The regulations hereinafter set forth in this chapter qualify or supplement, as the case may be, the zone regulations appearing elsewhere in this title. (Ord. 89-5, 3-1-1989)

   A.   Except as otherwise provided in this chapter, every lot, existing or intended to be created, shall have such area, width and depth as is required by this title for the district in which the lot is located, except under the following condition:

Preexisting lots: Where a person who neither owns nor has a right of possession to any contiguous parcel of land legally subdivided and has the right of possession to a lot or parcel of land by virtue of a duly recorded deed or contract for sale, "required area", shall mean the area of said lot or parcel of land; provided, that the deed or contract of sale, by which such right of possession was separated, has been recorded prior to the adoption of this section, any previous ordinance or any subsequent ordinance imposing area requirements on said lot or parcel of land. All such parcels must still meet the required setbacks of the designated zoning district. Any exceptions must obtain a variance from the Board of Adjustment.

   B.   All lots shall have frontage upon a dedicated street, at least fifty feet (50') in width, except for flag lots, or upon a private street approved by the Planning Commission. (Ord. 93-7, 4-14-1993; amd. 2007 Code)

Every dwelling structure shall be located and maintained on a separate lot having no less than the minimum area, width, depth and frontage required by this title for the district in which the dwelling structure is located, except that group dwellings, condominiums and other multistructure dwelling complexes under single ownership and management, which are permitted by this title and have been approved by the Planning Commission, may occupy one lot for each such multistructure complex. (Ord. 89-5, 3-1-1989)

No required yard or other open space around an existing building or which is hereafter provided around any building for the purpose of complying with the provisions of this title shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected or established. (Ord. 89-5, 3-1-1989)

No space needed to meet the width, yard, area, coverage, parking or other requirements of this title for a lot or building may be sold or leased away from any such lot or building. (Ord. 89-5, 3-1-1989)

No parcel of land which has less than the minimum width and area requirements for the district in which it is located may be divided from a larger parcel of land for the purpose, whether immediate or future, of building or development of a lot. (Ord. 89-5, 3-1-1989)

Except as allowed in the downtown mixed use (DM) zone, every part of a required yard shall be open to the sky and unobstructed, except for accessory buildings in a side yard or rear yard. However, in order to project into a side yard or rear yard setback, the placement of an accessory building shall be considered only under the conditions cited elsewhere in this title for each applicable zoning district. This provision shall not apply to the ordinary projections of skylights, sills, belt courses, cornices, chimneys, flues and other ornamental features which project into a yard not more than two and one-half feet (21/2'). Also not included in this provision are open or lattice enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers projecting into a yard not more than five feet (5'). (Ord. 2009-14, 10-14-2009)

No accessory building nor group of accessory buildings in any residential district shall cover more than twenty five percent (25%) of the rear yard, unless an accessory building or group of accessory buildings covering more than twenty five percent (25%) are approved under a conditional use permit. (Ord. 2004-18, 6-9-2004)

All dwellings shall be erected to a height of at least one story above grade, unless the dwelling is considered a bona fide earth shelter home designed for energy saving purposes to be located below the finished grade. The lived in basement of an uncompleted single-family dwelling shall not be considered an earth sheltered home. (Ord. 89-5, 3-1-1989)

Except for allowed agricultural buildings located in a zoning district that allows agricultural uses, no building which is accessory to a one-family, two-family, three-family or four- family dwelling shall be erected to a height greater than one story or twenty feet (20'), unless an additional story or height in excess of twenty feet (20') is approved under a conditional use permit. Accessory buildings exceeding one story or twenty feet (20') in height shall not encroach into the side yard or rear yard setbacks. (Ord. 2004-18, 6-9-2004)

In all districts which require a front yard, no obstruction to view in excess of three feet (3') in height shall be placed on any corner lot within a triangle formed by the street property lines and a line connecting them at points thirty feet (30') from the intersection of the street lines, except for a reasonable number of trees pruned high enough to permit unobstructed vision to automobile drivers and pedestal type identification signs and pumps at gasoline service stations. (See illustrations in chapter 22 of this title.) (Ord. 89-5, 3-1-1989)

   A.   Fences, walls and hedges may be erected or allowed to the permitted building height when located within the buildable area of an approved lot; provided, that a building permit is obtained for any structure over six feet (6') in height.

   B.   Fences, walls and hedges may not exceed six feet (6') in height within any required rear yard or interior side yard. (Ord. 89-5, 3-1-1989)

   C.   Fences, walls and hedges may not exceed three feet (3') in height within the first ten feet (10') of the required front yard as measured from the street property line. (Ord. 97-22, 7-23-1997)

   D.   For the purpose of this title, single shrub plantings shall not constitute a hedge if the closest distance between the foliage of any two (2) plants remains at least five feet (5').

   E.   Where a fence, wall or hedge is located along a property line separating two (2) lots and there exists a difference in grade between the two (2) properties, such fence, wall or hedge may be erected or allowed to the maximum height permitted on either side of the property line. (Ord. 89-5, 3-1-1989)

In all cases where a proposed building or use will involve the use of sewerage facilities, and a sewer main line is located within three hundred feet (300'), connection to such main line will be required prior to the issuance of a certificate of occupancy. Where a connection to a "public sewer system", as defined by the state department of health, is not available, the proposed individual sewage disposal facility shall comply with the regulations for individual wastewater disposal systems in effect at the time the building permit is applied for. A certificate of approval from said department shall accompany the certificate of occupancy. (Ord. 89-5, 3-1-1989)

The installation of curb, gutter and sidewalks of a type approved by the city shall be required on any existing or proposed street adjoining a lot on which a new use is to be established in any commercial, residential, administrative and professional, or mobile home zoning district, unless specifically waived by the city council or deferred by the mayor. Such curb, gutter and sidewalk shall be required as a condition of building or use approval.

   A.   Waiver Procedure: Any landowner who wishes to request a waiver of the installation of curb, gutter and/or sidewalk must submit a written request for waiver of curb, gutter and/or sidewalk to the public works department. Such request may be in the form of a letter which describes the unique circumstances which justify such a waiver. The request will be placed on the next regular city council agenda. The city council shall use the following standards in determining whether or not to grant the waiver:

      1.   The density and pedestrian circulation pattern of the immediate area do not require curb, gutter and/or sidewalks to facilitate orderly drainage and safe pedestrian access;

      2.   The proposed drainage plan for the subject parcel has been reviewed by the public works department, and the public works department provides a written statement concurring with the finding that curb, gutter and/or sidewalk are not necessary to provide orderly drainage; (Ord. 93-18, 10-27-1993; amd. 2007 Code)

      3.   No city developed drainage and/or circulation plans are available for the public streets in the immediate vicinity; and

      4.   The landowner agrees to file a written statement with the city recorder in which the landowner and any successors or assigns agree not to oppose any special improvement district which may be proposed to install curb, gutter and/or sidewalk in the future.

   B.   Deferral Procedure: Such curb, gutter and/or sidewalk improvements may be deferred when deemed appropriate by the mayor. Deferral may be allowed when the mayor finds that:

      1.   The construction is impractical due to physical constraints which do not allow installation of such improvements as a feasible element of the new use;

      2.   The neighborhood is absent similar improvements, and the city has no plans for the installation of such improvements within two (2) years of the establishment of the new use; and

      3.   The public works director has reviewed the request and has submitted a recommendation.

   C.   Deferral Agreement: When deferred, the owner of land requesting the deferral shall enter into an agreement with the city for the installation of curb, gutter and/or sidewalk at a future date; as determined by the mayor, upon the advice of the public works director and city attorney. This agreement shall provide for the following:

      1.   The agreement shall be acceptable to the public works director and city attorney;

      2.   Construction of required improvements shall begin within ninety (90) days of any future receipt of notice to proceed from the city;

      3.   In the event of default by the owner or successors, the city is authorized to cause the construction to be done and charge the entire expense to the owners or successors, including interest from the date of notice of the cost until paid;

      4.   The agreement shall be recorded in the office of the county recorder at the expense of the owner and shall constitute notice to all successors of title to the real property of the obligation set forth, and also a lien in the amount to fully reimburse the city, including interest;

      5.   In the event of litigation caused by any default of the owner or successors, the owner or successors agree to pay all costs involved, including reasonable attorney fees, which shall become a part of the lien against the real property;

      6.   The term "owner" shall include not only the present owner, but also heirs, successors, assigns, executors and administrators, with the intent that the obligations undertaken shall run with the real property and constitute a lien against it;

      7.   The landowner agrees to file a written statement with the city recorder in which the landowner and any successors or assigns agree not to oppose any special improvement district which may be proposed to install curb, gutter and/or sidewalk in the future; and

      8.   Any other provisions deemed necessary by the mayor or city attorney. (Ord. 93-18, 10-27-1993)

   D.   Appeals Procedure: Any landowner who does not agree with the determination of the city council or mayor, or contents of the proposed agreement to install curb, gutter and/or sidewalks, may appeal such determination by filing a request for review in writing to the board of adjustment. Such request shall identify the specific portions of the proposed agreement which the landowner wishes to amend or delete. The board of adjustment may utilize the same standards of review for such appeals as are listed in the waiver section above, as well as other applicable information provided by the city manager or city attorney. (Ord. 93-18, 10-27-1993; amd. 2007 Code)

The raising and keeping of livestock or animals is permitted on lots of greater than one-half (1/2) acre in size, in all applicable zones, as long as all livestock and animals shall be housed in enclosed corrals, stables or other enclosures with open fenced exercise areas which are located a minimum of one hundred feet (100') from any dwelling and all board of health requirements are complied with. (Ord. 89-5, 3-1-1989)

The site plans submitted with each single-family dwelling unit shall include two (2) off street parking spaces, and except for dwelling units in the DM zone, one of which shall be enclosed in a garage or carport. The additional required parking space shall be constructed of concrete and be a minimum of nine feet by nineteen feet (9' x 19') in size. Both parking spaces required by this section shall comply with the front yard setback requirements of the zone in which the lot is located. Locating one parking space immediately in front of the other required parking space (tandem parking) is specifically prohibited, except for parking in a mobile home - recreational vehicle (MH) zone. (Ord. 89-5, 3-1-1989; amd. 2007 Code; Ord. 2008-02, 1-9-2008; Ord. 2009-14, 10-14-2009)

The front yard of any residential lot shall not be used for the location of any building or long term parking area for any vehicle, including boats, recreational vehicles, snowmobiles, jet skis, motorcycles or other similar vehicles. (Ord. 89-5, 3-1-1989)

All site plans submitted with building permit applications shall include a city approved scaled drawing of the proposed landscaping of the lot. The scaled drawing shall indicate plant types, sizes and amounts, and other features such as colored gravel and rocks, etc. Such drawing shall address the following standards:

   A.   Requirements: The area of the street located between the curb line and the private property line, excluding a sidewalk, if any exists, shall be completely landscaped with at least fifty percent (50%) in live vegetation, and maintained by the abutting property owner. Tree and shrub crowns and branch extensions shall be included in the fifty percent (50%) calculation. Said area shall be kept free of weeds and other unsightly materials or conditions.

   B.   Maintenance: Buildings, uses and lots shall be maintained in such a manner as to enhance community pride and beautification. No junk, rubbish, weeds or other unsightly materials or conditions, including motor vehicles in an inoperable condition for more than six (6) months, shall be permitted on any lot, right of way or easement, or as part of any building or use.

   C.   Consistent With Approval: On site landscaping shall be consistent with the approved scaled drawing and as required in each particular zoning district and other applicable sections cited elsewhere in this title. (Ord. 2004-18, 6-9-2004)

   A.   Permitted Use Multiple-Family Zone:

      1.   A residential facility for elderly persons is a permitted use in any area where residential dwellings are allowed, except an area zoned to permit exclusively single-family dwellings. Prior to establishing a residential facility for elderly persons, a building permit must be obtained by application to the city, which shall be issued if the applicant can show that:

         a.   The facility meets all city building, safety, zoning and health ordinances applicable to similar dwellings;

         b.   Adequate off street parking spaces are provided;

         c.   The facility is capable of use as a residential facility for elderly persons without structural or landscape alterations that would change the structure's residential character;

         d.   The residential facility for elderly persons is not established or maintained within three-fourths (3/4) mile of another residential facility for elderly persons or "residential facility for persons with a disability" (as defined by Utah Code Annotated section 10-9-605);

         e.   No person being treated for alcoholism or drug abuse may be placed in the residential facility for elderly persons;

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

      2.   Upon application for a permit to establish a residential facility for elderly persons in any area where residential dwellings are allowed, except an area zoned to permit exclusively single-family dwellings, a facility that conforms to these provisions shall be granted a permit.

      3.   The use granted and permitted by this subsection is nontransferable and terminates if the structure is devoted to a use other than as a residential facility for elderly persons, or if the structure fails to comply with city ordinances.

   B.   Conditional Use Single-Family Zones:

      1.   Subject to the granting of a conditional use permit, a residential facility for elderly persons shall be allowed in any municipal zoning district which is zoned to permit exclusively single-family dwelling use, if that facility:

         a.   Conforms to all applicable health, safety, zoning and building codes;

         b.   Is capable of use as a residential facility for elderly persons without structural or landscape alterations that would change the structure's residential character;

         c.   Conforms to the city's criteria adopted by ordinance, governing the location of residential facilities for elderly persons in areas zoned to permit exclusively single-family dwellings;

         d.   The residential facility for elderly persons is not established or maintained within three-fourths (3/4) mile of another residential facility for elderly persons or "residential facility for persons with a disability" (as defined by Utah Code Annotated section 10-9-605);

         e.   No person being treated for alcoholism or drug abuse may be placed in the residential facility for elderly persons;

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

      2.   The use granted and permitted by this subsection is nontransferable and terminates if the structure is devoted to a use other than as a residential facility for elderly persons or if the structure fails to comply with applicable health, safety and building codes.

   C.   Discrimination: Discrimination against elderly persons and against residential facilities for elderly persons is prohibited. The decision of the city regarding the application for a permit by a residential facility for elderly persons must be based on legitimate land use criteria, and not be based on the age of the facility's residents.

   D.   Other Permitted Uses Not Limited: The requirements of this section that a residential facility for elderly persons obtain a conditional use permit or other permits do not apply if the facility meets existing zoning ordinances that allow a specified number of unrelated persons to live together. (Ord. 2004-18, 6-9-2004)

All distribution utilities shall be installed underground. Transformer equipment shall be screened from streets and adjacent properties. (Ord. 96-5, 2-14-1996)

Subject to conditional use permit approval, penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain a building, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, water tanks, wireless or television masts, theater lofts, silos or similar structures may be erected above the height limits herein prescribed. (Ord. 2003-06, 3-12-2003)

Any exception to the zoning height requirements must be approved by the city council. When approved by the city council, buildings and structures may receive a height waiver to be erected to a height or story greater than the height or story allowed in a zoning district. Among the council’s deliberations, the following will be considered as part of its’ review process:

   A.   The proposed height waiver at the particular location, is necessary and desirable, and is to provide a service or facility which will contribute to the general well being of the neighborhood and community; and

   B.   The request will not create public health concerns; and

   C.   Any aesthetic impacts on the surrounding area will be mitigated; and

   D.   Any adverse effects the request may impose on the surrounding area will be addressed and mitigated. (Ord. 2004-18, 6-9-2004; amd. Ord. 2018-26, 10-10-2018)

   A.   Number Permitted: Notwithstanding any other provisions of this code, after a preliminary plat has been approved, model homes may be constructed within the area covered by the preliminary plat if all of the conditions of this section are complied with. In order to have model homes, the preliminary plat shall have a minimum of twenty five (25) lots or units. The number of model homes allowed shall be based on the total number of lots or units approved for the preliminary plat and the following schedule:

 

 

One of the model homes may be used as a temporary office as long as applicable building codes are complied with.

   B.   Plan, Agreement And Application Required: The owner or developer of land within an approved preliminary plat who desires to construct model homes therein shall file the following with the community development department:

      1.   Three (3) copies of a model home site plan (which must be a typical representation of the proposed development) showing the proposed locations of all models and of all other structures proposed to be built, the locations of roads, walks, parking areas and other improvements within the site, and landscaping plans, as well as building elevations of the model homes.

      2.   An "agreement and consent to judgment" signed and acknowledged by both the owner and developer guaranteeing that all land and improvements constructed as a part of the model homes shall conform with the final plat, zoning and improvement plans, and guaranteeing that if the final plat is not recorded within twelve (12) months from the date of preliminary plat approval or any authorized extension thereof, all of the model home site plan improvements shall be removed at the sole cost of the owner thereof and the land restored to its former condition. The form of the agreement shall be approved by the city attorney before it is filed.

      3.   A completed site plan application and associated review fee.

   C.   Approval, Amendment Or Denial Authority; Findings: The zoning administrator has the authority to approve, amend or deny the site plan. In approving a model home site plan, the following findings shall be made:

      1.   The design of the improvements:

         a.   Is consistent with the preliminary plat and its conditions.

         b.   Is consistent with the zoning requirements of the zone.

         c.   Will not adversely affect the public health, safety and welfare.

      2.   Signs are consistent with the city sign regulations.

      3.   There is adequate off street parking.

      4.   All weather surface access is provided to the model homes and parking areas.

      5.   Fire protection (operating fire hydrants) is provided to the site.

      6.   Sanitary facilities are provided at the site for public use.

      7.   A dumpster is provided for the site.

   D.   Permit Application: After the site plan has been approved by the zoning administrator, the owner or developer may apply for building permits for the model homes in accordance with the approved site plan. All plans, specifications and certificates required for compliance with the building code, together with the payment of the prescribed fees, shall be required.

   E.   Plans And Specifications: Plans and specifications shall be submitted to the public works department for the construction of necessary streets, curbs, gutters, paving and fire protection to serve the model homes, and necessary utilities, sewers and storm drains shall be constructed. Plans and specifications shall be approved by the public works project manager prior to the issuance of building permits. Final street construction may be deferred until such time as the model homes are no longer in use, providing a bond in an amount approved by the public works project manager guaranteeing final street construction is posted.

   F.   Occupancy: No residential occupancy shall be permitted in any dwelling unit constructed as a model home until the building official has verified that improvements related to marketing have been removed; the dwelling, garage and driveway have been fully restored for residential use; and that all of the requirements applicable to the dwelling have been met, along with all building code requirements.

   G.   Appeal Of Decision: A decision of the zoning administrator may be appealed to the appeal authority designated in this title. (Ord. 2006-41, 12-13-2006)

   A.   Purpose: The purpose for this section is to comply with section 10-9a-520 of the Utah code, and to avoid discrimination in housing against persons with disabilities as provided in the Utah fair housing act and the fair housing amendments act as interpreted by courts having jurisdiction in Utah. If any facility, residence, or other circumstance meets the definition of a "residential facility for persons with a disability" as set forth in this section, the requirements of the section shall govern the same notwithstanding any other provision of this zoning ordinance.

   B.   Definitions: The words and phrases defined below shall be used in interpreting and construing this section:

    BUILDING: A permanently located structure, including, but not limited to, dwelling units, designed, intended or used for occupancy by any person or for storage of property of any kind.

   DISABILITY: A physical or mental impairment which substantially limits one or more of a person's major life activities, including a person having a record of such an impairment, or being regarded as having such an impairment. "Disability" does not include current illegal use of, or addiction to, any federally controlled substance, as defined in section 102 of the controlled substances act, 21 USC 802, or successor law. As used in this definition:

      1.   "Physical or mental impairment" includes:

a. Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organ; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin and endocrine; or

b. Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term physical or mental impairment includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, human immunodeficiency virus infection, mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism.

      2.   "Major life activities" means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

      3.   "Has record of such an impairment" means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.

      4.   "Is regarded as having an impairment" means:

a. Has a physical or mental impairment that does not substantially limit one or more major life activities but that is treated by another person as constituting such a limitation; or

b. Has a physical or mental impairment that substantially limits one or more major life activity only as a result of the attitudes of others toward such impairment; or

c. Has none of the impairments defined in subsection 1 of this definition but is treated by another person as having such an impairment.

   DWELLING: Any building or portion thereof containing one or more dwelling units occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building or portion thereof.

   DWELLING UNIT: One or more rooms, designed, occupied, or intended as a residence for a single family with cooking, sleeping, and sanitary facilities provided within the dwelling unit.

   FAMILY: One or more persons related by blood, marriage, adoption, or guardianship, or a group of not more than sixteen (16) unrelated persons living together as a single nonprofit housekeeping unit, together with incidental domestic servants.

   REASONABLE ACCOMMODATION: A change in a rule, policy, practice, or service necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling. As used in this definition:

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

      2.   "Necessary" means the applicant must show that, but for the accommodation, one or more persons with a disability likely will be denied an equal opportunity to enjoy housing of their choice.

      3.   "Equal opportunity" means achieving equal results as between a person with a disability and a nondisabled person.

   RESIDENCE: A dwelling unit where an individual is actually living at a given point in time and intends to remain, and not a place of temporary sojourn or transient visit.

   RESIDENTIAL FACILITY FOR PERSONS WITH A DISABILITY: A residence in which more than one person with a disability resides and which is licensed or certified by the department of human services under title 62A, chapter 2 of the Utah code, licensure of programs and facilities.

   C.   Permitted Use:

      1.   Use Permitted: Notwithstanding any contrary provisions of the zoning regulations, a residential facility for persons with a disability shall be a permitted use in any zoning district where residential dwellings are allowed.

      2.   Use Nontransferable: The permitted use by this section is nontransferable and shall terminate if:

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

         b.   The license or certification issued by the Utah department of human services for such facility terminates or is revoked, or

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

   D.   Development Requirements: Each residential facility for persons with a disability shall conform to the following requirements:

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

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

         b.   Adequate off street parking spaces shall be provided.

         c.   Each facility shall be limited to no more than sixteen (16) residents.

         d.   Any residential facility for persons with a disability that are substance abuse facilities located within five hundred feet (500') of a school shall provide the following:

            (1)   A security plan satisfactory to local law enforcement authorities, and

            (2)   Twenty four (24) hour supervision for residents, and

            (3)   Other twenty four (24) hour security measures.

      2.   Separation Required: Each facility shall be at least five thousand two hundred eighty feet (5,280') from any other such facility, as measured in a straight line between the closest property lines of the lots or parcels on which they are located.

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

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

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

      4.   License Or Certification Required: Prior to the establishment of any facility, the person or entity licensed or certified by the department of human services to establish and operate the facility shall:

         a.   Provide a copy of such license or certification to the city, and

         b.   Certify in a sworn affidavit to the city that no person will reside in the facility whose tenancy would:

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

            (2)   Result in substantial physical damage to the property of others.

   E.   Reasonable Accommodation Required: None of the foregoing conditions shall be interpreted to limit any reasonable accommodation necessary to allow the establishment or occupancy of a residential facility for persons with a disability.

      1.   Application: Any person or entity who wishes to request a reasonable accommodation shall make application therefor to the community development director and shall articulate in writing the basis for the requested accommodation.

      2.   Decision: Each application for a reasonable accommodation shall be decided within not more than thirty (30) days. The decision shall be based on evidence of record demonstrating:

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

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

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

      3.   Appeal: If a request for a reasonable accommodation is denied, the decision may be appealed to the board of adjustment in the manner provided for appeals of administrative decisions as set forth in section 9-4A-8 of this title.

   F.   Proof Of Licensure For Other Treatment Facilities: Prior to the establishment of any facility for which a state license or certification is required under the Utah human services code 1 , the person or entity which must obtain such a license or certification shall submit proof to the community development director that the facility has been duly licensed or certified by the agency having regulatory jurisdiction over the facility. (Ord. 2009-09, 4-8-2009)

   A.   Purpose: The purpose and intent of this section is to protect the health, safety and general welfare of the residents of the city. This section establishes procedures for designating areas within the city where the rental of residential units on an overnight or short term basis is appropriate and acceptable, and to aid the development of housing, particularly by owners who reside elsewhere and wish to rent their units when not in use. This section is intended to fully exclude such overnight and short term rental practices in residential areas, unless and until such overnight and short term rental has obtained a conditional use permit pursuant to chapter 17 of this title.

   B.   Definitions: The words and phrases defined below shall be used in interpreting and construing this section:

    GUEST BEDROOM: Each bedroom in the rental dwelling unit in addition to the first bedroom.

   SHORT TERM: A period of twenty seven (27) days or less (including overnight).

   C.   Conditional Use Permit Required In Residential Zones: Subject to, and conditioned upon, the granting of a conditional use permit pursuant to chapter 17 of this title, short term rentals shall be allowed in any municipal residential zoning district which is zoned to permit exclusively single-family or multiple-family dwelling use, only if that residential use meets all of the following requirements:

      1.   Is located on a lot size of ten thousand (10,000) square feet or more; and

      2.   Conforms to all applicable health, safety, zoning and building codes; and

      3.   Is capable of use as a short term residential rental without structural or landscape alterations that would change the structure's residential character; and

      4.   Receives approval from seventy five percent (75%) of the property owners of the individual lots or units within a five hundred foot (500') radius of the short term residential rental applicant. Approvals shall be in the form of originally signed and notarized letters from said property owners. Additionally, if the proposed short term rental parcel of property is located within a subdivision with a homeowners' association ("HOA"), the applicant must obtain a letter of approval, in a form acceptable to the city, from the HOA's board; and

      5.   Be controlled by a local property management person or company whose residence or place of business shall be within twenty (20) miles of the short term residential rental property; and

      6.   Have adequate off street parking, allowing for only two (2) vehicles plus one additional vehicle for every two (2) guest bedrooms. Parking requirements shall not include parking on public (or private) streets.

   D.   Automatic Termination: Notwithstanding anything to the contrary in chapter 17, "Conditional Uses", of this title, a conditional use permit granted, pursuant to this section shall automatically terminate (or in the alternative shall be terminable by the city), if any of the following occur:

      1.   The residence or structure is devoted to a use other than as a short term residential rental (excluding the occupancy of the residence by the applicant); or

      2.   There is change of ownership of the property; or

      3.   The residence or structure fails to comply with applicable health, safety, or building codes; or

      4.   There has been a violation of this section, or a violation of chapter 17, "Conditionals Uses", of this title; or

      5.   Other activity has occurred at, or related to the short term residential property, which the City reasonably determines is clearly contrary to the purpose and intent of this section.

   E.   License Required: The owner or property manager of each short term residential rental property shall obtain a short term residential rental property business license as required by this Code prior to commencing the use.

   F.   Rules And Regulations Posted: Each approved property shall permanently post, in a conspicuous place, the rules and regulations as it relates to the approved conditions of that particular conditional use permit, for that specific location.

   G.   Penalties And Enforcement: Any person, firm or corporation, whether as principal agent, employee, or otherwise, violating or causing or permitting the violation of the provisions of this section (or chapter 17, "Conditional Uses", of this title) shall be guilty of a Class C misdemeanor, subject to penalty as provided in section 1-4-1 of this Code (Washington City Criminal Code). Any such person, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this section is committed, continues or is permitted by such person, firm or corporation. The provisions of this section may be enforced by either civil or criminal actions in courts of appropriate and competent jurisdiction. The City's choice to pursue a civil judicial case shall not interfere with the City's right to prosecute violations of this section as criminal offenses. The City may bring actions for civil and equitable relief, including enjoining specific land uses and affirmative injunctions. (Ord. 2015-03, 2-11-2015)

   A.   Purpose: The purposes of this section are: 1) to establish location, appearance, and safety standards that will help mitigate potential impacts related to the construction, use and maintenance of telecommunications facilities; 2) to provide for the orderly establishment of telecommunications facilities in the City; 3) to minimize the number of antenna support structures by encouraging the location of antennas on pre-existing support structures, encouraging the use of stealth facilities, encouraging the co-location of multiple antennas on a single structure, and encouraging the use of City-owned property for antenna support structures; and 4) to comply with the Telecommunications Act of 1996 by establishing regulations that do not prohibit or have the effect of prohibiting the provision of personal wireless services, do not unreasonably discriminate among providers of functionally equivalent services, and are not based on the environmental effects of radio frequency emissions to the extent that such facilities comply with the Federal Communications Commission's regulations concerning such emissions.

   B.   Definitions: The following words shall have the described meaning when used in this section:

    ANTENNA: A transmitting or receiving device used in telecommunications that radiates or captures radio or microwave signals.

   ANTENNA SUPPORT STRUCTURE: Any structure that can be used for the purpose of supporting an antenna(s).

   CITY: Washington City, Utah.

   CITY-OWNED PROPERTY: Real property that is owned, leased or controlled by the City.

   COLLOCATION: The location of an antenna on an existing structure, tower or building that is already being used for telecommunications facilities.

   EQUIPMENT FACILITY: Any building, shelter or cabinet used by telecommunication providers to house switching, backup or other equipment at a telecommunications facility.

   GUYED TOWER: A tower that supports an antenna or antennas and requires guy wires or other stabilizers for support.

   LATTICE TOWER: A self-supporting three- or four-sided, open steel frame structure used to support telecommunications equipment or antennas.

   MONOPOLE: A single, self-supporting, cylindrical pole, constructed without guy wires or ground anchors, that acts as the support structure for antennas.

   NON-RESIDENTIAL USE: A school, church, clubhouse or public/governmental building in a Residential Zoning District. For the purposes of this section any Mixed Use Zone shall be considered a Residential Zone.

   NONSTEALTH DESIGN: Any antenna or equipment facility not camouflaged in a manner to blend with surrounding land uses, features or architecture. The design does not conceal the intended use of the telecommunications facility. A monopole with equipment facilities above ground and unscreened would be considered non-stealth.

   PERSONAL WIRELESS SERVICES: "Personal wireless services" has the same meaning as provided in section 704 of the Telecommunications Act of 1996 (47 USC section 332(c)(7)(c)), which includes what is commonly known as cellular and Personal Communication System (PCS) services.

   PRIVATE PROPERTY: Any real property not owned by the City or another public or governmental entity.

   ROOF LINE: On buildings without a pitched roof, the roof line shall mean the top of the exterior wall elevation. On buildings with a pitched roof, roof line shall mean the ridgeline of the roof.

   ROOF MOUNTED ANTENNA: An antenna or series of antennas mounted on a roof, mechanical room or penthouse of a building or structure.

   STEALTH FACILITIES: Wireless facilities that have been designed to be compatible with the natural setting and surrounding structures, which camouflage or conceal the presence of antennas and/or towers, and that have been certified as "stealth facilities" by the Planning Commission.

   TELECOMMUNICATIONS FACILITY(IES): An unmanned structure which consists of equipment, including transmitters, antennas, antenna support structures and equipment facilities as defined herein, that transmit and/or receive voice and/or data communications through wireless radio signals such as "cellular" or "PCS" (Personal Communications System) communications and paging systems.

   TOP-HAT ANTENNA: A spatial array of antennas, generally located on a freestanding structure, where the visible width of antennas and antenna mounting structures are more than three feet (3') in width as viewed looking directly at the structure.

   TOWER: A freestanding structure, such as a monopole tower, lattice tower, or guyed tower, that is used as a support structure for antenna(s).

   UTILITY POLE ANTENNA: Any antenna mounted directly to an existing City owned power pole or street light pole with the exception of decorative street lights. This definition shall not include poles carrying telephone lines or any other type utility not specifically included above.

   WALL MOUNTED ANTENNA: An antenna or series of individual antennas mounted on the vertical wall of a building or structure.

   WHIP ANTENNA: An antenna that is cylindrical in shape. Whip antennas can be directional or omnidirectional and vary in size depending upon the frequency and gain for which they are designed.

   WIRELESS TELECOMMUNICATION FACILITY: See definition of telecommunication facility.

   C.   Findings: The Planning Commission and City Council shall make the following findings:

      1.   Personal wireless services are of increasing importance and value to the citizens of Washington City. The growing industry and evolving technology continue to increase the quality of life for City residents and contribute to the public safety, health, and welfare of the City. Accommodating the expansions of networks and transmission facilities is important to creating a well-connected, functioning City.

      2.   The City needs to balance the interests and desire of the telecommunications industry and its customers to provide competitive and effective telecommunications systems in the City, against the sometimes differing interests and desires of others concerning safety, welfare, aesthetics, and orderly planning of the community.

      3.   The unnecessary proliferation of telecommunications facilities throughout the City creates a negative visual impact on the community.

      4.   The visual effects of telecommunications facilities can be mitigated by fair standards regulating their siting, construction, maintenance and use.

      5.   Locating antennas on existing buildings and structures, or constructing an antenna as a stealth facility, creates less of a negative visual impact on the community than the erection of towers.

      6.   The public policy objectives to reduce the proliferation of telecommunication towers and to mitigate their impact can best be facilitated by encouraging the use of less visually intrusive antennas and permitting the locating of wireless communication systems on telecommunication towers and antenna support structures that are located on property owned, leased, or used by the City.

      7.   The City owns parcels of property evenly spread throughout the City, where telecommunications facilities could be located so as to be as inoffensive as possible to the residents and businesses of the City.

      8.   Transmission facilities are subject to State and Federal laws that include possible requirements for wireless providers to make room on transmission facilities for collocation of other carriers as well as local government authority to create or acquire sites to accommodate the erection of telecommunication towers. This authority allows a city to promote the location of telecommunication towers in a manageable area and to protect the aesthetics and environment of the area.

   D.   Applicability: This section applies to both commercial and private low power radio services and facilities, such as "cellular" or PCS (personal communication system) communications and paging systems. All cellular facilities shall comply with the regulations set forth in this section and any pertinent regulations of the Federal Communications Commission and the Federal Aviation Administration. Neither the term "telecommunication facility" nor the requirements of this section shall apply to the following types of communications devices, although they may be regulated by other City ordinances and policies:

      1.   Amateur Radio: Any tower or antenna owned and operated by an amateur radio operator licensed by the Federal Communications Commission.

      2.   Satellite: Any device designed for over-the-air reception of television broadcast signals, multi-channel multipoint distribution service or direct satellite service.

      3.   Cable: Any cable television headend or hub towers and antennas used solely for cable.

      4.   Wireless Internet: Wireless internet broadcasting.

   E.   Expert Review:

      1.   The City will seek third party review of the following:

         a.   All applications requesting facility height in excess of the building height for the zone in which the request is being sought.

         b.   All applications requesting a lower preference facility type over a higher preference facility type.

         c.   All applications for facilities located in a lower preference zone compared to a higher preference zone.

         d.   Any application the Planning Commission determines the need to require an expert review due to the complexity of the application or the proposed facility's potential impact on adjacent properties or important community viewsheds.

      2.   The expert review must address the following:

         a.   The accuracy of the applicant's submittal and supporting documents.

         b.   The applicability of the applicant's analysis techniques and methodologies.

         c.   The validity of conclusions.

         d.   Whether the proposed wireless communication facility meets the applicable standards of this chapter, as well as any applicable State or Federal regulations.

      3.   The applicant will provide the technical material required to conduct the expert review as per the City's application form, including, but not limited to, the geographic search ring used to identify the proposed location of the desired wireless communications facility, the handoff candidate of the proposed facility, and radio frequency propagation analysis. The applicant will pay all costs associated with the third party review. Prior to initiating the review the applicant will be required to pay a two thousand dollar ($2,000.00) deposit. The applicant will reimburse the City the remainder of the costs associated with the expert review within fifteen (15) business days of the receipt of an invoice. An application must be denied if all costs associated with the expert review have not been paid.

      4.   If the City has a qualified employee to do the expert review, it shall be done by the qualified City employee. If there is no such person employed by the City, the City shall select the person or entity to perform the third party expert review. The third party reviewer shall not be an employee or agent of the applicant.

      5.   If the City determines, based on its consideration of the third party review, that any technical evidence or justification provided by the applicant is substantially open to question, the application submitted under this section may be denied.

   F.   Approval Process: All applications for telecommunications facilities require review and approval by the Planning Commission. Applications shall be processed in accordance with the City's permitted or conditional use permit approval process, whichever is applicable according to the requirements of this section. An exception to this is when a wireless carrier applies for a facility to be collocated on a monopole or other structure that was specifically designed and approved with room for one or more collocated transmission facilities. In this case, the submission requirements will be the same, but the site plan may be approved administratively by the Community Development Director or his assignee.

   G.   Application Requirements: Any person desiring to develop, construct or establish a telecommunication facility in the City shall submit an application for site plan approval to the Community Development Department. Telecommunication facilities that require conditional use permit approval shall also file an application for conditional use and will be subject to the conditional use requirements of this section and chapter 17 of this title regarding conditional uses.

   H.   Building Permit(s) Required: Prior to the construction of any telecommunication facility, the applicant shall obtain the proper building permits, road cut permits, and other permits as required by the City. No building permit shall be issued until the facility has been approved by the appropriate authority based on the requirements of this section.

   I.   Location And Type Priority:

      1.   Priority Of Antenna Site Location: Telecommunication facilities shall be located as unobtrusively as is reasonably possible. To accomplish this goal, the provider shall make a good faith effort to site antennas in the following order of priority:

         a.   Existing Structures Or Stealth Facilities: First priority shall be granted to antennas located on existing structures or antennas qualifying as stealth facilities, as follows:

            (1)   Existing Structures: Antennas located on lawfully existing buildings, structures or support structures are: a) located on a telecommunication facility designed and approved for collocation, b) located in a Non-Residential Zoning District, or c) located in a Residential Zoning District on property that is being used for non-residential uses (e.g., government, school or church); or

            (2)   Stealth Facilities: Antennas certified as stealth facilities as set forth in this section.

         b.   Monopoles On City-Owned Property: Monopoles constructed on City-owned property.

         c.   Monopoles On Property Owned By A Non-City Public Agency: Monopoles constructed on property owned by a non-City agency.

         d.   Monopoles On Non-Residential Private Property: Monopoles on non-residential private property, provided that the private property is: 1) located in a Non-Residential Zoning District, or 2) located in a Residential Zoning District on property that is used for a non-residential use (e.g., government, school or church).

         e.   Other: Any combination of antenna type and location other than those listed above.

      2.   Burden Of Proof: If the applicant desires to locate antennas on a site other than the highest priority site, the applicant shall have the burden of demonstrating to the Planning Commission why it could not locate antennas on sites with a higher priority than the site chosen by the applicant. To do so, the applicant shall provide the following information to the approving authority:

         a.   Higher Priority Sites: The identity and location of any higher priority sites located within the desired service area.

         b.   Reason For Rejection Of Higher Priority Sites: The reason(s) why the higher priority sites are not technologically, legally or economically feasible. The applicant must make a good faith effort to locate antennas on a higher priority site. The City may request information from outside sources to justify or rebut the applicant's reasons for rejecting a higher priority site.

         c.   Justification For Proposed Site: Why the proposed site is essential to meet the service demands of the geographic service area and the Citywide network. If the applicant desires to construct a monopole, the applicant shall also submit a detailed written description of why the applicant cannot obtain coverage using existing building or structures or stealth facilities.

   J.   Permitted Uses: The following combinations of antenna types and locations are permitted uses, provided that the applicant complies with this section and any other applicable laws and regulations.

      1.   Existing Structures On City-Owned Property: Antennas located on existing buildings, structures and antenna support structures located on City-owned property.

      2.   Existing Structures On Private Property: Wall and roof mounted antennas located on lawfully existing buildings and structures located on private property, provided that the private property is:

         a.   Located in a Non-Residential Zone, or

         b.   Located in a Residential Zone on property that is used for a non-residential use (e.g., government, school or church).

      3.   Collocation: Collocation on lawfully existing antenna support structure approved for collocation provided the new antenna(s) meet the size, height and other applicable monopole antenna requirements contained in this section.

      4.   Stealth Facilities: Antennas certified as stealth facilities by the Planning Commission that are located on a parcel in a Nonresidential Zoning District or in a Residential Zoning District containing a non-residential use.

   K.   Conditional Uses: The following combinations of antenna types and locations shall be considered as conditional use, provided that the applicant complies with this section and other applicable laws and regulations:

      1.   Antennas In Multi-Family Developments: Wall mounted antennas, roof mounted antennas, and stealth facilities located in an R-3, PUD or PCD Zone on property that is being used for a multi-family residential building having ten (10) or more dwelling units.

      2.   Monopoles In Non-Residential Zoning Districts: Monopoles constructed in the OS, AP, C-1, C-2 and C-3, I-1, I-2 and BP Zones.

      3.   Others: Combinations of antenna types and locations other than those listed as permitted uses above or as not permitted uses below.

   L.   Not Permitted Uses:

      1.   The following antenna types and antenna locations are not permitted, except upon a showing of necessity (inability to achieve coverage or capacity in the service area) by the applicant, in which case they shall be considered as conditional uses:

         a.   Lattice Towers And Guyed Towers: Lattice towers, guyed towers, and other non-stealth towers, with the exception of monopoles, are not permitted in any zoning district.

         b.   Monopoles On Private Property In A Residential Zoning District: Monopoles located on Residentially zoned private property, if the Residentially zoned property has a residential use (as opposed to a school, church, or other non- residential use).

         c.   Whip Antennas: Whip antennas on wall mounted support structures.

   M.   Specific Regulations By Type: Wireless facilities are characterized by the type or location of the antenna structure. There are four (4) general types of antenna structures contemplated by this section: wall mounted antennas; roof mounted antennas; stealth facilities; and monopoles. If a particular type of antenna structure is allowed by this section as a permitted or conditional use, the minimum standards for that type of antenna are as follows, unless otherwise provided in a conditional use permit:

      1.   Wall Mounted Antennas:

         a.   Maximum Height: Wall mounted antennas shall not exceed above the roof line of the building or structure or extend more than four feet (4') horizontally from the face of the building.

         b.   Setback: Wall mounted antennas shall not be located within twenty feet (20') of a Residential Zoning District unless it is located on a non-residential structure as approved by this section.

         c.   Mounting Options: Antennas mounted directly on existing parapet walls, penthouses, or mechanical equipment rooms are considered to be wall mounted antennas if no portion of the antenna extends above the roof line of the parapet wall, penthouse, or mechanical equipment room.

         d.   Color: Wall mounted antennas, equipment and supporting structures shall be painted to match the color of the building or structure or the background against which they are most commonly seen. Antennas and the supporting structure on the building shall be architecturally compatible with the building. Whip antennas are not allowed on a wall mounted antenna structure, but may be camouflaged in a stealth facility as per stealth requirements of this section.

         e.   Maximum Area: The total area for all wall mounted antennas and supporting structures on any one building shall not exceed five percent (5%) of any exterior wall of the building.

      2.   Roof Mounted Antennas:

         a.   Maximum Height: The maximum height of a roof mounted antenna shall be eighteen feet (18') above the roof line of the building.

         b.   Setback: Roof mounted antennas shall be set back from the exterior wall of the building or structure a distance at least equal to the height of the antenna above the roof.

         c.   Mounting Options: A roof-mounted antenna shall be mounted only on structures with flat roofs. Roof mounted antennas may be mounted directly on a roof, or on top of the existing penthouse or mechanical equipment rooms if the total height of the antennas does not exceed eighteen feet (18') above the roof line of the building.

         d.   Color: Roof mounted antennas, equipment and supporting structures shall be painted to match the color of the building or structure or the background against which they are most commonly seen. Antennas and the supporting structure on the building shall be architecturally compatible with the building.

         e.   Combination Of Wall And Roof Mounted Antennas: Any building may have a combination of wall and roof mounted antennas meeting the requirements of this section.

      3.   Stealth Facilities:

         a.   Determination: Not every disguised or screened telecommunication facility qualifies as a stealth facility. Whether or not a particular facility qualifies as a stealth facility shall be decided by the Planning Commission as part of the approval process. In making the decision, the Planning Commission shall consider the definition of stealth facilities set forth in this section and shall consider whether the facility is disguised, blended or screened in a manner that eliminates any negative impact of the telecommunication facility. Each stealth facility certification applies to one location only. Because of differing circumstances specific to each site, an antenna that qualifies as a stealth facility in one location may not qualify as a stealth facility in a different location.

         b.   Maximum Height: The overall height of any structure proposed to be used for a stealth fixture antenna shall be consistent with any similar structure being used as a model for the stealth structure. A stealth fixture shall be no more than ten feet (10') higher than the structure to which it is attached; provided the fixture and the structure to which it is attached is consistent with the character of similar structures located in the same area, as determined by the Planning Commission. The Planning Commission shall make specific findings to support its determination.

         c.   Disguise: A stealth fixture antenna shall be disguised as part of the structure to which it is attached or otherwise concealed from public view as much as reasonably possible. A stealth fixture antenna may be attached to or disguised as a flag pole, light pole, power pole, man-made tree, clock tower, steeple or a structure used primarily for another use so long as any antenna located on the structure does not detract visually from the primary use. Stealth fixture antennas and all associated equipment visible to public view shall be painted to match the color of the structure to which it is attached. Equipment and/or equipment shelters used in connection with stealth fixture antennas shall be camouflaged.

         d.   Engineered Structure: A structure to which a stealth fixture antenna is attached shall be designed by a State certified engineer to verify that the structure can support the stealth fixture antenna.

         e.   Antenna Size: A stealth fixture antenna, including the mounting structure, shall not exceed thirty inches (30") in diameter; provided however, that antennas exceeding thirty inches (30"), including the mounting structure, may be permitted if the antenna is a stealth fixture antenna located on or within a clock tower, steeple, man-made tree or other similar structure.

         f.   Conversion: Subject to Planning Commission approval, stealth facilities may include the conversion of existing flagpoles, light standards, athletic field lights or other similar structures to a stealth facility provided the structure's height is not increased more than ten feet (10').

         g.   Utility Pole Antennas: Utility pole antennas may be allowed as a stealth facility at the discretion of the Planning Commission and subject to the following minimum requirements:

            (1)   Location: Utility pole antennas may only be located on existing City owned utility poles except for decorative street lights.

            (2)   Method Of Mounting: Such antennas shall be designed and installed by the applicant according to Washington City Power Department specifications and requirements.

            (3)   Height: Antennas shall not extend more than ten feet (10') above the top of the pole.

            (4)   Antenna Size: The antennas, including the mounting structure, shall not exceed twenty four inches (24") in diameter.

            (5)   Electrical Equipment: Electrical equipment shall not be located in the public right-of-way.

            (6)   Agreement: Each telecommunication provider is required to enter into an agreement with the City prior to installing any telecommunication facilities in a public right-of-way. The City shall review site plan conditions prior to the execution of the agreement.

      4.   Monopoles:

         a.   Justification: If the applicant desires to construct a monopole, the applicant shall first submit a detailed written description of why the applicant cannot obtain coverage using existing buildings or structures or stealth facilities. The description shall include a radio frequency engineering review of the proposed monopole telecommunication facility in relation to the requested height and possible alternative locations.

         b.   Visual Analysis: The applicant shall submit a visual analysis which may include photo simulation, field mock up or other techniques, which identifies the potential for visual impacts of the proposed monopole. The analysis shall consider views from public areas (streets, parks, etc.) and from private residences.

         c.   Maximum Height: The maximum height of the monopole or monopole antenna shall be sixty feet (60'), although the Planning Commission may allow an antenna or antenna support structure up to one hundred twenty feet (120') in height, if the applicant demonstrates to the satisfaction of the approving body that the additional height is necessary to obtain coverage or to allow collocation, and that the applicant has taken steps to mitigate adverse effects on the surrounding neighborhood. The antenna itself shall not exceed ten feet (10') in height.

         d.   Setback: Monopoles shall be set back a minimum distance equal to four (4) times the height of the proposed monopole structure from any residential lot line, measured from the base of the monopole to the nearest residential lot line unless the applicant can demonstrate that the lesser distance is necessary as demonstrated in a certified radio frequency engineering report.

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

         f.   Color: A surface treatment may be required as part of the conditional use permit so that monopoles, antennas, and related support structures match the background against which they are most commonly seen.

         g.   Distance From Other Monopoles: Monopoles and towers shall be located at least one-half (1/2) mile from each other, except upon a showing of necessity by the applicant, or upon a finding by the Planning Commission that a closer distance would adequately protect the health, safety and welfare of the community. This distance requirement shall not apply to stealth facilities or to antennas attached to lawful structures such as transmission towers, utility poles, outdoor lighting structures, and water tanks.

         h.   Location On Parcel: Monopoles shall be located as unobtrusively on a parcel as possible, given the location of existing structures, nearby residential areas, and service needs of the applicant. Monopoles shall not be located in a required landscape area, or buffer area.

         i.   Collocation Requirement: Unless otherwise authorized by the Planning Commission for good cause shown, every new monopole shall be designed and constructed to be sufficient size and capacity to accommodate at least one additional wireless telecommunication provider on the structure in the future. Any conditional use permit for the monopole may be conditioned upon the agreement of the applicant to allow collocation of other personal wireless providers on such terms as are common in the industry.

   N.   Additional Conditional Use Permit Considerations: In addition to the conditional use permit considerations listed in chapter 17 of this title, the Planning Commission shall also consider the following factors when deciding whether to grant a conditional use permit for a telecommunication facility:

      1.   Compatibility: Compatibility of the facility with the height, mass and design of buildings, structures and uses in the vicinity of the facility.

      2.   Screening: Whether the facility uses existing or proposed vegetation, topography or structures in a manner that effectively screens the facility.

      3.   Parcel Size: Whether the facility is located on a parcel of sufficient size to adequately support the facility.

      4.   Location On Parcel: Whether the structure is situated on the parcel in a manner that can best protect the interests of surrounding property owners, but still accommodate other appropriate uses on the parcel.

      5.   Location In General: Whether location or co-location of the facility on other structures in the same vicinity is practicable, without significantly affecting the antenna transmission or reception capabilities.

      6.   Collocation: The willingness of the applicant to allow collocation on its facility by other personal wireless services providers on such terms as are common in the industry.

   O.   Lease Agreement: The City has no implied obligation to lease any particular parcel of City-owned property to an applicant. The City shall enter into a standard lease agreement with the applicant for any facility built on City property. The City Manager or designee is hereby authorized to execute the standard lease agreement on behalf of the City. The lease shall contain the condition that the site plan and/or conditional use permit must first be approved by the Planning Commission before the lease can take effect, and that failure to obtain such approval renders the lease null and void.

   P.   Safety:

      1.   Regulation Compliance:

         a.   Compliance With FCC And FAA Regulations: All operators of wireless facilities shall demonstrate compliance with applicable Federal Communication Commission (FCC) and Federal Aviation Administration (FAA) regulations, including FCC radio frequency regulations, at the time of application and periodically thereafter as requested by the City. Failure to comply with the applicable regulations shall be grounds for revoking a site plan or conditional use permit approval.

         b.   Other Licenses And Permits: The operator of every telecommunications facility shall submit copies of all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location and operation of the facility to the City, shall maintain such licenses and permits in good standing, and shall provide evidence of renewal or extension thereof upon request by the City.

      2.   Monopole Safety:

         a.   Protection Against Climbing: Monopoles shall be protected against unauthorized climbing by removing the climbing pegs from the lower twenty feet (20') of the monopole.

         b.   Fencing: Monopoles and towers shall be fully enclosed by a minimum six foot (6') tall fence or wall, as directed by the City, unless the Planning Commission determines that a wall or fence is not needed or appropriate for a particular site due to conditions specific to the site.

         c.   Security Lighting Requirements: Monopoles and towers shall comply with the FAA requirements for lighting. As part of the conditional use permit consideration, the City may also require security lighting for the site. If security lighting is used, the lighting impact on surrounding residential areas shall be minimized by using indirect lighting, where appropriate.

      3.   Abandonment: The City may require the removal of all antennas and monopoles if the facility has been inoperative or out of service for more than twelve (12) consecutive months.

         a.   Notice: Notice to remove shall be given in writing by personal service, or by certified mail addressed to the operator's last known address.

         b.   Violation: Failure to remove the antennas and monopoles after receiving written notice to remove is a violation of the terms of this section. The City may initiate criminal and/or civil legal proceedings against any person, firm, entity or corporation, whether acting as principal, agent, property owner, lessee, lessor, tenant, landlord, employee, employer or otherwise, for failure to remove antennas and monopoles in accordance with this section. The City may also remove such structures itself, and may bill its costs in removing the structures to the operator. Any lease agreement with the City may also stipulate failure to remove the antennas and monopoles after receiving written notice to do so pursuant to this section automatically transfers ownership of the antennas, monopoles, support buildings and all other structures on the site to the City.

      4.   Emergency: The City shall have authority to move or alter a telecommunication facility in case of emergency. Before taking any such action, the City shall first notify the owner of the facility, if feasible.

   Q.   Additional Requirements:

      1.   Storage Areas And Solid Waste Receptacles: No outside storage or solid waste receptacles shall be permitted on a telecommunications facility site.

      2.   Equipment Enclosures: All electronic and other related equipment and appurtenances necessary for the operation of any telecommunication facility shall, whenever possible, be located within a lawfully pre-existing structure. When a new structure is required to house such equipment, the structure shall be harmonious with, and blend with, the natural features, buildings and structures surrounding such structure.

      3.   Accessory Buildings: Freestanding accessory buildings used with a telecommunication facility shall not exceed a combined total of four hundred fifty (450) square feet and shall comply with the setback requirements for structures in the zoning district in which the facility is located.

      4.   Parking: The City may require a minimum of one parking stall for sites containing a monopole, tower, and/or accessory buildings, if there is insufficient parking available on the site.

      5.   Maintenance Requirements: All wireless facilities shall be maintained in a safe, neat and attractive manner.

      6.   Landscaping: All telecommunications facilities shall be adequately landscaped in order to provide visual screening as deemed necessary by the Planning Commission on a site specific, case by case basis. For monopoles where there are no buildings immediately adjacent to the monopole and equipment facilities, the site shall be surrounded by dense tree growth to screen views of the facility in all directions. These trees may be existing on the subject property or planted as part of the site improvements. The Planning Commission may require additional landscaping as part of the site plan approval.

      7.   Fencing: A six foot (6') high solid decorative fence or wall shall be installed and maintained along the entire boundary line of the proposed project. Chainlink fencing with slats is not considered a solid fence or wall for the purpose set forth in this subsection.

      8.   Power Lines: All power lines on the lot leading to the telecommunication facility shall be underground.

   R.   Historic Districts: Any telecommunication facility proposed for a location within a Historic District or on a historic landmark site as listed on the National or State Register of Historic Places must be reviewed by the Planning Commission as a conditional use. (Ord. 2018-04, 1-10-2018)