Morgan County Unincorporated
City Zoning Code

SUPPLEMENTARY REGULATIONS

§ 155.310 EFFECT OF SUBCHAPTER.

The general regulatory provisions set forth in this subchapter qualify or supplement, as the case may be, the district regulations appearing elsewhere in this chapter.

(Prior Code, § 8-6-1) (Ord. 10-16, passed 12-14-2010)

§ 155.311 SUBSTANDARD LOTS.

The requirements of this chapter as to minimum lot area or lot width shall not be construed to prevent the use for a single-unit dwelling of any lot or parcel of land in the event that such lot has been held in separate ownership prior and since adoption of this chapter and zoning regulations in effect prior to the adoption of this chapter have been complied with.

(Prior Code, § 8-6-3)

§ 155.312 EVERY DWELLING TO BE ON A LOT; EXCEPTIONS.

(A) Every dwelling structure shall be located and maintained on a separate lot having no less than the minimum area, width, depth, frontage and public improvements required by this chapter, except that group dwelling complexes under single ownership and management which are permitted by this chapter and have approval from the Planning Commission, may occupy one lot for each such multi- structure complex.

(B) If a property owner desires to build a new home and demolish the existing home the county shall allow a building permit for the new dwelling unit to be issued prior to the demolition of the existing dwelling with the following conditions:

(1) Sign and notarize an affidavit outlining the demolition of the existing dwelling and the timing for the demolition, which demolition period shall not exceed 60 days. The affidavit shall include the following information:

(a) Timing for the construction of the second structure.

(b) That the demolition shall be completed within the timeframe set forth in the affidavit. If that does not occur, then the Planning Department shall initiate enforcement procedures as outlined in § 10.99 and § 155.999.

(c) Cost of the demolition cash assurance bond submitted to the county for review by the building official and Zoning Administrator.

(2) Pay a demolition cash assurance bond with the county of 110% of the cost agreed upon by the Building Official and the Zoning Administrator. If the demolition of the existing dwelling does not occur within the timeframe outlined within the affidavit, then the county will use the cash assurance bond to demolish the structure.

(Prior Code, § 8-6-4) (Ord. 17-17, passed 3-21-2017; Ord. 24-04, passed 2-6-2024)

§ 155.313 YARD SPACE FOR ONE BUILDING ONLY.

No required yard or other open space around a building, or which is hereafter provided around any building, for the purpose of complying with the provisions of this chapter, shall be considered as providing a yard or open space for any other building, nor shall any yard or other required open space on an adjoining lot be considered as providing the yard or open space on a lot whereon a building is to be erected or established.

(Prior Code, § 8-6-5)

§ 155.314 YARDS UNOBSTRUCTED; EXCEPTIONS.

Every part of a required yard shall be open to the sky, unobstructed except for accessory buildings in a rear yard and for the ordinary projections of skylights, sills, belt courses, cornices, chimneys, awnings, flues and other ornamental features which project into a yard not more than two feet and fire escape structures projecting into a yard not more than five feet.

(Prior Code, § 8-6-6)

§ 155.315 CLEAR VIEW OF INTERSECTING STREETS.

(A) In all districts or uses for which a front yard is required, no opaque obstruction to view in excess of three feet high (above top back of curb) shall be placed on any corner lot within a triangular area formed by the intersection of straight lines extended from the back of the curb (or future curb) and a line connecting them at points 25 feet from the intersection of the curb line, except a reasonable number of trees pruned to permit unobstructed views to automobile drivers.

(B) Deviations from these requirements must be reviewed and approved by the County Engineer, if found to maintain an acceptable degree of safety.

(Prior Code, § 8-6-7) Penalty, see § 155.999

§ 155.316 SALE OR LEASE OF REQUIRED SPACE.

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

(Prior Code, § 8-6-8) Penalty, see § 155.999

§ 155.317 DIVISION OF LOTS BELOW MINIMUM SPACE REQUIREMENTS.

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

(Prior Code, § 8-6-9) Penalty, see § 155.999

§ 155.318 PARKING IN FRONT YARD PROHIBITED.

(A) No portion of a front yard, as defined in § 155.008 of this code, shall be used for permanent parking of motor vehicles, recreational vehicles or recreational equipment, with the exception of required drives of not more than 30 feet in width.

(B) PERMANENT PARKING, as it applies to this subchapter, shall mean parking for a consecutive period in excess of 24 hours.

(Prior Code, § 8-6-10) Penalty, see § 155.999

§ 155.319 USE OF LAND, BUILDINGS AND STRUCTURES.

No land shall be used or occupied and no building or structure shall be designed, erected, altered, used or occupied for any use, except those uses specifically permitted on the land upon which the building or structure is located or erected or use established as permitted in the regulations for the district in which said land is located.

(Prior Code, § 8-6-11) Penalty, see § 155.999

§ 155.320 ABANDONED, WRECKED OR JUNK VEHICLES.

(A) Parking prohibited; exceptions. It shall be unlawful to park, store or leave or to permit the parking, storing or leaving, of any licensed or unlicensed motor vehicle of any kind, or parts thereof, which is in a wrecked, junked, partially dismantled, inoperative or abandoned condition, whether attended or not, upon any private property within the county for a period of time in excess of 72 hours, except two or less such vehicles or parts thereof may be stored if within a building or placed behind an opaque screening fence; and except that said vehicles and parts may be within a junkyard or automobile wrecking yard lawfully established pursuant to the provisions of this chapter.

(B) Nuisance declared; removal. The accumulation and storage of more than two such vehicles, or parts thereof, as defined in division (A) above, on private property, except as set forth above, shall constitute a nuisance detrimental to the health, safety and welfare of the inhabitants of the county. It shall be the duty of the owner of such vehicle, or parts thereof, or lessee or other person in possession of private property upon which such vehicle or parts thereof are located, to remove the same from such property.

(Prior Code, § 8-6-12) Penalty, see § 155.999

§ 155.321 MAXIMUM HEIGHT OF MAIN BUILDING.

(A) Specified. No dwelling shall be erected to a height less than one story above grade, except as may be approved by the Planning Commission upon a showing that the structure is designed for energy conservation, will be a finished building, and will comply with all county building and safety codes and this chapter.

(B) Exceptions to building height limitations. Roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, water tanks, radio and television antennas, microwave or satellite dishes, except as provided in § 155.322 of this code, theater lofts, silos or similar structures may be erected above the height limits herein prescribed, but no space above the height limit shall be allowed for purposes of providing additional floor space, nor shall it provide for human occupancy.

(C) Special exception for additional building height. Where expressly allowed by this chapter, and upon special approval of the County Commission, after recommendation from the Planning Commission, actual building height may exceed the height limitation if required building setbacks (front, side and rear) are increased by a ratio of one and one-half feet of height to one foot of additional setback. The Planning Commission must make a finding that the height increase will not impair the view of neighboring property, nor negatively affect the property values of abutting properties.

(Prior Code, § 8-6-13)

§ 155.322 SPECIAL ANTENNAS AND ENERGY EQUIPMENT.

(A) Satellite dishes.

(1) Earth station defined. Any apparatus or device, commonly known as an earth terminal antenna, earth terminal, satellite communication antenna, satellite antenna, microwave dish antenna, satellite television antenna or dish antenna, which is designed for the purpose of transmitting and/or receiving radio, television, satellite, microwave or other electromagnetic energy signals, but does not include conventional television, radio and amateur radio antenna.

(2) Applicability. Earth station regulations shall apply to earth stations with a dish diameter over four feet in size.

(3) Location of earth stations in Residential Districts.

(a) Ground-mounted in all Residential Districts.

1. Maximum height: Maximum height from grade to the top of the dish shall be 12 feet. Any ground-mounted earth station with a height exceeding 12 feet shall be allowed only with a conditional use approval from the Planning Commission.

2. Number per lot: A maximum of one earth station structure shall exist at any one time on any residentially-zoned property.

3. Front yard: If there is no other alternative for the location, earth stations may be allowed in the front yard area only with a conditional use approval from the Planning Commission.

a. Setback maximums from the public street shall be determined by the Planning Commission.

b. Applicants shall provide a site plan indicating the location of the earth station.

4. Rear and side yard: Earth stations shall be located in rear yards, where possible. If rear yards are not acceptable for proper reception of signals, the earth station may be located in either side yard.

5. Corner lots: On corner lots, the earth station may be situated to the rear of the main dwelling and within the area between the main building and street when approved by the Planning Commission as a conditional use.

6. Easements, rights-of-way: No earth station shall be located on any legally recorded public utility easement or right-of-way.

7. Multi-family: One earth station shall be allowed per building. A second earth station may be allowed with a conditional use approval from the Planning Commission.

(b) Roof-mounted in all Residential Zones. If the rear and side yards are deemed unacceptable for suitable signal reception, then roof-mounted earth stations may be permitted with a conditional use review and approval from the Planning Commission. Such roof installations may be permitted by the Planning Commission under the following criteria:

1. Roof-mounted earth stations shall be mounted directly upon the roof of a primary structure and shall not be mounted upon appurtenances such as chimneys, towers, trees, poles or spires;

2. An earth station shall not exceed a height determined appropriate by the Planning Commission. The height of the structure shall not exceed the maximum height limits established within the zone in which the earth station is to be located;

3. Evidence of wind loading and structural safety of the earth station shall be provided to the Planning Commission by the applicants;

4. An earth station mounted on a roof shall be located on the portion of the roof which is oriented to the rear yard rather than located on the portion of the roof visible from the street; and

5. Other criteria as deemed appropriate by the Planning Commission.

(4) Location of earth stations in Commercial and Industrial Districts.

(a) Ground-mounted in Commercial and Industrial Districts.

1. Maximum height: Maximum height from grade to the top of the dish shall be 15 feet. Any earth station with a height exceeding 15 feet shall be allowed only with a conditional use approval from the Planning Commission.

2. Number allowed: Two earth station structures shall be permitted at any one time per separate commercial or industrial business. More than two earth stations may be permitted with a conditional use approval from the Planning Commission.

3. Advertising: No earth station shall display lettering or numbers for advertising purposes.

4. Rear and side yards: An earth station in any Commercial or Industrial District shall be located in the rear or side yard area, if possible.

5. Front yards: An earth station may be located in the front yard, provided the structure is not located in the minimum front landscape area, and the structure does not interfere with pedestrian or vehicular traffic.

6. Easements, rights-of-way: No earth station shall be located on any legally recorded public utility easement or right-of-way.

(b) Roof-mounted in all Commercial and Industrial Zones. If the front, rear and side yards are deemed unacceptable for suitable signal reception, or pose a negative aesthetic or neighborhood impact, then roof-mounted earth stations may be permitted with conditional use review and approval from the Planning Commission. Such roof installations may be permitted under the following criteria:

1. Roof-mounted earth stations shall be mounted directly upon the roof of a primary structure and shall not be mounted upon appurtenances such as chimneys, towers, trees, poles which exceed the minimum height of mast required to mount the antenna to the roof, spires or similar structures;

2. The height of a roof-mounted earth station located in any Commercial or Industrial District shall not exceed 12 feet above the highest point of the roof upon which the structure is located. Height increases over 12 feet may be approved by the Planning Commission as deemed appropriate. The roof-mounted earth station shall not exceed the maximum height limits established within the zone in which the earth station is to be located;

3. Other criteria as deemed appropriate by the Planning Commission; and

4. All roof-mounted earth stations shall be screened from view from adjacent streets and properties in the same manner as is required of all other roof-mounted equipment in this chapter. Said station shall not significantly change the architectural character of the structure.

(B) Wind conversion. Wind energy conversion systems shall meet the following standards.

(1) Minimum tower setback. Minimum tower setback from any property line shall equal the height of the tower.

(2) Tower to meet main dwelling setbacks. Towers shall meet main dwelling setbacks for the particular zone in which the tower is located.

(3) Safety measures. There shall be sufficient safety measures to prevent the tower from becoming a climbing hazard.

(4) Easement, right-of-way. The tower shall not be located on a utility easement or right-of-way.

(5) Joint ownership. In the case of joint ownership of a tower, the structure may be located on any lot as approved by the Building Inspector, providing the tower meets setback requirements mentioned above in respect to all perimeter properties.

(6) Permit and certificate. The owner shall obtain a building permit and certification by a registered engineer as to the safety of equipment and installation.

(1) Applicability. These regulations shall apply to all solar heating developments, private or public, to the extent that design review is not preempted by state or federal law.

(2) Review and standards. All applications for building permits for structures with solar installations shall be forwarded to the Planning Department for review and approval. The proposed installation will be reviewed to ensure compliance with the following standards:

(a) Collectors shall not reflect sunlight into neighboring windows;

(b) The installation shall extend no higher than roof ridgeline, or, on a flat roof, a parapet wall;

(c) The installation shall stand no more than seven feet above the surface of the roof and shall not exceed the maximum height for structures in the zone;

(d) The color of collector frames shall be compatible with the roof;

(e) The piping shall blend with the surface to which it is attached; and

(f) The ends of the panel arrays shall be covered and mounting brackets shall blend with the roof and not be visible from front yard.

(D) Planning Commission review.

(1) Necessity. If a review by the Planning Commission is considered necessary, the development shall be reviewed at a regularly scheduled meeting.

(2) Information required. At the time of the meeting, the applicant shall provide the following:

(a) Site plan;

(b) Drawings showing existing building elevations;

(d) The kind, color and texture of materials to be used; and

(e) Any other pertinent information determined to be necessary by the County Planner.

(3) Action. The Planning Commission shall approve, approve with conditions or deny the development or structure.

(Prior Code, § 8-6-14)

§ 155.323 HOME OCCUPATIONS.

(A) Purpose. The purpose of this section is to:

(1) Encourage major business activities to be conducted in appropriate Commercial Zones;

(2) Allow for home occupations that are compatible with the neighborhoods in which they are located as an accessory use;

(3) To safeguard peace, quiet and domestic tranquility within all residential neighborhoods within the county, and to protect residents from excessive noise, excessive traffic, nuisance, fire hazard and other possible adverse effects of commercial uses being conducted in residential areas;

(4) Provide a means to terminate home occupations if disruption of a residential neighborhood occurs; and

(5) To establish a class of businesses that is permitted in the home to engage in the business of childcare and other group child activities.

(B) Home occupations license.

(1) A home occupation shall be conducted within the county in zone districts where allowed by this chapter and in compliance with the following provisions, unless it has been determined to be a nonconforming use pursuant to § 155.365 of this code.

(2) A license to conduct a home occupation shall be issued by the business license section of the Community Development Department.

(3) Approval from the Department shall be pursuant to the following provisions or as a nonconforming use.

(C) Standards for approval of all home occupations licenses. The following standards shall be complied with in the operation of all home occupations at all times.

(1) The home occupation shall be an accessory use which is clearly secondary and incidental to the primary use of the dwelling unit for residential purposes.

(2) The home occupation shall not physically change or alter the external residential appearance of the principal or accessory structures. Interior alterations for the purpose of accommodating the home occupation are prohibited if such alteration eliminates either the kitchen, dining area, bathrooms, living room or all of the bedrooms.

(3) The home occupation shall not involve the use of any yard space for storage or display of supplies, inventory or equipment when such use is in conjunction with the sale or production of goods or services.

(4) There shall be complete conformity with fire, building, plumbing, electrical and all other county, state and federal codes.

(5) The home occupation shall not cause a demand for municipal, community or utility services that are substantially in excess of those usually and customarily provided for residential uses.

(6) The home occupation shall not be associated with or produce odor, smoke, dust, heat, fumes, light, glare, color, materials, construction, lighting, sounds, noises or vibrations, or other nuisances, including interferences with radio and television reception or other adverse effects associated with its use as a business that may be discernible beyond the premises or unreasonably disturb the peace and quiet of the neighborhood.

(7) No process can be used which is hazardous to public health, safety, morals or welfare.

(8) The home occupation shall not interfere or disrupt the peace, quiet and domestic tranquility of the neighborhood by creating excessive noise, excessive traffic, nuisance, fire hazard, safety hazard or other adverse effects of commercial uses.

(9) Inspection during reasonable hours by county officials may occur as necessary to ensure compliance with these regulations.

(10) All vehicles, including customer, client- or business-related visitor vehicles, must be provided off-street parking at the location wherein the home occupation is being conducted.

(D) Qualifications.

(1) No more than one person (living outside of the home) working a maximum of 20 hours per week shall be engaged, volunteer or be employed on the premises of the home occupation.

(2) Visitors, customers and vehicular traffic shall not exceed that normally and reasonably occurring for a residence in the neighborhood where the home occupation is located and shall be conducted so that the average neighbor will not be significantly impacted by its existence. In no case shall the home occupation exceed two vehicular customers and/or visits per hour, or six per day, nor deliveries or pick-ups exceed more than one per day.

(3) (a) The home occupation shall not generate or exceed eight children, associated with group child activities (e.g., dance schools, preschool, music classes, childcare centers and the like) at any one time. A maximum of eight students/children is permitted per day. This number shall include the licensee’s own children if they are under six years of age and are under the care of the licensee at the time the home occupation is conducted. This restriction shall not apply to those non-income producing childcare activities (such as baby-sitting cooperatives, baby-sitting exchanges and informal instructional activities for preschool aged children) conducted within private residences.

(b) All child daycare center home occupations shall comply with the requirements and standards of § 155.347 of this code and all applicable Building Codes relevant to the use.

(4) The home occupation may include the limited sale of commodities.

(5) Vehicles or equipment may not be used primarily for the purposes of advertising the home occupation at the site of the home occupation. Vehicles or equipment displaying such advertising should not be visible from the public right-of-way. PRIMARY USE shall be defined if the vehicle is not licensed or running or is not moved for a period longer than 72 hours.

(6) The receipt or delivery of merchandise, goods or supplies for use in a home occupation shall be limited to vehicles with a gross vehicle weight rating (GVWR) of 15,000 pounds or less.

(7) The home occupation may utilize one unanimated, nonilluminated flat sign, for each street upon which the dwelling fronts. The sign must be placed either in a window or on the exterior wall of the dwelling and may not have an area greater than two square feet.

(8) No visitors in conjunction with the home occupation (clients, patrons, students, pupils and the like) shall be permitted between the hours of 10:00 p.m. and 6:00 a.m.

(9) The home occupation shall be carried on wholly within the principal building.

(10) No more than 25% of the total floor area of the dwelling unit, nor in the alternative more than 50% of the total floor area of any basement of the dwelling unit, shall be utilized for the home occupation.

(E) Category I classification; permitted home occupations. Home occupations conducted in conformance with all of the provisions of divisions (C) and (D) above are permitted when appropriately licensed by the county.

(F) Category II classification; designation and qualifications.

(1) Occupations that do not meet all qualifications listed in division (D) above, but still desire to conduct a home occupation, and are not required to obtain a conditional use permit approval under division (G) below, may request review and approval for their home occupation from the Zoning Administrator.

(2) The Zoning Administrator shall review the application for a specific use under this division (F)(2), may provide a public hearing and make recommendation for any approval or denial of the application to the business license section.

(a) The Zoning Administrator, in order to recommend approval, must find and require the following:

1. The proposed home occupation complies with all the standards for home occupations set forth in division (C) above;

2. The proposed home occupation will be of benefit to its own neighborhood by providing a necessary or convenient service to the residents of the neighborhood, but not draw additional traffic from outside the neighborhood; and

3. The category II classification home occupation will not be carried on in a garage, accessory building, swimming pool or outside space.

(b) If the Zoning Administrator is able to make the findings set forth in division (F)(2)(a) above, then the Zoning Administrator must determine:

1. With which of the qualifications listed in division (D) above the proposed home occupation will not be required to comply; and

2. What additional qualifications will be required of the home occupation in order to ensure its continuing compliance with the standards and minimal impact on the neighborhood.

(3) (a) Any approval granted under this division (F)(3)(a) shall be under review and considered probationary for a period of up to one year until reviewed and approved, approved with additional conditions or denied by the County Commission as provided below.

(b) During the review period, the new category II use, together with any specific qualifications and restrictions, shall be presented to the County Commission for adoption as an amendment to this section.

1. If the County Commission approves the home occupation, it may continue, provided the home occupation continues to comply with the standards set forth in division (C) above and the qualifications set forth by the Planning Commission and County Commission.

2. If the County Commission denies the use, then the home occupation must cease operation.

3. The County Commission may choose to make modifications to the qualifications as recommended by the Planning Commission, including, but not limited to, those based on information and experience collected during the review period. The home occupation must comply with the additional or modified qualifications to continue to conduct business.

(4) The qualifications determined to be necessary for the proposed category II home occupation will then apply to all home occupations which have the same business use under the same conditions.

(G) Category III classification; conditional use permit required. Certain types of occupations which have reasonably anticipated detrimental effects to the residential character of the area, when carried on in Residential Districts must be reviewed to determine if reasonable conditions can be imposed to mitigate such effects.

(1) The following uses are appropriate in a dwelling only if they are determined to be compatible with the neighborhood and with the public health, safety and general welfare, and if conditions specific to that activity are developed after full conditional use review by the Zoning Administrator and compliance with division (C) above, applicable development code provisions, and the additional regulations set forth hereafter. The Zoning Administrator may determine, due to potential adverse impacts, that it is in the best interest of the county to refer the application to the Planning Commission for review and acceptance.

(a) Any child daycare center home occupation that is expected to generate or exceed eight children at any one time:

1. A maximum of 16 children is permitted at any one time;

2. A maximum of 18 children is permitted per day;

3. This number shall include the licensee’s and any employees’ children if they are under six years of age and are under the care of the licensee at the time the home occupation is conducted;

4. All child daycare center home occupations shall comply with the requirements and standards of § 155.347 of this code and all applicable Building Codes relevant to the use; and

5. This restriction shall not apply to those non-income producing childcare activities (such as baby-sitting cooperatives, baby-sitting exchanges and informal instructional activities for preschool aged children) conducted within private residences.

(b) Any home occupation that is expected to generate or exceed eight children associated with group child activities (e.g., dance schools, preschool, music classes, other care or instruction of children) at any one time other than child daycare:

1. A maximum of 16 students/children generating separate vehicle trips is permitted at any one time;

2. A maximum 32 students/children generating separate vehicle trips is permitted per day;

3. Additional students/children who do not generate separate vehicle trips may be permitted to a maximum of 16 students/children at any one time and four sessions per day. Additional students/children will be permitted only if the total number of students/children generating separate vehicle trips does not exceed 32 per day;

4. The total number shall include the licensee’s and any employees’ children if they are under six years of age and are under the care of the licensee at the time the home occupation is conducted; and

(c) Repair shops, including welding, carpentry (use of three or more woodworking power equipment), sheet metal work, furniture manufacturing, upholstery and other such manufacturing;

(d) Repair shops for the repair or service of motor vehicles;

(e) Veterinary services;

(f) Massage therapy;

(g) Any home occupation which proposes or conducts activities within an outbuilding, accessory building or garage, outside any structure or in a swimming pool;

(h) Any home occupation using explosives or hazardous chemicals;

(i) Any home occupation which will generate in excess of two vehicular customers or visitors per hour or six per day. A maximum of 12 vehicular business-associated visitors per day may be allowed under a conditional use permit;

(j) Any home occupation proposing to employ or employing a person working more than 20 hours per week or more than one employee (i.e., persons other than residents of the dwelling unit who are engaged, volunteer or are employed on the premises of the home occupation). A maximum of one additional employee may be allowed under a conditional use permit;

(k) Any home occupation which proposes to use or uses commercial use vehicles in excess of one ton;

(l) Any home occupation involving or proposing to involve food or drink preparation, storage or catering. Such a home occupation will be considered for a conditional use permit only when it is authorized by the appropriate state or county department or agency;

(m) Any home occupation which proposes or conducts business between the hours of 10:00 p.m. and 6:00 a.m.; and

(n) Any home occupation that is referred to the Planning Commission by the Zoning Administrator for purposes of Planning Commission recommendation.

(2) In addition to the conditions established by the Zoning Administrator and/or Planning Commission at the time of its review, all category III classification home occupations must comply with the following:

(a) The provisions of this chapter concerning public hearing requirements;

(b) Division (C) above, standards of approval for all home occupation licenses;

(d) All home occupations licensed under this division (G)(2) require an approved conditional use permit and home occupation license prior to commencing business; and

(e) The Zoning Administrator and/or Planning Commission may establish additional conditions for the category III home occupation use to mitigate its effects on the area or for the general health, safety and welfare.

(H) Category IV classification; prohibited home occupations. The following uses, by the nature of the occupation, have a pronounced tendency once started, to rapidly increase beyond standards permitted for home occupations and thereby substantially impair the use and value of residentially zoned areas for residential purposes:

(1) Mortuaries;

(2) Animal hospitals;

(3) Clinics, dental or medical offices, hospitals, physical therapy;

(4) Junkyards;

(5) Commercial stables, kennels;

(6) Ambulance, tow truck or other emergency vehicle storage or repair;

(7) Food or drink preparation, storage or catering not permitted by appropriate state or county department or agency;

(8) Health, fitness, aerobic, jazzercize classes, spa facility;

(9) “Boutiques” or craft shows;

(10) Auto body shop;

(11) Any process which requires the use of spray-painting equipment;

(12) Number of vehicular customers and/or visits per day exceeds 16 per hour (for childcare or group child activities), 16 per day (for nonchild daycare or nongroup child activities) or 32 per day (for childcare or group child activities); and

(13) Any business, occupation, profession, operation, managing or carrying on of a business for the purpose of economic gain, which activity is carried on in a Residential Zone which is not specifically permitted by this chapter.

(Prior Code, § 8-6-15) (Ord. 12-01, passed 3-6-2012; Ord. 17-27, passed 5-2-2017; Ord. 22-02, passed 1-18-2022)

§ 155.324 TEMPORARY USE PERMITS.

(A) Purpose. This section sets forth procedures for considering and approving a temporary use permit. The purpose of this section is to accommodate certain land uses which are temporary in nature and are not permitted or conditional uses in any zone. The character of such uses requires proper conditions to protect the owners, occupants and users of adjacent property. The provisions of this section shall apply to the temporary uses enumerated herein. Any building or structure not conforming to the requirements of this section shall be deemed a permanent use and shall be allowed only if such use is a permitted or conditional use in the zone where the use is located. Uses and events not specifically identified by this section are not allowed as temporary uses. The requirements of this section shall not be construed to prohibit or limit other applicable provisions of this chapter, this code and other laws. Unless otherwise specified herein, temporary use occurrences shall be counted based on either the applicant for the event or at the location of the event, whichever is greater. This subchapter shall not apply to activities lawfully conducted by a government agency.

(B) Authority. The Zoning Administrator is authorized to issue temporary use permits as provided in this section, except for large events.

(C) Initiation. Any person may apply for a temporary use permit as provided in this section, subject to compliance with the provisions of this section and this chapter.

(D) Temporary use permit required. Unless exempt under the provisions of this section, no person shall install or conduct any temporary use without obtaining a temporary use permit issued pursuant to the requirements of this section and this chapter and the development standards of this section. Any event exempted herein from the provisions of this section may request the assistance provided through the permitting process by submitting a complete application, including payment of all fees, for a temporary use permit.

(1) Exemptions.

(a) Personal garage or yard sales conducted on a residential lot or parcel as long as no nuisance or traffic violations occur;

(b) Neighborhood stands conducted by residents on their own property for passersby;

(d) Use of sidewalks, trails or other pedestrian pathways as a means of transportation of a group to or from an event or activity or for travel from place to place;

(e) Events requiring rental or reservation of a county park or other permissible county facility, but not including large events as defined by this section;

(f) Activities or events within a structure or on a site for which the structure or site were specifically designed, including, but not limited to:

1. School sports, Little League or community organized sports, activities or events, on school or other public property, regardless of public or private schools, sponsored or sanctioned by the state’s High School Activities Association (UHSAA) or the school district in which the school is located;

2. Meetings or gatherings as a part of the normal course of business; or

3. On-site school programs or activities for the attendance of students, relatives and guests which are not of a money-raising nature.

(g) Events or activities that fully comply with all of the following:

1. The event or activity is completely contained on private property for which the property owner has given permission for the event or activity;

2. Attendance at the event or activity does not exceed the determined capacity for any building in which the event or activity will be held;

3. No public services such as police, fire or ambulance, are anticipated to be needed on-site for the event, whether for traffic control, on standby or for security at the site;

4. Adequate restroom facilities are readily available on the site for attendees at the event or activity;

5. Sales of alcohol will not be conducted as a part of the event;

6. Traffic, crowd or parking control is not needed to accommodate attendees; and

7. No vendors profiting separately from the overall event are within, a part of or associated with the event.

(h) Uses and events which are administered through §§ 93.20 through 93.26 of this code, by the County Sheriff’s office; and

(i) Auctions.

(2) Uses allowed. Any person may sponsor or conduct for profit or nonprofit purposes the temporary uses set forth below subject to the issuance of a temporary use permit, unless under express provisions of this section no such permit is required:

(a) Christmas tree sales;

(b) Farmers’ market;

(c) Festival, show, exhibit, circus, carnival, competition, outdoor dance, community fair, concert, television or film production or other activity of a similar nature;

(d) Fireworks stand;

(e) Produce stand;

(f) Motorized vehicle sales by a licensed dealer;

(g) Temporary construction or model home office; and

(h) Temporary retail sales.

(E) Procedure. An application for a temporary use permit shall be considered and processed as provided in this division (E).

(1) A complete application shall be submitted to the office of the Zoning Administrator in a form established by the Administrator along with any fee established by the county’s adopted fee schedule. The application shall include at least the following information:

(a) The name, address and telephone number of the applicant and the applicant’s agent, if any;

(b) The name and address of the applicant and the name and address of every person or company the applicant represents;

(d) The requested temporary use;

(e) The place, date, time of the event and hours of operation of the proposed use;

(f) A statement of the approximate number of persons, animals and/or vehicles which will participate in the event or be generated by the use and an explanation of how said number was derived such as number of presold tickets, available seating and/or parking and past experience with similar activities;

(g) The following maps, plans and documents evidencing sufficient measures to be taken to reasonably protect the health, safety and welfare of patrons and the public in general:

1. A scaled drawing of the area in which the event is to be held or the use conducted, showing the location of any existing structures and improvements on the site of the proposed temporary use, including, but not limited to, parking areas, curbs, gutters, sidewalks and outside storage areas; and

2. Sufficient evidence to demonstrate that the temporary use will meet the general and specific requirements of this section and this chapter.

(h) Other such items as reasonably requested by the Zoning Administrator to determine the feasibility of the temporary use.

(2) After the application is determined to be complete, the Zoning Administrator shall solicit recommendations, as applicable, from the local Fire Code Official, the Weber/Morgan County Health Department, County Engineer and County Sheriff. Thereafter the Zoning Administrator shall approve, approve with conditions or deny the application pursuant to the standards set forth in this section and this chapter. Any conditions of approval shall be limited to conditions needed to conform the temporary use permit to approval standards.

(3) After making a decision, the Zoning Administrator shall give the applicant written notice of the decision.

(4) A record of all temporary use permits shall be maintained in the office of the Zoning Administrator.

(F) Approval standards. The following standards shall apply to the issuance of a temporary use permit:

(1) A temporary use shall conform to:

(a) The development standards set forth in this section; and

(b) Any recommendations received from the local Fire Code Official, Weber/Morgan County Health Department, County Engineer and County Sheriff.

(2) No temporary use permit shall be issued unless the Zoning Administrator finds the proposed temporary use:

(a) Will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working within the vicinity, or injurious to property, improvements or the public in general;

(b) Will not substantially interrupt the safe and orderly movement of public transportation or other vehicular and pedestrian traffic in the area, nor block traffic lanes or hinder traffic during peak commuter hours on weekdays on any primary arterial street or principal commuter route designated by the county;

(d) Will not unduly interfere with the movement of police, fire, ambulance or other emergency vehicles on the streets, nor require the diversion of so great a number of police, fire or other essential public employees from their normal duties as to prevent reasonable police, fire or other public services protection to the remainder of the county;

(e) Will not conflict with nor be incompatible with the permitted uses and regulations of the zone within which the temporary use is located; and

(f) Is in compliance with regulations, conditions and licensing requirements of applicable provisions of this code.

(G) Appeal of decision. Any person adversely affected by a decision of the Zoning Administrator regarding a temporary use permit may appeal to the County Commission. In this case, the County Commission shall act as the appeal authority, in accordance with the provisions of this chapter. In cases where the County Commission makes the final decision on a temporary use permit, such as large events, the appeal shall be brought directly to district court, in accordance with state law.

(H) Effect of approval. Approval of a temporary use permit shall authorize an applicant to engage in the temporary use subject to any conditions of approval.

(I) Amendments. The procedure for amending any temporary use permit shall be the same as the original procedure set forth in this section.

(J) Revocation.

(1) A temporary use permit may be revoked when the Zoning Administrator or his or her designee determines that actions taken thereunder do not conform to plans, specifications or conditions of the permit; that the same was procured by false representation or was issued by mistake; or that any of the provisions of this chapter are being violated.

(2) Written notice of such revocation shall be served upon the owner, his or her agent or contractor, or upon any person employed at the site of the building or structure for which such permit was issued or shall be posted in a prominent location; and, thereafter, no such construction shall proceed.

(K) Expiration. A temporary use permit shall expire as provided in this section. Extensions of time shall be prohibited.

(L) Development standards; general provisions. The development standards set forth in this section shall apply to any temporary use.

(1) Accessory use. As determined by the Zoning Administrator, a temporary use shall be:

(a) An accessory use in the zone where the use is proposed to be located; or

(b) Compatible, in terms of character and intensity of use, with permitted or conditional uses allowed in such zone.

(2) Owner approval. The owner of the property where a temporary use is proposed shall provide a written statement authorizing the use.

(3) Access. Specific areas shall be designated for ingress and egress of vehicular traffic and for patron admission, ensuring the safety of patrons, the exclusion of persons not entitled to entry and the enforcement of state and local laws and ordinances. The adequacy of such areas shall be based upon the number of patrons reasonably expected to attend the temporary use.

(4) Insurance. When deemed necessary by the Zoning Administrator for public health and safety reasons, a temporary use permit applicant shall provide liability insurance for benefit of the county. Such insurance shall:

(a) Name the county as an insured;

(b) Hold the county harmless from any claim arising from personal injury or property damage resulting from the temporary use; and

(c) Provide that the insurance shall not be canceled prior to giving the county at least ten days’ written notice of such cancellation.

(5) Parking. Off-street parking associated with the principal permitted or conditional use on the lot or parcel where the temporary use is located shall be made available for the temporary use.

(6) Time limits. The annual duration of temporary use permits shall be as follows:

(a) Auctions, boutique and craft sales: 14 days (not more than four sales or auctions per year, which may add up to 14 days total);

(b) Fireworks stand, subject to all local and state laws: 30 days;

(d) Produce stand; farmers’ market: 180 days;

(e) Temporary construction or model home office: At any location and for the duration of construction activity as long as construction is diligently pursued;

(f) Festival, show, exhibit, circus, carnival, competition, outdoor dance, community fair, concert, television or film production or other enterprise of a similar nature: For the time period within which the use is operated. Vendors operating booths, displays, demonstrations or services as a part of these events will be considered permitted as a part of the permit for the entire event, but may necessitate independent business licensure, as required by the county’s business license official, pursuant to this code;

(g) Off-site motorized vehicle sales conducted by a licensed dealer on private property may be held for up to 21 days per occurrence with not more than three occurrences per year;

(h) The launching of fireworks displays may be conducted during times permissible under state law. Fireworks displays are subject to the approval and requirements of all appropriate fire agencies. The launching of fireworks displays may also be subject to locational restrictions of the county and all appropriate fire agencies;

(i) Temporary retail sales, in the form of tent or sidewalk sales events, may be conducted for up to three consecutive months or 30 days per occurrence with no more than three occurrences per year subject to the following:

1. The sale is contained within the property setbacks or parking areas with which it is associated and/or the sidewalk, exclusive of public rights-of-way, adjacent to the permanent business conducting the sale;

2. The sale provides adequate pedestrian mobility through all sidewalks and pedestrian walkways; and

3. The sale does not create safety hazards such as limited visibility or other nuisances that could potentially result in accidents or complaints such as access impairment or traffic or pedestrian impediments.

(j) A permanent business on a site may accommodate temporary retail sales not directly associated with the permanent business for up to 180 days per year subject to the following:

1. The sales operation is contained within the property setbacks or parking area of an operating, permanent business;

2. The sales operation is conducted with the property owner’s permission, including the availability of restroom use by the permanent business for employees and customers of the operation;

3. The sales operation is contained safely within the designated parking area;

4. The sales operation, including all stock and supplies, is completely contained within a temporary, portable structure or fence;

5. The sales operation does not prevent or inhibit pedestrian mobility through all sidewalks and pedestrian walkways; and

6. The sales operation does not create hazards such as limited visibility or other nuisances that could potentially result in accidents or complaints.

(7) Trash removal. All trash shall be removed and the temporary use site restored to its prior condition within seven days after the temporary use has been concluded.

(8) Inspections. Authorized law enforcement officers, zoning enforcement officers, fire control officers and other governmental personnel shall be permitted free access to the temporary use to make inspections to ensure compliance with the provisions of this section, this code and state and federal laws.

(9) Licenses. All requirements of this code regarding business and event licensing shall be adhered to and may require separate approvals.

(M) Additional development standards; large events. Large events shall conform to the development standards set forth in this section and this chapter. Temporary use permits for large events shall be approved by the County Commission, after receiving a recommendation from the county staff. Large events are temporary uses which are not covered and administered by §§ 93.20 through 93.26 of this code, and which demonstrate potential impacts based on the following criteria:

(1) Criteria. Criteria which define what is considered to be a large event:

(a) The number of anticipated vehicles per day is 100 or more;

(b) The hours of operation are proposed to be before 7:00 a.m. or after 10:00 p.m.;

(d) The proposed amount of acreage dedicated to the use is greater than ten acres; or

(e) The total duration of the event is greater than seven calendar days.

(2) Plans. The following plans must be submitted with the application for a large event temporary use permit.

(a) Site plan. The site plan shall depict the proposed layout of the entire property to be used for the large event. This site plan must include the exact address of the property, the name and address of the property owner and the name and 24-hour contact information of the contact person or coordinator. The site plan must clearly show all entrances, exits, roadways, walkways and parking, all sanitation facilities, medical and first aid stations, waste containers, food stands, vendor areas and all other activities associated with the event.

(b) Control plan. A plan shall be submitted and approved establishing adequate provisions for traffic, crowd and patron control and assurance of compliance with county, state and federal laws including, but not limited to, fire, health, security and Americans with Disability Act regulations.

(c) Sign plan. Applicants shall provide a plan showing the location of all signs to be placed in association with the event. The sign plan must include the total number of signs with the dimensions and size of each sign. All signs must meet the requirements of this code.

(d) Security plan. A security plan shall be submitted to and approved by the county establishing the number and type of enforcement and security personnel needed to monitor and facilitate the event and provide spectator or participant control and direction. The security plan must include a list of names and contact information for all security personnel and volunteers assisting with the event to ensure coverage and accountability on the day of the event.

(e) Parking plan. A parking plan shall be submitted to and approved by the county identifying areas for parking in a capacity to accommodate the reasonably expected attendance at the event. Parking areas shall meet all requirements and specifications of the Fire Department. If parking spaces are not marked, parking personnel must be provided to ensure orderly and safe ingress and egress from the parking area.

(f) Emergency services. First aid supplies, equipment and emergency medical services must be made available to meet public health and safety concerns and legal requirements.

(g) Sanitation facilities. Adequate sanitation facilities shall be provided based on the duration of the event and on the number of persons reasonably expected to participate.

(h) Trash removal. All trash shall be removed and the site restored to the condition the property was in prior to the event before the applicant or event sponsors leave the site. All trash must be disposed of properly and any equipment used returned to its designated location. It is the sole responsibility of the event organizers to provide appropriate means of trash disposal and site cleanup.

(i) Events on public property. With proper authorization from the County Commission large events may be held in public places or on county-owned property. Events on public property must end by 10:00 p.m. on any given day unless an extension of time is granted by the County Commission. A written request to the County Commission must be submitted with detailed information as to the need to extend the end time of an event. This approval must be completed before a large event temporary use permit is issued.

(j) Events on private property. Large event temporary use events are allowed on private property with the property owner’s written approval. Notification of the event taking place shall be issued to all adjacent property owners prior to the event. Large events on private property may not exceed hours of operation as dictated by the County Commission’s conditions of approval.

(k) Insurance. Applicants for large event temporary use permits must provide liability insurance to ensure the health and safety of the public. If the event will be held in whole or in part on any public property, including public rights-of-way, mandatory liability insurance with a minimum $1,000,000 coverage will be required prior to the issuance of a large event temporary use permit. The liability insurance must also name the county as an additional insured and hold the county harmless. Applications without the required insurance will not be accepted and the event will not be allowed to be held.

(l) Large events on vacant properties. Large events may be allowed on properties which are vacant or undeveloped following application for and issuance of a large event temporary use permit in compliance with the terms of this section and chapter.

(N) Relationship to other requirements. The terms of this section do not exempt or void the necessity of permits or approvals for a mass gathering permit from any entity such as the county’s Health Department, local political subdivisions, the state or any other agency or entity.

(O) Cash performance bond requirements.

(1) Firework stands. A cash performance deposit shall be posted with the county in the amount authorized by the county’s adopted fee schedule for the purposes guaranteeing removal of the stand immediately after expiration of the temporary use permit.

(2) Large events. A cash performance deposit, in the amount authorized by the county’s adopted fee schedule, shall be posted to guarantee cleanup and sanitation.

(3) Other temporary uses. As determined by the Zoning Administrator or County Commission, as applicable, a cash performance deposit to guarantee compliance with the conditions of approval and the standards of this section may be required. Minimum performance deposit amount is per the county’s adopted fee schedule.

(Prior Code, § 8-6-16) (Ord. 11-11, passed 9-20-2011)

§ 155.325 BONDING FOR IMPROVEMENTS.

(A) Requirements.

(1) Developers of any required on-site or off-site improvements in the county, including developments approved at conditional use permit, site plan review or subdivision approval, shall be required to enter into an improvement guarantee agreement with the county and to deposit the required improvement guarantee funds directly with the County Treasurer, prior to issuance of building or excavation permit, the recording of the subdivision, the issuance of a business license or other time as specified in the land use approval.

(2) The amount of the bond shall be the total of the reasonable construction costs of improvements plus 15%. Required improvements may include, but are not necessarily limited to, the following:

(a) Curb, gutter and drive approaches;

(b) Sidewalk;

(d) Median;

(e) Road base;

(f) Paving and striping;

(g) Fire hydrants;

(h) Water mains, appurtenances;

(i) Copper lateral;

(j) Flood control and irrigation systems;

(k) Any other required public or private improvements required by the land use authority;

(l) Streetlights;

(m) Landscaping and irrigation systems;

(n) Erosion control and revegetation; and

(o) Fencing.

(B) Amount specified in construction bid. In calculating the amount of the required financial guarantee, the County Engineer may, in his or her sole discretion, accept the amount specified in a construction bid as the reasonable cost of the improvements.

(C) Repair of damaged public improvements. The financial guarantee funds deposited pursuant to this division (C) shall also guarantee the repair or replacement of any public improvements damaged prior to the final acceptance for maintenance. The county shall notify the owner/developer or contractor of any such damage and shall require repair or replacement of the damaged public improvements within a reasonable time, but no later than 30 days, weather permitting. Upon the failure of the owner/developer or contractor to make the specified repairs, the county may take whatever legal action it deems appropriate, including utilization of the deposited financial guarantee funds, to secure the repairs.

(D) One-year extension. Fifteen percent of the bond amount for off-site public improvements shall extend for a one-year period beyond the date the improvements are completed, final inspection is made and they are accepted by the county to guarantee replacement of defective public improvements. Upon completion of the improvements, the owner/developer and/or contractor shall call for inspections of the improvements by the County Engineer.

(E) Specified sequence. If the County Engineer determines that the required improvements should be completed in a specified sequence and/or in less than a two-year period in order to protect the health, safety and welfare of the county or its residents from traffic, flood, drainage or other hazards, the County Engineer may require that the improvements be installed in a specified sequence and period which may be less than two years and shall incorporate such requirements in the improvement guarantee agreement.

(F) Type of improvement guarantee. Every improvement required by this section shall be guaranteed by an agreement approved by the County Attorney as to form. The only acceptable method of financial guarantee is funds deposited directly in the office of the County Treasurer. The improvement guarantee form shall include:

(1) Separate itemization of each type of improvement with the estimated cost thereof;

(2) A statement that no more than 80% of the face of estimated amount for any given improvement may be released prior to final acceptance and upon final acceptance. Fifteen percent of such amount will be held for one year after final inspection and acceptance for maintenance and available to the county in case of defective quality of work or materials;

(3) A statement that the developer certifies that he or she has or will notify all subcontractors working under him or her that the county may release no more than 80% of the bond as aforesaid prior to final acceptance; and

(4) A statement that before more than 60% of any item shall be released, there shall be filed with the County Engineer a statement that no materialman liens or mechanic liens exist with regard to the improvements related to any part of the bond.

(G) Duration, terms, second bond.

(1) Every improvement guarantee authorized by this section shall run to the benefit of the county and have an express term of at least one year from the date of approval for the land use application to which it applies. Further, such improvement guarantee shall contain language guaranteeing the performance of the developer and a provision for unconditional payment of the face amount of the bond within five days from any declaration of default or forfeiture.

(2) No partial release of any deposited financial guarantee funds shall be made prior to the final acceptance for maintenance of off-site improvements and said site plan. Immediately prior to final acceptance of the improvements required by the site plan.

(H) Default. In the event the developer is in default or fails or neglects to satisfactorily install the required utilities and improvements within two years from the date of approval of the land use application by the county, or other time as specified by condition of the land use permit issuance, the county may declare the deposited financial guarantee funds forfeited and the county may, in its sole discretion, install or cause the required improvements to be installed, using the deposited funds to defray the expense thereof and administrative overhead.

(Prior Code, § 8-6-17) (Ord. 10-16, passed 12-14-2010)

§ 155.326 UTILITIES.

(A) On unplatted property and lots outside of platted subdivisions, the following shall apply.

(1) No pipe, line for water, gas, sewage, drainage, steam or any other service customarily placed underground shall be installed, altered or replaced, upon any lot (outside of any building) above the surface of the ground, except for hoses, movable pipes used for irrigation or other purpose during construction.

(2) Electrical power and cable service may be extended overhead from existing power and cable sources adjacent to the property or lot for any new single-family residential use or remodel, or any new agricultural use, remodel or upgrade, as long as the extension does not cross an improved public street or road.

(3) The extension of electrical power or cable service across an improved public street or road shall be placed underground unless the County Engineer or designee determines that it is not practicable to do so. In determining practicability, objective findings shall be clearly documented that consider the unique circumstances of each case.

(B) Within a platted subdivision, all new utility lines shall be placed underground in designated easements. No pipe, conduit, cable, line for water, gas, sewage, drainage, steam, electricity or any other energy or service shall be installed, and no pole or other support structure therefor shall be erected, altered or replaced, upon any lot (outside of any building) above the surface of the ground, except for hoses, movable pipes used for irrigation or other purpose during construction.

(C) For large-scale electrical transmission projects, overhead utility lines may be allowed if approved through the conditional use process as provided in § 155.332 of this code.

(D) Transformers, substations, transmission, pump and/or related generator facilities shall be grouped with other utility meters where possible and screened or fenced in accordance with § 155.345 of this code.

(1) Gas meters and electric service meters and panels shall be located on the side of the building.

(2) Buildings greater than 120 square feet shall be reviewed for architectural compliance by the Zoning Administrator and shall present a color scheme which is earth toned in color so as to match the natural environment of the surrounding area. Lighting shall be focused and downward directional.

(3) The maximum height of any building is 20 feet, as measured to the bottom of the eave, except as specifically provided for in other sections of this chapter.

(E) Lot area, width, depth, frontage and coverage regulations for an electrical transmission substation; a natural gas pipeline regulation station; an unmanned telecommunications, microwave, fiber optics, electrical or other utility service regeneration, transformation or amplification facility; a community water system facility, storage tank or well house or governmentally operated essential service facilities shall be:

(1) All lots or parcels shall contain an area of sufficient size and dimension to safely accommodate the utility facility or use, any required landscaping and the required setback and yard regulations as specified in the applicable zoning ordinance regulating the property. Front yard depth requirements may be reduced to no less than ten feet if the following findings can be made. Typical setback is not necessary to:

(a) Maintain intersection safety sight distance;

(b) Maintain vehicle and pedestrian safety; and

(2) No frontage is required along a public right-of-way if clear and legal access exists from a public right-of-way to the site for the purpose of the utility use.

(F) Each contractor and owner/developer shall be responsible to know the whereabouts of all underground utilities. Protection of such utilities shall also be their responsibility. Prior to construction, contact must be made with “blue stakes” and other local public utilities to identify underground utility lines.

(G) This section does not require removal of any existing electrical transmission facilities and electrical distribution lines, nor does it restrict the repair, minor relocation and maintenance of any such existing facilities, except that the developer shall be responsible for the removing of utility poles out of the public right-of-way that may be left in the right-of-way after public improvements associated with the project are completed. All utility lines associated with the preexisting utility poles shall be placed underground.

(H) Aboveground utility boxes or other appurtenances are prohibited in designated snow storage easements.

(Prior Code, § 8-6-18) (Ord. 12-12, passed 12-4-2012) Penalty, see § 155.999

§ 155.327 STORAGE OF COMMERCIAL VEHICLES IN RESIDENTIAL ZONES.

No trucks, motor vehicles or commercial trailers which exceed the rated capacity of two tons shall be stored on the required front yard of any lot or parcel within any Residential Zone, nor shall any contracting and/or earthmoving equipment be stored or parked on any front yard setback of lot or parcel in a Residential Zone or within any public right-of-way.

(Prior Code, § 8-6-19) Penalty, see § 155.999

§ 155.328 EFFECT OF STREET PLAN.

Whenever a front or side yard is required for buildings abutting on a proposed street which has not been dedicated or constructed, but which has been designated by the Planning Commission as a future street on the official map, the depth of such front or side yards shall be measured from the nearest line of the planned street.

(Prior Code, § 8-6-20)

§ 155.329 SWIMMING POOLS.

(A) Setback. Swimming pools of permanent construction which are not enclosed within a building shall be set back at least five feet from all property lines.

(B) Fencing. Swimming pools, with or without covers, shall be completely surrounded by a fence or wall having a height of at least six feet. There shall be no openings larger than 36 square inches, except for gates which shall be equipped with self-closing and self-latching devices.

(Prior Code, § 8-6-21) (Ord. 18-08, passed 11-13-2018)

§ 155.330 UNKEMPT YARDS.

(A) Violations.

(1) It is a violation of this chapter to have any plants, grass or weeds growing uncultivated and out of control on certain property within the county which is visible from any public way, street, sidewalk or alley and is declared to be a public nuisance and may be abated in accordance with the procedure as set forth in this section or §§ 155.020 through 155.032 of this code. Applicable properties governed by this section shall be those properties which are any of the following: Yard or lot areas that have been improved for residential use; a recorded subdivision lot or portion deemed as the building envelope; pad or yard area; or dedicated or platted open space, whether native or improved.

(2) UNTENDED, RANK AND UNMANAGED GROWTH OF VEGETATION is defined as a plant with a seed head formed or forming and with a height of eight inches or more. This prohibition shall not apply to vegetation native to the state, such as sagebrush, native grasses and exclusive of trees and shrubs, as well as cultivated crops such as alfalfa and the like.

(B) Notice; abatement.

(1) Notice shall be by certified mail, in accordance with the code enforcement procedures outlined in §§ 155.020 through 155.032 of this code, except that period for correction shall be ten days after mailing said notice as a period of time to eliminate said violations.

(2) Upon failure of the owner or person in possession or control to act within the prescribed correction period, the county may perform the required action and assess cost against the property for collection in the same manner as property tax, as well as seeking additional fines as outlined in §§ 155.020 through 155.032 of this code.

(C) Exceptions. Properties which have been declared greenbelt shall be exempt from enforcement under this section, with the exception of those properties which have been dedicated as open space of an approved subdivision and are subject to maintenance provisions of a development agreement or similar.

(Prior Code, § 8-6-22) Penalty, see § 155.999

§ 155.331 STANDARDS FOR APPROVING STORAGE OR SALVAGE YARD.

(A) Intent and purpose. The intent and purpose of this section is to protect the community and neighboring properties from litter, vermin, a loss of property value or other ill effects of an unsightly or uncontained storage, junk or salvage yards.

(B) Applicability. The provisions of this section shall apply to industrial storage yards and automobile wrecking yards authorized by zoning sections.

(C) Conditions for granting permit. The Planning Commission may grant a permit for an automobile wrecking yard or an industrial storage yard, provided the following conditions are met:

(1) Such use is located in a zone in which the use is a conditionally permitted use;

(2) All industrial supplies, building materials, automobiles (except currently licensed vehicles of employees or visiting customers which are parked in the designated off-street parking lot provided as per § 155.369 of this code), parts and other items, whether functional or not, which are stored outside of a building, shall be surrounded by a well-maintained sight-obscuring fence;

(3) The sight-obscuring fence shall be constructed to a height of at least eight feet and must obscure all storage items from view from any adjacent public street and adjacent parcel of land;

(4) Any parts or materials which are light enough to blow in the wind shall be kept in an enclosed building; and

(5) Off-street parking shall be provided according to the standards of § 155.369 of this code, and landscaping shall be provided within the front setback area (except for portions used for parking) according to the standard of § 155.369 of this code.

(Prior Code, § 8-6-23)

§ 155.332 LARGE-SCALE UTILITY LINE INSTALLATION.

(A) Intent. The intent of this section is to allow the installation of major electric power, natural gas and water transmission lines, while meeting the responsibility to provide for the health, safety and general welfare of the public and protect the environment.

(B) Zones permitted. Large-scale utility line installations shall be permitted only in those zones where such are listed as a permitted conditional use, and permits granted only in compliance with this chapter and the regulations of this section.

(C) Plans and documents required. Before a permit can be issued for any construction connected with a large-scale utility line installation, the overall plans, together with documents pertaining to the development, must be submitted and approved as hereinafter set forth.

(1) Application and meeting with Community Development Director. Application forms to appear before the Planning Commission and County Commission for a large-scale utility line installation shall be obtained from the Community Development Director and must be properly completed to initiate the approval process. Prior to applying, the applicants should meet with the Community Development Director to become familiar with the approval process.

(2) Planning Commission review and recommendation. All applications and plans for a large-scale utility installation shall constitute an application for amendment to the General Plan of the county and submitted to the Planning Commission for its recommendations. The Planning Commission shall schedule and hold a public hearing on the proposal, publishing a notice in accordance with the requirements of this chapter and the state’s Open and Public Meetings Act, being UCA §§ 52-4-1 et seq., as applicable. After holding a hearing and reviewing the proposed plans, the Planning Commission shall recommend approval, disapproval or changes in the proposal, and the reasons therefor, to the County Commission.

(3) Conditional approval. After the receiving recommendation from the Planning Commission, the County Commission may approve the application and plan as submitted, may amend the plan and approve the application with such amendment, or reject the application, and may base its findings on the hearing, the recommendations of the Planning Commission or other facts it has gathered in its deliberative process.

(4) Conditional use permit and bond. Upon approval for the utility line installation, the County Commission may authorize the Community Development Director to issue a building permit to commence construction and to state the conditions that apply to such permit. Where public road cuts or considerable grading or other disruptive work will be involved in the construction of the line, the County Commission may require the installers to post a bond to guarantee the conditions of approval will be met. The bond shall be returned at the completion of work and upon meeting the conditions of approval.

(5) Reproducible drawing. The Community Development Director shall obtain a reproducible drawing of the location of the large-scale utility line from the applicant as part of the building permit process.

(6) Reclamation plan for private property. Where said utility line crosses private property, the conditional use permit shall require that a reclamation plan be filed with the County Recorder’s office, detailing specific reclamation work to be completed within one year of completion of the installation, estimated costs and bonding in favor of the property owner and/or county in an amount which is equivalent to 125% of the cost of the reclamation, as determined by a licensed reclamation contractor and approved by the County Engineer. The reclamation plan shall be in a form as approved by the county and shall provide a method by which private property owners may participate and specify particulars related solely to the reclamation of the property (i.e., removal of rocks, compaction of soil, planting types and timing, irrigation system treatment, fence repair, preferred access points to property and the like). Said property owners shall be mailed a certified copy of the reclamation plan, as approved by the county, specific to their property, and shall be afforded a 45-day time period upon which to submit reclamation plan amendments. Said amendments shall be added to the reclamation plan if not appealed to the Planning Commission by the applicant as unreasonable and or unrelated to the reclamation of the project. The Planning Commission shall have final determination on the content of the reclamation plan and any amendments to the plan shall be recorded as conditions of the conditional use permit.

(Prior Code, § 8-6-24)

§ 155.333 MAJOR CAMPGROUNDS FOR NONCOMMERCIAL USE.

The Planning Commission, in accordance with the provisions of this chapter, may approve a conditional use permit for a major campground for noncommercial use, along with appurtenant campsite facilities, provided the following provisions are met:

(A) Site plan. The Planning Commission has first received from the owner or agent of the owner of land in a qualifying zone a site plan (layout) of the campground and appurtenant facilities, plus a program of management, which plan and program are consistent with the requirements and standards of this and all other applicable sections of this chapter.

(B) Standards.

(1) The campground and appurtenant facilities shall be for the private, noncommercial use of individuals or nonprofit corporations, plus storage sheds and lodges with temporary group quarters.

(2) The campground shall be located in an A-20, MU-160 or F-1 Zone, and meet the minimum area requirements of the zone.

(3) The location and size of the campground shall be consistent with the major street plan and other elements of the adopted General Plan.

(4) The design of the campground (including the number of tent sites, recreation vehicle pads and parking spaces, the road and walkway system, the water system, the sewage disposal facility, the trash collection facilities, the fire protection facilities, the amount of open space and common area and the like) shall be adequate for the number of persons permitted to use the facility.

(a) One automobile parking space shall be provided for each tent site, recreation vehicle space or similar camp space. In group facilities, each five people shall be equivalent to one camp space in calculating the number of automobile parking spaces or other amenities.

(b) Roadways shall be a minimum of 12 feet in width and have no curve where the radius of the centerline is less than 45 feet.

(5) The campground has guaranteed vehicular access from a state or county road by a deeded easement or the equivalent, and the access road is adequate to handle emergency vehicles, as well as the anticipated traffic volume.

(6) Adequate water rights, water supply and distribution systems and sewage disposal systems are provided by the applicant which meet federal, state and any local health, county and Planning Commission standards.

(7) Solid waste (garbage) collection facilities and a program of disposal are provided by the applicant which meet federal, state and any local health, county and Planning Commission conditions.

(8) Because the campground or campsite facility is intended for camping as an incidental, recreational use, rather than for private cabins and primary dwellings, any one-family, two-family or multi-family dwelling shall comply with the normal width, area, frontage, yard and other requirements applicable to dwellings within the zone, in addition to the requirements for a zoning lot for a campground.

(9) The design and operation of the facilities are consistent with the intent of the zone and will not significantly decrease the quality of the environment of the surrounding area through the imposition of large volumes of traffic or produce levels of odor, noise, glare, light or similar conditions which are incompatible with the character of the area.

(10) Use of the campground shall not include the storage of vacant recreational vehicles after the occupants have returned home, nor the long-term use of campsites (over 90 days per calendar year).

(C) Bond. The Planning Commission may require a performance bond to be posted with the Community Development Director, in the amount recommended by the County Engineer or other reliable source chosen by the Board, as a condition of approval, sufficient to guarantee that the required access, garbage, water and sewage facilities will be provided.

(D) Zoning compliance permit. After construction but before occupancy and use of the campground and campsite facilities, the owner shall qualify for and obtain a zoning compliance permit from the Community Development Director.

(Prior Code, § 8-6-25)

§ 155.334 RECREATION VEHICLE COURTS AND COMMERCIAL CAMPGROUNDS.

(A) Intent and purpose. The intent and purpose of this section is to protect the safety and convenience of the users of recreation vehicle courts and commercial campgrounds, to reduce congestion in and around the court or campground facilities and to protect the safety and welfare of those occupying surrounding properties.

(B) Approval authority. The Planning Commission, in accordance with the provisions of this chapter, may approve a conditional use permit for a recreation vehicle court or commercial campground, provided the provisions stated in this section are met.

(C) Plans required. The applicant for a permit for a recreation vehicle court or commercial campground shall submit a drawn to scale site and construction plan containing the information called for in this division (C). The plan shall be at a scale of one inch equals 100 feet or larger, and shall include:

(1) The proposed layout of roads, recreation vehicle parking spaces (or campsites), automobile parking spaces, service buildings and management office;

(2) The location and size of existing and proposed water, sewer and electric power lines and facilities;

(3) The drainage features and slope of the land;

(4) A schematic drawing of a typical recreation vehicle parking pad (or campsite) with the appurtenant automobile parking spot and landscaped yard space; and

(5) A planting plan showing the areas to be landscaped, types of plants to be used, types of landscaping structures to be used and a legend showing the:

(a) Scale;

(b) Total number of acres in the development;

(d) Average number of recreation vehicle spaces (or campsites) per acre;

(e) Total number of off-street automobile parking spaces;

(f) Percentage of the total area to be hard-surfaced;

(g) Percentage of the total area to be in open space, exclusive of hard-surfaced areas and parking sites;

(h) Percentage of the total area to be developed as playground, recreation and other common facilities; and

(i) Any other data reasonably required by the Planning Commission.

(D) Standards and requirements.

(1) Recreation vehicle courts and commercial campgrounds shall be permitted only as specifically listed as permitted or conditionally permitted in a particular zone.

(2) All recreation vehicle courts and commercial campgrounds shall abut on and gain access from a hard-surfaced public street which meets the standards of the county for collector or arterial roads, except where the recreation vehicle court or commercial campground gains access from a central parking lot which in turn abuts on and gains access from a hard-surfaced public street.

(3) All roadways providing access to recreation vehicle spaces (or campsites) shall have a hard-surfaced width of at least ten feet for one-way roads and 20 feet for two-way roads, plus two feet of unobstructed shoulder on each side of the surface. Such roadways shall not exceed a grade of 8%, nor have a curve where the radius of the centerline is less than 45 feet.

(4) The roadway system shall provide convenient circulation through the recreation vehicle court and shall provide access to each recreation vehicle space (and campsite). No recreation vehicle space (or campsite) will be permitted direct access to a public street, road or highway other than by means of the recreation vehicle court (or campground) roadway system. No entrance or exit shall be located closer than 100 feet to the right-of-way line of any intersecting street.

(5) Each recreation vehicle space shall be hard-surfaced, ten feet or more in width, 40 feet or more in length and have adjacent thereto a standard automobile parking space and at least 800 square feet of landscaped yard space.

(6) All recreation vehicles and camping paraphernalia shall be set back at least 30 feet from any public street, and the setback space resulting therefrom shall be landscaped, except for permitted driveways.

(7) In addition to the recreation vehicles, campsites and a management office, the development may include nonprofit public recreation buildings which serve the occupants of the facility.

(8) All recreation vehicle courts and commercial campgrounds shall be served by a water supply and sewage facility that has been approved by the county’s Health Department as meeting its standards and the standards of §§ V-3 and II-7 of the Code of Camp, Trailer Court, Hotel, Motel and Resort Sanitation Regulations, adopted by the state’s Division of Health, or its successor regulation.

(9) Each recreation vehicle space (or campsite) shall be served by a hookup facility for water, sewage disposal and electrical power.

(10) Hydrants and other fire protection facilities, as well as the design of the development, shall meet the adopted Fire Codes administered by the County Fire Marshal.

(11) No recreation vehicle shall be allowed in the court (nor camp user in the campground) for more than 45 days in any calendar year. Besides the approved common facilities shown on the plan, only recreation vehicles and camp users (plus their automobiles) may occupy the facility; mobile homes, construction equipment, outdoor storage (other than licensed vehicles) and the like, are prohibited.

(E) Other licenses and permits required. A building permit is required before any construction is commenced on a recreational vehicle court or commercial campground, and, upon completion, a zoning compliance permit and current business license are required before such is operated. Failure of the owner and/or operator to construct and maintain the court in accordance with the terms of approval may result in the revocation of the building permit, zoning compliance permit and/or the business license.

(Prior Code, § 8-6-26) (Ord. 11-16, passed 12-6-2011) Penalty, see § 155.999

§ 155.335 LANDSCAPING.

(A) Purpose. The purposes of the landscaping requirements of this section are to enhance, conserve and stabilize property values by preventing wind and water erosion, creating an environment which discourages the accumulation of rubbish and litter and providing an attractive neighborhood. Further, where required, the landscaping is necessary to contribute to the relief of erosion, heat, noise and glare through the proper placement of trees and other vegetation. Landscaping plans are required for all development within Commercial Zones, two-family or multi-family dwelling development projects, for all institutional uses and all common areas within residential or condominium projects, in addition to types of development already specified by this chapter.

(B) Approved plan. Where landscaping is required, it shall be placed and maintained according to the plan approved by the land use authority as a prerequisite to further use of the lot, and consistent with the timing and phasing plan approved for the development.

(C) Nonconforming status. Landscaping shall be deemed a substantive rather than a procedural requirement, such that any use of property on the effective date hereof, which is nonconforming only as to landscaping, may be continued in the same manner as if the landscaping were conforming.

(D) Plot plan. Where landscaping is required, a landscaping plan, drawn to scale and stamped by a landscape architect, licensed in the state, shall be submitted as part of the application submittal requirements. The landscaping plan shall contain at least: The location and common and Latin names of all trees, shrubs and ground covers; the size in caliper, gallon or height, as applicable to the particular landscaping type; any nonvegetative landscape features; and all irrigation facilities.

(E) Coverage and screening.

(1) The minimum landscape coverage percentage for commercial and institutional development is 15% of the area of the lot or parcel, excluding any land dedicated for public right-of-way or required park strips street trees within the public right-of-way. Required landscape for residential projects shall be determined during subdivision or development approval.

(2) Coverage of the ground in required landscaped areas shall be at least 85% by plant materials and waterways, when viewed from above, so that impervious landscaping features such as walkways, rockscapes and statuary do not impair runoff. Where screening or buffering from surrounding properties is required to be in the form of landscaping, a minimum six foot tall or taller row of evergreen trees that are spaced to occlude vision shall constitute sufficient screening, unless a greater height is required by the land use authority to mitigate specific impacts of the development.

(3) Where landscaping is required in residential projects, at least 70% of the yard area surrounding the building, for a width at least equal to the minimum front, side and rear setback distances stated for the zone, shall be landscaped and maintained in landscaping. The landscaping shall be composed of irrigated lawn or other fire-resistive green plants. Any portion of the setback area that is not proposed to be covered by landscaping (the remaining 30% or less setback area) shall have a covering that is hard-surfaced, graveled or composed of other suitable material to prevent vegetative growth, and shall be maintained free of weeds, brush and flammable plants and materials. The plot plan shall show how these requirements will be met.

(F) Maintenance. Required landscaping shall be maintained in a clean, orderly and healthful condition. Such shall include proper irrigation, pruning, mowing, weed removal, pest control and replacement of dead plantings.

(Prior Code, § 8-6-27) (Ord. 10-16, passed 12-14-2010)

§ 155.336 WATER AND SEWER REQUIRE HEALTH DEPARTMENT APPROVAL.

No residence, campground, resort, commercial establishment or manned industrial plant shall be used or occupied, nor a permit issued therefor, until a potable water supply facility and sanitary sewage disposal facility have been installed with the approval of the county’s Health Department as meeting county standards. Further, before a building permit shall be issued, plans showing the proposed water and sewage facilities shall first be approved by said Health Department.

(Prior Code, § 8-6-28)

§ 155.337 POLLUTION PREVENTION.

Any use shall be prohibited which emits or discharges gases, fumes or other pollutants into the atmosphere in amounts which exceed the standards as prescribed by the state’s Air Conservation Board, the state’s Board of Health or such appropriate body as may be appointed by the County Commission. Any use shall also be prohibited which emits or discharges liquids or solid material onto the soil or water in amounts which result in pollutants entering any water or drainage system in amounts exceeding the standards prescribed by the state’s Committee on Water Pollution, or its successor agency.

(Prior Code, § 8-6-29)

§ 155.338 DRAINAGE.

Surface water shall not be allowed to drain onto adjacent lots, except for natural conditions where the activities of humans have not altered the flow and percolation of water.

(Prior Code, § 8-6-30)

§ 155.339 EXPOSED SLOPES TO BE LESS THAN CRITICAL ANGLE OF REPOSE.

No cut or fill shall result in a final slope that exceeds the critical angle of repose. Where grading work will produce temporary cuts and fills that exceed the angle of repose, a cash or surety bond in the amount set by resolution to cover the cost of reclamation, shall be posted by the property owner to guarantee reclamation and compliance with the provisions of this chapter and the nuisance provisions of Chapter 90 of this code. A violation of either provision shall be sufficient grounds for forfeiture of the entire bond to the county. If the bond is over the minimum amount per acre and the owner disputes the cost of reclamation set by the County Engineer, the County Commission may determine the cost and set the bond amount, upon written dispute by the owner. The bond shall be accompanied by an agreement that states the terms for rehabilitating the land and refunding of the bond.

(Prior Code, § 8-6-31) (Ord. 11-03, passed 3-1-2011)

§ 155.340 OPEN PIT EXTRACTION OF EARTH PRODUCTS.

(A) Intent and purpose. The intent and purpose of this section is to provide for the extraction of earth products using surface mining methods, for stockpiling mined materials and for the placement of overburden and leftover earth materials in mining waste dumps, while protecting the environment, the rights of neighboring property owners and roads and other public facilities from unusual wear or damage.

(B) Applicability; exception.

(1) The provisions of this section shall apply to all sites where sand, clay, topsoil, rocks or minerals will be extracted by an open pit method; to all sites where such extracted earth products are stockpiled; and to sites where overburden and leftover earth materials are placed in waste dumps.

(2) Sites having a valid, current permit at the time of passage hereof shall be completed according to the terms of such permit, and any bonding agreements appurtenant thereto. After April 1, 2007, the exception applies only to the portion of the site under permit at that date. Any expansion of pits, dumps, storage pits or operation areas beyond the existing permit is subject to all provisions of this section.

(C) Conditions. The Community Development Director shall issue a permit for an open pit, a stockpile or a waste dump only when all of the following are met, and all operations and rehabilitation shall comply with all of the following requirements:

(1) The site lies in a zone where such use is a permitted use or where it may be approved as a conditional use permit by the Planning Commission and has received such approval;

(2) The applicant has submitted an accurate site plan that shows the current topography, utilities, roads and structures on the site and an accurate site plan that shows the proposed utilities, roads and structures during operations;

(3) The applicant has presented an accurate final post reclamation site plan that shows the topography, utilities, roads and structures on the site after completing the excavation and rehabilitation of the pit;

(4) Only the portion of the parcel covered by the required rehabilitation bond may be disturbed or involved in the extraction process;

(5) The standards for rehabilitating the site shall be:

(a) The side walls of a pit or mound shall be smoothed and evenly contoured, and the floor of a pit or top of a mound shall be flattened and leveled;

(b) Mounds of fill shall not remain after rehabilitation of an extraction operation, even if utility poles must be relocated at the operator’s expense; mounds may only be permitted in conjunction with a mine waste dump;

(c) Impoundments, pits and ponds, which are not approved as part of a postmining land use and reclamation plan, shall be reclaimed, free draining and the natural drainage patterns restored;

(d) No slope shall be steeper than the critical angle of repose (e.g., 33 degrees for gravel deposits); and

(e) All disturbed areas shall be covered with not less than a one-inch-thick layer of topsoil, reseeded with a hardy plant species, and the hardy plant species shall be established with sufficient concentration of vegetation to screen at least 25% of the exposed surface from view. Exception: Disturbed areas located in the desert areas which naturally lack soil or vegetation shall be restored to a vegetation and soil surface that corresponds with the adjacent native conditions.

(6) The operator shall place clearly identifiable survey markers on the outer boundaries of the bonded area and shall maintain such until the bond is released by the county. The County Commission may request an annual on-site investigation and report of the County Engineer to determine whether the terms of the grading plan, rehabilitation plan and bond agreement are being met;

(7) Surface mining shall proceed in an orderly manner from the outer boundaries and lower slopes of the property inward and upward so the property can be rehabilitated in the older areas of the pit while new areas are being opened up;

(8) (a) Dust generated in the extraction and processing of the earth products shall be kept under control by the operator by paving main roads in the pit, wetting extraction area and loaded trucks, placing berms or landscape screening for protection from the prevailing winds and other suitable measures.

(b) Exception: The paving of the main roads of the pit may be waived by the Community Development Director if all portions of the pit extraction area are at least 6,000 feet from any dwelling or cultivated crops, and any unpaved access road to the pit from the paved road system is at least 500 feet from any dwelling or cultivated crops. To qualify for this exception, the road shall have dust control accomplished with a coating of 32% magnesium chloride treatment at a rate of one ton per 3,300 square feet, which coating shall be applied twice yearly. Further, water shall be added as needed so that the fugitive dust shall not exceed 20% opacity. If any of these qualifications are not met, as determined by tests performed by the Community Development Director, the County Business License Administrator, or the state’s Division of Air Quality, or their designees, the pit operator shall cease operations, the Community Development Director shall revoke the zoning compliance permit and the business license shall not be renewed until the road is paved.

(9) All cuts and fills shall be set back from the property boundary and from the boundary of the approved extraction site a distance of at least five feet; and

(10) The pit and/or extraction operation shall not constitute a nuisance according to §§ 155.020 through 155.032 of this code. Conditions specified in divisions (C)(2) through (C)(8) above, shall be deemed satisfied by submission of an approved operation and reclamation plan for mining operations as specified in the state code.

(D) Bond.

(1) A cash escrow in the amount as set by resolution, but not less than $2,500 per acre, in 2007, with an increase of $50 per annum for each year after 2007, shall be deposited with the county by the applicant to guarantee compliance with the provisions of this section. A violation of this section, or of the rehabilitation agreement, shall be sufficient grounds for forfeiture of the deposit to the county. If the deposited funds are over the minimum amount per acre and the owner disputes the cost of reclamation set by the County Engineer, the County Commission may determine the cost and set the escrow amount, upon written dispute by the owner.

(2) The maximum term of the bond shall be seven years, after which time the bond amount shall be reevaluated based on inflation, the current costs of rehabilitation and the amount of rehabilitation or excavation that has occurred during the elapsed time.

(3) Any bond shall be accompanied by an agreement between the county and the applicant (plus the property owner if the latter is not also the applicant) wherein the county agrees to return the bond at the completion of work if the standards of this section have been met, and the applicant and property owner agree that the bond shall be forfeited in the event of noncompliance and to permit the county to enter upon the land to close operations and rehabilitate the excavated or filled areas. Any ambiguity or deficiency in the wording of the bond agreement shall be interpreted to include the terms of this section.

(4) Rehabilitation of the site shall be completed on or before the earliest to occur of the following dates:

(a) Six months prior to the date of termination or expiration of the rehabilitation bond;

(b) One year after the date of cessation of operations;

(d) December 31 of any year in which a business license has not been issued by the county for such operations; and

(e) December 31 of any year in which a valid county zoning compliance permit is not in effect for the operation.

(5) Notwithstanding the forfeiture of the bond, the applicant and the property owner shall retain individual responsibility to fully comply with this section, the terms of the permits issued thereunder and the balance of any expense not covered by the bond to rehabilitate the property.

(6) The bond requirement under this division (D) may be satisfied by submission of a properly executed reclamation contract for surety under the mining operations requirements as found in the state code; provided, however, that if the proposed operation requires the issuance of a conditional use permit by the Planning Commission and the Planning Commission imposes a bond amount which is larger, or contains additional terms than that which is required by the state, then the applicant and property owner shall enter into a separate bonding agreement acceptable to the county for the additional bond amount (or full bond amount if the state bond is not used or does not contain the required terms), which bonding agreement shall contain all the terms required by the Planning Commission.

(E) Permits.

(1) In addition to the business licenses and building (or grading) permits required elsewhere in county ordinances, any open pit operation shall be required to have a current zoning compliance permit.

(2) No zoning compliance permit for an open pit operation shall have a period of validity past December 31 of each calendar year, but the permit shall be automatically renewed if the pit is found to be in compliance with the standards of this section.

(3) The Community Development Director, with the advice of the County Engineer, shall determine if such compliance exists.

(Prior Code, § 8-6-32) (Ord. 11-03, passed 3-1-2011) Penalty, see § 155.999

§ 155.341 ACCESSORY DWELLING UNITS (ADUS).

(A) Purpose. This section is established to provide regulations and design standards for internal accessory dwelling units, within single-family dwellings in Residential Zones.

(B) Occupancy requirements.

(1) Occupancy of the accessory dwelling unit shall meet the requirements of federal definitions for family; specifically, any number of blood related family members, or up to five unrelated people.

(2) For the purposes of the definition of FAMILY, the term shall mean spouse, parent, child, stepchild, grandparent, brother, sister, uncle, aunt, nephew, niece, first cousins, great grandparents, great grandchild. This term does not include other, more distant relationships.

(3) The accessory dwelling unit may be rented to a second or separate family as defined above from the main structure.

(1) Approval for an internal accessory dwelling unit may be granted by the Zoning Administrator, upon submittal of a land use permit application, which meets the requirements of this chapter. The granting of approval for an internal accessory dwelling unit shall not exempt the applicant from meeting other applicable ordinances, covenants, codes or laws recognized by the county.

(2) The property owner shall occupy the dwelling, except for bona fide temporary absences.

(3) An internal accessory dwelling unit is not allowed to be attached to or within a mobile home.

(4) The applicant shall record a notice regarding the approval for the internal accessory dwelling unit with the County Recorder’s office, on a form approved by the Zoning Administrator, including any required conditions of approval to guarantee compliance with the approval. The applicant shall provide to the Zoning Administrator a copy of the recorded document prior to the commencement of the use of the internal accessory dwelling unit or the issuance of any required building permit for the conversion.

(5) A floor plan of one-fourth inch equals one foot (¼” = 1'), showing the floor in which the internal accessory dwelling unit will be located within the existing single-family dwelling shall be provided.

(6) Only one internal accessory dwelling unit shall be created within a single-family dwelling and the apartment shall be a subordinate part of the dwelling.

(7) The owners of the residence shall live in the dwelling in which the apartment was created, except for bona fide temporary absences.

(8) The internal accessory dwelling unit shall be designed so that the appearance of the building remains that of a single-family dwelling, including the retention and enhancement of landscaping.

(9) It shall be prohibited to install separate utility meters for the internal accessory dwelling unit.

(10) The design and size of the apartment shall conform to all applicable standards in the Fire, Building and Health Codes. The applicant shall obtain all necessary building permits prior to construction of the internal accessory dwelling unit.

(11) At least three off-street parking spaces shall be available for use by the owner/occupants of the dwelling and internal accessory dwelling unit. All parking shall be upon hard surface (concrete, asphalt, brick, rolled and compacted road base and the like). Tandem parking spaces are not to be counted for the purpose of determining parking space conformance.

(12) The internal accessory dwelling unit shall be designed so that, the appearance of the building remains that of a single-family dwelling, including prohibition of separate utility meters, separate addresses and mailboxes and the like. Additional entrances, when constructed, shall be located on the side or in the rear of the building.

(13) The design and size of the internal accessory dwelling unit shall conform to all applicable standards in the Fire, Building and Health Codes. The applicant shall obtain all necessary building permits prior to construction of the internal accessory dwelling unit.

(D) Detached accessory dwelling units.

(1) Detached accessory dwelling units shall be required to go through a modified land use approval process that shall be approved by the Zoning Administrator.

(a) Site plan submittal requirements for land use approval shall include the following:

1. Engineered or architecturally designed drawings of the accessory dwelling unit with dimensions of all setbacks, building size, calculations of total lot coverage, floor plan, and location of required parking spaces.

2. Building elevations with proposed materials and building height.

3. Geohazards report generated in accordance with § 155.220 (Article I Geohazards).

(2) Detached accessory dwelling units shall be allowed in the following situations:

(a) On lots that meet setbacks and lot coverage requirements;

(b) On lots that are part of a PC-zone district overlay and were included in the list of allowed uses; or

(d) Only one ADU (attached or detached) shall be permitted.

(3) The accessory dwelling unit shall comply with all setbacks and height requirements of the main structure.

(4) The area of the ADU and the area of the main structure shall not exceed the maximum lot coverage allowance.

(5) The property owner shall occupy one of the structures.

(6) The ADU shall not be used as a short-term rental.

(7) The ADU structure shall be designed architecturally to match the style and design of the main structure including exterior materials, color, and roof pitch.

(8) The minimum size of an ADU shall be 400 square feet. The maximum size of an ADU shall be 75% of the gross square footage of the primary structure.

(9) Parking shall be provided on the lot for both dwelling units according to residential parking standards found in § 155.369 Number of Spaces Required. Separate parking slabs shall not be permitted. Parking for both dwellings should be along the same side of the main structure, or in the back to minimize the view of vehicles.

(10) Both the main dwelling unit and the accessory dwelling will share the same address. The property shall not receive double addresses. However, each unit may receive a letter for separation purposes.

(11) Neither unit shall be sold separately from the other. While there may be two units (main and accessory) they shall be sold together as there is one sellable lot/parcel.

(12) Accessory dwelling units - tiny homes. Tiny homes that are acknowledged by HUD as manufactured homes and constructed to the International Building Code may be used as an accessory dwelling unit. However, the owner is required to prove that the tiny home meets these requirements. Otherwise, it shall be considered a recreation vehicle for the purposes of this code and will not be allowed to be used for ADU purposes.

(a) Those tiny homes that are deemed compatible with the above requirement shall be permanently attached to a concrete foundation.

(b) The tiny home shall be permanently attached to and approved for all required utilities.

(d) All manufactured home running gear, tongues, axles, and wheels must be removed at the time of installation.

(e) The dwelling shall comply with division (7) above.

(13) Home occupations. The property owner, or occupant of the main dwelling unit (if the property owner is occupying the ADU) shall be permitted to run a home occupation according to the standards defined within § 155.323 of the MCC.

(14) Violations of this section shall result in enforcement procedures as required in § 155.999. The following conditions shall constitute a violation:

(a) Construction or placement of a tiny/manufactured home on a property as an accessory dwelling unit without receiving land use approval and all required permits.

(b) Changing materials or design from approved design.

(c) Except for any legally conforming structure, any existing detached accessory dwelling unit that was constructed prior to adoption of this section shall be considered a violation if the property owner does not apply within six months to bring the ADU into compliance.

(Prior Code, § 8-6-33) (Ord. 10-17, passed 12-14-2010; Ord. 21-09, passed 7-6-2021; Ord. 23-21, passed 12-19-2023)

§ 155.342 CONSTRUCTION SUBJECT TO GEOLOGIC OR FLOOD HAZARDS.

(A) Report required. Whenever development or construction is or may be subject to geologic or flood hazard, the Planning Commission and/or County Engineer may require the applicant to submit a geologic and soils survey report prepared by a qualified professional team.

(B) Special conditions. When such report indicates a lot to be subject to unusual, potential or actual geologic hazards, the applicant shall meet the special conditions required by the Planning Commission and/or County Engineer or other designated party to reduce or eliminate such hazard, or if such conditions cannot be met or will not be met, the application for a building or conditional use permit shall be denied.

(Prior Code, § 8-6-34)

§ 155.343 STANDARDS FOR CHURCH AND INSTITUTIONAL DEVELOPMENT IN ALL ZONES.

(A) Parcel size. No minimum parcel size is required, however, the parcel chosen for a church must be adequate to meet all of the development standards to be listed in this section, which include, but are not limited to setbacks, landscaping, parking, improvements and dedications.

(B) Building setbacks.

(1) Commercial Zone.

(a) Front. Thirty feet from property line. (If project fronts on more than one street, setback applies to all street frontages.)

(b) Side and rear. Minimum ten feet , unless located adjacent to a Residential Zone. In this case, the minimum setback to buildings must be 30 feet.

(2) Residential Zone.

(a) Front. Thirty feet from front property line. (If project is on a corner lot, setbacks are 30 feet on one street and 20 feet on the other.)

(b) Side and rear. Follow setbacks required according to the zone the property is in. A greater setback may be needed as may be deemed necessary by the Planning Commission for larger structures.

(C) Building height. Maximum building height shall follow zoning that the project is in. Thirty-five feet is the maximum in a Residential Zone or in any zone adjacent to a Residential Zone (not including chimneys, steeples and the like).

(D) Landscaping setbacks.

(1) Front. Thirty feet minimum from property line. (If on corner lot in a Residential Zone, 20 feet on shorter setback side.)

(2) Sides and rear. Five feet minimum.

(3) Landscaping in the front areas shall also include the following:

(a) Landscaping within the five-foot park strip adjacent to the curb, including grass and street trees (minimum two-inch caliper and spaced 30 feet on center); and

(b) All front landscaping shall be bermed with 24-inch to 36-inch-high random mounding as may be deemed appropriate by the Planning Commission.

(4) Landscaping shall also be required within the parking lot itself where large expanses of asphalt occur. There shall be one ten-foot-wide planter within the parking lot area where over 125 linear feet of asphalt occurs.

(E) Fencing. As a general rule, fencing shall be constructed of materials compatible with the principal buildings or architectural character of the surrounding neighborhood and be in accordance with § 155.345 of this code.

(F) Parking.

(1) All parking for church facilities shall be on-site. No parking is allowed on the street.

(2) Number of parking spaces required shall be one space for every four fixed seats, or as may be needed for the type of facility planned.

(3) Size of parking spaces is to be nine feet wide by 20 feet long. Driveways between parking spaces shall be a minimum of 24 feet wide.

(4) No parking is permitted within the front landscape setback.

(G) Trash enclosures and accessory buildings.

(1) All trash bins shall be surrounded with six-foot-high enclosures (non-chain-link) with opaque gates. Enclosures may be combined with accessory structures or maintenance buildings. The setback of such structures shall be at least the same as front landscape setback, but in no case shall trash enclosure be adjacent to a residential lot line.

(2) Maintenance buildings shall be built of the same materials as the main building (siding and roofing) so as to blend in with the entire project. Setbacks shall be set forth as those for accessory structures in the particular zone where the church is being constructed. At no time shall said building be allowed in a required front setback.

(H) Lighting. All lighting for church buildings, parking lots and accessory uses, if applicable, shall be downlit and not cause any adverse impact on adjacent residential areas.

(I) Auxiliary uses.

(1) Auxiliary uses such as parks, ball diamonds, pavilions and the like, shall not count towards landscaping on the church site, but shall stand alone and be considered as a separate site and subject to a separate conditional use approval.

(2) Any such auxiliary uses are subject to, but not limited to, the standards of this section (if applicable).

(J) Planning Commission conditions. In addition to those standards cited above, the Planning Commission, upon review of a conditional use, may impose additional reasonable conditions which they feel are necessary to protect the health, safety and general welfare of the surrounding area.

(K) Procedure for approval.

(1) Church facilities are conditional uses in all zones within the county and as such require Planning Commission approval.

(2) Upon receiving a conditional use approval from the Planning Commission, all church projects will proceed through the site plan review process with staff.

(Prior Code, § 8-6-35) (Ord. 12-05, passed 6-5-2012)

§ 155.344 COUNTY FAIRGROUNDS USE PERMITS.

The county fairgrounds provides a unique site for events which are considered beneficial to the health, welfare, property values and entertainment of the citizens of the county. The following standards shall be applied to all uses of the county fairgrounds.

(A) Approval required. All special events, temporary or permanent uses are considered permitted county fairgrounds uses and shall only require approval from the County Commission. No public hearings are required to establish a county fairgrounds use. Approval may take the form of a lease agreement, approved budget request, special event approval or other mechanism allowed by law.

(B) Temporary uses and special events. Temporary uses and special events are considered county fairgrounds uses and shall only require approval from the County Commission. Approved special events and temporary uses should be in accord with any adopted county policy for fairgrounds’ arenas and facilities.

(C) Permanent events, uses and facilities. Permanent events, uses and facilities are considered county fairgrounds uses and may be approved through negotiation of a lease agreement with the County Commission, as determined necessary by the Commission. The adopted county fairground master plan should be used as a guide by the County Commission during lease and approval negotiations.

(Prior Code, § 8-6-36) (Ord. 11-10, passed 6-21-2011)

§ 155.345 FENCE, WALL AND SCREENING REGULATIONS.

(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

FENCE or WALL. Any structure or device used for confinement, prevention of intrusion, boundary identification or screening of an activity.

HEIGHT OF WALLS AND FENCES. Fence heights shall be measured from the top of the fence to the level of the ground on the inside of the fence.

OPEN STYLE FENCE. A fence that is at least 75% open and which does not create a visual hazard for pedestrians and drivers.

SCREENING DEVICE. A specific application of a wall or fence to conceal areas used for refuse, mechanical equipment, utilities, parking, multi-family residential developments and commercial and industrial activities from adjacent Residential Districts or from street views.

SIGHT-OBSCURING FENCE. An opaque fence providing a complete visual barrier to persons outside the perimeter of the sight-obscuring fence. A slatted chain-link fence shall not be considered a SIGHT-OBSCURING FENCE.

(B) Provisions constitute minimum requirements. In interpreting and applying the provisions of this section, the requirements contained in this section are declared to be the minimum requirements.

(1) Side yards and rear yards. In any required side or rear yard on lots, the height of fences shall not exceed six feet in height.

(2) Front yards. Fences in required front yards shall be allowed; provided, that solid type fences shall not exceed three feet in height, and a fence 75% open, shall not exceed four feet in height.

(3) Corner or double frontage lots. In addition to the other provisions contained in this section, fences located on corner or double frontage lots shall be subject to the following provisions.

(a) Any fence, wall and/or hedge on the front yard setback shall not exceed three feet in height if opaque construction, or four feet in height if open construction as defined in division (C)(2) above.

(b) In the side yard setback which fronts on a street, height up to six feet shall be allowed beyond 40 feet from the intersection measured from the intersection of extended curb lines. Height within the 40-foot area shall conform to the requirements of a front yard setback.

(4) Lots with slopes. A fence may be built upon a slope greater than 15%; provided, that the following conditions are met:

(a) Fences shall be located only upon areas constituting usable land unless otherwise approved by the Planning Department.

(b) The fence shall be built in accordance with this subchapter and comply with all restrictions imposed by setbacks and the like, as defined in this chapter.

(5) Subdivision perimeter fencing.

(a) Where the street is considered a collector roadway where no driveways have ingress or egress, and where the lots adjacent to this roadway are double frontage lots, then fences along the collector or rear yard may have a 6-foot privacy fence at the property line.

(b) On corner lots the vision clearance triangle shall still be required.

(c) On corner lots that are affected by the above two divisions (C)(5)(a) and (b), these lots are also allowed to have the side yard fence be a 6-foot privacy fence along the property line up to the front yard setback line.

(D) Recreational facility fencing. A fence enclosing a recreational facility (whether public or private), such as a tennis court, sports court, swimming pool and the like, may be allowed up to ten feet, as long as it is not sight-obscuring, is located at least five feet from the property line, and is not within the minimum front yard setback area. A fence which is greater than ten feet in height and/or closer than five feet to a property line may be permitted with a conditional use permit. All fences in excess of six feet in height require a building permit before construction.

(E) Fences in commercial, industrial, institutional and multiple-family developments. For all commercial, industrial, institutional and multiple-family developments, the following shall apply to any lot or parcel:

(1) A wall or fence shall be a maximum of six feet in height, with the exception that any wall or solid fence located within 20 feet of a public street shall be a maximum of three feet in height, and any fence 75% or more open, located within 20 feet of a public street, shall be a minimum of four feet in height;

(2) Any outdoor storage area shall be screened from view by a minimum six-foot-high wall or a solid barrier, sight-obscuring fence constructed of or finished with materials to match or complement the main building material on-site;

(3) A solid, sight-obscuring fence or wall of masonry, wood, vinyl or similar material shall be constructed along property lines which adjoin an area which is primarily residential. Such wall or fence shall be a minimum of six feet in height, except that the first 20 feet from the street property line shall be stepped down to three feet in height. The fence or wall shall be constructed of materials compatible with the principal buildings or architectural character of the surrounding neighborhood; and

(4) Transformers, substations, transmission, pump and/or related generator facilities shall be fenced or screened with a sight-obscuring fence or wall constructed of materials compatible with the principal buildings or architectural character of the surrounding neighborhood if located within a commercial or residential area or if located in an industrial, agricultural or open space area fenced for security purposes with a minimum of an open style fence. All such fences or walls shall be a minimum of six feet in height.

(F) Vacant lots.

(1) For the purpose of this section, it shall be presumed that a vacant lot shall contain a minimum front, side and rear yard that are otherwise required by ordinance.

(2) In any required side and rear yard on vacant lots, the maximum height of fences or other similar structures shall be six feet.

(G) Retaining walls. Where a retaining wall protects a cut below or a fill above the natural grade and is located on the line separating lots or properties, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed.

(H) Exceptions. The provisions of this section shall not apply to certain other fences such as tennis court backstops or patio enclosures in the front, side or rear yards, if approved by the Planning Commission, if in its opinion they do not create a hazard or violation of other ordinances.

(Prior Code, § 8-6-37) (Ord. 12-05, passed 6-5-2012; Ord. 24-17, passed 8-6-2024)

§ 155.346 REMOVAL OF DIRT AND DEBRIS.

When constructing or installing any subdivision or site development improvements, buildings or structure, the developer and contractors shall be required to keep all paved streets, sidewalks and gutters free from any debris, trash, mud or dirt from the project or construction site.

(Prior Code, § 8-6-38) (Ord. 10-16, passed 12-14-2010)

§ 155.347 CHILD DAYCARE CENTERS.

(A) Intent and purpose. The purpose of this section, and any rules, regulations, standards and specifications hereafter adopted pursuant hereto or in conjunction herewith are:

(1) To protect the health, safety, and general welfare of the public, neighborhoods and patrons by providing procedures and standards for the review of child daycare centers; and

(2) To provide a process of approval for child daycare centers that give the county general oversight and assurance of the adherence of all local, state and federal laws at the initiation of such use.

(B) Permitted uses. When a child daycare center is proposed in a zone where it is listed as a permitted use, the following standards shall apply.

(1) Application requirements. A land use permit application shall be submitted to the Planning and Development Services Department for review. The application shall be submitted with the following requirements:

(a) A site plan showing the proposed/existing building, lot boundaries, parking, loading and unloading areas, outdoor play areas and access to a public street or dedicated private street;

(b) The application shall identify other uses of the lot, including uses of all main buildings, accessory buildings and yard area; and

(c) The application shall be accompanied with a letter from the local fire official indicating that the building complies with all relevant local, state and federal Fire Codes.

(2) Parking. Proposed or existing parking shall be delineated on the site plan sufficient to satisfy the requirements of § 155.369 of this code. All proposed parking shall be installed prior to the commencement of business.

(3) Loading and unloading. Loading and unloading of children from vehicles shall only be permitted on the property in an approved parking area.

(4) Outdoor play areas. Outdoor play areas of a daycare center shall be enclosed with a fence which shall be built and maintained with a minimum height of four feet. A six-foot-high solid fence shall be built and maintained along play areas that are adjacent to property in a residential zoning district. Fencing shall comply with § 155.345 of this code.

(5) Signs. All proposed signage shall comply with the process and regulations of § 155.368 of this code.

(6) State license required. An establishment to be used for child daycare activities shall be licensed or registered by the state’s Department of Health and shall provide documentation of such with the application. Such establishment shall meet all minimum standards promulgated by the Department of Health.

(7) Process. The Zoning Administrator shall review the land use permit for compliance with the standards listed in this section and elsewhere in this chapter. The application shall be routed to the Building Official who shall ensure that the building housing the childcare center complies with relevant local, state and federal Building Codes. Upon finding that it meets all applicable requirements, the Zoning Administrator shall approve the land use permit, or approve it with conditions relevant to the mitigation of harmful impact of the use. Applications that do not demonstrate compliance with applicable requirements, or uses which harmful impact cannot be mitigated, shall be denied by the Zoning Administrator. All final decisions shall be issued to the applicant in writing. For child daycare centers proposed in new commercial development, the new development shall first be reviewed and approved in compliance with processes and standards of §§ 155.045 through 155.048 of this code, and other applicable regulations.

(C) Conditional uses. When a child daycare center is proposed in a zone where it is listed as a conditional use, the following standards shall apply.

(1) Application requirements. A conditional use permit application shall be submitted to the Planning and Development Services Department for review in compliance with § 155.366 of this code. A site plan shall be submitted with the application showing the proposed/existing building, lot boundaries, parking, loading and unloading areas, outdoor play areas and access to a public street or dedicated private street. The application shall also identify other uses of the lot, including uses of all main buildings, accessory buildings and yard area.

(2) Standards. All standards required of a permitted use permit as listed in division (B) above shall be applied to conditional use permits for child daycare centers, as well as those requirements listed in §§ 155.323 and 155.366 of this code.

(3) Process. The permitting process for a conditional use permit for a child daycare center shall comply with the conditional use permitting process of § 155.366 of this code. The conditional use permit shall first be reviewed by the Zoning Administrator and Building Official for compliance with applicable regulations, who shall forward a staff recommendation for the conditional use permit to the Planning Commission. For child daycare centers proposed in new commercial development, the new development shall first be reviewed and approved in compliance with processes and standards of §§ 155.045 through 155.048 of this code and other applicable regulations.

(Prior Code, § 8-6-39) (Ord. 12-01, passed 3-6-2012)

§ 155.348 COMMERCIAL RECREATION USE REGULATIONS.

(A) Purpose. The purpose of this section is to accommodate certain commercial activities which are recreational in nature and are permitted or conditional permitted in any zone. This section sets forth procedures for considering and approving a commercial recreation use permit. The character of such recreational activities may require proper conditions to protect the health, safety and welfare of the public in general. The provisions of this section shall only apply to the commercial recreation uses permitted or conditionally permitted in the zone where the recreational activity shall occur. Commercial recreation uses not specifically identified in the applicable zoning use tables are not allowed. The requirements of this section shall not be construed to prohibit or limit other applicable provisions of this chapter, this code and other laws. This subchapter shall not apply to recreational activities lawfully conducted by a government agency.

(B) Approval authority. The Zoning Administrator shall be the approval authority for commercial recreation use permits, listed as a “P1” in the use table, as provided in this section. The Planning Commission shall be the approval authority for commercial recreation use permits, listed as a “P2” in the use table, as provided in this section. The County Commission shall be the approval authority for commercial recreation use permits, listed as a “P3” in the use table, as provided in this section.

(C) Initiation. Any person may apply for a commercial recreation use permit as provided in this section, subject to compliance with the provisions of this section and this chapter.

(D) Commercial recreation use permit required. Unless exempt under the provisions of this section, no person shall conduct any commercial recreation use without obtaining a commercial recreation use permit by submitting a complete application, including payment of all fees and issued pursuant to the requirements of this section and this chapter.

(1) Exemptions.

(a) All private recreation and/or activities conducted on private property and established for the private enjoyment of the owner shall be exempt from the provisions of this section.

(b) Recreation uses, activities and/or events which are temporary in nature and are conducted as part of approved county fairgrounds uses, or require rental or reservation of a county park or other permissible county facilities or are within a structure or on a site for which the structure or site were specifically designed, including, but not limited to:

2. On-site school programs or activities for the attendance of students, relatives and guests which are not of a money-raising nature.

(c) Recreational uses, activities and/or events which are administered through §§ 93.20 through 93.26 of this code by the County Sheriff’s office.

(d) For recreational uses, activities and/or events covered by a conditional use or temporary use permit, a commercial recreation use permit shall be incorporated within such conditional use or temporary use permit and need not be a separate application, provided the requirements of this subchapter are met.

(2) Uses allowed. Any person may sponsor or conduct for profit purposes the recreational uses set forth in the applicable use table for the zone for which the recreational use will take place subject to the issuance of a commercial recreation use permit, unless under express provisions of this section no such permit is required.

(E) General criteria. Commercial recreation uses or activities shall fully comply with all of the following general criteria:

(1) The recreational use or activity is completely contained on private property or in conjunction with public property for which the property owner or governing agency has given permission for the recreational use or activity;

(2) No excavation, improvements or modifications such as cutting, clearing, grading and other earthmoving operations that may threaten the surrounding soil, slope, vegetation and the existing natural drainage of the site or a part of it, shall take place without first obtaining the appropriate permits from the applicable federal, state and local government agencies;

(3) No public services such as police, fire or ambulance, are anticipated to be needed on-site for the recreational use or activity, whether for traffic control, on standby or for security at the site;

(4) The recreational uses or activity are considered to have little or no impact on public health, safety and general welfare; and

(5) Traffic, crowd or parking control is not needed to accommodate the recreational use or activity.

(F) Review procedure. An application for a commercial recreation use permit shall be considered and processed as provided in this division (F).

(1) A complete application shall be submitted to the office of the Zoning Administrator in a form established by the administrator along with any fee established by the county’s adopted fee schedule. The application shall include at least the following information:

(a) The name, address and telephone number of the applicant and the applicant’s agent, if any;

(b) The requested commercial recreational use and/or activity; and

(c) A sketch plan and/or a narrative identifying the measures to be taken to reasonably protect the health, safety and welfare of the public in general, including sufficient evidence to demonstrate that the recreational use will meet the general and specific requirements of this section and this chapter.

(2) After the application is determined to be complete, the Zoning Administrator may solicit recommendations, if deemed necessary, from the applicable county review agencies. Thereafter, the approval authority shall approve, approve with conditions or deny the application pursuant to the standards set forth in this section and this chapter. Any conditions of approval shall be limited to conditions needed to conform the commercial recreation use permit to approval standards.

(3) After making a decision, the Zoning Administrator shall give the applicant written notice of the decision.

(4) A record of all commercial recreation use permits shall be maintained in the office of the Zoning Administrator.

(G) Approval standards. The following standards shall apply to the issuance of a commercial recreation use permit:

(1) A commercial recreation use shall conform to:

(a) The general criteria set forth in this section; and

(b) Any recommendations received from the applicable county review agencies.

(2) No commercial recreation use permit shall be issued unless the approval authority finds the proposed commercial recreation use:

(b) Will not substantially interrupt the safe and orderly movement of public transportation or other vehicular and pedestrian traffic in the area;

(c) Will not conflict with nor be incompatible with the permitted uses and regulations of the zone within which the commercial recreation use is located; and

(d) Is in compliance with regulations, conditions and licensing requirements of applicable provisions of this code.

(H) Effect of approval. Approval of a commercial recreation use permit shall authorize an applicant to engage in the commercial recreation use subject to any conditions of approval.

(I) Amendments. The procedure for amending any commercial recreation use permit shall be the same as the original procedure set forth in this section.

(J) Revocation.

(1) A commercial recreation use permit may be revoked when the approval authority, or their designee, determines that actions taken hereunder do not conform to plans, specifications or conditions of the permit; that the same was procured by false representation or was issued by mistake; or that any of the provisions of this chapter are being violated.

(2) Written notice of such revocation shall be served upon the property owner, company and/or his or her agent; and, thereafter, no such activity shall proceed.

(K) Expiration. A commercial recreation use permit shall remain in effect and shall be renewed annually as part of any required business license and as regulated by Chapter 110 of this code by the County Clerk’s office. In the event the business license is not renewed in conformance with the provisions of this code, the commercial recreation permit shall become void and the applicant shall formally apply for and receive approval for a new commercial recreation use permit prior to commencing any commercial activities. If it has been deemed that a business license is not required for such commercial recreation use permit, the approved permit shall remain in effect, unless specific conditions regarding time limitations are placed on the permit which are necessary to mitigate potential detrimental effects.

(Prior Code, § 8-6-40) (Ord. 15-02, passed 3-17-2015)

§ 155.349 PARCEL BOUNDARY ADJUSTMENTS AND AGREEMENTS.

(A) Rights and responsibilities. A property owner:

(1) May execute a parcel boundary adjustment by quitclaim deed or by a boundary line agreement as described in division (C) below; and

(2) Shall record the quitclaim deed or boundary line agreement in the office of the County Recorder.

(B) Land use authority. A parcel boundary adjustment is not subject to the review of a land use authority.

(1) If properly executed and acknowledged as required under this subchapter, an agreement between property owners designating the boundary line between their properties, when recorded in the office of the County Recorder in which the property is located, shall act as a quitclaim deed and convey all of each party’s right, title, interest and estate in property outside the agreed boundary line that had been the subject of the boundary dispute that led to the boundary line agreement.

(2) A boundary line agreement shall include:

(a) Legal description of the agreed upon boundary line;

(b) The signature of each grantor;

(d) The address of each grantee for assessment purposes.

(3) A property owner:

(a) May execute a boundary line agreement; and

(b) Shall record a boundary line agreement in the office of the County Recorder.

(4) A boundary line agreement is not subject to the review of a land use authority.

(Prior Code, § 8-6-41) (Ord. 17-25, passed 3-21-2017)

§ 155.350 SHORT-TERM VACATION RENTALS.

(A) Purpose. The use of residential properties for short-term vacation rental within the county to provide a safe, clean and welcoming accommodation for visitors.

(B) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

SHORT-TERM VACATION RENTALS (SHORT-TERM RENTAL). A residential unit, or any portion of a residential unit, that the owner of record or the lessee of the residential unit offers for occupancy for fewer than 30 consecutive days.

(1) License. A business license shall be obtained from the county for any short-term rental.

(2) Short-term rental permit. A short-term rental permit shall be obtained from the county.

(D) License issuance. The business license for rental of units under this section will be issued by the county upon payment of necessary fees and upon a finding by the staff that the review criteria established below has been satisfied.

(E) Licensee. The licensee for rentals under this section shall be the property owner or lessee. A local representative shall be designated as an emergency and a nuisance complaint contact.

(F) Application procedure. All new and renewal applications must contain the following information:

(1) Property owner/lessee name, address, phone;

(2) A sales tax collection and accounting number;

(3) Street address of each unit;

(4) Local representative name, address and telephone number to be available 24 hours per day; and

(5) All other information requested on the application forms. The application shall include a cover form, which contains information common to all units managed, and unit forms, which contain information on each unit managed. It is the licensee’s duty to supplement both forms as information changes or as units change from one manager to another.

(G) Management standards. The short-term vacation rental authorized under this section be properly managed.

(1) Property management. As a condition to holding a valid license, the licensee agrees to provide or arrange for adequate property management services.

(2) Minimum services. The owner/lessee shall be responsible for the minimum services and management including:

(a) Snow removal during winter months to a level that allows safe access to the building over the normal pedestrian access to the unit;

(b) Snow removal service to off-street parking facilities associated with the rental property so that off-street parking is at all times available for occupant use;

(c) Summer yard maintenance, including landscaping, weed control and irrigation to a level that is consistent with the level of landscaping and maintenance on adjoining and nearby properties;

(d) Structural maintenance to preserve substantial code compliance as described above is required;

(e) Routine upkeep, including painting and repair to a level that is consistent with the level of maintenance on adjoining or nearby properties;

(f) Trash collection which ensures that trash cans are not left at the curb for any period in excess of 24 hours and the property must be kept free from accumulated garbage and refuse; and

(g) Short-term rentals may be offered on a “short-term rental website” to one or more prospective renters; and facilitates the renting of, and payment for, a short-term rental in accordance with UCA §§ 10-8-85.4 and 17-50-338.

(3) Parking. On-street parking for short-term vacation rental uses shall not result in an obstruction to traffic and pedestrian circulation or public safety.

(4) Outdoor displays of goods and merchandise. No outdoor display of goods and merchandise shall be permitted as part of any nightly rental use.

(5) Signs. No signs advertising or pertaining to the short-term vacation rental will be permitted for nightly rental uses.

(6) Commercial uses prohibited. Short-term vacation rentals may not be used for commercial uses not otherwise permitted in the zone. Short-term rentals may not be converted to corporate sponsor or business houses which are used primarily to distribute retail products or personal services to invitees for marketing or similar purposes, regardless of whether such products or services are charged for.

(7) Noise and occupancy control. The owner of rentals under this section is responsible for regulating the occupancy of the unit and noise created by the occupants of the unit.

(a) Failure to use designated off-street parking, illegal conduct or any other abuse, which violates any law regarding use or occupancy of the premises is grounds for revocation of the short-term vacation rental license and permit.

(b) Failure to collect and deposit sales and transit room tax is also a violation of the license and grounds for revocation of the short-term vacation rental license and permit.

(8) Review criteria. In determining whether or not a business license for short-term vacation rental authorized under this section shall be issued, the application shall be reviewed to see if, in addition to standards and conditions applicable to issuance of all business licenses, the following conditions and standards are met:

(a) The unit is located within a zone and subzone designated as allowing rentals for the period, which the license is applied for;

(b) The county’s Planning and Zoning Department has reviewed the business license application for compliance with the Abatement of Dangerous Buildings Code. Inspection of the unit may be required under § 90.02 of this code;

(c) The applicant shall bear the cost of any such inspection and any reinspection, which may be required. The cost shall be determined by the prevailing hourly rate of the county’s Planning and Zoning Department;

(d) The access to the rental unit and the layout of the unit is such that noise and physical trespass from the proposed rental unit is not likely to be a substantial intrusion to the adjoining properties. If the proposed rental unit is a single-family home or duplex and shares an access, hallway, common wall or driveway with another dwelling, written consent of the owner of the other dwelling is required;

(e) The applicant must designate a local contact. The local contact must be one of the following:

1. A property management company, realtor, lawyer, owner or other individual who resides within the county, or, in the case of a company, has offices in the county;

2. A person personally liable for the failure to properly manage the rental;

3. The local contact must be available by telephone, or otherwise, 24 hours per day, and must be able to respond to telephone inquiries within 20 minutes of receipt of such inquiries by that party’s answering machine, paging device or answering service; or

4. The local contact is also designated as the agent for receiving all official communications under this chapter from the county.

(f) The application must bear a sales tax collection and accounting number for the rental operation. This number may be the sales tax accounting number used by the property management company responsible for that unit, or may be specific to the unit, but no license will be effective until the state sales tax number is provided.

(Prior Code, § 8-6-42) (Ord. 17-23, passed 4-4-2017)

§ 155.351 TRANSPORTATION CORRIDOR PRESERVATION POWERS.

In order to preserve transportation corridors for the future roadways, the County Commission may:

(A) Act in cooperation with other counties and municipalities and other government entities to promote planning for and enhance the preservation of transportation corridors;

(B) Undertake transportation corridor planning, review and preservation processes;

(C) Acquire fee simple rights and other rights of less than fee simple, including easement and development rights, or the rights to limit development, including rights in alternative transportation corridors, and to make these acquisitions up to a projected 30 years in advance of using those rights in actual transportation facility construction;

(D) Preserve a transportation corridor by land use regulation and by official maps;

(E) By ordinance prescribe procedures for approving limited development in transportation corridors until the time transportation facility construction begins; and

(F) The Commission may identify and approve transportation corridors as high priority transportation corridors for transportation corridor preservation.

(Prior Code, § 8-6-43) (Ord. 17-22, passed 4-4-2017)

§ 155.352 OUTDOOR LIGHTING REQUIREMENTS.

(A) Purpose and intent. The purpose and intent of this section is to promote the community character of the county, as provided for in the county’s General Plan, by providing regulations for the preservation of a dark sky. This section is also intended to promote the health, safety and general welfare of the county residents and visitors by:

(1) Reducing, eliminating or preventing light trespass;

(2) Reducing, eliminating or preventing unnecessary or inappropriate outdoor lighting;

(3) Reducing, eliminating or preventing the effects of outdoor lighting on wildlife;

(4) Preventing unsightly and unsafe glare;

(5) Promoting energy conservation;

(6) Maintaining nighttime safety, utility and security;

(7) Encouraging a minimal light footprint of land uses in order to reduce light pollution; and

(8) Promoting and supporting agrotourism and recreation, including the pursuit or retention of accreditation of local parks by the International Dark-Sky Association.

(Prior Code, § 8-6-44A)

(B) Applicability.

(1) New outdoor lighting. Except as provided in division (B)(3) below, all outdoor lighting installed after adoption of this section shall conform to the requirements established by this section.

(2) Existing outdoor lighting. Except as provided in division (B)(3) below, all existing outdoor lighting that does not meet the requirements of this section and is not exempted by this section shall be considered a nonconforming use and as such shall be phased out as outlined in division (G) below.

(3) Lighting for residential use. Except as may be provided in division (G) below, the lighting standards of this section are not mandatory for a single-family, two-family or three-family dwelling in existence before January 1, 2020.

(4) Conflict. Should this section be found to be in conflict with other sections of this code, the more restrictive shall apply.

(Prior Code, § 8-6-44B)

(1) Light shielding and direction. Unless specifically exempted in division (E) below, all outdoor lighting shall be fully shielded and downward directed in compliance with the following, examples of which are graphically depicted in divisions (I) through (O) below:

(a) No artificial light source shall project direct artificial light into the nighttime sky;

(b) No artificial light source shall be placed at a location, angle or height that creates a light trespass, as graphically depicted in division (K) below;

(c) The shielding shall be made of a completely opaque material such that light escapes only through the bottom. Shielding that is translucent, transparent, has perforations or slits of any kind, or allows light to escape through it in any other manner is not permitted; and

(d) Shielding may be attained by light fixture design, building design or other site design features such as fencing, walls, landscaping or other screening, provided it is in strict compliance with divisions (C)(1)(a) through (C)(1)(c) above.

(2) Light color. Unless otherwise specified in this section, the color of any outdoor lighting artificial light source shall be equal to or less than 3,000K, in accordance with the standard Kelvin temperature chart, as graphically depicted in division (L) below.

(Prior Code, § 8-6-44C)

(D) Specific standards. In addition to the general standards of division (C) above. The following are specific standards that apply to all commercial, industrial, manufacturing, public and quasi-public, institutional, multi-family, recreation and resort uses:

(1) Light curfew. Unless exempt in division (E) below, and except for residential uses, all outdoor lighting shall be turned off by 10:00 p.m., or, if applicable, within one hour after the close of business, whichever is later, except the following:

(a) Lighting to illuminate the entrance of the building;

(b) Safety lighting of parking lots and pedestrian areas; and

(2) Flashing or flickering light. No flickering or flashing lights shall be permitted.

(3) Canopy lighting. All direct artificial light sources shall be sufficiently recessed so as not to project direct light greater than five feet from the outside perimeter of the canopy and shall not produce more than a ratio of eight lumens per square foot of canopy area. This ratio shall be calculated by combining the total lumen output of each artificial light source and dividing by the square footage of the canopy. See division (M) below for a graphic depiction.

(4) Parking lot lighting. All artificial light sources in open-air parking lots shall not exceed a ratio of two lumens per square foot of parking lot area. This ratio shall be calculated by combining the total lumen output of each artificial light source divided by the square footage of the parking lot area. See division (N) below for a graphic depiction.

(5) Recreation facility lighting. Recreation facility lighting, shall comply with the following.

(a) The lighting for the recreation activity area shall be directed onto the area where the recreation activities are occurring. It shall not be allowed to illuminate surfaces that are not essential to the function of the recreation activity.

(b) The lighting shall not exceed a ratio of ten lumens per square foot of recreation activity area. This ratio shall be calculated by combining the total lumen output of each artificial light source divided by the square footage of the recreation activity area. See division (O) below for a graphic depiction.

(d) The light color standard of division (C)(2) above does not apply to lighting for the recreation activity area.

(6) Sign lighting. Sign lighting shall comply with the requirements of § 155.368 of this code.

(Prior Code, § 8-6-44D)

(E) Exemptions. The following artificial light sources are exempt from the requirements of this section.

(1) Agricultural lighting. Lighting for agricultural uses.

(2) Federal and state flag lighting. The outdoor lighting of a United States or official state flag provided it is in compliance with the following:

(a) The light shall be as narrow a beam as possible and aimed and shielded to illuminate, to the best effort practicable, only the area which the flag occupies in all wind conditions; and

(b) The light level shall be minimized to create the least amount of impact on the dark sky, while still offering noticeable illumination of the flag;

(3) Federal and state facilities lighting. Federal and state facilities are exempt from the requirements of this section. However, they are encouraged to cooperate and to coordinate with the county the construction of their facilities in compliance with this section.

(4) Fossil fuel lighting. Fossil fuel light, produced directly by the combustion of natural gas or other utility type fossil fuels.

(5) Holiday or festive lighting.

(a) For residential uses, holiday or festive outdoor lighting shall not create a hazard or glare nuisance; and

(b) For commercial uses, holiday or festive outdoor lighting shall be limited to a luminaire used for a holiday decoration, provided it is used for no more than 60 days in a 12-month period and is off between the hours of 11:00 p.m. and sunrise.

(6) Low output light source. An artificial light source having an output equal to or less than 105 lumens, provided that the cumulative lumen output of all low output light sources shall not exceed a ratio of one and one-half lumens per square foot of cumulative area intended to be illuminated. This ratio shall be calculated by combining the total lumen output of each low output light source divided by the square footage of the area intended to be illuminated. The low output light sources shall be distributed across the area intended to be illuminated and not organized in a focused location.

(7) Mobile lighting. Lighting affixed to a vehicle, provided the lighting is not intended for the stationary illumination of an area.

(8) Motion sensor controlled light source. An artificial light source that has a light output equal to or less than 900 lumens and is controlled by a motion sensor, provided it is in compliance with the following:

(a) That the motion sensor is set to turn the artificial light source off ten minutes after the last detection of motion; and

(b) That the artificial light source is sufficiently shielded in a manner that prevents glare on adjacent properties or roadways.

(9) Safety or security lighting.

(a) For the sole purpose of mitigating legitimate and verifiable safety or security hazards, the land use authority may exempt an artificial light source if it is shown to be necessary. The land use authority may apply reasonable conditions to ensure optimal compliance with the purpose and intent of this section.

(b) Evidence demonstrating that it is necessary shall be one or both of the following:

1. Submitted proof of lighting requirements from a property insurance company that demonstrates that compliance with this section will render the property uninsurable. The minimum amount of lighting required by the property insurance company shall be considered the maximum for the purposes of this section; and/or

3. Submitted reasonable research findings, from a qualified professional, that offer a compelling argument for the need for the exemption. However, if the land use authority is aware of other research findings that refute what is submitted, then the land use authority must determine which research findings are more persuasive under the circumstances. If the land use authority grants the exemption, then the minimum amount of lighting necessary to ensure appropriate safety or security, as recommended by the qualified professional, shall be considered the maximum for the purposes of this section.

(10) Occasional event lighting. Outdoor lighting intended for an occasional event, such as a wedding, party, social gathering or other similar event that occurs on an occasional basis shall be allowed. Occasional events shall not occur more than twice per month.

(11) Underwater lighting. Underwater lighting in a swimming pool or other water feature provided it is not intended to illuminate features above water.

(12) Temporary public agency lighting. Temporary outdoor lighting in use by law enforcement or a government agency or at their direction.

(13) Tower lighting. Tower lighting required by the FAA or the FCC, provided that it shall not exceed the minimum requirements of those agencies. Collision markers shall have a dual mode for day and night to minimize impact to the night sky and migrating birds.

(14) Traffic control devices. Traffic control devices and signals.

(Prior Code, § 8-6-44E)

(F) Procedures for compliance.

(1) Applications. Any application for a permit or approval required by this Land Use Code shall contain evidence that the proposed work complies with this section.

(2) Contents of application or submittal.

(a) In addition to the specific application requirements elsewhere in this Land Use Code, the application submittal shall contain the following:

1. Plans indicating the location of all artificial light sources on the premises, including their height above the ground; and

2. Description of each artificial light source device and supporting structure. This description may include, but is not limited to, device specifications from the manufacturer, drawings, details and cross-sections, when available.

(b) The required plans and descriptions set forth in division (F)(2)(a) above shall be complete and shall be presented in a manner that clearly demonstrates compliance with this section. The land use authority may require the applicant to submit photometric schematics and attestation from a qualified professional that the submittal complies with this section.

(Prior Code, § 8-6-44F)

(G) Required replacement of nonconforming outdoor lighting. After the effect of this section, all outdoor lighting that does not comply with the requirements of this section shall be considered nonconforming outdoor lighting. All nonconforming outdoor lighting shall be phased out as lighting fixtures are replaced in accordance with the following criteria.

(1) Lighting replacement. The replacement of any nonconforming outdoor artificial light source shall comply with the requirements of this section.

(2) Building exterior modification. When the replacement of a building’s exterior materials exceeds 25% of the building’s exterior area, excluding roof area, whether by a single modification project or by an accumulation of separate modification projects, all nonconforming outdoor lighting on the premises on or within 25 feet of the building shall be brought into compliance with the requirements of this section. This shall not include repainting or re-roofing.

(3) Building expansion. When a building’s expansion exceeds the threshold established in this division (G)(3), whether by a single expansion project or by an accumulation of separate expansion projects, all nonconforming outdoor lighting on the premises on or within 25 feet of the building shall be brought into compliance with the requirements of this section. The established threshold of expansion shall be the smaller of the following:

(a) Twenty-five percent of the total area of the building as it exists on January 1, 2020; or

(b) Two thousand five hundred square feet.

(4) Site improvements. When a site improvement, which requires a land use permit, conditional use permit or design review approval, modifies an area that exceeds the threshold established in this section, whether by a single modification project or by an accumulation of separate modification projects, all nonconforming outdoor lighting on the premises shall be brought into compliance with the requirements of this section. The established threshold of modification shall be the smaller of the following:

(a) Twenty-five percent of the site area; or

(b) Twenty thousand square feet.

(Prior Code, § 8-6-44G)

(H) Violations, enforcement and implementation.

(1) Violations. The following constitute violations of this section:

(a) The installation, maintenance or operation of any outdoor artificial light source not in compliance with the provisions of this section;

(b) The alteration of any outdoor artificial light source after a certificate of occupancy has been issued without the review and approval of the land use authority when such alteration does not conform to the provisions of this section; and

(c) Failure to shield, correct or remove lighting that is installed, operated, maintained or altered in a manner that does not comply with this section.

(2) Enforcement. Violations of this chapter are subject to enforcement and penalties as outlined in § 155.999 of this code. If the violation constitutes a safety hazard, typical enforcement measures shall be employed. Unless the violation constitutes a safety hazard, enforcement of a violation of this section shall be addressed as follows.

(a) A courtesy letter shall be sent to the landowner that suggests that there may be noncompliant outdoor lighting on the premises. A second courtesy letter shall be sent at least 20 calendar days after the previous courtesy letter if a previous courtesy letter does not either cause the resolution of the violation or cause the landowner to initiate resolution with the county as provided in division (H)(2)(c) below. Educational information about how to appropriately comply with this section shall also be sent and a method of contacting the county for discussion shall be provided in each courtesy letter. The second courtesy letter shall state that it is the last courtesy letter, and future contact will be in the form of a notice to comply.

(b) No sooner than 30 days after the second courtesy letter is sent, if it did not either cause the resolution of the violation or cause the landowner to initiate resolution with the county as provided in division (H)(2)(c) below, a notice to comply shall be sent to the landowner. The notice shall include, with specificity, the violation, and shall give the landowner 30 days to comply with this section or initiate resolution with the county as provided in division (H)(2)(c) below. The notice shall also include educational information about how to appropriately comply with this section.

(c) If a landowner initiates resolution of a violation of this section with the county, the county shall give the landowner no less than six months and no more than 12 months to comply with this section if is the landowner clearly demonstrates that good faith efforts will resolve the violation within the six-month period given. If the landowner does not clearly demonstrate that good faith efforts will resolve the violation, a notice to comply shall be sent to the landowner. The notice shall include, with specificity, the violation and shall give the landowner 30 days to comply with this section.

(d) If, after the steps in divisions (H)(2)(a) through (H)(2)(c) above have been satisfied, a landowner fails to initiate resolution of a violation of this section or fails to comply within the period specified in division (H)(2)(c) above, typical enforcement measures shall be employed. Additionally, the final approval of current or future plans, the issuance of a certificate of occupancy or the acceptance of new applications authorized by this chapter may be withheld until compliance with this section is demonstrated.

(Prior Code, § 8-6-44H)

(I) Examples of direct artificial light.

Figure 155.352-1

(Prior Code, § 8-6-44I)

(J) Examples of unshielded and shielded light sources.

Figure 155.352-2

Figure 155.352-3

(Prior Code, § 8-6-44J)

(K) Example of light trespass.

Figure 155.352-4

(Prior Code, § 8-6-44K)

(L) Standard kelvin temperature chart.

Figure 155.352-5

(Prior Code, § 8-6-44L)

(M) Example of canopy lighting.

Figure 155.352-6

(Prior Code, § 8-6-44M)

(N) Example of parking lot lighting.

Figure 155.352-7

(Prior Code, § 8-6-44N)

(O) Example of recreation facility lighting.

Figure 155.352-8

(Prior Code, § 8-6-44O)

(Ord. 20-01, passed 1-7-2020) Penalty, see § 155.999

§ 155.353 CEMETERY REQUIREMENTS.

(A) All cemetery uses (structures, plots and the like) must meet setback of the property zoning district.

(B) All cemeteries must obtain approval from the Weber/Morgan Health Department.

(C) All cemeteries must be clearly marked, fenced, plated and recorded in the office of the County Recorder as per UCA § 8-3-1.

(Prior Code, § 8-6-45) (Ord. 20-10, passed 7-21-2020)

§ 155.354 FARM ANIMALS.

(A) Family food production animals.

(1) Generally. Family food production animals are allowed on all lots within the county. The number and type of animals and fowl allowed in the county shall be limited as in division (A)(2) below.

(2) Animals allowed. Not more than any of the following are allowed: two sheep or goats; or 25 pheasants, or chickens, or rabbits, or pigeons; or ten geese or ducks. Animals and fowl not specifically listed may be substituted for those listed of similar size as determined by the Zoning Administrator.

(3) 4-H or livestock program. There shall be a limit of one per child for lambs or kids (baby goats) that are raised for the purpose of 4-H or similar agricultural programs.

(4) Setbacks. Setbacks from property lines and residential structures:

(a) Buildings for housing or care of animals may be located no closer than ten feet to any side or rear lot line, 30 feet to any public street; and

(b) All pens, sheds, barns, coops, and stables housing animals and fowl shall be located not less than 50 feet from a public street. These provisions shall not apply to pastures.

(5) Odor, dust, noise, or drainage. Applicant shall show that odor, dust, noise, or drainage will be so controlled as to not constitute a nuisance or hazard to adjoining property or uses.

(6) Enclosures. Farm animals must be kept within an enclosed area or structure sufficient to contain the animals on site.

(7) Roosters. Roosters are not permitted.

(8) Nuisances. The county animal ordinance shall govern animal nuisances (Chapter 92).

(B) Nuisances. Animal locations, structures, pens, corrals, and any other premises or structure used for the keeping of horses, cows, sheep, goats, rabbits, chickens, doves, and pigeons or any other animals must be kept in clean and sanitary conditions, free from obnoxious odors and substances. All animals shall be kept confined. Animals or fowl cannot create a disturbance to the residents in the particular locality by creating any noise, odor, or damage to the adjacent property. Property owners found in violation to this section shall be subject to § 155.999.

(Ord. 23-04, passed 4-18-2023) Penalty, see § 155.999