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Richfield City Zoning Code

17.14 Supplementary

Property Development Standards

17.14.010 Purpose

The purpose of this Chapter is to further the purposes of the General Plan, this Ordinance, the City’s other Land Use Ordinances, and insure compliance with local, State, and Federal statutes. Supplementary property development standards address the use, location, construction, and operation of various uses and activities. Compliance with supplementary property development standards, as applicable, as well as all other requirements of this Ordinance, and all other Land Use Ordinances, and all other requirements of the City is required.

HISTORY:

Ord. 2024-6, 4/23/2024

17.14.020 Additional Height Allowed For Public Buildings

For the following buildings a building height greater than the maximum building height, required by the Zoning District in which the building is located may be allowed, provided the building is set back from required setback lines a distance of one (1) foot for each additional foot of building height above the maximum height allowed in the Zoning District.

  1. Public buildings.
  2. Churches.

HISTORY:

Ord. 2024-6, 4/23/2024

17.14.030 Accessory Buildings

  1. Accessory buildings and uses shall be authorized concurrently with, or subsequent to, the establishment of a primary building or use with the exception than an accessory building may be constructed in designated zones before a primary building if a site plan is presented showing that the location of the building would allow adequate space for the construction of a primary building subject to approval by the Land Use Authority.
  2. An accessory building may be detached from the primary building.
  3. An accessory building that is attached to a primary building shall meet all requirements for the location of the primary building, including all setback requirements.
  4. All detached garages and other accessory buildings located less than ten (10) feet to the side of a primary building shall be considered attached, and part of, the primary building and shall meet all requirements for the location of the primary building, including all setback requirements.
  5. An accessory building that is detached from a primary building shall meet all requirements as provided by this Section.
  6. All accessory buildings located six (6) feet or more behind the rear of the primary building may be located no less than three (3) feet from the side or rear property line(s) unless a one (1) hour fire wall is provided in which case the accessory building may be located no less than one (1) foot from the side or rear property line(s).
  7. No storm water runoff from any accessory building shall be allowed to run onto adjacent property.
  8. Accessory buildings, located on corner lots, shall meet the required corner side yard setbacks, applicable in the Zoning District in which the accessory building is located.
  9. Accessory buildings shall comply with the requirements of the adopted Building Codes.
  10. No mobile home, travel trailer, boat, or similar recreational vehicle shall be used as an accessory building.
  11. No utility connections or meters, separate from the primary building, shall be allowed for accessory buildings.
  12. No accessory buildings shall be rented, leased, or sold separately from the rental, lease, or sale of the primary building.
  13. Accessory buildings used as accessory dwelling units shall comply with the requirements of this Chapter.
  14. Accessory buildings used for the housing of domestic livestock or fowl shall comply with the requirements of this Chapter.

HISTORY:

Ord. 2024-6, 4/23/2024

17.14.040 Restrictions On The Height, Size, And Location Of Garages And Other Accessory Buildings Located In Residential Zones

In an effort to avoid the appearance of commercial style buildings in all residential Zoning Districts, and to protect the character and stability of all residential neighborhoods, the following requirements for accessory buildings shall apply:

  1. Maximum Height for Accessory Buildings and Related Walls.
  2. The maximum height of all accessory buildings shall not exceed twenty two (22) feet and the maximum eave height of any wall thereof shall not exceed sixteen (16) feet. For purposes of this provision, eave height shall mean the height of a wall at the point where it intersects with the structural components of the roof.
  3. Number Of Accessory Buildings used as Garages.
  4. A maximum one one (1) attached and one (1) detached accessory building used for the purpose of a garage may be allowed on each lot or parcel in association with an existing primary residential dwelling unit.
  5. Setback Requirements.
  6. Any wall of an accessory building having a height of ten (10) feet or more, shall be a minimum six (6) feet from the property line (or existing fence if closer). A minim three (3) foot setback from all property lines (or existing fences if closer) shall be required with respect to walls whose eave height is less than ten (10) feet. When a one (1) hour fire wall is provided, the accessory building may be located no less than one (1) foot from the side or rear property line(s).
  7. Size, Location, and Construction of Detached Accessory Buildings in Residential Zoning Districts.
  8. The cumulative total square footage of any detached accessory buildings shall not be greater than twenty five percent (25%) of the area of the rear yard.
  9. No detached accessory buildings shall be located in any required front yard.

HISTORY:

Ord. 2024-6, 4/23/2024

17.14.050 Accessory Dwelling Units (Detached - Casitas Or Guesthouses)

The purpose and intent of this Section and its requirements are for allowing detached accessory dwelling units (i.e., guesthouses, casitas, or similar) to provide additional housing opportunities for family members and visiting guests of the owners of a primary dwelling.

  1. A detached accessory dwelling unit may be authorized, provided all requirements of this Title, all other land use ordinances, and the Building Codes are met.
  2. A detached accessory dwelling unit shall only be allowed in the rear yard of a single-family dwelling. A detached accessory dwelling unit cannot be subdivided from the primary dwelling and cannot be sold separately from the primary dwelling. Either the primary dwelling or the detached accessory dwelling unit shall be owner-occupied.
  3. A maximum of one (1) detached accessory dwelling unit may be established on each individual, legal lot, such lot meeting all requirements, including minimum lot size for the Zoning District in which the lot is located. A detached accessory dwelling unit shall not be allowed on any residential zoned lot which is smaller than ten thousand (10,000) square feet.
  4. A detached accessory dwelling unit shall be a permanent structure on a permanent foundation. No mobile homes, travel trailers, boats, or similar recreational vehicles shall be used as a detached accessory dwelling unit.
  5. The square footage of a detached accessory dwelling unit shall not exceed thirty percent (30%) of the footprint of the primary dwelling, excluding the garage, but in no even shall exceed one thousand (1,000) square feet.
  6. A detached accessory dwelling unit shall meet and comply with the minimum setbacks required for the primary dwelling by the Zoning District in which it is located, except the rear setback may be reduced to match the side yard setbacks. A detached accessory dwelling unit shall be setback from the main dwelling at a minimum distance of six (6) feet.
  7. A minimum of one (1) off-street parking space shall be provided for the detached accessory dwelling unit.
  8. The construction of a detached accessory dwelling unit shall meet all requirements of the adopted Building Code.
  9. The architectural style, building materials, and colors of a detached accessory dwelling unit shall be found to be compatible and consistent with the architectural style, materials, and color of the primary dwelling unit.
  10. The maximum height of a detached accessory dwelling unit shall not exceed the height of the primary dwelling or twenty two (22) feet, whichever is less. The maximum eave height of any wall thereof shall not exceed sixteen (16) feet. For purposes of this provision, eave height shall mean the height of a wall at the point where it intersects with the structural components of the roof.
  11. Building lot coverage including the detached accessory dwelling unit and other accessory structures shall not exceed twenty five percent (25%) of the rear lot area.
  12. Utilities shall not be metered separately for a detached accessory dwelling unit.
  13. A detached accessory dwelling unit shall be used only by the occupants of the primary dwelling or their non-paying guests. Short-term rental of a detached accessory dwelling unit is not permitted. The detached accessory dwelling unit shall not be leased or rented independent of the main dwelling.
  14. A deed restriction in a form approved by the City prohibiting the lease, rental or short-term rental shall be recorded against the deed by the property owner before occupancy of the detached accessory dwelling unit. Proof that such deed restriction has been recorded shall be provided to the Zoning Administrator before issuance of a certificate of occupancy for the detached accessory dwelling unit.
  15. The Zoning Administrator is authorized to approve a detached accessory dwelling unit provided all requirements of this Section, and all other applicable requirements of all Land Use Ordinances, and all other regulations of the City are met.
  16. Owners of detached accessory dwelling units existing on the effective date hereof, and that have not been approved as required herein, shall apply for approval within one hundred eighty (180) days of the effective date hereof. Illegal detached accessory dwelling units existing after that date will subject the owners to all applicable enforcement actions that may be available to the City.
  17. All owners of detached accessory dwelling units determined to be noncomplying structures, shall be subject to the provisions for noncomplying structures as provided herein by 17.18.
  18. All legal or equitable remedies set forth in §10-9a-530 of Utah State Code (as amended) shall apply to and be incorporated in this Ordinance.

HISTORY:

Ord. 2024-6, 4/23/2024

17.14.060 Small Accessory Buildings

One (1) Small Accessory Building with a maximum height of eight (8) feet and a maximum size of less than one hundred twenty (120) square feet, and exempt from the requirements of the Building Code, as adopted, shall be permitted, provided such Small Accessory Building is located eight (8) feet or more away from the primary building, no less than three (3) feet from the side or rear property line(s), no portion of such Small Accessory Building is within one (1) foot of any property line, and no storm water runoff is allowed to run onto adjacent property.

HISTORY:

Ord. 2024-6, 4/23/2024

17.14.070 Internal Accessory Dwelling Units

  1. An Internal Accessory Dwelling Unit shall be located within the footprint of a primary dwelling. The garage is considered a habitable space if connected to the primary dwelling by a common wall.
  2. An Internal Accessory Dwelling Unit shall be created for the purpose of offering a long-term rental of thirty (30) consecutive days or longer.
  3. An Internal Accessory Dwelling Unit shall comply with all applicable building, health, and fire codes.
  4. No separate utility connections or meters shall be allowed for an Internal Accessory Dwelling Unit.  
  5. An Internal Accessory Dwelling Unit shall be prohibited if the primary dwelling is served by a failing septic tank.  
  6. An Internal Accessory Dwelling Unit shall be designed in a manner that does not change the appearance of the primary dwelling as a single-family dwelling.
  7. A primary dwelling unit shall provide one (1) additional on-site parking space for an Internal Accessory Dwelling Unit regardless of whether the primary dwelling is existing or new construction.  Any parking spaces contained within a garage or carport if an Internal Accessory Dwelling Unit is created within the garage or carport shall be replaced.  
  8. Mobile homes, travel trailers, boats, or similar recreational vehicles shall not be used as an Internal Accessory Dwelling Unit.  
  9. The property owner shall obtain a business license prior to renting an Internal Accessory Dwelling Unit.
  10. The rental or offer of the rental of an Internal Accessory Dwelling Unit for a period of less than 30 consecutive days is prohibited.  
  11. The rental of an Internal Accessory Dwelling Unit is prohibited if the Internal Accessory Dwelling Unit is located in a dwelling that is not occupied as the owner’s primary residence.
  12. As a requirement to establish an Internal Accessory Dwelling Unit the property owner shall record against the deed of the property, a deed restriction, in a form approved by the City, running in favor of the City, which shall prohibit the rental, lease or sale of the Internal Accessory Dwelling Unit separately from the rental, lease or sale of the primary use or building. Proof that such deed restriction has been recorded shall be provided to the Zoning Administrator prior to the issuance of the Certificate of Occupancy for the Internal Accessory Dwelling Unit.  
  13. All legal or equitable remedies set forth in §10-9a-530 of Utah State Code (as amended) shall apply to and be incorporated in this ordinance.

HISTORY:

Ord. 2024-6, 4/23/2024

17.14.080 Bed And Breakfast, Short-Term Rentals, Hotel/Motel Including Extended Stay Rooms

A Bed and Breakfast Inn, Short Term Rental, Hotel/Motel, and Extended Stay shall be conducted traditionally to promote accommodations for travelers, which are in short supply at times, and shall comply with the following:  

  1. A Bed and Breakfast or Short-term rental shall be conducted only in a single-family dwelling and only by the property owner and shall meet all applicable requirements of this Ordinance, and all other Land Use Ordinances, Building Codes, and Health Codes, as applicable.  A single-family dwelling shall be a dwelling on its own parcel that can be sold as its own separate entity.  Short-term rentals shall not be allowed in apartments.  
  2. The City or its authorized agent shall inspect the premises of a Bed and Breakfast, Short-term rental, Hotel/Motel or Extended Stay and provide a Fire Clearance that the dwelling and premises comply with all applicable Fire Codes, as adopted.
  3. One (1) off street parking area for each guest room, in addition to any parking requirements for the single-family dwelling shall be provided.  Parking of recreation vehicles, during the rental period, shall be allowed in the frontage of the short-term rental unit so long as it does not block drive-ways, sidewalks or the clear view area of a street or drive-way of an adjoining property or impede traffic on the street.
  4. The address of any dwelling unit used for a Bed and Breakfast or Short-term Rental shall be clearly visible.
  5. No accessory structure, motor home, travel trailer, boat, or similar vehicle or facility shall be used as guest rooms.
  6. If the property is sold, the short-term rental business shall not be transferrable to the new owner.
  7. The City shall be divided equally into three (3) areas based on the number of homes located in each area.  No more than five percent (5%) of the number of homes in each area shall be allowed to be used as a short-term rental property.  
  8. The property must be used as a short-term rental at least one (1) time per year.
  9. A Hotel/Motel shall provide transient rooms regularly rented for less than thirty (30) days for a fee as herein defined and shall meet all applicable requirements of this Ordinance, and all other Land Use Ordinances, Building Codes, and Health Codes, as applicable.  
  10. A Hotel/Motel room regularly rented on a weekly or monthly basis exceeding a transient term of less than thirty (30) days shall be considered extended stay rooms.  Rooms used for Extended Stay shall provide a working kitchen, including a sink, a cooktop or range, and a bathroom; assigned and rented for more than one (1) week, but not to exceed ninety (90) days within a 180-day period.  All rooms used for Extended Stay shall be cleaned regularly to comply with public health codes, the Utah Fit Premises Act, and prevent sanitation problems.  The number of Extended Stay rooms shall not exceed twenty five percent (25%) of the number of hotel/motel rooms available at the business location and shall meet all applicable requirements of this Ordinance, and all other Land Use Ordinances, Building Codes, and Health Codes, as applicable.  
  11. The Chief of Police may require, as set forth herein, that the manager or person in charge of any Hotel/Motel shall furnish a list of the persons who have registered at such Hotel/Motel including all guests in an Extended Stay room.  The date and time of arrival of an occupant of each unit shall be noted upon the record to be kept pursuant thereto.  In no event shall there be a letting to, or occupancy by, any other person of such unit within the day noted.  No person residing within the City for a period of sixty (60) days, or over, in any 180 day period, is to be deemed a transient under the provisions of the City Code, nor is such person to be permitted to occupy any unit licensed hereunder unless such unit is so constructed to be in full compliance with the Building Code. 
  12. The Chief of Police shall notify the manager or person in charge at least twenty four (24) hours in advance of the request to inspect.  If the manager or person in charge does not grant the request to inspect or otherwise objects to the request, the Chief of Police may issue an administrative subpoena requiring the manager or person to make the records available for inspection within twenty four (24) hours of issuance, or the Chief of Police may obtain a warrant.  Prior to issuance, administrative subpoenas shall be reviewed and approved by the City Attorney.
  13. No person shall register for accommodations at any Hotel/Motel under a false, fictitious, or assumed name, without first making his or her true name known to the person in charge thereof.
  14. Whoever violates or fails to comply with any of the provisions of this section is guilty of a Class B misdemeanor for each such offense. A separate offense shall be deemed committed for each unit and for each day during or on which a violation or noncompliance occurs or continues.  
  15. A business license, sales tax number, and collection of transient room tax shall be required for a Bed and Breakfast, Short-term Rental, Hotel/Motel, and Extended Stay.  The business license shall be renewed annually. 

HISTORY:

Ord. 2024-6, 4/23/2024

17.14.090 Billboards

  1. The City shall only require the termination of a billboard and associated property rights through:
  2. Gift,
  3. Purchase,
  4. Agreement,
  5. Exchange; or
  6. Eminent domain.
  7. The termination of a billboard under Subsection (A)(1), (2), (3), or (4) requires the voluntary consent of the billboard owner. 

HISTORY:

Ord. 2024-6, 4/23/2024

17.14.100 Acquisition Of A Billboard By Eminent Domain - Removal Without Providing Compensation - Limit On Allowing Nonconforming Billboards To Be Rebuilt

The City shall comply with all requirements of §10-9a-513 of Utah State Code (as amended) when a billboard is acquired by the City by eminent domain, or when the City requires the removal of a billboard without compensation, or when a billboard is determined to be a nonconforming use or noncomplying structure.

HISTORY:

Ord. 2024-6, 4/23/2024

17.14.110 Child Care

  1. All Child Care facilities, including a “Child Care – Facility,” “Child Care – Hourly,” “Child Care – Licensed Family,” and “Child Care – Residential Certificate” shall:
  2. Comply with all licensure requirements of the State of Utah Department of Child and Family Services.
  3. Be inspected and provide a "Fire Clearance" issued by the City or the City's authorized agent.
  4. Maintain a valid Business License as required by the business licensing requirements of the City, as applicable.

HISTORY:

Ord. 2024-6, 4/23/2024

17.14.120 Church

The establishment of any “Church” within the City shall comply with all requirements of the "Utah Religious Land Use Act”.

HISTORY:

Ord. 2024-6, 4/23/2024

17.14.130 Domestic Livestock And Fowl (Any Animal Not Listed Is Prohibited)

The keeping of domestic livestock, limited to the domesticated horse (Equus caballus), domestic cattle (Bos raurus and Bos indica), chickens and potbellied pigs, but excluding the keeping of sheep, goats, roosters, pigs, peacocks, guinea fowl, pigeons, emus and ostriches, shall be allowed subject to the following:  

(For the keeping of honeybees, see Title 6 of the Richfield City Municipal Code.) 

  1. The keeping of domestic livestock, chickens and potbellied pigs may be allowed in the residential Zoning Districts in Richfield City, subject to the provisions of this Section.
  2. The number of chickens allowed in the F-1, RR-5, and RR-1 Zoning Districts shall be limited to twenty five (25) chickens and no (0) roosters.
  3. The number of chickens allowed in all other residential zones shall be limited to six (6) chickens and no (0) roosters.  
  4. All chickens must be kept in a coop that is to be located behind the main dwelling in what is considered to be the rear yard.  It shall be at least three (3) feet off the property line, a minimum of twenty five (25) feet from any neighboring dwelling and a height less than six (6) feet tall at the highest point. 
  5. The coop must be predator proof and all feed shall be kept in a predator/rodent  proof container.  
  6. The coop shall be kept clean and odor free.
  7. One (1) purebred pig commonly known as a Vietnamese, Chinese, or Asian potbellied pig kept on residential property within the City shall be kept as a pet for personal enjoyment, and not kept or raised for breeding, sale or human consumption.
  8. To keep a potbellied pig in a residential zone within the City, the following requirements shall be met:
  9. The pig may be no more than twenty two (22) inches high at the shoulder.
  10. The pig may weigh no more than one hundred fifty (150) pounds.
  11. Any pig over four (4) months of age shall be spayed or neutered.
  12. Any pig over four (4) months of age shall be vaccinated by a licensed veterinarian.
  13. Any pig allowed to leave the owner's premises shall be on a leash and accompanied by a responsible person.
  14. A permit to keep a potbellied pig in a residential zone pursuant to the terms of this ordinance is required.  A person desiring to have a potbellied pig shall obtain a permit for the location where the pig is to be kept.  A tag, indicating the permit has been issued, is to be attached to a collar, shoulder harness, or other means,  to be worn by the pig at all times.  The price of the permit shall be established by resolution of the Council.
  15. No domestic livestock shall be kept on any lot smaller than one (1) acre (43,560  square feet),  except as provided by Subsection (L).
  16. The number of domestic livestock that may be kept on lots of one (1) acre (43,560 square feet) or larger shall be as follows:
  17. One (1) horse or one (1) cow may be kept with a minimum usable area, as defined herein, of thirty five thousand (35,000) square feet and each additional animal kept shall require an additional nine thousand (9,000) square feet of usable area.
  18. Existing or proposed lots located in the North Meadows Subdivision may keep  animals on lots smaller than one (1) acre, as allowed by K(1) above.
  19. Residents who have kept domestic livestock on legal lots smaller than one (1) acre (43,560 square feet) and who have those animals legally on the effective date of this Ordinance shall not be in violation of this Ordinance. However, the number of animals being kept shall not be increased, and the nonconforming use shall be deemed to have ceased when the keeping of domestic animals has been discontinued for a minimum period of one (1) year.
  20. No barn, stable, shelter, coop, pen, or other enclosed structure in which domestic livestock or fowl are housed shall be closer than fifty (50) feet to any residential structure located on the same lot or may not extend closer than one hundred (100) feet to any residential structure on adjacent properties.
  21. The required minimum side yard and rear yard setbacks for the Zoning District in which a barn, stable, shelter, pen, or other enclosed structure for the housing of animals shall be met, or twenty (20) foot side and rear yard setbacks shall be provided, whichever is greater.
  22. All yards, barns, shelters, cages, areas, places, and premises where domestic livestock, animals, or fowl are kept shall be maintained in a clean and sanitary condition so that flies, dust, or odors do not disturb the health of any person or animal or create a nuisance to any adjoining property.
  23. All pens, yards, shelters, cages, areas, and premises where animals are held or kept shall be maintained so that no flies, insects, or vermin, rodent harborage, odors, ponded water, the accumulation of manure, garbage or other noxious materials do not disturb the health and safety of any person or animal.

HISTORY:

Ord. 2024-6, 4/23/2024

17.14.140 Drive Through/Dive Up Facility

A Drive Through or Drive Up Facility, proposed in association with a use allowed as either a C-1, C-2 Use shall comply with the following:

  1. The Drive Through or Drive Up Facility shall not be located to be adjacent to any residential Zoning District.
  2. One (1) vehicle space located at the Drive Through or Drive Up Facility, plus a minimum of sixty (60) feet of stacking space to accommodate three (3) vehicles in the Drive Through or Drive Up Facility lane is required.

HISTORY:

Ord. 2024-6, 4/23/2024

17.14.150 Home Occupations - Major

The following regulations are established to provide minimum standards for the establishment and operation of Home Occupations (Major).

  1. Home Occupations (Major) may be approved following the receipt of a Home Occupation (Major) Application, subject to the following conditions:
  2. The Home Occupation (Major) is identified as an allowed use in the Zoning District.
  3. The Home Occupation (Major) is conducted within an accessory structure that is clearly incidental and subordinate to the dwelling unit and is carried on by occupants of the dwelling unit, with a maximum of one (1) employee or assistant who does not reside in the dwelling unit located on the lot.
  4. The Home Occupation (Major) may involve the use of any yard space for storage or activities outside of the accessory structure.
  5. The Home Occupation (Major) shall contain no facilities for the display of goods. Any sale of goods and services shall constitute a clearly incidental part of the Home Occupation (Major).
  6. No commercial vehicles are used for the Home Occupation (Major) except that one (1) delivery truck which does not exceed a one (1) ton rated capacity may be allowed.
  7. The Home Occupation (Major) does not change the character of the dwelling unit from that of another dwelling unit or impact the residential character of the surrounding area.
  8. Signs shall be limited to one (1) non-flashing, non-illuminated sign not larger in area than two (2) square feet, and shall be located in a window.
  9. The Home Occupation (Major) shall obtain, and maintain, a valid business license, as required by the City.
  10. The Home Occupation (major) shall not create any nuisance to adjacent properties or to the surrounding area and shall not create any risks to the public's health, safety, or welfare.
  11. In order to achieve the purposes of this Ordinance the Land Use Authority may impose reasonable conditions and requirements on the establishment and operation of the Home Occupation (Major).

HISTORY:

Ord. 2024-6, 4/23/2024

17.14.160 Home Occupations - Minor

The following regulations are established to provide minimum standards for the establishment and operation of Home Occupations (Minor).

  1. Home Occupations (Minor) may be approved following the receipt and review of a Home Occupation (Minor) Application, subject to the following conditions:
  2. The Home Occupation (Minor) is identified as an allowed use in the Zoning District.
  3. The Home Occupation (Minor) is conducted entirely within a dwelling unit and is carried on only by occupants of the dwelling unit. No outside employees shall be allowed.
  4. Not more than twenty five percent (25%) of the ground floor area of the dwelling unit shall be devoted to the Home Occupation (Minor).
  5. The Home Occupation (Minor) does not involve the use of any accessory buildings or yard space for storage or activities outside of the dwelling.
  6. The Home Occupation (Minor) shall contain no facilities for the display of goods. Any sale of goods and services shall constitute a clearly incidental part of the Home Occupation (Minor).
  7. No commercial vehicles shall be used.
  8. The Home Occupation (Minor) is clearly incidental and secondary to the use of the dwelling unit for dwelling purposes and does not change the character of the dwelling unit from that of another dwelling unit or impact the residential character of the surrounding area.
  9. Signs shall be limited to one (1) non-flashing sign not larger in area than two (2) square feet, and shall be located in a window.
  10. The Home Occupation (Minor) shall obtain, and maintain, a valid business license, as required by the City.
  11. The Home Occupation (Minor) shall not create any nuisance to adjacent properties or the surrounding area and shall not create any risks to the public's health, safety, or general welfare.
  12. In order to achieve the purposes of this Ordinance the Land Use Authority may impose reasonable conditions and requirements on the establishment and operation of the Home Occupation (Minor).

HISTORY:

Ord. 2024-6, 4/23/2024

17.14.170 Household Pets

The keeping of household pets for the company or pleasure of the property owner shall comply with the following:

  1. All household pets shall be kept in such a manner that they do not disturb the peace, comfort, or health of any person or animal.
  2. Yards, shelters, cages, areas, places, and premises where they are kept shall be maintained so that flies or odors do not disturb the peace, comfort, or health of any person or animal.
  3. No animal, fowl, reptiles, exotic animals, or domestic livestock or fowl as defined herein, shall be kept as a household pet.

HISTORY:

Ord. 2024-6, 4/23/2024

17.14.180 Prohibited Animals

No animals that are inherently or potentially dangerous and no animals of the Suidae family (i.e., pigs, hogs, or swine) with the exception of those allowed in 17.14.130 shall be kept on any lot or parcel located within the City.

HISTORY:

Ord. 2024-6, 4/23/2024

17.14.190 Kennels

All Kennels, including all Class A, Class B, Hobby, and Commercial Kennels shall comply with the following requirements:

  1. In addition to local ordinances, Kennels shall meet all State, and County ordinances, as applicable.
  2. Kennels owners shall obtain and maintain a valid business license with the City.
  3. All yard areas associated with Kennels shall be kept so as to not disturb the health and safety of any person or animal.
  4. All enclosed pens, shelters, cages, areas, and premises where animals are held or kept shall be soundproofed, so that noise is not discernible from the Kkennel to a level that would be considered a nuisance to adjoining properties.
  5. All pens, yards, shelters, cages, areas, and premises where animals are held or kept shall be maintained so that no flies, insects, vermin, rodent harborage, odors, ponded water, the accumulation of manure, garbage or other noxious materials disturb the health and safety of any person or animal.
  6. No pens, yards, shelters, cages, areas, and premises where animals are held or kept shall be located closer than one hundred (100) feet from any residential structure located on adjacent lots or parcels.
  7. The required side yard and rear yard setbacks for the zone in which the Kennel is located shall be met or a twenty (20) foot side and rear yard setbacks shall be provided, whichever is greater.

HISTORY:

Ord. 2024-6, 4/23/2024

17.14.200 Requirements For Residential Facilities For Elderly Persons

  1. A Residential Facility for Elderly Persons may not operate as a business.
  2. A Residential Facility for Elderly Persons shall:
  3. Be owned by one (1) of the residents or by an immediate family member of one of the residents or be a facility for which the title has been placed in trust for a resident;
  4. Be consistent with any existing, applicable land use ordinance affecting the desired location; and
  5. Be occupied on a twenty -four (24) hour-per-day basis by eight (8) or fewer elderly persons in a family-type arrangement.
  6. Meet all building, safety, land use, and health ordinances applicable to similar dwellings; and
  7. Provide adequate off-street parking spaces.
  8. Residential Facilities for Elderly Persons shall be capable of use without structural or landscaping alterations that would change the structure's residential character.
  9. No person being treated for alcoholism or drug abuse shall be placed in a Residential Facility for Elderly Persons.
  10. Placement shall be on a strictly voluntary basis and not a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility.
  11. A Residential Facility for Elderly Persons may not be considered a business because a fee is charged for food or for actual and necessary costs of operation and maintenance of the facility.
  12. Reasonable Accommodations. The Land Use Authority, in reviewing an application to establish a Residential Facility for Elderly Persons,  may to the extent necessary, modify the requirements of this Section, if such modifications are necessary to make a reasonable accommodation to afford persons residing in such facilities equal opportunity in the use and enjoyment of the facility.
  13. The City shall grant the requested permit to the facility if the facility is proposed outside of a zone regulated exclusively for single-family homes and shall otherwise comply with other local, State, and Federal regulations and this Section.
  14. The use granted by this Section is nontransferable and terminates if the structure is devoted to a use other than a Residential Facility for Elderly Persons or if the structure fails to comply with the ordinances adopted under this Section.

HISTORY:

Ord. 2024-6, 4/23/2024

17.14.210 Requirements For Residences For Persons With A Disability

No Residence for Persons with a Disability shall be approved and established unless:

  1. It is proposed in a building that complies with all Land Use Ordinances and Building Codes.
  2. The Residence for Persons with a Disability proposes no fundamental change in the residential character of the neighborhood.
  3. Maximum Number of Occupants (Consumers and Staff). Any existing building or the plans for a building, proposed to be used as a Residence for Persons with a Disability shall be reviewed by the Building Official, considering the Categorical Standards for physical facilities, as established by the State of Utah Department of Human Services. Following this review the Building Official shall determine the maximum number of persons allowed to reside within the facility, which shall not exceed more than six (6) occupants.
  4. The responsibility to license programs or entities that operate Residences for Persons with a Disability, as well as to require and monitor the provision of adequate services to persons residing in those facilities, shall rest with:
  5. for programs or entities licensed or certified by the Department of Human Services, the Department of Human Services as provided in Title 62A, Chapter 5, Services to People with Disabilities of Utah State Code (as amended); and
  6. for programs or entities licensed or certified by the Department of Health, the Department of Health under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act of Utah State Code (as amended).
  7. State of Utah License Required. At the time the Application to establish a Residence for Persons with a Disability is considered by the Land Use Authority, as applicable, or within forty-five (45) calendar days following approval by the Land Use Authority, the owner or provider shall provide to the Zoning Administrator evidence that the residence is licensed by the State of Utah Department of Human Services or the Utah Department of Health, as applicable for the type of facility being considered, or approved, by the City. Any approval of a Residence for Persons with a Disability shall be conditioned on the presentation of evidence that the facility is licensed, as required by this Section. Failure to provide such evidence shall automatically invalidate and terminate any existing or pending approvals.
  8. Continued Compliance with the Licensure Requirements. The responsibility to license programs, or owners or providers that operate a Residence for Persons with a Disability, as well as require and monitor the provision of services to consumers residing in such facilities, rests with the State of Utah Department of Human Services or Utah Department of Health, as applicable. Failure to maintain continued compliance with the licensure requirements of the State of Utah shall automatically invalidate and terminate any existing or pending approvals issued by the City.
  9. Approval to Operate a Residence for Persons with a Disability is Nontransferable. An approval for a Residence for Persons with a Disability, as authorized by this Section, is nontransferable and shall only be valid to the owner or provider identified on the application authorizing the operation, and as identified as the owner or provider as licensed by the State of Utah.
  10. Reasonable Dispersion. No Residence for Persons with a Disability shall be located closer than one-half (½) mile to an existing Residence for Persons with a Disability.
  11. Reasonable Accommodations. The Land Use Authority, in reviewing an application to establish a Residence for Persons with a Disability, may to the extent necessary, modify the requirements of this Section, if such modifications are necessary to make a reasonable accommodation to afford persons residing in such facilities equal opportunity in the use and enjoyment of the facility.

HISTORY:

Ord. 2024-6, 4/23/2024

17.14.220 Requirements For Residences For Persons With A Disability That Are Substance Abuse Facilities And Are Located Within Five Hundred (500) Feet Of A School

  1. All requirements applicable to a Residence for Persons with a Disability, as provided by 17.14.210 shall apply.
  2. In addition to the requirements for a Residence for Persons with a Disability, the following requirements shall apply to all Residences for Persons with a Disability that are substance abuse facilities and proposed within five hundred (500) feet of a school:
  3. In accordance with the rules established by the Department of Human Services under Title 62A, Chapter 2, Licensure of Programs and Facilities of Utah State Code (as amended), the Applicant shall provide:
  4. A security plan satisfactory to the Richfield City Police Department.
  5. Operations which provide twenty-four (24) hour supervision for residents; and
  6. Other twenty-four (24) hour security measures, as required by the Richfield City Police Department or the Utah Department of Human Services to ensure the care, supervision, and safety of residents.

HISTORY:

Ord. 2024-6, 4/23/2024

17.14.230 Commercial Building Appearance Design Standards

  1. The City of Richfield desires architectural design of commercial buildings that residents and visitors of the City will not only find appealing but also that will not create an undue burden on businesses owners. In order to maintain a respectable character on main thoroughfares within the City, the following standards shall apply to commercial buildings on the following City Streets within the City’s incorporated boundaries:
  2. Main Street, including the extension of State Highways 118 and 120;
  3. 300 North going east from 100 West including the extension of State Highway 119;
  4. 1300 South, from State Highway 118 to the I-70 interchange; and
  5. 100 East from 500 South to 600 North.
  6. All new or remodeled commercial building facades constructed within a city block (or within five hundred feet (500’) of the right-of-way limits of the above described City streets) shall meet the following appearance design guidelines:
  7. Exterior building designs shall be reviewed as part of the project plan by the Development Review Committee (DRC). The Commission shall review comments provided by the DRC and shall recommend approval, approval with modifications, or denial to the Council.
  8. All sides of a commercial building that are visible from any public street or an adjacent residential zone shall include one (1) or more of the following preferred exterior finishing materials: masonry, decorative wood, stone, or decorative metal panels.
  9. Unfinished concrete, plywood, corrugated metal siding and vinyl siding are discouraged finishes for commercial buildings. Any other materials not listed in this Section shall be treated as though it is a discouraged finish.
  10. Discouraged finishes will not be allowed unless petitioned by the Applicant, reviewed by the DRC, recommended by the Commission and approved by the City Council. Discouraged finishes may be permitted based on the aesthetic characteristics, curb appeal, and congruence with surrounding architectural properties of the proposed building design.  A 3-D, colored rendering of the proposed building with finishes and adjacent sites shall be submitted in order to be considered for approval. The requirement for a 3-D rendering may also be met by providing colored elevations or the equivalent as approved by the Zoning Administrator. A 3-D rendering or equivalent will be required only when an Applicant proposes using materials on the discouraged list.
  11. Within the City's Downtown Commercial Area as outlined on the City's Official Map, new or remodeled commercial buildings shall be designed so as to contribute to and not detract from the positive characteristics of the area.

HISTORY:

Ord. 2024-6, 4/23/2024

17.14.240 Outdoor Display Of Goods For Sale (Limited)

  1. The location for Outdoor Display of Goods for Sale including automotive, truck, recreational vehicles, trailers, boats, and other vehicles and equipment owned by the property owner and directly related to the business, may be displayed subject to the following:
  2. Outdoor Display of Goods for Sale shall be prohibited from being displayed on public property or within the public right of way and in no way shall interfere with or cause disruption to pedestrian or vehicular traffic patterns.
  3. The area for the Outdoor Display of Goods for Sale shall be approved by the Land Use Authority as a conditional use and shall not be expanded without the approval of the Land Use Authority.
  4. The area for the Outdoor Display of Goods for Sale shall be prohibited in the Clear View Area as defined in 17.13.190.
  5. Sidewalks adjacent to the City's Main Street between 200 North and 200 South.
  6. All merchandise displayed on sidewalks for sale to the public shall be positioned and displayed to provide for an unobstructed walkway parallel to Main Street having a width of not less than forty four inches (44”).
  7. All merchandise displayed shall be removed from sidewalks daily at or before the closing of the business utilizing the sidewalk(s) for display purposes, or as directed by the Land Use Authority.
  8. All signage including banners shall be in conformity with the provisions of Chapter 17.17 and shall not be attached to sidewalk improvements such as lamp posts or benches located in the landscaping adjacent to the sidewalk(s).

HISTORY:

Ord. 2024-6, 4/23/2024

17.14.250 Storage Of Mobile Homes, Recreational Vehicles, And Similar (Limited)

The location or storage of mobile homes, recreational vehicles (i.e., travel trailers, boats, camping trailers and truck campers), and equipment owned by the property owner, may be parked on-site subject to the following:

  1. Recreational vehicles, including boats, travel trailers, motor homes, horse trailers, and similar vehicles kept in reasonable repair and operable condition, may be located in a detached or attached garage , or other accessory building, or may be parked in the rear yard or side yard and shall comply with the following:
  2. Recreational vehicles shall meet all setbacks required for fences, walls or hedges as set forth in 17.13.190.
  3. Recreational vehicles shall be prohibited in the Clear View Area as defined in 17.13.190.
  4. Recreational vehicles, including boats, travel trailers, motor homes, truck camper, and similar vehicles may be located in the front yard for the purposes of loading and unloading for a period not to exceed seventy two (72) hours.
  5. A recreational vehicle may be occupied temporarily on-site by family members or guests of the property owner. However, no boat, trailer, motor home, travel trailer, or similar recreational vehicle shall be occupied for a period greater than seven (7) days.

HISTORY:

Ord. 2024-6, 4/23/2024

17.14.260 Swimming Pool Enclosures

  1. All swimming pools, or other artificially created pools of water which are more than twenty four (24) inches deep and have a surface area of fifty (50) square feet shall be surrounded by a protective enclosure (i.e., fence, wall or similar).
  2. The protective enclosure shall be no less than five (5) feet high for pools situated on property used for any dwelling.
  3. The enclosure must be constructed of approved materials. Enclosure exteriors shall be smooth (free of projections which would aid climbing) and shall have no opening which exceeds four (4) inches in horizontal dimension.
  4. Gates shall be constructed of approved materials, and shall be self-closing, self-latching, and not over four (4) feet wide. Latching hardware shall be installed at a height of not less than fifty-two (52) inches.
  5. Space adjacent to the exterior of the fence, which falls within the area described by a radius equal in length to the height of the enclosure, and centered at the top of the enclosure fence, must be kept clear of all natural or man-made objects which could be used to gain access to the enclosure.
  6. Outdoor spas, or other similar small pools, may be protected by a solid locking cover in lieu of an enclosure. In the absence of a solid locking cover, the requirements for an enclosure provided by this Section shall be observed.
  7. Access to indoor pools shall be restricted in a manner that is equivalent in nature as provided by this Section.

HISTORY:

Ord. 2024-6, 4/23/2024

17.14.270 Wireless Telecommunications Site/Facility

This Section is provided to establish development standards for wireless telecommunication facilities and to promote compatibility with adjoining land uses to the extent permitted by the Telecommunications Act of 1996, as amended.

  1. Scope. The requirements of this Section shall apply to all wireless telecommunications facilities such as “cellular” or “PCS” (Personal Communications System) communications and paging systems. This Section shall not apply to radio antennas complying with the ruling of the Federal Communications Commission in “Amateur Radio Preemption, 101 FCC 2nd 952 (1985)” or a regulation related to amateur radio service adopted under 47 C.F.R Part 97.
  2. Facility Types. The following types of wireless telecommunication facilities shall be governed by this Section:
  3. Stealth Design Antennas.
  4. Roof – Mounted Antennas.
  5. Wall - Mounted Antennas.
  6. Monopoles (Including antennas and antenna support).
  7. Prohibited Facility Types. Unless a facility is a wireless telecommunication facility described above, all other types of facilities pertaining to wireless telecommunications facilities are hereby determined to be prohibited facilities within Richfield City, including the following facilities:
  8. Lattice Tower. A lattice tower shall be prohibited, unless otherwise required by to comply with applicable State or Federal law.
  9. All other types of wireless telecommunication facilities not expressly provided for herein, unless otherwise required to comply with State or Federal law.
  10. Other Laws. The requirements of this Chapter shall not be construed to prohibit or limit other applicable provisions of this Ordinance or other laws, including pertinent regulations of the Federal Communications Commission (FCC) and the Federal Aviation Administration (FAA).
  11. Existing Facility Plan Required. Whenever an Applicant applies for an approval under this Section, the Applicant shall submit a carrier(s) plan showing by location and type the carrier's existing and planned facilities within the City and within one (1) mile outside of the City's incorporated boundary.
  12. Screening. Any associated mechanical or electrical equipment shall be completely screened from view, including from public rights-of-way, on-site parking areas, and adjacent properties. Screening shall be provided by a decorative fence/wall, and/or landscaping.
  13. Location. The proposed facility, including associated mechanical and electrical equipment, shall not be located within any public right-of-way.
  14. Compliance Required. The proposed facility shall conform to the requirements of this Section and other applicable Federal, State, or other laws, including pertinent regulations of the FCC and the FAA.
  15. Permits Required. Copies of required permits from pertinent Federal, State, and other agencies establishing compliance with applicable regulations shall be filed with the City as a part of the Land Use Application required to authorize the proposed wireless telecommunications facility.
  16. Specific Requirements for Various Types of Allowed Antennas.
  17. Stealth Design Antennas. The following provisions shall apply to all stealth-design antennas. The intent of this Section is to allow creativity in designing a proposed wireless telecommunications facility so that it will have essentially no visual impact.
  18. Stealth designs may include, but are not limited to, the use of one (1) or more of the following:
  19. Screening, structure, and/or antenna design which blend with the architecture of the existing structure upon which the antenna will be mounted into the area’s surroundings;
  20. Screening, structure, antenna and/or location design which blend with and/or take advantage of existing vegetation and/or features of a site; and
  21. Color schemes that make the antenna less noticeable.
  22. The Council shall have authority to determine whether a proposed roof-mounted, wall-mounted, or monopole wireless telecommunications facility design will have essentially no visual impact and whether a proposed stealth design meets the intent of this Section.
  23. Roof-Mounted Antennas. The following provisions shall apply to roof-mounted antennas.
  24. Roof-mounted antennas may only be allowed if determined to be a stealth design as set forth in this Section.
  25. The maximum height of any roof-mounted antenna shall comply with the maximum building height allowed in the Zoning District in which the roof-mounted antenna is located.
  26. The maximum number of roof-mounted antennas shall be one (1) roof-mounted antenna per building or structure
  27. Wall-Mounted Antennas. Wall-Mounted antennas may only be allowed if determined to be a stealth design as set forth in this Section. The following provisions shall apply to flush- and non-flush-mounted wall antennas.
  28. Wall-mounted antennas shall not:
  29. Extend above the wall line of the building; and
  30. Extend more than one (1) foot horizontally from the wall’s surface.
  31. Wall-mounted antennas, equipment, and the supporting structure shall be painted to match the color of the building or structure or the background against which they are most commonly seen.
  32. Antennas mounted directly on walls with no portion of the antenna extending above the wall line shall be considered wall-mounted antennas.
  33. The maximum number of wall-mounted antennas shall be one (1) wall-mounted antenna per building or structure.
  34. Monopoles, Monopoles with Antennas, and Antenna Support Structures. Monopoles with Antennas and Antenna Support Structures shall only be allowed if determined to be a stealth design as set forth in this Section. The following provisions shall apply to monopoles with antennas and antenna support structures.
  35. The maximum height of any monopole, including antennas and antenna support structures, shall comply with the maximum building height allowed in the Zoning District in which the monopole, including antennas and antenna support structures is located, measured from the natural grade at the base of the monopole to the highest point of the pole, antennas, or support structures.
  36. The location of a monopole, and its associated equipment and facilities, shall be as follows:
  37. All accessory equipment not located within an accessory building shall be completely screened from view by a decorative fence/wall.
  38. All monopoles and associated equipment and facilities shall be a stealth-design, as provided by this Chapter.
  39. A monopole, and its associated equipment and facilities, shall comply with the minimum yard setback requirements of the Zoning District in which it is located. In addition, if located in a residential or agricultural Zoning District, a minimum of four (4) feet for every foot of pole height from the closest property line of any residential structure shall be provided.
  40. A monopole shall not be located within one thousand (1,000) linear feet from another monopole.
  41. All communication and power lines to or between any accessory building, accessory equipment, and antenna structures, shall be located underground.
  42. Alternative Locations. In considering applications to locate wireless telecommunications facilities, the Council shall consider whether the location of the antenna on other existing structures in the same vicinity, such as other towers, buildings, utility poles, athletic field lights, parking lot lights, etc., is possible without significantly affecting antenna transmission or reception.
  43. Non-Maintained and Abandoned Facilities—Letter Agreement. Prior to approval of an application for wireless telecommunication facility, the Applicant shall provide the Council a letter agreeing to the requirements of this Chapter. The letter agreement shall state that if technology renders the facility obsolete, the facility is not maintained, the facility is abandoned, or the facility is vacated, the Applicant carrier will provide the City with a copy of a "Notice to Abandon" from the carrier(s) to be filed with the FCC and will remove the facility.
  44. If the Zoning Administrator determines that a facility is not maintained, is abandoned, or is vacated, the Zoning Administrator shall send the Applicant a Notice of Non-Maintenance or Abandonment by certified mail. If a facility subject to the foregoing notice requirement has not been repaired, put into use, or removed within thirty (30) days of receipt of the notice, the Zoning Administrator shall send the Applicant a certified Notice to Remove, which shall give the Applicant thirty (30) days from the receipt of the notice to remove the facility. In the event a facility is not removed as required, the City may undertake legal proceedings to enforce removal as set forth in this Ordinance, or other applicable Ordinances of the City.

HISTORY:

Ord. 2024-6, 4/23/2024

17.14.280 Regulation Of Amateur Radio Antennas

The City may not enact or enforce an ordinance that does not comply with the ruling of the FCC in "Amateur Radio Preemption, 101 FCC 2nd 952 (1985)" or a regulation related to amateur radio service adopted under 47 C.F.R. Part 97.

  1. If the City adopts an ordinance involving the placement, screening, or height of an amateur radio antenna based on health, safety, or aesthetic conditions, the ordinance shall:
  2. Reasonably accommodate amateur radio communications; and
  3. Represent the minimal practicable regulation to accomplish the City's purpose.

HISTORY:

Ord. 2024-6, 4/23/2024

17.14.290 Manufactured Homes

A manufactured home is the same as defined in Section 58-56-3, Utah Code Annotated, 1953, as amended, except that the manufactured home must be attached to a permanent foundation in accordance with plans providing for vertical loads, uplift, lateral forces and frost protection in compliance with the applicable Building Codes. All appendages, including carports, garages, storage buildings, additions, or alterations shall be built in compliance with the applicable Building Code.

  1. A manufactured home may not be excluded from any land use zone or area in which a single-family residence would be permitted, provided the manufactured home complies with all local land use ordinances, Building Codes, and any restrictive covenants, applicable to a single-family residence within that zone or area.
  2. The City may not:
  3. Adopt or enforce an ordinance or regulation that treats a proposed development that includes manufactured homes different than one that does not include manufactured homes; or
  4. Reject a development plan because the development is expected to contain manufactured homes.

HISTORY:

Ord. 2024-6, 4/23/2024

17.14.300 Accessory Storage (Portable Storage Containers)

  1. Residential Zones. No portable storage containers shall be permitted in any residential zone with the following exceptions:
  2. A portable storage container shall be allowed temporarily on an approved driveway or in a side or rear yard for not exceeding ninety (90) days in twelve months. No temporary portable storage container shall be placed or located in a circulation aisle/lane, fire access lane, public utility easement, or public right-of-way, including streets, sidewalks, and park strips. 
  3. If a building permit has been issued the container must be removed within ten (10) days of the final building inspection.
  4. Commercial or Manufacturing Zones. The use of portable storage containers in commercial or manufacturing zones shall be allowed as a conditional use (C-1) with the following conditions:
  5. Shipping and receiving merchandise and goods, provided that the temporary portable storage container does not remain stationary for more than thirty (30 consecutive days or more than ninety (90) calendar days in a calendar year. 
  6. Storage of merchandise and goods (long-term) provided that the portable storage container is not kept in the front setback area, designated parking areas, fire access lanes, public rights-of-way, landscaping area, in an area visible from the property's primary street or on parcels that are adjacent to a residential zone. In addition, a portable storage container shall meet all other setback requirements. 
  7. Storage for construction or remodeling purposes, so long as the period of that use does not exceed one hundred eighty (180) days. The Planning Commission may extend the 180-day requirement when a project is ongoing and a building permit remains valid. 
  8. As a C-1 use, each business property will be allowed one unit, with an additional unit allowed for each additional acre or part of an acre, up to a maximum of five units. (Exception" Businesses with a business license to sell and rent off-site storage containers.) 
  9. A portable storage container shall not exceed the following standards: width of eight (8) feet, length of no more than forty-one (41) feet; and height of nine-and a -half (9-1 /2) feet. 
  10. Vertical stacking of portable storage containers and stacking of any other materials on top of or around any portable storage container shall be prohibited in all zones. The Planning Commission may approve an exception for those commercial businesses with a valid business license to sell portable storage containers. 
  11. Portable storage containers must be screened or painted to complement adjacent structures. In addition, portable storage containers must be in good repair, secured against unauthorized entry, and comply with health regulations. A portable storage container is not in a state of good repair when it cannot be moved intact, holes in the container exist due to damage or rust, or it has been infested with vermin or other pests. 
  12. Portable storage containers may not be used as a dwelling or living quarters or for camping, cooking, or recreation at any time in any zone. 
  13. Portable storage containers larger than one hundred twenty (120) square feet shall be regulated as any other building or structure. 
  14. A building permit is required for each container prior to placing or moving the container onto the property and shall meet all setback and hold-down requirements for the zones in which it will be located. 
  15. Portable storage containers shall be placed on a stable base as required by the building permit department, such as railroad ties, four (4) inches of gravel, etc., to prevent the bottom of the container from rusting. 
  16. Portable storage containers shall not be used for permanent storage on parcels with frontage along Main Street or State Route 120 between the interchange of SR 120 and Interstate 70 to the north and 1500 to the south.

HISTORY:

Ord. 2024-6, 4/23/2024

Ord. 2026-1, 3/10/2026

17.14.310 Small Wind And Solar Energy Systems

The purpose of this Section is to provide regulations for the safe and effective construction and operation of small wind and solar energy systems within the City, subject to reasonable restrictions, which are primarily designed to protect and preserve the health, safety, and general welfare of the public.

  1. Small wind energy systems (windmill).
  2. Allowed areas.  A standalone small wind energy facility may be installed in any zoning district, subject to the requirements of this Section. 
  3. Use and design standards.  All small wind energy systems shall comply with the following standards:
  4. Setbacks.  The base of a small wind energy system shall have a minimum setback distance of no less than one hundred ten percent (110%)  of the total extended height from all overhead utility lines, dwelling units, accessory structures, and public rights-of-way. 
  5. Location.  All small wind energy systems shall be located within the rear yard.  Placement of a small wind energy system in any front or side yard shall be strictly prohibited.
  6. Height.  The total height of a small wind energy system shall be forty five feet (45’) on lots or parcels of one-half acre to five (5) acres in size.  For lots or parcels five (5) or more acres in size, a maximum height of sixty five feet (65’) shall be permitted.
  7. Sound.  Sound produced by a turbine under normal operating conditions, as measured at the property line, shall not exceed sixty five (65) decibels.  Sound levels may be exceeded during short term events out of human control, such as utility outages and/or severe wind storms.
  8. Clearance.  Ground clearance of rotor blades shall be a minimum of twenty five feet (25’).
  9. Access.  Small wind energy systems shall be constructed to provide one (1) of the following means of access control, or other appropriate method of access:
  10. Climbing apparatus located no closer than twelve feet (12’) from the ground.
  11. An installed, locked anti-climb device.
  12. A locked, protective fence at least six feet (6’) in height that encloses the small wind energy system on all sides.
  13. Guy wires.  Anchor points for any guy wires for a small wind energy system shall be located within the property that the structure is located upon and shall not be installed on or across any above ground electric transmission or distribution lines.  Anchor points shall not be located in the front yard.  The point of attachment for guy wires shall be enclosed by a protective fence at least six feet (6’) in height or sheathed in bright orange or yellow covering from a height of three to eight (3-8’) above the ground. 
  14. Shut-Off mechanism.  Small wind energy systems shall be designed with an automatic shut-off mechanism so that in the event of a power outage, the system will not back-feed into the power grid.  
  15. Code compliance.  All small wind energy systems shall be designed and constructed to be in compliance with the adopted Building Codes.
  16. Over-Speed control.  All small wind energy systems shall be equipped with manual and automatic over-speed controls.  The conformance of rotor and over-speed control design and fabrication shall be in good engineering practices and shall be certified by the manufacturer.
  17. Lighting.  Exterior lighting on any structure associated with a small wind energy system shall not be allowed, except that which is specifically required by the FAA.
  18. Signs.  All signs, other than the manufacturer’s or installer’s identification, approved warning signs, or owner identification, shall not be visible from any public right-of-way.  At least one (1) sign shall be posted on the base of the system at a height of five feet (5’) which warns of electrical shock or high voltage and harm from revolving machinery shall be required.
  19. Utilities.  All on-site utilities such as electrical wires shall be installed underground.
  20. Color.  A small wind energy system shall be painted or treated with a non-reflective, unobtrusive color that blends into the surrounding landscape.  Non-reflective surfaces shall be incorporated in the design to minimize any visual disruption. 
  21. Maintenance.  All small wind energy facilities shall be maintained in good condition and in accordance with the requirements of this Section.
  22. Inspections required.  All small wind energy systems shall require a building permit.  No system shall be connected to the power grid until the City has inspected and approved the system.
  23. Building Permit Application.  The Applicant shall submit an Application to the City’s Building Department for review.  As part of the submittal and in addition to the Application requirements, the Applicant shall be required to submit the following items:
  24. Evidence that the proposed system does not exceed the height recommended by the manufacturer or distributor of the system.
  25. Standard drawings on the structure and stamped engineered drawings of the tower, base, footings, and/or foundation as provided by the manufacturer.  Wet stamps shall not be required.
  26. A line drawing of the electrical components, as supplied by the manufacturer, in sufficient detail to allow for a determination that the manner of installation conforms to the National Electric Code.
  27. A site plan drawn to scale showing the location of the small wind energy system in relation to other structures or above ground utility lines on the site and on adjacent neighboring properties.
  28. Approval.  Approval shall be given based upon compliance with the standards of this section and requirements of the City’s Building Department, and approval of the Zoning Administrator.
  29. Roof-mounted wind energy systems.  
  30. Allowed areas.  Roof-mounted wind energy systems are permitted as an accessory use in all zoning districts subject to the standards in this section.
  31. Use and Design Standards.  All roof-mounted wind energy systems shall comply with the following standards:
  32. Height.  Roof-mounted wind energy systems may not project more than five feet (5’) above the roofline of the building or structure in which they are installed.  Higher projecting systems may be reviewed and approved with a C-2 Use permit.
  33. Design.  Roof-mounted wind energy systems shall be integrated into the design of the building as much as possible and shall not be viewed as an obvious afterthought.
  34. Sound.  Sound produced by the roof-mounted wind energy system under normal operating conditions, as measured at the property line, shall not exceed sixty five (65) decibels.  Sound levels may be exceeded during short term events out of human control, such as utility outages or severe wind storms.
  35. Color.  Roof-mounted wind energy systems shall be painted or treated a non-reflective, unobtrusive color that blends the system and its components into the surrounding landscape and rooftop.  Non-reflective surfaces shall be incorporated to minimize any visual disruption.
  36. Shut-Off mechanism.  Roof-mounted wind energy systems shall be designed with an automatic shut-off mechanism so that in the event of a power outage, the system will not back-feed into the power grid.  
  37. Code compliance.  All roof-mounted wind energy systems shall be designed and constructed to be in compliance with the adopted Building Codes.
  38. Over-Speed control.  All roof-mounted wind energy systems shall be equipped with manual and automatic over-speed controls.  The conformance of rotor and over-speed control design and fabrication shall be in good engineering practices and shall be certified by the manufacturer.
  39. Maintenance.  All roof-mounted wind energy facilities shall be maintained in good condition and in accordance with the requirements of this Section.
  40. Inspections required.  All roof-mounted wind energy systems shall require a building permit.  No system shall be connected to the power grid until the City has inspected and approved the system.
  41. Building Permit Application. The Applicant shall submit an Application to the City’s Building Department.  As part of the submittal and in addition to the Application requirements, the Applicant shall be required to submit the following items:
  42. Elevations/renderings of the building showing the proposed roof-mounted wind energy system.
  43. A line drawing of the electrical components, as supplied by the manufacturer, in sufficient detail to allow for a determination that the manner of installation conforms to Building Codes.
  44. Approval.  Approval shall be given based upon compliance with the standards of this section and requirements of the City’s Building Department, and approval of the Zoning Administrator.

HISTORY:

Ord. 2024-6, 4/23/2024

17.14.320 Solar Energy Devices (Panels/Collectors)

The purpose of this Section is to provide regulations for the safe and effective construction and operation of solar energy devices within the City, subject to reasonable restrictions, which are primarily designed to protect and preserve the health, safety, and general welfare of the public.

  1. Roof-Mounted Solar Energy Devices.
  2. Allowed Areas.  Roof-Mounted Solar Energy Devices may be installed upon the roof of a dwelling unit or an accessory structure within any zone upon compliance with this Section.
  3. Design Standards.  All Roof-Mounted Solar Energy Devices shall comply with the following standards.
  4. Panels/collectors shall not extend beyond the lower or upper roofline, or beyond a parapet wall on a flat roof.
  5. Panels/collectors on a flat commercial or industrial roof shall be screened so as not to be visible from any public right-of-way.  Screening shall be aesthetically incorporated into the building’s design and shall match or be complementary to the color and materials of the building.  
  6. Panels/collectors on sloped rooftops shall maintain the same angle as the roof and shall be mounted parallel to and flush with the roof.  Propping up of the panels/collectors on one side shall be prohibited.
  7. Measures shall be taken to minimize the reflection of sunlight onto neighboring windows and public rights-of-way.  Panels/collectors may be required to be removed if they are proven to be a hazard to the safety of the public.
  8. Ends of panel arrays shall be covered and mounting brackets used to secure panels/collectors shall be of a color and style that blends with the roof.
  9. Conduit or piping shall be of a color and style that blends to the surface on which it is attached.
  10. To the extent possible, panel/collector frames shall be of a color and style that blends with the roof.
  11. Maintenance.  All Roof-Mounted Solar Energy Devices shall be maintained in good condition and in accordance with the requirements of this section.
  12. Building Permit Application.  The Applicant shall submit an Application to the City’s Building Department.
  13. Inspections Required.  All Roof-Mounted Solar Energy Devices shall require a building permit.  No system shall be connected to the power grid until the City has inspected and approved the system. 
  14. Approval.  Approval shall be given based upon compliance with the standards of this section and requirements of the City’s Building Department, and approval of the Zoning Administrator.
  15. Ground-Mounted Solar Energy Devices.
  16. Allowed Areas.  Ground-Mounted Solar Energy Devices may be installed within any zone upon compliance with this Section.
  17. Design Standards.  All Ground-Mounted Solar Energy Devices shall comply with the following standards.
  18. Size.  All Ground-Mounted Solar Energy Devices shall be limited to a maximum area of two-hundred (200) square feet.
  19. Location.  All Ground-Mounted Solar Energy Devices in residential zones shall be limited to the side or rear yard and shall be treated as accessory structures.  In all other zoning districts location shall be limited to the side or rear yard, and shall not encroach into any required setbacks.
  20. All exterior electrical and/or plumbing lines shall be placed in a conduit and buried below the surface of the ground.  Electrical lines may be placed overhead only near points of interconnection to the power grid.
  21. Maintenance.  All Ground-Mounted Solar Energy Devices shall be maintained in good condition and in accordance with the requirements of this section.
  22. Building Permit Application.  The Applicant shall submit an Application to the City’s Building Department.
  23. Inspections Required.  All Ground-Mounted Solar Energy Devices shall require a building permit.  No system shall be connected to the power grid until the City has inspected and approved the system. 
  24. Approval.  Approval shall be given based upon compliance with the standards of this section and requirements of the City’s Building Department, and approval of the Zoning Administrator.

HISTORY:

Ord. 2024-6, 4/23/2024

17.14.330 Outdoor Youth Programs

  1. Land Use Authority Approval Limited.  The approval of an Application to license or operate an Outdoor Youth Program shall be limited, as licensed by the Department of Human Services.
  2. Business License Required.  A business license shall be required for each Outdoor Youth Program. 
  3. Department of Human Services License Required.  No Outdoor Youth Program shall be approved by the Land Use Authority unless and until all requirements necessary for license or certification from the Department of Human Services have been met and such license approved.
  4. Exception.  The Land Use Authority may condition an approval on the presentation of written evidence that the Department of Human Services has licensed the Outdoor Youth Program.  Failure to provide written evidence of such license or certification within ninety (90) days following approval of the Land Use Authority, the Zoning Administrator shall automatically void any approval and invalidate any existing or pending land use permit or business license.
  5. Minimum Standards For Approval:
  6. As authorized by the Utah Administrative Code (UAC), including R501 et seq., as amended, no Outdoor Youth Programs shall be approved unless:
  7. It is located within an approved zoning district.
  8. Written evidence is provided from the property owner or federal land managers of approval to operate the Outdoor Youth Program on the property(ies) at the proposed location.
  9. The maximum group size has been reviewed and approved by the City’s Police Department and the Central Utah Public Health Department. 
  10. A copy of each expeditionary route has been reviewed and approved by the City’s Police Department, including schedule and itinerary.
  11. An emergency evacuation plan has been reviewed and approved by the City’s Police Department.  Such emergency evacuation plan shall identify all necessary arrangements with all local rescue services for possible emergency evacuation needs, which shall be reviewed and approved every six (6) months by the City’s Police Department.
  12. All stationary Outdoor Youth Programs (i.e. camps) shall be inspected by the Central Utah Public Health Department before being occupied and on an annual basis thereafter.  A copy of the inspection shall be maintained at the site of the stationary Outdoor Youth Program and provided to the City’s Zoning Administrator.  The inspection shall require the following:
  13. Food.  Food to be stored, prepared and served in a manner that is protected from contamination.
  14. Water Supply.  The water supply shall be from a source that is accepted by the Central Utah Public Health Department.
  15. Sewage Disposal.  Sewage shall be disposed of through a public system, or in absence of a public system, in a manner approved by the Central Utah Public Health Department.
  16. Continued Compliance.  An Outdoor Youth Program shall maintain the necessary licensure with the State.  Failure to maintain a valid license with the Department of Human Services or Central Utah Public Health Department shall be cause for any approval, license, or permit issued by the City to be automatically terminated.  
  17. Approval To Operate Non-Transferable.  An approval to operate an Outdoor Youth Program is non-transferable and shall only be valid to the owner or provider identified on the Application authorizing the operation of the Outdoor Youth Program.  An approval to operate an Outdoor Youth Program terminates if the Outdoor Youth Program fails to comply with any of the requirements of this Section or the license requirements of the State or Central Utah Public Health Department.
  18. Reasonable Accommodations.  The Land Use Authority, in reviewing the Application, may to the extent necessary modify the requirements of this Section, if such modification is necessary to make a reasonable accommodation to afford persons equal opportunity in the use and enjoyment of the Outdoor Youth Program.

HISTORY:

Ord. 2024-6, 4/23/2024

17.14.340 Therapeutic Schools

  1. Land Use Authority Approval Limited.  The approval of an Application to license or operate a Therapeutic School shall be limited by the standards established by the Utah Department of Human Services.
  2. Business License Required.  A business license shall be required for each Therapeutic School. 
  3. Department of Human Services License Required.  No Therapeutic School shall be approved by the Land Use Authority unless and until all requirements necessary for license or certification from the Department of Human Services have been met and such license approved.
  4. Exception.  The Land Use Authority may condition an approval on the presentation of written evidence that the Department of Human Services has licensed the Therapeutic School.  Failure to provide written evidence of such license or certification within ninety (90) days following approval of the Land Use Authority, the Zoning Administrator shall automatically void any approval and invalidate any existing or pending land use permit or business license.
  5. Minimum Standards For Approval: 
  6. Building Code Compliance.  Therapeutic Schools shall be located in a building, or buildings that copy with the adopted Building Codes.
  7. Zoning Ordinance Compliance.  Therapeutic Schools shall be located in an approved zoning district as outlined in this Title and shall meet all requirements outlined herein.
  8. Buildings And Grounds.  
  9. The appearance and cleanliness of building(s) and grounds associated with Therapeutic Schools shall be adequately maintained.  
  10. Therapeutic Schools shall maintain an on-site office.
  11. Reasonable measures shall be taken to ensure a safe physical environment for all clients and staff.
  12. Continued Compliance.  A Therapeutic School shall maintain the necessary licensure with the State.  Failure to maintain a valid license with the Department of Human Services or Central Utah Public Health Department shall be cause for any approval, license, or permit issued by the City to be automatically terminated.  
  13. Approval To Operate Non-Transferable.  An approval to operate a Therapeutic School is non-transferable and shall only be valid to the owner or provider identified on the Application authorizing the operation of the Therapeutic School.  An approval to operate an Outdoor Youth Program terminates if the Outdoor Youth Program fails to comply with any of the requirements of this Section or the license requirements of the State or Central Utah Public Health Department.
  14. Reasonable Accommodations.  The Land Use Authority, in reviewing the Application, may to the extent necessary modify the requirements of this Section, if such modification is necessary to make a reasonable accommodation to afford persons residing in such facility equal opportunity in the use and enjoyment of the facility and/or to comply with the requirements of §57-21 of Utah State Code (as amended) or the Federal Fair Housing Amendments Act of 1988, 42 USC Section 3601 et. seq.

HISTORY:

Ord. 2024-6, 4/23/2024

17.14.350 Animal Grooming Services

  1. All Animal Grooming Services shall comply with applicable City, County Animal Control, and County Health Department regulations.
  2. All animals shall be treated humanely.  No conditions shall be maintained or permitted in the premises or on the property that are, or could be, injurious to the animal.
  3. All buildings and rooms shall be enhanced with building materials, including sufficient insulation and glass thickness to dampen or eliminate noises associated with the animals contained within.  The sound attenuation of buildings and rooms shall be sufficient to eliminate noises associated with the animals from inside any occupied residential or commercial building.
  4. All buildings, rooms, animal enclosures, cages, kennels, and runs shall be of sufficient size to provide adequate and proper accommodations for the animals kept therein, and shall be constructed and maintained to prevent the escape of any animals. 
  5. All buildings, rooms, animal enclosures, cages, kennels, and runs shall be maintained in a clean and sanitary condition; shall be designed and constructed with materials which are easily cleaned; and shall be properly designed and ventilated to prevent/remove animal odors.
  6. Animals may be walked outdoors at any time on a leash for exercise and relief provided that only three (3) animals, per accompanied employee, may be outside at a time.  Any solid animal waste shall be disposed of promptly in an appropriate and sanitary manner.
  7. There shall be no boarding (kenneling) of any animal.  

HISTORY:

Ord. 2024-6, 4/23/2024