Myton City Zoning Code
SUPPLEMENTARY DEVELOPMENT
STANDARDS
§ 153.095 PURPOSE.
The purpose of supplementary development standards is to further the purposes of this chapter, and address the use, location, construction and operation of particular uses and activities. Compliance with supplementary development standards, as applicable, as well as all other requirements of this chapter, and all other federal, state and local requirements is required for the issuance of any required development approval, license or permit.
(Prior Code, § 10-6-1) (Ord. passed 8-10-2006)
§ 153.096 RESIDENTIAL FACILITIES FOR PERSONS WITH DISABILITY.
(A) Code compliance. No residential facility for persons with a disability shall be established unless it is proposed in a building that complies with all building, fire and health codes, as adopted, and this chapter, applicable to similar structures in the zoning district in which the residential facility for persons with a disability is proposed, and all requirements of this chapter.
(B) State license required. At the time of application for either a permitted or a conditional use permit to establish a residential facility for persons with a disability, the owner or provider shall provide to the city evidence that the facility is licensed by the State Department of Human Services for the type of facility being considered by the city. The City Council shall condition any conditional use approval on the presentation of evidence that the facility is licensed by the State Department of Human Services, as required by this division (B). Failure to provide such evidence shall be grounds for the city to invalidate any existing or pending approvals.
(C) Number of occupants. No residential facility for persons with disabilities shall be approved that would allow more than four occupants.
(D) State responsibility. The responsibility to license programs, or owners or providers that operate a residential facility for persons with disability, as well as require and monitor the provision of adequate services to consumers residing in these facilities, shall rest with the State Department of Human Services.
(E) Nontransferable permit. A permit to operate a residential facility for persons with disability, as authorized by this section, is nontransferable and shall only be valid to the owner or provider identified on the application authorizing the operation of the facility, and as identified as the owner or provider as licensed by the state department of human services. A conditional use permit to operate a residential facility for persons with disability terminates if the building is devoted to another use or if the building fails to comply with any of the standards established herein.
(Prior Code, § 10-6-2) (Ord. passed 8-10-2006) Penalty, see § 153.999
§ 153.097 SUBSTANCE ABUSE FACILITIES WITHIN AREA OF SCHOOL.
(A) Requirements generally. All requirements applicable to a residence for persons with a disability shall apply.
(B) Additional requirements.
(1) In addition to the requirements for a residential facility for persons with a disability, the following requirements shall apply to all residences for persons with a disability that are substance abuse facilities and proposed within 500 feet of a school.
(2) In accordance with the rules established by the Department of Human Services under UCA Title 62a, Chapter 2, licensure of programs and facilities, the residential facility shall provide:
(a) A security plan satisfactory to the County Sheriff’s Department;
(b) Twenty-four-hour supervision for residents; and
(c) Other 24-hour security measures.
(Prior Code, § 10-6-3) (Ord. passed 8-10-2006) Penalty, see § 153.999
§ 153.098 RESIDENTIAL FACILITIES FOR ELDERLY PERSONS.
(A) Application; nontransferable permit. A residential facility for elderly persons shall be reviewed as either a permitted or a conditional use land use application. The approval of a residential facility for elderly persons is nontransferable and terminates if the structure is devoted to a use other than a residential facility for elderly persons, or if the structure fails to comply with the requirements of this section.
(B) Number of occupants. No residential facility for elderly persons shall be approved that would allow more than four occupants.
(C) Prohibited persons. No person being treated for alcoholism or drug abuse be placed in a residential facility for elderly persons.
(D) Requirements. No residential facility for elderly persons shall be established unless:
(1) It is proposed in a building that complies with this chapter and adopted building code, and is comparable to similar structures in the zoning district in which the facility is proposed;
(2) The residential facility for elderly persons proposes no fundamental change in the character of the residential neighborhood; and
(3) Placement in a residential facility for elderly persons be on a strictly voluntary basis and not part of, or in lieu of, confinement, rehabilitation or treatment in a correctional facility.
(E) Modifications. The land use authority, in reviewing an application to establish a residential facility for elderly persons, may, to the extent necessary, modify the requirements of this section, if such modifications are necessary to make a reasonable accommodation to afford persons residing in such facilities equal opportunity in the use and enjoyment of the facility.
(Prior Code, § 10-6-4) (Ord. passed 8-10-2006) Penalty, see § 153.999
§ 153.099 SEXUALLY ORIENTED BUSINESSES.
(A) Purpose and intent. The purpose and intent of this section is to regulate sexually oriented businesses, to promote the health, safety, morals and general welfare of the city, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the city, thereby helping to reduce and eliminate the adverse secondary effects from such sexually oriented businesses. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent or effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or the Utah Constitution, or to deny access by the distribution and exhibitors of sexually oriented entertainment to their intended market; neither is it the intent or effect of this section to condone or legitimize the distribution of obscene material.
(B) Location requirements.
(1) No sexually oriented business or an adult entertainment establishment shall be located within 200 feet of the exterior boundary of any residential zone district.
(2) No sexually oriented business or an adult entertainment establishment shall be located within 1,000 feet of any religious institutions, K through 12 educational institutions, parks and playgrounds, licensed daycare centers, or any other adult entertainment use, whether such adult entertainment use is within or without the city.
(3) The method of measurement for the distance restriction shall be computed by direct measurement from the exterior boundary of any area identified above, or from the nearest property line of the property upon which an adult entertainment business or establishment or other adult entertainment use is conducted, to the nearest property line of the property whereon the building in which an adult entertainment use is to occur.
(C) Nudity. No licensee, manager or employee mingling with the patrons of a sexually oriented business or serving food or drinks shall be nude or in a state of nudity. It is a defense to prosecution for a violation of this section that an employee of a sexually oriented business exposed any specific anatomical area during the employee’s bona fide use of a restroom, or during the employee’s bona fide use of a dressing room which is accessible only to employees. Further, no licensee or employee shall encourage or knowingly permit any person on the premises to engage in specified sexual activities.
(D) Advertising. Advertisements, displays or other promotional material depicting adult entertainment uses shall not be shown or exhibited to be visible to the public from pedestrian sidewalks or walkways, or from other public or semipublic areas.
(E) Number permitted. Only one sexually oriented business or an adult entertainment establishment use shall be permitted per building; or, in other words, no building, premises, structure or other facility that contains any sexually oriented business shall contain any other kind of sexually oriented business therein.
(F) Obstruction of view. All building openings, entries and windows shall be located, covered or screened in such a manner as to prevent a viewing to the interior from any public or semipublic area; for new construction, the building shall also be oriented so as to minimize any possibility of viewing the interior from public or semipublic areas.
(G) Minors. No one under 21 years of age shall be admitted to any sexually oriented business or an adult entertainment establishment of any kind. The foregoing minimum age limitations also apply to any employees, agents, servants or independent contractors working on the premises during the hours when adult entertainment is being presented.
(H) Responsibility of owners, employees; hours; activities. It shall be unlawful for a sexually oriented business or an adult entertainment establishment to be open for business, or for the licensee or any employee of a licensee to allow patrons upon licensed premises, or to permit any employee to engage in a performance, make a sale, solicit a sale, provide a service or solicit a service, between the hours of 10:00 p.m. and 7:00 a.m. of any particular day. Further, it shall be unlawful, if working as an employee of a sexually oriented business, regardless of whether a license has been issued for said business under this chapter, to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service or solicit a service between the hours of 10:00 p.m. and 7:00 a.m. of any particular day.
(I) Specified sexually activities prohibited. It shall be unlawful for an adult entertainment establishment and/or a sexually oriented business, or for the licensee or any employee of a licensee thereto, regardless of whether a license has been issued for said business under this chapter, to knowingly allow any patron upon the premises to engage in a specified sexual activity, as set out in UCA § 32B-1- 505, while on said premises. It shall also be unlawful for any licensee or employee of an adult entertainment establishment, regardless of whether a license has been issued for said business under this chapter, to engage in a specified sexual activity while on the premises of said adult entertainment establishment. The foregoing conditions contained in this section are promulgated pursuant to the terms of this chapter and UCA Title 76, Chapter 10, as amended.
(J) Violation. Any person or entity who operates or causes to be operated an adult entertainment establishment who violates any provision contained in this chapter or does not have a valid license is subject to a suit for injunction and is subject to civil and criminal penalties as set forth in § 153.006.
(K) Public nuisance. Any adult entertainment establishment which engages in repeated or continuing violations of these regulations shall constitute a public nuisance. For purposes of these regulations, REPEATED VIOLATIONS shall mean two or more violations of any provision set forth herein within one year dating from the time of a new violation, and a continuing violation shall mean a violation of any provision set forth herein lasting for three or more consecutive days.
(Prior Code, § 10-6-5) (Ord. passed 8-10-2006; Ord. passed 8-15-2006) Penalty, see § 153.999
§ 153.100 HOUSEHOLD PETS.
The keeping of household pets for noncommercial purposes shall comply with the following requirements.
(A) Manner of keeping. All household pets shall be kept in such a manner that they do not disturb the peace, comfort or health of any person or animal.
(B) Premises maintained. Yards, shelters, cages, areas, places and premises where they are kept shall be maintained so that flies or odors do not disturb the peace, comfort or health of any person or animal.
(C) Keeping and maintenance. The keeping and maintenance for all household pets shall be conducted in compliance with all other requirements of this chapter.
(D) License required; rabies immunization. All dogs six months old or older must have a city license. All dogs shall be immunized against rabies, prior to issuance of a license.
(E) Cruelty prohibited. No person shall be allowed to treat household pets cruelly.
(F) At large. It shall be unlawful for any owner of any dog to permit the dog to go beyond the premises of such owner unless restrained by a chain or leash and under the reasonable control of some person.
(G) Barking or annoying dogs. No person shall harbor or keep any dog which, by loud or frequent or habitual barking, yelping or howling, shall cause a serious annoyance to the neighborhood, or to people passing on the street.
(Prior Code, § 10-6-6) (Ord. passed 8-10-2006) Penalty, see § 153.999
§ 153.101 HOME OCCUPATIONS.
(A) Permitted uses. The home occupation is an accessory use consisting of a vocational activity conducted inside a dwelling unit, conducted only by the individuals who reside therein; provided, that the home occupation is clearly subordinate to the use of the parcel for dwelling purposes. The following home occupations may be permitted in a residence in any residential zone district:
(1) Artist or craft studio;
(2) Clothing alterations;
(3) Daycare providers operating a home daycare with no more than five children present at any given time;
(4) Haircutting;
(5) Light assembly; and
(6) Office for the conduct of a business or profession.
(B) Outside storage prohibited. No outside storage of goods, materials or equipment shall be allowed.
(C) Previously approved occupations; nuisance created. Home occupations which were previously and lawfully approved, prior to adoption hereof, shall be allowed to continue as long as a nuisance is not established. If a home occupation was lawfully established and a nuisance resulting from the home occupation is determined to exist after the establishment of the home occupation, the city shall allow the property owner 90 days in which to correct the nuisance, relocate the use or terminate use of the property for the home occupation.
(D) Home occupations permitted as conditional uses. Home occupations, other than those specified in division (A) above, may be permitted, if approved as a conditional use; provided, that the home occupation use is permitted as either a use by right or a conditional use in the zone district in which the residence (home) is located.
(Prior Code, § 10-6-7) (Ord. passed 8-10-2006) Penalty, see § 153.999