is remedied to the satisfaction of the community development director, the certificate shall not be revoked.

   H.   Special Precautions:

      1.   Special precautions shall be taken to preserve life, property values, stable soils conditions and aesthetics, including, but not limited to, the following:

         a.   Requiring a level exposed slope, construction of additional drainage facilities, berms, terracing, compaction, or cribbing, installation of plant materials for erosion control, and reports of a registered soils engineer and/or engineering geologist whose recommendation may be made a requirement for further mitigation of unstable conditions. (Ord. 2012-15, 9-20-2012)

         b.   Where it appears that storm runoff damage may result from work performed hereunder, such work may be stopped and the permittee required to take such measures as may be necessary to protect adjacent property or the public safety. On large operations or where unusual site conditions prevail, the community development director may specify the time at which grading may proceed and the time of completion or may require that the operation be conducted in specific stages so as to ensure completion of protective measures or devices prior to the advent of seasonal rains. (Ord. 2015-02, 2-5-2015)

   I.   Excavations:

      1.   All excavations shall be limited as follows:

         a.   No cut slope shall exceed a vertical height of fifty feet (50') unless horizontal benches with a minimum width of twenty feet (20') are installed at each fifty feet (50') of vertical height.

         b.   No excavation shall be made with a cut face steeper in slope than two horizontal to one vertical (2:1) unless otherwise approved by the community development director based on the recommendation of a professionally prepared soils report and/or after supporting data supplied by the applicant. In no case shall slopes be cut steeper than the bedding planes, fault or joint in any formation where the cut slope will lie on the dip side of the strike line of the fracture, bedding plane, fault or joint. No slopes shall be cut in an existing landslide, mudflow, or other form of naturally unstable slope except as recommended by a qualified geological engineer. Where the excavation is exposed straight above the top of the cut that will permit the entry of water along bedding planes, this area shall be sealed with a compacted soil blanket having a minimum thickness of two feet (2'). The soil for this blanket shall be relatively impervious and must be approved for such use by the soils engineering geologist. If the material of the slope is of such composition and character as to be unstable under the anticipated maximum moisture content, the slope angle shall be reduced to a stable value.

      2.   No excavation for construction of new utility lines shall be made in paved public streets within three (3) years after paving. During said three (3) year period, utility excavations may be authorized by the city for emergency reasons and when delaying such excavation would cause undue hardship provided that pavement repair and mitigation measures acceptable to the city engineer are implemented.

   J.   Fills:

      1.   All fills shall be limited as follows:

         a.   No fill slope shall exceed a vertical height of fifty feet (50') unless horizontal benches with a minimum width of twenty feet (20') are installed at each fifty feet (50') of vertical height.

         b.   No fill shall be made which creates an exposed surface steeper in slope than two horizontal to one vertical (2:1) unless otherwise approved by the community development director based on the recommendations of a professionally prepared soils report and/or other supporting data provided by the applicant.

   K.   Prohibited Activities:

      1.   The provisions of this chapter shall not be construed as permitting the removal of topsoil solely for resale, or of permitting quarrying of any site within the limits of the city.

      2.   This chapter shall also not be construed as authorizing any person to maintain a private or public nuisance upon his or her property, and compliance with the provisions of this chapter shall not be a defense in any action to abate such nuisance.

   L.   Remediation: In addition to enforcement provisions pursuant to chapter 13.94 of this title, violations of this section shall be subject to mandatory remediation of the site as specified by the community development director with technical assistance from the city engineer. (Ord. 2012-15, 9-20-2012)

No fence, wall or hedge shall be erected or reconstructed unless in conformity with the regulations specified in this chapter.

   A.   Fencing Permit Required: No fence, wall or hedge shall be constructed or reconstructed within the setback area abutting a public street or private right of way without a fencing permit signed by the community development director or his designee.

   B.   Fences In The Front Yard Area:

      1.   The maximum height of any fence in the front yard area as defined in section 13.04.040 of this title and abutting a public street shall be four feet (4').

      2.   Exception:

         a.   A six foot (6') fence may be allowed when directly abutting the following public streets:

            Big Cottonwood Road (6200 South Street)

            Cottonwood Lane north of Walker Lane

            Highland Drive

            Holladay Boulevard

            Spring Lane

            Walker Lane west of the easternmost intersection of Cottonwood Lane

            2300 East north of Holladay Village zone boundary

            3900 South

            4500 South

            5600 South

         b.   In the front yard of any lot in an R-1 zone which has an area equal to or greater than one acre and:

            (1)   Is not view obscuring; or

            (2)   Made of chainlink.

         c.   And, the proposed fencing complies with the setback to height ratio as shown on figure 13.76.710(B) of this section.

      3.   The community development director may approve a fence up to five feet (5') in height in the second front yard area of a double frontage lot on a public street if the proposed fence is set back from the property line a minimum of two feet (2'). Gated access from the street is subject to a minimum setback from the property line of at least eighteen feet (18'). (Ord. 2017-02, 1-26-2017)

   C.   Fences In The Side And Rear Yard Areas:

      1.   The maximum height of any fence in the rear or side yard area, as defined in section 13.04.040 of this title, is six feet (6').

      2.   The community development director or his designee is authorized to approve, by permit, the installation of a fence up to eight feet (8') in height in the side and/or rear yard area of any lot or parcel provided that all the following conditions are met:

         a.   The proposed fencing is located along an interior side or a rear property line only. (Ord. 2012-15, 9-20-2012)

         b.   The proposed fencing does not encroach into any required setback area abutting a public street, any area designated for future street widening, and/or trail designation. (Ord. 2015-02, 2-5-2015)

         c.   The abutting property owners have agreed in writing to the request for additional height.

         d.   In the event an abutting property owner(s) to the rear (perpendicular) of a proposed interior side fence objects to the additional height, the additional height may be approved provided that the additional height does not commence any closer than ten feet (10') to the abutting property line of the objecting owner. (Ord. 2012-15, 9-20-2012)

The community development director finds the additional fencing is justified by the particular circumstances of the property such as, lot configuration, building placement on the lot, slope, and/or negative impacts to the property from adjacent uses. (Ord. 2015-02, 2-5-2015)

(Ord. 2012-15, 9-20-2012)

   D.   Fences In The Corner-Side Yard Area Abutting The Street:

      1.   The maximum height of a fence in the corner-side yard area as shown in figure 13.76.710(D1) of this section shall be five feet (5').

Note:

1.   Subject also to clear view restrictions.

      2.   The community development director may approve a fence up to six feet (6') in height in the corner-side yard area if the proposed fence is set back from the property line as shown on figure 13.76.710(D2) of this section.

(Ord. 2017-02, 1-26-2017)

   E.   Sport Court Fencing: The community development director or his designee is authorized to approve the installation of nonsight obscuring sport court fencing up to twelve feet (12') in height under the following circumstances:

      1.   The fence is not in the front yard area of the lot.

      2.   Sport court lighting shall not exceed eighteen feet (18') in height; and

         a.   The fixture must be hooded, shielded, and/or directed in such a manner that it illuminates only the user's premises.

         b.   The hood or shield must mask the direct horizontal surface of the light source. The light must be aimed to ensure that the illumination is only pointing downward onto the ground surface, with no escaping light permitted to contribute to sky glow by shining upward into the sky.

         c.   All fixtures shall be designed, installed, located and maintained such that nuisance glare onto adjacent properties shall be prohibited and all direct illumination kept within the boundaries of the fixture owners' property. (Ord. 2012-15, 9-20-2012)

      3.   The abutting property owner(s) have agreed in writing to the request for additional height. (Ord. 2015-02, 2-5-2015)

      4.   In the event an abutting property owner(s) objects to the additional height, the additional height may be approved provided that the additional fence height does not commence any closer than ten feet (10') to the abutting property line of the objecting owner.

   F.   Measurement Of Fence Heights: All fence heights shall be measured from natural grade as noted in the following illustration, except for fences abutting public roads/streets the basis for measuring height shall be the top back of curb or the elevation of the edge of the existing roadway.

   G.   Landscaping: When a fence is set back from the public right of way, the area in front of it shall be landscaped and maintained. The city encourages water wise landscaping wherever possible.

   H.   Clear View:

      1.   No obstruction in excess of two feet (2') in height shall be placed within the required clear view area of a corner lot as shown in figure 13.76.710(H) of this section.

      2.   No fences or other obstruction in excess of two feet (2') in height shall be placed within the required clear view area at driveways as shown in figure 13.76.710(H) of this section.

   I.   Vehicular Gates:

      1.   All gates must be set back from the public right of way at least eighteen feet (18') to permit vehicles to pull off the right of way before being stopped by the gate.

      2.   Decorative or ornamental features of entrance gates are allowed to exceed the permitted fence height up to a maximum height of eight feet (8').

   J.   Fencing Along Private Rights Of Way: Fences along private rights of way are exempt from the provisions of this section except that no fence constructed along the property line shall exceed eight feet (8') in height.

   K.   Nonconforming Fences: Existing fences within the corporate limits of the city as of June 19, 2003, are to be considered nonconforming.

   L.   Maintenance: All fences, both existing and new, and all parts thereof, shall be maintained in a safe and aesthetically pleasing condition. Graffiti shall be removed immediately upon notification. The owner or his designated agent shall be responsible for the maintenance of the fence. (Ord. 2012-15, 9-20-2012)

A bed and breakfast use may be approved by the planning commission if it meets all of the following standards:

   A.   The dwelling must:

      1.   Have frontage on a street with a minimum right of way of eighty feet (80');

      2.   Contain a maximum of five (5) guestrooms; and

      3.   Be occupied by the owner or individual responsible for operating the facility.

   B.   Breakfast may be served during the A.M. hours. Lunch or dinner may not be served.

   C.   This use shall not change the character of the dwelling or property for residential purposes.

   D.   The business shall meet the applicable requirements of titles 5 and 15 of this code, the Salt Lake Valley health department and the unified fire authority.

   E.   For a bed and breakfast use in the FR zones the following additional requirement shall apply:

      1.   The access to the site and the on site parking are available for use and maintained, including snow removal, throughout the entire year; and

      2.   An approved drinking water supply and wastewater disposal system is available that is capable of supporting the use throughout the entire year, and is approved by the health department prior to issuance of a license.

   F.   In the R-M zones, a bed and breakfast use shall only be approved on lots with a minimum area of ten thousand (10,000) square feet. (Ord. 2012-15, 9-20-2012)

A home daycare/preschool may be approved by the planning commission if it meets all of the following standards:

   A.   There shall be a maximum of twelve (12) children on premises at one time, including the caregiver's own children under the age of six (6) and not in full day school.

   B.   There shall be no more than one employee present at one time who does not reside in the dwelling.

   C.   The home daycare/preschool caregiver shall comply with all applicable licensing requirements under title 5 of this code.

   D.   The use shall comply with all applicable noise regulations.

   E.   The play yard shall not be located in the front yard and only shall be used between eight o'clock (8:00) A.M. and seven o'clock (7:00) P.M.

   F.   The lot shall contain one available on site parking space not required for use of the dwelling, and an additional available on site parking space not required for use of the dwelling for each employee not residing in the dwelling. The location of the parking shall be approved by the community development director to ensure that the parking is functional and does not change the residential character of the lot.

   G.   No signs shall be allowed on the dwelling or lot except a nameplate sign.

   H.   The use shall comply with all local, state and federal laws and regulations.

   I.   Upon complaint that one or more of the requirements of this section or other city ordinance is being violated by a home daycare/preschool caregiver, the city shall review the complaint and, if substantiated, may: 1) set a hearing before the planning commission to revoke the conditional use permit; and/or 2) institute a license revocation proceeding under title 5 of this code.

   J.   All property owners within a five hundred foot (500') radius of the caregiver's property shall be mailed notice concerning the licensing of a home daycare/preschool, at such property.

      1.   Such notice shall not be a condition precedent to the legality of such license, and

      2.   No such license shall be deemed invalid or illegal because of a failure to mail such notice. (Ord. 2012-15, 9-20-2012)

A small home daycare/preschool is exempt from the home occupation requirements under section 13.76.730 of this chapter, but must meet all of the following standards:

   A.   There shall be a maximum of six (6) children on premises at one time, including the caregiver's own children under the age of six (6) and not in full day school.

   B.   There shall be no employees that do not reside in the dwelling.

   C.   The small home daycare/preschool caregiver shall comply with all applicable licensing requirements under title 5 of this code.

   D.   The use shall comply with all applicable noise regulations.

   E.   The play yard shall not be located in the front yard and only shall be used between eight o'clock (8:00) A.M. and seven o'clock (7:00) P.M.

   F.   The lot shall contain one available on site parking space not required for use of the dwelling. The location of the parking shall be approved by the community development director to ensure that the parking is functional and does not change the residential character of the lot.

   G.   No signs shall be allowed on the dwelling or lot except a nameplate sign.

   H.   The use shall comply with all local, state and federal laws and regulations.

   I.   Upon complaint that one or more of the requirements of this section or other city ordinance is being violated by a small home daycare/preschool caregiver, the city shall review the complaint and, if substantiated, may institute a license revocation proceeding under title 5 of this Code.

   J.   All property owners within a five hundred foot (500') radius of the caregiver's property shall be mailed notice concerning the licensing of a small home daycare/preschool, at such property.

      1.   Such notice shall not be a condition precedent to the legality of such license, and

      2.   No such license shall be deemed invalid or illegal because of a failure to mail such notice. (Ord. 2012-15, 9-20-2012)

   A.   Purpose: Home occupations, as an accessory use to a primary residential use, promote local and sustainable economic growth and development. The purpose of this section is to permit allow, by license, permitted and conditional types of home occupations within single-family, duplex, and multi-family dwellings within zones as shown in the Table of Allowed Uses (13.100.010) and ensure that home occupations are compatible within the zone in which they are located, having decidedly no negative minimal and reasonable impacts on the surrounding neighborhood. Home occupations are an accessory use to the residential use and are intended to promote local and sustainable economic growth and development.

   B.   No home occupation license shall be required for businesses that:

      1.   Do not have customers or clients that come to the home;

      2.   Do not have employees who come to the home; and

      3.   Do not have combined offsite impacts of the home-based business and the primary residential use that exceed the impact of the residential use alone.

   C.   Home Occupations that do not comply with the standards of this section shall apply for a Conditional Use Permit as per 13.08.040.

   D.   Permitted Home Occupations: All home occupations not specifically listed as prohibited may be permitted subject to their compliance with the standards specified in subsection I of this section.

   E.   Home Occupations Prohibited: The following businesses, regardless of their conformance with the standards in subsection I of this section, are prohibited as home occupations. This section supersedes any other allowed uses within this Title.

      1.   Motor and recreational vehicle repair

      2.   Kennels

      3.   Welding, metal fabrication, or machine shops

      4.   Large appliance/electronics or equipment repair or service (washers, dryers, refrigerators, and other appliances or equipment that are too large to be carried in 1 individual’s arms)

      5.   Truck hauling

      6.   Deliveries

      7.   Stables/Boarding

      8.   Bottling plant

      9.   Commercial bakery

      10.   Industrial assembly

      11.   Laboratory, medical, dental, optical

      12.   Laboratory, testing

      13.   Sale or repair of firearms

      14.   Stocking and sale of ammunition

      15.   Stock and trade

      16.   Tattoos and body art

   F.   Applications for home occupations shall include the following information:

      1.   Completed Business License Application

      2.   A complete description of the type of business proposed including the location of the storage and operations area for the home occupation.

      3.   The expected hours of operation of the business

      4.   The expected number of clients per hour and total expected number of clients visiting the home per day.

      5.   Drop off and pick up routes and locations

      6.   Location of parking for clients in relation to the nature of the business

   G.   License required: It is unlawful for any person, firm, corporation, or association to engage in a “home occupation” as defined in chapter of this title without first obtaining a license pursuant to the provisions of Title 5, Section 5.06.020 of this code. Prior to issuance of said license, the criteria set forth in this title must be satisfied and all applicable fees shall be paid. All home occupation permits shall be valid for one year, and may be renewed annually, provided there have been no reported violations, subject to subsection J of this section.

   H.   Determination of Completeness: Upon receipt of an application for a home occupation, the Business License Official shall make a determination of completeness.

   I.   Standards: All home occupations shall comply with the following standards:

      1.   The home occupation must be clearly incidental and secondary to the primary use of the dwelling for residential purposes.

      2.   The dwelling unit must be the primary place of residence for the person(s) conducting the home occupation.

      3.   The area of the residence used for home occupations shall remain in character with the rest of the home except for minor renovations necessary to conduct an approved home occupation.

      4.   The home occupation shall not be conducted in, nor in any way use, a carport, or any portion of the yard. A home occupation may use a garage or other fully enclosed accessory structure provided all other standards in this section are met. A home occupation may not eliminate or occupy required parking areas for a dwelling within a garage. A home occupation license to distribute produce grown on the premises for off-premises sales may be conducted in the rear yard and include the use of accessory buildings but may not occupy required parking areas; Home occupation work conducted at the residence shall not involve more than one employee other than the business owner(s);

      5.   Except for the applicant’s personal transportation, there shall be no vehicles or equipment stored outdoors, which would not normally be found at a residence. Service vehicles which double as a personal vehicle such as taxicabs, limousine, or other vehicles used for mobile businesses and used for off-site services may only be parked on-site in a legal parking area;

      6.   Delivery of merchandise, goods, or equipment, to the site of the home occupation, shall be made by a vehicle typically employed in residential deliveries. No deliveries to the site of the home occupation by semi-tractor/trailer truck shall be permitted. Loading and deliveries to the site of the home occupation shall be limited to the hours of eight o’clock (8:00) A.M. and six o’clock (6:00) P.M.;

      7.   Tools, items, equipment shall be limited to those that are commonly associated with a residential use or are customary to home crafts. Tools, items, equipment, or occupations which are offensive or noxious by reason of the emission of odor, smoke, gas, fumes, dust, vibration, magnetic or electrical interference, noise, or other similar impacts extending beyond the property line of the lot where the occupation is located, are prohibited. Operations shall not violate noise ordinance as detailed in City of Holladay Code Title 9, Chapter 9.48.

      8.   No outdoor storage is permitted in conjunction with the occupation other than produce for off premises sales, outlined in subsection H4 of this section;

      9.   Customers/Clients shall be allowed at the residence only if scheduled on an appointment basis and are only allowed between the hours of seven a.m. and nine p.m. Group lessons or sessions shall not exceed six people at a time.

      10.   In addition to the parking spaces required for the residents of the dwelling, parking for clients and for an employee, if allowed under subsection (E) above, must be provided in the driveway or garage. On-street parking may be approved by the Community and Economic Development Director, upon application, and with a recommendation by the TRC, under circumstances where on-site parking creates a safety issue or is in conflict with property access and use. On-street parking proposals may not exceed one vehicle space and must be located immediately in front of the residence or within 200 feet of the residence. Off-site parking agreements may be utilized to fulfil parking requirements. Temporary exceedance of allowed parking on-site may only occur twice within a single calendar month.

      11.   Stock in trade, and/or direct retail sales are prohibited. Incidental or secondary sales ensuing from the services provided in conjunction with the home occupation are permitted. Commodities produced on the premises may be sold on the premises only under the conditions of this title.

      12.   The premises of a home occupation may be inspected during reasonable stated business hours to determine compliance with the provisions of this title.

      13.   If additional home occupations are being conducted within ¼ mile at the time of application, additional conditions to mitigate increased traffic or other potential impacts in the area may be applied by the Community and Economic Development Director, upon review and recommendation by the TRC.

   J.   Decision By The Community and Economic Development Director: The Community and Economic Development Director shall, with a recommendation by the TRC, issue a permit for the home occupation if they find that:

      1.   The provisions of this title are satisfied;

      2.   The home occupation will be in keeping with the character of the neighborhood and will not adversely affect the desirability or stability of the neighborhood;

      3.   The home occupation does not diminish the use and enjoyment of adjacent properties or create an adverse parking impact on adjacent streets or properties;

      4.   The home occupation will not negatively impact the future use of the property as a residence;

      5.   The home occupation will not adversely affect the public health, safety or welfare; and

      6.   The home occupation conforms with all fire, building, plumbing, electrical and health codes.

   K.   Loss Of Home Occupation Use: The Community and Economic Development Director may apply any associated land use fine according to Title 3, Chapter 3.35 and/or terminate any home occupation use upon making findings that support either or both of the following conclusions:

      1.   Any of the required licenses or permits necessary for the operation of the business have been revoked or suspended; or

      2.   Any of the provisions of this title have been violated.

   L.   Termination of Home Occupation:

      1.   The licensee shall be responsible for the operation of the licensed premises in conformance with this code. Any business license issued by the city may be suspended or revoked per the provisions of Title 5, Section 5.10.020 of this code.

   M.   Appeals:

      1.   Any termination of a home occupation may be appealed pursuant to the provisions of Title 5, Section 5.11.050 of this code as if the termination were a business license revocation.

      2.   Any person adversely affected by the denial or issuance of a permit for a home occupation may appeal that decision to the appeals hearing officer pursuant to Title 5, Section 5.11.010 of this title.

   N.   Existing Home Occupation Licenses: Existing licenses for home occupations which were legal under the prior zoning ordinance regulating home occupations but which are not permitted under this title are subject to the following:

      1.   May continue in operation, subject to the approved conditions of their conditional use permit.

      2.   Shall discontinue operation upon transfer of ownership of the property. Any new owner shall reapply for a Home Occupation Permit under the provisions of this section.

   O.   Non-transferability: Permits for home occupations are personal to the applicant, non-transferable and do not run with the land.

(Ord. 2017-17, 6-15-2017; amd. Ord. 2024-04, 3-21-2024)

Short term rentals, as defined in chapter 13.04 of this title, shall only be approved by the Planning Commission if:

   A.   The dwelling unit is located in a single-family or two- family dwelling, but not located in a planned unit development.

   B.   The dwelling or portion thereof that is available for accommodations or lodging of each guest or guests, for a period of less than thirty (30) consecutive days.

   C.   A short term rental shall not contain more than four (4) bedrooms.

   D.   A short term rental shall be maintained to the following minimum standards:

      1.   Structures shall be properly maintained, painted and kept in good repair, and grounds and landscaped areas shall be properly maintained and watered in order that the use in no way detracts from the general appearance of the neighborhood; and

      2.   Required parking areas and access to parking areas shall be maintained and available for use at all times. Parking for this use shall be contained on the site, and shall not be allowed on the public rights-of-way; and

      3.   Snow shall be removed from sidewalks and driveways within one (1) hour after the snow has ceased falling; provided, that in case of a storm between the hours of five o'clock (5:00) P.M. and six o'clock (6:00) A.M., the sidewalk shall be cleaned before eight o'clock (8:00) A.M. the morning following the storm. (Ord. 2012-15, 9-20-2012)

   E.   Occupants of a short term rental shall not create excessive noise that is incompatible with adjacent land uses. (Ord. 2015-02, 2-5-2015)

   F.   A short term rental use shall not have signs on the premises that advertise the use.

   G.   The use of a dwelling as a short term rental shall not change the appearance of the dwelling or property for residential purposes.

   H.   Outdoor pools, hot tubs or spas shall not be used between the hours of ten o'clock (10:00) P.M. and eight o'clock (8:00) A.M.

   I.   The site has frontage on a street with an existing or proposed right of way of at least sixty six feet (66'), as identified on the map entitled "circulation map" adopted as part of the city of Holladay general plan. (Ord. 2012-15, 9-20-2012)

For the purpose of this title all the following shall be considered junk:

   A.   Salvaged or scrap metal, rope, rags, batteries, paper, wood, trash, plastic, rubber, tires and waste, or other articles or materials commonly designated as junk.

   B.   Except as provided in subsection A or C of this section, shall also mean dismantled, wrecked or inoperable motor vehicles or parts thereof which are stored or parked on property outside of an enclosed building and which remain in such condition for a period of time in excess of sixty (60) days. An automobile, truck or bus shall be considered inoperable if it is not currently registered and licensed.

   C.   One truck with a capacity up to one ton or automobile which is not currently licensed and registered in this state or another state but is otherwise operable may be stored on property for a period not to exceed one year if it is secured with the windows closed, the trunk and hood closed and the doors locked and is not damaged exposing jagged metal; or

   D.   One truck with a capacity up to one ton or automobile which is inoperable may be stored in a side yard, except a side yard which faces on a street or a rear yard on property for a period not to exceed two (2) years, provided:

      1.   The automobile or truck is secured with the windows closed, the trunk and hood closed and the doors locked and is not damaged exposing jagged metal;

      2.   The automobile or truck is not visible from a public street; and

      3.   The automobile or truck is entirely concealed by a covering maintained in good condition and which does not extend closer to the ground than the lowest point of the vehicle body.

      4.   All existing legal nonconforming motor vehicles as of the effective date hereof, or an amendment hereto, shall comply with the provisions of this section within one year from the date of the enactment of this section or amendment thereto. (Ord. 2012-15, 9-20-2012)

   A.   The requirements of this title shall not be construed to prevent the use of a mobile or manufactured home for residential purposes if approved by the planning commission as a temporary use incidental to construction work.

   B.   Except as provided herein, a mobile home shall not be used for residential or sleeping purposes unless the mobile home is located in an approved mobile home park or an approved mobile home subdivision. (Ord. 2012-15, 9-20-2012)

A location for "resource recycling collection" facility as defined in chapter 13.04 of this title shall be approved by the community development director provided it meets the following requirements:

   A.   A location on improved property including a main building with paved parking, and landscaping, curb, gutter and sidewalk if required by the city;

   B.   All material shall be contained within an enclosed container;

   C.   The structures or bins comply with the yard requirements of the zone;

   D.   Written approval from the property owner to locate on the site; and

   E.   Maintenance of the site in a clean, neat and orderly manner. (Ord. 2012-15, 9-20-2012)

An "arcade" as defined in chapter 13.04 of this title shall not be located within a one thousand foot (1,000') distance, via the most direct pedestrian route, of the property line of a school or private educational institution having an academic curriculum similar to that ordinarily given in public schools. For purposes of measuring distance, a pedestrian route shall not include a route which requires crossing a physical barrier such as a fence, canal or freeway, or include trespassing across private property. (Ord. 2012-15, 9-20-2012)

All "motor vehicle repair" uses as defined in chapter 13.04 of this title shall be located within an enclosed building. Overnight storage of inoperable vehicles shall be approved as a conditional use by the planning commission as part of a site plan approval as per chapter 13.08 of this title. (Ord. 2012-15, 9-20-2012)

   A.   Mobile Food Business Allowed:

      1.   No person shall engage in a mobile food business or employ or hire another to engage in a mobile food business without possessing a valid mobile food vending permit issued by the city of Holladay as provided in title 5 of this code.

      2.   Persons selling food or beverages from mobile food businesses may do so by use of private property only, except as allowed by subsection A3 of this section. Use of private property by mobile food businesses shall be arranged with the real property owner and proof of such property owner authorization shall be required prior to the issuance of a business license.

      3.   Persons selling food or beverages from mobile food businesses may do so by use of public property other than a public right of way by permit or concession agreement from the city of Holladay or the public entity holding title to that property. Provisions of this section do not apply to special event permits allowed by the city under other provisions of this code.

      4.   Mobile food businesses are allowed only within those zones as allowed by chapter 13.100 of this title and in accordance with the provisions of this section.

      5.   Provisions found in this section shall not apply to mobile ice cream vendors, seasonal farm stands and other temporary or seasonal sales or uses that are specifically authorized by this title or other city ordinances.

   B.   Business License And Fees Required: No mobile food business shall continue in operation unless the holder thereof has paid an annual business regulatory fee and has met all applicable requirements as set forth in title 5 of this code or its successor section for each mobile food business.

   C.   Separate Applications: Separate business license applications shall be required for each mobile food business, including a mobile food court. Separate business license fees shall be required for each mobile food business vehicle operating under one business license.

   D.   Business Activity To Be Temporary: All business activity related to mobile food businesses shall be of a temporary nature subject to the requirements below:

      1.   A mobile food truck may not operate in one individual location for more than sixteen (16) hours during any twenty four (24) hour period. Any mobile vending truck or trailer shall be removed during the hours of nonoperation.

      2.   The mobile food truck shall be occupied by the owner or operator thereof at all times.

      3.   No overnight parking is allowed.

   E.   Location And Placement Requirements: The business operating location must be on private property within the specified zones as allowed by chapter 13.100 of this title, or as otherwise authorized by applicable city ordinance, subject to the requirements below:

      1.   Parking on a park strip, or otherwise landscaped area is not allowed.

      2.   A mobile food business shall park on a hard surface. Alternatives to asphalt and cement may be approved by the community development director.

      3.   Mobile food business vehicles must be parked so that neither the vehicle nor the customers block driveways of existing buildings or uses, or in such a manner as to create a traffic hazard.

      4.   No mobile food business shall occupy required parking stalls of the primary use.

      5.   No mobile food business shall interfere with the internal parking lot circulation.

      6.   Mobile food businesses shall not use the public right of way unless otherwise allowed by ordinance.

      7.   Power required for the operation of the mobile food truck may be self-contained or by the use of public or private power sources upon providing written consent from the property owner.

      8.   All materials generated from a mobile food business that are to be disposed of shall be disposed of properly.

      9.   Mobile food businesses shall comply with all other applicable city ordinances.

   F.   Design And Operation Guidelines: Mobile food trucks operating in the city of Holladay shall comply with the following design requirements:

      1.   Mobile food truck vehicles shall be designed to meet all applicable health department requirements.

      2.   No mobile vending truck or trailer shall be larger than twenty four feet (24') long by eight feet six inches (8'6") wide by twelve feet (12') high, provided that the operation of attached venting while the unit is in operation shall not be cause for violation of this paragraph.

      3.   The mobile food truck shall not have a drive-through.

      4.   Mobile food truck vehicles shall be kept in good operating condition; no peeling paint or rust shall be visible.

      5.   All grounds utilized by a mobile food business shall at all times be maintained in a clean and attractive condition.

      6.   Trash and recycling containers shall be provided by the mobile food business for use of the business patrons and shall be emptied daily.

      7.   Any enclosures or canopy extensions must be integrated into the design of the mobile food business vehicle and must not project onto the public sidewalk or any other part of the public right of way not authorized by the city.

      8.   A mobile food truck or trailer operating within fifty feet (50') of a dwelling shall:

         a.   Cease all operations and vacate the location by ten o'clock (10:00) P.M. each day; and

         b.   The use of portable generators to supply electricity for the mobile food truck operation is prohibited.

   G.   Signs: No signs shall be used to advertise the conduct of a mobile food business at the premises other than that which is physically attached to the vehicle, except temporary signs authorized by section 13.82.210 of this title.

   H.   Professional And Personal Services Prohibited: The performance of professional or personal services for sale shall not be provided from a mobile food business. (Ord. 2013-20, 9-5-2013)

   A.   Mobile Food Courts As A Conditional Use:

      1.   Operating a mobile food court is unlawful without first obtaining conditional use approval and site plan approval subject to the qualifying provisions written below as well as those in this title.

      2.   Mobile food courts are allowed by conditional use approval only within the zones as specified by chapter 13.100 of this title, in accordance with the provisions of this chapter.

      3.   Provisions found in this section shall not apply to seasonal or temporary sales that are specifically authorized by this title or other city ordinances.

   B.   Qualifying Provisions:

      1.   A mobile food court is required to be on a parcel of at least two thousand (2,000) square feet in size.

      2.   No less than two (2) and no more than ten (10) individual mobile food vendor pads or other authorized vendors are allowed on a parcel.

      3.   No participating mobile food business or other authorized vendor shall continue in operation at the mobile food court unless the holder thereof has paid an annual business regulatory fee as set forth in title 5 of this code.

      4.   All lot size, lot width, and landscaping requirements of the zone in which the mobile food court is approved shall be met prior to the issuance of a site plan approval.

      5.   Mobile food courts are for the sale of food products only, except for the sale of nonfood, promotional items directly related to the mobile food business.

      6.   A master sign plan for the mobile food court shall be submitted for review and approval as part of the site plan approval. The plan shall provide information relating to permanent signs for the court and shall comply with the requirements of chapter 13.82 of this title.

      7.   All the proposed activities will be conducted on private property owned or otherwise controlled by the applicant and none of the activities will occur on any portion of a public right of way including sidewalks or landscaped park strips.

      8.   The proposed mobile food court will not impede pedestrian or vehicular traffic in the public way.

      9.   All activities associated with a mobile food court must comply with all health department requirements.

      10.   A detailed site plan demonstrating the following is required:

         a.   The location and orientation of each vendor pad.

         b.   The location of any paving, trash enclosures, landscaping, planters, fencing, canopies, umbrellas or other table covers, barriers or any other site requirement by the international building code, or health department.

         c.   The location of all utility hookups provided by the property owner for use by the mobile food truck.

         d.   The location of all existing and proposed activities on site.

         e.   The circulation of all pedestrian and vehicle traffic on the site.

         f.   The mobile food court shall not occupy required parking stalls of any primary use of the site.

      11.   Live music will not be performed in the mobile food court area unless the decibel level is within conformance with the Holladay City noise control ordinance, section 9.48.010 of this code.

      12.   Parking for a mobile food court is required at a ratio of one stall per mobile food business. This requirement may be waived by the planning commission as part of the conditional use process. Hard surface paving at the vehicular entrance to the mobile food court, and for each individual mobile food business is required. Alternatives to asphalt and cement may be approved as part of the conditional use process. (Ord. 2013-20, 9-5-2013)