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Utah County Unincorporated
City Zoning Code

12 REGULATIONS

WITHIN ZONES

12.04 Declaration

It is hereby declared that the location, height, size of Buildings and other Structures, the percentage of Lot which may be occupied, the size of Yards, courts, and other open spaces, the uses of land, Buildings and Structures for trade, industry, Residence, recreation, public activities, or other purposes are regulated as set forth in this ordinance.

HISTORY
Amended by Ord. 2008-21 Housekeeping Update on 7/26/2008

12.08 RA-5 Residential Agricultural Zone

  1. Declaration of Legislative Intent: The RA-5 Residential Agricultural Zone covers that portion of Utah County which historically has been irrigated land and utilized for the growing of crops and the raising of Livestock. It includes that area of the county where the combination of soil quality, size of land Parcel, availability and supply of water, and other natural and man-caused factors make the land most appropriately suited for agricultural use. Although the main thrust of the RA-5 zone is to protect the farming industry, certain non-farm uses and Residences on Lots large enough to preclude conflict with the surrounding farms are allowed in the zone.

    It is hereby declared that the specific purposes and intent of the County Commission in establishing the RA-5 Residential Agricultural Zone are:
    1. To take advantage of the powers and more fully implement the basic purposes for planning and zoning set forth in Utah Code, as amended.
    2. To preserve agricultural land.
    3. To foster and protect agriculture from incompatible land uses.
    4. To coordinate rural Development in a way that is economical for the continuation of agriculture.
    5. To encourage the cultivation of crops and the raising and keeping of Livestock and related uses.
    6. To promote the conservation of water, land, and other resources.
    7. To maintain open space and agricultural areas near urban centers for the preservation of the environment.
    8. To avoid public service costs which result from the remoteness of urban uses. The specific regulations necessary for the accomplishment of the purposes outlined above are hereinafter set forth.
  2. Permitted Uses: The following shall be permitted in the RA-5 zone upon compliance with the standards and requirements as set forth in this ordinance:
    1. The care and keeping of domestic Livestock and fowl; and barns, stables, corrals, Feed Yards, pens, coops, other Structures for the keeping of such Livestock or fowl, and ancillary agricultural wastewater treatment lagoons, and systems, and related facilities when associated with an approved fowl or domestic Livestock operation and when such agricultural wastewater treatment is approved by the State Department of Environmental Quality, Division of Water Quality, or approved by other federal or state regulatory agencies with specific jurisdiction for agriculture wastewater.
    2. The raising of mink, and similar fur bearing animals, and the pens and sheds used in the raising of such animals.
    3. The production of fruit and crops in the field, packing plants for fruit and vegetables, and Office, restroom and shower facilities for such production of fruit and crops and packing plants.
    4. Agricultural Structures for the storage and keeping of farm products and farm machinery.
    5. Buildings and facilities for the fabrication and portion control (killing, skinning, and meat cutting) of domestic Livestock and poultry raised on the premise.
    6. Dairy farms, milking barns including an Office, or an independent Office Structure on the same site as the dairy, for the exclusive use of the dairy operation, also restrooms, showers, and Buildings and facilities for the processing and packaging of milk produced on the premise.
    7. Apiaries and establishments for extracting and processing honey.
    8. Kennels subject to the provisions of UCLUO 8.120.
    9. Fish hatcheries for the raising of game fish or fish for human consumption.
    10. Plant and tree nurseries, greenhouses, and associated Structures for the sale of plant stock grown on the premises.
    11. Incidental Produce Stands, and Farmers’ Markets, subject to the provisions of UCLUO 8.28.
    12. The boarding of horses within a Structure or in the open field.
    13. One-Family Dwellings and manufactured homes.
    14. Residential Accessory Structures, when located on the same Parcel as the Dwelling to which such Structures are appurtenant.
    15. Home Child Care and/or private preschools.
    16. Home Occupations, subject to the provisions of UCLUO 8.20.
    17. Churches and other Structures for religious worship, and churches with a parsonage.
    18. Public Parks and Public Park Facilities, public information Structures and rest areas, and public historical monuments.
    19. Landscape Parks.
    20. Man-made lakes, ponds, dams and other uncovered water impoundments if such are under ten (10) acre feet in capacity; and covered water tanks which do not extend over twenty (20) feet, measured from average natural Grade to the highest point of the Structure including any object mounted or attached to the water tank.
    21. Marinas, subject to the provisions of UCLUO 8.32.
    22. Fences, walls, and landscaping, subject to the provisions of UCLUO 4.76.
    23. Signs, subject to the provisions of UCLUO 8.24.
    24. A Cellular telephone, radio, television, or other microwave transmission facility which has a license from the Federal Communication Commission or its successor agency.
    25. Oil, gas, and water wells, and appurtenant pipelines, pumps and pump houses.
    26. Private Roping and Riding Arenas that do not have lights.
    27. Windmills.
    28. Buildings and appurtenant grounds and facilities, when such are owned and occupied by a governmental agency and used for one or more of the following:
      1. Fire and police stations, plus Buildings housing ambulance and similar emergency service Vehicles and equipment.
      2. Buildings and Yards for the storage and upkeep of Vehicles and equipment required for the maintenance and operation of Roads, utility systems and other functions of a governmental entity.
      3. Office Buildings housing the administrative and governmental activities of the agency; group assembly rooms; and post Offices.
    29. Buildings and facilities for the repair of Agricultural Equipment and Agricultural Vehicles as an accessory use to the Dwelling in which the owner of the repair business resides, subject to the provisions of UCLUO 8.104.
    30. Equine Reproduction and/or Rehabilitation Facility and accessory Structures and uses including animal shelters and enclosures, Office, pools, laboratory, and arena.
    31. Camping on private property by property owners and their permitted guests. In this zone, permitted guests do not include those individuals who arrange to camp overnight on the owner’s property through a reservation system regardless of whether the individual making the reservation paid to camp overnight on the property.
    32. A Hunting Preserve or shotgun Shooting Range and accessory Structures and uses, subject to the provisions of UCLUO 8.112.
    33. Accessory Dwelling Unit located on the same Lot or Parcel as the Dwelling to which it is accessory to, subject to the provisions of UCLUO 8.116.
    34. Temporary uses and Structures subject to the provisions of UCLUO 8.16.
    35. A planned Subdivision which has been approved according to the provisions of UCLUO 14.
    36. The assembly and sale of High Tunnels or Hoophouses, subject to UCLUO 8.124
  3. Permitted Conditional Uses: In the RA-5 zone the following shall not be permitted by the Zoning Administrator unless approval of a Conditional Use has been authorized in accordance with this land use ordinance by the designated reviewing agency:
    1. A man-made lake, pond, dam or other uncovered water reservoir over ten (10) acre feet in capacity, or a covered water tank which extends over twenty (20) feet above average natural Grade, when approved by the Planning Commission as a Conditional Use according to the provisions of UCLUO 16.
    2. A preschool, primary School, or secondary School which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 16.
    3. A Nursing Home which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 16.
    4. Private Roping and Riding Arenas with lights and Commercial Roping and Riding Arenas which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 16.
    5. A helicopter pad, landing strip, flying field, or Airport, including terminal and aircraft storage facilities which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 8.48 and UCLUO 16.
    6. A Landscape Park Recreational Facility which is within a Landscape Park and which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 4, UCLUO 6, and UCLUO 8 and UCLUO 16.
    7. A cemetery which that Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 8.72 and UCLUO 16.
    8. An agricultural accessory use for the production of value-added agricultural products which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 16 and which conforms to all of the following standards:
      1. The subject Parcel of property shall be located in an Agriculture Protection Area, as defined in state code.
      2. The property shall not be less than five (5) acres in area.
      3. The property owner shall designate the specific agricultural product for which the value-added use is requested (the “Pre-Value-Added Product”) and shall designate the value-added agricultural product which will be produced (the “Value-Added Product”).
      4. The area of the property used for the value-added agricultural use shall not exceed two and one-half (2 1/2) acres, and the area of the property devoted to the active agricultural production of the Pre-Value Added Product, shall not be less than fifty percent (50%) of the total area of the property.
      5. The Value-Added Product shall contain not less than fifty percent (50%), by weight, of the Pre-Value-Added Product as determined when the Value-Added Product leaves the property.
      6. As determined each consecutive two (2) years, not less than fifty percent (50%) of the Pre-Value-Added Product shall be grown or produced exclusively on the property or on other property located in Utah County which:
        1. either has identical ownership as the property or is leased by a lessee which is identical to the ownership of the property;
        2. has a direct relationship to the total agricultural enterprise;
        3. makes a significant contribution to the total production of the agricultural enterprise; and
        4. is assessed under the Farmland Assessment Act, Utah Code, as amended.
      7. The Planning Commission may establish the maximum daily hours of operation of the agricultural accessory use, the permitted days of operation, the maximum noise levels as measured at any boundary of the Property, the maximum number and size of transport Vehicles, required buffers or visual barriers, dust control measures, odor control measures, traffic and Road usage restrictions, and other items deemed appropriate by the Planning Commission to mitigate public health and safety concerns or to address the standards of UCLUO 16.
      8. Value-added production processes which include the rendering of any animal or animal product shall not be permitted.
      9. The value-added use shall be found to be compatible with both the existing residential uses and the potential future residential uses in the zone.
      10. Only the designated and approved Value-Added Product shall be produced.
    9. A Livestock auction Yard, including Livestock pens, auction facilities and Structures, and public and Livestock transport parking, which is for the sale of domestic Livestock only and has been approved by the Planning Commission as a Conditional Use according to the provisions of UCLUO 16.
    10. Buildings and facilities for a veterinarian licensed by the State of Utah engaged in the practice of treating domestic Livestock, which may include the treatment of other small animals, which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 8.100 and UCLUO 16.
    11. A Reception Center which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 8.96 and UCLUO 16.
  4. Area Requirements: The minimum area of a zoning Lot within the RA-5 zone shall be as follows:
    1. Each one-Family Dwelling, manufactured home, Nursing Home, planned Subdivision, preschool, primary School, secondary School, Landscape Park, Livestock auction Yard, Roping and Riding Arenas, or veterinary facility, shall be on a Lot containing at least five (5) acres of land.
    2. Each church or other Structure for religious worship shall be located on a Lot containing at least two and one-half (2 1/2) acres of land; each church with a parsonage shall be on a Lot containing at least five (5) acres of land.
    3. Each private, private rescue, commercial or commercial rescue Kennel shall be on a Parcel with a minimum area of five (5) acres and located on the same Parcel as the Dwelling to which it is accessory.
    4. Each Agricultural Equipment and Agricultural Vehicle repair facility, including the one-Family Dwelling to which it is accessory, shall be on a Parcel with a minimum area of five (5) acres. Exception: Each Agricultural Equipment and Agricultural Vehicle repair facility with an existing one-family Dwelling on a Parcel recognized as legal nonconforming shall be on a Parcel with a minimum area of three (3) acres.
    5. Equine Reproduction and/or Rehabilitation Facility with or without a one-Family Dwelling shall be on a Lot containing at least five (5) acres of land.
    6. A Reception Center, with or without a one-Family Dwelling, shall be on a Lot or Parcel with a minimum size of ten (10) acres following any required Road right-of-way dedication.
    7. For other permitted Structures and uses, there shall be no minimum area requirement except as may be necessary to meet the other provisions of this land use ordinance.
  5. Width Requirements: The minimum width of a zoning lot within the RA-5 zone shall be as follows:
    1. For each one-Family Dwelling, manufactured home, Nursing Home, preschool, primary School, secondary School, Landscape Park, Roping and Riding Arena, Livestock auction Yard, veterinary facility, or Equine Reproduction and/or Rehabilitation Facility, the minimum width of the Lot at any point between the Frontage and the Structure shall be two hundred fifty (250) feet.
    2. For each church or other Structure for public worship, or church with a parsonage, the minimum width of the Lot at any point between the Frontage and the Structure shall be two hundred fifty (250) feet.
    3. For each Agricultural Equipment and Agricultural Vehicle repair facility, including the one-Family Dwelling to which it is accessory, the minimum width of the Lot at any point between the Frontage and the Dwelling shall be two hundred fifty (250) feet.
      Exception: For each Agricultural Equipment and Agricultural Vehicle repair facility with an existing one-Family Dwelling on a Parcel recognized as legal nonconforming, the minimum width of the Parcel at any point between the Frontage and the Dwelling shall be one hundred (100) feet.
    4. For a Reception Center, with or without a one-Family Dwelling, the minimum width of the Lot or Parcel at any point between the Frontage and Structure shall be five hundred (500) feet.
    5. For other permitted uses and Structures, there shall be no minimum width requirement, except as may be necessary to meet the other provisions of this land use ordinance.
  6. Location Requirements: The minimum location requirements within the RA-5 zone shall be as follows:
    1. Front Setback: All Buildings and Structures, other than certain public facilities, landscaping features and Fences which meet the standards of UCLUO 4, UCLUO 6, and UCLUO 8, shall have a front Setback of at least thirty (30) feet, unless an alternate Setback is required or allowed by UCLUO 4, UCLUO 6, and UCLUO 8.
    2. Side and Rear Setback: All Buildings and Structures, other than landscaping features and Fences which meet the standards of UCLUO 4, UCLUO 6, and UCLUO 8, shall have a side and rear Setback of at least fifteen (15) feet, unless an alternate Setback is required or allowed by UCLUO 4, UCLUO 6, and UCLUO 8.
  7. Height Requirements: The height requirements within the RA-5 Zone shall be as follows:
    1. The maximum permissible height of any Structure shall be forty (40) feet as determined by the currently adopted Building construction codes of Utah County or by any future edition of these codes that may be adopted, except for the following:
      1. An antenna of a “Stealth Telecommunications Transmission Facility” may exceed the initial elevation of the existing transmission tower, utility pole, or other existing Building or Structure to which it is attached by no more than 10 feet.
      2. For large-scale utility line Structures, there shall be no maximum height.
      3. The maximum height for Windmills shall be 55 feet measured from finished Grade to the highest point of the Windmill blade.
      4. The maximum height for a cellular telephone, radio, television, or other microwave transmission facility shall be 80 feet.
      5. For unoccupied Structures not referenced in 12.08(G)(1)(a)-(d), the Planning Commission may approve a Conditional Use for a height in excess of 40 feet according to the terms of UCLUO 16.
      6. Note: The provisions of the APO Airport Overlay Zone, Setback standards, or other provisions of the ordinance may result in a lesser height than that stated above.
  8. Special Requirements:
    1. The Yards around Buildings shall be kept free of debris, refuse, weeds, and other flammable material which may constitute a fire or health hazard.
    2. No Building site, street, driveway, or other cut or Fill shall be made so the side Slopes exceed the Critical Angle of Repose of the soil unless engineered retaining Structures are approved and constructed.
    3. The Grade of driveways which serve a Dwelling unit or other occupied Structure shall not exceed twelve (12) percent.
  9. Supplementary Regulations: Uses within this zone shall also comply with the applicable requirements set forth in UCLUO 4, UCLUO 6, and UCLUO 8, entitled Supplementary Requirements and Procedures Applicable Within Zones and all other provisions of this land use ordinance.
HISTORY
Amended by Ord. 1997-13 Updated Height Requirements of Occupied Buildings on 5/20/1997
Amended by Ord. 1998-14 Updated Residential Facilities for People with Disabilities on 10/27/1998
Amended by Ord. 1999-09 Updated Construction Equipment Training Facility on 7/15/1999
Amended by Ord. 1999-11 Updated Youth Group Homes with Residential Treatment Center on 10/26/1999
Amended by Ord. 1999-17 Updated Height Requirements on 1/25/2000
Amended by Ord. 1999-22 Updated Value Added Agriculture on 1/25/2000
Amended by Ord. 1998-14A Updated Farmer's Market on 7/31/2000
Amended by Ord. 2000-19 Updated Stealth Telecommunication Transmission Facilities and Height on 8/28/2000
Amended by Ord. 2002-01 Updated Basement and Above Grade Storage/Caretaker Dwellings on 2/3/2002
Amended by Ord. 2002-31 Updated Agricultural Waivers of Subdivision on 10/7/2002
Amended by Ord. 2003-12 Updated Electrical Power Generation Plant on 5/28/2003
Amended by Ord. 2003-29 Updated Office Structure on 12/14/2003
Amended by Ord. 2003-38 Updated Electronic Impact Analysis on 12/14/2003
Amended by Ord. 2004-27 Updated Special Exemptions on 11/8/2004
Amended by Ord. 2005-19 Updated Height Requirements on 6/1/2005
Amended by Ord. 2006-21 Updated Permitted Use Private Schools on 6/2/2006
Amended by Ord. 2006-36 Updated Area Requirement for Subdivision on 10/25/2006
Amended by Ord. 2007-09 Deleted Premises Occupation on 3/20/2007
Amended by Ord. 2007-20 Updated Area Requirements for Ag Land on 8/22/2007
Amended by Ord. 2008-10 Updated office, restroom and shower with production on 4/13/2008
Amended by Ord. 2008-13 Updated Pens/Domestic Livestock on 5/14/2008
Amended by Ord. 2008-21 Housekeeping Update on 7/26/2008
Amended by Ord. 2008-31 Updated Water & Sewage Treatment Plants on 1/10/2009
Amended by Ord. 2009-26 Updated Schools on 8/28/2009
Amended by Ord. 2009-32 Updated Care and Keeping of Livestock on 10/11/2009
Amended by Ord. 2010-7 Updated Residential Treatment Center on 5/28/2010
Amended by Ord. 2010-14 Updated Boarding Schools on 7/23/2010
Amended by Ord. 2010-22 Updated Kennel Requirements on 11/8/2010
Amended by Ord. 2010-23 Updated Roping and Riding Arenas on 11/8/2010
Amended by Ord. 2011-29 Updated Exception to Maximum Height on 8/23/2011
Amended by Ord. 2014-7 Updated Residential Treatment Center and Residential Facility on 8/13/2014
Amended by Ord. 2014-17 Updated Veterinary Facilites on 1/13/2015
Amended by Ord. 2015-6 Updated Kennels on 3/25/2015
Amended by Ord. 2017-11 Updated Agricultural on 8/2/2017
Amended by Ord. 2018-15 Updated Equine Reproduction/Rehab Facility Use on 9/7/2018
Amended by Ord. 2018-17 Updated Dwelling Unit & Floor Area on 9/13/2018
Amended by Ord. 2018-23 Updated Home Child Care on 11/1/2018
Amended by Ord. 2018-29 Updated Hunting and Shooting Facilities on 1/24/2019
Amended by Ord. 2019-29 Updated Accessory Dwelling Units on 11/1/2019
Amended by Ord. 2021-258 Clarification of the height exception for stealth telecommunications transmission facility on 4/9/2021
Amended by Ord. 2021-257 Clarify temporary uses as a permitted us in the zone. on 4/9/2021
Amended by Ord. 2021-751 Reception Centers on 8/11/2021
Amended by Ord. 2021-812 Updated Minimum Ground Floor Requirement on 8/15/2021
Amended by Ord. 2022-696 on 8/24/2022
Amended by Ord. 2022-1188 Updated 12.08-G Height on 2/6/2023
Amended by Ord. 2023-251 Updated Kennels on 3/23/2023
Amended by Ord. 2024-57 Updated Conditional Use on 2/8/2024
Amended by Ord. 2024-228 Updated Water Tanks on 4/12/2024
Amended by Ord. 2024-230 Updated Subdivisions on 4/15/2024
Amended by Ord. 2024-288 Updated Hoop Houses on 5/3/2024

12.12 RR-5 Rural Residential Zone

  1. Declaration of Legislative Intent: The RR-5 Rural Residential Zone covers certain agricultural and open space areas of the unincorporated portions of the county which have been designated in the General Plan for low-Density residential Development and agriculture. The area included within the zone is composed of relatively small Parcels of land which are used for agricultural purposes but where residential use is increasing. The Zone may also facilitate the creation on new incorporated municipalities where services are available or have been provided by the developer.

    It is hereby declared that the specific purposes and intent of the County Commission in establishing the RR-5 Rural Residential Zone are:
    1. To take advantage of the powers and more fully implement the basic purposes for planning and zoning set forth in Utah Code, as amended.
    2. To provide a suitable location for residential use in the unincorporated area.
    3. To provide a location where a minimum amount of conflict exists between residential and agricultural uses.
    4. To encourage the cultivation of crops and raising of Livestock and help preserve agricultural land.
    5. To bring about the implementation of the county's General Plan.
    6. To provide for the transition of certain lands in unincorporated Utah County into a new incorporated municipality.
      The specific regulations necessary for the accomplishment of the purposes outlined above are hereinafter set forth.
  2. Permitted Uses: The following shall be permitted in the RR-5 zone upon compliance with the standards and requirements as set forth in this ordinance:
    1. One-Family Dwellings and manufactured homes.
    2. Residential Accessory Structures, when located on the same Lot as the Dwelling to which such Structures are appurtenant, subject to the maximum Lot Building coverage requirements of this section.
    3. Home Child Care and/or private preschools.
    4. Home Occupations, subject to the provisions of UCLUO 8.20.
    5. Churches and other Structures for religious worship, and churches with a parsonage.
    6. The pasturing of domestic Livestock and the keeping of fowl for personal use. Also barns, sheds, pens and coops for keeping such Livestock and fowl, subject to the maximum Lot Building coverage requirements of this section.
    7. The production of fruits and crops in the field.
    8. Agricultural Structures for the storage and keeping of farm products and farm machinery, subject to the maximum Lot Building coverage requirements of this section.
    9. Plant and tree nurseries and greenhouses, subject to the maximum Lot Building coverage requirements of this section.
    10. Public Parks and Public Park Facilities, and public historical monuments.
    11. Landscape Parks.
    12. Man-made lakes, ponds, dams and other uncovered impoundments if such are under ten (10) acre feet in capacity; and covered water tanks which do not extend over twenty (20) feet, measured from average natural Grade to the highest point of the Structure including any object mounted or attached to the water tank.
    13. Fences, walls, and landscaping, subject to the provisions of UCLUO 4.76.
    14. Signs, subject to the provisions of UCLUO 8.24.
    15. Water wells and appurtenant pipelines, pumps and pump houses.
    16. Camping on private property by property owners and their permitted guests. In this zone, permitted guests do not include those individuals who arrange to camp overnight on the owner’s property through a reservation system regardless of whether the individual making the reservation paid to camp overnight on the property.
    17. Accessory Dwelling Unit located on the same Lot or Parcel as the Dwelling to which it is accessory to, subject to the provisions of UCLUO 8.116.
    18. Temporary uses and Structures subject to the provisions of UCLUO 8.16.
    19. A planned Subdivision which has been approved according to the provisions of UCLUO 14.
  3. Permitted Conditional Uses: In the RR-5 zone the following shall not be permitted by the Zoning Administrator unless approval of a Conditional Use permit has been authorized in accordance with the zoning ordinance by the designated reviewing agency:
    1. A man-made lake, pond, dam or other uncovered water reservoir over ten (10) acre feet in capacity, or a covered water tank which extends over twenty (20) feet above average natural Grade, when approved by the Planning Commission as a Conditional Use according to the provisions of UCLUO 16.
    2. A preschool, primary School, or secondary School which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 16.
    3. A Nursing Home which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 16.
  4. Area Requirements: The minimum area of a zoning Lot within the RR-5 zone shall be as follows:
    1. Each one-Family Dwelling, manufactured home, Nursing Home, preschool, primary School or secondary School, shall be on a Lot containing at least five (5) acres of land; however, the minimum area required for a Lot within an approved, recorded, platted Development, including a Large-scale Development, for a one-Family Dwelling or manufactured home, shall be as set forth on the approved, recorded, Development plat, and the minimum area required for a nonconforming Lot of record, for a one-Family Dwelling or manufactured home, shall be as set forth in UCLUO 1 and UCLUO 2.
    2. Each church or other Structure for religious worship shall be located on a Lot containing at least two and one-half (2 1/2) acres of land; each church with a parsonage shall be on a Lot containing five (5) acres of land.
    3. For the pasturing of domestic Livestock; the minimum Lot area for one head of Livestock shall be one acre plus an additional one-half acre for each additional head of Livestock.
    4. For other permitted Structures and uses, there shall be no minimum area requirement except as may be necessary to meet the other provisions of this ordinance.
  5. Width Requirements: The minimum width of a zoning Lot within the RR-5 zone shall be as follows:
    1. For each one-Family Dwelling, manufactured home, Home Occupation, Nursing Home, church or church with a parsonage, preschool, primary School or secondary School, the minimum width of the Lot at any point between the Frontage and the Structure shall be two hundred fifty (250) feet.
    2. For other permitted Structures and uses, there shall be no minimum width requirements except as may be required under other provisions of this ordinance.
  6. Location Requirements: The minimum location requirements within the RR-5 zone shall be as follows:
    1. Front Setback: All Buildings and Structures, other than certain public facilities, landscaping features and Fences which meet the standards of UCLUO 4, UCLUO 6, and UCLUO 8, shall have a front Setback of at least thirty (30) feet, unless an alternate Setback is required or allowed by UCLUO 4, UCLUO 6, and UCLUO 8.
    2. Side and Rear Setback: All Buildings and Structures, other than landscaping features and Fences which meet the standards of UCLUO 4, UCLUO 6, and UCLUO 8 shall have a side and rear Setback of at least fifteen (15) feet, unless an alternate Setback is required or allowed by UCLUO 4, UCLUO 6, and UCLUO 8, or as provided for below:
      1. A Residential Accessory Structure, including a Detached Accessory Dwelling Unit, with a Floor Area of 1,500 square feet or less may have a minimum Setback of ten (10) feet.

Exception: The minimum Setback shall be the approved Setback line where such line has been shown on a recorded Large-scale Development plat which has a water system supplying hydrants with fire flow amounts meeting current Utah County standards.

  1. Height Requirements: The height requirements within the RR-5 Zone shall be as follows:
    1. The maximum permissible height of any Structure shall be forty (40) feet, and any detached Residential Accessory Structure, Livestock, fowl or farm storage Structure, or greenhouse shall be twenty-four (24) feet as determined by the currently adopted Building construction codes of Utah County or by any future edition of these codes that may be adopted, except the following:
      1. An antenna of a “Stealth Telecommunications Transmission Facility” may exceed the initial elevation of the existing transmission tower, utility pole, or other existing Building or Structure to which it is attached by no more than 10 feet.
      2. For large-scale utility line Structures, there shall be no maximum height.
      3. For unoccupied Structures not referenced in 12.12(G)(1)(a) and (b), the Planning Commission may approve a Conditional Use for a height in excess of 40 feet according to the terms of UCLUO 16.
      4. Note: The provisions of the APO Airport Overlay Zone, Setback standards, or other provisions of the ordinance may result in a lesser height than that stated above.
  2. Special Requirements:
    1. The Yards around Buildings shall be kept free of debris, refuse, weeds, and other flammable material which may constitute a fire hazard.
    2. No Building site, street, driveway, or other cut or Fill shall be made so the side Slopes exceed the Critical Angle of Repose of the soil unless engineered retaining structures are approved and constructed.
    3. The Grade of driveways which serve a Dwelling unit or other occupied Structure shall not exceed twelve (12) percent.
  3. Maximum Lot Building Coverage: All Buildings, with the exception of a Dwelling, shall not exceed a maximum Lot Building coverage of fifteen percent (15%). Lot Building coverage shall include all Building areas covered by a roof or roof Structure.
    1. All Buildings shall meet all adopted Building, fire, and health codes and requirements.
  4. Supplementary Regulations: Uses within this zone shall also comply with the applicable requirements set forth in UCLUO 4, UCLUO 6, and UCLUO 8, entitled Supplementary Requirements and Procedures Applicable Within Zones and all other provisions of the land use ordinance.
HISTORY
Amended by Ord. 1997-13 Updated Height Requirements of Occupied Buildings on 5/20/1997
Amended by Ord. 1998-14 Updated Residential Facilities for People with Disabilities on 10/27/1998
Amended by Ord. 1999-11 Updated Youth Group Homes with Residential Treatment Center on 10/26/1999
Amended by Ord. 1999-17 Updated Height Requirements on 1/25/2000
Amended by Ord. 1999-25 Updated Barn & Storage Building Size on 1/25/2000
Amended by Ord. 2000-19 Updated Stealth Telecommunication Transmission Facilities and Height on 8/28/2000
Amended by Ord. 2002-01 Updated Basement and Above Grade Storage/Caretaker Dwellings on 2/3/2002
Amended by Ord. 2002-15 Updated Accessory, Farm and Greenhouse Structures on 7/18/2002
Amended by Ord. 2002-31 Updated Agricultural Waivers of Subdivision on 10/7/2002
Amended by Ord. 2004-27 Updated Special Exemptions on 11/8/2004
Amended by Ord. 2005-19 Updated Height Requirements on 6/1/2005
Amended by Ord. 2006-21 Updated Permitted Use Private Schools on 6/2/2006
Amended by Ord. 2007-20 Updated Area Requirements for Ag Land on 8/22/2007
Amended by Ord. 2008-21 Housekeeping Update on 7/26/2008
Amended by Ord. 2008-31 Updated Water & Sewage Treatment Plants on 1/10/2009
Amended by Ord. 2008-34 Updated Intent and Location on 1/10/2009
Amended by Ord. 2010-6 Housekeeping Update on 4/19/2010
Amended by Ord. 2010-7 Updated Residential Treatment Center on 5/28/2010
Amended by Ord. 2011-14 Updated PUD and Manufactured Home Park on 5/3/2011
Amended by Ord. 2014-7 Updated Residential Treatment Center and Residential Facility on 8/13/2014
Amended by Ord. 2017-23 Updated Requirements for Planned Subdivision on 12/9/2017
Amended by Ord. 2018-17 Updated Dwelling Unit, Setback and Camping on 9/13/2018
Amended by Ord. 2018-23 Updated Home Child Care on 11/1/2018
Amended by Ord. 2018-32 Updated Lot Coverage for Additional Structures on 1/24/2019
Amended by Ord. 2019-29 Updated Accessory Dwelling Units on 11/1/2019
Amended by Ord. 2020-375 Updated Planned Unit Developments on 6/10/2020
Amended by Ord. 2021-258 Clarification of the height exception for stealth telecommunications transmission facility on 4/9/2021
Amended by Ord. 2021-257 Clarify temporary uses as permitted uses in zone. on 4/9/2021
Amended by Ord. 2021-812 Updated Minimum Ground Floor Requirement on 8/15/2021
Amended by Ord. 2022-696 on 8/24/2022
Amended by Ord. 2024-57 Updated Conditional Use on 2/8/2024
Amended by Ord. 2024-228 Updated Water Tanks on 4/12/2024
Amended by Ord. 2024-230 Updated Subdivisions on 4/15/2024
Amended by Ord. 2025-623 Updated Side and Rear Setbacks on 7/28/2025

12.16 TR-5 Transitional Residential Zone

  1. Declaration of Legislative Intent: The TR-5 Transitional Residential Zone covers land which abuts on or lies adjacent to the boundaries of existing municipalities. The area is characterized by open land that is interspersed with residential Dwellings.

    It is hereby declared that the specific purposes and intent of the County Commission in establishing the TR-5 Transitional Residential Zone are:
    1. To take advantage of the powers and more fully implement the basic purposes for planning and zoning set forth in Utah Code, as amended.
    2. To provide for the conversion of open land by facilitating incorporation or annexation to a municipality.
    3. To provide an efficient, economical Development process for the change from rural to developed lands.
    4. To more fully bring about the implementation of the Utah County General Plan.
      The specific regulations necessary for the accomplishment of the purposes outlined above are hereinafter set forth.
  2. Permitted Uses: The following shall be permitted in the TR-5 zone upon compliance with the standards and requirements as set forth in this ordinance:
    1. One-Family Dwellings and manufactured homes.
    2. Residential Accessory Structures, when located on the same Lot as the Dwelling to which such Structures are appurtenant, subject to the maximum Lot Building coverage requirements of this section.
    3. Home Child Care and/or private preschools.
    4. Home Occupations, subject to the provisions of UCLUO 8.20.
    5. Churches and other Structures for religious worship, and churches with a parsonage.
    6. The pasturing of domestic Livestock and the keeping of fowl for personal use. Also barns, sheds, pens and coops for keeping such Livestock and fowl, subject to the maximum Lot Building coverage requirements of this section.
    7. The production of fruits and crops in the field and Produce Stands, subject to the provisions of UCLUO 8.28.
    8. Agricultural Structures for the storage and keeping of farm products and farm machinery, subject to the maximum Lot Building coverage requirements of this section.
    9. Plant and tree nurseries and greenhouses, subject to the maximum Lot Building coverage requirements of this section.
    10. Public Parks and Public Park Facilities, and public historical monuments.
    11. Landscape Parks.
    12. Man-made lakes, ponds, dams and other uncovered impoundments if such are under ten (10) acre feet in capacity; and covered water tanks which do not extend over twenty (20) feet, measured from average natural Grade to the highest point of the Structure including any object mounted or attached to the water tank.
    13. Fences, walls, and landscaping, subject to the provisions of UCLUO 4.76.
    14. Signs, subject to the provisions of UCLUO 8.24.
    15. Water wells and appurtenant pipelines, pumps and pump houses.
    16. Camping on private property by property owners and their permitted guests. In this zone, permitted guests do not include those individuals who arrange to camp overnight on the owner’s property through a reservation system regardless of whether the individual making the reservation paid to camp overnight on the property.
    17. Accessory Dwelling Unit located on the same Lot or Parcel as the Dwelling to which it is accessory to, subject to the provisions of UCLUO 8.116.
    18. Temporary uses and Structures subject to the provisions of UCLUO 8.16.
    19. A planned Subdivision which has been approved according to the provisions of UCLUO 14.
  3. Permitted Conditional Uses: In the TR-5 zone the following shall not be permitted by the Zoning Administrator unless approval of a Conditional Use permit has been authorized in accordance with the land use ordinance by the designated reviewing agency:
    1. A man-made lake, pond, dam or other uncovered water reservoir over ten (10) acre feet in capacity, or a covered water tank which extends over twenty (20) feet above average natural Grade, when approved by the Planning Commission as a Conditional Use according to the provisions of UCLUO 16.
    2. A preschool, primary School, or secondary School which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 16.
    3. A Nursing Home which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 16.
  4. Area Requirements: The minimum area of a zoning Lot within the TR-5 zone shall be as follows:
    1. Each one-Family Dwelling, manufactured home, Nursing Home, planned Subdivision, preschool, primary School, secondary School, and Produce Stand, shall be on a Lot containing at least five (5) acres of land.
    2. Each church or other Structure for religious worship shall be located on a Lot containing at least two and one-half (2 1/2) acres of land; each church with a parsonage shall be on a lot containing five (5) acres of land.
    3. The pasturing of domestic Livestock; the minimum Lot area for one head of Livestock shall be one acre, plus an additional one-half acre for each additional head of Livestock.
    4. For other permitted Structures and uses, there shall be no minimum area requirement except as may be necessary to meet the other provisions of this ordinance.
  5. Width Requirements: The minimum width of a zoning Lot within the TR-5 zone shall be as follows:
    1. For each one-Family Dwelling, manufactured home, Nursing Home, preschool, primary School or secondary School, the minimum width of the Lot at any point between the Frontage and the Structure shall be two hundred fifty (250) feet.
    2. For each church or other Structure for religious worship, or church with parsonage, the minimum width of the Lot at any point between the Frontage and the Structure shall be two-hundred fifty (250) feet.
    3. For other permitted Structures and uses, there shall be no minimum width requirements except as may be required under other provisions of this ordinance.
  6. Location Requirements: The minimum location requirements within the TR-5 zone shall be as follows:
    1. Front Setback: All Buildings and Structures, other than certain public facilities, landscaping features and Fences which meet the standards of UCLUO 4, UCLUO 6, and UCLUO 8, shall have a front Setback of at least thirty (30) feet, unless an alternate Setback is required or allowed by UCLUO 4, UCLUO 6, and UCLUO 8.
    2. Side and Rear Setback: All Buildings and Structures, other than landscaping features and Fences which meet the standards of UCLUO 4, UCLUO 6, and UCLUO 8, shall have a side and rear Setback of at least fifteen (15) feet, unless an alternate Setback is required or allowed by UCLUO 4, UCLUO 6, and UCLUO 8, or as provided for below:
      1. A Residential Accessory Structure, including a Detached Accessory Dwelling Unit, with a Floor Area of 1,500 square feet or less may have a minimum Setback of ten (10) feet.

Exception: The minimum Setback shall be the approved Setback line where such line has been shown on a recorded Large-scale Development plat which has a water system supplying hydrants with fire flow amounts meeting current Utah County standards.

  1. Height Requirements: The height requirements within the TR-5 Zone shall be as follows:
    1. The maximum permissible height of any Structure shall be forty (40) feet, and any detached Residential Accessory Structure, Livestock, fowl or farm storage Structure, or greenhouse shall be twenty-four (24) feet as determined by the currently adopted Building construction codes of Utah County or by any future edition of these codes that may be adopted, except for the following:
      1. An antenna of a “Stealth Telecommunications Transmission Facility” may exceed the initial elevation of the existing transmission tower, utility pole, or other existing Building or Structure to which it is attached by no more than 10 feet.
      2. For large-scale utility line Structures, there shall be no maximum height.
      3. For unoccupied Structures not referenced in 12.16(G)(1)(a) and (b), the Planning Commission may approve a Conditional Use for a height in excess of 40 feet according to the terms of UCLUO 16.
      4. Note: The provisions of the APO Airport Overlay Zone, Setback standards, or other provisions of the ordinance may result in a lesser height than that stated above.
  2. Special Requirements:
    1. The Yards around Buildings shall be kept free of debris, refuse, weeds, and other flammable material which may constitute a fire hazard.
    2. No Building site, street, driveway, or other cut or Fill shall be made so the side Slopes exceed the Critical Angle of Repose of the soil unless engineered retaining Structures are approved and constructed.
    3. The Grade driveways which serve a Dwelling unit or other occupied Structure shall not exceed twelve (12) percent.
    4. Maximum Lot Building Coverage: All Buildings, with the exception of a Dwelling, shall not exceed a maximum Lot Building coverage of fifteen percent (15%). Lot Building coverage shall include all Building areas covered by a roof or roof Structure.
      1. All Buildings shall meet all adopted Building, fire, and health codes and requirements.
  3. Supplementary Regulations: Uses within this zone shall also comply with the applicable requirements set forth in UCLUO 4, UCLUO 6, and UCLUO 8, entitled Supplementary Requirements and Procedures Applicable Within Zones and all other provisions of the land use ordinance.
HISTORY
Amended by Ord. 1997-13 Updated Height Requirements of Occupied Buildings on 5/20/1997
Amended by Ord. 1998-14 Updated Residential Facilities for People with Disabilities on 10/27/1998
Amended by Ord. 1999-11 Updated Youth Group Homes with Residential Treatment Center on 10/26/1999
Amended by Ord. 1999-17 Updated Height Requirements on 1/25/2000
Amended by Ord. 1999-25 Updated Barn & Storage Building Size on 1/25/2000
Amended by Ord. 2000-19 Updated Stealth Telecommunication Transmission Facilities and Height on 8/28/2000
Amended by Ord. 2002-01 Updated Basement and Above Grade Storage/Caretaker Dwellings on 2/3/2002
Amended by Ord. 2002-15 Updated Accessory, Farm and Greenhouse Structures on 7/18/2002
Amended by Ord. 2002-31 Updated Agricultural Waivers of Subdivision on 10/7/2002
Amended by Ord. 2004-27 Updated Special Exemptions on 11/8/2004
Amended by Ord. 2005-19 Updated Height Requirements on 6/1/2005
Amended by Ord. 2006-21 Updated Permitted Use Private Schools on 6/2/2006
Amended by Ord. 2007-20 Updated Area Requirements for Ag Land on 8/22/2007
Amended by Ord. 2008-21 Housekeeping Update on 7/26/2008
Amended by Ord. 2008-31 Updated Water & Sewage Treatment Plants on 1/10/2009
Amended by Ord. 2010-6 Housekeeping Update on 4/19/2010
Amended by Ord. 2010-7 Updated Residential Treatment Center on 5/28/2010
Amended by Ord. 2011-14 Updated PUD and Manufactured Home Park on 5/3/2011
Amended by Ord. 2012-25 Updated Product Stands on 9/28/2012
Amended by Ord. 2014-7 Updated Residential Treatment Center and Residential Facility on 8/13/2014
Amended by Ord. 2018-17 Updated Dwelling Unit, Setback and Camping on 9/13/2018
Amended by Ord. 2018-22 Updated Home Child Care on 10/10/2018
Amended by Ord. 2018-23 Updated Home Child Care on 11/1/2018
Amended by Ord. 2018-32 Updated Lot Coverage for Additional Structures on 1/24/2019
Amended by Ord. 2019-29 Updated Accessory Dwelling Units on 11/1/2019
Amended by Ord. 2020-375 Updated Planned Unit Developments on 6/10/2020
Amended by Ord. 2021-258 Clarification of the height exception for stealth telecommunications transmission facility on 4/9/2021
Amended by Ord. 2021-257 Clarify temporary uses as permitted uses in zone. on 4/9/2021
Amended by Ord. 2021-812 Updated Minimum Ground Floor Requirement on 8/15/2021
Amended by Ord. 2022-696 on 8/24/2022
Amended by Ord. 2024-57 Updated Conditional Use on 2/8/2024
Amended by Ord. 2024-228 Updated Water Tanks on 4/12/2024
Amended by Ord. 2024-230 Updated Subdivisions on 4/15/2024
Amended by Ord. 2025-623 Updated Side and Rear Setbacks on 7/28/2025

12.20 CE-1 Critical Environmental Zone

  1. Declaration of Legislative Intent: The CE-1 Critical Environmental Zone covers the canyon, mountain, riparian and other areas of environmental concern in Utah County.
    Land within the zone is native pasture, watershed, and wildlife habitat, and is a pass-through area for Roads and utilities. It is also the source of wildfires, Flooding, Avalanche, and is the water recharge area for the culinary aquifers used by the cities, and is the range essential to wildlife. Maintenance of the scenic quality of the mountain environment is important to promote tourism.
    It is hereby declared that the specific purposes and intent of the County Commission in establishing the CE-1 Critical Environmental Zone are:
    1. To take advantage of the powers and more fully implement the basic purposes for planning and zoning as set forth Utah Code, as amended.
    2. To protect and conserve water recharge areas, vegetation, soils, wildlife, and other natural resources.
    3. To limit the danger of Flood, fire, and other Natural Hazards.
    4. To preserve the aesthetic appearance and prevent the degradation of the mountain environment.
    5. To ensure Development of private land consistent with the environment within this zone.
    6. To ensure the Development of adequate public facilities to match private Development. The specific regulations necessary for the accomplishment of the purposes outlined above are hereinafter set forth.
  2. Permitted Uses: The following shall be permitted in the CE-1 zone upon compliance with the standards and requirements as set forth in this ordinance:
    1. The grazing and pasturing of domestic Livestock; also barns, sheds, corrals, pens, and fields for the keeping and feeding of such Livestock.
    2. The raising of poultry and other fowl, and the coops, pens, and hatcheries used in the raising of such fowl.
    3. The raising of mink and similar fur bearing animals, and the pens and sheds used in the raising of such animals.
    4. The production of fruits and crops in the field.
    5. Agricultural Structures for the storage and keeping of farm products and farm machinery.
    6. Apiaries.
    7. Kennels subject to the provisions of UCLUO 8.120.
    8. Fish hatcheries for the raising of game fish and fish for human consumption.
    9. Plant and tree nurseries and greenhouses.
    10. One-Family Dwellings and manufactured homes.
    11. Residential Accessory Structures, when located on the same Lot as the Dwelling to which such Structures are appurtenant.
    12. Public Parks and Public Park Facilities and public historical monuments.
    13. Landscape Parks.
    14. Man-made lakes, ponds, dams, and other uncovered water impoundments if such are under ten (10) acre feet in capacity; and covered water tanks and reservoirs which do not extend over, twenty (20) feet, measured from average natural Grade to the highest point of the Structure including any object mounted or attached to the water tank.
    15. A Cellular telephone, radio, television, or other microwave transmission facility which has a license from the Federal Communication Commission or its successor agency.
    16. Minor Campgrounds, and appurtenant Campsite Facilities, for noncommercial use and where no fees are collected.
    17. Fences, walls and landscaping, subject to the provisions of UCLUO 4.76.
    18. Signs, subject to the provisions of UCLUO 8.24.
    19. Oil, gas and water wells and appurtenant pipelines, pumps and pump houses.
    20. Home Occupations within the livable Floor Area of the Dwelling, subject to the provisions of UCLUO 8.20, with the exception that no patrons or deliveries are permitted.
    21. Camping on private property by property owners and their permitted guests.
    22. A Hunting Preserve or shotgun Shooting Range and accessory Structures and uses, subject to the provisions of UCLUO 8.112.
    23. Accessory Dwelling Unit located on the same Lot or Parcel as the Dwelling to which it is accessory to, subject to the provisions of UCLUO 8.116.
    24. Temporary uses and Structures subject to the provisions of UCLUO 8.16.
    25. A planned Subdivision which has been approved according to the provisions of UCLUO 14.
  3. Permitted Conditional Uses: In the CE-1 zone the following shall not be permitted by the Zoning Administrator unless approval as a Conditional Use has been authorized in accordance with the land use ordinance by the designated reviewing agency:
    1. An Electrical Power Generation Plant which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 16.
    2. A man-made lake, pond, dam, or other uncovered water reservoir over ten (10) acre feet in capacity or a covered water tank or reservoir which extends over two (2) feet above natural Grade which is approved by the Planning Commission as a Conditional Use according to the provisions of UCLUO 16.
    3. A mine; sand, gravel, clay, or other earth-products pit; screens; rock crushers; and accessory Office Structures within the bonded boundary of the mine or pit which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 4.44, UCLUO 6.24, UCLUO 6.28 and UCLUO 16.
    4. A Landscape Park Recreational Facility which is within a Landscape Park and which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 4, UCLUO 6, and UCLUO 8 and UCLUO 16.
    5. A major campground and appurtenant campsite facilities for noncommercial use which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 8.64 and UCLUO 16.
    6. Accessory ski lifts and associated mountain resort facilities which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 8.88 and UCLUO 16.
    7. A cemetery which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 8.72 and UCLUO 16.
    8. A Dude Ranch which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 8.92 and UCLUO 16.
    9. A Reception Center which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 8.96 and UCLUO 16.
  4. Area Requirements: The minimum area of a zoning Lot within the CE-1 zone shall be as follows:
    1. Each one-Family Dwelling, Dude Ranch, Reception Center (with or without a one-Family Dwelling), planned Subdivision, or major Campground, shall be on a Lot containing at least fifty (50) acres of land.
    2. Each minor Campground and its appurtenant Campsite Facilities shall he located on a Lot containing at least five (5) acres of land.
    3. Each Landscape Park containing approved recreational facilities shall be located on a Lot containing at least five (5) acres of land.
    4. A cemetery, with or without a one-Family Dwelling, shall be on a Lot or Parcel with a minimum size of fifty(50) acres.
    5. For other permitted Structures and uses, there shall be no minimum area requirement except as may be necessary to meet the other provisions of this ordinance.
  5. Width Requirements: The minimum width of a zoning Lot within the CE-1 zone shall be as follows:
    1. For each one-Family Dwelling, Dude Ranch, or Reception Center (with or without a one-Family Dwelling), the minimum width of the Lot or Parcel at any point between the Frontage and the Structure shall be three hundred thirty (330) feet.
    2. For other permitted Structures and uses, there shall be no minimum width requirements except as may be required under other provisions of this ordinance.
  6. Location Requirements: The minimum location requirements within the CE-1 zone shall be as follows:
    1. Front Setback: All Buildings and Structures, other than certain public facilities, landscaping features and Fences which meet the standards of UCLUO 4, UCLUO 6, and UCLUO 8, shall have a front Setback of at least thirty (30) feet, unless an alternate Setback is required or allowed by UCLUO 4, UCLUO 6, and UCLUO 8.
    2. Side and Rear Setback: All Buildings and Structures, other than landscaping features and Fences which meet the standards of UCLUO 4, UCLUO 6, and UCLUO 8, shall have a side and rear Setback of at least fifteen (15) feet, unless an alternate Setback is required or allowed by UCLUO 4, UCLUO 6, and UCLUO 8.
  7. Height Requirements: The height requirements within the CE-1 Zone shall be as follows:
    1. The maximum permissible height of any Structure shall be forty (40) feet as determined by the currently adopted Building construction codes of Utah County or by any future edition of these codes that may be adopted, except for the following:
      1. An antenna of a “Stealth Telecommunications Transmission Facility” may exceed the initial elevation of the existing transmission tower, utility pole, or other existing Building or Structure to which it is attached by no more than 10 feet.
      2. For large-scale utility line Structures, there shall be no maximum height.
      3. The maximum height for a cellular telephone, radio, television, or other microwave transmission facility shall be 100 feet.
      4. The maximum height for support towers for accessory ski lifts and associated mountain resort facilities shall be 60 feet.
      5. For unoccupied Structures not referenced in 12.20(G)(1)(a)-(d), the Planning Commission may approve a Conditional Use for a height in excess of 40 feet according to the terms of UCLUO 16.
      6. Note: The provisions of the APO Airport Overlay Zone, Setback standards, or other provisions of the ordinance may result in a lesser height than that stated above.
  8. Special Requirements:
    1. The Yards around Buildings shall be kept free of debris, refuse, weeds, and other flammable material which may constitute a fire hazard.
    2. No Building site, street, driveway, or other cut or Fill shall be made so the side Slopes exceed the Critical Angle of Repose of the soil unless engineered retaining Structures are approved and constructed.
    3. The Grade of driveways which serve a Dwelling unit or other occupied Structure shall not exceed twelve (12) percent.
  9. Supplementary Regulations: Uses within this zone shall also comply with the applicable requirements set forth in UCLUO 4, UCLUO 6, and UCLUO 8, entitled Supplementary Requirements and Procedures Applicable Within Zones and all other provisions of the land use ordinance.
HISTORY
Amended by Ord. 1997-10 Updated Ski Lifts and Facilities on 4/29/1997
Amended by Ord. 1997-13 Updated Height Requirements of Occupied Buildings on 5/20/1997
Amended by Ord. 1998-14 Updated Residential Facilities for People with Disabilities on 10/27/1998
Amended by Ord. 1999-17 Updated Height Requirements on 1/25/2000
Amended by Ord. 2000-19 Updated Stealth Telecommunication Transmission Facilities and Height on 8/28/2000
Amended by Ord. 2002-01 Updated Basement and Above Grade Storage/Caretaker Dwellings on 2/3/2002
Amended by Ord. 2002-31 Updated Agricultural Waivers of Subdivision on 10/7/2002
Amended by Ord. 2003-38 Updated Electronic Impact Analysis on 12/14/2003
Amended by Ord. 2005-19 Updated Height Requirements on 6/1/2005
Amended by Ord. 2006-36 Updated Area Requirement for Subdivision on 10/25/2006
Amended by Ord. 2007-20 Updated Area Requirements for Ag Land on 8/22/2007
Amended by Ord. 2008-21 Housekeeping Update on 7/26/2008
Amended by Ord. 2008-31 Updated Water & Sewage Treatment Plants on 1/10/2009
Amended by Ord. 2010-14 Updated Legislative Intent on 7/23/2010
Amended by Ord. 2010-22 Updated Kennel Requirements on 11/8/2010
Amended by Ord. 2011-31 Updated Home Occupation on 8/23/2011
Amended by Ord. 2011-39 Updated Seasonal Sales & Services on 1/24/2012
Amended by Ord. 2014-7 Updated Residential Treatment Center and Residential Facility on 8/13/2014
Amended by Ord. 2018-17 Updated Dwelling Unit, Setback and Camping on 9/13/2018
Amended by Ord. 2018-23 Updated Home Child Care on 11/1/2018
Amended by Ord. 2018-29 Updated Hunting and Shooting Facilities on 1/24/2019
Amended by Ord. 2019-29 Updated Accessory Dwelling Units on 11/1/2019
Amended by Ord. 2021-258 Clarification of the height exception for stealth telecommunications transmission facility on 4/9/2021
Amended by Ord. 2021-257 Clarify temporary uses as permitted uses in zone. on 4/9/2021
Amended by Ord. 2021-618 Include cemeteries as a permitted conditional use in the CE-1 Zone on 7/22/2021
Amended by Ord. 2021-812 Updated Minimum Ground Floor Requirement on 8/15/2021
Amended by Ord. 2021-891 Add Dude ranches to the CE-1 Zone on 11/12/2021
Amended by Ord. 2022-1188 Updated Height requirements on 2/6/2023
Amended by Ord. 2023-251 Updated Kennels on 3/23/2023
Amended by Ord. 2024-57 Updated Conditional Use on 2/8/2024
Amended by Ord. 2024-228 Updated Water Tanks on 4/12/2024
Amended by Ord. 2024-230 Updated Subdivisions on 4/15/2024

12.24 CE-2 Critical Environmental Zone

  1. Declaration of Legislative Intent: The CE-2 Critical Environmental Zone includes mountainous and riparian lands within Utah County. The watershed area is environmentally fragile, and its preservation is of critical importance to the county.
    Part of the territory included within this zone is capable of accommodating certain types of recreational and housing Development without adverse effect on the quality of the watershed, provided that such Developments are limited in size and are constructed and maintained under carefully regulated conditions.
    It is hereby declared that the specific purposes and intent of the County Commission in establishing the CE-2 Critical Environmental Zone are:
    1. To take advantage of the powers and more fully implement the basic purposes for planning and zoning as set forth in Utah Code § 17-27-102, as amended.
    2. To protect water recharge areas, vegetation, soils, wildlife, and other natural resources
    3. To limit the danger of Flood, fire, other Natural Hazards, and to preserve the aesthetics of the mountain environment.
    4. To ensure the Development of adequate public facilities to match private Development.
    5. To permit certain types of Development to take place in areas of environmental concern which will have a minimum impact on water recharge areas, vegetation, soils, wildlife, and other natural resources. The specific regulations necessary for the accomplishment of the purposes outlined above are hereinafter set forth.
  2. Permitted Uses: The following shall be permitted in the CE-2 Zone upon compliance with the standards and requirements as set forth in this ordinance:
    1. The grazing and pasturing of domestic Livestock; also barns, sheds, corrals, pens, and fields for the keeping and feeding of such Livestock.
    2. The production of fruits and crops in the field.
    3. Agricultural Structures for the storage and keeping of farm products and machinery.
    4. Apiaries.
    5. Fish hatcheries for the raising of game fish and fish for human consumption.
    6. Plant and tree nurseries and greenhouses.
    7. One-Family Dwellings and Manufactured Homes.
    8. Residential Accessory Structures, when located on the same Lot as the Dwelling to which such Structures are appurtenant.
    9. Home Child Care.
    10. Churches and other Structures for religious worship and churches with a parsonage.
    11. Public Parks and Public Park Facilities and public historical monuments.
    12. Landscape Parks.
    13. Man-made lakes, ponds, dams, and other uncovered water impoundments if such are under ten (10) acre feet in capacity; and covered water tanks which do not extend over twenty (20) feet, measured from average natural Grade to the highest point of the Structure including any object mounted or attached to the water tank.
    14. Minor Campgrounds, and appurtenant Campsite Facilities, for noncommercial use and where no fees are collected.
    15. Fences, walls and landscaping, subject to the provisions of UCLUO 4.76.
    16. Signs, subject to the provisions of UCLUO 8.24.
    17. A Cellular telephone, radio, television, or other microwave transmission facility which has a license from the Federal Communication Commission or its successor agency.
    18. Water wells, pipelines, pumps, and pump houses.
    19. Buildings and appurtenant grounds and facilities, when such are owned and occupied by a governmental agency and used for one or more of the following:
      1. Fire and police stations, plus Buildings housing ambulance and similar emergency service Vehicles and equipment.
      2. Buildings and Yards for the storage and upkeep of Vehicles and equipment required for the maintenance and operation of Roads, utility systems and other functions of the governmental entity.
      3. Office Buildings housing the administrative and governmental activities of the agency; group assembly rooms; and post Offices.
    20. Home Occupations within the livable Floor Area of the Dwelling, subject to the provisions of UCLUO 8.20, with the exception that no patrons or deliveries are permitted.
    21. Camping on private property by property owners and their permitted guests. In this zone, permitted guests do not include those individuals who arrange to camp overnight on the owner’s property through a reservation system regardless of whether the individual making the reservation paid to camp overnight on the property.
    22. Accessory Dwelling Unit located on the same Lot or Parcel as the Dwelling to which it is accessory to, subject to the provisions of UCLUO 8.116.
    23. Temporary uses and Structures subject to the provisions of UCLUO 8.16.
    24. A planned Subdivision which has been approved according to the provisions of UCLUO 14.
    25. A mountain home Development which has been approved according to the provisions of UCLUO 14.
    26. A recreational resort which has been approved according to the provisions of UCLUO 14.
  3. Permitted Conditional Uses: In the CE-2 zone the following shall not be permitted by the Zoning Administrator unless approval as a Conditional Use has been authorized in accordance with the zoning ordinance by the designated reviewing agency:
    1. A man-made lake, pond, dam or other uncovered water reservoir over ten (10) acre feet in capacity, or a covered water tank which extends over twenty (20) feet above average natural Grade, when approved by the Planning Commission as a Conditional Use according to the provisions of UCLUO 16.
    2. A Landscape Park Recreational Facility which is within a Landscape Park and which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 4, UCLUO 6, and UCLUO 8 and UCLUO 16.
    3. A major Campground and appurtenant Campsite Facilities for noncommercial use which the Planning Commission has approved as a conditional according to the provisions of UCLUO 8.64 and UCLUO 16.
    4. Public primary School or public secondary School, when included as part of an approved Recreational Resort, Large-scale Development.
    5. A Dude Ranch which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 8.92 and UCLUO 16.
    6. A Reception Center which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 8.96 and UCLUO 16.
    7. A cemetery which is located within a recorded recreational resort plat and has been approved as a Conditional Use by the Planning Commission according to the provisions of UCLUO 8.72 and UCLUO 16.
  4. Area Requirements: The minimum area of a zoning Lot within the CE-2 zone shall be as follows:
    1. Each one-Family Dwelling, Planned Subdivision, Mountain Home Development, Reception Center, or major Campground, shall be located on a Lot containing at least twenty (20) acres of land.
    2. Each church or other Structure for religious worship shall be located on a Lot containing at least two and one-half (2) acres of land; each church with a parsonage shall be on a Lot containing twenty (20) acres of land.
    3. Each minor Campground and its appurtenant Campsite Facilities shall be located on a Lot containing at least five (5) acres of land.
    4. Each Landscape Park containing approved recreational facilities and each Public Park containing approved concessions or facilities shall be located on a Lot containing at least five (5) acres of land.
    5. Each Dude Ranch shall be located on a Lot containing at least forty (40) acres of land.
    6. Each cemetery shall be located on a Lot containing at least forty (40) acres of land within a recorded recreational resort plat.
    7. For other permitted Structures and uses, there shall be no minimum area requirement except as may be necessary to meet the other provisions of this ordinance.
  5. Width Requirements: The minimum width of a zoning Lot within the CE-2 zone shall be as follows:
    1. For each one-Family Dwelling, church or other Structure for religious worship, Reception Center, Dude Ranch, or church with parsonage, the minimum width of the Lot at any point between the Frontage and the Structure shall be three hundred thirty (330) feet.
    2. For other permitted Structures and uses, there shall be no minimum width requirements except as may be required under other provisions of this ordinance.
  6. Location Requirements: The minimum location requirements within the CE-2 Zone shall be as follows:
    1. Front Setback: All Buildings and Structures, other than certain public facilities, landscaping features and Fences which meet the standards of UCLUO 4, UCLUO 6, and UCLUO 8, shall have a front Setback of at least thirty (30) feet, unless an alternate Setback is required or allowed by UCLUO 4, UCLUO 6, and UCLUO 8.
    2. Side and Rear Setback: All Buildings and Structures, other than landscaping features and Fences which meet the standards of UCLUO 4, UCLUO 6, and UCLUO 8, shall have a side and rear Setback of at least fifteen (15) feet, unless an alternate Setback is required or allowed by UCLUO 4, UCLUO 6, and UCLUO 8, or as provided for below:
      1. Each Lot or Parcel with a width less than fifty (50) feet and less than ten thousand (10,000) square feet in area may have a minimum Setback of five (5) feet, subject to meeting all adopted Building and fire safety codes, including all applicable requirements of Title 6 of the Utah County Code.
      2. Each Lot or Parcel with a width between fifty (50) feet and one hundred (100) feet (potential language for each Lot or Parcel size) may have a minimum Setback of ten (10) feet.
      3. A Residential Accessory Structure, including a detached Accessory Dwelling Unit, with a Floor Area of 1,500 square feet or less may have a minimum Setback of ten (10) feet.
    3. In recorded mountain home Development, planned Dwelling group, recreational resort, or seasonal home Development plats, Buildings shall be located according to the terms of approved plats for non-typical Setbacks as determined by the Zoning Administrator. Setbacks listed which are listed on a plat which are typical in nature may utilize the current Setback requirement of this zone.
  7. Height Requirements: The height requirements within the CE-2 Zone shall be as follows: 
    1. The maximum permissible height of any Structure shall be forty (40) feet as determined by the currently adopted Building construction codes of Utah County or by any future edition of these codes that may be adopted, except for the following:
      1. An antenna of a “Stealth Telecommunications Transmission Facility” may exceed the initial elevation of the existing transmission tower, utility pole, or other existing Building or Structure to which it is attached by no more than 10 feet.
      2. For large-scale utility line Structures, there shall be no maximum height.
      3. The maximum height for a cellular telephone, radio, television, or other microwave transmission facility shall be 100 feet.
      4. The maximum height for support towers for ski lifts or zip lines within an approved recreational resort plat shall be 60 feet.
      5. The maximum height for a Hotel within an approved recreational resort plat may be up to 46-feet, subject to the Utah County Fire Marshal providing the Zoning Administrator with a written statement ensuring adequate fire protection can be provided for the additional height.
      6. For unoccupied Structures not referenced in 12.24(G)(1)(a)-(e), the Planning Commission may approve a Conditional Use for a height in excess of 40 feet according to the terms of UCLUO 16.
      7. Note: The provisions of the APO Airport Overlay Zone, Setback standards, or other provisions of the ordinance may result in a lesser height than that stated above.
  8. Special Requirements:
    1. The Yards around Buildings shall be kept free of debris, refuse, weeds, and other flammable material which may constitute a fire hazard.
    2. No Building site, street, driveway, or other cut or Fill shall be made so the side Slopes exceed the Critical Angle of Repose of the soil unless engineered retaining Structures are approved and constructed.
    3. The Grade of driveways which serve a Dwelling unit or other occupied Structure shall not exceed twelve (12) percent.
  9. Supplementary Regulations: Uses within this zone shall also comply with the applicable requirements set forth in UCLUO 4, UCLUO 6, and UCLUO 8, entitled Supplementary Requirements and Procedures Applicable Within Zones and all other provisions of the land use ordinance.
HISTORY
Amended by Ord. 1997-13 Updated Height Requirements of Occupied Buildings on 5/20/1997
Amended by Ord. 1998-14 Updated Residential Facilities for People with Disabilities on 10/27/1998
Amended by Ord. 1999-11 Updated Youth Group Homes with Residential Treatment Center on 10/26/1999
Amended by Ord. 1999-17 Updated Height Requirements on 1/25/2000
Amended by Ord. 2000-19 Updated Stealth Telecommunication Transmission Facilities and Height on 8/28/2000
Amended by Ord. 2000-20 Updated Intent/Watershed Development on 8/28/2000
Amended by Ord. 2000-23 Updated Public Schools on 12/28/2000
Amended by Ord. 2000-26 Updated Home Occupations on 12/28/2000
Amended by Ord. 2002-01 Updated Basement and Above Grade Storage/Caretaker Dwellings on 2/3/2002
Amended by Ord. 2002-31 Updated Agricultural Waivers of Subdivision on 10/7/2002
Amended by Ord. 2003-38 Updated Electronic Impact Analysis on 12/14/2003
Amended by Ord. 2004-27 Updated Special Exemptions on 11/8/2004
Amended by Ord. 2005-19 Updated Height Requirements on 6/1/2005
Amended by Ord. 2006-36 Updated Area Requirement for Subdivision on 10/25/2006
Amended by Ord. 2007-20 Updated Area Requirements for Ag Land on 8/22/2007
Amended by Ord. 2008-21 Housekeeping Update on 7/26/2008
Amended by Ord. 2008-31 Updated Water & Sewage Treatment Plants on 1/10/2009
Amended by Ord. 2010-7 Updated Residential Treatment Center on 5/28/2010
Amended by Ord. 2010-18 Updated Dude Ranch and Reception Center on 9/11/2010
Amended by Ord. 2014-7 Updated Residential Treatment Center and Residential Facility on 8/13/2014
Amended by Ord. 2016-25 Updated Cemetery and Admin Office as permitted uses on 10/15/2016
Amended by Ord. 2017-20 Updated Setbacks on 9/22/2017
Amended by Ord. 2018-17 Updated Dwelling Unit, Setback and Camping on 9/13/2018
Amended by Ord. 2018-23 Updated Home Child Care on 11/1/2018
Amended by Ord. 2019-29 Updated Accessory Dwelling Units on 11/1/2019
Amended by Ord. 2021-258 Revise and adopt, in its entirety, numbering and new format for Municode on 4/9/2021
Amended by Ord. 2021-257 Clarify temporary uses as permitted uses in zone. on 4/9/2021
Amended by Ord. 2021-812 Updated Minimum Ground Floor Requirement on 8/15/2021
Amended by Ord. 2022-696 on 8/24/2022
Amended by Ord. 2022-1188 Updated Height Requirements on 2/6/2023
Amended by Ord. 2023-982 Updated Height Requirements on 10/19/2023
Amended by Ord. 2024-57 Updated Conditional Use on 2/8/2024
Amended by Ord. 2024-229 Updated Setbacks on 4/12/2024
Amended by Ord. 2024-228 Updated Water Tanks on 4/12/2024
Amended by Ord. 2024-230 Updated Subdivisions on 4/15/2024

12.28 M And G-1 Mining And Grazing Zone

  1. Declaration of Legislative Intent: The M&G-1 Mining and Grazing Zone covers the dry mountain and desert areas of the county. Limitations imposed by climate, topography, soil capability, inadequate water supply, and the presence of economically significant mineral deposits has identified this zone as a place for the grazing of Livestock on the open range, the mining of earth products, and the location of activities and industrial operations which are not appropriate near urban centers.
    It is hereby declared that the specific purposes and intent of the County Commission in establishing the M&G-1 Mining and Grazing Zone are:
    1. To take advantage of and more fully implement the basic purposes for planning and zoning as set forth in Utah Code, as amended.
    2. To promote the conservation of water, land, mineral, and other resources.
    3. To foster Livestock grazing and mining industries within the county.
    4. To provide a location for certain types of uses which, due to odor, noise, danger, etc., are not compatible with urban Development.
    5. To ensure the Development of adequate public facilities to match private Development. The specific regulations necessary for the accomplishment of the purposes outlined above are hereinafter set forth.
  2. Permitted Uses: The following shall be permitted in the M&G-1 zone upon compliance with the standards and requirements as set forth in this ordinance:
    1. Mines (underground and open pit); sand, gravel, topsoil and earth-products pits; and the attendant screens, rock crushers, stockpiles and waste dumps located within the bonded boundary of the mine or pit, subject to the provisions of UCLUO 6.24 and UCLUO 6.28, except that a rock crusher shall not be located closer than 500 feet from any existing Dwelling and shall not be located closer than 500 feet from the boundary of any existing Residential Zone, as designated by this land use ordinance.
    2. A concrete batch plant, asphalt batch plant, mineral reduction plant or mineral processing plant, which is located within the bonded portion of the pit as described on the approved reclamation plan for which a reclamation Bond has been filed with the County, or with the State Division of Oil, Gas and Mining (DOGM), and the majority of the earth products (rock, sand, gravel, minerals, and related products) are derived from within said pit boundaries, except that a concrete batch plant, asphalt batch plant, mineral reduction plant or mineral processing plant shall not be located closer than 500 feet from any existing Dwelling and shall not be located closer than 500 feet from the boundary of any existing Residential Zone, as designated by this land use ordinance.
    3. Office, equipment Storage, and other non-residential Structures that are accessory to a permitted mine, or sand, gravel or clay pit when located on the same Lot or adjoining land in the same ownership as the mine or pit.
    4. Oil, gas and water wells, and appurtenant pipelines, pumps and pump houses.
    5. The care and keeping of domestic Livestock and fowl; and barns, stables, corrals, Feed Yards, pens, coops, other Structures for the keeping of such Livestock or fowl, and ancillary agricultural wastewater treatment lagoons, and systems, and related facilities when associated with an approved fowl or domestic Livestock operation and when such agricultural wastewater treatment is approved by the State Department of Environmental Quality, Division of Water Quality, or approved by other federal or state regulatory agencies with specific jurisdiction for agriculture wastewater.
    6. The raising of mink and similar fur bearing animals, and the pens and sheds used in the raising of such animals.
    7. The production of fruit and crops in the field, packing plants for fruit and vegetables raised on the premises, and Office, restroom and shower facilities for such production of fruit and crops and packing plants.
    8. Agricultural Structures for the storage and keeping of farm products and machinery.
    9. Buildings and other Structures for the fabrication and portion control (killing, skinning, and meat cutting) of domestic Livestock and poultry raised on the premise.
    10. Dairy farms, milking barns including an Office or an independent Office Structure on the same site as the dairy, for the exclusive use of the dairy operation, also restrooms, showers, and Buildings and facilities for the process and packaging of milk produced on the premise.
    11. Apiaries and establishments for extracting and processing honey.
    12. Kennels subject to the provisions of UCLUO 8.120.
    13. Fish hatcheries for the raising of game fish or fish for human consumption.
    14. Plant and tree nurseries, greenhouses, and associated Structures for the sale of plant stock grown on the premises.
    15. Incidental Produce Stands, subject to the provisions of UCLUO 8.28.
    16. The boarding of horses within a Structure or in the open field.
    17. One-Family Dwellings and manufactured homes.
    18. Residential Accessory Structures, when located on the same Lot as the Dwelling to which such Structures are appurtenant.
    19. Home Child Care and/or private preschools.
    20. Churches and other Structures for religious worship, and churches with a parsonage.
    21. Home Occupations, subject to the requirements of UCLUO 8.20.
    22. Public Parks, Public Park Facilities and public historical monuments.
    23. Man-made lakes, ponds, dams and other uncovered water impoundments if such are under ten (10) acre feet in capacity; and covered water tanks which do not extend over twenty (20) feet, measured from average natural Grade to the highest point of the Structure including any object mounted or attached to the water tank.
    24. Marinas, subject to the provisions of UCLUO 8.32.
    25. Minor Campgrounds, and appurtenant Campsite Facilities, for noncommercial use and where no fees are collected.
    26. Fences, walls, and landscaping, subject to the provisions of UCLUO 4.76.
    27. A Cellular telephone, radio, television, or other microwave transmission facility which has a license from the Federal Communication Commission or its successor agency.
    28. Signs, subject to the provisions of UCLUO 8.24.
    29. Private Roping and Riding Arenas that do not have lights.
    30. Windmills.
    31. Buildings and appurtenant grounds and facilities, when such are owned and occupied by a governmental agency and used for one or more of the following:
      1. Fire and police stations, plus Buildings housing ambulance and similar emergency service Vehicles and equipment.
      2. Buildings and Yards for the storage and upkeep of Vehicles and equipment required for the maintenance and operation of Roads, utility systems and other functions of the governmental entity.
      3. Office Buildings housing the administrative and governmental activities of the agency; group assembly rooms; and post Offices.
    32. Equine Reproduction and/or Rehabilitation Facility and accessory Structures including animal shelters and enclosures, Office, pools, laboratory, and arena.
    33. Camping on private property by property owners and their permitted guests.
    34. A Hunting Preserve or shotgun, pistol, or rifle Shooting Range and accessory Structures and uses, subject to the provisions of UCLUO 8.112.
    35. Accessory Dwelling Unit located on the same Lot or Parcel as the Dwelling to which it is accessory to, subject to the provisions of UCLUO 8.116.
    36. Temporary uses and Structures subject to the provisions of UCLUO 8.16.
    37. A Large Concentrated Animal Feeding Operation, subject to the provisions of UCLUO 4.72.
    38. Biogas Processing Facility and RNG conveyance systems, including access roadways, Buildings, production equipment, piping systems, and pollution control devices.
    39. A planned Subdivision which has been approved according to the provisions of UCLUO 14.
    40. A recycling facility for food-grade oil subject to the provisions of UCLUO 8.128.
  3. Permitted Conditional Uses: In the M&G-1 zone the following shall not be permitted by the Zoning Administrator unless approval as a Conditional Use has been authorized in accordance with the zoning ordinance by the designated reviewing agency:
    1. An automobile or motorcycle race track or race course which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 16.
    2. A Correctional Institution which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 16.
    3. An Electrical Power Generation Plant which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 16.
    4. A fairground, rodeo arena, or horse race track which is operated by a public agency and which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 16.
    5. A man-made lake, pond, dam or other uncovered water reservoir over ten (10) acre feet in capacity, or a covered water tank which extends over twenty (20) feet above average natural Grade, when approved by the Planning Commission as a Conditional Use according to the provisions of UCLUO 16.
    6. A preschool, or primary School or secondary School which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 16.
    7. A Livestock auction Yard, including Livestock pens, auction facilities, and Structures, and public and Livestock transport parking, which is for the sale of domestic Livestock only and has been approved by the Planning Commission as a Conditional Use according to the provisions of UCLUO 16.
    8. Private Roping and Riding Arenas with lights and Commercial Roping and Riding Arenas which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 16.
    9. A sanitary landfill and any ancillary trucking, grinding, compacting, or similar facility on the same site as the landfill which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 16.
    10. A helicopter pad, landing strip, flying field, or Airport including terminal and aircraft storage facilities which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 8.48 and UCLUO 16.
    11. A Building or facility for the manufacture or storage of explosives plus appurtenant facilities which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 8.52 and UCLUO 16.
    12. A major Campground and appurtenant Campsite Facilities for noncommercial use which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 8.64 and UCLUO 16.
    13. A cemetery which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 8.72 and UCLUO 16.
    14. A Nursing Home which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 16.
  4.  Area Requirements: The minimum area of a zoning Lot or Parcel within the M&G-1 zone shall be as follows:
    1. Each one-Family Dwelling, manufactured home, planned Subdivision, Roping and Riding Arenas, and major Campground, Biogas Processing Facility (unless appurtenant to and located on the same Parcel as an approved landfill), shall be located on a Lot containing at least fifty (50) acres of land.
    2. Each church or other Structure for religious worship shall be located on a Lot containing at least two and one-half (2 1/2) acres of land; each church with a parsonage shall be on a Lot containing at least fifty (50) acres of land.
    3. Each minor Campground and its appurtenant Campsite Facilities shall be located on a Lot containing at least five (5) acres of land.
    4. A Large Concentrated Animal Feeding Operation shall be located on a Lot or Parcel containing at least 40 (forty) acres of land.
    5. Equine Reproduction and/or Rehabilitation Facility with or without a one-Family Dwelling shall be on a Lot containing at least fifty (50) acres of land.
    6. A recycling facility for food-grade oil shall be located on a Lot or Parcel containing at least 10 (ten) acres of land.
    7. For other permitted Structures and uses, there shall be no minimum area requirement except as may be necessary to meet the other provisions of this land use ordinance.
  5. Width Requirements: The minimum width of a zoning Lot within the M&G-1 Zone shall be as follows:
    1. For each one-Family Dwelling, manufactured home, church or other Structure for religious worship, or church with a parsonage, preschool, primary School or secondary School, Roping and Riding Arena, or Equine Reproduction and/or Rehabilitation Facility with or without a one-Family Dwelling, recycling facility for food-grade oil the minimum width of the Lot at any point between the Frontage and the Structure shall be three hundred thirty (330) feet.
    2. For other permitted Structures and uses, there shall be no minimum width requirements except as may be required under other provisions of this ordinance.
  6. Location Requirements: The minimum location requirements within the M&G-1 zone shall be as follows:
    1. Front Setback: All Buildings and Structures, other than certain public facilities, landscaping features and Fences which meet the standards of UCLUO 4, UCLUO 6, and UCLUO 8, shall have a front Setback of at least thirty (30) feet, unless an alternate Setback is required or allowed by UCLUO 4, UCLUO 6, and UCLUO 8.
    2. Side and Rear Setback: All Buildings and Structures, other than landscaping features and Fences which meet the standards of UCLUO 4, UCLUO 6, and UCLUO 8, shall have a side and rear Setback of at least fifteen (15) feet, unless an alternate Setback is required or allowed by UCLUO 4, UCLUO 6, and UCLUO 8.
  7. Height Requirements: The height requirements within the M&G-1 Zone shall be as follows:
    1. The maximum permissible height of any Structure shall be forty (40) feet as determined by the currently adopted Building construction codes of Utah County or by any future edition of these codes that may be adopted, except for the following:
      1. An antenna of a “Stealth Telecommunications Transmission Facility” may exceed the initial elevation of the existing transmission tower, utility pole, or other existing Building or Structure to which it is attached by no more than 10 feet.
      2. For large-scale utility line Structures, there shall be no maximum height.
      3. The maximum height for Windmills shall be 55 feet measured from finished Grade to the highest point of the Windmill blade.
      4. The maximum height for a cellular telephone, radio, television, or other microwave transmission facility shall be 100 feet.
      5. The maximum height for a silo associated with an approved concrete or asphalt batch plant, or recycling facility for food-grade oil shall be 65 feet provided the following conditions are met:
        1. The silo is painted or finished in a neutral earth-tone color which is consistent with the surrounding natural terrain, and;
        2. The silo does not display any type of logo or advertisement.
      6. For unoccupied Structures not referenced in 12.28(G)(1)(a)-(e), the Planning Commission may approve a Conditional Use for a height in excess of 40 feet according to the terms of UCLUO 16
      7. Note: The provisions of the APO Airport Overlay Zone, Setback standards, or other provisions of the ordinance may result in a lesser height than that stated above.
  8. Special Requirements:
    1. The Yards around Buildings shall be kept free of debris, refuse, weeds, and other flammable material which may constitute a fire hazard.
    2. No Building site, street, driveway, or other cut or Fill shall be made so the side Slopes exceed the Critical Angle of Repose of the soil unless engineered retaining Structures are approved and constructed.
    3. The Grade of driveways which serve a Dwelling unit or other occupied Structure shall not exceed twelve (12) percent.
  9. Supplementary Regulations: Uses within this zone shall also comply with the applicable requirements set forth in UCLUO 4, UCLUO 6, and UCLUO 8, entitled Supplementary Requirements and Procedures Applicable Within Zones and all other provisions of the land use ordinance.
HISTORY
Amended by Ord. 1997-13 Updated Height Requirements of Occupied Buildings on 5/20/1997
Amended by Ord. 1998-14 Updated Residential Facilities for People with Disabilities on 10/27/1998
Amended by Ord. 1999-11 Updated Youth Group Homes with Residential Treatment Center on 10/26/1999
Amended by Ord. 1999-14 Updating Schools and Correctional Institutions on 1/25/2000
Amended by Ord. 1999-17 Updated Height Requirements on 1/25/2000
Amended by Ord. 2000-19 Updated Stealth Telecommunication Transmission Facilities and Height on 8/28/2000
Amended by Ord. 2002-01 Updated Basement and Above Grade Storage/Caretaker Dwellings on 2/3/2002
Amended by Ord. 2002-31 Updated Agricultural Waivers of Subdivision on 10/7/2002
Amended by Ord. 2003-29 Updated Office Structure on 12/14/2003
Amended by Ord. 2003-38 Updated Electronic Impact Analysis on 12/14/2003
Amended by Ord. 2004-27 Updated Special Exemptions on 11/8/2004
Amended by Ord. 2005-19 Updated Height Requirements on 6/1/2005
Amended by Ord. 2006-05 Updated Concrete Plants Exception on 3/27/2006
Amended by Ord. 2006-21 Updated Permitted Use Private Schools on 6/2/2006
Amended by Ord. 2006-36 Updated Area Requirement for Subdivision on 10/25/2006
Amended by Ord. 2007-09 Deleted Premises Occupation on 3/20/2007
Amended by Ord. 2007-20 Updated Area Requirements for Ag Land on 8/22/2007
Amended by Ord. 2008-10 Updated office, restroom and shower with production on 4/13/2008
Amended by Ord. 2008-13 Updated Pens/Domestic Livestock on 5/14/2008
Amended by Ord. 2008-21 Housekeeping Update on 7/26/2008
Amended by Ord. 2008-31 Updated Water & Sewage Treatment Plants on 1/10/2009
Amended by Ord. 2009-16 Updated Buffer Area on 5/22/2009
Amended by Ord. 2009-32 Updated Care and Keeping of Livestock on 10/11/2009
Amended by Ord. 2010-7 Updated Residential Treatment Center on 5/28/2010
Amended by Ord. 2010-14 Updated Legislative Intent on 7/23/2010
Amended by Ord. 2010-22 Updated Kennel Requirements on 11/8/2010
Amended by Ord. 2010-23 Updated Roping and Riding Arenas on 11/8/2010
Amended by Ord. 2011-29 Updated Exception to Maximum Height on 8/23/2011
Amended by Ord. 2014-7 Updated Residential Treatment Center and Residential Facility on 8/13/2014
Amended by Ord. 2018-15 Updated Equine Reproduction/Rehab Facility Use on 9/7/2018
Amended by Ord. 2018-17 Updated Dwelling Unit, Setback and Camping on 9/13/2018
Amended by Ord. 2018-29 Updated Hunting and Shooting Facilities on 1/24/2019
Amended by Ord. 2019-29 Updated Accessory Dwelling Units on 11/1/2019
Amended by Ord. 2021-258 Clarification of the height exception for stealth telecommunications transmission facility on 4/9/2021
Amended by Ord. 2021-257 Clarify temporary uses as permitted uses in zone. on 4/9/2021
Amended by Ord. 2021-812 Updated Minimum Ground Floor Requirement on 8/15/2021
Amended by Ord. 2022-241 Large Concentrated Animal Feeding Operation on 4/11/2022
Amended by Ord. 2022-1188 Updated Height Requirements on 2/6/2023
Amended by Ord. 2023-251 Updated Kennels on 3/23/2023
Amended by Ord. 2023-750 Updated Biogas Facilities on 8/7/2023
Amended by Ord. 2024-57 Updated Conditional Use on 2/8/2024
Amended by Ord. 2024-228 Updated Water Tanks on 4/12/2024
Amended by Ord. 2024-230 Updated Subdivisions on 4/15/2024
Amended by Ord. 2024-751 Updated Food Grade Oil on 10/2/2024

12.32 NC-1 Neighborhood Commercial Zone

  1. Declaration of Legislative Intent: The NC-l Neighborhood Commercial Zone is found in unincorporated residential communities or agricultural areas which have increased in residential use.
    It is anticipated that commercial needs not met in this zone are met in the commercial districts of incorporated municipalities where supporting services provide the base for a complete range of commercial establishments.
    It is hereby declared that the specific purposes and intent of the County Commission in establishing the NC-1 Neighborhood Commercial Zone are:
    1. To take advantage of the powers and more fully implement the basic purposes for planning and zoning set forth in Utah Code, as amended.
    2. To provide locations in outlying areas where commercial services are available to meet the day-to-day shopping needs of the residents.
    3. To ensure the Development of adequate public facilities to match private Development. The specific regulations necessary for the accomplishment of the purposes outlined above are hereinafter set forth.
  2. Permitted Uses: The following shall be permitted in the NC-1 zone upon compliance with the standards and requirements as set forth in this ordinance:
    1. Restaurants, and Retail food stores.
    2. Grocery Stores.
    3. Stores for Retail sales of goods and materials; but does not include automobile sales, Recreational Vehicles sales, Vehicle parts sales, trailer or Agricultural Equipment sales, or wholesale establishments.
    4. Convenience Establishments and other personal or pet services.
    5. Professional health care Offices.
    6. Preschools.
    7. Commercial day care centers.
    8. Gasoline service stations; automobile repair facilities; and car wash establishments.
    9. Churches and other Structures for religious worship, and churches with a parsonage.
    10. Parking facilities, subject to the provisions of UCLUO 4.60 and UCLUO 4.64.
    11. Signs, subject to the provisions of UCLUO 8.24.
    12. Accessory Structures when appurtenant to Buildings and uses permitted in the zone.
    13. Public Parks, Public Park Facilities and public historical monuments.
    14. Landscape Parks.
    15. Fences, walls, and landscaping, subject to the provisions set forth in UCLUO 4.76.
    16. Covered water storage tanks which do not extend over twenty (20) feet, measured from average natural Grade to the highest point of the Structure including any object mounted or attached to the water tank; water wells and appurtenant pipelines, pumps and pump houses.
    17. Buildings and appurtenant grounds and facilities, when such are owned and occupied by a governmental agency and used for one or more of the following:
      1. Fire and police stations, plus Buildings housing ambulance and similar emergency service Vehicles and equipment.
      2. Buildings and Yards for the storage and upkeep of Vehicles and equipment required for the maintenance and operation of roads, utility systems and other functions of the governmental entity.
      3. Office Buildings housing the administrative and governmental activities of the agency; group assembly rooms; and post Offices.
    18. Commercial storage units.
    19. Business Offices.
    20. The pasturing of domestic Livestock and the keeping of fowl for personal use, and the barns sheds, pens and coops connected with pasturing of said domestic Livestock and fowl and the requirement that the total Floor Area of such Structures shall not exceed 1,000 square feet per Lot, unless the Lot exceeds one (1) acre in area, which would allow a maximum cumulative Floor Area of 2,000 square feet per Lot.
    21. A one-Family caretaker Dwelling or Dwelling unit subject to the provisions of UCLUO 8.24.
    22. Greenhouses for the growing of plants and nursery stock which comply with the definition of “agricultural use” and “not for human occupancy” and which such Structures qualify for the exemption from permit requirements of Utah Code § 15A.
    23. Agricultural Structures for the storage and keeping of farm products and farm machinery which comply with the definition of “agricultural use” and “not for human occupancy” and which such Structures qualify for the exemption from permit requirements of Utah Code § 15A.
    24. Temporary uses and Structures subject to the provisions of UCLUO 8.16.
    25. A planned nonresidential Subdivision which has been approved according to the provisions of UCLUO 14.
  3. Permitted Conditional Uses: In the NC-1 Zone the following shall not be permitted by the Zoning Administrator unless approval as a Conditional Use has been authorized in accordance with the land use ordinance by the designated reviewing agency:
    1. A covered water tank which extends over twenty (20) feet above average natural Grade, when approved by the Planning Commission as a Conditional Use according to the provisions of UCLUO 16.
    2. A primary School or secondary School which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 16.
    3. A Nursing Home which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 16.
  4. Area Requirements: The minimum area of a zoning Lot within the NC-1 Zone shall be as follows:
    1. Each individual NC-1 Neighborhood Commercial Zone shall contain at least five (5) acres of land.
    2. Each gasoline service station or automobile repair facility, preschool, commercial day-care center, Nursing Home, or planned nonresidential Subdivision, shall be located on a Lot that contains at least one (1) acre.
    3. Each caretaker dwelling shall be located on a Lot that contains at least one (1) acre of land including the required parking area and Building area of the use to which such Dwelling is appurtenant.
    4. Each church or other Structure for religious worship shall be located on a Lot containing at least two and one-half (2 1/2) acres of land; each church with a parsonage shall be on a Lot containing at least three and one-half (3 1/2) acres of land.
    5. Each primary School or secondary School shall be located on a Lot containing at least two and one half (2 1/2) acres of land.
    6. For other permitted Structures and uses, there shall be no minimum area requirements except as may be required under other provisions of this ordinance.
  5. Width Requirements: The minimum width of a zoning Lot within the NC-1 zone shall be as follows:
    1. For each caretaker Dwelling, preschool, commercial day-care center, Nursing Home, church, church with parsonage, or primary or secondary School, the minimum width of the Lot at any point between the Frontage and the Structure shall be one hundred (100) feet.
    2. For other permitted Structures and uses, there shall be no minimum width requirements except as may be required under other provisions of this ordinance.
  6. Location Requirements: The minimum location requirements within the NC-1 zone shall be as follows:
    1. Major Street Location: All individual NC-1 Neighborhood Commercial Zones shall abut and gain access from a state road, or a county road that has been designated as a collector or arterial road by the currently adopted Utah County General Plan.
    2. Front Setback: All Buildings and Structures, other than certain public facilities, landscaping features and Fences which meet the standards of UCLUO 4, UCLUO 6, and UCLUO 8, shall have a front Setback of at least thirty (30) feet, unless an alternate Setback is required or allowed by UCLUO 4, UCLUO 6, and UCLUO 8.
    3. Side and Rear Setback: All Buildings and Structures, other than landscaping features and Fences which meet the standards of UCLUO 4, UCLUO 6, and UCLUO 8, shall have a side and rear Setback of at least fifteen (15) feet, unless an alternate Setback is required or allowed by UCLUO 4, UCLUO 6, and UCLUO 8.
  7. Height and Building Size Requirements: The height and Building size requirements within the NC-1 zone shall be as follows:
    1. The maximum permissible height of any Structure shall be forty (40) feet as determined by the currently adopted Building construction codes of Utah County or by any future edition of these codes that may be adopted, except for the following:
      1. An antenna of a “Stealth Telecommunications Transmission Facility” may exceed the initial elevation of the existing transmission tower, utility pole, or other existing Building or Structure to which it is attached by no more than 10 feet.
      2. For large-scale utility line Structures, there shall be no maximum height.
      3. For unoccupied Structures not referenced in 12.32(G)(1)(a), (b), the Planning Commission may approve a Conditional Use for a height in excess of 40 feet according to the terms of UCLUO 16.
      4. Note: The provisions of the APO Airport Overlay Zone, Setback standards, or other provisions of the ordinance may result in a lesser height than that stated above.
    2. The Floor Area of an accessory Storage Structure (or the total Floor Area of a group of accessory Structures) shall not exceed the Floor Area of the main Building on the Lot.
  8. Special Provisions:
    1. The Yards around Buildings shall be kept free of junk, debris, refuse, weeds, and other flammable material.
    2. Paved parking and loading areas shall be required for all permitted uses according to the provisions of UCLUO 4.60 and UCLUO 4.64.
    3. No Building site, street, driveway, or other cut or Fill shall be made so the side Slopes exceed the Critical Angle of Repose of the soil unless engineered retaining Structures are approved and constructed.
    4. The Grade of driveways which serve a Dwelling unit or other occupied Structure shall not exceed twelve (12) percent.
  9. Site Plan Review: An applicant for a Building permit in the NC-1 zone shall submit a site plan to the Zoning Administrator with the contents listed below. The Zoning Administrator shall review the plan and shall issue a Building permit pursuant thereto only if the standards of this and the other sections this land use ordinance are met.
    1. Contents: Such site plan shall be drawn to scale and show:
      1. The names, addresses, and telephone numbers of the owner of the Lot to be built on (subject lot), the developer of the project, and the architect or other designer.
      2. The property boundary lines, legal description and dimensions of the subject Lot; the property lines of all adjoining Lots (but only extending for a distance of two hundred feet away from the boundaries of the subject Lot); and an identification on each Lot of the name of the property owner.
      3. The location and use of all existing and proposed Structures on the subject Lot.
      4. The location and an identification of each use of land and each Building adjacent to the boundaries of the subject Lot.
      5. The location and names of all public and private streets.
      6. The location of all canals, power lines, gas lines and other utility lines on the subject Lot and the boundaries of all recorded easements located on the Lot.
      7. The location of any proposed landscaping, parking areas, access points, lighting, and loading areas.
      8. The location and cross-sectional drawing of proposed walls and Fences.
      9. An identification of any areas where the subject Lot has been Graded by past cuts or Fills; also contour lines, if the land has more than a five percent (5%) Slope, and a Grading plan if cuts or Fills will be undertaken to prepare the site.
      10. An identification of any contaminated or unstable soils, Fill material types, Fault lines or other Natural Hazards affecting the subject property.
      11. North point.
    2. Limitation: Upon approval of a final site plan by the Zoning Administrator, no Buildings or uses of land other than those depicted on such plan shall be permitted.
  10. Supplementary Regulations: Uses within this zone shall also comply with the applicable requirements set forth in UCLUO 4, UCLUO 6, and UCLUO 8, entitled Supplementary Requirements and Procedures Applicable Within Zones and all other provisions of the land use ordinance.
HISTORY
Amended by Ord. 1997-13 Updated Height Requirements of Occupied Buildings on 5/20/1997
Amended by Ord. 1999-11 Updated Youth Group Homes with Residential Treatment Center on 10/26/1999
Amended by Ord. 1999-17 Updated Height Requirements on 1/25/2000
Amended by Ord. 2000-19 Updated Stealth Telecommunication Transmission Facilities and Height on 8/28/2000
Amended by Ord. 2001-23 Updated Residential Treatment Center on 11/27/2001
Amended by Ord. 2002-09 Updated Business Offices in Zone on 4/1/2002
Amended by Ord. 2003-01 Updated Auto Repair Facilities on 2/21/2003
Amended by Ord. 2003-13 Updated Seasonal Sales & Services on 5/28/2003
Amended by Ord. 2003-41 Updated Off Highway Vehicles on 12/14/2003
Amended by Ord. 2004-27 Updated Special Exemptions on 11/8/2004
Amended by Ord. 2005-15 Updated Fish Hatcheries on 6/1/2005
Amended by Ord. 2005-19 Updated Height Requirements on 6/1/2005
Amended by Ord. 2005-25 Updated Pasturing of Domestic Livestock on 9/26/2005
Amended by Ord. 2006-36 Updated Area Requirement for Subdivision on 10/25/2006
Amended by Ord. 2007-04 Updated Permitted Use, Retail and Conveience Store on 1/23/2007
Amended by Ord. 2008-13 Updated Caretaker Dwelling on 5/14/2008
Amended by Ord. 2008-21 Housekeeping Update on 7/26/2008
Amended by Ord. 2009-08 Updated NC-1 Zone on 4/11/2009
Amended by Ord. 2010-7 Updated Residential Treatment Center on 5/28/2010
Amended by Ord. 2010-32 Updated Nonresidential Subdivisions on 12/25/2010
Amended by Ord. 2011-39 Updated Residential Treatment Center on 1/24/2012
Amended by Ord. 2014-7 Updated Residential Treatment Center and Residential Facility on 8/13/2014
Amended by Ord. 2015-25 Updated Greenhouses and Agricultural Structures on 12/3/2015
Amended by Ord. 2018-17 Updated Dwelling Unit, Setback and Camping on 9/13/2018
Amended by Ord. 2021-258 Clarification of the height exception for stealth telecommunications transmission facility on 4/9/2021
Amended by Ord. 2021-257 Clarify temporary uses as permitted uses in zone. on 4/9/2021
Amended by Ord. 2024-57 Updated Conditional Use on 2/8/2024
Amended by Ord. 2024-228 Updated Water Tanks on 4/12/2024
Amended by Ord. 2024-230 Updated Subdivisions on 4/15/2024
Amended by Ord. 2024-230 (2) Updated with correction to staff omission of planned nonresidential subdivision on 6/30/2025

12.36 HS-1, Highway Service Zone

  1. Declaration of Legislative Intent: The HS-1 Highway Service Zone has been established for the purpose of providing compact, convenient roadside locations where the needs of the traveling public can be met.
    It is hereby declared that the specific purposes and intent of the County Commission in establishing the HS-1 Highway Service Zone are:
    1. To take advantage of the powers and more fully implement the basic purposes for planning and zoning set forth in Utah Code, as amended.
    2. To meet the needs of the traveling public in a convenient fashion.
    3. To ensure the Development of adequate public facilities to match private commercial Development.
    4. To more fully bring about the implementation of the county's general plan. The specific regulations necessary for the accomplishment of the purposes outlined above are hereinafter set forth.
  2. Permitted Uses: The following shall be permitted in the HS-1 zone upon compliance with the standards and requirements as set forth in this ordinance:
    1. Restaurants, and Retail food shops.
    2. Recreational rental establishments.
    3. Stores for Retail sales of goods and materials and Convenience Establishments.
    4. Gasoline service stations.
    5. Automobile towing and repair garages.
    6. Parking facilities, subject to the provisions of UCLUO 4.60 and UCLUO 4.64.
    7. Signs, subject to the provisions of UCLUO 8.24.
    8. Accessory Structures when appurtenant to buildings permitted in the zone.
    9. Fences, walls, and landscaping, subject to the provisions of UCLUO 4.76.
    10. Public Parks and Public Park Facilities and public historical monuments.
    11. Covered water storage tanks which do not extend over twenty (20) feet, measured from average natural Grade to the highest point of the Structure including any object mounted or attached to the water tank; water wells and appurtenant pipelines, pumps and pump houses.
    12. Office uses incidental to a permitted use or approved permitted Conditional Use.
    13. Buildings and appurtenant grounds and facilities, when such are owned and occupied by a governmental agency and used for one or more of the following:
      1. Fire and police stations, plus Buildings housing ambulance and similar emergency service Vehicles and equipment.
      2. Buildings and Yards for the storage and upkeep of Vehicles and equipment required for the maintenance and operation of roads, utility systems and other functions of the governmental entity.
      3. Office Buildings housing the administrative and governmental activities of the agency; group assembly rooms; and post Offices.
    14. The pasturing of domestic Livestock and the keeping of fowl for personal use, and barns sheds, pens and coops connected with pasturing of said domestic Livestock and fowl and the requirement that the total Floor Area of such Structures shall not exceed 1,000 square feet per Lot, unless the Lot exceeds one (1) acre in area, which would allow a maximum cumulative Floor Area of 2,000 square feet per Lot.
    15. A one-Family caretaker Dwelling or Dwelling unit subject to the provisions of UCLUO 8.84.
    16. Landscape Parks.
    17. Temporary uses and Structures subject to the provisions of UCLUO 8.16.
    18. A planned nonresidential Subdivision which has been approved according to the provisions of UCLUO 14.
  3. Permitted Conditional Uses: In the HS-1 zone the following Buildings, Structures, and uses of land shall not be permitted by the Zoning Administrator unless approval as a Conditional Use has been authorized in accordance with the land use ordinance by the designated reviewing agency:
    1. A covered water tank which extends over twenty (20) feet above average natural Grade, when approved by the Planning Commission as a Conditional Use according to the provisions of UCLUO 16.
    2. A Recreation Vehicle Court or commercial Campground which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 8.68 and UCLUO 16.
    3. A Landscape Park Recreational Facility which is within the Landscape Park and which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 4, UCLUO 6, and UCLUO 8 and UCLUO 16.
    4. Hotels, which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 4, UCLUO 6, UCLUO 8 and UCLUO 16.
  4. Area Requirements: The minimum area requirements within the HS-1 zone shall be as follows:
    1. Each individual HS-1 Highway Service Zone shall contain at least five (5) acres of land.
    2. Each gasoline service station or planned nonresidential Subdivision, shall have a minimum Lot area of one (1) acre.
    3. Each caretaker Dwelling shall be on a Lot that contains at least one (1) acre of land including the required parking area and Building area of the use to which such Dwelling is appurtenant.
    4. Each Recreation Vehicle Court or commercial Campground shall contain at least one (1) acre plus eleven hundred (1,100) square feet for each Recreational Vehicle or camp unit present.
    5. For other permitted Structures and uses, there shall be no minimum area requirements except as may be required under other provisions of this ordinance.
  5. Width Requirements: The width requirements for the HS-1 zone shall be as follows:
    1. The maximum length for the part of any individual HS-1 Highway Service Zone which lies adjacent to or astride a state or county road shall be 1,320 feet; except at the intersection of two distinctively numbered state or county roads, the maximum length shall be 2,640 feet.
    2. For each caretaker Dwelling the minimum width of the Lot at any point between the Frontage and the Structure shall be one hundred (100) feet.
    3. For other permitted Structures and uses, there shall be no minimum width requirement except as may be required under other provisions of this ordinance.
  6. Location Requirements: The minimum location requirements within the HS-1 zone shall be as follows:
    1. Highway Location: All individual HS-1 Highway Service Zones shall abut a state road that provides direct access to the zone.
    2. Front Setback: All Buildings and Structures, other than certain public facilities, landscaping features and Fences which meet the standards of UCLUO 4, UCLUO 6, and UCLUO 8, shall have a front Setback of at least thirty (30) feet, unless an alternate Setback is required or allowed by UCLUO 4, UCLUO 6, and UCLUO 8.
    3. Side and Rear Setback: All Buildings and Structures, other than landscaping features and Fences which meet the standards of UCLUO 4, UCLUO 6, and UCLUO 8, shall have a side and rear Setback of at least fifteen (15) feet, unless an alternate Setback is required or allowed by UCLUO 4, UCLUO 6, and UCLUO 8.
  7. Heights and Sizes of Buildings: The height and size requirements within the HS-1 Zone shall be as follows:
    1. The maximum permissible height of any Structure shall be forty (40) feet as determined by the currently adopted Building construction codes of Utah County or by any future edition of these codes that may be adopted, except for the following:
      1. An antenna of a “Stealth Telecommunications Transmission Facility” may exceed the initial elevation of the existing transmission tower, utility pole, or other existing Building or Structure to which it is attached by no more than 10 feet.
      2. For large-scale utility line Structures, there shall be no maximum height.
      3. For unoccupied Structures not referenced in 12.36(G)(1)(a), (b), the Planning Commission may approve a Conditional Use for a height in excess of 40 feet according to the terms of UCLUO 16.
      4. Note: The provisions of the APO Airport Overlay Zone, Setback standards, or other provisions of the ordinance may result in a lesser height than that stated above.
    2. The Floor Area of an accessory storage Structure (or the total Floor Area of a group of accessory structures) shall not exceed the Floor Area of the main Building on the Lot.
    3. There shall be no other height or Building size requirement except as may be required under other provisions of this ordinance.
  8. Special Provisions:
    1. The Yards around Buildings shall be kept free of junk, debris, refuse, weeds, and other flammable material.
    2. Parking shall be required according to the provisions of UCLUO 4.60 and UCLUO 4.64.
    3. No Building site, street, driveway, or other cut or Fill shall be made so the side Slopes exceed the Critical Angle of Repose of the soil unless engineered retaining Structures are approved and constructed.
    4. The Grade of driveways which serve a Dwelling unit or other occupied Structure shall not exceed twelve (12) percent.
  9. Site Plan Review:
    1. Scope: An applicant for a Building permit in the HS-1 zone shall submit a site plan to the Zoning Administrator with the contents listed below. The Zoning Administrator shall review the plan and shall issue a Building permit pursuant thereto only if the standards of this land use ordinance are met.
    2. Contents: Such site plan shall be drawn to scale and show:
      1. The names, addresses, and telephone numbers of the owner of the Lot to be built on (subject Lot), the developer of the project, and the architect or other designer.
      2. The property boundary lines, legal description and dimensions of the subject Lot; the property lines of all adjoining Lots (but only extending for a distance of two hundred feet away from the boundaries of the subject Lot); and an identification on each Lot of the name of the property owner.
      3. The location and use of all existing and proposed Structures on the subject Lot.
      4. The location and an identification of each use of land and each Building adjacent to the boundaries of the subject Lot.
      5. The location and names of all public and private streets.
      6. The location of all canals, power lines, gas lines and other utility lines on the subject Lot and the location of all recorded easements on the Lot.
      7. The location of any proposed landscaping, parking areas, access points, lighting, and loading areas.
      8. The location and cross-sectional drawing of proposed walls and Fences.
      9. An identification of any areas where the subject Lot has been Graded by past cuts or Fills; also contour lines, if the land has more than a five percent (5%) Slope, and a Grading plan if cuts or Fills will be undertaken to prepare the site.
      10. An identification of any contaminated or unstable soils, Fill material types, Fault lines or other Natural Hazards affecting the subject property.
      11. North point.
    3. Limitation: Upon approval of a final site plan by the Zoning Administrator, no Buildings or uses of land other than those depicted on such plan shall be permitted.
  10. Supplementary Regulations: Uses within this zone shall also comply with the applicable requirements set forth in UCLUO 4, UCLUO 6, and UCLUO 8, entitled Supplementary Requirements and Procedures Applicable Within Zones and all other provisions of this land use ordinance.
HISTORY
Amended by Ord. 1997-13 Updated Height Requirements of Occupied Buildings on 5/20/1997
Amended by Ord. 1999-17 Updated Height Requirements on 1/25/2000
Amended by Ord. 2000-19 Updated Stealth Telecommunication Transmission Facilities and Height on 8/28/2000
Amended by Ord. 2003-01 Updated Auto Repair Facilities on 2/21/2003
Amended by Ord. 2003-13 Updated Seasonal Sales & Services on 5/28/2003
Amended by Ord. 2005-16 Updated Sleeping Apartment on 6/1/2005
Amended by Ord. 2005-18 UpdatedRetail and Convenience Store on 6/1/2005
Amended by Ord. 2005-19 Updated Height Requirements on 6/1/2005
Amended by Ord. 2005-25 Updated Pasturing of Domestic Livestock on 9/26/2005
Amended by Ord. 2008-13 Updated Caretaker Dwelling on 5/14/2008
Amended by Ord. 2008-21 Housekeeping Update on 7/26/2008
Amended by Ord. 2009-08 Updated HS-1 Zone on 4/11/2009
Amended by Ord. 2010-32 Updated Nonresidential Subdivisions on 12/25/2010
Amended by Ord. 2012-10 Updated Zone and Landscape Parks on 4/22/2012
Amended by Ord. 2012-15 Updated Hotel on 6/5/2012
Amended by Ord. 2018-17 Updated Dwelling Unit, Setback and Camping on 9/13/2018
Amended by Ord. 2021-258 Clarification of the height exception for stealth telecommunications transmission facility on 4/9/2021
Amended by Ord. 2021-257 Clarify temporary uses as permitted uses in zone. on 4/9/2021
Amended by Ord. 2024-57 Updated Conditional Use on 2/8/2024
Amended by Ord. 2024-228 Updated Water Tanks on 4/12/2024
Amended by Ord. 2024-230 Updated Subdivisions on 4/15/2024
Amended by Ord. 2024-230 (2) Updated with correction to staff omission of planned nonresidential subdivision on 6/30/2025

12.40 I-1 Industrial Zone

  1. Declaration of Legislative Intent: The I-1 Industrial Zone has been established for the purpose of providing places where manufacturing, processing, warehousing, fabricating, sexually oriented businesses, and wholesaling of goods and materials can be carried on with minimum conflict or deleterious effects upon surrounding properties. Goods, materials and other products that are manufactured, fabricated or produced on the site in the I-1 Zone may be sold at that site, except that an approved sexually oriented business may retail items identified within UCC 8.12, when in compliance with currently adopted Building and safety codes.
    It is hereby declared that the specific purposes and intent of the County Commission in establishing the I-1 Industrial Zone are:
    1. To take advantage of the powers and more fully implement the basic purposes for planning and zoning set forth in Utah Code, as amended.
    2. To promote industry by providing locations where conflicts between neighboring business establishments and nonindustrial land uses are reduced.
    3. To promote the economy of Utah County.
    4. To ensure the Development of adequate public facilities to match the needs of industrial Development.
    5. To implement the county's General Plan. The specific regulations necessary for the accomplishment of the purposes outlined above are hereinafter set forth.
  2. Permitted Uses: The following shall be permitted in the I-I Zone in compliance with the standards and requirements set forth in this ordinance:
    1. Warehousing and storage in enclosed Buildings and commercial storage units.
    2. Buildings, facilities, and storage Yards used in the manufacture of goods, materials, and other products.
    3. Buildings, facilities, and storage Yards used to mix asphalt, mix concrete or fabricate concrete products.
    4. Buildings, appurtenant facilities, and Yards for the recycling of concrete, asphalt, metal, and wood, not including the composting of organic materials.
    5. Automobile wrecking and Salvage Yards, subject to the provisions of UCLUO 8.36.
    6. Yards for the outdoor storage of licensed Vehicles and licensed trailers, heavy equipment, portable Structures, contracting equipment, lumber, or earth materials (rock, coal, sand).
    7. Buildings and facilities for the storage or repair of Vehicles and equipment within an enclosed Building.
    8. Yards and appurtenant facilities for petroleum storage tanks, (does not include the refining of petroleum and related products).
    9. Buildings, facilities, and storage Yards for the sorting, processing, packaging, freezing, canning and storage of farm products.
    10. Mines, gravel pits, sand pits, clay pits, rock quarries, rock crushers, and appurtenant mine Structures and temporary stockpiles, subject to the provisions of UCLUO 6.24 and UCLUO 6.28.
    11. The pasturing of domestic Livestock.
    12. The production of fruits and crops in the field.
    13. Agricultural Structures for the storage and keeping of farm products and machinery.
    14. Historical monuments.
    15. Man-made lakes, ponds, dams and other uncovered water impoundments if such are under ten (10) acre feet in capacity; and covered water tanks which do not extend over twenty (20) feet, measured from average natural Grade to the highest point of the Structure including any object mounted or attached to the water tank.
    16. Fences, walls, and landscaping, subject to the provisions of UCLUO 4.76.
    17. Signs, subject to the provisions of UCLUO 8.24.
    18. A cellular telephone, radio, television, or other microwave transmission facility which has a license from the Federal Communications Commission or its successor agency.
    19. Oil, gas and water wells, and appurtenant pipelines, pumps and pump houses.
    20. Buildings and appurtenant grounds and facilities, when such are owned and occupied by a governmental agency and used for one or more of the following:
      1. Fire and police stations, plus Buildings housing ambulance and similar emergency service Vehicles and equipment.
      2. Buildings and Yards for the storage and upkeep of Vehicles and equipment required for the maintenance and operation of Roads, utility systems and other functions of the governmental entity.
      3. Office Buildings housing the administrative and governmental activities of the agency; group assembly rooms; and post Offices.
    21. Office Structures, when appurtenant and incidental to a use listed as a permitted or permitted Conditional Use in the zone.
    22. Sexually oriented businesses, which are classified as follows: Adult Arcades; Adult Bookstores, Adult Novelty Stores, Adult Video Stores; Adult Cabarets; Adult Motels; Adult Motion Picture Theaters; Adult Theaters; Escort Agencies; Semi-nude Model Studios; and Sexual Encounter Establishments, as such uses are defined in UCC 8.12, subject to the definitions, requirements and provisions, including location requirements, contained in UCC 8.12, and subject to the following location and distance requirements:
      1. No sexually oriented business shall operate or be established within 500 feet of any of the following:
        1. churches, synagogues, mosques, temples, or other Buildings used primarily for religious worship and activities;
        2. public or private educational facilities including child day-care facilities, pre-schools, elementary Schools, intermediate Schools, and high Schools, including School grounds and athletic facilities which are used primarily in connection with School-related activities;
        3. public recreation areas or facilities including but not limited to parks, playgrounds, picnic areas, athletic fields or courts, libraries, public trail systems, community centers, and other analogous facilities;
        4. privately owned amusement parks or recreation facilities.
      2. No sexually oriented business shall operate or be established within 500 feet of a boundary of a zoning district which allows residential use as a permitted use.
      3. No sexually oriented business shall be located within 500 feet of any other sexually oriented business.
      4. For purposes of these location requirements, measurements shall be made in a straight line, without regard to intervening Structures, objects, or boundaries, from the nearest portion of the Building or Structure which houses the sexually oriented business to the nearest property line of the property in question.
    23. Windmills.
    24. Temporary uses and Structures subject to the provisions of UCLUO 8.16.
    25. A planned nonresidential Subdivision which has been approved according to the provisions of UCLUO 14.
  3. Permitted Conditional Uses: In the I-1 zone the following shall not be permitted by the Zoning Administrator unless approval as a Conditional Use has been authorized in accordance with this land use ordinance by the designated reviewing agency.
    1. A Building or facility for the processing, manufacture and storage of chemical elements or chemical compounds, which the Board of Adjustment has approved as a Conditional Use according to the provisions of UCLUO 16, provided:
      1. The standards of the currently adopted international Fire Code are met as certified by the County Fire Marshal;
      2. An inventory of hazardous materials, a scaled plot plan of their locations, and a brief explanation of the hazards involved are submitted for use by public safety officials.
    2. A Building or facility for the refining and processing of petroleum and related products, which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 16.
    3. A Building or facility for the slaughtering and processing of Livestock or poultry, not including rendering plants, which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 16.
    4. A Building or facility for the smelting and refining of ferrous and nonferrous metals, which the Board of Adjustment has approved as a Conditional Use according to the provisions of UCLUO 16.
    5. A single Family residential accessory caretaker Dwelling unit which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 16, provided:
      1. the gross Floor Area does not exceed 900 square feet; and
      2. the unit is attached to and part of a commercial storage unit facility.
    6. A helicopter pad which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 8.48 and UCLUO 16.
    7. A noncommercial facility for the composting of organic plant materials and food residuals which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 16, provided:
      1. Organic plant materials shall refer to fruits and vegetables, leaves, grass and organic Yard debris, pasta and breads, eggshells, and other by-products from food processing facilities.
      2. Food residuals shall refer only to all pre-consumer and post-consumer foods and food by-products, not including sewage or sewage sludge.
      3. An approval is granted from the Utah County Health Department for the composting facility.
      4. An access permit for Road access from a paved county Road, city street, or state Road is approved by the County Engineer or other appropriate government agency. The Planning Commission has received and approved a site plan that is detailed, readable, and drawn-to-scale. The site plan shall be consistent with the requirements and standards of all applicable sections of this land use ordinance and shall show: all existing and proposed Buildings, Structures, composting areas, individual Parking Spaces;
        1. the plan for traffic circulation within the facility;
        2. facilities for liquid waste disposal and solid waste collection; and
        3. any additional information which the Planning Commission requires to determine whether the use meets the requirements and standards of this land use ordinance
      5. An operation plan is submitted and approved by the Planning Commission for the composting facility which contains the following:
        1. the daily hours of operation;
        2. maximum noise levels which shall not exceed the parameters found in UCC 18 but may be more restrictive;
        3. the maximum number and size of transport Vehicles, travel routes, and covered loads; and
        4. Dust and odor control measures.
      6. Outside composting containment areas shall be a minimum of 50 feet from any abutting property line though a greater distance may be established by the Planning Commission.
      7. All organic materials and food residuals shall be processed and covered immediately upon being received at the composting facility to eliminate odor and to absorb liquids.
      8. Any mechanical operations for preparing compost for transport shall be located within an enclosed Building.
      9. Any mechanical heat source for composting is prohibited.
      10. The composting of animal or human waste is prohibited.
      11. The composting facility shall comply with all other applicable adopted Utah County codes and ordinances, including but not limited to, Building codes and fire safety codes.
      12. A Utah County Business License shall be obtained prior to operation of the composting facility.
      13. Any other items deemed appropriate by the Planning Commission to mitigate public health and safety concerns or to address the standards of UCLUO 16.
    8. A man-made lake, pond, dam or other uncovered water reservoir over ten (10) acre feet in capacity, or a covered water tank which extends over twenty (20) feet above average natural Grade, when approved by the Planning Commission as a Conditional Use according to the provisions of UCLUO 16.
  4. Area Requirements: The minimum area of a zoning Lot within the I-1 zone shall be as follows:
    1. Each planned nonresidential Subdivision shall contain at least one (1) acre of land.
    2. Each storage Yard for the mixing of concrete or asphalt or the fabrication of concrete products; Yard for recycling; Yard for the outdoor storage of licensed Vehicles, heavy equipment, portable Structures, contracting equipment, lumber, or earth materials (rock, coal, sand, etc.); mine, gravel pit or other earth products pit or quarry; petroleum processing facility and refinery; chemical processing and manufacturing facility; facility for the slaughtering and processing of Livestock and poultry; facility for the smelting and refining of ferrous and nonferrous metals; and facility for the noncommercial composting of organic plant materials and food residuals; shall be on a Lot or Parcel of land of not less than one (1) acre in area.
    3. For other permitted Structures and uses there shall be no minimum area requirement except as may be required under other provisions of this ordinance.
  5. Width Requirements: The minimum width of a zoning Lot within the I-1 zone shall be as follows:
    1. For permitted Structures and uses there shall be no minimum width requirement except as may be required under other provisions of this ordinance.
  6. Location Requirement: The minimum location requirements within the I-1 zone shall be as follows:
    1. Front Setback: All Buildings and Structures, other than certain public facilities, landscaping features and Fences which meet the standards of UCLUO 4, UCLUO 6, and UCLUO 8, shall have a front Setback of at least thirty (30) feet, unless an alternate Setback is required or allowed by UCLUO 4, UCLUO 6, and UCLUO 8.
    2. Side and Rear Setback: All Buildings and Structures, other than landscaping features and Fences which meet the standards of UCLUO 4, UCLUO 6, and UCLUO 8, shall have a side and rear Setback to be determined by the adopted Building and fire codes, but shall not be less than fifteen (15) feet from any property line that abuts a county RR-5 or TR-5 zone, or that abuts a city boundary with existing residential Development or abuts a city boundary where the property is zoned within that city for future residential Development.
  7. Heights and Sizes of Buildings: The height and size requirements within the I-1 Zone shall be as follows:
    1. The maximum permissible height of any Structure shall be forty (40) feet as determined by the currently adopted Building construction codes of Utah County or by any future edition of these codes that may be adopted, except for the following:
      1. An antenna of a “Stealth Telecommunications Transmission Facility” may exceed the initial elevation of the existing transmission tower, utility pole, or other existing Building or Structure to which it is attached by no more than 10 feet.
      2. For large-scale utility line Structures, there shall be no maximum height.
      3. The maximum height for Windmills shall be 55 feet measured from finished Grade to the highest point of the Windmill blade.
      4. The maximum height for a cellular telephone, radio, television, or other microwave transmission facility shall be 100 feet.
      5. The maximum height for a silo associated with an approved concrete or asphalt batch plant shall be 65 feet provided the following conditions are met:
        1. The silo is painted or finished in a neutral earth-tone color which is consistent with the surrounding natural terrain, and;
        2. The silo does not display any type of logo or advertisement.
      6. The maximum height for a non-accessory Sign shall be 50 feet above the ground or 25 feet above the Grade of the driving surface of any adjacent public roadway, whichever is greater.
      7. For unoccupied Structures not referenced in 12.40(G)(1)(a)-(f), the Planning Commission may approve a Conditional Use for a height in excess of 40 feet according to the terms of UCLUO 16.
      8. Note: The provisions of the APO Airport Overlay Zone, Setback standards, or other provisions of the ordinance may result in a lesser height than that stated above.
  8. Special Requirements:
    1. The Yards around Buildings shall be kept free of debris, refuse, weeds, and flammable material which may constitute a fire or health hazard.
    2. No Building site, street, driveway, or other cut or Fill shall be made so the side Slopes exceed the Critical Angle of Repose of the soil unless engineered retaining Structures are approved and constructed.
    3. The Grade of driveways which serve an Accessory Dwelling Unit or other occupied Structure shall not exceed twelve (12) percent.
  9. Site Plan Review:
    1. Scope: An applicant for a Building permit or a Land Use Permit that is a listed permitted use or listed permitted Conditional Use for which a Conditional Use permit has been issued in the I-1, Industrial Zone, shall submit a site plan to the Zoning Administrator with the contents listed below. The Zoning Administrator shall review the plan and shall issue a Building permit or Land Use Permit thereto only if the standards of this and the other sections of the ordinance are met.
      Exception: The Zoning Administrator may reduce certain requirements of the site plan review for existing industrial facilities and sites that are amending existing approved site plans.
    2. Contents: Such site plan shall be drawn to scale and show:
      1. The names, addresses, and telephone numbers of the owner of the Lot to be built on (subject Lot), the developer of the project, and the architect or other designer.
      2. The property boundary lines, legal description and dimensions of the subject Lot; the property lines of all adjoining Lots (but only extending for a distance of two hundred feet away from the boundaries of the subject Lot); and an identification on each Lot of the name and address of the property owner.
      3. The location and use of all existing and proposed Structures on the subject Lot.
      4. The location and an identification of each use of land and each Building adjacent to the boundaries of the subject Lot.
      5. The location and names of all public and private streets.
      6. The location of all canals, power lines, gas lines and other utility lines on the subject Lot and the boundaries of all recorded easements located on the Lot.
      7. The location of any proposed landscaping, parking areas, access points, lighting, and loading areas.
      8. The location and cross-sectional drawing of proposed walls and Fences.
      9. An identification of any areas where the subject Lot has been Graded by past cuts or Fills; also contour lines, if the land has more than a five percent (5%) Slope, and a Grading plan if cuts or Fills will be undertaken to prepare the site.
      10. An identification of any contaminated and unstable soils, Fill material types, Fault lines or other Natural Hazards affecting the subject property.
      11. North point.
    3. Limitation: Upon approval of a final site plan by the Zoning Administrator, no Buildings or uses of land other than those depicted on such plan shall be permitted.
  10. Supplementary Regulations: Uses within this zone shall also comply with the applicable requirements set forth in UCLUO 4, UCLUO 6, and UCLUO 8, entitled Supplementary Requirements and Procedures Applicable Within Zones and all other provisions of this land use ordinance.
HISTORY
Amended by Ord. 1997-13 Updated Height Requirements of Occupied Buildings on 5/20/1997
Amended by Ord. 1999-17 Updated Height Requirements on 1/25/2000
Amended by Ord. 2000-19 Updated Stealth Telecommunication Transmission Facilities and Height on 8/28/2000
Amended by Ord. 2002-31 Updated Agricultural Waivers of Subdivision on 10/7/2002
Amended by Ord. 2003-29 Updated Office Structure on 12/14/2003
Amended by Ord. 2003-38 Updated Electronic Impact Analysis on 12/14/2003
Amended by Ord. 2005-19 Updated Height Requirements on 6/1/2005
Amended by Ord. 2006-36 Updated Area Requirement for Subdivision on 10/25/2006
Amended by Ord. 2007-14 Updated Section on 6/3/2007
Amended by Ord. 2007-20 Updated Area Requirements for Ag Land on 8/22/2007
Amended by Ord. 2008-13 Updated Caretaker Dwelling on 5/14/2008
Amended by Ord. 2008-21 Housekeeping Update on 7/26/2008
Amended by Ord. 2009-02 Updated Windmills on 2/23/2009
Amended by Ord. 2009-39 Updated Site Plan Review on 11/16/2009
Amended by Ord. 2010-32 Updated Nonresidential Subdivisions on 12/25/2010
Amended by Ord. 2011-18 Updated Side and Rear Setbacks on 6/11/2011
Amended by Ord. 2011-29 Updated Exception to Maximum Height on 8/23/2011
Amended by Ord. 2012-7 Housekeeping Update on 4/22/2012
Amended by Ord. 2012-20 Housekeeping Update on 7/20/2012
Amended by Ord. 2018-17 Updated Dwelling Unit, Setback and Camping on 9/13/2018
Amended by Ord. 2021-258 Clarification of the height exception for stealth telecommunications transmission facility on 4/9/2021
Amended by Ord. 2021-257 Clarify temporary uses as permitted uses in zone. on 4/9/2021
Amended by Ord. 2022-1188 Updated Height Requirements on 2/6/2023
Amended by Ord. 2024-57 Updated Conditional Use on 2/8/2024
Amended by Ord. 2024-228 Updated Water Tanks on 4/12/2024
Amended by Ord. 2024-230 Updated Subdivisions on 4/15/2024
Amended by Ord. 2024-230 (2) Updated with correction to staff omission of planned nonresidential subdivision on 6/30/2025

12.44 NHO Natural Hazards Overlay Zone

  1. Declaration and Legislative Intent: The NHO Natural Hazards Overlay Zone (NHO Zone) includes the territory of the unincorporated area of Utah County which was identified in a joint program of the Utah Geologic and Mineral Survey and the US Geological Survey as having a susceptibility for Rockfall, Debris Flow, Landslides, or surface Fault rupture. In addition to the territory identified in the joint program, the NHO Zone includes other areas that have been identified by the County Commission as having a significant hazard. The zone shall not be construed to be all-inclusive of such hazards.
    It is hereby declared that the specific purposes and intent of the County Commission in establishing the NHO Natural Hazards Overlay Zone are:
    1. To take advantage of the powers and more fully implement the basic purposes for planning and zoning set forth in Utah Code, as amended.
    2. To identify areas subject to geologic hazards and to reduce the risk therefrom.
    3. To protect human life and health.
    4. To reduce damage to public and private property and to public utilities and Structures.
    5. To assure that those who occupy the areas susceptible to geologic hazards assume responsibility for their actions regarding land use, construction, and grading.
    6. To provide notification of areas of special hazard for Rockfall, Debris Flow, Landslide, or surface Fault rupture to the public. In order to accomplish the stated purposes and intent, the following provisions shall apply:
  2. Scope:
    1. Purview: The Natural Hazards which are the purview of the NHO Zone are limited to: Rockfall, Debris Flow, Landslide, and surface Fault rupture.
    2. Extent: The provisions of this section shall apply to all areas having a susceptibility to the above-named hazards within the unincorporated area of Utah County, which are depicted on the Official Zone Map of Utah County, Utah, as lying within the NHO Zone. Such provisions shall not abrogate but shall be in addition to the requirements of the underlying zoning districts within the NHO Zone, pertaining to the property within the NHO Zone. Where the provisions of this section conflict with any other requirement, the more stringent restriction shall apply.
    3. Interpretation: To determine which properties lie within the NHO Zone, the Zoning Administrator shall determine the boundaries of the zone by scaling the distances from the Utah County Zone Map. The Zoning Administrator may be aided by the Natural Hazards Overlay Map Series, or successor map series, Plates 14 and 19 of Elliott and Harty’s 2010 Landslide Maps of Utah, 30’ x 60’ Quadrangle map series, or successor maps, and other data from the U.S. Geological Survey (USGS) and the Utah Geological Survey. Any adversely affected party contesting the location of the zone boundary shall comply with the procedures set forth under Utah Code § 17-27a, as amended. Such adversely affected party shall make a request to contest the location of the zone boundary within twenty (20) days of the date of the decision being contested.
    4. Compliance: No Structure or land use shall hereinafter be constructed, located, extended, converted, altered or otherwise developed without full compliance with this section.
  3. Permitted Uses:
    1. Uses: All Structures and uses of land which are listed as permitted uses and permitted Conditional Uses in the underlying zoning districts shall also be permitted or approved as a Conditional Use in the territory covered by the NHO Zone if they meet the standards of both this section and the underlying zone.
    2. Clearance: Before any permit is issued within the NHO Zone, the Zoning Administrator must first find that the land use, grading, construction, or other such Development to be permitted therein complies with both the requirements of the NHO Zone and the underlying zone and issue a written clearance attesting to such finding. No land use, grading, construction or other Development shall be commenced or altered within the territory of the NHO Zone until the clearance and the permit based on such clearance are granted.
    3. Large-scale Developments: No Large-scale Development lying within the NHO Zone shall be approved without full compliance with the requirements of this Section.
      Exception: The portion of a Large-scale Development lying within the NHO Zone is exempt from the requirements of this Section when all the following requirements are met:
      1. The portion of a Development lying within the NHO Zone is located and identified on the plat as being susceptible to Natural Hazards (the specific Natural Hazard[s], which is under the purview of the NHO Zone, only, shall be identified);
      2. The portion of the Development to be exempted from the requirements of the NHO Zone is clearly located and identified on the plat;
      3. The plat includes the following note: “No occupied Structure and habitable space, as defined in the currently adopted Building codes, or Critical Facility (excluding communication, utility, and transportation lines and their non-occupied appurtenant Structures) shall be constructed on the land in this plat identified hereon as susceptible to Natural Hazards and exempt from the requirements of the NHO Zone”; and
      4. The applicant provides a signed, dated, and stamped statement of support, which includes findings, for the Exception from a geologist or engineer licensed by the State of Utah, who has at least four (4) years of experience in a responsible position in the field of Engineering Geology. Such statement shall be reviewed and approved by the County.
        This Exception can be used to completely exempt a Development from the requirements of this Section, provided all portions of a Development lying within the NHO Zone qualify for the Exception.
    4. Natural Hazards Assessment:
      1. A Natural Hazards Assessment that complies with the standards of this Section shall be required for every application for occupied Structures and habitable spaces, as defined in the currently adopted Building codes, Critical Facilities (excluding communication, utility, and transportation lines and their non-occupied appurtenant Structures), and Large-scale Developments in the NHO Zone.
        Exception: In consultation with the Utah County Zoning Administrator, the Utah County Engineer may determine that a permit application for the renovation, remodel, or repair of an existing occupied Structure, habitable space, Critical Facility, or amendment of a Large Development plat, is exempt from the Natural Hazards Assessment requirements, if the proposed application does not expand the footprint or scale of the existing occupied Structure, habitable space, Critical Facility, or Large-scale Development.
      2. Natural Hazards Assessments shall meet the following requirements:
        1. The assessment shall be prepared by a geologist or engineer licensed by the State of Utah who has at least four (4) years of experience in a responsible position in the field of Engineering Geology. The assessment shall be signed, dated and stamped by the preparer and include the qualifications of the preparer.
        2. The assessment shall be a site-specific Engineering Geology study and shall identify all known or suspected potential geologic hazards, originating on-site or off-site, whether previously mapped or unmapped, which may affect the proposed structure or use of land.
        3. The assessment shall identify the degree to which the hazards affect the proposed Structure or use of land and recommend mitigation measures to adequately protect persons and property, including occupants and property improvements related to the proposed Structures and uses, and to meet the standards of this ordinance.
        4. The assessment shall contain a detailed site map of the subject area showing any site-specific mapping performed as part of the geologic investigation, and including boundaries and features related to any natural or geological hazards, topography, and drainage. The site map must show the location and boundaries of the hazard(s), delineation of any recommended Setback distances from hazard(s), and recommended location(s) for Structures. Recommended buildable and non-buildable areas shall be clearly identified.
        5. The assessment shall contain trench logs and test pit logs, boring logs, aerial photographs, references with citations, and other supporting information, as applicable.
        6. The County Engineer shall determine whether the Natural Hazards Assessment meets the standards of this Section. The County Engineer may reject the assessment if the County Engineer finds that the professional geologist or engineer has insufficient training or experience, or if the County Engineer finds that the assessment is insufficient in depth, scope, or detail. The County Engineer may require that a supplemental or revised assessment be submitted.
        7. All recommended mitigation measures identified in the Natural Hazards Assessment shall be incorporated into the design of the proposed Structure or use of land. In the event that the Natural Hazards Assessment provides alternative mitigation measures, the applicant shall elect which mitigation measures to implement, and the applicant shall submit a supplemental Natural Hazards Assessment confirming that the elected mitigation measures are sufficient to adequately protect persons and property and to meet the standards of this ordinance. The applicant shall submit engineered plans for the proposed mitigation measures, which plans will demonstrate how the mitigation measures will be incorporated into the design of the applicable Structure or use of land. These plans shall be prepared by a professional engineer who is licensed to practice in the State of Utah and is qualified to develop such plans. The County Engineer may reject the plans if the County Engineer finds that the professional engineer has insufficient training or experience, or if the County Engineer finds that the plans insufficiently describe the proposed mitigation measures or do not meet the other requirements of this Section. The County Engineer may require that supplemental or revised plans be submitted.
        8. The County Engineer shall determine if the submitted plans sufficiently describe the proposed mitigation measures.
      3. Upon the determination by the County Engineer that the Natural Hazards Assessment meets the standards of this section, the Zoning Administrator shall issue a clearance which incorporates the uses, Structures, and mitigation measures approved by the County Engineer.
  4. Standards:
    1. General Standard: The mitigation measures, which have been identified in the Natural Hazards Assessment, shall be implemented. The mitigation measures shall be sufficient to provide adequate protection to persons and property, including occupants and property improvements related to the proposed Structures and uses, and to meet the standards of this ordinance.
    2. Site Investigation, Hazard Identification, and Mitigation Implementation: Occupied Structures and habitable spaces, as defined in the currently adopted Building codes, Critical Facilities (excluding communication, utility, and transportation lines and their non-occupied appurtenant Structures), and Large-scale Developments, shall not be placed in, an area subject to Rockfall, Debris Flow, Landslides, or surface Fault rupture, unless the site for such Structure or use of land is investigated in a site-specific Natural Hazards Assessment that meets the requirements of this Section and the mitigation measures identified in the Natural Hazards Assessment are all incorporated into the design of the Structure or use of land and implemented, unless an exception is provided in this Section for such Structure or use of land. If the Natural Hazards Assessment finds that no mitigating measures are needed, then no mitigating measures are required. In the case of Debris Flow hazards, if mitigation measures include discharge onto neighboring land, written permission is required from the owner of the neighboring land.
    3. No Covering Up: No use, construction, or grading shall be permitted or performed in the NHO Zone which would conceal, misrepresent, or cause to be unrecognized the presence of any Natural Hazard which is within the purview of the NHO Zone.
  5. Variances:
    1. Ability to Grant: The designated Appeal Authority, when deciding appeals for variances of distance or area within the NHO Zone, shall follow both the standards of UCLUO 16 and the standards stated below.
    2. Items to Consider: In deciding whether to grant a variance and what conditions to attach to its approval, the Appeal Authority shall consider each of the following:
      1. the likelihood during a significant seismic or other geologic event that materials may be moved onto adjacent land areas, or that other impacts may disturb or destabilize adjacent land areas causing property damage or injury to others;
      2. the degree of susceptibility to damage by seismic or other geologic activity for the Building design or use proposed;
      3. the importance of the services of the proposed facility to the community and the need for the facility to be functional following a significant event of geologic activity;
      4. the necessity of the facility to be in the proposed location or of the proposed design considering alternate locations and designs available;
      5. the ability of the community to provide emergency services to the facility in the event of a catastrophe; and
      6. the degree of benefit received from the variance relative to the hazards posed to the facility's neighbors, visitors, and owners.
    3. Presumption Relative to Approval:
      1. Generally, the standards of this section shall not be varied unless an equally safe method of use and construction can be approved.
      2. The amount of variance approved shall be only the minimum amount required to provide relief.
      3. A variance shall be granted only if it will not result in a threat to public safety, cause extraordinary public expense, or create a nuisance.
      4. In a continuum beginning with hay barns and agricultural Structures and progressing to high rise apartment Buildings and auditoriums, the difficulty in obtaining a variance shall be greater for Structures which are more frequently occupied by humans, or which are occupied by larger numbers of people.
  6. Special Requirements:
    1. Certification by Engineer - Plans: When this Section requires the preparation and submittal of engineered plans, such plans shall be prepared by a professional engineer licensed to practice in the State of Utah and who is qualified to prepare such plans through experience and training. The required engineered plans shall bear on it a certification by the engineer that the plans implement all of the recommended mitigation measures identified in the required Natural Hazards Assessment, and meet the standards and requirements of the NHO Zone. Prior to the Zoning Administrator issuing any clearance to commence construction, the County Engineer shall determine if the requirements of this section have been met.
    2. Certification by Geologist or Engineer - Natural Hazards Assessments: When a Natural Hazards Assessment is required by this Section for a Structure or use of land, the Natural Hazards Assessment shall bear the signed certification of the Utah State licensed geologist or engineer, who has at least four (4) years of experience in a responsible position in the field of Engineering Geology, that the recommended mitigation measures, which measures have been identified in the Natural Hazards Assessment, are sufficient to provide adequate protection to persons and property, including occupants and property improvements related to the proposed Structures and uses, and are sufficient to meet the standards of this ordinance. Prior to the Zoning Administrator issuing any clearance to commence construction, the County Engineer shall determine if the requirements of this section have been met.
    3. Records: The Zoning Administrator shall retain the Natural Hazards Assessments and engineered plans submitted with applications for permits issued under authority of this section.
    4. Maps Adopted by Reference: The map series "Utah County Natural Hazards Overlay," dated April 1, 1990, and Plates 14 and 19 of Elliott and Harty’s 2010 Landslide Maps of Utah, 30’ x 60’ Quadrangle map series are hereby adopted by reference in book form. One copy of "Utah County Natural Hazards Overlay," dated April 1, 1990, and Plates 14 and 19 of Elliott and Harty’s 2010 Landslide Maps of Utah, 30’ x 60’ Quadrangle map series, are hereby ordered to be placed in the Office of the Utah County Clerk. They may be used in the administration of the NHO Zone as required therein, along with other data from the U.S. Geological Survey (USGS) and the Utah Geological Survey.
  7. Disclosure:
    1. Whenever a Natural Hazards Assessment is required under this Section, the owner of the Parcel shall record a signed notice running with the land, in a form satisfactory to the County, prior to the approval of any use of land or Structure. The required notice shall include the following:
      1. Notice that the Parcel is located within an area susceptible to Natural Hazards, which hazards are the purview of the Natural Hazards Overlay (NHO) Zone, as shown on the Official Zone Map of Utah County, Utah; and
      2. Notice that a Natural Hazards Assessment was prepared and is available for public inspection in the Utah County Community Development Office.
    2. When the land, or portion thereof, of a Development plat lies in an area susceptible to Natural Hazards, which hazards are the purview of the Natural Hazards Overlay (NHO) Zone, as shown on the Official Zone Map of Utah County, Utah, such plat shall contain notification of 1) the hazards area, 2) any Natural Hazards assessments prepared in connection with Development approval, and 3) the mitigation measures incorporated into the Development plan.
  8. Warning and Disclaimer: The degree of protection from geologic hazards intended to be provided by this Section is considered reasonable for regulatory purposes. The original language of the NHO Zone was based on accepted geologic and scientific methods of study. Amendments have been made to this Section since its inception. The major amendments of this Section have been generally reviewed by experts in the field of Engineering Geology. This section is intended to reduce the danger, cost, and impact from geologic hazards. Therefore, known or unknown geologic conditions, or natural or man-made changes in conditions, may contribute to future damages even though a Structure or use of land has been properly permitted within the NHO Zone. Furthermore, the provisions of this Section shall not imply that areas within or outside the NHO Zone will be free from the impact of geologic hazards. This Section shall not create a liability on the part of or be a cause of action against the County or any officer or employee thereof for any personal or property damage that may result from reliance on the regulations of the NHO Zone, or from damages occurring in areas which for any reason have not been designated in the NHO Zone.
HISTORY
Amended by Ord. 2001-06 Updated Variance - FPO Zone on 4/10/2001
Amended by Ord. 2008-21 Housekeeping Update on 7/26/2008
Amended by Ord. 2012-3 Housekeeping Update on 2/3/2012
Amended by Ord. 2013-11 Housekeeping Update on 2/1/2014
Amended by Ord. 2015-26 Updated Maps Adopted by Reference on 12/15/2015
Amended by Ord. 2018-2 Housekeeping Update on 1/24/2018
Amended by Ord. 2024-57 Updated Conditional Use on 2/8/2024

12.48 A-40 Agricultural Zone 1

  1. Declaration of Legislative Intent: The A-40 Agricultural Zone covers that portion of Utah County which historically has been utilized for production agriculture and commercial farming operations. It includes that area of the county where the combination of irrigation, large Parcel size, and cultivation make the land most appropriately suited for agricultural use. With the exception of utilities and certain public facilities that must pass through the zone, the commercial agriculture use of the land is protected by relegating non-farm uses to other zones and limiting the zone to farm and farm-related uses.
    It is hereby declared that the specific purposes and intent of the County Commission in establishing the A-40 Agricultural Zone are:
    1. To take advantage of the powers and more fully implement the basic purposes for planning and zoning set forth in Utah Code, as amended.
    2. To preserve the county’s production agriculture land.
    3. To foster and protect agriculture from adjacent incompatible land uses.
    4. To encourage the cultivation of crops and the raising and keeping of Livestock and related uses within this zone.
    5. To provide governmental services at the least cost to commercial agriculture operations. The specific regulations necessary for the accomplishment of the purposes outlined above are hereinafter set forth.
  2. Permitted Uses: The following shall be permitted in the A-40 Zone upon compliance with the standards and requirements as set forth in this ordinance:
    1. The care and keeping of domestic Livestock and fowl; and barns, stables, corrals, Feed Yards, pens, coops, other Structures for the keeping of such Livestock or fowl, and ancillary agricultural wastewater treatment lagoons, and systems, and related facilities when associated with an approved fowl or domestic Livestock operation and when such agricultural wastewater treatment is approved by the State Department of Environmental Quality, Division of Water Quality, or approved by other federal or state regulatory agencies with specific jurisdiction for agriculture wastewater.
    2. The raising of mink and similar fur bearing animals, and the pens and sheds used in the raising of such animals.
    3. The production of fruit and crops in the field, packing plants for fruit and vegetables raised on the premises, and Office, restroom and shower facilities for such production of fruit and crops and packing plants.
    4. Agricultural Structures for the storage and keeping of farm products and farm machinery.
    5. Buildings and facilities for the fabrication and portion control (killing, skinning, and meat cutting) of domestic Livestock and poultry raised on the premise.
    6. Dairy farms, milking barns including an Office or an independent Office Structure on the same site as the dairy, for the exclusive use of the dairy operation, also restrooms, showers, and Buildings and facilities for the process and packaging of milk produced on the premise.
    7. Apiaries and establishments for extracting and processing honey.
    8. Kennels subject to the provisions of UCLUO 8.120.
    9. Fish hatcheries for the raising of game fish or fish for human consumption.
    10. Plant and tree nurseries, greenhouses, and associated Structures for the sale of plant stock grown on the premises.
    11. Incidental Produce Stands, subject to the provisions of UCLUO 8.28.
    12. The boarding of horses within a Structure or in the open field.
    13. Buildings and facilities for a licensed veterinarian engaged in the practice of treating domestic Livestock.
    14. Farm caretaker Dwellings when permitted subject to the provisions of UCLUO 8.84.
    15. Man-made lakes, ponds, dams and other uncovered water impoundments if such are under ten (10) acre feet in capacity; and covered water tanks which do not extend over twenty (20) feet, measured from average natural Grade to the highest point of the Structure including any object mounted or attached to the water tank.
    16. Fences, walls, and landscaping, subject to the provisions of UCLUO 4.76.
    17. Signs, subject to the provisions of UCLUO 8.24.
    18. A cellular telephone, radio, television, or other microwave transmission facility which has a license from the Federal Communications Commission or its successor agency.
    19. Oil, gas, and water wells, and appurtenant pipelines, pumps and pump houses.
    20. Private roping and riding arenas that do not have lights.
    21. Windmills.
    22. Buildings and appurtenant grounds and facilities, when such are owned and occupied by a governmental agency and used for one or more of the following:
      1. Fire and police stations, plus Buildings housing ambulance and similar emergency service Vehicles and equipment.
      2. Buildings and Yards for the storage and upkeep of Vehicles and equipment required for the maintenance and operation of Roads, utility systems and other functions of the governmental entity.
      3. Office Buildings housing the administrative and governmental activities of the agency; group assembly rooms; and post Offices.
    23. One-Family Dwellings and manufactured homes.
    24. Residential Accessory Structures, when located on the same Lot or Parcel as the Dwelling to which such Structures are appurtenant.
    25. Migrant Agricultural Worker Housing.
    26. Camping on private property by property owners and their permitted guests. In this zone, permitted guests do not include those individuals who arrange to camp overnight on the owner’s property through a reservation system regardless of whether the individual making the reservation paid to camp overnight on the property.
    27. Accessory Dwelling Unit located on the same Lot or Parcel as the Dwelling to which it is accessory to, subject to the provisions of UCLUO 8.116.
    28. Temporary uses and Structures subject to the provisions of UCLUO 8.16.
    29. A Large Concentrated Animal Feeding Operation, subject to the provisions of UCLUO 4.72.
    30. A planned Subdivision which has been approved according to the provisions of UCLUO 14.
    31. Biogas processing facility and RNG conveyance systems, including access roadways, buildings, production equipment, piping systems, and pollution control devices.
  3. Permitted Conditional Uses: In the A-40 zone the following shall not be permitted by the Zoning Administrator unless approval as a Conditional Use has been authorized in accordance with the zoning ordinance by the designated reviewing agency:
    1. A man-made lake, pond, dam or other uncovered water reservoir over ten (10) acre feet in capacity, or a covered water tank which extends over twenty (20) feet above average natural Grade, when approved by the Planning Commission as a Conditional Use according to the provisions of UCLUO 16.
    2. Private roping and riding arenas with lights and commercial roping and riding arenas which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 16.
    3. A Hunting Preserve or shotgun Shooting Range and incidental accessory Structures which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 16, provided the applicant shows adequate evidence of safe Setback, location layout, noise reduction, and continuing management.
    4. A helicopter pad, landing strip, flying field, or Airport, including terminal and aircraft storage facilities, which is appurtenant to a farming operation in the zone and which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 8.48 and UCLUO 16.
  4. Area Requirements: The minimum area of a zoning Lot or Parcel within the A-40 zone shall be as follows:
    1. Each planned Subdivision, one-Family Dwelling, roping and riding arena, biogas processing facility, shall be located on a Lot or Parcel containing at least forty (40) acres of land.
    2. Each Migrant Agricultural Worker Housing Structure and each Migrant Agricultural Worker Housing manufactured home shall be located on a Lot or Parcel of land with an area of not less than 40 acres, or located on adjacent Lots or Parcels of land in the same ownership as described in a recorded Declaration of Farm Unit consisting of not less than 40 acres, which Declaration of Farm Unit must be approved by the Land Use Authority. If more than one Migrant Agricultural Worker Housing Structure or manufactured home is located within an approved Declaration of Farm Unit, each such Structure or manufactured home shall have an area of not less than 40 acres.
    3. A Large Concentrated Animal Feeding Operation shall be located on a Lot or Parcel containing at least 40 (forty) acres of land.
    4. For other permitted Structures and uses, there shall be no minimum area requirement except as may be necessary to meet the other provisions of this ordinance.
  5. Width Requirements: The minimum width of a zoning Lot or Parcel within the A-40 zone shall be as follows:
    1. For a one-Family Dwelling, farm caretaker Dwelling on a single Lot or Parcel of land or for all farm caretaker Dwellings clustered on one Lot or Parcel of land, and for a Migrant Agricultural Worker Housing Structure or Migrant Agricultural Worker Housing manufactured home, and for a roping and riding arena, the minimum width of the Lot or Parcel at any point between the Frontage and the Structure/s shall be three hundred thirty (330) feet, except for the following:
      1. Any farm caretaker Dwelling which meets the requirements for an exception to Frontage as provided for in UCLUO 4.44 may be located on a Lot or Parcel which has no minimum width requirement except as may be necessary to meet other provisions of this ordinance.
    2. For other permitted uses and Structures, there shall be no minimum width requirement, except as may be necessary to meet under other provisions of this ordinance.
  6. Location Requirements: The minimum location requirements within the A-40 zone shall be as follows:
    1. Front Setback: All Buildings and Structures, other than certain public facilities, landscaping features and Fences which meet the standards of UCLUO 4, UCLUO 6, and UCLUO 8, shall have a front Setback of at least thirty (30) feet, unless an alternate Setback is required or allowed by UCLUO 4, UCLUO 6, and UCLUO 8.
    2. Side and Rear Setback: All Buildings and Structures, other than landscaping features and Fences which meet the standards of UCLUO 4, UCLUO 6, and UCLUO 8, shall have a side and rear Setback of at least fifteen (15) feet, unless an alternate Setback is required or allowed by UCLUO 4, UCLUO 6, and UCLUO 8.
  7. Height Requirements: The height requirements within the A-40 Zone shall be as follows:
    1. The maximum permissible height of any Structure shall be forty (40) feet as determined by the currently adopted Building construction codes of Utah County or by any future edition of these codes that may be adopted, except for the following:
      1. An antenna of a “Stealth Telecommunications Transmission Facility” may exceed the initial elevation of the existing transmission tower, utility pole, or other existing Building or Structure to which it is attached by no more than 10 feet.
      2. For large-scale utility line Structures, there shall be no maximum height.
      3. The maximum height for Windmills shall be 55 feet measured from finished Grade to the highest point of the Windmill blade.
      4. The maximum height for a cellular telephone, radio, television, or other microwave transmission facility shall be 80 feet.
      5. For unoccupied Structures not referenced in 12.48(G)(1)(a)-(d), the Planning Commission may approve a Conditional Use for a height in excess of 40 feet according to the terms of UCLUO 16.
      6. Note: The provisions of the APO Airport Overlay Zone, Setback standards, or other provisions of the ordinance may result in a lesser height than that stated above.
  8. Special Requirements:
    1. The Yards around Buildings shall be kept free of debris, refuse, weeds, and other flammable material which may constitute a fire or health hazard.
    2. No Building site, street, driveway, or other cut or Fill shall be made so the side Slopes exceed the Critical Angle of Repose of the soil unless engineered retaining Structures are approved and constructed.
    3. The Grade of driveways which serve a Dwelling unit or other occupied Structure shall not exceed twelve (12) percent.
  9. Supplementary Regulations: Uses within this zone shall also comply with the applicable requirements set forth in UCLUO 4, UCLUO 6, and UCLUO 8, entitled Supplementary Requirements and Procedures Applicable Within Zones and all other provisions of this land use ordinance.
HISTORY
Amended by Ord. 1997-13 Updated Height Requirements of Occupied Buildings on 5/20/1997
Amended by Ord. 1999-17 Updated Height Requirements on 1/25/2000
Amended by Ord. 2000-19 Updated Stealth Telecommunication Transmission Facilities and Height on 8/28/2000
Amended by Ord. 2002-31 Updated Agricultural Waivers of Subdivision on 10/7/2002
Amended by Ord. 2003-29 Updated Office Structure on 12/14/2003
Amended by Ord. 2003-38 Updated Electronic Impact Analysis on 12/14/2003
Amended by Ord. 2005-19 Updated Height Requirements on 6/1/2005
Amended by Ord. 2006-36 Updated Area Requirement for Subdivision on 10/25/2006
Amended by Ord. 2007-20 Updated Area Requirements for Ag Land on 8/22/2007
Amended by Ord. 2008-10 Updated office, restroom and shower with production on 4/13/2008
Amended by Ord. 2008-13 Updated Dwelling Size on 5/14/2008
Amended by Ord. 2008-21 Housekeeping Update on 7/26/2008
Amended by Ord. 2008-31 Updated Water & Sewage Treatment Plants on 1/10/2009
Amended by Ord. 2009-08 Updated A-40 Zone on 4/11/2009
Amended by Ord. 2009-32 Updated Care and Keeping of Livestock on 10/11/2009
Amended by Ord. 2009-40 Updated Migrant Ag Worker Housing on 1/14/2010
Amended by Ord. 2010-22 Updated Kennel Requirements on 11/8/2010
Amended by Ord. 2010-23 Updated Roping and Riding Arenas on 11/8/2010
Amended by Ord. 2011-29 Updated Exception to Maximum Height on 8/23/2011
Amended by Ord. 2018-17 Updated Dwelling Unit, Setback and Camping on 9/13/2018
Amended by Ord. 2019-29 Updated Accessory Dwelling Units on 11/1/2019
Amended by Ord. 2021-258 Clarification of the height exception for stealth telecommunications transmission facility on 4/9/2021
Amended by Ord. 2021-257 Clarify temporary uses as permitted uses in zone. on 4/9/2021
Amended by Ord. 2021-812 Updated Minimum Ground Floor Requirement on 8/15/2021
Amended by Ord. 2022-14 Caretaker Dwelling on 2/11/2022
Amended by Ord. 2022-241 Large Concentrated Animal Feeding Operation on 4/11/2022
Amended by Ord. 2022-696 on 8/24/2022
Amended by Ord. 2022-1188 Updated Height Requirements on 2/6/2023
Amended by Ord. 2023-251 Updated Kennels on 3/23/2023
Amended by Ord. 2024-57 Updated Conditional Use on 2/8/2024
Amended by Ord. 2024-228 Updated Water Tanks on 4/12/2024
Amended by Ord. 2024-230 Updated Subdivisions on 4/15/2024
Amended by Ord. 2024-919 Updated Biogas Facilites on 11/15/2024

12.52 APO Airport Overlay Zone

  1. Intent: The APO Airport Overlay Zone is created to protect property adjacent to Airports from hazards of aircraft which take off and land in the vicinity of the Airport runways, and to protect operating aircraft from the hazards of tall Structures.
  2. Scope: The Building and Structures in the APO Zone shall be subject to the standards and regulations contained in UCLUO 4, UCLUO 6, and UCLUO 8.
  3. Permitted Uses: All Structures and uses of land which are listed as permitted uses and permitted Conditional Uses in the underlying zoning districts shall also be permitted uses or permitted Conditional Uses in the territory covered by the APO Zone if they meet the standards of both the APO Zone and the requirements of the underlying zone.
  4. Existing Airports:
    1. No Building permit may be issued for any Building or Structure within an APO, Airport Overlay Zone of an existing Airport that is operated by a governmental agency or Airport authority without first obtaining the written approval and recommendations from the jurisdiction in charge of the Airport. The governmental agency or Airport authority must respond within 45 days from the date they are notified of the Building permit application or the Building permit may be issued if no response is received. Exception: Any Structure not considered a Dwelling that contains less than 500 square feet and is less than 20 feet in height as determined by the currently adopted construction codes of Utah County is exempt from this requirement.
    2. Any use of the land within an APO, Airport Overlay Zone shall comply with all applicable requirements of Utah Code 72-10-403, as amended.
HISTORY
Amended by Ord. 1999-01 Updated Airport Overlay Zone on 7/15/1999
Amended by Ord. 2008-21 Housekeeping Update on 7/26/2008
Amended by Ord. 2023-749 Updated Airport Overlay Zone on 8/7/2023

12.56 PF-Public Facilities Zone

  1. Declaration of Legislative Intent: The PF-Public Facilities Zone is found in unincorporated areas which are conducive to the location of public facilities. It is hereby declared that the specific purposes and intent of the County Commission in establishing the PF-Public Facilities Zone are:
    1. To take advantage of the powers and more fully implement the basic purposes for planning and zoning set forth in Utah Code, as amended.
    2. To provide locations where public facilities can be located to meet the needs of the residents of Utah County.
    The specific regulations necessary for the accomplishment of the purposes outlined above are hereinafter set forth.
  2. Permitted Uses: The following shall be permitted in the PF-Public Facilities Zone upon compliance with the standards and requirements as set forth in this ordinance:
    1. The pasturing of domestic Livestock.
    2. The production of fruit and crops in the field.
    3. Agricultural Structures for the storage and keeping of farm products, farm machinery, and protection of domestic Livestock.
    4. Fences, walls, and landscaping, subject to the provisions of UCLUO 4.76.
    5. Signs, subject to the provisions of UCLUO 8.24.
    6. Cellular telephone, radio, television, or other microwave transmission facilities which have a license from the Federal Communication Commission or its successor agency.
    7. Oil, gas, and water wells, and appurtenant pipelines, pumps and pump houses.
    8. Windmills.
    9. Buildings and appurtenant grounds and facilities, when such are owned and occupied by a governmental agency and used for one or more of the following:
      1. Fire and police stations, plus Buildings housing ambulance and similar emergency service Vehicles and equipment.
      2. Buildings and Yards for the storage and upkeep of Vehicles and equipment required for the maintenance and operations of Roads, utility systems and other functions of a governmental entity.
      3. Office Buildings housing the administrative and governmental activities of the agency; group assembly rooms; and post Offices.
    10. Accessory Structures when appurtenant to buildings and uses permitted in the zone.
    11. Composting operations (green waste only) which are owned and operated by a governmental agency on land owned by a governmental entity (including storage and sale of compost materials).
    12. Temporary uses and Structures subject to the provisions of UCLUO 8.16.
    13. Man-made lakes, ponds, dams and other uncovered water impoundments if such are under ten (10) acre feet in capacity, and covered water tanks.
  3. Permitted Conditional Uses: In the PF-Public Facilities Zone the following shall not be permitted by the Zoning Administrator unless approval as a Conditional Use has been authorized in accordance with the land use ordinance by the designated reviewing agency:
    1. A water or sewage treatment plant owned and operated by a governmental entity which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 16.
    2. A man-made lake, pond, dam or other uncovered water reservoir over ten (10) acre feet in capacity when approved by the Planning Commission as a Conditional Use according to the provisions of UCLUO 16.
  4. Area Requirements: The minimum area of contiguous land which is located within the PF-Public Facilities Zone shall be ten (10) acres.
    For permitted Structures and uses within the PF-Public Facilities Zone, there shall be no minimum area requirements, except as may be required under other provisions of this land use ordinance.
  5. Width Requirements: The minimum width of a zoning Lot within the PF-Public Facilities Zone land use shall be as follows:
    For permitted Structures and uses, there shall be no minimum width requirements, except as may be required under other provisions of this land use ordinance.
  6. Location Requirements: The minimum location requirements of the PF-Public Facilities Zone shall be as follows:
    1. Front Setback: All Buildings, Structures, compost areas or other operational areas, shall be set back from the right-of-way line of a county Road (as designated by the Utah County General Plan and the Department of Public Works, Utah County Development Standards), city street or state Road a minimum distance of one hundred (100) feet.
    2. Side and Rear Setback: All Buildings, Structures, compost areas or other operational areas, shall have a side and rear Setback of fifteen (15) feet, unless a greater Setback is required by UCLUO 4, UCLUO 6, and UCLUO 8 or by adopted building and fire codes.
  7. Height Requirements: The height requirement with the PF-Public Facilities Zone shall be as follows:
    1. The maximum permissible height of any structure shall be forty (40) feet as determined by the currently adopted Building construction codes of Utah County or by any future edition of these codes that may be adopted, except for the following:
      1. An antenna of a “Stealth Telecommunications Transmission Facility” may exceed the initial elevation of the existing transmission tower, utility pole, or other existing Building or Structure to which it is attached by no more than 10 feet.
      2. For large-scale utility line Structures, there shall be no maximum height.
      3. The maximum height for Windmills shall be 55 feet measured from finished Grade to the highest point of the Windmill blade.
      4. The maximum height for a cellular telephone, radio, television, or other microwave transmission facility shall be 100 feet.
      5. For unoccupied Structures not referenced in 12.56(G)(1)(a)-(d), the Planning Commission may approve a Conditional Use for a height in excess of 40 feet according to the terms of UCLUO 16.
      6. Note: The provisions of the APO Airport Overlay Zone, Setback standards, or other provisions of the ordinance may result in a lesser height than that stated above.
  8. Supplementary Regulations: Uses within this zone shall also comply with the applicable requirements set forth in UCLUO 4, UCLUO 6, and UCLUO 8, entitled Supplementary Requirements and Procedures Applicable Within Zones and all other provisions of this land use ordinance, and other applicable law.
HISTORY
Amended by Ord. 2008-31 Updated PF-Public Facilities Zone on 1/10/2009
Amended by Ord. 2010-6 Housekeeping Update on 4/19/2010
Amended by Ord. 2010-27 Updated Composting Operations on 12/17/2010
Amended by Ord. 2011-29 Updated Exception to Maximum Height on 8/23/2011
Amended by Ord. 2021-258 Clarification of the height exception for stealth telecommunications transmission facility on 4/9/2021
Amended by Ord. 2021-257 Clarify temporary uses as permitted uses in zone. on 4/9/2021
Amended by Ord. 2022-1188 Updated Height Requirements on 2/6/2023
Amended by Ord. 2024-57 Updated Conditional Use on 2/8/2024
Amended by Ord. 2024-228 Updated Water Tanks on 4/12/2024
Amended by Ord. 2010-27 (2) Updated error located in original ordinance on 12/9/2024

12.60 Transfer Of Development Rights Sending Overlay Zone And Transfer Of Development Rights Receiving Overlay Zone

  1. Purpose: The goals of the Transfer of Development Rights Sending Overlay Zone and the Transfer of Development Rights Receiving Overlay Zone are:
    1. To encourage the preservation of agriculture, and open space by allowing the transfer of Density from such property.
    2. To preserve agricultural lands for continued Agriculture Production and for future open space, trails and park systems.
    3. To provide compensation to the owners of property from which Development rights are transferred.
    4. To preserve recharge areas for underground water aquifers
  2. Definitions:

    "Base Zoning" means existing zoning without the addition of the overlay zones.

    "Conservation Easement" means an easement, covenant, restriction, or condition in a deed, will, or other instrument signed by or on behalf of the record owner of the underlying real property for the purpose of preserving and maintaining land or water areas predominantly in a natural state, scenic, or open condition, or for recreational, agricultural, cultural, wildlife habitat, or other use or condition consistent with the protection of open land. Conservation easement(s) granted under this Ordinance shall be subject to The Land Conservation Easement Act, Utah Code § 57-18-1 (et seq.), as amended.

    "Development Approval" means final plat approval by the Administrative Land Use Authority for Large-scale Developments.

    “Development Credit" means a credit measured in residential units that denotes the amount of Density on sending site property which may be transferred. Development Credits represent all the Development potential on the site.

    “Development Credit Certificate" means the certificate issued by the Utah County Community Development Department that represents the total number of Development Credits recognized for and derived from the sending site that may be transferred.

    “Development Right” means the right held by a fee simple property owner to build on a legally established Parcel of real property. This right is limited by applicable zoning ordinances.

    “Receiving Site (TDR-R)” means a Parcel of real property located in the Transfer of Development Rights Receiving Overlay Zone which also meets all of the criteria of this land use ordinance for a receiving site. A receiving site is the site to which Development Credits may be transferred.

    “Sending Site (TDR-S)" means a Parcel of real property located in the Transfer of Development Rights Sending Overlay Zone which also meets all of the criteria of this land use ordinance for a sending site. A sending site is the site from which Development Credits may be transferred.

    “Transfer” means any action which results in the sale of Development Credits.
  3. Sending Site Eligibility: All properties located within the Transfer of Development Rights Sending Overlay Zone which meet all of the criteria of this land use ordinance for a sending site are eligible to transfer Development Credits. The sending site shall not be located within an existing Large-scale Development, shall meet the definition of a “zoning Lot”, shall be in private ownership, shall have retained all water, water rights, and water shares historically used to irrigate the property, and shall meet the area requirements as described in this land use ordinance.
  4. Development Credit Determination:
    1. The total number of Development Credits available to an eligible sending site Parcel shall be determined as follows:
      1. Parcel with CE-1 base zoning in private ownership that is at least fifty (50) acres in area in one Parcel or by Parcels in the same ownership that are contiguous and abutting and comprise at least fifty (50) acres:
        1. Development Credits shall be one per each fifty (50) acres of property, provided that the Parcel is not currently encumbered with a Dwelling or other permanent Buildings (not including Structures used only for production agriculture).
      2. Parcel with RA-5 base zoning in private ownership that is at least five (5) acres in area in one Parcel or by Parcels in the same ownership that are contiguous and abutting and comprise at least five (5) acres:
        1. Development Credits shall be one per each five (5) acres of property, provided that the Parcel is not currently encumbered with a Dwelling or other permanent Buildings (not including Structures used only for production agriculture).
    2. The calculation of Development Credits will be made by the Community Development Department of Utah County, and will be evidenced by a Development Credit Certificate. If the calculation results in a fraction it shall be rounded down to the nearest whole number. Development Credit Certificates shall only be issued for whole Development Credits. If the sending site is divided by a zoning boundary, the Development Credits shall be calculated separately for each such zoning classification. All Development Credit Certificates issued by Utah County shall be valid for a period of two (2) years from the date of issuance. Thereafter, the certificates shall be null and void. After the expiration of a Development Credit Certificate, the Sending Site owner may reapply for a certificate following the application process contained herein, including the payment of a new application fee.
  5. Sending Site Procedure:
    1. TDR-S property owners may choose to develop their property under base zoning, or they may choose to sell, or transfer their Development rights.
    2. TDR-S fee property owners must request a Development Credit Certificate from the Zoning Administrator to become eligible for the transfer program. The Development Credit Certificate will state the number of Development Credits available for sale or transfer. The property owner shall complete and submit to the Community Development Department a Development Credit Certificate application signed by all property owners which includes the following information:
      1. A title report for each sending Parcel;
      2. A record of survey map prepared by a Utah licensed engineer or surveyor showing property boundaries, area, legal description, zoning boundaries, all existing Structures, easements, rights of way, trails, waterways, lakes, endangered species of plant or animal locations, riparian habitat, the location of any land that is contiguous to or abuts the shoreline of Utah Lake, wetlands, submerged lands, and any areas already in a conservation easement;
      3. A description of the current use of the properties;
      4. A statement of intent indicating whether the property ownership, after TDR certification, will be retained in private ownership or dedicated to a public or private nonprofit agency;
      5. A description of and proof of water rights historically utilized on the properties;
      6. A completed Density calculation worksheet for estimating the number of available base residential Development rights to be transferred;
      7. The name of the proposed holder of the conservation easement and a copy of the proposed conservation easement; and
      8. The application fee.
    3. TDR-S fee property owners must certify to the County that they are in compliance with all statutes, rules, and regulations pertaining to the wetlands on their property. Any noncompliance with applicable regulations shall remain the responsibility of the property owner and shall be resolved prior to approval of the property as a sending site.
    4. Upon receipt of a Development Credit Certificate a TDR-S property owner is eligible to negotiate the sale, or transfer of the Development Credits. The owner, and any subsequent owner, shall also have the right to voluntarily terminate the Development Credits, by delivery of the Development Credit certificates to Utah County and recording of the conservation easement, after which the Development Credits shall be terminated and thereafter cannot be used for any purpose.
    5. A Development Credit may be sold, conveyed, or otherwise transferred for the purpose of increasing Density on a receiving site on the records of the Utah County Community Development Department by the owner(s). The sale, conveyance, or transfer shall occur upon surrender of the Development certificate which authorizes the Zoning Administrator, or designee, to transfer the Development Credit Certificate to the stated transferee by reissuing the Development Credit Certificate in the transferee's name, and recording the re-issue certificate in the real property records of Utah County.
    6. Prior to the approval of a Development on a receiving site which utilizes the Development Credits from the sending site, or at the time that the owner voluntarily terminates the Development Credits, a conservation easement shall be recorded covering the entire sending site, or if only a portion of the available Development Credits are being utilized or terminated then the easement shall cover a pro-rata portion of the sending site, as determined by the Zoning Administrator, or designee, selecting the portion deemed to be the most beneficial in accomplishing the purposes of this chapter. Use of Development Credits should be aggregated, to reduce the need to record conservation easements for small properties.
    7. With regard to the sending site, after the conservation easement is recorded, no uses other than those enumerated in the conservation easement are allowed.
    8. The final transfer of Development Credits will be completed upon Development approval on a receiving site, or upon voluntary termination of the Development Credits.
    9. Prior to the use of any Development Credit, the TDR-S property owners shall provide to the Utah County Community Development Department a current title report showing that the sending property and the related Development Credits are free and clear of all liens and encumbrances, or that such liens and encumbrances are subordinate to the conservation easement and to the Development Credits.
    10. TDR-S property owners shall be responsible for notification of the county tax assessor regarding possible changes in property value.
  6. Receiving Site Eligibility: All properties located within the Transfer of Development Rights Receiving Overlay Zone which meet all of the criteria of this land use ordinance for a receiving site are eligible to receive Development Credits. The receiving site shall not be located within an existing Large-scale Development, shall not be located within any property subject to vested Development rights, shall meet the definition of a “zoning Lot”, and shall be in private ownership. Any person or legal entity eligible to hold title to real property shall have the right to purchase Development Credits.
  7. Receiving Site Procedures:
    1. If any Development within the Transfer of Development Rights Receiving Overlay Zone requests a Density greater than the Density allowed in the underlying zone, the increased Density shall be realized through Development Credits from a sending site. Any Development requesting the higher Densities shall bring evidence of Development Credits from a sending site in the form of ownership, or the legal option to purchase, at the time of Development application. The applicant must provide proof of ownership of Development Credits from the sending site prior to final approval of the Development. Development of a receiving site shall be subject to all of the provisions of the base zoning and all of the provisions of this land use ordinance, except that additional Density may be approved through the transfer of Development rights to the receiving site. A receiving site may accept Development rights from one or more sending sites, up to the maximum Density permitted.
    2. The number of Development Credits required shall be equal to the difference between the proposed Density and the Density allowed by the base zoning, up to the maximum percentage increase in Density.
    3. Any Large-scale Development approval process, using Development Credits, shall follow the standard procedures as prescribed in this land use ordinance.
    4. The maximum percentage increase in Density from the Density allowed in the base zoning, through the use of Development Credits, shall be 100%.
    5. No Development approval will be final until a sending site permanent conservation easement is recorded in the records of the Utah County Recorder for the number of Development Credits used to achieve the higher Density for the project. The conservation easement shall be in a form acceptable to Utah County, and shall prohibit any future Development of the sending site property, even if the zoning of the sending site is changed to allow greater Density or more intense use. The conservation easement shall also require that all water, water rights, and water shares historically used to irrigate the property be permanently retained and used on the sending site. The easement shall be held by a non-governmental non-profit entity acceptable to Utah County. The easement shall require that the easement area be maintained as it exists when the easement is created, including natural areas, wildlife preserves, trails, or other identified environmental or open land resources, or that it be used for its present agricultural production, for recreation use, for wild land conservation, for open space, or for other agreed upon non-residential and non-urban land use, as approved by the Board of Commissioners of Utah County and the holder of the conservation easement, as described in the easement. The easement shall include a reference to the extinguishment of the Development rights transferred from the sending site. If additional rights are transferred after the recordation of a conservation easement, the easement shall be amended to reflect the extinguishment of those additional rights and shall be recorded thereafter. All parties who have an interest in the property must sign the conservation easement. The conservation easement must be approved by Utah County, as reflected by an approved as to form signature of the Board of County Commissioners. If the holder of a conservation easement proposes to transfer the easement to another entity, the recipient of any transferred interest shall meet the requirements of this section and shall be approved, in advance, in writing, by Utah County. Any instrument purporting to convey a conservation easement pursuant to this section, without the written approval by Utah County on the instrument, is void.
  8. Scope and Permitted Uses:
    1. Unless specifically exempted by this the provisions of this Section, uses within the Transfer of Development Rights Sending Overlay Zone and uses within the Transfer of Development Rights Receiving Overlay Zone shall also be subject to the standards and regulations contained in UCLUO 4, UCLUO 6, and UCLUO 8, the standards and regulations contained in this land use ordinance, and the standards and regulations of the base zoning.
    2. All Structures and uses of land which are listed as permitted uses and permitted Conditional Uses in the base zoning districts shall also be permitted uses or approved Conditional Uses in the territory covered by the Transfer of Development Rights Sending Overlay Zone and the Transfer of Development Rights Receiving Overlay Zone if they meet the standards of both the Transfer of Development Rights Sending Overlay Zone and the Transfer of Development Rights Receiving Overlay Zone and the requirements of the base zoning.
  9. Agriculture Protection Area Exception: Any property located in an agriculture protection area as of the effective date of the ordinance enacting this Section, which has not provided to the Community Development Office, in a format acceptable to the Zoning Administrator, a written consent signed by all property owners located within the agriculture protection area, agreeing to be bound by and consenting to all of the provisions of this Section 5-16 and the creation of and zoning of properties to the Transfer of Development Rights Sending Overlay Zone and the Transfer of Development Rights Receiving Overlay Zone, shall not be included in the Transfer of Development Rights Sending Overlay Zone or the Transfer of Development Rights Receiving Overlay Zone, shall not be subject to this Section, and shall not qualify as a sending site nor as a receiving site until such property owner provides to the Community Development Office, in a format acceptable to the Zoning Administrator, a written consent signed by all property owners located within the agriculture protection area, agreeing to be bound by and consenting to all of the provisions of this Section and the creation of and zoning of properties to the Transfer of Development Rights Sending Overlay Zone and the Transfer of Development Rights Receiving Overlay Zone, or such property owner withdraws from the agriculture protection area, and the County thereafter enacts an ordinance including such property in the Transfer of Development Rights Sending Overlay Zone or the Transfer of Development Rights Receiving Overlay Zone.
HISTORY
Amended by Ord. 2010-30 Housekeeping Update on 12/3/2010
Amended by Ord. 2017-5 Updated Development Approval on 6/22/2017
Amended by Ord. 2024-230 Updated Development Approval on 4/15/2024

12.64 Goshen Valley Planned Community (P-C) Zone

  1. In recognition of the desirability of holistic long-range planning within the area of the Goshen Valley Specific Area Plan portion of the Utah County General Plan, the Goshen Valley Planned Community Zone (P-C Zone) establishes a process for landowners and the County to work together to determine and plan the potential capacity, intensity, and general types of uses early in the planning process for Large-scale Developments, while allowing flexibility to respond to changes in market forces and technology over long build-out periods, with provision for allowance of interim uses, such as agriculture and mining.
  2. It is hereby declared that the specific purposes and intent of the County Commission in establishing the P-C Zone are:
    1. To take advantage of the powers and more fully implement the basic purposes for planning and zoning set forth in Utah Code, as amended.
    2. To promote economic Development.
    3. To implement the Goshen Valley Specific Area Plan portion of the Utah County General Plan.
    4. To facilitate investment in infrastructure for economic and community Development.
    5. To provide predictability for landowners in Development planning and implementation.
    6. To promote long-range planning for Large-scale Development that:
      1. Provides employment centers and other employment opportunities balanced over time with appropriate residential uses so as to facilitate a desirable jobs/housing balance with the intent of reducing Vehicle miles traveled;
      2. Establishes mixed-use centers in appropriate locations and sizes to meet the needs of residents within close proximity to their homes, with suitable design to shorten auto trips and facilitate walking, biking, and transit use;
      3. Establishes neighborhoods that provide a variety of housing types and that also provide ready access to facilities for the social, religious, educational, and recreational needs of the residents;
      4. Plans to accommodate sufficient Density in appropriate locations to support future fixed-guideway transit;
      5. Establishes a network of parks, trails, open space, recreational facilities, and civic facilities to provide recreational opportunities, gathering places, cultural opportunities, and government services to residents;
      6. Establishes a viable nucleus for future incorporation as a sustainable community.
  3. Zone Area: The P-C Zone is intended to be used over time to facilitate urban Development only within the Goshen Valley Specific Area Plan. Each P-C Zone application shall be made by a single owner, except that contiguous land Parcels owned by multiple owners may be combined by such owners for zoning, planning, and Development purposes through a common Development plan. All such owners shall be parties to a Master Development Agreement for such Parcels. No land may be included in a P-C Zone Plan or a Community Structure Plan without the consent of the landowner. If a proposed P-C Zone is smaller than 1,000 acres, an applicant shall be required to demonstrate consistency and coordination with already-approved Development plans on nearby properties so as to form a unified Development layout. Notwithstanding the foregoing, an owner of property that is already zoned as P-C Zone may apply to expand such P-C Zone by applying for rezoning of contiguous property as P-C Zone and for amendment of the adopted P-C Zone Plan, if any, to accommodate such additional property. In acting on requests to apply the P-C Zone to a particular area, the County Commission shall consider, among other factors which the County Commission deems appropriate, phasing of growth and general consistency with the Goshen Valley Specific Area Plan.
  4. Permitted Uses: Except for those uses listed as prohibited uses herein, the following uses shall be permitted in the P-C Zone if consistent with the land use designations and Development Standards of an approved Community Structure Plan (“CSP”) (or if permitted under Paragraph J entitled “Existing Uses”), if conducted in compliance with the standards and requirements of the P-C Zone, and, where County Commission review is required hereunder, if found by the County Commission to both further the Goshen Valley Specific Area Plan and to be in compliance with the standards and requirements set forth for approval hereunder:
    1. Residential uses of all types on a range of Lot or Parcel sizes, including, without limitation, single-Family detached; single-Family attached; multi-Family residential; town homes; loft and mother-in-law apartments; residential units above ground floor Retail, commercial, or Office uses; Condominiums; group homes as required by law; and any accessory Structures or uses which are ancillary to any of the foregoing;
      1. Retail, service, Office, Hotel, restaurant, day care, entertainment, and all other commercial uses of any type;
      2. Public uses, quasi-public uses, and civic uses;
      3. Mix of permitted uses (including, without limitation, Office/commercial, Office/residential, and Retail/residential) within individual Structures, including home-based businesses following the provisions of the County Code;
      4. Open space, including, without limitation, landscaped areas and areas in natural vegetation, agricultural areas, golf courses, parks, trails, reservoirs and recreational areas and facilities;
      5. Mining, reclamation, Grading, dikes, berms, sand and gravel extraction, and similar activities on an interim basis;
      6. Industrial, manufacturing, and energy production and distribution;
      7. Utility and transportation facilities and systems, including water and sewer treatment and transmission facilities;
      8. Agricultural uses of all kinds;
      9. Auxiliary and ancillary uses.
      Specific standards for location, compatibility, types, and spatial arrangement of specific uses within a Community Structure Plan shall be proposed by the applicant as part of a Development Standards application and shall be subject to the Development Standards review and approval processes described herein. The County Commission may disapprove or modify a proposed standard during the Development Standards approval process if the County Commission finds that the proposed standard or use (i) is inconsistent with the criteria established in this Ordinance for approval of Development Standards; (ii) is not generally consistent with the Goshen Valley Specific Area Plan; (iii) is not appropriate at a particular location due to incompatibility with other surrounding existing or approved uses; (iv) is not supported by sufficient capital facilities or demonstrated ability to fund and provide all necessary public facilities and services; (v) does not promote efficient use of public capital facilities; or (vi) is contrary to the health, safety, or general welfare of the citizens of Utah County. In addition, the above permitted uses are subject to the Community Structure Plan, Subdivision, and site plan review and approval requirements and standards in this ordinance and the requirements of other applicable County ordinances.
  5. Prohibited Uses: Notwithstanding anything to the contrary herein, the following uses shall be prohibited within the P-C Zone:
    1. Automobile wrecking and Salvage Yards;
    2. A sexually oriented business, as such term is defined in UCC 8.12;
    3. A Building or facility for the refining and processing of petroleum and related products;
    4. A Building or facility for the fabrication, portion controls (killing, skinning, and meat cutting), slaughtering and processing of domestic Livestock or poultry, including rendering plants;
    5. A Building or facility for the smelting and refining of ferrous and nonferrous metals;
    6. A sanitary landfill, and any ancillary trucking, shredding, crushing, grinding, compacting or similar facility, unless such landfill and ancillary uses are approved as a Conditional Use;
    7. Garbage, waste and refuse transfer stations, except for such stations that are approved as a Conditional Use;
    8. Recycling and sorting facilities which are not contained within an enclosed Structure, unless such facilities are approved as a Conditional Use;
    9. Correctional Institutions;
    10. A Building, facility or appurtenant Structure for the manufacture or storage of explosives; and
    11. The raising of mink and similar fur-bearing animals.
  6. Special Requirements:
    1. Only permitted, conditional or accessory uses as set forth in this chapter may be conducted in the P-C Zone. A Conditional Use permit must be obtained prior to the establishment of a Conditional Use.
    2. The Yards around Buildings shall be kept free of debris, refuse, weeds, and other flammable material which may constitute a fire hazard.
    3. No Building site, street, driveway, or other cut or Fill shall be made so the side Slopes exceed the Critical Angle of Repose of the soil unless engineered retaining Structures are approved and constructed.
    4. The Grade of driveways which serve a Dwelling unit or other occupied Structure shall not exceed twelve (12) percent.
    5. All uses in the P-C Zone shall be conducted within fully enclosed Buildings, except those uses customarily conducted in the outdoors, including, but not limited to, outdoor eating establishments, agricultural uses, mining and earthwork, Christmas tree Lots, golf courses, gardens, nurseries and parks, solar energy collection and storage systems, and energy distribution operations and facilities.
    6. Accessory uses may be conducted in the P-C Zone only in conjunction with allowed permitted and Conditional Uses. Accessory uses include, but are not limited to, caretakers, nurses, nannies, maids, Home Occupations, recreational facilities, swimming pools, gardens, garages, sheds, parking lots and terraces, properly screened utility and loading areas, satellite dishes and other Structures and activities which are incidental and subordinate to the principal permitted or Conditional Use on the premises.
    7. There shall be no open storage of trash, debris, used materials or commercial goods, or wrecked or neglected materials, equipment or Vehicles in the P-C Zone. No commercial materials, inventory, or equipment may be stored in the open, except as otherwise approved by this chapter or by the County Commission. The foregoing restriction shall not be construed as to prevent the placement and use of equipment necessary to facilitate those uses customarily conducted in the outdoors, as described in this Paragraph.
    8. It shall be unlawful to park, store or leave, or to permit the parking, storing or leaving of any Vehicle of any kind, or parts thereof, which is in a wrecked, junked, unlicensed, dismantled, inoperative or abandoned condition, whether attended or not, upon any private or public property within the P-C Zone for longer than 72 hours, except that up to two (2) such Vehicles or parts thereof may be stored completely within an enclosed Building.
    9. Watercraft, trailers, campers, motor homes and other utility or Recreational Vehicles shall be stored within completely enclosed, lawfully constructed Buildings or within opaque Fence enclosures at least six (6) feet tall and at least six (6) feet behind the front line and the street side of the main Building on the Lot or Parcel in a P-C Zone, except that said Vehicles may be stored temporarily in front or side Yards for no longer than 24 hours. Travel trailers, campers and motor homes may not be occupied as living quarters in the P-C Zone, except that a Vehicle owned by a guest of the resident may be stored and occupied in the required front Yard or side Yard of the permanent Dwelling for no more than seven (7) days per calendar year.
  7. Supplementary Regulations: Uses within this zone shall also comply with the applicable requirements set forth in UCLUO 4, UCLUO 6, and UCLUO 8, entitled “Supplementary Requirements and Procedures Applicable Within Zones,” and all other provisions of this land use ordinance, except as such requirements and/or provisions are overridden by County Commission-approved Community Structure Plans or Development Standards, as set forth herein.
  8. Land Use Designations: The land use pattern of the P-C Zone is focused on an organized hierarchy of mixed-use environments (called “centers”), which are the primary organizing elements of the P-C Zone and include a range of intensities of uses and combinations of housing types and sizes, jobs, civic amenities and services. The P-C Zone also contains areas of more uniform Development (but potentially containing areas of mixed use) including different categories of residential areas, employment areas, and agricultural areas. Under the P-C Zone, an area shall be considered mixed use if it contains residential, commercial, Retail, industrial, Office, civic, religious, educational and/or any other uses of land, or any combination thereof, so long as it includes two or more uses.

    Development (other than Development permitted under Paragraph J entitled “Existing Uses”) within the P-C Zone shall consist of the land uses set forth below, which provide the organizational planning components for different areas within the P-C Zone. Various uses proposed in the P-C Zone may only be established in conformance with the provisions of this Section. General locations of the various land use designations are established through the Community Structure Plan process. In computing the Densities in the types of land use designations set forth below, “net residential acreage” includes all acres utilized for residential uses in the localized area designated with that land use designation, in addition to open space and local rights of way located within the residential Development. “Gross acreage” includes all acres utilized or intended to be utilized for any purpose in the localized area designated with that land use designation, including, without limitation, all areas of civic, religious, open space, public, quasi-public, commercial, Office, recreational, manufacturing, industrial, Retail, residential, rights-of-way, and all other uses within the localized land use designation area.
    1. Mixed-Use Centers: Mixed-use centers span a variety of scales, with Urban Centers providing the highest intensities and mix of uses, and Neighborhood Centers the lowest intensities. The mixes of uses described herein are intended as descriptions of typical uses that might occur in such centers, and all described uses need not be included in any one mixed-use center. A mixed-use center may over time evolve into a more intense type of mixed-use center; for example, a Village Center may evolve into a Town Center.
      1. Neighborhood Center: Neighborhood Centers combine a range of housing types, including single-Family and multi-Family units, with civic uses and perhaps a small amount of Retail services. The civic focus forms a crossroads for larger groupings of residential neighborhoods. Neighborhood Centers typically combine educational, civic, and/or recreational uses. A neighborhood green or other form of gathering place is also typical of the Neighborhood Center. Housing Densities in the Neighborhood Center range from 4 to 15 Dwelling units per net residential acre. The Neighborhood Center is generally accessible by foot, bicycle, or short auto trips.
      2. Village Center: The Village Center is a major organizing land use component typically consisting of a Grocery Store or other anchor accompanied by smaller shops and restaurants. This Retail core is typically supported by 5,000 to 10,000 homes. The Village Center integrates civic uses into its Development mix, and street connectivity is emphasized to maximize the accessibility of local services and destinations by foot, bicycle, transit or short auto trip. Housing Densities in the Village Center range from 7 to 20 Dwelling units per net residential acre.
      3. Town Center: The Town Center is designed for high Density mixed-use Development that emphasizes Office, commercial and recreational uses, but also includes residential (single and multi-Family), public/semi-public, industrial, and open space uses. The Town Center may serve as an important local and regional transit node, with both housing and employment organized to facilitate easy pedestrian access to the transit system and provide essential services and amenities within walking distance for residents and employees. Housing Densities in a Town Center range from 15 to 30 Dwelling units per net residential acre.
      4. Urban Center: The Urban Center is the most intense of the mixed-use centers and is designed to serve as a major regional destination, with a strong Retail and employment focus. Higher Density housing complements the rich mix of commercial opportunities, and streets are organized to facilitate connections among uses and destinations within the Urban Center. Major regional and local transit facilities may serve as an essential focus of the Urban Center, and major roadways provide excellent regional auto access to the households, jobs, and services in the center. Housing Densities in the Urban Center range from 25 to 50 Dwelling units per net residential acre.
      Individual Structures within mixed-use centers, including Neighborhood Centers, Village Centers, Town Centers, and Urban Centers, may contain mixed uses.
    2. Residential Categories: Each of the residential categories set forth below typically will, but need not where geographical or other conditions dictate otherwise, be clustered around any of the mixed-use center types in order to provide a wide variety of unique residential opportunities.
      1. Cluster Residential: Cluster Residential areas feature lower Density single-Family homes in a cluster pattern. Cluster Residential areas are intended to be located near significant habitat or Open Space areas to provide a transition and buffer from more intensive Development. Housing Densities in Cluster Residential range from .25 to 4 Dwelling units per gross acre included in the entire Cluster Residential area.
      2. Hillside Residential: Foothill Residential areas are generally accommodated within Sloped areas. Instead of typical sites with flat developable pads, the Slope offers terraced private Yards, common shared greens, and views over adjacent homes. Housing Densities in Foothill Residential range from .25 to 6 Dwelling units per gross acre included in the entire Foothill Residential area.
      3. Neighborhood Residential: Neighborhood Residential areas contain a variety of housing choices mixed together with areas designated as Open Space. Housing Densities in Neighborhood Residential range from 2 to 10 Dwelling units per gross acre included in the entire Neighborhood Residential area.
      4. Village Residential: Village Residential areas are typically located near the more intense mixed-use centers and along transit corridors and provide for small-lot single-Family residential as well as multi-Family areas with row houses, Condominiums, and apartment Buildings. Housing Densities in Village Residential range from 4 to 20 Dwelling units per gross acre included in the entire Village Residential area.
    3. Employment Categories: The P-C Zone focuses on an eventual balance of jobs and housing, and the close integration of higher Density housing within and adjacent to employment centers.
      1. Office Employment: Office Employment areas are designated for locations adjacent to mixed-use centers and residential areas, providing employment opportunities in close proximity to homes and amenities. Additionally, Office Employment areas are served by excellent transit and/or auto access. Office Employment areas have a gross floor to area ratio of at least 0.35.
      2. Industrial Employment: Industrial Employment areas consist of light, medium and heavy industrial uses including warehousing, shipping facilities, and manufacturing.
      3. Flex Districts: Flex Districts are intended to provide a variety of research and other employment opportunities and will typically consist of light industrial, Office, warehousing, and research and Development uses as well as personal services and supportive Retail uses. Flex Districts are typically, where feasible, located near regional Road and rail corridors and have a gross floor to area ratio of 0.20 or more.
      4. Portal Districts: Portal Districts are intended to be located in areas highly accessible to the automobile, such as near a freeway interchange or at an intersection of two major arterials. Portal Districts provide a variety of Retail, Office, and/or Hotel opportunities and are an appropriate location for large-format Retail establishments and other businesses for whom visibility and automobile access is critical.
  9. Open Space: Open Space is a publicly or privately owned or managed area which is landscaped or natural, or developed for recreational uses. Open Space shall not include the Utah Lake bed owned by the State of Utah (below the ordinary high-water mark). The County Commission may require that certain Open Space be subject to a management plan approved by the County Commission. Management plans may include agricultural uses such as grazing, field crops, silviculture, necessary husbandry practices, and other compatible uses. Each P-C Zone Plan area shall contain not less than the sum of the following percentages of gross acreage in Open Space at buildout:
    1. 10 percent of the gross acreage of Industrial Employment, Flex District, and Portal District land use designations;
    2. 20 percent of the gross acreage of Office Employment, Village Center, and Town Center land use designations;
    3. 25 percent of the gross acreage of Cluster Residential, Hillside Residential, Neighborhood Residential, and Urban Center land use designations; and
    4. 30 percent of the gross acreage of Village Residential and Neighborhood Center land use designations. The County Commission may require that up to 50 percent of the required Open Space be dedicated to the County, or a County designee that is required to maintain the Open Space as Open Space. If lands adjacent to a Community Structure Plan are owned as public open space by one or more public agencies, appropriate access, including maintenance of existing access, will be provided to that public open space in coordination with the public agency(ies). Open Space areas need not be spaced uniformly throughout the P-C Zone Plan area but can be focused or concentrated in certain distinct areas. Nevertheless, when Community Structure Plans for a total of twenty percent (20%), forty percent (40%), sixty percent (60%), eighty percent (80%), or one hundred percent (100%) of the gross acreage of a P-C Zone Plan area have been approved, the aggregate of the approved Community Structure Plans must meet the required Open Space percentages listed above unless the applicant demonstrates and provides adequate assurances to the County Commission’s satisfaction that the Open Space will be reserved and accommodated in one or more alternate locations. In addition, each CSP containing any residential use shall include Open Space that is not less than 15 percent of the gross acreage of residential and mixed-use center land use designations contained in the CSP. The Open Space shall include an integrated design to provide for community and regional parks, together with related and interconnecting trails, walkways, and parkways. Open Space may, but need not, be recorded as all or portions of Lots or Common Areas. Open Space shall be preserved and properly maintained by one or more public owners, by one or more private owners through taxing districts or owners’ associations with power to assess and collect fees for maintenance, or through another mechanism acceptable to the County Commission. Open Space may not include private residential Lots or individually owned residential Yard areas. Open Space shall include:
      1. parks;
      2. sports fields;
      3. playgrounds;
      4. lakes, not including Utah Lake bed;
      5. water features, canals, and drainageways;
      6. storm water retention areas, if designed and open for public or community use;
      7. Slope protection areas;
      8. natural habitat;
      9. pedestrian, bicycle, and equestrian trails and walkways (other than sidewalks that are included within the street right-of-way);
      10. streetscape or landscape buffer areas beyond the minimum required by County Code;
      11. open Common Areas on lands owned by a not-for-profit community owners’ association, including such Common Areas utilized for agricultural uses; and
      12. other similar areas if approved by the County Commission.
  10. Existing Uses: It is anticipated that buildout of an area designated as P-C Zone will occur over many years. Therefore, existing legal uses may continue within the P-C Zone after rezoning to P-C. In addition, uses may be conducted within the P-C Zone in accordance with the requirements of the A-40 zone prior to, and if not inconsistent, after the approval of a Community Structure Plan for an area. The following uses shall also be permitted prior to approval of a Community Structure Plan for an area, if approved as a Conditional Use: mines (underground and open pit); sand, gravel, topsoil and earth-products pits; the attendant screens, rock crushers, stockpiles, and waste dumps located within the bonded boundary of the mine or pit; and other ancillary uses; temporary motion picture and television locations and related uses incidental to film and television production; solar energy collection and storage systems; and energy distribution operations and facilities, all subject to the provisions of UCLUO 4, UCLUO 6, and UCLUO 8. Upon approval of a Community Structure Plan, that Community Structure Plan and accompanying Development Standards may specify under what terms agricultural, temporary film locations and related uses, mining uses, solar energy collection and storage systems, and energy distribution operations and facilities may continue, if at all, on the property subject to the Community Structure Plan. The County Commission may require, as a condition of approval of a Community Structure Plan, buffers, transitions, alternate access routes, or other measures to ensure compatibility with adjacent interim uses.
  11. Bulk Requirements: General bulk requirements are established as follows:
    1. Within residential land use designations (Cluster Residential, Hillside Residential, Neighborhood Residential, and Village Residential), Buildings shall be spaced at least six (6) feet apart, with a minimum front Setback of ten (10) feet and a minimum Setback from any side streets of ten (10) feet. Such minimum spacing and Setbacks shall not apply within mixed-use centers except as established in approved Development Standards.
    2. Within employment land use designations (Office Employment, Industrial Employment, Flex Districts, and Portal Districts), Buildings shall have a minimum front Setback of at least 20 feet. Such minimum Setback shall not apply within mixed-use centers except as established in approved Development Standards.
  12. P-C Zone Development Approval Process: For uses other than existing or interim agriculture, grazing, and mining uses specified above, Development within the P-C Zone will require a series of plans to be prepared and submitted for approval. The purpose of this process is to establish the Development plans for property within the P-C Zone while recognizing the large-scale nature of the Development and the need for and benefits of integrated planning combined with long-term flexibility. The process is outlined as follows:
    1. Rezoning: The first step is the rezoning of the property as P-C Zone, which may be initiated by the County Commission or by property owner application. No property will be zoned to the P-C Zone unless a Master Development Agreement is concurrently entered into between the property owner and the County. The Master Development Agreement shall be recorded in the records of the Utah County Recorder. The Master Development Agreement shall establish the infrastructure and services required for Development to the degree of detail appropriate to the size and nature of the proposed P-C Zone area, the vesting of Development rights, if any, as well as other items as required by the County Commission, and shall constitute restrictive covenants which shall run with the land. The Master Development Agreement shall provide that certain infrastructure and services, or adequate assurance of provision thereof, must be provided before Development (other than development permitted under Paragraph J entitled “Existing Uses”) may occur. If a P-C Zone Plan is processed concurrently with rezoning, the Master Development Agreement may be processed with the P-C Zone Plan.
    2. P-C Zone Plan: The first step following rezoning is the preparation and approval of a P-C Zone Plan that establishes the Development program and general Development footprint for the portion of the P-C Zone included in the P-C Zone Plan and, if vested Development rights are granted in the associated Development Agreement, includes the total residential Dwelling units and total Floor Area square footage of nonresidential uses for the portion of the P-C Zone located within the P-C Zone Plan area. Approval of the P-C Zone Plan does not vest the entitlement to develop the P-C Zone Plan area property in accordance with the P-C Zone Plan, unless vested Development rights are granted in the associated Development Agreement. If vested Development rights are granted in the associated Development Agreement, approval of the P-C Zone Plan vests the entitlement to develop the P-C Zone Plan area property in accordance with the P-C Zone Plan, subject to all conditions of approval, subject to the terms of all related Development Agreements, subject to any infrastructure and service requirements, and in accordance with the procedures set forth in this Section. Application for a P-C Zone Plan may be made concurrently with the rezoning process. No application for a P-C Zone Plan shall be approved unless a Development Agreement has been entered into between the property owner and the County, or is approved by the County Commission concurrent with approval of the P-C Zone Plan. The Development Agreement shall be recorded in the records of the Utah County Recorder. The Development Agreement shall establish the infrastructure and services required for Development of the area covered by the P-C Zone Plan to the degree of detail appropriate to the size and nature of the proposed P-C Zone Plan, as well as other items as required by the County Commission, and shall constitute restrictive covenants which shall run with the land. The Development Agreement shall provide that certain infrastructure and services, or adequate assurance of the provision thereof, must be provided before Development (other than Development permitted under Paragraph J entitled “Existing Uses”) may occur. If the area and boundaries of the P-C Zone Plan are identical to the area and boundaries of the property covered by a previously approved Master Development Agreement, the Master Development Agreement may constitute the Development Agreement for the P-C Zone Plan area. If a P-C Zone Plan is processed concurrently with rezoning, the Master Development Agreement may constitute the Development Agreement for the P-C Zone Plan area and be submitted and processed with the P-C Zone Plan.
    3. Community Structure Plan: Following approval of a P-C Zone Plan, the next step for each Community or Communities is the preparation and submission of a Community Structure Plan (CSP). A Community is any portion of a P-C Zone Plan area that has a common land use pattern, street system, open space system or other infrastructure system. A CSP may be submitted and approved at any time following, or concurrent with, approval of a P-C Zone Plan. Communities need not be developed simultaneously and may be sequenced. Each CSP shall establish the unifying systems for the Development such as open space and transportation corridors and envelopes for the locations of the land use designations (e.g., mixed-use centers, residential areas, employment areas, Open Space). Each CSP shall also establish the infrastructure and services required for Development of the CSP area to the degree of detail appropriate to the size and nature of the proposed CSP. Approval of a CSP does not vest the entitlement to develop the Community Structure Plan area in accordance with the CSP, unless the Master Development Agreement for the property encompassing the CSP area states that vested Development rights shall be automatically granted for all subsequent CSPs within such property or unless vested Development rights for the CSP are granted in another Development Agreement relating to or encompassing the CSP area. If vested Development rights for the CSP are so granted in the Master Development Agreement, or another Development Agreement, approval of the CSP vests the entitlement to develop the CSP in accordance with the CSP, subject to all conditions of approval, subject to the terms of all related Development Agreements, subject to any infrastructure and service requirements, and in accordance with the procedures set forth in this Section; provided, however, that no such condition of approval or requirement may limit, restrict, or abridge the vested Development rights granted in the Master Development Agreement or any earlier Development Agreement. An applicant may over time submit CSPs with different levels of specificity for the same Community or Communities or any portion thereof. In conjunction with a CSP, an applicant shall submit Development Standards for review and approval.
    4. Subdivision Plat, Site Plan, etc.: Prior to commencing Development, the applicant must receive any Subdivision, Condominium, Building permit, or similar approvals required by County Code. In addition, a site plan shall be required in conjunction with an application for a Building permit for a non-residential or mixed-use Building as set forth herein.

      The P-C Zone planning and approval process is summarized in the following table:

      APPROVAL STEP
      SCALE (AREA COVERED BY APPLICATION)
      WHAT IS DESCRIBED AND APPROVED
      APPROVAL LEVEL
      STEP 1
      Rezoning
      Total land area to be rezoned P-C.
      Land area to be rezoned; Master Development Agreement dealing with vesting of Development rights and infrastructure and services required for Development.
      Planning Commission Recommendation and County Commission Approval
      STEP 2
      P-C Zone Plan
      P-C Zone Plan area.
      If vested Development rights are granted in the Development Agreement, a land use table outlining number of Dwelling units and square feet of nonresidential Development, subject to all related conditions and Development agreements; Development Agreement dealing with infrastructure and services required for Development.
      Planning Commission Recommendation and County Commission Approval
      STEP 3
      Community Structure Plan
      Any portion of the P-C Zone Plan area that has a common land use pattern, street system, open space system or other infrastructure system.
      A land use table outlining number of Dwelling units and square feet of nonresidential Development, specific systems for the Community such as collector and larger roadways, open space networks; envelopes for location of mixed-use centers, residential areas, and employment areas; Development Standards; all subject to all related conditions and Development agreements.
      Planning Commission Recommendation and County Commission Approval
      STEP 4
      Subdivision plat, site plan, Condominium, etc.
      One or more phases of Development.
      As required by County Code.
      As required by County Code.
      In acting on requests for approval of an application under the P-C Zone Development Approval Process, the County Commission may, to the extent permitted by applicable laws and upon finding that such action is required to further the intent and purposes of this zone and the Goshen Valley Specific Area Plan, override any limitations on intensity of use, use restrictions and limitations, Development standards or similar limitations on Development or construction contained in other portions of the County Land Use Ordinance or elsewhere in the County Code. In deciding such matters, the County staff, Planning Commission, and County Commission shall
      1. make such decisions in accordance with this Section and in connection with the applicable request for approval,
      2. take into account the purposes of the Goshen Valley Specific Area Plan and of the P-C Zone and the intensities of use, uses and mix of uses permitted herein, and
      3. ensure adequate provision to protect health, safety, and general welfare. Should an application approved by the County pursuant to the P-C Zone Development Approval Process or a Development agreement vary from prior applications submitted and approved, the terms of such subsequent application or Development agreement shall apply.

        A P-C Zone Plan, a Community Structure Plan, Development Standards, or associated approvals may be amended from time to time following the same process as required for initial approval, including application and County Commission approval.
  13. P-C Zone Plan:
    1. A P-C Zone Plan shall be submitted for review and recommendation by the Planning Commission and approval by the County Commission for any portion of property zoned P-C Zone. A P-C Zone Plan may, but need not, be processed and approved concurrently with rezoning of property as P-C Zone. The plan shall govern Development within the P-C Zone Plan area, as set forth in this Section. Any requirements of this Section considered by the Zoning Administrator to be non-applicable may be waived or altered in writing by the County at the request of the applicant. The following information shall be provided on one or more dated 24” x 36” sheets (6 copies of each) and an 11” x 17” reduced copy of each page unless otherwise required by the Zoning Administrator:
      1. Name of planned Development;
      2. Names, addresses and phone numbers of applicant and owners;
      3. P-C Zone Plan area Parcel location, legal description, acreage, boundary, scale and north arrow;
      4. If vested Development rights are granted in the associated Development Agreement, a land use table showing the number of Dwelling units and areas (in Floor Area square footage) of the various non-residential land uses proposed in the P-C Zone Plan area;
      5. Major existing land uses, Roads, waterways, and utilities, and easements and Flood boundary;
      6. Unless the area and boundaries of the P-C Zone Plan are identical to the area and boundaries of the property covered by a previously approved Master Development Agreement, a proposed Development Agreement outlining the infrastructure and services required for Development of the area covered by the P-C Zone Plan to the degree of detail appropriate to the size and nature of the proposed P-C Zone Plan as approved by the County Commission. If a P-C Zone Plan is processed concurrently with rezoning, the Master Development Agreement may constitute the Development Agreement for the P-C Zone Plan area and be submitted and processed with the P-C Zone Plan;
      7. Adjacent Parcels, owners, owners’ addresses, and existing uses;
      8. Topography and significant features on or adjacent to the property; and
      9. Other aspects of the Development program for the property as desired by the applicant. An applicant may submit the required information and documentation electronically as the County directs.
    2. A P-C Zone Plan must include all the elements required by this section. The Planning Commission shall review a proposed P-C Zone Plan and make a recommendation to the County Commission. The Planning Commission and County Commission shall review a P-C Zone Plan for consistency with the standards, requirements, and purposes of this zone as set forth herein, as well as general consistency with the Goshen Valley Specific Area Plan. The County Commission may approve, conditionally approve, or deny an application for a P-C Zone Plan. If necessary to ensure the construction and maintenance of needed infrastructure and the provision of governmental services, the County Commission may require as a condition of the approval of a P-C Zone Plan certain requirements regarding provision of infrastructure and services, which conditions may be memorialized in a Development agreement. Approval of the P-C Zone Plan does not vest the entitlement to develop the P-C Zone Plan area property in accordance with the P-C Zone Plan, unless vested Development rights are granted in the associated Development Agreement. If vested Development rights are granted in the associated Development Agreement, approval of the P-C Zone Plan vests the entitlement to develop the P-C Zone Plan area property in accordance with the P-C Zone Plan, subject to all conditions of approval, subject to the terms of all related Development Agreements, subject to any infrastructure and service requirements, and in accordance with the procedures set forth in this Section. The applicant shall not be required to construct the number of Dwelling units and the square footage of nonresidential uses as reflected in the P-C Zone Plan.
  14. Community Structure Plan:
    1. Upon approval of the P-C Zone Plan, Community Structure Plans (CSPs) for a Community or Communities may be submitted at any time to the Planning Commission for review and recommendation and to the County Commission for approval. A Community may include an entire P-C Zone Plan area or a portion thereof. A CSP must be submitted for each Community, although all CSPs for the various Communities need not be submitted simultaneously. An applicant may over time submit CSPs with different levels of specificity for the same Community or Communities or any portion thereof. A CSP may also address issues related to areas adjacent to, but not within, the P-C Zone, if those areas contain elements expedient for establishing connections to infrastructure, transit, nearby open lands, or adjacent communities.
    2. Any requirements of this Section considered by the Zoning Administrator to be non-applicable may be waived or altered in writing by the County at the request of the applicant. The Community Structure Plan shall be submitted on one or more dated 24” x 36” sheets (16 copies of each) and on one or more dated l1” x 17” sheets and shall show the following:
      1. Name of Community;
      2. Names, addresses and phone numbers of applicant and owners;
      3. Community location, acreage, general legal description, boundary, scale and north arrow,
      4. Location of land use designations (mixed-use centers, residential areas, and/or employment areas), boundaries, and acreage;
      5. A table showing the number of Dwelling units, gross Open Space acreage, and Floor Area square footage of the various non-residential land uses;
      6. A master circulation system plan;
      7. Existing and proposed waterways and water bodies, major utilities and easements, Flood boundary, and Flood control facilities;
      8. Adjacent Parcels, owners, and uses;
      9. Topography and significant features on or adjacent to the property, including any man-made or Natural Hazards;
      10. Open space plan that provides general description and approximate locations of major open space;
      11. Existing and proposed major infrastructure systems, including water, sanitary sewer, storm drainage, and collector and larger street improvements; service adequacy analysis; infrastructure required for Development of the CSP area to a level of detail sufficient to provide adequate assurances that all of the required infrastructure and services will be provided; the unifying systems for the Development such as open space and transportation corridors, and envelopes for the locations of the land use designations (e.g., mixed-use centers, residential areas, employment areas, Open Space);
      12. Proposed Development Standards; and
      13. Other information as needed and consistent with the level of detail corresponding to a given Community Structure Plan.
      An applicant may submit the required information and documentation electronically as the County directs.
    3. Each CSP that includes an area that is depicted in the Goshen Valley Specific Area Plan as a location for a freeway, fixed-guideway transit, or major arterial corridor shall include a corridor of adequate width to accommodate such future right-of-way unless the County Commission is satisfied and adequately assured that such corridor will be accommodated in an alternate, better location that is consistent with the concepts of the Goshen Valley Specific Area Plan. After approval of the CSP no Development that is inconsistent with the use of the corridor for the intended purpose shall occur within the corridor until such time as the County is satisfied that the corridor is no longer needed.
    4. A Community Structure Plan must include all the elements required by this Section. The Planning Commission shall review a proposed Community Structure Plan and make a recommendation to the County Commission. The Planning Commission and County Commission shall review a CSP for (i) consistency with the standards, requirements, and purposes of this zone as set forth herein, (ii) capability of the proposed master circulation system and other infrastructure to adequately serve the Community which is the subject of the Community Structure Plan, (iii) consistency with the approved P-C Zone Plan, (iv) compatibility of adjacent uses, (v) whether there are satisfactory proposed mechanisms for funding needed infrastructure and governmental services, and (vi) whether the CSP is consistent with good planning practices and a well-ordered overall plan for the Goshen Valley area in general conformity with the Goshen Valley Specific Area Plan. The County Commission may approve, conditionally approve, or deny an application for a CSP. If necessary to ensure the construction and maintenance of needed infrastructure and the provision of governmental services, the County Commission may require as a condition of the approval of a CSP certain requirements regarding provision of infrastructure and services, which conditions may be memorialized in a Development agreement. Approval of a CSP does not vest the entitlement to develop the Community Structure Plan area in accordance with the CSP, unless the Master Development Agreement states that vested Development rights shall be automatically granted for all subsequent CSPs within such property or unless vested Development rights for the CSP area are granted in another Development Agreement relating to or encompassing the CSP area. If vested Development rights for the CSP are so granted in the Master Development Agreement, or another Development Agreement, approval of the CSP vests the entitlement to develop the CSP area in accordance with the CSP, subject to all conditions of approval, subject to the terms of all related Development Agreements, subject to any infrastructure and service requirements, and in accordance with the procedures set forth in this Section; provided, however, that no such condition of approval or requirement may limit, restrict, or abridge the vested Development rights granted in the Master Development Agreement or any earlier Development Agreement. The applicant shall not be required to construct the number of Dwelling units and the square footage of nonresidential uses as reflected in the CSP.
  15. Site Plan: An applicant for a Building permit for a non-residential or mixed-use Building in the P-C Zone shall submit a site plan to the Community Development Department with the contents listed below. The Community Development Department shall review the plan and shall issue a Building permit pursuant thereto only if the standards of this and the other sections of this land use ordinance are met, including compliance with the approved CSP and Development Standards.
    1. Contents: Such site plan shall be drawn to scale and show:
      1. The names, addresses, and telephone numbers of the owner of the Lot to be built on (subject Lot), the developer of the project, and the architect or other designer.
      2. The property boundary lines, legal description and dimensions of the subject Lot, the property lines of all adjoining Lots (but only extending for a distance of two hundred feet away from the boundaries of the subject Lot); and an identification on each Lot of the name of the property owner.
      3. The location and use of all existing and proposed Structures on the subject Lot.
      4. The location and an identification of each use of land and each Building adjacent to the boundaries of the subject Lot.
      5. The location and names of all public and private streets.
      6. The location of all canals, power lines, gas lines and other utility lines on the subject Lot and the boundaries of all recorded easements located on the Lot.
      7. The location of any proposed landscaping, parking areas, access points, lighting, and loading areas.
      8. The location and cross-sectional drawing of proposed walls and Fences.
      9. Design and detail for infrastructure, including power, water, sanitary sewer, storm drainage, and street improvements; and service adequacy analysis specific to site plan.
      10. An identification of any areas where the subject Lot has been Graded by past cuts or Fills; also contour lines, if the land has more than a five percent (5%) Slope, and a Grading plan if cuts or Fills will be undertaken to prepare the site.
      11. An identification of any contaminated or unstable soils, Fill material types, Fault lines or other Natural Hazards affecting the subject property.
      12. North point.
    2. Limitation: Upon approval of a final site plan by the Zoning Administrator, no Buildings or uses of land other than those depicted on such plan shall be permitted, unless an amended site plan is first approved by the Zoning Administrator.
  16. Subdivision Approvals: Prior to commencing development, a developer within the P-C Zone shall comply with any applicable Subdivision requirements set forth in the County Code, including those requirements set forth in UCLUO 14, entitled Large-scale Developments, as applicable. Notwithstanding the foregoing, in acting on requests for approval of an application under the P-C Zone Development Approval Process, to the extent permitted by applicable law, and if the County Commission finds that such action is required to further the intent and purposes of this zone and the Goshen Valley Specific Area Plan, the County Commission may override any limitations on intensity of use, use restrictions and limitations, Development standards or similar limitations on Development or construction contained in other portions of the County Land Use Ordinance or elsewhere in the County Code, in which case the developer shall comply with the requirements approved as part of the P-C Zone Development Approval Process rather than with the overridden requirements of the County Code.
  17. Development Standards:
    1. Community Structure Plan application must include proposed Development Standards. Development within a P-C Zone will be governed by the Development Standards, which shall be reviewed and recommended by the Planning Commission and approved by the County Commission. The Planning Commission and County Commission shall review proposed Development Standards for (i) consistency with the standards, requirements, and purposes of this Chapter as set forth herein, (ii) consistency with the applicable approved P-C Zone Plan and Community Structure Plan, (iii) avoidance of incompatible adjacent uses and significant risks to health or safety; (iv) consistency with good planning practice; (v) adequate provision to ensure a well-planned, high-quality, and aesthetically pleasing community environment; and (vi) whether the proposed Development Standards promote the health, safety, and general welfare of the citizens of Utah County. The County may approve, conditionally approve, or deny an application for approval of Development Standards.

      The approved Development Standards shall be recorded in the office of the Utah County Recorder as restrictive covenants that run with the land or shall be referred to in recorded restrictive covenants that run with the land. The Development Standards shall address (at a minimum) the following:
      1. Minimum Lot dimensions and areas;
      2. Minimum Yard requirements and restrictions;
      3. Building placement restrictions;
      4. Building height restrictions;
      5. Parking, driveways and access;
      6. Streets and alleys;
      7. Walkways and trails;
      8. Permitted, prohibited, and Conditional Uses;
      9. Other use restrictions; and
      10. Other items required by the County Commission.
  18. Development Agreements:
    1. Authority: The County may enter into Development Agreements related to the P-C Zone in accordance with Utah Code § 17-27a-102(1)(b) and other relevant provisions of law. The anticipated long-term nature of the Goshen Valley Specific Area Plan makes it desirable for a heightened level of predictability and certainty to attend this project for both the county and the developer(s). Development Agreements between the county and developer(s) addressing matters contemplated by Utah Code § 17-27a-102(1)(b), including, but not limited to, vested rights and infrastructure obligations of the developer, shall accommodate comprehensive planning and cost predictability for this unique area.
    2. Master Development Agreement: A Master Development Agreement governing general principles and terms of Development shall be executed between the County and the landowner prior to or concurrent with the zoning of any property to the P-C Zone.
    3. P-C Zone Plan and CSP Development Agreements: If the P-C Zone Plan is processed concurrently with rezoning or if the area and boundaries of the P-C Zone Plan are identical to the area and boundaries of the property covered by the Master Development Agreement, the Master Development Agreement may constitute the Development Agreement for the P-C Zone Plan area. Otherwise, unless waived by the County Commission, each P-C Zone Plan application and each CSP application shall include a proposed Development Agreement. Unless so waived, the County and the landowner shall enter into a Development Agreement as a condition of P-C Zone Plan and CSP approval.
    4. Notice and Hearing:
      1. By Planning Commission. A Public Hearing shall be held by the Planning Commission to review whether the Planning Commission should recommend to the County Commission any proposed Development Agreement. The Planning Commission shall give public notice of a hearing on a proposed Development Agreement in the same manner as public notice required for the adoption or amendment of a land use ordinance.
    5. Approval:
      1. The Planning Commission shall review each proposed Development Agreement and shall make a recommendation to the County Commission as to whether the proposed Development Agreement should be approved. The Planning Commission’s recommendation may include suggested revisions to the proposed Development Agreement.
      2. Approval of a Development Agreement shall be adopted by the County Commission by ordinance as a legislative act.
    6. Recordation of Development Agreements: All Development Agreements entered into pursuant to this chapter shall be recorded with the Office of the County Recorder.
    7. Vesting of Development Rights: No vesting of Development rights shall occur until the applicant has submitted a complete application for a specific land use on a specific site (site plan approval for a specific use or Subdivision plat approval for a Subdivision of land) unless otherwise expressly provided in the Master Development Agreement, or another Development Agreement. Neither approval of a P-C Zone Plan nor approval of a CSP shall vest the entitlement to develop the P-C Zone Plan area property in accordance with the P-C Zone Plan or the CSP area property in accordance with the CSP, unless vested Development rights are expressly granted in the Master Development Agreement, or another Development Agreement. If vested Development rights are granted in the Master Development Agreement, or another Development Agreement, vested Development rights shall be subject to all conditions of approval, subject to the terms of all related Development Agreements, subject to any infrastructure and service requirements, and in accordance with the procedures set forth in this Section; provided, however, that no such condition of approval or requirement may limit, restrict, or abridge the vested Development rights granted in the Master Development Agreement or any earlier Development Agreement. Any vesting of Development rights or entitlement granted to the applicant, developer, or owner under the terms of this Chapter or a Development Agreement shall be subject to such amendments, changes, or additions to this Chapter, and other applicable County, State, and Federal laws and requirements as are or would be enforceable as applied to a vested right under Utah law.
HISTORY
Amended by Ord. 2009-10 Update PC Zone on 5/4/2009
Amended by Ord. 2010-15 Updated Motion Picture Locations on 7/23/2010
Amended by Ord. 2020-376 Updated Solar Operations as Permitted Conditional Use on 6/10/2020
Amended by Ord. 2024-528 Updated Existing Uses on 7/18/2024

12.68 G-1 Grazing Zone

  1. Declaration of Legislative Intent: The G-1 Grazing Zone covers the dry mountain and desert areas of the county. Limitations imposed by climate, topography, soil capability, and inadequate water supply has identified this zone as a place for the grazing of Livestock on the open range and the location of activities and land uses which are not appropriate near urban centers.
    It is hereby declared that the specific purposes and intent of the County Commission in establishing the G-1 Grazing Zone are:
    1. To take advantage of and more fully implement the basic purposes for planning and zoning as set forth in Utah Code, as amended.
    2. To promote the conservation of water, land, mineral, and other resources.
    3. To foster Livestock grazing, agriculture, and associated industries within the county.
    4. To provide a location for certain types of uses which, due to odor, noise, danger, etc., are not compatible with urban Development.
    5. To ensure the Development of adequate public facilities to match private Development. The specific regulations necessary for the accomplishment of the purposes outlined above are hereinafter set forth.
  2. Permitted Uses: The following shall be permitted in the G-1 Zone upon compliance with the standards and requirements as set forth in this ordinance:
    1. The care and keeping of domestic Livestock and fowl; and barns, stables, corrals, Feed Yards, pens, coops, other Structures for the keeping of such Livestock or fowl, and ancillary agricultural wastewater treatment lagoons, and systems, and related facilities when associated with an approved fowl or domestic Livestock operation and when such agricultural wastewater treatment is approved by the State Department of Environmental Quality, Division of Water Quality, or approved by other federal or state regulatory agencies with specific jurisdiction for agriculture wastewater.
    2. The raising of mink and similar fur bearing animals, and the pens and sheds used in the raising of such animals.
    3. The production of fruit and crops in the field, packing plants for fruit and vegetables raised on the premises, and Office, restroom and shower facilities for such production of fruit and crops and packing plants.
    4. Agricultural Structures for the storage and keeping of farm products and machinery.
    5. Buildings and other Structures for the fabrication and portion control (killing, skinning, and meat cutting) of domestic Livestock and poultry raised on the premise.
    6. Dairy farms, milking barns including an Office or an independent Office Structure on the same site as the dairy, for the exclusive use of the dairy operation, also restrooms, showers, and Buildings and facilities for the process and packaging of milk produced on the premise.
    7. Apiaries and establishments for extracting and processing honey.
    8. Oil, gas and water wells, and appurtenant pipelines, pumps and pump houses.
    9. Kennels subject to the provisions of UCLUO 8.120.
    10. Fish hatcheries for the raising of game fish or fish for human consumption.
    11. Plant and tree nurseries, greenhouses, and associated Structures for the sale of plant stock grown on the premises.
    12. Incidental Produce Stands, subject to the provisions of UCLUO 8.28.
    13. The boarding of horses within a Structure or in the open field.
    14. One-Family Dwellings and manufactured homes.
    15. Residential Accessory Structures, when located on the same Lot as the Dwelling to which such Structures are appurtenant.
    16. Home Child Care and private preschools.
    17. Churches and other Structures for religious worship, and churches with a parsonage.
    18. Home Occupations, subject to the requirements of UCLUO 820.
    19. Public Parks, Public Park Facilities and public historical monuments.
    20. Man-made lakes, ponds, dams and other uncovered water impoundments if such are under ten (10) acre feet in capacity; and covered water tanks which do not extend over twenty (20) feet, measured from average natural Grade to the highest point of the Structure including any object mounted or attached to the water tank.
    21. Marinas, subject to the provisions of UCLUO 8.32.
    22. Minor Campgrounds, and appurtenant Campsite Facilities, for noncommercial use and where no fees are collected.
    23. Fences, walls, and landscaping, subject to the provisions of UCLUO 4.76
    24. A Cellular telephone, radio, television, or other microwave transmission facility which has a license from the Federal Communication Commission or its successor agency.
    25. Signs, subject to the provisions of UCLUO 8.24.
    26. Private Roping and Riding Arenas that do not have lights.
    27. Windmills.
    28. Buildings and appurtenant grounds and facilities, when such are owned and occupied by a governmental agency and used for one or more of the following:
      1. Fire and police stations, plus Buildings housing ambulance and similar emergency service Vehicles and equipment.
      2. Buildings and Yards for the storage and upkeep of Vehicles and equipment required for the maintenance and operation of Roads, utility systems and other functions of the governmental entity.
      3. Office Buildings housing the administrative and governmental activities of the agency; group assembly rooms; and post Offices.
    29. Equine Reproduction and/or Rehabilitation Facility and accessory Structures including animal shelters and enclosures, Office, pools, laboratory, and arena.
    30. Camping on private property by property owners and their permitted guests. In this zone, permitted guests do not include those individuals who arrange to camp overnight on the owner’s property through a reservation system regardless of whether the individual making the reservation paid to camp overnight on the property.
    31. A Hunting Preserve or shotgun, pistol, or rifle Shooting Range and accessory Structures and uses, subject to the provisions of UCLUO 8.112.
    32. Accessory Dwelling Unit located on the same Lot or Parcel as the Dwelling to which it is accessory to, subject to the provisions of UCLUO 8.116.
    33. Temporary uses and Structures subject to the provisions of UCLUO 8.16.
    34. A Large Concentrated Animal Feeding Operation, subject to the provisions of UCLUO 4.72.
    35. A planned Subdivision which has been approved according to the provisions of UCLUO 14.
  3. Permitted Conditional Uses: In the G-1 Zone the following shall not be permitted by the Zoning Administrator unless approval as a Conditional Use has been authorized in accordance with the land use ordinance by the designated reviewing agency:
    1. An automobile or motorcycle race track or race course which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 16.
    2. An Electrical Power Generation Plant which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 16.
    3. A fairground, rodeo arena, or horse race track which is operated by a public agency and which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 16.
    4. A man-made lake, pond, dam or other uncovered water reservoir over ten (10) acre feet in capacity, or a covered water tank which extends over twenty (20) feet above average natural Grade, when approved by the Planning Commission as a Conditional Use according to the provisions of UCLUO.
    5. A preschool, or primary School or secondary School, which the Board of Adjustment has approved as a Conditional Use according to the provisions of UCLUO 16.
    6. A Livestock auction Yard, including Livestock pens, auction facilities and Structures, and public and Livestock transport parking which is for the sale of domestic Livestock only and has been approved by the Planning Commission as a Conditional Use, according to the provisions of UCLUO 16.
    7. Private Roping and Riding Arenas with lights and Commercial Roping and Riding Arenas which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 16.
    8. A major Campground and appurtenant Campsite Facilities for noncommercial use which the Planning Commission has approved as a Conditional Use according to the provisions of UCLUO 8.64 and UCLUO 16.
    9. A cemetery which has been approved as a Conditional Use by the Planning Commission according to the provisions of UCLUO 8.72 and UCLUO 16.
  4. Area Requirements: The minimum area of a zoning Lot or Parcel within the G-1 Zone shall be as follows:
    1. Each one-Family Dwelling, manufactured home, planned Subdivision, Roping and Riding Arenas with or without a one-Family Dwelling, and major Campground, shall be located on a Lot containing at least fifty (50) acres of land.
    2. Each church or other Structure for religious worship shall be located on a Lot containing at least two and one-half (2 ½) acres of land; each church with a parsonage shall be on a Lot containing at least fifty (50) acres of land.
    3. Each minor Campground and its appurtenant Campsite Facilities shall be located on a Lot containing at least five (5) acres of land.
    4. A Large Concentrated Animal Feeding Operation shall be located on a Lot or Parcel containing at least 40 (forty) acres of land.
    5. Equine Reproduction and/or Rehabilitation Facility with or without a one-Family Dwelling shall be on a Lot containing at least fifty (50) acres of land.
    6. For other permitted Structures and uses, there shall be no minimum area requirement except as may be necessary to meet the other provisions of this land use ordinance.
  5. Width Requirements: The minimum width of a zoning Lot within the G-1 Zone shall be as follows:
    1. For each one-Family Dwelling, manufactured home, church or other Structure for religious worship, or church with a parsonage, preschool, primary School or secondary School, Roping and Riding Arena with or without a one-Family Dwelling, or Equine Reproduction and/or Rehabilitation Facility with or without a one-Family Dwelling, the minimum width of the Lot at any point between the Frontage and the Structure shall be three hundred thirty (330) feet.
    2. For other permitted Structures and uses, there shall be no minimum width requirements except as may be required under other provisions of this ordinance.
  6. Location Requirements: The minimum location requirements within the G-1 Zone shall be as follows:
    1. Front Setback: All buildings and Structures, other than certain public facilities, landscaping features and Fences which meet the standards of UCLUO 4, UCLUO 6, and UCLUO 8, shall have a front Setback of at least thirty (30) feet, unless an alternate Setback is required or allowed by UCLUO 4, UCLUO 6, and UCLUO 8.
    2. Side and Rear Setback: All buildings and Structures, other than landscaping features and Fences which meet the standards of UCLUO 4, UCLUO 6, and UCLUO 8, shall have a side and rear Setback of at least fifteen (15) feet, unless an alternate Setback is required or allowed by UCLUO 4, UCLUO 6, and UCLUO 8.
  7. Height Requirements: The height requirements within the G-1 Zone shall be as follows:
    1. The maximum permissible height of any Structure shall be forty (40) feet as determined by the currently adopted Building construction codes of Utah County or by any future edition of these codes that may be adopted, except for the following:
      1. An antenna of a “Stealth Telecommunications Transmission Facility” may exceed the initial elevation of the existing transmission tower, utility pole, or other existing Building or Structure to which it is attached by no more than 10 feet.
      2. For large-scale utility line Structures, there shall be no maximum height.
      3. The maximum height for Windmills shall be 55 feet measured from finished Grade to the highest point of the Windmill blade.
      4. The maximum height for a cellular telephone, radio, television, or other microwave transmission facility shall be 100 feet.
      5. For unoccupied Structures not referenced in 12.68(G)(1)(a)-(d), the Planning Commission may approve a Conditional Use for a height in excess of 40 feet according to the terms of UCLUO 16.
      6. Note: The provisions of the APO Airport Overlay Zone, Setback standards, or other provisions of the ordinance may result in a lesser height than that stated above.
  8. Special Requirements:
    1. The Yards around Buildings shall be kept free of debris, refuse, weeds, and other flammable material which may constitute a fire hazard.
    2. No Building site, street, driveway, or other cut or Fill shall be made so the side Slopes exceed the Critical Angle of Repose of the soil unless engineered retaining Structures are approved and constructed.
    3. The Grade of driveways which serve a Dwelling unit or other occupied Structure shall not exceed twelve (12) percent.
  9. Supplementary Regulations: Uses within this zone shall also comply with the applicable requirements set forth in UCLUO 4, UCLUO 6, and UCLUO 8, entitled Supplementary Requirements and Procedures Applicable Within Zones and all other provisions of the land use ordinance.
HISTORY
Amended by Ord. 2018-3 Housekeeping Update on 2/27/2018
Amended by Ord. 2018-15 Updated Equine Reproduction/Rehab Facility Use on 9/7/2018
Amended by Ord. 2018-17 Updated Dwelling Unit, Setback and Camping on 9/13/2018
Amended by Ord. 2018-29 Updated Hunting and Shooting Facilities on 1/24/2019
Amended by Ord. 2019-29 Updated Accessory Dwelling Units on 11/1/2019
Amended by Ord. 2021-258 Clarification of the height exception for stealth telecommunications transmission facility on 4/9/2021
Amended by Ord. 2021-257 Clarify temporary uses as permitted uses in zone. on 4/9/2021
Amended by Ord. 2021-812 Updated Minimum Ground Floor Requirement on 8/15/2021
Amended by Ord. 2022-241 Large Concentrated Animal Feeding Operation on 4/11/2022
Amended by Ord. 2022-696 on 8/24/2022
Amended by Ord. 2022-1188 Updated Height Requirements on 2/6/2023
Amended by Ord. 2023-251 Updated Kennels on 3/23/2023
Amended by Ord. 2024-57 Updated Conditional Use on 2/8/2024
Amended by Ord. 2024-228 Updated Water Tanks on 4/12/2024
Amended by Ord. 2024-230 Updated Subdivisions on 4/15/2024

2021-258

2021-257

2021-751

2021-812

2022-696

2022-1188

2023-251

2024-57

2024-288

2021-618

2021-891

2023-982

2022-241

2023-750

2022-14

2024-919

2023-749