The purpose of these special provisions is to avoid ambiguity by prescribing, insofar as possible, those standards which will enable diverse land uses to be accommodated harmoniously within Kaysville City.

1.

All accessory buildings shall comply with the provisions of this Title. No accessory building shall be located in any front yard, required side yard, or yard abutting a street.

a.

Exceptions:

i.

On multiple frontage lots, the rear yard abutting a street may allow accessory buildings such as a garden or tool shed which is under two hundred (200) sq. ft. and less than ten feet (10') in height.

ii.

On a corner lot, an accessory building such as a garden or tool shed under two hundred (200) sq. ft. and less than ten feet (10') in height may be located in a corner side yard abutting a street so long as the side yard does not abut the front yard of an existing dwelling.

iii.

An accessory building may be located in a side yard between the side property line and a portion of the main building where the footprint of a dwelling narrows by at least twenty feet (20') a minimum of thirty feet (30') from the front of the dwelling.

b.

Flag Lots:

i.

As all yards surrounding a dwelling on a flag lot are at least twenty feet (20'), all yards may be treated as a rear yard.

ii.

Accessory buildings are not permitted in a required flag lot projection.

2.

A property owner must obtain written permission from an easement holder in order to locate an accessory structure on any recorded easement. Structures located in an easement such as a Public Utility Easement (P.U.E.) are placed at the property owner's risk and the structure may be required to be removed at the property owner's personal expense should an entity with rights to the easement require access to that easement at any time.

3.

Any accessory building attached to the main building shall be made structurally a part of the main building and shall comply in all respects with the requirements of this Title applicable to the main building.

4.

One story detached accessory buildings smaller than two hundred (200) square feet shall not be located so that they cause storm water runoff onto the adjacent property. Accessory buildings two hundred (200) square feet or larger shall have the required permits and be located not closer than one foot (1') to the adjacent property line and so that storm water does not run off onto the adjacent property.

5.

Accessory buildings in any zone shall occupy no more than twenty percent (20%) of the lot area less the footprint area of the main building. An accessory building shall not exceed ten percent (10%) of the lot area.

6.

Accessory building shall not exceed in height the line created by a point twelve feet (12') above ground at the property line and extending upwards from that point at a forty-five degree (45°) angle towards the interior of the property, up to the maximum building height allowed in the zone.

7.

Buildings housing farm animals shall comply with KCC 17-24-3.

(Ord. 20-09-02, 9/17/2020; Ord. 21-05-02, 5/6/2021)

Internal Accessory Dwelling Units.

1.

Definition.

Internal Accessory Dwelling Unit (IADU) - An accessory dwelling unit created within the footprint of a single-family detached residence for the purpose of offering a long-term rental where the property owner resides on site.

2.

IADU must meet the following regulations:

a.

An IADU shall comply with all applicable building, health, and fire codes.

b.

The owner of the property shall occupy either the IADU or the primary dwelling where the IADU is located as their place of primary residence.

c.

Occupancy of any IADU shall be limited to a single family as defined by KCC 17-2-2.

d.

An IADU shall be designed in a manner that does not change the appearance of the primary dwelling as a single-family dwelling.

e.

A minimum of one (1) extra parking space beyond the parking required for the primary dwelling shall be provided on a property where an IADU is proposed.

i.

Any parking spaces displaced by the construction of an IADU (i.e., parking within a garage or carport displaced after the construction of an IADU within the garage or carport) shall be replaced to meet the requirement above.

ii.

The required parking shall be paved with an asphalt or concrete surface and shall not be in tandem with parking required for the primary dwelling unit.

f.

An IADU shall maintain the same address as the primary dwelling with the addition of "Unit B."

g.

An IADU shall not operate on separate utility meters from the primary dwelling.

h.

An IADU shall not be permitted within a mobile home or within the property area of a mobile home.

i.

An IADU shall not be permitted on a property with a total lot size of six thousand (6,000) square feet or less.

j.

An IADU shall not be permitted on a property with a failing sceptic tank.

3.

IADU Rental Provisions.

a.

An Internal Accessory Dwelling Unit shall not be made available to rent without the owner of the property on which the IADU is located without first obtaining a valid permit for the purpose of renting an IADU from Kaysville City.

b.

An IADU shall not be made available for use as a short term rental (any rental occupancy for a period of less than thirty (30) consecutive days).

c.

An IADU shall not be made available to rent where the owner does not reside within the primary dwelling unit on the property.

4.

Penalty.

a.

In addition to applicable remedies for correction of non-compliance found in KCC 17-1-8 and in the Utah Code, Kaysville City may hold a lien of up to one hundred dollars ($100.00) per day against a property that contains an Internal Accessory Dwelling Unit if the Internal Accessory Dwelling Unit is in violation of any of the provisions of Utah Code 10-9a-530 or of any provisions of this Chapter.

i.

The lien shall be removed after the violations are resolved.

(Ord. 21-9-1, 9/2/2021)

1.

Purpose. The purpose of this Section is to authorize beekeeping subject to certain requirements while encouraging the practice of keeping domesticated honeybees (Apis Mellifera) within Kaysville city limits while encouraging domestic pollination and urban farming.

2.

Allowance. The keeping of honeybees shall be allowed as a permitted use within the Agricultural (A) and/or Residential (R) Zones. All apiaries within these zones are permitted for personal, family, and recreational enjoyment, without need of obtaining any approval or permit from the City. Apiaries may be kept for a commercial production purpose(s), which is considered an agricultural industry use.

3.

Apiary/Beekeeper Registration. Each beekeeper shall be registered and maintain an active license with the Utah Department of Agriculture and Food as provided in the Utah Bee Inspection Act set forth in Title 4, Chapter 11 of the Utah Code, as Amended.

4.

Beehives and Beekeeping Hives on Residential Lots.

a.

As provided in this Section, and notwithstanding any contrary provision in this Title, an apiary, may be located on the following:

i.

One half (1/2) acre or less tract size - up to four (4) colonies.

ii.

Over one half (1/2) acre to one (1) acre tract size - up to six (6) colonies.

iii.

Over one (1) acre tract size - up to eight (8) colonies.

b.

No beehives shall be located in a front yard.

c.

A person shall not locate or keep a beehive on a property owned or occupied by another person without first obtaining property owner's written permission.

d.

No beehive or group of beehives shall exceed six feet (6') in height.

e.

Beehives shall be maintained either in a fenced yard or in accordance with the requirements set forth in Subsection E of this Section.

5.

Beehives.

a.

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

b.

Beehives shall be placed at least five feet (5') from any property line and six inches (6") above the natural grade, as measured from the ground to the lowest portion of the hive; provided, however, that this requirement may be waived in writing by the adjoining property owner.

c.

Beehives shall be operated and maintained as provided in the Utah Bee Inspection Act Title 4, Chapter 11 of the Utah Code, as Amended.

6.

Flyways. In each instance in which any colony is situated within twenty-five feet (25') of a public or private property line of the parcel, tract, or property upon which the apiary is situated, as measured from the nearest point on the hive to the property line, the beekeeper shall establish and maintain a flyway barrier at least six feet (6') in height consisting of a solid wall, fence, dense vegetation or combination thereof that is parallel to the property line and extends ten feet (10') beyond the colony in each direction so that all bees are forced to fly at an elevation of at least six feet (6') above ground level over the property lines in the vicinity of the apiary.

7.

Water. Each beekeeper shall ensure that a convenient source of water is available to each colony continuously between March 1 and October 31 of each year. The water shall be located on the property of the owner of the beehive and in a location which minimizes any nuisance created by honeybees seeking water on adjoining property(s) from other water sources where they may cause human, bird, or domestic pet contact.

8.

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

9.

Certain Conduct Unlawful. It shall be unlawful for any beekeepers to keep any colony or colonies in such a manner or of such disposition as to cause any unhealthy condition, interfere with the normal use and enjoyment of human or animal life of others, or interfere with the normal use and enjoyment of any public property or property of others. Beekeeping is not permissible as primary or singular use on residential lots.

10.

Nuisance. It shall be unlawful for any person to keep any colony or associated beekeeping equipment in a manner contrary to the provisions of this Section. Any such violation shall be deemed a nuisance and shall be subject to enforcement procedures and/or be subject to the provisions of any other applicable enforcement procedures deemed necessary to remedy a violation.

11.

No-Spray Zone Prohibited. It shall be unlawful for any beekeepers to interfere with mosquito abatement by requesting a no-spray zone with the Davis Mosquito Abatement District based on the perceived hazards that spraying would pose to their bees.

(Ord. 23-08-03, 8/3/2023)

1.

Purpose. To authorize and establish regulations for the operation of temporary farm stands in agricultural and certain residential districts to encourage urban farming.

2.

Permitted Zones. Farm stands are allowed as a conditional use in the following zones:

a.

Chapter 17-8 Heavy Agricultural District.

b.

Chapter 17-9 Light Agricultural District.

c.

Chapter 17-10 Agricultural Residential District.

d.

Chapter 17-11 Old Kaysville Townsite Residential District.

e.

Chapter 17-12 Single Family Residential District.

f.

Chapter 17-13 Diverse Residential District.

g.

Chapter 17-14 R-2 One- To Two-Family Residential District.

h.

Chapter 17-15 R-4 One- To Four-Family Residential District.

i.

Chapter 17-16 R-M Multiple Family Residential District.

3.

Farm Stand Requirements.

a.

Farm stands shall be operated by the owner or legal occupant of the site or parcel. The legal occupant shall provide documentation showing proof of occupancy.

b.

Farm stand applications are required to submit a site plan as well as a plan for when temporary sales are estimated to begin and conclude.

c.

Farm stands shall obtain a Kaysville City business license as required by KCC Title 16 Licensing Control and Regulation of Business and comply with all retail sales requirements from the State of Utah.

d.

During hours of operation, the property owner or legal occupant shall either be on site or provide a mobile phone number for the farm stand operator while they are away from the site.

e.

Farm stand products and the allowed sign shall be removed from the farm stand location outside of the hours or operation.

4.

Lot Area Restrictions.

a.

The total square footage of the farm stand shall not exceed one hundred (100) square feet.

b.

Farm stands shall be set back at least ten (10) feet from the property line of the site and the adjacent property line.

c.

For the purposes of this Section, a single site can be considered as contiguous parcels owned or occupied by the same individual.

5.

Duration.

a.

Farm stands may not operate before dawn or after dusk, including setup and take down time.

b.

Farm stands are not permitted to operate for more than one hundred eighty (180) consecutive days in a calendar year. The one hundred eighty (180) day time period shall start on day one (1) of operations and conclude no more than one hundred eighty (180) days later.

6.

Parking and Circulation. Any on street parking shall comply with existing regulations in Kaysville City Code. Farm stand operations shall not impede safe circulation of traffic.

7.

Signage.

a.

A farm stand is allowed to have one (1) temporary and portable sign which shall not exceed fifteen (15) square feet in size.

b.

The sign shall be located within twenty-five feet (25') of the farm stand.

c.

Signage must be set back at least five (5) feet from the property line.

d.

Signage shall not have any lighting or illumination.

e.

Signage shall be removed outside of allowed operating hours.

f.

Signage is prohibited in within the right-of-way.

8.

Prohibited.

a.

Permanent structures are prohibited.

b.

Permanent signage is prohibited.

c.

Farm stands are prohibited within the public right-of-way.

d.

Christmas tree sales are not permitted as a farm stand.

e.

No live animals are permitted to be within twenty (20) linear feet of the operating stand at any time with the exception of service animals.

(Ord. 25-03-02, § 11, 3/6/2025)

Satellite dish antennas are permitted in all zones in accordance with the following:

1.

Antennas over one meter (39.37 inches) in diameter shall not be placed in any front yard in a residential area and shall not be over fifteen feet (15') in height.

2.

Antennas over two meters (78.74 inches) in diameter shall not be placed in any front yard in a commercial or industrial area and shall not be over fifteen feet (15') in height.

1.

Golf courses shall have a minimum of nine (9) holes and not less than one thousand (1,000) yards from tee to green for said nine (9) holes.

2.

No green shall be closer than fifty feet (50') from any adjoining property line.

3.

Retail business facilities and vending machines may be permitted when designed to be used exclusively and specifically as a necessary adjunct to or in connection with or incidental to the main function and operation of any such golf course facility.

4.

The establishment of any such golf course facility and/or operation of any business whatsoever necessary or incidental thereto shall be granted only after being approved by the City Council of Kaysville City upon the prior consideration, study, and report of the City Planning Commission and subsequent licensing by the City.

5.

Any structure or building erected upon and in connection with any such golf course facility shall be in harmony with and complementary to the adjacent territory.

6.

No structure shall be closer than fifty feet (50') from any street or adjoining property.

7.

No accessory structure shall be permitted in excess of thirty-five feet (35') in height.

8.

The area to be used for such golf course facility shall be of sufficient size to accommodate all such proposed facility together with off-street parking adequate to accommodate the needs of the facility in accordance with the provisions of KCC 17-32.

9.

A solid wall or substantial fence may be required around any part of the entire golf course to a height of not less than six feet (6').

a.

The fence across the front of the property, if a solid wall, is to be constructed at the required front setback line of the district.

b.

No fencing shall be permitted in excess of thirty-five feet (35') in height.

10.

Golf driving ranges shall be located only on arterial or collector streets, or on a connecting facility approved by the Planning Commission. Floodlights used to illuminate the premises shall be so directed and shielded as not to be an annoyance to any developed residential property. The golf driving platforms shall be not less than two hundred feet (200') from an adjacent residential district.

No swimming pool shall be allowed in any R-District unless it complies with the following requirements:

1.

The swimming pool is used solely by the occupants and guests of the occupants of the property on which it is located or is owned and operated by a swimming club as in KCC 17-31-10.

2.

The swimming pool shall not be closer than eight feet (8') to any property line.

3.

The swimming pool shall be enclosed by a wall or fence at least five feet (5') in height to control access.

A swimming club in any R-District shall comply with the following standards:

1.

The site shall be not less than twenty thousand (20,000) square feet.

2.

The club shall be a non-profit membership organization designed to serve the needs of residents of the general vicinity of the club's location.

3.

The pool shall conform to the regulations of Kaysville City, the Utah State Board of Health, and to such further conditions as shall in the opinion of the Planning Commission be necessary to protect the peace and quiet of adjoining residents.

4.

Off-street parking shall be adequate to accommodate the cars of those members who will normally drive to the club and to fulfill the requirements of KCC 17-32.

An outdoor shooting club or range shall be located not less than one-half (1/2) mile from any developed residential, commercial, or industrial area, or place of public assembly. A Conditional Use Permit for an indoor or outdoor shooting club may be granted to be in force for one (1) year only, and may be renewed, subject to continued compliance with the above requirements, for subsequent one-year periods.

Community buildings, private clubs, lodges, social or recreational establishments located in R-Districts may engage in retail sales for guests only, provided that:

1.

There shall be no external evidence of any commercial activity nor any access to any space used for commercial activity other than from within the building.

2.

There shall be no harm to adjacent residential development due to excessive traffic generation or noise or other circumstances.

1.

Locations and Allowed Properties.

a.

Fireworks stands, Christmas tree stands and temporary or seasonal retail sales are permitted uses on properties zoned CC, GC, LI or non-residential properties (such as schools, churches, etc.) along the City's designated Minor Arterial Streets and Collector Streets as defined in KCC 8-3-2 Existing And Proposed Streets Designated As Arterial, Collector, Or Significant Local Streets.

2.

Site Plan Required.

a.

All applications shall submit a site plan demonstrating compliance with regulations outlined in this Section, including location of temporary structure, setbacks of temporary structure, parking, location of garbage receptacles, fire extinguisher, access points, etc.

3.

Standards for Site and Operations.

a.

Properties to be used for fireworks stands seasonal merchants shall meet the following regulations:

i.

Access:

(1)

All lots shall have an improved drive approach or curb cut access to the property.

(2)

No merchant shall impede vehicular traffic or pedestrian traffic or interfere with public rights-of-way and sidewalks.

ii.

Parking:

(1)

All parking shall be located on an impervious, all-weather surface such as concrete, asphalt or gravel.

(2)

Adequate off-street parking for the temporary business shall be provided for all temporary sales.

(3)

The site shall also have adequate parking to accommodate any existing use(s) on site as well as any area used by the fireworks stand, temporary or seasonal merchant.

iii.

Cleanliness and Maintenance:

(1)

Display areas shall have a professional appearance, and shall not appear tattered, torn, frayed, faded, have chipped or peeling paint or otherwise be in disrepair. All retail items shall be displayed in a neat and orderly fashion.

(2)

A trash receptacle shall be provided for patrons and the area around the stand shall be kept clean and orderly.

(3)

All displays, merchandise, and debris associated with the use shall be contained within the confines of the use and be cleaned at the end of each business day.

(4)

The licensee shall promptly clean up all trash, litter, spills, etc.

iv.

Hours of Operation:

(1)

A fireworks stand, temporary or seasonal merchant located in or adjacent to a residential zone, shall not operate prior to 8:00 a.m. or after 10:00 p.m.

v.

Fire Extinguisher Required:

(1)

A minimum of one (1) portable fire extinguisher as required by the Fire Chief shall be within easy reach of each temporary stand.

(2)

A minimum five foot (5') setback is required from combustible walls, roof eave lines, awnings, etc.

4.

Setbacks.

a.

Each fireworks stand, temporary or seasonal merchant shall be located a minimum of ten feet (10') behind the inside edge of a public sidewalk, or fifteen feet (15') from the edge of the street right-of-way if no sidewalk exists.

b.

A minimum five foot (5') setback is required from combustible walls, roof eave lines, awnings, etc.

c.

A minimum ten foot (10') setback is required from any building openings (i.e., doors, windows, vents, etc.).

d.

A minimum five foot (5') setback from a fire hydrant, driveway, ADA accessible parking space or loading area.

5.

Prohibited on City Property.

a.

Fireworks stands, Christmas tree stands and temporary or seasonal retail sales are prohibited on city property unless participating in a City hosted event or activity.

(Ord. 23-08-02, 8/3/2023)

Public utility substations shall be conditional uses in all R-Districts and shall be screened from neighboring uses with a masonry wall, solid board fence, or shrubbery as required by the Planning Commission. Public utility substations may be allowed with less than the required lot area, width and yards for the zone in which located.

1.

The real property and the dwellings thereon shall be owned by the same person and taxed as real property.

2.

Dwellings must be at least twenty feet (20') wide.

3.

Dwellings shall be anchored to, and supported by, a permanent foundation in accordance with plans prepared by a registered engineer providing for vertical loads, uplift, and lateral forces and frost protection in compliance with the International Residential Code.

4.

Dwellings shall be permanently connected to and approved for all required utilities.

1.

No obstruction to view shall be allowed on any residential lot between the sidewalk and the curb, or eight feet (8') back from the edge of the street, where no sidewalk exists, or in any street right-of-way, except lawn trees that are pruned high enough to permit unobstructed vision to vehicle drivers.

2.

On a corner lot in any district, no obstruction to view, except utility fixtures not higher than three feet (3'), shall be allowed to impede vision between a height of two feet (2') and ten feet (10') above the centerline grades of the streets within a triangular area formed by the streets at property line and a line connecting them at points thirty feet (30') from the intersection of the property lines. The planting of new trees shall be prohibited in this triangular area.

(Ord. 20-09-01, 9/3/2020)

If an approved public water or sewer system is within three hundred feet (300') of a proposed building lot or development, it must be connected to the public water or sewer system. Domestic water supply and sewage disposal shall comply with the County Board of Health requirements as represented by a certificate of approval from said Board of Health in all applications for a building permit where either an approved supply of piped water under pressure, or a sewer is not available.

Extractions from deposits on the earth of rocks, stone, gravel, sand, soil, minerals or building or construction materials are permitted in any district, subject to the conditions set forth below. All other deposits or extractions shall be subject to a Conditional Use Permit as set forth in KCC 17-30.

1.

Excavations for the foundations or basement of a building or swimming pool for which a Zoning Certificate and a Building Permit have been issued, or deposits on the earth of any building or construction materials to be used in a structure for which a building permit has been issued.

2.

Grading of any parcel of land for a permitted use where no bank of over eight feet (8') in height is left standing and exposed or when less than one thousand (1,000) cubic yards of material are removed from or deposited on said parcel.

3.

Grading in a subdivision which has been approved by the City in accordance with the Kaysville City Subdivision Ordinance and any other applicable ordinances.

1.

No recreational vehicle shall be located, placed, used, or occupied for residential purposes in Kaysville City except within approved and licensed recreational vehicle parks.

2.

Recreational vehicles may be stored, but not used for living quarters, anywhere within the City in accordance with the following provisions:

a.

One such facility may be placed within a structure lawfully existing on the premises, or

b.

One such facility may be placed on a lot in an R-District, provided that it shall not be located within ten feet (10') of any property line adjacent to a street, and provided that no recreational vehicle so placed shall be used for residential purposes.

3.

Notwithstanding any provisions contained herein, such facility may be located anywhere on the lot, except in a clear vision area as defined in KCC 17-31-18, for a temporary period not to exceed twenty-four (24) hours for loading and unloading.

1.

Recreational vehicle parks are a conditional use in the GC - General Commercial District.

2.

The development of a recreational vehicle park shall conform to the following standards and requirements:

a.

No recreational vehicle park shall be used by one (1) individual recreational vehicle for more than thirty (30) consecutive days, nor shall any space be rented or leased to any one (1) individual for a period longer than thirty (30) days.

b.

The design shall meet all applicable standards and requirements of this Title and other regulations of Kaysville City, Davis County, and the State of Utah.

c.

The design has the written approval of the Davis County Health Department.

d.

The developer shall improve all recreation areas and facilities, landscaping, streets, and utilities as required by KCC Title 19 Subdivisions.

e.

The site shall be in one (1) ownership.

f.

The site shall be adjacent to a major street.

g.

All entrances and exits from the recreational vehicle park shall be by forward motion only.

h.

No entrance or exit from a recreational vehicle park shall be through a residentially developed area.

i.

All recreational vehicle spaces or pads shall be set back at least twenty feet (20') from any public street.

j.

All one-way roadways shall be at least twelve feet (12') in width and all two-way roadways at least twenty feet (20') in width, and all roadways shall be hard-surfaced.

k.

All areas within the park which are not hard-surfaced, including the twenty foot (20') setback space, shall be landscaped and maintained with lawns, trees, and shrubs designed to provide privacy and noise containment, and shall be equipped with adequate sprinkling devices as determined by the City.

l.

In a recreational vehicle park, the number of spaces shall be limited to twenty (20) units per acre. The spaces may be clustered, provided that the total number of units does not exceed the number permitted on one (1) acre, multiplied by the number of acres in the development. The remaining land not contained in individual spaces, roads or parking shall be set aside and developed as park, playground, or service areas for the common use and enjoyment of occupants of the development and visitors thereto.

m.

Each recreational vehicle space shall be at least twenty feet (20') in width and at least thirty feet (30') in length, for spaces planned to have the recreational vehicle and a towing vehicle park side-by-side; and at least fifteen feet (15') in width and at least forty-five feet (45') in length for spaces planned as drive-through spaces in which the towing vehicle parks in front of the recreational vehicle. Drive-through spaces are recommended whenever the size and shape of the property permits this design.

n.

All storage and solid waste receptacles must be housed in a closed structure compatible in design and construction to the character of the park.

o.

The service buildings shall be constructed to standard commercial practice and kept in good repair as approved by the Building Inspector.

p.

Off-street and off-roadway parking spaces shall be provided for visitors at the rate of one (1) such space for each two (2) recreational vehicle spaces in the recreational vehicle park; such spaces shall have a minimum width of ten feet (10') and a minimum length of twenty feet (20') and may be grouped m appropriate locations.

q.

A minimum of two tenths (0.2) foot candles of light shall be required for protective yard lighting the full length of all streets, sidewalks, and central parking areas.

r.

Storm drainage facilities shall be so constructed as to protect those who will reside in the park as well as adjacent property owners by insuring rapid drainage and preventing accumulation of pools of water.

s.

One (1) manufactured home may be allowed in a recreational vehicle park if used as the residence of the park manager.

3.

Every recreational vehicle park shall provide utility service to every recreational vehicle stand as required by Kaysville City ordinances and as required by the Planning Commission.

4.

For recreational vehicle parks, adequate and reasonable guarantees must be provided as determined by the Planning Commission for permanent retention of open space and for the maintenance of roadways, storage facilities, service facilities, and landscaping resulting from the application of these regulations. Guarantees may be in the form of a bond or a mortgage on real estate or in other form to be determined by the Planning Commission, which form must be approved by the City Council and City Attorney.

5.

The owner shall establish and appoint a park manager. The manager shall be a resident of the park and shall be authorized to receive, process, and represent fully the interests of the owner in respect to management and maintenance of the park.

6.

No recreational vehicle park shall be operated in Kaysville City until an annual business license has been obtained from Kaysville City.

7.

The premises on which any recreational vehicle park is located shall be maintained in a clean, orderly and sanitary condition. The accumulation of any rubbish, waste, weeds, or other unsightly material thereon shall constitute a nuisance and a violation of this Title. The City Council may, after inspection by the Inspector, cancel the license to operate the park if the inspection reveals that maintenance does not conform to required standards.

(Ord. 24-01-03, 1/18/2024)

1.

Each person or company desiring to locate a telecommunication tower within the City shall submit a Site Location Master Plan. This plan shall be submitted and accepted by the Planning Commission prior to the processing of any permits for telecommunication towers. The plan shall identify existing locations of facilities, and approximate proposed locations of new facilities to provide service within City boundaries and the surrounding area for the ten (10) years following the date the plan is submitted. These estimates shall be based on projected population growth and anticipated development. The applicant shall provide the City with the owner's current name, address, and an emergency telephone number for each facility.

2.

Applicants for telecommunication tower permits shall co-locate their facilities on existing towers, unless it can be shown by substantial evidence that all existing towers are inadequate to serve the applicant's reasonable needs due to the location, height or other reason; and shall pay reasonable compensation to the tower owner to fairly share past and future costs.

3.

Telecommunication towers shall be located, designed, and constructed to be as unobtrusive and as few in number as possible. They shall be subject to requirements that minimize the impact on surrounding properties and the City. No telecommunications tower shall exceed one hundred twenty feet (120') in height from the finished grade of the ground to the highest point on the structure.

4.

Monopoles, antennas, and any associated buildings or equipment shall be painted to blend with the surroundings by which they are most commonly seen. The color shall be reviewed and approved on a case-by-case basis by the Planning Commission. Within six (6) months after the facility has been constructed, the Planning Commission may require the color be changed if it is determined that the original color does not blend with the surroundings.

5.

Telecommunication Towers and equipment shall not be permitted on any buildings used as a dwelling.

6.

The following Wireless Telecommunication equipment may be allowed according to the applicable requirements:

a.

Wall Mounted Antennas. Wall mounted antennas shall be considered a telecommunication tower and must comply with the following criteria in addition to the general requirements of this Chapter:

i.

Wall mounted antennas shall not extend above the roof line of the building more than four feet (4').

ii.

Wall mounted antennas shall not be located on a building facade which faces a public street.

iii.

Antennas and all associated equipment shall be painted to match the color of the building or surrounding area.

iv.

A maximum of forty (40) square feet may be allowed on any building facade for the placement of a wall mounted antenna. The area is determined by drawing straight lines around the outermost portions of the antennas until enclosed.

v.

All equipment associated with the use (excluding the antenna) must be screed by a view obstructing structure.

vi.

If the associated equipment is located on the ground it must be appropriately landscaped.

b.

Roof Mounted Antennas. Roof mounted antennas shall be considered a telecommunication tower and must comply with the following criteria in addition to the general requirement of this Chapter:

i.

Roof mounted antennas con only be mounted on structures with flat roofs. Exceptions may be granted by the Planning Commission with the following stipulation:

(1)

The tower will be mounted on the roof of a building such that the building will obstruct the view of the antenna from the front of the building.

(2)

The antenna will be less visible from ground level than the typical antenna mounted on a flat roof.

ii.

All roof mounted antennas must be setback from the building edge one foot (1') for every one foot (1') of antenna height to a maximum of fifteen feet (15').

c.

Monopole Towers. Where permitted, all monopole towers require a conditional use approval from the Planning Commission. In addition to the general requirements of this Chapter, all monopole towers must comply with the following:

i.

All towers must be of a mono-pole construction. No lattice constructed towers of any kind shall be allowed.

ii.

All towers must allow for co-location and supply engineering calculations by a state certified engineer that will allow for as many as three (3) separate users on a single pole. Certification must be provided by the applicant stating that the owners of the tower will allow for co-location and that the structure has been constructed to allow for co-location as required.

iii.

No tower may be located within a two thousand foot (2,000') radius of another mono-pole tower unless grid documentation is supplied by an independent consultant demonstrating the need to locate near an existing tower and also showing that co-location is either not feasible or that co-location will create an unreasonable hardship. Evidence of an unreasonable hardship shall be provided by an independent engineering study provided to the City at cost to the applicant.

iv.

Co-location on an existing mono-pole structure is a permitted use and is handled administratively.

d.

Stealth Tower. A tower is considered stealth if it is disguised as a tree listed on the Kaysville City Tree List or is attached to a pre-existing light pole, utility pole, or similar structure in order to significantly reduce its visual impact.

i.

The Planning Commission may require the owner of a stealth tower to consent to at least one (1) co-location (in addition to the owner's).

ii.

No Stealth Tower shall be permitted to exceed ninety feet (90') in height.

7.

The following shall be considered by the Planning Commission for conditional uses:

a.

Compatibility of the proposed structure with the height and mass of nearby existing buildings and utility structures.

b.

Location of the antenna in relation to existing vegetation, topography including ridge lines, structures, and buildings to obtain the best visual screening.

c.

Installation of, but not limited to curb, gutter, sidewalk, landscaping, and fencing for the purpose of blending the site with the surrounding environment and providing screening for the tower and associated equipment.

8.

Cables shall be installed on the interior of any monopole for telecommunications structure.

9.

Each application for a permit to construct a telecommunication tower shall be certified by a licensed professional engineer that the design of the facility meets all applicable standards for the facility including, but not limited to, electrical safety, material and design integrity, wind and seismic safety according to applicable building code adopted by Kaysville City.

10.

a.

The applicant must certify in writing that if technology renders the tower obsolete or the tower is vacated, that the agent will remove the tower, all apparatus associated with it, the top three feet (3') of the footing, and restore the site to its original condition within ninety (90) days of the vacation of the tower.

b.

The tower owner shall maintain the tower, site, and improvements in a state of good repair. If not maintained, the Zoning Administrator may notify the owner of the tower that it must be repaired and used within thirty (30) days after the notice was sent, or the facility must be removed. If the communication facility is not repaired, or removed within thirty (30) days after notice was sent, the Zoning Administrator may order the removal of the facility and the restoration of the property at the owner's expense. Any conditional use permit issued for the facility will be automatically revoked.

c.

If a telecommunication tower is not used for more than six (6) months, it shall be deemed to be abandoned for the purposes of Subsection 10(a).

11.

Notwithstanding being listed or not as an approved use in any zoning district, telecommunication towers shall be permitted in Kaysville City's zoning districts as follows:

P = Permitted Use

C = Conditional Use

* = Must be 300' from the property line of a residential zoning district.

** = Allowed only on properties greater than 10 acres in size which are also occupied by a public or quasi-public use.

(Ord. 18-9-01, 1/3/2019)