1. Guest rooms shall be offered for nightly rental only.
2. Food service, if offered, shall be provided for overnight guests only.
3. No kitchen shall be permitted within any rental room.
4. The structure must be continuously occupied and resided in by the owner of the property or the owner's agent.
5. Construction, alterations, and landscaping changes to the structure and property shall not alter the residential character of the structure(s).
6. No additional structures may be added to the site to accomodate or facilitate the bed and breakfast inn use.
7. When considering a bed and breakfast inn as a conditional use, the following items shall be evaluated:
   1. The impact of traffic generated by the use on the adjoining properties and the area in the general; and,
   2. The impact of parking on adjoining properties; and,
   3. The impact of any outdoor activities associated with the use on adjoining properties; and,
   4. The impact of any proposed outdoor lighting associated with the use on adjoining properties; and,
   5. The adequacy of water and sanitary sewer utility services to accommodate any anticipated increase in demand.

(Ord. 2017-19, Add, 11/15/2017)

A. The building shall not:

1. Be a place of human habitation, or

2. Be a place of employment where agricultural products are processed, treated or packages, or

3. Be a place used by the public.

B. Buildings that house livestock or animals.

1. Structure shall be set back one hundred (100) feet from any side or rear property line.

2. Structure shall be set back thirty (30 feet from any front property line.

3. Structure shall be separated from any dwelling by a minimum of one hundred (100) feet.

C. Buildings that do not house livestock or animals.

1. Structure must be set back thirty (30) feet from any front property line.

1. Any structure used as a cannabis production establishment must be separated from any residential structure by a distance of two hundred (200) feet.
   
   

1. Data centers shall comply with the following requirements:
   1. A six (6) foot sight obscuring fence shall be required along all property lines abutting a residential zone. Such fence shall comply with all other requirements of Vernal City Code.
   2. All electrical generators shall be enclosed behind a solid wall made of concrete or another equivalent sound absorbing material a minimum of four (4) feet higher than the highest point on the generator. This requirement may be reduced or eliminated if a noise mitigation plan is submitted in accordance with Section 16.24.210 of this Code demonstrating that peak sound levels do not exceed those allowed in this Section.
   3. All proposed data centers that are within six hundred (600) feet of a residential zone or an existing hotel or motel shall submit a noise mitigation plan in accordance with Section 16.24.210 of this Code.
      1. The maximum sound level allowed in a noise mitigation plan is eighty (80) decibels at the site boundary.

(Ord. 2017-18, Add, 10/18/2017)

1. When an existing structure is being converted to a domestic abuse shelter, a site plan shall be provided for a zoning compliance review showing off-street parking, exterior lighting and fencing.
2. When a new structure is being built to be used as a domestic abuse shelter, the master site plan process shall apply.

(Ord. 2012-07, Add, 03/07/2012)

1. All facilities providing drive-up window service shall provide a site drawing showing the location of a vehicle stacking lane, menu signs, speaker location (if applicable) and window location.
   1. A vehicle stacking lane contained entirely on the property shall be provided of at least fifty (50) feet in length, measured from the window location.
   2. A speaker system, if provided, shall meet the following requirements when adjacent to a residential use:
      1. Sound pressure levels shall not exceed 80dB from any outdoor speaker.
      2. Measurement of the sound level shall be taken four (4) feet from the front of the speaker.

(Ord. 2011-07, Add, 05/18/2011)

A. An IADU may only be created in relation to a primary single family dwelling. B. One (1) additional parking space must be created to support the IADU so that the minimum number of parking spaces for a single family dwelling with an IADU shall be three (3).

1. The parking space supporting the IADU must be surfaced in either asphalt, concrete, masonry pavers or gravel.

C. The minimum lot size for an IADU shall be six thousand (6,000) square feet. D. Current fire egress requirements concerning bedroom window egress must be met at the time an IADU is created. E. An IADU may not be created or maintained within a manufactured home as defined in this title.

1. No structure may have more than fifty percent (50%) of its gross floor area used as a mixed use accessory dwelling.
2. At least one (1) dedicated entrance must be provided for any dwelling or group of dwellings in each structure.Such entrance must provide occupants access from the outside of the structure to the dwelling(s) without requiring them to pass through any other separately leased space or business activity.
3. In considering a mixed use accessory dwelling as a conditional use, the following items shall be evaluated:
   1. The availability of parking spaces to support the proposed dwelling; and
   2. The noise and other potential nuisances generated by adjoining uses; and
   3. The hours of operating of adjoining uses.
      

1. The maximum amount of explosive material that may be stored in any single magazine shall be five hundred (500) pounds.
2. The maximum density of magazines shall be two (2) magazines per acre.
3. At the time of application, the applicant shall declare the Department of Transportation (DOT) explosives class and the maximum quantity for each type of explosive that will be stored in the proposed magazine. These quantities shall not be exceeded unless the change is approved by Vernal City.
4. In considering an explosives magazine as a conditional use, the following items shall be evaluated:
   1. The proximity to any other facility that stores hazardous materials or regularly has hazardous materials transit the facility; and
   2. The proximity to any land use that regularly attracts densities of people greater than one hundred (100) people per acre; and,
   3. The proximity to any zone that permits high density housing or medical uses; and,
   4. The proximity to any airport.

(Ord. 2017-16, Add, 09/06/2017)

1. Parcels with up to four (4) dwelling units.
   1. Fences in front yards shall be limited to four (4) feet in height.
   2. Except as provided in section C, fences in rear and side yards shall be limited to seven (7) feet in height.
2. Parcels with more than four (4) dwelling units.
   1. A fence shall be erected around the perimeter of multifamily developments in accordance with the following:
      1. The fence shall be sight obscuring, and;
      2. Except as provided in section C, the fence shall be a minimum of six (6) feet and a maximum of seven (7) feet in height, except any fence in a front yard or abutting a front yard on an adjoining parcel shall be limited to four (4) feet in height, and;
      3. The fence shall not be required along any road frontage;
   2. The Planning Commission may waive the fencing requirement in accordance with the following:
      1. The required fence is immediately adjacent to another multi-family development, and ;
      2. The owner of the adjacent multi-family development consents in writing to the waiver of the fencing requirement.
   3. The fence shall be built in accordance with all other City ordinances.
3. Fences exceeding seven (7) feet on residential parcels.
   1. On parcels with a residential use, fences in excess of seven (7) feet may be allowed as a conditional use in accordance with the following:
      1. The fence must be in a side or rear yard.
      2. The fence must not abut a front yard on any other adjoining parcel.
   2. In considering a fence as a conditional use, the following items shall be evaluated:
      1. The extent to which the fence obstructs visibility from adjacent parcels and structures, and:
      2. Any potential safety risks caused by the additional height of the fence.
4. Parcels with a non-residential use.
   1. Fences in residential zones but on a parcel with a non-residential use.
      1. Unless otherwise provided elsewhere in Vernal City code, all such fences shall be limited to seven (7) feet in height and shall be made from chain link or another similar material that does not obstruct visibility when located in any required front yard.
   2. Fences in non-residential zones on a parcel with a non-residential use.
      1. Such fences shall be regulated in accordance with the requirements of the specific zone or use with which they are associated.
5. Barbed Wire Fences.
   1. It is unlawful to erect or maintain a barbed wire fence, or to cause the same to be erected or maintained; provided, however:
      1. Barbed wire may be used at the top of a fence not otherwise constructed with barbed wire if the barbed wire is not closer than six (6) feet to the ground. This provision shall not apply and no barbed wire shall be used in the construction of a fence that is located on a common boundary between residential lots.
      2. Barbed wire may be used to construct any part of a fence that encloses a lot or pasture which is used at least three (3) months in each calendar year to lawfully maintain any number of horses, cows, sheep or other livestock animals of similar size.
6. Temporary fences.
   1. Temporary fences up to eight (8) feet in height of a see through type may be erected in any zone for construction and/or demolition purposes. Application for a temporary use permit shall be required as outlined in Section 16.24.150 of this Title.
7. All fences shall not obstruct the clear vision triangle as defined in Vernal City Code.
8. Building permits required.
   1. With the exception of temporary fences, a building permit shall be required for the construction of a fence.

(Ord. 2016-01, Add, 03/16/2016)

1. The home occupation shall be conducted entirely within the dwelling.
2. The home occupation shall not involve the use of any accessory buildings nor yard space for storage or activities outside of the dwelling, except as may be required for off-street parking.
3. Not more than the equivalent of twenty-five (25%) percent of the total area of the dwelling shall be devoted to the home occupation.
4. The home occupation is clearly incidental, secondary and subordinate to the use of the dwelling for dwelling purposes and shall not change the character of the building from that of a dwelling.
5. No mechanical or electrical apparatus, equipment or tools shall be permitted except those items which are commonly associated with a residential use or as are customary with home crafts.
6. The home occupation shall not alter the residential character of the premises or unreasonably disturb the peace of the neighborhood by reason of color, design, materials, construction, lighting, sounds, noises or vibrations.
7. The home occupation shall not generate pedestrian or vehicular traffic substantially in excess of that customarily associated with the zone in which the use is located.

(Ord. 2017-19, Add, 11/15/2017)

A. In an I-1 zone, a 10 foot wide landscape buffer and a 6 foot tall sight obscuring fence shall be installed and maintained along all interior property lines abutting other I-1 zones. Trees shall be included in said buffer at a maximum interval of thirty five (35) feet to further screen the site.

1. The purpose of this ordinance is to ensure extended stay facilities provide safe, comfortable, and well-managed accommodations for transient guests staying for extended periods, while preventing their misuse as long-term living accommodations. This ordinance aims to promote economic growth while promoting harmonious development and ensuring the well-being of both guests and the surrounding community by preserving the character and quality of this community. Furthermore, in recognizing extended but non-permanent occupancy, the city acknowledges that an extended stay hotel does not provide “temporary sleeping accommodations.” Therefore, the Innkeeper’s Rights Act, Utah Code Annotated Title 29, Chapter 2, shall not apply.  
2. For the purposes of this chapter Extended Stay Hotel shall be defined as a facility offering lodging services primarily to guests staying for extended periods of 30 days or more with amenities such as kitchen facilities, housekeeping, and concierge services. Extended stay hotels are intended for extended, non-permanent occupancy and are therefore distinct from traditional hotels, which provide temporary sleeping accommodations. Additionally, extended stay hotels differ from residential apartments as they do not provide for permanent residency.  
3. Extended stay hotels are permitted in the following zones:
   1. C-2 Commercial Zone
   2. CC-1 Central Commercial Zone
   3. CP-2 CCP-1 Planned Commercial Zones
   4. I-1 Industrial Zone
   5. MX Mixed Use Zone
4. Operational Requirements shall be as follows
   1. Guest Registration: Extended stay hotels must maintain a guest registration system, including check-in and check-out dates.
   2. Residential Group: R-2 occupancies containing sleeping units or more than two (2) dwelling units where the occupants are primarily permanent in nature including:
      1. Hotels (non-transient)
      2. Motels (non-transient)
   3. Room Area: Every dwelling unit shall have at least one room with a minimum net floor area of one hundred twenty (120) square feet. Other habitable rooms shall have a net floor are of no less than seventy (70) square feet if separate bedrooms are provided.
      
   4. Room Amenities: Per IBC Section 1208.4, Efficiency Dwelling Units, each unit shall meet the following requirements:
      1. A separate closet.
      2. For other than accessible Type A and B dwelling units, the unit shall include a kitchen sink, cooking appliance and refrigerator, each having a clear working space of no less than thirty (30") inches in front. Light and ventilation conforming to this code shall be provided.
      3. A separate bathroom containing a water closet, lavatory, and bathtub or shower.
      4. Dimensions are subject to change by code cycle. Existing buildings must meet IFBC Code requirements from when the building was constructed for an R2 occupancy (IBC). Newly converted R2 occupancy (IBC) buildings must meet the current Utah state-adopted IBC code.
         
      5. All furniture shall be provided by the hotel.
   5. Kitchen Facilities: Each unit must be equipped with a kitchenette that meets the International Building Code (IBC) standards, including:
      1. A refrigerator with a minimum capacity of four (4) cubic feet.
      2. A microwave oven.
      3. A cooktop (not a hot plate).
      4. At least two dedicated electrical outlets in the kitchen area.
         1. NFPA 70 210.52b.3 Kitchen Receptacle Requirements.
         2. Receptacles installed in a kitchen to serve countertop surfaces shall be supplied by no fewer than two (2) small- appliance branch circuits.
         3. Requirements are subject to change by code cycle. Existing buildings must meet IEBC code requirements from when the building was constructed for an R2 occupancy (IBC) Newly converted R2 occupancy (IBC) buildings must meet the current Utah state-adopted NFPA70 code.
            
      5. A countertop area of at least four (4) linear feet.
   6. Accessibility ICC A 117.1 requires that dwelling units and sleeping units include Type A and Type B accessible units. Requirements are subject to change by code cycle. Existing buildings must meet IEBC code requirements from when the buildings was constructed for an R2 occupancy (IBC). Newly converted R2 occupancy (IBC) buildings must meet the current Utah state-adopted ICC A117.1 code.
      
   7. Housekeeping Services: Housekeeping services must be provided at least once a week for each unit and documentation kept to show compliance .
   8. Service Desk requirement: Extended stay hotels must maintain a central check-in desk to manage guest registration and provide concierge services. This service desk must be staffed during business hours to ensure proper operation and guest support.
      
   9. Signage: Extended stay hotels must display signage at the entrance indicating that the facility is an extended stay hotel and not intended for permanent residence.
   10. Mixed Use Within a Building: Portions of a building may be designated for extended stay use while other portions are designated for short-term stays or other uses. The designation must be clearly documented on the approved master site plan and in guest registration systems.
5. Building and Site Requirements shall be as follows:
   1. Parking Requirements in accordance with 16.26 of this code parking shall include:
      1. Extended stay hotel rooms: One and one-half (1.5) parking spaces per unit.
      2. Non-extended stay hotel rooms: One (1) parking space per unit.
   2. Landscaping requirements in accordance with 16.27 of this code landscaping shall include:
      1. Extended stay hotels must comply with all applicable landscaping standards specified in the underlying zoning district.
      2. Where the underlying zoning district does not require landscaping, extended stay hotels must provide at least one area of the site to be landscaped open space which may include a mix of trees, shrubs and ground cover to achieve a balanced and visually appealing landscape.
         
   3. Common Areas:
      1. Extended stay hotels must include a minimum of one (1) indoor common area(s) such as a lobby, fitness center, business center or other joint indoor amenity accessible to all guests.
6. Compliance and Enforcement of Extended Stay Hotels shall be as follows:
   1. Inspection and Reporting: The City may conduct periodic inspections of extended stay hotels to ensure compliance with this ordinance. Extended stay hotels must submit any guest registration or housekeeping reports to this city when requested by the city at a rate not to exceed once every 6 months.
   2. Violations and Penalties: Any extended stay hotel found to be in violation of this ordinance shall be subject to penalties, including fines and revocation of permits. The property owner will be given a 90-day period to come into compliance following notification of non-compliance. Repeated violations may result in reclassification of the facility as an apartment. Furthermore, the city shall have the sole discretion to revoke the business license of the hotel through designation of Vernal City Staff. Continued operation of the business without a license may result in criminal penalties. 
   3. Appeal Process: Any person who deems themselves aggrieved by a decision of the City staff under this Section may appeal from such decision by making written application for an appeal hearing before the Vernal City Appeals Officer. The notice of appeal shall be made within ten (10) days after notice of the decision appealed from. The Appeals Officer shall grant a hearing, and after consideration of the matter may uphold, modify, or reverse such decision.
7. Severability: If any provision of this ordinance is found to be invalid or unconstitutional by a court of competent jurisdiction, such finding shall not affect the remaining provisions of this ordinance, which shall continue in full force and effect.
8. Effective Date: No provisions allowing the legal operation of extended stay hotels previously existed prior to this ordinance. As such all existing buildings with a valid Certificate of Occupancy (C of O) may seek approval to convert portions or their entire operation to extended stay hotel use. Such approvals must be obtained within one year from this date, ensuring compliance with the requirements set forth in this ordinance.
   

A. Household pets shall be for family use only and not raised for commercial purposes.

B. In the CC-1, CCP-1, C-2, CP-2 and MX zones, household pets may be kept with the following condition(s):

1. Outdoor kennels must be separated from adjacent properties by a completely sight obscuring solid wall a minimum of six (6) feet in height.

1. Industrial Employee Housing developments may be allowed on industrial lots with active Vernal City business licenses.
2. The total number of rooms may not exceed 50% of the operating business's number of employees, take up more than 10% of the total lot area or have an excess of 10 rooms per parcel.
3. Approval shall be dependent upon the compatibility with surrounding land uses and compliance with this title.
4. A site plan with supporting documents must be submitted for review and approval to the land use authority. The plan shall be drawn to scale, and shall provide the following information:
   1. Dimensions, orientation and vicinity of the parcel;
   2. Location, size, number, construction and types of proposed housing;
   3. Traffic access to camp and parking;
   4. Location and details of pedestrian access;
   5. Confirmation of approved culinary water system connection and sewage and solid waste disposal provisions;
   6. Storm water runoff, and method for control of storm water;
   7. Location of fire protection and medical facilities;
   8. Such other data, as may be required.
5. In addition to the site plan, the applicant must also provide information showing how and when the required services and facilities will be provided. 
6. All services and facilities will be provided at the applicant's expense. Letters of approval for the culinary water and sewage facilities from the state of Utah Department of Environmental Quality and/or the local health department shall be required. The following services and facilities must be provided in an Industrial Employee Housing development plan proposal:
   1. Culinary water and sewage connections to the City infrastructure systems and solid waste disposal facilities approved by the state of Utah Department of Environmental Quality and/or the local health department; 
   2. Adequate access to the site and parking;
   3. Maintenance of the site;
   4. Emergency medical and fire facilities and security services;
   5. Not less than one hundred (100) square feet of living quarters per individual;
      1. Common dining, bathroom and cooking areas shall not be included in determining the square feet per individual;
   6. Electrical services;
   7. Pedestrian access on or through the site including future trail proposal easements. 
7. All dwelling units shall be in compliance with international building code and approved for placement or construction through the building permit process.
8. All Dwelling units shall be in compliance with Fire Code in regards to construction, composition, and location.
9. With the approval of the Planning Commission, the applicant may be required to submit a written plan and agreement, along with a bond or other financial guarantee, if City Staff determine the proposed work could result in problems for the public, environment or city if left incomplete. This submission must detail the construction, operation, and dismantling of the Industrial Employee Housing development, as well as the process for restoring the area to its original, unoccupied condition if necessary. 
10. In the event the applicant fails to provide the services and facilities required, the construction camp may be closed and ordered to vacate. These remedies are in addition to the remedies provided in this title for failure to comply with the zoning requirements, laws, ordinances, or regulations of local municipalities or agencies.
11. Services will only be available to employees of the owner or lessee of the property on which the Industrial Employee Housing development is located.
12. In the event that any laws, ordinances, or regulations of local municipalities or agencies are violated, the Conditional Use Permit (CUP) may be revoked by the Planning Commission
    

1. All outdoor activities, except customer and employee parking, associated with a junkyard shall be enclosed behind an eight (8) foot tall sight-obscuring fence.
2. In considering a junkyard as a conditional use, the following items shall be evaluated:
   1. The impact of noise on adjacent uses, and;
   2. The impact of odors, fumes and/or dust on adjacent uses, and;
   3. The impact of outdoor lighting on adjacent uses, and;
   4. The impact of the hours of operation on adjacent uses. and;
   5. The placement of hazardous materials on-site, and;
   6. The physical security of the site.

(Ord. 2012-17, Add, 05/16/2012)

1. General Requirements.
   1. All kennels shall keep animals indoors at all times. No outdoor kennels are permitted.
   2. Kennel facilities and structures shall be structurally sound and maintained in good repair to prevent injuries, contain the animals and prevent other animals from entering.
   3. Ventilation shall be provided to keep structures free from excessive humidity, odors and stale air.
   4. Kennels shall not keep more than thirty (30) animals on premises at any one time.
2. In considering a kennel as a conditional use, the following items shall be evaluated:
   1. The impact of noise on adjacent uses; and
   2. The impact of odors on adjacent uses; and
   3. The potential of the site to attract vermin and / or create health hazards and the impact of these things on adjacent uses; and
   4. The physical security of the animals housed on the site.
3. Conflict with nuisance ordinance. In no case shall this section permit a nuisance, as defined in Vernal City code, to be created or exist.

(Ord. 2013-03, Add, 03/20/2013)

1. Hours of operation shall be restricted to between 8:00 a.m. and 9:00 p.m.
   
   

A. Portable storage container prohibited. Except as specifically allowed in this Section, portable storage containers are prohibited in all zones.

B. Portable storage containers, as defined in Title, shall be bound by the following limitations when allowed in the I-1, C-2, CC-1, CP-2, CCP-1 and HC-1 zones:

1. Permits required.

a. Prior to the placement of a portable storage container the property owner must submit an application for a permit on the form established by the City Planning Department and shall include with the permit application, at a minimum, a site plan showing the location of all buildings, structures, and fences and the proposed location of the portable storage container, the square footage of the portable storage container, the zone in which the real property is located, and show how the real property will comply with the terms of this ordinance.

b. All fees established in accordance with the Vernal City building permit Fee Schedule for such permit must be paid at the time of filing the application.

2. Permit processing. Permits for portable storage containers shall be processed and approved through the City's building official unless the combined number of containers on any one parcel exceeds 1000 square feet. In which case, the placement of any storage containers must be approved by the City's Planning Commission in accordance with a duly submitted site plan and in accordance with applicable development standards of the City and subject to the provisions of this Section.

3. Secondary use.

a. The use of portable storage containers shall be a secondary use requiring that a primary, permanent structure be located on the same parcel of real property where the business associated with the portable storage container is regularly transacted in accordance with all applicable Vernal City ordinances and regulations.

b. The use of the portable storage container must be for the sole benefit of the business or primary, permanent structure located on the same parcel of real property.

4. Use for storage only. A portable storage container, except as provided in Section 4(a) and (b)shall be used for storage purposes only. No occupancy or other use of the storage container shall be allowed.

a. Temporary use. A portable storage container may be temporarily used in any zone for up to seven (7) consecutive calendar days for the purpose of storing items being moved from and to the premise. The storage container may not be placed on any public street for that purpose. A portable storage container may be temporarily used in any zone on any construction site when construction is actively taking place. The container must be removed before any Certificate of Occupancy shall be issued.

b. Sale or rental of containers. Sales and rentals of portable storage containers shall be considered an allowed use only in the I-1 industrial zone.

5. No use of parking area. A portable storage container on any parcel may not occupy any parking spaces on that parcel that are required as parking pursuant to the Vernal City off-street parking ordinances, including any parking spaces required in a site plan approved for that location by the City's Planning Commission.

6. Set backs. All portable storage containers, excepting those allowed under Section 4(a), must be set back from the front property a minimum of twenty-five (25) feet unless set back requirements for the particular zone in which the storage container is placed requires a deeper set back. Any side or rear set back requirements for the particular zone in which the storage container is placed shall apply to the placement of such container.

7. Stacking prohibited. Stacking of portable storage containers is prohibited in all zones except an I-1 industrial zone. Stacking of portable storage containers in an I-1 industrial zone is limited to four (4) storage containers in height.

8. Color. Except in an I-1 industrial zone, all portable storage containers shall be painted in a neutral color in such a way as to match the primary building or structure, or shall be behind a six (6) foot, site-obscuring fence, maintained by the property owner for the purpose of eliminating from view the portable storage container(s) from the public roadway fronting the business. Any stricter site-obscuring fencing requirement for the particular zone or use in which the storage container is placed shall be enforced.

9. Percentage of use. Except in an I-1 industrial zone, a portable storage container or containers shall not occupy more than 25% of the total parcel on which the container(s) is located, nor shall the container(s) exceed 35% of the total square footage of the primary structure.

C. Except as addressed by Section B4(a), a portable storage container, as defined in this Title, shall be bound by the following limitations when allowed in the R-1, RA-1, R-2, R-3, R-4 and MH zones:

1. A single portable storage container may be placed on a parcel or lot provided it is placed in accordance with all requirements applicable to an accessory structure for the zone in which it will be placed. No more than one (1) portable storage container may be placed on any single parcel or lot.

D. Pre-existing uses. All owners of real property upon which portable storage containers are presently located as of the 6th day of December, 2006 must apply for a permit pursuant to the terms of this ordinance for said storage containers no later than December 31, 2006 documenting all existing storage containers as of December 6, 2006. As to storage containers placed prior to December 6, 2006 and as to which a permit is obtained no later than December 31, 2006, the following sections of this ordinance shall be inapplicable: B(1)(b), B(2), B(3)(b), and B(9). All storage containers placed in the City after December 6, 2006 shall be subject to all of the terms and conditions of this ordinance. (Ord. 2009-01, Amended, 03/18/2009; Ord. 2006-28, Add, 12/14/2006)

In an area where temporary parking is permitted, the following standards and conditions shall apply:

1. Temporary parking shall only be permitted in conjunction with a temporary event or activity that has been duly licensed and approved by Vernal City, and shall only be approved for the duration of that event. In no case shall temporary parking be permitted for more than five (5) consecutive days.
2. Provisions must be made to prevent dust and from becoming a nuisance and mud from being tracked onto any public street.
3. If the temporary parking area will be used during hours of darkness, directional lighting shall be provided at entrances and exits to the parking area and shall be set up in a fashion to minimize impact on adjacent properties.
4. The maximum density of cars that may be parked in a temporary parking area shall be one (1) car for every three hundred (300) square feet of parking area.
5. In reviewing the application for temporary parking, it may be determined that for purposes of public safety, qualified traffic control technicians must be provided to direct access to public streets.
6. If the parking area shall be used during hours of darkness, provisions must be made to satisfactorily prevent light from negatively impacting adjoining properties. If sufficient provisions cannot be made, the application may be denied or modified to permit parking only during daylight hours.
7. A permit shall be required for any temporary parking. The application shall be submitted to the Planning and Development Department of the City for approval. The permit application shall include the following:
   1. A site plan showing ingress and egress from the parking area onto public streets, locations of proposed lighting, the general layout of the parking and the number of vehicles to be serviced by the temporary parking.
   2. A signed letter from the landowner(s) of the proposed temporary parking site approving the use of his/her property for the duration of the event.
   3. A written statement detailing methods to be used to control mud and dust and prevent it from leaving the site.
   4. Dates and times that the parking shall be in use.
   5. A non-refundable fee as set by resolution of the Vernal City Council.
8. A permit for temporary parking may be revoked at any time for failure to abide by any of the conditions associated with the permit or for deviation from the approved parking plan, regardless of the continuation of the associated temporary event or activity.

(Ord. 2013-07, Add, 05/15/2013)

Purpose and Intent

The purpose of the Tiny Home Overlay Ordinance is to facilitate the thoughtful integration of tiny homes within Vernal City, leveraging their potential to enhance the diversity and affordability of the housing stock. Recognizing the unique challenges and opportunities presented by tiny homes, this ordinances aims to:

1. Provide separate zoning regulations to a limited area to better accommodate tiny homes, addressing lot size minimums, setback requirements, and other zoning parameters that may currently limit the potential for tiny home development.
2. Promote the efficient use of available space, particularly through infill development to optimize land use.
3. Provide diverse housing types to allow for various lifestyles, family sizes, and income levels, reflecting the diversity of our community's needs.
4. Ensure that the development of tiny homes enhances the overall quality of life in the community by complementing the existing housing stock and meeting identified housing needs without displacing current residents

Definitions

For the purpose of this ordinance, the following terms are defined as follows:

"Tiny Home" is a residential dwelling that is detached and independent, with a footprint not exceeding 700 square feet and a total living space under 900 square feet. Tiny Homes are constructed on a permanent foundation, designed for year-round living, and equipped with all necessary services and facilities.

"Overlay" is an additional zoning designation applied to a specified area within the city that imposes a set of requirements or standards distinct from those of the underlying zone. Overlays are used to address specific planning goals, such as increasing housing diversity, without altering the foundational zoning classifications applicable to all zones within city boundaries.

"Conditional Overlay" refers to the period during which the Tiny Home Overlay is approved pending conditions specified are met within the provided time frame.

"Tiny Home Lot" refers to a parcel of land designated for the development of tiny homes, consisting solely of four (4) or fewer tiny homes. These lots are subject to the development standards and permitting processes outlined in this ordinance.

"Permanent Foundation" is a fixed ground support system that securely anchors a tiny home to the ground, meeting all applicable building codes and standards. Permanent foundations are designed to ensure the structural integrity and longevity of tiny homes.

"Infill Development" refers to the development of vacant or underutilized land within previously built areas of the city. Infill development aims to optimize land use, reduce urban sprawl, and promote growth patterns which preserve Agricultural and Recreational areas.

“Mobile structure” A Mobile Structure refers to any structure designed and constructed to be movable rather than permanently located. Key characteristics of mobile structures include the ability to be transported on wheels directly or via a trailer chassis from one location to another and not being affixed to a permanent foundation. Mobile structures may include, but are not limited to, mobile homes, travel trailers, recreational vehicles (RVs), and other prefabricated or modular structures designed for temporary or semi-permanent residential, commercial, or recreational use.

Overlay Zone Designation

The Tiny Home Overlay shall only be applicable within the following zoning districts as defined by Vernal City's Zoning Ordinance:

Residential 3 (R3)

Residential 4 (R4)

Mixed-Use (MX)

Manufactured Home Zone (MH)

The Tiny Home Overlay shall be denoted on the Vernal City Zoning Map once tiny home overlay area has been approved.

The Tiny Home Overlay shall be approved in areas within the R3, R4, MX, andMHMX zones under the following criteria:

1. Smaller Lot Utilization: Areas where the utilization of smaller lots and an increase in residential density will not adversely affect the community character or impose undue strain on existing infrastructure and municipal services.
2. Redevelopment Areas: Zones identified for redevelopment, where tiny homes can contribute to revitalization efforts without displacing current residents or disrupting existing community fabrics.
3. Infill Development: Locations suitable for infill development, particularly vacant or underused parcels that can be optimized for residential use, thereby reducing urban sprawl and encouraging more efficient land use.
4. Mixed Housing Types: Areas that benefit from a diverse housing stock, including tiny homes, to cater to a variety of lifestyles, family sizes, and income levels, promoting inclusivity and affordability in the housing market.

In the designation of the Tiny Home Overlay, the following development considerations shall be adhered to:

1. Emergency Access: All development within the overlay must ensure clear access for emergency vehicles and services, with appropriately designed ingress and egress points to safeguard the well-being of residents.
2. Community Integration: Tiny home developments shall be designed to integrate seamlessly with existing neighborhoods, complementing the architectural styles and scales to maintain the aesthetic coherence and community character.
3. Infrastructure Capacity: The existing infrastructure capacity to support additional residents, including water, sewer, and electrical services, shall be a primary consideration in the approval process to ensure sustainable growth.

Development Standards

• The following development standards are established to guide the development of tiny home lots within the Tiny Home Overlay, ensuring that such developments contribute positively to the community objectives. All building, planning, business licensing and development permits within the tiny home overlay shall submit a site plan showing compliance with the established requirements of this chapter including
• Minimum Lot Size
  • The minimum lot size for the placement of a tiny home shall be 2,500 square feet, with an additional requirement of 500 square feet for each tiny home placed on the lot.
• Lot Width
  • The minimum lot width for tiny home lots shall be 45 feet regardless of underlying zoning requirements.
• Setbacks
  • Front: Setback requirements shall adhere to the standards established for the respective underlying zone.
  • Side: A minimum of 5 feet from property lines as per fire code.
  • From Other Structures: A minimum setback of 5 feet from other structures on the same lot.
  • Rear: A minimum of 5 feet from the rear property line as per fire code.
  • Corner: 30 feet or 20 feet depending on the orientation of the lot to the adjacent streets.
• Lot Coverage
  • There shall be no maximum lot coverage requirement for tiny home lots to allow flexibility in design and placement.
• Height Restrictions
  • Tiny homes shall not exceed a maximum height of 20 feet
• Utility Connections
  • All tiny homes shall be individually connected to municipal water, sewer, and electrical services to ensure health and safety standards are met.
• Parking
  • A minimum of one parking space per tiny home unit is required.
    • Each parking space must be no smaller than 12 feet by 20 feet and located out of the public right-of-way (ROW).
    • All areas intended or used for parking vehicles wider than 50 inches at any part shall be paved asphalt or concrete parking spaces.
    • Parking spaces/ parking shall not cover more than 50% of the street facing wall of the structure.
    • Tiny homes wishing to store more than one vehicle shall provide additional parking.
    • Street parking shall follow the rules and requirements of the underlying zone.
• Landscaping
  • For lots less than 3,000 square feet designated for a single tiny home or less than 6,500 square feet for multiple tiny homes, all areas not covered by buildings or pavement shall be landscaped. Landscaping must be completed before the issuance of the final certificate of occupancy (C of O).
  • In instances where weather conditions prevent the timely completion of landscaping a Temporary Certificate of Occupancy (C of O) may be granted under the condition that all required landscaping improvements are completed by no later than August 1st following the issuance date. To ensure compliance, the city must receive a performance bond equal to the total amount quoted in a landscaping bid sourced from a landscaping business currently holding a valid business license.
    • Should the landscaping improvements not be completed by the stipulated deadline of August 1st following the issuance of the Temporary Certificate of Occupancy (C of O), the performance bond will be forfeited. Upon forfeiture, the City reserves the right to either:
      • Undertake the necessary landscaping improvements directly, utilizing the forfeited bond amount to cover the costs of such landscaping; or
      • Allocate the forfeited bond amount towards other city improvement projects as deemed appropriate by the City Council or its designated authority
• Trash Receptacles
  • Designated areas for trash receptacles must be provided outside of the front setback
• Adequate Drainage
  • Development plans must include provisions for adequate drainage to prevent water accumulation and ensure proper runoff management.
• Emergency Access
  • Developments must ensure clear access for emergency vehicles and services, with appropriately designed ingress and egress points to safeguard residents and property

Tiny Home Standards

To ensure that tiny homes contribute positively to the housing landscape of Vernal City while adhering to safety, stability, and community aesthetic standards, the following criteria are established:

Size Limitations

• Tiny homes are defined as having a maximum footprint of 700 square feet and a total living space not exceeding 900 square feet.

Occupancy and Parcel Development Restrictions

• No more than four (4) tiny homes may be placed on any single lot.
• A parent parcel may not be subdivided to create more than four (4) lots within a three (3) year period for the purpose of developing tiny homes.

Permanent Foundation Requirement

All tiny homes within the overlay zone must be built on permanent foundations. No mobile structures may be allowed in the tiny home overlay.

• The design and construction of the foundation must meet the International Building Code (IBC) requirements as currently adopted by Vernal City. Compliance with these standards assures that tiny homes are built to withstand local environmental conditions and maintain structural integrity over time.
  

Permitting Process

1. Administrative Processing and Approval

The Tiny Home Overlay designation shall be processed and approved through an administrative procedure managed by Vernal City staff. This process is designed to facilitate the development of tiny homes within specified areas in alignment with the strategic planning objectives and community needs of Vernal City. The overlay designation shall receive written approval from the following city officials:

1. City Zoning Administrator,

2. Building Official,

3. City Attorney, and

4. Public Works Department Representative.

B. Application Requirements

Applicants seeking a Tiny Home Overlay designation must submit a complete application package to the City Planning Department, which includes:

1. A statement of purpose for the proposed overlay, elucidating its benefits and how it aligns with the city's planning goals.

2. A detailed site plan demonstrating the ability of affected lots to comply with the requirements set forth in this chapter.

3. Any supporting documents necessary to show compliance with this chapter's requirements.

4. The non-refundable application fee, set at the same rate as the fee for rezoning applications as specified in the current fee schedule.

C. Public Notification and Review Process

Upon receipt of the application, city staff will:

1. Issue a public notification to properties within 300 feet of the proposed overlay area, inviting commentary on relevant aspects such as parking and utility arrangements.

2. Perform an initial assessment to verify the completeness of the application and its adherence to the specified requirements.

Following the acceptance of the application, the City Zoning Administrator will conduct a thorough evaluation of the proposal. This evaluation will include:

1. Analysis of the proposal's impact on zoning, infrastructure, and environmental factors.

2. Consideration of the proposal's alignment with the comprehensive city plan.

D. Decision and Notification

The decision, either approval or denial, will be communicated in writing via certified mail to the applicant. This communication will include a staff report, signed by the required city officials, detailing the findings from the comprehensive evaluation and stating any conditions related to the approval or denial.

E. Appeal Process

Applicants may appeal decisions in accordance with the city's established appeal procedures.

F. Ongoing Monitoring and Authority

City staff shall conduct ongoing administrative monitoring to ensure compliance with the overlay requirements. The City retains the right, exercised through administrative authority, to either maintain or remove the Tiny Home Overlay designation as dictated by evolving planning needs and objectives of Vernal City.

1. Purpose/ Intent: The purpose of this chapter is to establish regulations for the operation and location of food truck courts within Vernal City to enhance economic growth, support local entrepreneurs, create community gathering spaces, and provide diverse food options for residents while addressing potential impacts on public health, safety, and livability.
2. Definitions:
   1. Food Truck Court: Any area where one or more Mobile Food Vendor(s) are parked for more than 60 days in a calendar year OR any area where three (3) or more Mobile Food Vendor(s) are simultaneously located for any amount of time outside of an approved and permitted event. Food truck courts can include area(s) designated and designed for mobile food vendors, including food trucks, trailers, and carts, where food and beverages are sold to the public. The court may include amenities such as seating areas, restrooms, and parking.
   2. Mobile Food Vendor: An operator of a food truck, trailer, or cart that sells food or beverages for consumption.
   3. Food Vendor Stall: A designated area or space within a food truck court for the use of a mobile food vendor for the purpose of selling, serving, or preparing food or beverages.
3. Permitted. Food truck courts are permitted within the following zones, subject to the provisions of this Chapter:
   1. C-2 and CC-1 (Commercial Zones)
   2. CP-2 and CCP-1 (Community Planned Commercial Zone)
   3. I-1 (Industrial Zones)
   4. MX (Mixed Use Zone)
4. Operational Requirements
   1. All food truck courts including mobile food vendors within the court must comply with Health Department, Fire Department, and other relevant city departments regulations concerning food handling, storage, sanitation, parking, vehicular access, and all other activities related to the food truck court operation.
   2. Food truck courts including mobile food vendors within the court are subject to regular inspections by the Health Department, Fire Department, and other relevant city departments to ensure compliance with the provisions of this chapter and other relevant regulations.
   3. Food truck Courts shall be approved for operation upon receiving an approved Vernal City Business License.
   4. No Vernal City Business license shall be issued for food truck courts without approved Master Site Plans or in violation of the approved master site plan, health code, fire code or Vernal City Code requirements.
   5. Food Truck Courts shall not be larger than 3 acres.
   6. Food truck courts shall be fenced on any boundary bordering a residential or agricultural use or zone.
   7. Fencing requirements can be waived by the planning commission with the written approval of neighboring property owners or for unique geographical situations.
5. Food Truck Court Site Plan Requirements.
   1. Compliance with Health Code requirements.
   2. Noise and Lighting Control shielding noise and lighting away from property boundaries.'
      1. Noise generated by the food truck court activities shall not exceed 65db at the property line adjacent to residential use or zones. All other noise generated by the food truck court shall be subject to typical noise ordinance regulations so as to not disrupt the usual use of adjoining properties.
   3. All infrastructure facilitating gas, water, sewer and power shall be buried and available within 25’ of each mobile food vendor stall.
      1. No generators shall be permitted to operate food truck court activities including the food vendors, music, lighting and other amenities.
      2. The use of exterior propane facilities or fixtures that allow multiple vendors or the public to connect or access propane supplies is strictly prohibited. Propane systems must be self-contained exclusively for the use of the singular mobile food vendors operation. Propane tanks and related systems must not be accessible to other vendors or the general public and should be secured to prevent tampering or unauthorized use.
   4. Access to a licensed and serviced grease containment and disposal system for the use of occupants.
   5. On site contained garbage available for the use of occupants and patrons.
   6. Landscaping required per Vernal City code 16.27.
   7. Parking required per Vernal City code 16.26.
   8. Compliance with sign regulations per Vernal City code 16.28.
   9. Restrooms for the use of occupants:
      1. Food truck courts containing 4 or less food truck spots shall provide a minimum of 1 portable toilet and hand washing facility for the joint use of occupants. Portable toilets must be screened from public ROW view and set back a distance of 50 from all accesses to existing structures, the boundary of any residential zones, uses or residential structures.
      2. Food truck courts with five to ten food truck stalls must provide at least one stationary toilet and handwashing facility for shared use by vendors and patrons.
      3. For every additional ten food truck stalls, or fraction thereof, beyond the first five, one additional stationary toilet is required.
      4. For example, a food truck court with:
         1. 11 to 20 stalls must provide two stationary toilets.
         2. 21 to 30 stalls must provide three stationary toilets, and so on.
      5. Neighboring properties within 250’ of the boundary of the food truck court with excess existing toilet facilities for their use may grant food truck courts a permanent use easement for the use of their toilet facilities.
      6. At no point shall any food truck court be permitted to operate without approved restroom facilities.
      7. All toilet facilities must be maintained in a clean and sanitary condition and be easily accessible during the hours the food truck court operates.
      8. Handwashing facilities must be equipped with soap, clean water, and hand drying materials or devices.
   10. Food Vendor stalls shall be paved asphalt or concrete and no less than 12X25’.
   11. All parking spaces for food trucks shall be accessible simultaneously.
   12. All areas intended for food vendor and patron parking, parking access or vehicular use shall be paved either asphalt or concrete.
   13. All areas intended for patron access shall be gravel, asphalt, concrete or landscaped for the use of pedestrians.
   14. All storage associated with the food truck court shall be fully enclosed.

1. A maximum of five (5) towers up to forty (40) feet above adjacent grade and one (1) tower up to sixty five (65) feet above adjacent grade shall be permitted per parcel or lot.
2. All amateur radio towers must be located in a side or rear yard area of a parcel as defined in this Title or attached directly to an occupied structure having a valid Certificate of Occupancy.
3. A building permit must be obtained from Vernal City for any amateur radio tower attached to a structure.
4. No amateur radio tower may exceed a height of sixty five (65) feet above adjacent grade. If additional height is required in order to achieve a capability identified in Federal law, a request for reasonable accommodation may be submitted. Such request shall be accompanied by sufficient documentation to demonstrate the need for an accommodation. The Vernal City Appeals and Variances Hearing Officer shall make all determinations concerning reasonable accommodation.
5. For towers up to sixty five (65) feet in height above adjacent grade, an application, to include all application fees, must be made to Vernal City on forms provided by the City and must include the following:
   1. A site plan, drawn to scale, showing the location and dimensions of the proposed tower on the site in relation to all property lines, easements and structures, and;
   2. Documentation showing that the Federal Aviation Administration (FAA) has been notified in accordance with Federal law of any proposed construction, and;
   3. Either of the following must be provided:
      1. Documentation from the manufacturer of the tower listing all required installation procedures, requirements and structural restrictions, or;
      2. Detailed engineering plans of the proposed tower prepared and stamped by a professional engineer registered in the State of Utah. Two (2) copies of the plans as well as a digital copy shall be provided with the application. The minimum size of the plans shall be 11" x 17". The plans shall show height, diameter, material and design of the tower, including technical engineering specifications, providing sufficient evidence of the structural integrity of the tower at total installation capacity.
6. For towers above sixty five (65) feet in height above adjacent grade, and application, to include all application fees, must be made to Vernal City on forms provided by the City and must include the following:
   1. Detailed engineering plans of the proposed tower prepared and stamped by a professional engineer registered in the State of Utah. Two (2) copies of the plans as well as a digital copy shall be provided with the application. The minimum size of the plans shall be 11" x 17". The plans shall show the following:
      1. Height, diameter, material and design of the tower, including technical engineering specifications, providing sufficient evidence of the structural integrity of the tower at total installation capacity.
      2. A site plan, drawn to scale, showing the location and dimensions of the proposed tower on the site in relation to all property lines, easements and structures.
   2. Documentation showing that the Federal Aviation Administration (FAA) has been notified in accordance with Federal law of any proposed construction.
7. When approved, the tower must be erected within one (1) year from the date of the approval of the permit. If construction is not completed within this time requirement, the permit shall expire and a new application, to include all fees and supporting documents, must be submitted. Vernal City may grant one (1) time extension for a period of up to six (6) months at its own discretion.
8. Towers and all associated equipment must be maintained in good repair and in such a way as to maintain structural integrity as originally designed. If the owner fails to maintain the tower as stated, Vernal City may cause the pole to be removed at the owner's expense.
9. An amateur radio tower may not be used for the colocation of commercial radio antennas and/or equipment.
10. Power output from any antenna or antenna array may not exceed that which is granted under the owner's current FCC license.
11. For amateur radio towers requiring a conditional use permit, the following items shall be considered when determining the impact on other uses and the conditions required to mitigate such impacts:
    1. Compatibility of the proposed structure with the height and mass of existing adjacent buildings and utility structures, and;
    2. Location of the antenna to existing vegetation, topography and buildings to maximize visual screening.

(Ord. 2017-11, Add, 08/16/2017)

1. A master site plan application, to include all application fees, must be made to Vernal City on forms provided by the City. In addition to the master site plan requirements specified in this Title, the application must include the following:
   1. The location and height of all structures and trees within a four hundred (400) foot radius of the proposed tower location.
   2. Documentation showing that the Federal Aviation Administration (FAA) has been notified in accordance with Federal law of any proposed construction.
2. Site design requirements:
   1. One (1) off-street parking space is required per site, and;
   2. The site must be fully enclosed by a sight obscuring security fence a minimum of six (6) feet in height, and;
   3. All equipment installed in association with the low power radio tower must be enclosed by the required fence, and;
   4. The low power radio tower must be installed as near to the center of the proposed site as conditions permit or set back a minimum of fifty (50) feet from the site boundaries on all sides when the site is of sufficient size to permit such setbacks.
3. The height of a low power radio tower, if permitted in the specified zone, shall be limited to a maximum as follows:
   1. Fifty (50) feet above adjacent grade in all A-1, C-2, CP-2, I-1 and F-1 zones.
4. All low power radio towers must be separated from each other by a minimum of one thousand (1000) feet.
5. Towers and all associated equipment must be maintained in good repair and in such a way as to maintain structural integrity as originally designed.
6. Any new installation of a low power radio tower must incorporate provisions for the colocation of transmitting equipment and antennas for two (2) additional broadcasting entities. In total, each pole or tower must accommodate transmitting equipment and antennas for three (3) different broadcasting entities.
7. For low power radio towers requiring a conditional use permit, the following items shall be considered when determining the impact on other uses and the conditions required to mitigate such impacts:
   1. Compatibility of the proposed structure with the height and mass of existing adjacent buildings and utility structures, and;
   2. Location of the antenna to existing vegetation, topography and buildings to maximize visual screening.

(Ord. 2017-11, Add, 08/16/2017)

1. For purposes of this section, cellular equipment shall mean any and all cables, boxes, antennas and other objects or devices that relate to or support any aspect of the cellular telecommunications use of the tower.
2. No cellular equipment shall be installed or maintained on the ground or at grade level, except:
   1. One (1) fully enclosed metal equipment box with a volume no greater than eleven (11) cubic feet may be permitted on the ground or at grade level per pole or tower. Said equipment box must be located within ten (10) feet of the small cellular tower that it supports.
   2. Cellular equipment may be installed and maintained in a vault that is entirely below grade and located within forty (40) feet of the tower that it supports.
   3. All equipment installed at grade level must be placed as close as practical to the boundary between the adjoining parcels.
3. For cellular equipment mounted on the tower lower than forty (40) feet above adjacent grade or for all at grade cellular equipment, any cooling systems provided operating noise emissions are fully suppressed.
4. With the exception of an electrical power meter and shrouded cables and wires, all tower mounted cellular equipment must be a minimum of fourteen (14) feet above adjacent grade.
5. Generators utilizing internal combustion engines may not be installed or used in association with a small cellular tower, except that;
   1. During an emergency when the regular power supply has failed, a portable internal combustion generator may be placed at the small cellular tower and used to power said tower for a period not to exceed fourteen (14) days.
6. The height of a small cellular tower, if permitted in the specified zone, shall be limited to a maximum as follows:
   1. Forty (40) feet above adjacent grade in all R-1, RA-1, R-2, R-3, R-4, MH, HC-1, CC-1, CCP-1 and P-1 zones.
   2. Seventy (70) feet above adjacent grade in all A-1, C-2, CP-2, I-1 and F-1 zones.
7. Antennas may be attached to a small cellular tower in a fashion that allows them to extend a maximum of seven (7) feet beyond the top of the pole or tower. The height of antenna structures extending beyond the top of a small cellular tower shall not be included in the overall height of the tower.
8. For installations on an existing pole or tower, the height of the pole or tower shall not be increased beyond the limits specified in this section. If the existing pole or tower already exceeds these limits, installations may take place provided that the height of the pole or tower is not increased.
9. All small cellular towers must be separated from each other by a minimum of three hundred (300) feet.
10. If the proposed small cellular tower is to be installed on an existing pole or tower that has Vernal City attachments or banners affixed to it, to include seasonal decorations, the modifications of and installations on said tower cannot interfere with Vernal City's use. If the proposed small cellular tower is a new installation, it must provide for Vernal City attachments or banners, to include seasonal decorations, if requested by Vernal City. Any cellular equipment hat emits radio frequency (RF) radiation must be separated by a minimum of five (5) feet from all Vernal City attachments or banners, to include seasonal decorations. A method of temporarily disabling the ability of the small cellular tower to emit RF radiation must be provided to Vernal City to facilitate City personnel working in proximity to cellular equipment.
11. If a small cellular tower's active telecommunications use is terminated for more than 1 (one) year, all cellular equipment must be removed from the site. Further, if the sole use of the pole or tower is to serve the small cellular tower use, then the pole or tower must be removed as well. Removal of the pole or tower and all cellular equipment must be completed within 2 (two) years of the termination of the use. Upon failure to remove the pole within the required time limit, Vernal City may cause the pole to be removed at the owner's expense.
12. New poles or towers must be placed in a way that will not cause a conflict with the Americans with Disabilities Act (ADA) and all associated regulations. If a conflict arises after the installation of said pole or tower, it will be the responsibility of the owner of the pole or tower to mitigate such conflict.
13. An application, to include all application fees, must be made to Vernal City on forms provided by the City and must include the following:
    1. Detailed engineering plans of the proposed new tower, or modifications to an existing tower, prepared and stamped by a professional engineer registered in the State of Utah. Two (2) copies of the plans as well as a digital copy shall be provided with the application. The minimum size of the plans shall be 11" x 17". The plans shall show the following:
       1. Height, diameter, material and design of the pole or tower, including technical engineering specifications, providing sufficient evidence of the structural integrity of the tower at total installation capacity, and;
       2. A list of each piece of equipment to be installed identified by model name and number, and;
       3. Power output and operating frequency for the proposed antenna(s), and;
       4. Total anticipated capacity of the structure, indicating the number and types of antennas and power and frequency ranges, which can be accommodated, and;
       5. A site plan, drawn to scale, to include each component to be installed at the site and setbacks from existing structures, property lines and easements, and;
       6. Elevations, drawn to scale, showing each component to be installed at the site.
    2. Documentation showing that the Federal Aviation Administration (FAA) has been notified in accordance with Federal law of any proposed construction.
    3. If the proposed tower is to be installed on an existing utility pole, documentation showing the existing pole's owner has approved of the installation and use as represented to the City in the application package.
14. When approved, the pole or tower must be constructed, erected and installations completed within one (1) year from the date of the approval of the permit. If construction is not completed within this time requirement, the permit shall expire and a new application, to include all fees and supporting documents, must be submitted. Vernal City may grant one (1) time extension for a period of up to six (6) months at its own discretion.
15. An encroachment permit must be obtained from Vernal City in order to perform any work in a public right-of-way or easement. It is the responsibility of the applicant to coordinate with or obtain permits from any and all other entities affected by the installation of a small cellular tower.
16. Construction and installation must conform to all of the details set forth in the application package as approved by Vernal City.
17. Any new installation of a small cellular tower must incorporate provisions for the colocation of cellular equipment for a second cellular service provider. In total, each pole or tower must accommodate cellular equipment for two (2) different cellular service providers.
18. Poles or towers and all cellular equipment must be maintained in good repair and in such a way as to maintain structural integrity as originally designed.
19. For small cellular towers requiring a conditional use permit, the following items shall be considered with determining the impact on other uses and the conditions required to mitigate such impacts:
    1. Compatibility of the proposed structure with the height and mass of existing adjacent buildings and utility structures, and;
    2. Location of the antenna to existing vegetation, topography and buildings to maximize visual screening.

(Ord. 2017-11, Add, 08/16/2017)

1. The purpose of this Section is to provide for a land use category of urban farms by regulating the type and extend of any use of a parcel for purposes of an urban farm land use.
2. Urban farms and livestock activities are regulated by Vernal City zoning ordinances. All persons wishing to engage in urban farming or keep livestock must comply with the following requirements:
   1. A minimum parcel size of eight thousand (8,000) square feet is required to keep small urban livestock. A property owner may keep a total of sic (6) animals, with the following limits per type of animal:
      1. Rabbits: three (3);
      2. Ducks: six (6);
      3. Hen chickens: six (6);
         1. Rooster chickens shall not be allowed on parcels smaller than twenty-one thousand (21,000) square feet (.048 acres).
      4. Goats: three (3);
         1. Goats must also be dehorned and male goats must be neutered.
      5. Bees: three (3) hives with no more than one swarm per hive;
         1. All bee hives must be set back a minimum of twenty-five (25) feet from any property line.
         2. Should a beehive become populated with Africanized honeybees, it must either be immediately destroyed or "re-queened" using industry accepted procedures resulting in a swarm that is not Africanized.
         3. Honeybee keeping and raising must be in accordance with Section 16.20.700 of this code and Utah State law. 
      6. Except for bees, all livestock shall be kept in a fashion so as to prevent them from exiting the property at any time.
   2. For every twenty-one thousand (21,000) square feet (0.48 acres), a property owner may keep a maximum of two (2) large animals.
      1. Cows;
      2. Horses;
   3. Owners of parcels consisting of at least one (1) acre, as defined as 43,560 square feet, may be permitted to maintain a number of animals proportional to the acreage. The maximum limit established for twenty-one (21,000) sf and eight thousand (8,000) sf may be multiplied by the total number of acres the property consists of.
   4. Large livestock (cows, horses) must be securely contained within the property using proper fencing and enclosures.
   5. Proper shelters must be provided, with appropriate setbacks not less than fifty (50') feet from neighboring building entrances to minimize impact.
3. If sales of produce occur, the resident / property owner must be licensed by the City for such commercial activity;
   1. On-site sales of produce are permitted under the following conditions;
      1. The property owner must be licensed by the City for commercial sales;
      2. One farm stand is allowed, not exceeding one - twenty (120) square feet in size, set back at least ten (10) feet from any public roadway. For farms larger than ten (10) acres, the farm stand may be up to three hundred (300) square feet.
      3. Honey packaged on-site shall be considered the same as honey produced on-site.