Morgan County Unincorporated
City Zoning Code
City Zoning Code
GENERAL REGULATIONS
§ 155.365 NONCONFORMING USES, STRUCTURES AND LOTS.
(A) Permitted uses for certain legal nonconforming lots. Notwithstanding any provision in this chapter to the contrary, accessory buildings or structures and uses customarily incidental to residential properties that are allowed within the zoning district where the lot is located shall be permitted uses for all legal nonconforming lots with existing single-family dwellings.
(Prior Code, § 8-7-1)
(B) Illegal lots.
(1) Permitted. Notwithstanding any provision in this chapter to the contrary, an illegal lot with an existing single-family dwelling shall be deemed a legal nonconforming lot; provided, that:
(a) The lot was created prior to January 1, 2000;
(b) The dwelling has been continuously occupied for not less than the last five consecutive years;
(c) The lot and improvements were purchased by a bona fide purchaser without knowledge of the illegality; and
(d) There are no delinquent property taxes.
(2) “Illegal lot” defined. For purposes herein, an ILLEGAL LOT means a lot that was created contrary to this chapter.
(Prior Code, § 8-7-2)
(C) Substandard lots at time of passage. Any lot legally held in separate ownership at the time of adoption of this chapter, which lot is below the requirements for lot area or lot width or frontage for the district in which it is located and on which lot a dwelling would be permitted if the lot met the area requirements of this chapter, may be used for a single-family dwelling if such a lot is located in an R1 or an RM District. The width of each of the side yards for such a dwelling may be reduced to a width which is not less than the same percentage of the lot width as the required side yard would be of the required lot width; provided, that in no case shall the smaller of the two yards be less than five feet, nor shall the total width of the two yards be less than 13 feet; provided, however, that when this chapter replaces a previously adopted zoning ordinance, if a lot was legally created under the provisions of that ordinance, it shall be classified as a legal nonconforming lot under this chapter.
(Prior Code, § 8-7-3)
(D) Nonconforming lots prohibited after adoption.
(1) No lot or subdivision having less than the minimum width, depth, frontage, area, yard depth (setback), building envelope or open space area required in the district in which it is located may be created, except as may be expressly allowed elsewhere in this chapter, nor shall any land use approvals or permits be issued for uses on such lots.
(2) Any lot legally platted within the bounds of a subdivision that was created under the terms of a now repealed PRUD subdivision ordinance, PUD Overlay Zone, MPDR District or other repealed zoning or subdivision ordinance intended to provide flexibility from the required minimum width, depth, area, yard depth (setback), building envelope or open space area, may amend the width, depth, area, yard depth (setback), building envelope or open space area of the subdivision lot pursuant to the minimum standards that provided such flexibility in the ordinance that governed its creation. Current procedural requirements for plat amendments shall apply.
(Prior Code, § 8-7-4)
(E) Nonconforming uses.
(1) Continued. Except as provided in this division (E), a nonconforming use or structure may be continued.
(a) A nonconforming use may be extended through the same building, provided no structural alteration of the building is proposed or made for the purpose of extension.
(b) For the purposes of this division (E), the addition of a solar energy device to a building is not a structural addition.
(c) If any county acquires title to any property because of tax delinquency and the property is not redeemed as provided by law, the future use of the property shall conform with the existing provisions of the county ordinances equally applicable to other like properties within the district in which the property acquired by the county is located.
(d) The governing body may provide in any zoning ordinance or amendment for:
1. The restoration, reconstruction, extension, alteration, expansion or substitution of nonconforming uses upon the terms and conditions set forth in this chapter;
2. The termination of all nonconforming uses, except billboards, by providing a formula establishing a reasonable time period during which the owner can recover or amortize the amount of his or her investment in the nonconforming use, if any; and
3. The termination of a billboard that is a nonconforming use by acquiring the billboard and associated property rights through gift, purchase, agreement, exchange or eminent domain.
(e) If a county prevents a billboard company from maintaining, repairing or restoring a billboard structure damaged by casualty, act of God or vandalism, the county’s actions constitute initiation of acquisition by eminent domain.
(f) Notwithstanding divisions (E)(1)(d) and (E)(1)(e) above, a governing body may remove a billboard without providing compensation or amortization if, after providing the owner with reasonable notice of proceedings and an opportunity for a hearing, the governing body finds that:
1. The applicant for a permit made a false or misleading statement in his or her application;
2. The billboard is unsafe;
3. The billboard is in an unreasonable state of repair; or
4. The billboard has been abandoned for at least 12 months.
(g) A county may terminate the nonconforming status of school district property when the property ceases to be used for school district purposes.
(2) Maintenance, repairs and alterations. Maintenance repairs and structural alterations may be made to a nonconforming structure or to a structure housing a nonconforming use after receiving required permits.
(3) Additions, enlargements and moving.
(a) A building or structure occupied by a nonconforming use and a building or structure nonconforming as to height, area or yard requirements shall not be added to or enlarged in any manner, or moved to another location on a lot, nor shall any nonconforming use of land be expanded on a lot, except as provided herein.
(b) A building or structure occupied by a nonconforming use or a building or structure nonconforming as to height, area or yard regulations may be added to or enlarged or moved to a new location on the lot after approval by the Zoning Administrator. Approval shall be granted by the Zoning Administrator upon findings that the addition, enlargement or movement of the structure does not create a greater nonconformity than what already exists for yard regulations, height regulations and coverage regulations of the applicable zoning district.
(4) Alteration where parking insufficient. A building or structure lacking sufficient automobile parking space in connection therewith as required by this chapter may be altered or enlarged, provided additional off-street automobile parking space is supplied to meet the basic requirements of this chapter for such alteration or enlargement.
(5) Restoration of damaged structures. A nonconforming building or structure or a building or structure occupied by a nonconforming use which is damaged or is destroyed by fire, flood, wind, earthquake or other calamity or act of God or vandalism and the like, may be restored. The occupancy or use of such building, structure or part thereof, which existed at the time of such damage or destruction may be continued or resumed; provided, that such restoration is started within a period of one year and is diligently pursued to completion in conformance with the ordinances of the county within two years.
(6) Preexisting nonconforming use may be continued; provisions. A structure utilized prior to the effective date hereof for a use, which after the effective date hereof is nonconforming, may continue to be utilized for such nonconforming use, unless the structure is vacated or the use ceased for a continuous period in excess of 365 calendar days. Land used prior to the effective date hereof for a purpose which after the effective date hereof is nonconforming may continue to be so used; provided, that such nonconforming use is not ceased for a continuous period in excess of 365 calendar days. No such nonconforming use of land may in any way be expanded or extended, either in the same or on adjoining property, except as may be otherwise provided.
(7) Effect of vacating nonconforming structure and ceasing nonconforming use.
(a) A vacant structure may be occupied by a use for which the building or structure was used, designed or intended, if so occupied within a period of 365 calendar days after the use became nonconforming.
(b) However, a structure or portion thereof occupied by a nonconforming use which is, or hereafter becomes, vacant and remains unoccupied by said nonconforming use for a continuous period in excess of 365 calendar days, shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located.
(c) Should a nonconforming use of land be ceased for a period in excess of 365 calendar days, any future use of such land shall be in conformity with the provisions of this chapter, and the previously authorized nonconforming use is expressly prohibited.
(8) Effect of change of use. The nonconforming use of a building or structure may not be changed except to a conforming use; but where such change is made, the use shall not thereafter be changed back to a nonconforming use.
(9) Nonconforming mobile home units.
(a) If a nonconforming mobile home is removed from the premises, it cannot thereafter be returned, except:
1. If the mobile home is returned within 60 days where such removal was upon order of the Building Official for correction of deficiencies or by decision of the owner for the purpose of correcting deficiencies; or
2. A new mobile home may be moved on the premises if:
a. Accomplished within 60 days;
b. The restored or new mobile home is owned by the same owner as the mobile home removed; and
c. Said mobile home is to be occupied for a continuous period of at least six months by the same occupants as the mobile home removed.
(b) Mobile home and recreational coach parks shall be licensed annually by the governing body as businesses. Such licenses shall not be issued to nor renewed for mobile home and recreational coach parks that do not meet the minimum standards contained in this chapter or otherwise established by the governing body.
(10) Termination of nonconforming uses. The governing body may in any ordinance provide for the termination of nonconforming uses of land for open storage or signage, either by specifying the period or periods in which nonconforming uses shall be required to cease, or providing a formula or formulas whereby the compulsory termination of a nonconforming use may be so fixed as to allow for the recovery or amortization of the investment and reasonable termination costs in the nonconforming use.
(Prior Code, § 8-7-5)
(Ord. 13-12, passed 8-20-2013)
§ 155.366 CONDITIONAL USES.
(A) Scope and authority.
(1) A zoning ordinance may contain provisions for conditional uses that may be allowed, allowed with conditions, or denied in designated zoning districts, based on compliance with standards and criteria set forth in this chapter for those uses.
(a) C1: The C1 designation is a staff level review. These uses are generally routine and uncontested in nature, and the impact on the surrounding properties is minimal and can be mitigated with simple, inexpensive measures. The Zoning Administrator shall be authorized to review and approve, approve with additional conditions, or deny any application for a C1 designated use. The applicant may appeal the decision of the Zoning Administrator to the Planning Commission. Further, the Zoning Administrator may, based on the potential complexity or conflict in a conditional use, forward the application to the Planning Commission/County Commission for review.
(b) C2: The C2 designation indicates that a review is required by the Planning Commission. These uses are generally more complex in nature and may involve public interest and concern. The Zoning Administrator makes a recommendation to the Planning Commission for review. The Planning Commission may approve, approve with additional conditions or deny any application for a C2 designated use. The applicant may appeal the decision of the Planning Commission to the County Commission. Further, the Planning Commission may, based on the potential complexity or conflict in a conditional use, forward the application to the County Commission for review.
(c) C3: The C3 designation indicates that a review is required by the County Commission. These uses are those which, by nature, are complex and potentially contentious. The mitigating conditions that would apply to such uses are extensive and require the approval of the governing body. The application is heard first by the Planning Commission, with a staff report and recommendation by the Zoning Administrator. The Planning Commission shall forward a recommendation to the County Commission with a positive recommendation, a positive recommendation with additional conditions or a negative recommendation. The County Commission then reviews the application and shall approve, approve with additional conditions or deny the application. Appeals to County Commission decisions are made as outlined in §§ 155.020 through 155.032 of this code.
(Prior Code, § 8-8-1)
(B) Purpose and intent. The purpose of this section and the intent of the county in its adoption is to promote the health, safety, convenience and general welfare of the present and future inhabitants of the county. This purpose includes a recognized interest in protecting the environment and environmental values. This section accomplishes the aforesaid purpose and intent by providing sufficient flexibility to allow in certain areas compatible integration of uses which are related to the permitted uses of the district or are of an interim or temporary nature only, but which may be suitable and desirable only in certain locations in that district due to conditions and circumstances peculiar to that location and/or upon certain conditions which make the uses suitable and/or only if such uses are designed, laid out and constructed on the proposed site in a particular manner. While flexibility in allowing uses which would otherwise be generally unsuitable to a given district is an important goal of this section, it is also recognized that constraints on governmental decision-making are a legal imperative. This section, therefore, also provides a framework of standards within which those governmental decisions must be made.
(Prior Code, § 8-8-2)
(C) Conditional use permit requirements.
(1) Permit required. A conditional use permit shall be required for all uses listed as conditional uses in this chapter. The County Commission is designated as the land use authority for all conditional use permit requests, after receiving a recommendation from the Planning Commission.
(2) Uses requiring permit; exceptions.
(a) The following types of uses require a conditional use permit, wherein approval of a final plan shall constitute the conditional use permit:
1. Mobile home parks;
2. Recreation vehicle parks;
3. Mobile home subdivisions;
4. Utility lines or pipelines serving two or more households or businesses for the transportation, transmission, delivery or receipt of water, natural gas, electricity, telephone, cable television or other similar uses;
5. Commercial and industrial sites;
6. Landfills;
7. Land excavations; and
8. Public and private recreation facilities (golf course, sports complexes, swimming pools, recreation trails, ski resort and the like).
(b) For all other types of conditional uses, final plan approval or a specific conditional use permit will be issued for the particular use as appropriate or as provided for in this chapter.
(c) Uses exempt from conditional use permit include private noncommercial temporary camps or campgrounds with overnight camping not exceeding 30 days per calendar year.
(3) Revocation of permit.
(a) In the event any person holding a conditional use permit pursuant to this division (C) violates the terms of the permit, or conducts or carries on said site development in such a manner as to materially adversely affect the health, welfare or safety of persons residing or working in the neighborhood of the property of the said permittee, a temporary suspension may be made effective immediately upon notification by the Zoning Administrator.
(b) No conditional use permit shall be permanently revoked or suspended until a public meeting is held by the County Commission, after receiving a recommendation from the Planning Commission at a public meeting. The permittee shall be notified in writing of such meetings and said notification shall state:
1. The grounds for complaint or reasons for the revocation or suspension, in clear and concise language;
2. The time and place such meetings are to be held. Such notice shall be served by registered mail or personal service on the permittee at least five days prior to the date set for the meeting. At any such meeting, the permittee shall be given an opportunity to be heard and may call witnesses and present evidence. Upon conclusion of such meeting, the County Commission shall determine whether or not the permit shall be suspended or revoked; and
3. The Planning Commission shall hold a preliminary meeting to consider its recommendations to the governing body for revocation or suspension of permits which have been temporarily suspended as practicable.
(4) Expiration of permit. Every conditional use permit shall run with the land, unless specific conditions regarding time limitation are placed on the permit which are necessary to mitigate potential detrimental effects.
(5) Grounds for denial of conditional use permit application. A conditional use permit may be denied if the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards.
(6) Approval conditions. A conditional use shall be approved if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with applicable standards.
(a) Exceptions. The County Commission, after receiving a recommendation from the Planning Commission, may authorize exceptions to any of the requirements and regulations set forth in this section. Application for any exception shall be made by a verified petition (such as a notarized document) of the applicant stating fully the grounds of the application and the facts relied upon by the petitioner. Such petition shall be filed with the conditional use permit application. In order for the land referred to in the petition to come within the provisions of this division (C), it is required that the County Commission find all of the following facts with respect thereto:
1. That the land is of such shape or size, or is affected by such physical conditions, or is subject to such title limitations of record that it is impossible or impractical for the developer to comply with all of the regulations of this chapter;
2. That the exception is necessary for the preservation and enjoyment of a substantial property right by the petitioner;
3. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity of the subject property; and
4. That granting the exception will not be detrimental to the environment.
(b) Exception process. Each proposed exception shall be processed in the same manner as is required by this chapter for conditional use permit applications.
(c) Written findings, conclusions. Any such approval or disapproval of requested exceptions shall be accompanied by written findings of fact and conclusions therefrom.
(7) Inspections for compliance. Following the issuance of a conditional use permit by the land use authority, the Zoning Administrator shall inspect such use to ensure that development is undertaken and completed in compliance with the conditional use permit. Inspection can be requested by the Zoning Administrator, the Planning Commission, the Chairperson of the Planning Commission, the governing body, the Chairperson of the governing body or any affected party.
(8) Minimum construction and improvement standards. Construction standards, including drawings, tables, charts, references and regulations, may be adopted by resolution by the governing body, and when done so shall constitute land development standards supplementing this chapter.
(9) Conflicting provisions. Where specific requirements are made or exemptions allowed under other sections of this chapter, those requirements or exemptions shall prevail over the land development standards supplementing this chapter.
(10) Improvements construction obligation of developer. Improvements required by this chapter shall be constructed at the expense of the developer and shall comply with the land development standards supplementing this chapter.
(11) Commencement of construction prior to approval prohibited. Site improvement or grading of any proposed development site prior to preliminary design plan approval by the land use authority is prohibited.
(Prior Code, § 8-8-3)
(D) Performance standards for all conditional uses. There is a need to promote healthy and visually and auditory attractive environments and to reduce conflicts between different land uses. As part of the purpose to protect the health, safety, convenience and general welfare of the inhabitants of the county, the performance standards delineated in this division (D) are intended to conserve, enhance, restore and maintain significant natural and human-made features which are of public value, including among other things, river corridors, streams, lakes and islands, domestic water supply, watersheds, flood storage areas, natural shorelines and unique vegetation, wetlands, wildlife and fish habitats, significant geological features, tourist attractions, archaeological features and sites, historic features and sites and scenic views and vistas, and to establish criteria and standards for the development, change of use or alteration of such features. As responsible parties, applicants for conditional use permits shall meet all specific requirements made in this chapter. The Planning Commission may establish additional requirements as outlined herein to meet the concerns of safety for persons and property, health and sanitation, environment, general plan and neighborhood needs, performance and administration. More specifically, and without limitation, the Planning Commission may require:
(1) Conditions relating to safety for persons and property:
(a) Building elevations and grading plans which will prevent or minimize floodwater damage, where property may be subject to flooding;
(b) The relocation, covering or fencing of irrigation ditches, drainage channels and other potential attractive nuisances existing on or adjacent to the property;
(c) Increased setback distances from lot lines where the Planning Commission determines it to be necessary to ensure the public safety and to ensure compatibility with the intended characteristics of the district as outlined in this chapter;
(d) Appropriate design, construction and location of structures, buildings and facilities in relation to any earthquake fault which may exist on the property and limitations and/or restrictions on the use and/or location of uses due to special site conditions, including, but not limited to, geologically hazardous areas; floodplains; fault zones; and landslide areas;
(e) Limitations and control of the number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures in relation to the creation of traffic hazards and appearance and harmony with adjacent development;
(f) Plans for the location, arrangement and dimensions of truck loading and unloading facilities;
(g) Construction of curbs, gutters, drainage culverts, sidewalks, streets, fire hydrants and street lighting;
(h) Reduction of permitted street grades for winter and storm conditions, or exposure;
(i) Fences shall not create visual nor other safety hazards;
(j) Backing movements, passing vehicles, sidewalk traffic, small children and the like, shall be considered in the location of fences and effects on circulation system;
(k) Numbers and types of vehicles per time period associated with the conditional use activities; and
(l) Time of day and days of the week conditional use may operate.
(2) Conditions relating to health and sanitation:
(a) A guarantee of sufficient water to serve the intended land use and a water delivery system meeting standards adopted by the governing body;
(b) A wastewater disposal system and a solid waste disposal system meeting standards adopted by the governing body; and
(c) Construction of water mains, sewer mains and drainage facilities serving the proposed use, in sizes necessary to protect existing utility users in the district and to provide for an orderly development of land in the county.
(3) Environmental concerns:
(a) Limitations and/or restrictions on the use and/or location of uses in sensitive areas due to soils capabilities, wildlife and plant life;
(b) Standards intended to conserve, enhance, restore and maintain significant natural and human-made features which are of public value, including among other things, river corridors, streams, lakes and islands, domestic water supply watersheds, flood storage areas, natural shorelines and unique vegetation, wetlands, wildlife and fish habitats, significant geological features, tourist attractions, archaeological features and sites, historic features and sites and scenic views and vistas and to establish criteria and standards for the development, change of use or alteration of such features;
(c) Processes for the control, elimination or prevention of land, water or air pollution; the prevention of soil erosion; and the control of objectionable odors. Processes for the control, elimination or prevention of land, water or air pollution; the prevention of soil erosion; and the control of objectionable odors:
1. These processes may include restrictions on degradation of water quality;
2. Developments which produce any discharge to any watercourse shall demonstrate compliance with all federal, state and county water quality standards as evidenced by the issuance of any permits required for their discharge by the federal government, state and/or county; and
3. Whenever sedimentation is caused by stripping vegetation, regrading or other development, it shall be the responsibility of the person, corporation or other entity causing such sedimentation to remove it from all adjoining surfaces and drainage systems prior to final approvals for the project. It is the responsibility of any person, corporation or other entity doing any act on or across a stream, watercourse or swale or upon the floodplain or right-of-way thereof, to maintain as nearly as possible in its present state the stream, watercourse, swale, floodplain or right-of-way during such activity.
(d) The planting of ground cover or other surfacing to prevent dust and erosion:
1. The proposed land disturbing activity will ensure and provide an undisturbed vegetation buffer from the top of the bank of a stream, wetland or other water body, unless a mitigation plan is approved for alterations within the buffer area;
2. Whenever feasible, natural vegetation will be retained and protected;
3. Temporary vegetation and/or mulching shall be used to protect exposed critical areas during development; and
4. Plans will be made to accommodate increased runoff and sedimentation caused by altered soil and surface conditions during and after the proposed activity.
(e) Restructuring of the land and planting of the same as directed by the Planning Commission when the conditional use involves cutting and/or filling the land and where such land would be adversely affected if not restructured;
(f) Limitations and/or restrictions on construction and/or development on slopes in excess of 30% to control erosion;
(g) If the proposed conditional use involves hillside construction and/or development, the application will be approved only after the applicant provides:
1. Topographic information showing that the proposed activity is on land with a slope less than 30% and that it is located more than 200 feet from a known landslide;
2. A geologic/geotechnical report which shall be in form and content approved by the County Engineer, consisting of, among other things, a slope stability study, earthquake analysis and sedimentation analysis, prepared by a certified engineering geologist or geotechnical engineer approved by the County Engineer, certifying that the site or route in its entirety is suitable for the proposed development;
3. Such other engineering or technical reports as may be required by the Planning Commission or governing body; and
4. Detailed construction plans, drawings and specifications which outline all construction methods proposed to be utilized.
(h) In all cases, the applicant may be required to supply a geologic report, a geotechnical study, a hydrological study, a civil engineering study and other applicable engineering studies required by the Planning Commission or governing body acceptable in form and content to the County Engineer;
(i) The applicant’s conditional use may be limited or denied if blasting, drilling or any other construction activity involved will weaken, or cause, adjoining slopes, geologic formations and human-made improvements to become unstable or if the proposed construction or operation will result in the creation of a geologic hazard to surrounding properties, such as through slumping, sliding or drainage modifications;
(j) Standards to maintain the integrity/existence of natural drainage patterns as determined by the Planning Commission;
(k) Construction methods, specifications, drawings, plans and practices as requested by the County Engineer; and
(l) An environmental assessment and/or an environmental impact statement which includes an alternatives analysis performed by a company approved in advance by the Planning Commission may be required.
1. The environmental assessment/environmental impact statement shall identify all environmental concerns, including, but not limited to, visual and auditory aesthetics, erosion control, land, water and air pollution, and an alternatives analysis.
2. The alternatives analysis in the environmental assessment/environmental impact statement will address all reasonably possible alternatives to the proposed project. In the event the proposed use is a utility line or pipeline for the transportation, transmission, delivery or receipt of water, natural gas, electricity, telephone, cable television or any other similar use, public property or roadway rights-of-way shall be utilized to the extent possible and the least damaging practical alternative is presumed to be such public property or roadway rights-of-way; condemnation of private property for such uses is not favored and will only be allowed if there is no other reasonably practical alternative. This analysis must demonstrate that the applicant’s chosen alternative is the least environmentally damaging of those alternatives available.
3. A finding of no other practicable alternative for the proposed use may be made after demonstration by the applicant that:
a. The basic purpose of the project cannot reasonably be accomplished using another alternative;
b. The basic purpose of the project cannot be accomplished by a reduction in the size, scope, configuration or density of the project as proposed, or by changing the design of the project in a way that would result in fewer adverse effects; and
c. If the applicant has rejected other alternatives, the applicant shall show that a reasonable attempt has been made to remove or accommodate the constraints associated with the rejected alternative.
(m) Such other or additional standards as may be established by the Planning Commission or governing body as they may deem necessary for the protection of the health, safety, convenience and general welfare of the present and future inhabitants of the county and the environment.
(4) Conditions relating to compliance with intent of general plan and characteristics of vicinity (or neighborhood):
(a) The removal of structures, debris or plant materials, incompatible with the intended characteristics of the district outlined in this chapter;
(b) The screening of yards or other areas as protection from obnoxious land uses and activities;
(c) Landscaping to ensure compatibility with the intended characteristics of the district as outlined in this chapter;
(d) Limitations or controls on the location, height and materials of walls, fences, hedges and screen plantings to ensure harmony with adjacent development, or to conceal storage areas, utility installations or other unsightly development;
(e) The relocation of proposed or existing structures as necessary to provide for future streets on the major street plan of the county, adequate sight distances for general safety, groundwater control or similar problems;
(f) Provision for or construction of recreational facilities necessary to satisfy needs of the conditional use;
(g) Population density and intensity of land use limitations where land capability and/or vicinity relationships make it appropriate to do so to protect health, safety and welfare or conservation of values;
(h) Other improvements which serve the property in question and which may compensate in part or in whole for possible adverse impacts to the district from the proposed conditional use;
(i) Conservation of values; community, neighborhood and property values; and
(j) The character of the neighborhood and aesthetics of the streetscape shall be considered in the location of fences and in determining the reduction of any front yard for fencing purposes.
(5) Conditions relating to performance:
(a) Time limits on the validity of the conditional use permit. Such time limits shall be determined by the following guidelines:
1. A conditional use permit for uses which are of a temporary nature only may be issued for the intended duration of the temporary use or for two years, whichever period of time is shorter; and
2. Unless there is substantial and positive development action under a conditional use permit within a period of one year of its issuance, said permit shall expire. The Planning Commission and governing body may grant a maximum extension for one year, when deemed in the public interest.
(b) The Planning Commission and/or governing body may require the applicant to pay a performance and completion bond for 115% of the cost of construction. The Planning Commission and governing body may also require a performance bond for 115% of the cost of rehabilitation to ensure that proper rehabilitation is made over a three-year period. The rehabilitation requirements will be determined by the County Engineer;
(c) Specific short- and long-range plans of development may be required to demonstrate timeliness, feasibility and impact on the public;
(d) The applicant may be required to demonstrate that the general and specific requirements of this chapter are met. In addressing these requirements, the applicant and the Planning Commission shall give due regard to the nature and condition of adjacent uses and structures. The environmental and other concerns, including, but not limited to, visual and auditory aesthetics, erosion control, energy conservation concerns and water and air pollution listed in this division (D) under performance standards for conditional uses apply; and
(e) In connection with and as a condition of approval of any application for a conditional use, the applicant shall sign such agreements in form and content approved by the County Attorney, Planning Commission and governing body embodying any of the standards or requirements set forth herein or otherwise established by the Planning Commission and/or governing body.
(6) Energy conservation concerns:
(a) Solar orientation of buildings and uses;
(b) Use of renewable energy sources;
(c) Efficiency of exterior lighting;
(d) Shading and protection of important buildings and pavings (parking lots and the like), landscaping and trees, location of buildings and screens;
(e) Effective use of vestibules;
(f) Wind screening;
(g) Circulation (travel) efficiency;
(h) Efficiency of stormwater removal and erosion control;
(i) Maintenance efficiency for off-site improvements to be maintained by the public; and
(j) Maintenance efficiency for on site improvements to be maintained by users, occupants and owners and the like.
(Prior Code, § 8-8-4)
(E) General standards for conditional use developments. When applicable, the following general standards shall apply to all conditional use developments within the county, unless waived for good and sufficient reasons by the Planning Commission.
(1) Ownership. The development shall be in single or corporate ownership at the time of application, or the subject of an application filed jointly by all owners of the property.
(2) Landscaping, fencing and screening. Landscaping, fencing and screening within the site and as a means of integrating the proposed development into its surroundings shall be planned and presented to the Planning Commission for approval, together with other required plans for the development.
(3) Signs and lighting. The size, location, design and nature of signs, if any, and the intensity and direction of area lighting or floodlighting shall be detailed in the application.
(4) Grading and drainage plan. A grading and drainage plan shall be submitted to the Planning Commission with the application.
(5) Planting plan. A planting plan showing the proposed tree, shrubbery and lawn plantings shall be prepared for the entire site to be developed, including especially the yards which abut upon public streets.
(6) Use not detrimental. It shall be shown that under the circumstances of the particular case, the proposed use will not be detrimental to the health, safety or general welfare of persons residing in the vicinity of the conditional use development.
(7) Water and sewer system. All buildings used for human occupancy when completed shall be served by a central water system and appropriate sewage disposal system which have been approved by the Building Official and which are in compliance with applicable local and state law.
(8) Bond. In order to ensure that the development will be constructed to completion in accordance with approved plans, the Planning Commission shall require the developer to render a payment, or post a performance and/or completion bond, mortgage or other valuable assurance acceptable to the governing body, in an amount equal to the estimated cost as determined by the County Engineer, plus 15% of constructing the proposed project, including, without limitation, all required landscaping, road improvements, pedestrianways, bike paths, curbs and gutters, utility lines, conduits, street lighting, hard surfacing, culinary water and sewer lines (and domestic sewage disposal facilities if sewer is not available), as shown on the final site plan. The Planning Commission and/or governing body shall also require the developer to post an adequate bond to ensure proper rehabilitation as the circumstances warrant. The Planning Commission and/or governing body may also require of the developer an additional bond to ensure against any damage to any property, buildings, improvements, structures, water wells, springs and water aquifers which may be adversely affected by the proposed project in such amounts as the Planning Commission and/or governing body determine is appropriate under the proposed project. Any such bond shall be in favor of the county and each affected third-party private property owner. Estimates of cost shall be furnished by the developer which will be checked for accuracy by the Planning Commission staff. Final determination of the amount of each required bond or other assurance shall be made by the governing body.
(a) The duration of the bond or other assurance shall be for one or more years from the date of approval of the development by the governing body and an extension of time for completion may be granted by the governing body upon application by the developers, provided such application is submitted at least 60 days prior to the expiration of the bond or other assurance, and provided the issuer of the bond is willing to extend the time of the assurance.
(b) In the event the developer defaults or fails or neglects to satisfactorily install the required improvements within one year from the date of approval of the development by the governing body, or to pay all liens in connection therewith, the governing body may declare the bond or other assurance forfeited and the county may install or cause the required improvements to be installed using the proceeds from the collection of the bond or other assurance to defray the expense thereof.
(c) The developer shall be responsible for the quality of all materials and quality of work. At the completion of the work, or not less than ten days prior to the release date of the bond or other assurance, the County Engineer shall make a preliminary inspection of the improvements to be made and submit a report to the governing body setting forth the conditions of such facilities. If all liens are paid and other conditions thereof are found to be satisfactory, the governing body shall release the bond or other assurance. If the condition of material or quality of work shows unusual depreciation or does not comply with the acceptable standards of durability, or if any outstanding liens are not paid, the governing body may declare the developer in default.
(9) Fees and costs paid by applicant. In connection with any application for a conditional use, the applicant shall pay to the county, within ten days of receipt of each invoice, all of the county’s out of pocket engineering and professional fees and costs incurred in connection with the independent professional review, inspection, testing and/or analysis of the proposed development or project, and the project during construction and upon completion of the same, including, without limitation, all plan and report review and inspections, and supervising and reviewing any required environmental assessment or environmental impact statement.
(10) Environment. Grouping and spacing of buildings and dwellings in residential areas shall provide for a restful and uncrowded environment. Landscaped areas shall be encouraged as the dominant features of the development. Areas not covered by buildings or by off-street parking space or driveways shall generally be planted into natural vegetation, lawn, trees and shrubs and otherwise landscaped and maintained in accordance with good landscape practice as approved on the final plan. Permanent automatic irrigation systems shall be installed when required by the Planning Commission to provide for maintenance of planted areas.
(11) Plans, plats and documents. Details of plans, plats and documents to be submitted showing the size of water lines, sewer lines and other domestic sewage disposal facilities, garbage and trash disposal, the quality of material and improvements, protection from adverse influences, lighting, landscaping, off-street parking, grading and other details of design and construction shall conform to standards as set forth in such resolutions pertaining to such standards as may be adopted by the Planning Commission.
(12) Standards and requirements. The development shall meet all standards and requirements of this chapter and all requirements of applicable ordinances.
(13) Character of district. The development shall be in keeping with the general character of the district within which it is to be located.
(14) Plan preparation. Depending upon the complexity of the project, the Planning Commission may require that plans for the development be prepared by a qualified professional team. In all cases, it is recommended that professional design and other assistance be obtained early in the program. It is the intent of the county that the developer solves his or her problems before approval is given and construction begins.
(15) Storm drainage facilities. Storm drainage facilities shall be so constructed as to protect residents of the development as well as adjacent property owners. Such facilities shall be of sufficient capacity to ensure rapid drainage and prevent the accumulation of stagnant pools of water in or adjacent to the development.
(16) Permits required. All structures required by this chapter to have building permits and all uses required to have use permits shall be inspected by the Building Official in accordance with procedures established by the Building Code, as adopted by the county and this chapter; provided, however, that no building permit for such structures or use permits shall be issued until the Planning Commission, or the Zoning Administrator if authorized by the Planning Commission and governing body, has issued a conditional use permit for the building site or use or have determined that a conditional use permit is not required by this chapter.
(Prior Code, § 8-8-5)
(F) Mobile home parks, mobile home subdivisions and recreational vehicle parks.
(1) Purpose and intent. The purpose and intent of this division (F) is:
(a) Variety; flexibility. To permit variety and flexibility in land development for residential purposes by allowing the use of mobile homes and recreational vehicles under certain conditions; and
(b) Promotion; protection. To require that mobile home and recreational vehicle developments will be of such character as to promote the objectives and purposes of this chapter; to protect the integrity and characteristics of the district contiguous to those in which mobile home parks are located; and to protect other land use values contiguous to or near mobile home or recreational vehicle developments.
(2) Location.
(a) Park, subdivision; exception. No mobile home shall be located anywhere within the corporate boundaries of the county, except in a licensed mobile home park or approved mobile home subdivision, or as temporary living quarters by conditional use permit. Emergency or temporary parking of any unoccupied mobile home outside a licensed mobile home park or mobile home subdivision will be permitted for a period not exceeding 24 hours. This limitation does not apply to unoccupied mobile homes in licensed mobile home sales areas.
(b) Recreational coaches. Recreational coaches which do not include facilities necessary to be “mobile homes,” as defined in § 155.008 of this code, shall not be used at any place within the established boundaries of the county, at any time, for living quarters, except in designated camping areas or recreational coach parks.
(c) Unoccupied recreational coaches. Recreational coaches which are unoccupied for living space may be temporarily stored on a private residential lot or larger parcel of land, provided they do not violate any required setbacks for front or side yards. Long-term storage of recreational coaches, maintenance operations, reconstruction or construction activities are permitted within enclosures only and in zoning districts allowing such uses.
(3) Standards and requirements.
(a) Review for compliance. The Planning Commission shall review the proposed development plan to determine its compliance with all portions of the county’s General Plan and, among other things, shall attempt to make sure that such development will constitute a residential environment of sustained desirability and stability, and that it will not adversely affect amenities in the surrounding area. Standards higher than the minimum standards contained in this chapter may be required if necessary for local conditions of health, safety and protection of property and to ensure that the development will mix harmoniously with contiguous and nearby existing and planned uses.
(b) Required facilities. The Planning Commission shall not approve any application for a mobile home park, recreational vehicle park or mobile home subdivision conditional use permit if the developer cannot provide required water supplies and facilities, waste disposal systems, storm drainage facilities, access or improvements or if the developer cannot assure that the development will be completed within 12 months, or if the Planning Commission or governing body determines there would be unusual danger of flood, fire or other hazard or if the proposed development would be of such character or in such a location that it would:
1. Create excessive costs for public services and facilities;
2. Endanger the health or safety of the public;
3. Unreasonably hurt or destroy the environment;
4. Cause excessive air or water pollution, or soil erosion; or
5. Be inconsistent with any adopted general or specific plan of the area in which it is to be placed.
(c) Specified standards and requirements. The development shall conform to the following standards and requirements:
1. The area shall be in one ownership, or if in several, the application for approval of the development shall be filed jointly by all owners of the property included in the plan;
2. A strip of land at least 15 feet wide surrounding the entire park shall be left unoccupied by mobile homes, recreational vehicles, storage buildings, service buildings, garages or any add-ons, and shall be planted and maintained in lawn, shrubs, trees, with an approved durable permanent wall or fence designed to afford privacy to the development;
3. All storage and solid waste receptacles outside the confines of any mobile home or recreational vehicle shall be housed in a closed structure compatible in design and construction to the mobile homes, and to any service buildings within the development; all patios, carports, garages and other add-ons shall be compatible in design and construction with the mobile home. The service buildings shall be constructed in accordance with standard commercial practice and kept in good repair as determined by the Zoning Administrator. In mobile home developments where units will be situated with long axis perpendicular to the street, streets will run in a north-south direction to the greatest extent possible. This is to promote solar orientation of the units; and
4. In addition to meeting the above requirements and conditions, and conforming to the other laws of the county, all mobile home parks, recreational vehicle parks and mobile home subdivisions shall also conform to all applicable state regulations. In the event of any conflict between said regulations and this section, this section shall take precedence where its regulations are more strict and the provisions of the state regulations shall take precedence where such regulations are more strict.
(d) Underground utilities. Every mobile home park, recreational vehicle park and mobile home subdivision shall provide underground utility service to every mobile home stand or lot as required by the Planning Commission, including, but not limited to, water, sewer, power, natural gas, telephone and television.
(e) Inspection and special regulation of mobile homes. Mobile homes are considered by the county to be less durable and less resistant to deterioration than are conventional homes; therefore, all mobile homes which are used for human habitation, whether conforming or nonconforming, and whether located in mobile home parks, in mobile home subdivisions or on bona fide farms or ranches, shall be subject to the following special regulations:
1. Permits are required for mobile home plumbing and electrical hookups, and such hookups shall be made only by licensed plumbers and electricians;
2. No mobile home may be placed on a permanent foundation without state-approved modification;
3. A certificate of compliance is required for all mobile homes within the county, whether occupied or awaiting occupancy, and may be obtained from the Building Official following an inspection wherein the mobile home is found to meet the safety, sanitary and structural standards adopted by the county. The state inspection certificate will be honored in lieu of a certificate of compliance;
4. Each mobile home may be inspected annually, or upon evidence of need, by the Building Official, to determine whether the structure is sound and being kept in a safe and sanitary condition for human habitation. During the inspection, the local Building Official may revoke the certificate of compliance or certificate in lieu thereof for cause, including, but not limited to, violation of the Fire or Sanitary Codes adopted by the county, substantial deterioration of structure so as to adversely affect the health or safety of the occupants or deterioration in appearance so as to be unsightly and to adversely affect the value of neighboring properties;
5. Upon the revocation of a certificate of compliance or certificate in lieu thereof, or a finding of noncompliance, the Building Official shall order the deficiencies corrected and a certificate of compliance obtained within 30 days; and
6. If such deficiencies are not corrected, or cannot be corrected, the mobile home shall be ordered vacated and removed from the premises upon which located and shall not thereafter be used for human habitation within the county unless all deficiencies are corrected and a certificate of compliance obtained.
(f) Compliance with other regulations. Any mobile home or recreational vehicle located in any permitted area shall comply with and conform to all other zoning laws, rules and regulations and Building, Plumbing, Electrical, Fire Prevention and all other Codes and requirements applicable to a structure or building erected within the district in which said mobile home or recreational vehicle is located.
(g) Guarantees.
1. For mobile home parks and recreational vehicle parks, adequate and reasonable guarantees must be provided as determined by the Planning Commission and governing body for permanent retention of open spaces and for the maintenance of roadways, storage facilities, service facilities and landscaping resulting from the application of these regulations. Guarantees shall be in the form of a bond, or a cash deposit, in the sum to be determined by the Planning Commission, which form must be approved by the governing body and the County Attorney. The basis for providing assurance of compliance will be a management plan developed by the applicant and approved by the Planning Commission and governing body that will outline standards of operation, remedies for failure to comply with those standards and a single responsible person or entity for its administration and dealing with the county.
2. In any case, when a mobile home park or recreational vehicle park is owned by more than one person, the developer shall establish and appoint a park manager. The manager shall be authorized to receive, process and represent fully the interests of the owners in respect to continuing management and maintenance of the park.
3. Prerequisite to the operation of any mobile home park or recreational vehicle park in the county shall be the obtaining of an annual business license from the county.
4. In the event a mobile home or recreational vehicle park is not completed according to approved plans or operated and maintained according to the approved management plan, the annual business license may be denied or revoked. The mobile homes or recreational vehicles and associated property and facilities shall be removed, and all services discontinued before any part of the land within the development planning area may be used for any other purpose or be subdivided.
5. The premises on which any mobile home is located, used or occupied shall be maintained in a clean, orderly and sanitary condition. The accumulation of any rubbish, waste, weeds, inoperative vehicles or other unsightly material thereon, shall constitute a public nuisance and a violation of this chapter. Reasonable guarantees to ensure compliance with this requirement will be required of the developer and/or owner as a condition of conditional use permit approval and ultimately the issuance of the annual county business license.
(4) Additional requirements for mobile home parks. In addition to the requirements for mobile home parks outlined in this division (F), mobile home parks shall meet the following requirements.
(a) Number; density. The number of mobile homes shall be limited to seven units per acre and may be limited to fewer units, depending on mobile home size, topography and other factors of the particular site. The mobile homes may be clustered; provided, that the total number of units does not exceed the number permitted on one acre, multiplied by the number of acres in the development. The remaining land not contained in individual lots, roads or parking shall be set aside and developed as parks, playgrounds and service areas for the common use and enjoyment of occupants of the development, and the visitors thereto.
(b) Setbacks. No home or add-on shall be located closer than ten feet from the nearest portion of any other home or add-on. All such homes and add-ons shall be set back at least ten feet from road curbs or walks. If the mobile home tongue remains attached, it shall be set back a minimum of six feet from road curbs or walks. All mobile homes, storage buildings, service buildings, garages, carports or other add-ons and the like, shall be set back at least 15 feet from any boundary of the mobile home park.
(c) Parking. Off-street parking shall be provided at the rate of two parking spaces per mobile home space, and each such parking space shall have a minimum width of ten feet and minimum depth of 20 feet. In no case shall the parking space be located farther than 100 feet from the mobile home space it is designed to serve.
(d) Security compound. A security compound for storage of vehicles, boats and other large items shall be provided equivalent to a minimum of 300 square feet of paved area per mobile home space, as approved by the Planning Commission.
(e) Bulk storage area. One-story bulk storage areas shall be provided within a mobile home park, equivalent to 60 square feet per mobile home space. The area designated for said bulk storage shall be improved, landscaped and screened as approved by the Planning Commission.
(f) Common area. Not less than 10% of the gross land area shall be set aside for the joint use and enjoyment of occupants in a park-like setting with both active and passive recreational accommodations. The land covered by vehicular roadways, sidewalks, off-street parking and required setbacks shall not be construed as part of this 10% common area required; provided, however, that in initial stages of development or special smaller developments, the minimum area shall be not less than one-half acre or 10%, whichever is greater.
(g) Lighting. Yard lighting with a minimum of 0.2 foot-candles of light shall be required for protective yard lighting the full length of all driveways and walkways.
(h) Landscaping. All areas not covered by mobile homes or recreational vehicles, hard surfacing or buildings shall be landscaped as approved by the Planning Commission, and such landscaping shall be permanently maintained.
(i) Surfacing of driveways and parking spaces. All off-street parking spaces and driveways shall be hard-surfaced before the adjacent spaces may be occupied.
(j) Roadways. The roadways shall be designed to accommodate anticipated traffic, including the following standards, unless modified by an approved planned unit development plan:
1. One-way traffic: A minimum of 15 feet in width plus extra width as necessary for maneuvering mobile homes;
2. Two-way traffic: A minimum of 30 feet in width;
3. Entrance roadways: A minimum of 36 feet in width;
4. Roadways: All roadways shall be hard-surfaced and bordered by 24-inch rolled gutters or an approved equivalent;
5. Sidewalks: 36-inch minimum width sidewalks shall be installed on all main roadways within the development, if required by the Planning Commission; and
6. Access: Each park shall have at least two accesses to public streets, unless more than one access is prohibited by a responsible public agency.
(k) Skirting. Within 45 days of occupancy, each mobile home shall be skirted or if shields are used, they are to be fireproof, well-painted or otherwise preserved.
(l) Storm drainage. Storm drainage facilities shall be so constructed as to protect residents of the development as well as adjacent property owners. Such facilities must be of sufficient capacity to ensure rapid drainage and prevent the accumulation of stagnant pools of water in or adjacent to the development.
(m) General appearance. The mobile home park shall:
1. Be in keeping with the general character of the district in which it is to be located;
2. Be located on a parcel of land not less than ten acres, or on two or more parcels separated by a street or alley only and totaling ten acres, unless modified by an approved planned unit development plan; and
3. Have at least 25 spaces completed, ready for occupancy, or an approved financing plan for construction and phase completion, together with approved security to ensure compliance, before first occupancy is permitted.
(n) Laundry. A laundry for convenience of park occupants, but not for the general public, may be included in mobile home parks.
(o) Term of rental. No mobile home space shall be rented for a period of less than 30 days, and occupancy shall be by written lease. Leases shall be made available for inspection by the officials of the county upon demand.
(p) Mobile home stands. Access shall be provided to each mobile home stand for maneuvering mobile homes into position. The accessway shall be kept free from trees and other immovable obstructions. Paving under mobile homes will not be required if adequate support is provided as required by state regulations. Use of planks, steel mats or other means to support the mobile home during placement shall be allowed, as long as the same are removed upon completion of placement.
(5) Additional requirements for recreational vehicle parks. In addition to the requirements for recreational vehicle parks outlined in herein, recreational vehicle parks shall meet the following requirements.
(a) Location. Recreational vehicle parks shall generally be located:
1. Adjacent to or in close proximity to a major traffic artery or highway;
2. Near adequate shopping facilities; and
3. Within or adjacent to a mobile home park.
(b) Common area. Not less than 10% of the gross land area shall be set aside for the joint use or enjoyment of occupants. The land covered by vehicular roadways, sidewalks and off- street parking shall not be construed as part of the 10% common area required for parks and playgrounds for occupants; provided, however, that in initial stages of development or in special smaller developments the minimum area shall not be less than one-half acre or 10%, whichever is greater.
(c) Lighting. Yard lighting with a minimum of 0.2 foot-candles of light shall be required for protective yard lighting the full length of all driveways and walkways.
(d) Landscaping. All areas not covered by recreational vehicles, hard surfacing or buildings shall be landscaped and permanently maintained pursuant to a plan approved by the Planning Commission.
(e) Surfacing of driveways and parking areas. All off-street parking spaces and driveways shall be hard-surfaced before the adjacent recreational vehicle spaces may be occupied.
(f) Roadways. The roadways shall be designed to accommodate anticipated traffic, including the following standards, unless modified by an approved planned unit development plan:
1. One-way traffic: A minimum of 15 feet in width, plus extra width as necessary for maneuvering recreational vehicles;
2. Two-way traffic: A minimum of 30 feet in width;
3. Entrance roadways: Minimum of 36 feet in width;
4. Roadways: All roadways shall be hard-surfaced and bordered by 24-inch rolled gutters or an approved equivalent;
5. Sidewalks: 36-inch minimum width sidewalks shall be installed on all main roadways within the development, if required by the Planning Commission; and
6. Access: Each recreational vehicle park shall have at least two accesses to public streets, unless more than one is prohibited by a responsible public agency.
(g) Term of rental. No individual space in a recreational vehicle park shall be used by one individual recreational vehicle for more than 90 days consecutively, nor shall such space be rented or leased to any one individual for a period longer than 90 days in any one calendar year.
(h) Storage areas. Recreational vehicles may be stored where permitted, but not used for permanent living quarters.
(i) Sales lots. Recreational vehicles may be stored, displayed, sold and serviced, but not used for living quarters, in a sales lot in an appropriate zoning district when such use is a permitted or a conditional use.
(j) Within mobile home parks. Recreational vehicles may be accommodated in an approved and licensed mobile home park; provided, that:
1. The recreational vehicle park portion of the development is separated by barriers, screens or otherwise from the area of mobile homes;
2. The recreational vehicle use area shall have direct access to a collector or arterial street; and
3. Separate ingress and egress shall be provided for recreational vehicles when required by the Planning Commission.
(k) Location of developments. Recreational vehicle parks may be approved by the governing body in locations permitting such use in this chapter. Before such approval is given, a report to the governing body by the Planning Commission shall find that the proposed development will:
1. Be placed on a parcel of land of not less than five acres, or within a mobile home park, unless modified by a planned unit development plan; and
2. Before first occupancy, have at least 25 spaces completed (ten if in a mobile home park), or an approved schedule of financing, construction and phase completion and approved security, to ensure compliance.
(6) Additional requirements for mobile home subdivisions. In addition to the requirements for mobile home subdivisions outlined herein, mobile home subdivisions shall meet the following requirements.
(a) Locations. Mobile home subdivisions may be approved by the governing body in locations permitting such use in this code. Before such approval may be granted, a report to the governing body by the Planning Commission shall find that the proposed development will:
1. Be located on a parcel of land containing not less than five acres;
2. Contain lots with a minimum net area of 5,000 square feet and a minimum width of 50 feet; and
3. Be organized in a homeowners’ association, if required by the Planning Commission.
(b) Security compound. The Planning Commission may require a security compound for the storage of vehicles, boats and other large items, to be provided equivalent to a minimum of 300 square feet of paved area per mobile home lot, to be maintained by a homeowners’ association in the mobile home subdivision.
(c) Skirting. Each mobile home shall be skirted or shielded within 45 days of occupancy. If shields are used, they are to be fireproof and painted, or otherwise preserved.
(d) Street width. Street widths shall be as required by the development regulations, except as may be modified by an approved planned unit development plan.
(e) Term of rental. No mobile home in a mobile home subdivision shall be rented or leased for a period of less than 90 days.
(Prior Code, § 8-8-6)
(G) Landfills and land excavations.
(1) Purpose and intent. This division (G) is adopted to promote public safety and the general public welfare; to protect property against loss from erosion, earth movement and flooding; to maintain a superior community environment; to provide for the continued orderly growth of the county; and to ensure the maximum preservation of the natural scenic character of major portions of the county by establishing minimum standards and requirements relating to land grading, excavations and fills and procedures by which these standards and requirements may be enforced. It is intended that this division (G) be administered with the foregoing purposes in mind and specifically in an attempt to:
(a) Ensure that the development of each site occurs in a manner harmonious with adjacent lands so as to minimize problems of drainage, erosion, earth movement and similar hazards;
(b) Ensure the public lands and places, watercourses, streets and all other lands in the county are protected from erosion, earth movement or drainage hazards;
(c) Ensure that the planning, design and construction of all development will be done in a manner which provides maximum safety and human enjoyment and except where specifically intended otherwise, makes such construction as unobtrusive in the natural terrain as possible; and
(d) Ensure, insofar as practicable, the maximum retention of natural vegetation to aid in protection against erosion, earth movement and other hazards and to aid in preservation of the natural scenic qualities of the county.
(2) Permit required; exceptions.
(a) No person shall commence or perform any grading or excavation, including those in gravel pits and rock quarries, in excess of the limits specified below without first obtaining a conditional use permit for such grading or excavation.
(b) In this division (G), all references to conditional use permit shall mean a conditional use permit for grading or excavation. (See also the Building Code.)
(c) A conditional use permit shall be required in all cases where development comes under any one or more of the following provisions, unless such work is otherwise exempted elsewhere in this section:
1. Excavation, fill or any combination thereof exceeding 1,000 cubic yards;
2. Fill exceeding five feet in vertical depth at its deepest point measured from the adjacent undisturbed ground surface;
3. An excavation exceeding five feet in vertical depth at its deepest point;
4. An excavation, fill or combination thereof exceeding an area of one acre; and
5. Vegetation removal from an area in excess of one acre.
(d) A conditional use permit shall not be required in the following cases:
1. Excavations below finished grade for which a building permit is required and has been issued by the county, including, but not limited to, the following:
a. Septic tanks and drainfields;
b. Tanks;
c. Vaults;
d. Tunnels;
e. Equipment basements;
f. Swimming pools;
g. Cellars; or
h. Footings for buildings or structures.
2. Excavation or removal of vegetation within property owned by public utility companies or within public utility easements by public utility companies;
3. Removal of vegetation as a part of the work authorized by an approved building permit;
4. Tilling of soil or cutting of vegetation for agricultural or fire protection purposes;
5. Commercial quarries operating with valid conditional use permits and/or in appropriate Industrial Zones as provided for in this chapter;
6. Engineered interior fills or surcharge on the property with respect to industrial development;
7. Items not covered by this section which are exempted from required permits by this chapter and the Building Code of the county; and
8. Grading and/or excavation done pursuant to an approved final subdivision plan.
(3) Responsibility. Failure of the county officials to observe or recognize hazardous or unsightly conditions, or to recommend denial of the conditional use permit, or of the Planning Commission to deny said permit, shall not relieve the permittee from responsibility for the condition or damages resulting therefrom.
(4) Retention of plans. Plans, specifications and reports for all excavation conditional use permit applications submitted to the county for approval shall be retained by the county for a minimum period of two years.
(5) Inspections.
(a) The Zoning Administrator and Building Official, with assistance from the County Engineer, shall make the inspections hereinafter required and shall either approve that portion of the work completed or shall notify the permittee wherein the same fails to comply with this section. Where it is found by inspection that conditions are not substantially as stated or shown in the conditional use permit application, the inspector may stop further work until and unless approval is obtained for a revised grading plan conforming to the existing conditions.
(b) Plans for grading work, bearing the stamp of approval of the Planning Commission, shall be maintained at the site during the progress of the grading. Until the final inspection is made, a card issued by the county indicating permission to grade has been granted shall be prominently displayed near the front property line of the property involved so as to be visible from the street on which the property fronts.
(c) In order to obtain inspections, the permittee shall notify the county at least 24 hours before said inspection is to be made.
(d) Inspections shall be made.
1. Before commencement of grading operations and after required construction stakes have been set;
2. When all rough grading has been completed; and
3. When all work, including installation of all drainage and other structures and required planting has been completed.
(6) Standards and specific requirements.
(a) Applicability. All grading and excavation shall comply with the requirements set forth in this section in addition to other requirements of this chapter.
(b) Hours and days of operation.
1. All grading and excavation in or contiguous to residential neighborhoods shall be carried on between the hours of 7:00 a.m. to 5:30 p.m. The Zoning Administrator may waive this requirement if it is shown that restricting the hours of operation would unduly interfere with the development of the property and it is shown that other properties or neighborhood values would not be adversely affected.
2. All grading and excavation in or contiguous to residential neighborhoods shall be carried on only Monday through Friday during the week.
(c) Dust and dirt control. All graded or disturbed surfaces of excavations, and all equipment materials and roadways on the site shall be dampened or suitably treated, managed or contained to prevent the deposit of debris, dust or dirt on neighboring streets and properties; all materials transported to or from the site shall be so contained during transportation as to prevent spillage on streets or other property outside of the site.
(d) Slopes. The Zoning Administrator may require the percent of slope of a cut or fill to be reduced if it is found that the cut or fill is subject to unusual or excessive erosion, or if other conditions make such requirements necessary for stability. The Zoning Administrator may permit steeper slopes where the material being cut is unusually stable.
(e) Fill material. All fill, except in publicly approved refuse disposal or other landfill operations, shall be earth, rock or other inert materials free from organic material and free of metal, and except that topsoil spread on cut and fill surfaces may incorporate humus for desirable moisture retention and plant growth properties.
(f) Drainage. Adequate provisions shall be made to prevent any surface waters from damaging the cut face of an excavation or any portion of a fill. All drainageways and structures shall carry surface waters without producing erosion to the nearest practical street, storm drain or natural watercourse acceptable to the County Engineer as a safe place to deposit and receive such waters. The County Engineer may require such drainage structures to be constructed or installed as necessary to prevent erosion damage or to prevent saturation of the fill or material behind cut slopes.
(g) Finished cuts and slopes. The exposed or finished cuts or slopes of any fill or excavation shall be smoothly graded. All exposed slopes of any cut or fill shall be protected by approved planting, crib walls or walls and planting, terracing or combination thereof.
(h) Backfilling. Any pipe trench or other trenching or excavation made in any slope of any excavation or filled site shall be backfilled and compacted to the level of the surrounding grade.
(i) Compaction of fills. Unless otherwise directed by the Zoning Administrator, all fills governed by this chapter intended to support buildings, structures or where otherwise required to be compacted for stability, shall be compacted, inspected and tested in accordance with the following provisions:
1. The natural ground surface shall be prepared by removal of topsoil and vegetation and, if necessary, shall be graded to a series of terraces;
2. The fill shall be spread in a series of layers, each not exceeding six inches in thickness, and shall be compacted by “sheepsfoot” roller compactor (after each layer is spread) or other method acceptable to the County Engineer;
3. The moisture content of the fill material shall be controlled at the time of spreading and compaction to obtain required maximum density;
4. The fill material after compaction shall have an average dry density of not less than 95% of maximum dry density and a minimum of 90% in all portions of the fill requiring compaction as determined by the AASHO soil compaction test method T99-57 or T180-57, or other testing method acceptable to the County Engineer and Zoning Administrator;
5. A written report of the compaction, showing location and depth of test holes, materials used, moisture conditions, recommended soil bearing pressures and relative density obtained from all tests, prepared by a civil engineer or soils engineer licensed by the state, shall be submitted to the Zoning Administrator or County Engineer; and
6. The Zoning Administrator may require additional tests or information if, in his or her opinion, the conditions or materials are such that additional information is necessary and may modify or delete any of the above listed requirements that in his or her opinion are unnecessary to further the purpose of this chapter.
(j) Erosion control and landscaping. All cut and fill surfaces created by grading, except for firebreak purposes, shall be planted with a ground cover that is compatible with the natural ground covers in the county. Topsoil is to be stockpiled during rough grading and used on cut and fill slopes. When slopes too steep to support continuous ground cover have been permitted and in lieu thereof niches and ledges provided for planting, such slopes need not be planted with a continuous ground cover but may instead be screened with vines and plantings. Cuts and fills along public roads may be required to be landscaped so as to blend into the natural surroundings. All plant materials must be approved by the Planning Commission prior to issuance of a conditional use permit.
(k) Filling for agricultural and fire protection purposes. Filling of the ground for agricultural or fire protection purposes shall be accomplished with such practices as will prevent erosion and damage to natural drainage channels.
(l) Final inspection.
1. If upon final inspection of any grading it is found that the work authorized by the conditional use permit has been satisfactorily completed in accordance with the requirements of this chapter, and any other requirements imposed, the Zoning Administrator shall so record in the record.
2. The Zoning Administrator shall have the power to revoke any conditional use permit whenever it is found that the work covered by the certificate has been materially extended or altered without prior approval, or that any planting, retaining walls, cribbing, drainage structures or other protective devices as shown on the approved plans and specifications submitted with the application for a permit have not been maintained in good order and repair.
3. Before such revocation, the Zoning Administrator shall first give written notice to the owner of the property involved, specifying the defective condition and stating that unless such defective condition is remedied satisfactorily, the conditional use permit may be revoked. If the defective condition is remedied to the satisfaction of the Zoning Administrator, the certificate shall not be revoked.
(m) Special precautions. Special precautions shall be taken to preserve life, property values, stable soils conditions and aesthetics, including, but not limited to, the following:
1. Requiring a more level exposed slope, construction of additional drainage facilities, berms, terracing, compaction or cribbing, installation of plant materials for erosion control, and reports of a registered soils engineer and/or engineering geologist whose recommendation may be made a requirement for further work. Such requirement by the Zoning Administrator shall constitute a change order in the work; and
2. Where it appears that storm damage may result from work performed hereunder, such work may be stopped and the permittee required to take such measures as may be necessary to protect adjoining property or the public safety. On large operations or where unusual site conditions prevail, the Zoning Administrator may specify the time at which grading may proceed and the time of completion or may require that the operation be conducted in specific stages so as to ensure completion of protective measures or devices prior to the advent of seasonal rains.
(n) Excavations. All excavations shall be limited as follows:
1. No cut slope shall exceed a vertical height of 100 feet unless horizontal benches with a minimum width of 30 feet are installed at each 100 feet of vertical height. No excavation shall be made with a cut face steeper in slope than two horizontal to one vertical;
2. The land use authority may permit the excavation to be made with a cut face steeper in slope than two horizontal to one vertical if the applicant can reasonably show that the material making up the slope of the excavation and the underlying bedrock is capable of holding satisfactorily on a steeper gradient. No slopes shall be cut steeper than the bedding planes, fault or joint in any formation where the cut slope will lie on the dip side of the strike line of the fracture, bedding plane, fault or joint. No slopes shall be cut in an existing landslide, mudflow or other form of naturally unstable slope, except as recommended by a qualified geological engineer after conducting a site-specific geologic hazards study. Geologic hazards studies shall meet the minimum requirements of § 155.230 of this code. Where the excavation is exposed straight above the top of the cut which will permit the entry of water along bedding planes, this area shall be sealed with a compacted soil blanket having a minimum thickness of two feet. The soil for this blanket shall be relatively impervious and must be approved for such use by the engineering geologist. If the material of the slope is of such composition and character as to be unstable under the anticipated maximum moisture content, the slope angle shall be reduced to a stable value; and
3. No excavation for construction of new utility and telephone lines shall be made in paved streets within five years after paving. During said five-year period, tunneling under such streets may be authorized if otherwise in compliance with this section, where to do so would facilitate construction of new utility and telephone lines, or maintenance unless approved by the County Engineer.
(o) Fills.
1. All fills shall be limited as follows: No fill slope shall exceed a vertical height of 100 feet, unless horizontal benches with a minimum width of 30 feet are installed at each 100 feet of vertical height.
2. The land use authority may permit a fill to be made which creates an exposed surface steeper in slope than two horizontal to one vertical if the applicant can reasonably show that the strength characteristics of the material to be used in the fill are such as to produce an equivalent degree of slope stability and sufficient strength characteristics to support the fill within reasonable settlement values so as to produce an equivalent degree of safety.
(p) Prohibited activities.
1. The provisions of this division (G) shall not be construed as permitting the removal of topsoil solely for resale, or of permitting quarrying of any site within the limits of the county, unless in a zoning district allowing such activities.
2. This division (G) shall also not be construed as authorizing any person to maintain a private or public nuisance upon his or her property, and compliance with the provisions herein shall not be a defense in any action to abate such nuisance.
(Prior Code, § 8-8-7)
(H) Restricted lots. No building permits shall be issued for construction of any building or structure to be located on a restricted lot or parcel, unless the permit complies with all of the requirements pertaining to the specific restrictions in place on the lot or parcel and the county’s subdivision regulations.
(Prior Code, § 8-8-8)
(Ord. 10-11, passed 6-15-2010; Ord. 10-16, passed 12-14-2010; Ord. 10-17, passed 12-14-2010; Ord. 11-03, passed 3-1-2011; Ord. 12-04, passed 5-1-2012; Ord. 14-08, passed 12-4-2014)
§ 155.368 SIGNS.
(A) Purpose and intent.
(1) It is the purpose of this section to regulate signs and to authorize the use of signs that are compatible with their surroundings, are legible under the circumstances in which they are seen, are effective in indexing the environment and are conducive to promoting traffic safety and the convenience and enjoyment of public travel by preventing visual distraction; protecting pedestrians; attracting tourists to the town; preserving and enhancing property values; establishing first-class Business and Commercial Districts; and eliminating fire hazards.
(2) It is also the intention and purpose of this section to promote short- and long-term civic beauty and order by establishing standards and regulation for sign design, location, size, type, compatibility and aesthetics. By doing so it is hoped this section will help to create streetscapes that are functional and attractive to both residents of the county, as well as visitors.
(Prior Code, § 8-10-1)
(B) Scope.
(1) The intent is to regulate the design and placement of commercial and governmental identification/communication devices and structures that are built specifically to identify, inform and direct patrons to a particular merchant, store, establishment or service. It is not the intent of this section to regulate the content of public speech.
(2) The regulations of this section are intended to apply to on-premises signs, but do not apply to handheld placards and other similar devices traditionally used for public protest and the exercise of free speech. Any noncommercial message may be substituted for any commercial message permitted under this section.
(Prior Code, § 8-10-2)
(C) Interpretation.
(1) In interpreting and applying the provisions of this section, the sign regulations contained herein are declared to be the maximum allowable for the purposes set forth.
(2) If the community development staff determines that an application needs further interpretation, he or she may request Planning Commission review of the proposal.
(Prior Code, § 8-10-3)
(D) Enforcement. Any sign not expressly allowed by this section is prohibited. The Zoning Administrator or authorized representatives shall be vested with the duty of enforcing this section and in performance of such duty, shall be empowered and directed to:
(1) Issue permits. To issue permits to construct, alter or repair signs which conform to the provision of this chapter. The expiration date for such permits shall be 180 days in conjunction with building permits;
(2) Determine conformance. To ascertain that all signs, construction and all reconstructions or modification of existing signs are built or constructed in conformance with this chapter by conducting:
(a) Initial inspection after construction. The Building Inspector, under the direction of the Zoning Administrator, may make an initial inspection upon the completion of construction, erection, reerection or remodeling of any sign for which a permit has been issued and an inspection request is made. This shall also include the inspection of temporary electrical signs; and
(b) Reinspection (if necessary). The Zoning Administrator or authorized representative may make a reinspection of any sign for which a permit was issued but which upon primary inspection was not built in complete compliance with the regulations of this section.
(3) Legal action. The Zoning Administrator shall be empowered to institute any appropriate action or proceeding in any case where any sign is illegally erected, constructed, reconstructed, altered, repaired, converted or maintained, or in any case where any sign is used in violation of any county ordinance.
(Prior Code, § 8-10-4)
(E) Prohibited sign devices. The following devices used to attract pedestrian or vehicular attention are prohibited in any zone. Any sign not specifically allowed in this section is also prohibited:
(1) Hot or cold air balloons, or inflatables, except as specifically allowed by this section for temporary signs or as part of a grand opening period or special promotion;
(2) Any sign which flashes, blinks, uses chaser lights or the like or moves in any way, animate or inanimate. Subtle lighting changes of low intensity are allowed;
(3) Statuary bearing the likeness or suggestion of any product or logo;
(4) Projecting sign;
(5) Roof sign;
(6) Wind sign;
(7) Temporary sign;
(8) Graffiti;
(9) Spotlights directed into the night sky, except as part of an approved promotional period for temporary sign;
(10) Off-premises signs, except as specifically allowed herein; and
(11) Billboards.
(Prior Code, § 8-10-5)
(F) Signs allowed without permit.
(1) All zones generally. The following signs are allowed in any zone (except on public property) district without the requirement of a sign permit:
(a) Directional or instructional signs. Signs which provide direction or instruction and are located entirely on premises and which do not in any way advertise a business shall not exceed four square feet in area or four feet in height. These signs may identify restrooms, public telephones or walkways; or shall provide direction such as parking lot entrance and exit signs and those of a similar nature;
(b) No trespassing or no dumping signs. No trespassing or no dumping signs may not exceed 16 square feet in area for a single sign or are limited to four signs at four square feet for each lot, unless the Community Development Director finds more signs are required to prevent violation;
(c) Plaques. Plaques or nameplate signs not more than two square feet which are fastened directly to the building;
(d) Symbols or insignia. Religious symbols, commemorative plaques of recognized historical agencies; or identification emblems of religious orders or historical agencies; provided, that no such sign shall exceed eight square feet in area; and provided further, that all such signs be placed flat against the building;
(e) Neighborhood identification signs. In any zone district, a sign, masonry wall, landscaping and other similar materials or features may be combined to form a display for neighborhood identification; provided, that the legend of such sign or display shall consist of only the neighborhood name and/or address;
(f) Institutional uses. Churches, public schools, public utility companies, libraries, governmental buildings, parks, public golf courses and the like, are allowed one monument sign of 32 square feet. If the institution has more than one frontage and is located on an arterial street, then an additional sign of the same size is allowed;
(g) Flags. The flags, emblems or insignia of any nation or political subdivision. Corporation flags may not exceed 12 square feet and may be flown in tandem with the state or national flag. Large flags flown in high wind may cause a noise nuisance and are subject to removal upon investigation;
(h) Public necessity signs. Signs installed by a unit of the government for control of traffic and other regulatory purposes; including street signs, hospital signs, directional or warning signs for public service companies, utilities or institution, or signs erected by or on the order of a public officer in the performance of his or her public duty;
(i) Memorial signs. Memorial signs or tablets with the names of buildings and date of erection cut into any masonry surface or inlaid so as to be part of the building;
(j) Notice bulletin boards. Notice bulletin boards not over 32 square feet in area for medical, public, charitable or religious institution; where the same are located on the premises of such institution and are oriented solely to the interior of the property and are not used to direct exterior vehicular attention to any product or service of the institution;
(k) Holiday decorations. Noncommercial signs of a primary decorative nature, clearly incidental and customary and commonly associated with any nation, local or religious holiday. Such signs may be of any type, number or area and shall be contained entirely within the boundaries of the lot or premises on which they are erected and should be placed so as to avoid confusion with authorized traffic lights and signals and shall conform to traffic safety standards. They shall be removed within a reasonable period after the holiday is over;
(l) Changing copy. The changing of the message on a permitted sign that has an approved marquee, reader board, electronic message center or other replaceable copy area;
(m) Political or campaign signs. In addition to signage otherwise authorized by this section, political or campaign signs on behalf of candidates for public office or measures on election ballots are allowed as follows:
1. Said signs for all candidates, regardless of participation in a primary election, may not be erected earlier than 30 days prior to a primary election and shall be removed by the Monday following a general election. Candidates who lose a primary election shall remove signs by the Monday following the primary election. Signs relating to elections on special issues may be installed and must be removed on the same basis;
2. Any one sign shall not exceed 64 square feet in aggregate area and, if freestanding, shall not exceed eight feet in height. Such sign shall not be erected in a manner as to constitute a roof sign. Signs may not be placed on public property, in a public right-of-way or in any place which would impede traffic visibility or safety. Signs along unimproved roadways may not be placed closer than ten feet to the edge of the paved surface; and
3. Campaign signs may not be placed closer than 150 feet to buildings where any official voting station is located.
(n) Agricultural/ranch identifications signs. Signs naming or identifying an individual farming or ranching property shall be permitted at the entrance to said property without limitation to size or location; and
(o) Community signs. Community signs require review by the Community Development Department, including recommendation of the County Engineer and/or other pertinent county department, for compliance with the following criteria:
1. No sign shall be permitted which is unsafe for vehicular or pedestrian traffic, is inappropriate with respect to location, size, time or duration of display or is maintained in a deteriorated condition. Such sign:
a. Must be made of durable, weather resistant material;
b. Must use logos or symbols instead of copy where possible, where copy would cause a distraction to vehicular traffic; and
c. May be located at various gateway areas to the county, along major streets and important intersections adjacent to nonresidential properties as approved by the Community Development Department.
2. Such signs shall be uniform in size for each individual display and shall be no larger than four feet wide and ten feet tall for signs attached to light or utility poles. Signs attached to a building may be larger but must be appropriate in scale and location as approved by the Community Development Department;
3. Freestanding community signs shall be allowed on parcels with the permission of the owner and approval of the County Planner. The size of the sign depends on the number of acres involved on the property according to the following size and height standard:
Less than 5 acres | 32 square feet |
5 to 10 acres | 64 square feet |
10 to 20 acres | 96 square feet |
20 or more acres | 128 square feet |
Maximum height | 15 feet |
4. Such signs may not be attached to another temporary sign or a permanent traffic or business sign;
5. Such signs may be part of a rotating permanent feature of the county or community for such events as:
a. Fair days;
b. Holidays;
c. Cultural and/or arts events;
d. Changes in seasons; and
e. General community promotion; i.e., business, with the prohibition of commercial endorsement or name on any such sign.
6.
Such signs for any single purpose or event may not be displayed for more than 180 days.
(2) Residential Zones. It is recognized that signs announcing the location, availability or development of property are necessary. Restraint is advised. The following shall apply:
(a) On-premises development identification signs.
1. Individual lots. One sign announcing the name of the construction/development company is allowed. Area of the sign may not exceed 16 square feet nor six feet in height. The sign may not be erected more than five days prior to the beginning of construction for which a valid building permit has been issued. It must be removed before final occupancy;
2. Subdivisions. One development promotional sign may be placed on the premises of each development having five or more lots or approved unit sites in any Residential Zone. The size allowed for the sign depends on the number of lots to be developed:
5 to 24 units (lots) | 64 square feet |
25 to 49 units | 96 square feet |
50 or more units | 128 square feet |
Maximum height | 12 feet |
3. Removal. Such signs shall be removed within five years of the issuance of the first building permit in the project, or, if the lots are sold out before five years, immediately upon sale of the last lot.
(b) On-premises real estate signs.
1. Signs advertising the sale, rent or lease of property shall be limited to one real estate sign on each lot. Each such sign shall not exceed six square feet in size and six feet in height;
2. One real estate sign per street frontage is allowed for any multi-use residential or professional office building or lot intended for such and may not exceed 32 square feet in area or eight feet in height. If the parcel is over two acres in size, the sign may not exceed 64 square feet; and
3. Model home signs shall not exceed 16 square feet in area nor exceed six feet in height and shall be placed entirely upon the premises of the model.
(c) Temporary/open house real estate signs.
1. Open house signs shall not to exceed six square feet in area and four feet in height, advertising real estate open for inspection may be placed on private property in the vicinity of the property open for inspection. They shall not be placed in the park strip. They shall not be attached to trees, poles or street signs and the like; and
2. Open house signs shall be displayed only during those hours/days which the house is open for actual inspection.
(d) On-premises signs for home occupations and home-based business occupations in Residential Zones. Home occupations may need some form of identification. Because of their nature and restrictions on the intensity of use, they are not required to obtain a permit. Signs shall be limited to one nonflashing sign not larger in area than six square feet. If lighted, the sign shall be diffused or shielded.
(3) Commercial and Industrial Zones. It is recognized that signs announcing the location, availability or development of property are necessary. Because these are allowed with a permit, restraint is advised.
(a) On-premises development identification signs. Signs announcing or identifying the future development of commercial or industrial property are allowed one per public or private street frontage. The signs may not be erected before the proposed development has been submitted for site plan review. They must be removed before final inspection or before permanent signs are installed. The size of the sign depends on the number of acres involved in the project:
Less than 2 acres | 32 square feet |
2 to 5 acres | 48 square feet |
5 to 10 acres | 64 square feet |
10 to 20 acres | 96 square feet |
More than 20 acres | 128 square feet |
Maximum height | 15 feet |
(b) On-premises real estate signs.
1. One on-premises real estate sign advertising the sale of property per street frontage is allowed for any commercial or industrial planned center, building or lot intended for such, and may not exceed 32 square feet in area or eight feet in height. If the parcel is over two acres in size, the sign may not exceed 64 square feet. Individual pads or parcels within centers are allowed their own sign, but it may not exceed 16 square feet or six feet in height.
2. One on-premises sign advertising the availability of commercial or industrial space, for lease or sale, for space within a multi-tenant building or for a pad within the same center is allowed. The sign must be securely attached to the vacancy in question. It may not exceed 24 square feet in area.
(c) Other allowed signs.
1. Menu boards: Menu boards for drive-in restaurants are to be reviewed and approved by the Community Development Department at site plan review. The following shall apply although the Planning Commission may approve them at different locations depending upon circumstances:
a. Only two menu boards are allowed per site and must be located behind the front landscaped setback area; and
b. Maximum areas shall not exceed 35 square feet per sign and six feet in height.
2. Gasoline price signs: One double faced sign per station. The area of said sign may not exceed 16 square feet.
(Prior Code, § 8-10-6)
(G) Signs requiring a permit.
(1) Purpose; streetscape.
(a) The streetscape is the combination of vehicles, buildings, signs, landscaping, roads, utility poles and the like, that dominate the view of the driver or pedestrian. The streetscape tells residents and visitors how the county as a whole feels about the environment, safety, aesthetics and its sense of order, among other things. A useful, attractive and safe streetscape is one that necessarily regulates the size, location and design of business signs. Because a proliferation of poorly designed, oversized and inappropriately located signs in commercial and industrial areas can be detrimental to the achievement of effective, safe and attractive streetscapes, it is important that the permanent signs in these areas receive approval (permits) from the county.
(b) Commercial and industrial uses are generally more intensive than those found in Residential Zones. Since these uses are designed by size, location and style to attract attention and provide services to the public, they generally need signage to achieve that end. Business signs of any kind in residential neighborhoods can diminish the quality of life for which those zones were specifically created. However, there may be some residential uses which merit a sign, though much smaller and subdued than in Commercial or Industrial Zones.
(c) Therefore, it is the intent and purpose of this division (G) to outline regulations and design standards for signs in both commercial/industrial and residential areas that will allow the business to identify itself while allowing the county to create and maintain safe and aesthetically pleasing streetscapes regardless of zone.
(2) Sign theme required. All multi-tenant centers/buildings must submit a proposal for all on-premises signs to the Planning Commission for design and placement approval. In cases for parcels of land of seven acres or larger, and with frontage of 300 feet or more, a proposal for the overall design and placement of all on-premises signs may be submitted. Such signs may vary from the regulation set forth herein and shall be considered as a conditional use, providing there is a determination that the proposed sign exceptions are not in conflict with the purpose and intent of this section and are in architectural harmony with uses adjacent to the development and with the understanding existing signage may be required to be altered or removed.
(3) Freestanding signs. The size and height of freestanding signs are allowed as follows.
(a) Planned centers or parcels less than one acre: No freestanding signs allowed. Only monument signs are allowed unless a conditional use permit is issued by the Planning Commission.
(b)
One acre or more: The Community Development Department may approve one freestanding sign per street frontage. No freestanding sign shall be allowed for any planned center or parcel that has less than 100 feet of street frontage. Sign height may not exceed 35-feet. Signs must be at least 25 feet from the comer. Sign area may not exceed two (2) square foot per linear foot of building frontage. Leading edge of the sign shall be setback a minimum of five (5) feet from the property line.
(c) Reader boards, changeable copy areas and electronic message centers are allowed, but are discouraged. No such device shall exceed 50% of the total sign copy area of the sign.
(d) A 36 square foot tenant sign shall be allowed for each tenant within the development.
(4) Monument signs. The following standards shall apply.
(a) Monument signs are allowed for any size parcel; provided, that the parcel has 30 feet of street frontage. The sign area allowed is one (1) square foot per linear foot of building frontage. maximum height of each monument sign shall be 12 feet. Parcels with two street frontages are allowed a sign on each street. However, the signs must be separated by at least 100 feet as measured diagonally across the property from center to center of both signs, or only one sign will be allowed. Signs within the clear view area of the comer are prohibited. Leading edge of the sign shall be setback a minimum of five (5) feet from the property line.
(b) Reader boards (changeable copy areas) and electronic message centers may be allowed; however, such devices shall not exceed 50% of the total sign area.
(c) A 36 square foot tenant sign shall be allowed for each tenant within the building.
(5) Wall signs. Wall signs should be the primary form of identification for business uses in the county. Each business is entitled to one wall sign if the following criteria are met.
(a) The sign may not occupy more than 15% of the flat wall area.
(b) Painted signs applied directly to the building face must have specific approval of the Community Development Department.
(c) Wall signs with changeable copy, reader board or electronic message capability are not allowed.
(d) Buildings or businesses with exposure on the sides and front may choose which wall to mount their sign upon. Signs are allowed on the rear of the building with Planning Commission approval.
(e) A sign on a third and fourth wall must be approved by the Planning Commission.
(f) Owners of buildings that have small offices inside, accessory and/or secondary to the main use, are required to create a building identification sign instead of trying to obtain signage of every tenant. This is especially true for buildings with two or more levels.
(g) Wall signs on sloping roofs shall be erected so as to appear as a sign applied to similarly vertical wall surface and finished in such a manner that the visual appearances from all sides is such that they appear to be part of the building itself. All such signs shall be installed or erected in such a manner that there is no visual support structure such as guy wires or braces.
(h) No part of any wall sign or of the sign structure shall project above or below the highest or lowest part of the wall upon which the sign is mounted or painted.
(i) No wall sign, including any light box or structural part, shall project more than 18 inches from the face of the building to which it is attached.
(6) Suspended signs. Suspended signs used in place of wall signs are allowed if the architecture of the building or planned center lends itself to that design and a sign theme is submitted and approved. The following shall apply.
(a) The Community Development Department must review any proposal for a suspended sign for compatibility with the building.
(b) Any sign may not exceed 15% of the flat wall of the tenant space.
(c) No sign may project beyond the outside limit of the arcade, marquee or canopy or facade to which they are attached.
(d) Any sign must have at least an eight-foot clearance above the sidewalk or seven feet above any landscaped area.
(e) There must be a minimum horizontal distance of five feet on both sides between suspended signs.
(7) Awning signs. Awning signs are allowed only under the following circumstances.
(a) The Community Development Department may approve any applicant for an awning sign which fully complies with sign standards.
(b) Awning signs in planned centers must be designed to conform to an approved sign theme.
(c) No awning signs will be allowed on multi-tenant buildings or in planned centers unless the building or center has consistent treatment.
(d) Awning signs shall be limited to single-story buildings or to the first level only of multi-story buildings.
(e) Awning signs must function as true awnings by being placed over a doorway, window or walkway to protect such from the elements.
(f) Awning signs are not allowed on or above sloping or mansard roof.
(g) The area of awning signs shall be a maximum of 15% of the primary wall upon which the sign is mounted. Awning signs for secondary walls are limited to 5% of the wall area.
(h) Area of copy/logo on awnings shall be limited to 40% of the awning. Illuminated signs on other sides of the building shall be permitted.
(i) Awning signs shall conform to the Building Code governing such structures.
(j) Illuminated (backlit), translucent, vinyl awnings are not permitted. Translucent letters or accents sewn into opaque canvas or acrylic awnings are permitted.
(k) Awning signs shall not project out from the wall more than eight feet, nor less than two feet. In the case of entrance canopies, the awning may project out from the building over a walkway and must lead to a bona fide business entrance. Such canopies will be permitted if they are compatible with the architecture of the building.
(l) Awning signs shall not project above the “roofline,” defined as the highest part of the vertical wall.
(m) Awning signs shall maintain a minimum clearance of seven feet to the bottom of the valance and eight feet to the frame above the sidewalk and comply with all other clearance requirements.
(n) Awning signs shall be maintained in a clean, safe and attractive condition. Failure to do so will result in revocation of the sign permit.
(8) Canopies (gas stations). Signs for canopies over gas islands are regulated as follows.
(a) Sign copy, corporate logos and the like, may be a maximum of 15% of one face of the canopy.
(b) Up to three sides of the canopy may be used for signs.
(c) The height to the top of the canopy may not exceed 20 feet from grade and no canopy fascia may exceed four feet in height.
(d) Individual letters, logos or symbols may not exceed four feet in height or project out from the surface of the canopy more than 18 inches or project above or below the canopy face.
(e) Gas price signs are allowed on the monument sign or below the canopy over the pumps. One double faced sign for each type of fuel sold is allowed per gas island with a maximum of four sets per station. Area of said sign may not exceed four square feet each.
(9) Illumination.
(a) Sign illumination may be cast directly onto the face of the sign; provided, that such illumination does not adversely affect pedestrian and/or vehicular traffic. Whenever a sign face is illuminated by an external source, light shall be concentrated on the sign face. The amount of light cast to the areas other than the sign shall be reduced to the extent possible. All external illumination sources shall be shielded from public view. On all internally illuminated freestanding, wall mounted and projecting signs, light shall be transmitted only through the material that comprise the letters located within the display area. No interior light source shall be visible to the exterior. No sign shall contain copy which consists of illuminated bulbs or individual lights or light sources.
(b) Lighting for all exterior signs, whether lettering is internally backlighted or light is cast onto the face of the sign, shall comply with the lighting standards established herein.
(Prior Code, § 8-10-7)
(H) Temporary signs.
(1) Standards for temporary signs. Temporary signs shall not be placed in or over a public right-of-way, may not flash, blink, spin, rotate, block traffic visibility, constitute a vehicular or pedestrian traffic hazard or cause a public nuisance of any kind. They shall not be attached to telephone poles, fences or trees. They must be firmly secured to the building or ground. Temporary signs may be attached to existing permanent signs only for the grand opening period. Temporary signs may cover or obscure an existing permanent sign only if the business has changed hands or changed names. No off-premises temporary signs are allowed, except those specifically noted and regulated for real estate purposes or otherwise noted in this chapter.
(2) Temporary signs requiring a permit.
(a) Grand opening signs. Temporary signs announcing the initial opening of a business, or the relocation, or change of ownership of an existing business, may be allowed; provided, that the event shall not continue for more than 180 days and that the permit is issued within the first year of operation. There shall be no more than two signs allowed per business. A combination banner and portable sign is acceptable. The signs must comply with general size and location standards for signage in this section and must be removed at the end of the 180-day period. A temporary sign permit is required. Note: “now open,” “grand opening,” “new location of ,” “new ownership” and the like, are appropriate type messages for such signs.
(b) Special promotion periods. A business may apply for three special promotion periods during the calendar year. Each period may not exceed seven days in length. The periods may be combined to run consecutively. The Planning Commission may issue a conditional use permit to extend this time limit. A temporary sign permit is required. A banner or portable sign is allowed during this period. Note: Special product, price or service advertising is appropriate during these periods.
(c) Going out of business/bankruptcy period. A business may apply for a special permit in order to facilitate the liquidation of inventory for a failing business for a period not to exceed 180 calendar days. Such permit will be allowed only once for any business license. A temporary sign permit is required. A banner or portable sign is allowed during this period. Note: Special product, price or service advertising are appropriate during these periods.
(3) Temporary signs allowed without a permit.
(a) Holiday periods. A business may advertise a special service, product or sale during the holiday periods without a permit. Note: One banner sign only is allowed during these periods. The sign must be mounted on the building. The sign must be removed by the end of the first working day after the holiday period ends.
(b) Directional signs for subdivisions. These signs do not need a permit. However, written permission of the property owner must be obtained and presented to the Community Development Department before they are erected.
1. Three directional signs may be allowed for a developer to guide traffic to the site and should contain only the name, address and direction of the development. They are limited to 32 square feet in area and eight feet in height and must be placed entirely upon private property with the permission of the owner. Two additional 16 square foot directional signs may be allowed by the Community Development Director if a special need or unusual circumstance can be demonstrated. They may not encroach upon any public right-of-way and may not be located within the 25-foot clear view triangle on corners, except where they are not more than three feet in height.
2. Such signs shall be removed within two years of the issuance of the first building permit in the project or, if the lots are sold out before two years, immediately upon sale of the last lot. An extension may be granted by the Community Development Department if a substantial number of the lots have not been sold at the end of the two-year period.
(Prior Code, § 8-10-8)
(I) Sign permit process.
(1) Sign permit required. No person shall erect, install or paint any sign, or change the face of any sign, whether it be temporary or permanent in nature, without obtaining a sign permit from the Community Development Department, except as outlined in this section. This includes new signs, signs to be added to existing buildings or uses and existing signs that are to be enlarged, changed or modified.
(2) Failure to obtain permit. New or existing signs installed or maintained without a permit will be required to be removed or will be charged a penalty fee of $100, or a double sign permit fee, whichever is greater, at the time the owner/operator of the sign makes application for a sign permit with the Community Development Department.
(Prior Code, § 8-10-9)
(J) Site plan review; sign design.
(1) Site plan review. When new buildings or developments are presented for site plan review, signs proposed for the development shall be reviewed concurrently by staff. All planned centers and multi-tenant buildings must submit a sign theme for approval by the Planning Commission. The center must have an approved sign theme before any sign permits will be issued. If a plan for a sign package is not submitted at site plan review, which is encouraged, the developer will be notified of sign ordinance standards and expected to submit plans that will adhere to this chapter.
(2) Sign design.
(a) Applicants for sign permits should give serious consideration to the following elements when submitting plans for signs:
1. Architectural compatibility;
2. Color and style;
3. Size, scale and proportion (balance);
4. Location; and
5. Landscaping.
(b)
Note: The Community Development Director may refer an application for a sign permit to the Planning Commission for further approval or denial if the Community Development Director feels adherence to the criteria listed in division (J)(2)(a) above is not shown in submitted plans.
(Prior Code, § 8-10-10)
(c) All site plan applications shall be required to submit a comprehensive sign package as part of the site plan submittal. Such submittal shall be in conformance with this chapter. The overall designs of the signage shall be architecturally compatible with the site on which the signage will be located.
(K) Required permit information.
(1) Monument and freestanding signs:
(a) Plot plan showing relationship of sign to buildings, property lines, setback from public rights-of-way, intersections, easements and driveways;
(b) Two accurately dimensioned, scaled drawings showing height, color, square foot dimensions, landscaping, sign composition, type of illumination and how the sign will appear from the street;
(c) Details of sign construction, including electrical plan, foundation scheme and value of the sign; and
(d) Number of acres and length of linear frontage of property.
(2) Wall signs:
(a) Two scaled drawings showing square foot dimensions of both the building and the sign, sign composition and type of illumination;
(b) A profile drawing of how the sign will appear from the street or parking area and on the building; and
(c) Details of sign construction and attachment, including electrical plan.
(3) Temporary signs:
(a) Plot plan showing relationship of sign to buildings, property lines, setback from public rights-of-way, intersections, easements and driveways; and
(b) Length of period for display, type of request.
(4) Additional information required:
(a) Proof of current county business license;
(b) Business address and phone number;
(c) Address of property owner and phone number;
(d) General or electrical contractor license, phone and address; and
(e)
Value of the sign.
(L) Off-premise signage is allowed per the following provisions:
(1) The property on which the business requesting the off- premise signage is located shall be no further than 1/4 mile from the location of the sign.
(2) The business owner shall obtain permission pursuant to a non-revocable license from the owner of the commercial property where the sign is to be located. Such license shall grant the off-premise business the right to share an existing freestanding/monument sign, or construct a new sign on the commercial property or to add the off-premise business nameplates to an existing freestanding or monument sign. If no existing freestanding or monument sign exists, a new sign may be constructed to provide signage for the onsite businesses with additional nameplates for off-premise signage opportunities; provided, that any signage on such new freestanding or monument sign shall be calculated as part of the total allowable signage for each business.
(3) The non-revocable license granted by the owner of the commercial property shall include a specific depiction of the location of the sign and a specific time limit or expiration date for the license. If the license has not been extended at the conclusion of the time period, the sign must be removed. The license shall be valid for the time period stated and shall not be terminated if the underlying property or the related business is sold during that time period.
(4) Off-premise signage shall require a sign permit. The signature of the owner of the commercial property on which the sign is proposed shall be required on the application. A copy of the signed license shall be submitted as part of the application.
(5) Off-premise signage shall conform to all other aspects of permanent signage as defined in section 155.368 of this chapter (i.e., freestanding, monument, etc.).
(6) Off-premise signage shall not be permitted on vacant property, except as allowed through a comprehensive sign package.
(7) The business requesting off-premise signage shall be required to have a permanent sign on-premise prior to approval of any off-premise signage. The square footage of the off-premise signage shall be deducted from the total allowable signage of that type on the property at which the business is located.
(8) No temporary off-premise signage shall be permitted; such signage shall only be allowed on the property on which the business is located. An exception to this requirement may be requested through the submittal of a conditional use permit (C2).
(9) All off-premise signage shall comply with the outdoor lighting ordinance found in section 155.352 of this chapter.
(10) Signage shall meet minimum required setbacks. Signage is prohibited from being located in the public rights-of-way.
(11) Off-premise directional signs shall be allowed to be located within the right-of-way by lease if approved by the County Commission through a conditional use permit (CUP- C3). Such cup shall include the following information:
(a) Comprehensive sign package;
(b) Site plan showing all locations;
(c) Dimensions;
(d) Colors; and
(e) Materials.
(12) The county shall not provide advice or direction to either party in discussions or negotiations regarding the non-revocable easement.
(Prior Code, § 8-10-11) (Ord. 11-03, passed 3-1-2011; Ord. 24-15, passed 6-4-2024)
§ 155.369 OFF-STREET PARKING REQUIREMENTS.
(A) Off-street parking required. At the time any building or structure is erected or enlarged, or increased in capacity, or any use is established, there shall be provided off-street parking spaces for automobiles in accordance with the following requirements; nonetheless, sufficient parking shall be provided off-street to avoid the necessity of parking on the street, except for certain areas designated by the county where off-street parking requirements cannot be met by past development and redevelopment and there are other programs in effect to mitigate the parking problem; or as may be required and established by conditional use permit.
(Prior Code, § 8-11-1)
(B) Size of parking space. The dimensions of each off-street parking space, exclusive of access drives or aisles, shall be at least nine feet by 20 feet for diagonal and 90-degree spaces; nine feet by 22 feet for parallel spaces, and the required size for accessible spaces.
(Prior Code, § 8-11-2)
(C) Access to individual parking space. Except for single-family and two-family dwellings, direct access to each parking space shall be from a private driveway and not from a public street. All parking spaces shall have independent access not blocked by another parking space or other obstacle.
(Prior Code, § 8-11-3)
(D) Number of parking spaces required.
(1) Reductions in calculations. When calculating the floor area of a building to establish parking requirements, reasonable reductions for hallways, closets and storage space, restrooms, kitchens and mechanical equipment may be deducted.
(2) Parking table.
Business or professional offices | 1 parking space for each 200 square feet of net usable or leasable floor area |
Churches with fixed seating | 1 parking space for each 3.5 fixed seats, or 1 parking space for each 7 feet of linear pew, whichever is greater |
Churches without fixed seats, sports arenas, auditoriums, theaters, assembly halls, meetings rooms | 1 parking space for each 3 seats of maximum seating capacity |
Dwellings | 2 parking spaces for each dwelling unit |
Furniture and appliance stores | 1 parking space for each 600 square feet of floor area |
Hospitals and clinics | 2 parking spaces for each bed, and/or examining room |
Hotels, motels, motor hotels | 1 space for each living or sleeping unit, plus parking space for all accessory uses as herein specified |
Nursing homes | 4 parking spaces, plus 1 space for each 5 beds |
Restaurants, taverns, private clubs and all other similar dining and/or drinking establishments | 1 parking space for each 3.5 seats or 1 parking space for each 100 square feet of floor area, whichever is greater |
In addition, drive-in facilities shall provide stacking area for at least 6 cars in a drive-through lane | |
Retail stores, except as provided in the provision for “furniture and appliance stores” of this table | 1 parking space for each 100 square feet of retail floor space |
In addition, convenience stores which sell gasoline shall provide stacking area for 6 cars in lanes serving the gas pumps, which stacking area may be considered to help fulfill the basic parking requirements | |
Shopping center or other groups of uses not listed above | 1 parking space for each 150 square feet of total floor space, or as determined by conditional use permit, but also including accessible parking spaces as required |
Wholesale establishments, warehouses, manufacturing establishments and all industrial uses | As determined by conditional use permit or by planned unit development requirements, if applicable, or by the Planning Commission, but in no case fewer than one space for each employee projected for the highest employment shift |
All other uses not listed above | As determined by conditional use permit based on the nearest comparable use standards |
(3) Sufficient parking required. Sufficient parking should be provided to ensure:
(a) Maximum utilization of the facilities on site will not unduly impose on neighbors’ rights in the vicinity;
(b) That in the future if there is a change of use that the parking is adequately related to the site so that a new use has a reasonable chance to provide satisfactory parking;
(c) Where the precise parking standards are not known or have proven unsatisfactory in other instances that care is given in the analysis of the parking requirements of the site and its proposed use to ensure a reasonable number of parking spaces that cannot become an excuse for failure of the use on the site to perform its function properly; and
(d) The intent of minimum parking requirements is that normal or competitive functions are not to be curtailed due to lack of sufficient parking and therefore the use or function of the principal user of the site fails or otherwise deteriorates.
(4) Analysis. It shall be the responsibility of the reviewing body to prepare its analysis of parking requirements in writing and make copies available to the property owner or lessee, and other parties of interest, as well as the governing body.
(Prior Code, § 8-11-4)
(E) Access requirements. Adequate ingress and egress to and from all uses shall be provided as follows.
(1) Residential lots. For each residential lot, not more than one access driveway which shall be a maximum of 40 feet wide at the street lot line, except lots with circular driveways and other special type circulation and parking, unless required to have a circular driveway to avoid backing onto the public right-of-way for safety purposes.
(2) Residential lots on major streets. Residential lots on major streets shall have circular driveways, on lot turnarounds or other provisions that facilitate vehicular traffic entering onto the public right-of-way in forward motion and eliminating all backing onto the public street or highway.
(3) Other than residential lots. Access shall be provided to meet the following requirements:
(a) Not more than two driveways shall be used for each 100 feet of frontage on any street, and signs provided prohibiting any vehicle from backing onto the street;
(b) No two of said driveways shall be closer to each other than 12 feet, and no driveway shall be closer to a side property line than three feet, except as modified by conditional use permit;
(c) Each driveway shall be not more than 35 feet wide, measured at right angles to the centerline of the driveway, except as increased by permissible curb return radii, or as established by conditional use permit. The entire flare of any return radius shall fall within the right-of-way;
(d) No driveway shall be closer than 50 feet to the point of intersection of two property lines at any street corner as measured along the property line, and no driveway shall extend across such extended property line; and
(e) On a street where there are no curbs or gutters, all driveways shall be well marked and protection provided the entire length of the frontage exclusive of the driveways as per approved plans.
(Prior Code, § 8-11-5)
(F) Maintenance of parking lots in Multi-family Residential, Commercial and Industrial Zones. Every parcel of land used as a public or private parking lot in any multi-family residential, commercial or industrial development shall be developed and maintained in accordance with the following requirements.
(1) Surfacing.
(a) Each off-street parking lot shall be surfaced with an asphaltic or cement or other binder pavement and permanently maintained so as to provide a dustless surface.
(b) The parking area shall be so graded as to dispose of all surface water.
(c) If such water is to be carried to adjacent streets, it shall be piped under sidewalks.
(2) Screening and fencing. The screening and fencing of a public or private parking lot in any multi-family residential, commercial or industrial development shall be in accordance with § 155.345 of this code.
(3) Landscaping. Each parking lot shall be adequately landscaped to comply with a plan approved by the land use authority and such landscaping shall be permanently maintained.
(4) Lighting. Lighting used to illuminate any parking lot shall be arranged to reflect the light away from adjoining residential premises and from street traffic.
(5) Prior existing parking lots. Parking lots created with other than an asphaltic or cement surface or other binder pavement prior to October 2012, may be maintained with the original paving surface.
(6) Expansion of existing parking lots. Whenever an existing parking lot created and surfaced with other than an asphaltic or cement surface or other binder pavement prior to October 2012, is expanded or is required to be expanded because of changes of use or additional parking needs, the entire parking lot must be brought up to the surfacing standards required in division (F)(1) above.
(Prior Code, § 8-11-6)
(G) Location of off-street parking. Off-street parking shall not be allowed in required front yard setbacks, except by conditional use permit and then only in areas where the character of the street and general landscaping plan will not be adversely affected.
(Prior Code, § 8-11-7)
(Ord. 12-13, passed 12-4-2012)
§ 155.370 WILDLAND URBAN INTERFACE CODE.
(A) Code adopted by reference. That certain document, three copies of which are on file in the office of the County Clerk, being marked and designated as the state’s Wildland Urban Interface Code, 2006 edition, including appendix chapters as published by the International Code Council, be and is hereby adopted as the Urban Wildland Interface Code of the county for regulating and governing the mitigation of hazard to life and property from the intrusion of fire from wildland exposures, fire from adjacent structures and prevention of structure fires from spreading to wildland fuels, as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Wildland Urban Interface Code on file in the office of the County Clerk are hereby referred to, adopted and made a part hereof, as if fully set out in this section, with the additions, insertions, deletions and changes, if any, prescribed in division (B) below.
(B) Changes. Insert “Morgan County” in § 101.1.
(Prior Code, § 8-14-1)
§ 155.371 SURVEYS.
(A) Purpose. This section is enacted to provide a method for preserving evidence of land surveys by establishing standards and procedures for monumenting and for filing a public record of the surveys.
(Prior Code, § 8-15-1)
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOUNDARY MONUMENT. Any physical object, regardless of type of material or marking, intended to represent a property corner or line, whether it be at the corner, on the line or a recorded distance from the corner or line.
LAND SURVEYOR. A person who is qualified to practice land surveying by reason of special knowledge of the technique of measuring land, the basic principles of mathematics, the related physical and applied sciences, the relevant requirements of law for adequate evidence, and the requisites to surveying of real property, and who is licensed pursuant to UCA §§ 58-22-101 et seq., as amended, or who qualifies under one of the nonlicensing exceptions of UCA §§ 58-22-101 et seq., as amended.
(Prior Code, § 8-15-2)
(C) Filing of plats.
(1) Surveys.
(a) Any land surveyor making a survey of private lands within the county who establishes or reestablishes any private property boundary monument shall file a map of the survey that meets the requirements of this division (C) with the County Surveyor or his or her duly appointed agent within 90 days of the establishment of the boundary monument.
(b) The County Surveyor shall file and index the map of the survey.
(c) The map shall be a public record in the office of the County Surveyor.
(2) Information on map. This map shall show:
(a) The location by quarter section or lot number, section number, township and range;
(b) The date of the survey, meaning the date the monuments were placed;
(c) The scale at which it is drawn and a north arrow. When viewing the plat with the long dimension in a horizontal position, north or east must be to the top of the plat;
(d) The distance and bearing of all lines traced or established by the survey. If such a line is a curve, the radius, arc length and central angle must be shown. If the curve is not tangent to straight lines at the point of curvature, the chord bearing must be shown as well;
(e) The basis of bearings for the survey. The words “basis of bearing” must be shown on the plat between two existing, described government monuments. The government monuments may be section corners, city or county street monuments, or horizontal network stations maintained by a government agency. The county-state plane grid bearing must be used where it is readily available;
(f) A measurable mathematical relationship between the property and the monument from which it is described. If that monument is not in place, its mathematical location must be shown as well as a mathematical relationship to a monument in place;
(g) All measured bearings or distances separately indicated from those of record if not in agreement;
(h) A written boundary description of the property surveyed;
(i) The mathematical relationship between all monuments found or set;
(j) A detailed description of all monuments found or set including type, size, length and how marked;
(k) The name of the person purchasing the surveying service;
(l) The seal or stamp and signature of the registered land surveyor responsible for the survey; and
(m) The surveyor’s business name and address.
(3) Contents of map. The map shall contain:
(a) A written narrative that explains and identifies:
1. The purpose of the survey;
2. The basis on which lines were established. The surveyor should explain what decisions he or she made in formulating the boundary such as the basis of bearing for the description or the use of any proration methods; and
3. The found monuments or deed elements that controlled the established or reestablished lines. If the description calls for any monuments in the broad sense of the term (right-of-way lines, subdivision of boundaries, fences and the like) the surveyor should indicate what he or she found relating to these calls.
(b) If the narrative is separate document, it shall also contain:
1. Location by quarter section or lot number, section number, township and range;
2. Date of survey;
3. Surveyor’s stamp or seal and signature; and
4. Surveyor’s business name and address.
(c) The map and narrative shall be referenced to each other if they are separate documents.
(4) Filing maps. Maps shall be filed:
(a) On linen or Mylar at one of two sizes: 18 inches by 24 inches by 36 inches; and
(b) Separate narratives shall be filed on eight and one-half inch by 11-inch linen or Mylar.
(5) Monument standards.
(a) The minimum standard for a boundary monument shall be number 5 rebar 24 inches in length. Where ground conditions do not permit such monumentation, substitute monuments must be durably and visibly marked or tagged with the registered business name or the letters LS, followed by the registration number of the surveyor in charge.
(b) If the monument is set by a public officer, it shall be marked with the official title of the officer.
(Prior Code, § 8-15-3)
(D) Fees. The County Surveyor shall collect a filing fee, in such amount as established by resolution of the County Commission, to cover administration costs.
(Prior Code, § 8-15-4)
§ 155.372 MAILBOX STANDARDS.
(A) The county hereby adopts the state’s Department of Transportation’s standard drawings no. 725-1 and 725-1a to specify standards for the construction and placement of mailboxes in the public way. Said drawings are attached to the ordinance codified herein and on file in the county office as exhibits A and B.
(B) Mailboxes erected behind concrete curbs in approved subdivisions are exempt from the requirements of division (A) above.
(C) All mailboxes shall have house numbers printed thereon no less than two inches high.
(Prior Code, § 8-17-1)
§ 155.373 GROUP HOMES.
(A) Purpose. The purpose of this chapter is to comply with Utah code and avoid discrimination in housing against persons with disabilities pursuant to the Utah Fair Housing Act and the federal Fair Housing Act as interpreted by courts whose decisions are binding in Utah for the purpose of establishing guidelines for group homes in which disabled persons may reside.
(B) Definitions. For the purpose of this chapter, the following terms shall have the meanings set forth below and shall apply in addition to the terms defined in § 155.008 of this title:
DISABILITY (HANDICAP). A physical or mental impairment that substantially limits one or more of a person’s major life activities, including a person having a record of such an impairment, or being regarded as having such an impairment. DISABILITY does not include current illegal use of, or addiction to, any federally controlled substance, as defined in section 102 of the Controlled Substances Act, 21 USC 802, or successor law.
REGARDED AS HAVING SUCH IMPAIRMENT. An individual meets the requirement of “being regarded as having such an impairment” if the individual establishes that he or she has been subjected to an action prohibited under 42 USC 126 because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity. The term REGARDED AS HAVING SUCH IMPAIRMENT shall not apply to impairments that are transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less.
ELDERLY PERSON. A person who is 60 years old or older who desires or needs to live with other elderly persons in a group setting, but who is capable of living independently.
FAMILY. Any one of the following who occupies a dwelling unit:
(1) One person living alone;
(2) Two or more persons related by blood, marriage, adoption, or other legal relationship living together as a single housekeeping unit; and up to two other unrelated persons living in the same dwelling unit as part of the same housekeeping unit;
(3) Two unrelated persons and the children of either of them living together as a single housekeeping unit; or
(4) Up to five unrelated individuals living together as a single housekeeping unit in the same dwelling unit.
GROUP HOME. A residential dwelling occupied by unrelated individuals voluntarily living as a single housekeeping unit (excluding live-in support staff), which individuals need help with activities of daily living through care and support services that are incidental and subordinate to the residence. Individuals may be provided with services such as supervision, training, personal care, social or counseling services, and transportation. Examples of group homes may include halfway houses, group training homes, residential homes for the elderly, residential homes for the disabled, foster homes, domestic violence shelters, and homes for individuals who are undergoing or have completed substance abuse treatment, and any other homes for the disabled that must be accommodated where similar residential structures for families are allowed pursuant to state and federal law. GROUP HOME does not include permanent supportive housing, transitional housing, correctional facilities, secure community transition facilities, or hospitals.
REASONABLE ACCOMMODATION. A change in a rule, policy, practice, or service necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling. The following words have the following definitions:
EQUAL OPPORTUNITY: Achieving equal results as between a person with a disability and a nondisabled person.
NECESSARY: The applicant must show that, but for the accommodation one or more persons with a disability likely will be denied an equal opportunity to enjoy the housing of their choice.
REASONABLE: A requested accommodation that will not undermine the legitimate purpose of existing land use regulations if the benefit that the accommodation to a person with a disability is provided.
RESIDENTIAL FACILITY FOR ELDERLY PERSONS. A single-family or multiple-family dwelling unit that is occupied on a 24-hour-per-day basis in a family-type arrangement under the supervision of a house family or manager, and that conforms to all applicable standards and requirements of and is licensed by the appropriate licensing department of the state of Utah and is operated by or under contract with that department.
RESIDENTIAL FACILITY FOR PERSONS WITH A DISABILITY. A residence in that more than one person with a disability resides and which is licensed or certified by:
(1) The State Department of Human Services under Utah Code Annotated Title 62A, Chapter 2, licensure of programs and facilities; or
(2) The State Department of Health under Utah Code Annotated Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act.
(C) Permitted uses with conditions.
(1) Permitted uses. Notwithstanding any contrary provisions, and subject to the development standards in this chapter under § 155.373(E), any group home that requires licensing by the state department of health or human services, or exceeds the number of persons defined as a family, shall be a permitted use with conditions. These uses are permitted by right only if the conditions listed below for the individual uses are met. Based on site plan review, county staff may add additional conditions of approval deemed necessary to protect the health, safety and public welfare; to mitigate additional financial burden reasonably anticipated to be caused by the location of the group home in such community to the county; and to mitigate fundamental changes to the nature of the surrounding community. It is intended that group homes occupied by individuals living as a single housekeeping unit meeting the definition of “family” pursuant to this chapter and are not required to obtain state licensing are exempt from the requirements of this chapter.
(2) Termination. A use permitted by this chapter is nontransferable and shall terminate if:
(a) The group home is devoted to a use other than the specific group home use originally permitted; or
(b) Any license or certification issued by the state departments of health or human services for such group home terminates or is revoked; or
(c) The group home fails to comply with requirements set forth in this chapter.
(D) Development standards. The development standards set forth in this section shall apply to group homes.
(1) Building, safety and health regulations. The group home shall comply with building, safety, and health regulations applicable to similar structures.
(a) Each group home shall be subject to the same development standards applicable to similar structures located in the same zoning district in which the group home is located as well as any applicable state or federal regulations required to operate said group home.
(b) The minimum number of parking spaces required for a group home shall be the same as for similar structures located in the same zoning district in which the group home is located.
(2) Number of occupants. The applicable land use authority for conditional use permitting shall be determined by the number of occupants in the group home as follows:
(a) Cl - CUP Zoning Administrator: up to five residents and state licensing requirements of the Departments of Health or Human Services.
(b) C2- CUP Planning Commission: six to ten residents and state licensing requirements of the Departments of Health or Human Services.
(c) C3-CUP County Commission: ten or more residents and state licensing requirements of the Departments of Health or Human Services.
(3) Separation required. In an effort to promote inclusion as well as maintain the residential nature of the applicable residential zoning district, no group home shall be established or maintained within three quarters of a mile, measured in a straight line without regard to intervening structures or objects, from the property line of the group home to the closest property line of any of the following within any other residential zoning district/non-commercial zoning district:
(a) Another group home; or
(b) Any of the following:
1. Assisted living facility;
2. Protective housing facility;
3. Rehabilitation/treatment facility; or iv. Transitional housing facility.
(4) No dangerous persons permitted. No group home or other facility shall be made available to an individual whose tenancy would:
(a) Constitute a direct threat to the health or safety of other individuals; or
(b) Result in substantial physical damage to the property of others.
The zoning administrator, or their designee, shall have the right to review, provide corrective action and if necessary, revoke any approval of a group home if it is found to be endangering the public health, welfare, or safety of the surrounding community or occupants of the group home.
(5) License and certification. Prior to occupancy of any group home, the person or entity operating the group home shall:
(a) Provide to the county a copy of any license or certification required by the county and state, including the state departments of health or human services, as well as provide renewals to the county within ten (10) days of receipt of the operator; and
(b) Certify in a sworn statement that no person will reside or remain in the group home whose tenancy would:
1. Constitute a direct threat to the health or safety of other individuals; or
2. Result in substantial physical damage to the property of others.
(6) The residential character of the exterior of the structures shall be maintained.
(7) The minimum number of parking spaces required for a group home shall be the same as for similar structures located in the same zoning district in which the group home is located. Vehicles belonging to employees and residents are required to park onsite, in the garage, or on an approved driveway.
(8) All administrative activities including staffing, counseling, and other visitations shall serve only the residents of the group home.
(9) Any signs shall conform to § 155.368 of this code.
(10) Any other requirements as determined by the zoning administrator to mitigate risks to the public health, welfare, or safety; maintain the general nature of the neighborhood; and reduce the financial burden to the county may also be imposed, including but not limited to the following:
(a) A minimum six-foot-high opaque wall or fence for purposes of screening and securing outdoor areas.
(b) Landscaping mitigating the risk of fire and to dampen noise.
(c) Hours of deliveries, services, and other traffic to the group home may be limited as necessary.
(d) Additional fire safety protections.
(e) Adequate supervision for occupants requiring supervision.
(E) Reasonable accommodation.
(1) Reasonable accommodation required. None of the requirements of this chapter shall be interpreted to limit any reasonable accommodation necessary to allow the establishment or occupancy of a residential facility for persons with a disability. An eligible applicant may apply for a reasonable accommodation pursuant to § 155.374.
(Ord. 24-28, passed 12-17-2024)
§ 155.374 REASONABLE ACCOMMODATION.
(A) Purpose. It is the policy of the county, pursuant to the federal fair housing act, the Utah Fair Housing Act, and applicable case law (hereafter “fair housing laws”), to provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This ordinance establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures of the county to comply fully with the intent and purpose of fair housing laws.
(B) Applicability. Reasonable accommodation in the land use and zoning context means providing individuals with disabilities or developers of housing for people with disabilities, flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities. A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as an unreasonable barrier to fair housing opportunities.
(D) Notice to the public of availability of accommodation process. Notice of the availability of reasonable accommodation shall be prominently displayed at public information counters in the planning department, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public in the planning department.
(E) Requesting reasonable accommodation.
(1) Eligibility. In order to make housing available to an individual with a disability, any eligible person as defined in § 155.374(B) above may request a reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures.
(2) Application. Any person or entity wanting a reasonable accommodation shall make application therefor to the zoning administrator.
(a) Requests for reasonable accommodation shall be in writing and provide the following information:
1. Name and address of the individual(s) requesting reasonable accommodation;
2. Name and address of the property owner(s);
3. Address of the property for which accommodation is requested;
4. Description of the requested accommodation and the regulation(s), policy or procedure for which accommodation is sought; and
5. Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.
(b) Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant, marked as private information, and shall not be made available for public inspection.
(c) A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual’s obligations to comply with all other applicable regulations not at issue in the requested accommodation.
(d) If an individual needs assistance in making the request for reasonable accommodation, the county will provide assistance to ensure that the process is accessible.
(3) Decision.
(a) The zoning administrator shall render a written decision on each application for a reasonable accommodation within thirty (30) days.
(b) The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the zoning administrator’s findings based on the criteria set forth in § 155.374(E)(4). All written decisions shall give notice of the applicant’s right to appeal and to request reasonable accommodations in the appeals process.
(c) If necessary to reach a determination on the request for reasonable accommodation, the zoning administrator may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the thirty (30) day period to issue a decision is stayed until the applicant responds to the request.
(d) The written decision of the zoning administrator shall be final unless an applicant appeals it to the appeal authority.
(e) If the zoning administrator fails to render a written decision on the request for reasonable accommodation within the time periods provided herein, the request shall be deemed granted.
(f) While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.
(4) Required findings. The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors:
(a) Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws;
(b) Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;
(c) Whether the requested accommodation would impose an undue financial or administrative burden on the county; and
(d) Whether the requested accommodation would require a fundamental alteration in the nature of the county’s land use and zoning or building plan.
(5) Appeal. If a reasonable accommodation request is denied, the decision may be appealed to the appeal authority in the manner provided for appeals of administrative decisions set forth § 155.030.
(Ord. 24-28, passed 12-17-2024)