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North Logan City Zoning Code

5 Municipal

Property

12-07

5-101 Control Of Property

See UCA Sections 10-8-1 and 10-8-2.

5-103 Erection And Care Of Buildings

See UCA Section 10-8-5.

5-104 Unlawful Use

Unless authorized by permit, other written authorization issued by the municipality, or ordinance of the municipality now or hereafter enacted, it shall be a Class B misdemeanor, unless otherwise provided, for any person to:

  1. Construct, lay, excavate, erect, operate or maintain over, under, across, in or through any property owned or controlled by this municipality any utility, canal, ditch, construction or building.
  2. Enter upon any property of this municipality contrary to posting or marking restricting or prohibiting use of the area.
  3. Intentionally use or perform acts upon property of the municipality which materially impairs, alters, or damages the property.
  4. Violate the posted policies, rules, or regulations of any North Logan City park whether such policies, rules, or regulations are enacted by the City Council, the Parks and Recreation Committee, or the Public Works Director. A violation of this subparagraph shall be an infraction.

HISTORY
Adopted by Ord. 98-03 on 1/1/1998
Amended by Ord. 12-07 on 9/5/2012

5-105 Repair Or Restoration

The governing body, in addition to any other penalty which may be imposed, may order any person who has damaged, altered or changed any property of this municipality to repair or restore the property its original condition prior to the damage, alteration or change.

5-106 Franchise

  1. The governing body may grant to any person a franchise or easement on such terms and conditions as it deems reasonable, for the purpose of entering upon, constructing, building, operating and maintaining any business or for other use of the property of this municipality, and the provisions of Sections 5-104 and 5-105 shall not apply to the extent such provisions are waived, qualified or made inapplicable to the rights or privileges granted in the franchise ordinance or easement.
  2. Any franchise or easement granted by this municipality shall be in writing and any franchise or easement not in writing shall be void.

5-107 Acts Exempted

It shall not be a violation of this part where any person uses the public property of this municipality in the manner or for the purpose or purposes for which such property has been made available for public use.

5-102.1 Transfer Of Park Land, Designated Open Space, Or Other Real Property To The City

Purpose: It is the purpose of this section to define the criteria and regulations that are to be fulfilled before a transfer/donation of parkland, open space, or a trail/access easement, to the city may occur. It is the City's intent that park land, open space, trail/access easements, or other property that have been, or are to be dedicated, transferred, or donated to the City should be transferred in such a way as to be beneficial to North Logan City and not produce an excessive or undue burden on the current, and/or future City budget, resources, staff, or the residents of the community in general. This section also provides the evaluation criteria that are to be used by the City to determine the price or value of real property when transferring, or donating city-owned property to individuals, companies, groups, or entities. This regulation does not include vacating streets and roads which are regulated separately. 

  1. Acceptable Transfer of Park Land to the City.  In order for park land, or other similar open space intended for use as recreational land, to be accepted by the City, or to be considered beneficial to the City, it shall meet the following criteria:
    1. Park land that is to be donated to or otherwise acquired by the city shall be done in accordance with city master plans including but not limited to the General Plan, the North Logan City Parks, Recreation, and Trails Master Plan, storm water control plans, and only when such property shall provide value to the City's parks network.
    2. A culinary water service connection, setter, and meter must be provided for restrooms, drinking fountains, showers, or water features on the property.
    3. The park land must have secondary water provided to the site, along with a fully improved and operational irrigation system within the park itself. The developer/donor must provide, and donate to the City, sufficient secondary water shares and/or water rights as applicable to irrigate the land that is to be acquired by the City. Any secondary water usage, connection, or secondary water fees of any kind associated with the donated park land must be paid by the developer/donor. For areas east of the Logan, Hyde Park, Smithfield Canal, or where secondary water is unavailable, the developer/donor will provide an additional (in addition to item b) above) culinary water service connection, water meter/setter, and a fully improved irrigation system to, and within, any donated park land site. The City may decline to accept land as recreational or park land at its own discretion if the city deems ongoing irrigation costs to be too large or to be inconsistent with the City's water conservation practices.
    4. The park land must consist of at least two (2) acres of fully developed park land. All park designs and installations shall be consistent with the City's Design Standards and include details regarding the park layout and  irrigation design/layout. All designs, amenities, and features of a park need to be approved by the Parks and Recreation Director before acceptance by the City occurs. To be considered a fully developed park the land must include the following amenities and features based on the relative service population in each zone: 

    Zone% of land donated to finished in athletic field or grassNumber of parking stalls per acre of land donatedSize of Pavilion(s) per acre of land to be donated
    RE-175%510 seats
    RE-2 and RE-570%35 seats
    R-1-3080%512 seats
    R-1-2080%515 seats
    R-1-1585%717 seats
    R-1-1585%820 seats
    • Number of Restrooms and Drinking Fountains - One restroom and one two-station drinking fountain if area donated is less than 6 acres, two if more than 6 acres donated
      Size of Playground - 700 sq. ft. of playground per acre of land donated
      Minimum Trails or Path Length -  400 ft. of trail/path per acre of land donated
  2. Acceptable Transfer of  Designated Open Space and other real property to the City:
    1. Real Property: Real property that is designated as a critical land, or wetland, on the Parks, Recreation, and Trails Master Plan or within the General Plan, shall not be donated or transferred to, or accepted by the city in any way. However, a property owner, or developer, may donate a trail easement within a critical land to the city.
    2. Property Adjacent to Existing North Logan Parks:  If park land, open space, or real property, that is to be donated to the City is located directly adjacent to existing North Logan City park land, or undeveloped park land owned by the City, the City Council may choose to waive any of the required amenities at their discretion if the property, that is to be donated, does not provide an unfair or unreasonable burden to the City resources, budget, or staff, or the citizens of the City.
    3. Trail/Access Easements: In order for the city to acquire ownership of easements and for such to be considered beneficial to the City, it shall meet the following criteria:
      1. Trail easements shall correspond with the Parks and Trails Master Plan to provide needed access or connectivity within the community.
      2. Trail easements shall not produce a burden to the current, or future, City resources, budget, staff, or the citizens of the City.