(1) Accessory Structures located in Rear Yards may encroach into Side and Rear Yard setbacks as outlined in individual zones in Chapter 7-6.

(2) The ordinary projections of skylights, sills, belt courses, Cornices, chimneys, flues and other ornamental features may encroach no more than three feet into Front, Side and Rear Yard setbacks. Such projections shall maintain at least a six-foot Side Yard setback.

(3) Bay or box windows not more than 10 feet long and not more than two feet deep may encroach into Front, Side and Rear Yard setbacks. Bay or box windows shall maintain at least a six-foot Side Yard setback. No more than one bay or box window is allowed for every 20 feet of length of a Façade.

(4) Exterior stairways and fire escapes required for egress may encroach no more than four feet into side and rear setbacks. Such projections shall maintain at least a six-foot Side Yard setback.

(5) Uncovered steps or an open porch leading to the main Entrance may encroach into the Front Yard setback provided they maintain at least a 20-foot Front Yard setback. Covered porches that are enclosed for interior living space shall not encroach into the Front Yard setback.

(6) Window wells or Basement access ways may encroach into Rear Yard setbacks not more than four feet. Window wells or Basement access ways may encroach into Side Yard setbacks provided they maintain at least a two-foot Side Yard setback and are not adjacent to a Street. Window wells or Basement access ways may encroach not more than four feet into Side Yard setbacks that are adjacent to a Street.

(7) Satellite dishes may encroach into Rear Yard setbacks.

(8) Patio covers constructed in accordance with this Title may encroach into setbacks in accordance with Section 7-6-204.

(1) In addition to the other provisions contained in this Chapter, a clear view at the intersection of two Streets shall be maintained within a triangular area formed by a diagonal line connecting lines at the top back of the curbs 40 feet from the projected intersection of such curb lines. To maintain this clear view, the following standards shall apply:

(2) A clear view area shall also be maintained at the intersection of a Street and a private drive within a triangular area formed by a diagonal line connecting the line of the curb of the Street and the line of the edge of the private drive at points 20 feet from the projected intersection of such lines. In order to maintain this clear view, the standards outlined in subsection (1) above shall apply.

(1) General Provisions.

(2) Application Requirements. All Applicants for a Temporary Land Use permit shall submit the following:

(3) Temporary Land Uses Permitted. Only the following Uses are permitted as Temporary Land Uses:

(1) Buildings and land shall be used only in accordance with the requirements of this Title.

(2) A Certificate of Occupancy is required prior to any of the following:

(3) A Certificate of Occupancy shall not be issued for residential Buildings until permanent utility connections have been provided and approved.

(1) A six-foot-tall Fence may be constructed on or within property lines, as shown on the official plats maintained in the Office of the Salt Lake County Recorder, in Side and Rear Yards. This shall include Side Yards of Corner Lots. Permitted residential fencing materials are limited to vinyl, masonry, wrought iron style (metal), wood, hedges and chain-link. Fencing materials shall be of materials originally intended for fencing and shall not include materials intended for other purposes. Metal panels, barbed or razor wire, and livestock Fences are expressly prohibited in Residential Zones. Livestock fencing is permitted only in an Agricultural Zone or for the containment of Animals in association with an approved residential Nonconforming Use of Animals.

(2) In Front Yards, a 20-foot setback from the front property line shall be maintained for Fences over four feet in height. Fences four feet or less in height which are at least 50 percent transparent are allowed up to the front property line or, if a Sidewalk exists, up to the Sidewalk. No solid Fence over three feet in height shall be allowed closer than 20 feet to the front property line.

(3) Residential properties along Major or Minor Arterials shall adhere to either of the following regulations:

(4) For properties with frontage on 4100 South, all new Fences constructed in the Front Yard shall be black ornamental iron or aluminum metal fences with three rail panels, three- or four-inch air gaps between all posts and pickets, two-and-one-half-inch-wide posts, and three-quarter-inch-wide square pickets.

(5) Fence Height. Where there is a difference in the Grade of the properties on either side of a Fence or wall, the height of the Fence or wall shall be measured from the average Grade of the higher property. Average Grade shall be established based on elevations of finish Grade within five feet of the proposed Fence line. When a retaining wall exists at the property line, Fence height may be measured from the higher side of the wall. A Sound Wall may exceed the height standards when constructed next to a Major Arterial Street or Freeway. In the M zone, barbed wire atop a Fence constructed in compliance with all applicable ordinances shall not count toward Fence height.

(6) When requested, the Zoning Administrator may grant a waiver or modification of any height requirements of this Section upon finding that the waiver or modification will not circumvent the intent of the requirements.

(7) All Fences shall be maintained in good condition, at all times, by the Owner or occupant of the property. Fence maintenance shall meet the following standards:

(8) Masonry Walls required in this Title shall meet the following minimum thicknesses:

(9) Masonry Walls required in Sections 7-7-119 and 7-13-705 shall meet the following requirements:

(1) No commercial vehicles shall be stored or parked on any Lot or parcel within any Agricultural or Residential Zone, except while actually loading or unloading merchandise, nor shall any contracting and/or earth-moving equipment be stored or parked on any Lot or parcel in an Agricultural or Residential Zone, except during actual construction.

(1) The finished Grade of any Lot in any Subdivision in the City or any parcel to be used for the construction of any Building in the City shall be graded or contoured in such a manner that the Grade differential within three feet of a property line between Lot boundaries (for Lots within a recorded Subdivision) or between adjoining properties (for the perimeter boundaries of a Development site) does not exceed 18 inches of vertical height or a 2:1 slope.

(2) Where the Grade differential within three feet of a property line is greater than 18 inches of vertical height, or is in excess of a 2:1 slope, the developer shall install either a permanent Masonry Wall, a rock retaining wall, or other retaining type walls approved by the Building Inspection Division to provide sufficient lateral support and to control runoff waters from the elevated property. In no case shall fill be brought onto a site or that a site be excavated or graded in such a manner so as to violate the 18-inch Grade differential without the installation of a permanent retaining wall or Structure.

(3) In cases where the developer or property Owner selects to grade the site with a 2:1 slope, a mechanism to divert water from adjacent properties shall be used. This mechanism shall be reviewed and approved by the Public Works Department and Building Inspection Division.

(4) Permanent Yard grading for each residential Structure shall provide a minimum two percent positive slope 10 feet away from the dwelling.

(5) Permanent Yard grading and coordination of yard grading between properties shall be the responsibility of the property Owner.

(6) Any retaining wall within a residential or Commercial Development which has a Grade difference of greater than four feet shall require a building permit from the City Building Inspection Division. Plans for the retaining wall shall be approved by the City Engineer and Building Official, who may impose additional requirements to ensure that water will adequately and safely drain from above and around the subject property.

(1) This Section shall apply to all new development and to modifications to an existing site or Structure which has a material off-site impact and estimated construction costs exceeding $150,000.

(2) Where streetlights, street paving, curb, gutter or sidewalk is not installed in accordance with the City’s adopted Engineering Standards, the developer shall install said improvement at the time of construction.

(3) In lieu of immediate installation of the improvements described in subsection (2) above, the City Engineer may offer any or all of the following options at his or her sole discretion:

(1) Suitable and adequate refuse storage containers shall be provided and shall be closed by a permanent hinged cover. The cover shall be maintained in good working order and shall be kept closed except when containers are being filled or emptied.

(2) The Owner or lessee shall provide a sufficient number of containers such that refuse will be securely stored.

(3) All containers shall be kept at a location easily accessible by collection vehicles and refuse producers, with vehicle access from a paved surface. While collecting refuse, vehicles shall not obstruct any portion of the public Right-of-way.

(4) All outdoor refuse storage containers shall be enclosed by a six-foot-tall Masonry Wall with Attached solid barrier access gates. A maximum of a three-foot opening may be provided on the side or rear of an enclosure for pedestrian access to the refuse collection container. Enclosures shall not be constructed of unpainted concrete block or similar material. Where an enclosure was not originally required on a developed Lot, an enclosure shall be installed upon the issuance of a new business license on the developed Lot. For properties located within the M zone, enclosures for refuse storage containers shall not be required where the refuse storage containers meet all of the following requirements:

(5) No refuse storage containers shall be permitted between a Street property line and the minimum Building setback line or within 20 feet of an adjacent Agricultural Zone, Residential Zone, or residential Use.

(6) Refuse storage containers shall not obstruct clear view in any Development and shall be located in a manner permitting safe traffic circulation throughout the Development.

(1) Private swimming pools shall not be located closer than five feet to any Side or Rear Yard property line and shall be secured by a six-foot Fence with a self-closing and self-latching gate.

(2) Tennis courts and similar Uses shall be located in Rear Yards, shall be at least thirty feet from any dwelling on an adjoining Lot, and shall maintain a minimum ten-foot setback from any property line.

(1) Upon certification by the Zoning Administrator, a legally existing Two Unit Dwelling may be converted into a Twin Home by dividing the Lot. Each Dwelling Unit shall conform to all building, fire, health, parking and all other applicable requirements. If the Two Unit Dwelling has not been altered from when it was first constructed, the current setback, parking, Lot Width, and Lot area requirements may be waived. An application for Lot division certification shall be accompanied by a survey, prepared by a registered surveyor, showing Lot dimensions, Buildings, parking and any other information deemed necessary by the Zoning Administrator.

(2) In addition to the requirements listed above in paragraph 1 of this Section, the requirements listed below shall also apply to an application to divide a Two Unit Dwelling. The required improvements and any needed maintenance shall be completed prior to the property being divided.

(1) Development Agreements may be negotiated and executed between the City and a property Owner to set forth specific requirements for a Development.

(2) Development Agreements are solely and exclusively the legislative action of the City Council and shall only be entered into upon the express legislative judgment that the execution of a Development Agreement by the City would promote the health, safety, and welfare of the citizens of the City.

(3) Development Agreements may authorize the amendment of the standards set forth by the West Valley City Municipal Code in order to facilitate the goals set forth herein.

(4) Property Owners shall have no entitlement or right to a new Development Agreement, to the amendment of an existing Development Agreement, or to any particular term or restriction of a Development Agreement. Any execution, termination, amendment, extension, or substitution of a Development Agreement requires the voluntary consent of the property Owner and the legislative approval of the City Council.

(5) All Development Agreements shall be recorded with the Salt Lake County Recorder.

(6) All Development Agreements shall run with the land and shall be binding upon any subsequent Owners, successors, heirs, assigns, or agents of the Person entering into the Development Agreement.

(1) The following terms, when used in this Section, shall have the following meaning:

(2) Subject to the restrictions of this Section, the following Animals may be kept as Household Pets:

(3) Only Animals listed in subsection (2) above may be kept as Household Pets. Notwithstanding subsection (2) above, no Animal prohibited by federal, state, or local law may be kept as a Household Pet. Notwithstanding subsection (2) above, no poisonous or venomous Animal may be kept as a Household Pet.

(4) Notwithstanding subsection (2) above, roosters and crowing hens may not be kept as Household Pets.

(5) Household Pets shall be limited to no more than four Animals per address, including no more than two cats, no more than two dogs, and no more than two pot-bellied pigs. Kittens and puppies as defined in Section 23-1-102 do not count toward these limits.

(6) All Household Pets shall be maintained, controlled, and cared for as required by federal, state, and local law, including but not limited to the provisions of the West Valley City Municipal Code regarding Animal nuisances as set forth in Section 23-5-101.

(7) The provisions of this Section may be enforced as set forth in Title 10, including but not limited to the exercise of the authority set forth in Section 10-1-302. Civil penalties for violation of this Section are set forth in the Consolidated Fee Schedule.

(1) Any existing retail Building that is over 25,000 square feet in area and located within the CC, C-1, C-2, C-3 or M Zone shall be limited to the number of licensed tenants existing within such Building as of the effective date of this ordinance plus two additional tenants.

(2) Vacant tenant spaces within existing Buildings shall be counted toward the number of tenants allowed. Temporary licenses shall not be counted toward the number of tenants allowed.

(3) The provisions of this Section shall apply to all Buildings or portions of Buildings meeting the zone and size requirements set forth herein as of the effective date. This Section shall apply even if a future Subdivision of the property creates a Lot or parcel containing a portion of a Building smaller than 25,000 square feet.

(1) The following requirements apply to all private property located within 75 feet of the banks of the Jordan River:

(2) In the event that more than 10 percent of the total area of a parcel is within the 75 feet described in subsection (1) above, the Owner may apply to the Planning Commission for an exception to subsections 1(c) and 1(d) above.

(1) A Bathroom within a Dwelling Unit shall have no more than one toilet.

(2) A Bathroom within a Dwelling Unit shall have no more than one bathtub, shower, or bathtub and shower combination.

(3) There shall be no more than one door between a Bedroom and any kitchen, living room, dining room or family room that is on the same floor as the Bedroom. For example, an occupant of a Dwelling Unit must be able to move from a Bedroom to a kitchen, living room, dining room or family room on the same floor as the Bedroom by going through only one door.

(4) There shall be no more than one kitchen per floor.

(1) Artificial turf shall be at least 20 feet from where lawn is used.

(2) Artificial turf shall consist of green lifelike individual blades of grass that emulate natural turf in look and color, have a minimum pile height of one and one-half inches, and have a minimum face weight of 50 ounces per square yard. The minimum pile height for high traffic areas such as playgrounds may be reduced to one and one-quarter inches.

(3) Artificial turf shall have a minimum eight-year manufacturer’s warranty protecting against color fading and decrease in pile height. The use of indoor or outdoor plastic or nylon carpeting shall be prohibited.

(4) Artificial turf shall be properly anchored to ensure that the turf will withstand the effects of wind. All seams shall be nailed and glued, not sewn, and edges shall be trimmed to fit against all regular and irregular edges to resemble a natural look.

(5) Artificial turf shall not be installed over grass or other plants. Artificial turf shall also not be installed over dirt that is not covered by a minimum two-inch sub-base layer of aggregate, such as compacted gravel or crushed stone or a similar application designed specifically for artificial turf sub-base. Proper grading, compaction, and drainage shall be provided for all artificial turf installations to prevent excess runoff or pooling of water and artificial turf installations shall have a minimum permeability of 30 inches per hour per square yard.

(6) Artificial turf shall be visually level, with the grain pointing in a single direction.

(7) A solid barrier device such as a concrete mow strip, sidewalk, driveway, or bender board shall be required to separate artificial turf from planters, live vegetation, and property boundaries.

(8) Where artificial turf is installed adjacent to new trees or new shrubs, a minimum two-foot separation between the artificial turf and the tree trunks and shrubs shall be maintained to allow for plant growth.

(9) Artificial turf shall be cleaned regularly and maintained in an appropriate and neat manner. It shall be replaced if it is worn, uneven, discolored, or damaged.

(1) Any person may submit an application to amend the zoning ordinance to enact regulations concerning a new or unlisted use.

(2) If City staff determines that the proposed use is included in an existing use and creates no additional detrimental impacts, the City shall inform the applicant that the use is already regulated and direct the applicant to the applicable regulations. Staff decisions may be appealed as provided in this Title.

(3) If the new or unlisted use is not included in an existing use, the City shall submit the application to the Planning Commission for its recommendation. If the Planning Commission recommends denial, the applicant may appeal the recommendation to the City Council. The City Council’s decision is legislative in nature and the final decision of the City.