Washington County Unincorporated
City Zoning Code
City Zoning Code
CHAPTER 15
WALLS, FENCES, LANDSCAPING AND BUFFERING, AND OUTDOOR LIGHTING
10-15A-1: DECLARATION OF PURPOSE:
This chapter provides minimum requirements for the design and construction of rockery and segmental block retaining walls. (Ord. 2024-1271-O, 9-17-2024)
10-15A-2: RETAINING WALL SUBJECT TO THIS ARTICLE; PERMIT AND ENGINEERING DESIGN REQUIRED:
A. Except as otherwise provided in Part 2, all rockery and segmental block retaining walls shall be subject to the provisions of this article and shall require a building permit and/or excavation permit issued by the Washington County Community Development Department prior to construction or alteration unless the wall was included and approved on the engineered construction drawings for a subdivision, and the approvals have not expired. (Ord. 2022) Building permit review fees will be assessed and collected at the time the permit is issued.
B. The following exemptions may not require a building permit:
1. Non-tiered retaining walls less than four feet in exposed height and have less than 10H:1V (Horizontal: Vertical) front and back slopes within ten feet of the wall.
2. Double tiered retaining walls less than four feet in exposed height per wall, have front slopes and back slopes of each wall no steeper than or equal to 10H:1V within ten feet of the walls, and have a separation of at least 2h (h of tallest exposed height of the 2 walls). The distance shall be measured from top of exposed face of the lower wall to base of exposed face of upper wall from face of wall to face of wall.
3. All retaining walls required to obtain a building permit shall be designed by an engineer licensed by the State of Utah. (Ord. 2024-1271-O, 9-17-2024)
10-15A-3: DEFINITIONS:
As used in this article, the following words and terms shall have the meanings ascribed to them in this section:
ROCK: | A natural solid mineral matter occurring in large masses or fragments. |
ROCKERY WALL: | A system of stacked rocks designed and constructed to retain soil or rock as either gravity retaining walls or mechanically stabilized earth (MSE) retaining walls, and includes rock faced slopes. |
SEGMENTAL BLOCK: | Manufactured, modular, concrete blocks that interlock with each other. |
SEGMENTAL BLOCK WALL: | A system of stacked modular block units designed and constructed to retain soil or rock as either gravity retaining walls or mechanically stabilized earth (MSE) retaining walls. (Ord. 2024-1271-O, 9-17-2024) |
10-15A-4: DOCUMENTS REQUIRED FOR PERMIT:
The following documentation shall be submitted to the County at the time of application for a permit under this article:
A. Dimensioned site plan that identifies the location, length and height of the retaining walls, structures located in front and behind the retaining wall (within a distance of three times the height of the retaining wall), property lines, easements, streets, and other rights-of-way. Existing construction-required setbacks, as noted below, and drainage features shall be clearly identified on the site plan.
B. Cross-sectional drawings of the retaining wall(s) including surface grade and structures located in front and behind the retaining wall, minimum rock/block size for each lift, maximum wall height, reinforcing, backfill specifications, wall and surface drainage details, minimum embedment, and wall batter.
C. A copy of the site-specific geotechnical recommendations for design and construction of retaining walls including subgrade preparation, backfill placement and compaction, and the engineering properties of anticipated construction materials. Documents should also include a reference to the source/geotechnical report for the data. (Ord. 2024-1271-O, 9-17-2024)
10-15A-5: SITE CONDITIONS:
The following specific site conditions shall be considered for each wall design and noted on the drawings submitted:
A. Site geometry including surface grades in front and behind the retaining walls, maximum retained height requirements, site access, structures located in front and behind the retaining walls, location of property lines and utility easements, and minimum set back requirements.
B. Anticipated construction parameters including wall type (i.e., rock, segmental block, gravity, and/or MSE options), anticipated surcharge loading conditions, wall batter, minimum keyway embedment, behind wall drainage, surface drainage, and future landscaping.
C. Soils information including anticipated subgrade soil and groundwater conditions, subgrade preparation requirements, suitability of on-site soils for use as backfill material, soil strength parameters for design of the retaining walls, and the presence of potential geologic hazards or construction constraints.
D. Maintenance and service access. (Ord. 2024-1271-O, 9-17-2024)
10-15A-6: CONSTRUCTION:
Rockery and segmental block wall construction including:
A. Height Limitations,
B. Terracing,
C. Setback Requirements,
D. Site Preparation,
E. Monitoring,
F. Fill Compaction and Testing,
G. Geogrid Reinforcement,
H. Rock Selection and Placement,
I. Segmental Retaining Wall Units,
J. Wall Drainage,
K. Surface Drainage,
L. Batter, and
M. Slopes
shall be constructed in accordance with the current Washington County, Utah Construction Design Standards. (Ord. 2024-1271-O, 9-17-2024)
10-15A-7: LIMITATIONS:
A. Height: The height of any single rockery and segmental block retaining wall shall not exceed maximum height requirements outlined in the current Washington County, Utah Construction Design Standards, or as limited by the International Building Code, foundation clearance from slopes, whichever is most restrictive.
Terracing of retaining walls is permitted where justified by topographic conditions, but the combined height of all walls shall not exceed maximum height requirements outlined in the current Washington County, Utah Construction Design Standards, or as limited by the International Building Code, foundation clearance from slopes, whichever is most restrictive.
Walls with a separation of at least 2h (h of tallest exposed height of the 2 walls), from face of wall to face of wall, shall be considered as separate walls for analysis purposes and applicability to this ordinance. If walls are within 2h, then the combined height of the terrace shall be used for limitations of height.
B. Alignment: Walls shall be in a continuous alignment. Any abrupt changes in direction shall be considered and noted in the design.
C. Terminations, Intersections, and Radii: Terminations, intersections, and radii of rockery and segmental Block Walls shall be included in the engineering analysis. (Ord. 2024-1271-O, 9-17-2024)
10-15A-8: SETBACKS:
A. Minimum Setbacks: The setback from rockery and segmental block walls to a building or structure shall meet all setback requirements as outlined in the International Building Code. Foundation setbacks from a rockery and segmental block wall shall be in accordance with the current Washington County, Utah Construction Design Standards (). The distance shall be measured from the outside of the foundation of the structure to the exposed face of the retaining wall. This provision applies to building or structures at the low and high side of the wall.
B. Terraced Rockery and Segmental Block Walls: Multiple rockery and segmental block walls, designed as terraced retaining walls, shall be separated a minimum distance in accordance with the current Washington County, Utah Construction Design Standards . The distance shall be measured from top of exposed face of the lower wall to base of exposed face of upper wall.
C. Utility and Drainage Easements: Rockery and segmental block walls shall not be constructed within utility or drainage easements without prior written permission in a form acceptable to the County from each affected utility and drainage provider. Notwithstanding any written permission, the County reserves the right to deny a permit for a wall within, or over, a utility or drainage easement. Rockery and segmental block walls shall be limited to a height of three feet (3') within the street-frontage utility or drainage easement.
D. Property Lines: The retaining wall shall be constructed on the property it is retaining. No retaining wall component shall extend beyond the property lines unless written permission is obtained from the affected property owner. Property lines may be located between (in the middle of) terraced retaining walls provided the walls are separated by a distance of at least 2h (h of tallest exposed height of the 2 walls), from face of wall to face of wall. (Ord. 2024-1271-O, 9-17-2024)
10-15A-9: STRUCTURAL ANALYSIS:
A. The structural analysis shall be in accordance with adopted building code of the jurisdiction having authority, the local amendment adopted by the authority having jurisdiction, and this article.
B. The Design Engineer shall indicate the design detail specific to the location and conditions with a professional stamp. The Design Engineer shall provide upon request a printout of the input and output of the files with factors of safety within the design standard used as follows:
1. Design calculations ensuring stability against overturning, base sliding, excessive foundation settlement, bearing capacity, internal shear, and global stability.
2. Calculations shall include analysis under static and seismic loads.
3. Rock walls shall be designed in general accordance with 2006 FHWA-CFL/TD-06-006 “Rockery Design and Construction Guidelines,” or current FHWA standard of care.
4. Mechanically Stabilized Earth (MSE) walls shall be designed in general accordance with current FHWA or AASHTO standards for design of Mechanically Stabilized Earth Walls and Reinforced Soil Slopes or the current National Concrete Masonry Association (NCMA) Design Manual for Segmental Retaining Walls.
C. Global stability analyses shall demonstrate minimum factors of safety of at least 1.50 under static conditions and at least 1.10 under seismic loading conditions as follows:
1. Factors of safety results shall be presented to the nearest hundredth.
2. Seismic loads shall be based on the Peak Ground Acceleration (PGA) as determined from probabilistic analysis for the maximum credible earthquake, with spectral acceleration factored for site conditions in accordance with the current International Building Code (IBC).
3. Upon request, the cross-sectional view of each analysis shall be provided, and the printout of the input and output files placed in an appendix.
D. The Design Engineer shall include wall drainage details, including a free draining gravel layer and filter fabric located behind the retaining wall with a drainpipe daylighting to a proper outlet. A synthetic drainage composite may be used behind segmental block walls if a materials specific shear testing is completed to determined friction properties between the backfill and synthetic drainage composite. A synthetic drainage composite shall not be used behind rock walls. If the engineering can substantiate proper filtering between the retained soils and the drain rock, then the filter fabric may be omitted. If the retained soils or backfill is free draining as substantiated through appropriate testing, then drainage material may be omitted from the design.
E. The Design Engineer shall acknowledge that the site is suitable for the retaining wall.
F. The Design Engineer’s shall specify an inspection frequency schedule on the drawings.
G. The following analysis provisions shall apply:
1. The maximum unit weight of the rocks and blocks used in the design of a wall system shall be one specific to the construction material used.
2. The maximum coefficient of friction between rocks/blocks in the wall system shall be specific to the construction material used.
3. Terraced walls shall be considered as a retaining wall system for design purposes, unless separated by a horizontal distance equal to or greater than 2h (h of tallest exposed height of the 2 walls) measured from top of exposed face of the lower wall to base of exposed face of upper wall.
4. Surcharge loading conditions within a horizontal distance equal to the height of the upper most wall shall be taken into consideration in the analysis. The distance shall be measured from exposed face of the upper most wall.
H. Specifications shall be provided to clearly define acceptance criteria for rock/block materials. (Ord. 2024-1271-O, 9-17-2024)
10-15A-10: MATERIALS:
Rock and block material shall meet the minimum requirements of the current Washington County, Utah Construction Design Standards unless other materials are specifically preapproved by the geotechnical engineer and County Representative. (Ord. 2024-1271-O, 9-17-2024)
10-15A-11: INSPECTIONS:
A. Qualified Geotechnical Engineer Required: Construction of rockery and segmental block walls shall be supervised and inspected by a qualified Geotechnical Engineer employed by the owner/contractor. Supervision and testing shall be at the frequency specified by the Design Engineer and shall include all phases of construction.
B. Final Compliance Report Required: Upon completion of the wall, the Geotechnical Engineer shall submit a final compliance report to the authority having jurisdiction. The report shall include a verification of the retaining wall, including type of rock/block utilized, size, placement, embedment depth, batter (inclination) of wall face, separations, and heights. The report shall provide a professional opinion as to the compliance with the design recommendations and acceptance of the construction. All pertinent compaction testing results shall be included with the final report.
C. Schedule Required: A schedule for the continuous or periodic supervision and inspection of construction shall be specified on the construction documents and all such supervision and inspection shall be verified in writing. (Ord. 2024-1271-O, 9-17-2024)
10-15B-1: PURPOSE:
Washington County recognizes landscape buffering and fencing are important components that contribute to County’s sense of place by:
A. Blending the built and natural environments to ensure the natural landscape remains the dominant feature of the region;
B. Preserving the natural landscape and ensuring the use of native plants and trees to retain the unique character of the region’s landscape;
C. Conserving water resources by using sustainable design and maintenance techniques and native and/or adapted plant species that are low water-users and regionally appropriate;
D. Realizing the environmental benefits of landscaping such as: storm water retention and infiltration, recharging groundwater, retaining soil moisture, preventing erosion, and mitigating air quality, water pollution, dust, noise, heat, and glare;
E. Improving the appearance of development to protect and enhance public and private investments and property values;
F. Establishing attractive streetscapes that contribute to the character and appearance of the region; and
G. Providing buffering and screening to minimize the visual impacts of some types of facilities, structures, storage, and equipment. (Ord. 2024-1271-O, 9-17-2024)
10-15B-2: SETBACK AREA DEFINED:
The term “front setback area” shall refer to the setback area (as required by this title) along any street frontage whatsoever, whether it is the front, side, or back yard of a property. (Ord. 2024-1271-O, 9-17-2024)
10-15B-3: INTERIOR LOT REQUIREMENTS:
A. Side And Rear Property Lines: On all interior lots, a fence, not to exceed six feet in height, may be erected along all side and rear property lines, but not in the front yard setback area.
B. Front Setback Area: In any front setback area, no wall, fence, or hedge shall exceed three feet in height.
C. Grade Difference: Where a fence, wall, or hedge is located along an interior property line separating two lots and there is a difference in grade of the two properties, the fence, wall, or hedge may be erected or allowed to the maximum height permitted on either side of the property line. However, in no case shall the fence height, including retaining walls or berms, exceed a maximum of ten feet on either side of the property line. Height shall be measured from the finished grade on either side of the fence. The fence may not be bermed for the purpose of increasing height. (Ord. 2024-1271-O, 9-17-2024)
10-15B-4: CORNER LOT REQUIREMENTS:
A. Height: On all corner lots, a fence, not to exceed six feet in height, may be erected along the rear and interior side lot line, but a sight obscuring fence or wall shall not be erected in the front yard setback area or the portion of the street side yard area that also falls in the front yard setback area. A fence, not to exceed six feet in height, may be erected along the portion of the street side yard that does not also fall in the front yard setback area and the 30' clear view triangle.
B. Clear View Triangle: In all zones requiring a front yard setback, no obstruction to view in excess of three feet in height shall be placed on any corner lot within a triangular area formed by the street property lines and a line connecting them at points 30' from the intersection of the property line.
C. Fence With Nonobstructing View: If permitted in the zone, a non-sight obscuring fence may be erected to a height of six feet in any yard abutting a street within the setback area. The non-sight obscuring fence in the setback area shall not be altered in any way with plants or other products that obstruct the clear view through the fence.
D. Exceptions To Corner Lot Requirements: Fences or walls erected along the property line separating two adjacent corner lots shall be allowed to extend beyond the building setback line out to the property line at a maximum height of six feet; provided, that the property line separating the two corner lots represents the rear or side property lines of both lots, and both structures on said lots front in opposite directions; and provided, that no driveway entrance is located within 30' of said fence, wall, or similar structure. (Ord. 2017-1095-O, 6-20-2017; amd. Ord. 2024-1271-O, 9-17-2024)
10-15B-5: FENCES ON PUBLIC RIGHT-OF-WAY:
No fence approved under this chapter shall be erected beyond the property line on the public right-of-way, without the approval of the Planning Commission. Approval of a fence on the public right-of-way shall be subject to the following conditions:
A. Right Of Removal: The County shall retain the right to remove any fence on the public right-of-way for any purpose it deems necessary. Removal shall be at the sole expense of the property owner.
B. Distance To Sidewalk Or Fire Hydrant 1 : No new fence shall be erected within one foot of an existing or future sidewalk, or within a five foot radius of a fire hydrant. (Ord. 2017-1095-O, 6-20-2017; amd. Ord. 2024-1271-O, 9-17-2024)
10-15B-6: FENCES FOR RECREATION USE:
A. Maximum Height: On rear or interior side property lines, a chainlink fence may be erected to a height of 12' for the purpose of enclosing a tennis court, pickle ball court, swimming pool, or other court game area. The fence may not be located within the setback area of yards abutting a front or street side yard.
B. Pools and Hot Tubs: An impassible fence, wall, barrier or structure as defined in the applicable building code, or as approved by the Planning Commission, shall be erected around all in-ground swimming pools, hot tubs, or other similar pools not otherwise enclosed or safety covered. Above-ground pools that are anchored to the ground, or with a decking or walking surface at or above the water level, shall meet the fencing requirements of an in-ground pool. Temporary or portable swimming and wading pools are not required to be fenced.
C. Ponds, Canals, Ditches: Fences of a minimum of six feet in height shall be erected around all ponds, canals or ditches, where, in the opinion of the Planning Commission, there is determined to be a potential hazard to the health and safety of surrounding areas. (Ord. 2024-1271-O, 9-17-2024)
10-15B-7: FENCES REQUIRED IN CERTAIN AREAS:
In all commercial, industrial, manufacturing, multiple-family, or planned development zones (other than a single-family or two-family residential PD), having a common lot line with a Single-Family, Two-Family, or Townhouse Residential Development, a six foot high sight obscuring fence shall be erected along the zone boundary line. Said fence shall be reduced to three feet in height inside the front yard setback area. As an alternative, there may be a ten foot wide planting strip, or any combination of landscape buffering and fencing, which, in the opinion of the Planning Commission, adequately protects the adjoining residential property. (Ord. 2017-1095-O, 6-20-2017; amd. Ord. 2024-1271-O, 9-17-2024)
10-15B-8: FENCES SURROUNDING DEVELOPMENTS:
Fences surrounding developments having no individual lot frontage such as in RV parks, subdivisions on limited access streets and planned developments larger than one acre in size, may have a solid fence in the front setback area to a height of six feet, except that such fence shall be reduced to three feet at driveway entrances in the same manner as required for intersections in county ordinances or Construction Design Standards. (Ord. 2017-1095-O, 6-20-2017; amd. Ord. 2024-1271-O, 9-17-2024)
10-15B-9: BARBED WIRE:
Barbed wire, razor ribbon, or similar fencing material is prohibited in all zones except agricultural zones, or other zones or properties, where there is the keeping of large livestock animals. The use of the above named wires shall conform to the following restrictions:
A. It shall be pulled straight not rolled or coiled.
B. If installed on top of a fence or wall, it shall not exceed a total height of seven feet. (Ord. 2017-1095-O, 6-20-2017; amd. Ord. 2024-1271-O, 9-17-2024)
10-15B-10: FENCES NOT OTHERWISE IDENTIFIED:
The Planning Commission shall review all requests for any type of fence not specifically identified in this chapter and may approve said fence if, in the opinion of the Planning Commission, the fence does not impair the intent and purpose of this title. (Ord. 2024-1271-O, 9-17-2024)
10-15B-11: LANDSCAPE AND BERMING:
A. Frontage Landscaping: Except in Single-Family Residential and Open Spaces zoning districts, a landscape area shall be established along all streets between the public right-of-way and any buildings, parking lots, loading areas, storage areas, screening walls or fences, or other improvements in association with any use. Any area within a required front and exterior side setback area that is not occupied by improvements associated with the primary use shall be landscaped.
B. Parking Lot Screening Adjacent to a Street Frontage: Off-street parking areas in multiple-family residential, mixed-use planned development, and commercial development projects shall be screened from all frontages facing a public or private right-of-way, exclusive of driveways, according to the following standards:
1. A landscape buffer a minimum of eight feet in width; or
2. A landscaped earthen berm a minimum of three feet in height with a slope no greater than 3:1 (see Figure 15-1); or
Figure 15-1: Landscaped Berm used for Parking Area Screening
3. An opaque decorative wall a minimum of three feet in height with openings six to eight feet wide to allow passage of bicycles and pedestrians from the street into the parking area (see Figure 15-2); or
Figure 15-2: Wall used for Parking Area Screening
4. Any combination of the above screening treatments.
C. Landscaping in a Public Right-of-Way. Prior to the installation of landscaping within the public right-of-way, an encroachment permit from the appropriate public authority owning or controlling such right-of-way shall be submitted with the landscape plan. Maintenance, including weed control, of landscaping installed within the public right-of-way shall be the responsibility of the installer/owner or lessee/contractor.
D. Parking Lot Landscaping: Landscaping is required to reduce the visual impacts created by parking areas in multiple-family residential, mixed-use, and commercial development projects.
E. Parking Lot Screening Adjacent to a Residential Zoning District: Off-street parking areas in mixed-use, commercial, and industrial development projects that are located adjacent to properties with single-family residential or duplex dwelling uses shall be screened according to the following standards:
1. A landscape buffer a minimum of 10 feet in width, measured inward from the property line on all sides of the property abutting the single-family or two-family dwelling use; or
2. A solid wall or fence no less than six feet in height.
F. Parking Lot Landscape Islands: Landscaped islands shall be included to break up parking rows. The interior area of parking lots shall be landscaped according to the following standards:
1. Number of Landscape Islands Required: A minimum of 10 percent of the site area devoted to parking shall consist of landscaped islands; provided, however, that if permeable paving is used in all parking spaces, the minimum landscaped islands percentage may be reduced to five percent.
G. Landscape Island Size and Location Requirements:
1. Landscape islands shall be sufficient size to accommodate required landscaping. No landscaped island shall be less than eight feet in length or width and a minimum of 50 square feet.
2. Landscape islands shall be provided in parking areas along the ends of parking rows, adjacent to lot lines, and used to define the location and pattern of primary internal access drives.
H. Landscape Island Planting and Tree Requirements:
1. Exclusive of perimeter landscaping and street trees, landscape islands shall each contain a minimum of one tree and three shrubs per 400 square feet.
2. A minimum of 75 percent of the required parking area trees shall be a canopy-type shade trees.
I. Exemptions: Properties that meet the following criteria shall be exempt from the landscape island requirements:
1. The parking lot is located in a rear setback area and contains 20 or fewer spaces, and is located behind or otherwise screened by a building from view from the public right-of-way; or
2. Agritourism Development.
J. Minimum Rear and Side Lot Buffers Required:
1. Where Required: To mitigate the impacts of significant differences in property use, size, or scale, landscaped buffers shall be provided along rear and side lot lines on multiple-family or nonresidential properties where such uses abut:
a. A single-family residential zoning district; or
b. A property containing a single-family residential dwelling or two-family dwelling.
K. Exemptions:
1. Rear and side lot buffers are not required between properties that are separated by a street or formal drainageway.
2. The sidewalk, walkway, multi-use path, vehicle access, or other areas with structured improvements, allowing access from one property to another, are not required to have the buffer area improvements.
3. Rear and side lot buffers are not required along any portion of the lot line covered by an access easement (e.g., vehicular connections, pedestrian walkways, etc.). In these cases, an equivalent amount of landscaping shall be installed on remaining portions of the side or rear lot lines, as applicable.
L. Buffer Options: Required side and rear buffers shall conform to one or a combination of the following options:
1. A landscape buffer with spacing designed to minimize sound, light, and noise impacts on adjacent properties; or
2. A solid wall or fence no less than six feet in height, with the side of the fence or wall facing the residential development being at least as finished in appearance as the side facing the nonresidential use, and with both sides complying with Code requirements; or
M. Landscape Area Use and Maintenance:
1. Landscape Area Use:
a. Parking: Parking of automobiles, trucks, trailers, boats, recreational vehicles, or other motor vehicles is not allowed on any required landscape or buffer area.
b. Structures and Fixtures Features Allowed in Landscaped Area: The following structures and fixtures may be included in a required landscape or buffer area, in addition to the required landscaping:
(1) Street furniture (e.g., benches, bike racks, seating and dining areas);
(2) Hardscape (e.g., brick pavers, scored concrete); and
(3) Structures to protect trees (e.g., tree grates and curbs).
N. Installation: Prior to the issuance of a certificate of occupancy, the applicant shall:
1. Satisfactorily pass a site inspection by the County that verifies the development site complies with the standards in this Section; or
2. Provide an improvement completion assurance acceptable to the County and equal to 100 percent of the total cost of landscaping improvements in accordance with a written estimate, prepared by a landscape architect or other landscape designer, based on the approved landscaping plan.
O. Landscape Irrigation: All required landscaped areas shall be provided with a permanent and adequate means of underground irrigation.
P. Landscape Maintenance: It shall be the responsibility of the owner, lessee, heirs, assigns, agent, property owners association or other liable entity of the property to permanently maintain all approved landscaping in accordance with the approved landscape plan.
1. Required maintenance shall include regular watering, pruning, mowing, fertilizing, clearing of debris and weeds, removal and replacement of dead plants and repair and replacement of irrigation systems and architectural features.
2. Any required plant materials not surviving shall be replaced with plants of the same size, variety, and quality as those removed within 30 days of their demise or in the next planting period. This requirement may be waived by the County if the remaining landscaping on site satisfies the minimum landscaping requirements.
3. Failure to maintain approved landscaping shall constitute a violation of this code.
4. Maintenance of landscaping within the public right-of-way shall be included in accordance with the terms of encroachment permits authorizing such landscaping.
5. Vegetation shall be selected, placed, and maintained, so that at maturity it does not interfere with sidewalks, pavement, utility lines, buildings, traffic sight lines, vehicular parking, pedestrian circulation, or property rights of adjacent owners. (Ord. 2024-1271-O, 9-17-2024)
10-15C-1: PURPOSE:
The purpose of the Washington County Outdoor Lighting Ordinance is to protect and promote the public health, safety and welfare, the quality of life, and the ability to view celestial objects and events by establishing minimum regulations and review of outdoor lighting. This chapter establishes standards for outdoor lighting to accomplish the following:
A. To protect against excessive lighting, glare, and light trespass onto the property of adjacent landowners.
B. To provide safe roadways for motorists, cyclists, and pedestrians.
C. To preserve residents’ quality of life while encouraging tourism and related commercial development by protecting the night sky.
D. To promote safety and security by ensuring efficient and sufficient lighting.
E. To allow for flexibility in the style of lighting fixtures with minimum standards.
F. To aid property owners and occupants in bringing nonconforming lighting into conformance with this chapter over time.
G. To work with other jurisdictions within Washington County to meet the purposes of this chapter. (Ord. 2024-1271-O, 9-17-2024)
10-15C-2: GENERAL PROVISIONS:
The general outdoor lighting provisions in chapter 15C, sections 1, 2, 3, 6, 8, 9, and 11 apply to all zones and areas in the County. The specific outdoor lighting provisions in chapter 15C, sections 4, 5, 7, and 10, shall apply only to property in the following zones and areas: (1) the New Harmony Valley Overlay Zone (NHVOZ), (2) the Pine Valley Overlay Zone (PVOZ), (3) the Scenic Byway Overlay Zone (SBOZ), and (4) the Kolob Area as defined in the Washington County General Plan (“designated zoning districts”).
All exterior lighting installed after the effective date hereof in all zones and areas in the County shall be in conformance with the requirements established by the Washington County Outdoor Lighting Ordinance. All existing lighting installed prior to the effective date hereof in the designated zoning districts in the County shall be addressed as follows:
A. All outdoor lighting that does not meet the requirements of this chapter, and is not otherwise exempt, shall be considered legal nonconforming or part of a legal nonconforming structure and shall be subject to an amortization schedule outlined in Section 10-15C-10.
B. Outdoor lighting impacts shall be confined to the property boundary of the light source for the specific owner or applicant.
1. No artificial light source shall project direct light into the nighttime sky.
2. No artificial light source shall be placed in a location, angle, or height that creates light trespass.
3. Flickering, flashing, blinking, strobing, or fading lights are prohibited.
4. If there are other Outdoor Lighting Provisions in our code which are more restrictive, they control; if there are less restrictive provisions, then this chapter controls. (Ord. 2024-1271-O, 9-17-2024)
10-15C-3: DEFINITIONS:
For the purposes of this chapter, the following definitions apply:
ACCENT OR ARCHITECTURAL LIGHTING: | Lighting of building surfaces, landscape features, statues, and similar items for the purpose of decoration, ornamentation, creation of visual hierarchy, sense of liveliness, or other purpose unrelated to safety, business operation, or essential lighting function. |
BACKLIGHT: | All the light emanating behind a luminaire. |
BUG RATING: | Backlight, uplight, and glare rating, which exists on a scale of zero to five and may be used to describe luminaire optical performance in regard to light trespass, sky glow, and high angle brightness control. |
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CORRELATED COLOR TEMPERATURE (CCT): | A specification of the color appearance of the light emitted by a lamp, relating its color to the color of light from a reference source when heated to a particular temperature, measured in kelvins (K). The CCT rating for a lamp is a general “warmth” or “coolness” measure of its appearance. Lamps with a CCT rating below 3,000 K are usually considered “warm” sources, while those with a CCT above 3,000 K are usually considered “cool” in appearance. |
DIRECT ILLUMINATION: | The area of intentional illumination emanating from a fixture generally formulated by shielding depth, illumination width, distance, and angle of illumination field, respective to the height and location of the illumination source, in context of property location and grade. This illumination pattern is typically represented by the high intensity cone of light 10% or greater, emanating and expanding outward from the illumination source. This area is in contrast to the area outside of this high intensity cone, separately defined as light spill. Direct illumination shall be generally interpreted utilizing this formulation by the Community Development director or his designee. |
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Direct Illumination Formulation | |
FLOODLIGHT: | A fixture or bulb designed to “flood” an area with light. A specific form of bulb or fixture designed to direct its output in a specific direction. Such bulbs are often designated by the manufacturer and are commonly used in residential outdoor lighting. |
FULLY SHIELDED FIXTURE: | An outdoor light fixture constructed and mounted, so the installed fixture emits no light above the horizontal plane. Where a light manufacturer provides a BUG rating, the uplight rating (U) must equal zero. Fully shielded light fixtures shall have its top and sides made of completely opaque material, so light only escapes through the bottom of the fixture. Fixtures with translucent or transparent sides, or sides with perforations or slits, do not qualify as fully shielded. Any glass or diffuser on the bottom of the fixture must be flush with the fixture (no drop lenses). Surrounding structures, like canopies, eaves, and patio covers, are not to be considered when determining if the fixture is fully shielded. Fully shielded fixtures must be appropriately mounted, so the shielding prevents light from escaping above the horizontal plane, and all light is directed downward. |
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Examples of fully shielded light fixtures | |
GLARE: | The visual sensation caused by excessive brightness and which causes annoyance, discomfort, or a disability loss in visual performance or visibility. |
INTERNALLY ILLUMINATED: | As it relates to signs, means any sign which has a light source entirely enclosed within the sign and not directly visible to the eye. |
LIGHT POLLUTION: | Any adverse effect of manmade light. Often used to denote “skyglow” from developed areas, but also includes glare, light trespass, visual clutter, and other adverse effects of lighting. |
LIGHT SOURCE: | The part of a lighting fixture that produces light, e.g., the bulb, lamp, or chips on board (CoB). |
LIGHT TRESPASS: | Direct illumination that falls beyond the boundaries of the property where it originates. |
LUMEN: | A unit of luminous flux equal to the light emitted by a uniform point source of one candle intensity. Lumens refers to the amount of light emitted by a bulb (more lumens equate to brighter light). |
MANUFACTURER’S CATALOG CUTS: | A publication or other printed material of a bulb or lighting manufacturer offering visual and technical information about a lighting fixture or bulb. |
OUTDOOR LIGHT FIXTURE: | A complete lighting unit consisting of a lamp(s) and ballast(s) (when applicable), together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply. Also known as a luminaire, or simply as a fixture. |
RECREATIONAL LIGHTING: | Lighting used to illuminate sports fields, ball courts, playgrounds, or similar outdoor recreational facilities. |
SAFETY LIGHTING: | The minimum amount of lighting required by the Building Official or Zoning Administrator for the purpose of safety, as required or prescribed by standards and regulations specific to the application review. Examples include lighting for ingress/egress, doorways, pathways, and driveways. |
SKYGLOW: | The brightening of the nighttime sky resulting from the scattering and reflection of artificial light by moisture and dust particles in the atmosphere. Skyglow is caused by light directed or reflected upwards or sideways and reduces one’s ability to view the nighttime sky. |
SPILL, LIGHT: | Illumination that reaches beyond the outside of the direct illumination area. |
SPOTLIGHT: | A fixture or bulb designed to light a small area very brightly. See definition of FLOODLIGHT. |
TEMPORARY LIGHTING: | Lighting of a non-permanent nature, not required for or qualifying as safety lighting, which plugs into an outlet and is not hard wired. |
TEMPORARY STRING LIGHTING: | Lighting of a non-permanent nature, not required for or qualifying as safety lighting, which plugs into an outlet and is not hard wired. Description and qualification of temporary string lighting includes, but is not limited to, ambient, string, café, or bistro lighting as determined by the Zoning Administrator. |
TOTAL, LIGHT: | The sum of shielded and unshielded light. |
TOTAL OUTDOOR LIGHT OUTPUT: | The total amount of light, measured in lumens, from all installed outdoor light fixtures on a property, using each manufacturer’s initial rated lumen output. |
TOWER: | Any monopole, antenna, or the like that exceeds 18 feet in height. |
UNSHIELDED FIXTURE: | A fixture that has insufficient shielding to prevent light emission above the horizontal. |
UPLIGHT: | All the light emanating above the horizontal plane of a luminaire. |
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Examples of unshielded light fixtures | |
(Ord. 2024-127 1-O, 9-17-202 4)
10-15C-4: SHIELDING AND TRESPASS (IN DESIGNATED ZONING DISTRICTS):
A. Unless specifically exempted, all permanent and temporary outdoor lighting in designated zoning districts shall use fully shielded fixtures and shall be installed so light is directed downward with no light emitted above the horizontal plane of the fixture. Where a light manufacturer provides a BUG rating, the uplight rating (U) must equal zero.
B. All light fixtures shall be aimed and shielded so the direct illumination is confined within the boundaries of the property from which it originates. Lighting shall not be aimed onto adjacent properties, except in cases of shared parking, shared pedestrian pathways, or coordinated development sites spanning multiple parcels, if approved by the Community Development director or designee.
C. Light trespass onto the adjacent public right-of-way may be permitted subject to approval of the Community Development director or designee.
D. Floodlights, spot lights, uplights, and unshielded fixtures are prohibited, unless exempt. The resulting glare, light pollution, and light trespass is prohibited.
E. Lights controlled by motion sensors shall not be triggered by movement or activity located off the property on which the light is located. The motion sensor shall be set to turn off the artificial light source within ten minutes of the last detected motion. (Ord. 2024-1271-O, 9-17-2024)
10-15C-5: TOTAL LIGHT OUTPUT (IN DESIGNATED ZONING DISTRICTS):
A. For commercial developments in the C-1, C-2, and C-3 zones in designated zoning districts, the total outdoor light output shall not exceed 50,000 lumens per developed acre. Such developments shall be permitted a minimum of 5,000 lumens regardless of parcel size.
B. For developments in the A-5, A-10, A-20, NHOZ, PVOZ, SBOZ, PDC, PD-STR, zones, for mixed-use commercial, village commercial, agritourism, multiple-family developments in designated zoning districts, the total outdoor light output of any such development shall not exceed 20,000 lumens per net acre. Such developments shall be permitted a minimum of 5,000 lumens regardless of parcel size.
C. For residential development of single-family and ADUs in designated zoning districts, the total outdoor light output shall not exceed 10,000 lumens for parcels 40,000 sq. ft. or larger. Parcels smaller than 40,000 sq. ft. shall be permitted 5,000 lumens.
D. Residential units used for transient, short term, or overnight accommodation, or other commercial uses, shall comply with the residential standards for total light output.
E. Unshielded lighting shall not be permitted unless expressly exempt, and if it is permitted, it shall be incorporated into the total outdoor light output calculation.
1. Total outdoor light output exceptions:
a. Streetlights used for the express purpose of illumination of public right-of-way are excluded from total outdoor light output calculations.
F. A property may exceed the total light output limits if 100 percent of the proposed lighting is comprised of the minimum, qualifying, and required safety lighting; given the fixture lumens are the minimum required to meet safety illumination standards. No additional lighting, or non-qualifying safety lighting, may be proposed beyond the required safety lighting, if that required safety lighting meets or exceeds one hundred percent of the total light output calculation. (Ord. 2024-1271-O, 9-17-2024)
10-15C-6: LIGHTING HOURS (ALL ZONES AND AREAS):
A. Commercial establishments shall turn off all customer-facing outdoor lighting one hour after the close of business, and it shall remain off until the business opens, except for the following:
1. Commercial establishments located in C-1, C-2, C-3 and PDC zones may leave all compliant outdoor lighting on until 10:00 p.m. or until one hour after the close of business if the business closes after 10:00 p.m.
2. Compliant lighting to illuminate the entrance to the commercial establishment.
3. Compliant parking lot and pathway lighting required for the safety of guests or customers.
4. Lighting for deliveries or other business operations after the close of business.
B. Recreational lighting (residential and commercial) shall be turned off by 10:00 p.m. except to conclude an event that is underway.
C. All legal, nonconforming lighting on residential properties shall be turned off by 10:00 p.m. unless exempt.
D. Commercial establishments located in C-1, C-2, C-3 and PDC zones shall turn off all illuminated signage by 10:00 p.m., or one hour after close of business and remain off until the business opens. All other commercial establishments shall turn off all illuminated signage one hour after the business closes and shall remain off until the business opens. (Ord. 2024-1271-O, 9-17-2024)
10-15C-7: LIGHTING COLOR (IN DESIGNATED ZONING DISTRICTS):
All outdoor lighting shall utilize light sources with correlated color temperature not to exceed 3,000 K.
(Ord. 2024-1271-O, 9-17-2024)
10-15C-8: SPECIAL OUTDOOR LIGHTING AND STANDARDS (ALL ZONES AND AREAS):
A. Roadway and streetlights are prohibited unless recommended by the County Engineer or required by UDOT to provide for the safety of the public. All streetlights shall utilize the lowest illuminance levels acceptable to the County Engineer and/or UDOT.
B. The overall height of any light post or tower used to illuminate parking lots shall not exceed 18 feet.
C. Outdoor recreation areas, athletic fields, or equestrian or agriculture facilities at public and privately owned facilities may use illumination to light the surface of play or use, viewing stands, and pathways for the safety of the user that is not in strict conformance with the shielding and light color provisions of the Washington County Outdoor Lighting Ordinance. The following standards shall apply to outdoor recreation area, athletic field lighting, or equestrian or agriculture facilities:
1. The facility shall extinguish lighting exempted by this chapter no later than one hour after the end of play or use.
2. The facility lighting shall have timers that automatically extinguish lighting to ensure lights are not left on when the facilities are not in use.
D. Outdoor public and private event venues may use illumination to light the performance area that is not in strict conformance with the shielding and lighting color provisions of the Washington County Outdoor Lighting Ordinance. The following standards apply to all event lighting:
1. Lighting used to illuminate the performance area must be either directed spotlighting or fully shielded lighting. If directed spotlighting, the light source shall be located and designed to minimize its visibility beyond the property boundaries.
2. Lighting used to illuminate the performance area shall only be turned on during events.
3. Lighting used to illuminate the seating areas, pathways, and other areas of the venue shall meet all standards of this chapter.
E. All illuminated signs shall comply with the standards of Section 10-15C-11. (Ord. 2024-1271-O, 9-17-2024)
10-15C-9: APPLICATION AND REVIEW PROCEDURES (ALL ZONES AND AREAS):
A. Lighting Plan: All sign permit applications, subdivision applications, site plan applications, building permit applications, and other development review applications within any zoning district shall include a lighting plan containing evidence that the proposed project complies with this chapter. Lighting plans shall include the following:
1. Plans or drawings indicating the proposed location of lighting fixtures, height of lighting fixtures, and type of illumination devices. Plans shall also include information about lamps, supports, shielding, and reflectors used, as well as installation and electrical details.
2. Illustrations (i.e. manufacturer’s catalog cuts) of all proposed lighting fixtures.
3. For commercial uses, photometric diagrams of proposed lighting fixtures are also required. In the event photometric diagrams are not available, the applicant must provide sufficient information regarding the light fixture, bulb wattage, and shielding mechanisms for the Planning Commission to be able to determine compliance with the provisions of this chapter.
4. A table showing the total amount of proposed exterior lights, by fixture type, wattage, lumens, and lamp type, for the purpose of calculating total outdoor lighting output and lumens per developed acre.
B. Approval Procedure: The lighting plan for all new development shall be submitted for approval concurrent with the associated application process.
C. Exemptions:
1. The following are exemptions from shielding and trespass requirements only (in all zoning districts);
a. The lighting of federal or state flags; provided that the light is a narrow beam aimed to illuminate only the flag.
b. Temporary string lighting;
c. Temporary string lighting, unless fully shielded, shall adhere to the lighting hours stated in Section 10-15C-6.
d. Temporary string lighting shall not flash, blink, fade, or strobe.
3. The following are exemptions from general Washington County Outdoor Lighting Ordinance (in all zones and areas):
a. Traffic control signals and traffic safety devices.
b. Emergency and safety lighting by Emergency Services. Searchlights, floodlights, laser source lights, strobe or flashing lights, or any similar high intensity lights are permitted when used in emergencies by police, fire, medical, and/or utility personnel or at their direction.
c. Permanent residential outdoor lighting intended as decoration from a low-output light source with an output equal to or less than 105 lumens.
d. Lighting required by the Federal Aviation Administration or the Federal Communications Commission.
e. Special events that have been issued a permit pursuant to Special Event County Ord. 3-3-3, shall be allowed temporary lighting for the duration of the event, provided such lighting does not create glare to motorists and complies with lighting hours, unless specifically outlined and approved within the event permitting.
f. Pathway lights less than 18 inches in height are exempt from the fully shielded fixture requirement, if the total light output from each pathway light is less than 300 lumens. The fixture shall have a top that is opaque such that no light is directed upwards.
g. Decorative porch lights on single family dwellings. (Ord. 2024-1271-O, 9-17-2024)
10-15C-10: AMORTIZATION AND ENFORCEMENT OF NONCONFORMING OUTDOOR LIGHTING (IN DESIGNATED ZONING DISTRICTS):
A. If an existing nonconforming light breaks, replace with a fixture which complies with this chapter. Reasonable exceptions will be made by the Community Development Director or designee to allow replacement with a nonconforming fixture when it will match other nonconforming fixtures on the same site.
B. Violation and enforcement shall be process as outlined in Title 10.
(Ord. 2024-1271-O, 9-17-2024)
10-15C-11: SIGNS PERMITTED ILLUMINATION (ALL ZONES AND AREAS):
For all zones and areas in the County, signs may be unlighted, lighted externally, lighted internally, or backlit. All sign lighting must be designed, directed, and shielded in such a manner that the light source is not visible beyond the property boundaries where the sign is located. The lighting for signs must be directed such that only the sign face is illuminated. All lighted signs must have stationery and constant lighting. All sign lighting is included in the calculation of total light output for a property. All illuminated signs must conform to the lighting hours detailed in Section 10-15B-6.
A. Standards for externally illuminated signs.
1. Lighting for externally illuminated signs must be aimed and shielded so that light is directed only onto the sign face and does not trespass onto adjacent streets, roads, or properties or into the night sky.
2. Lighting for externally illuminated signs must be mounted at the top of the sign or within two feet of the top of a wall mounted sign.
3. Lighting shall consist of no more than four individual fixtures (or lamps) per sign face and produce a maximum of 40,000 lumens per fixture.
4. All sign lighting shall be included in the calculation of total light output.
B. Standards for internally illuminated signs.
1. Only sign text areas and logos may be illuminated on an internally illuminated sign.
2. Internally illuminated signs shall use translucent materials for sign text and logos such that the light emanating from the sign is diffused. Transparent or clear materials are not allowed for sign text and logos. Non-text portions of the sign (e.g., background and graphics other than the logo) shall be made of opaque material.
C. Standards for backlit signs.
1. The light source shall not be visible.
2. Backlit signs shall only allow indirect illumination to emanate from the sign. For example, signs that create a “halo” effect around sign copy are allowed.
D. Standards for Illuminated window signs.
1. Businesses may display a maximum of two illuminated window signs positioned to be primarily visible outside the business structure.
2. Illuminated window signs shall not exceed four square feet in area.
3. Illuminated window signs shall not be illuminated when the business is closed.
(Ord. 2024 -1271-O, 9-17-2024)