The purpose of this article is to create a rural residential zone which is intended as a permanent residential district for those areas of the community where it is desirable to maintain low residential densities. (Ord. 04-2017, 4-6-2017)

 

(Ord. 04-2017, 4-6-2017)

   A.   Minimum Lot And Development Standards:

      1.   Lot:

         a.   Single-family:

 

 

         b.   Two-family:

 

 

      2.   Exceptions:

         a.   A corner lot shall have two (2) fronts, two (2) sides and zero rear.

         b.   Front is determined by location of streets.

         c.   An open front porch may encroach eight feet (8') into the front yard setback.

         d.   Projections such as skylights, sills, cornices, chimneys, flues, eaves and ornamental features may project into the yard up to two and one-half feet (21/2').

   B.   Erection Of More Than One Principal Structure On Lot: More than one structure housing a permitted principal use may be erected on a single lot; provided, that yard setbacks and other requirements of this title shall be met for each structure.

   C.   Structures To Have Access: All structures shall be on a lot adjacent to a public street or with access to an approved private street, and shall be so located on lots as to provide safe and convenient access for fire protection.

   D.   Farm Animals/Livestock: Livestock, fowl and other animals (excluding household pets) may, where permitted, be kept, bred and maintained with the following restrictions:

      1.   Livestock: One animal for every five thousand (5,000) square feet of property (excluding occupied structures): One horse, cow, pig, llama, goat or five (5) sheep. The offspring of livestock may be kept without consideration of the space limitations until the animal is weaned or not to exceed six (6) months. All feedlot properties are currently grandfathered with the current permitted animals, fences, outbuildings, etc., as is. Any of the seasonal herds that are moved in can be left for the purpose of wintering and weaning calves. All new animals, fences and outbuildings will be subject to the land use ordinance as of October 21, 2014.

      2.   Other Farm Animals: For each five thousand (5,000) square feet of property (excluding occupied structures): Five (5) rabbits or fowl, or other similar small animals may be kept. One hundred (100) rabbits or fowl may be kept in an enclosed structure with a roof and walls on all sides. The offspring kept in the enclosed structure shall not exceed two hundred (200) and may be kept for a period of six (6) months. One enclosed structure may be kept for every five thousand (5,000) square feet of property (excluding occupied structures).

   E.   Public Utility Stations: In any zone where residences are allowed, public utility stations shall meet the following requirements:

      1.   Each station shall be located on a lot not less than two thousand (2,000) square feet in area.

      2.   Each station shall be located on a lot that has adequate access from a street, alley or easement.

      3.   Each station shall be provided with a yard on each of the four (4) sides of the building for structures not less than five feet (5') in width, except that for such stations located on lots fronting on a street and abutted by one or more residential lots, the front, side and rear yards should equal those required for a single-family residence in the same district. (Ord. 04-2017, 4-6-2017)

The operation of any use permitted in this district is subject to the following standards of performance:

   A.   Noise And Similar Features: All uses must be operated so that all practical means are used to confine any noise, odor, dust, smoke, vibration or other similar feature to the premises upon which they are located.

   B.   Lighting: Any light used to illuminate signs, parking areas or for any other purpose shall be so arranged as to confine direct light beams to the lighted property by appropriate directional hooding. (Ord. 04-2017, 4-6-2017)

Parking standards are listed in the following table:

 

 

(Ord. 04-2017, 4-6-2017)

The town shall not issue a conditional use permit unless the town council, in the case of an administrative conditional use, and in all other conditional uses, concludes that the application fully mitigates all identified adverse impacts and complies with the following general standards applicable to all conditional uses, as well as the specific standards for the use:

   A.   General Review Criteria: An application for a conditional use in the zone must demonstrate:

      1.   The application complies with all applicable provisions of this title, state law and federal law;

      2.   The structures associated with the use are compatible with surrounding structures in terms of use, scale, density and circulation;

      3.   The use is not detrimental to the public health, safety and welfare;

      4.   The use is consistent with the town general plan as amended;

      5.   Traffic conditions are not adversely affected by the proposed use, including the existence or need for dedicated turn lanes, pedestrian access, and capacity of the existing streets;

      6.   There is sufficient utility capacity;

      7.   There is sufficient emergency vehicle access;

      8.   The location and design of off street parking are in compliance with off street parking standards;

      9.   A plan for fencing, screening and landscaping to separate the use from adjoining uses and mitigate the potential for conflict in uses;

      10.   Exterior lighting complies with lighting standards of the zone;

      11.   Within and adjoining the site, impacts on the aquifer, for slope retention and flood potential, have been fully mitigated and is appropriate to the topography of the site.

   B.   Specific Review Criteria For Certain Conditional Uses: In addition to the foregoing, the town council must evaluate the applicant's compliance with each of the following criteria when considering whether to approve, deny or conditionally approve an application for each of the following conditional uses:

      1.   Accessory Structures, Occupied:

         a.   Proximity: The occupied accessory structure must be located no less than six feet (6') from the main building;

         b.   Setbacks: The occupied accessory structure must be located in either the rear or side yard with no less than a three foot (3') setback from the rear and side lot lines, unless the occupied accessory structure is located at the front yard setback of an adjacent corner lot, in which case, the side yard setback to the nearest side lot line must be at least fifteen feet (15');

         c.   Height: The occupied accessory structure height may not exceed twenty four feet (24') to the midpoint for a sloped roof and twenty feet (20') to the cornice for a flat roof;

         d.   Building Area: The maximum area of an occupied accessory structure is the larger of nine hundred (900) square feet or thirteen percent (13%) of the lot area. No more than six hundred (600) square feet of the occupied accessory structure shall be used for human occupancy;

         e.   Application: Each applicant for an occupied accessory structure shall include:

            (1)   Site Plan: A site plan, which demonstrates one additional off street parking space for the occupied accessory structure;

            (2)   Covenant Of Occupancy: The owner's covenant to occupy the primary dwelling unit, which covenant shall run with the conditional use permit.

      2.   Childcare Facility/Center: Each application for a childcare facility, center or home occupation must include and comply with:

         a.   State License Application: Proof of application for state childcare license;

         b.   State Law Compliance: Compliance with state, federal and local law;

         c.   Design: A design that does not include a front yard playground;

         d.   Parking, Traffic Plan: A parking and traffic plan that adequately mitigates the adverse impacts of increased traffic in the neighborhood;

         e.   Number Of Children: Childcare providers as a home occupation may not exceed eight (8) children, twelve (12) years of age or younger, including the provider's own children at any given time;

         f.   Infants: Childcare providers as a home occupation may not provide services for more than two (2) infants under the age of two (2) at any given time;

      3.   Intermittent Commercial Uses: The occasional use of dwellings, community buildings, private clubs, lodges, social or recreational establishments and/or their accessory buildings for commercial purposes may be allowed upon receiving a conditional use permit; and provided, that there is compliance with the provisions of this section. The following standards shall apply to all intermittent commercial uses in addition to any conditions the town council deems necessary and desirable to protect the public health, safety and general welfare:

         a.   Display, Sales Of Merchandise: The display and sales of merchandise should be contained primarily within a building;

         b.   Setback, Vision Clearance, Code Compliance: The building proposed for the intermittent commercial use must comply with setback and clear vision area requirements of this title, and with applicable building and fire codes;

         c.   Business License: A business license from the town is required to conduct an intermittent commercial use;

         d.   Parking: Adequate parking is provided to serve the commercial use that does not create a parking shortage for other existing uses on site;

         e.   Noise, Light: The use does not create noise, light or glare which adversely impacts surrounding uses.

      4.   Small Engine Repair: Each applicant for a small engine repair shall be reviewed as a home occupation using the review criteria outlined in subsection B5 of this section.

      5.   Home Occupation: Each application for a business license for a home occupation shall include the owner's agreement that the proposed use:

         a.   Outdoor Display, Storage, Parking: Shall not include outdoor storage, outdoor display of merchandise, nor parking/storage of any vehicle in excess of twelve thousand (12,000) pounds gross vehicle weight;

         b.   Signs: Shall not include identifying signs in excess of a six (6) square foot nameplate, attached to the dwelling;

         c.   Employees: Is limited to the on site employment of immediate family members who occupy the dwelling (this criterion is not intended to limit the number of employees who are engaged in the business for the home occupation but work off premises);

         d.   Residential Character: Shall not alter the residential character or appearance of the dwelling or neighborhood;

         e.   Occupancy Maximum: Shall not occupy more than twenty five percent (25%) of the main floor of the dwelling nor more than fifty percent (50%) of the floor area of any garage or outbuilding in which the use is conducted;

         f.   Traffic: Shall not generate business related vehicular traffic in excess of three (3) vehicles per hour;

         g.   Use Of Municipal Services: Shall not cause a demand for municipal services in excess of that associated with normal residential use;

         h.   Building Code Compliance: Shall be enclosed within a structure in complete conformity with international building codes as adopted by the town; and

         i.   Prohibited Businesses: Is not a mortuary, animal hospital, kennel, clinic, hospital, RV service, junkyard, auto repair service, public stable or adult oriented business. (Ord. 04-2017, 4-6-2017)

If a sign type is not specifically designated below, then it is prohibited.

 

(Ord. 04-2017, 4-6-2017)

A drinking water protection overlay district is hereby created within the rural residential zone. This district will apply the regulations for land use specified in title 8, chapter 3 of this code, in addition to the regulations of the underlying rural residential zone, and cover the areas of land described within this article. The overlay district will also be illustrated on the town zoning map. (Ord. 04-2017, 4-6-2017)

The purpose of this article is to create a zone which provides an area in the town for commercial uses that are oriented to vehicular travel and service related uses. (Ord. 04-2017, 4-6-2017)

 

(Ord. 04-2017, 4-6-2017)

   A.   Minimum Lot And Development Standards:

 

 

   B.   Erection Of More Than One Principal Structure On Lot: More than one structure housing a permitted principal use may be erected on a single lot; provided, that yard setbacks and other requirements of this title shall be met for each structure.

   C.   Structures To Have Access: All structures shall be on a lot adjacent to a public street or with access to an approved private street, and shall be so located on lots as to provide safe and convenient access for fire protection.

   D.   Farm Animals/Livestock: Livestock, fowl and other animals (excluding household pets) may, where permitted, be kept, bred and maintained with the following restrictions:

      1.   Livestock: One animal for every five thousand (5,000) square feet of property (excluding occupied structures): One horse, cow, pig, llama, goat or five (5) sheep. All feedlot properties are currently grandfathered with the current permitted animals, fences, outbuildings, etc., as is. Any of the seasonal herds that are moved in can be left for the purpose of wintering and weaning calves. All new animals, fences and outbuildings will be subject to the land use ordinance as of October 21, 2014. The offspring of livestock may be kept without consideration of the space limitations until the animal is weaned or not to exceed six (6) months.

      2.   Other Farm Animals: For each five thousand (5,000) square feet of property (excluding occupied structures): Five (5) rabbits or fowl, or other similar small animals may be kept. One hundred (100) rabbits or fowl may be kept in an enclosed structure with a roof and walls on all sides. The offspring kept in the enclosed structure shall not exceed two hundred (200) and may be kept for a period of six (6) months. One enclosed structure may be kept for every five thousand (5,000) square feet of property (excluding occupied structures).

      3.   Animals Stabled Or Housed In Enclosed Areas: Any building, structure or corral in which livestock is kept must be at least fifty feet (50') from any street, dwelling or sidewalk. This does not include open pasturing on a temporary or seasonal basis.

   E.   Public Utility Stations: Public utility stations shall meet the following requirements:

      1.   Each station shall be located on a lot not less than two thousand (2,000) square feet in area.

      2.   Each station shall be located on a lot that has adequate access from a street, alley or easement.

      3.   Each station shall be provided with a yard on each of the four (4) sides of the building for structures not less than five feet (5') in width, except that for such stations located on lots fronting on a street and abutted by one or more residential lots, the front, side and rear yards should equal those required for a single-family residence in the same district. (Ord. 04-2017, 4-6-2017)

 

 

(Ord. 04-2017, 4-6-2017)

The operation of any use permitted in this district is subject to the following standards of performance:

   A.   Noise And Similar Features: All uses must be operated so that all practical means are used to confine any noise, odor, dust, smoke, vibration or other similar feature to the premises upon which they are located.

   B.   Lighting: Any light used to illuminate signs, parking areas or for any other purpose shall be so arranged as to confine direct light beams to the lighted property by appropriate directional hooding. (Ord. 04-2017, 4-6-2017)

Parking standards in table 6.1, "Parking", of this section also apply to the following on site parking requirements:

   TABLE 6.1

   PARKING

 

(Ord. 04-2017, 4-6-2017)

The town shall not issue a conditional use permit unless the application fully mitigates all identified adverse impacts and complies with the following general standards applicable to all conditional uses, as well as the specific standards for the use:

   A.   General Review Criteria: An applicant for a conditional use in the zone must demonstrate:

      1.   The application complies with all applicable provisions of this title, state law and federal law;

      2.   The structures associated with the use are compatible with surrounding structures in terms of use, scale, density and circulation;

      3.   The use is not detrimental to the public health, safety and welfare;

      4.   The use is consistent with the town general plan, as amended;

      5.   Traffic conditions are not adversely affected by the proposed use, including the existence or need for dedicated turn lanes, pedestrian access and capacity of the existing streets;

      6.   There is sufficient utility capacity;

      7.   There is sufficient emergency vehicle access;

      8.   The location and design of off street parking are in compliance with off street parking standards;

      9.   A plan for fencing, screening and landscaping to separate the use from adjoining uses and mitigate the potential for conflict in uses;

      10.   Within and adjoining the site, impacts on the aquifer for slope retention and flood potential have been fully mitigated and is appropriate to the topography of the site.

   B.   Specific Review Criteria For Certain Conditional Uses: In addition to the foregoing, the town council must evaluate the applicant's compliance with each of the following criteria when considering whether to approve, deny or conditionally approve an application for each of the following conditional uses:

      1.   Adult Oriented Businesses: The purpose and objective of this subsection is to establish reasonable and uniform regulations to prevent the concentration of adult oriented businesses or their location in areas deleterious to the health, safety and welfare of the town, and to prevent inappropriate exposure of such businesses to the community. This subsection regulates the place of the operation of sexually oriented businesses, consistent with the United States and Utah state constitutions.

         a.   No adult oriented business may be located within one thousand feet (1,000') of any:

            (1)   School, daycare facility, cemetery, public park, library or religious institution;

            (2)   Residential zoning boundary;

            (3)   Other adult oriented business.

         b.   For the purposes of this subsection, distance is measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which the adult oriented business is located and:

            (1)   The closest exterior wall of another adult oriented business;

            (2)   The closest property line of any school, daycare facility, public park, library, cemetery or religious institution; and

            (3)   The nearest property line of any residential zone.

      2.   Intermittent Commercial Uses: The occasional use of dwellings, community buildings, private clubs, lodges, social or recreational establishments and/or their accessory buildings for commercial purposes may be allowed upon receiving a conditional use permit; and provided, that there is compliance with the provisions of this subsection. The following provisions shall apply to all intermittent commercial uses in addition to any conditions the town council deems necessary and desirable to protect the public health, safety and general welfare:

         a.   The display and sales of merchandise should be contained primarily within a building;

         b.   The building proposed for the intermittent commercial use must comply with setback and clear vision area requirements of this title and with applicable building and fire codes;

         c.   A business license from the town is required to conduct an intermittent commercial use;

         d.   Adequate parking is provided to serve the commercial use that does not create a parking shortage for other existing uses on site;

         e.   The use does not cause noise, light or glare which adversely impacts surrounding uses.

      3.   Temporary Outdoor Use: Temporary vendors must:

         a.   Notify the town of the date, place and duration of their intended use, along with permission in writing from the property owner or event organizer;

         b.   Last no longer than seventy two (72) hours.

      4.   Minor Telecommunications Facility 1 :

         a.   Purpose: The purpose of this subsection is to establish general requirements for the siting of wireless telecommunications facilities. The intent is to:

            (1)   Encourage the location of facilities in nonresidential areas;

            (2)   Minimize the total number of monopole facilities throughout the community;

            (3)   Encourage the joint use of new and existing communication sites;

            (4)   Encourage providers of facilities to locate them where the adverse impact on the community is minimal;

            (5)   Encourage providers of facilities to use innovative design to minimize adverse visual impact; and

            (6)   Enhance the ability of the providers of telecommunications services to provide each service to the community quickly, effectively and efficiently.

         b.   Applicability: The requirements of this subsection apply to both commercial and private wireless telecommunications services such as "cellular" or "PCS" (personal communications services) communications and paging systems. All facilities shall comply with the following regulations and all other ordinances of the town and any pertinent regulations of the federal communications commission and the federal aviation administration.

         c.   Facility Types And Standards: Wireless telecommunications facilities are characterized by the type and location of the antenna structure. There are four (4) general types of antenna structures: wall mounted; roof mounted; monopoles; and lattice towers. Standards for the installation of each type of antenna are as follows:

            (1)   Wall Mounted Antenna:

   (A) Wall mounted antennas shall not extend above the wall line of the building or structure or extend more than four feet (4') horizontally from the face of the building or structure.

   (B) Antennas, equipment and the supporting structure shall be painted to match the color of the building or structure or the background against which they are most commonly seen. Antennas and the supporting structures on building should be architecturally compatible with the building and the supporting structures on the building should be architecturally compatible with the building.

   (C) Antennas mounted directly on existing parapet walls, penthouses or mechanical equipment rooms, with no portion of the antenna extending above the roofline of such structures, shall be considered a wall mounted antenna.

   (D) Stealth wall mounted antennas are encouraged and shall be allowed to vary from the provisions of this subsection of the conditional use process.

            (2)   Roof Mounted Antenna:

   (A) Roof mounted antennas shall be allowed on top of existing penthouses or mechanical equipment rooms, provided the antennas and antenna mounting structures shall not extend more than eight feet (8') above the existing roofline of the penthouse or mechanical equipment room.

   (B) For antennas not mounted on a penthouse or mechanical equipment room and on a flat roof, the antennas shall be mounted at least five feet (5') from the exterior wall or parapet wall of the building or structure and shall be measured from the top of the antenna to the roofline of the building, structure or parapet. The height of the antenna shall be equal to the distance the antenna is set back from the exterior wall or parapet wall.

   (C) Roof mounted antennas on a pitched roof shall be allowed, provided the antennas and antenna support structures do not extend higher than the peak of the roof measured by a horizontal line from the peak extending over the roof.

   (D) Stealth and roof mounted antennas are encouraged and shall be allowed to vary from the provisions of this part as determined by the town council as part of the conditional use.

            (3)   Monopole: The height limit for monopole antennas is thirty five feet (35').

   (A) In residential zones, the monopole antennas will only be allowed in conjunction with an existing public or quasi-public use, including, but not limited to, churches, schools, utilities and parks.

   (B) No monopole antennas will be allowed in the front yard setback of any lot.

   (C) Stealth monopole facilities are encouraged and shall be allowed to vary from the provisions of this subsection as determined by the town council as part of the conditional use.

            (4)   Lattice Towers: Lattice towers are not allowed.

         d.   Color/Design: Monopoles, antennas and any associated buildings or equipment shall be painted to blend with the surroundings that are most commonly seen. The color shall be determined on a case by case basis by the town council as part of the conditional use process. Within six (6) months after the facility has been constructed, the town council may require the color be changed if it is determined that the original color does not blend well with the surroundings.

         e.   Additional Requirements: The following shall be considered by the town council as part of the conditional use process:

            (1)   Compatibility of the proposed structure with the height and mass of the existing buildings and utility structures;

            (2)   Location of the antenna on other existing structures in the same vicinity, such as other monopole antennas, buildings, water towers, utility poles, athletic fields, lights, parking lot lights, etc., where possible, without significantly impacting antenna transmission or reception;

            (3)   Location of the antenna in relation to existing vegetation, topography, including ridge lines, and buildings to obtain the best visual screening;

            (4)   Spacing between monopole antennas which create detrimental impacts to adjoining properties;

            (5)   Installation of, but not limited to, curb, gutter, sidewalk, landscaping and fencing.

         f.   Accessory Buildings: Accessory buildings to antenna structures must comply with the required setback, height and landscaping requirements of the zoning district in which they are located. All utility lines on the lot leading to the accessory building and antenna structure shall be underground.

         g.   Nonmaintained Or Abandoned Facilities: The town council may require each nonmaintained or abandoned telecommunications facility to be removed from the building or premises when such a facility has not been repaired or put into use by the owner or agent within twelve (12) months after notice of nonmaintenance or abandonment is given to the owner or agent. The applicant shall post a site specific bond when a permit is issued to guarantee removal of the facility and site restoration. The bond type and amount shall be determined upon review by the town council on a case by case basis. No bond shall be required for roof or wall mounted facilities.

         h.   Building Permit Required: A building permit is required for all wireless telecommunication facilities, including, but not limited to, monopole antennas, and roof and wall mounted antennas.

         i.   Temporary Drive Test: Companies wishing to perform drive tests shall submit notice to the town council stating the location and the date of the proposed test. Antennas in use for the drive tests shall be limited to testing functions only and shall not be used for telecommunications services to customers. (Ord. 04-2017, 4-6-2017)

 

(Ord. 04-2017, 4-6-2017)