Nephi City Zoning Code

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

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

The requirements of this title as to minimum building site area shall not be construed to prevent the use for a single- family dwelling (where otherwise permitted) of any lot or parcel of land in the event that such lot or parcel of land is undeveloped and held in separate ownership on the effective date hereof.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

1. On any lot under a separate ownership from adjacent lots, and of record at the time of the passage of a zoning ordinance for Nephi City, the side yard requirements may be waived to the extent that the buildable width of such lot is not reduced to less than twenty four feet (24'), except that at least an eight foot (8') side yard is required on each side of any interior lot, and the side yard on the street side of a corner lot must be at least fifteen feet (15').
2. Any permanent roof or canopy attached to a residential main building which covers a use customarily recognized as an open, outdoor use, such as a patio, patio deck, hot tub, etc., may extend into the rear yard no more than half the required rear yard setback distances, if the following criteria are met:
3. The roof or canopy is not more than one story in height.
4. The roof or canopy is not longer than one-half (1/2) the width of the main dwelling on which it is located, but in no case longer than forty feet (40').
5. The roof or canopy is entirely open on three (3) sides except for supporting columns.
6. The columns supporting the roof or canopy are constructed on individual pad footings or similar design, and not on a continuous footing wall that could be used for future expansion into living space.
7. A roof to cover front porches that does not extend into the front yard more than six feet (6') from the outside edge of the structure and is a maximum of twelve feet (12') wide. Any columns supporting the roof or canopy are constructed on individual pad footings or similar design, and not on a continuous footing wall that could be used to enclose a porch. Columns being supported by an existing porch must be designed to carry the roof load only.

HISTORY:

Ord. 12-04-07-A, 12-4-2007; amd. Ord. 5-7-13, 5-15-2013; Ord. 09-21-2021-A, 9-21-2021

Every part of a required yard shall be open to the sky, unobstructed except for accessory buildings in a rear yard, and except for the ordinary projections of skylights, sills, belt courses, cornices, stairways and ornamental features. 

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

1. Electronic copies of each of the following shall be required:
2. Final site plan;
3. Preliminary and final PRD plans;
4. Preliminary and final PUD plans;
5. Others as determined by the planning commission or legislative body.
6. All required electronic copies shall be in AutoCAD©, DXF format, or ArcView© Shapefiles correctly geo-referenced in either state plane or UTM coordinates. The planning commission may waive this requirement if it can be demonstrated that the information cannot be reasonably provided. A desire not to provide the electronic information shall not constitute the information not being reasonably available.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

Except for planned unit developments and cluster subdivisions, and as otherwise provided in this title, every lot, existing or intended to be created, shall have such area, width and depth as is required by this title for the zone district in which such lot is located and shall have frontage upon an approved, dedicated and open public street before a building permit may be issued. 

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

Every dwelling structure shall be located and maintained on a separate lot having no less than the minimum area, width, depth and frontage required by this title for the zone district in which the dwelling structure is located; except, that group dwelling complexes under single ownership and management which are permitted by this title and have approval from the planning commission, may occupy one lot for each such multi-structure complex.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

Open or lattice enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers projecting into a yard not more than five feet (5') and the ordinary projections of chimneys and flues are permitted.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

1. Fence Permit Required: No fence shall be constructed, erected or installed without first obtaining a fence permit from the city. Approval of said permit shall be solely for the purpose of approving height, fence material, etc. The legislative body shall establish the fee for a fence permit.
2. Side And Rear Yard Fences: A fence not more than six feet (6') in height may be located in required side and rear yards.
3. Sight Vision: Notwithstanding the preceding subsection, solid fences located within a triangular area formed by the street property lines on a line connecting them at points thirty feet (30') from the intersection of the street lines may not exceed thirty six inches (36") in height, and chainlink or other similar fences that do not block vision may not exceed four feet (4') in height in that area.
4. Front Yard Fences: In any required front yard, chainlink or similar fences, which do not block vision, may be allowed up to forty eight inches (48") in height. Solid or sight obscuring fences may not exceed thirty six inches (36") in height in such front yards. This provision shall not be interpreted as to prohibit the erection of any open mesh type fence enclosing elementary or secondary school sites or public parks.
5.  Solid Type Fence Defined: A solid type fence is one that in the opinion of the administrator is closed sufficiently to block view of traffic.
6. Exceptions: Certain other fences, such as tennis court backstops, patio enclosures, etc., in the front, side or rear yards, may be approved by the administrator if, in his opinion, they do not create a hazard or violation of other ordinances. 

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

In all districts which require a front yard, no obstruction to view in excess of three feet (3') in height shall be placed on any corner within a triangular area formed by the street property lines and the line connecting them at points thirty feet (30') from the intersection of the street lines, except that trees are permitted which are pruned at least eight feet (8') above the established grade of the curb so as not to obstruct clear view by motor vehicle drivers.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

Every main or residential building shall be located and maintained on a "lot", as defined in section 10-2-2 of this title, and all parts of said building shall be connected in a substantial manner. There shall not be more than one such building on a lot in residential districts, except as otherwise provided by this title.

1. No lot or parcel of land held under separate ownership at the effective date hereof shall be separated in ownership or reduced in size below the minimum lot width or lot area required by this title, nor shall any lot or parcel of land held under separate ownership at the effective date hereof and which has a width or area less than that required by this title be further reduced in any manner.
2. No building or structure shall be erected, enlarged or moved onto any lot which abuts a street having only a portion of its required street width dedicated, and where no part of such dedication would normally revert to said lot if the street were vacated, unless the yards provided and maintained in connection with such building or structure have a width or depth which is not less than the width or depth of that portion of the lot needed to complete the required street width, plus the width or depth of the yards required on the lot by this title.
3.   The front yard required on a lot of record or held under separate ownership at the effective date hereof shall be provided and maintained regardless of any subsequent change of lot lines which creates a new lot fronting on a street other than that on which said lot fronted at the effective date hereof.
4. No accessory building shall be structurally altered, converted, enlarged or maintained for the purpose of providing living quarters or dwelling units unless such accessory building and all enlargements thereof are made to conform to all the regulations of this title for new buildings.
5. No required yard or other open space around an existing building or which is hereafter provided around any building for the purpose of complying with the provisions of this title shall be used for the storage of junk, building material, debris, obsolete vehicles, commercial equipment, or buildings or equipment which are obsolete or in disuse.
6.  At each end of a through lot there shall be a front yard of the depth required by this title for the zone in which each street frontage is located; provided, however, that one such front yard may serve as a required rear yard.
7. No required yard or other required open space around an existing building shall be separated in ownership from the portion of the lot upon which the building is located. 

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

1. Any private swimming pool not completely enclosed within a building having solid walls shall be set back at least five feet (5') from property lines, and any semiprivate swimming pool not completely enclosed within a building having solid walls shall be set back at least ten feet (10') from property lines. Any swimming pool shall be completely surrounded by a fence or wall having a height of at least six feet (6'). Any gate larger than thirty six inches (36") shall be equipped with a self-closing and self-latching device.
2. Private swimming pools will be permitted where they can meet the necessary setback requirements; however, there must be no direct connection for drainage to the sewer system of the city.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. 2007 Code; Ord. 09-21-2021-A, 9-21-2021

1. Requirements: In zoning districts where allowed, an individual may be granted a business license after application for and issuance of a home occupation permit. A home occupation shall be clearly incidental and secondary to the residential use of the building and not change the character thereof. Home occupations are a privilege that can be revoked by the planning commission if disruption of the residential neighborhood occurs.
2. Application; Considerations: Home occupation applications shall be reviewed by the administrator and classified as impact occupations or no impact occupations. To qualify as a no impact home occupation, the applicant must demonstrate that there will be no business activity carried on in the home, except bookkeeping and scheduling and that no persons other than bona fide residents of the home will be employed in the home. Any application that does not demonstrate to the planning commission's satisfaction that it is a no impact occupation shall be classified as an impact home occupation. The planning commission shall not approve a home occupation permit unless it can be shown that:
3. It shall be conducted entirely indoors and within the home unless it does not require a business license under City Code 3-1-1B. If it does not require a business license under 3-1-1B, then a home occupation permit shall be issued if the business is conducted within an accessory building on the same lot or within the home and all other applicable requirements are satisfied including those set forth herein.
4. It shall involve the use of no more than one room in the dwelling or the equivalent of thirty percent (30%) of the ground floor area, whichever is greater.
5. It shall generate no vehicular or pedestrian traffic, or parking, in excess of that normally associated with a residential use.
6. The use shall not create a nuisance by reason of noise, dust, odor, vibration, fumes, smoke, electrical interference or other causes.
7.  Impact home occupations shall not employ persons other than bona fide residents of the residence where the permit is issued.
8. No impact home occupations shall not employ persons other than bona fide residents of the residence, except for employees employed totally outside of the home.
9. There shall be no stock in trade, and any identification sign shall comply with appropriate regulations of the city sign regulations, chapter 18 of this title.
10. Fee For Permit: A home occupation permit public hearing shall not be held prior to the applicant paying the appropriate fee in an amount determined by resolution of the legislative body.
11. Public Hearing: Before any impact home occupation permit is issued by the planning commission, a public hearing shall be held. Notice shall be given as required by Utah State Code. Notice of such hearing shall be ten (10) days prior to such hearing. At least five (5) days prior to the hearing, all property owners within five hundred feet (500') of the area under consideration shall be notified by mail of the time and place of the hearing. After the required hearing and review of the home occupation application, the planning commission may approve or disapprove said permit. If approved, the planning commission shall authorize the administrator to issue a home occupation permit.
12. Appeals Of Decision: Any person shall have the right to appeal the decision of the planning commission to the legislative body. Such appeal shall be filed within thirty (30) days from the date of the decision of the planning commission. Upon receipt of such appeal, the legislative body shall respond within forty five (45) days. Failure by the legislative body to respond shall be deemed to be a denial of the appeal.
13. Time Limit: Unless the uses approved in a home occupation permit are implemented within a maximum period of one year of its issuance, the permit shall expire. The planning commission may grant a maximum extension of six (6) months under exceptional circumstances. If an application for a home occupation is not approved, the applicant shall not reapply for twelve (12) months.
14. Temporary Uses: A home occupation permit for uses which are of a temporary nature only may be issued for the intended duration of the temporary use or for one year, whichever period of time is shorter. The planning commission may grant extensions of six (6) months each under exceptional circumstances. 

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 02-18-2020, 2-18-2020; Ord. 09-21-2021-A, 9-21-2021

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 01-21-2020, 1-21-2020; Ord. 06-16-2020, 6-16-2020; Ord. 09-21-2021-A, 9-21-2021

The keeping of farm animals for family food production, education or recreation is allowed in a residential (R) district which has an (A) (indicating limited farm animals) overlay as shown on the zoning map. When a subdivision is approved with lots of less than one-half (1/2) acre, animal rights shall no longer be allowed within that subdivision. No animals shall be kept in such a way that creates a public nuisance. The keeping of all animals is subject to applicable health codes. All animals must be housed, managed, fenced and contained on the owner's property. Nothing in this section authorizes the keeping of swine in any residential district. The following regulations shall apply:

1. Number Permitted: It shall be unlawful to keep more than three (3) animal units per one-half (1/2) acre within R(A) zones.
2. Animal Unit Defined: An "animal unit" is defined as one large animal, two (2) medium animals, nor more than ten (10) small animals. Less than ten (10) small animals shall not constitute an animal unit. Unweaned animals up to six (6) months of age are not included in the animal unit limitation.
3. Large Animals: Large animals include, but are not limited to, horses, cattle, llamas, ostriches, emus or animals of similar size.
4. Medium Animals: Medium animals include, but are not limited to, sheep, goats or animals of similar size.
5.  Small Animals: Small animals include, but are not limited to, rabbits, fowl, pigeons or animals of similar size, and may be kept in such numbers and enclosures as are considered reasonable and manageable, as determined by the zoning administrator. More than ten (10) small animals shall be considered one animal unit for the purpose of subsection A of this section.
6. Enclosures; Distance Requirements: It shall be unlawful to construct or establish a barn, stable, coop, pen, corral or similar enclosure, restraint or attraction (feeding or watering), excluding property fence lines, within fifty feet (50') of any existing dwelling or curb line.
7. Public Nuisance And Health Code Regulations Applicable: All lots with farm animals, including nonconforming uses, are subject to all public nuisance and health code regulations.
8.    Nonconforming Uses: The provisions of chapter 21 of this title dealing with nonconforming uses shall apply to farm animals, unless approval is given by the city council to suspend the one year time period on the abandonment of nonconforming uses.
9. Any landowner may petition the city council to have the one year time period suspended for a period of time not to exceed twenty four (24) months.
10. The petition shall state the reason why the suspension of time is sought and the property which holds the nonconforming use.
11. Any landowner may petition the city council for such suspension of time any time before the year period begins running or during the year, but may not petition after the year has expired.
12. The city council shall not unreasonably deny such petitions. 

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

1. Plot Plan Required: All applications for a building permit, except permits for reroofing, siding, demolition and remodeling when there is no change in structure size, must be accompanied by a plot plan, drawn on a plat map available at the office of the Juab County recorder.
2. Utility Connection Fees: Utility connection fees must be paid at the time the building permit is processed and issued.
3. Minimum Width Of Dwellings:
4. The width of each dwelling shall not be less than twenty feet (20') at the narrowest point of its first floor, exclusive of any garages, bay windows, room additions or other similar appendages.
5. Manufactured, modular or mobile homes must be multiple sections, with each section having a minimum width of ten feet (10').
6. A basement shall not be considered as a first floor.
7. The width shall be considered the lesser of the two (2) primary dimensions.
8. Foundation: Each dwelling shall have an engineered or code approved, site built, concrete or masonry, permanent foundation, waterproofed below ground level and sealed above ground level according to the building code. Manufactured homes must be permanently attached to the foundation according to manufacturer's installation instructions or an approved engineered foundation design. Each foundation shall have a minimum height of one foot (1') above the top back of the curb, plus two percent (2%).
9. Taxation: Each dwelling unit must be taxed as real property. If it is a manufactured home, affidavits as required by Utah Code Annotated section 56-2-602 must be filed under that section, and a copy thereof submitted to the city prior to receiving a certificate of occupancy and within fourteen (14) days of closing.
10. Exterior Siding: Each dwelling unit shall have exterior siding material of sufficient quality, durability and resistance to the elements to satisfy the purpose of this section. Exterior siding material shall consist of brick, stucco, glass, metal lap, vinyl lap or stone. Wood or hardwood must be preapproved by the building inspector. Any other siding materials must be approved by the building inspector.
11. Roof: The roof of all dwelling units shall have a minimum pitch of two feet six inches to twelve feet (2'6":12') (except built up gravel, see below). All units shall have eave overhangs of at least six inches (6"), excluding rain gutters, measured from the vertical side of the dwelling. The roof surface shall consist of wood shakes, asphalt, composition, wood shingles, tile, fiberglass, concrete or built up gravel. Built up gravel roofs shall have a minimum pitch of two feet to twelve feet (2':12'). All units shall have a minimum roof load of thirty (30) pounds per square foot.
12. Installation Of Manufactured Homes: Each dwelling unit that is a manufactured home must be installed either by an owner-builder registered with the city or by a housing setup contractor licensed by the state division of occupational and professional licensing. Each unit must be installed according to the accompanying manufacturer's setup instructions. Hose bibs on manufactured homes must be of an approved, frostproof, antisiphon type.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

(Reserved)

It shall be a violation of this title to park on the streets of the city any vehicle with a gross vehicle weight rating (GVWR) of twenty six thousand (26,000) pounds or greater, or any trailer pulled by such vehicle. Excluded from this section is Main Street and 100 North Street.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

Reserved.

HISTORY:

Ord. 09-21-2021-A, 9-21-2021; Ord. 12-17-2024, 12-17-2024

By formal action, the legislative body may designate publicly owned or other such recreational facilities as city approved facilities. Upon such designation, the zoning administrator may give zoning approval for a concession stand at such facility.

HISTORY:

Ord. 09-21-2021-A, 9-21-2021

Upon application by a person or persons with a physical disability, and having received a recommendation from the planning commission, the legislative body may grant exceptions to the provisions of this title to accommodate the specific identified needs of such person or persons relative to access, protection and other needs. Exceptions may be made to yard requirements, separation requirements, etc. Any exception granted shall be the minimum exception to meet the intent of this title.

HISTORY:

Ord. 09-21-2021-A, 9-21-2021

1. Short Name: This section shall be known as the ALTERNATIVE ENERGY ORDINANCE OF NEPHI CITY, UTAH, and may be so cited and pleaded.
2. Purpose And Intent: The purpose of this section is to encourage the use of and establish minimum requirements for the placement, construction, and modification of alternative energy systems, and related equipment as defined herein. This section is also intended to promote the safe, effective, and efficient use of such systems.
3. Definitions:

ALTERNATIVE ENERGY SYSTEM: A solar energy collection system.

BUILDING INTEGRATED SOLAR ENERGY SYSTEMS: A solar energy collection system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building including, but not limited to, photovoltaic or hot water solar systems contained within roofing materials, windows, skylights, and awnings.

HEIGHT: The height of a solar energy collection system measured from natural grade to the highest point of the device or component of the device.

RATED NAMEPLATE CAPACITY: The maximum rated output of electric power production equipment. This output is typically specified by the manufacturer with a "nameplate" on the equipment rated in watts (W) or British thermal units (BTUs).

SOLAR ENERGY COLLECTION SYSTEM: A device or combination of devices or structures that transform direct solar energy into thermal or electrical energy and that contribute significantly to a structure's thermal or electrical energy supply. The energy generated may also be distributed to an energy grid. This includes, but is not limited to, solar collectors, solar panels, solar hot water heaters, storage batteries, transformers, heat exchangers, and distribution components.

1. Standards For All Alternative Energy Systems:
2. Alternative Energy System Permit Required:
3. Building Permit Application: Building permits shall be required for all alternative energy systems. All applications shall include the following documentation:
4. Engineered Drawings: The building permit application shall include standard drawings of the alternative energy system and stamped engineered drawings of the base, footings, supports and/or foundation as provided by the manufacturer. The engineered drawings shall include productive capacity of alternative energy.
5. Site Plan: The building permit application shall include a site plan that includes the following elements:
6. The site plan shall include a date, north arrow, and appropriate scale to reflect adequately the detail necessary to describe the location and use. The plan shall be accurate in terms of scale and dimensions.
7. The site plan shall include the locations of existing property lines, public or private rights of way and public roads.
8. The site plan shall include the dimensions and locations of existing improvements, including, but not limited to, buildings and structures, fences, and overhead utility lines.
9. The site plan shall include the dimensions and locations of existing or proposed alternative energy systems, associated components, security structures, fences, and support structures.
10. Utility Notification: The building permit application shall include evidence that the relevant electric utility company has been informed of the customer's intent to install an interconnected customer owned generator. Off grid systems shall be exempt from this requirement.
11. Fire And Emergency Access: Alternative energy systems shall be located on the property such that they will not pose a danger to emergency personnel or equipment. The Nephi fire department or designee shall review alternative energy system permit plans and determine potential hazards to emergency personnel and equipment.
12. Modifications: Any physical modification to an existing and permitted alternative energy system that alters the size and/or type of components or other equipment shall require a permit modification under this section. Replacement of parts on an already permitted system shall not require a permit modification.
13. Expiration: A permit issued pursuant to this section shall expire if:
14. The alternative energy system is not installed and functioning within six (6) consecutive months from the date the permit is issued; or
15. The alternative energy system is abandoned.
16.  Violations: It is unlawful for any person to construct, install, alter or operate an alternative energy system that is not in compliance with this section or with any condition contained in a building permit issued pursuant to this section.
17. Administration And Enforcement:
18. This section shall be administered and enforced by the Nephi City chief building official or their designee.
19. The chief building inspector or their designee may enter any property for which a building permit has been issued under this section to conduct an inspection to determine whether the conditions stated in the permit have been met.
20. Compliance With Laws, Ordinances, And Regulations: The construction and operation of all alternative energy systems shall be consistent with all applicable local, state, and federal requirements, including all applicable safety, construction, building, environmental, electrical, communications, and FAA aviation requirements. Alternative energy systems shall comply in all respects with building and electrical codes contained in the international building code, international residential code and national electric code as adopted by Nephi City.
21. Site Conditions And Property Maintenance:
22. Land Clearing, Soil Erosion, And Habitat Impacts: Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation, and maintenance of the alternative energy system and is otherwise prescribed by applicable laws, regulations, and ordinances.
23. System Conditions: The applicant shall maintain the alternative energy system in good and operable condition. Maintenance shall include, but not be limited to, painting, mechanical/electrical repairs, structural repairs, and security measures including security fencing.
24. Removal And Decommissioning Requirements: Any alternative energy system, which has reached the end of its useful life or has been abandoned, shall be removed.
25. An alternative energy system shall be considered abandoned when it fails to operate within the past twelve (12) consecutive months.
26. Upon a notice of abandonment issued by Nephi City, the alternative energy system owner shall have sixty (60) days to provide sufficient evidence that the system has not been abandoned. If the system has not been removed or proven not to be abandoned after this period, the alternative energy system may be abated by Nephi City in accordance with adopted procedures.
27. Standards For Solar Energy Collection Systems:
28. Height: Roof mounted solar energy collection systems shall comply with the maximum height requirements in the applicable zoning district. Where maximum height is measured at the midpoint between eaves and roof peak, and where the roof peak exceeds the maximum building height, the solar energy collection system shall not exceed the height of the roof peak. Ground mounted solar energy collection systems shall not exceed fourteen feet (14') in height.
29. Exemption: Passive or building integrated solar energy collection systems are exempt from the requirements of this section and shall be regulated as any other building element.
30. Ground Mounted Solar Energy Collection Systems:
31. All exterior electrical and/or plumbing lines shall be placed in a conduit and buried below the surface of the ground. Electrical lines may be placed overhead only near points of interconnection to the electric grid.
32. Ground mounted solar energy collection systems shall be limited to a maximum area of two hundred (200) square feet.
33. Ground mounted solar energy collection systems in residential zoning districts shall be limited to the side or rear yard and shall be treated as accessory structures.
34. Ground mounted solar energy collection systems in nonresidential zoning districts shall be limited to the side or rear yard and shall not encroach into any required setback.
35. Roof Mounting: Roof mounted solar energy collection systems shall be flush mounted and parallel to the roof surface to the extent possible. Solar energy collection systems may be bracket mounted or tilted on flat or pitched roofs to improve efficiency, but shall have at least one side of the array within twelve inches (12") of the roof surface. 

HISTORY:

Ord. 3-1-11, 3-16-2011; amd. Ord. 09-21-2021-A, 9-21-2021

1. Purpose: The purpose of this chapter is to help beautify Nephi City and strive to eliminate areas of blight within the City.
2. Designation: The Legislative Body may designate an area within the City as an area of blight after making a determination that the area meets at least one of the following criteria.
3. There is a substantial number of deteriorated or deteriorating buildings throughout the area.
4. The public improvements are in a general state of deterioration.
5. The area is substantially run down and in disrepair.
6. The area has substantial impediments such as terrain rock or debris that would make it difficult to develop.
7. An area that has suffered significant destruction from natural or other disasters that make it difficult to develop or redevelop.
8. After an area receives a designation as blight any property owner within that designated area may make an application for a blight exemption to certain requirements of this title as described below. The application shall be reviewed by the DRC who will forward a recommendation to the Planning Commission for approval or disapproval of the exemption.
9. Desired Uses: Desired uses of an area that has been designated as blight shall include but not be limited to 55+ communities, more affordable housing, and areas with amenities designed to make the area handicap friendly.
10. All Districts: Nephi City may waive the landfill fees for items taken to the landfill in direct connection to the clean-up of the area.
11. Commercial Districts:
12. May include waiver of impact fees.
13. May include waiver of connection fees.
14. Residential Districts:
15. Density: A bonus density of up to 25% may be granted to development of the area.
16. Lot Size: A lot size reduction of up to 30% may be granted as long as the buildable area of the lot is not reduced to less than 1,200 square feet.
17. The DRC should carefully review each exemption request and recommend only those exemptions reasonably necessary to incentivize appropriate redevelopment or development within the area.

HISTORY:

Ord. 07-20-2021, 7-20-2021

A. Purpose: The purpose of this chapter is to designate regulations regarding temporary living conditions in the city including, but not limited to, vehicles, tents, recreational vehicles, semi-trucks, etc. The goal is to balance private property rights with appropriate restrictions as to not infringe on the property rights of others.

B. Definitions for the temporary living ordinance are below. Some definitions are found in the general definitions in Chapter 2 in Title 10 of the Land Use Ordinance.

• Commercial or Business Purposes - for the landowner's or guest's benefit that includes the exchange of money, goods, or services.
• Motorized Passenger Vehicle - Any motor vehicle, other than a motortruck, truck tractor, or a bus, and used or maintained for the transportation of persons. This definition includes, but is not limited to, a sedan, pickup truck, minivan, van, sport utility vehicle, and any other similar vehicle.
• Personal Purposes - for the purposes of the landowner's or guest's personal benefit, that does not include the exchange of money, goods, or services.
• Recreational Vehicle (RV), Camper - Same definition found in Chapter 2 of Title 10 - Land Use Ordinance
• Semi-Truck - A trucking rig made up of a tractor truck and/or semitrailer. The tractor truck will typically contain a sleeping area adjacent to the driving area.
• Temporary Living - Staying in a Temporary Living Structure for less than twenty-nine (29) days in a one year time period within the Nephi City limits.
• Temporary Living Structure - A recreational vehicle, camper, boat, lean-to, tent, vehicle, or any other structure that is temporary in nature.
• Temporary Living Permit - A permit obtained from Nephi City, authorizing landowners or their guest to use a Temporary Living Structure for Temporary Living as provided by this Chapter.
• Tent - A collapsible shelter of fabric (such as nylon or canvas) stretched and sustained by poles and used for camping outdoors or as a temporary structure.

C. Occupying, inhabiting, sleeping, or residing in a motorized passenger vehicle (with landowner permission) is permitted in the following zones with the following conditions:

1. On any private or public property (including streets) for up to twenty-four (24) hours within a three (3) day period.
2. The stay limitation of twenty-four (24) hours within a three (3) day period applies to any property in Nephi City regardless of whether the stay occurs on one (1) parcel of property or on multiple parcels of property during the three (3) day period.

D. Occupying, inhabiting, sleeping, or residing in a recreational vehicle whether hooked to temporary services, or not hooked to temporary services, with only one (1) RV allowed per property (with landowner permission) is only permitted in the following zones with the following conditions and restrictions:

1. On commercial private property for up to twenty-four (24) hours within a three (3) day period.
2. In a designated RV Park that complies with Nephi City Code 10.15.15, any amendments thereto, and any other code or law governing RV Parks in Nephi City.
3. On residential private property with a Temporary Living Permit issued by the city.
4. It is strictly prohibited to use an RV for Temporary Living in a residential zone without an active and duly authorized Temporary Living Permit.
5. It is strictly prohibited to use an RV for Temporary Living on public property, including streets.

E. Occupying, inhabiting, or residing in a semi-truck (with landowner permission) is permitted in the following zones with the following conditions and restrictions:

1. On commercial private property for up to seventy-two (72) hours in a stay.
2. On residential private property it is strictly prohibited.
3. On public property (including streets) contiguous to the highway commercial zone for up to twenty-four (24) hours as long as the semi-truck does not obstruct line of sight from intersections and access points.

F. Occupying, inhabiting, or residing/camping in a Temporary Living Structure, (with landowner permission) is permitted in the following zones and with the following conditions and restrictions:

1. On commercially zoned private property where a camping business is the primary use and business model, the business operating on the property has a duly authorized business license, a camping business is allowed in the zone, and the business is in compliance with all applicable laws and regulations.
2. On residential private property with a Temporary Living Permit issued by the city.
3. It is strictly prohibited to use a tent for temporary living in a residential zone or residential use in a combined use zone without and active and duly authorized Temporary Living Permit.
4. On public property (including streets) is strictly prohibited unless such use has been specifically approved by the City Council, or its designee.

G. Permitting Process:

1. Consistent with the terms of this chapter, upon request, the city may issue a Temporary Living Permit to a person if the following requirements are satisfied:
2. The structure meets the definition of a Temporary Living Structure;
3. The Temporary Living Structure will be used for Temporary Living on the property for no longer than the time allowed for in the permit;
4. The Temporary Living Structure is being allowed on the property for personal not commercial purposes;
5. The property where the Temporary Living Structure will be used for Temporary Living is in a residential zone or residential use in a combined use zone;
6. The party seeking the permit has completed the Temporary Living Permit and has paid the applicable fee.
7. Only two (2) Temporary Living Permits may be obtained per calendar year, per property, and only one (1) temporary living structure may be approved at a time.
8. A party shall not place, store, construct, or locate a structure on property for the purpose of using for Temporary Living until the party has received a Temporary Living Permit from the city. Notwithstanding the above, recreational vehicles may be stored or placed on a lot, parcel, or property, so long as the intended use is not for the purpose of Temporary Living and such storage or placement complies with all other applicable laws.
9. Temporary Living Permits are valid for up to fourteen (14) days. A party may receive consecutive Temporary Living Permits. Under no condition shall a party receive more than two (2) Temporary Living Permits during a calendar year.
10. Temporary Living Permits as issued by the city must be posted prominently and be visible from the public street.  
11. Permanent alterations, or additions to the Temporary Living Structure being used for Temporary Living is strictly prohibited including, without limitation,:
12. Permanent attachment to any city utility services including: water, sewer, gas, or electrical; and
13. Adding any permanent skirting, stairways, awnings, accessory structures, or decking
14. City Officials or their designees may enter private property at reasonable times to inspect Temporary Living Structure that has been permitted by the city. The purpose of the inspection shall be to evaluate compliance with this chapter.
15. Except as specifically authorized in this code, the Temporary Living Structure shall be removed immediately upon the expiration or revocation of the Temporary Living Permit.
16. The city may revoke a Temporary Living Permit at any time if the terms of the permit or this code are violated.
17. The city may deny issuance of a Temporary Living Permit if a party has previously violated a Temporary Living Permit.
18. By issuing a Temporary Living Permit the city makes no representation regarding the health and safety of Temporary Living in a Temporary Living Structure. A party using a Temporary Living Structure assumes any and all risk associated with using the Temporary Living Structure.