The purpose of this chapter is to provide for the several miscellaneous land development standards which are applicable throughout the City regardless of zone. The requirements of this chapter shall be in addition to the property development standards contained within the provisions of each respective zone. The provisions of this chapter shall prevail over conflicting provisions of any other chapters herein. (Ord. 2000-23, 7-18-2000)

   A.   Findings Of Planning Commission: When a use is not specifically contained in the list of permitted uses in any commercial or industrial zone, but is of the same character and intensity as other uses listed, the Planning Commission may allow the establishment of that use, upon request, if said Planning Commission makes the following findings:

      1.   The establishment of the use will be in accordance with the purposes of the district in which that use is proposed;

      2.   The use will be an appropriate addition to the zone because it has the same basic characteristics as the other uses permitted in the district;

      3.   The use will not be detrimental to the public health, safety or welfare;

      4.   The use shall not adversely affect the character of that district in which it is proposed to be established;

      5.   The use will not create more traffic, odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness, or any other objectionable influence than the amount normally created by any of the uses listed as permitted uses in that district;

      6.   The use will not create any greater hazard of fire or explosion than the hazard normally created by any of the uses listed as permitted uses in that district.

   B.   Public Hearing Required: The planning commission shall, at the same regular meeting in which they have allowed the establishment of a use in accordance with the above provisions, set a public hearing in accordance with section 10-2-1 of this title, at which the planning commission shall determine whether the use should be recommended to the city council as an amendment to this title for addition to the list of permitted uses in the respective zone in which said use has been established. (Ord. 2000-23, 7-18-2000)

If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this title, or with respect to matters of height, yard requirements, area requirements or zone boundaries, as set forth herein, and as they may pertain to unforeseen circumstances, including technological changes and processing of materials, it shall be the duty of the planning commission to ascertain all pertinent facts and set forth its findings and its interpretations, and thereafter such findings and interpretations shall govern. (Ord. 2000-23, 7-18-2000)

The provisions of this title shall not apply to poles, lines or other structures or facilities used or usable by any utility company solely for the purpose of distributing electricity or communication services, and shall not be construed to limit or interfere with the installation, maintenance and operation of public pipelines, electric or telephone distribution and transmission lines, or railroads when located in accordance with the applicable rules and regulations of local and state agencies; except that all transmission lines, electric substations, storage yards and public utility buildings shall be subject to project plan approval if required by the provisions of the applicable zone. (Ord. 2000-23, 7-18-2000)

   A.   R, C Zones: All structures built in residential (R) zones, except for single-family dwellings where more than fifty one percent (51%) of the lots in the block are serviced by overhead wires, and all structures built in commercial (C) zones shall, within exterior boundary lines of such property, have all electrical communication, television service cables and singular distribution service wires or cable placed underground. The owner is responsible for complying with the requirements of this subsection, and he shall make the necessary arrangements with each of the servicing utilities for installation of such facilities.

   B.   Exceptions: Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts, and other facilities necessarily appurtenant to such underground facilities, may be placed aboveground. Water and sewer distribution facilities shall be installed in conformance with the specifications of the city engineer.

   C.   Waiver: The planning commission may waive the requirements of this section in a particular case where it is shown, and the planning commission so finds, that topography, soil, surface water, or other conditions make such underground installation unreasonable or impractical. The provisions of this section shall not apply to existing utilities, facilities, or to the installation and maintenance of overhead electrical transmission lines and overhead communication long distance trunk and feeder lines. (Ord. 2000-23, 7-18-2000)

See title 6 of this code. (Ord. 2000-23, 7-18-2000)

It shall be unlawful for any person to place, keep, maintain or permit to be placed, kept or maintained, a mobile home upon any lot, piece or parcel of land within the city, except in a mobile home park or mobile home subdivision. (Ord. 2000-23, 7-18-2000)

See title 4 of this code. (Ord. 2000-23, 7-18-2000)

   A.   Measuring: Where doubt exists as to height of fences, hedges, buildings, structures, etc., provided for in this title, height limitations shall be measured from the average finished grade of the front yard for buildings, or from the average finished grade of the yard for buildings, or from the actual finished grade along the property line of the yard where fences, hedges or other such structures are located. (Ord. 2000-23, 7-18-2000)

   B.   Exceptions To Limitations: The height limitations of this title shall not apply to church spires, belfries, cupolas, domes, or other special architectural features not used for human occupancy, nor to chimneys, flues, ventilators, skylights, cornices without windows, antennas, radio towers, or properly screened mechanical appurtenances usually carried above the roof level of a building. (Ord. 2006-26, 11-21-2006)

In all zones, no structure, fence, berm, trees or landscaping in excess of three feet (3') above the height of the grade of the nearest back of sidewalk, back of curb or edge of asphalt shall be placed on any corner lot within a triangular area formed by the street property lines and the line connecting them at points in line with the standard building setback for the zone. Additional clear vision area may be required by the city engineer based on guidance from the latest version of the American Association Of State Highway And Transportation Officials (AASHTO) publication, "A Policy On The Geometric Design Of Highways And Streets". A retaining wall in the clear vision area shall be considered a fence. Street trees or other landscaping elements which are pruned and trimmed between a height of three feet (3') to seven feet (7'), so as to not obstruct a clear view by motor vehicle drivers, may be allowed subject to review by the city engineer. (Ord. 2008-16, 7-15-2008)

   A.   Except as provided in this title, every required front, side and rear yard shall be open and unobstructed from the ground to the sky.

   B.   No lot or parcel of land shall be divided or reduced in area or dimensions so as to cause any required yard or open space to be reduced below that existing at the time of the adoption hereof.

   C.   No required yard or open space provided around any building for the purpose of complying with provisions of this title shall be used or considered as a yard or open space for any other building. (Ord. 2000-23, 7-18-2000)

When the common boundary separating two (2) or more contiguous lots is covered by a building or a permitted group of buildings, such lots shall constitute a single building site and the side yard as required by this title shall not apply to such common boundary line. The side yard requirements of this title shall apply only to the exterior boundaries of the contiguous lots so joined. (Ord. 2000-23, 7-18-2000)

In blocks with more than fifty percent (50%) of the buildable lots already developed, the minimum front yard requirement for new construction may be equal to the greatest of the front yards existing on said developed lots; provided, however, this regulation shall not be interpreted to require a front yard greater than the underlying zone, as measured along said block face, fronting on one side of the street. (Ord. 2000-23, 7-18-2000)

   A.   Purpose: The city may consider the use of flag lots in all single-family residential zones with the intent to allow reasonable utilization of property that has sufficient acreage for development, but lacks the required street frontage. The use of flag lots is intended to be restricted to the interior of narrow, deep parcels or other properties not otherwise accessible using residential street standards, and/or where there exists unique topographical or geographical features on the property, such as waterways, steep slopes, etc., which are planned to be preserved by easement. It is not the intent or purpose of this section to encourage odd shaped lots or the inclusion of flag lots in proposed new residential subdivisions merely to maximize the number of lots within the subdivision. Flag lots may be considered when it can be shown that development using the adopted standard public streets outlined in the Vicinity Plan is not feasible and that there will be no negative impacts to the health, safety and welfare of the community in regards to providing sufficient street connections and accessibility for emergency vehicles, and without creating landlocked situations for neighboring properties.

      COMMON STEM: A stem which provides access for two (2) adjoining lots.

   A.   No portion of a minimum lot area prescribed in this title shall be used or considered as part of another lot or parcel of land for purposes of establishing or determining applicable property development standards.

   B.   No lot or parcel of land shall be reduced in size by conveyance or otherwise so that the area thereon is less than the prescribed minimum. (Ord. 2000-23, 7-18-2000)

If a portion of a lot or parcel of land which meets the minimum lot area requirements of a respective zone is acquired for public use in any manner, including dedication, condemnation or purchase, and such acquisition reduces the area below such minimum requirements, the remainder of such lot or parcel shall also be acquired for public use and the entire parcel will be maintained by the City. Exceptions to this provision may be considered and granted by the Planning Commission. (Ord. 2000-23, 7-18-2000)

A reduction in the minimum required area for a lot or parcel of land which is owned by the City, County, State or other public entity or public utility, may be approved by the Planning Commission, provided the proposed use for such lot or parcel meets setback requirements and is used exclusively for public purposes; and provided, that no living quarters are located upon such lot or parcel. Such public use runs with the land and associated language shall be included on the recorded subdivision plat. (Ord. 2011-28, 12-6-2011)

A double frontage or through lot shall have a front yard as required by the respective zone on each street on which it abuts. In no case shall the front yard setback be reduced along any collector or arterial street. (Ord. 2000-23, 7-18-2000)

See section 6-5-21 of this Code. (Ord. 2000-23, 7-18-2000; amd. 2003 Code)

Whenever a front or side yard is required for buildings abutting on a proposed street which has not been dedicated or constructed, but which has been designated by the planning commission as a future street on the official map, the depth of such front or side yard shall be measured from the nearest line of the planned street. (Ord. 2000-23, 7-18-2000)

Swimming pools of permanent construction which are not enclosed within a building shall be set back at least five feet (5') from all property lines and shall be completely surrounded by a fence or wall having a height of at least six feet (6'). Fences shall be designed so that openings will not permit a four inch (4") diameter sphere to pass through them, except for gates which shall be equipped with self-closing and self-latching devices. (Ord. 2000-23, 7-18-2000)

The purpose of this provision is to ensure a wholesome and safe environment for the sector of our population that are not considered adult. To accomplish this objective, the following standards shall apply:

   A.   Defined: "Adult entertainment" is defined as any shop, retail business, store, drugstore or other premises that caters exclusively to adult persons to the advertised exclusion of minors. (Ord. 2000-23, 7-18-2000)

   B.   Distance Requirements: No adult entertainment business shall be located within a six hundred foot (600') radius of any church, park, school, public library, public playground or residential zone, as measured by a straight line without regard to intervening structures. The distance is measured from the property line of the church, park, school, public library, public playground or residential zone nearest the adult business and the property line of the adult business nearest the church, park, school, public library, public playground or residential zone.

   C.   Distance To Another Adult Facility: No adult business shall be located within a six hundred foot (600') radius of another adult business. The distance is measured from the property line of the adult business nearest the proposed location of the new adult business and the property line of the proposed adult business nearest the established sexually oriented business. (Ord. 2000-23, 7-18-2000; amd. 2003 Code)

   A.   Permit Required: Upon application for a permit to establish a residential facility for handicapped persons in any zone in which such facility is a permitted use, a facility that conforms to the conditions listed below shall be granted a permit. Such permit shall be nontransferable and shall terminate if the structure is devoted to a use other than as a residential facility for handicapped persons or, if the structure fails to comply with the conditions listed below:

      1.   All building, safety and health ordinances applicable to similar dwellings be met;

      2.   The operator of the facility provide assurances that the residents of the facility will be properly supervised on a twenty four (24) hour basis;

      3.   No group home for handicapped persons be established within three-fourths (3/4) mile of another existing group home;

      4.   The operator of the facility provide adequate off street parking space as required by chapter 18 of this title;

      5.   The facility be capable of use as a residential facility for handicapped persons without structural or landscaping alterations that would change the structure's residential character;

      6.   No person being treated for alcoholism or drug abuse be placed in a residential facility for handicapped persons;

      7.   No person who is violent or has any record of sexual offense be placed in a residential facility for handicapped persons;

      8.   Placement in a residential facility for handicapped persons be on a strictly voluntary basis and not a part of, or in lieu of, confinement, rehabilitation or treatment in a correctional facility.

   B.   Conditional Use Permit: Any residential facility for handicapped persons which is subject to a conditional use permit shall comply with the standards enumerated above and, in addition, with such reasonable conditions as may be imposed pursuant to a conditional use permit. (Ord. 2000-23, 7-18-2000)

   A.   Requirements: Any motor vehicle repair use which is subject to the conditional use process shall comply with the following:

      1.   All repair, painting and body work activities, including storage of tools, vehicle parts and supplies, shall take place within an enclosed structure.

      2.   No more than twenty five percent (25%) of the lot used by the proposed business may be used for storage of vehicles and all such vehicles shall be stored on the rear portion of the lot and be screened with a masonry wall at least eight feet (8') in height.

      3.   Additional landscaping shall be provided in the front yard.

      4.   If any existing building must be converted to accommodate the proposed use, the exterior shall be upgraded to improve its appearance, which shall be compatible with and superior to the surrounding structures.

      5.   The standards described in section 10-2-4 of this title.

   B.   Applicability: Any automobile repair use which is located in a zone in which automobile repair is a conditional use shall comply with this section as part of any proposed expansion. This provision shall apply to automobile repair uses established before or after the date automobile repair was made subject to the conditional use process in the applicable zone. The conditional use permit shall be obtained as part of the project plan approval process. (Ord. 2000-23, 7-18-2000)

   A.   Definitions: As used in this section, the following words and terms shall have the meanings ascribed to them in this subsection:

    BED AND BREAKFAST: A residential building of historic or neighborhood significance in which not fewer than three (3) but not more than nine (9) rooms are rented out by the day, offering overnight lodging to tourists, and where one meal shall be provided to overnight paying guests.

   BED AND BREAKFAST INN: A building or buildings designed to accommodate up to eighteen (18) rooms for lodging on a nightly or weekly basis to paying guests. This use may be allowed in the R-R zone; provided, that there are at least five (5) acres per facility. A bed and breakfast shall provide meals to overnight guests only and shall not provide meals to others.

   B.   Requirements For Compliance: A "bed and breakfast" use, as defined above, when allowed as a conditional use, shall be approved only in compliance with the following:

      1.   A bed and breakfast inn may be permitted as a conditional use in any commercial zone or in the A-1 or R-R zone. A bed and breakfast use may be permitted as a conditional use in any residential zone where a building has received an historical designation by the state or federal government. (Ord. 2000-23, 7-18-2000; amd. 2003 Code)

      2.   Two (2) off street parking spaces shall be provided for the owner operator, plus one off street space per room or fraction thereof, that serves as a guest bedroom. No parking spaces shall be provided within the required front yard.

      3.   Any proposed additions must be compatible with the architectural style and building materials of the dwelling.

      4.   A landscaping and screening plan must be submitted which enhances the appearance of the site by reducing or screening all parking areas to minimize their visual intrusion on abutting properties.

      5.   Meals shall be served to residents, employees, overnight lodgers and guests of overnight lodgers only. No cooking facilities shall be allowed in guest rooms.

      6.   Such use shall conform to all applicable health, safety and building codes and must be capable of such without structural or site alteration which changes the residential character of the structure and yards.

      7.   No alcoholic beverages shall be sold on the premises.

      8.   No receptions, banquets or catering shall be permitted, except for facility in the commercial zone.

      9.   Any commercial use shall be incidental to the bed and breakfast use, i.e., a gift shop, etc., and shall be limited to five percent (5%) of the total square foot area of the main floor of the building.

      10.   One identification sign not exceeding the area requirements for the respective zone in which the inn is located may be placed on an ornamental masonry wall or monument. The freestanding sign shall not be higher than five feet (5') unless the sign is located adjacent to an arterial road, in which case the height of the sign shall not exceed ten feet (10'). If illuminated, only hooded spotlighting is allowed, thus prohibiting backlighted signs.

      11.   No long term rental of rooms shall be permitted. The maximum stay for lodgers shall be seven (7) days.

      12.   A city business license shall be obtained as a condition of approval.

      13.   Supervision by an on site manager or owner shall be required on a twenty four (24) hour per day basis.

      14.   Care shall be taken to ensure that no exterior lighting shines directly onto adjoining properties. (Ord. 2000-23, 7-18-2000)

Any application for a permit to maintain a liquor store as a conditional use shall conform to the following:

   A.   No liquor store or private club may be established within one thousand feet (1,000') of the nearest residential zone boundary line, measured in a straight line from the nearest entrance of the liquor outlet.

   B.   Liquor stores and private clubs shall locate on either "collector" or "arterial streets", as defined in the general plan.

   C.   Off street parking shall be provided at the rate of one space per one hundred (100) square feet of total floor space in the building for liquor stores. (Ord. 2000-23, 7-18-2000)

   D.   A permit to maintain a liquor store as a conditional use must be approved by the planning commission. Approval by the city council shall be obtained as required by title 3, chapter 2 of this code. (Ord. 2000-23, 7-18-2000; amd. 2003 Code)

   A.   Family (Home) Daycare Services: "Family (home) daycare" services, as defined in section 10-6-2 of this title, require a home occupation permit. The provider is limited to not more than eight (8) children. The provider must reside in the residence where services are provided. The provider must receive a license from the state within sixty (60) days after approval from the city.

   B.   Family (Home) Group Daycare: "Family (home) group daycare", as defined in section 10-6-2 of this title, requires a conditional use permit. The provider is limited to at least eight (8) children (including provider's own children), but less than thirteen (13) children. The provider must reside in the residence where services are provided. The subject residence must conform to the international building code prior to operating the facility. The provider must receive a license from the state within sixty (60) days after approval by the city. (Ord. 2003-17, 10-21-2003)

   C.   Nursery, Day Childcare Center, Preschool: "Nursery, day childcare center, preschool", as defined in section 10-6-2 of this title, require a conditional use permit. All centers must comply with the international building code prior to occupancy and must receive a license from the state within sixty (60) days after the approval by the city. (Ord. 2002-11, 8-6-2002; amd. 2003 Code)

   D.   State Statute Requirements: Any additions or exceptions from the above must conform to the applicable Utah Code Annotated. (Ord. 2000-23, 7-18-2000)

The city council and the planning commission, which advises the council on zoning matters, have determined that the various aspects of architectural design have significant impact on the character and value of the city neighborhoods and business districts, and that preserving and enhancing this character requires the existence of a certain harmony and compatibility in these aspects from one building or dwelling to the next and throughout the particular neighborhood or district. They have also determined that preserving and enhancing the visual character of certain entryways to the city, and areas of unique historical or architectural significance, furthers the economic and cultural well-being of the community. Additionally, the city finds that these same benefits should be extended to the entire city. The design standards outlined below address general design relationships and site planning principles. They are standards that could apply to any area of the city.

   A.   Construction Activity: The planning commission will review different kinds of "construction" activity that need design approval; and each kind will need a slightly different application of the guidelines:

      1.   For the construction of new buildings (including residences) and parts of buildings, the focus is on the compatibility of new construction with the existing character (style, size, etc.) of the immediate area.

      2.   For reconstruction, remodeling, addition and repair of existing structures, this rehabilitation will be done in line with the original character of the structure.

      3.   For relocation of buildings, those buildings moved to sites must be compatible with the surrounding buildings.

      4.   For the demolition or removal of all or parts of existing buildings, compatible replacement structures must be sought.

      5.   For sign permits, the sign is to be designed as an integral architectural element of the building and site to which it relates, and is compatible with the overall character of the area.

   B.   Harmony Of Design:

      1.   To preserve the design character of the existing immediate area, to protect the visual pattern of the community, to protect the value of surrounding properties and to promote harmony in the visual relationships and transitions between new and older buildings, new buildings, including residences, should be made sympathetic to scale, form, size, and proportion of existing buildings. This can be done by repeating building lines and surface treatment and by requiring some uniformity of detail, scale, proportion, textures, materials, color and building form.

      2.   The use of unusual shapes, color and other characteristics that cause new buildings to call excessive attention to themselves and create a jarring disharmony shall be avoided or reserved for structures of broad public significance.

      3.   The height and bulk of new buildings shall be related to the prevailing scale of development to avoid overwhelming or dominating existing development.

      4.   Building additions should be designed to reflect existing buildings in scale, materials and color. Facade renovations should include as few different materials as possible.

      5.   The architectural style of new or redeveloped structures shall be compatible with the predominant architectural themes of the district. Contemporary design for new buildings in old neighborhoods and additions to existing buildings or landscaping should not be discouraged if such design is compatible with the size, scale, color, material and character of the neighborhood, building or its environment.

      6.   Adjacent buildings of different architectural styles shall be made compatible by such means as materials, rhythm, color, repetition of certain plant varieties, screens, sight breaks, etc.

      7.   The construction of additions to existing buildings should be generally discouraged in yards adjoining public streets and should instead be confined to side and rear yards which are generally out of public view.

      8.   To preserve the continuity prevailing along each block face, the orientation of the building's principal facade shall complement that of the majority of buildings in the same block face (either parallel or perpendicular to the street).

      9.   The open expanse of front lawns and the quantities of planting within them of new or redeveloped structures shall be comparable to that of existing structures.

      10.   Projects shall be designed in context with their surroundings. This means that enough visual linkages between existing buildings and the proposed project shall be provided so as to create a cohesive overall effect. In addition to those noted above, visual linkages shall include: window proportions, entryway placements, decorative elements, style, materials and silhouettes. (Ord. 2000-23, 7-18-2000)

      11.   Access control. Doors, shrubs, fences, gates, and other physical design elements should be used to discourage access to an area by all but its intended users.

      12.   Surveillance should be encouraged by placing windows in locations that allow intended users to see or be seen while ensuring that intruders will be observed as well. Surveillance is enhanced by providing adequate lighting and landscaping that allow for unobstructed views.

      13.   Territoriality should be augmented by the use of sidewalks, landscaping, porches, and other elements that establish the boundaries between public, semi-private and private areas.

      14.   Projects should be designed with human scale foremost.

      15.   To promote quality design, stabilize and improve property values and create a pleasing visual appearance, all buildings with metal exterior covering may be permitted by conditional use permit in commercial and industrial zones. The planning commission shall base its evaluation on the architectural treatment and appearance of the building facade, when visible from any public street. (Ord. 2000-23, 7-18-2000; amd. 2003 Code; Ord. 2004-19, 8-17-2004)

   A.   Landscaped Yard: Where a lot in any business, commercial or industrial zone abuts a lot in any residential zone, there shall be provided a landscaped yard of at least twenty feet (20') in width along such property line. In addition, the required setback shall increase at least one additional foot for each one foot (1') of building height over twenty feet (20'). (For example: A building 22 feet high would be set back 22 feet).

   B.   Corner Side Yard Setback: Where the side yard of a commercial corner lot lines up with the front yards of residential properties facing the side street, the minimum side yard setback on the corner shall be twenty five feet (25') from the street right of way line.

   C.   Front Yard: Where a lot in any business, commercial or industrial zone abuts a lot in any residential zone, there shall be provided a landscaped front yard at least equal to the residence on the abutting property.

   D.   Parking Lots: Any parking lot consisting of four (4) or more spaces and that portion of the driveway back of the building line is to be screened from the street and from adjoining properties in the residential zone by either a landscaped berm two feet (2') high at the crown, a hedge row at least five feet (5') high at maturity, or masonry wall not more than three feet (3') high in the front yard, and not less than eight feet (8') high located back of the building line.

   E.   Lighting: All building and parking lot lighting is to be arranged so that there will be no glare therefrom to the occupants of adjoining property in a residential zone.

   F.   Prohibited Uses: Uses will be strictly prohibited next to a residential zone that involve open storage of merchandise or equipment, off premises signs, trade or industry that is noxious or offensive by reason of the emission of odor, smoke, gas, vibration or noise.

   G.   Overhead/Bay Doors: No overhead/bay doors are permitted in the wall of the building which faces the residential zone if said wall is closer than twenty five feet (25') to the property line. (Ord. 2000-23, 7-18-2000)

   H.   Mechanical Equipment: All mechanical equipment (i.e., air conditioners, fans, pumps, etc.) should be located within the building or on the roof with parapet walls. Any mechanical equipment located on the outside of the building within twenty five feet (25') of the nearest residential use/dwelling property line must have a visual/noise barrier (masonry wall or landscaping) that completely surrounds the equipment and extends at least one foot (1') above the equipment. In no case shall the noise from mechanical equipment exceed an eighty five (85) decibel level. (Ord. 2000-23, 7-18-2000; amd. 2003 Code)

   I.   Loading Docks: No loading docks, delivery pick up areas, etc., may be located within fifty feet (50') of a residential use/dwelling property line. These areas must be screened from public view with a six foot (6') masonry wall.

   J.   Nonresidential Trash Containers: No nonresidential trash container shall be located closer than twenty five feet (25') to a residential side property line. (Ord. 2000-23, 7-18-2000)

   K.   Noise Limits 1 : Developments shall comply with the following community noise limits for the selection of development site and construction methods utilized. The values shown are day and night average noise levels (Ldn) scale with "A" weighting. Noise studies and construction of mitigation systems may be required.

 

 

(Ord. 2000-23, 7-18-2000; amd. 2003 Code)

Any detached single-family or two-family dwelling located on an individual lot outside of an R-M zone must meet the off street parking requirements in chapter 18 of this title and the following standards in addition to any others required by law: (Ord. 2000-23, 7-18-2000)

   A.   Building Code Requirements: The dwelling must meet the requirements of the international building code or, if it is a manufactured home, it must meet the requirements of the HUD code, and must not have been altered in violation of such codes. A used dwelling must be inspected by the chief building official or his designee prior to placement on a lot to ensure it has not been altered in violation of such codes. Any violations must be corrected as directed by the chief building official. (Ord. 2000-23, 7-18-2000; amd. 2003 Code)

   B.   Taxation: The dwelling must be taxed as real property. If the dwelling is a manufactured home, an affidavit must be filed with the state tax commission pursuant to Utah Code Annotated section 59-2-602.

   C.   Utility Connections: The dwelling must be approved for and permanently connected to all required utilities.

   D.   Foundation: Each dwelling shall have a code approvable site built concrete, masonry, steel or treated wood foundation.

   E.   Roof: Dwellings shall have a roof surface of wood shakes, asphalt, composition, wood shingles, concrete, fiberglass or slate tiles, or built up gravel materials. Unfinished galvanized steel or unfinished aluminum roofing shall not be permitted. There shall be a roof overhang at the eaves and gable ends of not less than six inches (6"), excluding rain gutters, measured from the vertical sides of the dwelling. The roof overhang requirement shall not apply to areas above porches, alcoves and other appendages which together do not exceed twenty five percent (25%) of the length of the dwelling.

   F.   Siding: Dwellings shall have exterior siding material consisting of wood, hardwood, brick, concrete, stucco, glass, metal or vinyl lap, tile, or stone.

   G.   Width: The width of the dwelling shall be at least twenty feet (20') at the narrowest point of its first story for a length of at least twenty feet (20'), exclusive of any garage area. The width shall be considered the lesser of the two (2) primary dimensions. Manufactured homes shall be multiple transportable sections. (Ord. 2000-23, 7-18-2000)

   H.   Garage Or Carport: Single dwellings in the R-1-8 and larger zones shall be provided with a garage or carport having a minimum interior width of twenty feet (20') and constructed concurrently with the dwelling. Single dwellings in all zones permitting lots less than eight thousand (8,000) square feet shall be provided with a garage or carport having a minimum interior width of twelve feet (12'). Garages may not be converted into livable space unless a new attached or detached garage is built prior to occupancy of the converted garage space. (Ord. 2017-3, 1-17-2017)

   I.   Minimum Floor Area: All single-family detached and two-family dwellings have a minimum aboveground main floor area and total finished square footage (exclusive of garage) as follows:

 

(Ord. 2013-4, 3-19-2013)

   J.   Porches Or Decks: Wood or metal porches, decks or verandas are only permitted on the front of the house when covered with a roof.

   K.   Design Review: In order to preserve property, valuation and neighborhood visual quality and harmony in any area (regardless of zone), any and all new individual residential construction in that area must comply with section 10-15-28 of this chapter. (Ord. 2000-23, 7-18-2000)

   L.   Deviations: The Community Development Director may approve deviations from one or more of the developmental or architectural standards contained in subsections E through J of this section, on the basis of a finding that the architectural style proposed provides compensating features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity. The determination of the Community Development Director may be appealed to the Hearings Officer pursuant to the provisions of section 10-2-4 of this title. (Ord. 2017-29, 5-16-2017)

The required parking shall not be located across a public street, or with an intervening property, except by conditional use permit approved by the Planning Commission, subject to the conditions set forth below: (Ord. 2000-23, 7-18-2000; amd. 2003 Code)

   A.   Proximity Of Off Street Parking: Off street parking approved under this section must be located such that the nearest property line of the lot is within four hundred feet (400') of the nearest property line of the lot containing the land use activity it serves, as measured along the shortest pedestrian route, with the following exception:

Parking to be provided may not be located farther than eight hundred feet (800') from building to parking lot, subject to the Planning Commission approval.

   B.   Location To Intersection Or Crosswalk: The parking lot, if across the street from the main land use activity it serves, shall be located within two hundred feet (200') of a regulated intersection or approved crosswalk in the direction of pedestrian traffic.

   C.   Engineering Report: The applicant shall, at his or her own expense, submit a report from a qualified traffic engineer assessing the probable vehicular and pedestrian impacts from the off site parking lot, and including any recommendations for the mitigation of safety concerns.

   D.   Liability: The applicant shall assume the full liability, and responsibility for the lot, as well as any costs associated with improvements that may be required to enhance safety.

   E.   Granting Of Permit: If, after review by the Planning Commission staff, the Planning Commission finds that the off site lot will not pose any significant traffic safety problems, and that it complies with all other provisions of the zoning ordinance, the permit shall be granted. (Ord. 2000-23, 7-18-2000)

   A.   Conditional Use; Permitted Zones: Twin home development shall be allowed as conditional uses in the residential zones, as long as the lot size, setbacks and frontage requirements for each unit have been satisfied.

   B.   Design:

      1.   To the greatest extent possible, designers of twin homes should strive for a single-family detached appearance. Instead of looking like a duplex, where each unit mirrors the other, the homes should be designed so that they have the appearance of one large unit. This can be accomplished by separating the entrance of one unit from the entrance to the adjacent unit, or by utilizing grade changes and roofline variety.

      2.   The primary entrances for one unit including the garage door shall not be located on the same facade as the other.

      3.   Where physically possible on corner lots, accesses to primary entrances including driveways and walkways shall not share the same frontage.

   C.   Zones Permitted: Twin homes shall only be permitted in R-1 single-family residential zones and the RM-7 medium multiple- residential zone. All requirements of the underlying zone shall be met.

   D.   Off Street Parking:

      1.   Each dwelling shall have not less than two (2) off street parking spaces, at least one of which is within an attached carport or fully enclosed attached garage.

   E.   Center Wall: The center wall between the dwelling units shall be on the property line and shall be designed and constructed for soundproofing with a maximum sound isolation.

   F.   Fencing: The front yard of a twin home property may not be divided by a fence but the rear yard may be divided according to each unit.

   G.   Landscaping Plan: Development plans shall include a landscaping plan for both front and street side yards, which shall be installed by the developer. CC&Rs shall establish how common landscaping shall be maintained.

   H.   Separate Utilities And Building Drains: Each side of the twin home shall be separately metered for water and power. Building drains shall be separate as they leave the building.

   I.   Application For Permit: Application for conditional use permit shall be made as per section 10-2-4 of this title, and plans shall undergo administrative project plan review as per section 10-2-9 of this title.

   J.   Plat: Twin home subdivision plats may be drawn as a three (3) lot or two (2) lot plat:

      1.   A three (3) lot plat shall include individual parcels for the building pad of each dwelling and designated common area surrounding the building pads as a third individual parcel. The building footprint parcels shall meet the minimum front, side, and rear setbacks for the underlying zone. The combined area of the common area and twin home dwelling parcels shall be at least twice the minimum lot size of the underlying zone. Development CC&Rs shall establish how the subdivision common area is to be maintained, or

      2.   A two (2) lot plat shall include individual parcels for each dwelling with the dividing line separating the two (2) dwellings. Both parcels shall meet the minimum front, side, and rear setbacks for the underlying zone. The combined area of the two (2) parcels shall be at least twice the minimum lot size of the underlying zone. (Ord. 2015-40, 10-20-2015)

   A.   Definitions:

      1.   Stormwater Management Basin: Alternately termed "detention basin", "retention basin", "debris basin", or "containment basin", largely depending upon the basin's basic use and upon local preference. In general, any such basin assists in the management of stormwater by holding stormwater during times of high runoff rate and then either infiltrating the runoff into the soil, or metering the water out of the basin into a stormwater system at a manageable, reduced flow rate. The basins reduce flooding in the city as a whole or within a given development , and reduce the effects of urbanization on runoff, such as increased storm water discharge and conveyance of pollutants. The basins may also be utilized in infiltrating or treating flows as part of Low Impact Development practices.

      2.   Retention: Holding water in a basin that has no open outlet such that it must infiltrate into the soil.

      3.   Detention: Holding water during times of high runoff and discharging it out of the basin at a controlled rate into a downstream stormwater conveyance system.

   B.   Determination of Basin Parameters:

      1.   The city engineer will determine or certify the design parameters of each stormwater management basin based upon its capability to provide the volume required as outlined in Title 8, Chapter 6 and Title 11, chapter 7 of this Code, and in accordance with the requirements of the Storm Water Technical Manual.

      2.   Design parameters shall be provided as required by City Code, the Storm Water Technical Manual, or any parameters determined necessary by the City Engineer in order to meet Utah Division of Water Quality requirements.

      3.   The developer will provide a drainage plan which specifically defines all surface and underground elements and which shows grading details of all applicable areas. The plan will identify all pervious and impervious areas, and will show how all runoff is conveyed into and collected in the project basins.

      4.   Retention is only permitted as part of Low Impact Development practices for infiltrating water up to the Project Volume Retention Goal (Vgoal) as defined in Title 8, Chapter 6 of this Code. Any other use of retention must be approved by the City Council due to site or technical issues preventing other means of addressing the storm water, or lack of stormwater conveyance or detention facilities downstream.

      5.   A detention basin shall be designed with a means of gravity evacuation to facilitate its availability as a recreation area. Exceptions for approved retention basins may be made by the City Engineer for technical issues that make a detention facility infeasible or due to the absence of downstream drainage facilities.

      6.   Any Low Impact Development measures incorporated into the detention basins must have plans submitted defining all surface and underground elements. The design must not the interfere with the functionality of the basin, or other drainage requirements specified by this code.

      7.   See Title 8, Chapter 6 and Title 11, chapter 7 of this code for storm water design requirements.

   C.   Responsibility for Basin Implementation:

      1.   For new industrial, commercial or multi-family residential development all aspects of basin implementation are the responsibility of the developer, including provision of the land the basin will require, a geotechnical study and report where required, the basin design for certification by the city engineer, basin construction following design approval, all stormwater collection and discharge facilities, and basin landscaping.

      2.   Basins that serve the city in general are the responsibility of the city.

      3.   Single-family residential developments shall not be required to install detention basins and must participate in the city's LID Bank and pay the MS4 LID Residential development Fee based on the Vgoal volume in accordance with the adopted fee schedule. Where there is no feasible option to convey storm water from the site to a master-planned regional facilities, as determined by the City Engineer, an exception may be granted by the City Engineer to create a local retention facility that meets the current LID design guidelines. The City Council must approve all such facilities, including the proposed ownership and any required maintenance agreements.

   D.   Basin Ownership and Continued Maintenance Responsibility:

      1.   Regional basins serving the city: Such basins are public property and are maintained by the city.

      2.   Basin serving a specific residential, commercial or industrial development:

         a.   Basins will be brought to completion standards by the developer and its disposition for ownership and continued maintenance will then be in one of the following methods:

            (1)   Multi-Family Residential: The basin must be deeded to and owned by a homeowner's association representing all properties connected to roads, property, or other facilities that utilize the basin. The basin must be located on property set aside for this purpose. The developer must place written conditions on the association and a copy must be filed with the City. The conditions must include the following:

               i.   Nothing that can be damaged by being submerged in a basin, whether temporary or permanent, can be built, stored, erected, located or parked in the basin. Concrete pads for sports courts or similar features are allowable in the basin. Tot lots, benches, pavilions, etc. are not allowed to be constructed in the basin.

               ii.   Only grass, rock with weed barrier, or other suitable ground cover that can be submerged in water can be included in the basin's landscaping. Bark mulch, trees, and shrubbery are not allowed in a basin.

               iii.   The basin area may, at the owner's discretion, be used for sports or recreation that does not impede the function of the basin.

            (2)   Commercial and Industrial Sites: The basin shall be owned and maintained by the owner of the common property or facilities, whether that be an individual, entity, or a property owner's association.

               i.   Nothing temporary or permanent can be built, stored, erected, located or parked in the basin. Only grass, rock with weed barrier, or other suitable ground cover that can be submerged in water can be included in the basin's landscaping. Bark mulch, trees, and shrubbery are not allowed in a basin.

      3.   For various technical reasons, the City Engineer may determine a given basin of any size must be owned and maintained by the city. Acceptance of such facilities must be approved by the City Council as part of the approval process of the development, as specified elsewhere in the Code.

      4.   Low Impact Development measures incorporated into basins will be operated and maintained by whoever owns the basin. Any other arrangement must be part of an agreement approved by the City Engineer.

   E.   Unlawful Uses: The basin shall not be used as a receiving body or holding facility for underground or irrigation water or other wastewater which is not direct storm runoff. (Ord. 2000-23, 7-18-2000; amd. Ord. 2020-28, 12-15-2020)

Indoor entertainment, including uses such as dance halls, clubs, roller and ice skating rinks, theaters, etc., which do not serve alcoholic beverages, when allowed as a conditional use, shall be approved only in compliance with section 10-2-4 of this title. These uses shall be considered as a conditional use in any nonresidential zone as long as the following criteria have been complied with. These conditions are imposed to protect the surrounding areas and lifestyles:

   A.   Parking: One off street parking space shall be provided for each four (4) occupants, based on the maximum occupancy load for the use, or as otherwise determined by the planning commission.

   B.   Lighting Of Parking Lot: The parking lot be lighted sufficiently to provide safety to customers and clients. Lighting design must protect surrounding properties and residents from unwanted glare and disturbance to lifestyles.

   C.   Parking Considerations: In determining conveniently located parking, the planning commission shall consider:

      1.   The visibility of the parking area from the building;

      2.   The lighting, existing physical development, and types of uses between the parking lot and the facility;

      3.   The parking area shall be surfaced with a material such as chip sealed gravel or asphalt to assure minimum dust conditions.

   D.   Frontage Or Access: Buildings to be used for such uses have frontage on an arterial or collector road, or have access to said road within three hundred feet (300') from the main entrance of the building. Connecting private roads (building to arterial/collector), parking areas and sidewalks are to be surfaced with chip sealed gravel or asphalt material to minimize dust.

   E.   Location Requirements: No dance hall use be located closer than four hundred feet (400') to any public elementary, secondary school or residence, measured in a straight line between the dance hall structure and the affected school/residence from the property line with the following exemptions:

      1.   Dance halls located in the C-S or C-G zone.

      2.   If the affected resident agrees to a lesser distance in writing to the conditional use permit.

   F.   Agricultural Surrounding: In the event of an agricultural surrounding, the conditional use intended shall be carried out in such a way as to cause no objectionable odors other than normally expected in an agricultural setting.

   G.   Neighborhood Meeting: A neighborhood meeting, held after public notice and open to full public participation, must be conducted prior to application for a public hearing before the planning commission, involving the applicant, the neighborhood chairperson and representatives from the city. Ten (10) days' advance notification of this neighborhood meeting must be given, at the expense of the applicant, to each property owner within five hundred feet (500') of the intended conditional use property.

   H.   Noise Control: No musical instruments, stereophonic equipment, sound amplifier or similar device shall be operated in such a manner as to create a noise or vibration disturbance to any residence. If such a device is plainly audible and thus disturbing on the property of another or within a building other than that within which the device is located, the operator of the offending indoor entertainment must lower the level of amplification until the condition is corrected.

   I.   Business License Required: Each conditional use granted under this section must also obtain the related city license and meet all of its conditions.

   J.   Complaints: If a complaint is made to the police department and verified by them that a real disturbance of any sort exists, this shall serve as prima facie evidence of a violation of this condition of approval and will cause an immediate review of the approval and could result in that approval being withdrawn and denied until the condition of withdrawal is corrected to the satisfaction of the complainant and to verification of this by the police. If complaints are found to be frivolous, of a harassing nature and without real foundation, the complainant will be liable for the expenses incurred during the investigation on the part of the city and the conditional use permit holder.

   K.   Building Code Compliance: The building intended for this conditional use must meet approval of the fire chief and receive a certificate of approval, which must be conspicuously posted in the building at all times.

   L.   Health Requirements: The building intended for this conditional use must meet the approval of the county board of health regarding adequacy of public restrooms (including sewage disposal facility), as well as any public facilities.

   M.   Security: Security of the premises and security provisions during its hours of public use must be certified to the director of plans by the director of public safety. (Ord. 2008-25, 10-7-2008)

Service organizations that are determined to be moderate impact uses may be permitted by the planning commission through the issuance of a conditional use permit, subject to the following conditions. "Service organization" means those that provide temporary housing or substance to those in need; or temporary board or room for youth or adults in a rehabilitation status.

   A.   Parking: Parking must be provided in compliance with chapter 18 of this title. If a parking standard is not established by ordinance, the proposed parking must be reviewed and approved by the planning commission.

   B.   Lighting Of Parking Lot: Parking lots shall be lighted sufficiently to provide safety to customers.

   C.   Parking Considerations: In determining conveniently located parking, the planning commission shall consider:

      1.   The visibility of the parking area from the building and the street.

      2.   The lighting, existing physical development, and landscaping around the parking.

   D.   Management Responsibility: The service organization management be responsible for the following:

      1.   Parking lots, grounds and premises be closed and vacated within thirty (30) minutes of closing of the service organization.

      2.   The service organization operator will be responsible for the control of loitering, noise, conduct of clients and litter in and around parking areas.

      3.   The premises be posted for "no trespassing" and "no loitering" after normal business hours. (Ord. 2000-23, 7-18-2000)

   E.   Neighborhood Meeting: A neighborhood meeting, held after public notice and open to full public participation, must be conducted prior to application for a public hearing before the planning commission, involving the applicant, the neighborhood chairperson and representatives from the city. Ten (10) days' advance notification of this neighborhood meeting must be given, at the expense of the applicant, to each property owner within five hundred feet (500') of the intended conditional use property. (Ord. 2000-23, 7-18-2000; amd. 2003 Code)

   F.   Location To Residential Zone: Miscellaneous service organizations shall not be located closer than four hundred (400) linear feet to a residential zone and must be bordered on all sides by a commercial zone, including across public streets.

   G.   Off Street Parking Distance: Designated off street parking shall be located no closer than four hundred feet (400') from a residential zone. (Ord. 2000-23, 7-18-2000)

   H.   Noise Disturbances: The service organization shall not cause excessive noise. If a complaint is received by the police department that a noise disturbance exists, this shall serve as prima facie evidence of a violation of this condition of approval. (Ord. 2000-23, 7-18-2000; amd. 2003 Code)

   I.   Maintenance: The service organization shall preform routine and proper maintenance of the exterior of the building and grounds. (Ord. 2000-23, 7-18-2000)

   A.   Purpose And Objectives: This section separates regulations governing amateur communications from the private/noncommercial radio communications and related equipment, and from the regulations of the commercial communication/business related equipment and facilities, and establishes provisions relating to demand, visual mitigation, r-f noise, engineering, residential impact, health, safety and facility siting. Such equipment may include, but is not limited to, cellular or PCS (personal communication system), paging and microwave systems, and associated antennas, dishes, mounting structures, and related equipment communications. All facilities shall comply with the following regulations and all other ordinances of the city and any pertinent regulations of the federal communications commission (FCC) and the federal aviation administration (FAA).

   B.   Amateur Communications: This subsection shall apply to amateur radio antennas and support structures. The equipment and facilities mentioned above shall be allowed in all zones within the city, and it is the city's intent to provide reasonable accommodation for such communications. These are regulated by the federal communications commission (FCC); however, the following shall be required:

      1.   Building Permit Required: A building permit for an antenna support structure is to be submitted to the community development department with the following items:

         a.   A site plan identifying the property boundary, location of existing buildings and structures, the proposed location for the support structure, and the distance relationship between these illustrated items;

         b.   Manufacturer's specifications for the antenna support structure, including details of footings, guywires if required, and height; and

         c.   A copy of the applicant's amateur radio license.

      2.   Amateur Antenna Support Structures: No more than one amateur support structure per lot may be installed, and shall be located in the rear or side yard of a home or main structure. The following additional standards shall apply:

         a.   Minimum setbacks for all amateur support structures shall be twenty feet (20') from neighboring property lines and a minimum thirty feet (30') from the public right of way.

         b.   Height of support structures is permitted up to seventy five feet (75'), measured from ground level.

         c.   Support structures shall be composed of nonreflective galvanized steel or aluminum, and shall not have obtrusive colors.

      3.   Antennas: Operators may use various antennas depending upon their communications objective. Amateurs typically require both UHF/VHF and HF antennas to achieve local and long distance communications and to also provide emergency communications. Antennas are to be installed on a building or property in the least conspicuous location possible as viewed from the public street.

      4.   Conditional Use Permit Required: A conditional use permit shall be required for the design of any amateur antenna or support structure that exceeds or deviates from subsections B2 and B3 of this section, and shall be subject to the following additional conditions:

         a.   Along with the submittal of a conditional use permit application, the applicant is to include a letter documenting why a need to increase the height is necessary to achieve the communication capabilities desired. Support structures shall not exceed the height necessary to meet the technological requirements of installation.

         b.   An increase in the setback, from the base of the support structure to each affected property line, by one foot (1') for every additional foot in height above seventy five feet (75').

         c.   No nuisance or hazard is created, subject to the review standards in section 10-2-4 of this title. The city, in considering the application, must apply the minimal practicable regulation necessary to achieve its goal of protecting the welfare of the community while ensuring the regulation will not impinge on the needs of the amateur operator to engage in amateur communications.

      5.   Building Permit Not Required: A building permit shall not be required for any amateur antenna support structure that is twelve feet (12') or less in height.

   C.   Private/Noncommercial Communications: This subsection shall apply to the private installation and operation of wireless communication antennas, dishes and support structures, over the air reception devices (OTARD), two-way radio or other communication systems for noncommercial purposes. The equipment and facilities mentioned above shall be allowed in all zones within the city, and it is the city's intent to provide reasonable accommodation for such communications. These are regulated by the federal communications commission (FCC); however, the following shall be required:

      1.   Exempt: The installation of any OTARD (antenna or satellite dish, etc.) less than one meter (1 m) (39.37") in diameter or support structure that is six feet (6') or less in height shall be exempt from these requirements.

      2.   Building Permit Required: If an over the air reception device exceeds the limits found in subsection C1 of this section, then a building permit is to be submitted to the community development department including the following items:

         a.   A site plan identifying the property boundary, location of existing buildings and structures, the proposed location for the device and/or support structure, and the distance relationship between these illustrated items;

         b.   Manufacturer's specifications for the antenna support structure, including details of footings, guywires, and height; and

         c.   A copy of the applicant's license to operate.

      3.   Single-Family Properties: No more than one over the air reception device (antenna, dish, etc.) per dwelling unit are permitted. These devices shall be enclosed within the dwelling unit or other structure compatible with the home. If technological or logistical justification would preclude the enclosure of the antenna or dish, then they may be placed on the building or property in the least conspicuous location possible, as viewed from a public street. Antennas shall not exceed an overall height of forty five feet (45'). Satellite dishes shall not exceed three feet (3') in diameter.

      4.   Condominium/Townhome Associations/And Other Multi-Family Cooperative Ownerships: As part of the conditional use permit (CUP) review, these developments are required to have a central or common reception device (antenna) for the tenants within the development. If technological or logistical justification would preclude this limitation, then individual tenants may obtain a permit to install their reception device where they would have exclusive use, such as a balcony or patio; however are subject to the size requirements listed in this subsection.

      5.   Towers: No more than one private tower per lot shall be allowed, and shall be located in the rear or side yard of a home or main structure after having met the minimum setback requirement. The following additional standards shall apply:

         a.   Minimum setbacks for all private communication support towers shall be twenty feet (20') from neighboring property lines and a minimum fifty feet (50') from the public right of way.

         b.   Height of private communication support towers is subject to the overall maximum height limitation of forty five feet (45') for an antenna.

         c.   Tower structures and related equipment shall be composed of nonreflective galvanized steel or aluminum with unobtrusive colors.

      6.   Conditional Use Permit Required: A conditional use permit shall be required for the private installation of over the air reception devices or tower structures that deviate from subsections C3 through C5 of this section, and shall be subject to the following additional conditions:

         a.   Along with the submittal of a conditional use permit application, the applicant is to include a letter documenting why they believe an increase in height is necessary to achieve the communication capabilities desired. Towers shall not exceed the height necessary to meet the technological requirements of installation.

         b.   An increase in the setback, from the base of the tower structure to each affected property line, by one foot (1') for every additional foot in height above forty five feet (45').

         c.   No nuisance or hazard is created, subject to the review standards in section 10-2-4 of this title. The city, in considering the application, must apply the minimal practicable regulation necessary to achieve its goal of protecting the welfare of the community while ensuring the regulation will not impinge on the needs of the private operator to engage in over the air communications.

         d.   No over the air device shall impinge on historical preservation or any safety concerns that have been properly identified. (Ord. 2010-7, 3-2-2010)

   D.   Commercial Communications: This subsection shall apply to all commercial and business related use of wireless communication equipment. Commercial antennas, towers, and related equipment shall be allowed in all commercial, industrial, and office zones with conditional use permit approval granted by the planning commission at a public hearing. Installation of commercial communications equipment may be considered in a residential zone through the conditional use permit process, on public property only, or property in conjunction with a quasi-public use, such as a school, church, public park or government building. The following regulations are to be complied with as outlined below:

      1.   Applicant is to submit a conditional use permit application to the community development department, as outlined in section 10-2-4 of this title.

      2.   Once the conditional use permit has been approved, the applicant is to submit a building permit to the community development department with the following items:

         a.   Copy of the approved site plan with supporting documents; and

         b.   Manufacturer's specifications for the antenna support structure, including details of footings, guywires, and height.

         c.   A copy of the applicant's license to operate.

      3.   The following standards shall be required with the installation and use of antennas, dishes, or other related commercial communication equipment mounted on roofs or walls of commercial, office or industrial zones, and on buildings in a residential zone as allowed in this chapter:

         a.   Antennas, dishes, supports, and related equipment shall be mounted inside an enclosed decorative building or made stealth within a steeple, flagpole, utility pole or other stealth structure, unless adequate justification for a wall or roof mount can be provided. Antennas, dishes, supports and related equipment which cannot, because of technological reasons, be wall or roof mounted, mounted on or within an existing utility pole or enclosed within a stealth structure, or on a tower structure. Please see subsection D4c of this section for tower height maximums.

         b.   Roof mounted antennas, dishes, and equipment shall not exceed ten feet (10') above the surface of the roof or the top of the lowest parapet screening wall.

         c.   Minimum setback shall be ten feet (10') from the edge of the roof.

         d.   Wall mounted antennas shall not extend more than eighteen inches (18") from the surface of the wall, of the building to which they are mounted. All antennas shall be made stealth so as to be incorporated as part of the building's architecture.

         e.   All ground equipment, associated with commercial antennas, shall be placed within a below grade vault or completely enclosed and screened from view within a six foot (6') solid decorative masonry wall or other suitable fence, to match the architectural theme of the vicinity or adjacent development, as determined by the planning commission or city council. Ground equipment buildings shall not exceed six hundred (600) square feet, nor exceed ten feet (10') in height, and shall be secured. Expansion of the original ground equipment, site area, or enclosures shall require a conditional use permit or a modification of the conditional use permit if one already exists.

      4.   Communication towers; freestanding poles or lattice towers used for the purpose of facilitating communication equipment shall require conditional use permit approval as outlined in section 10-2-4 of this title, and are subject to the following standards:

         a.   Design: Towers shall be composed of nonreflective galvanized steel or powder coated surfaces with unobtrusive colors. All ground equipment, associated with commercial towers, shall be placed within a below grade vault or completely enclosed and screened from view within a six foot (6') solid decorative masonry wall or other suitable fence, to match the architectural theme of the vicinity or adjacent development, as determined by the planning commission or city council. Ground equipment buildings shall not exceed six hundred (600) square feet, nor exceed ten feet (10') in height, and shall be secured.

         b.   Location: Towers are to be located in rear yard areas, and in areas least obtrusive on the public view and neighboring uses; see subsection D4d of this section for setbacks;

         c.   Height: Tower structures shall not exceed one hundred feet (100') in height in all commercial, office and residential zones where allowed. A maximum of one hundred seventy five feet (175') shall be considered in industrial zones.

         d.   Setbacks: Tower structures shall have a minimum twenty five foot (25') setback from an adjacent commercial, office or industrial zone, up to a height of one hundred feet (100'). For industrial zones that allow greater than one hundred feet (100') in height, one additional foot is to be added, to the setback, for each foot above one hundred feet (100'). Tower structures on property adjacent to a residential use shall be subject to the following setbacks:

 

 

         e.   Multiple Users: All towers are to be designed to accommodate three (3) separate users. A letter must also be supplied stating that the owner(s) of the tower will allow for collocation and that the structure has been constructed to allow for this, unless grid documentation is supplied by an independent consultant that collocation will create a hardship. Only one conditional use permit (CUP) approval shall be required, unless the tower or ground equipment is expanded, at which time the existing CUP is to be modified.

            (1)   Towers with available collocation points located on public property will be required to allow collocation at Pleasant Grove City's request. Failure to respond to a written request from Pleasant Grove City within thirty (30) days of the request may result in revocation of the conditional use permit.

            (2)   Failure to allow collocation where available may also result in revocation of the conditional use permit.

         f.   Security: The city may require the owner of the communications facility to establish a ten thousand dollar ($10,000.00) cash security fund or provide the city with an irrevocable letter of credit in the same amount to secure the cost of removing the communication equipment.

         g.   Letter Of Removal Upon Vacation: The property owner must supply the city with a letter stating that, if technology renders the tower obsolete or the tower is vacated, the owner will remove the tower, all other apparatus associated with it, the top three feet (3') of the footing, and restore the site to its original condition within ninety (90) days of the vacation of the tower.

         h.   Separation: Commercial communication towers shall have a minimum separation requirement of one thousand feet (1,000').

            (1)   Cell tower separation may be reduced to one hundred fifty feet (150') provided it is located on public property and attached to an existing pole or building infrastructure with the ability to accommodate communication equipment.

      5.   The following are additional standards to be considered with commercial communications:

         a.   Collocation of the antennas on other existing structures in the same vicinity, such as other towers, buildings, water towers, utility poles, etc., is possible without significantly impacting antenna transmission or reception of established users or facilities in the area.

         b.   Each communication facility shall be considered a separate use; and an annual business license shall be required for each such facility.

         c.   The location of any tower will not create a detrimental impact to adjoining properties.

         d.   No commercial messages or signage shall be allowed on antenna supports (towers) or equipment, beyond safety warnings, and one identification sign which are not greater than four (4) square feet in size.

         e.   Technological justification, when requested, shall be provided by an independent third party wireless communications engineering firm, selected by the city and paid for by the applicant. (Ord. 2015-27, 7-21-2015)

   E.   Definitions:

    AMATEUR RADIO ANTENNA: Antenna which is used for transmitting and receiving radio signals from a radio station controlled by an operator licensed by the federal communications commission.

   AMATEUR RADIO ANTENNA SUPPORT STRUCTURE: A lattice or pole structure which acts as a support to the amateur radio antenna. Typical support structures are triangular or square in cross section, crank up, or guyed, and are constructed with galvanized steel or aluminum.

   ANTENNA: A transducer, attached to a support structure, designed to transmit or receive electromagnetic waves.

   COMMERCIAL COMMUNICATION TOWERS: Tall structures designed to support antennas and dishes. Commercial towers are typically monopole in design, but may also be building structures, if stealth principles are used.

   OTARD: Acronym for over the air reception devices (antenna, satellite dishes, etc.) installed for private reception.

   STEALTH: The use of alternative support structures to blend or hide the communication equipment with the design, shape, or color of the structure. Examples of stealth are, but are not limited to, field lights, clock towers, bell towers, water towers, flagpoles, windmills, monuments, etc. (Ord. 2010-7, 3-2-2010)

   A.   Requirements: A second kitchen in a single-family residence may be allowed in an A-1, R-R or R-1 zone, if all of the following requirements are met:

      1.   The home shall have only one address.

      2.   An interior access shall be maintained to all parts of the home.

      3.   The home shall have no more than one electrical meter.

      4.   A second kitchen may exist only as part of the primary structure and may not be installed in an accessory or "out" building.

   B.   Limitation Of Use: Once a second kitchen is approved under the above criteria, both present and future owners of the property must limit use of the single-family residence to one family only. Present and future owners shall not have roomers and boarders other than members of the family residing in the home. (Ord. 2000-23, 7-18-2000)

   C.   Building Code Standards: Construction of any such kitchen would then be required to meet international building code standards. (Ord. 2000-23, 7-18-2000; amd. 2003 Code)

The term "fence" shall include any permanent and manmade tangible barrier, latticework, or wall, with the purpose of, or having the effect of, preventing passage or view across the fence line. Landscaping and other vegetation shall not be considered fencing, but may be used as screening material, except as regulated below. Except fencing defined as "exempt", fence permits must be obtained from the community development office for the installation of all fences. The applicant, submitting for a fence permit, shall submit a site sketch showing the lot, the location of the fence on the lot, the proposed height(s) of the fence, the elevation of the lot and surrounding properties, and the location of driveways on the lot and adjacent properties. Any fence, wall, screen or other material serving as a fence, shall not create a sight distance hazard to vehicular or pedestrian traffic as determined by the city engineer. Each landowner shall be permitted to install an approved fence on the property line. If a fence already exists on the property line, and the adjacent neighbor wishes to install their own fence, then the additional fence must be installed as close as possible to the neighbor's fence. Secondary fencing may be installed subject to the provisions of this section (see subsection K of this section). Security fencing shall be allowed according to this chapter for public facilities/lands.

   A.   Front Yard: Solid walls, fences or screening materials which are sight obscuring may be built to a maximum height of three feet (3') in any required front yard perimeter. Walls, fences or screening materials (chainlinks are not allowed) which are not sight obscuring (at least 50 percent open) may be built to a maximum of four feet (4') in a front yard.

   B.   Side Yard (Interior Lot): Solid, sight obscuring fences or walls may be built to a height of eight feet (8'). In cases where there is a difference in grade between property lines or it is determined that additional screening is needed, side yard fences may exceed eight feet (8'), up to a maximum of ten feet (10'), provided, that the applicant first obtains conditional use permit approval from the planning commission, and second, that a building permit is obtained from the community development office prior to construction.

   C.   Rear Yard: Walls and other fences in a rear yard may be erected up to eight feet (8') with fence permit approval. In cases where there is a difference in grade between property lines, or it is determined that additional screening is needed, rear yard fences may exceed eight feet (8'), up to a maximum of ten feet (10'), provided, that the applicant first obtains conditional use permit approval from the planning commission and second, that a building permit is obtained from the community development office prior to construction.

   D.   Corner Lots: A fence not more than eight feet (8') high may be constructed along the perimeter of any required side yard adjacent to a public street on a corner lot, provided it does not obstruct clear view of intersecting streets as defined in section 10-15-10 of this chapter.

   E.   Grade Differences: Where there is a difference in the grade of the properties on either side of a fence, wall or other similar structure, the height of the fence shall be measured from the natural grade of the property upon which it is located. In cases where a new development is proposed adjacent to an existing residential use, the new development is to be the party responsible for providing suitable screening to help mitigate a difference in grade between the new and existing residential property, if that grade difference is greater than three feet (3'). This screening shall be required with the site or subdivision plat, and shall require conditional use permit approval from the planning commission.

   F.   Retaining Walls: Where a retaining wall protects a cut below or a fill above the natural grade and is located on the line separating lots or properties, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed. In such cases, the builder of the retaining wall must obtain building permit approval from the community development office.

   G.   Multiple Frontage Lots: A minimum six foot (6') tall decorative precast concrete wall shall be erected along the property lines of a rear or side yard, of lots in a new development, adjacent to a collector or arterial street, to help mitigate the concerns with frontage adjacent to these high traffic public rights of way, and to protect the safety and privacy of everyday family life, provided that the placement will not result in the establishment of a hazardous condition to adjacent properties, vehicles or pedestrians, as determined by the city engineer. The precast concrete wall is to be matching or similar in design, along the entire street corridor of the collector or arterial, to establish a standard of consistent visual appearance. Designs for the wall are to be approved by the community development department director or his/her designee, through the issuance of a fence permit. The following cases shall be exempt from installing a wall:

      1.   Multiple frontage lots with existing homes along a collector or arterial street;

      2.   Multiple frontage lots with existing homes along city streets with the standard fifty six foot (56') width or less.

   H.   Entryways: Entry treatments to private driveways or subdivision development entrances shall not exceed six feet (6') at the highest point, except lamps on pillars, and must comply with the provisions of section 10-15-10 of this chapter. Pillars shall be allowed to extend up to eighteen inches (18") above the allowable height of a fence; provided, that the pillars shall have a minimum spacing of no less than six feet (6'), measured face to face. The said fence must be set back a minimum of ten feet (10') from the entry drive, unless a greater distance is deemed necessary by the city engineer.

   I.   Exemptions: The provisions of this section shall not apply to certain other fences such as tennis court backstops or patio enclosures as approved by the community development office, if it is determined that such do not create a hazard or violation of other sections of the city ordinances. Also, continuous growth, trees, shrubs, and hedges shall not be considered as fencing, but screening materials. Hedges and other similar vegetation used as screening shall be exempt from the permitting process to a height of six feet (6') or less in the side and rear yards, and up to three feet (3') tall in a front yard area.

   J.   Large Animals: Where a new development is proposed, adjacent to property with large animals, the developer is to install a minimum six foot (6') tall precast concrete or masonry wall, along such boundaries for the protection of both the animals and the future residents within the new subdivision. The approval of the wall is to be included with the preliminary and final subdivision plat approvals, and must meet the design standards as determined by the community development office. Upon final plat approval, the city council may waive the requirement for the said wall, if the council determines there will be no potential hazardous conditions and that any other concerns are mitigated through the issuance of a conditional use permit.

   K.   Secondary Fence: A second independent fence, within the side and rear yards, is permitted; however, this second fence must be a minimum five feet (5') from the property line.

   L.   Maintenance: All fencing within view of the public right of way is to be well maintained and in good condition to avoid any unsightly views. If the said fence is in poor condition, repairs are to be made within one year of the occurrence. This includes any deterioration, damage, graffiti, or any other condition the city deems unsightly or a nuisance.

   M.   Nonconforming Fencing: All nonconforming fencing shall be subject to the following regulations:

      1.   Alterations: A nonconforming fence shall not be reconstructed, raised, moved, placed, extended or enlarged unless said fence is changed so as to conform to all provisions of this chapter.

      2.   Restoration: Nonconforming fences which have been allowed to deteriorate or which have been damaged by fire, explosion, act of God, act of a public enemy, or damaged by any other cause, to the extent of more than sixty percent (60%) of its assessed value shall, if repaired or rebuilt, be repaired or rebuilt in conformity with the regulations of this chapter or shall be removed.

      3.   Unsafe Fences: Any fence or portion thereof declared unsafe by a proper public authority must be restored to a safe condition or removed within thirty (30) days of notice, of the unsafe condition, given by the city.

   N.   Security Fencing (Public Utilities Lands, And Facilities): In order to provide for the safety and security of public utilities and infrastructure, the following regulations apply to fencing said facilities:

      1.   Height: Public lands and facilities may install security fencing up to a maximum height of eight feet (8') around the entire perimeter of the site, including within the front yard setback area. Upon review by the planning commission, a greater height may be granted through a conditional use permit.

      2.   Design: Fence must be nonsight obscuring. Chainlink may be installed, with a black, dark green, or dark brown coating for aesthetic purposes.

      3.   Clear Vision Review: City engineer may require alterations to fence placement to provide sufficient clear vision for access to the property and adjacent properties. (Ord. 2011-4, 3-29-2011)

The problem of mud, debris and dust control during subdivision and all other construction activity must be contained. The best way to avoid this problem is for each developer, builder and contractor to police themselves so that the city does not have to become involved. However, if needed, the city will aggressively seek to remedy such situations. The following provisions will be made for the cleanup of city streets and dust control:

   A.   Bond: The improvement or construction bond provided will include cleanup and dust control.

   B.   Responsibilities: The developer of the subdivision or project is responsible for cleanup and dust control associated with streets. Builders will be responsible for cleanup and dust control associated with an individual lot. However, overall responsibility is still in the hands of the developer.

   C.   Use Of Hydrants: The city will permit the use of hydrants for a hookup fee and a charge for water used. This will facilitate dust control.

   D.   Stop Work Order: If it is determined that excessive debris and mud are being tracked onto city streets from an individual lot, the city will notify the builder of the need to clean the street. The city will issue an order stopping all further inspections on the buildings until the cleanup is completed. The city may perform the cleanup and bill the builder for the costs of cleanup. This bill must be paid before further inspections will be performed. Likewise, if the city determines that excessive mud is being tracked onto city streets from a subdivision road under construction or other reasons, the developer will be notified and given the same time period to perform the cleanup. If the cleanup is not done, the developer will be billed for the cost of the cleanup and inspections will not be performed on improvements until the bill is paid.

   E.   Service Of Notices And Orders: Notifications and orders will be served in a manner consistent with the provisions of applicable law.

   F.   Enforcement Authority: In addition to the chief building official and zoning administrator, building and public works inspectors will have authority to issue any notifications and orders referenced herein. (Ord. 2000-23, 7-18-2000; amd. 2003 Code; Ord. 2004-19, 8-17-2004)

The displaying of commercial merchandise and other customer services shall be permitted upon compliance with the following:

   A.   Approval of display by the zoning administrator or refer to the planning commission.

   B.   The fifteen foot (15') setback area is properly landscaped as required by the city ordinances or permit approvals. Reductions in screening landscaping (trees, tall shrubs) along the frontage must be compensated for elsewhere on the property in a one to one (1:1) ratio.

   C.   The display does not obstruct clear vision area as required by city ordinances.

   D.   The display does not obstruct the entrance and is all portable and not attached to the land.

   E.   Other than lighting, there are no other physical improvements in the display area except that the goods may be encircled by a single cable or chain with its related posts.

   F.   The display does not consist of signage other than as allowed by the sign ordinance.

   G.   The display does not exceed eighty percent (80%) of the overall encroachable area.

   H.   The visual quality of the property, the surrounding properties, and the city are not adversely affected by the display.

   I.   The display does not function as an extension of any parking lot. Display area may not be used for customer parking. Display area must be separated from parking areas by change in elevation, texture or material.

   J.   Any overhead cover (awning, canopy or tent) may be permitted on a temporary basis in conjunction with special events or sales. At no time shall the overhead cover be allowed more than two (2) times a year for a total period not to exceed thirty (30) days. (Ord. 2000-23, 7-18-2000; amd. 2003 Code; Ord. 2004-19, 8-17-2004)

When full street improvements have not been installed along the frontage of a property the city will require the installation of the remaining improvements.

   A.   Improvements: Improvements include any missing portions of curb, gutter, sidewalk, and asphalt required to complete the roadway surface, and any relocation of utilities required by the improvements. Refer to the appropriate roadway cross section in the current public works standard specifications and drawings manual for details.

   B.   New Construction Or Reconstruction: All missing improvements are required for all new residential and commercial construction. Reconstruction involves the total replacement or significant alteration of the primary building. For commercial construction it does not refer to interior improvements or remodeling (tenant improvements).

   C.   Accessory Buildings: All missing improvements are required for the construction or expansion of accessory buildings with a square foot area greater than ten percent (10%) of the minimum lot size in the zone in which it is located.

   D.   Exceptions: The following property circumstances may qualify for an exception from the street improvements requirement:

      1.   Interior or exterior remodeling that does not increase the footprint of the building;

      2.   Building additions, or accumulation of building additions, less than seven hundred (700) square feet;

      3.   Residential basement finishes;

      4.   Replacement of any single-family residential home damaged by fire, flood, or similar natural disaster, as long as it does not exceed the square footage of the original home;

      5.   Any historically significant sites where installation of street improvements would adversely affect historic features of the property, upon receipt of a written recommendation from the historic preservation commission;

      6.   Any existing situations involving topographical or storm drain issues that are unable to be mitigated, as determined by the city engineer;

      7.   The property is not directly adjacent to existing curb, gutter and sidewalk improvements and a letter recommending the exception is submitted by the city engineer;

      8.   Any single-family residential site, on a corner lot, where both frontages are missing improvements. The city shall determine which of the two (2) frontages is to be completed after consultation with the owner. Required improvements include the corner around to the second missing frontage.

   E.   Time To Complete Improvements: All required improvements are to be completed prior to the issuance of a building permit. A building permit may be issued without installation of the improvements provided that a cash bond of one hundred twenty five percent (125%) of the estimated costs of construction is posted to guarantee completion. Regardless of bonding, the required improvements are to be completed by the date shown in the cash bond agreement (no more than 1 year from the date of signing) or prior to finalization of the building permit process or issuance of a certificate of occupancy, whichever occurs first. (Ord. 2016-15, 7-19-2016; amd. Ord. 2020-4, 3-31-2020)

Temporary dead end streets will be permitted upon the following conditions:

   A.   The maximum street length will not exceed seven hundred feet (700') from the originating point of access to the centerline of the turnaround area, unless recommended by the Planning Commission and approved by the Hearings Officer or City Council. (Ord. 2017-29, 5-16-2017)

   B.   An eighty four foot (84') diameter turnaround area, or approved hammerhead design, shall be paved to the same standards as the street. The edge of the cul-de-sac turnaround area shall be finished with curb and gutter; sidewalk will not be required. (Ord. 2000-23, 7-18-2000; amd. 2003 Code; Ord. 2004-19, 8-17-2004)

   C.   A payment of cash will be paid to the City, in the amount as determined by the City Engineer, for the future removal of the curb on the turnaround and the installation of new curb, gutter and sidewalk. (Ord. 2000-23, 7-18-2000; amd. 2003 Code)

   D.   The front yard setback for any building fronting the cul-de- sac turnaround area shall not be less than fourteen feet (14') from the curb.

   E.   If the property owner elects to accept the cul-de-sac turnaround encroachment on a permanent basis, then the property, including two feet (2') behind the back of the sidewalk, shall be deeded to the City as a public right-of-way. This dedication will only be permitted if the lot area and building setbacks conform with the minimum requirements of the zone. (Ord. 2000-23, 7-18-2000; amd. 2003 Code; Ord. 2004-19, 8-17-2004)

   F.   Fire hydrants, approved flush valves and street lighting must be provided at the appropriate spacing. (Ord. 2000-23, 7-18-2000; amd. 2003 Code)

   G.   A pole mounted sign, constructed per city standards, shall be installed at the end of the temporary dead end street. The sign shall contain the text, "Temporary Dead End Street". (Ord. 2005-4, 1-4-2005)

For any and all development within the city, where a building permit or conditional use permit is required, the developer shall be required to install adequate piping and appurtenant facilities so that the secondary water system may be connected to the development when said system becomes available. If the approved site plan shows no outside, nonpotable water use, said piping shall not be required. (Ord. 2000-23, 7-18-2000; amd. 2003 Code; Ord. 2004-19, 8-17-2004)

The purpose of this section is to regulate the placement, aim, distribution patterns, fixture types and operation of outdoor lighting installed in the city. It is the intent of the city to encourage lighting that provides safety, utility and security. It is the intent of the city to protect the enjoyment of private property rights, and reduce atmospheric light pollution. It is the intent of the city to limit glare on public ways and private property by confining direct light (i.e., line of sight view of the lighting filament, element or source) to the premises.

   A.   General Provisions:

      1.   All outdoor lighting in nonresidential developments shall be turned off after business hours, except for essential security lighting.

      2.   Electrical service to outdoor light fixtures shall be underground unless fixtures are mounted directly on buildings or public utility poles.

      3.   Lights mounted to the exterior walls of buildings shall be aimed towards the building.

      4.   Light fixtures shall be shielded type fixtures that are located, mounted and aimed to prevent direct light and glare from exceeding beyond the site's perimeter.

      5.   Light fixtures on poles shall be installed at a maximum height of twenty feet (20') in residential zones unless otherwise provided for herein. Pole height shall not exceed the maximum allowed fixture height.

      6.   Light fixtures designed as part of a larger improvement or development to portray a historic period or unique architectural style are encouraged where appropriate. Such fixtures are not required to be shielded, however, where nonshielded fixtures are used, the maximum lumens generated by each fixture shall not exceed two thousand (2,000) (equivalent to a 150 watt incandescent bulb). The height of such light fixtures shall not exceed twenty feet (20').

      7.   Light fixture height shall be measured from the ground surface being illuminated to the bottom of the light fixture.

      8.   Exterior lighting installed prior to the creation of this chapter shall be subject to the requirements of this chapter if, in the opinion of the community development director, that lighting creates a public nuisance or hazard.

      9.   The community development director may find that exterior lighting is a public nuisance if such lighting is deemed by the public safety director to be a hazard to vehicular traffic.

      10.   The community development director may find that exterior lighting is a public nuisance if direct light enters onto adjacent properties and is offensive to adjacent property owners, and such lighting is not exempt under subsection B of this section.

   B.   Exemptions: The following types of outdoor lighting shall be exempt from the provisions of this section, except as specifically stated in this subsection:

      1.   Holiday lighting during the months of November, December and January, provided such lighting shall not create nuisance or hazardous, dangerous glare on adjacent streets, or nuisance glare on adjacent properties.

      2.   Temporary lighting, including, but not limited to, circuses, fairs, carnivals and civic uses, for a period not to exceed fourteen (14) days, with the approval of the community development director. Requests for extensions of time may be approved by the community development director.

      3.   Lighting necessary for permitted agricultural operations.

      4.   Construction or emergency lighting; provided, that such lighting is temporary and is discontinued immediately upon completion of the construction workday or abatement of the emergency circumstances necessitating such lighting.

      5.   Lighting for public streets.

      6.   Lighting for public facilities such as the city's recreation facilities (parks, softball fields, tennis courts, swimming pool, rodeo grounds, etc.), parking lots and buildings; and the Alpine School District schools, playing fields, parking lots, etc., except that such uses shall contain direct light to the premises.

      7.   Lighting for residences, except that said lighting shall not constitute a public nuisance.

   C.   Parking Lot Lighting:

      1.   Parking lots should be illuminated adequately for security and safety, but such illumination shall be controlled to prevent direct light and glare from exceeding beyond the site's perimeter, and from becoming a nuisance to adjacent property owners. Parking lot lighting shall not be used to draw attention to a business.

      2.   Parking lot lighting shall be designed so the minimum illumination at grade level is between two-tenths (0.2) and three-tenths (0.3) foot-candle in residential zones and between three-tenths (0.3) and five-tenths (0.5) foot-candle in nonresidential zones. The ratio of average parking lot illumination to minimum parking lot illumination shall not exceed four to one (4:1).

   D.   Lighting Of Exterior Sales/Display Areas: The following provisions apply to businesses such as automobile, heavy equipment and recreational vehicle dealerships and other businesses, such as building material stores, which rely on outdoor display of merchandise:

      1.   Areas designed for parking or passive display of merchandise shall be lighted in accordance with the standards for parking lots in subsection C of this section.

      2.   Exterior display/sales areas shall be designed so that the ratio of average sales/display area lighting to minimum sales/display area lighting shall not exceed four to one (4:1).

   E.   Security Lighting: Adequate lighting should be provided to protect persons and property and to allow for the proper functioning of surveillance equipment. The following requirement shall apply to security lighting:

      1.   Security lighting plans shall utilize shielded fixtures. Floodlights shall not be permitted.

      2.   Vertical features, such as building walls, may be illuminated for security purposes to a maximum height of twenty feet (20') above grade.

      3.   Security lights intended to illuminate a perimeter, such as a fence line, shall be allowed only if regulated by a motion detection system that automatically turns on the lighting when an intruder moves to within five feet (5') of the perimeter, and automatically turns off the lights after a maximum period of thirty (30) minutes.

      4.   For security lighting in residential zones, the average illumination of a vertical surface or a horizontal surface at grade level shall not exceed one-half (1/2) foot-candle. For security lighting in nonresidential zones, the average illumination of a vertical surface or a horizontal surface at grade level shall not exceed one and one-half (11/2) foot- candles.

   F.   Lighting Of Gasoline Station/Convenience Store Canopies: Gasoline station and convenience store canopies should provide lighting for customers. Lighting shall not be a nuisance or hazard to adjacent property owners or on adjacent streets. The following requirements shall apply to lighting of gasoline station/convenience store canopies:

      1.   Lighting fixtures in the ceiling of canopies shall be fully recessed in the canopy or shielded.

      2.   Light fixtures shall not be mounted on the top or fascia of such canopies.

      3.   The fascia of such canopies shall not be illuminated except for approved signage.

      4.   The ratio of average illumination to the minimum illumination at grade in the areas around the gasoline pumps shall not exceed four to one (4:1). (Ord. 2000-23, 7-18-2000)

Elderly housing facilities allowed as a conditional use shall comply with the following additional standards:

   A.   Setbacks: The minimum setback along the entire periphery of the development shall be the front yard setback of the zone increased by the ratio (in feet) of the gross building area divided by the minimum single-family floor area required by section 10-15-30 of this chapter for the applicable zone. The setback shall be further increased one foot (1') for each maximum building height over twenty feet (20'). For example, a 12,000 square foot, 25 foot tall building in the A-1 zone would have the following setbacks: 12,000/1,200 = 10 + 30 (A-1 front yard setback) + 10 (side setback) + 5 (height above 20 feet) = 55 feet.

   B.   Permissible Lot Coverage: In the A-1 zone, the total building and hardscape area shall not exceed thirty percent (30%) of the area of the lot or parcel of land. Building area shall include all primary and accessory buildings and structures. Hardscape area shall include all garages, driveways, required parking and solid waste storage areas. The planning commission may approve additional parking above the thirty percent (30%) as a conditional use.

   C.   Facility Dispersal: No retirement or elderly care facility will be permitted within a one-fourth (1/4) mile (1,320 feet) radius of another elderly housing facility.

   D.   Parking: Except as provided below, parking must conform to chapter 18 of this title:

      1.   Parking shall be allowed in increased front yard setback area.

   E.   Signs: One freestanding sign, under five feet (5') in height and less than one hundred (100) square feet, will be permitted. Signs must meet all requirements of chapter 19 of this title as to location.

   F.   Trash Collection Areas: Trash collection areas must be screened by a view obscuring wall or fence. No trash collection areas will be located within the required yard setback.

   G.   Landscaping: See section 10-14-15 of this title. (Ord. 2004-19, 8-17-2004)

   A.   All applicants must adhere to the following regulations when applying for these types of businesses:

      1.   Check cashing agencies or other similar deferred deposit loan businesses shall be no closer than a one mile driving distance between store locations.

      2.   If allowed in a certain zone, all check cashing agencies and other similar businesses must obtain conditional use permit approval prior to the issuance of a business license.

      3.   Check cashing agencies and other similar deferred deposit loan businesses are prohibited from all zones, except for the C-S/commercial sales and CS-2/commercial sales-2 zones. (Ord. 2007-34, 9-4-2007)

   A.   Definition Of Accessory Apartment: A subordinate dwelling, which has its own eating, sleeping, and sanitation facilities which is: 1) within or attached to a single-family residential building, or 2) within a detached accessory structure associated with a single-family dwelling.

   B.   Purpose And Intent: The purpose and intent of this section is to recognize the residential character of Pleasant Grove City and to provide for supplementary living accommodations in the community, as well as provide for supplementary income opportunities of property owners. These provisions are intended to provide for affordable housing with reasonable limitations to minimize the impact on neighboring properties and neighborhoods, and to promote the health, safety, and welfare of the property owners and residents of accessory apartments.

   C.   Owner Occupied: No accessory apartment shall be created, established, or occupied in a single-family dwelling unless the owner of the property occupies either a portion of the main dwelling or a detached accessory unit on the same single-family lot. For the purpose of this section, the term "owner occupied" shall be defined as follows:

      1.   A dwelling shall be considered owner-occupied only if the owner uses the dwelling as his/her primary dwelling and mailing address.

      2.   The owner shall be a person (defined for purposes of this section as a human being and not including any other legal entity except as elsewhere expressly allowed) listed as the owner of record in the records of the Utah County Recorder.

      3.   In the event that more than one person is listed as an owner, the owner shall be the person(s) who owns at least a fifty percent (50%) equity interest in the property. Each person listed on the title shall be presumed to hold an equal equity interest in the property unless otherwise clearly specified. In the event that no single person has a fifty percent (50%) equity interest in the property, a single-family dwelling shall not be considered owner-occupied unless the total equity interest in the property owned by the occupants is at least fifty percent (50%).

      4.   In the event that title to a dwelling is held in the name of a trust, the occupant(s) of such dwelling may be considered the owner for purposes of this section only if such person(s) created the trust primarily for estate planning purposes, placed the dwelling in the trust, and retains at least a fifty percent (50%) primary beneficial interest in the dwelling. In the event that title to a dwelling is held in the name of a trust, and the occupant(s) of such dwelling does not retain at least a fifty percent (50%) primary beneficial interest in the dwelling, but meets the other criteria contained in this subsection, said occupant may be considered the owner for purposes of this section if occupant can show that said dwelling is their primary residence and has been for at least one (1) year prior to establishing an accessory dwelling unit on the property.

      5.   In the event that title to a dwelling is held in the name of a corporation or limited liability company, the dwelling shall not be considered to be owner-occupied unless the occupant(s) have bona fide ownership of at least fifty percent (50%) of the corporation or limited liability company that owns the dwelling.

      6.   Notwithstanding any other provision to the contrary, no person claiming ownership by virtue of his/her status as one of the following classes of individuals shall be deemed an owner for purposes of this section:

         a.   A person with only an option to purchase a single-family dwelling.

         b.   The children or other relatives of an owner.

         c.   Any person other than a spouse or child of the owner who is listed on the title to a single-family dwelling without having paid fair market value for their interest in the property.

         d.   Any beneficiary of a trust whose interest is secondary or subordinate to the interest of a primary beneficiary.

         e.   A person with a contract to purchase a single-family dwelling.

         f.   A person who meets the technical definition of owner by virtue of any transaction or agreement that is not bona fide or serves no legitimate purpose other than to meet the technical definition of owner under subsections (2), (3), (4), and (5) above.

      7.   Nothing contained herein shall be construed to allow more than one family to occupy either a single-family dwelling or an accessory apartment.

      8.   For purposes of establishing that a single-family dwelling is owner occupied, the purported owner shall have the burden of proving his/her status as the owner pursuant to the criteria outlined in this section and of providing documentation to the City to prove that the person qualifies as an owner under this section.

      9.   A claim that a person is not an owner occupant may be rebutted only by documentation, submitted to the Community Development Department, showing that the person who occupies the dwelling unit has a bona fide intent to make the dwelling unit his/her primary residence by the following documents which show such person:

         a.   Is listed as a primary borrower on documents for any loan presently applicable to the property where the dwelling unit is located;

         b.   Has claimed all income, deductions, and depreciation on his/her tax returns for the previous year;

         c.   Is the owner listed on all rental documents and agreements with tenants who occupy the dwelling unit, including any accessory apartment;

         d.   Is the owner listed on all insurance, utility, appraisal, or other contractual documents related to the property; and

         e.   Is a full time resident of Utah for Utah State income tax purposes.

      10.   Any person, or group of persons, who fails, upon request of the Community Development Department, to provide any of the documents set forth above, or who provides a document showing that ownership of a dwelling unit is shared among persons who do not all occupy the dwelling unit shall mean for purposes of this Title that such person or persons shall not be deemed an "owner occupant" of the dwelling unit in question.

      11.   Owner occupancy for a dwelling shall not be required when:

         a.   The owner cannot live in the dwelling because of a bona fide temporary absence of three (3) years or less for a temporary job assignment, sabbatical, or voluntary service;

         b.   The owner was living in the dwelling immediately prior to leaving for the temporary job assignment, sabbatical, or voluntary service; and

         c.   The owner intends to make the dwelling his/her primary place of residence upon returning from the temporary job assignment, sabbatical, or voluntary service.

Indefinite periods of absence from the dwelling shall not qualify for this exception.

   D.   Apartment Occupancy: The occupants of an accessory apartment shall be limited by one of the following family categories:

      1.   One person living alone; or

      2.   Two (2) or more persons all related by blood, by marriage, by adoption; by legal guardianship or foster children; or

      3.   Up to four (4) related and/or unrelated persons living as a single housekeeping unit.

      4.   Any of the above categories plus a temporary guest. A "temporary guest" is defined as a person who stays with a family for a period of less than thirty (30) days within any rolling one year period and does not utilize the dwelling as a legal address for any purpose.

      5.   For purposes of the definition of family, the term "related" shall mean a spouse, parent, child, stepchild, grandparent, grandchild, brother, sister, uncle, aunt, nephew, niece, first cousins, great-grandparent, and great-grandchild. The term "related" does not include other, more distant relationships.

   E.   Zones: An accessory apartment which meets ordinance requirements may be allowed in a single-family dwelling unit or in a detached accessory unit within the A-1, R-R, R-1, RM-7, DV and the grove mixed housing zones. No accessory apartment may be allowed in any multi-family dwelling, or on any lot that cannot satisfy the parking requirements.

   F.   Number Of Accessory Apartments: A maximum of one accessory apartment shall be allowed in each owner occupied single-family dwelling, or in a detached accessory unit associated with a single-family dwelling.

   G.   Location: Accessory apartments may be allowed within the main residential dwelling over the garage, in the basement, and in an addition, or in a detached accessory unit, as long as the zoning requirements for properties in a single-family neighborhood are met.

   H.   Building Entrances: A new single-family structure approved with an accessory apartment attached to or detached from the main dwelling unit, shall have a separate, accessible entrance or stairway. An accessory apartment approved in an existing structure shall use existing entrances on any side of the structure that faces a street, or a side or rear entrance. Dwellings with two (2) front doors side by side may not be used to provide separate entrances for each unit with the exception of dwellings where the second door provides direct access to the dwelling basement. The purpose of this requirement is to preserve the single-family residential appearance of the building.

   I.   Address: The principal dwelling unit and the accessory apartment shall have the same address number, but shall refer to the accessory apartment as unit B. Addresses must be located in a visible location on the street frontage side of the home. (Ord. 2016-5, 2-2-2016)

   J.   Parking: A single-family dwelling with an accessory apartment shall provide at least four (4) off street parking spaces for the main dwelling unit, and two (2) off street parking spaces for the accessory unit, for a minimum total of six (6) off street parking spaces. This shall include covered parking, garages and tandem parking in driveways. No parking spaces may be located within the front or side yard setbacks adjacent to a street, except for within an approved driveway. The minimum width of parking areas and driveways shall be paved with concrete or asphalt, except that space used for the accessory unit parking that is not directly connected to the street may be surfaced with masonry, concrete pavers, or as approved by the city engineer, compacted materials such as slag or crushed granite with a four inch (4") minimum thickness placed in accordance with the American Public Works Association standard specifications. This would include only those materials which compact well and do not have small, fine particles that could potentially be tracked into the city right of way. Surface pavement materials must cover the entire area of all driveways and parking spaces. Any tracking that does occur will be the responsibility of the property owner to clean up and maintain including cleaning of storm drain facilities if necessary. (Ord. 2016-24, 10-18-2016)

   K.   Separate Living Areas: An accessory apartment must provide living areas for eating, sleeping and sanitation facilities separate from the principal dwelling unit.

   L.   Building Code: All construction and remodeling shall comply with building codes and ordinance requirements in effect at the time of construction or remodeling, in accordance with Utah state code section 10-9a-511.5, changes to dwellings - egress windows.

   M.   Utility Meters: A single-family dwelling with an accessory apartment may have separate meters for each water, gas, and electricity utility service. Each utility meter shall be in the property owner's name and the property owner shall be responsible for payment of all utilities. (Ord. 2016-5, 2-2-2016)

   N.   Interior Access: An interior access between the main living area and an attached accessory apartment must be maintained, unless sufficient means of egress have been determined during an inspection by the fire department. (Ord. 2017-10, 2-21-2017)

   O.   Not Intended For Sale: The accessory apartment shall not be intended for sale or detached by deed and shall only be rented. (Ord. 2016-5, 2-2-2016)

   P.   Accessory Apartment Registration: Any person owning an existing accessory apartment that has not previously been permitted by the city, or any person constructing or causing the construction of a residence that has an accessory apartment, or any person remodeling or causing the remodeling of a residence for an accessory apartment, shall register the accessory apartment with the community development department. This shall be in addition to a building permit for the work to be performed. In order to meet the requirements of the registration, the applicant shall:

      1.   Submit a fee of twenty five dollars ($25.00) with a completed registration form including a site plan that shows property lines and dimensions, the location of existing buildings and building entrances, proposed buildings or additions, dimensions from buildings or additions to property lines, the location of parking stalls, and utility meters,

      2.   Include detailed floor plans with labels on rooms indicating uses or proposed uses,

      3.   Pay building permit fees, if applicable, for the construction of a new dwelling, or the remodeling of an existing dwelling, in accordance with the established fees and charges,

      4.   Make all corrections identified as necessary to comply with building code requirements, as identified by the chief building official or his designee, and provide photos of the life safety items required by building code, including carbon monoxide detectors, smoke detectors, and earthquake strapping on water heaters, and

      5.   Demonstrate and affirm that their property is otherwise in compliance with all other provisions of the zoning ordinance. (Ord. 2017-2, 1-17-2017)

   Q.   Failure To Complete Registration: If the property owner does not complete the registration as outlined above, the accessory apartment shall not be considered legal or approved. Failure to complete the registration of an existing accessory apartment within two (2) years of the passing of this section may result in a fine of five hundred dollars ($500.00) which may result in a lien on the property. After the fine is assessed, the building official or his designee shall determine an appropriate deadline for compliance. An additional fine may be assessed for each deadline that is not met.

   R.   Home Occupation Businesses: Home occupation businesses which may be approved in an accessory apartment shall be restricted to a home office use which creates no customer traffic. No home occupation business shall be established within an accessory apartment without the express written permission of the property owner. (Ord. 2016-5, 2-2-2016)

   S.   Tiny Homes:

      1.   Only one tiny home shall be permitted as an accessory apartment per residential lot.

      2.   The tiny home shall be permanently connected to and approved for all required utilities.

      3.   The tiny home dwelling structure must be attached to a site built permanent foundation which meets the building code. The type of foundation could be a slab on grade or a perimeter foundation.

      4.   Building inspections are required for construction of the foundation, as well as to ensure the correct installation of the structure, and to approve the correct connection to the utilities.

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

      6.   The dwelling structure shall be constructed with materials that are weather resistant and aesthetically consistent with the main dwelling.

      7.   The community development director may approve deviations from the architectural standards on the basis of a finding that the architectural style proposed provides compensation design features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity.

      8.   The parking shall be the same as subsection J of this section. (Ord. 2016-23, 10-18-2016; amd. Ord. 2021-6, 3-30-2021)

   A.   Purpose: The purpose of this section is to provide clear and concise regulations for the use and operation of mobile food trucks to prevent hazards to safety, traffic or health, as well as to preserve the peace, safety and welfare of the community.

      1.   Definitions:

         FOOD TRUCK: Means a fully encased food service establishment:

            a.   On a motor vehicle or on a trailer that a motor vehicle pulls to transport; and

            b.   From which a food truck vendor, standing within the frame of the vehicle, prepares, cooks, sells, or serves food or beverages for immediate human consumption.

         "Food truck" does not include a food cart or an ice cream truck.

         HEALTH DEPARTMENT FOOD TRUCK PERMIT: Means a document that a local Health Department issues to authorize a person to operate a food truck within the jurisdiction of the local Health Department.

      2.   License Required: No person or entity shall operate a food truck business within Pleasant Grove City without obtaining and holding a current business license from Pleasant Grove City or any political subdivision in the State of Utah.

      3.   Vending On Private Property; Nonresidential: Mobile food businesses are allowed to vend on private property in nonresidential zones with prior consent from the private property owner in the form of a property owner's affidavit.

      4.   Operating On City Owned Streets; Nonresidential: Mobile food businesses are allowed to operate on all City owned and operated streets within nonresidential zones, in compliance with the regulations in this section, with the following exception:

         a.   Mobile food businesses are allowed to park at or next to a City park only with an approved Food Truck Public Park permit. The permissible parks, parking areas, and hours of operation will be set forth on the Permit Application. The food truck shall meet the following requirements to operate in a city park:

            (1)   A permit is only valid for one calendar day and is valid only for the date for which it is issued.

            (2)   Food trucks shall park in the designated parking stall listed on the permit and must not impede normal traffic flow. Food trucks are not allowed to block other food trucks.

            (3)   Food trucks shall not park on the grass or pathways.

            (4)   Food truck operators are responsible for clean-up and trash removal generated from their operation in the immediate area.

            (5)   Food truck operators will be assessed for all damages or extra trash clean up within the park generated by their operation.

            (6)   Food trucks may display their business name and logo on their vehicle. No other advertising is allowed in the parking lot or park.

            (7)   Food truck permits shall be limited to specific public parks, designated parking stalls within those parks, and specific days of the week, as determined by the City Administrator or designee. The permit application shall list the approved parks, the number and location of available parking stalls, and the days on which food truck operations are permitted.

            (8)   Food trucks shall not be parked within a public park at any time other than during regular park hours.

            (9)   Food Truck Public Park permits shall not be transferable and shall be revoked should the food vending operation be changed from the approved applicant or if the person operating the food truck is not listed on the approved application.

            (10)   It is illegal to operate a Food Truck in a public park without a permit.

      5.   Conditions And Requirements; Public Right-Of-Way: Mobile food businesses offering food within the public right-of-way shall abide by the following conditions and requirements. Failure to comply may result in the suspension or revocation of a business license:

         a.   All business activity related to mobile food businesses on the public right-of-way shall be of a transient nature. The duration of the business activity shall not extend for more than twelve (12) hours within a twenty four (24) hour period at any one location, nor three (3) consecutive days within a seven (7) day period in the same location on public property.

         b.   All vehicles must be removed from the public right-of-way at the close of each business day.

         c.   Mobile food businesses shall obey all parking and traffic regulations of this Code.

         d.   Parking on a park strip or otherwise landscaped area is not allowed.

         e.   Mobile food businesses utilizing parking space within the public right-of-way shall park only in parallel parking spaces. Mobile food businesses must be parked so that neither the vehicle nor the customers interfere with public access to adjacent parking stalls, to driveways or to entrances of existing buildings or uses. In cases where no parallel parking exists, the mobile food business cannot occupy more than two (2) parking stalls in the public right-of-way.

         f.   The operator shall locate the vending window facing the adjacent sidewalk.

         g.   No mobile food business shall occupy required parking stalls of the primary use.

         h.   Mobile food businesses shall ensure that the use of the public right-of-way, including the sidewalk, in no way interferes with or limits sidewalk users' free and unobstructed passage.

         i.   No sales shall be made to any person standing in a roadway unless the roadway has been closed to vehicular traffic for a public event.

      6.   Conditions And Requirements; Private Property: Mobile food businesses offering food on private property shall abide by the following conditions and requirements. Failure to comply may result in the suspension or revocation of a business license:

         a.   The duration of the transient business activity shall not extend for more than twelve (12) hours within a twenty four (24) hour period at any one location, nor three (3) consecutive days within a seven (7) day period in the same lot or parcel.

         b.   All vehicles must be removed from the premises at the close of each business day.

         c.   In the case that a mobile food business requests to be permanently established on a site, the applicant shall comply with the following requirements:

            (1)   Submit an application and obtain approval for a minor site plan amendment.

               (A)   If the site plan does not include the installation of all site improvements (asphalt, utilities, landscape, etc.), including street improvements (curb, gutter, sidewalk, etc.), the applicant may enter an experimental period of up to three hundred sixty five (365) days. At the end of the experimental period, the applicant shall either complete all site and street improvements required for permanent brick and mortar restaurants or use the site as a transient site for the mobile food business complying with the regulations established in subsections A6a and A6b of this section. Only one experimental period shall be allowed per lot or parcel and at its completion, no other experimental period of up to three hundred sixty five (365) days, from the same or different applicant, shall be allowed on the same property.

            (2)   Obtain a building permit for the installation of electricity to the site.

      7.   Design And Operation Requirements: Mobile food businesses shall comply with the following design and operation requirements.

         a.   Mobile food businesses shall be designed and operated in a manner so as to meet all applicable Utah County Health Department and Timpanogos Special Service District requirements related to the handling and distribution of food as well as the disposal of residues and garbage.

         b.   All garbage or other refuse generated from mobile food businesses shall be disposed of properly. It is illegal to discharge or dispose of any substance, material, food, or waste into the storm drain system.

         c.   Mobile food businesses shall not have or operate as a drive- through.

         d.   All grounds utilized by mobile food businesses shall at all times be maintained in a clean and attractive condition. Trash containers shall be provided for use of the business patrons. If mobile food businesses operate on or adjacent to a public right- of-way, the vendor shall be responsible for cleaning up litter dropped or discarded onto the public right-of-way prior to leaving the location.

         e.   Mobile food businesses shall be kept in good operating condition, and no peeling paint or rust shall be visible on business vehicles.

         f.   Licensees/owners will ensure their business vehicles are at all times in compliance with all applicable laws or ordinances regulating motor vehicles.

         g.   Any auxiliary power required for the operation of the mobile food truck shall be self-contained. No use of public or private power sources are allowed without providing written consent from the owner. A building permit shall be required for any temporary electrical connection.

      8.   Signs: No signs shall be used to advertise the conduct of the mobile business at the premises other than those which are physically attached to the vehicle, except that one (1) two foot (2') by three foot (3') menu board may be placed nearby to display the menu.

      9.   Failure To Comply: Failure to comply with the requirements of this section shall be grounds for denial, suspension or revocation of a business license issued by Pleasant Grove City and the immediate suspension of operation activities for food trucks licensed under a different jurisdiction. (Ord. 2018-3, 1-16-2018; amd. Ord. 2025-022, 9-2-2025)