Mantua City Zoning Code

The regulations set forth in this chapter qualify or supplement, as the case may be, the regulations appearing elsewhere in this Code.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

Nothing in this Code shall be construed as preventing the division of approved and platted duplex lots into separate ownership under the terms of either a condominium ownership structure, a planned unit development ownership structure, or a party-wall agreement. No new lots may be platted or created by deed which do not comply with the minimum lot size requirements established for that zone.

11.3.2.1 Restricted Lots - Building Permits Prohibited

No building permit shall be issued on restricted lots.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

Any lot under separate ownership of record prior to the adoption of the original Mantua Development Code of 1975, which has dimensions which would prevent building because of the front yard, rear yard, and side yard setback required by the zone in which the located, and any lot which has been approved by the Town prior to the effective date of this Code which would prevent building because of the front yard, rear yard, and side yard setbacks required by the zone in which it is located, shall be deemed to comply with the requirements of the zone in which it is located. The standards of the International Building Code for development on construction on or near lot lines must still be met.

This section is not intended to conflict with Subsection 3.9 nor shall it be interpreted as taking precedence over the requirements of Subsection 3.9.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

Except as may otherwise be provided in this Code, no building permit shall be issued for a lot unless such lot shall have area, width, and depth as required by the regulations for the zone in which the lot is located, and the lot has frontage on a public street as a Town public street on the streets master plan, land use map, official zoning maps or on another official map, plan or other method, such as public use constituting dedication (See UCA Section 72-5-104), and as it may be amended, accepted by the Town Council as authentic and showing a legally dedicated Town public street, it shall be the applicant's responsibility to establish the existence of a Town public street to the satisfaction of the Town Council. (Also see Sections 7.1.4.3 and 7.1.7 of the Mantua Land Management and Development Code.)

11.3.4.1 Building Permits On Half-Streets

Building permits will not be issued on half streets. Half streets are those that do not meet the Town’s current public street standards for the full width of a required public street dedicated or to be dedicated to the Town. An exception may be allowed for individual lots that were legally created prior to the date this Code was effective on July 20, 2006, and which meet the Towns minimum size standards and are not located beyond existing residences on said streets. Building permits will not be issued for lots or other parcels fronting on Mantua public streets until the street (from the closest residence) is brought into compliance with the Mantua public streets standards. This includes all frontages between the closest residence to and including the full frontage of the lot from which a building permit is requested, completed roadways with all utilities installed, and all other required improvements to and including the proposed building site.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

No space needed to meet the width, yard area, coverage, parking, or other requirements of this Code for lot or building may be sold or leased away from such lot or building.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

No parcel of land which has less than the minimum width and area requirements for the district in which it is located may be created from a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot. See Restricted Lots 11.3.2.1.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

Fences, walls, and hedges higher than six feet (6’) are not allowed within the clear view area. Fences, walls, and hedges shall not exceed four feet (4’) in height within any required front yard or side street side yard and shall not exceed six feet (6’) within any required rear yard or interior side yard. Where a fence, wall, or hedge occurs along a property line separating two lots and there is a difference in the grade of the properties, the fence, wall, or hedge may be erected or allowed to the maximum height permitted on the low side of the property line.

11.3.7.1 Restrictions On Materials

Chain link fences over six feet (6’) are prohibited in all zones with the following exceptions which must be approved by the Land Use Authority.

1. For recreational facilities such as tennis courts or other Town facilities,
2. As temporary vegetation protection during construction as directed by the Planning Commission.
3. Chain link fences may be permitted in other circumstances by the Land Use Authority when it is found that the fence is necessary in the interest of security or public safety, and when the fencing needs cannot be reasonably met with any other type of fencing.

11.3.7.1.1 Culvert Pipe And Drainage Swells

Culvert piping installed in drainage swells shall not exceed thirty-five percent (35%) of the total length of the drainage swell on any side of property. Adequate spacing between piping will be necessary to allow proper drainage from the roadway shoulder. Prior approval from the Town will be necessary prior to installation of any drainage piping. Exceptions to the rule could be made if approved by the Town Engineer. Any fees deemed necessary which are accrued or generated through additional engineering review shall be reimbursed to the Town of Mantua by the developer.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

The frontage along one or both sides of all State, County and Town roads are subject to special review for protection of the highway frontage and safety of access by roads and driveways. These areas, when designated by the Town  shall be shown on the official zoning district map. The highway frontage review in these designated areas shall be limited to the following factors:

11.3.8.1 Consolidated Access

To the extent possible to minimize access points and driveways to the highways, access shall be from existing Town or Private Streets that join with the highways rather than direct highway access. Common driveways between adjoining projects shall be used when possible, and driveways that are required in order to provide access shall be placed where they create the least interference with traffic on the highways.

11.3.8.2 Public Safety

All access points along these designated corridors shall be reviewed for public safety of ingress and egress on intersections, pedestrian safety, safety of winter access on steep grades and possible flooding and erosion hazards.

11.3.8.3 Pathways, View Corridors And Future Improvements

The Town shall review proposals for pedestrian and bicycling pathways through the frontage property, proposals for open space, buffered areas, and preservation of view corridors where applicable.

Regardless of the setbacks outlined for the zoning district, no structure shall be erected within forty feet (40’) of the nearest highway right-of-way line in order to preserve view corridors, buffer areas, and allow for possible future improvements of the highways themselves. 

11.3.8.4 Conditional Use Along Frontage

All construction in the setback area between 30 feet and 100 feet from the nearest right-of-way line in the designated highway protection areas is a conditional use, and subject to the conditional use review process, including design review, even when the occupancy is a permitted use elsewhere in the zone.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

In all zones, no obstruction to public or private street views in excess of two feet (2’) in height above road grade shall be placed on any corner lot within a triangular area formed by the streets at property line and a line connecting them at points twenty five feet (25’) from the intersection of the street right-of-way lines. Trees, shrubs and other vegetation may be permitted provided they are pruned and maintained at a sufficient height  to permit automobile drivers an unobstructed view.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

Public utility structures may be permitted on lots less than the required size in any zoning district as approved by the Land Use Authority.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

Proposed developments containing zero foot (0’) side yard setbacks are not permitted in residential zoning districts except as where indicated and provided by this code.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

1. A home based business in a residential zoning district is a lawful and permitted use if it complies with the definitions and guidelines outlined in this section, if it does not meet these guidelines, it shall be a conditional use.
2. The Home Based Business must be conducted and carried on entirely within a dwelling, or accessory building not exceeding 1,500 square feet, by persons residing in the dwelling or by those persons at sites away from the dwelling, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. A home based business may include the sale of goods or merchandise directly from the home.
3. The use of mechanical equipment shall be limited to tools whose use shall not generate noise, smoke, or odors perceptible beyond the premises of the dwelling or accessory building. Home based business would not allow a resident, professional or otherwise, to use the dwelling for his general practice when that practice is normally associated with some other zoning district when the business operation is at a scale that impacts the neighborhood’s character and use. Home based business will, however, allow the use of the dwelling by a physician, dentist, lawyer, clergyman, engineer or the like for consultation or emergency treatment. Consultation shall include the use of a dwelling to receive mail and maintain a telephone, fax or automatic answering device and computer related to the home based business. Telecommuting in a home satellite office, away from a main office is permitted.
4. Home based business shall include the care of fewer than three children other than members of the family residing in the dwelling or as prescribed by State codes or regulations. In all cases, signage shall be limited to identifying the location of the business by appropriate window displays or signs. Signage is not advertising to attract passers-by to home based business. Therefore, signs shall be limited in size so as not to affect the character of a residential neighborhood, Signs shall not exceed eight square feet (8 sq. ft.) and must be in a window or attached to a wall. All home Based business signs must be disclosed on business license application along with size, picture, and location. Business licenses will not be issued for businesses with non-conforming signs. In the event covenants applicable to the property preclude this use, the covenants shall control. A home based business as described by this section would be a permitted use in any residential zone and would require compliance with Town business licensing regulation in effect at the time of use. If complaints are received by the Town from adjoining residences, the Town may require a conditional use permit for said business.
5. Employer must provide onsite parking for all employee vehicles.
6. All home based businesses outside of the guidelines of the permitted use as described in this section shall be conditional uses, and must be applied for as such.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

Existing structures shall not be converted to condominium ownership without first receiving the review and recommendation of the Planning Commission, and plat approval from the Town Council. All required public improvements and landscaping shall be completed at the time of conversion or security provided to ensure completion as provided by ordinance. The structure must be brought into substantial compliance with the building code as a condition precedent to plat approval.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

The area of a required side yard shall be open and unobstructed except for the following and similar uses:

1. The ordinary projections of windowsills, belt courses, cornices, and other ornamental features to the extent of not more than twelve inches.
2. The projection of an eve not more than three feet.
3. The projection of a step not over three feet.
4. Awnings projecting over doorways and windows not more than three feet.
5. A bay window or chimney not over ten feet long projecting not more than three feet, providing such extension maintains the minimum side yard allowable for the smallest side yard in that district.
6. A light or window well not over three feet in width.
7. Walls or fences not more than six feet in height.
8. A driveway leading to a properly located garage or parking area; however, a required side yard cannot be used for parking.
9. A detached garage shall not be located in a required side yard.
10. Hot tubs, decks or similar uses at ground level shall not be allowed in a required side yard.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

The area of a required rear yard shall be open and unobstructed except for the following which are permitted:

1. A bay window or chimney not over ten feet long projecting not more than three feet.
2. Window wells extending not more than four feet.
3. The projection of an eve or cornice not more than three feet.
4. Private swimming pools, tennis courts, and similar uses shall be allowed in a rear yard provided they are located at least 30 feet from any dwelling on an adjoining lot and at least ten feet from any property line.
5. Garages and other accessory buildings as hereinafter provided. Such structures shall not cover over 50% of the rear yard area.
6. Hard surfaced parking areas subject to the same location requirements of a garage.
7. Underground bomb or fallout shelters for emergency use only provided they are constructed at least four feet from any property line and also that they conform to all requirements established by the Civil Defense Agency for approved shelters.
8. Air conditioners.
9. Fences not over six feet in height.
10. Hot tubs or similar uses shall be allowed in a rear yard provided they are located at least ten feet from a dwelling on an adjoining lot or five feet from the property line.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

The area of a required front yard shall be open and unobstructed except for the following which are permitted:

1. A fence or wall not more than four feet in height; no fence shall be allowed within 25 feet of the intersection on any corner lot except for a fence four feet or less in height that does not obstruct the view of on-coming traffic.
2. Uncovered steps leading to the main building; provided, however, that they are not more than four feet in height and do not cause any danger or hazard to traffic by obstructing the view of the street or intersection. Any portion of any steps, covered or uncovered, that are more than four feet above grade must maintain the required setback line.
3. Eaves or cornices projecting not more than three feet.
4. A driveway leading to a properly located garage or parking area; provided, however, no portion of a front yard as required in this Code except for those approved driveways, shall be hard surfaced or compacted road base so as to encourage or make possible the parking of automobiles, nor shall the Town allow any curb cuts or approve any driveways except for entrance and exit driveways leading to properly located parking areas.
5. Circular driveways shall be permitted in required front yard areas of single-family dwellings leading to and from a properly located garage or carport on the property subject to the following conditions:
6. Such drives shall be hard surfaced.
7. Such drives shall not be over 16 feet in width.
8. There shall be an area in landscaping at least 15 feet in depth from the front property line to the inside of the drive.
9. Driveway areas are not to be used for the parking or storage of any trailer, camper, motor home, boat, or other equipment at any time, nor is the area to be used for permanent parking of any vehicle.
10. Passenger automobiles may be parked on driveways serving private residences, provided the automobile is parked completely on private property.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

The total height of the building shall be measured at the highest point of the roof. The center-line of the house or other structure at the original grade of the property before development activity is the reference point to determine height. The height limit in all zones is 30 feet.

The following exceptions apply:

1. Antennas, chimneys, flues, vents, or similar structures may extend up to ten feet above the specified maximum height limit for the zone.
2. Water towers and mechanical equipment may extend up to five feet above the specified maximum height limit.
3. Church spires, bell towers, and like architectural features, may extend over the specified maximum height limit, but shall not contain any habitable spaces above the maximum zone height stated. These features must be approved as a conditional use in the appropriate district.
4. Communication Towers may extend beyond the specified maximum height limit as long as the total height of the building with a tower or a stand-alone tower is less than 100 feet above the surrounding ground.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

11.3.18a.1 Purpose Of Section

The purpose of permitting an accessory apartment is to:

1. Provide homeowners with a means of obtaining, through tenants in an accessory apartment, rental income, companionship, security and services, and thereby to enable them to stay more comfortably in homes and neighborhoods they might otherwise be forced to leave;
2. Add inexpensive rental units to the housing stock to meet the needs of smaller households, both young and old;
3. Make housing units available to moderate income households who might otherwise have difficulty finding homes within the city;
4. Develop housing units in single-family neighborhoods that are appropriate for small households at a variety of stages in the life cycle, thereby lessening fluctuations in neighborhood demand for particular services.

11.3.18a.2 Conditions

1. A permit will be granted by the Town for a use to be known as accessory apartment rental in owner occupied single-family dwellings, provided that the following standards and criteria are met:
2. The apartment will be separate housekeeping unit that can be isolated within the original unit. A single common meter for each utility is required to maintain the accessory nature of the apartment.
3. Only one apartment will be created within a single-family house.
4. The owner(s) of the residence in which the accessory unit is created shall occupy at least one of the apartments in the dwelling, except for bona fide temporary absences determined by the planning and zoning commission.
5. The accessory apartment shall be designed so that the appearance of the building remains that of a one-family residence.
6. The design of the apartment conforms to all applicable standards in the health, building and other codes. Certification by the health department must be issued stating that the waste disposal system is sized according to total available bedrooms in the house before a permit is granted.
7. At least three (3) off street hard surfaced parking surfaces are available for use by the owner-occupant(s) and tenant(s). Parking not to exceed twenty five percent (25%) of front or side property line.
8. Building permit is required for all changes required to the building for the creation of an accessory apartment.
9. Accessory apartments are allowed in all residential zones.

11.3.18a.3 Application Procedures

1. Application for a permit for an accessory apartment shall be made to the Town Clerk and shall include:
2. A notarized letter accompanying the application from the owner(s) stating that the owner will occupy one of the dwelling units on the premises, except for bona fide temporary absences;
3. A floor plan of one-fourth inch (1/4") to the foot showing proposed changes to the building and the relationship of the accessory apartment to the primary residence on a sheet of paper of sufficient size to clearly show the details required;
4. A site plan;
5. A fee as set forth by the most recent prevailing fee schedule adopted by resolution of the Town Council to cover the costs of processing the application, legal notices and code inspection.
6. Final inspection of accessory apartments must be signed off by the zoning administrator on the application before approval may be granted.
7. The purchasers of a home that has a permit for an accessory apartment who want to continue renting their apartment must demonstrate that all conditions requisite to maintaining the permit, in particular their residence in the home, are being met.
8. Where appropriate, the Town Clerk will take steps to expedite approval or to give conditional approvals prior to sale in order to protect continued residence by existing tenants.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

Detached Accessory Dwelling Units (DADU) located within Mantua shall comply with the following:

1. New DADU can only be permitted on lots that are one acre or larger.
2. The DADU must be at least 10 feet away from, and subordinate in size to the primary dwelling, and must comply with all applicable setback requirements.
3. The total area of the detached DADU shall be less than forty percent (40%) of the square footage of the primary residence and not to exceed 1,200 square feet.  
4. The DADU will not exceed the height of the primary dwelling and will not be taller than 24 feet.
5. The design and size of the DADU shall conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health, and any other applicable codes.
6. DADUs shall not be located in a front or corner lot side yard and shall meet the same setbacks as required for the primary residence in the zone. 
7. DADUs or IADUs and the main dwelling must be on the same parcel and may not be subdivided. 
8. DADUs shall be compatible with the exterior color and materials of the surrounding area.
9. A minimum of one (1) off street parking space must be provided for the DADU. 
10. Where an existing subdivision has CC&Rs in place that govern ADUs the more restrictive regulation shall govern the use and development of that subdivision.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

11.3.19.1 Policy

11.3.19.1 Security Required

1. In order to protect the Town from the financial burdens resulting from damage to or increased maintenance costs for Town facilities and Infrastructure that may occur as a result of incomplete or inadequate site improvements on private construction projects or off-site improvements performed by the developer as required by the Town and as required through the Infrastructure Impact review analysis process as defined in chapter 1. It is the policy of the Town to require that developers either complete all required on or off-site improvements prior to signing of the final plat or issuance of occupancy, or if that is not possible, that adequate financial security for that completion, together with a right of entry to the property to complete that work be granted to the Town. It is specifically the intention of the Town to require that storm drainage work, paving, curb and gutter, water and sewer facilities, soil retention structure, and landscaping as needed to control erosion be completed according to standards adopted by the Town, so that residents and taxpayers at large are not required to pay the costs of damage repair or disproportionately increased maintenance for any of these facilities.
2. No final plat will be signed , where required, and no certificate of occupancy shall be granted unless and until adequate financial security is posted in accordance with this section.

11.3.19.1.2 No Third Party Beneficiaries Intended

It is the intention of the Town that this financial security given by the developer be limited to a contract between the Town and the developer for the express purpose of providing for the protection of Town facilities and elimination of conditions which could become public nuisances. It is not intended that this security be available for payment of subcontractors or material suppliers in the nature of a surety bond, or that the security provided become available to the purchasers of property to correct construction flaws of defects which are the fault of the developer. In no event will the funds be used for purposes other than those stated in this section and the time and manner of the expenditure, and prioritization of work performed shall rest in the sole discretion of the Town.

11.3.19.2 Construction According To Approved Plans

All construction shall be completed according to the approved plans and specifications on which the building permits were issued. The approved plans shall also include the site improvements shown on the site plan. For purposes of this Code, the term "site improvements" shall include all roads, sidewalks, curbs, gutters, drains, drainage works, grades, walls, landscaping, planting, paving, utility lines and related facilities, paths and trails, and similar improvements as shown on the set of plans on which the final approval and building permits are based. "Off-site Improvements" shall refer to all facilities as defined in "site improvements" above but off of the development parcel(s) and required by the infrastructure impact review studies. These improvements will be constructed at the same time as the building development that required the improvements and will be constructed to Town standards and approved, inspected and constructed under the Authority of the Town Engineer or his/her representative. These two types of improvements may be referred to collectively as "Improvements.” Deviations from the approved plans must be approved in advance by the Town or its staff.

11.3.19.3 Security For Completion

No certificate of occupancy will be issued, nor any final plat signed when plats are required by this Code, unless the building and all required on and off site improvements are completed, or the developer has provided adequate security to guarantee timely completion of the improvements. When all of the improvements and the building cannot be completed simultaneously due to weather conditions or other factors beyond the control of the developer (excluding financial inability to complete the project) the Town may grant plat approval for recording and/or issue certificates of occupancy for the project, provided the following conditions are met:

1. The building or buildings, or portions thereof, on the property to be platted or occupied have been constructed in accordance with the approved plans for those buildings, and are in full compliance with applicable building and fire codes, and are completed to the extent that only exterior site improvement work remains unfinished; and, 
2. The Building Official determines that occupancy of the buildings, or portions thereof, prior to completion of required site improvements is safe and that access for emergency vehicles is adequate with the site improvements unfinished; and,
3. The developer posts adequate security for the benefit of the Town to insure completion of the site improvements in full compliance with the approved plans within one year from the date of plat approval (if required) or issuance of the certificate of occupancy, whichever occurs first.

11.3.19.4 Amount Of Security

The amount of the security to be posted by the developer shall be determined by the Planning Commission and/or Town Engineer, and shall be equal to 110% of the amount reasonably estimated by the Town as being necessary to complete remaining on and off site improvements as shown on the approved plans. In the event that the developer disputes the cost estimate of the Town, the developer may prove a lower construction cost by providing binding contracts between the developer and contractor or subcontractor appropriate to perform the required work at a stated, fixed price. These contracts must be supported by a 120% performance bond, insuring performance by the subcontractor or contractor. Bid proposals are not satisfactory for this purpose. If the contracts submitted are acceptable in form, the amount of security required shall be 125% of the total contract price of all such contracts submitted, plus the estimated reasonable cost of performing any work not covered by the contracts. Specifications in such contracts shall be sufficiently clear to identify the work called for under the contract.

11.3.19.5 Terms Of Security

The terms of any security arrangement offered to the Town shall state a date certain by which the developer agrees to have on and/or off site improvement work completed in accordance with the plans, and further provide that in the event that the developer has not completed required site improvement work by that date, the Town may at its option and on its schedule, draw on the funds escrowed, or credit established, or such other security device by its own act, and shall not be required to obtain consent of developer to withdraw funds for completion of the work shown on approved plans. The Town's actual costs in administering the completion of work in the event of a default by the developer shall be reimbursed from the escrow or other security arrangements in an acceptable and timely manner.

11.3.19.6 Form Of Security

Security arrangements offered in lieu of simultaneous completion of buildings and site improvements shall be in an amount fixed under the terms of Section 3.19.4, and shall be in one or more of the following forms as approved by the Town Council:

1. An irrevocable letter of credit from a bank authorized to do business in the State of Utah, naming Mantua Town Municipal Corporation as the payee of funds drawn against that letter of credit and guaranteeing the availability of funds for one year, or,
2. A deposit of cash with a third party escrow, or,
3. An agreement with the construction lender providing that the lender will withhold funds in the construction loan in an amount equal to the amount calculated in Section 3.19.4, above, and will disburse those funds only with the written consent of the Town, and only for the completion of any required improvements. As improvement work is completed, the Town will consent to the disbursement of the funds set aside by the lender.
4. Some combination of the above approved by the Town.

11.3.19.7 Retainage

The amount in excess of the actual construction costs, but in no event more than 25% of the actual construction cost, shall be held for a period of one year following final inspection and approval of the required on and/or off site improvement work by the Town. No retainage shall be held for landscaping improvements once the installation of the required materials has been approved by the Town. The retainage amount may be provided in any of the ways described in Section 3.19.6. If the developer fails to provide new security instruments within 30 days from the expiration of the security instruments provided for the initial construction under Section 3.19.6, the Town shall make a demand or draw on that security to the extent of the required retainage amount, and hold the proceeds in cash until and unless other adequate security, as provided in this Code, is posted by the developer. Retainage will be used to replace or repair any site improvements which fail or appear to be defective during the one year retainage period. The corrective work may be done by the Town or the developer. At the completion of that work, the retainage, or so much of it as remains, shall be released. Retainage amounts may be drawn and applied to any outstanding fees owed by the developer to the Town, provided that such fees are imposed by ordinance and the amount of the fees is not to be contested by the developer.

11.3.19.8 Modification Of Plans

A developer may, at its option, request modifications to plans covering on and/or off site improvement work by submitting revised plans to the Town for review and action. Until the revised plans have received approval by the Town, the developer shall be required to offer security for the performance of the improvement work as shown on the last set of plans to have received Town approval. Upon acceptance of revised plans by the Town, the Town shall release any cash, credit or other security held, which is in excess of 125% of the completion cost (estimated) of work shown on the most recently revised plan. If the modification of the plans increases the cost of required improvements, additional security must be provided by the developer to cover the increased costs.

11.3.19.9 Payment Of Interest

Any interest accruing on escrowed funds shall, unless expended for completion of site improvements required, inure to the benefit of the developer upon release and not to the Town, and the Town shall not be required to pay interest to the developer on any funds escrowed for this purpose.

11.3.19.10 Detailed Improvement Plans And Specifications

Detailed on and/or off site improvement plans and specifications shall be presented, showing the location, design and nature of all Streets, drainage works, utility pipelines, storage tanks, pumping systems and related facilities, grade changes, retaining walls and landscaping, together with any trails, paths, or walkways that may be included or required under these or other provisions of the Land Management and Development Code. All plans and supporting documentation must be approved by the Town and/or its Engineer before commencement of any work by the Developer. The Developer is responsible for all plan review fees that must be incurred by the Town or its consultants.

11.3.19.11 Single-Family Homes

This provision shall apply to all construction in Mantua Town, including single- family homes, if improvements are required in the impact analysis, provided however, that the amount of security required for single-family homes shall be the reasonably estimated cost to complete construction of any improvements and drainage works on a labor and materials basis, and the estimated cost to complete required landscaping (to the extent necessary to hold the soil in place and prevent erosion) on the basis of materials only.

11.3.19.12 Phased Projects And Concurrence

On and/or off-site improvements applicable to each phase of a phased project or development shall be completed concurrently with the first phase of the project and appropriate securities shall be put in place to insure that the total infrastructure is completed along with the first phase. Phasing of improvements may be allowed only under special circumstances as outlined by Town Staff and approved by the Land Use Authority. If phasing is allowed, adequate security for completion of each phase must be provided to ensure that each phase of infrastructure is constructed and either platted or occupied.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

All lots shall have a front, two side and a rear setback with the following exceptions and clarifications:

1. Development on corner lots shall have two front setbacks. The rear yard will be the side of the property opposite the driveway access from the street. If it is not clear which boundary should border the rear yard, the owner or developer may specify which is the rear yard.
2. Lots with more than four sides shall have a side yard on either side of the front yard. The third side yard and rear yard may be specified by the developer or owner.
3. Lots with three sides will have a front setback, side setback and rear setback. In those cases where one side is clearly opposite the front, the rear setback must be opposite the driveway. If it is not clear where side and rear setbacks should be, the developer or owner may choose which is side and which is rear.
4. On those lots which border a street on both the back and front, both sides must have a front setback.
5. Any lots which are not specified in this section shall have setbacks determined by the Planning Commission.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

A Short Term Rental located within Mantua shall comply with the following:

1. A short-term rental shall be conducted only in a single-family dwelling and only by the owner of the dwelling and shall meet all applicable requirements of this Ordinance, and all other Land Use Ordinances, Building Codes, and Health Codes, as applicable. A single-family dwelling shall be a dwelling on its own parcel that can be sold as its own separate entity.  
2. The Town Fire Chief shall inspect the premises of a short-term rental and provide a Fire Clearance that the dwelling and premises comply with all applicable Fire Codes, as adopted.
3. One (1) off street parking area for each guest room, in addition to any parking requirements for the single-family dwelling shall be provided. Parking of recreation vehicles, during the rental period, shall be allowed in the frontage of the short-term rental unit so long as it does not block drive-ways, sidewalks or the clear view area of a street or drive-way of an adjoining property or impede traffic on the street.
4. The address of any dwelling unit used for a short-term rental shall be clearly visible.
5. No accessory structure, motor home, travel trailer, tent, boat, or similar vehicle or facility shall be used as the rooms to be rented.
6. If the property is sold, the short-term rental business shall not be transferable to the new owner.
7. No more than 5% of the number of homes in the community shall be allowed to be used as a short-term rental property.
8. The property must be used as a short-term rental at least one time per year.
9. A short term rental shall provide transient rooms regularly rented for less than 30 days for a fee as herein defined and shall meet all applicable requirements of this Ordinance, and all other Land Use Ordinances, Building Codes, and Health Codes, as applicable.
10. The Chief of Police may require, as set forth herein, that the manager or person in charge of any motel or hotel shall furnish a list of the persons who have registered at such motel or hotel including all guests in an Extended Stay room. The date and time of arrival of an occupant of each unit shall be noted upon the record to be kept pursuant thereto. In no event shall there be a letting to, or occupancy by, any other person of such unit within the day noted. No person residing within the municipality for a period of 60 days, or over, in any 180-day period, is to be deemed a transient under the provisions of the City Code, nor is such person to be permitted to occupy any unit licensed hereunder unless such unit is so constructed to be in full compliance with the Building Code.
11. The Chief of Police shall notify the manager or person in charge at least 24 hours in advance of the request to inspect. If the manager or person in charge does not grant the request to inspect or otherwise objects to the request, the Chief of Police may issue an administrative subpoena requiring the manager or person to make the records available for inspection within 24 hours of issuance, or the Chief of Police may obtain a warrant. Prior to issuance, administrative subpoenas shall be reviewed and approved by the city attorney.
12. No person shall register for accommodations at any hotel or motel under a false, fictitious, or assumed name, without first making his or her true name known to the person in charge thereof.
13. Whoever violates or fails to comply with any of the provisions of this section is guilty of a class B misdemeanor for each such offense. A separate offense shall be deemed committed for each unit and for each day during or on which a violation or noncompliance occurs or continues.
14. A business license, sales tax number, and collection of transient room tax shall be required from a short-term rental. The business license shall be renewed annually.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

A Bed and Breakfast Inn is a conditional use and when allowed as a conditional use, shall be approved only in compliance with this code and the following:

1. The lot shall have at least one hundred twenty feet (120’) of frontage on a dedicated street. Bed and Breakfast Inns shall be limited to five (5) guest rooms.
2. One (1) off-street parking space shall be provided per employee plus one (1) space per guest room. On-street curbside parking may be used to satisfy this requirement at the rate of two (2) spaces per sixty feet (60’) of lot frontage on a dedicated street.
3. Meals may be served to residents, employees, overnight lodgers, and guests of overnight lodgers only. No cooking facilities shall be allowed in guest rooms.
4. Such use shall conform to all applicable health, safety, and building codes and must be capable of such use without structural or site alteration which changes the residential character of the structure and yards.
5. No alcoholic beverages shall be sold on the premises.
6. No receptions, banquets, or catering shall be permitted other than for lodgers.
7. Any commercial use shall be incidental to the Bed and Breakfast use, i.e., gift shop, etc. and shall be limited to five percent (5%) of the total square footage of the main floor of the building.
8. One identification sign not exceeding the area requirements for the respective zone in which the inn is located may be placed on an ornamental masonry wall, monument or structure that is unobtrusive and blends in well with the surrounding character of the neighborhood or building design. The freestanding sign shall not be higher than five feet (5’) unless the sign is located adjacent to an arterial road, in which case the height of the sign shall not exceed ten feet (10’). If illuminated, only hooded spot lighting is allowed. Backlighted signs shall be strictly prohibited. All signage shall be approved by the Land Use Authority.
9. No long-term rental of rooms shall be permitted. The maximum stay for lodgers shall be seven (7) days.
10. A Town business license shall be required to be obtained as a condition of approval.
11. Supervision by an on-site manager or owner shall be required on a twenty four (24) hour per day basis.
12. Care shall be taken to ensure that no exterior lighting shines directly into adjoining properties.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

Any application for a permit to maintain a liquor store or private club shall be a conditional use and shall conform to the following additional conditions beyond those created by the Town Staff and approved by the Land Use Authority and shall comply to all aspects of this Code.

1. No liquor store or private club may be established within three hundred feet (300’) of the nearest residential zoning district boundary line, measured in a straight line from the nearest entrance of the liquor or club outlet.
2. Liquor stores and private clubs shall locate on either collector or arterial streets as may be defined in the Town’s General Plan.
3. Off-street parking shall be provided at the rate of one (1) space per one hundred square feet (100 sq. ft.) of total floor space in the building for liquor stores or clubs.
4. A permit to maintain a liquor store or private club as a conditional use must be approved directly by the Land Use Authority.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

1. Family Day Care services as defined in Chapter 2 of this code, shall require a business license issued by the Town. The provider of day care services shall be limited to six (6) children. The provider must reside in the residence where services are provided. The provider must receive a license from the State of Utah within sixty (60) days after approval by the Town to provide day care services.
2. Family Group Day Care services as defined in Chapter 2 of this code shall require a Conditional Use Permit. The provider shall be limited to twelve (12) children. The provider must reside in the residence where services are provided. The subject residence must conform to the International Building Code (IBC) prior to operating the facility. The provider must receive a license from the State of Utah within sixty (60) days after approval by the Town to provide family group date care services.
3. Child Day Care or Child Care Centers as defined in Chapter 2 of this code shall require a Conditional Use Permit. All Centers must comply with the International Building Code (IBC) prior to occupancy and must receive a license from the State of Utah within sixty days after approval by the Town for child day care or child care center services.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

11.3.25.1 Purpose And Objectives

The following regulations are provided to accommodate those uses of land or buildings which are temporary in nature and are not, therefore listed as regular permitted or conditional uses in any zone of the Town. The character of these uses is such that proper conditions are required to protect adjacent properties and the general health, safety, and welfare of the citizens of Mantua. Any building or structure which does not meet the requirements of this Chapter shall be treated as a permanent land use and shall conform to all required standards of the building, health, fire, zoning, and other similar codes.

11.3.25.2 Uses Allowed

1. Uses allowed on a temporary basis in accordance with provisions of this Chapter may include, but are not limited to, the following: carnivals, circuses, fireworks stands, fireworks displays, Christmas tree lots, promotional displays, tents for religious services, revivals, retreats, political rallies, or campaign headquarters. Uses shall be allowed for not more than seven (7) days duration.
2. A temporary use permit shall not be required for a garage sale, provided that the garage sale shall not operate for more than a total of five (5) days in any calendar year, and shall be conducted by bona fide residents of the premises. Goods for sale shall consist of personal belongings of the residents. Goods offered for sale shall not be placed over a public sidewalk or in a public right-of-way.

11.3.25.3 Prior Approval Required

Prior to the establishment of any of the above uses, or any qualifying temporary use, (except fireworks stands or fireworks displays, permits for which shall be administered by the Fire Department), a temporary use permit must be obtained from the Land Use Authority with any conditions specified on the permit as required by the Town. A temporary use permit shall not be construed as a conditional use permit and therefore is not required to meet the notification requirements of this code, however, the application procedure is similar to a conditional use permit in that specific conditions may be required of the applicant and compliance to the conditions and the International Building Code (IBC), if applicable shall become necessary to the granting, continuance or administration of the permit. Any application for such permit shall meet any necessary requirements of this code and this section and shall be made by the property owner or his/her authorized agent. The grant permit shall require the following findings:

1. That the conduct of the requested use will not have any detrimental effects on adjacent properties and will be in general harmony with surrounding uses.
2. That the requested use will not create excessive traffic or parking hazards on adjacent streets and that traffic control, if necessary, shall be provided at the expense of the applicant.
3. That the applicant shall have sufficient liability insurance for the requested use or event.

11.3.25.4 Standards And Requirements

A temporary use established under the provisions of this Chapter shall conform to the following standards and requirements:

1. Any structure requiring sanitary facilities by building, fire, health, or other similar codes shall be located on the same lot as a host structure unless independent water and sewer service is provided to the temporary structure. Where such codes require sanitary facilities, they may be provided by a host structure provided that there is:
2. No indoor seating of patrons;
3. Written evidence that a host structure will provide permanent sanitary facilities for any employees and that such facilities are conveniently located not more than three hundred feet(300’) from the structure and will be accessible during all periods of operation of the use;
4. Any food sales and/or preparation must meet current Town and/or County health requirements.
5. The minimum required parking shall be two (2) spaces except that a reasonable number of additional parking places may be required. Such parking shall not have the effect of decreasing any existing parking that is required for any other use existing on the site. All parking shall meet the standards for off-street parking as specified in this chapter except that required parking may be provided on a gravel rather than a concrete or asphalt cement surface.
6. The layout of the proposed use shall be compatible with the access, parking, circulation, and other significant elements of any other uses or structures existing on the site.
7. All structures shall be securely anchored to the ground at not less than four (4) points as directed by the Building Official or Town Engineer.
8. The right to occupy the site shall be secured by a written agreement with the owner of the parcel and the owner of any host structures. Said agreement shall address the question of use of restroom facilities by employees, responsibility for maintenance, and restoration of the site upon termination of the use. A copy of the proposed agreement shall be part of the application.
9. Approval for each temporary use permit shall bear an expiration date based upon the nature of the use. In no case shall approval be given for a period exceeding seven (7) days. Garage sales need not obtain a Temporary Use permit, but shall not operate the sale for a period exceeding five (5) days in any calendar year, and shall be conducted by bona fide residents or lessors of the premises. Goods for sale shall consist of household type items used by residents of the premises. If any temporary structure becomes vacant prior to the expiration of the permit, it shall be removed within fifteen (15) days of the vacancy.
10. The landowner of the parcel or the temporary use applicant shall provide a cash bond for the restoration of the site of said use to its original condition, including cleanup, replacement of facilities, and removal of any structures according to the schedule established in a fee resolution passed by the city council.

11.3.25.5 Action On Application

A use meeting the requirements stated above shall be approved and a use not meeting the requirements stated above shall be denied, or may be approved with appropriate conditions to assure that the use will be compatible with and will not pose any detriment to persons or property. Said conditions may include a limitation upon hours or operation and/or a time limitation which is less than the maximum established by this section.

11.3.25.6 Revocation Of Permit

A permit may be revoked in the event of a violation of any of the provisions of this section or the conditions set forth in the temporary use permit.

11.3.25.7 Business License Required

A temporary use permit is not a business license and the granting of said permit shall not relieve the permittee of any other license requirement of the Town or any other public agency.

11.3.25.8 Fees

In order to offset a portion of the costs incurred by the Town in processing temporary use permits, a fee may be charged as established by the Town in its fee and/or rate resolutions as may be applicable at the time.

11.3.25.9 Christmas Tree Sales; Permit

1. It shall be unlawful for any person to sell or offer for sale in the Town, any cut fur, evergreen, or Christmas tree, without a permit, except when the permit requirement is specifically waived by the Planning Commission.
2. A permit to sell cut fur, evergreen, or Christmas trees shall be obtained as otherwise described in this section. The permit required by this section shall allow tree sales for a period of forty five (45) days ending December 25 of the year in which the permit is issued. The fee charged for the permit described in this section shall be in lieu of a business license fee. Provided, however, that no fee shall be charged for the permit required by this section if:
3. the applicant possesses a business license for which the applicable fee, if any, has been paid, and,
4. the applicant complies with the provisions of this section except for the payment of a permit fee, and,
5. the applicant provides documentation showing that the trees to be sold have been lawfully cut, and are owned by the applicant.

11.3.25.10 Town Celebrations Or Events

Any Town sponsored celebrations or special events of a temporary nature is exempt from the requirements of obtaining a temporary use permit as described by this section.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

11.3.26.1 Conditional Use Permit Required

A Conditional Use Permit for a Commercial Recreational Vehicle (RV) Park or Campground facility, must be issued in accordance with the provisions of this Code and this section before such a facility may be constructed in any zone which permits said construction and location as a conditional use. In addition to such terms and conditions as may be required upon the issuance of a Conditional Use Permit for a RV Park or Campground, all RV Park or Campgrounds shall be built to the standards set forth in this Code. RV shall mean Recreational camping type vehicles, travel trailers as well as tent trailers or tents if applicable.

11.3.26.2 Property Development Standards

The following development standards shall apply to the individual RV or camping sites. Plans and elevations for the RV Park or Campground and any buildings or structures proposed for location therein shall be submitted with the application for a Conditional Use Permit for a RV Park or Campground in conformance with the provisions of this Code. Said plans shall be in conformance with the following general development standards:

1. RV or Camping Site Requirements. Each site shall be plainly marked and numbered for identification and shall meet all requirements of this Code.
2. RV or Camping Site Area. Each RV or camping site in a park shall have an area of not less than one thousand five hundred (1,500) square feet.
3. RV or Camping Site Width. Each site shall have an average width of twenty-five (25) feet. Trailers shall be separated from each other and from other structures by at least fifteen (15) feet. Any accessory uses such as attached awnings or steps, shall, for the purposes of this separation requirement, be considered to be part of the trailer.
4. RV or Camping Site Frontage. Each site shall abut directly upon a park street for a minimum distance of twenty (20) feet. Alignment and gradient shall be properly adapted to topography and provisions shall be made for proper drainage.
5. Trailer Density. Not more than one (1) RV shall be placed on a RV site.
6. Site Coverage. The RV and/or accessory structures shall not cover more than fifty (50) percent of a RV or camping site.
7. Off-Street Parking:
8. Each RV site shall have thereon a paved space suitable for providing automobile parking which may be a pad of or a continuation of a pad upon which the trailer or “RV” will rest. Said parking space shall have un-encumbered dimensions of not less than nine (9) feet in width and twenty (20) feet in length.
9. Each RV site shall provide sufficient parking and maneuvering space so that the parking loading or maneuvering of trailers incidental to parking shall not necessitate the use of any public street, sidewalk, right-of-way, or any private grounds not part of the RV parking area.
10. There shall be provided guest parking in each RV or camping park at the ratio of one (1) parking space for each ten (10) RV or camping sites within said park. These spaces shall be in addition to those on-site spaces required by (1) above.
11. Landscaping. The following landscaping provisions shall apply to all RV or camping parks:
12. All open areas except driveways, parking areas, walking ways, utility areas, or patios shall be maintained with landscaping in accordance with a detailed landscaping plan to be approved in conjunction with issuance of a Conditional Use Permit.
13. Trees shall be planted along the street frontages as may be required as a condition of a Conditional Use Permit upon recommendation of Town Staff or the Planning Commission. There shall also be at least one (1) tree upon each RV site.
14. Walls and Fences. Walls on individual RV or camping sites shall not exceed two (2) feet in height. In addition, a decorative wall six (6) feet in height shall be erected around the perimeter of each RV Park. Said walls shall be constructed of materials that complement the area and must be approved as part of the Conditional Use Permit process.
15. Park Streets. Park streets shall be provided in such a pattern as to provide convenient traffic circulation within the RV Park. They shall be built to the following standards:
16. Streets shall be at least twenty-five (25) feet wide. Parking shall not be allowed on park streets.
17. The park streets shall be paved in accordance with Town standards and shall be provided with concrete curb and gutter if applicable in current standards. Said curb and gutter may be of a "roll" type to provide convenient access to trailer sites.
18. RV park streets shall be lighted in accordance with the requirements of the Town Council or Engineer.
19. Recreation Areas. A central recreation area shall be established in all RV parks which shall be easily accessible from all trailer sites. The size of such recreation areas shall be not less than ten (10) percent of the gross site area of all RV spaces, or three thousand (3,000) square feet, whichever is greater.
20. RV or Camping Park Office. Every RV or camping park shall include a permanent building for office use. Such building may include a single-family dwelling for the exclusive use of the owner or manager, provided there is an area of not less than twelve hundred (1,200) square feet devoted exclusively to the use of said single-family dwelling and the occupants thereof.
21. Laundry Rooms. Every RV or camping park shall have one (1) or more laundry rooms. Outdoor laundry drying lines shall not be permitted on any RV or camping sites.
22. Restrooms and Shower Facilities. Restrooms, including toilets, showers, and lavatories, shall be provided within a RV or camping park to conveniently and adequately serve said park.
23. Utilities. All utility distribution facilities, including television antenna service lines serving individual RV sites, shall be placed underground. The owner is responsible for complying with the requirements of this section, and he shall make the necessary arrangements with each of the public serving utilities for installation of said facilities. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts, and other necessary appurtenances to such underground facilities may be placed above ground. All RV sites must be served with water and electricity. Tent only campgrounds shall only be serviced with water to each site or group of sites. Natural gas hookups shall not be provided upon individual RV or camping sites.
24. Storage. There shall be no open storage of personal belongings within a RV or camping site, nor shall there be an accessory building, shed, or cabinet placed upon or erected upon an individual RV or camping site for the storage of materials or personal belongings.
25. Fuel Tanks. All fuel tanks maintained within a RV site must be mounted securely upon or attached to the RV or recreation vehicle which they serve. No such tanks shall be larger than fifty (50) gallon capacity. No accessory, freestanding fuel tanks shall be permitted in individual RV sites, except that one (1) such tank no larger than fifty (50) gallons may be approved by the Zoning Administrator for use only during the period of November 1 to February 29 in locations specifically approved. All fuel tanks must comply with State and federal regulations governing their construction and installation.
26. Skirting. Any skirting surrounding the open space beneath a RV or other recreation vehicle shall be of the same basic material as the exterior skin of the vehicle and shall have the same color(s) as that of the skin of the vehicle, or complimentary color(s) thereto.
27. Extra Vehicles. In addition to a self-propelled recreational vehicle or RV and necessary tow vehicle, the occupants of a RV site may have only one (1) other vehicle, which is owned by said occupants or otherwise associated therewith, located within the RV or camping park.
28. Removal of Wheels. There shall be no removal of axles, wheels or tires from a RV or other vehicle located within a RV or camping park, except for emergency, temporary removal to accomplish repairs.
29. Mail Boxes. There shall be no separate mailboxes, separate street address designations, or other similar accessories which would give the appearance of "permanence" to occupants of a RV site.
30. Disclosure. The owner(s) of any RV park in Mantua Town built and/or regulated by these provisions shall provide a copy of the standards set forth in this section to all occupants who are tenants of the park.

11.3.26.3 Minimum Park Area

No RV park or camping facility shall be constructed on a parcel of property which has an area of less than five (5) acres.

11.3.26.4 Length Of Occupancy

No RV or camping site located within a park established under the provisions of this section shall be occupied by any individual, family, or group of individuals within a trailer camper, motor home, tent trailer, tent or other facility for a period exceeding one hundred and twenty (120) days in a calendar year.

11.3.26.5 Eating And Cooking Facilities

Each RV or camping site shall be equipped with a picnic table and benches or equivalent, and an outdoor cooking facility which meets the approval of the Fire Department.

11.3.26.6 Wastewater And Trash Disposal And Drinking Water Stations

Each RV or camping park shall have facilities for disposal from the holding tanks of trailers and similar vehicles, which shall be hooked to the Town sewer system. Also a source of potable water for filling RV, travel trailer or other water tanks shall be required. Proper- screened facilities for waste storage, handling and disposal must also be approved by the Planning Commission.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

11.3.27.1 General Requirements

There shall be provided and maintained at the time of erection of any main building or structure off-street parking space with adequate provisions for ingress and egress by standard sized vehicles as hereinafter set forth. Such parking space shall be located on the same lot as the building it is to serve. No parking shall back directly onto any street.

11.3.27.2 Remodeling Or Enlargement Of Buildings

Whenever existing buildings are enlarged or increased in capacity, or a change in use occurs, additional off-street parking spaces shall be provided which will meet the requirements applying to such enlargement or change in use.

11.3.27.3 Quantity Of Parking Spaces

The number of parking spaces for uses not specified herein shall be determined by the Planning Commission being guided where appropriate by the regulations set forth herein and Table 3.27.12 for uses of buildings which are similar to the use or building under consideration.

11.3.27.4 Setback Exclusions And Conflicts

In a residential zone, no part of any private or public parking lot shall be located in a setback adjacent to a street except under the following circumstances:

1. A parking lot may be approved in the portion of a front setback area which is outside the area formed by two (2) lines which extend from the outermost dimensions of the building perpendicular to the property line adjacent to the street, provided there is a minimum of ten feet (l0') of landscaping adjacent to the street, there is a total of at least thirty feet (30' ) of landscaping between the street and the building, and the landscaping plan is approved by the Planning Commission.
2. A parking lot may be approved in any portion of a front setback area provided there is a minimum of ten feet (l0') of landscaping adjacent to the street, there is a total of at least thirty feet (30') of landscaping between the street and the building, and the landscaping plan is approved by the Planning Commission.
3. A parking lot may be approved in the area of a side setback facing a street provided there is a minimum of ten feet (l0') of landscaping adjacent to the street, there is a total of twenty feet (20') of landscaping between the street and the building, and the landscaping plan is approved by the Planning Commission.
4. In cases where there is a unique lot configuration, or an existing structure that the applicant is remodeling or when it is necessary to change the parking requirements, the Appeal Authority may, upon appeal of the applicant, consider lowering the landscaping requirements immediately adjacent to an arterial street providing such variance does not create increased unreasonable hazards to the health, safety, and general welfare of the residents in the area.

11.3.27.5 Landscaping

In reviewing the landscape plans, the Planning Commission shall consider the location, number, size, and type of plants, the method of irrigation to be used and other similar factors.

11.3.27.6 Conversion Of Parking To Other Uses

Space allocated to comply with these regulations shall not be used later for additional structures or uses unless other space so complying is provided.

11.3.27.7 Areas Of Spaces

For the purpose of this Chapter, a space of not less than eight and one-half feet (8 ½') by twenty feet (20') of lot area with access to public streets by standard-sized automobiles shall be deemed to be parking space for one vehicle.

11.3.27.8 Mixed Or Combined Parking Uses

In the case of mixed uses on the same site the amount of off-street parking spaces required shall be the sum of the parking required under this ordinance for the principal use together with a reasonable amount for all accessory uses. Said reasonable amount shall be determined in light of the uses, location and circumstances of the building or structure and in consideration of the provisions of this ordinance.

11.3.27.9 Parking Surfaces

All required parking areas shall be surfaced with either concrete or bituminous asphalt as approved as to specifications by the Town Engineer.

11.3.27.10 Parking Vehicles On Vacant Lots

It shall be unlawful for the owner of a motor vehicle to park it or allow it to be parked on the property of another person for the purpose of displaying it for sale, unless the person upon whose property it is parked or the lessee of such property has an Mantua Town business license to engage in the business of selling motor vehicles at that location. It shall also be unlawful for the owner or lessee of such property to allow another person to park a motor vehicle on the property for the purpose of displaying it for sale unless such owner or lessee has a business license to engage in the business of selling motor vehicles at that location.

Said business license may be subjected first to the requirements of obtaining a temporary conditional use permit or temporary use permit as deemed by the Town as per this code.

11.3.27.11 Specific Requirements By Use

Minimum on-site and off-street parking spaces for individual or similar uses shall be provided for in accordance with table 3.28.12 as follows and as interpreted by the Planning Commission for uses not specific to those listed in the following table. Note that SLU means Standard Land Use codes, and corresponding codes may be found in appendix A at the end of this Code:

Table 3.27.12 Parking Requirements Per Use

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

11.3.28.1 General Requirements

The following general requirements shall apply to all signs and outdoor advertising structures which may be erected or maintained within the Town of Mantua.

11.3.28.1.1 Sign Approval

Except as otherwise provided, it shall be unlawful and a Class C Misdemeanor to erect or maintain any sign or outdoor advertising structure in the Town without first obtaining the approval of the Land Use Authority for said sign or advertising structure, the giving of which shall be based upon the provisions of this section. Said approval shall not be required for temporary non-electrical wall and temporary nonelectrical freestanding signs of less than sixteen square feet (16 sq. ft.) in area. Home based business signs will be approved as part of the Home Based Business License.

11.3.28.1.2 Permits

The approval of the Land Use Authority shall be evidenced by a permit issued by the Building Official. All signs shall be constructed and all permits shall be issued in accordance with the provisions of the International Building Code (IBC). All standards in this section are minimum standards, greater restrictions or limitations may be imposed by the Land Use Authority. Permits for off-premise non-conforming signs shall be renewed on an annual basis. Applications for permits, or for the renewal of permits, shall require the applicant to disclose the owner of the sign and the owner of the property on which the sign is or will be located, all relevant dates in regard to expiration of any lease or lease option, the date and cost of construction of the sign, the date and cost of any modification of the sign, the fair market value as appraised for property tax purposes, the date the sign will be depreciated for federal income tax purposes, the cost of operating the sign, and any other information reasonably required by the Land Use Authority. A permit may be revoked and a sign removed pursuant to Section 3.28.1.7 if the applicant for a permit makes a false or misleading statement in the permit application or renewal.

11.3.28.1.3 Animated Signs

Flashing or rotating signs are not permitted.

11.3.28.1.4 Sound Or Emissions

No sign shall be designed for the purpose of emitting sound, smoke, or steam.

11.3.28.1.5 Movable, Freestanding Signs

Except as otherwise provided in this Chapter, all movable, freestanding signs, including movable, freestanding, A-frame signs, are permitted. Such signs shall not exceed six feet (6’) in height nor sixteen square feet (16 sq. ft.) in area.

11.3.28.1.6 Canopy Signs

Signs painted on or affixed to canopies which are part of the building shall be considered part of the total allowed area of wall signs for the walls from which the canopy projects. Signs painted on or affixed to canopies which are freestanding shall be considered part of the total allowable area of freestanding signs for that use. Signs suspended under canopies (marquees) which project over public rights-of-way shall be limited to six square feet (6 sq. ft.).

11.3.28.1.7 Violations

It is unlawful to erect or maintain a sign contrary to the provisions of this section. If a sign is erected or maintained in violation of this section the Land Use Authority may do the following:

1. order the defect corrected within a fixed period of time, not exceeding thirty (30) days, if correction of the defect will bring the subject sign into compliance with the provisions of this section; but,
2. if correction of the defect will result in a violation of the provisions of this section, order that the subject sign be removed by, and at the expense of the owner of the sign, within a fixed period of time not exceeding thirty (30) days.

If the owner of the sign contests the order of the Land Use Authority, the remedy shall be an appeal to the Appeal Authority, which appeal shall be taken in the time and manner otherwise provided in this code for appeals to the Appeal Authority. If the owner of the sign fails or refuses to remove the subject sign at the order of the Land Use Authority, the Town may remove the sign at any time after the owner thereof exhausts his or her administrative remedies in relation thereto, unless otherwise ordered by a court of law. Removal by the Town shall be at the expense of the owner, and the Town may obtain judgment against the owner in an amount equal thereto, together with reasonable attorney’s fees and costs.

11.3.28.2 Signs On Premises

Except as provided within the provisions of respective zoning districts, and unless otherwise expressly provided in this section, no sign shall be permitted which is not used exclusively to advertise the ownership, sale, or lease of property upon which said sign is placed, or to advertise a business conducted, services rendered, goods produced or sold upon such premises, or to advertise or identify any other lawful activity conducted upon such premises.

11.3.28.3 Exceptions

This Chapter shall have no application to signs used exclusively for:

1. The display of official notices used by any court or public body or official, or the posting of notices by any public officer in the performance of a duty, or by any person giving legal notice.
2. Directional, warning, or information signs of a public or semi-public nature, directed and maintained by an official body or public utility.
3. Barber poles not to exceed six feet (6’) in height located on private property and bearing no advertising copy or message.
4. Any sign of a non-commercial nature when used to protect the health, safety, or welfare of the general public.
5. Any official flag, pennant, or insignia of any nation, state, city, town, or other political unit.

11.3.28.4 Color Palate Standards

Sign colors shall be selected of the colors listed in the color palate found in Appendix C. Shades of white and black are permitted.

11.3.28.5 Location Standards

All signs and outdoor advertising structures shall comply with the following location requirements:

1. Fire Escapes. No sign shall be erected in such a manner that any portion of the sign or its support will interfere with the use of any fire escape, exit, or standpipe, or obstruct any required stairway, door, ventilator, or window.
2. Traffic. No freestanding or projecting sign shall be erected at any intersection improved for vehicular traffic within a triangular area formed by the property lines and their projections and a line connecting them at points twenty-five feet (25’) from the intersections of the projecting property lines; unless same in its entirety is less than three feet (3’), or more than six feet (6’) above the curb grade, no part of its means or support has a single or joined horizontal dimension exceeding twelve inches (12”), or said sign is within an area in which a building or structure is permitted by the provisions of the respective zone.
3. Utility Lines. No sign shall be erected or maintained which has less horizontal or vertical clearance from communication lines and energized electrical power lines than that prescribed by the laws of the State of Utah or rules and regulations duly promulgated by agencies thereof.
4. Clearance. No sign shall be erected in such a manner that any portion of the sign or its support will extend over a public or private walkway.

11.3.28.6 Special Purpose Signs

In addition to any other permitted sign(s), signs for special purposes set forth in this Sub- Section shall be permitted as provided herein.

1. For Sale, Rent, or Lease Signs. In all zoning districts, signs may be erected to advertise the sale, rent, or lease of property upon which said signs are placed. Said signs shall be limited to one (1) sign per street face, unless otherwise provided by the zoning provisions, and shall not exceed an area of three square feet (3 sq. ft.) in residential zones or sixteen square feet (16 sq. ft.) in non-residential zoning districts. Said signs shall be exempt from project plan approval. Signs shall not exceed six feet (6’) in height from the ground to the top of the sign.
2. Directory Signs. In all districts where group occupancies in office buildings, commercial buildings, or industrial buildings are permitted, directory signs may be erected displaying the names of occupants of a building who are engaged in a particular profession, business, or industrial pursuit. Said sign shall be situated at least two feet (2’) inside the property line and shall not exceed six feet (6’) in height from the ground to the top of the sign. Said sign shall not exceed an area of thirty two square feet (32 sq. ft.) and shall not be placed within a clear-vision area of a corner lot as set forth in this Section.
3. Construction Project Signs. Signs may be erected in conjunction with construction projects and used for the purpose of publicizing the future occupants of the building; architects, engineers, and construction organizations participating in the project; and such other information as may be approved by the Planning Commission. In residential districts no such sign shall exceed sixteen square feet (16 sq. ft.) in area. In other districts, no such sign shall exceed an area of thirty two square feet (32 sq. ft.)  and no freestanding sign shall exceed six feet (6’) in height from the ground to the top of the sign. All such signs shall be removed before a final inspection is granted by the Building Official or an occupancy permit is issued.
4. On/Off-Site Directional Signs. Directional signs may be erected for the purpose of facilitating or controlling the efficient or safe movement of pedestrians or vehicles on or into private property and shall be located on the properties to which they pertain. No such sign shall exceed six square feet (6’) nor six feet (6’) in height from the ground to the top of the sign.
5. Open-House Signs. Open-house signs advertising real estate open for inspection for a prospective sale may be placed on private property in all districts with the consent of the owner, lessee, or occupant. Such signs shall not exceed six square feet (6 sq. ft.). Signs shall not exceed six feet (6’) in height from the ground to the top of the sign.
6. Church, Quasi-Public Organizations and Apartment House Identification Signs. In all districts, a church or quasi-public organization may erect one (1) wall sign on the premises to identify the name of the organization and announce activities thereof. Apartment houses of four (4) or more dwelling units may erect one (1) sign on the premises to identify only the name of the apartment complex and to indicate a vacancy. Said wall sign shall not exceed an area of twenty five square feet (25 sq. ft) and may be mounted upon a freestanding, ornamental masonry, wood or stone wall. Signs shall not exceed six feet (6’) in height from the ground to the top of the sign.
7. Bus Bench Signs. In all zoning districts, one (1) bus bench sign may be installed at each bona fide stop along a public transit route provided the owners of said benches are authorized to operate in the Town and advertising on said benche(s) does not exceed an area of twenty square feet (20 sq. ft.). Signs shall not exceed six feet (6’) in height from the ground to the top of the sign.
8. Development Promotional and Directional Signs. One (1) development promotional sign may be placed on the premises of each subdivision, master planned development, or condominium project having four (4) or more lots or approved dwelling units. Said promotional sign may have an area of thirty-two (32). A second development promotional sign may be placed on the premises of each subdivision, planned development, or condominium project having two (2) or more separate, major points of access and having fifty (50) or more lots or approved dwelling units. Said promotional sign may have an area of thirty-two (32) square feet. In addition, two (2) directional signs may be located off-site to contain only the name and direction of any subdivision or master planned development. Said signs may have a maximum area of twelve (12) square feet each and shall not be located in the right- of-way of any public street. Signs shall not exceed six (6) feet in height from the ground to the top of the sign. All of the above signs shall be removed not later than thirty (30) days following the sale of all lots or dwelling units in said development, and before a final inspection is granted by the Building Inspector.
9. Name Plates. One (1) nameplate or marker shall be allowed for each dwelling to indicate only the occupant's name. Said name plate shall not exceed one (1) square foot in area, and shall not contain an occupational designation.
10. Election/Campaign/Political Signs -Said signs shall not be posted on any public property or Town Right of Way. Said signs shall be removed within 7 days of election by owner of property upon which the said sign is posted.

11.3.28.7 Classification Of Signs

Every sign erected or proposed to be erected within the Town of Mantua shall be classified by the Planning Commission in accordance with the definitions of signs contained in this Chapter. Any sign which does not clearly fall within one (1) of the classifications shall be placed in the classification which the sign, in view of its design, location, and purpose, most clearly approximates in the opinion of said Planning Commission.

11.3.28.8 Signs Permitted - Residential Zones

No sign shall be erected in any residential zones except as provided within the provisions of the respective zoning districts as established in this Code, except that certain special purpose signs may be erected in all zones in compliance with the provisions of Sub-Section 3.28.5 of this Section. Home based businesses signage requirements are cover in Section 3.12 of this code.

11.3.28.9 Signs Permitted In Commercial Zones

For each place of business or occupancy within a commercial zone, the following types of signs shall be permitted in conformance with the standards set forth:

1. Freestanding Signs Six Feet and Under in Height. Appurtenant freestanding signs six (6) feet or less in height shall meet the following requirements:
2. Areas: Not to exceed 32 square feet.
3. Number: There may be one (1) such sign for each frontage of the property, plus one (1) additional sign for each one hundred (100) foot increment of said frontage in excess of two hundred (200) feet. Said signs shall be placed no closer than fifty (50) feet apart. In the case of a parcel of property having multiple occupancies with a common frontage, the frontage shall be deemed to be that of the entire commonly used parcel of property and not the frontage of the individual business or occupancies.
4. Projection: No such sign shall project over a property line, nor more than five (5) feet into any required front yard.
5. Wall Signs and Painted Wall Signs. Except as otherwise provided in this section, every wall sign and painted wall sign in a commercial zone shall comply with the following requirements:
6. Area: The maximum area shall be 32 square feet
7. Number: There may be two (2) such signs for each building face, but in no case shall a total wall sign area for each face exceed 32 square feet. No building shall be deemed to have more than four (4) building faces.
8. Height: No part of any such sign shall extend above the top level of the wall upon, or in front of, which it is situated.
9. Projection: No such sign, including any light box or structural part, shall project more than eighteen (18) inches from the face of the pan of the building to which it is attached. No copy is permitted on the sides of any such sign. No such sign shall project over a property line.
10. Roof Signs. Roof signs in commercial zones are not permitted.

11.3.28.10 Signs Permitted In Other Zones

For those zoning districts which do not have sign regulations as a part of the zone provisions, and for those which are not readily placed into classifications referred to in preceding sections, the Land Use Authority shall classify said zones as either: residential, agricultural, commercial, or light industrial/manufacturing zones depending upon the similarity of the characteristics and permitted uses of said zone to those already classified.

When such a classification has been made by the Planning Commission, the sign provisions applying to the respective classification shall apply to said zones.

11.3.28.11 Off-Premise Advertising Structures

11.3.28.11.1 Prohibition Of New Off-Premise Signs

Except for off-premise public information and logo signs meeting the size, shape, color, and other requirements described below in sub-paragraph 3.28.11.2, no permits shall be issued for the construction of off premise signs or outdoor advertising structures. All lawfully existing off-premise signs and outdoor advertising structures are nonconforming uses in all zones of the Town.

11.3.28.11.2 Public Information And Logo Signs

Off-premise public information signs are permitted pursuant to this section for the purpose of directing the traveling public to points of interest, historical sites, and other locations of interest, approved as such by the Land Use Authority.

Specifications for off-premise information signs are set forth in the Manual of Uniform Traffic Control Devices as adopted by the Town and all such signs shall comply with these specifications. Off-premise “logo" signs are permitted under this section for the purpose of directing the traveling and general public to business establishments which provide lodging, food, camping, gas, or other services.

Identified by the State of Utah Department of Transportation as the "Logo Sign Program," these signs shall comply with the following regulations:

1. Logo Sign Program. In constructing and maintaining a logo sign program of signs, the owner and installation contractor shall comply with and adhere to all applicable state and federal laws and regulations, and to UDOT Policy and Procedure. All signs that will be placed within the Town, must be approved by the Town planning commission prior to installation.
2. Logo Structures. All logo structures shall conform to specifications as shown in the Utah Department of Transportation approved drawings or must be approved by the Land Use Authority. Directional signs shall not exceed 16 square feet in size, and accommodate no more than two businesses.
3. Placement. Placement of logo signs within the Town of Mantua shall follow the guidelines outlined in any applicable contracts with the State of Utah, department of transportation. Contractors shall obtain the necessary approval and permits from the Town.
4. Height. No sign shall exceed 6 feet from the ground level to the top of the sign.
5. Offset. In general, the offset (location) of the sign shall be setback equal to existing signage in the right of way. If no other signage exists, offsets shall be no less than 8 feet. All locations must be reviewed and approved by the Town for traffic safety.
6. Design. Business logo sign design shall consist of the business name, trademark, or symbol, provided it does not resemble any traffic sign, symbol, or device. The business symbol, name, etc. must be consistent on all business signs for that business. Business logos will contain no supplemental advertising and be uniform in size. The size of the logo plates shall not exceed 10 square feet for total of all logos on a sign.
7. Number. There may not be more than one directional sign per type, (camping, gas, lodging, food, etc.) per each location.
8. Removal. If any business which is participating in the logo sign program closes, the logo for said business must be removed within 15 days from closure of said business. If said sign(s) are declared to be a traffic hazard, they must be removed as determined by the Town Engineer. Failure to remove the sign within the fifteen (15) day period shall be unlawful, the sign shall be a nuisance, and the sign thereafter may be removed by the Town and the expense of removal charged to the owner.

11.3.28.11.3 Acquisition Of Interests

Mantua Town may acquire title to off-premise non-conforming signs or outdoor advertising structures by gift, purchase agreement, exchange, or eminent domain, and shall have the right to amortize off-premise non-conforming signs as permitted by state or federal law.

11.3.28.12 Non-conforming Signs

1. On-premise signs. All on premise or appurtenant signs which have been made non-conforming by the adoption of provisions contained within this code shall be subject to the following regulations:
2. Unsafe Signs: Any sign or portion thereof declared unsafe by a proper public Authority must be restored to a safe condition or removed within thirty (30) days of mailing or otherwise given notice of the unsafe condition.
3. Alterations: A non-conforming sign shall not be reconstructed, raised, moved, placed, extended, or enlarged unless said sign is changed so as to conform to all provisions of this Code. Alterations shall not be interpreted to include changing the text or copy on off-premise advertising signs, theater signs, outdoor billboards or other similar signs which are designed to accommodate changeable copy.
4. Restoration: Non-conforming signs which have been allowed to deteriorate or which have been damaged by fire, explosion, act of God, act of a public enemy, or damaged by any other cause, to the extent of more than sixty (60) percent of its assessed value shall, if repaired or rebuilt, be repaired or rebuilt in conformity with the regulations of this Code or shall be removed.
5. Off-premise signs. All off-premise signs which are made non-conforming uses by the provisions of this Code shall be subject to the following:
6. Unsafe Signs: Any sign or portion thereof found or declared unsafe in a manner provided by law, which may be repaired without violating (b) below, must be restored to a safe condition within thirty (30) days after the owner is given notice of the unsafe condition. Any sign not repaired as required and permitted by this subsection is unlawfully maintained and subject to the provisions of this section.
7. Alterations: All off-premise signs and their supporting structures shall be kept in good appearance and condition with normal maintenance and repair (example: painting), but it shall be unlawful to reconstruct, raise, move, place, extend, or enlarge such signs or the structure supporting such signs. Any sign altered contrary to the provisions of this subsection is unlawfully maintained and subject to the provisions of this section.
8. Deterioration and Abandonment: A non-conforming off-premise sign or sign structure that ceases to be used for sign purposes for a period of one year shall be deemed abandoned on the ground that the non-conforming use has been abandoned, the non-conforming use has substantially changed, and/or such other grounds as may be appropriate. Any sign or sign structure which is abandoned or in an unreasonable state of repair is unlawfully maintained and subject to immediate revocation of its permit and removal pursuant to the provisions of this Code.
9. Termination of Non-conforming Signs. Except where preempted by federal law, a sign permit for an existing off-premise non-conforming sign shall terminate and the sign shall be removed pursuant to the provisions of this Code on the date the owner of the sign has been able to recover or amortize the fair market value of the sign pursuant to State law. Using relevant information including but not limited to, information provided by the sign owner in the sign permit application, relevant aesthetic and traffic engineering information, and amortization periods used by other jurisdictions, the Town may establish an amortization period and condemnation value for each non-conforming sign as of March 14, 1995, that balances the harm to the owner against the public good, without imposing an undue burden upon the owner. The amortization value may not be less than the condemnation value, but no more, and shall take into consideration the cost of operation to the owner over the amortization period. A sign maintained after expiration of the related permit, as described in this subjection, is unlawfully maintained and subject to revocation of its permit and removal.

11.3.28.13 Definitions Pertaining To Signs

The following words and phrases, whenever used in this code, shall be construed as defined in this Section.

1. A-Frame Sign. Any sign or structure composed of two (2) sign faces mounted or attached back-to-back in such a manner as to form a basically triangular vertical cross-section through the faces.
2. Animated Sign. Any sign which is designed and constructed to give its message through movement or semblance of movement created through a sequence of progressive changes of parts, lights, or degree of lighting.
3. Appurtenant Sign. See On-Premise Sign.
4. Building Face. The visible outer surface of a main exterior wall of a building. The area of the face of the building shall be the total area of such surface including the area of doors and windows which open into the surface.
5. Canopy. See Marquee.
6. Erect. To build, construct, place, relocate, enlarge, substantially alter, attach, suspend, paint, post, or display. Normal maintenance, including refinishing, is not included in this definition provided the sign copy is not changed or altered.
7. Freestanding Sign. Any sign that is standing on or erected into the ground. Such signs are usually, but not necessarily, supported from the ground by one (1) or more poles or posts or similar uprights, with or without braces. Any sign which is mounted into the ground, but has the supports passing through any portion of the roof of a building or structure, shall be considered to be a roof sign.
8. Frontage. The length of the sides along the street or any other principal public thoroughfare, but not including such length along an alley, water course, railroad, street, or thoroughfare with no permitted access.
9. Marquee. A marquee shall mean and include any roofed structure attached to and supported by a building, and projecting over public property.
10. Movable, Freestanding Sign. Any sign not affixed to or erected into the ground.
11. Non-appurtenant Sign. See Off-Premise Sign.
12. Off-Premise Sign or Non-appurtenant Sign. Any sign which advertises products, services or business establishments which are not located, conducted, manufactured, or sold upon the same premises upon which the sign is erected.
13. On-Premise Sign or Appurtenant Sign. Any sign which advertises products, services, or business establishments which are located, conducted, manufactured, or sold upon the same premises upon which the sign is erected.
14. Outdoor Advertising Structure. A structure erected and maintained for outdoor advertising purposes upon which a poster, bill, printing, or painting may be placed to advertise products, goods, services, or business establishments those located, conducted, manufactured, or sold upon the premises on which the structure is erected.
15. Projecting Sign. Any sign attached to a building or structural wall and extending horizontally outward from such wall more than eighteen (18) inches.
16. Property. Land or real estate, with or without structures; not goods or services.
17. Residential Zone or District. Any zone which is designated by the prefix "R" in this Code.
18. Roof Sign. Any sign which is erected upon or over the roof or over a parapet of any building or structure.
19. Sign. Any words, lettering, parts of letters, figures, numerals, phrases, sentences, devices, designs, pictures, trade names, or trademarks by which anything is made known, such as are used to designate a firm, association, corporation, profession, business, or service, whether placed on the ground, rocks, trees, stumps, or other natural objects, or on a building, wall, roof, frame, support, fence, or other manmade structure, which are visible from any public street, public highway, or public road right-of-way. For the purpose of this Code, the word "sign" does not include the flag, pennant, or insignia of any nation, state, city, town, or other political unit, or of a nonprofit organization. It shall not include, further, any official notice issued by any court, public body or officer, or directional warning or information sign or structure required or authorized by law.
20. Sign Area. Sign area shall mean the area of a sign that is used for display purposes, excluding the minimum frame and supports. In computing sign area, only one (1) side of a back-to-back or double-face sign covering the same subject shall be computed when the signs are parallel or diverge from a common edge by an angle of not more than forty-five (45) degrees. In relation to signs that do not have a frame or a separate background, sign area shall be computed on the basis of the least rectangle, triangle, or circle large enough to frame the display.
21. Temporary Sign. Any sign, banner, valance or advertising display constructed of cloth, canvas, fabric, cardboard, plywood, or other light weight material without a frame, and designed or intended to be displayed for a short period of time.
22. Time and Temperature Device. Any mechanism that displays the time and/or temperature, but does not display any commercial advertising or identification.
23. Wall Sign. Any sign posted or painted upon, suspended from, or otherwise affixed to a wall, fascia, canopy, or marquee in an essentially vertical position or with exposed face of the sign in a place approximately parallel with the wall or fascia upon which it is attached.
24. Wind Sign. Any propeller, whirligig, or similar commercial device which is designed to flutter, rotate, or display other movement under the influence of wind. This definition shall not include pennants, flags, or banners.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

1. The Mantua Town Council and the Mantua Planning Commission, which advises the Council on zoning matters, have determined that the various aspects of architectural design have a significant impact on the character and value of Mantua’s rural agricultural neighborhoods and business districts and that preserving and enhancing this character requires the existence of a certain harmony and compatibility in these aspects, from one building to the next and throughout the particular neighborhood or district. They have also determined that preserving and enhancing the visual character of certain entryways to the Town, and areas of unique historical and/or architectural significance furthers the economic and cultural well-being of the community.
2. These minimum design standards address valuable design relationships and site planning principles. They are standards that could apply to any area of the Town. However, the requirements of this section shall only apply to areas of the Town for which the design review process has been
3. designated by the Planning Commission and Town Council. How they apply in any given district or zone will depend on the characteristics of that particular area. To that end, the Town Council and Planning Commission will adopt, from time to time, district guidelines based on existing design characteristics and needs commonly observed in those districts and/or zones. Those specific guidelines shall be referenced in the particular zone for which the design review process has been designated.
4. The intent of these standards is to identify a range of design options which will encourage development compatible with the existing character of a district and which will discourage introduction of incompatible features. If the Planning Commission wishes, they may recommend to the Town Council that a design review committee be formed to assist the Planning Commission in the administering of the section.

11.3.29.1 Design Review Committee

1. In accordance with the duties and powers of the Planning Commission outlined in Chapter 4, the Planning Commission may recommend persons to serve on a Design Review Committee when one is needed to help implement this section. Those recommended shall be representative of the following groups: the Planning Commission, the Staff, design professionals, development community, and property owners from the affected district.
2. Members of the committee shall be appointed by the Mayor with the advice and consent of the Town Council. The Design Review Committee shall organize by-laws or administrative procedures and operate under the Authority of this section. The committee may adopt design standards as appropriate that meet those guidelines or enhance upon those listed below. The committee shall meet at such times and places and as often as they or the Planning Commission shall deem necessary to review the applications.
3. The administrative procedures adopted shall apply to all requests for a Certificate of Appropriateness. For purposes of these procedures, the Design Review Committee shall be considered staff to the Planning Commission. Unless the Planning Commission shall otherwise direct, an applicant for a Certificate of appropriateness may in writing consent to the Committee's recommendation and waive further design action(s) by the Planning Commission. If the applicant waives further action by the Planning Commission, the Committee recommendation shall be considered approved by the Planning Commission and the Certificate of Appropriateness may be issued. Any appeal from the Committee's decision shall be reviewed by the full Planning Commission. If necessary, the decision of the Commission may then be appealed to the Appeal Authority, and ultimately to the courts.

11.3.29.2 Type Of Certificates Of Appropriateness

The Planning Commission and its design review committee will be reviewing five different kinds of "construction" activity that need certificates of appropriateness, and each kind will need a slightly different application of the guidelines below and additional standards as may be adopted:

1. For the construction of new buildings and parts of buildings, the focus of the guidelines is on the compatibility of new construction with the existing character of the district without dictating style or taste.
2. For reconstruction, remodeling, and repair of existing structures, the guidelines seek to guide and encourage rehabilitation in line with the original character of the structure.
3. For relocation of buildings to sites within the district, the guidelines seek to insure that buildings moved to sites within the district are compatible with the surrounding buildings and are suitably situated on the lot.
4. For the demolition or removal of all or parts of existing buildings, the focus of the guidelines is to find feasible alternatives to the demolition, or at least compatible replacement.
5. For sign permits, the guidelines seek to insure that the sign is designed as an integral architectural element of the building and site to which it relates, and is compatible with the overall character of the district.

11.3.29.3 Harmony Of Design Guidelines

1. To preserve the design character of the existing development, to protect the rural, countryside visual pattern of the community, and to promote harmony in the visual relationships and transitions between new and older buildings, new buildings should be made sympathetic to scale, form, and proportion of existing development. This can be done by repeating building lines and surface treatment and by requiring some uniformity of detail, scale, proportion, textures, materials, color, and building form.
2. The use of unusual shapes, color, and other characteristics that cause new buildings to call excessive attention to themselves and create a jarring disharmony shall be avoided, or reserved for structures of broad public significance.
3. The height and bulk of new buildings shall be related to the prevailing scale of development to avoid overwhelming or dominating existing development.
4. Building additions should be designed to reflect existing buildings in scale, materials, and color. Facade renovations should include as few different materials as possible.
5. The architectural style of new or redeveloped structures shall be compatible with the predominant architectural themes of the district. Contemporary design for new buildings in old neighborhoods and additions to existing buildings or landscaping should be discouraged if such design is not compatible with the size, scale, color, material, and character of the neighborhood, building, or its environment. Rural, agricultural or mountain type living designs should be implemented when ever possible.
6. Adjacent buildings of different architectural styles shall be made compatible by such means as materials, rhythm, color, repetition of certain plant varieties, screens, sight breaks, etc.
7. The construction of additions to existing buildings should be generally discouraged in yards adjoining public streets and should instead be confined to side and rear yards which are generally out of public view.
8. To preserve the continuity prevailing along each block face, the orientation of the building's principal facade shall complement that of the majority of buildings in the same block face. (Either parallel or perpendicular to the street)
9. The open expanse of front lawns or meadows/open spaces and the quantities of planting within them of new or redeveloped structures shall be comparable to that of existing structures.

11.3.29.4 Building Details

1. Rehabilitation work should not destroy the distinguishing qualities or character of the property and its environment. The removal or alteration of architectural features should be held to the minimum, consistent with the proposed use.
2. Distinctive stylistic features or examples of skilled craftsmanship which characterize older structures and often predate the mass production of building materials, should be treated and/or preserved with sensitivity.
3. Wherever possible, new additions or alterations to buildings should be done in such a manner that if they were to be removed in the future, the essential form and integrity of the original building would be unimpaired.

11.3.29.5 Signs

Signs should complement the architectural style and scale of the building and should be designed as an integral architectural element of the building and site to which it principally relates. As an architectural element, the sign should reflect the period of architecture and be in harmony with building character and use. It must not interfere with architectural lines and details. Each sign shall be compatible with signs on adjoining premises and shall not compete for attention. The number of graphic elements on a sign shall be held to the minimum needed to convey the signs major message and shall be in proportion to the area of the sign face.

11.3.29.6 Demolition

Except for building condemnation proceedings for health and safety reasons, no demolition permit will be issued until plans have been submitted, reviewed, and approved for a replacement structure or appropriate landscaping. This is to assure that vacant lots are not created in the district, and to make sure the new structure is compatible with its surroundings.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

1. The Mantua Town Council and the Mantua Planning Commission, which advises the Council on zoning matters, have determined that the various aspects of the Permitted and Conditional Review process, as well as the infrastructure review and environmental impact review process of sensitive lands require certain expertise in dealing with special or unique technical situations. These situations may be better dealt with through the formation of a technical review committee made up of experts in the field to review the permit and make recommendations to the Planning Commission and/or Town Council regarding conditions of approval. The members shall be appointed by the Planning Commission, with input of the Town Council when necessary and the members shall act as staff to the Planning Commission.
2. The Committee may review a project as directed by the planning commission and submit a certificate of review with findings and/or concerns to the Planning Commission prior to their adoption of conditions to the permit. Any appeal from the Committee's decision shall be reviewed by the Planning Commission. If necessary, the decision of the Commission may then be appealed to the Appeal Authority, and ultimately to the courts.
3. This Committee may be formed on a case-by-case basis as the need may arise and may consist of the same members or additional and replacement members as necessary. The Committee may adopt administrative procedures as appropriate and the Committee derives its Authority to meet and act under this section of the Code.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

1. Since Mantua Town is an agricultural community and because the Town Council places such a high value on the protection and preservation of agricultural land uses, the Town has adopted the following right to farm provisions of this code.
2. All Subdivisions and Master Planned Developments that; (a) border an agricultural area or boarder, or; (b) contain within them an agricultural or irrigation right-of-way or easement, or: (c) will contain an agricultural open space or preservation, shall have additional requirements imposed upon the developer in the form of an analysis to be reviewed and implemented as part of the conditional use process, MPD review process or subdivision process. This impact analysis shall be used to determine the impact(s) on associated farming and/or livestock operations affected by the development, and implement remediation and protection designs in the development to alleviate conflicts with the affected agricultural operations.
3. The developer is responsible for the performance of the analysis with the input and review by the Town. The Planning Commission and developer shall use the following review guidelines or issues in determining the impact on farming operations of the development, and will apply appropriate conditions during the approval process to ensure that the farm or ranch affected is assured a right to farm without undue burden of residential or commercial growth and complaints by neighbors. All rights to farm are preserved to the best ability of the Town, taking into consideration practical land use applications and private property rights and concerns.
4. The following factors shall be used as guidelines or issues in the preparation and review of the agricultural impact analysis. Impact solutions may be developed as permit conditions and restrictive covenants or agreements:
5. Protection of irrigation access and maintenance of ditches and canals.
6. Safety and protection of the public from ditches, canals, ponds and drainage systems.
7. Livestock movement corridor protections and safety concerns.
8. Fencing safety (i.e. electrical, barbwire) and design.
9. Private property protection issues.
10. Hunting protection, access and livestock safety concerns.
11. Protection of farm equipment ingress and egress.
12. Erosion and soil protection and conservation concerns.
13. Drainage of the subdivision and designs to minimize the discharge or impact on agricultural lands and soils.
14. Noxious weeds, pests and pet (dog) controls in the subdivision.
15. Provisions, acknowledgments and understandings by new property owners (including hold harmless agreements if necessary) that farm work hours run late and begin early and that farm operations may contribute to noises and odors objectionable to some subdivision residents.
16. Screening provisions and landscaping designs to reduce noise or visual impacts on surrounding or conflicting land uses.
17. Any other provisions or concerns that the Planning Commission deems necessary to protect the rights to farm on adjoining or appurtenant properties.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

11.3.32.1 Purpose

The purpose of this section is to establish minimum required standards for provision, installation, and maintenance of landscaping in order to achieve a healthy, beautiful, and safe community by the following means:

1. Water conservation through Xeriscape principles. Promote the conservation of potable and non-potable water by encouraging the preservation of existing plant communities, encouraging the planting of natural or uncultivated areas, encouraging the use of site-specific plant materials, and establishing techniques for the installation and maintenance of landscape materials and irrigation systems.
2. Aesthetics. Improve the appearance of all areas through the incorporation of open space into development in ways that harmonize and enhance the natural and built environment.
3. Environmental quality. Improve environmental quality by recognizing the numerous beneficial effects of landscaping upon the environment, including:
4. Improving air and water quality through such natural processes as photosynthesis and mineral uptake;
5. Maintaining permeable land areas essential to surface water management and aquifer recharge;
6. Reducing and reversing air, noise, heat, and chemical pollution through the biological filtering capacities of trees and other vegetation;
7. Promoting energy conservation through the creation of shade, reducing heat gain in or on buildings or paved areas;
8. Reducing the temperature of the microclimate through the process of evapotranspiration; and
9. Encouraging the conservation of limited fresh resources through the use of site-specific plants and various planting and maintenance techniques.
10. Land values. Maintain and increase the value of land by requiring landscaping to be incorporated into development, thus becoming by itself a valuable capital asset.
11. Human values. Provide direct and important physical and psychological benefits to human beings through the use of landscaping to reduce noise and glare, and to break up the monotony and soften the harsher aspects of urban development.
12. Preservation of vegetation. Preserve existing natural vegetation and the incorporation of native plants, plant communities, and ecosystems into landscape design, where possible.
13. Removal of nuisance species. Eradicate or control certain exotic plant species that have become nuisances because of their tendency to damage public and private works, that have a negative effect upon public health, or to disrupt or destroy native ecosystems.
14. Improved design. Promote innovative and cost-conscious approaches to the design, installation, and maintenance of landscaping, encouraging water and energy conservation.
15. Improved administration and enforcement. Establish procedures and standards for the administration and enforcement of this ordinance.

11.3.32.2 Definitions

1. Antitranspirant: A protective coating, generally applied to plant materials prior to or immediately after transplanting, that reduces water loss through the leaf surface.
2. Buffer, perimeter landscape: A continuous area of land set aside along the perimeter of a lot in which landscaping is used to provide a transition between and to reduce the environmental, aesthetic, and other impacts of one type of land use upon another.
3. Cultivated landscape area: Planted areas that are frequently maintained by mowing, irrigating, pruning, fertilizing, etc.
4. Development: Any proposed material change in the use or character of the land, including, but not limited to, land clearing or the placement of any structure or site improvements on the land.
5. Drip line: A vertical line extending from the outermost branches of a tree to the ground.
6. Ecosystem: A characteristic assemblage of plant and animal life within a specific physical environment, and all interactions among species, and between species and their environment.
7. Ground cover: Plants, other than turf grass, normally reaching an average maximum height of not more than 24 inches at maturity.
8. Hedge: A landscape barrier consisting of a continuous dense planting of shrubs.
9. Incompatibility of land uses: An issue arising from the proximity or direct association of contradictory, incongruous, or discordant land uses or activities, including the impacts of noise, vibration, smoke, odors, toxic matter, radiation and similar environmental conditions.
10. Irrigation system: A permanent, artificial watering system designed to transport and distribute water to plants.
11. Landscaping: Any combination of living plants (such as grass, ground cover, shrubs, vines, hedges, or trees) and nonliving landscape material (such as rocks, pebbles, sand, mulch, walls, fences or decorative paving materials).
12. Mulch: Nonliving organic and synthetic materials customarily used in landscape design to retard erosion and retain moisture.
13. Open space: Open space shall be interpreted to mean:
14. All areas of natural plant communities or area replanted with vegetation after construction, such as revegetated natural areas; tree, shrub, hedge or ground cover planting areas; and lawns; and
15. Other areas allowed to be counted as open space in the Town Code.
16. Plant community: A natural association of plants that are dominated by one or more prominent species, or a characteristic physical attribute.
17. Plant species, controlled: Those plant species which tend to become nuisances because of their undesirable growth habits, but which, if properly cultivated may be useful or functional as elements of landscape design.
18. Plant species, prohibited: Those plant species which are demonstrably detrimental to native plants, native wildlife, ecosystems, or human health, safety, and welfare.
19. Preserve area: Vegetative areas required to be preserved by law.
20. Shrub: A self-supporting woody perennial plant of low to medium height characterized by multiple stems and branches continuous from the base, usually not more than 10 feet in height at its maturity.
21. Site-specific planting: The selection of plant material that is particularly well suited to withstand the physical growing conditions that are normal for that location.
22. Shade tree, small: A self-supporting woody plant or species normally growing to a mature height of at least 20 feet and a mature spread of at least 15 feet in this area. Clusters of more than one tree may be used when it is demonstrated that the grouping of trees will, at maturity, surpass the 15-foot diameter requirement and that the grouping of trees is suitable for the proposed location.
23. Substantial change in land use:
24. A change in land use that increases the intensity of land use; or
25. A change in land use that creates an incompatibility or increases the incompatibility of adjacent land uses; or
26. An increase in the total floor area of multiple dwellings or nonresidential buildings that results in increased traffic generation.
27. Tree: Any self-supporting woody perennial plant which has a diameter at breast height (DBH) of two inches or more and which normally attains an overall height of at least 15 feet at maturity, usually with one main stem or trunk and many branches. It may appear to have several stems or trunks as is the case of some species.
28. Understory: Assemblages of natural low-level woody, herbaceous, and ground cover species which exist in the area below the canopy of the trees.
29. Vegetation, native: Any plant species with a geographic distribution indigenous to all or part of the state of Utah. Plant species which have been introduced by man are not native vegetation.
30. Viable: When referring to a tree, shrub, or other type of plant, is a plant that, is capable of sustaining its own life processes, unaided by man, for a reasonable period of time.
31. Xeriscape: Landscape methods which conserve water through the use of drought tolerant plants and planting techniques.

11.3.32.3 Applicability

The General Landscape Design Standards of this ordinance shall apply to the entire town while the Xeriscape principles shall apply only to those areas designated in this code. No department shall issue a permit provided for herein in violation of the regulations set forth herein.

11.3.32.4 Conflicts

If the provisions of this ordinance conflict with other ordinances or regulations, the more stringent limitation or requirement shall govern or prevail to the extent of the conflict.

11.3.32.5 General Landscape Design Standards

The following standards shall be considered the minimum requirements for the installation of all plant materials within the Town of Mantua.

1. Minimum tree and shrub planting or preservation requirements.
2. General: Trees shall not be placed where they interfere with site drainage or where they shall require frequent pruning or order to avoid interference with overhead power lines. Trees shall not be planted where they will obstruct trails, walkways, or cause damage to other public property.
3. Standards for Landscape Materials.
4. Quality of plants: All plant materials shall be healthy and disease free.
5. Landscaping the Interior of Nonresidential Off-Street Parking Areas:
6. Landscaping the interior of off-street parking areas is required.
7. Not less than 10 percent of the interior of off-street parking areas shall be landscaped and maintained following the Xeriscape principles in section 3.32.6 of this ordinance. Off street parking is defined as total lot area minus any buildings.
8. Maintaining safe sight distance in intersections and points of access.
9. Vegetation at intersections and other points of access shall not interfere with safe vision at such locations for safety reasons.
10. Curbing and encroachment of vehicles into landscape areas.
11. Curbs will be installed in specific areas to prevent vehicle access into otherwise protected areas.
12. All landscaped areas at the front line of off-street parking spaces may be protected from encroachment or intrusion of vehicles through the use of wheel stops. Wheel stops shall not be placed in locations of anticipated intense pedestrian traffic.
13. Maintenance Standards for Cultivated Landscape Areas
14. General: The owner or assigns of land subject to this ordinance shall be responsible for the maintenance of the said land in good condition so as to present a healthy, neat, and orderly landscape area.
15. Use requirements for maintenance of mulch layers: The required mulch layer shall be maintained on all landscape projects.
16. Replacement requirements: Vegetation that is required to be planted or preserved shall be replaced with equivalent vegetation if it is not living within one year of planting.
17. All required plants shall be maintained in a healthy, pest-free condition: Within six months of a determination by the Town that a plant is dead or severely damaged or diseased, the plant shall be replaced by the property owner or owners in accordance with the standards specified in this ordinance.
18. Tree Removal: It shall be the responsibility of each private property owner to remove any dead, diseased, or dangerous trees or shrubs, or parts thereof, which overhang or interfere with traffic control devices, public sidewalks, rights-of-way, or property owned by the Town. The Town shall have the Authority to order the removal of any such trees or shrubs at the owner’s expense.
19. Elimination of overthrow onto non-pervious areas. Landscape irrigation systems shall be designed so that, to the greatest extent practical, water being applied to non-pervious areas is eliminated.
20. Impervious Areas: Sprinkler heads shall be placed as required to reduce direct overthrow onto non-pervious areas.
21. Wind Control: The use of low-trajectory-spray nozzles is encouraged in order to reduce the effect of wind velocity on the spray system.
22. Maintenance of natural plant communities
23. General: All open space areas that are preserved as natural plant communities shall be trimmed at least once a year; of all exotic vegetation, lawn grasses, trash, or other debris.
24. Natural plant communities: All natural plant communities shall be managed in order to maintain the plant community for the purpose it was preserved.
25. Required Management Plan: When applicable, the Town shall make periodic inspections of the natural areas to verify the owner’s adherence to the approved management plan.
26. Landscape Requirements
27. The required front setbacks and side setbacks adjacent to a dedicated street shall be landscaped except for permitted driveways, and shall not be used for parking.
28. All common areas and residential lots shall be permanently landscaped with trees, shrubs, lawn, ground cover or approved xeriscape and maintained in accordance with good landscaping practices, unless the area to be designated as natural open space.
29. Landscaping Around Public Utilities
30. Trees, shrubs or permanent hard surface may not be planted or installed within five (5) feet of any water meter barrel or fire hydrant. Furthermore, any tree, shrub or hard surface that is considered to be a nuisance, invasive or a threat to maintain and functionality of a water meter service or fire hydrant may be prohibited or restricted in addition to the above requirements. This also includes the growth of any foliage etc. not to encroach within the prescribed setback area. Any fees, charges or damages incurred or accrued from removal or repair will be the responsibility of the perspective owner.

11.3.32.6 Xeriscape Principles

The following standards shall be considered the minimum requirements for the installation of all plant materials within the required Xeriscape zones as outlined.

1. Required Xeriscape zones.
2. 1 - Off-street public, quasi-public, commercial, and multi-family parking areas.
3. It is the intent of this ordinance to assist the town in achieving water conservation through proper plant selection, installation, and maintenance practices in required areas. The following Xeriscape principles serve as the primary means of achieving water conservation:
4. Appropriate planning and design;
5. Limiting turf to locations where it provides functional benefits;
6. Efficient irrigation systems;
7. Use of soil amendments to improve water-holding capacity of the soil;
8. Use of mulches, where appropriate;
9. Use of drought-tolerant plants;
10. Appropriate and timely maintenance of vegetation and
11. Use of pervious paving material including but not limited to pavers and landscape rock.
12. Xeriscape Plan Required.
13. General: Prior to the issuance of any building permit or final plat in the case of a subdivision or MPD, a landscape plan shall be submitted to, reviewed by, and approved by the Town.
14. Nature of required plan: A landscape plan for each lot or landscape theme in the case of a subdivision or MPD shall be prepared and approved by the Town.
15. Contents of Landscape Plan: The landscape plan shall:
16. Be drawn to scale, including dimensions and distances;
17. Designate by name and location the plant material to be installed or preserved in accordance with the requirements of this ordinance.
18. Identify and describe the location and characteristics of all other landscape materials to be used;
19. Show all landscape features, including areas of vegetation required to be preserved by law, in context with the location and outline of existing and proposed buildings and other improvements on the site, if any;
20. Include a tabulation clearly displaying the relevant statistical information necessary for the Town to evaluate compliance with the provisions of this ordinance. This includes gross acreage, area of preservation areas, number of trees to be planted or preserved, square footage of paved areas, and such other information as the Town may require; and
21. Delineate the existing and proposed parking spaces, or other vehicular areas, access aisles, driveways, and similar features;
22. Contain such other information that may be required by the Town that is reasonable and necessary to determine that the landscape plan meets the requirements of this ordinance.
23. Use of site-specific planting materials. Trees and other vegetation that are prohibited from use in meeting the landscape requirements of this ordinance should not be used. Trees and other vegetation shall be planted in soil and climatic conditions which are appropriate for their growth habits. Plants to be used in the landscape design shall to the greatest extent be:
24. Plants listed in Water Zones 0-2 in the Plant Selection Guide of Document EC 458 (January 1995) Water-wise landscaping Utah State University Extension may be used. Other plants which meet the requirements of Water Zones 0- 2 may be approved.
25. Appropriate to the conditions in which they are to be planted
26. Have noninvasive growth habits;
27. Encourage low maintenance, high-quality design;
28. Be otherwise consistent with the intent of these guidelines.
29. Use of adapted plant materials: The use of plant materials adapted to the vicinity of the development is required in order to reduce water consumption, general maintenance, and the dependence of fertilizers and insecticides.
30. Plat Material And Installation Standards.
31. Antitranspirants: In order to reduce the transpiration rate of plant material during the installation process, antitranspirants shall be used. Antitranspirants reduce the amount of water loss through the leaves of plant material during installation, thereby reducing the amount of water required for the survival of the plants. Antitranspirants shall be used on all permitted landscape installation projects.
32. Use of planting soil: All required landscape materials shall be installed using planting soil or a type appropriate to the individual plant material and the soil conditions in which the planting is occurring.
33. Use of organic mulches: The use of organic mulches reduces the growth of weeds and adds nutrients to the soil as well as retains moisture over the root zones of plant materials.
34. Application Specifications: When appropriate, a minimum of three inches of organic mulch shall be placed over all newly installed tree, shrub and ground cover planting areas.
35. Requirements for the Installation of Organic Mulch. The required mulch layer shall be installed on all landscape projects.
36. Minimum Requirements for Living Plant Material. A minimum of 35% or the required Xeriscape zones must be landscaped using living plant materials
37. Weed Barrier Requirements. Ground cloth must be used and covered in all Xeriscape zones in order to prevent unwanted weed growth.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

The residents of Mantua value the town's rural qualities, including the ability to view the stars against a dark sky. They recognize that inappropriate and poorly designed or installed outdoor lighting causes unsafe and unpleasant conditions, limits their ability to enjoy the nighttime sky, and results in unnecessary use of electric power. On the other hand, it is also recognized that some outdoor lighting is appropriate in areas such as town centers. To ensure appropriate lighting while minimizing its undesirable side effects the following regulations are established.

11.3.33.1 Permit Required

On all properties except those of one- and two-family residential structures and active farms, the installation or replacement of any outdoor lighting fixtures shall require a zoning permit. Said permit may not be issued unless the proposed installation is found (by the Planning Commission or the Zoning Administrator) to conform to all applicable provisions of this section.

11.3.33.2 Creation Of Lighting Districts

1.  For the purposes of this section, the zoning districts established elsewhere in these regulations are consolidated into lighting districts, as follows:
2. Lighting District 1 shall consist of the industrial districts and the high-density commercial districts.
3. Lighting District 2 shall consist of the low-density commercial districts.
4. Lighting District 3 shall consist of the higher-density residential districts.
5. Lighting District 4 shall consist of the low-density residential districts, the rural and agricultural districts, and the forestry or conservation districts.

11.3.33.3 General Requirements

1. When the outdoor lighting installation or replacement is part of a development proposal for which site plan approval is required under these regulations, the Planning Commission shall review and approve the lighting installation as part of its site plan approval.
2. Outdoor lighting installations involving the installation or replacement of two or fewer lighting fixtures (free standing or facade mounted) may be approved by the Zoning Administrator, provided that no single lamp (bulb) exceeds 150 watts, and that the total wattage of all bulbs in all fixtures does not exceed 300. All other installations must be approved by the Planning Commission.
3. The applicant shall submit to the Town sufficient information, in the form of an overall exterior lighting plan, to enable the Town to determine that the applicable provisions will be satisfied. The lighting plan shall include at least the following:
4. A site plan, drawn to a scale of one inch equaling no more than twenty (20) feet, showing buildings, landscaping, parking areas, and all proposed exterior lighting fixtures;
5. Specifications for all proposed lighting fixtures including photometric data, designation as Illuminating Engineering Society of North America (IESNA) "cut-off" fixtures, Color Rendering Index (CRI) of all lamps(bulbs), and other descriptive information on the fixtures;
6. Proposed mounting height of all exterior lighting fixtures;
7. Analyses and illuminance level diagrams showing that the proposed installation conforms to the lighting level standards in this section; and
8. Drawings of all relevant building elevations showing the fixtures, the portions of the walls to be illuminated, the illuminance levels of the walls, and the aiming points for any remote light fixtures.
9. Wherever practicable, lighting installations shall include timers, dimmers, and/or sensors to reduce overall energy consumption and eliminate unneeded lighting.
10. When an outdoor lighting installation is being modified, extended, expanded, or added to, the entire outdoor lighting installation shall be subject to the requirements of this section.
11. Expansions, additions, or replacements to outdoor lighting installations shall be designed to avoid harsh contrasts in color and/or lighting levels.
12. Electrical service to outdoor lighting fixtures shall be underground unless the fixtures are mounted directly on utility poles.
13. Proposed lighting installations that are not covered by the special provisions in this section may be approved only if the Commission finds that they are designed to minimize glare, do not direct light beyond the boundaries of the area being illuminated or onto adjacent properties or streets, and do not result in excessive lighting levels.
14. For the purposes of these regulations, the mounting height of a lighting fixture shall be defined as the vertical distance from the grade elevation of the surface being illuminated to the bottom of the lighting fixture (i.e. luminaire).
15. Holiday lighting during the months of November, December, and January shall be exempt from the provisions of this section, provided that such lighting does not create dangerous glare on adjacent streets or properties.
16. The Planning Commission may modify the requirements of this section if it deter-mines that in so doing, it will not jeopardize achievement of the intent of these regulations.

11.3.33.4 Parking Lot Lighting

Parking lot lighting shall be designed to provide the minimum lighting necessary to ensure adequate vision and comfort in parking areas, and to not cause glare or direct illumination onto adjacent properties or streets.

1. All lighting fixtures serving parking lots shall be cut-off fixtures as defined by the Illuminating Engineering Society of North America (IESNA).
2. Alternatives: The design for an area may suggest the use of parking lot lighting fixtures of a particular "period" or architectural style, as either alternatives or supplements to the lighting described above.
3. If such fixtures are not "cut-off" fixtures as defined by IESNA, the maximum initial lumens generated by each fixture shall not exceed 2000 (equivalent to a 150-watt incandescent bulb).
4. Mounting heights of such alternative fixtures shall not exceed fifteen (15) feet.
5. Parking area lighting standards in the various lighting districts are as shown in Table 3.33.1 (Note: The table is a prototype. District names and actual values should be determined by each town.)
6. Parking area lighting in the low-density rural district: Parking areas in the low-density rural district shall not be illuminated unless there exist specific hazardous conditions which make illumination necessary. In such cases, the lighting shall meet the standards for the next higher lighting district.

Table 11.3.33.1 Parking Lot Lighting Standards

* Mounting height is the vertical distance between the surface being illuminated and the bottom of the lighting fixture.

** Uniformity ratio is the ratio of average illumination to minimum illumination.

*** CRI is the Color Rendering Index.

11.3.33.5 General Street Lighting Standards

1. General standards for mounting height, spacing, maximum initial lumens per fixture, and minimum Color Rendering Index, for the various lighting districts, shall be as set forth in Table 2.
2. Fixtures. All street lighting fixtures shall be "cut-off" fixtures as defined by IESNA. If necessary, fixtures shall include "house side shields" to minimize light directed to the rear of the fixtures. Alternatives: The design for an area may suggest the use of street lighting fixtures of a particular "period" or architectural style, or there may be existing historical fixtures to be retained. In such cases, the non-cut-off fixtures may be used either as alternatives or supplements to street lighting described above.
3. For fixtures that do not meet the "cut-off" criteria, the maximum initial lumens generated by each fixture shall not exceed 2,000 (equivalent to a 150-watt incandescent bulb).
4. Mounting heights of such fixtures shall not exceed fifteen (15) feet for new fixtures. Where historic fixtures are being retained (and/or extended) mounting height shall be that of the existing fixtures and every effort shall be made to use brackets that match existing brackets.
5. Location.
6. Streetlights shall be located in the public right-of-way.
7. If the street has a sidewalk along one side, the streetlights shall generally be located on the sidewalk side of the street.

Table 11.3.33.2 Street Lighting Standards

* Mounting height is the vertical distance between the surface being illuminated and the bottom of the lighting fixture.

** Maximum of 15,000 initial lumens is the equivalent of a 175-watt metal halide lamp, a 250-watt mercury vapor lamp, or a 150-watt high pressure sodium lamp.

*** CRI is the Color Rendering Index.

11.3.33.6 Lighting Of Gasoline Station/Convenience Store Aprons And Canopies

Lighting levels on gasoline station/ convenience store aprons and under canopies shall be adequate to facilitate the activities taking place in such locations. Lighting of such areas shall not be used to attract attention to the businesses. Signs allowed under the appropriate section of these regulations shall be used for that purpose.

1. Areas on the apron away from the gasoline pump islands used for parking or vehicle storage shall be illuminated in accordance with the requirements for parking areas set forth elsewhere in this section. If no gasoline pumps are provided, the entire apron shall be treated as a parking area.
2. Areas around the pump islands and under canopies shall be illuminated so that the minimum horizontal illuminance at grade level is at least 1.0 foot-candle and no more than 5.5 foot-candles. The uniformity ratio (ratio of average to minimum illuminance) shall be no greater than 4:1, which yields an average illumination level of no more than 22.0 foot-candles.
3. Light fixtures mounted on canopies shall be recessed so that the lens cover is recessed or flush with the bottom surface (ceiling) of the canopy and/or shielded by the fixture or the edge of the canopy so that light is restrained to no more than 85 degrees from vertical, as shown in Figure 33.3.1.
4. As an alternative (or supplement) to recessed ceiling lights, indirect lighting may be used where light is beamed upward and then reflected down from the underside of the canopy. In this case light fixtures must be shielded so that direct illumination is focused exclusively on the underside of the canopy.
5. Lights shall not be mounted on the top or sides (fascia’s) of the canopy, and the sides (fascia’s) of the canopy shall not be illuminated.

Figure 11.3.33.1 Gas Pump Canopy

11.3.33.7 Lighting Of Exterior Display/Sales Areas

Lighting levels on exterior display/sales areas shall be adequate to facilitate the activities taking place in such locations. Lighting of such areas shall not be used to attract attention to the businesses. Signs allowed under the appropriate section of these regulations shall be used for that purpose. The applicant shall designate areas to be considered display/ sales areas and areas to be used as parking or passive vehicle storage areas. This designation must be approved by the Planning Commission.

1. Areas designated as parking or passive vehicle storage areas shall be illuminated in accordance with the requirements for parking areas suggested elsewhere in this section.
2. Areas designated as exterior display/sales areas shall be illuminated so that the average horizontal illuminance at grade level is no more than 5.0 foot-candles. The uniformity ratio (ratio of average to minimum illuminance) shall be no greater than 4:1. The average and minimum shall be computed for only that area designated as exterior display/sales area.
3. Light fixtures shall meet the IESNA definition of cut-off fixtures, and shall be located, mounted, aimed, and shielded so that direct light is not cast onto adjacent streets or properties.
4. Fixtures shall be mounted no more than twenty-five (25) feet above grade, and mounting poles shall be located either inside the illuminated area or no more than ten (10) feet away from the outside edge of the illuminated area.

11.3.33.8 Lighting Of Outdoor Performance Facilities

Outdoor nighttime performance events (concerts, athletic contests, etc.) have unique lighting needs. Illumination levels vary, depending on the nature of the event. The regulations in this section are intended to allow adequate lighting for such events while minimizing sky glow, reducing glare and unwanted illumination of surrounding streets and properties, and reducing energy consumption.

1. Design Plan: A lighting design plan shall be submitted which shows in detail the proposed lighting installation. The design plan shall include a discussion of the lighting requirements of various areas and how those requirements will be met.
2. Dual System: The main lighting of the event (spotlighting or floodlighting, etc.) shall be turned off no more than forty-five (45) minutes after the end of the event. A low level lighting system shall be installed to facilitate patrons leaving the facility, cleanup, nighttime maintenance, etc. The low level lighting system shall provide an average horizontal illumination level, at grade level, of no more than 3.0 foot-candles with a uniformity ratio (average to minimum) not exceeding 4:1.
3. Primary Playing Areas: Where playing fields or other special activity areas are to be illuminated, lighting fixtures shall be specified, mounted, and aimed so that their beams fall within the primary playing area and immediate surroundings, and so that no direct illumination is directed off the site.
4. Parking Areas: Lighting for parking areas shall meet the requirements suggested elsewhere in this section.
5. Pedestrian Areas: Areas intended solely-for pedestrian circulation shall be provided with a minimum level of illumination of rib less than 0.1 foot-candles and no more than 0.2 foot-candles. A uniformity ratio of average illumination to minimum illumination shall not exceed 4:1.
6. Security Lighting: Security lighting shall meet the requirements suggested elsewhere in this section.

11.3.33.9 Security Lighting

The purpose of and need for security lighting (i.e. lighting for safety of persons and property) must be demonstrated as part of an overall security plan which includes at least illumination, surveillance, and response, and which delineates the area to be illuminated for security purposes. To the extent that the designated area is illuminated for other purposes, independent security lighting installations will be discouraged.

1. In addition to the application materials set forth in the general provisions of this section, applications for security lighting installations shall include a written description of the need for and purposes of the security lighting, a site plan showing the area to be secured and the location of all security lighting fixtures, specifications of all fixtures, the horizontal and vertical angles in which light will be directed, and adequate cross-sections showing how light will be directed only onto the area to be secured.
2. All security lighting fixtures shall be shielded and aimed so that illumination is directed only to the designated area and not cast on other areas. In no case shall lighting be directed above a horizontal plane through the top of the lighting fixture, and the fixture shall include shields that prevent the light source or lens from being visible from adjacent properties and roadways. The use of general floodlighting fixtures shall be discouraged.
3. Security lighting may illuminate vertical surfaces (e.g. building facades and walls) up to a level eight (8) feet above grade or eight (8) feet above the bottoms of door-ways or entries, whichever is greater.
4. Security lighting fixtures may be mounted on poles located no more than ten (10) feet from the perimeter of the designated secure area.
5. Security lights intended to illuminate a perimeter (such as a fence line) shall include motion sensors and be designed to be off unless triggered by an intruder located within five (5) feet of the perimeter.
6. Security lighting standards in the various lighting districts are as shown in Table 3.33.3.
7. Security lighting in low-density residential and rural areas: Security lighting shall be allowed in low-density residential and rural areas only if unusual hazardous conditions make it necessary. In such cases, indirect and reflected lighting techniques shall be used to provide soft lighting under canopies, entry porches, or soffits. Lighting levels shall not exceed the standards established for the next higher density residential area.

Table 11.3.33.3 Security Lighting Standards

* Mounting height is the vertical distance between the surface being illuminated and the bottom of the lighting fixture.

** CRI is the Color Rendering Index.

11.3.33.10 Lighting Of Building Facades And Landscaping

With the exception of structures having exceptional symbolic (i.e. churches and/or public buildings) or historic significance in the community, exterior building facades shall not be illuminated. When buildings having symbolic or historic significance are to be illuminated, a design for the illumination shall be approved by the Planning Commission and the following provisions shall be met:

1. The maximum illumination on any vertical surface or angular roof surface shall not exceed 5.0 foot-candles.
2. Lighting fixtures shall be carefully located, aimed, and shielded so that light is directed only onto the building facade. Lighting fixtures shall not be directed toward adjacent streets or roads.
3. Lighting fixtures mounted on the building and designed to "wash" the facade with light are preferred.
4. To the extent practicable, lighting fixtures shall be directed downward (i.e. below the horizontal) rather than upward.
5. When landscaping is to be illuminated, the Commission shall first approve a landscape lighting plan that presents the purpose and objective of the lighting, shows the location of all lighting fixtures and what landscaping each is to illuminate, and demonstrates that the installation will not generate excessive light levels, cause glare, or direct light beyond the landscaping into the night sky.

11.3.33.11 Illuminated Signs

Signs may be illuminated only during those hours that the business being advertised is open for business. It is the intent of this section to allow illuminated signs but to ensure that they do not create glare or unduly illuminate the surrounding area. The applicant shall provide the Planning Commission with sufficient technical and design information to demonstrate that the following provisions are met.

1. Externally Illuminated Signs:
2. The average level of illumination on the vertical surface of the sign shall not exceed 3.0 foot-candles, and the uniformity ratio (the ratio of average to minimum illumination) shall not exceed 2:1.
3. Lighting fixtures illuminating signs shall be carefully located, aimed, and shielded so that light is directed only onto the sign facade. Lighting fixtures shall not be aimed toward adjacent streets, roads, or properties.
4. Light fixtures illuminating signs shall be of a type such that the light source (bulb) is not directly visible from adjacent streets, roads, or properties.
5. To the extent practicable, fixtures used to illuminate signs shall be top mounted and directed downward (i.e. below the horizontal).

11.3.33.12 Internally Illuminated Signs

Internally Illumination Signs are not permitted.

11.3.33.13 Lighting Of Walkways/Bikeways And Parks

Where special lighting is to be provided for walkways, bikeways, or parks, the following requirements shall apply.

1. The walkway, pathway, or ground area shall be illuminated to a level of at least 0.3 foot-candles and no more than 0.5 foot-candles.
2. The vertical illumination levels at a height of five (5) feet above grade shall be at least 0.3 and no more than 0.5 foot-candles.
3. Lighting fixtures shall be designed to direct light downward, and light sources shall have an initial output of no more than 1000 lumens.
4. In general, lighting shall be consistent with the guidelines presented in the IESNA Lighting Handbook, 8th Edition

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

11.3.34.1 General Requirements

The following requirements shall apply to all public utility easements.

1. All new construction and improvements easements shall require a permit obtained through the Town.
2. All contractors must be registered with the Town prior to commencing any work in a public utility easement.
3. All utility improvements inside a public utility easement shall be approved by the Town.
4. All cuts and fills must be compacted and restored to the current Town Standards and approved by the Town upon completion.
5. Contractor is responsible for site restoration and cleanup upon completion.
6. Contractors shall be held liable for any damage to other utilities caused by their construction.
7. Contractors shall make an effort to limit damage to landscaping in public utility easements.
8. All damages to landscaping, fences, or other private structures within the boundaries of the public utility easement are the responsibility of the landowner.
9. Fee. All applications for a permit shall be accompanied by a review fee and surety deposit in accordance with the adopted Fee Ordinance of Mantua.
10. Private construction such as driveways, sidewalks, mailboxes, etc. are exempt from the preceding requirements of this section and shall be approved by the zoning administrator.
11. No building shall be built over a utility easement
12. All emergency work inside a public utility easement shall be exempt from the requirements of this section.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

11.3.35.1 General Requirements

The following requirements shall apply to all public right of ways.

1. All new construction and improvements easements shall require a permit obtained through the Town.
2. All contractors must be registered with the Town prior to commencing any work in a public right of way.
3. All utility improvements inside a public right of way shall be approved by the Town.
4. All cuts and fills must be compacted and restored to the current Town Standards and approved by the Town upon completion.
5. Contractor is responsible for site restoration and cleanup upon completion.
6. Contractors shall be held liable for any damage to other utilities caused by their construction.
7. Contractors shall make an effort to limit damage to landscaping in public right of ways.
8. All damages to landscaping, or other private structures within the boundaries of the public right of way are the responsibility of the contractor and landscaping shall be restored at a minimum to the condition it was in prior to construction.
9. Fee. All applications for a permit shall be accompanied by a review fee and surety deposit in accordance with the adopted Fee Ordinance of Mantua.
10. Private construction such as driveways, sidewalks, mailboxes, etc. are exempt from the proceeding requirements of this section and shall be approved by the zoning administrator.
11. All emergency work inside a public utility easement shall be exempt from the requirements of this section.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024