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Honeyville City Zoning Code

CHAPTER 16

- SENSITIVE LANDS OVERLAY ZONE

10-16-1: - Purpose

The purpose of the sensitive lands overlay (SLO) zone is to delineate those areas within the city that possess geologically and environmentally sensitive terrains with specific intent to:

A.

Address the use of land in the SLO zone.

B.

Protect the general health, safety and welfare of the citizens of the city.

C.

Minimize public and private property damage.

D.

Provide public awareness of sensitive environs.

(Adopted by Ord. 2007-02 on 7/11/2007)

10-16-2: - Conditional uses

Notwithstanding any other provision of this title, any use allowed by a zone which underlies the sensitive lands overlay zone shall be a conditional use. Such conditional use shall be confined to the boundaries of the respective zone which underlies the sensitive lands overlay zone.

(Adopted by Ord. 2007-02 on 7/11/2007)

10-16-3: - Site development standards

The development standards and any other provision applicable to a particular use allowed by an underlying zone which is consistent with the standards and regulations set forth in this chapter shall be met. Before a building permit is issued for any development located in the sensitive lands overlay zone, a site plan and conditional use permit shall be approved as provided, respectively, in sections 10-5-13 and 10-5-14 of this title.

(Adopted by Ord. 2007-02 on 7/11/2007)

10-16-4: - Agency review

A.

The planning commission or city council may require that a site plan submitted for a development in the sensitive lands overlay zone be reviewed by a representative of any or all of the following agencies:

1.

Utah geological survey.

2.

U.S. soil conservation service.

3.

U.S. forest service.

4.

Utah division of wildlife resources.

5.

Bear River Canal Company.

6.

Any other agency or professional deemed necessary.

B.

Following agency review, reasonable action shall be taken to implement agency recommendations in order to offset potential hazards to present and future city residents.

(Adopted by Ord. 2007-02 on 7/11/2007)

10-16-5: - Site plan review considerations

In addition to conditional use permit approval standards set forth in section 10-5-14 of this title, an application for a conditional use permit in the sensitive lands overlay zone shall also:

A.

Determine whether the site is traversed by possible earthquake faults. If so, the planning commission may require the developer to engage the services of an engineering geologist recognized by the Utah geological survey to precisely locate such fault.

1.

Buildings shall not be placed on or across a fault nor within fifty feet (50') thereof unless it is determined by the planning commission that the distance of fifty feet (50') may be reduced without creating a potential hazard. The planning commission may require a greater distance from the fault line.

2.

Flexible joints shall be required where utility lines cross identified faults.

B.

Determine whether proposed development will adversely affect a sensitive wildlife habitat; and if so, determine what measures, if any, are necessary to protect that sensitive wildlife habitat.

C.

Determine whether proposed development will adversely affect existing vegetation cover; and if so, determine what measures, if any, are necessary to protect such vegetation.

D.

Determine whether proposed development will generate sufficient vehicular traffic to reduce the capacity of existing street systems to level of service C or more; and if so, determine what remedies are needed to maintain the existing level of service.

E.

Determine whether steep slopes in excess of fifteen percent (15%) are located on the site; and if so, what measures, if any, are necessary to prevent adverse terrain erosion, soil instability, excessive storm runoff, unnecessary cut and fill, and excessive street grades.

F.

Determine whether the site is subject to active or potential landslides; and if so, the planning commission may require that the developer engage the services of an engineering geologist to evaluate the landslide area in order to ensure against personal or public property damage.

G.

Determine whether adequate public utilities such as storm sewer, sanitary disposal, and culinary water are available to support the proposed development.

(Adopted by Ord. 2007-02 on 7/11/2007)

10-16-6: - Wetlands

The city may not designate or treat any land as wetlands unless the United States army corps of engineers or other agency of the federal government has designated the land as wetlands.

(Adopted by Ord. 2007-02 on 7/11/2007)

10-16-7: - Conditional use permit approval

A conditional use permit shall not be approved for a use in the sensitive lands overlay zone unless evidence is presented to establish:

A.

The proposed use of the particular location is necessary or desirable to provide a service or facility which will contribute to the general wellbeing of the community.

B.

Such use will not, under the circumstances of the particular case and the conditions imposed, be detrimental to the health, safety and general welfare of persons nor injurious to property and improvements in the city, but will be compatible with and complementary to the intent and purpose of this chapter when considering the conditional use permit approval standards set forth in section 10-5-14 of this title.

(Adopted by Ord. 2007-02 on 7/11/2007)

10-16-8: - Sensitive lands map

The city council shall adopt by ordinance a map entitled the "Honeyville City Sensitive Lands Overlay Zones" delineating zone boundaries and sensitive lands information obtained pursuant to section 10-16-5 of this chapter. The map shall be filed in the office of the city recorder and may be examined by the public during the city's regular business hours.

(Adopted by Ord. 2007-02 on 7/11/2007)