A.   Purpose: This section is established to provide regulations and design standards for accessory dwelling units (ADUs) and guesthouses related to single-family dwellings in Residential Zone Districts.

   B.   Internal Accessory Dwelling Units (ADUs):

      1.   ADUs shall only be allowed within the building footprint of a detached single-family dwelling. ADUs shall not be allowed in a duplex, triplex, apartment, or any other structure that contains more than one dwelling unit.

      2.   A minimum of one (1) off-street vehicle parking space is required for an ADU. This space shall be in addition to those required for the primary dwelling and shall comply with the City’s parking standards.

      3.   ADUs shall only be allowed on a lot containing 6,000 or more square feet.

      4.   An ADU shall not be allowed in a mobile home.

      5.   Only one (1) ADU is permitted per lot.

      6.   ADUs shall not be used as short-term rentals. Any rentals shall be made for 30 days or more.

      7.   ADUs shall be designed in a manner that does not change the appearance of the primary dwelling as a single-family dwelling.

      8.   Installation of a separate utility meter to service an ADU is prohibited.

      9.   Establishing a separate mailing address for an ADU is prohibited.

      10.   ADUs shall comply with all applicable building, health, and fire codes.

      11.   A building permit is required for the installation of any of the features listed below and any other construction related to the ADU. All construction must meet current building codes and shall, at a minimum, comply with the following standards prior to receiving a business license:

         a.   Contain separate living facilities from the primary dwelling unit, including permanent provisions for living, sleeping, eating, cooking and bathing. (IRC 202)

         b.   Provide ingress and egress to the ADU through a minimum 32-inch wide side-hinged door without requiring travel through a garage. (IRC 311)

         c.   Provide wall and floor/ceiling fire separation between the ADU and the primary dwelling unit with at least half-inch gypsum or equivalent. (IRC 302.3)

         d.   ADU occupants shall have access to the plumbing, HVAC, and electrical controls for the ADU. (IRC 1305.1 & 2005.2.1)

         e.   Provide a written statement from a licensed HVAC professional stating the HVAC system is sufficient for the ADU and the primary dwelling unit. (IRC 1103.8 and 1105.4)

         f.   Provide separation of electrical systems. The branch circuits supplying the ADU must be accessible to its occupants. (IRC 3705.8)

         g.   Provide sleeping rooms with emergency openings. (IRC 310.1)

         h.   Provide interconnected smoke and carbon monoxide detectors. (IRC 314.2.2 & 315.2.2)

      12.   Prior to occupancy of an ADU, a business license must be obtained in accordance with Title 5: Business Licenses and Regulations, of the Taylorsville Code of Ordinances and this LDC. An active business license shall be maintained for as long as the ADU exists. Upon sale of the property, the new owner shall be required to secure reauthorization of the ADU by receiving a new business license.

      13.   Application for an ADU shall include evidence of owner occupancy by submitting any two of the following:

         a.   Bank statement (dated within 60 days);

         b.   Court documents;

         c.   Current mortgage or rental contract;

         d.   Major credit card bill (dated within 60 days);

         e.   Property tax notice (statement or receipt dated within one year);

         f.   School transcript (dated within 90 days);

         g.   Utility bill (billing date within 60 days) (cell phone bills will not be accepted); or

         h.   Valid Utah vehicle registration or title.

      14.   The city may record a notice with Salt Lake County to alert the future owner of the regulations for the ADU. The city shall, upon recording the notice, deliver a copy of the notice to the owner of the internal accessory dwelling unit. The notice shall include the following:

         a.   A description of the primary dwelling;

         b.   A statement that the primary dwelling contains an internal accessory dwelling unit; and

         c.   A statement that the internal accessory dwelling unit may only be used in accordance with Taylorsville’s adopted land use regulations.

   C.   Guesthouses:

      1.   A guesthouse requires approval of an administrative conditional use permit in accordance with Chapter 13.33 of the Taylorsville Land Development Code.

      2.   A guesthouse shall only be allowed as an accessory use to a detached single-family dwelling on a lot containing 15,000 or more square feet.

      3.   Only one (1) guesthouse is permitted per lot.

      4.   A guesthouse shall be designed and constructed as to be compatible with the architectural components of the primary dwelling unit, e.g., exterior materials, color, and roof pitch.

      5.   Installation of a separate utility meter to service a guesthouse is prohibited.

      6.   Establishing a separate mailing address for a guesthouse is prohibited.

      7.   The design and size of the accessory structure shall conform to all applicable Building, Fire, and Health Codes. The applicant shall obtain all necessary building permits prior to construction of the guesthouse.

      8.   A minimum of one (1) off-street vehicle parking space is required for a guesthouse. This space shall be in addition to those required for the primary dwelling and shall comply with the City’s parking standards.

      9.   A guesthouse shall be at least ten feet (10') from the side and rear property lines and six feet (6') from the primary dwelling unit. If a guesthouse is attached to an existing accessory structure, the living space of the guesthouse shall be at least ten feet (10') from the property line.

      10.   A guesthouse may be located within the rear yard or side yard, provided that it is located behind the front plane of the primary dwelling (see figure 1 of this section). If the guesthouse is located within the side yard, the side yard setback shall be the same as the minimum setback for the primary dwelling in the zoning district in which it is located.

   FIGURE 1
   SETBACKS AND NO BUILD AREAS
   (LOCATION)

      11.   The area of the guesthouse may not exceed 75 percent (75%) of the footprint area of the primary dwelling and have no more than one bedroom. This square footage will be considered part of the allowable square footage for the respective zoning district for accessory structures.

      12.   A guesthouse shall be limited to a single story. Basements shall not be allowed within a guesthouse.

      13.   A guesthouse may contain a full kitchen.

      14.   A site plan and architectural elevations shall be submitted to the Community Development Department to determine compliance with the requirements herein prior to approval of an administrative conditional use. The site plan shall be drawn to scale, clearly showing the location of all existing and proposed structures, walls, parking, driveways, and walkways.

      15.   Existing accessory structures may be converted to a guesthouse provided that the proposed guesthouse complies with all development code standards and the adopted building codes. The number of required off street parking stalls shall not be eliminated with the conversion of an accessory garage.

      16.   Applicants for guesthouses shall provide an affidavit, sworn before a notary public, stating that the owner of the property (titleholder) lives in the primary dwelling unit as their permanent residence and that the guesthouse may only be used for guests and shall not be rented. Upon approval of the administrative conditional use permit, the affidavit shall be recorded with Salt Lake County against the property to alert the future owner of the regulations for the guesthouse. Upon sale of the property, the new owner shall be required to sign and record a new affidavit and secure reauthorization of the ADU by receiving a new administrative conditional use permit. (Ord. 14-06, 4-16-2014; amd. Ord. 21-13, 9-15-2021)

   A.   Purpose And Intent: The city recognizes the benefits of permitting accessory structures on residential properties within the city. Accessory structures can improve property values, enhance living conditions, and make properties more useful. In its desire to protect the health, safety and welfare of its residents, the city deems it necessary to regulate the location, height, design and size of accessory structures within all residential zoning districts to assure, among other considerations, that a proposed accessory structure is properly sized for the lot and surrounding neighborhood, that its setbacks from lot lines are appropriate, and that it does not adversely affect neighboring properties.

   B.   Building Permit Required: Any resident or property owner that desires to construct a residential or agricultural accessory structure that contains more than two hundred (200) square feet of floor area, or more than one story, shall submit a building permit application to the Taylorsville building department for consideration. All accessory buildings must meet all construction standards and fire rating requirements of applicable codes.

   C.   Applicability: This chapter shall be applicable to all R-1 (single-family), R-2 (two-family), RM (residential multi-family) zones, and other properties containing residential uses in all other zones with the exception of dwellings located in MU (mixed use) and TND (traditional neighborhood development) zones. Standards for accessory structures in mixed use, traditional neighborhood development, and all other nonresidential uses in nonresidential zones shall be determined by the provisions of the applicable development standards. Existing accessory structures legally constructed that are made noncompliant with the adoption of this chapter shall be considered legal nonconforming structures and subject to all applicable codes for nonconforming uses and structures in chapter 13.02 of this title.

   D.   General Requirements:

      1.   Any accessory structure located closer than five feet (5') to any property line shall meet all applicable building codes for fire rated walls.

      2.   No accessory structure or group of accessory structures shall cover more than twenty five percent (25%) of the yard area (rear yard, side yard, etc.) in which they are located, unless specifically allowed by the provisions of this chapter.

      3.   Accessory structures may not be located closer than six feet (6') to any other building, including the main building or other accessory structures on the same or adjacent properties. Eave projections shall not encroach more than four inches (4") into the setback area. Setback areas shall be kept free of weeds, trash and debris.

      4.   If an accessory structure is partially located in both a rear and side yard, the entire structure is deemed to be within the side yard and must comply with all applicable regulations for construction of an accessory structure located within a side yard.

      5.   Any accessory structure that may be used for habitable space shall conform to the provisions of section 13.11.010, "Accessory Apartments, Extended Living Areas, And Guesthouses", of this chapter.

      6.   All storm drainage from an accessory structure shall be contained on the same lot where it is located.

      7.   Exterior building materials for accessory buildings should use as a minimum standard aluminum or vinyl siding, facia, and soffit. Other acceptable materials include: brick, stone, stucco, cement fibrous board, exterior grade wood siding, wood trim, and other similar products. Generally, colors and materials of an accessory building should be compatible with the colors and materials of the main building. Some accessory structures based on their height or size are deemed conditional uses and subject to architectural design standards.

      8.   Accessory structures used for the keeping of livestock shall not be constructed closer than fifty feet (50') to any street, dwelling unit, or to any property line and one hundred feet (100') to any neighboring dwelling unit.

      9.   No accessory structure shall be constructed or established on a parcel unless there is a principal dwelling or building previously constructed, or being constructed, on the same parcel of land.

      10.   Separate meter connections for electricity, water, sewer, or gas utilities are not permitted for accessory structures.

      11.   Accessory buildings shall not encroach upon any easement or right of way without proper written release or acknowledgment from all utility and drainage easement holders. Copy of such release/acknowledgment shall be presented at time of building permit application. Release of use of the easement does not remove any other requirements as stated in this code.

   FIGURE 1

   FRONT, SIDE, AND REAR YARD ILLUSTRATION

 

   FIGURE 2

   INTERIOR LOT SETBACKS

 

   FIGURE 3

   CORNER LOT SETBACKS

   E.   Standards For Parcels Measuring Less Than Fifteen Thousand Square Feet: Accessory structures for single-family and two- family residential properties on lots measuring less than fifteen thousand (15,000) square feet shall meet the following requirements:

      1.   Structures located in a rear yard of an interior lot (see figure 1 of this section):

         a.   Allowed as a permitted use:

            (1)   Maximum Height: Sixteen feet (16').

            (2)   Maximum Area: The maximum area for all accessory structures located in the rear yard combined shall be twenty five percent (25%) of the rear yard area. The maximum area for any one accessory structure shall be five hundred seventy six (576) square feet.

            (3)   Setbacks (See Figure 2 Of This Section):

               (A)   Accessory structures: Shall be a minimum of six feet (6') from a main building/dwelling.

               (B)   Rear and side setbacks: Three feet (3') minimum from the accessory structure to the property line. Any accessory structure located closer than five feet (5') to any property line shall meet all applicable building codes for fire rated walls.

         b.   Allowed as an administrative conditional use:

            (1)   Maximum Height: Twenty feet (20').

            (2)   Maximum Area: The maximum area for all accessory structures located in the rear yard combined shall be twenty five percent (25%) of the rear yard area.

            (3)   Setbacks (See Figure 2 Of This Section):

               (A)   Accessory structures: Shall be a minimum of six feet (6') from a main building/dwelling.

               (B)   Rear and side setbacks: Three feet (3') minimum from the accessory structure to the property line. Any accessory structure located closer than five feet (5') to any property line shall meet all applicable building codes for fire rated walls.

            (4)   Design Standards: As a conditional use, accessory structures are subject to higher design standards. Accessory structures shall be architecturally compatible with the main structure and shall be subject to a design review, which may include, without limitation, review of height, size, roof pitch, location, exterior colors and materials.

      2.   Structures located in a side yard of an interior lot, or within the interior side yard of a corner lot (see figure 1 of this section):

         a.   Allowed as a permitted use:

            (1)   Maximum Height: Twelve feet (12').

            (2)   Maximum Area: The maximum area for all accessory structures located in the side yard combined shall be twenty five percent (25%) of the side yard area. The maximum area for any one accessory structure shall be two hundred (200) square feet.

            (3)   Setbacks (See Figures 2 And 3 Of This Section):

               (A)   Accessory structures: Shall be a minimum of six feet (6') from a main building/dwelling.

               (B)   Side and rear setbacks: Three feet (3') minimum from the accessory structure to the property line. Any accessory structure located closer than five feet (5') to any property line shall meet all applicable building codes for fire rated walls.

               (C)   Front setback: Accessory structures shall be located a minimum of ten feet (10') behind the front of the main building/dwelling.

         b.   Allowed as an administrative conditional use:

            (1)   Maximum Height: Sixteen feet (16').

            (2)   Maximum Area: The maximum area for all accessory structures located in the side yard combined shall be twenty five percent (25%) of the side yard area.

            (3)   Setbacks (See Figure 2 Of This Section):

               (A)   Accessory structures: Shall be a minimum of six feet (6') from a main building/dwelling.

               (B)   Side and rear setbacks: Three feet (3') minimum from the accessory structure to property line. Any accessory structure located closer than five feet (5') to any property line shall meet all applicable building codes for fire rated walls.

               (C)   Front setback: Accessory structures shall be located a minimum of ten feet (10') behind the front of the main building/dwelling.

            (4)   Design Standards: As a conditional use, accessory structures are subject to higher design standards. Accessory structures shall be architecturally compatible with the main structure and shall be subject to a design review, which may include, without limitation, review of height, size, roof pitch, location, exterior colors and materials.

      3.   Structures located in a rear yard of a corner lot (see figure 1 of this section):

         a.   Allowed as a permitted use:

            (1)   Maximum Height: Sixteen feet (16').

            (2)   Maximum Area: The maximum area for all accessory structures located in the rear yard combined shall be twenty five percent (25%) of the rear yard area. The maximum area for any one accessory structure shall be five hundred seventy six (576) square feet.

            (3)   Setbacks (See Figure 3 Of This Section):

               (A)   Accessory structures: Shall be a minimum of six feet (6') from a main building/dwelling.

               (B)   Rear setback: Three feet (3') minimum from the accessory structure to the property line. Any accessory structure located closer than five feet (5') to any property line shall meet all applicable building codes for fire rated walls.

               (C)   Side setbacks: Three feet (3') minimum from the accessory structure to the interior side property line and ten feet (10') from the street side property line. Any accessory structure located closer than five feet (5') to any property line shall meet all applicable building codes for fire rated walls.

         b.   Allowed as an administrative conditional use:

            (1)   Maximum Height: Twenty feet (20').

            (2)   Maximum Area: The maximum area for all accessory structures located in the rear yard combined shall be twenty five percent (25%) of the rear yard area.

            (3)   Setbacks (See Figure 3 Of This Section):

               (A)   Accessory structures: Shall be a minimum of six feet (6') from a main building/dwelling.

               (B)   Rear setback: Three feet (3') minimum from the accessory structure to the property line. Any accessory structure located closer than five feet (5') to any property line shall meet all applicable building codes for fire rated walls.

               (C)   Side setbacks: Three feet (3') minimum from the accessory structure to the interior side property line and ten feet (10') from the street side property line. Any accessory structure located closer than five feet (5') to any property line shall meet all applicable building codes for fire rated walls.

            (4)   Design Standards: As a conditional use, accessory structures are subject to higher design standards. Accessory structures shall be architecturally compatible with the main structure and shall be subject to a design review, which may include, without limitation, review of height, size, roof pitch, location, exterior colors and materials.

   F.   Standards For Parcels Measuring Fifteen Thousand Square Feet Or More: Accessory buildings for single-family and two-family residential properties on lots measuring fifteen thousand (15,000) square feet or more shall meet the following requirements:

      1.   Structures located in a rear yard of an interior lot (see figure 1 of this section):

         a.   Allowed as a permitted use:

            (1)   Maximum Height: Twenty feet (20').

            (2)   Maximum Area: The maximum area for all accessory structures located in the rear yard combined shall be twenty five percent (25%) of the rear yard area. The maximum area for any one accessory structure shall be eight hundred sixty four (864) square feet.

            (3)   Setbacks (See Figure 2 Of This Section):

               (A)   Accessory structures: Shall be a minimum of six feet (6') from a main building/dwelling.

               (B)   Rear and side setbacks: Three feet (3') minimum from the accessory structure to the property line. Any accessory structure located closer than five feet (5') to any property line shall meet all applicable building codes for fire rated walls.

         b.   Allowed as an administrative conditional use:

            (1)   Maximum Height: Twenty four feet (24').

            (2)   Maximum Area: The maximum area for all accessory structures located in the rear yard combined shall be twenty five percent (25%) of the rear yard area.

            (3)   Setbacks (See Figure 2 Of This Section):

               (A)   Accessory structures: Shall be a minimum of six feet (6') from a main building/dwelling.

               (B)   Side and rear setbacks: Three feet (3') minimum from the accessory structure to the property line. Any accessory structure located closer than five feet (5') to any property line shall meet all applicable building codes for fire rated walls.

            (4)   Design Standards: As a conditional use, accessory structures are subject to higher design standards. Accessory structures shall be architecturally compatible with the main structure and shall be subject to a design review, which may include, without limitation, review of height, size, roof pitch, location, exterior colors and materials.

      2.   Structures located in a side yard of an interior lot, or within the interior side yard of a corner lot (see figure 1 of this section):

         a.   Allowed as a permitted use:

            (1)   Maximum Height: Sixteen feet (16').

            (2)   Maximum Area: The maximum area for all accessory structures located in the rear yard combined shall be twenty five percent (25%) of the rear yard area. The maximum area for any one accessory structure shall be eight hundred sixty four (864) square feet.

            (3)   Setbacks (See Figures 2 And 3 Of This Section):

               (A)   Accessory structures: Shall be a minimum of six feet (6') from a main building/dwelling.

               (B)   Side and rear setbacks: Three feet (3') minimum from the accessory structure to the property line. Any accessory structure located closer than five feet (5') to any property line shall meet all applicable building codes for fire rated walls.

               (C)   Front setback: Accessory structures shall be located a minimum of ten feet (10') behind the front of the main building/dwelling.

         b.   Allowed as an administrative conditional use:

            (1)   Maximum Height: Twenty feet (20').

            (2)   Maximum Area: The maximum area for all accessory structures located in the rear yard combined shall be twenty five percent (25%) of the rear yard area.

            (3)   Setbacks (See Figures 2 And 3 Of This Section):

               (A)   Accessory structures: Shall be a minimum of six feet (6') from a main building/dwelling.

               (B)   Side and rear setbacks: Three feet (3') minimum from the accessory structure to the property line. Any accessory structure located closer than five feet (5') to any property line shall meet all applicable building codes for fire rated walls.

               (C)   Front yard setback: Accessory structures shall be located a minimum of ten feet (10') behind the front of main building/dwelling.

            (4)   Design Standards: As a conditional use, accessory structures are subject to higher design standards. Accessory structures shall be architecturally compatible with the main structure and shall be subject to a design review, which may include, without limitation, review of height, size, roof pitch, location, exterior colors and materials.

      3.   Structures located in a rear yard of a corner lot (see subsection D, figure 1 of this section):

         a.   Allowed as a permitted use:

            (1)   Maximum Height: Twenty feet (20').

            (2)   Maximum Area: The maximum area for all accessory structures located in the rear yard combined shall be twenty five percent (25%) of the rear yard area. The maximum area for any one accessory structure shall be eight hundred sixty four (864) square feet.

            (3)   Setbacks (See Subsection D, Figure 3 Of This Section):

               (A)   Accessory structures: Shall be a minimum of six feet (6') from a main building/dwelling.

               (B)   Rear setback: Three feet (3') minimum from the accessory structure to the property line. Any accessory structure located closer than five feet (5') to any property line shall meet all applicable Building Codes for fire rated walls.

               (C)   Side setbacks: Three feet (3') minimum from the accessory structure to the interior side property line and ten feet (10') from the street side property line. Any accessory structure located closer than five feet (5') to any property line shall meet all applicable Building Codes for fire rated walls.

         b.   Allowed as an administrative conditional use:

            (1)   Maximum Height: Twenty four feet (24').

            (2)   Maximum Area: The maximum area for all accessory structures located in the rear yard combined shall be twenty five percent (25%) of the rear yard area.

            (3)   Setbacks (See Subsection D, Figure 3 Of This Section):

               (A)   Accessory structures: Shall be a minimum of six feet (6') from a main building/dwelling.

               (B)   Rear setback: Three feet (3') minimum from the accessory structure to the property line. Any accessory structure located closer than five feet (5') to any property line shall meet all applicable Building Codes for fire rated walls.

               (C)   Side setbacks: Three feet (3') minimum from the accessory structure to the interior side property line and ten feet (10') from the street side property line. Any accessory structure located closer than five feet (5') to any property line shall meet all applicable Building Codes for fire rated walls.

            (4)   Design Standards: As a conditional use, accessory structures are subject to higher design standards. Accessory structures shall be architecturally compatible with the main structure and shall be subject to a design review, which may include, without limitation, review of height, size, roof pitch, location, exterior colors and materials. (Ord. 16-18, 12-14-2016)

   A.   Purpose: This section is established to provide regulations for animals within residential neighborhoods. Animal permits are not transferable and are subject to review upon substantiated and unresolved complaint.

   B.   Submitting Information: Prior to the issuance of any animal permit, the applicant shall submit the following information:

      1.   A completed signed application and affidavit.

      2.   Appropriate fee.

      3.   A site plan showing the exact location of any required animal enclosure.

      4.   A photograph or illustration with measurements of the proposed animal enclosure.

      5.   Documentation that all household pets are vaccinated.

      6.   If required, documentation that all household pets are rendered sterile.

   C.   Farm Animals:

      1.   Designation Of Appropriate Zone Districts: Farm animals are allowed in any R-1-40 Residential District.

      2.   Ratio Of Animals To Lot Size For Farm Animals:

         a.   Large animals may be kept at a ratio of two (2) animals for each one acre of lot size (not less than 40,000 square feet).

         b.   Medium animals may be kept at a ratio of five (5) animals for each one acre of lot size (not less than 40,000 square feet).

         c.   Small animals may be kept at a ratio of fifty (50) animals for each one acre of lot size (not less than 40,000 square feet).

         d.   Vietnamese potbellied pigs may be permitted with a hobby permit issued by the City and shall comply with all requirements of the hobby license provisions for Vietnamese potbellied pigs. Vietnamese potbellied pigs may be kept at a ratio of one animal per twenty thousand (20,000) square feet, with a maximum of two (2) potbellied pigs per lot.

   D.   Household Pets: No more than two (2) adult dogs or cats, of either species and no more than a total of four (4) dogs, cats, or Vietnamese potbellied pigs in any combinations on a nonnuisance basis for family use only (noncommercial) are allowed. Exceptions are allowed only with approval of a fancier's permit, animal hobby permit, foster animal permit, dangerous animal permit, guard dog permit, exotic animal permit, and feral cat colony permit, and must comply with the provisions of title 8, chapter 8.12 of the Taylorsville Code.

   E.   Backyard Chickens: Persons may keep backyard chickens on single-family owner occupied residential lots in accordance with the provisions of section 8.12.140 of the Taylorsville Code.

   F.   Outdoor Animal Domicile Structures: Partially enclosed and/or roofed structures, e.g., barns, corrals, cages, pens, coops, kennels, and runs, etc., are encouraged to be provided and maintained for all animals kept outdoors. Such structures shall be sited at the rear of the main dwelling and at least thirty feet (30') from neighboring dwellings and comply with all other setback and yard regulations for accessory structures. The facilities shall be placed in compliance with all animal regulations, noise and nuisance regulations, and Salt Lake County Health Department regulations and procedures, with the following exceptions:

      1.   All dog kennels and dog runs must be set back at least ten feet (10') from the property line and at least forty feet (40') from all neighboring dwellings.

      2.   For properties no less than forty thousand (40,000) square feet, the Director may allow an outdoor animal domicile structure for farm animals to be constructed prior to construction of a main dwelling under the following conditions:

         a.   The structure complies with all accessory structure setbacks, height, and size standards.

         b.   The structure is in scale and character with other accessory buildings located within 0.50 mile of the property.

         c.   That an agreement be recorded against the property that the structure will be relocated or removed as necessary to comply with setback standards upon additional development of the property, e.g., construction of the main dwelling, subdivision, etc.

Note: This section applies only to those animal facilities placed outside the main dwelling unit. This regulation does not apply to any location within the interior of the home including the garage or other attached interior space.

      3.   All chicken coops must meet the setback requirements of section 8.12.140 of the Taylorsville Code. (Ord. 18-26, 10-17-2018)

   A.   Purpose:

      1.   Provide an opportunity for home occupations as an accessory use when they are compatible with the neighborhoods in which they are located.

      2.   Provide an opportunity for a home occupation to engage in the business of childcare and other group child activities and encourage this type of home occupation to draw clients/customers from their immediate neighborhood.

      3.   Guide business activities which are not compatible with neighborhoods to appropriate nonresidential zoning districts.

      4.   Safeguard peace, quiet, and domestic tranquility within all residential neighborhoods. Protect residents from the adverse effects of business uses being conducted in residential areas from noise, nuisance, traffic, fire hazards, and other possible business uses that create significant impacts on a neighborhood.

      5.   Provide a means to enforce and regulate the businesses that are licensable through the authority of the business license regulations of the applicable ordinances, and if necessary, terminate home occupations if violations of the ordinances regulating home occupations occur.

   B.   Review Procedure.

      1.   The Director is the approval authority for a home occupation; however, if the Director determines the application is unusually complex, requires greater scrutiny or public involvement, or raises potentially unique or serious impacts on the City or the surrounding development and/ or neighborhood( s), the Director may refer the application to the Planning Commission for decision in accordance with the nonadministrative conditional use procedure established in Chapter 13.33.

      2.   If the Director refers the application to the Planning Commission. the Director shall notify the applicant in writing and include an explanation of why the application has been referred to the Planning Commission.

      3.   If the Director refers the application to the Planning Commission, a notice for a public hearing shall be provided in accordance with Section 13.35.090.

   C.   General Standards. All Home occupations shall operate in accordance with the following requirements:

      1.   Licensing and Number.

         a.   Home occupations shall only operate after receiving a home occupation business license from the City, in accordance with Title 5: Business Licenses and Regulations.

         b.   No more than two home occupations shall be allowed per dwelling unit.

         c.   No more than one home-based microschool, residential child day care, residential preschool, high-impact residential instruction, or home occupation including a business vehicle or trailer shall be allowed per lot or parcel.

         d.   Home occupations shall remain compliant with all applicable statutes, rules and regulations.

         e.   Home occupations shall not be licensed, approved, or conducted without the written consent of the property owner.

         f.   A home occupation license granted by the City shall not be assignable or transferable to another person or another location.

         g.   Home occupations are subject to review upon complaint. If a complaint is received by the City, the home occupation will be reviewed for compliance with applicable ordinances and conditions of approval.

      2.   Location and Proximity. Home-based microschools, residential child day cares, residential preschools, and high-impact residential instruction home occupations are subject to the following standards:

         a.   Shall only be allowed in an attached or detached single-family dwelling that:

            (1)   Has a privately fenced rear yard area for the sole and exclusive use of the residents of the lot or parcel on which the home occupation is situated; and

            (2)   Fronts on a public or private street with a minimum pavement width of 25 feet that has curb, gutter, and sidewalk; and

            (3)   The minimum 25-foot pavement width and curb, gutter, and sidewalk extends from the home occupation lot or parcel to the nearest through street with those same improvements.

         b.   Shall not be permitted on a flag lot.

         c.   Shall not be permitted on a lot or parcel with an accessory dwelling unit (ADU).

         d.   Shall not be located within 300 feet of another actively licensed:

            (1)   Home-based microschool;

            (2)   Residential child day care;

            (3)   Residential preschool; or

            (4)   High-impact residential instruction.

         This distance shall be measured in a straight line from the nearest property line. This standard does not apply if the properties are bisected by a freeway or principal arterial street, as identified in the Taylorsville General Plan.

      3.   Operational.

         a.   Home occupation activity shall be clearly incidental to the residential dwelling. No more than 50 percent of the total floor area of any dwelling unit shall be used for the home occupation.

         b.   The outside appearance and architecture of the dwelling shall not be modified to accommodate or promote a home occupation.

         c.   Home occupations shall be conducted entirely within the dwelling. Garages and accessory buildings shall not be used for home occupations except for the parking of approved business vehicles or trailers.

         d.   No storage of merchandise, equipment, supplies, or materials shall occur outside of the home and shall not be visible from outside of the dwelling. Explosive or combustible materials shall not be stored or used in association with a home occupation.

         e.   Delivery of commodities used in connection with the home occupation shall be provided by parcel or letter carrier service only.

         f.   Activities associated with the home occupation shall not produce traffic, light, glare, noise, fumes, odor, or vibration that will diminish the residential character of the neighborhood.

         g.   Unless otherwise authorized by the decision-making authority, home occupations shall not be conducted after 08:00 P.M. or before 6:00 A.M.

         h.   Employees that do not reside on-site are prohibited, except for residential child day cares which may have one nonresident employee. Off-site employees may visit the residence in accordance with § 13.11.040(C)(4): On-Site Visits.

         i.   Property address numbers a minimum of four inches in height that are a contrasting color from the primary dwelling shall be maintained on the dwelling unit.

      4.   Vehicles and Trailers.

         a.   Only one vehicle may be used in association with a home occupation.

         b.   Vehicles and trailers used in association with a home occupation must be parked in an approved off-street parking location and shall not encroach or overhang on any sidewalk or pedestrian way.

         c.   The number of off-street parking spaces must be sufficient for both the residents of the home and the vehicle and/or trailer used in association with a home occupation.

         d.   The size of a vehicle used in association with a home occupation shall not exceed a 10,000-pound gross vehicle weight rating and have no more than two axles.

         e.   Tow trucks, tanker trucks, box vans, delivery vans, and similar vehicles are prohibited and shall not be parked on-site. Such vehicles may be located off-site in an approved storage location.

         f.   Only one trailer with no more than two axles may be used in association with a home occupation.

         g.   The maximum body length of an enclosed trailer is 20 feet. The maximum body length of an open trailer is 16 feet. For purposes of this standard, trailer length does not include the trailer tongue.

         h.   Auto transport trailers designed to transport more than one vehicle or that exceed the body length requirements are prohibited and shall not be parked on-site. Such trailers may be located off-site in an approved storage location.

      5.   On-Site Visits. Clients, customers, and/or patrons may visit the home occupation in accordance with the following requirements:

         a.   Direct retail sales from the residence is prohibited. Products purchased online may be picked up on-site.

         b.   Unless otherwise provided in this LDC, the number of off-street parking spaces at the residence must be sufficient for the residents of the home and any clients, customers, patrons, or others visiting the home occupation.

         c.   Except for home-based microschools, residential child day care, residential preschools, and residential instruction, home occupations shall have no more than two business-related visitors per hour.

         d.   For home-based microschools, residential child day care, residential preschools, and residential instruction, drop-off and pick-up shall not occur in the public right-of-way.

   D.   Residential Child Day Care. Residential child day care may be offered as a home occupation in accordance with the standards in this Section 13.11.040, and the following:

      1.   Residential child day care means a home occupation that provides care for between five and 12 qualified children at any given time, as defined in Utah Code § 26B-2-4. The designated number of children includes the caregiver’s own children that meet the state’ s definition of “qualified children,” at the time the home occupation is conducted.

      2.   A secure outdoor play area is required for all residential child day care home occupations and shall comply with the following:

         a.   The play area shall be located in the rear and/or side yard of the dwelling.

         b.   The play area shall be secured by a well-maintained fence that is at least six feet in height with a self-latching gate.

         c.   The outdoor play area shall be maintained in good condition and be finished and landscaped to include ground covers, paving, or other surfaces that do not pose a risk to children.

         d.   The outdoor play area shall not be used by the residential child day care before 8:00 A.M. or after 8:00 P.M.

   E.   Residential Preschools. Residential preschools may be offered as a home occupation in accordance with the standards in this Section 13.11.040, and the following:

      1.   A residential preschool is a home occupation providing care and instruction, whether or not for compensation, of 12 or fewer children including the caregiver’s own children under the age of six and not in full day school, prior to entrance into kindergarten.

      2.   A maximum of 12 children per session is allowed. A single session shall not exceed four consecutive hours per day and individuals shall not attend more than one session per day.

      3.   Instructor licensing and curriculum requirements shall comply with the requirements of the State of Utah, as applicable.

   F.   Residential Instruction. Residential instruction may be offered as a home occupation in accordance with the standards in this Section 13.11.040, and the following:

      1.   Residential instruction is a home occupation providing instruction (e. g., dance lessons, music lessons, martial arts lessons, or other instruction for children that is artistic in nature), whether or not for compensation, of children under the age of 18 years old. Residential instruction does not include residential child day care or residential preschools as defined in this Title.

      2.   Low-Impact Residential Instruction. Low-impact residential instruction is the instruction of four or fewer children at any given time.

      3.   High-Impact Residential Instruction.

         a.   High-impact residential instruction is the instruction of five or more children at any given time.

         b.   A maximum of 12 children per session is allowed. A single session shall not exceed four consecutive hours per day and individuals shall not attend more than one session per day.

   G.   Home-Based Microschool:

      1.   A home-based microschool is not subject to additional occupancy requirements beyond occupancy requirements that apply to a primary dwelling, except that the home-based microschool shall have enough space for at least 35 net square feet per student.

      2.   If a floor that is below grade in a home-based microschool is used for home-based microschool purposes, the below grade floor of the home-based microschool shall have at least one emergency escape or rescue window that complies with the requirements for emergency escape and rescue windows as defined by the International Residential Code (IRC).

      3.   The minimum number of off-street vehicle parking spaces required for a home-based microschool is one space per non-resident employee, plus one additional space beyond those required to serve the primary dwelling.

      4.   Each room used for the home-based microschool shall have a carbon monoxide and smoke detector.

      5.   A secure outdoor play area is required for all home-based microschools and shall comply with the following:

         a.   The play area shall be located in the rear and/or side yard of the dwelling.

         b.   The play area shall be secured by a well-maintained fence that is at least six feet in height with a self-latching gate.

         c.   The outdoor play area shall be maintained in good condition and be finished and landscaped to include ground covers, paving, or other surfaces that do not pose a risk to children.

         d.   The outdoor play area shall not be used by the home-based microschool before 8:00 A.M. or after 8:00 P.M.

   H.   Home Occupations Not Allowed: The following uses are not allowed as home occupations:

      1.   Any use that requires or utilizes chemicals or hazardous materials in excess of volumes allowed by the International Fire Code in a residential setting.

      2.   Auto body or fender work.

      3.   Auto, truck, diesel, boat, trailer, or motorcycle repair or services at the residence.

      4.   Furniture or cabinet making.

      5.   Junkyards, storage or recycling yards.

      6.   Lawn mower, small engine or motor repair or services.

      7.   Major appliance repair (washers, dryers, refrigerators, etc.).

      8.   Manufacture or sale of explosives or similar products.

      9.   Medical clinics and laboratories.

      10.   Mortuaries or crematoriums.

      11.   Reiki type therapy.

      12.   Sexually oriented businesses.

      13.   Short term rental.

      14.   Vehicle sales or rental exceeding one on-site vehicle at any given time.

      15.   Vehicle towing or impound operations.

      16.   Welding or ironworks.

      17.   Any other use that would produce traffic, light, glare, noise, fumes, odor or vibration that will diminish the residential character of the neighborhood.

   I.   Exceptions: Notwithstanding anything herein to the contrary, a home occupation is not required for the following activities:

      1.   Garage and yard sales. Refer to section 13.11.130 of this chapter.

      2.   Temporary social gathering sales that do not exceed one day, such as Tupperware parties, book parties, candle parties, etc., not to exceed four (4) occurrences per year. (Ord. 15-06, 11-4-2015; amd. Ord. 23-02, 2-15-2023; Ord. 24-05, 8-21-2024)

Manufactured homes are a permitted land use. All manufactured homes shall install a concrete foundation wall around the perimeter of the structure. Such structures shall also include a required two car garage (attached or detached) prior to occupancy of the structure. (Ord. 18-26, 10-17-2018)

No mobile home shall be placed, used, or occupied except within the Mobile Home (MH) zoning designation, approved mobile home subdivisions, mobile home communities, or mobile home sales lots. (Ord. 18-26, 10-17-2018)

   A.   Purpose: The purpose of this section is to comply with Utah Code and avoid discrimination in housing against persons with disabilities pursuant to the Utah Fair Housing Act and the Federal Fair Housing Act as interpreted by courts whose decisions are binding in Utah. This section is not a separate zone for such facilities but applies to all Residential Zones within the City. If any facility, residence, congregate living, or other housing arrangement meets the definition of a "residential facility for elderly persons" or a "residential facility for persons with a disability" as set forth in this title, the requirements of this section shall govern the same notwithstanding any conflicting provision of this title or the revised ordinances of the City. Except as provided herein, the requirements of this section shall not be construed to prohibit or limit other applicable provisions of this title, the revised ordinances of the City, or other local, County, State, or Federal laws.

   B.   Scope: If any facility, residence, congregate living or other housing arrangement meets the definition of a "residential facility for elderly persons" or a "residential facility for persons with a disability" as set forth in this title, the requirements of this section shall govern the same notwithstanding any conflicting provision of this title or the Taylorsville Code. The requirements of this section shall not be construed to prohibit or limit other applicable provisions of this title, the Taylorsville Code, or other laws.

   C.   Notice Of Intent:

      1.   Prior to submitting an application to the Utah Department of Human Services, Office of Licensing, for a license to operate a residential treatment program, as defined in Utah Code section 62A-2-101, as amended, the applicant shall provide notice to the Mayor, with a copy to the Community Development Director, of its intent to operate the program.

      2.   The notice of intent shall include the following information relating to the residential treatment program:

         a.   An accurate description of the residential treatment program;

         b.   The location where the residential treatment program will be operated;

         c.   The services that will be provided by the residential treatment program;

         d.   The type of clients that the residential treatment program will serve;

         e.   The category of license for which the residential treatment program is applying;

         f.   The name, telephone number, and address of a person that may be contacted to make inquiries about the residential treatment program; and

         g.   Any other information that the Utah Department of Human Services may require by administrative rule.

   D.   Permitted Uses; Termination:

      1.   Permitted Uses: Notwithstanding any contrary provision of this title, a residential facility for elderly persons and a residential facility for persons with a disability shall be permitted uses in any zone where a dwelling is allowed as a permitted or conditional use subject to the development standards in subsection F of this section.

      2.   Termination: A use permitted by this section is nontransferable and shall terminate if:

         a.   The facility is devoted to a use other than a residential facility for elderly persons or a residential facility for persons with a disability.

         b.   Any license or certification issued by the Utah Department of Health or the Department of Human Services for such facility terminates or is revoked.

         c.   The facility fails to comply with requirements set forth in this section.

   E.   Review Process: In order to evaluate the impact of the proposed facility and its similarity to the impact of a single- family dwelling occupied by a family or, where applicable, in multiple-family zones or a multiple-family dwelling, the following information must be submitted with the notice of intent application. Additional information may be requested to aid in that review.

      1.   Sufficiently detailed site plans, building plans, and other information necessary to determine compliance with building, safety, and health regulations and standards applicable to similar residential dwellings permitted in that zone.

      2.   Drawings or photographs depicting the elevations of all sides of all buildings.

      3.   Specific type of facility (as defined by State regulations) and by which agency it is regulated.

      4.   Number of residents, resident and nonresident staff, and expected/typical number of visitors per day.

      5.   Location and number of similar facilities in the vicinity of the proposed facility.

      6.   Type of operation - business, family, eleemosynary, charitable, or beneficial organization.

      7.   Supervision - hours and degree of supervision to be provided.

      8.   Typical or average length of stay of the residents.

      9.   Special accommodation(s), waivers, or exceptions requested or necessary, to extent thereof, and basis for need for the same.

      10.   Location of residences within one thousand feet (1,000') of the proposed site that are similar in scope to the accommodation request.

      11.   Location of any schools within five hundred feet (500') of the property line of the proposed site.

      12.   Dedicated off street parking to accommodate staff.

   F.   Development Standards: The development standards set forth in this section shall apply to any residential facility for elderly persons or residential facility for persons with a disability.

      1.   The facility shall comply with building, safety, and health regulations applicable to similar structures.

         a.   Each facility shall be subject to the same development standards applicable to similar structures located in the same zoning district in which the facility is located.

         b.   The minimum number of parking spaces required for a facility shall be the same as for similar structures located in the same zone in which the facility is located.

      2.   Pursuant to the definition of "family" in section 13.36.070 of this title, not more than three (3) unrelated persons shall occupy a residential facility for elderly persons or any residential facility for persons with a disability established in a dwelling unit unless a reasonable accommodation for a greater number of occupants is granted.

      3.   No facility shall be made available to an individual whose tenancy would:

         a.   Constitute a direct threat to the health or safety of other individuals, or

         b.   Result in substantial physical damage to the property of others.

      4.   Prior to occupancy of any facility, the person or entity operating the facility shall:

         a.   Obtain a City business license, if required under applicable provisions of this Code;

         b.   Provide to the Community Development Director a copy of any license or certification required by the Utah Department of Health or Department of Human Services; and

         c.   Certify in a sworn statement that no person will reside or remain in the facility whose tenancy would:

            (1)   Constitute a direct threat to the health or safety of other individuals; or

            (2)   Result in substantial physical damage to the property of others. (Ord. 12-15, 7-11-2012)

   G.   Accommodation:

      1.   Accommodation Required: None of the requirements of this section shall be interpreted to limit any accommodation which is reasonable and necessary to allow the establishment or occupancy of a residential facility for persons with a disability.

      2.   Application: Any person or entity wanting an accommodation shall make application to the Planning Commission and shall articulate in writing the nature of the requested accommodation and the basis for the request.

      3.   Appeal: If an accommodation request is denied, the decision may be appealed to the Hearing Officer in the manner provided for appeals of administrative decisions set forth in this title.

      4.   Prohibited Accommodations: The requested accommodation must relate to the use of the property so that it may be enjoyed as other similarly situated properties. An example would include a reduction in setback requirements for the installation of handicapped accessibility improvements. An accommodation cannot be granted to waive a zoning requirement, general setback reduction requests not related to the occupants, increase the profitability of the facility, or increase the maximum number of unrelated occupants above eight (8) plus two (2) additional persons acting as house parents or guardians. (Ord. 18-09, 2-28-2018)

   H.   Reasonable Accommodations: A residential facility for persons with a disability shall not include facilities which house persons who are violent, who are not voluntarily residing therein, or who are residing therein as a part of or in lieu of confinement, rehabilitation, or treatment in a correctional facility.

      1.   None of the requirements of this section shall be interpreted to limit a reasonable accommodation when an accommodation is necessary to afford persons with a disability an equal opportunity to use and enjoy a dwelling.

      2.   Any person or entity wanting a reasonable accommodation shall make application therefor to the Community Development Director and shall state in writing the nature of the requested accommodation and the basis for the request.

      3.   The Planning Commission shall render a decision on each application for a reasonable accommodation within sixty (60) days. The decision shall be based on evidence of record demonstrating all of the following:

         a.   The requested accommodation will not undermine the legitimate purposes of existing zoning regulations notwithstanding the benefit that the accommodation would provide to a person with a disability.

         b.   That but for the accommodation, one or more persons with a disability will be denied an equal opportunity to enjoy housing of their choice.

         c.   That equal results will be achieved as between the person with a disability requesting the accommodation and a nondisabled person.

      4.   Any person adversely affected by a final decision regarding a request for a reasonable accommodation may appeal that decision to the Board of Adjustment. (Ord. 12-15, 7-11-2012)

   A.   Residential Zones: The following standards must be met:

      1.   Drawings: Drawings showing the scale, design, and materials of which the half pipe ramp is to be built. This is to evaluate the noise, vibration, and nuisance impact of the half pipe ramp.

      2.   Description: A written description of the materials and location of all screening to evaluate the half pipe ramp's impact upon and harmony with adjacent properties.

      3.   Lighting: A written description of the scale, location, and direction of all lighting.

      4.   Rules: A set of written rules which will govern the use and operation of the half pipe ramp.

      5.   Affidavit: A written statement that the owner has reviewed all laws, ordinances, and regulations related to half pipe ramp construction and use and a written agreement to comply therewith.

   B.   Development Standards:

      1.   Design: Every proposed half pipe ramp shall be of a scale and design and constructed of materials which will minimize noise, vibration, and other nuisance factors commonly associated with half pipe usage. Portions of the half pipe may be located below ground level, but in no case shall any portion of the half pipe ramp exceed six feet (6') in height above ground level, excluding handrails. Hours of operation shall be from eight o'clock (8:00) A.M. to eight o'clock (8:00) P.M. during standard time, and eight o'clock (8:00) A.M. to nine o'clock (9:00) P.M. during daylight saving time.

      2.   Screening: Walls, fences, hedges, trees, and other screen planting shall be installed sufficient to ensure harmony with adjacent properties and to conceal any unsightly development.

      3.   Lighting: Half pipe ramp lighting shall not be installed more than six feet (6') above ground level and shall be directed in such a manner as to not cause disturbance to neighboring residents.

      4.   Personal Use: No commercial or advertised use of the half pipe ramp shall be permitted, and no donations or contributions shall be solicited or received for use or attendance at half pipe ramp activities.

      5.   Rules: Written rules shall be adopted by property owners to ensure safe and reasonable use and operation of the half pipe ramp.

      6.   Agreement To Comply: Property owners shall review the laws, ordinances, and regulations related to half pipe ramp construction and use and have agreed to comply with such provisions.

      7.   Compliance To Codes: The proposed half pipe ramp shall comply with all pertinent sections of all applicable Building Codes and all zoning requirements, including side and rear yard setbacks and size regulations for accessory structures.

      8.   Penalty: It shall be a Class C misdemeanor for any owner of residential property upon which a half pipe ramp is located to permit the half pipe ramp to be used in violation of any ordinance of the City or any rule or regulation of the Salt Lake Valley Health Department, regardless of whether the property owner had knowledge of the actual violation. (Ord. 18-26, 10-17-2018)

   A.   Private Swimming Pools: Any private swimming pool not completely enclosed within a building having solid walls shall be set back at least five feet (5') from property lines. Any swimming pool shall be completely surrounded by a fence or wall having a height of at least six feet (6'). All fence openings shall be gated and equipped with self-closing and self-latching devices. (Ord. 12-15, 7-11-2012)

   B.   Semiprivate Swimming Pools Exception: A semiprivate swimming pool or recreational facility is allowed only in the zoning districts identified in chapters 13.07, 13.08, 13.09, and 13.10 of this title. The following standards must be met:

      1.   The facilities shall be owned and maintained by the members and a minimum of seventy five percent (75%) of the membership must be residents of the neighborhood or section of the subdivision in which the recreational facility is to be located.

      2.   The area to be used for recreational purposes is of sufficient size to accommodate all proposed facilities, together with off street parking, where required by the Director. A landscaped front yard of not less than thirty feet (30') and a landscaped side yard on both sides and rear of not less than ten feet (10') are required.

      3.   The area to be developed into a recreational area must be of such size and shape as to cause no undue infringement on the privacy of the abutting residential areas and be in keeping with the design of the neighborhood in which the recreational area is to be situated.

      4.   A solid wall or substantial six foot (6') fence shall be required around the entire recreational area. The fence across the front of the property shall be constructed no closer to the front property line than the required front setback, unless otherwise approved by the Director.

      5.   Under no condition may any type of retail or business facilities be permitted in the recreational area except those specifically approved by the Director.

      6.   Before authorizing the recreational facility, complete plans for the development of the area must be submitted to the Director. Together with the plans, there must be submitted a detailed outline showing how the area is to be funded, managed, and maintained. The Director may require a bond by the owners to guarantee performance of the regulations placed as conditions upon which the area is approved. If any of the requirements are not complied with, the authorization will be void.

      7.   The owners of the proposed recreational facility must have a statement from the owners of all abutting properties and at least seventy five percent (75%) of the property owners within a radius of three hundred feet (300') of said development giving permission to develop a recreational facility. Covenants and conditions regulating the use of the facility shall be submitted to the Director and the Salt Lake Valley Health Department for review and approval. (Ord. 18-07, 2-28-2018)

This section is established to provide regulations and site standards for bed and breakfast facilities located within residential Historic Resources Overlay Zones and in designated Commercial Districts as may be allowed through the development review process. Bed and breakfast facilities may be allowed as specified in the respective land use tables (sections 13.07.020 and 13.08.020 of this title) where the applicant can show evidence of compliance with outlined standards and procedures and where there are clearly minimal impacts on adjacent residential properties and neighborhoods.

   A.   Requirements For Approval: The Planning Commission may grant a conditional use for a bed and breakfast facility provided the requirements herein are met. The granting of a conditional use permit for a bed and breakfast facility shall not exempt the applicant from meeting other applicable ordinances, covenants, codes, or laws recognized by the City. The following preconditions and documentation are required:

      1.   A letter of application sworn before a notary public shall be provided by the owner(s) stating that such owner(s) or live-in residential manager will occupy the facility except for bona fide temporary absences.

      2.   Building plans or a floor plan (1/4 inch to the foot) showing the bed and breakfast facility shall be provided.

      3.   The conditional use permit may be revoked by the Planning Commission upon failure in compliance with the conditions precedent to the original approval of the permit or for any violations of this title occurring on the site for which the permit was approved. Prior to taking action concerning revocation of a conditional use permit, a meeting will be held by the granting authority. Notice of the meeting and the grounds for consideration of revocation shall be mailed to the permittee at least ten (10) days prior to the hearing.

   B.   Development Standards And Requirements For Bed And Breakfast Facilities:

      1.   The owner(s) of the property or live-in residential manager shall live within the facility except for bona fide temporary absences.

      2.   The location of a bed and breakfast facility shall have direct access to an arterial or collector through street. Said facility will typically be isolated somewhat from adjoining residential properties and will not unduly increase local traffic in the immediate neighborhood.

      3.   The location of a bed and breakfast facility shall be at least one-fourth (1/4) mile from any other similarly approved facility unless it is determined by the Planning Commission that extraordinary circumstances warrant a shorter distance.

      4.   In no case shall the parcel be less than one-fourth (1/4) acre in size unless it is determined by the Planning Commission that the site is architecturally or historically significant enough to justify a smaller parcel. The parcel shall also be of sufficient size to be in scale with the size of structures, the number of people using the facility, parking areas, open space areas, etc.

      5.   The bed and breakfast facility shall be designed or modified so that, to the degree reasonably feasible, the appearance of the structure remains as a residential dwelling. Where possible, unique architecture is encouraged in keeping with the local area.

      6.   Signage for a bed and breakfast facility shall be low key, identifying the name of the facility without any advertising copy. Natural materials are encouraged for sign construction and should be architecturally compatible with the bed and breakfast facility. Sign size shall be no more than four (4) square feet.

      7.   The Planning Commission may require additional setbacks, buffering, landscaping, and natural setting to mitigate impacts on adjoining residential properties.

      8.   At least one off street parking space shall be provided for each guestroom in addition to needed parking for owners/employees of the facility.

      9.   The design and size of the bed and breakfast facility shall conform to all applicable standards in the Fire, Building, and Health Codes. The facility shall be licensed in conformance with all City ordinances.

      10.   If the bed and breakfast facility is located in the Historic Resources Overlay Zone it must comply with all applicable standards of the Overlay Zone as defined in this Code.

      11.   Any other appropriate or more stringent conditions deemed necessary for bed and breakfast facilities protecting public health, safety, welfare, and the residential character of the neighborhood may be required by the Planning Commission. (Ord. 18-26, 10-17-2018)

   A.   Permitted Locations: Commercial schools (low impact) are allowed according to the commercial and residential land use tables, and all must comply with the following restrictions:

      1.   Access: The proposed use must have direct access to an arterial or major collector street with no access permitted to any minor collector or local street.

      2.   Structure Appearance: The appearance of the structure shall be compatible to other uses within the same zoning district.

      3.   Occupancy: Occupancy shall be limited to no more than two (2) instructors and a total of twenty (20) students at any one time. However, the number of instructors may be increased up to four (4), and/or the number of students may be increased up to a total of thirty (30) students if it is found by the Planning Commission that the site can adequately contain the required parking while still meeting the requirements of subsection A4b of this section and if such allowance does not adversely impact the surrounding neighborhood.

      4.   Required Parking:

         a.   Required parking shall consist of at least one space for each instructor, four (4) visitor spaces, and four (4) queuing spaces.

         b.   In addition, one visitor space is required for every five (5) students or portion thereof allowed beyond the first twenty (20) students.

      5.   Drop Off Area: An on site drop off area shall be provided.

   B.   Commercial School: Any commercial school (low impact) which cannot meet the above criteria must meet the standard location and use allowances for "commercial school" as shown in the land use tables. (Ord. 12-15, 7-11-2012)

   A.   Purpose And Intent: The purpose and intent of the temporary/special use permit is to allow certain uses within the City which are transitory in nature as either accessory or seasonal uses in a manner that will assure compatibility with the zone district and adjacent properties.

   B.   Standards For Temporary/Special Use: A temporary/special use shall comply with the general standards, as provided below, plus any additional conditions as may be established by the City.

      1.   Acceptable space shall be available for any off street parking and traffic circulation generated by the use. Roadside stands for produce or retail sales require curb and gutter and paved or graveled surface on site.

      2.   Sanitary facilities shall be available for waste disposal for protection of community health and safety.

      3.   Night lighting shall be compatible with adjacent uses, shielded and directed downward to avoid light spill onto adjacent properties.

      4.   Hours of operation shall be compatible with adjacent uses.

      5.   Signs must comply with the City adopted sign regulations.

      6.   No use shall be placed in the public right-of-way, display areas shall be limited, and temporary businesses shall comply with the regulations of the Business Licensing Department.

      7.   No more than two (2) temporary/special uses are allowed per site at one time.

      8.   No temporary business or its customer service area shall be located on a landscaped surface or an area required to be landscaped. The director may grant an exception for temporary businesses that will be in operation for less than five (5) days.

   C.   Planning Commission Review: When considered appropriate by the director, a temporary/special use permit may be referred to the planning commission for review.

   D.   Temporary/Special Use Permit Required: A temporary/special use permit and a business license, where applicable, shall be required for the following:

 

   E.   Application For Temporary/Special Use Permit: An application for a temporary/special use permit shall be made to the community development department at least ten (10) business days prior to the date of requested use. The community development department may issue or deny the application for a temporary/special use permit. In authorizing a temporary/special use, the community development department shall impose such requirements and conditions as considered necessary for the protection of adjacent properties and the public safety and welfare in conformance with standards as provided in this section.

      1.   Information Required For Application: An application for a temporary/special use permit shall be accompanied by the following information:

         a.   Description: A written description of the proposed use including requested length of permit and hours of operation.

         b.   Authorization For Use: If the applicant is not the owner of the property, the ownership shall be identified along with evidence of permission of the owner for such temporary/special use to take place.

         c.   Site Review: A vicinity map and plot plan with sufficient information to determine the yard requirements, sanitary facilities, and availability of parking to serve the use.

      2.   Bond Required: Bond requirements are set forth in the city business licensing ordinance.

   F.   Revocation Of Temporary/Special Use Permit:

      1.   The director is empowered to suspend or revoke the temporary/special use permit of any person who violates any of the provisions of this chapter or any of the conditions set forth on their permit.

      2.   If at any time a permit under the provisions of this chapter is suspended or revoked, it shall thereafter be unlawful for any person to operate, open, maintain, manage, or conduct such affected temporary/special use until a new permit is granted. (Ord. 12-26, 10-17-2012)

The following standards shall apply to all garage sales at residences within the city:

   A.   Frequency: There shall be no more than two (2) garage sales at a residence per calendar year. The "calendar year" is defined as January 1 through December 31. Garage sale events must be separated by at least a fourteen (14) day period.

   B.   Duration Of Sale: A garage sale is permitted for a period no longer than forty eight (48) consecutive hours.

   C.   Location Of Garage Sale: The garage sales shall be located at the actual residence of the owner of the materials to be sold. At a neighborhood garage sale event, i.e., three (3) to five (5) neighbors pool their belongings into a super garage sale, the materials must be located at the residence of only one of the participating sellers.

   D.   Goods To Be Sold: The items that are permitted to be sold must be used items from that residence. Items purchased or obtained from other locations with the intent to be resold at a garage sale are prohibited and a violation of this section.

   E.   Temporary Sales: Temporary sales within commercial areas are permitted as regulated elsewhere in this code. (Ord. 12-15, 7-11-2012)

The following standards shall apply to all model homes within the city:

   A.   Location: Model homes are only allowed within city approved and recorded residential developments of five (5) units or more. They must be located on a platted lot or site within the advertised development.

   B.   Duration: Model homes may be operated for no more than two (2) years from first occupancy of a dwelling unit in the development or until the second to last unit is sold within the advertised development, whichever comes first. The director may approve an extension on a case by case basis.

   C.   Construction Standards: Model homes must comply with all standards and conditions of approval for the advertised development including building materials, setbacks, landscaping, etc., and must comply with all applicable residential dwelling standards upon discontinued use as a sales office. (Ord. 12-15, 7-11-2012)

   A.   Purpose Of Provisions: It is the purpose and objective of this section that the city establish reasonable and uniform regulations to prevent the location of sexually oriented businesses in areas deleterious to the city; to regulate the signage of such businesses; and to control the adverse effects of such signage. This section is to be construed as a regulation of time, place and manner of the operation of these businesses, consistent with the limitations provided by provisions of the constitutions of the United States and the state of Utah.

   B.   Definitions: As used in this section:

PUBLIC PARK: A park, playground, swimming pool, or athletic field which is under the control, operation or management of the state, a state agency, a county agency, or a municipality. For purposes of this section, public park does not include golf courses.

RELIGIOUS INSTITUTION: A building which is used primarily for religious worship and related religious activities.

SCHOOL: A public institution of learning or instruction primarily catering to minors, which is accredited as such by the state of Utah. This definition shall include kindergartens, elementary schools, junior high schools, middle high schools, senior high schools, or any special institution of learning under the jurisdiction of the Utah state department of education, but shall not include home occupations represented as schools, trade schools, charm schools, dancing schools, music schools or similar limited schools, nor public or private universities or colleges.

SEXUALLY ORIENTED BUSINESS: Shall have the same meaning as defined in the city's sexually oriented business and employee licensing ordinance.

   C.   Businesses Permitted; Restrictions:

      1.   Sexually oriented businesses shall be permitted only in areas zoned industrial district (ID), subject to the following additional restrictions:

         a.   No sexually oriented business shall be located within six hundred sixty feet (660') from any agricultural or residential zone, public school, public park, or religious institution. The above distance shall be reduced to two hundred fifty feet (250') if the sexually oriented business is separated from any agricultural or residential zone, public school, public park, or religious institution by any principal arterial transportation corridor as identified in the Taylorsville general plan.

         b.   The distance requirements for this section shall be measured in a straight line, without regard to intervening structures, from the nearest property line of the public school, public park, religious institution, agricultural zoning district, or residential zoning district.

      2.   Escort agencies shall be permitted only in the ID zone as an office use only.

   D.   Sign Restrictions: Notwithstanding anything contrary contained in chapter 13.26 of this title, signs for sexually oriented businesses shall be limited as follows:

      1.   No more than one exterior sign shall be allowed;

      2.   No sign shall be allowed to exceed eighteen (18) square feet;

      3.   No animation, flashing or strobing lights, shall be permitted on or around any sign, or on the exterior walls or roof of such premises;

      4.   No merchandise or pictures of the products or entertainment on the premises shall be displayed in window areas or in any area where they can be viewed from the sidewalk in front of the building;

      5.   Only flat signs shall be permitted;

      6.   Painted wall advertising shall not be allowed;

      7.   A one square foot sign may be placed on the door to state hours of operation and admittance to adults only.

   E.   Severability: If any provision or clause of this section or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other sections, provisions, clauses or applications hereof which can be implemented without the invalid provision, clause or application hereof, and to this end the provisions and clauses of this section are declared to be severable. (Ord. 12-15, 7-11-2012)

   A.   Development Standards:

      1.   Location Of Sites: All church sites shall be located adjacent to streets which are a minimum of fifty feet (50') wide. No church shall be located where access is less than the above except for churches which can show that members will come from the local neighborhoods so that traffic impacts are lessened.

      2.   Access: Churches are encouraged to be located where there is access to two (2) streets (corner lots) and are subject to site plan review.

      3.   Parcel Size: No minimum parcel size is required, however, the parcel chosen for a church must be adequate to meet all of the development standards to be listed below that include, but are not limited to, setbacks, landscaping, parking, improvements, and dedications.

      4.   Building Setbacks:

         a.   Commercial Zone:

            (1)   Front: Thirty feet (30') from property line. (If project fronts on more than 1 street, setback applies to all street frontages.)

            (2)   Side and rear: Minimum ten feet (10') unless located adjacent to a Residential Zone. In this case, the minimum setback must be thirty feet (30').

         b.   Residential Zone:

            (1)   Front: Thirty feet (30') from front property line. (If project is on a corner lot, setbacks are 30 feet on 1 street and 20 feet on the other.)

            (2)   Side and rear: Follow setbacks required according to zone property is in. A greater setback may be needed as may be deemed necessary by the Planning Commission by larger structures.

      5.   Building Height: Maximum building height shall follow zoning that the project is in. Thirty five feet (35') is the maximum height in a Residential Zone or in any zone adjacent to a Residential Zone (not including chimneys, steeples and the like).

      6.   Landscaping Setbacks:

         a.   Front: Thirty feet (30') minimum from property line. (If on a corner lot in a Residential Zone, 20 feet on shorter setback side.)

         b.   Sides and rear: Five feet (5') minimum.

         c.   Landscaping in the front areas shall also include the park strip adjacent to the curb including grass and street trees (minimum 2 inch caliper and spaced 30 feet on center).

         d.   Landscaping shall also be required within the parking lot itself where large expanses of asphalt occur. There shall be a minimum of one 10-foot wide planter within the parking lot area where over one hundred twenty five (125) linear feet of asphalt occurs.

      7.   Fencing: Acceptable fence types shall include vinyl, precast concrete, decorative iron, architecturally designed brick or block.

      8.   Parking:

         a.   All parking for church facilities shall be on site.

         b.   No parking is permitted within the front landscape setback.

      9.   Trash Enclosures And Accessory (Maintenance Or Storage) Buildings:

         a.   All trash bins shall be surrounded with six foot (6') high masonry or precast enclosures to match the main building with solid metal gates. Trash enclosures may be combined with accessory (maintenance or storage) buildings. The setback of such structure shall be at least the same as the minimum required front landscape setback, but in no case shall trash enclosures be located any closer than ten feet (10') to a Residential District lot line or five feet (5') to a Commercial District lot line.

         b.   Accessory (maintenance or storage) buildings shall be built of the same materials as the main building (siding and roofing) so as to blend in with the entire project. Minimum setbacks to the front property line(s) shall be the same as the main building. Buildings adjacent to a side or rear property line (other than a street side of the property), which are built of one hour fire rated construction, can be considered an accessory structure and may be set back as close as three feet (3') to a side or rear property line.

      10.   Lighting: All lighting for church buildings, parking lots, and accessory uses, if applicable, shall be downlit and minimize any adverse impact on adjacent residential areas.

   B.   Ancillary Uses: Ancillary uses such as parks, ball diamonds, pavilions, etc., shall not count toward landscaping on the church site but shall stand alone and be considered as a separate site and subject to separate conditional use approval. Any such ancillary uses are subject to, but not limited to, the standards of this Code (if applicable).

   C.   Procedure For Approval: All church sites are subject to site plan review by the staff. (Ord. 12-15, 7-11-2012)

   A.   Purpose: This section is established to provide regulation and design standards for permitted mobile businesses in commercial or industrial land use areas, except as otherwise allowed herein. These regulations are designed to expand the opportunity of various types of temporary mobile businesses in the City, while guiding them to appropriate locations, and ensuring they are conducted safely and in harmony with the surrounding land uses.

   B.   General Requirements: The following requirements must be met for all mobile businesses. Provisions found in this section shall not apply to other uses identified as "temporary use" that are specifically regulated in this title.

      1.   No person shall operate a mobile business without obtaining a business license from the City of Taylorsville in accordance with this title. Licenses will expire on the earliest date of expiration of the required health or safety inspections, or one year from the date of issuance.

      2.   No alcohol shall be provided/sold by a mobile business.

      3.   Mobile businesses shall be allowed to operate on property within all commercial or industrial land use areas, in accordance with the provisions of this section. Each business shall abide by the following:

         a.   Property owner consent is required for every location a mobile business or street vendor desires to operate.

         b.   Acceptable space shall be available for any off-street parking and traffic circulation generated by the uses. The location and use of a site may not interfere with the existing parking demand and circulation of the surrounding development.

         c.   Prior to operating a food truck or street vending business on a vacant lot (where there is no current licensed business with a permanent structure on-site) the improvements outlined within this title for temporary uses are required.

         d.   If a mobile business will operate more than ten (10) hours a week at the same private property location a site plan submission to the City of Taylorsville will be required. The site plan shall include parking, traffic circulation patterns, pedestrian access, right-of-way, restroom facilities, distances between adjacent property owners and other materials deemed applicable by the Director for review.

      4.   Food trucks and street vendors may be allowed to operate in the public right-of-way in accordance with the provisions in this section and with written authorization from the City of Taylorsville or any other governmental agency with jurisdiction over the right-of-way. Authorization from UDOT will be required as part of the City review process for any mobile food business operating within a UDOT right-of-way. Each business seeking to operate within the public right-of-way shall abide by the following conditions and requirements.

         a.   A special events permit must be obtained from the City to operate a business in the right-of-way. Said permission may be granted if an applicant can demonstrate compliance with the regulations in this section.

         b.   Mobile food businesses shall obey all on-street parking and traffic regulations as stated in State Statute and/or City ordinances.

         c.   Parking on a sidewalk, park strip, or other landscaped area is not allowed.

         d.   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 or to driveways or entrances of existing buildings or uses.

         e.   The operator shall locate the vending window facing the sidewalk or on private property unless the roadway has been closed to vehicular traffic for a public event.

         f.   No mobile food business shall create a parking issue for the surrounding primary uses.

         g.   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.

         h.   Mobile food businesses shall not operate on public streets where the speed limit exceeds thirty five (35) miles per hour, unless the roadway has been closed to vehicular traffic for a public event, nor locations that are otherwise deemed hazardous by the City Engineer.

         i.   When locating on public property, each applicant for a license or renewal under this chapter shall submit, with the application, a certificate of insurance executed by an insurance company or association authorized to transact business in this State, showing that there is in full force and effect, for the full term of the license, general liability insurance in the amount not less than two hundred thousand dollars ($200,000.00) for personal injury to each person, five hundred thousand dollars ($500,000.00) for each occurrence, and five hundred thousand dollars ($500,000.00) for each occurrence involving property damage; or a single limit policy of not less than five hundred thousand dollars ($500,000.00) covering all claims per occurrence. Such policy or policies shall also include coverage of all motor vehicles used in connection with applicant's business and the coverage shall be primary. A current certificate of insurance shall be kept on file with the Business License Administrator at all times that applicant is licensed by the City verifying such continuing coverage and naming Taylorsville City, its officers, officials, and employees as additional insureds. The certificate shall contain a statement that the City will be given written notification at least thirty (30) days prior to cancellation or material change in the coverage. Cancellation shall constitute grounds for suspensions or revocation of the license issued hereunder unless another insurance policy complying herewith is provided and is in effect at the time. In the case of a mobile food court, a certificate of insurance would be required for each vehicle.

         j.   A signed statement that the licensee shall hold the City and its officers and employees harmless from any and all liability and shall indemnify the City and its officers and employees from any claims for damage to property or injury to persons arising from any activity carried on under the terms of the license.

      5.   It shall be unlawful for any mobile food business to operate adjacent to or in a public park, or in an OS Zone, without a special events permit from the City of Taylorsville. Authorization does not supersede or replace the requirement that the business obtain a Taylorsville City business license.

      6.   The business shall ensure that its use of the right-of-way, including the sidewalk, in no way interferes with or limits sidewalk users' free and unobstructed passage. Vendor must maintain clear, continuous sidewalk width of no less than four feet (4').

      7.   Must not be located within:

         a.   Ten feet (10') of any fire hydrant;

         b.   Ten feet (10') of any bus or transit stop;

         c.   Ten feet (10') or one stall away from any handicap parking space or access ramp;

         d.   Ten feet (10') from any curb cut;

         e.   Ten feet (10') from any other mobile food business or street vendor;

         f.   Thirty feet (30') from any intersection or driveway; and

      8.   The business license, fire inspection certificate, and Health Department inspection must be displayed in a visible location on the vehicle, trailer, or cart. The vehicle, trailer, or cart must also have the license plate, proof of insurance coverage, safety inspection, and vehicular registration.

      9.   The business may operate from several locations (both public and private) within the City under the same business license.

      10.   All business activity related to mobile food businesses shall be of a temporary nature, the duration of which shall not extend for more than twelve (12) hours within any twenty four (24) hour period at any one location, unless the Director approves a longer time on either public or private property. All vehicles, trailers, or carts must be removed from the public right-of-way or private property at the close of each business day. The hours of operation shall be restricted to seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M., unless approved by the Director if one or more of the following conditions are met:

         a.   The extended hours are part of an approved special event.

         b.   The location is a site that contains a business that has been approved for extended hours.

      11.   The business shall not have or operate as a drive-thru.

      12.   The mobile food vehicle, trailer, or cart shall be kept in a good operating condition and no peeling paint or rust shall be visible.

      13.   Any auxiliary power required for the operation of the mobile food business shall be self-contained. The use of power or water located in private property is not allowed, unless the property owner grants permission.

      14.   It is illegal to discharge or dispose of any substance, material, food, or waste into the storm drain system.

      15.   All garbage or other refuse generated from a mobile food business shall be disposed of properly. All grounds utilized by a mobile food business shall at all times be maintained in a clean and attractive condition. Trash containers shall be provided for use of the business patrons. The mobile food business shall be responsible for cleaning up litter dropped or discarded prior to leaving the location.

      16.   Signage shall be allowed as part of the design of the vehicle, trailer, or cart itself or upon the canopy or umbrella. One menu board A-frame sign may be used with a maximum size of 3' x 4'. Signs shall not block or impede pedestrian traffic.

      17.   Professional or personal services shall not be provided from a mobile food business or street vendor.

      18.   All vendors are subject to the Taylorsville City Sales Tax for goods sold within the boundaries of the City. Vendors shall be required to keep accurate records of daily sales that occur within the City limits. Taylorsville City reserves the right to audit sales records. Failure to keep accurate records may result in revocation of the Taylorsville City business license.

   C.   Operation And Design: Mobile food businesses shall comply with the following design and operational requirements:

      1.   Any canopy extensions must be integrated into the design of the mobile food business vehicle and must not project onto or over the public sidewalk or any other part of the public right- of-way in a way that impedes pedestrian passage or is lower than seven feet (7') measured from the lowest portion of the canopy to the sidewalk or ground surface. Walled enclosures, whether hard or soft, are not authorized. Chairs and tables are not allowed in the public right-of-way.

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

   D.   Street Vendor Carts: Street vendor carts shall comply with the following design standards:

      1.   Umbrellas or canopies shall be a minimum of seven feet (7') and a maximum of ten feet (10') above the sidewalk if they extend beyond the edge of the cart.

      2.   Umbrellas or canopies shall not exceed one hundred (100) square feet in area.

      3.   The cart shall not exceed three and one-half feet (3.5') in width and eight feet (8') in length, including the hitch. The height of the mobile device or push cart, excluding canopies, umbrellas, or transparent enclosures, shall not exceed five feet (5').

   E.   Special Events: The restrictions of this chapter notwithstanding, nothing herein shall prohibit the City from authorizing mobile food businesses other than those licensed under this section, to conduct concurrent vending operations within the public right-of-way, or such other areas as the City may deem appropriate, during special events. The special event vendors shall still be governed by this section, except as specifically provided otherwise by the special event permit or such other ordinance, policy, or executive order as may be applicable. However, as long as the public right-of-way remains open to the general public, such authorization or special event vendors shall not require removal of a permittee under this section from operating within an otherwise lawfully occupied location of a mutually acceptable adjacent alternative location during such special event, unless otherwise provided under City ordinances. If the City is closing a public right-of-way to general access, either partially or fully, in order to accommodate a special event, a mobile food business may not access that right-of-way unless specifically authorized by the City.

   F.   Failure To Comply: Failure to comply with the requirements of this section shall be grounds for denial, suspension or revocation of a business license as described in this title. Failure to comply may result in the suspension or revocation of a business license, and is a Class B misdemeanor. (Ord. 18-26, 10-17-2018)

Nondepository institutions are subject to the following restrictions:

   A.   Shall not be located within one thousand feet (1,000') of the same type of use inside or outside the City geographical boundaries. This distance shall be measured in a straight line, without regard to intervening streets, from the entry door of each business.

   B.   Shall conform to the architectural design standards as described in chapter 13.37, "Design Standards", of this title. In addition to these guidelines, the following will also be required: The color of the building shall be restricted to earth tones or shall match the design theme of the center in which it is a part.

      1.   At least twenty five percent (25%) of the first floor facade that faces a public street or sidewalk shall be windows or doors of clear or lightly tinted glass that allows views into and out of the building at eye level.

      2.   The use of bars, chains, or similar security devices that are visible from a public street or sidewalk shall be prohibited.

      3.   The use of neon lighting shall be prohibited on the building exterior exclusive of building signage.

   C.   Shall conform to the sign regulations as described in this Code.

   D.   Shall be limited to one nondepository institution per ten thousand (10,000) in population to include all residents in the City. The total population figures shall be based on the U.S. Census Bureau's annual estimates. (Ord. 12-15, 7-11-2012; amd. Ord. 18-26, 10-17-2018)

   A.   Scope And Applicability: Earth station regulations shall apply to earth stations with a dish diameter over four feet (4') in size.

   B.   Location:

      1.   Residential Districts: Location of earth stations over four feet (4') in diameter in Residential Districts:

         a.   Ground Mounted In All Residential Districts:

            (1)   Maximum Height: Maximum height from grade to the top of the dish shall be twelve feet (12'). Any ground mounted earth station with a height exceeding twelve feet (12') shall be allowed only with a non-administrative conditional use approval. The overall height of the structure shall not exceed the maximum height limits established within the zone in which the earth station is to be located.

            (2)   Number Per Lot: A maximum of one earth station structure shall exist at any one time on any residentially zoned property.

            (3)   Front Yard: Not allowed.

            (4)   Rear And Side Yards: Earth stations shall be located in rear yards, where possible. If rear yards are not acceptable for proper reception of signals, the earth station may be located in either side yard and screened properly.

            (5)   Corner Lots: On corner lots, an earth station may be situated to the rear of the main dwelling and within the area between the main building and street when approved as a non-administrative conditional use.

            (6)   Easements, Rights-Of-Way: No earth station shall be located on any legally recorded public utility easement right-of-way.

            (7)   Multi-Family: One earth station shall be allowed per building. A second earth station may be allowed as a non- administrative conditional use approval.

   FIGURE 5

   GROUND STATION LOCATIONS IN

   MULTI-FAMILY DEVELOPMENTS

         b.   Roof Mounted In All Residential Zones:

            (1)   Approval: If the rear and side yards are deemed unacceptable for suitable signal reception, then roof mounted earth stations may be permitted with non-administrative conditional use review and approval. Such roof installations must meet the following criteria:

               (A)   Roof mounted earth stations shall be mounted directly upon the roof of a primary structure and shall not be mounted upon appurtenances such as chimneys, towers, trees, poles, or spires.

               (B)   The height of the structure shall not exceed the maximum height limits established within the zone in which the earth station is to be located.

               (C)   Evidence of wind loading and structural safety of the earth station shall be provided to the Planning Commission by the applicant.

               (D)   An earth station mounted on a roof shall be located on the portion of the roof which is oriented to the rear yard rather than located on the portion of the roof visible from the street.

               (E)   Other criteria as deemed appropriate by the Planning Commission.

      2.   Commercial And Industrial Districts: Location of earth stations over four feet (4') in diameter in Commercial and Industrial Districts:

         a.   Ground Mounted In Commercial And Industrial Districts:

            (1)   Maximum Height: Maximum height from grade to the top of the dish shall be fifteen feet (15'). Any earth station with a height exceeding fifteen feet (15') shall be allowed only with a non- administrative conditional use approval.

            (2)   Number Allowed: Two (2) earth station structures shall be permitted at any one time per separate commercial or industrial business, unless approved by the Planning Commission.

            (3)   Advertising: No earth station shall display lettering or numbers for advertising purposes.

            (4)   Rear And Side Yards: An earth station in any Commercial or Industrial District shall be located in the rear or side yard area, if possible.

            (5)   Front Yards: Not allowed.

            (6)   Easements, Rights-Of-Way: No earth station shall be located on any legally recorded public utility easement or right-of-way.

         b.   Roof Mounted In All Commercial And Industrial Zones:

            (1)   Approval: If the front, rear, and side yards are deemed unacceptable for suitable signal reception or pose a negative aesthetic or neighborhood impact, then roof mounted earth stations may be permitted with a non-administrative conditional use review and approval. Such roof installations may be permitted under the following criteria:

               (A)   Roof mounted earth stations shall be mounted directly upon the roof of a primary structure and shall not be mounted upon appurtenances such as chimneys, towers, trees, poles which exceed the minimum height of mast required to mount the antennas to the roof, spires, or similar structures.

               (B)   The height of a roof mounted earth station located in any Commercial or Industrial District shall not exceed twelve feet (12') above the highest point of the roof upon which the structure is located. Height increases over twelve feet (12') may be approved by the Planning Commission as deemed appropriate. The roof mounted earth station shall not exceed the maximum height limits established within the zone in which the earth station is to be located.

               (C)   Other criteria as deemed appropriate by the Planning Commission.

               (D)   All roof mounted earth stations shall be screened from view from adjacent streets and properties in the same manner as is required of all other roof mounted equipment in this Code. Said station shall not significantly change the architectural character of the structure. (Ord. 18-26, 10-17-2018)

These regulations shall apply to all solar heating developments, private or public, to the extent that design review is not preempted by State or Federal law.

   A.   Review And Standards: All applications for building permits for structures with solar installations shall be forwarded to the Community Development Department for review and approval. The proposed installation will be reviewed to assure compliance with the following standards:

      1.   Reflection Of Sunlight: Collectors shall not reflect sunlight into neighboring windows.

      2.   Height: The installation shall extend no higher than roof ridgeline, or on a flat roof, a parapet wall.

      3.   Installation:

         a.   Residential installation shall stand no more than two feet (2') above the surface of the roof.

         b.   Commercial installation shall stand no more than five feet (5') above the surface of the roof and must be properly screened.

      4.   Color: The color of collector frames shall be compatible with the roof.

      5.   Piping: The piping shall blend with the surface to which it is attached.

      6.   Measures To Conceal Visibility: The ends of the panel arrays shall be covered and mounting brackets shall blend with the roof and not be visible from the front yard.

   B.   Administrative Review: The applicant shall provide the following documentation for building permit review:

      1.   Site plan.

      2.   Drawings showing existing building elevations.

      3.   Landscaping and screening plans.

      4.   The kind, color, and texture of materials to be used.

      5.   Any other pertinent information determined to be necessary by the Director. (Ord. 18-26, 10-17-2018)

Wind energy conversion systems shall meet the following standards:

   A.   Minimum tower setback from any property line shall equal the height of the tower.

   B.   Towers shall meet main dwelling setbacks for the particular zone in which the tower is located.

   C.   There shall be sufficient safety measures to prevent the tower from becoming a climbing hazard.

   D.   Roof mounted units shall extend no more than six feet (6') above the main roofline.

   E.   The tower shall not be located in a utility easement or right- of-way.

   F.   In the case of joint ownership of a tower, the structure may be located on any lot(s) as approved by the chief building official, provided the tower meets setback requirements mentioned above in respect to all perimeter properties.

   G.   The owner shall obtain a building permit and certification by a registered engineer as to the safety of equipment and installation. (Ord. 12-15, 7-11-2012; amd. Ord. 18-26, 10-17-2018)

   A.   Purpose: The purpose of this section is to address planning issues brought on by the rapid growth in demand for low power wireless telecommunications services. This section establishes provisions that deal with issues of demand, visual mitigation, engineering, residential impacts, health, safety, and facility siting.

   B.   Application: The requirements of this section apply to commercial and private wireless telecommunication facilities. For the purpose of this section and application wireless telecommunication facilities or telecommunication facilities shall include but not be limited to small wireless facilities, monopoles, whip antennas, utility pole antennas, and roof and wall mounted equipment. All telecommunication facilities shall comply with the following regulations and all other ordinances of the City and any pertinent regulations of the Federal Communications Commission and the Federal Aviation Administration. (Ord. 18-17, 8-1-2018; amd. Ord. 18-26, 10-17-2018)

   C.   Franchise Agreement; Bond:

      1.   Franchise Agreement: A wireless telecommunication facility provider shall enter into a Franchise Agreement with the City prior to installation of facilities if the facility will be: a) located within the public right-of-way; b) collocated on public infrastructure; or c) collocated upon another franchisee's infrastructure. This agreement may not be assigned to any third party, contractor, or subsidiary under any circumstances without the written consent of the City.

         a.   As part of the Franchise Agreement, a wireless telecommunication facility provider will be required to provide sufficient documentation to prove that it has the financial solvency to complete its proposed facilities installation and to operate and maintain its facilities. The City, at the City's sole discretion, will make a final determination as to whether provided documentation is sufficient to prove such financial solvency. Financial solvency may be proved by: 1) providing financial statements for the wireless telecommunication facility provider; 2) providing an opinion letter from a certified public accountant or other financial advisor attesting to the wireless telecommunication facility provider's financial solvency; or 3) providing any other documentation in accordance to generally accepted practices of the local industry to prove financial solvency.

         b.   As part of the Franchise Agreement, a wireless telecommunication facility provider will be required to provide a list of provider-approved, licensed contractors and sub- contractors the wireless telecommunication facility provider intends to use to install, operate and maintain its wireless telecommunication facilities. The wireless telecommunication facility provider shall have a continuing obligation to keep an updated list of contractors and subcontractors on file with the City at all times. The City shall not issue any permit to an applicant who is not listed on the approved contractor and sub- contractor list.

      2.   Bond: The City shall require a wireless telecommunications facility provider to post a bond in accordance with applicable State and local law. The bond and applicable documentation must be submitted prior to issuance of permits.

   D.   Telecommunication Facility Master Plan Required: A Master Plan shall be submitted for each type of telecommunication facility proposed by the applicant and shall include the entire above and below ground network. The network could consist of but is not limited to fiber, cable, conduits, vaults, boxes, pedestals, H-frames, poles, nodes, and wireless telecommunication facilities as well as supporting electrical and other utility connections. The Master Plan shall show proposed locations of future telecommunication facilities for the next five (5) years. The Master Plan shall include the rationale for each potential facility. Maps shall be utilized to graphically illustrate the coverage radius of each potential telecommunication facility. The Master Plan shall be submitted, along with a complete application, to the Community Development Department for preliminary review. The Development Review Committee shall make a recommendation regarding the Master Plan to the Community Development Director. Permits will not be granted without approval of the entire Master Plan network. (Ord. 19-03, 4-3-2019)

   E.   Telecommunication Facility Master Plan Requirements: A telecommunication facility Master Plan shall be completed for each type of telecommunication facility. The Master Plan shall include:

      1.   Rationale: The rationale for the selection of the proposed telecommunication facility and a review of any feasible alternative sites for the proposed facilities. The Master Plan shall include: a) technical reasons for the design of each proposed wireless telecommunication facility and efforts made to minimize impacts on the surrounding land uses, b) a listing of other telecommunication facilities within the search ring which were evaluated, and c) a statement of reasons why the final location for each wireless telecommunication facility was chosen. Staff may request the search ring and propagation information for the proposed telecommunication facilities. The applicant shall justify that the telecommunication facilities comply with the City's general plan, as well as applicable Design Standards.

      2.   Collocation: The Master Plan shall also examine the potential for collocation at an existing or the proposed telecommunication facility. If collocation is not possible at an existing telecommunication facility or if the proposed new telecommunication facility is not available for collocation, then the applicant shall include a written explanation why collocation is not possible.

      3.   Height: The height of the antennas and antenna support structures shall be justified through a detailed written analysis that explains in nontechnical terms the reasons why service cannot be effectively provided unless at the requested height. If the proposed telecommunication facility is a roof mount or wall mount, the City may request that the study verify that the existing or proposed screening will screen from view all telecommunication facilities.

      4.   Equipment Facilities: The Master Plan must include a detailed written explanation and analysis, not limited to fiscal reasons alone, of the potential for the equipment facilities to be either:

         a.   Located in an existing building; or

         b.   Designed using stealth design technology or other visual screening is utilized that readily conceals the appearance of the equipment facilities.

      5.   Visual Analysis: The applicant shall submit a visual analysis which may include photo simulation, field mock up, or other techniques which identify the potential for visual impacts of the proposed telecommunications facility. The analysis shall consider views from public areas (streets, parks, etc.) and from private residences. The analysis shall assess the cumulative impacts of the proposed telecommunications facility and other existing or approved telecommunications facilities in the areas as provided by City staff and shall identify all mitigation measures consistent with the technical aspects and requirements of the proposed telecommunications facility. Proposed color and design shall be included in the analysis including pole attachments, wiring, conduit, pedestals and any other structures associated with the proposed telecommunication. All costs associated with this requirement are to be borne by the applicant.

      6.   Independent Review: The City may, if it deems necessary, cause each telecommunications facility to be reviewed by a qualified radio frequency engineer. The purpose of the review is to determine if other locations are available to achieve an equivalent signal distribution and not significantly affect the operation of the telecommunications facility. Such a review may be required when an applicant indicates that no other acceptable location exists. The costs of any such review shall be borne by the applicant.

   F.   Application Process: A complete application shall include an accurately scaled site plan showing the right-of-way; easements; authorization from property owners or applicable reviewing agencies; elevations including height justification; design and color; structural calculations; photo simulations; and other documents as deemed necessary by the City to assess compliance with this title. The applicant shall be required to sign an affidavit acknowledging that the approval of the wireless telecommunication facility is valid for one year and that the equipment shall be installed within one year from when the building permit was issued. If the applicant fails to install equipment within one year the applicant will need to re-apply to the City per the requirements set forth in this section.

   G.   Permitted Uses: The following telecommunications facilities are classified as permitted uses. Any request for telecommunications facilities differing from the standards as allowed in this section shall require a technical necessity exception from the Planning Commission. All telecommunications facilities must comply with the City's general plan as well as the Design Standards. All permitted use equipment facilities listed in this section shall be located in an existing building, shall be designed using stealth technology, or shall utilize visual concealment measures to screen the appearance of the wireless telecommunication facility.

      1.   City Property: Telecommunications facilities located on City owned property are allowed as a permitted use provided the facilities meet the standards as specified for each type of facility as contained in this section, are compliant with the Design Standards, and the facility owner has entered into a Franchise Agreement with the City.

      2.   Wall Mounted Antenna: Wall mounted antennas which comply with the following standards are allowed as a permitted use:

         a.   Locations: Located on a structure in a Commercial, Industrial, or Professional Office District.

         b.   Mounting Method: Wall mounted antennas shall not extend above the wall line of the building or extend more than four feet (4') horizontally from the face of the building.

         c.   Stealth Design: Antennas, equipment facilities, and the antenna support structure shall be constructed with stealth design to match the color of the building or structure and to be architecturally compatible with the building or to match the color of the background against which they are most commonly seen.

      3.   Roof Mounted Antenna: Roof mounted antennas which comply with the following standards are permitted uses:

         a.   Locations: Located on a structure in a Commercial, Industrial, or Professional Office District.

         b.   Mounting Location:

            (1)   Roof mounted antennas may be located on top of existing penthouses or mechanical equipment rooms provided the telecommunications facilities are enclosed by a structure that creates a visual screen. The screening structure and telecommunications facilities shall not extend more than eight feet (8') above the existing roofline of the penthouse or mechanical equipment room.

            (2)   For roof mounted antennas not mounted on a penthouse or mechanical equipment room, the telecommunications facilities shall be mounted at least five feet (5') from the exterior wall of a building. For antennas mounted between five feet (5') and ten feet (10') from the exterior wall, the maximum height of a roof mounted antenna is directly proportional to the distance the antenna is set back from the exterior wall up to a maximum height of ten feet (10') above the roofline of the building to which the antenna is attached.

            (3)   Telecommunications facilities shall be mounted at least five feet (5') behind any parapet wall. For antennas mounted between five feet (5') and ten feet (10') behind a parapet wall, the maximum height of the antenna is directly proportional to the distance the antenna is set back from the wall up to a maximum of ten feet (10') as measured from the top of the parapet wall.

         c.   Screening: Roof mounted telecommunications facilities shall be located only on a flat roof and shall be screened, constructed, and/or colored to match the structure to which they are attached. Roof mounted telecommunications facilities for pitched roofs must receive a technical necessity exception.

         d.   Area Limitations For Wall And Roof Mounted Antennas: A combination of both roof and wall mounted antennas are allowed on a building. The total area for all wall and roof mounted antennas and antenna support structures combined shall not exceed forty (40) square feet for each exterior wall of the building or a total of one hundred sixty (160) square feet per building per carrier. A maximum of four (4) walls shall be occupied by antennas. The total area is the sum of the area of each individual antenna face, the visible portion of the antenna support structure, and the equipment facility as viewed when looking directly at the face of the building. The total area for a roof mounted antenna shall apply to the closest exterior wall. Up to three (3) carriers may utilize each building side for a maximum of four (4) sides as a permitted use.

         e.   Stealth Design: Antennas, equipment facilities, and the antenna support structure shall be constructed with stealth design to match the color of the building or structure and to be architecturally compatible with the building or to match the color of the background against which they are most commonly seen.

      4.   Collocation: Collocation of wireless telecommunication facilities is a permitted use provided the equipment does not extend more than twelve inches (12") from the existing structure and meets all the provisions as stated in the Design Standards.

      5.   Stealth Design: Telecommunications facilities that incorporate stealth design technology and are located on a parcel in a Commercial, Industrial, or Professional Office District are a permitted use.

      6.   Conversion: Conversion of existing flagpoles, light standards, athletic field lights, or other similar structures provided the structure's height is not increased more than ten feet (10') or unless approved by the Community Development Director as provided for in modified site plan review as described in this title are a permitted use.

      7.   Agreement: All wireless telecommunication facility providers shall be required to enter into a Franchise Agreement prior to installing a telecommunication or small wireless facility in the City's rights-of-way. The Community Development Director shall review the provider's Master Plan prior to execution of any such franchise agreement.

      8.   Utility Pole Antennas: Utility pole antennas which comply with the following standards are permitted uses. Equipment shall be designed and installed by the provider according to City Design Standards and the utility pole owner's specifications. Equipment may be located on existing utility poles within the right-of-way, provided prior written authorization from the utility pole owner has been provided. Mounted equipment shall have wiring contained within the pole or conduit. Concealment measures such as color, material or design shall be used to minimize visual impact.

      9.   New Small Wireless Facilities: Small wireless facilities which comply with the following standards are permitted uses:

         a.   Location: New nodes may be located within the public right-of- way provided the nodes comply with the Design Standards and Design District and Historic Resources Overlay Zone requirements.

   H.   Technical Necessity Exception: If an applicant cannot meet the standards for telecommunications facilities as provided for in subsection G, "Permitted Uses", of this section for technical reasons, an applicant may request a technical necessity exception from the Planning Commission. If an applicant cannot or will not meet those standards for reasons other than technical reasons, the use is not allowed. The burden of proof for obtaining a technical necessity exception shall be placed upon the applicant. Telecommunications facilities which meet the following standards as determined by the Planning Commission may be granted a technical necessity exception:

      1.   General Plan And Ordinance Compliance: Comply with the general plan, Design Standards and Design District and Historic Resources Overlay Zone requirements, if applicable.

      2.   Antennas In Multi-Family Zones: Wall mount antennas, roof mount antennas, and stealth applications on structures containing ten (10) or more dwelling units and conversions shall require a technical necessity exception. Antennas on structures containing less than ten (10) units are not allowed. The antennas and their related antenna support structures and equipment facilities must meet the design standards for each respective telecommunications facility as referenced in subsection G, "Permitted Uses", of this section.

      3.   Monopoles: Monopoles are not allowed in any zone within the City without a technical necessity exception being granted by the Planning Commission. Following are the minimum standards for a monopole to qualify for a technical necessity exception. The Planning Commission may impose additional requirements pursuant to the review standards in this title.

         a.   Independent Review: All applications requesting a monopole under the technical necessity exception provision shall complete an independent radio frequency engineering review of the proposed monopole telecommunications facility in relation to the requested height, alternative locations, other proposed telecommunications facilities, and existing telecommunications facilities. The cost of the independent review shall be borne by the applicant.

         b.   Antenna Sizing: The maximum visible width of antennas and antenna support structures on a monopole shall not exceed eight feet (8') in height or three feet (3') in width as viewed looking directly at the monopole at the same elevation as the antennas and antenna support structure. Top hat design is not permitted.

         c.   Location And Minimum Setbacks: Monopoles shall be allowed only in the rear yard area of any commercial or industrial lot which contains a commercial or industrial use or on City property. These structures shall not be located in a required landscaped area, buffer area or required parking area. No such antenna shall be located within one hundred sixty five feet (165') of a residential property line. However, the Planning Commission may reduce the required setback from a residential property line if practical difficulties are demonstrated by the applicant, (e.g., City park location, public buildings, etc.).

         d.   Height Limit: Monopoles shall not project higher than ten feet (10') above the average building height to a maximum of eighty feet (80') or, if there are no buildings within three hundred feet (300'), these monopoles shall not project higher than ten feet (10') above the average tree canopy height to a maximum of eighty feet (80'), measured from ground level.

         e.   Landscaping, Fencing, And Safety: Monopoles shall, at minimum, be landscaped as per the requirements of the zoning district in which they are located. If there are no buildings immediately adjacent to the monopole and equipment facilities, all monopoles and equipment facilities shall be surrounded by dense tree growth to screen view of the facility in all directions. The Planning Commission may require additional landscaping or fencing as part of the site plan approval. The climbing pegs shall be removed from the lower twenty feet (20') of the monopole.

         f.   Exception: Monopoles may be allowed in PUD zones without requiring a technical necessity exception if the following conditions are met:

            (1)   The PUD consists of at least one hundred (100) acres.

            (2)   The monopole and equipment facility are placed in an open space or common area within the PUD.

            (3)   The location must be in a mature landscape area to provide a screen and buffer. Alternatively, new landscaping must be provided around the proposed monopole or other types of screening that may be approved by the Community Development Director.

            (4)   Any proposed location, including all leased area for the wireless facility, will no longer be considered open space. Therefore, any proposed location must not reduce the open space below the minimum acreage for the development.

            (5)   The monopole and equipment facility must utilize stealth technology.

            (6)   The monopole shall not project higher than ten feet (10') above the average building height or average tree canopy up to a maximum of forty five feet (45'). The Community Development Director may increase the height beyond ten feet (10') above the tree canopy if it is determined that this will aid on compliance with stealth requirements. To provide for additional carriers, clustering of multiple poles of varying heights is encouraged.

            (7)   No antenna shall be located within one hundred sixty five feet (165') of a residential property line or residence. However, the Community Development Director may reduce the required setback from a residential property line or residence if the applicant demonstrates that the proposed facility would follow the City's standards for stealth applications more closely or if they can demonstrate other practical difficulties.

            (8)   The applicant must demonstrate a technical need (explained in simple terms) for the proposed monopole.

      4.   Wireless Telecommunication Facilities On Private Property: A technical necessity exception review by the Planning Commission may be required for wireless telecommunication facilities located on private property.

      5.   Additional Information: Information concerning the following shall be submitted by the applicant and considered by the Planning Commission for all technical necessity exception requests:

         a.   Compatibility of the proposed telecommunications facilities with the height, color and mass of existing buildings and utility structures.

         b.   Whether it is possible to locate the antenna on other existing structures with less aesthetic impact in the same vicinity such as other monopoles, small wireless facilities, buildings, utility poles, athletic field lights, parking lot lights, etc., without significantly impacting transmission or reception.

         c.   The location of the telecommunications facilities in relation to existing vegetation, topography, and buildings to obtain the best visual screening.

         d.   Whether the spacing between the proposed and existing telecommunications facilities creates detrimental impacts to adjoining properties or streetscapes.

         e.   Substantial existing or proposed landscaping, including tree cover, to reduce visibility of telecommunications facilities.

         f.   Whether the telecommunications facility complies with the City's general plan and the Design Standards.

   I.   Equipment Facilities: All equipment facilities shall be located in an existing building or designed whereby the incorporation of stealth design technology or other screening is utilized that readily conceals the appearance of the equipment facility. Small wireless facility H-frame pedestals are not considered equipment facilities. All power lines on the lot leading to the telecommunication facility shall be underground. If the Community Development Director does not require the applicant to place the equipment facility underground or utilize stealth design technology, then the telecommunications facility shall be fenced with a six foot (6') vinyl coated chainlink fence or other fencing and landscaping as approved or required by the Planning Commission.

   J.   Design Districts And Historic Resources Overlay Zone: Any telecommunications facility proposed within a Design District or Historic Resources Overlay Zone must meet the requirements of the overlay zone and the Design Standards. Telecommunication facilities proposed in these districts must be reviewed by the Director.

   K.   Prohibited: The following telecommunications facilities are not allowed in any zone district:

      1.   Lattice towers.

      2.   Whip antennas on wall mounted support structures.

      3.   Any telecommunications facility not specifically listed in the permitted use subsection or not in compliance with the requirements for a technical necessity exception.

   L.   Nonmaintained Or Abandoned Facilities: The Community Development Director may require each nonmaintained or abandoned telecommunications facility to be removed when such a telecommunications facility has not been repaired or put into use by the owner, person having control, or person receiving benefit of such structure within thirty (30) calendar days after notice of nonmaintenance or abandonment is given to the owner, person having control, or person receiving the benefit of such structure.

If the structure upon which an antenna is placed, including, but not limited to, a utility pole, water tank, light pole, or building is no longer used or is proposed by the owner or operator of that structure to be removed or replaced, the antenna must be removed within ninety (90) calendar days after notice from the City. Any replacement telecommunications facility, if necessary, is required to comply with the requirements herein or any subsequent amendment hereto.

   M.   Provider Requirements: It shall be the provider's sole responsibility to remove, relocate and maintain wireless telecommunication facilities. The following shall be included in this provision:

      1.   The provider shall, at its own expense, remove a wireless telecommunication facility and associated equipment that is no longer needed by the provider.

      2.   If the provider abandons a wireless telecommunication facility or damages the right-of-way the provider shall, at its own expense, restore the right-of-way to reasonable standards as determined by the City.

      3.   The provider shall, at its own expense, be responsible for the removal and relocation of equipment in areas that interfere with a City improvement project. The City shall provide written notice including a reasonable timeframe to remove or relocate the equipment.

      4.   The City shall provide written notice to the provider regarding removal, relocation, maintenance, damage or repair of a wireless telecommunication facility; if the provider fails to take the required action within the time frame stated on the written notice the City shall take the required action. The City shall provide documentation to the provider for the cost of the required action, and it shall be the responsibility of the provider to pay for costs associated with the required action.

   N.   Building Permits: Prior to the construction of any telecommunications facility, the applicant shall obtain building permits, road cut permits, and other permits as required by the City.

   O.   Wireless Telecommunications Facilities Illustrations: The following illustrations are referred to in this section. They are meant to demonstrate graphically the intent of this section.

   FIGURE 6

   WALL MOUNTED ANTENNAS

   FIGURE 7

   ROOF MOUNTED ANTENNAS

   FIGURE 8

   MONOPOLES

(Ord. 18-17, 8-1-2018; amd. Ord. 18-26, 10-17-2018)

   A.   Tobacco specialty business licenses shall not be issued if it is located within:

      1.   One thousand feet (1,000') of a community location;

      2.   Six hundred feet (600') of another retail tobacco specialty business; or

      3.   Six hundred feet (600') from property used or zoned for:

         a.   Agriculture.

         b.   Residential.

For purposes of this section, the proximity requirements shall be measured in a straight line from the nearest entrance of the tobacco specialty business to the nearest property boundary of the community location, or agricultural or residential use or zone, without regard to intervening structures, roadways, City boundaries, or zoning districts.

As used in this section "community location" means: a public or private kindergarten, elementary, middle, junior high, or high school; a licensed childcare facility or preschool; a trade or technical school; a church; a public library; a public playground; a public park; a youth center or other space used primarily for youth oriented activities; a public recreation facility; or a public arcade.

   B.   Tobacco specialty businesses shall conform to the architectural design standards as described in chapter 13.37, "Design Standards", of this title.

      1.   In addition to these guidelines, the following will also be required: The color of the building shall be restricted to earth tones or shall match the design theme of the center in which it is a part.

      2.   At least twenty five percent (25%) of the first floor facade that faces a public street or sidewalk shall be windows or doors of clear or lightly tinted glass that allows views into and out of the building at eye level.

      3.   The use of bars, chains, or similar security devices that are visible from a public street or sidewalk shall be prohibited.

      4.   The use of neon lighting shall be prohibited on the building exterior exclusive of building signage.

   C.   Tobacco specialty businesses shall conform to the sign regulations as described in this Code.

   D.   Tobacco specialty businesses shall be limited to one specialty tobacco business per ten thousand (10,000) in population to include all residents in the City. The total population figures shall be based on the U.S. Census Bureau's annual estimates. For the purposes of this section, population estimates shall be rounded down to the nearest ten thousand (10,000). (Ord. 12-27, 10-17-2012; amd. Ord. 18-26, 10-17-2018)

   A.   Applicability: When it is desired to create a new lot or parcel of property and its primary use is to be a public utility station structure or structures, these standards shall apply.

   B.   Subdivision Of Property:

      1.   Lot Size And Dimensions: Upon review and approval by the Planning Commission, the minimum size and dimensions of a lot or parcel shall be sufficient to meet the needs of the public utility station structure.

      2.   Frontage: Lots and parcels are not required to have street frontage if there is a recorded perpetual access easement across adjoining property connecting to a dedicated and improved street right-of-way that is sufficient width to meet the needs of the public utility, as determined by the Planning Commission at the time of approval and that satisfies the requirements of public safety agencies.

      3.   Creation Of Lot Or Parcel: Unless otherwise prohibited by Utah State Code, lots or parcels may be created as a lot or parcel within a recorded subdivision plat, or created by a recorded deed that describes the property by metes and bounds legal description.

   C.   Development Standards: The following development standards shall apply to all lots or parcels created for public utility stations:

      1.   Location: A public utility station shall be located no closer than thirty feet (30') from any existing habitable structure or street. The station may not be located in the path of any planned street, as illustrated on the Taylorsville City master street plan.

      2.   Building Setbacks:

         a.   For buildings fifteen feet (15') high and under:

            (1)   From property line:

               (A)   Thirty feet (30') from street right-of-way.

               (B)   Ten feet (10') for landlocked properties and all other property lines.

         b.   For buildings greater than fifteen feet (15') high: The Planning Commission shall determine appropriate setbacks at the time of approval necessary to mitigate any detrimental impacts on surrounding residential use.

      3.   Maximum Building Height: As permitted by the underlying zone height requirements.

      4.   Fencing:

         a.   For lots or parcels with street frontage, a minimum eight foot (8') decorative, nonclimbable wall shall be constructed a minimum of twenty five feet (25') from a public street, and along all property lines. Access gates shall be sight obscuring. Additionally, the requirements of section 13.23.070 of this title shall apply.

         b.   For lots or parcels without street frontage, a minimum six foot (6') opaque and nonclimbable screening fence and gate(s) shall be constructed along all property lines. Additionally, the requirements of section 13.23.070 of this title shall apply.

      5.   Architectural Standards: Public utility stations shall be painted or constructed of materials with earth tone colors and shall be architecturally compatible with surrounding structures.

      6.   Landscaping: All areas within public view are required to provide landscaping under the standards of the respective zone in which they are located. Properties with street frontage shall provide a minimum six foot (6') deep landscaped planting bed in front of any fencing parallel to the street. Areas within enclosed fencing are not required to be landscaped, but all open areas shall be maintained clear of all weeds and debris.

      7.   Enclosure: All unenclosed elements of the facility that are not housed in a building, and isolated minor elements such as pad mounted transformers, telephone pedestals, metering stations, and other equipment vital to the operation of the public utility station shall be contained within the screened portion of the lot or parcel.

   D.   Other Uses: Other uses of the site, and accessory uses, including the storage of materials outside of an enclosed building, are prohibited. (Ord. 17-07, 4-12-2017; amd. Ord. 18-26, 10-17-2018)

   A.   A micro-education entity may operate in a facility that meets Group E Occupancy requirements as defined by the International Building Code (IBC), subject to the following:

      1.   May have up to one hundred (100) students in the facility; and

      2.   Shall have enough space for at least twenty (20) net square feet per student.

   B.   A micro-education entity may operate in a facility that is subject to and complies with the same occupancy requirements as a Class B Occupancy as defined by the IBC, if:

      1.   The facility has a code compliant fire alarm system and carbon monoxide detection system;

         a.   Each classroom in the facility has an exit directly to the outside at the level of exit or discharge; or

         b.   The structure has a code compliant fire sprinkler system;

      2.   The facility has an automatic fire sprinkler system in fire areas of the facility that are greater than twelve thousand (12,000) square feet; and

      3.   The facility has enough space for at least twenty (20) net square feet per student.

   C.   A secure outdoor play area is required for all micro-education facilities and shall comply with the following:

      1.   The play area shall be located a minimum of five feet (5') from any vehicle parking, access, or circulation area.

      2.   The play area shall be secured by a well-maintained fence that is at least six feet (6') in height with a self-latching gate.

      3.   The outdoor play area shall be maintained in good condition and be finished and landscaped to include ground covers, paving, or other surfaces commonly found in an outdoor play area and that do not pose a risk to children.

      4.   The outdoor play area shall not be used before eight o’clock (8:00) A.M. or after eight o’clock (8:00) P.M.

   D.   A minimum of one off-street accessible (ADA) passenger loading zone shall be provided in accordance with ADA standards.

   E.   Off-street vehicle parking shall be provided in accordance with § 13.24.080: Parking Space Requirements. (Ord. 24-05, 8-21-2024)

   A.   Planning Commission Review Required. Reception centers with a gross floor area of 2,500 square feet or more shall be subject to the non-administrative conditional use permit procedure.

   B.   Number and Proximity.

      1.   No more than one reception center per 10,000 population in the city shall be permitted. Population numbers are based on the U.S. Census Bureau’s annual estimates. The owner of a reception center with an active business license originally issued prior to the effective date of Ordinance 24-12, may relocate the reception center within the city, regardless of the number of active reception center licenses, subject to the standards of this LDC.

      2.   A reception center shall not be located closer than 1,000 feet from another licensed reception center. This distance shall be measured in a straight line, from the primary entry door of each business. This standard does not apply if the properties are bisected by a freeway or principal arterial street, as identified in the Taylorsville General Plan.

   C.   Operation Standards.

      1.   The maximum total occupancy of the facility shall be determined by the Building Official and Fire Marshal as part of the conditional use permit review and shall be posted at the main entrance and inside the facility.

      2.   Consecutive or repeated similar events shall not be held by the same customer.

      3.   Events shall comply with the Salt Lake County Health Department Noise Regulations, as amended.

      4.   Events shall terminate, meaning music is off and guests are vacating the premises, according to the following:

         a.   Events held within 250 feet of a residential district, measured from the nearest property line, shall terminate at 10:00 p.m., unless otherwise approved by the Planning Commission. In no case shall an event continue past 12:00 a.m. (midnight).

         b.   Events held more than 250 feet from a residential district shall terminate no later than 12:00 a.m. (midnight).

         c.   In all cases, the premises shall be completely vacated by all persons no later than one hour after the event’s designated termination time.

      5.   For events without alcohol, a minimum of one reception center employee shall be on-site for the duration of the event if it continues past 10:00 p.m. and 75 or more people are present.

   D.   Supplemental Information Required.

      1.   A noise mitigation report prepared by a licensed sound engineer, acoustician, or related professional may be required as part of the conditional use permit review. Additional noise and/or vibration mitigation efforts including, but not limited to soundproofing and noise reduction solutions may be required as part of the conditional use permit approval to reduce potentially negative impacts to adjacent land uses.

      2.   The current property owner shall provide a signed affidavit sworn before a notary public that certifies to the city that:

         a.   They are the current property owner of the subject property;

         b.   They have reviewed and are familiar with the reception center conditional use permit application contents along with any attached plans, exhibits, and other information;

         c.   That said contents are in all respects true and correct based upon their knowledge;

         d.   They understand that conditions of approval may be imposed and that they will receive a copy of the conditions; and

         e.   They understand the property owner(s) is responsible to ensure the facility is operating in compliance with applicable laws, including state and municipal ordinances.

   E.   On-Site Posting and Noticing Requirements

      1.   Prior to issuance of a business license, the Required Business Information form and associated conditions of approval shall be mailed to all property owners and residents within 300 feet of the reception center.

      2.   The conditional use permit approval letter and the Required Business Information Form must be posted so they are visible at all times on the exterior side of the main entrance of the reception center. The business owner or a designated representative shall be available at all times to immediately respond by telephone and, when necessary, be able to physically respond within one hour. If the owner is unreachable after three attempted contacts by Taylorsville City, a notice of violation will be issued.

      3.   Notices of violation or citations issued may warrant the review and suspension or revocation of the conditional use permit by the original approval authority.

   F.   On-Site Alcohol Consumption. For any event where alcohol is present on-site, the following shall apply:

      1.   The sale or distribution of alcoholic beverages on-site shall be in accordance with applicable regulations of the Utah Department of Alcoholic Beverage Services (DABS), the City of Taylorsville, and other applicable entities.

      2.   For events that continue past 10:00 p.m., a minimum of one reception center employee and one licensed and insured security guard per 75 people at the event shall be on-site for the duration of the event.

      3.   Alcohol shall only be served on-site by a person(s) with an active certification to serve alcohol in the state of Utah. (Ord. 24-12, 12-4-2024)