The purpose of this Chapter is to provide for safe, orderly and beneficial development of areas characterized by development hazards and valuable natural conditions shown on the Official Critical Lands Maps; to limit alteration and to reduce encroachment upon such areas. Critical Land conditions include, but are not limited to the following:

   A.   Floodplain Corridor Lands.

   B.   Riparian Preservation Lands.

   C.   Erosive and Slope Failure Lands.

   D.   Wildfire Threats.

   E.   Severe Constraint Lands.

   F.   Agricultural lands.

   G.   Essential Views.

   H.   Wetlands.

   I.   Wildlife Habitat.

   J.   Development proximate to canals.

   K.   Valuable Physical Characteristics of Wellsville as defined in the Wellsville General Plan. (Ord. 2019-04, 10-16-2019)

The type of regulation applicable to the land depends upon the classification in which the land is placed, as provided in Section 10-34-4. If those regulations conflict with other regulations of Title 10 of the City Code - Land Use Regulations, the more stringent of the regulations shall govern. (Ord. 2019-04, 10-16-2019)

   A.   A Critical Lands Review is required for any development, proposed on a site within or including lands defined in Section 10-34-4 as Critical Lands, and identified as Floodplain Corridor Land, Riparian Preserve, Erosive and Slope Failure land, or Severe Constraint land.

   B.   If the proposed development is required to obtain a Design Review Permit, Conditional Use Permit, subdivision, or other regulatory process, the review shall be conducted simultaneously with the regulatory process and no additional fee shall be charged.

   C.   If a development is exclusive of any other regulatory process, as noted in Section 10-34-3 B, then the Critical Lands Review shall be processed by the Planning Commission.

   D.   Information Required: The following information shall be required for any development requiring a Critical Lands Review:

      1.   A site plan containing the following:

         a.   Project name, and name of the developer.

         b.   Vicinity map.

         c.   Scale 1"=50' or larger (the scale shall be at least one inch equals fifty feet).

         d.   North arrow.

         e.   Date of submittal.

         f.   Street names and locations of all existing and proposed streets within or on the boundary of the proposed development.

         g.   Lot layout with dimensions for all lot lines.

         h.   Location and use of all proposed and existing buildings, fences and structures within the proposed development. Indicate which buildings are to remain and which are to be removed.

         i.   Location and size of all public utilities within the proposed development.

         j.   Location of drainage ways or public utility easements in and adjacent to the proposed development.

         k.   A topographic map of the site at a contour interval of two feet or less.

         l.   Location of all parking areas and spaces, ingress and egress on the site, and onsite circulation.

         m.   Locations of all existing natural features including, but not limited to, all trees of a caliper greater than six inches (6"); natural drainages or creeks on the site, and outcroppings of rocks, boulders, etc. In forested areas, it is necessary to identify only those trees which will be affected or removed by the proposed development. Indicate any contemplated modifications to a natural feature.

         n.   The proposed method of erosion control, water runoff control, and tree protection for the development.

         o.   Building envelopes for all existing and proposed new parcels that contain only buildable area, as defined by this Chapter.

         p.   If the applicant desires to challenge the extent or classification of any critical lands within the applicant's property a technical report may be submitted with the application that is prepared by an appropriately qualified professional providing technical data to justify a modification to critical lands.

      2.   Additional plans and studies as required in Sections 10-34-6, 10-34-7, 10-34-8 and 10-34-10 of this Chapter.

   E.   Criteria For Approval: A Critical Lands Review shall be permitted when the Applicant demonstrates the following:

      1.   That the development will not cause damage or hazard to persons or property upon or adjacent to the area of development.

      2.   That the development is in compliance with the requirements of this chapter and all other applicable requirement of the City Code.

   F.   The Planning Commission has the authority to require amendment of the plans to include any or all of the following conditions if it is deemed necessary to mitigate any potential negative impact caused by the development:

      1.   Require the retention of trees, rocks, ponds, watercourses, highly productive agricultural lands, and other natural features.

      2.   Require plan revision or modification to mitigate possible negative or irreversible effect upon the topography, or natural features that the proposed development may cause.

      3.   Avoid land possessing hazardous conditions adverse to public health, welfare and safety.

   G.   The Planning Commission may deny the Critical Lands Permit if, in its opinion:

      1.   The proposed development will have a detrimental effect on the lands regulated and protected by this Chapter.

      2.   Where it appears that the proposal is part of a more extensive development that would require a master site plan, or other action and/or approval, the Planning Commission may decide to post-poned any action until a complete application has been submitted. (Ord. 2019-04, 10-16-2019)

The following factors shall be used to determine the classifications of various lands and their constraints to building and development of certain lands:

   A.   Floodplain Corridor Lands: Lands with potential stream flow and flood hazards. The following lands are classified as Floodplain Corridor lands:

      1.   All land contained within the one hundred (100)-year floodplain as defined by the Federal Emergency Management Agency.

      2.   All land within the area defined as Floodplain Corridor land in maps adopted by the City as provided for in Section 10-34-5.

      3.   All lands which have physical or historical evidence of flooding in the historical past.

      4.   All areas within thirty feet (horizontal distance) of any river, creek, or stream as required by the State of Utah, Division of Water Quality.

   B.   Riparian Preservation Areas: The lands shown on the official maps as Riparian Areas are identified as seventy five feet (75') from the stream centerline for streams draining a basin of greater than one (1) square mile, and twenty five feet (25') from streams that drain areas of one square mile or less. It also includes any areas identified as wetlands or riparian in a Federal 404 Permit Process.

   C.   Erosive And Slope Failure Lands: Lands with potential erosion hazards, erosive lands, slope failure potential, and debris flow hazards are lands that are subject to damage from erosion and slope failure or defined as erosion and slope failure lands on the Critical Lands map and have a slope of fifteen percent (15%) or greater. Areas above and below canals on slopes greater that ten percent (10%) are also considered to have high erosive and slope failure potential.

   D.   Wildfire Lands: Lands with potential of wildfire, as defined on the Critical Lands map.

   E.   Severe Constraint Lands: Lands with severe development limitations which generally limit normal development. The following lands are classified as Severe Constraint Lands:

      1.   All areas which are within the floodway channels.

      2.   All lands with a slope greater than twenty percent (20%).

      3.   All lands within drainage ways with a watershed large enough to produce flooding conditions with potential to create property damage or threat to life.

   F.   Agricultural Land: Land as mapped by the State of Utah as Agricultural land of National or State Importance and as mapped and shown on the Critical Lands maps.

   G.   Essential Views: View corridors, view foregrounds, and view backdrops that are a value to the citizens of Wellsville and as define on the Essential Views map.

   H.   Classifications Cumulative: The above classifications are cumulative in their effect and, if a parcel of land falls under two (2) or more classifications, it shall be subject to the regulations of each classification. Those restrictions applied shall pertain only to those portions of the land being developed and not necessarily to the whole parcel. (Ord. 2019-04, 10-16-2019; amd. Ord. 2021-04, 5-19-2021)

   A.   The City shall adopt official critical lands maps denoting the above identified areas. The source of data will be available and current GIS data from federal and state agencies. Any mapping not available from these sources will be produced by the City from the best technical data available. Property owners may submit additional engineered data to modify city mapping if approved by the City. Substantial amendments of these maps shall require amendment procedures as required herein.

   B.   The city will endeavor to complete the critical lands maps as resources become available. Basic critical lands maps are provided in the General Plan as a guide to the City and to Developers. Until new maps are produced and adopted the method used to identify critical lands shall be as specified in Section 10-34-5 item 4. Developers shall use these maps and other publicly available resource maps to determine which critical lands are affected by the proposed development. The Planning Commission may require additional studies by the developer if it judges that additional critical lands are involved.

   C.   Minor amendments of the maps to correct mapping errors when the amendments are intended to reflect more accurately the mapping criteria contained in this chapter or in the findings of the Council in adopting an official map may be processed following the minor map amendment procedure contained in this ordinance.

   D.   Map As Reference To Text:

      1.   The text provisions of this ordinance shall be used to determine whether applications to allow development in Critical Lands are subject to the requirements of this chapter.

      2.   Applicants are required to provide the decision makers with a delineation of the Critical Lands on the subject property as part of the application. An application shall not be considered complete until this delineation is submitted.

      3.   An applicant may identify and delineate Critical Lands by gathering and reviewing information other than the Critical Lands Map, such as FEMA maps, aerial photographs, Section 10-34-3 permit delineation, field investigations, and other significant evidence.

      4.   The specific delineation of the Critical Lands will be determined as part of the permit by the Planning Commission based on the best available data. (Ord. 2019-04, 10-16-2019)

For all land use actions which could result in development of the Floodplain Corridor as defined by FEMA, the following is required:

   A.   Standards For Filling In Floodplain Corridor Lands:

      1.   Fill shall be designed as required by the building code, where applicable.

      2.   The toe of the fill shall be kept at least ten (10) feet outside of floodway channels, as defined in this chapter.

      3.   The amount of fill in the Floodplain Corridor shall be kept to a minimum. Fill and other material imported from off the lot that could displace floodwater shall be limited to the following:

         a.   Poured concrete and other materials necessary to build permitted structures on the lot.

         b.   Aggregate base and paving materials.

         c.   Plants and other landscaping material.

         d.   A total of fifty cubic yards of other imported fill material, or three hundred cubic yards per acre, whichever is greater. These amounts are the maximum cumulative fill that can be imported onto the site, regardless of the number of permits issued.

         e.   The above limits on fill shall be measured from the elevation that existed at the location as shown on the latest FEMA flood maps and shall not exceed the above amounts.

      4.   If additional fill is necessary beyond the permitted amounts in (3) above, then fill materials must be obtained on the lot from cutting or excavation only to the extent necessary to create an elevated site for permitted development. All additional fill material shall be obtained from the portion of the lot in the Floodplain Corridor.

      5.   Adequate drainage shall be provided for the stability of the fill.

      6.   Fill to raise elevations for a building site shall be located as close to the outside edge of the Floodplain Corridor as feasible.

      7.   Development of floodways is not permitted except for bridges and road crossings. Such crossings shall be designed to pass a one hundred (100) year flood without raising the upstream flood height more than six inches (6").

   B.   Culverting or bridging of any waterway or creek identified on the official maps adopted pursuant to Section 10-34-5 must be designed by an engineer for a one hundred year flood event. Stream crossings shall be designed to the standards currently accepted by the City Engineer and shall comply with all requirements of the City Engineer. Where no floodway has been identified, culverts must be capable of handling a one hundred (100)-year flood without any increase in the upstream flood height elevation. The engineer shall consider in the design the probability that the culvert will be blocked by debris in a severe flood and accommodate expected overflow. Fill for culverting and bridging shall be kept to the minimum necessary but is exempt from the limitations in section (A) above. Culverting or bridging of streams identified as Riparian Preservation is subject to the requirements of Section 10-34-7.

   C.   Non-residential structures shall be flood-proofed to one foot above the elevation flood elevation contained in the official maps adopted by Section 10-34-5 at the finished floor elevation. Where no specific elevations exist on maps, buildings shall be elevated to three feet above the stream channel on all drainage ways identified on the official maps.

   D.   No new residential structures are permitted in the Floodplain Corridor, except as permitted in E and F below. All residential structures shall be elevated so that the lowest habitable floor shall be raised to one foot above the elevation contained in the official maps adopted by Section 10-34-5. Where no specific elevations exist, buildings shall be elevated to three feet above the stream channel on all drainage ways identified on the official maps.

   E.   The elevation of the finished lowest habitable floor shall be certified to the City by an engineer or surveyor prior to issuance of a certificate of occupancy for the structure.

   F.   All lots modified by lot line adjustments, or new lots created from lots which contain Floodplain Corridor land must contain a building envelope on all lot(s) which contain(s) buildable area of a sufficient size to accommodate the uses permitted in the underling zone, unless the action is for open space or conservation purposes. This section shall apply even if the effect is to prohibit further division of lots that are larger than the minimum size permitted in the zoning ordinance.

   G.   No new habitable space shall be permitted lower than the highest floodplain corridor elevation.

   H.   Storage of petroleum products, pesticides, or other hazardous or toxic chemicals is not permitted in Floodplain Corridor lands.

   I.   Fences constructed within twenty feet (20') of any riparian area shall be limited to wire or electric fence, or similar fence that would not collect debris or obstruct flood waters, but not including wire mesh or chain link fencing.

   J.   Decks and structures other than buildings, if constructed on Floodplain Corridor Lands and at or below the levels specified in Paragraphs (C) and (D) of the section, shall be capable withstanding flooding and must meet FEMA standards.

   K.   Local streets and utility connections to developments in and adjacent to the Floodplain Corridor shall be located outside of the Floodplain Corridor, except for crossing the Corridor in the shortest possible distance. (Ord. 2019-04, 10-16-2019)

All development in areas identified for Riparian Preservation, as defined in Section 10-34-4, shall comply with the following standards:

   A.   Development shall be subject to all Development Standards for Floodplain Corridor Lands (Section 10-34-6).

   B.   Within these areas in addition to the standards for Undeveloped Floodplains, no land disturbing activity is allowed except as permitted in this section.

   C.   Permitted Uses:

      1.   Up to ten percent (10%) of the area may be disturbed for private yard structures including but not limited to: storage sheds, gardens, yards, trails, and clearings, except that no disturbance is permitted for 404 identified areas. Treatment of wetlands for land use and development proposals shall follow those mandated by Utah State Code. Wellsville City may act upon a land use and/or development proposal containing wetlands without prior mitigation of those wetlands, but in no case shall structures, infrastructure, improvements, utilities and the like be developed, constructed, built and/or occupied in areas containing wetlands without prior approval, including mitigation measures, from the U.S. Army Corps of Engineers.

      2.   Repair, replacement or improvement of utility facilities where:

         a.   The disturbed portion of the Riparian Preservation lands is restored; and

         b.   Non-native vegetation is removed from the riparian preservation lands and replaced with native riparian vegetation as approved by the Planning Commission.

      3.   Additions, alterations, rehabilitation, or replacement of existing structures that do not increase existing structural footprint in the Riparian Preserve lands where the disturbed portion of the area is restored using native vegetative cover.

      4.   Stream, wetland, riparian and upland enhancement or restoration projects;

      5.   Farming practices and farm uses, excluding buildings and structures, and the pasturing of livestock within twenty-five feet (25') of the stream.

      6.   Routine repair and maintenance of existing structures, roadways, driveways, utility facilities, accessory uses and other development.

      7.   Measures to remove or abate nuisances, or any other violation of State statute, administrative agency rule or City ordinance. (Ord. 2019-04, 10-16-2019)

   A.   All development that removes vegetation or disturbs topsoil and leaves the disturbed soil at a slope of twenty percent (20%) or more shall comply with the following standards:

      1.   Any exposed soil shall be revegetated in a manner to reestablish a vegetative community within a one year period from issuance of a Certificate of Occupancy. If irrigation is not provided, then the exposed soil must be planted with species that can survive without irrigation.

      2.   Vegetative cover, rock, dry or conventional masonry, or other permanent cover must be maintained on areas that have been disturbed.

      3.   These restrictions shall not apply to areas of exposed bedrock which exhibit no erosion potential.

   B.   Cuts And Fills:

      1.   In addition, any cuts and/or fills greater than two hundred fifty (250) cubic yards must be designed by an engineer to comply with building code and requirements of this chapter. Such cuts and/or fills shall be designed in such a manner that they will be stable for the use intended.

      2.   If the excavation is not a dedicated street or a public right-of-way, the engineer shall declare to the City, after the cut and/or fill is completed, that it was constructed to plans and meets all standards set forth in the plans approved.

      3.   Nothing in this section shall abridge the City's right to inspect work in progress or in its completed state, to make appropriate measurements and tests to determine if the cut and fill was made according to plan, and to require alterations prior to final approval of the cut and/or fill.

   C.   Any development that is proposed in Erosive and Slope Failure Lands must be shown on a master site plan at the time the final plan or plat is filed. All development must comply with the master site plan. Any improvements necessary for the implementation of the master plan (e.g., storm drains, gutters, etc.), which involve two (2) or more parcels of land must be constructed by the applicant prior to any development occurring on the parcels.

   D.   All structures in Erosive and Slope Failure Lands shall have foundations that have been designed by an engineer or architect.

   E.   All newly created lots or lots modified by a boundary line adjustment must include a building envelope on all lots that contains a buildable area of sufficient size to accommodate the uses permitted in the underlying zone without including erosive and slope failure land, unless the division or lot line adjustment is for open space or conservation purposes. (Ord. 2019-04, 10-16-2019; amd. Ord. 2021-04, 5-19-2021)

   A.   Requirements For Subdivisions, Or Planned Developments (see also Chapter 10-28):

      1.   A Fire Prevention and Control Plan shall be required with the submission of any application for plan approval of a development or preliminary plat of a subdivision, which contain areas designated as Wildfire threats areas in the Wildland/Urban Interface Fire Safety Overlay Zone, Chapter 10-28.

      2.   The Planning Commission shall forward the Fire Prevention and Control Plan to the Fire Chief. The Fire Chief shall review the Fire Prevention and Control Plan and submit a written report to the Planning Commission no less than seven (7) days before the scheduled hearing. The Fire Chiefs report shall be a part of the record of permits.

      3.   Criterion for Approval. The hearing authority shall approve the Fire Prevention and Control Plan when, in addition to the findings required by this chapter, the additional finding is made that the wildfire hazards present on the property have been reduced to a reasonable degree, balanced with the need to preserve and/or plant a sufficient number of trees and plants for erosion prevention, wildlife habitat, and aesthetics.

      4.   The hearing authority may require, through the imposition of conditions attached to the approval, the following requirements as deemed appropriate for the development of the property:

         a.   Delineation of areas of heavy vegetation to be thinned and a formal plan for such thinning.

         b.   Clearing of sufficient vegetation to reduce fuel load.

         c.   Removal of all dead and dying trees.

         d.   Relocation of structures and roads to reduce the risks of wildfire and improve the chances of successful fire suppression.

      5.   The Fire Prevention and Control Plan shall be implemented during the public improvements required of a subdivision or Performance Standards Development and shall be considered part of the subdivider's obligations for land development. The Plan shall be implemented prior to the issuance of any building permit for structures to be located on lots created by partitions and for subdivisions or Performance Standards developments not requiring public improvements. The Fire Chief, or designee, shall inspect and approve the implementation of the Fire Prevention and Control Plan, and the Plan shall not be considered fully implemented until the Fire Chief has given written notice to the Planning Commission that the Plan was completed as approved by the hearing authority.

      6.   In all new residential developments, provisions for the maintenance of the Fire Prevention and Control Plan shall be included in the covenants, conditions and restrictions for the development and the City shall be named as a beneficiary of such covenants, conditions and restrictions.

   B.   Requirements For Construction Of All Structures:

      1.   All new construction and any construction expanding the size of an existing structure shall have a "fuel break" as defined below.

         a.   A "fuel break" is defined as an area which is free of dead or dying vegetation, and has native, fast-burning species sufficiently thinned so that there is no interlocking canopy of this type of vegetation. Where necessary for erosion control or aesthetic purposes, the fuel break may be planted in slow burning species. Fuel breaks do not involve stripping the ground of all native vegetation.

         b.   Primary Fuel Break - A primary fuel break will be installed, maintained and shall extend a minimum of thirty feet (30') in all directions around structures, excluding fences, on the property. The goal within this area is to remove ground cover that wilt produce flame lengths in excess of one foot (1‘). Such a fuel break shall be increased by five feet (5') for each ten percent (10%) increase in slope over ten percent (10%).

         c.   Secondary Fuel Break - A secondary fuel break will be installed, maintained and shall extend a minimum of one hundred feet (100') beyond the primary fuel break where surrounding landscape is owned and under the control of the property owner during construction. The goal of the secondary fuel break is to reduce fuels so that the overall intensity of any wildfire is reduced through fuels control.

      2.   All structures shall be constructed or re-roofed with Class B or better non-wood roofing materials, as determined by the Building Ordinance. All re-roofing of existing structures in the Wildfire Lands area shall be done under approval of a zoning permit. No structure shall be constructed or re-roofed with wooden shingles, shakes, wood-product material or other combustible roofing material, as defined in the building ordinance.

         a.   Fuel breaks in areas which are also erosive or slope failure lands shall be included in the erosion control measures outlined in Section 10-34-8. (Ord. 2019-04, 10-16-2019)

   A.   Severe Constraint Lands are extremely sensitive to development, surface disturbance such as grading, filling, or vegetation removal has high potential to threaten life or property, whenever possible, alternative development should be considered.

   B.   New structures are not allowed on Severe Constraints Lands.

   C.   Other development of land or approval for a Planning Commission action shall be allowed only when the following study has been accomplished. An engineering geologic study approved by the Wellsville City Engineer establishes that the site is stable for the proposed use and development. The study shall include the following:

      1.   Index map.

      2.   Project description to include location, topography, drainage, vegetation, and discussion of previous work and discussion of field exploration methods.

      3.   Site geology, based on a surficial survey, to include site geologic maps, description of bedrock and surficial materials, including artificial fill, locations of any faults, folds, etc., and structural data including bedding, jointing and shear zones, soil depth and soil structure.

      4.   Discussion of any off-site geologic conditions that may pose a potential hazard to the site, or that may be affected by on-site development.

      5.   Suitability of site for proposed development from a geologic standpoint.

      6.   Specific recommendations for cut slope stability, seepage and drainage control or other design criteria to mitigate geologic hazards.

      7.   If deemed necessary by the engineer or geologist to establish whether an area to be affected by the proposed development is stable, additional studies and supportive data shall include cross-sections showing subsurface structure, graphic logs with subsurface exploration, results of laboratory test and references.

      8.   Signature and registration number of the engineer and/or geologist licensed as professional engineer in the State of Utah.

      9.   Additional information or analyses as necessary to evaluate the site.

   D.   Prohibited Actions: Notwithstanding any other provision of these Ordinances it shall be unlawful to clear, "grub," grade, fill, or excavate any land in any manner which presents an unreasonable risk of erosion, flooding, landslide, or any other unsafe condition; and it shall be unlawful to erect any structure which will not be reasonably safe for use as a human habitation because of:

      1.   Proximity to a high water table (water close to the ground surface);

      2.   Surface water;

      3.   Expansive soils;

      4.   Collapsible soils;

      5.   Proximity to a potential landslide area;

      6.   Proximity to a secondary fault;

      7.   Proximity to an alluvial fan;

      8.   Proximity to an active landslide;

      9.   Proximity to a primary Wasatch Fault zone;

      10.   Any other unsafe condition, as determined by the City. (Ord. 2019-04, 10-16-2019)

   A.   Agricultural lands support a locally important and nationally unique agricultural industry that includes; dairy, livestock, food from grains, vegetables, fruit, forestry, and greenhouse crops. Wellsville's climate, topography and accessibility make it uniquely suited to the production, processing and distribution of agricultural products on a regional and national scale. The natural resources, productive farmland and rural character, has made Wellsville and Cache Valley a desirable place to live and work. Farm land is an irreplaceable natural resource with soil and topographic characteristics that have been enhanced by generations of agricultural use. Loss of this resource to development is a permanent reduction of a critical resource. The economic base of the City is also supported by a variety of agriculturally related businesses including: farm equipment and supply, dairy products processing, grain dealers, packaging plants and other professional services. Critical agricultural lands shall be governed by the following:

      1.   All lands identified as critical agricultural lands shall be designated and mapped by the City. The City may utilize existing mapped agricultural lands from other sources to satisfy this requirement.

      2.   Any proposed development within identified critical agricultural lands shall be governed by the uses allowed in the respective zones in which the highly productive agriculture exists.

      3.   Critical agricultural lands should be preserved through means of one or more tools including, but not limited to:

         a.   Limitations placed on development on highly productive agricultural lands;

         b.   Land set aside requirements as in Chapter 10-35;

         c.   Substitutions for Open Space, Section 10-35-5;

         d.   Use of conservation easements;

         e.   Purchase of Development Rights (PDRs);

         f.   Private land trusts. (Ord. 2019-04, 10-16-2019)

   A.   Essential Views are a critical visual and quality of life resource and are protected as provided herein. The purpose and intent is to protect the public health, safety, and welfare and to protect the scenic quality of Wellsville City both for visitors to the city as well as for its residents by ensuring that future development improvements are compatible with existing land forms, including city ridgelines and views of Wellsville's many unique geologic and agricultural features and the existing landscape fabric of the city's hillside areas. The regulations contained in this chapter are consistent with the goals and policies of the Wellsville City General Plan. It is intended that this chapter accomplish the following:

      1.   Provide hillside development standards to minimize the impact of man-made structures and grading on views of existing landforms, unique geologic features, existing landscape features and open space as seen from designated public roads within the city;

      2.   Protect and preserve views of major and minor ridgelines from designated public roads;

      3.   Create a development review process by the Planning Commission.

      4.   Minimize cut and fill, earthmoving, grading operations and other such man-made effects on the natural terrain to ensure that finished slopes are compatible with existing land character; and

      5.   Promote architecture and designs that are compatible with hillside terrain and minimize visual impacts.

   B.   General Requirements For Essential Views:

      1.   All final grades, including all cut and fill slopes, visible from any designated public road shall be:

         a.   Consistent with the existing landscape to the greatest extent possible, avoiding uninterrupted slope surfaces that stand out against existing topographic contours;

         b.   Contoured to resemble existing terrain by varying slope increments and breaking the visual surface of banks and inclines both vertically and horizontally as naturally as possible;

         c.   Constructed to allow for the creation of berms or mounding at the top of slopes and in other locations for the screening of structures and assurance proper site drainage.

      2.   Design, height and massing of hillside development shall:

         a.   Maintain a balance of scale and proportion using design components that are harmonious with natural landforms and landscaping;

         b.   Be small scale and low in height, conforming with hillside topography by stepping or staggering the mass of the proposed building up or down slope, avoiding flat pad construction and vertical massing;

         c.   Utilize structural elements, building materials and color tones which blend artificial surfaces with surrounding native elements;

         d.   Utilize construction materials, glass, roofing and other surfaces that are of a non-reflective nature;

         e.   Utilize articulated wails that use reveals, cornice detailing, alcoves or other features which are appropriate to the scale of the building and building projections, trellises, landscaping or other devices, which serve to break up continuous building wails which are visible from designated public roads; and

         f.   Ensure that the proposed structure does not break the skyline of a primary ridge when viewed from any designated public road.

      3.   Roadways, driveways and utility alignments shall be:

         a.   Located to minimize grading, by following existing contours and positioned upon gradual slopes;

         b.   Constructed to blend with the existing landscape, through alignment with the natural curving contour of the land instead of using straight lines or geometric patterns which create excessive cuts and fills;

         c.   Concealed from view through preservation and maintenance of existing vegetation or through planned landscaping that is constant with the natural character of the area.

      4.   Landscape planting and vegetation preservation shall:

         a.   Incorporate trees where appropriate, planted in random groupings or clusters that mimic or maintain natural assemblages rather than in systematic rows;

         b.   Maintain vegetation lines which convey the existing slope of the hillside;

         c.   Preserve native vegetation, including grasses and open space whenever possible;

         d.   Use native materials to the greatest extent possible and/or non-natives that are compatible with indigenous vegetation and confined to the adjacent vicinity of the proposed structure;

         e.   Include a sufficient irrigation, maintenance and monitoring program designed to provide species requirements as well as protect against sedimentation, soil loss and land sliding;

         f.   Be landscaped in such a manner so as to reduce fire hazard and create a minimum defensible space for fire suppression.

      5.   Exterior and landscape lighting applications shall be:

         a.   Designed to minimize nighttime disruption and visual glare by shielding lamp sources downward and away from view of designated public roads;

         b.   Controlled by timers and/or motion sensors, to limit the duration of use and reduce prolonged glare;

         c.   Sized with the minimum wattage possible to meet desired application. (Ord. 2019-04, 10-16-2019)

The purpose of this Article is to promote and provide incentives for the setting aside of lands, whether publicly or privately owned, that are accessible to and designed for the use and enjoyment of the citizens of Wellsville within all existing boundaries and future annexation areas of the City. Furthermore, it is generally intended that open space set asides remain in private ownership and maintenance. However, where there is a demonstrated public interest in open space set asides being dedicated to public ownership and responsibility for maintenance and where sufficient funding exists to meet this maintenance responsibility, public dedication of open space may occur under the terms of this Article.

This article establishes minimum standards for providing open and outdoor space set asides in developments and subdivisions. It is intended to ensure that all development including residential, commercial, and industrial projects are designed with functional open space to promote the health, safety, enjoyment, and livability of residents, visitors, shoppers, and workers. Furthermore, Wellsville and its future annexation areas possess critical lands with qualities that shall remain in permanent open space for the future health, safety, and welfare of all residents, workers, and visitors of the City. (Ord. 2019-04, 10-16-2019)

All development or redevelopment required to obtain a Design Review Permit as specified in Land Use Regulations shall provide a required set aside of land as open space as a condition of approval. The following types of set asides are required and further specified in Table 10-35-3:

   A.   Open Space: Open space is an area of land or water that may be used for passive or active recreation, agriculture, conservation, landscaped areas, preserves of the natural environment, scenic land, and/or other use that is of a suitable size, topography, location, and shape to permit the activities for which it is intended as determined by the Planning Commission, but shall not include critical lands as defined in Chapter 10-62 "Critical Lands" and Chapter 10-34.

   B.   Useable Outdoor Space: A land area within a lot or parcel that is used in conjunction with a primary use designed and intended for the use or enjoyment of the residents and their guests of the development and shall include improvements as necessary and appropriate for use as useable outdoor space. Useable outdoor space may include accessory structures that enhance its use and enjoyment. Useable outdoor space shall be generally landscaped and may include patios, decks, shade structures, play equipment, play courts, walkways, and landscaped plazas. Useable outdoor space shall not include required setbacks, parking, and/or driveways. Storm water facilities qualify as useable outdoor space if the physical characteristics are functional as useable areas for the intended purpose of useable outdoor space. Except that storm water facilities for useable outdoor space shall not be used for parking lots. Storm water facilities may be used for useable outdoor space when located in the setback require on U.S. Highway 89/91.

   C.   Exemption: An Open Space set-aside shall not be required for legal lots within the Residential Open Space One Acre (ROS1) and Residential Open Space One Half Acre (ROS 1/2) zoning districts for one (1) and two (2) lot subdivisions. Subdivisions that are proposed with two (2) lots and a remainder lot shall be considered a three (3) lot subdivision and are not eligible for this exemption.

   D.   General requirements in all zoning districts. Open space shall be required if any lot or subdivision is part of a larger parcel and/or part of multiple, contiguous, parcels that are in the same ownership where it is possible for the land to be developed in the future. The provision to waive an open space set-aside shall not be used to circumvent open space requirements when it is apparent that lot(s) can be added in the future or when attempts are being made to split-off lot(s), in smaller increments, to avoid setting aside open space. Existing open space, in all zoning districts, that has been set-aside, as required by ordinance, shall not be waived, removed, recorded, or modified in any way that is contrary to the original recording of the open space.

(Ord. 2019-04, 10-16-2019; amd. Ord. 2022-11, 12-7-2022)

   A.   All development or redevelopment required to obtain a Design Review Permit and which is specified in Table 10-35-3, shall set aside land as "open space", as defined in section Chapter 10-62 "Open Space." For mixed use development, the "type" of development in Table 10-35-3 is determined according to the proportion of mix of uses proposed. All "critical lands" as defined in Chapter 10-62 "Critical Lands" of this title shall be set aside as permanent open space and shall not be included in determining open space as required herein.

 

*   Development within the Residential Single Family zone (RSF) shall be required to set aside open space for developments of ten (10) lots or more. The developer may choose to pay in-lieu fees for open space allowing all of the developable property to be subdivided excluding all critical lands,

   B.   Exclusions: The following shall be excluded from open space requirements:

      1.   Development on public land including land dedicated as public rights-of-way or dedicated as other public land. The land area of public rights-of-way dedicated for pubic roadways within a development or subdivision may be deducted from the total land area required for open space.

      2.   Development on land of private utility companies which provides distribution of electrical power, or natural gas which existed prior to adoption of this chapter.

      3.   Development within the RSF zone shall not be required to set-a-side open space for development of nine (9) lots or less. However, if it is apparent that the development is a subdivision from a larger parcel that will be developed in later phases, the Planning Commission shall recommend to the City Council that open space shall be required of the smaller development. A subdivider may not circumvent the requirement for open space by subdividing and developing small parcels split off from a larger mother parcel.

      4.   Development or redevelopment on existing legal lots within legal subdivisions which do not require a Design Review Permit. However, useable outdoor space is required as specified in Table 10-35-3.

      5.   Remodeling, renovation, redevelopment and/or change of use of commercial and industrial uses within the same parcel(s) of land existing at the time of this ordinance. (Ord. 2019-04, 10-16-2019; amd. Ord. 2021-02, 4-21-2021)

Calculation to determine the land area required for set-aside of open space shall be based on the total land area of the development parcel(s) excluding the land area of critical lands and future public lands and/or road rights-of-way to be dedicated to the public as part of the development plan. Example: If the total land area of a development parcel is ten (10) acres and one (1) acre is critical lands and an additional two (2) acres are to be dedicated for public roads within project, then seven (7) acres of land would be used to calculated the amount of land required for open space set-aside. (Ord. 2019-04, 10-16-2019)

   A.   General Standards: The standards for the establishment, maintenance, and ownership of open space are set forth. In addition to any standards or requirements stipulated elsewhere in this Ordinance for open space located in a specific district, the following general standards shall apply to all open space:

      1.   To the greatest extent practical, open space shall be of a configuration suited to its specific site context and the purpose for which it is specifically proposed to be used (e.g. preserve, active or passive park, playground, walkway/bikeway, agriculture, etc.);

      2.   Where practical, open space shall be contiguous with existing or imminent future open space. As a rule, the contiguous interconnection shall be a minimum of twenty (20) feet in linear measure. In its discretion, the Planning Commission may reduce or waive the contiguous interconnection requirement when a lesser interconnection is deemed functional, such as for pedestrian walkways, or where the open space, though non-contiguous with other open space, is of sufficient size and design to function well and serve as a public asset;

      3.   A permanent restrictive covenant in the form of a perpetual conservation easement shall be placed upon open space land requiring its maintenance as open space, in form and content as approved by the Planning Commission.

      4.   The minimum land area that shall be designated as open space is specified in Table 10-35-3. The minimum land area shall be in addition to any critical lands within the property.

      5.   All land possessing the constraints of critical lands shall also be set aside as permanent open space but shall not be included in the determination of required open space.

      6.   The determination of open space does not include storm water handling facilities, except as may be useable outdoor space per Section 10-35-2 B.

      7.   The developer may locate and design open space wherever desirable for the efficient and advantageous use of the property. However, the City may specify the location and configuration of open space on the property as deemed necessary to connect adjacent, existing or future open space.

      8.   At no time shall any open space be reduced in size, subdivided, used, or modified beyond its original intent unless the following actions occur:

         a.   Amendment to the subdivision plat as prescribed in the Utah Code Annotated.

         b.   Notification for this action is required for all owners of property included in the plat when the open space was created. A recommendation to modify the open space shall be received by the City Council representing at least sixty six percent (66%) of the property owners.

         c.   Public hearings held as required.

         d.   Recommendation of the Planning Commission.

         e.   Majority vote of the City Council.

      9.   Land outside the proposed property shall not be used in determining the allowed density of a project.

      10.   Uses Within Open Space: All uses and facilities within open space developed under the provisions of this title shall be considered conditional uses and subject to the requirements of conditional uses as described in this code. Conditional uses are subject to approval and conditions as required by the Planning Commission and may include:

         a.   Recreation active use - play fields, parks, trails, play grounds, related parking and accessory uses to the above listed uses, such as, the preparing and serving of food and beverages, and the sale or rental of equipment, supplies and facilities in connection with and in support of the recreational activities engaged in upon the premises.

         b.   Agricultural crop production compatible with adjacent residential development.

         c.   Conservation areas, including, but not limited to, wilderness areas, watersheds, wildlife refuges, wetlands, riverways, drainageways and riparian zones.

         d.   Equestrian facilities;

         e.   Swimming pools;

         f.   Lakes, ponds, and streams;

         g.   Natural landscapes;

         h.   Agricultural crop lands and pasture/grazing lands;

         i.   Conservation easements held by a recognized conservation organization or other type of ownership as permitted by Section 10-35-4.

         j.   Visual amenities or expanded development setbacks.

         k.   Equestrian facilities.

         l.   Forests and forest experimentation.

         m.   Historic preservation and monument sites.

         n.   Open air theaters and meeting places.

         o.   Public facilities.

         p.   Publicly dedicated open space.

      11.   The following uses are not allowed in open space:

         a.   Motorized vehicles, except farm equipment supporting approved agricultural uses and maintenance vehicles for open space.

         b.   Signs other than incidental signs for allowed uses;

         c.   Buildings and structures, except those incidental to the use of the open space as approved by the Planning Commission.

         d.   Rubbish, trash, or storage of vehicles or equipment.

      12.   A land area not exceeding ten percent may be acquired by the City through open space to facilitate public trail connections.

      13.   All developments with common areas or common facilities shall be owned and managed by a "homeowner association" as defined in U.C.A § 57-8a.

      14.   The following notation shall be fulfilled and shall be recorded on the face of the final plat;

      5.   Access by Public Upon Completion Of Improvements Within Open Space. The public shall have access, when mutually agreed by all parties, including the City. Lots designed with rear facing open space shall be accessible at all times and all locations. At no time shall public access be denied unless unsafe conditions exist or unless approved by the City. Public access within open space shall be allowed only where identified and allowed within the approval documents. (Ord. 2019-04, 10-16-2019; amd. Ord. 2021-03, 5-19-2021)

The purpose of this chapter is to provide for uniform application of development standards and specifications as a condition of project approval and permit issuance for all development permits, subdivisions, building permits, conditional use permits, design review permits, or other permit issued by the City. The standards of this chapter are in addition to other provisions of the Wellsville City Code and the Design Standards and Construction Specifications as approved by the City. (Ord. 2019-04, 10-16-2019)

The standards for open space development are specific to conditions of approval for open space set aside (See Chapter 10-35, Open Space Requirements). (Ord. 2019-04, 10-16-2019)

All privately owned streets shall be designed, built, and maintained to the same standard as public streets (see adopted Design Standards and Construction Specifications, and Design Criteria). (Ord. 2019-04, 10-16-2019)

Reserved. (Ord. 2019-04, 10-16-2019)

Street trees shall be required as a condition of all project approvals (Section 10-39-6) The tree species and locations of plantings shall be as specified in City Trees and Beautification plan. Street trees shall be planted at the time of issuance of a Certificate of Occupancy or construction of sidewalks, whichever occurs first. For subdivisions, the Planning Commission may require posting of improvement security to guarantee the availability of funds adequate to cover the cost of purchasing and installing street trees. All streets within the public right-of-way shall be maintained in a safe and healthy condition by the adjacent property own. Street trees shall not be planted in the site distance triangle (Chapter 10-61 Site Distance Triangle). Street trees are the property of the city and shall not be removed without a permit. (Ord. 2019-04, 10-16-2019)

Solid waste receptacles, recycling bins, and refuse storage shall be sited in locations approved by the provider of Waste Management Collection. All waste disposal areas shall be screened with solid fencing, such as masonry, wood, or vinyl. No waste disposal facilities shall be located between the structure and a public right-of-way, unless specifically approved by the decision-makers with a finding that no screened site exists. Publicly accessible recycling facilities may be located between the structure and the right-of-way, provided that the facility is kept in a neat appearance with regular collection and cleanup in the general area. All waste management facilities shall be screened with landscaping. (Ord. 2019-04, 10-16-2019)

   A.   Public Facilities, Road Rights-of-Way, and Public Utility Easements:

      1.   The City may require a project proponent to reserve lands within a project site for a public facility. Such request shall be made in conformance with the laws related to municipal property acquisition.

      2.   The City may require dedication of lands for public utility easements, road right-of-way, and for other public purposes without compensation in conformance with the requirements of Utah law and this Title. (Ord. 2019-04, 10-16-2019)

Public improvements performed by or on behalf of private development shall be guaranteed for a period of two (2) years after the date of acceptance. The improvements shall be guaranteed against settlement, break up, failure or inability to satisfactorily function as required, lack of adequate drainage. The City may require or retain security to assure performance of improvements during the guarantee period. (Ord. 2019-04, 10-16-2019)

   A.   All developments with common areas or common facilities shall be owned and managed by a "homeowner association" as defined in U.C.A. § 57-8a-102.

   B.   The homeowner association shall adopt City approved covenants, conditions and restrictions (CC&Rs), bylaws and rules for the association. The bylaws and rues for the association shall provide for enforcement of the CC&Rs, including the assessing of fines for violations.

   C.   Prior to the issuance of any permits, the developer shall file a lien in favor of the homeowner association against each residential lot equal to the pro rata share of ten percent of the total cost of the common area and facility improvements. Upon payment of the liens, the homeowner association shall place the proceeds in a restricted fund to be used solely for the maintenance, repair and replacement of the common area and facility improvements. (Ord. 2019-04, 10-16-2019)

   A.   Purpose: It is the purpose of the exterior lighting code to ensure the rights of all property owners to light their own properties. Individual property owners have a right to light their own properties. Property owners do not have the right to adversely illuminated other properties. Exterior lighting by one property owner can adversely affect the right of privacy and enjoyment of another property owner. A property owner who is adversely illuminating another's property is not protected by the "legally existing non-conforming" provisions of this title because compliance can be achieved with simple, economical methods. Lighting compliance is expected of all property owners.

      a.   If the luminaires are less than eight hundred (800) lumens per fixture or if the fixture uses one sixty (60) watt incandescent lamp, provided the light fixture has an opaque top or is completely recessed in a soffit.

      b.   Building soffit lighting that is recessed beyond the surface of the soffit material and does not exceed luminary limits of 2a above.

      c.   Floodlights with external shielding of the light source and angled downward at least thirty (30) degrees, or sufficiently, to prevent lighting of adjacent properties.

      d.   Lights used only to light athletic courts when all reasonable measures have been taken to minimize lighting of surrounding properties. Such lighting shall not operate later than ten o’clock (10:00) p.m. All adjacent luminaires surrounding an athletic complex are not exempt.

   E.   Existing lighting on all properties: Properties that have installed exterior lighting prior to the adoption date of this code shall be considered non-conforming with lighting requirement of this title. When existing lights adversely affect the privacy of adjacent property owners and are deemed to be a nuisance, the following process shall be used to resolve the concerns of adjacent property owners:

      1.   Written complaints will be accepted from property owners and/or occupants adversely affected by lights from other properties. Photographs depicting the detrimental lighting shall be included with the complaint. Complaints shall not be anonymous.

If it is determined that a complaint is valid and subject lights do not comply with these requirements, the city shall send a letter to require relief for adjacent property owners by voluntary compliance. A complaint shall be determined valid if an unshielded source of the light can be seen from adjacent properties and if it is determined that it is reasonable to take enforcement action. The compliance letter shall suggest economical ways to conform, such as, changing luminaries to reduce lighting, shielding the light source at the light fixture with paint or tape, or removing lights, dimming lights, and/or turning lights off during normal sleeping hours. The letter shall include a date for the property owner to comply.

      2.   If compliance is not achieved by the date to comply, the City shall process a Notice of Violation beginning the Administrative Enforcement procedures prescribed in Chapter 10.60.

   D.   Height and Placement of Exterior Luminaires: Parking area luminaires shall not emit light beyond the property lines of the development. The light source within the luminary must be concealed and not visible from adjacent properties. Freestanding luminaires on private property in residential zones shall be no taller than twelve (12) feet. Luminaires for public street lights and public athletic fields are exempt from height regulations. (Ord. 2019-04, 10-16-2019; amd. Ord. 2021-05, 6-2-2021)

Shared access between adjoining parcels is strongly encouraged. It may be required by the Planning Commission as condition of project approval. Shared access may be required if the property owner owns or controls adjoining property and/or it is feasible for separate property owners to enter into an agreement. (Ord. 2019-04, 10-16-2019)

   A.   On Arterial and Major Collector Streets, whenever a project proposes access to an arterial street or major collector street, whether the streets are existing or proposed, limited access to the street shall be required:

      1.   The determination shall be consistent with the City of Wellsville 2009 Transportation Plan and General Plan.

      2.   The determination shall be based upon the recommendation of the City Engineer.

      3.   When frontage roads or alternative access are used, "no access easements" may be required between the project and the road to which access is limited.

         a.   No new driveway access shall be permitted to directly access streets whenever officially designated as limited access streets:

         b.   If there are no alternatives for access utilizing existing side streets or rights-of-way, the decision-makers may approve access to a limited access street as follows:

            (1)   Frontage roads may be required to create a shared access between the subject property and adjoining properties to limit the number of points of access;

            (2)   Driveways, if permitted, shall be required to be aligned on the City's grid system by either:

               A.   Aligning with existing driveways across from the proposed new driveway location;

               B.   Aligning the driveways in locations approved by the Planning Commission to create safe driveway separations and accommodate other potential driveways within the project area.

            (3)   If the project is a subdivision, the decision-makers may reduce the number of lots within a subdivision to accommodate a frontage road; or

            (4)   The decision-makers may approve an access to a street if it is designed to be or become a shared access;

         c.   The decision-makers shall require that the access be developed to serve as an interior project street to provide access to multiple properties.

         d.   No new residential driveways shall be permitted to access the excluded streets if there is any other location for access. If a legally existing lot is proposed for development and there are no alternative points of access, the Planning Commission may approve one residential driveway with a maximum width of twenty two feet (22') at the right-of-way.

         e.   If a lot has been created in violation of subdivision regulations, the Planning Commission may require driveways for illegally created lots to conform to the provisions of this chapter.

         f.   Other access limitations as defined in the General Plan.

   B.   Alternate Access Required: The Planning Commission shall consider the long-term needs of the City in maintaining local and regional transportation corridors in the approval of any subdivisions pursuant to this Title. The Planning Commission may reduce density, reduce the number of driveways or change driveway locations, or impose other design considerations in order to avoid or prohibit access to arterials and major collectors and to preserve future transportation corridors. The Planning Commission may require road right-of-way stubs or connections to adjoining properties for purposes of future road development whether or not the adjoining properties are proposed for development at the present time, The Planning Commission may require the dedication of the extended right-of-way if adjoining zoning or site development potential results in the need for a logical future connections or a future roadway on the city block grid. (Ord. 2019-04, 10-16-2019)

   A.   Residential Driveways:

      1.   Driveways shall lead to a garage or parking area located outside of the front, side and rear setbacks. Driveways serving residential developments shall be not less than twelve feet (12') in width for single lane driveways. Driveways in this classification shall not exceed twenty feet (20') in width.

      2.   Only one driveway is permitted on a single family residential lot, except as specified in section 10-36-13(B) for circular driveways.

      3.   More than one (1) driveway may be permitted for multi-dwelling structures, if approved as a part of the design review permit for new construction or with a right-of-way access permit.

   Figure 10-36-13A: Driveway Standards

 

 

On corner lots new drives shall be located adjacent to the property line as far away from the intersection of the street as possible. Circular drives are not allowed on the corner lots if both frontages have a drive.

   B.   Circular Driveways: Circular driveways may be permitted by the Planning Commission and City Engineer for residential development on minor collector or residential streets. Maximum driveway width of a circular drive shall be ten feet within the property and twelve feet (12') at the street. Circular driveways shall only be permitted if the lot frontage is greater than one hundred feet (100') in width or a corner iot with at least one hundred feet (100') of clearance from edge of pavement on the intersection for each driveway. A right-of-way access permit shall be required.

   C.   Non Residential Driveways:

      1.   Entry (ingress) lanes shall be limited to a maximum width of sixteen feet (16'), except as noted in this subsection.

      2.   Exit (egress) lanes shall be at least twelve feet wide with one lane for each turning movement. If there is a lateral (straight across) alignment approved by the decision-makers, there shall be a third twelve-foot (12') lane for straight traffic.

      3.   Typical non-residential driveway width shall be forty feet (40') (one sixteen foot (16') ingress lane and two twelve foot (12') egress lanes) with a maximum established at fifty-two feet (52') when approved by the Planning Commission.

      4.   The Planning Commission may approve varied widths based on site specific and project specific conditions and traffic safety. (Ord. 2019-04, 10-16-2019)

   A.   Commercial Zoning Districts: The following standards apply to all development in the CC, CG, HT, PUB, REC zoning districts.

      1.   Number of Driveways: One driveway is allowed per lot or one driveway per three hundred feet of street frontage, whichever is greater, unless a greater number is approved by the City Engineer.

      2.   Driveway Width: The maximum width of a driveway providing access to public right-of-way is forty feet (40'). The Planning Commission may require that driveways wider than twenty four feet (24') be constructed with a landscape island or divider median to separate ingress and egress traffic.

      3.   Driveway Spacing: Driveways shall be spaced at least one hundred feet (100') from other driveways and street intersections, unless otherwise approved by the City Engineer. Spacing is measured from nearest edge to edge.

   B.   Industrial Zoning Districts: The following standards apply to all development in the IND zoning district.

      1.   Number of Driveways: One driveway is allowed per lot or per three hundred feet (300') of street frontage, whichever is greater, unless otherwise approved by the City Engineer.

      2.   Driveway Width: The maximum width of a driveway providing access to public right-of-way is fifty-two feet (52'). The Planning Commission may require that driveways wider than twenty-four feet (24') be constructed with a landscape island or divider median to separate ingress and egress traffic.

      3.   Driveway Spacing: Driveways shall be spaced at least one hundred feet (100') from other driveways and street intersections, unless otherwise approved by the City Engineer. Spacing is measured from nearest edge to edge. (Ord. 2019-04, 10-16-2019)

   A.   Purpose and intent: Fences and walls are part of the built environment and visual make-up of the City. This section is intended to provide development standards for fencing specific within the City.

   B.   Applicability: The standards of the chapter apply to all public and private development, unless otherwise specifically stated in this chapter.

   C.   Exemption: Government incarceration facilities, impound lots, and agricultural operations or similar land uses.

   D.   Fence Height: Fence or wall height shall be measured from the highest existing grade within a ten foot (10') radius of the proposed fence location. It is prohibited to build grade up to a higher level in order to increase the allowed fence height. Fence and wall heights shall be as follows;

      1.   For all Residential zoning districts, fences, and walls shall be a maximum of three feet (3') tall within the front setback. Fences and walls shall be a maximum of six feet (6') tall within the rear and side setbacks behind the front plane of the primary structure. Lots with multiple street frontages may install a six foot (6') tall fence or wall at a twelve foot (12') setback from the property line on the side(s) yard other than the declared front yard.

      2.   For all non-residential zoning districts, fences, and walls shall be a maximum of three feet (3') tall within the front setback and a maximum of eight feet (8') tall in the rear and side setbacks behind the front plane of the primary structure. Lots with multiple street frontages may install a six foot (6') tall fence or wall at a twelve foot (12') setback from the property line on the side(s) yard other than the declared front yard.

   E.   Fence Standards:

      1.   Location: Fences and walls shall be installed outside of the Site Distance Triangle. All fence and wall sections shall be installed outside of Public Rights-of-Way.

      2.   Replacement and Repair: The property owner is responsible to repair, replace or remove any unsafe or structurally unsound sections of fencing or walls. If a fence or wall is more than twenty (20) degrees beyond plumb it shall be considered structurally unsafe and correction or removal will be required.

   F.   Prohibited Fences: The following fences shall be prohibited in all zoning districts unless otherwise specifically authorized:

      1.   Razor Wire.

      2.   Barbed Wire (unless associated with agricultural operations).

      3.   Electrically Charged Fencing (unless associated with agricultural operations).

      4.   Chain Link Fence within the front setback.

      5.   Highly reflective or metallic fencing or wall materials.

   G.   Fence Permits:

      1.   All fences and walls shall have a permit issued by the Planning Commission prior to installation. Failure to obtain a fence permit may result in enforcement actions pursuant to Chapter 10-60;

      2.   Permit applications shall require dimensioned drawings showing the layout and location of all proposed fences and walls;

      3.   Permit applications shall indicate fence height and materials for all proposed fence sections;

      4.   Some fences or walls may require an additional approval from the Planning Commission, the Historic Preservation Committee, or both.

      5.   Inspections: Inspections may be required upon receiving a citizen complaint, or if determined to be unsafe by the Chief Building Official.

(Ord. 2019-04, 10-16-2019)

   A.   Purpose And Intent: Trails are an essential part of the infrastructure of Wellsville City. They provide transportation options, improve pedestrian and cycling circulation, decrease vehicle congestion, promote healthy recreational activity and connect people to nature. Trails shall be integrated into existing roadway corridors, along existing waterways and through undeveloped natural areas of the City to create an efficient trail network connecting neighborhoods, schools, churches, commercial areas, industrial parks and adjacent regional recreational lands.

   B.   Applicability: These standards apply to all public and private development, new construction, subdivisions and major remodeling unless otherwise specifically stated in this chapter.

   C.   Exemption: Minor improvements to existing development that do not result in more than a ten percent (10%) increase in a building floor area are exempt from the standards of this chapter.

   D.   Trail Standards:

      1.   Urban Trails: Urban Trail design shall conform to the adopted road/walk/trail cross sections within the Design Standards and Construction Specifications.

      2.   Primitive Trails: Primitive Trail Design shall conform to the Design Standards and Construction Specifications. Primitive Trail networks should follow natural systems and corridors and make connections to adjacent regional trail systems. Trail layout shall minimize impacts on significant environmental features.

   E.   Trails Master Plan shall identify existing and proposed trail locations. The Plan shall identify Urban and Primitive Trail designations and shall assign priority rankings to all proposed trails sections based on contiguous length created, ease of construction and overall network connectivity. See figure 10-36-16.

   F.   Implementation Of Trails:

      1.   Dedicated trail projects independent of new developments, subdivisions and major remodeling determined eligible by the Planning Commission shall have trails sections constructed as per priority ranking and as funding and resources become available to the Park Recreation.

      2.   New public and private development, subdivisions and major remodeling projects increasing the finished floor area by more than ten percent (10%) and determined eligible by the Planning Commission shall follow locations and connections shown on the Trails Master Plan. Private trails shall connect to nearby or adjacent trails systems as may and/or exist or as shown on the trials master plan.

(Ord. 2019-04, 10-16-2019)

   A.   Purpose: The additional requirements for Self-Storage uses are intended to ensure that this form of storage unit project is developed to reduce adverse consequences on surrounding properties and require that the long-term appearance of storage units is maintained.

   B.   Standards: The following standards are required for Self-Storage development:

      1.   All other development standards as required in Title 10.

      2.   Specific requirements of the zone where proposed to be located and where allowed.

      3.   Standard screening and setback requirements shall be increased by one hundred percent (100%). Storage of any kind is prohibited in required setbacks.

      4.   All outside storage shall be located at the rear of the property, completely screened from public view by a solid screen fence approved through a design review permit.

      5.   Storage units adjacent to any public roadway shall be single loaded with the back of the units facing the street and doorways of the units facing inward toward other storage units.

      6.   Front yard setbacks shall be landscaped and screened with a combination of deciduous and coniferous trees and shrubs to cause at least a fifty percent (50%) screen within five (5) years. Trees must be planted at two and one-half inch (2-1/2") caliper. Shrubs must be planted at least five (5) gallon nursery stock.

      7.   All side yard and rear yard setbacks shall be landscaped and screened with a combination of deciduous and coniferous trees and shrubs to cause at least a twenty five percent (25%) screen within five (5) years. Trees must be planted at one and one-half inch (1-1/2") caliper. Shrubs must be planted at least one (1) gallon nursery stock.

      8.   Building design and must meet all requirements of sections 10-18-1 and 10-18-8.

      9.   All setbacks are required to be irrigated by an automatic sprinkler irrigation system.

      10.   The developer shall landscape and grade the street facing frontage using one of the following options:

   Figure 10-36-40 Options for Design of Self Storage

(Ord. 2019-04, 10-16-2019)

   A.   Purpose: The purpose of this section is to establish reasonable and uniform regulations to prevent the concentration of adult-oriented businesses or their location in areas deleterious to the City, regulate the signage of such businesses, control the adverse effects of such signage, and prevent inappropriate exposure of such Chapter 10-36 Development Standards businesses to the community. The chapter is to be construed as a regulation of time, place, and manner of the operation of these businesses, consistent with the United States and Utah Constitutions.

   B.   Location of Businesses - Restrictions:

      1.   Adult oriented business shall be conditionally permitted in the Industrial (IND) district subject to the provisions of this chapter.

      2.   No adult-oriented business shall be located:

         a.   Within one thousand feet (1,000') of any school, public park, library, or religious institution;

         b.   Within one thousand feet (1,000') of any residential use (no matter which zoning district) or residential zoning boundary;

         c.   Within six hundred feet (600') of any other adult-oriented business;

         d.   Within six hundred feet (600') of any gateway or gateway corridor as identified in this Title and the General Plan. The distance shall be measured from the edge of the right-of-way.

      3.   Distance requirements between structures and uses specified in this section shall be measured in a straight line, without regard to intervening structures or zoning districts, from the perimeter property boundaries of the school, public park, religious or cultural activity, residential use, or other adult-oriented business, or from the edge of right-of-way of a gateway to the structure of the adult-oriented business.

      4.   Distance requirements from zoning districts for this section shall be measured in a straight line, without regard to intervening structures or zoning districts, from the closest zoning boundary of a residential or agricultural district to the adult-oriented business structure.

   C.   Effect on Non-Conforming Businesses: All lawfully established, legally existing, non-conforming adult-oriented businesses, shall comply with the provisions of this chapter by December 31, 2014, except in the case in which a business is required to be relocated. In such cases where relocation is required for conformance with this section, the business shall have complied by December 31, 2015.

   D.   Signs: Signs for adult-oriented businesses shall be subject to the limitations of this section regardless of standards within Chapter 10-40 of the Wellsville Municipal Code.

      1.   No more than one exterior building-mounted sign shall be permitted;

      2.   No sign shall exceed eighteen (18) square feet in total sign area;

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

      4.   No descriptive art or designs depicting any activity related to or inferring the nature of the business shall be permitted on any sign. Signs shall contain alphanumeric copy only.

      5.   Only flat wall signs shall be permitted; awnings shall be permitted only to display the street number in letters or numbers no greater than eight inches (8") in height;

      6.   Painted wall advertising shall not be allowed

      7.   Other than the signs specifically allowed by this chapter, the adult-oriented business shall not attach, construct, or allow to be attached or constructed any temporary sign, banner, light, or other device designed to draw attention to the business location. (Ord. 2019-04, 10-16-2019)

   A.   General: In all new residential subdivisions, mailboxes shall be installed by the subdivider in clusters of locked mailboxes (groupings of multiple mailboxes) as approved by the United States Postal Service and the City.

   B.   Location: Mail boxes shall be located as required by the U.S. Postal Service as specified in current regulations of the Salt Lake District. The mailboxes shall not reduce the intended width of the public sidewalk. The developer shall show the location of the clusters of locked mailboxes on the preliminary plat and on the final plat of all subdivisions. The clusters of locked mailboxes may be in the City right-of-way, but they shall not be dedicated to the City. The placement of the Cluster Mailbox shall avoid underground utilities to the greatest extent possible.

   C.   Maintain Plan Required: The subdivider shall submit a maintenance plan for the cluster of locked mailboxes along with his application for the approval of the final plat for the subdivision. (Ord. 2019-04, 10-16-2019)

The purpose of this chapter is to establish standards for the development of parking facilities, access to private and public property, and ensure public health and safety with facilities which safely accommodate vehicles, bicycles, and pedestrians. (Ord. 2019-04, 10-16-2019)

   A.   Applicability:

      1.   New Development: The off-street parking standards of this chapter apply to any new development and to any new use established.

      2.   Expansions and Alterations: The off-street parking standards of this chapter apply when an existing structure or use is expanded or enlarged. Additional off-street parking spaces shall be required only to serve the enlarged or expanded area, not the entire building or use. The decisionmaking body may require increases in parking for non-conforming parking areas when found necessary to ensure adequate off-street parking.

         1.   A business which was required to provide 10 parking spaces vacates its site. A new business or use which then occupies the site requires 15 parking spaces. The new business is required to provide 5 more parking spaces.

         2.   A business has 8 parking spaces. The current code requires 10 spaces. The business vacates and a new business opens requiring 15 spaces. The new business only needs to provide 5 additional parking spaces. It is not required to resolve the deficiency of legally existing non-conforming parking spaces. Only a total of 13 parking spaces need be provided.

      3.   Change of Use: Off-street parking shall be required for any change of use or change of operation that would result in a requirement for more parking than the existing use. Additional parking shall be required only in proportion to the extent of the change, not for the entire building or use.

      4.   Areas for deliveries and loading shall be required, as a part of any required permit, to ensure that loading and deliveries do not constrain fire access, street safety, or use public streets for deliveries.

   B.   No Reduction Below Minimums: Existing parking spaces shall not be reduced below the minimum requirements in this chapter. Any change in use that increases applicable off-street parking requirements will be deemed a violation of the Land Use Regulations unless parking is provided in accordance with the provisions of this chapter. (Ord. 2019-04, 10-16-2019)

   A.   Off-Street Parking Requirements: The "Off-Street Parking Schedule" Table 10-38-4 lists the minimum off-street parking requirement for each use category defined in the Land Use Regulations. These requirements apply unless an Alternative Parking Plan is reviewed and approved in accordance with Section 10-38-6. (Ord. 2019-04, 10-16-2019)

The following rules apply when computing off-street parking and loading requirements:

   A.   Multiple Uses Lots containing more than one use shall provide parking in an amount equal to the total of the requirements for all uses. The decision-makers may award a reduction of not more than fifteen percent (15%) when it can be found that the uses within the business or development share general customer traffic.

   B.   Fractions When measurements of the number of required spaces result in fractions, any fraction of one-half or less will be disregarded and any fraction of more than one-half will be rounded upward to the next highest whole number.

   C.   Area Measurements Unless otherwise specifically noted, all square footage-based parking and loading standards are to be computed on the basis of gross floor area.

   D.   Occupancy-Based Standards For the purpose of computing parking requirements based on employees, students, residents or occupants, calculations shall be based on the largest number of persons working on any single shift, the maximum enrollment or the maximum fire-rated capacity, whichever is applicable and whichever results in the greater number of spaces.

   E.   Unlisted Uses Upon receiving a development application for a use not specifically listed in an off-street parking schedule, the Planning Commission shall apply the off-street parking standard specified for the listed use that is deemed most similar to the proposed use or require a parking study in accordance with this chapter.

   Table 10-38-4: Parking by Land Use Category

 

(Ord. 2019-04, 10-16-2019)

An Alternative Parking Plan is a proposal to meet vehicle parking needs by means other than providing parking spaces on-site in accordance with the ratios established in this chapter. Proponents who wish to provide a greater amount (up to a maximum of one hundred and twenty five percent (125%) of the required parking stalls), or a reduced amount (to a minimum of seventy five percent (75%) of the required parking stalls) of off-street parking spaces than required shall secure approval of an Alternative Parking Plan, in accordance with the standards of this section.

   A.   Procedures:

      1.   Plan Contents. Alternative Parking Plans shall be submitted in a form established by the Planning Commission. At a minimum, such plans shall detail the type of alternative proposed and the rationale for such a proposal. Plans shall be prepared by a professional appropriately licensed by the State of Utah.

      2.   Review and Approval:

         a.   Small Facilities: The Planning Commission is authorized to review and act on Alternative Parking Plans if the plan proposes a reduction or decrease of ten percent (10%) or fewer off-street parking spaces.

         b.   Large Facilities: Alternative Parking Plans that propose a reduction or increase of six (6) or more off-street parking spaces from the required amount require review and action by the decision-maker.

      3.   A parking study shall include estimates of parking demand based on recommendations of the Institute of Traffic Engineers (ITE) Parking Generation Manual, or other acceptable estimates as approved by the Department of Public Works, and should include other reliable data collected from uses or combinations of uses that are the same as or comparable with the proposed use. Comparability wilt be determined by density, scale, bulk, area, type of activity, location, or parameters of the use that may be estimated to parking requirements.

      4.   The study shall document the source of data used, and methods used to develop the recommendations. After reviewing the parking study, the Planning Commission and City Engineer shall establish a minimum off-street parking standard for the proposed use.

      5.   Recordation of Approved Plans: A copy of an approved Alternative Parking Plan shall be submitted to the County Recorder's office for recordation. An Alternative Parking Plan may be amended by following the same procedure required for the original approval.

      6.   Appeals of the administrative decision may be made to the Board of Adjustment in accordance with the procedures of Chapter 10-57.

   B.   Transportation Management Program: The Planning Commission may authorize an alternative to the number of required off-street parking spaces for developments or uses that institute and commit to maintaining a Transportation Management Program, in accordance with the standards of this section.

      1.   Required Study: The applicant shall submit a study that clearly indicates the types of transportation management activities and measures proposed.

      2.   Posting and Distribution of Information: The distribution and posting of information from transit agencies and other sources of alternative transportation shall be a minimum requirement of this subsection.

      3.   Transportation Management Activities: There is no limitation on the types of transportation management activities for which reductions may be granted from otherwise required off-street parking ratios. The following measures will serve as a guide to eligible transportation management activities:

         a.   Transportation Coordinator: The appointment of a Transportation Coordinator with responsibility for disseminating information on ride-sharing and other transportation options may be cause for a reduction in otherwise applicable off-street parking requirements. In addition to acting as liaisons, Transportation Coordinators shall be available to attend meetings and training sessions with the City or transit providers.

         b.   Off-Peak Work Hours: Employers that institute off-peak work schedules, allowing employees to arrive at times other than the peak commute periods as defined by the City Engineer, may be eligible for a reduction in otherwise applicable off-street parking requirements.

         c.   Preferential Parking: The provision of specially marked spaces for each registered car pool and van pool may be cause for a reduction in otherwise applicable off-street parking requirements.

         d.   Financial Incentives: The provision of cash or in-kind financial incentives for employees commuting by car pool, van pool and alternative transit may be cause for a reduction in otherwise applicable parking requirements.

   C.   Off-Site Parking: Required parking may be located off-site, if approved as a part of an Alternative Parking Plan and in compliance with all of the following standards:

      1.   Ineligible Activities: Off-site parking may not be used to satisfy the off-street parking standards for residential uses (except for guest parking), restaurants, convenience stores or other convenience-oriented uses. Required parking spaces reserved for persons with disabilities may not be located off-site.

      2.   Location: Off-site parking may be located within a six hundred (600)-foot radius from the use served. Off-site parking spaces may not be separated from the use served by a street right-of-way with a width of more than one hundred twenty feet (120'), unless a grade-separated pedestrian walkway or other traffic control or safety device is provided.

   D.   Agreement For Off-Site Parking: Off-site parking requires a written agreement that shall run with the land and which shall be recorded. A signed, notarized copy of the agreement between the owners of record shall be submitted to the Planning Commission for review and approval. Recordation of the agreement shall take place prior to the issuance of a building permit for any use to be served by the off-site parking area. An off-site parking agreement may be revoked only if required off-street parking spaces are provided in conformance with the provisions of this chapter.

   E.   Shared Parking: Developments or uses with different operating hours or peak business periods may share off-street parking spaces if approved as part of an Alternative Parking Plan and if the shared parking complies with all of the following standards.

      1.   Location: Shared parking spaces shall be located within a 600-foot radius of all uses served.

      2.   Shared Parking Study: A parking study prepared by a professional appropriately licensed by the State of Utah shall be submitted to the Planning Commission that clearly demonstrates the feasibility of shared parking. At a minimum, the study shall address the size and type of the proposed development, the composition of tenants, the anticipated rate of parking turnover and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces.

      3.   Agreement for Shared Parking: A shared parking agreement shall be enforced through written agreement among all owners of record. A signed, notarized copy of the agreement between the owners of record shall be submitted to the Planning Commission for approval prior to recordation. Recordation of the agreement shall take place prior to the issuance of a building permit for any use to be served by the off-site parking area. A shared parking agreement may be revoked only if required off-street parking spaces can be otherwise provided, in conformance with the provisions of this chapter. (Ord. 2019-04, 10-16-2019)

The decision-making body may approve or conditionally approve as part of a design review permit parking in excess of the maximum allowable stalls per this Section upon substantiating all of the following findings:

   A.   Demand for excess parking is ongoing and not based on a peak day, holiday or seasonal event.

   B.   Unique parking needs do not allow necessary parking to be reasonably provided based on the requirements of this Section.

   C.   A Performance Landscape Plan has been submitted which demonstrates that the site can accommodate additional landscaping to compensate for and mitigate the impact from additional stalls. (Ord. 2019-04, 10-16-2019)

   A.   Based on specific site requirements and business operations, the following table shall be used as a guide for the recommended stacking capacity:

   Table 10-38-7: Minimum Stacking Lanes, Number of Vehicles

 

   B.   Standards for Design and Layout apply to all drive-through facilities. Required stacking spaces are subject to the following design and layout standards:

      1.   Stacking space shall be a minimum of eight feet (8') by sixteen feet (16') in size.

      2.   Stacking spaces shall not impede on- or off-site traffic movements or movements into or out of off-street parking spaces.

      3.   Stacking spaces shall be separated from other internal driveways with raised medians, as deemed necessary by the City Engineer for traffic movement and safety. (Ord. 2019-04, 10-16-2019)

   A.   Onsite: Except as specifically stated in this chapter, required off-street parking spaces shall be located on the same lot as the primary use.

   B.   Residential Zoning Districts:

      1.   Parking shall not be located within the front setbacks.

      2.   For attached dwelling units, parking {not located within an attached garage) shall be separated from the dwellings by a landscape area. No parking shall be located between the street and the structure.

      3.   If there are no conforming locations on a lot for parking in residential districts, a parking pad may be situated in the side setback, provided that it is no closer than two (2) feet to the adjoining property line. No carport, canopy, or cover shall be permitted (see additional requirements Section 10-44-7J).

   C.   No Heavy Vehicle Storage in Residential Districts: The parking or storage of any commercial truck or truck trailer is prohibited in Residential Districts except when located outside of front yards, setbacks and public rights-of way, or located within a residential garage. This prohibition does not apply to vehicles making deliveries or pick-ups.

   D.   Parking of Recreational Vehicles: No recreational vehicle shall be parked within the public right-of-way, or if there is an adjoining driveway, no recreational vehicle shall be parked in a sight distance triangle of fifteen (15) feet from the front property line.

   E.   Outside storage or parking of more than two (2) unregistered vehicles or trailers is prohibited in all residential zoning districts.

(Ord. 2019-04, 10-16-2019)

   A.   Onsite Parking Required: A commercial and industrial development shall be required to provide adequate parking onsite except as noted:

      1.   Within the Town Center district in Downtown Wellsville where there is no physical location for onsite parking, businesses may provide parking at offsite locations in conformance with this chapter, or businesses may contribute a proportional share of the cost of developing offsite parking, if approved.

      2.   Businesses in any zone may contract or lease offsite parking or obtain parking easements at locations conforming to the requirements of this chapter.

      3.   If a right-of-way parking permit has been obtained in conformance with the Wellsville City Code, the parking identified in the permit shall count or be part of the parking requirements of this chapter.

   B.   Location of Parking:

      1.   On-site parking must be located in the side or rear yard areas.

      2.   Legally existing non-conforming parking lots must meet current landscaping standards upon a change of use or significant change or alteration. See Sections 10-39-2 through 10-39-4.

   C.   Driveway Widths: Maximum driveway width in commercial and industrial zones shall be fifty-two feet (52').

   D.   Parking Lot Design: Parking lots and parking spaces shall be designed and maintained in conformance with the standards shown in Figure 10-38-9. (Ord. 2019-04, 10-16-2019)

All new development or change of use shall install parking for bicycles as required in Table 10-38-4 of the Code. Required bicycle parking areas are subject to the following design and layout standards:

   A.   Bicycle parking shall be provided with racks that allow the frame and one wheel to be locked to the rack with a high security, U-shaped lock.

   B.   Racks shall be clearly visible and accessible, but should not interfere with pedestrian traffic or other site furnishings.

   C.   Parking areas shall be well-lit for theft protection, personal security and accident prevention. Exterior lighting shall meet the standards in Section 10-36-10 of the Land Use Regulations.

   D.   Location of bicycle parking shall be separated from vehicle parking and roads with space and physical barriers in order to prevent potential damage to parked bikes and/or vehicles. Bicycle parking shall not be located on sidewalks or in areas that obstruct pedestrian traffic flow.

   E.   Use existing overhangs or covered areas to provide weather protection for parking areas.

   F.   Bicycle parking spaces shall be calculated based on their manufacturer's recommended use of the product. (Ord. 2019-04, 10-16-2019)

Off-street parking for persons with disabilities shall be provided in accordance with the Americans with Disabilities Act (ADA) and the Uniform Federal Accessibility Standards. (Ord. 2019-04, 10-16-2019)

   A.   Use Of Parking Areas: Required off-street parking areas shall be used solely for the parking of licensed, motor vehicles in operating condition. Required spaces may not be used for the storage of vehicles, boats, motor homes, campers, mobile homes, or building materials.

   B.   Use Of Parking Areas For Temporary Events And Sales:

      1.   A portion of a parking lot that allows at least seventy-five percent (75%) of the remaining legal parking spaces to be used for parking in conformance with the standards of this chapter may be set aside for purposes of a temporary event, such as a "tent sale," "sidewalk/parking lot sate," or other permitted activity. These events may not exceed seven consecutive days in length while not occurring more than once each calendar quarter, or may not exceed two consecutive days while not occurring more than three times each calendar quarter,

      2.   The property owner and operator of the licensed business at the location are jointly responsible for ensuring that events blocking parking lots do not result in unsafe traffic or circulation conditions and ensures that there is adequate fire and emergency vehicle access. The Police Chief, Fire Chief or their designee may order the event cancelled and removed without hearing or notice if found that the arrangement of the temporary event or sale interferes with safe flow of traffic or emergency vehicle access to a site.

      3.   The property owner, business licensed at the site, and entity responsible for the event are jointly responsible for ensuring there is adequate parking at the event site. The use of public right-of-way for event parking is prohibited. Parking arrangements may be made for use of adjoining or nearby parking areas within a six hundred foot (600') radius, but a copy of the agreements shall be in writing and filed with the Planning Commission at least two (2) working days prior to the event.

   C.   Long-Term Vendors Located In Parking Lots:

      1.   A business license for the temporary long-term use of a parking lot for a vendor (example and not limited to: Christmas trees, fireworks, snow cone sales, ice cream sales, seasonal food sales) that will be located in the parking lot for more than seven consecutive days may be permitted by the Planning Commission provided that a copy of a written agreement for use of the parking area is submitted to the Planning Commission prior to the establishment of the use.

      2.   A site plan showing the location of the facility and an indication of the total number of existing spaces in the parking lot and parking to be removed by the vendor shall be submitted to the Director.

      3.   Depending on the design of the parking area and location of the long-term vendor, the Planning Commission may require parking spaces in the area of the vendor to be re-striped for purposes of providing parking or accommodating safe traffic flows.

      4.   A portion of a parking lot that allows at least ninety-five percent (95%) of the required parking spaces, for general usage, in conformance with current zoning standards may be used by long-term vendors.

   D.   Temporary Vendors on Undeveloped Sites: The use of undeveloped sites for parking or sales by temporary vendors shall be prohibited. Temporary vendors may utilize undeveloped portions of appropriately zoned properties provided that the property owner creates an approved right-of-way access, a paved surface for the area as approved by the Planning Commission and the City Engineer, parking needed by the vendor, and landscaping. The Planning Commission may approve the design and landscaping for temporary vending.

   E.   Shopping Cart Corrals: Cart corrals or similar facilities shall not be permitted to replace required parking. New development shall identify cart corral or collection areas on the site plan. (Ord. 2019-04, 10-16-2019)

Access and driveways shall conform to the standards as outlined in Chapter 10-37 of the Land Use Regulations. (Ord. 2019-04, 10-16-2019)

Landscaping for parking lots shall conform to the standards as outlined in Chapter 10-39 of the Land Use Regulations. (Ord. 2019-04, 10-16-2019)

Setbacks for parking shall conform to the standards as outlined in Chapter 10-39, Table 10-15-1, Table 10-18-1 or Table 10-21-1 of the Land Use Regulations. (Ord. 2019-04, 10-16-2019)

This chapter provides standards for landscaping of all new or redeveloped projects within the City. These standards do not apply to single family detached homes, except where new residential development abuts U.S Highway 89/91 or as may be otherwise required in Title 10 or Title 11. It is intended to ensure that the policies of the General Plan related to increasing the attractiveness of the City and enhancing neighborhood character includes appropriate landscaping.

The General Plan sets forth general requirements for the maintenance of community character and further establishes general requirements for growth and development that is consistent with the character of the City. The Land Use Regulations, of which this chapter is apart, establishes specific and detailed regulations that implement the purposes of the General Plan. Specifically, the General Plan states the following which guide the detailed regulations of this Chapter 10-39 Landscaping:

   A.   Required Landscaping:

      1.   Required landscaping shall be installed in all yard areas, along the perimeter of the lot, around buildings, and all other portions of the property not specifically utilized for walkways, driveways, parking, loading, or other functions for which landscaping may not be practical as determined by the decision-makers.

      2.   Lawn areas in new commercial, industrial, institutional, and multi-family development common area landscapes shall not exceed twenty percent (20%) of the total landscaped area, except for lawn areas required for active recreation.

(Ord. 2019-04, 10-16-2019; amd. Ord. 2023-04, 4-19-2023)

 

 

      4.   A variety of tree species shall be provided in conformance with Table 10-39-5E.

   Landscaping in public rights-of-way should be designed to conserve water, use drip irrigation systems and use plants that conserve water._ All streets, either public or private, shall provide a planted landscaped park strip to City specifications, and be perpetually maintained by the adjacent property owner. Plantings within the right-of-way or park strip will not count towards meeting the performance landscape requirements of Section 10-39-5 .

   A.   Street trees shall be planted within the entire parkstrip adjacent or abutting the development frontage at a uniform spacing of thirty feet (30') on center. If no parkstrip exists, trees shall be planted adjacent to the roadway edge located as required in Standards and Specifications of the City of Wellsville. Tree size, species, and locations shall be approved by the Planning Commission and shall be included in the Landscape Plan (Section 10-39-5).

   B.   Landscaping in park strips shall be installed and maintained as follows:

      1.   In all park strips, street trees are required as 10-39-6-A.

      2.   Plants, including trees, shall be irrigated with water conserving irrigation systems.

      3.   Parks strips shall be planted with live plantings of shrubs and ground cover which will grow to cover at least fifty (50) percent of the total area of the park strip when the plants mature. Shrubs and other plant material located within all park strips shall not exceed three feet (31) in height at maturity. Potential hazardous plant material containing thorns or spikes shall be prohibited in the park strip. When calculating park strip coverage percentage areas, plants may be measured at mature spread excluding street trees.

      4.   In new residential development the follow is required:

         a.   No lawn shall be planted in park strips less than eight (8) feet in width.

         b.   No more than fifty (50) percent of the front and side yard landscaping may be lawn. Lawn limitations do not apply to small residential lots with less than two hundred-fifty (250) square feet of landscaped area in the front yard.

   C.   Stone, gravel, mulch, or other decorative hardscape materials shall not exceed fifty percent (50%) of the park strip area ground cover. Decorative boulders and similar features shall be less than eighteen inches (18") in height. Poured concrete, asphalt or other similar solid surface paving is prohibited within the park strip, except for driveway approaches and adjacent commercial uses.

(Ord. 2019-04, 10-16-2019; amd. Ord. 2023-04, 4-19-2023)

The purposes of these sign regulations are to encourage the effective use of signs as a means of communication in the City; to fulfill a community-wide goal to protect the aesthetic quality of the community; to minimize the possible adverse effect of signs on nearby public and private property; and to enable the fair and consistent enforcement of these sign regulations. (Ord. 2019-04, 10-16-2019)

The provisions of this section apply to all types of signs, except:

   A.   Official public notice, traffic control, warning, or safety signs as required by law;

   B.   Appropriately displayed official flags of any country, federal agency, state, county, or City government;

   C.   Any sign located within a building and not visible from a public street;

   D.   Display of actual merchandise within display windows in commercial buildings;

   E.   Identification sign(s) or logo(s) applied to the outside surface of a vehicle, provided, only if the vehicle or trailer is not used as a sign as defined in Section 10-40-10 Prohibited Signs. (Ord. 2019-04, 10-16-2019)

   A.   Residential Zoning Districts and Residential Uses in Nonresidential Zones The following standards apply to all permanent residential signs without regard to the base zoning district. Churches, schools, parks, government facilities, and community services within residential zoning districts (RCA, RAC5, ROS1, ROS1/2, RSF, REC, A, FR ) are also regulated by this section and table 10-40-3A.

      1.   Sign types not listed in the following table are not permitted;

      2.   Only one reader board or message center is allowed per project;

      3.   All electronic message centers require a Design Review Permit prior to installation.

      4.   See also Sections 10-40-4 through 10-40-7 regarding sign measurement, placement, illumination, and permitting.

      5.   All new projects shall have signage areas and locations designated and approved as part of the Design Review Permit. Individual sign permits may be applied for as the tenant space fills up.

 

SDT - Site distance triangle, clear area forty (40) feet from corner intersection of property line (see Definitions, Chapter 10-62).

DR - Design Review Permit required (Chapter 10-50).

   B.   Nonresidential Zoning Districts: The following standards apply to all permanent signs in the commercial, industrial, public, and recreational zoning districts (CC, CGC, CG, CGC, HT, IND, RPD, PUB, REC) with the exception of residential uses (see Section 10-40-30A).

      1.   Sign types not listed in the following tables are not permitted;

      2.   Total facade signage is limited to ten percent (10%) of the first story facade area. Any number of separate building signs are allowable with the exception of reader boards and electronic message centers;

      3.   Only one reader board or electronic message display is allowed per project;

      4.   All electronic message displays require a Design Review Permit.

      5.   See also sections 10-40-4 through 10-40-8 regarding sign measurement, placement, illumination, permitting, and master signage plans.

      6.   All new projects shall have signage areas and locations designated and approved as part of the Design Review Permit. Individual sign permits may be applied for as the tenant space fills up.