Regulations
At least 75% of the Building area shall be for retail sales.
The minimum Lot size for Agricultural Industry Uses with live animals shall be five acres.
Spacing requirements for Alcohol Establishments shall be determined by state law.
(1) No Alternative Financial Service Provider shall be located within 500 feet of any Agricultural Zone, Residential Zone, or residential Use.
(2) No Alternative Financial Service Provider shall be located within 1,000 feet of any other Alternative Financial Service Provider.
(3) No Alternative Financial Service Provider shall be located within 500 feet of any Regional Shopping Mall.
(4) One Alternative Financial Service Provider shall be allowed in the City for every 10,000 citizens of the City.
(5) Car Title Loan Businesses, Check Cashing Businesses, Pawnbrokers, and Unchartered Financial Service Providers are distinct land uses and cannot be substituted for one another if said Uses are nonconforming.
(1) All Automobile Service shall be conducted within an enclosed Building.
(2) Except as provided in subsection (3) below, inoperable vehicles, tires, parts, and service equipment shall not be stored outside.
(3) Inoperable vehicles awaiting service may be temporarily parked on site in accordance with the following standards:
a. Inoperable vehicles shall not be located within any minimum required parking stalls and drive aisles and shall not block any traffic flow.
b. Inoperable vehicles shall be screened from any adjacent streets by a building.
c. Inoperable vehicles shall have no visible exterior damage.
d. Inoperable vehicles must be located on asphalt or concrete.
Blood Plasma Centers shall be prohibited on all property with Frontage on Redwood Road and on 3300/3500 South between 2700 West and the Jordan River.
All Bus Terminals shall provide access to restroom facilities for customers, passengers, and operators.
(1) The following standards apply to all Cannabis Production Establishments and Medical Cannabis Pharmacies:
a. All outside areas of a Cannabis Production Establishment or Medical Cannabis Pharmacy site shall meet the minimum lighting levels for commercial uses set forth in Section 7-9-113.
b. A copy of an applicant’s state approved license application shall be submitted as part of the permitted or conditional use application.
(2) The following standards apply to all Cannabis Production Establishments:
a. There shall be no emission of dust, fumes, vapors, odors or waste into the environment from any facility where growing, processing and testing of cannabis occurs.
b. Spacing requirements set forth in state law shall apply.
(3) The following standards apply to all Medical Cannabis Pharmacies:
a. Spacing requirements set forth in state law shall apply.
b. A drive-through service shall not be allowed.
c. Outdoor seating areas shall be prohibited.
d. Outdoor vending machines shall be prohibited.
e. Permitted hours of operation shall be 8:00 A.M. to 8:00 P.M.
f. The maximum size of a Medical Cannabis Pharmacy shall be 3,000 square feet.
g. No more than one Medical Cannabis Pharmacy shall be permitted in the City for every 135,000 residents of the City, rounded down. For example, 270,000 residents would be required for a second Medical Cannabis Pharmacy to be permitted.
h. No cannabis products shall be visible from outside a Medical Cannabis Pharmacy building.
i. Signs for Medical Cannabis Pharmacies shall be limited to one Wall Sign on the front face of the building. Advertising standards set forth in state law shall apply.
j. No bars shall be placed on windows.
(1) Cargo Containers are not allowed in Residential Zones.
(2) Cargo Containers may be used in Agricultural Zones provided the following conditions are met:
a. The Cargo Container shall be located in the Rear Yard and meet the minimum required setbacks;
b. The Cargo Container shall be painted a solid neutral color such that all insignia, writing, or numbers on the Cargo Container are masked;
c. The Cargo Container is used for storage purposes only;
d. A minimum of one acre is required for each Cargo Container, with a maximum of two Cargo Containers allowed per Lot.
e. Cargo Containers shall comply with all applicable building codes.
(3) Temporary Residential Storage Containers are prohibited in Agricultural and Residential Zones except for moving purposes or construction and remodeling purposes. When a Temporary Residential Storage Container is used, it shall be:
a. Located out of the public Right-of-way,
b. Located on the subject property’s private driveway, unless used for new home construction or remodeling where the storage container may be located anywhere on the subject property provided it is not located on existing Landscaping.
c. Used for a maximum of 2 weeks (14 days) for moving purposes.
(4) Temporary Residential Storage Containers may be used for remodeling and construction purposes for a maximum of six (6) months in conjunction with a valid West Valley City building permit on the subject property.
(5) Cargo Containers may be used for storage in Commercial and Manufacturing Zones as follows:
a. Cargo Containers shall not be stacked on top of one another;
b. Cargo Containers shall be completely screened from view from any public Street through fencing, Landscaping, or Building placement;
c. Cargo Containers shall be located on concrete or asphalt; and
d. A building permit shall be obtained.
The minimum Lot size for Commercial Training of Animals shall be one acre.
(1) No Detention Facility/Jail shall be located within one quarter mile of any public or private School, Church, public library, Safe Route to School, public playground or park, Agricultural Zone, Residential Zone, or residential Use.
(2) The site shall have a buffer of at least 200 feet between the fenced compound and site property line. This buffer area may include xeriscape or turf Landscaping.
(3) No Detention Facility/Jail shall be located within 5 miles of any other Detention Facility/Jail.
(4) The Primary Façade of the facility must meet the West Valley City Commercial Design Standards.
(5) The landscaped setback along any public or private Right-of-way shall be at least 60 feet. The area shall include a 2-3' berm with one tree planted every 600 square feet. No more than 50% turf is allowed in this area and there must be a combination of 4 shrubs per tree with a mixture of living and non-living groundcover.
(6) The Applicant shall send a notice by mail to all property Owners or Persons operating a business within 300 feet of the property line of a proposed Detention Facility/Jail indicating the exact location of the property and its intended Use.
(1) It is unlawful for the keeper, manager or Person in charge of any Restaurant, Indoor Event Center, or Club Licensee to permit any singing, dancing, playing of musical instruments or any other form of amusement or entertainment to be carried on the premises when the closest point of the Building is within 500 feet of any Residential Zone or Use after ten o’clock (10:00) P.M. and before six o'clock (6:00) A.M. This restriction shall be extended to two o’clock (2:00) A.M. on January 1 for New Year’s Day.
(2) Parking Lots must be closed and vacated within thirty (30) minutes of closing by security Personnel.
(1) Outdoor Event Centers shall be located at least 300 feet from any Residential Use or Zone. This requirement shall not apply to the parking area associated with the Outdoor Event Center.
(2) Outdoor Event Centers located on the same property as a Regional Shopping Mall are a Conditional Use in the C-2 zone. The Planning Commission shall consider whether conditions, including but not limited to limits on the hours of operation and the location of sound emitting items, are necessary to minimize the impact of events on surrounding properties.
(1) Where stacking areas for drive-up windows are located along Street facing Façades of a Fast Food Establishment, a three-foot-tall Masonry Wall or three-foot landscaped berm shall be installed along the stacking areas.
(2) Where Fast Food Establishments with drive-up windows are located adjacent to a Residential Zone or Use, the order board, speakers, and pick-up window shall be located at least 50 feet from the nearest residential property line and any sound emitting from the order board, speakers, and pickup window shall not be audible from the nearest residential property line between 10:00 P.M. and 7:00 A.M.
(1) All Food Vending Units and Mobile Food Vending Vehicles shall be maintained in good condition and repair and constructed of surface materials that are smooth, easily cleanable, corrosion resistant, nontoxic, stable, non-absorbent of odors and constructed in accordance with the Salt Lake Valley Health Department regulations.
(2) A portable fire extinguisher Type 2A-10 BC minimum shall be mounted a minimum of three feet (3') away from any open flame or cooking area.
(3) In addition to the requirements of the National Electrical Code, the following provisions apply:
a. Extension cords used for power shall be U.L. listed for outdoor Use, sized for the connected electrical loads and protected by a circuit breaker.
b. Extension cords shall not be used in lieu of permanent wiring.
c. Electrical wiring exposed to the weather shall be U.L. listed for outdoor use.
d. Electrical receptacles shall have Ground Fault Circuit Interrupters.
e. All electrical wire splices shall occur inside a closed electrical box.
f. All lighting must have shatterproof bulbs or guards.
g. Electrical panels used for cooling, lighting, or power shall have a disconnecting means.
(4) LP (propane) tanks shall be mounted and secured outside of the vehicle/unit and shall be kept a minimum of three feet from any open flame. No freestanding propane bottles or bottles mounted in the interior of a vehicle/unit are permitted.
(5) When occupants cook inside the unit or vehicle, one 24” wide Exit door shall be provided with a minimum 24” clear Exit access aisle throughout the unit or vehicle interior.
(6) Any cooking conducted within an enclosed Structure producing grease vapors must have a Type 1 commercial cooking hood with a UL-300 wet suppression system complete with Type K extinguisher per NFPA 17A. The cooking hood shall be approved by the West Valley City Fire Department and annually inspected and tagged for compliance.
(7) Trash receptacles must be provided for patrons.
(8) Food Vending Units and Mobile Food Vending Vehicles shall be permitted only in a designated area on private property with another currently licensed and operational business on site.
(9) All signage shall be attached to the unit or vehicle.
(10) A Food Vending Unit shall not exceed a width of eight feet and a length of nineteen feet, including the hitch.
(11) Deep fat frying and related equipment shall be prohibited.
(12) An explosive gas detector and carbon monoxide alarm shall be mounted, operational, and installed in accordance with manufacturer instructions in all units.
(13) In Residential and Agricultural Zones, Food Vending Units and Mobile Food Vending Vehicles are prohibited unless accessory to an approved Community Use.
(1) All parking must be screened from view from adjoining properties.
(2) All greenhouses and Garden Centers must be located on a Street with at least 66 feet of existing Right-of-way or proposed Right-of-way on the Major Street Plan.
At least 75% of the Building area shall be for retail sales.
(1) All Home Occupations shall operate in accordance with the following requirements:
a. The outside appearance and architecture of the home shall not be modified to accommodate or promote a Home Occupation.
b. Home Occupations shall be conducted entirely within the home. No storage of merchandise, equipment, supplies, or materials shall occur outside of the home.
c. With the exception of Home Child Care, employees shall not come to the home to work unless said employees reside at the home. For Home Child Care, no more than one employee that does not reside at the home may come to the home to work.
d. Explosive or combustible materials shall not be stored or used in association with a Home Occupation.
e. The Home Occupation shall not disturb the residential character of the neighborhood.
f. Home Occupations shall not be conducted after 10:00 P.M. or before 6:00 A.M.
g. Home Occupations shall not be licensed, approved, or conducted without the written consent of the property Owner.
h. No more than 25 percent of any floor of the home shall be used for the Home Occupation.
i. Garages and Accessory Buildings shall not be used for Home Occupations except for vehicle storage. If a Conditional Use Permit is obtained, other storage may occur in garages and Accessory Buildings if the home retains two parking spaces for residents and the garage is still usable for parking.
j. Home Occupations shall have no more than two customers per hour visiting the residence. If a Conditional Use Permit is obtained, up to six customers per hour may visit the residence.
(2) Vehicles may be used in association with a Home Occupation in accordance with the following requirements:
a. With the exception of Home Child Care, only one vehicle may be used in association with a Home Occupation. For Home Child Care, two vehicles may be used in association with a Home Occupation.
b. The maximum size of a vehicle used in association with a Home Occupation shall be equivalent to a one-ton pickup truck. If a Conditional Use Permit is obtained and the vehicle is screened and parked on private property, a larger commercial vehicle may be used if it is not a Heavy Truck.
c. Vehicles used in association with a Home Occupation must be parked on private property. With the exception of Home Child Care, vehicles shall be parked outside of the required Front Yard setback. For Home Child Care with two vehicles, one vehicle shall be parked outside of the required Front Yard setback and the other vehicle may be parked within the required Front Yard setback on an approved surface.
d. Tow trucks, tanker trucks, box vans, delivery vans, and similar vehicles shall not be stored on site. Such vehicles may be located off site in an approved off-site storage location.
e. One trailer may be used in association with a Home Occupation in accordance with the following standards:
i. The maximum body length of an enclosed trailer is 20 feet. The maximum body length of an open trailer is 16 feet.
ii. Trailers must be garaged or stored on private property and may not be located within the Front Yard setback or, for Corner Lots, in either the Front or Side Yard setback.
iii. Trailers may have one sign covering the lesser of 24 square feet or 30 percent of the side panel of the trailer.
f. Off-Street parking must be sufficient for both the residents of the home and the vehicle and/or trailer used in association with a Home Occupation.
g. Vehicles used in association with a Home Occupation may have a single sign no larger than four square feet.
(3) Sales may be conducted in association with a Home Occupation in accordance with the following requirements:
a. Direct retail sales from display shelves are prohibited.
b. Promotional meetings to sell merchandise, take orders, or conduct similar activities shall not be held more than one day per month.
c. Garage, Basement, or Yard sales shall be conducted a maximum of three times per year, and each sale must last no more than 72 hours.
(4) Home Child Care may be offered as a Home Occupation in accordance with the following requirements:
a. Only one Home Occupation shall be licensed to conduct Home Child Care per Dwelling Unit.
b. The Home Occupation shall comply with the maximum capacity requirements set forth by state law for a licensed family child care facility.
(5) Home Preschools may be conducted as a Home Occupation in accordance with the following requirements:
a. No more than 10 children shall be present during a session.
b. Sessions shall last no more than four hours.
c. Home Preschools shall conduct no more than two sessions per day. If two sessions are conducted, a break of at least 30 minutes must occur between sessions.
d. Individual children shall not attend more than one session per day.
e. Drop off and parking shall not occur on the Street.
f. If children have access to the Rear Yard area, the Rear Yard shall be fully Fenced with a self-latching gate.
(6) Only the following Home Occupations are allowed:
a. All Uses that are allowed in the RB zone except for Financial Institutions and Veterinary Hospitals.
b. Artist Studios and Neighborhood Service Establishments.
(7) Home Occupations in Accessory Buildings shall be conducted as a Conditional Use in accordance with the following requirements:
a. The Home Occupation conducted in the Accessory Building shall be limited to instructional businesses, such as musical or artistic instruction. The craft, skill, or practice taught must be a permitted Use in the underlying zone.
b. The Accessory Building shall be existing at the time of application and shall not be constructed for the primary purpose of housing the Home Occupation.
c. A maximum of six students per session and three sessions per day shall be observed.
d. Hard surfaced access and off-street parking shall be provided.
e. The Home Occupation shall be entirely located within a legally built and conforming enclosed Structure and shall not encroach into any carport, Garage, patio, breezeway, or Yard space.
f. The Home Occupation shall not displace minimum required parking for the residence.
g. The Home Occupation shall only operate when classes are in session and students are present.
h. A Conditional Use Permit shall be obtained.
The following standards shall apply to all Internal Accessory Dwelling Units:
(1) Only one Internal Accessory Dwelling Unit may be permitted within a Single Unit Dwelling.
(2) A separate utility meter for an Internal Accessory Dwelling Unit shall be prohibited.
(3) An Internal Accessory Dwelling Unit shall be designed in a manner that does not change the appearance of the primary Dwelling as a Single Unit Dwelling.
(4) At least one additional on-site parking space shall be provided outside of the Front Yard setback for an Internal Accessory Dwelling Unit.
(5) If an Internal Accessory Dwelling Unit is created within a garage, the parking spaces displaced by the Internal Accessory Dwelling Unit shall be replaced within a garage. If an Internal Accessory Dwelling Unit is created within a carport, the parking spaces displaced by the Internal Accessory Dwelling Unit shall be replaced within a carport.
(6) An Internal Accessory Dwelling Unit shall be prohibited within a mobile home.
(7) A business license shall be required to rent an Internal Accessory Dwelling Unit. An Internal Accessory Dwelling Unit that is rented shall be rented for a period of at least 30 consecutive days.
(8) An Internal Accessory Dwelling Unit shall be prohibited in any Single Unit Dwelling that is not occupied as the primary residence of the owner of record.
(9) Internal Accessory Dwelling Units shall be prohibited on a lot that is:
a. Six thousand square feet or less in area; or
b. Occupied by a Single Unit Dwelling located east of 4000 West.
The minimum Lot size for Kennels shall be one acre.
The following standards shall apply to all Lodging Facilities that are new Development, redevelopment, changed from another Use, or retrofits of existing Buildings:
(1) The minimum number of floors within the Building shall be three. Any Basement space shall not count toward meeting the minimum floor requirement.
(2) Where stucco or fiber cement siding are used as exterior materials, at least 25% of the exterior shall be brick, stone or another comparable material approved by the Planning Commission.
(3) A Porte-cochere is required.
(4) At least six of the following seven amenities shall be included:
a. Swimming pool
b. Hot tub
c. Fitness Room
d. Business Center
e. Meetings Rooms
f. Common Breakfast Space
g. Restaurant
(5) The minimum, overall average area per guest room shall be 500 square feet. This number shall be calculated by dividing the total Lodging Facility area by the total number of guest rooms that can be used by guests for lodging.
(6) All Lodging Facilities shall meet the Commercial Design Standards in Chapter 7-11.
(7) Each guest room within a Lodging Facility shall include a restroom. Lodging Facilities with four or fewer guest rooms are exempt from this requirement.
(8) Lodging Facilities are encouraged within Commercial Complexes where complementary Uses such as dining, shopping and entertainment are within close proximity.
(9) In addition to meeting these standards, existing Buildings or Structures being converted to be or include a Lodging Facility shall be brought into conformance with all applicable Building codes.
(10) All guest rooms in Lodging Facilities shall be accessed from interior corridors.
Medical and Dental Offices shall be permitted in the M (Manufacturing) zone only on properties that are partially or entirely located within 500 feet of a Residential Use or Residential Zone, as measured in a straight line from the nearest point of the property boundary to the nearest point of the Residential Use or Residential Zone boundary.
(1) Outside Display of Merchandise is prohibited within required parking areas.
(2) Outside Display of Merchandise is prohibited within 20 feet of a public Right-of-way without a Conditional Use Permit. With a Conditional Use Permit, Outside Display of Merchandise may go to within 10 feet of the property line.
(3) Notwithstanding subsection (2) above, Outside Display of Merchandise is permitted on the public Sidewalk along Market Street within the City Center zone.
(1) Outside Storage is prohibited in all areas designated or required for Building setbacks, off-Street parking, maneuvering, loading, or Landscaping.
(2) Landscaped areas that are not required by this Title or as a condition of approval may be used for Outside Storage if the Landscaping is replaced with an appropriate surface.
(3) All Outside Storage areas shall be screened from public view. The Planning Commission shall require such screening by means of fencing, Landscaping, Building placement, topography, berming, or other appropriate method.
(4) Outside Storage that occurs on property adjacent to a High-Image Arterial Street as listed in Section 7-10-102 shall be screened from public view by means of a building or a Masonry Wall meeting the requirements in Section 7-2-114 and having a minimum height of six feet. The Planning Commission may require the height of the Masonry Wall to be eight feet to effectively screen the storage of items that exceed six feet in height.
(5) The Planning Commission may waive screening requirements when, due to changes in topography or the distance of Outside Storage areas from Rights-of-way, screening techniques would not be effective.
(6) All Outside Storage areas shall be surfaced appropriately. The Planning Commission shall evaluate the proper surfacing material during the Conditional Use process.
The minimum Lot size for radio and television facilities shall be five acres.
(1) Definitions:
a. “Community Location” means:
i. a public or private kindergarten, elementary, middle, junior high, or high School;
ii. a licensed child-care facility or preschool;
iii. a trade or technical School;
iv. a Church;
v. a public library;
vi. a public playground;
vii. a Public Park;
viii. a youth center or other space used primarily for youth oriented activities;
ix. a public recreational facility; or
x. a public arcade.
b. “Retail Tobacco Specialty Business” means a Commercial establishment in which:
i. the sale of tobacco products accounts for more than 35% of the total annual gross receipts for the establishment;
ii. food and beverage products, excluding gasoline sales, is less than 45% of the total annual gross receipts for the establishment; and
iii. the establishment is not licensed as a pharmacy under Title 58, Chapter 17b, Pharmacy Practice Act.
c. “Tobacco product” means:
i. any cigar, cigarette, or electronic cigarette as defined in Utah Code Annotated Section 76-10-101;
ii. a tobacco product as defined in Utah Code Annotated Section 59-14-102, including:
1. chewing tobacco; or
2. any substitute for a tobacco product, including flavoring or additives to tobacco; and
iii. tobacco paraphernalia as defined in Utah Code Annotated Section 76-10-104.1.
(2) A Retail Tobacco Specialty Business shall not be located within:
a. 1,000 feet of a Community Location;
b. 600 feet of another Retail Tobacco Specialty Business; or
c. 600 feet of a Residential or Agricultural Zone or Use.
(3) For the purposes of subsection (2) above, the proximity requirements shall be measured in a straight line from the nearest Entrance of the Retail Tobacco Specialty Business to the nearest property boundary of the Community Location, Retail Tobacco Specialty Business, or Agricultural or Residential Zone or Use, without regard for intervening Structures or Zoning districts.
(4) A Retail Tobacco Specialty Business that has a business license and was operating lawfully in the City on or before May 8, 2012 is exempt from the requirements of subsection (2) if said business meets all of the following criteria:
a. The business license has been renewed continuously without relapse or permanent revocation;
b. The Retail Tobacco Specialty Business is not closed for business or otherwise suspends the sale of Tobacco Products for more than 60 consecutive days;
c. The Retail Tobacco Specialty Business does not substantially change the business premises or its business operation; and
d. The Retail Tobacco Specialty Business maintains the right to operate under the terms of other applicable laws, including but not limited to Zoning Ordinances, building codes, and the business license that was issued prior to May 8, 2012.
(1) Notwithstanding Self-Storage Facilities are only allowed in the Manufacturing (M) Zone, Self-Storage Facilities shall meet the Commercial Design Standards in Part 3 of Chapter 7-11.
(2) A Self-Storage Facility under 60,000 square feet may have one Caretaker’s Dwelling. A Self-Storage Facility with at least 60,000 square feet and less than 90,000 square feet may have two Caretaker’s Dwellings. A Self-Storage Facility with 90,000 square feet or more may have three Caretaker’s Dwellings.
(1) The purpose and objective of this Section is to establish reasonable and uniform regulations to prevent the concentration of sexually-oriented businesses, prevent the location of such businesses in areas harmful to the City, regulate the signage of such businesses, control the adverse and secondary effects of such signage, and to prevent inappropriate exposure of such businesses to the community and secondary effects arising from their presence or concentration. Any terms pertaining to sexually-oriented businesses that are not defined in this Title 7 shall have the meaning given in Title 17.
(2) Sexually-oriented businesses, outcall services, and service-oriented escort bureaus shall only be permitted in areas zoned M and designated for heavy manufacturing in the General Plan, with the following additional restrictions:
a. No sexually-oriented business, outcall service, or service oriented escort bureau shall be located within 1,000 feet of any School, Public Park, library, or Religious Institution.
b. No sexually-oriented business, outcall service, or service oriented escort bureau shall be located within 600 feet of any High-Image Arterial as defined in Chapter 7-10 or U-111 Highway, as measured from the Right-of-way boundary.
c. No sexually-oriented business shall be located within 1,000 feet of any Residential Use or Residential or Agricultural Zone.
d. No sexually-oriented business shall be located within 600 feet of any other sexually-oriented business (excluding outcall services).
e. All distances specified in this Section shall be measured in a straight line from the property or Right-of-way boundaries to the Structure containing the sexually-oriented business, without regard for intervening Structures, properties, or Zoning districts.
(3) Signs for sexually-oriented businesses shall be limited as follows:
a. No more than one exterior sign shall be permitted.
b. No sign shall exceed eighteen square feet.
c. No animation shall be permitted on or around any sign or on the exterior walls or roof of any sexually-oriented business.
d. Signs shall contain alphanumeric copy only. No descriptive art or designs depicting any activity related to or inferring the nature of the business shall be allowed on any sign.
e. Only flat wall signs or awning signs shall be permitted.
f. Painted wall advertising shall not be permitted.
g. Except as explicitly permitted by this subsection (3), the sexually-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.
h. All requirements set forth in Title 11 of the West Valley City Municipal Code shall apply. However, where these regulations differ from Title 11, the stricter requirements shall prevail.
(4) All existing legally nonconforming sexually-oriented businesses existing as of October 4, 1993, shall comply with the provisions of this chapter no later than July 4, 1994.
The minimum Lot size for Shopping Centers shall be three-quarters of one acre. The area of adjoining Parcels may be combined to meet the minimum required area if the Parcels share access and parking.
(1) Definitions:
a. For the purpose of this Section, “Tobacco Products” shall have the meaning set forth in Section 10-8-41.6, Utah Code Annotated, or any amended or successor statute.
b. A business or establishment is a “Tobacco Oriented Business” if it meets any of the following criteria at any time:
i. More than two percent of the floor area (including Warehouse or office space) is used for the sale or display of Tobacco Products;
ii. The business or establishment sells, displays, or makes available any of the following in any quantity:
1. Tobacco paraphernalia as defined in Section 76-10-104.1, Utah Code Annotated, or any amended or successor statute;
2. Hookah products or accessories; or
3. Pipes or any similar product.
c. Businesses qualifying as Retail Tobacco Specialty Businesses as defined by this Title are not Tobacco Oriented Businesses and shall not be licensed as Tobacco Oriented Businesses.
(2) The following restrictions apply to Tobacco Oriented Businesses:
a. Only one Tobacco Oriented Business shall be permitted in the City for every 10,000 citizens of the City.
b. Tobacco Oriented Businesses cannot be located in multitenant Buildings. All Tobacco Oriented Businesses established, licensed, or applying for land use approval must be located in a Building meeting the Commercial Design Standards set forth in this Title, even if said Building was existing on the date of this ordinance.
c. Tobacco Oriented Businesses shall not be located within 200 feet of a Major Arterial as defined in the City’s Major Street Plan. Tobacco Oriented Businesses shall not be located within 300 feet of any Agricultural Zone, Residential Zone or Use, Public Park, School, Tobacco Oriented Business, or Retail Tobacco Specialty Business. These distances shall be measured in a straight line from the nearest Entrance of the Tobacco Oriented Business to the nearest property boundary of the Uses and zones set forth herein, without regard to intervening Uses, Structures, or Zoning districts.
(3) Disclosure requirements for Tobacco Oriented Businesses are as follows:
a. All Tobacco Oriented Businesses must disclose their status as a Tobacco Oriented Business on a form created by the City. This disclosure must be submitted with any new or renewal business license application or with any land use application.
b. The disclosure requirements of this subsection (3) apply to both new and existing businesses, even if a business is a legal Nonconforming Use.
c. Failure to make the disclosure required by this Section or making misleading or inaccurate statements in or in connection with said disclosure shall constitute sufficient grounds for the denial of a new or renewal business license application, revocation of an existing business license, or revocation of a land use approval.
(1) The minimum Lot size for Turf Farm Equipment Manufacturing shall be five acres.
(2) All assembly, repair, storage and maintenance must be conducted within an enclosed structure.
(3) The total area dedicated to this use within a structure or structures shall not exceed 25,000 square feet.
(4) Must provide a hard surface access to the facility and hard surface parking for employees and customers.
(5) All structures used for this purpose must be set back at least 75 feet from any residential zone boundary.
The minimum Lot size for Veterinary Hospitals shall be one acre.
(1) “Alternative Energy System” means a Small Wind Energy System or Solar Energy Collection System.
(2) “Building-Integrated Solar Energy Systems” means a Solar Energy Collection System that is an integral part of a principal or Accessory Building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the Building including, but not limited to, photovoltaic or hot water solar systems contained within roofing materials, windows, skylights and awnings.
(3) “Height” means the height of a Small Wind Energy System measured from natural Grade to the tip of the rotor blade at its highest point or highest component of the system, or the height of a Solar Energy Collection System measured from natural Grade to the highest point of the device or component of the device.
(4) “Meteorological Tower (Met tower)” means a temporary tower, housing or supporting wind measuring equipment for the purpose of establishing the viability of the wind generated energy by measuring and monitoring wind velocity, direction, shear, duration, Intensity, and regularity.
(5) “Rated Nameplate Capacity” means the maximum rated output of electric power production equipment. This output is typically specified by the manufacturer with a "nameplate" on the equipment rated in Watts (W) or British Thermal Units (BTUs).
(6) “Small Wind Energy System” means all equipment, machinery, and Structures utilized in connection with the conversion of wind to electricity. This includes, but is not limited to, storage batteries, electrical collection devices and supply equipment, transformers, service and access roads, support Structures and one or more wind turbines.
(7) “Solar Energy Collection System” means a device or combination of devices or Structures that transform direct solar energy into thermal or electrical energy and that contribute significantly to a Structure’s thermal or electrical energy supply. The energy generated may also be distributed to an energy grid. This includes, but is not limited to, solar collectors, solar panels, solar hot water heaters, storage batteries, transformers, heat exchangers and distribution components.
(1) Alternative Energy System Permit Required.
a. Building Permit Application. Building permits shall be required for all Alternative Energy Systems. Applications for an Alternative Energy System permit shall be made to the West Valley City Community and Economic Development Department. All applications shall include the following documentation:
i. Engineered Drawings. The building permit application shall include standard drawings of the Alternative Energy System and stamped engineered drawings of the tower, base, footings, supports, and/or foundation as provided by the manufacturer. The engineered drawings shall include productive capacity of Alternative Energy Systems and wind loads for Wind Energy Systems.
ii. Site Plan. The building permit application shall include a Site Plan that includes the following elements.
1. The Site Plan shall include a date, North arrow and appropriate scale to reflect adequately the detail necessary to describe the location and Use. The plan shall be accurate in terms of scale and dimensions;
2. The Site Plan shall include the locations of existing property lines, public or private Rights-of-way, and public roads.
3. The Site Plan shall include the dimensions and locations of existing improvements, including but not limited to, Buildings and Structures, Fences and overhead utility lines.
4. The Site Plan shall include the dimensions and locations of existing or proposed Alternative Energy Systems, associated components, security Structures, Fences, and support Structures.
iii. Utility Notification. The building permit application shall include evidence that the relevant electric utility company has been informed of the customer’s intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
b. Fire and Emergency Access. Alternative Energy Systems shall be located on the property such that they will not pose a danger to emergency Personnel or equipment. Small Wind Energy Systems shall not be roof-mounted on a side that is dedicated to emergency equipment or Personnel access and the side of a Building where emergency service resources are located. The West Valley City Fire Department or designee shall review Alternative Energy System Permit plans and determine potential hazards to emergency Personnel and equipment.
c. Small Wind Energy System Permit Limit. In any Residential Zone, no more than one (1) Small Wind Energy System permit shall be allowed concurrently on a parcel or Lot. Parcels and Lots over one (1) acre shall be exempt from this limit.
d. Meteorological Tower (Met Tower). A Meteorological Tower shall be treated herein as a Small Wind Energy System.
e. Modifications. Any physical modification to an existing and permitted Alternative Energy System that alters the size and/or type of components or other equipment shall require a permit modification under this ordinance. Replacement of parts on an already permitted system shall not require a permit modification.
f. Expiration. A permit issued pursuant to this ordinance shall expire if:
i. The Alternative Energy System is not installed and functioning within six (6) consecutive months from the date the permit is issued; or
ii. The Alternative Energy System is abandoned.
g. Violations. It is unlawful for any Person to construct, install, alter or operate an Alternative Energy System that is not in compliance with this ordinance or with any condition contained in a building permit issued pursuant to this ordinance.
h. Administration and Enforcement.
i. This ordinance shall be administered and enforced by the West Valley City Chief Building Official or their designee.
ii. The Chief Building Inspector or their designee may enter any property for which a building permit has been issued under this ordinance to conduct an inspection to determine whether the conditions stated in the permit have been met.
(2) Compliance with Laws, Ordinances, and Regulations. The construction and operation of all Alternative Energy Systems shall be consistent with all applicable local, state, and federal requirements, including all applicable safety, construction, building, environmental, electrical, communications, and FAA aviation requirements. Alternative Energy Systems shall comply in all respects with building and electrical codes contained in the International Building Code, International Residential Code and National Electric Code as adopted by West Valley City.
(3) Site Conditions and Property Maintenance.
a. Land Clearing, Soil Erosion, and Habitat Impacts. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation, and maintenance of the Alternative Energy System and is otherwise prescribed by applicable laws, regulations and ordinances. Once the system is operational, any land that has been disturbed and is not necessary for the functioning of the system shall be reclaimed with natural vegetation immediately. Soil erosion is to be mitigated such as by the use of silt fencing, the captured product of which can be used in the vegetation reclamation.
b. System Conditions. The Applicant shall maintain the Alternative Energy System in good and operable condition. Maintenance shall include, but not be limited to, painting, mechanical/electrical repairs, structural repairs, and security measures including security fencing.
c. Removal and Decommissioning Requirements. Any Alternative Energy System, which has reached the end of its useful life or has been abandoned, shall be removed.
i. An Alternative Energy System shall be considered abandoned when it fails to operate within the past twelve (12) consecutive months.
ii. Upon a Notice of Abandonment issued by West Valley City, the Alternative Energy System Owner shall have sixty (60) days to provide sufficient evidence that the system has not been abandoned. If the system has not been removed or proven not to be abandoned after this period, the Alternative Energy System may be abated by West Valley City in accordance with the procedures in Title 10 of West Valley City Code.
iii. Once the Alternative Energy System has been removed, the Owner is then responsible for land reclamation using the natural vegetation types that were removed or disturbed upon construction of the project. To the greatest extent possible, the land shall be fully returned to its natural state within twelve (12) months of the removal and decommissioning of the project. A reclamation bond may be required for larger systems.
(1) Height. The Height of Small Wind Energy Systems in Residential or Commercial Zones shall not exceed eighty (80) feet, measured at the highest point of the turbine blade or other component. In Agricultural or Manufacturing Zones, the Small Wind Energy System shall not exceed one hundred and twenty (120) feet. If the Small Wind Energy System is Attached to a Building or Structure, this measurement shall include the height of the Building or Structure. The Small Wind Energy System shall comply in all respects with ‘Federal Aviation Regulations Part 77', and any other applicable Federal Aviation Administration requirements.
(2) Setbacks. Small Wind Energy Systems shall be set back at a distance equal to or greater than one hundred percent (100%) of the total height of the system from all overhead utility lines, property lines, and public roads or public Rights-of-way. If the Small Wind Energy System is installed on a roof, the total height is equal to the roof height and tower height. Guy wires and other support devices shall be set back at least five (5) feet from all property lines. Guy wires and other support devices shall be set back at least twenty (20) feet from any public Right-of-way. Small Wind Energy Systems shall not be allowed in the required Front Yard setback.
(3) Minimum Blade Height. The minimum height of the lowest point of a turbine blade shall be fifteen (15) feet above the ground and ten (10) feet above or distant from any roof surface.
(4) Color and Finish. The Small Wind Energy System shall remain painted or finished the color or finish that was originally applied by the manufacturer, or shall be painted gray, beige, or white. Rust, corrosion or peeling paint on any component of an Alternative Energy System shall be repaired and/or repainted.
(5) Lighting. Illumination or lighting on the Small Wind Energy System shall be prohibited except as required and allowed by the Federal Aviation Administration.
(6) Signage and Advertising. Signs and advertising shall be restricted to reasonable identification of the manufacturer, operator of the Small Wind Energy System, utility, and safety signs. No other signage shall be permitted.
(7) Access. No tower shall have a climbing apparatus within twelve (12) feet of the ground. All access doors or access ways to towers and electrical equipment shall be accessible by authorized Personnel only. Towers with lattice within twelve (12) feet of the ground shall be enclosed within a secured Fence or wrapped by a protective metal mesh up to twelve (12) feet and sufficient to prevent climbing.
(8) Feeder Lines. All exterior electrical lines shall be placed in a conduit and buried below the surface of the ground. Electrical lines may be placed overhead only near points of interconnection to the electric grid.
(9) Sound. The Small Wind Energy System and associated equipment shall not exceed fifty (50) dB(A) for any period of time under normal operating conditions as measured from the nearest neighboring inhabitable Structure. This maximum sound level may be exceeded during short-term events beyond the Owner’s or operator’s control such as utility outages and/or severe wind storms.
(10) All wind turbines or Small Wind Energy Systems with a rated nameplate capacity over 100 kilowatts are prohibited.
(1) Height. Roof mounted Solar Energy Collection Systems shall comply with the maximum height requirements in the applicable zone. Where maximum height is measured at the midpoint between eaves and roof peak, and where the roof peak exceeds the maximum Building Height, the Solar Energy Collection System shall not exceed the height of the roof peak. Ground-mounted Solar Energy Collection Systems shall not exceed fourteen (14) feet in height.
(2) Exemption. Passive or Building-Integrated Solar Energy Collection Systems are exempt from the requirements of this section and shall be regulated as any other Building element.
(3) Ground-Mounted Solar Energy Collection Systems.
a. All exterior electrical and/or plumbing lines shall be placed in a conduit and buried below the surface of the ground. Electrical lines may be placed overhead only near points of interconnection to the electric grid.
b. Ground-mounted Solar Energy Collection Systems shall be limited to a maximum area of two-hundred (200) square feet.
c. Ground-mounted Solar Energy Collection Systems in Residential Zones shall be limited to the Side or Rear Yard and shall be treated as Accessory Structures.
d. Ground-mounted Solar Energy Collection Systems in all zones except Residential Zones shall be limited to the side or Rear Yard and shall not encroach into any required setback.
(4) Roof-Mounting. Roof-mounted Solar Energy Collection Systems shall be flush-mounted and parallel to the roof surface to the extent possible. Solar Energy Collection Systems may be bracket mounted or tilted on flat or pitched roofs to improve efficiency, but shall have at least one (1) side of the array within twelve (12) inches of the roof surface or, for Buildings with a Parapet, within twelve (12) inches of the top of a Parapet.
(1) The requirements and standards set forth below are meant to mitigate the substantial impacts of Vehicle Recycling Facilities and Towing and Impound Yards.
(2) The requirements are designed to improve the aesthetics, general appearance, and functioning of Vehicle Recycling Facilities and Towing and Impound Yards, including screening of all storage areas.
(1) All Vehicle Recycling Facilities and Towing and Impound Yards shall be surrounded by an eight-foot solid visual barrier Fence for all Frontages along a public Street. An eight-foot visual barrier Fence is required on the exterior property lines except that the common boundary with another Vehicle Recycling Facility or Towing and Impound Yard may be marked with a chain link barrier Fence. The Fence must completely screen the vehicle storage area from view from other properties. These visual barriers may be increased in style, height or durability as determined by the Planning Commission. The visual barrier shall be painted or constructed of one color and material providing a consistent appearance. Notwithstanding the above requirements, parking areas for customers, employees, and vehicle sales are not required to be behind a visual barrier Fence.
(2) All Vehicle Recycling Facilities and Towing and Impound Yards shall hard surface the entire vehicle storage parking and maneuvering areas with concrete, asphalt or approved engineered dustless surface.
(3) All Vehicle Recycling Facilities and Towing and Impound Yards shall be located on a properly drained site that is properly graded to ensure rapid drainage and to ensure that the site remains free from stagnant pools of water. Properties shall provide a site drainage plan and grading plan with adequate facilities to dispose of any runoff and any contaminants by a method that is approved by the West Valley City Public Works Department.
(4) All Vehicle Recycling Facilities and Towing and Impound Yards shall provide the City with a fluid drainage and disposal plan that complies with all federal, state and local standards.
(5) The construction or operation of the Vehicle Recycling Facility or Towing and Impound Yard shall not add to the contamination of the soil, alter ground water flow, create additional drainage runoff or alter topography in such a way that creates hazards to the proposed site, adjoining properties, or the City.
(6) Vehicle Recycling Facilities shall construct and maintain a permanent Primary Building.
(7) Permanent Landscaping shall be designed and installed that complies with the requirements of the underlying zone and the landscape standards as outlined in Chapter 7-10. No vehicles shall be parked or displayed within the areas designated for Landscaping.
(8) Customer parking must be separate from the vehicle storage area and accessible from the public road without being restricted with Fences or gates. Any operable licensed vehicles being displayed for sale shall be located in a separate designated area and are not required to be screened with a visual barrier.
(9) Vehicle Recycling Facilities and Towing and Impound Yards shall provide a vehicle parking plan that demonstrates that the stored vehicles or partial vehicles are stored in a unified organized manner. A minimum of a 20-foot wide drive access way with a 44-foot-wide outside turning radius shall be provided between every two rows of vehicles to facilitate emergency vehicles and tow vehicles. When fire hydrants are provided at the access ways, the width of the road shall be 28 feet wide for a minimum of 20 feet on both sides of the fire hydrant.
(10) Vehicles shall not be stacked. Only one vehicle height shall be permitted within the vehicle storage areas. An area may be designated for vehicles awaiting removal from the Yard which are crushed (flattened) vehicles and may be stacked to a height no greater than the height of the adjoining screen Fence. Stacked crushed vehicles can exceed the height of the adjoining Fence by one-foot for every 20 feet of setback from the property line. If the vehicle stacking exceeds the eight-foot height and is within 150 feet of a public Street, additional screening shall include one and three-quarters to two-inch caliper trees spaced no more than 25 feet apart maintained with an adequate watering system.
(11) Vehicle staging areas shall be provided outside of the public accessible areas where vehicles are loaded or unloaded. No loading or unloading or storage of any vehicles is permitted within the public Right-of-way or within the customer parking lot.
(12) Vehicle Recycling Facilities and Towing and Impound Yards shall not allow objectionable smoke, noise, odors, or other adverse impacts on adjoining properties or the City. No burning of any waste materials is permitted unless it is a part of an approved contained heat system specifically for reuse of waste materials.
(13) All grounds and Buildings shall be maintained free of insect and rodent harborage and infestation. Vehicle Recycling Facilities and Towing and Impound Yards shall be maintained free of organic waste or inappropriately stored flammable materials. Materials that are customary to the business shall be stored in accordance with applicable laws.
(14) Adequate facilities and infrastructure shall be provided for fire protection as determined by applicable law. Fire extinguishers shall be kept within the Buildings and storage Yard location as deemed necessary and shall be maintained in good operating condition. A pressurized water system is required to serve the Vehicle Recycling Facilities and Towing and Impound Yards in order to provide adequate fire protection and culinary water. Fire hydrants served from this water system shall be installed and maintained in accordance with approved plans and in accordance with the International Fire Code.
(15) All Vehicle Recycling Facilities and Towing and Impound Yards shall be served by a sanitary sewer system. Connection to these facilities shall be mandatory and no private septic sewer systems are permitted.
(16) No signage shall be permitted on fencing unless explicitly required by state law. Any such signage shall be the minimum size necessary to comply with state requirements.
Vehicle Recycling Facilities and Towing and Impound Yards legally approved and existing as of December 16, 2003, may continue to be operated and maintained without the site improvements and design restrictions of this Part. However, legal nonconforming Vehicle Recycling Facilities and Towing and Impound Yards may not be expanded or modified.
This part addresses planning issues brought on by the rapid growth, continuing Development, and increasing demand of communication services. This chapter distinguishes communication services from other broadcast-type technologies and establishes provisions that address issues of demand, visual mitigation, noise, engineering, residential impacts, safety, and facility siting. The West Valley City Council determines that enacting this Part is necessary to accomplish the following goals:
(1) To promote the health, safety, welfare, and enjoyment of the City's residents by accommodating the need for communication service.
(2) To direct the location of Communications Towers within the boundaries of the City to provide adequate service to City residents, while minimizing potential adverse effects caused by the towers.
(3) To mitigate the potential adverse effects of Communications Towers by minimizing the number of towers, promoting careful placement and siting, and requiring Landscaping, screening, and camouflage techniques.
(4) To promote the long-term viability and adequacy of communication service in the area by requiring Development Plans showing the anticipated number of towers required to provide service for the near future.
(1) Airport Communication. Communication between aircraft and Airport ground facilities.
(2) Communication Antenna. Any transmitting and receiving device designed to radiate and capture communications signals consisting of electromagnetic or microwave radiation, as authorized by the Federal Communications Commission, to provide low power radio communication service. "Communication Antenna" does not include non-Commercial or Transmission Antennas.
(3) Communications Facility. Any Communication Antenna, Communications Tower, Accessory Building, or any other Structure or equipment installed for the primary purpose of providing low power radio communication service, including but not limited to Commercial and private low power radio communication services, cellular services, Personal communication systems, paging services, and similar services.
(4) Communications Tower. A tower that supports or contains communications antennas (transmitting or receiving) or related communications equipment. "Communications Tower" also includes equipment and facilities permanently associated with the tower, whether or not such equipment or facilities are used directly to provide communication service.
(5) Guyed Tower. A Communications Tower requiring guy wires or other stabilizers for support.
(6) Interference. Disruption of communication by static, jamming, or blocking of frequencies.
(7) Lattice Tower. A self-supporting multiple sided Communications Tower characterized by an open frame.
(8) Monopole Tower. A self-supporting Communications Tower consisting of a single pole without guy wires or other stabilizers.
(9) Non-Commercial Antenna.
a. A transmitting or receiving device designed to radiate or capture communication signals consisting of electromagnetic or microwave radiation, for private, non-Commercial recreational Use. "Non-Commercial Antenna" includes, but is not limited to, radio and television antennas, satellite antennas, amateur radio antennas, and antennas used for individual delivery of low power radio communication service.
b. Antennas associated with Commercial or manufacturing Structures for the purpose of transmitting or receiving signals are Non-Commercial Antennas, if the Use of the antenna is incidental to the Primary Use of the Structure. This includes, but is not limited to, antennas for individual delivery of low power radio communication service incidental to the Primary Use of the Structure.
(10) Stealth. A communications antenna, facility and/or Structure that is completely disguised as another object or otherwise concealed from view thereby concealing the intended Use and appearance of the facility and where the dimensions of the facility reasonably approximate the dimensions of the object they are being disguised as and the location of the Stealth facility is in concert with its surroundings. Examples of Stealth facilities include, but are not limited to, trees, synthetic rocks, flag poles, light pole standards, or architectural elements such as dormers, steeples, and chimneys. Final determination regarding Stealth poles shall be made by the Community and Economic Development Staff based on these standards. All antennas and associated equipment not camouflaged in a manner to be completely disguised as another object or otherwise be concealed from view by concealing the intended Use and appearance of the facility are not Stealth.
(11) Transmission Antenna. A device that primarily transmits signals by electromagnetic or microwave radiation over a large area. A Transmission Antenna may also receive signals as part of its operation, but the Primary Use is for large area transmission. "Transmission Antenna" includes but is not limited to Commercial radio and television broadcast antennas and does not include Communications Facilities.
(12) Roof Mounted Antenna. An antenna or series of individual antennas mounted on a flat roof of a Building.
(13) Wall Mounted Antenna. An antenna or series of individual antennas mounted against a vertical wall of a Building.
(14) Whip Antenna. An antenna that is cylindrical in shape. Whip Antennas may be directional or omni-directional and vary in size depending on the frequency or gain for which they are designed.
(1) Building Permit Required. No Communications Facility shall be constructed unless a building permit is obtained from the City and the consent of the property Owner is obtained.
(2) Engineering Review. Each application for a permit to construct a Communications Facility shall be certified by a licensed professional engineer that the design of the facility meets all applicable standards for the facility, including, but not limited to: electrical safety, material and design integrity, seismic safety, etc. For Communications Towers, the professional engineer shall also certify that the tower meets acceptable design criteria or standards to withstand wind and other weather damage. In all cases, the certification shall indicate whether or not the facility will interfere with any other communications service.
(3) Interference with Other Communications.
a. No permit to construct a Communications Facility shall be approved if the operation of the facility will interfere with emergency or Airport Communications.
b. Communications Facilities shall be located and shall operate in such a manner as to minimize or eliminate Interference with communications other than emergency or Airport. Such communications include Commercial, private, and governmental communications.
(4) All power lines on the Lot to the Building and the Communications Facility shall be underground.
(5) Fencing Required. Free standing Communications Facilities shall be surrounded by a Fence that is at least six feet high and constructed out of a material appropriate to the location of the facility. Antennas that are roof or wall mounted shall be secured from access in a manner appropriate to the location.
(6) No climbing pegs shall be permitted on the lower twenty (20) feet of all Communications Towers.
(7) Public Rights-of-Way. No Communications Facility shall overhang, encroach upon, or block a public Right-of-way or public Sidewalk.
(8) Before submitting a building permit or Conditional Use application to construct or operate a Communications Facility, the Applicant must submit a master plan identifying existing facilities and the locations of facilities anticipated in the future. The master plan should also identify the number and location of facilities necessary to provide service within the City for the next ten years based on projected population growth and Development.
(9) Guyed and Lattice Towers are prohibited. Notwithstanding this prohibition, Communications Facilities may be co-located on legally existing Guyed and Lattice Towers.
(10) No Communications Facility shall be located on a Lot where a residential Building exists unless the proposed facility is a Stealth facility and the Lot is a Community Use.
(11) A Communications Facility identified as a Conditional Use shall be processed as a Permitted Use instead of a Conditional Use if it meets the following criteria:
a. Each individual antenna, excluding associated equipment, is no more than three cubic feet in volume;
b. All antennas on the Communications Facility, excluding associated equipment, total no more than six cubic feet in volume; and
c. All other wireless equipment associated with the Structure total no more than 36 cubic feet in volume.
Communications Facilities processed as Permitted Uses pursuant to this subsection (11) are permitted only in zones where Communications Facilities are a Permitted or Conditional Use.
(12) The following table lists the zones in which Communications Facilities are Permitted (P), Conditional (C), and prohibited (X) Uses:
(13)
Zone | Stealth | Stealth on a Community Use | Wall Mount | Roof Mount | Monopole | Co-Located Tower |
|---|---|---|---|---|---|---|
Agricultural Zones | P | P | P | P | C | C |
Residential Zones except RB | X | P | X | X | X | X |
RB | P | P | C | C | X | X |
CC | P | P | X | X | X | X |
C-1 | P | P | C | C | X | X |
C-2, C-3, BRP and MXD | P | P | C | C | C | C |
LI and M | P | P | P | P | P | P |
(1) Wall Mounted Antennas shall not extend above the wall line of the Building or extend more than four (4) feet horizontally from the face of the Building.
(2) Antenna equipment and the supporting Structure shall be painted to match the color of the Building or Structure or the Building background against which they are most commonly seen. Antennas and the supporting Structures should be architecturally compatible with the Building. Whip Antennas are not allowed on a Wall Mounted Antenna Structure.
(3) Antennas mounted directly on existing Parapet walls, penthouses, or mechanical equipment rooms, with no portion of the antenna extending above the roof line of such Structures, shall be considered a Wall Mounted Antenna. Wall Mounted Antennas shall be located not lower than thirty (30) feet from the ground level of the wall on which the antenna is located.
(4) The total area for Wall Mounted Antennas and supporting Structures combined shall not exceed a total of one hundred (100) square feet on each exterior wall of the Building. The total area shall be the sum of the areas of all antennas and support Structures located on that wall.
(5) The antenna area shall be determined as the area of each individual antenna face and the visible portion of the supporting Structure as viewed looking directly at the wall.
(6) A maximum of four (4) walls may be used to locate Wall Mounted Antennas.
(7) Wall Mounted Antennas may not be installed on a Building wall or walls facing a public Street, or on a wall or walls constituting the Building’s front or main Entrance.
(1) Roof Mounted Antennas shall be allowed on top of existing penthouses or mechanical equipment rooms, provided the antennas and antenna support Structures are enclosed by a Structure that creates a visual screen. The screening Structure, antennas, and antenna mounting Structures shall not extend more than eight (8) feet above the existing roofline of the penthouse or mechanical equipment room.
(2) The mounting of antennas shall be in accordance with the following requirements:
a. Antennas not mounted on a penthouse or mechanical equipment room shall be mounted at least five (5) feet from the exterior wall of a Building. All Roof Mounted Antennas and associated equipment shall be screened or enclosed so as to appear to be part of, and compatible with, the Structure on which they are mounted. This screening requirement may be waived by the Planning Commission if the screening would be more visually intrusive than the antennas and support Structure without the screening.
b. For antennas mounted between five (5) and ten (10) feet from the exterior wall, the maximum height of a Roof Mounted Antenna is equal to the distance the antenna is set back from the exterior wall up to a maximum height of ten (10) feet above the roofline of the Building to which the antenna is Attached.
c. Antennas shall be mounted at least five (5) feet behind any Parapet wall. For antennas mounted between (5) five and ten (10) feet behind a Parapet wall, the maximum height of the antenna is equal to the distance the antenna is set back from the wall up to a maximum of ten (10) feet as measured from the top of the Parapet wall.
d. Roof Mounted Antennas installed more than ten (10) feet from an exterior or Parapet wall shall not extend more than fifteen (15) feet above the roofline of the Building itself unless approved as a Conditional Use.
(3) Roof Mounted Antennas are permitted only on a flat roof and shall be screened, constructed, and/or colored to match the Structure to which they are Attached.
(4) Roof Mounted Antennas shall not be located on a Building that exceeds the maximum height limit of the Zoning district. However, Roof Mounted Antennas may be located even if the height of the antenna extends beyond the maximum height limit of the Zoning district. The installation of antennas shall not cause a Building to exceed a maximum height limit.
(5) The total area for Roof Mounted Antennas and support Structures combined shall not exceed two hundred (200) square feet. The total area shall be the sum of the areas of all antennas and support Structures located on the roof. The antenna area shall be determined as the area of each individual antenna face and the visible portion of the supporting Structure as viewed looking directly at the antenna at its widest point.
(1) The maximum visible width of antennas and antenna mounting Structures on a monopole shall be measured by looking directly at the monopole at same elevation as the antennas and antenna mounting Structure.
(2) All antennas shall be flush mounted on the tower. No part of the antenna shall be further than twelve (12) inches from the tower.
(3) No Monopole Tower shall be located within two hundred (200) feet of a Residential Zone or Use unless the tower is Stealth.
(4) No Monopole Tower shall be located within a 1/2 mile radius to another tower unless the tower is Stealth.
(5) Monopole Towers shall only be located in the Rear Yard of a Lot unless the tower is Stealth. Monopole Towers shall not be located in any required landscaped area, required buffer zone, or required parking area.
(6) The maximum allowable height for a Monopole Tower is sixty (60) feet. Communication Antennas may be located on existing approved Structures higher than sixty (60) feet. This may include, but is not limited to lighting Structures and/or utility poles in athletic fields, parks, and parking Lots.
(7) The maximum width or diameter of a Communications Tower shall be twenty-four (24) inches. No exposed wiring or cables shall be mounted on the outside of the tower.
(8) Antenna height and width are additionally regulated as follows:
a. Monopole Tower with Antenna and Antenna Support Structure Less than Two (2) Feet Wide: A Monopole Tower on which antennas and antenna support Structures not exceeding two (2) feet in width are placed. The height of the antennas and antenna support Structures together may not exceed ten (10) feet.
b. Monopole Tower with Antenna and Support Structure Greater than Two (2) Feet Wide: A Monopole Tower on which antennas and antenna support Structures exceeding two (2) feet in width are placed. The antennas and antenna support Structure together may not exceed thirteen (13) feet in width or eight (8) feet in height.
(1) Any Communications Facility that is abandoned, not maintained, or not used for more than six (6) months shall be deemed to be abandoned. The Director of Community and Economic Development shall notify the Owner of the facility that it must be repaired and/or used within thirty (30) days after the notice was sent, or the facility must be removed.
(2) If the Communications Facility is not repaired, used, and/or removed within thirty (30) days after notice was sent, the Director of Community and Economic Development may order the removal of the Communications Facility, at the Owner’s expense. Any Conditional Use Permits issued for the Communications Facility will be automatically revoked.
(3) West Valley City reserves the right to undertake, with or without notice to the Owner, any actions necessary to correct, remove, or repair Communications Facilities that are deemed to be an immediate danger to public safety. The Owner shall bear the expense of emergency actions taken pursuant to this section.
(4) All facilities and related equipment shall be removed, including but not limited to Accessory Buildings, power lines, and any other related equipment. The Communications Facility site shall be restored with appropriate Landscaping or paving.
In addition to the application requirements established in this Title, applications to develop, create, modify, or alter a Mobile Home Park shall include the following:
(1) The number, size, location, and type of all Mobile Home Spaces;
(2) The location, size, and specifications for construction of roadways;
(3) The location of and method of enclosing rubbish and garbage disposal areas; and
(4) A diagram of a Mobile Home Space within the park showing the proposed location of the car slab and any other outbuildings or foundations.
The following standards shall apply to and within Mobile Home Parks:
(1) The Mobile Home Park shall be located on a well-drained site free of stagnant or standing water.
(2) Mobile Home Spaces shall have a minimum area of 3,000 square feet and a minimum width of 40 feet.
(3) The minimum distance between Mobile Homes shall be fifteen feet. Carport covers and patio covers shall be no closer than three feet to a Mobile Home.
(4) No Mobile Home shall be within 15 feet of a property line of the Mobile Home Park that does not abut upon a public Street. No Mobile Home shall be within 25 feet of a property line of the Mobile Home Park that does abut on a public Street.
(5) Mobile Home Park operators are responsible to make all connections between Mobile Homes and utilities, including but not limited to sewer, water, gas, telecommunications, and electric service.
(6) Parking shall be provided as follows:
a. Each Mobile Home Space shall have two Parking Spaces located on a 10' by 40' or 20' by 20' hard surfaced area.
b. Mobile Home Parks shall provide at least one guest space in a common area per five Mobile Home Spaces.
c. Guest spaces shall be at least nine feet wide and eighteen feet long.
(7) Mobile Home Stands shall be at least 10' by 50'.
(8) A minimum of five percent of the Mobile Home Park shall be devoted to recreational facilities. An individual recreational facility shall be no smaller than 2,500 square feet.
(9) No more than 75% of any Mobile Home Space shall be occupied by Mobile Homes, vehicles, outbuildings, awnings, Carports, or any other Structure.
(10) All utilities in the Mobile Home Park shall be placed underground.
(11) Each Mobile Home Space shall include a 120 square foot storage area.
(12) A common storage area of at least 80 square feet per Mobile Home Space shall be established. The storage area shall be hard surfaced and screened from surrounding Mobile Home Spaces and adjacent properties by fencing or Landscaping.
(13) Each Mobile Home Space shall have a patio area of at least 100 square feet.
(14) All Mobile Homes shall be skirted and firmly anchored.
(15) A six-foot solid visual barrier Fence shall be installed along all property lines abutting a public Street, Agricultural Zone, or Residential Zone or Use. When located adjacent to a Street, the Fence shall be set back 10 feet from the Right-of-way and the setback shall be landscaped and permanently maintained by the Mobile Home Park operator.
(16) All exposed ground surfaces shall be paved or permanently landscaped.
(17) Open fires shall be prohibited unless conducted in permanent facilities provided by the Mobile Home Park.
(1) The Mobile Home Park and all Mobile Homes, vehicles, or Structures within the park shall be maintained free of insects and rodents.
(2) Mobile Home Parks shall be maintained free of debris and storage that harbors or attracts rodents and insects.
(3) The collection, storage, and disposal of garbage and refuse shall be conducted in a manner that prevents rodent or insect infestation and other health and fire hazards.
(4) Sufficient refuse containers shall be provided to store all refuse prior to collection without overflows or spillage.
(5) All refuse shall be stored in fly-tight, watertight, and rodent proof containers, which shall be located not more than 150 feet from any Mobile Home Space.
(6) All refuse within the Mobile Home Park shall be collected at least twice weekly within covered vehicles or containers.
(1) The location and width of the access Street shall be determined by the Planning Commission during the Conditional Use process.
(2) All Mobile Home Spaces shall be provided with safe and convenient vehicular access from abutting public Streets or roads.
(3) All Streets shall be built in accordance with the City’s adopted Engineering Standards.
(1) Each Mobile Home Lot provided with natural gas shall have an approved manual shutoff valve installed upstream of the gas outlet. The gas outlet shall be equipped with an approved cap to prevent discharge of gas when the outlet is not in use.
(2) All liquefied petroleum gas systems shall include safety devices to relieve excess pressure and terminate discharge at a safe location.
(3) All liquefied petroleum gas systems shall include at least one accessible means to shut off gas that is located outside the Mobile Home.
(4) Undiluted liquefied petroleum gas in liquid form shall not be conveyed through piping equipment and systems within Mobile Homes.
(5) All fuel oil storage tanks and cylinders and piping to outside tanks shall be securely fastened and shall not be located within, under, or within five feet of any Mobile Home.
(6) Storage tanks and cylinders near Streets shall be protected against collisions and physical damage.
(1) Both Mobile Home Park Owners and operators are responsible for ensuring compliance with the West Valley City Municipal Code, including but not limited to this Part.
(2) Park management shall notify park occupants of the provisions of this Part.
(3) Park management shall maintain a register with the names of all park occupants.
(4) Park management shall ensure that Mobile Homes are securely fastened and that utility connections are properly made and maintained.
Mobile Home Parks with valid Conditional Use Permits may continue to operate in accordance with said permits. However, nonconforming Mobile Home Parks shall not be enlarged, altered, or amended without full compliance with the provisions of the West Valley City Municipal Code, including but not limited to this Part.
Whenever any words or phrases used in this Title are not defined herein, but are defined in related sections of the Utah Code or the West Valley City Municipal Code (including but not limited to Title 7 and the Utah Small Wireless Facilities Deployment Act), such definitions are incorporated herein and shall apply as though set forth herein in full, unless the context clearly indicates a contrary intention. Words not defined in any code shall have their ordinarily accepted meanings within the context in which they are used.
Unless a contrary intention clearly appears, words used in the present tense include the future, the singular includes the plural, the term “shall” is always mandatory, and the term “may” is permissive. The following terms as used in this Part shall have the following meanings:
(1) “Collocate” shall mean to install, mount, maintain, modify, operate, or replace:
a. A small wireless facility on a wireless support structure or utility pole; or
b. For ground-mounted equipment, adjacent to a wireless support structure or utility pole.
(2) “Micro wireless facility” shall mean a small wireless facility that:
a. Not including any antenna, is no larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height;
b. On which any exterior antenna is no longer than 11 inches; and
c. That only provides Wi-Fi service.
(3) “Right-of-way” shall mean:
a. The area on, below, or above a public:
i. Roadway;
ii. Highway;
iii. Street;
iv. Sidewalk;
v. Alley; or
vi. Property similar to property listed in subsections 3(a)(i) through 3(a)(v) above.
b. “Right-of-way” shall not include:
i. The area on, below, or above a federal interstate highway; or
ii. A fixed guideway, as defined in Section 59-12-102, Utah Code Annotated 1953.
(4) “Small wireless facility” shall mean a type of wireless facility:
a. On which each wireless provider’s antenna could fit within an enclosure of no more than six cubic feet in volume; and
b. For which all wireless equipment associated with the wireless facility, whether ground-mounted or pole-mounted, is cumulatively no more than 28 cubic feet in volume; not including any:
i. Electric meter;
ii. Concealment element;
iii. Telecommunications demarcation box;
iv. Grounding equipment;
v. Power transfer switch;
vi. Cut-off switch;
vii. Vertical cable run for the connection of power or other service;
viii. Wireless provider antenna; or
ix. Coaxial or fiber-optic cable that is immediately adjacent to or directly associated with a particular collocation, unless the cable is a wireline backhaul facility.
(5) “Small wireless facility permit” shall mean a permit obtained in accordance with this Part to install, mount, maintain, modify, operate, or replace a micro wireless facility, small wireless facility, or utility pole.
(6) “Utility pole” shall mean:
a. A pole or similar structure that:
i. Is in a right-of-way; and
ii. Is or may be used, in whole or in part, for:
1. Wireline communications;
2. Electric distribution;
3. Lighting;
4. Traffic control;
5. Signage;
6. A similar function to those listed in subsections 6(a)(ii)(1) through (5) above; or
7. The collocation of a small wireless facility.
b. “Utility pole” shall not include:
i. A wireless support structure;
ii. A structure that supports electric transmission lines; or
iii. A municipally owned structure that supports electric lines used for the provision of municipal electric service.
(1) This Part applies only to micro wireless facilities, small wireless facilities, and utility poles located within City rights-of-way and entitled to approval in accordance with Section 54-21-204, Utah Code Annotated 1953, and shall not be construed to apply to any other communications facility.
(2) Notwithstanding any contrary provision, facilities described in subsection (1) above are not subject to Title 20.
(3) Micro wireless facilities, small wireless facilities, and utility poles not described in subsection (1) above shall not be within the scope or applicability of this Part.
(1) A small wireless facility permit shall be obtained before any micro wireless facility, small wireless facility, or utility pole is installed, relocated, or otherwise modified.
(2) Notwithstanding subsection (1) above, a small wireless facility permit is not required for:
a. Routine maintenance that does not impede or obstruct vehicular or pedestrian traffic within a right-of-way;
b. The replacement of a small wireless facility with a small wireless facility that is substantially similar or smaller in size; or
c. The installation, placement, maintenance, operation, or replacement of a micro wireless facility that is strung on a cable between existing utility poles in compliance with the National Electrical Safety Code.
(3) Notwithstanding any contrary provision of the West Valley City Municipal Code, if a small wireless facility permit is obtained, no other City permit is required for the specific work described in the small wireless facility permit application.
(4) All small wireless facility permit applications shall be submitted on a form provided by the City and shall include the following:
a. The location of the work;
b. The size and purpose of the work;
c. The person, firm, or corporation performing the work;
d. The person, firm, or corporation for whom the work is being performed;
e. An agreement that the applicant shall comply with all applicable legal requirements, including but not limited to the City Engineering Standards;
f. An industry standard pole load analysis demonstrating that the utility pole can safely support the small wireless facility and all existing equipment on the utility pole;
g. Copies of all licenses required to perform the work, including but not limited to state licenses;
h. If a small wireless facility or micro wireless facility is to be collocated on a support structure not owned by the City, the written consent of the owner of the support structure;
i. Any and all information required by applicable laws, ordinances, and the City Engineering Standards;
j. Payment of all required fees;
k. Evidence of insurance in a minimum sum of $100,000, guaranteed by a corporation licensed to do business in the State of Utah as a surety company, to indemnify, defend, and hold harmless the City from any loss, liability, damage, or claim arising from or relating to any work described in or related to the application;
l. Evidence of a completion bond in an amount sufficient to guarantee the proper restoration of the right-of-way to its prior condition, but in no event less than $50,000, guaranteed by a corporation licensed to do business in the State of Utah as a surety company; and
m. Any other information required to verify compliance with applicable laws, ordinances, and the City Engineering Standards.
(5) A small wireless facility permit application may include no more than 25 small wireless facilities or micro wireless facilities or 25 utility poles. The applicable fee shall be paid for each small wireless facility, micro wireless facility, or utility pole included in the application.
(6) A small wireless facility permit application shall be reviewed for completion within 30 days of receipt. Small wireless facility permit applications shall be approved or denied within 60 days of receipt of a complete application (for applications to collocate small wireless facilities) or within 105 days of receipt of a complete application (for applications for new, modified, or replacement utility poles).
(1) A new or modified utility pole with a collocated small wireless facility or micro wireless facility shall not exceed 50 feet above ground level at the highest point of the utility pole, the small wireless facility, the micro wireless facility, or any associated equipment or antennas.
(2) An antenna of a small wireless facility shall not extend more than 10 feet above the top of a utility pole existing on or before September 1, 2018.
(3) Micro wireless facilities, small wireless facilities, and utility poles shall not interfere with clear view of oncoming traffic or obstruct or impede vehicular or pedestrian traffic.
(4) Micro wireless facilities, small wireless facilities, and utility poles shall not be located in or overhang a sidewalk.
(5) No new utility pole or other support structure shall be erected in a right-of-way adjacent to a street that is not more than 60 feet wide.
(6) No new utility pole or other support structure shall be erected in a right-of-way adjacent to residential zones or uses.
(7) All new utility poles shall:
a. Be a monopole design without lattice or guy wires;
b. Be made of metal;
c. If located on a high image arterial, shall be designed to match the streetlight standards set forth for the high image arterial; and
d. If in an area with decorative poles, shall be designed to match the decorative poles in the area.
(8) No small wireless facility, micro wireless facility, or utility pole shall have any exposed wiring. All wiring shall be included within the utility pole structure.
(9) All equipment related to a small wireless facility or micro wireless facility on a utility pole shall be mounted at least eight feet above ground level.
(10) There is no minimum separation required between small wireless facilities, micro wireless facilities, and utility poles.
(1) In accordance with the requirements of Title 19, all rights-of-way shall be restored to their prior condition immediately following the work governed by this Part. Failure to restore the rights-of-way to their prior condition shall subject the wireless provider, contractor, or applicant to the consequences set forth in Title 19.
(2) The City may require a micro wireless facility, small wireless facility, or utility pole to be relocated at any time at no expense to the City if the City determines that the current location is undesirable. The applicant shall not be charged an application fee for the new location of a facility relocated in accordance with this subsection.
(3) All small wireless facilities, micro wireless facilities, and utility poles must be in active service within 270 days of approval or said small wireless facilities, micro wireless facilities, or utility poles shall be removed at the applicant’s expense.
(4) If any small wireless facility, micro wireless facility, or utility pole is not in active service for more than one year, said small wireless facility, micro wireless facility, or utility pole shall be removed at the applicant’s expense.
Applicants for a small wireless facility permit shall pay the fees set forth in the Consolidated Fee Schedule.
Regulations
At least 75% of the Building area shall be for retail sales.
The minimum Lot size for Agricultural Industry Uses with live animals shall be five acres.
Spacing requirements for Alcohol Establishments shall be determined by state law.
(1) No Alternative Financial Service Provider shall be located within 500 feet of any Agricultural Zone, Residential Zone, or residential Use.
(2) No Alternative Financial Service Provider shall be located within 1,000 feet of any other Alternative Financial Service Provider.
(3) No Alternative Financial Service Provider shall be located within 500 feet of any Regional Shopping Mall.
(4) One Alternative Financial Service Provider shall be allowed in the City for every 10,000 citizens of the City.
(5) Car Title Loan Businesses, Check Cashing Businesses, Pawnbrokers, and Unchartered Financial Service Providers are distinct land uses and cannot be substituted for one another if said Uses are nonconforming.
(1) All Automobile Service shall be conducted within an enclosed Building.
(2) Except as provided in subsection (3) below, inoperable vehicles, tires, parts, and service equipment shall not be stored outside.
(3) Inoperable vehicles awaiting service may be temporarily parked on site in accordance with the following standards:
a. Inoperable vehicles shall not be located within any minimum required parking stalls and drive aisles and shall not block any traffic flow.
b. Inoperable vehicles shall be screened from any adjacent streets by a building.
c. Inoperable vehicles shall have no visible exterior damage.
d. Inoperable vehicles must be located on asphalt or concrete.
Blood Plasma Centers shall be prohibited on all property with Frontage on Redwood Road and on 3300/3500 South between 2700 West and the Jordan River.
All Bus Terminals shall provide access to restroom facilities for customers, passengers, and operators.
(1) The following standards apply to all Cannabis Production Establishments and Medical Cannabis Pharmacies:
a. All outside areas of a Cannabis Production Establishment or Medical Cannabis Pharmacy site shall meet the minimum lighting levels for commercial uses set forth in Section 7-9-113.
b. A copy of an applicant’s state approved license application shall be submitted as part of the permitted or conditional use application.
(2) The following standards apply to all Cannabis Production Establishments:
a. There shall be no emission of dust, fumes, vapors, odors or waste into the environment from any facility where growing, processing and testing of cannabis occurs.
b. Spacing requirements set forth in state law shall apply.
(3) The following standards apply to all Medical Cannabis Pharmacies:
a. Spacing requirements set forth in state law shall apply.
b. A drive-through service shall not be allowed.
c. Outdoor seating areas shall be prohibited.
d. Outdoor vending machines shall be prohibited.
e. Permitted hours of operation shall be 8:00 A.M. to 8:00 P.M.
f. The maximum size of a Medical Cannabis Pharmacy shall be 3,000 square feet.
g. No more than one Medical Cannabis Pharmacy shall be permitted in the City for every 135,000 residents of the City, rounded down. For example, 270,000 residents would be required for a second Medical Cannabis Pharmacy to be permitted.
h. No cannabis products shall be visible from outside a Medical Cannabis Pharmacy building.
i. Signs for Medical Cannabis Pharmacies shall be limited to one Wall Sign on the front face of the building. Advertising standards set forth in state law shall apply.
j. No bars shall be placed on windows.
(1) Cargo Containers are not allowed in Residential Zones.
(2) Cargo Containers may be used in Agricultural Zones provided the following conditions are met:
a. The Cargo Container shall be located in the Rear Yard and meet the minimum required setbacks;
b. The Cargo Container shall be painted a solid neutral color such that all insignia, writing, or numbers on the Cargo Container are masked;
c. The Cargo Container is used for storage purposes only;
d. A minimum of one acre is required for each Cargo Container, with a maximum of two Cargo Containers allowed per Lot.
e. Cargo Containers shall comply with all applicable building codes.
(3) Temporary Residential Storage Containers are prohibited in Agricultural and Residential Zones except for moving purposes or construction and remodeling purposes. When a Temporary Residential Storage Container is used, it shall be:
a. Located out of the public Right-of-way,
b. Located on the subject property’s private driveway, unless used for new home construction or remodeling where the storage container may be located anywhere on the subject property provided it is not located on existing Landscaping.
c. Used for a maximum of 2 weeks (14 days) for moving purposes.
(4) Temporary Residential Storage Containers may be used for remodeling and construction purposes for a maximum of six (6) months in conjunction with a valid West Valley City building permit on the subject property.
(5) Cargo Containers may be used for storage in Commercial and Manufacturing Zones as follows:
a. Cargo Containers shall not be stacked on top of one another;
b. Cargo Containers shall be completely screened from view from any public Street through fencing, Landscaping, or Building placement;
c. Cargo Containers shall be located on concrete or asphalt; and
d. A building permit shall be obtained.
The minimum Lot size for Commercial Training of Animals shall be one acre.
(1) No Detention Facility/Jail shall be located within one quarter mile of any public or private School, Church, public library, Safe Route to School, public playground or park, Agricultural Zone, Residential Zone, or residential Use.
(2) The site shall have a buffer of at least 200 feet between the fenced compound and site property line. This buffer area may include xeriscape or turf Landscaping.
(3) No Detention Facility/Jail shall be located within 5 miles of any other Detention Facility/Jail.
(4) The Primary Façade of the facility must meet the West Valley City Commercial Design Standards.
(5) The landscaped setback along any public or private Right-of-way shall be at least 60 feet. The area shall include a 2-3' berm with one tree planted every 600 square feet. No more than 50% turf is allowed in this area and there must be a combination of 4 shrubs per tree with a mixture of living and non-living groundcover.
(6) The Applicant shall send a notice by mail to all property Owners or Persons operating a business within 300 feet of the property line of a proposed Detention Facility/Jail indicating the exact location of the property and its intended Use.
(1) It is unlawful for the keeper, manager or Person in charge of any Restaurant, Indoor Event Center, or Club Licensee to permit any singing, dancing, playing of musical instruments or any other form of amusement or entertainment to be carried on the premises when the closest point of the Building is within 500 feet of any Residential Zone or Use after ten o’clock (10:00) P.M. and before six o'clock (6:00) A.M. This restriction shall be extended to two o’clock (2:00) A.M. on January 1 for New Year’s Day.
(2) Parking Lots must be closed and vacated within thirty (30) minutes of closing by security Personnel.
(1) Outdoor Event Centers shall be located at least 300 feet from any Residential Use or Zone. This requirement shall not apply to the parking area associated with the Outdoor Event Center.
(2) Outdoor Event Centers located on the same property as a Regional Shopping Mall are a Conditional Use in the C-2 zone. The Planning Commission shall consider whether conditions, including but not limited to limits on the hours of operation and the location of sound emitting items, are necessary to minimize the impact of events on surrounding properties.
(1) Where stacking areas for drive-up windows are located along Street facing Façades of a Fast Food Establishment, a three-foot-tall Masonry Wall or three-foot landscaped berm shall be installed along the stacking areas.
(2) Where Fast Food Establishments with drive-up windows are located adjacent to a Residential Zone or Use, the order board, speakers, and pick-up window shall be located at least 50 feet from the nearest residential property line and any sound emitting from the order board, speakers, and pickup window shall not be audible from the nearest residential property line between 10:00 P.M. and 7:00 A.M.
(1) All Food Vending Units and Mobile Food Vending Vehicles shall be maintained in good condition and repair and constructed of surface materials that are smooth, easily cleanable, corrosion resistant, nontoxic, stable, non-absorbent of odors and constructed in accordance with the Salt Lake Valley Health Department regulations.
(2) A portable fire extinguisher Type 2A-10 BC minimum shall be mounted a minimum of three feet (3') away from any open flame or cooking area.
(3) In addition to the requirements of the National Electrical Code, the following provisions apply:
a. Extension cords used for power shall be U.L. listed for outdoor Use, sized for the connected electrical loads and protected by a circuit breaker.
b. Extension cords shall not be used in lieu of permanent wiring.
c. Electrical wiring exposed to the weather shall be U.L. listed for outdoor use.
d. Electrical receptacles shall have Ground Fault Circuit Interrupters.
e. All electrical wire splices shall occur inside a closed electrical box.
f. All lighting must have shatterproof bulbs or guards.
g. Electrical panels used for cooling, lighting, or power shall have a disconnecting means.
(4) LP (propane) tanks shall be mounted and secured outside of the vehicle/unit and shall be kept a minimum of three feet from any open flame. No freestanding propane bottles or bottles mounted in the interior of a vehicle/unit are permitted.
(5) When occupants cook inside the unit or vehicle, one 24” wide Exit door shall be provided with a minimum 24” clear Exit access aisle throughout the unit or vehicle interior.
(6) Any cooking conducted within an enclosed Structure producing grease vapors must have a Type 1 commercial cooking hood with a UL-300 wet suppression system complete with Type K extinguisher per NFPA 17A. The cooking hood shall be approved by the West Valley City Fire Department and annually inspected and tagged for compliance.
(7) Trash receptacles must be provided for patrons.
(8) Food Vending Units and Mobile Food Vending Vehicles shall be permitted only in a designated area on private property with another currently licensed and operational business on site.
(9) All signage shall be attached to the unit or vehicle.
(10) A Food Vending Unit shall not exceed a width of eight feet and a length of nineteen feet, including the hitch.
(11) Deep fat frying and related equipment shall be prohibited.
(12) An explosive gas detector and carbon monoxide alarm shall be mounted, operational, and installed in accordance with manufacturer instructions in all units.
(13) In Residential and Agricultural Zones, Food Vending Units and Mobile Food Vending Vehicles are prohibited unless accessory to an approved Community Use.
(1) All parking must be screened from view from adjoining properties.
(2) All greenhouses and Garden Centers must be located on a Street with at least 66 feet of existing Right-of-way or proposed Right-of-way on the Major Street Plan.
At least 75% of the Building area shall be for retail sales.
(1) All Home Occupations shall operate in accordance with the following requirements:
a. The outside appearance and architecture of the home shall not be modified to accommodate or promote a Home Occupation.
b. Home Occupations shall be conducted entirely within the home. No storage of merchandise, equipment, supplies, or materials shall occur outside of the home.
c. With the exception of Home Child Care, employees shall not come to the home to work unless said employees reside at the home. For Home Child Care, no more than one employee that does not reside at the home may come to the home to work.
d. Explosive or combustible materials shall not be stored or used in association with a Home Occupation.
e. The Home Occupation shall not disturb the residential character of the neighborhood.
f. Home Occupations shall not be conducted after 10:00 P.M. or before 6:00 A.M.
g. Home Occupations shall not be licensed, approved, or conducted without the written consent of the property Owner.
h. No more than 25 percent of any floor of the home shall be used for the Home Occupation.
i. Garages and Accessory Buildings shall not be used for Home Occupations except for vehicle storage. If a Conditional Use Permit is obtained, other storage may occur in garages and Accessory Buildings if the home retains two parking spaces for residents and the garage is still usable for parking.
j. Home Occupations shall have no more than two customers per hour visiting the residence. If a Conditional Use Permit is obtained, up to six customers per hour may visit the residence.
(2) Vehicles may be used in association with a Home Occupation in accordance with the following requirements:
a. With the exception of Home Child Care, only one vehicle may be used in association with a Home Occupation. For Home Child Care, two vehicles may be used in association with a Home Occupation.
b. The maximum size of a vehicle used in association with a Home Occupation shall be equivalent to a one-ton pickup truck. If a Conditional Use Permit is obtained and the vehicle is screened and parked on private property, a larger commercial vehicle may be used if it is not a Heavy Truck.
c. Vehicles used in association with a Home Occupation must be parked on private property. With the exception of Home Child Care, vehicles shall be parked outside of the required Front Yard setback. For Home Child Care with two vehicles, one vehicle shall be parked outside of the required Front Yard setback and the other vehicle may be parked within the required Front Yard setback on an approved surface.
d. Tow trucks, tanker trucks, box vans, delivery vans, and similar vehicles shall not be stored on site. Such vehicles may be located off site in an approved off-site storage location.
e. One trailer may be used in association with a Home Occupation in accordance with the following standards:
i. The maximum body length of an enclosed trailer is 20 feet. The maximum body length of an open trailer is 16 feet.
ii. Trailers must be garaged or stored on private property and may not be located within the Front Yard setback or, for Corner Lots, in either the Front or Side Yard setback.
iii. Trailers may have one sign covering the lesser of 24 square feet or 30 percent of the side panel of the trailer.
f. Off-Street parking must be sufficient for both the residents of the home and the vehicle and/or trailer used in association with a Home Occupation.
g. Vehicles used in association with a Home Occupation may have a single sign no larger than four square feet.
(3) Sales may be conducted in association with a Home Occupation in accordance with the following requirements:
a. Direct retail sales from display shelves are prohibited.
b. Promotional meetings to sell merchandise, take orders, or conduct similar activities shall not be held more than one day per month.
c. Garage, Basement, or Yard sales shall be conducted a maximum of three times per year, and each sale must last no more than 72 hours.
(4) Home Child Care may be offered as a Home Occupation in accordance with the following requirements:
a. Only one Home Occupation shall be licensed to conduct Home Child Care per Dwelling Unit.
b. The Home Occupation shall comply with the maximum capacity requirements set forth by state law for a licensed family child care facility.
(5) Home Preschools may be conducted as a Home Occupation in accordance with the following requirements:
a. No more than 10 children shall be present during a session.
b. Sessions shall last no more than four hours.
c. Home Preschools shall conduct no more than two sessions per day. If two sessions are conducted, a break of at least 30 minutes must occur between sessions.
d. Individual children shall not attend more than one session per day.
e. Drop off and parking shall not occur on the Street.
f. If children have access to the Rear Yard area, the Rear Yard shall be fully Fenced with a self-latching gate.
(6) Only the following Home Occupations are allowed:
a. All Uses that are allowed in the RB zone except for Financial Institutions and Veterinary Hospitals.
b. Artist Studios and Neighborhood Service Establishments.
(7) Home Occupations in Accessory Buildings shall be conducted as a Conditional Use in accordance with the following requirements:
a. The Home Occupation conducted in the Accessory Building shall be limited to instructional businesses, such as musical or artistic instruction. The craft, skill, or practice taught must be a permitted Use in the underlying zone.
b. The Accessory Building shall be existing at the time of application and shall not be constructed for the primary purpose of housing the Home Occupation.
c. A maximum of six students per session and three sessions per day shall be observed.
d. Hard surfaced access and off-street parking shall be provided.
e. The Home Occupation shall be entirely located within a legally built and conforming enclosed Structure and shall not encroach into any carport, Garage, patio, breezeway, or Yard space.
f. The Home Occupation shall not displace minimum required parking for the residence.
g. The Home Occupation shall only operate when classes are in session and students are present.
h. A Conditional Use Permit shall be obtained.
The following standards shall apply to all Internal Accessory Dwelling Units:
(1) Only one Internal Accessory Dwelling Unit may be permitted within a Single Unit Dwelling.
(2) A separate utility meter for an Internal Accessory Dwelling Unit shall be prohibited.
(3) An Internal Accessory Dwelling Unit shall be designed in a manner that does not change the appearance of the primary Dwelling as a Single Unit Dwelling.
(4) At least one additional on-site parking space shall be provided outside of the Front Yard setback for an Internal Accessory Dwelling Unit.
(5) If an Internal Accessory Dwelling Unit is created within a garage, the parking spaces displaced by the Internal Accessory Dwelling Unit shall be replaced within a garage. If an Internal Accessory Dwelling Unit is created within a carport, the parking spaces displaced by the Internal Accessory Dwelling Unit shall be replaced within a carport.
(6) An Internal Accessory Dwelling Unit shall be prohibited within a mobile home.
(7) A business license shall be required to rent an Internal Accessory Dwelling Unit. An Internal Accessory Dwelling Unit that is rented shall be rented for a period of at least 30 consecutive days.
(8) An Internal Accessory Dwelling Unit shall be prohibited in any Single Unit Dwelling that is not occupied as the primary residence of the owner of record.
(9) Internal Accessory Dwelling Units shall be prohibited on a lot that is:
a. Six thousand square feet or less in area; or
b. Occupied by a Single Unit Dwelling located east of 4000 West.
The minimum Lot size for Kennels shall be one acre.
The following standards shall apply to all Lodging Facilities that are new Development, redevelopment, changed from another Use, or retrofits of existing Buildings:
(1) The minimum number of floors within the Building shall be three. Any Basement space shall not count toward meeting the minimum floor requirement.
(2) Where stucco or fiber cement siding are used as exterior materials, at least 25% of the exterior shall be brick, stone or another comparable material approved by the Planning Commission.
(3) A Porte-cochere is required.
(4) At least six of the following seven amenities shall be included:
a. Swimming pool
b. Hot tub
c. Fitness Room
d. Business Center
e. Meetings Rooms
f. Common Breakfast Space
g. Restaurant
(5) The minimum, overall average area per guest room shall be 500 square feet. This number shall be calculated by dividing the total Lodging Facility area by the total number of guest rooms that can be used by guests for lodging.
(6) All Lodging Facilities shall meet the Commercial Design Standards in Chapter 7-11.
(7) Each guest room within a Lodging Facility shall include a restroom. Lodging Facilities with four or fewer guest rooms are exempt from this requirement.
(8) Lodging Facilities are encouraged within Commercial Complexes where complementary Uses such as dining, shopping and entertainment are within close proximity.
(9) In addition to meeting these standards, existing Buildings or Structures being converted to be or include a Lodging Facility shall be brought into conformance with all applicable Building codes.
(10) All guest rooms in Lodging Facilities shall be accessed from interior corridors.
Medical and Dental Offices shall be permitted in the M (Manufacturing) zone only on properties that are partially or entirely located within 500 feet of a Residential Use or Residential Zone, as measured in a straight line from the nearest point of the property boundary to the nearest point of the Residential Use or Residential Zone boundary.
(1) Outside Display of Merchandise is prohibited within required parking areas.
(2) Outside Display of Merchandise is prohibited within 20 feet of a public Right-of-way without a Conditional Use Permit. With a Conditional Use Permit, Outside Display of Merchandise may go to within 10 feet of the property line.
(3) Notwithstanding subsection (2) above, Outside Display of Merchandise is permitted on the public Sidewalk along Market Street within the City Center zone.
(1) Outside Storage is prohibited in all areas designated or required for Building setbacks, off-Street parking, maneuvering, loading, or Landscaping.
(2) Landscaped areas that are not required by this Title or as a condition of approval may be used for Outside Storage if the Landscaping is replaced with an appropriate surface.
(3) All Outside Storage areas shall be screened from public view. The Planning Commission shall require such screening by means of fencing, Landscaping, Building placement, topography, berming, or other appropriate method.
(4) Outside Storage that occurs on property adjacent to a High-Image Arterial Street as listed in Section 7-10-102 shall be screened from public view by means of a building or a Masonry Wall meeting the requirements in Section 7-2-114 and having a minimum height of six feet. The Planning Commission may require the height of the Masonry Wall to be eight feet to effectively screen the storage of items that exceed six feet in height.
(5) The Planning Commission may waive screening requirements when, due to changes in topography or the distance of Outside Storage areas from Rights-of-way, screening techniques would not be effective.
(6) All Outside Storage areas shall be surfaced appropriately. The Planning Commission shall evaluate the proper surfacing material during the Conditional Use process.
The minimum Lot size for radio and television facilities shall be five acres.
(1) Definitions:
a. “Community Location” means:
i. a public or private kindergarten, elementary, middle, junior high, or high School;
ii. a licensed child-care facility or preschool;
iii. a trade or technical School;
iv. a Church;
v. a public library;
vi. a public playground;
vii. a Public Park;
viii. a youth center or other space used primarily for youth oriented activities;
ix. a public recreational facility; or
x. a public arcade.
b. “Retail Tobacco Specialty Business” means a Commercial establishment in which:
i. the sale of tobacco products accounts for more than 35% of the total annual gross receipts for the establishment;
ii. food and beverage products, excluding gasoline sales, is less than 45% of the total annual gross receipts for the establishment; and
iii. the establishment is not licensed as a pharmacy under Title 58, Chapter 17b, Pharmacy Practice Act.
c. “Tobacco product” means:
i. any cigar, cigarette, or electronic cigarette as defined in Utah Code Annotated Section 76-10-101;
ii. a tobacco product as defined in Utah Code Annotated Section 59-14-102, including:
1. chewing tobacco; or
2. any substitute for a tobacco product, including flavoring or additives to tobacco; and
iii. tobacco paraphernalia as defined in Utah Code Annotated Section 76-10-104.1.
(2) A Retail Tobacco Specialty Business shall not be located within:
a. 1,000 feet of a Community Location;
b. 600 feet of another Retail Tobacco Specialty Business; or
c. 600 feet of a Residential or Agricultural Zone or Use.
(3) For the purposes of subsection (2) above, the proximity requirements shall be measured in a straight line from the nearest Entrance of the Retail Tobacco Specialty Business to the nearest property boundary of the Community Location, Retail Tobacco Specialty Business, or Agricultural or Residential Zone or Use, without regard for intervening Structures or Zoning districts.
(4) A Retail Tobacco Specialty Business that has a business license and was operating lawfully in the City on or before May 8, 2012 is exempt from the requirements of subsection (2) if said business meets all of the following criteria:
a. The business license has been renewed continuously without relapse or permanent revocation;
b. The Retail Tobacco Specialty Business is not closed for business or otherwise suspends the sale of Tobacco Products for more than 60 consecutive days;
c. The Retail Tobacco Specialty Business does not substantially change the business premises or its business operation; and
d. The Retail Tobacco Specialty Business maintains the right to operate under the terms of other applicable laws, including but not limited to Zoning Ordinances, building codes, and the business license that was issued prior to May 8, 2012.
(1) Notwithstanding Self-Storage Facilities are only allowed in the Manufacturing (M) Zone, Self-Storage Facilities shall meet the Commercial Design Standards in Part 3 of Chapter 7-11.
(2) A Self-Storage Facility under 60,000 square feet may have one Caretaker’s Dwelling. A Self-Storage Facility with at least 60,000 square feet and less than 90,000 square feet may have two Caretaker’s Dwellings. A Self-Storage Facility with 90,000 square feet or more may have three Caretaker’s Dwellings.
(1) The purpose and objective of this Section is to establish reasonable and uniform regulations to prevent the concentration of sexually-oriented businesses, prevent the location of such businesses in areas harmful to the City, regulate the signage of such businesses, control the adverse and secondary effects of such signage, and to prevent inappropriate exposure of such businesses to the community and secondary effects arising from their presence or concentration. Any terms pertaining to sexually-oriented businesses that are not defined in this Title 7 shall have the meaning given in Title 17.
(2) Sexually-oriented businesses, outcall services, and service-oriented escort bureaus shall only be permitted in areas zoned M and designated for heavy manufacturing in the General Plan, with the following additional restrictions:
a. No sexually-oriented business, outcall service, or service oriented escort bureau shall be located within 1,000 feet of any School, Public Park, library, or Religious Institution.
b. No sexually-oriented business, outcall service, or service oriented escort bureau shall be located within 600 feet of any High-Image Arterial as defined in Chapter 7-10 or U-111 Highway, as measured from the Right-of-way boundary.
c. No sexually-oriented business shall be located within 1,000 feet of any Residential Use or Residential or Agricultural Zone.
d. No sexually-oriented business shall be located within 600 feet of any other sexually-oriented business (excluding outcall services).
e. All distances specified in this Section shall be measured in a straight line from the property or Right-of-way boundaries to the Structure containing the sexually-oriented business, without regard for intervening Structures, properties, or Zoning districts.
(3) Signs for sexually-oriented businesses shall be limited as follows:
a. No more than one exterior sign shall be permitted.
b. No sign shall exceed eighteen square feet.
c. No animation shall be permitted on or around any sign or on the exterior walls or roof of any sexually-oriented business.
d. Signs shall contain alphanumeric copy only. No descriptive art or designs depicting any activity related to or inferring the nature of the business shall be allowed on any sign.
e. Only flat wall signs or awning signs shall be permitted.
f. Painted wall advertising shall not be permitted.
g. Except as explicitly permitted by this subsection (3), the sexually-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.
h. All requirements set forth in Title 11 of the West Valley City Municipal Code shall apply. However, where these regulations differ from Title 11, the stricter requirements shall prevail.
(4) All existing legally nonconforming sexually-oriented businesses existing as of October 4, 1993, shall comply with the provisions of this chapter no later than July 4, 1994.
The minimum Lot size for Shopping Centers shall be three-quarters of one acre. The area of adjoining Parcels may be combined to meet the minimum required area if the Parcels share access and parking.
(1) Definitions:
a. For the purpose of this Section, “Tobacco Products” shall have the meaning set forth in Section 10-8-41.6, Utah Code Annotated, or any amended or successor statute.
b. A business or establishment is a “Tobacco Oriented Business” if it meets any of the following criteria at any time:
i. More than two percent of the floor area (including Warehouse or office space) is used for the sale or display of Tobacco Products;
ii. The business or establishment sells, displays, or makes available any of the following in any quantity:
1. Tobacco paraphernalia as defined in Section 76-10-104.1, Utah Code Annotated, or any amended or successor statute;
2. Hookah products or accessories; or
3. Pipes or any similar product.
c. Businesses qualifying as Retail Tobacco Specialty Businesses as defined by this Title are not Tobacco Oriented Businesses and shall not be licensed as Tobacco Oriented Businesses.
(2) The following restrictions apply to Tobacco Oriented Businesses:
a. Only one Tobacco Oriented Business shall be permitted in the City for every 10,000 citizens of the City.
b. Tobacco Oriented Businesses cannot be located in multitenant Buildings. All Tobacco Oriented Businesses established, licensed, or applying for land use approval must be located in a Building meeting the Commercial Design Standards set forth in this Title, even if said Building was existing on the date of this ordinance.
c. Tobacco Oriented Businesses shall not be located within 200 feet of a Major Arterial as defined in the City’s Major Street Plan. Tobacco Oriented Businesses shall not be located within 300 feet of any Agricultural Zone, Residential Zone or Use, Public Park, School, Tobacco Oriented Business, or Retail Tobacco Specialty Business. These distances shall be measured in a straight line from the nearest Entrance of the Tobacco Oriented Business to the nearest property boundary of the Uses and zones set forth herein, without regard to intervening Uses, Structures, or Zoning districts.
(3) Disclosure requirements for Tobacco Oriented Businesses are as follows:
a. All Tobacco Oriented Businesses must disclose their status as a Tobacco Oriented Business on a form created by the City. This disclosure must be submitted with any new or renewal business license application or with any land use application.
b. The disclosure requirements of this subsection (3) apply to both new and existing businesses, even if a business is a legal Nonconforming Use.
c. Failure to make the disclosure required by this Section or making misleading or inaccurate statements in or in connection with said disclosure shall constitute sufficient grounds for the denial of a new or renewal business license application, revocation of an existing business license, or revocation of a land use approval.
(1) The minimum Lot size for Turf Farm Equipment Manufacturing shall be five acres.
(2) All assembly, repair, storage and maintenance must be conducted within an enclosed structure.
(3) The total area dedicated to this use within a structure or structures shall not exceed 25,000 square feet.
(4) Must provide a hard surface access to the facility and hard surface parking for employees and customers.
(5) All structures used for this purpose must be set back at least 75 feet from any residential zone boundary.
The minimum Lot size for Veterinary Hospitals shall be one acre.
(1) “Alternative Energy System” means a Small Wind Energy System or Solar Energy Collection System.
(2) “Building-Integrated Solar Energy Systems” means a Solar Energy Collection System that is an integral part of a principal or Accessory Building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the Building including, but not limited to, photovoltaic or hot water solar systems contained within roofing materials, windows, skylights and awnings.
(3) “Height” means the height of a Small Wind Energy System measured from natural Grade to the tip of the rotor blade at its highest point or highest component of the system, or the height of a Solar Energy Collection System measured from natural Grade to the highest point of the device or component of the device.
(4) “Meteorological Tower (Met tower)” means a temporary tower, housing or supporting wind measuring equipment for the purpose of establishing the viability of the wind generated energy by measuring and monitoring wind velocity, direction, shear, duration, Intensity, and regularity.
(5) “Rated Nameplate Capacity” means the maximum rated output of electric power production equipment. This output is typically specified by the manufacturer with a "nameplate" on the equipment rated in Watts (W) or British Thermal Units (BTUs).
(6) “Small Wind Energy System” means all equipment, machinery, and Structures utilized in connection with the conversion of wind to electricity. This includes, but is not limited to, storage batteries, electrical collection devices and supply equipment, transformers, service and access roads, support Structures and one or more wind turbines.
(7) “Solar Energy Collection System” means a device or combination of devices or Structures that transform direct solar energy into thermal or electrical energy and that contribute significantly to a Structure’s thermal or electrical energy supply. The energy generated may also be distributed to an energy grid. This includes, but is not limited to, solar collectors, solar panels, solar hot water heaters, storage batteries, transformers, heat exchangers and distribution components.
(1) Alternative Energy System Permit Required.
a. Building Permit Application. Building permits shall be required for all Alternative Energy Systems. Applications for an Alternative Energy System permit shall be made to the West Valley City Community and Economic Development Department. All applications shall include the following documentation:
i. Engineered Drawings. The building permit application shall include standard drawings of the Alternative Energy System and stamped engineered drawings of the tower, base, footings, supports, and/or foundation as provided by the manufacturer. The engineered drawings shall include productive capacity of Alternative Energy Systems and wind loads for Wind Energy Systems.
ii. Site Plan. The building permit application shall include a Site Plan that includes the following elements.
1. The Site Plan shall include a date, North arrow and appropriate scale to reflect adequately the detail necessary to describe the location and Use. The plan shall be accurate in terms of scale and dimensions;
2. The Site Plan shall include the locations of existing property lines, public or private Rights-of-way, and public roads.
3. The Site Plan shall include the dimensions and locations of existing improvements, including but not limited to, Buildings and Structures, Fences and overhead utility lines.
4. The Site Plan shall include the dimensions and locations of existing or proposed Alternative Energy Systems, associated components, security Structures, Fences, and support Structures.
iii. Utility Notification. The building permit application shall include evidence that the relevant electric utility company has been informed of the customer’s intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
b. Fire and Emergency Access. Alternative Energy Systems shall be located on the property such that they will not pose a danger to emergency Personnel or equipment. Small Wind Energy Systems shall not be roof-mounted on a side that is dedicated to emergency equipment or Personnel access and the side of a Building where emergency service resources are located. The West Valley City Fire Department or designee shall review Alternative Energy System Permit plans and determine potential hazards to emergency Personnel and equipment.
c. Small Wind Energy System Permit Limit. In any Residential Zone, no more than one (1) Small Wind Energy System permit shall be allowed concurrently on a parcel or Lot. Parcels and Lots over one (1) acre shall be exempt from this limit.
d. Meteorological Tower (Met Tower). A Meteorological Tower shall be treated herein as a Small Wind Energy System.
e. Modifications. Any physical modification to an existing and permitted Alternative Energy System that alters the size and/or type of components or other equipment shall require a permit modification under this ordinance. Replacement of parts on an already permitted system shall not require a permit modification.
f. Expiration. A permit issued pursuant to this ordinance shall expire if:
i. The Alternative Energy System is not installed and functioning within six (6) consecutive months from the date the permit is issued; or
ii. The Alternative Energy System is abandoned.
g. Violations. It is unlawful for any Person to construct, install, alter or operate an Alternative Energy System that is not in compliance with this ordinance or with any condition contained in a building permit issued pursuant to this ordinance.
h. Administration and Enforcement.
i. This ordinance shall be administered and enforced by the West Valley City Chief Building Official or their designee.
ii. The Chief Building Inspector or their designee may enter any property for which a building permit has been issued under this ordinance to conduct an inspection to determine whether the conditions stated in the permit have been met.
(2) Compliance with Laws, Ordinances, and Regulations. The construction and operation of all Alternative Energy Systems shall be consistent with all applicable local, state, and federal requirements, including all applicable safety, construction, building, environmental, electrical, communications, and FAA aviation requirements. Alternative Energy Systems shall comply in all respects with building and electrical codes contained in the International Building Code, International Residential Code and National Electric Code as adopted by West Valley City.
(3) Site Conditions and Property Maintenance.
a. Land Clearing, Soil Erosion, and Habitat Impacts. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation, and maintenance of the Alternative Energy System and is otherwise prescribed by applicable laws, regulations and ordinances. Once the system is operational, any land that has been disturbed and is not necessary for the functioning of the system shall be reclaimed with natural vegetation immediately. Soil erosion is to be mitigated such as by the use of silt fencing, the captured product of which can be used in the vegetation reclamation.
b. System Conditions. The Applicant shall maintain the Alternative Energy System in good and operable condition. Maintenance shall include, but not be limited to, painting, mechanical/electrical repairs, structural repairs, and security measures including security fencing.
c. Removal and Decommissioning Requirements. Any Alternative Energy System, which has reached the end of its useful life or has been abandoned, shall be removed.
i. An Alternative Energy System shall be considered abandoned when it fails to operate within the past twelve (12) consecutive months.
ii. Upon a Notice of Abandonment issued by West Valley City, the Alternative Energy System Owner shall have sixty (60) days to provide sufficient evidence that the system has not been abandoned. If the system has not been removed or proven not to be abandoned after this period, the Alternative Energy System may be abated by West Valley City in accordance with the procedures in Title 10 of West Valley City Code.
iii. Once the Alternative Energy System has been removed, the Owner is then responsible for land reclamation using the natural vegetation types that were removed or disturbed upon construction of the project. To the greatest extent possible, the land shall be fully returned to its natural state within twelve (12) months of the removal and decommissioning of the project. A reclamation bond may be required for larger systems.
(1) Height. The Height of Small Wind Energy Systems in Residential or Commercial Zones shall not exceed eighty (80) feet, measured at the highest point of the turbine blade or other component. In Agricultural or Manufacturing Zones, the Small Wind Energy System shall not exceed one hundred and twenty (120) feet. If the Small Wind Energy System is Attached to a Building or Structure, this measurement shall include the height of the Building or Structure. The Small Wind Energy System shall comply in all respects with ‘Federal Aviation Regulations Part 77', and any other applicable Federal Aviation Administration requirements.
(2) Setbacks. Small Wind Energy Systems shall be set back at a distance equal to or greater than one hundred percent (100%) of the total height of the system from all overhead utility lines, property lines, and public roads or public Rights-of-way. If the Small Wind Energy System is installed on a roof, the total height is equal to the roof height and tower height. Guy wires and other support devices shall be set back at least five (5) feet from all property lines. Guy wires and other support devices shall be set back at least twenty (20) feet from any public Right-of-way. Small Wind Energy Systems shall not be allowed in the required Front Yard setback.
(3) Minimum Blade Height. The minimum height of the lowest point of a turbine blade shall be fifteen (15) feet above the ground and ten (10) feet above or distant from any roof surface.
(4) Color and Finish. The Small Wind Energy System shall remain painted or finished the color or finish that was originally applied by the manufacturer, or shall be painted gray, beige, or white. Rust, corrosion or peeling paint on any component of an Alternative Energy System shall be repaired and/or repainted.
(5) Lighting. Illumination or lighting on the Small Wind Energy System shall be prohibited except as required and allowed by the Federal Aviation Administration.
(6) Signage and Advertising. Signs and advertising shall be restricted to reasonable identification of the manufacturer, operator of the Small Wind Energy System, utility, and safety signs. No other signage shall be permitted.
(7) Access. No tower shall have a climbing apparatus within twelve (12) feet of the ground. All access doors or access ways to towers and electrical equipment shall be accessible by authorized Personnel only. Towers with lattice within twelve (12) feet of the ground shall be enclosed within a secured Fence or wrapped by a protective metal mesh up to twelve (12) feet and sufficient to prevent climbing.
(8) Feeder Lines. All exterior electrical lines shall be placed in a conduit and buried below the surface of the ground. Electrical lines may be placed overhead only near points of interconnection to the electric grid.
(9) Sound. The Small Wind Energy System and associated equipment shall not exceed fifty (50) dB(A) for any period of time under normal operating conditions as measured from the nearest neighboring inhabitable Structure. This maximum sound level may be exceeded during short-term events beyond the Owner’s or operator’s control such as utility outages and/or severe wind storms.
(10) All wind turbines or Small Wind Energy Systems with a rated nameplate capacity over 100 kilowatts are prohibited.
(1) Height. Roof mounted Solar Energy Collection Systems shall comply with the maximum height requirements in the applicable zone. Where maximum height is measured at the midpoint between eaves and roof peak, and where the roof peak exceeds the maximum Building Height, the Solar Energy Collection System shall not exceed the height of the roof peak. Ground-mounted Solar Energy Collection Systems shall not exceed fourteen (14) feet in height.
(2) Exemption. Passive or Building-Integrated Solar Energy Collection Systems are exempt from the requirements of this section and shall be regulated as any other Building element.
(3) Ground-Mounted Solar Energy Collection Systems.
a. All exterior electrical and/or plumbing lines shall be placed in a conduit and buried below the surface of the ground. Electrical lines may be placed overhead only near points of interconnection to the electric grid.
b. Ground-mounted Solar Energy Collection Systems shall be limited to a maximum area of two-hundred (200) square feet.
c. Ground-mounted Solar Energy Collection Systems in Residential Zones shall be limited to the Side or Rear Yard and shall be treated as Accessory Structures.
d. Ground-mounted Solar Energy Collection Systems in all zones except Residential Zones shall be limited to the side or Rear Yard and shall not encroach into any required setback.
(4) Roof-Mounting. Roof-mounted Solar Energy Collection Systems shall be flush-mounted and parallel to the roof surface to the extent possible. Solar Energy Collection Systems may be bracket mounted or tilted on flat or pitched roofs to improve efficiency, but shall have at least one (1) side of the array within twelve (12) inches of the roof surface or, for Buildings with a Parapet, within twelve (12) inches of the top of a Parapet.
(1) The requirements and standards set forth below are meant to mitigate the substantial impacts of Vehicle Recycling Facilities and Towing and Impound Yards.
(2) The requirements are designed to improve the aesthetics, general appearance, and functioning of Vehicle Recycling Facilities and Towing and Impound Yards, including screening of all storage areas.
(1) All Vehicle Recycling Facilities and Towing and Impound Yards shall be surrounded by an eight-foot solid visual barrier Fence for all Frontages along a public Street. An eight-foot visual barrier Fence is required on the exterior property lines except that the common boundary with another Vehicle Recycling Facility or Towing and Impound Yard may be marked with a chain link barrier Fence. The Fence must completely screen the vehicle storage area from view from other properties. These visual barriers may be increased in style, height or durability as determined by the Planning Commission. The visual barrier shall be painted or constructed of one color and material providing a consistent appearance. Notwithstanding the above requirements, parking areas for customers, employees, and vehicle sales are not required to be behind a visual barrier Fence.
(2) All Vehicle Recycling Facilities and Towing and Impound Yards shall hard surface the entire vehicle storage parking and maneuvering areas with concrete, asphalt or approved engineered dustless surface.
(3) All Vehicle Recycling Facilities and Towing and Impound Yards shall be located on a properly drained site that is properly graded to ensure rapid drainage and to ensure that the site remains free from stagnant pools of water. Properties shall provide a site drainage plan and grading plan with adequate facilities to dispose of any runoff and any contaminants by a method that is approved by the West Valley City Public Works Department.
(4) All Vehicle Recycling Facilities and Towing and Impound Yards shall provide the City with a fluid drainage and disposal plan that complies with all federal, state and local standards.
(5) The construction or operation of the Vehicle Recycling Facility or Towing and Impound Yard shall not add to the contamination of the soil, alter ground water flow, create additional drainage runoff or alter topography in such a way that creates hazards to the proposed site, adjoining properties, or the City.
(6) Vehicle Recycling Facilities shall construct and maintain a permanent Primary Building.
(7) Permanent Landscaping shall be designed and installed that complies with the requirements of the underlying zone and the landscape standards as outlined in Chapter 7-10. No vehicles shall be parked or displayed within the areas designated for Landscaping.
(8) Customer parking must be separate from the vehicle storage area and accessible from the public road without being restricted with Fences or gates. Any operable licensed vehicles being displayed for sale shall be located in a separate designated area and are not required to be screened with a visual barrier.
(9) Vehicle Recycling Facilities and Towing and Impound Yards shall provide a vehicle parking plan that demonstrates that the stored vehicles or partial vehicles are stored in a unified organized manner. A minimum of a 20-foot wide drive access way with a 44-foot-wide outside turning radius shall be provided between every two rows of vehicles to facilitate emergency vehicles and tow vehicles. When fire hydrants are provided at the access ways, the width of the road shall be 28 feet wide for a minimum of 20 feet on both sides of the fire hydrant.
(10) Vehicles shall not be stacked. Only one vehicle height shall be permitted within the vehicle storage areas. An area may be designated for vehicles awaiting removal from the Yard which are crushed (flattened) vehicles and may be stacked to a height no greater than the height of the adjoining screen Fence. Stacked crushed vehicles can exceed the height of the adjoining Fence by one-foot for every 20 feet of setback from the property line. If the vehicle stacking exceeds the eight-foot height and is within 150 feet of a public Street, additional screening shall include one and three-quarters to two-inch caliper trees spaced no more than 25 feet apart maintained with an adequate watering system.
(11) Vehicle staging areas shall be provided outside of the public accessible areas where vehicles are loaded or unloaded. No loading or unloading or storage of any vehicles is permitted within the public Right-of-way or within the customer parking lot.
(12) Vehicle Recycling Facilities and Towing and Impound Yards shall not allow objectionable smoke, noise, odors, or other adverse impacts on adjoining properties or the City. No burning of any waste materials is permitted unless it is a part of an approved contained heat system specifically for reuse of waste materials.
(13) All grounds and Buildings shall be maintained free of insect and rodent harborage and infestation. Vehicle Recycling Facilities and Towing and Impound Yards shall be maintained free of organic waste or inappropriately stored flammable materials. Materials that are customary to the business shall be stored in accordance with applicable laws.
(14) Adequate facilities and infrastructure shall be provided for fire protection as determined by applicable law. Fire extinguishers shall be kept within the Buildings and storage Yard location as deemed necessary and shall be maintained in good operating condition. A pressurized water system is required to serve the Vehicle Recycling Facilities and Towing and Impound Yards in order to provide adequate fire protection and culinary water. Fire hydrants served from this water system shall be installed and maintained in accordance with approved plans and in accordance with the International Fire Code.
(15) All Vehicle Recycling Facilities and Towing and Impound Yards shall be served by a sanitary sewer system. Connection to these facilities shall be mandatory and no private septic sewer systems are permitted.
(16) No signage shall be permitted on fencing unless explicitly required by state law. Any such signage shall be the minimum size necessary to comply with state requirements.
Vehicle Recycling Facilities and Towing and Impound Yards legally approved and existing as of December 16, 2003, may continue to be operated and maintained without the site improvements and design restrictions of this Part. However, legal nonconforming Vehicle Recycling Facilities and Towing and Impound Yards may not be expanded or modified.
This part addresses planning issues brought on by the rapid growth, continuing Development, and increasing demand of communication services. This chapter distinguishes communication services from other broadcast-type technologies and establishes provisions that address issues of demand, visual mitigation, noise, engineering, residential impacts, safety, and facility siting. The West Valley City Council determines that enacting this Part is necessary to accomplish the following goals:
(1) To promote the health, safety, welfare, and enjoyment of the City's residents by accommodating the need for communication service.
(2) To direct the location of Communications Towers within the boundaries of the City to provide adequate service to City residents, while minimizing potential adverse effects caused by the towers.
(3) To mitigate the potential adverse effects of Communications Towers by minimizing the number of towers, promoting careful placement and siting, and requiring Landscaping, screening, and camouflage techniques.
(4) To promote the long-term viability and adequacy of communication service in the area by requiring Development Plans showing the anticipated number of towers required to provide service for the near future.
(1) Airport Communication. Communication between aircraft and Airport ground facilities.
(2) Communication Antenna. Any transmitting and receiving device designed to radiate and capture communications signals consisting of electromagnetic or microwave radiation, as authorized by the Federal Communications Commission, to provide low power radio communication service. "Communication Antenna" does not include non-Commercial or Transmission Antennas.
(3) Communications Facility. Any Communication Antenna, Communications Tower, Accessory Building, or any other Structure or equipment installed for the primary purpose of providing low power radio communication service, including but not limited to Commercial and private low power radio communication services, cellular services, Personal communication systems, paging services, and similar services.
(4) Communications Tower. A tower that supports or contains communications antennas (transmitting or receiving) or related communications equipment. "Communications Tower" also includes equipment and facilities permanently associated with the tower, whether or not such equipment or facilities are used directly to provide communication service.
(5) Guyed Tower. A Communications Tower requiring guy wires or other stabilizers for support.
(6) Interference. Disruption of communication by static, jamming, or blocking of frequencies.
(7) Lattice Tower. A self-supporting multiple sided Communications Tower characterized by an open frame.
(8) Monopole Tower. A self-supporting Communications Tower consisting of a single pole without guy wires or other stabilizers.
(9) Non-Commercial Antenna.
a. A transmitting or receiving device designed to radiate or capture communication signals consisting of electromagnetic or microwave radiation, for private, non-Commercial recreational Use. "Non-Commercial Antenna" includes, but is not limited to, radio and television antennas, satellite antennas, amateur radio antennas, and antennas used for individual delivery of low power radio communication service.
b. Antennas associated with Commercial or manufacturing Structures for the purpose of transmitting or receiving signals are Non-Commercial Antennas, if the Use of the antenna is incidental to the Primary Use of the Structure. This includes, but is not limited to, antennas for individual delivery of low power radio communication service incidental to the Primary Use of the Structure.
(10) Stealth. A communications antenna, facility and/or Structure that is completely disguised as another object or otherwise concealed from view thereby concealing the intended Use and appearance of the facility and where the dimensions of the facility reasonably approximate the dimensions of the object they are being disguised as and the location of the Stealth facility is in concert with its surroundings. Examples of Stealth facilities include, but are not limited to, trees, synthetic rocks, flag poles, light pole standards, or architectural elements such as dormers, steeples, and chimneys. Final determination regarding Stealth poles shall be made by the Community and Economic Development Staff based on these standards. All antennas and associated equipment not camouflaged in a manner to be completely disguised as another object or otherwise be concealed from view by concealing the intended Use and appearance of the facility are not Stealth.
(11) Transmission Antenna. A device that primarily transmits signals by electromagnetic or microwave radiation over a large area. A Transmission Antenna may also receive signals as part of its operation, but the Primary Use is for large area transmission. "Transmission Antenna" includes but is not limited to Commercial radio and television broadcast antennas and does not include Communications Facilities.
(12) Roof Mounted Antenna. An antenna or series of individual antennas mounted on a flat roof of a Building.
(13) Wall Mounted Antenna. An antenna or series of individual antennas mounted against a vertical wall of a Building.
(14) Whip Antenna. An antenna that is cylindrical in shape. Whip Antennas may be directional or omni-directional and vary in size depending on the frequency or gain for which they are designed.
(1) Building Permit Required. No Communications Facility shall be constructed unless a building permit is obtained from the City and the consent of the property Owner is obtained.
(2) Engineering Review. Each application for a permit to construct a Communications Facility shall be certified by a licensed professional engineer that the design of the facility meets all applicable standards for the facility, including, but not limited to: electrical safety, material and design integrity, seismic safety, etc. For Communications Towers, the professional engineer shall also certify that the tower meets acceptable design criteria or standards to withstand wind and other weather damage. In all cases, the certification shall indicate whether or not the facility will interfere with any other communications service.
(3) Interference with Other Communications.
a. No permit to construct a Communications Facility shall be approved if the operation of the facility will interfere with emergency or Airport Communications.
b. Communications Facilities shall be located and shall operate in such a manner as to minimize or eliminate Interference with communications other than emergency or Airport. Such communications include Commercial, private, and governmental communications.
(4) All power lines on the Lot to the Building and the Communications Facility shall be underground.
(5) Fencing Required. Free standing Communications Facilities shall be surrounded by a Fence that is at least six feet high and constructed out of a material appropriate to the location of the facility. Antennas that are roof or wall mounted shall be secured from access in a manner appropriate to the location.
(6) No climbing pegs shall be permitted on the lower twenty (20) feet of all Communications Towers.
(7) Public Rights-of-Way. No Communications Facility shall overhang, encroach upon, or block a public Right-of-way or public Sidewalk.
(8) Before submitting a building permit or Conditional Use application to construct or operate a Communications Facility, the Applicant must submit a master plan identifying existing facilities and the locations of facilities anticipated in the future. The master plan should also identify the number and location of facilities necessary to provide service within the City for the next ten years based on projected population growth and Development.
(9) Guyed and Lattice Towers are prohibited. Notwithstanding this prohibition, Communications Facilities may be co-located on legally existing Guyed and Lattice Towers.
(10) No Communications Facility shall be located on a Lot where a residential Building exists unless the proposed facility is a Stealth facility and the Lot is a Community Use.
(11) A Communications Facility identified as a Conditional Use shall be processed as a Permitted Use instead of a Conditional Use if it meets the following criteria:
a. Each individual antenna, excluding associated equipment, is no more than three cubic feet in volume;
b. All antennas on the Communications Facility, excluding associated equipment, total no more than six cubic feet in volume; and
c. All other wireless equipment associated with the Structure total no more than 36 cubic feet in volume.
Communications Facilities processed as Permitted Uses pursuant to this subsection (11) are permitted only in zones where Communications Facilities are a Permitted or Conditional Use.
(12) The following table lists the zones in which Communications Facilities are Permitted (P), Conditional (C), and prohibited (X) Uses:
(13)
Zone | Stealth | Stealth on a Community Use | Wall Mount | Roof Mount | Monopole | Co-Located Tower |
|---|---|---|---|---|---|---|
Agricultural Zones | P | P | P | P | C | C |
Residential Zones except RB | X | P | X | X | X | X |
RB | P | P | C | C | X | X |
CC | P | P | X | X | X | X |
C-1 | P | P | C | C | X | X |
C-2, C-3, BRP and MXD | P | P | C | C | C | C |
LI and M | P | P | P | P | P | P |
(1) Wall Mounted Antennas shall not extend above the wall line of the Building or extend more than four (4) feet horizontally from the face of the Building.
(2) Antenna equipment and the supporting Structure shall be painted to match the color of the Building or Structure or the Building background against which they are most commonly seen. Antennas and the supporting Structures should be architecturally compatible with the Building. Whip Antennas are not allowed on a Wall Mounted Antenna Structure.
(3) Antennas mounted directly on existing Parapet walls, penthouses, or mechanical equipment rooms, with no portion of the antenna extending above the roof line of such Structures, shall be considered a Wall Mounted Antenna. Wall Mounted Antennas shall be located not lower than thirty (30) feet from the ground level of the wall on which the antenna is located.
(4) The total area for Wall Mounted Antennas and supporting Structures combined shall not exceed a total of one hundred (100) square feet on each exterior wall of the Building. The total area shall be the sum of the areas of all antennas and support Structures located on that wall.
(5) The antenna area shall be determined as the area of each individual antenna face and the visible portion of the supporting Structure as viewed looking directly at the wall.
(6) A maximum of four (4) walls may be used to locate Wall Mounted Antennas.
(7) Wall Mounted Antennas may not be installed on a Building wall or walls facing a public Street, or on a wall or walls constituting the Building’s front or main Entrance.
(1) Roof Mounted Antennas shall be allowed on top of existing penthouses or mechanical equipment rooms, provided the antennas and antenna support Structures are enclosed by a Structure that creates a visual screen. The screening Structure, antennas, and antenna mounting Structures shall not extend more than eight (8) feet above the existing roofline of the penthouse or mechanical equipment room.
(2) The mounting of antennas shall be in accordance with the following requirements:
a. Antennas not mounted on a penthouse or mechanical equipment room shall be mounted at least five (5) feet from the exterior wall of a Building. All Roof Mounted Antennas and associated equipment shall be screened or enclosed so as to appear to be part of, and compatible with, the Structure on which they are mounted. This screening requirement may be waived by the Planning Commission if the screening would be more visually intrusive than the antennas and support Structure without the screening.
b. For antennas mounted between five (5) and ten (10) feet from the exterior wall, the maximum height of a Roof Mounted Antenna is equal to the distance the antenna is set back from the exterior wall up to a maximum height of ten (10) feet above the roofline of the Building to which the antenna is Attached.
c. Antennas shall be mounted at least five (5) feet behind any Parapet wall. For antennas mounted between (5) five and ten (10) feet behind a Parapet wall, the maximum height of the antenna is equal to the distance the antenna is set back from the wall up to a maximum of ten (10) feet as measured from the top of the Parapet wall.
d. Roof Mounted Antennas installed more than ten (10) feet from an exterior or Parapet wall shall not extend more than fifteen (15) feet above the roofline of the Building itself unless approved as a Conditional Use.
(3) Roof Mounted Antennas are permitted only on a flat roof and shall be screened, constructed, and/or colored to match the Structure to which they are Attached.
(4) Roof Mounted Antennas shall not be located on a Building that exceeds the maximum height limit of the Zoning district. However, Roof Mounted Antennas may be located even if the height of the antenna extends beyond the maximum height limit of the Zoning district. The installation of antennas shall not cause a Building to exceed a maximum height limit.
(5) The total area for Roof Mounted Antennas and support Structures combined shall not exceed two hundred (200) square feet. The total area shall be the sum of the areas of all antennas and support Structures located on the roof. The antenna area shall be determined as the area of each individual antenna face and the visible portion of the supporting Structure as viewed looking directly at the antenna at its widest point.
(1) The maximum visible width of antennas and antenna mounting Structures on a monopole shall be measured by looking directly at the monopole at same elevation as the antennas and antenna mounting Structure.
(2) All antennas shall be flush mounted on the tower. No part of the antenna shall be further than twelve (12) inches from the tower.
(3) No Monopole Tower shall be located within two hundred (200) feet of a Residential Zone or Use unless the tower is Stealth.
(4) No Monopole Tower shall be located within a 1/2 mile radius to another tower unless the tower is Stealth.
(5) Monopole Towers shall only be located in the Rear Yard of a Lot unless the tower is Stealth. Monopole Towers shall not be located in any required landscaped area, required buffer zone, or required parking area.
(6) The maximum allowable height for a Monopole Tower is sixty (60) feet. Communication Antennas may be located on existing approved Structures higher than sixty (60) feet. This may include, but is not limited to lighting Structures and/or utility poles in athletic fields, parks, and parking Lots.
(7) The maximum width or diameter of a Communications Tower shall be twenty-four (24) inches. No exposed wiring or cables shall be mounted on the outside of the tower.
(8) Antenna height and width are additionally regulated as follows:
a. Monopole Tower with Antenna and Antenna Support Structure Less than Two (2) Feet Wide: A Monopole Tower on which antennas and antenna support Structures not exceeding two (2) feet in width are placed. The height of the antennas and antenna support Structures together may not exceed ten (10) feet.
b. Monopole Tower with Antenna and Support Structure Greater than Two (2) Feet Wide: A Monopole Tower on which antennas and antenna support Structures exceeding two (2) feet in width are placed. The antennas and antenna support Structure together may not exceed thirteen (13) feet in width or eight (8) feet in height.
(1) Any Communications Facility that is abandoned, not maintained, or not used for more than six (6) months shall be deemed to be abandoned. The Director of Community and Economic Development shall notify the Owner of the facility that it must be repaired and/or used within thirty (30) days after the notice was sent, or the facility must be removed.
(2) If the Communications Facility is not repaired, used, and/or removed within thirty (30) days after notice was sent, the Director of Community and Economic Development may order the removal of the Communications Facility, at the Owner’s expense. Any Conditional Use Permits issued for the Communications Facility will be automatically revoked.
(3) West Valley City reserves the right to undertake, with or without notice to the Owner, any actions necessary to correct, remove, or repair Communications Facilities that are deemed to be an immediate danger to public safety. The Owner shall bear the expense of emergency actions taken pursuant to this section.
(4) All facilities and related equipment shall be removed, including but not limited to Accessory Buildings, power lines, and any other related equipment. The Communications Facility site shall be restored with appropriate Landscaping or paving.
In addition to the application requirements established in this Title, applications to develop, create, modify, or alter a Mobile Home Park shall include the following:
(1) The number, size, location, and type of all Mobile Home Spaces;
(2) The location, size, and specifications for construction of roadways;
(3) The location of and method of enclosing rubbish and garbage disposal areas; and
(4) A diagram of a Mobile Home Space within the park showing the proposed location of the car slab and any other outbuildings or foundations.
The following standards shall apply to and within Mobile Home Parks:
(1) The Mobile Home Park shall be located on a well-drained site free of stagnant or standing water.
(2) Mobile Home Spaces shall have a minimum area of 3,000 square feet and a minimum width of 40 feet.
(3) The minimum distance between Mobile Homes shall be fifteen feet. Carport covers and patio covers shall be no closer than three feet to a Mobile Home.
(4) No Mobile Home shall be within 15 feet of a property line of the Mobile Home Park that does not abut upon a public Street. No Mobile Home shall be within 25 feet of a property line of the Mobile Home Park that does abut on a public Street.
(5) Mobile Home Park operators are responsible to make all connections between Mobile Homes and utilities, including but not limited to sewer, water, gas, telecommunications, and electric service.
(6) Parking shall be provided as follows:
a. Each Mobile Home Space shall have two Parking Spaces located on a 10' by 40' or 20' by 20' hard surfaced area.
b. Mobile Home Parks shall provide at least one guest space in a common area per five Mobile Home Spaces.
c. Guest spaces shall be at least nine feet wide and eighteen feet long.
(7) Mobile Home Stands shall be at least 10' by 50'.
(8) A minimum of five percent of the Mobile Home Park shall be devoted to recreational facilities. An individual recreational facility shall be no smaller than 2,500 square feet.
(9) No more than 75% of any Mobile Home Space shall be occupied by Mobile Homes, vehicles, outbuildings, awnings, Carports, or any other Structure.
(10) All utilities in the Mobile Home Park shall be placed underground.
(11) Each Mobile Home Space shall include a 120 square foot storage area.
(12) A common storage area of at least 80 square feet per Mobile Home Space shall be established. The storage area shall be hard surfaced and screened from surrounding Mobile Home Spaces and adjacent properties by fencing or Landscaping.
(13) Each Mobile Home Space shall have a patio area of at least 100 square feet.
(14) All Mobile Homes shall be skirted and firmly anchored.
(15) A six-foot solid visual barrier Fence shall be installed along all property lines abutting a public Street, Agricultural Zone, or Residential Zone or Use. When located adjacent to a Street, the Fence shall be set back 10 feet from the Right-of-way and the setback shall be landscaped and permanently maintained by the Mobile Home Park operator.
(16) All exposed ground surfaces shall be paved or permanently landscaped.
(17) Open fires shall be prohibited unless conducted in permanent facilities provided by the Mobile Home Park.
(1) The Mobile Home Park and all Mobile Homes, vehicles, or Structures within the park shall be maintained free of insects and rodents.
(2) Mobile Home Parks shall be maintained free of debris and storage that harbors or attracts rodents and insects.
(3) The collection, storage, and disposal of garbage and refuse shall be conducted in a manner that prevents rodent or insect infestation and other health and fire hazards.
(4) Sufficient refuse containers shall be provided to store all refuse prior to collection without overflows or spillage.
(5) All refuse shall be stored in fly-tight, watertight, and rodent proof containers, which shall be located not more than 150 feet from any Mobile Home Space.
(6) All refuse within the Mobile Home Park shall be collected at least twice weekly within covered vehicles or containers.
(1) The location and width of the access Street shall be determined by the Planning Commission during the Conditional Use process.
(2) All Mobile Home Spaces shall be provided with safe and convenient vehicular access from abutting public Streets or roads.
(3) All Streets shall be built in accordance with the City’s adopted Engineering Standards.
(1) Each Mobile Home Lot provided with natural gas shall have an approved manual shutoff valve installed upstream of the gas outlet. The gas outlet shall be equipped with an approved cap to prevent discharge of gas when the outlet is not in use.
(2) All liquefied petroleum gas systems shall include safety devices to relieve excess pressure and terminate discharge at a safe location.
(3) All liquefied petroleum gas systems shall include at least one accessible means to shut off gas that is located outside the Mobile Home.
(4) Undiluted liquefied petroleum gas in liquid form shall not be conveyed through piping equipment and systems within Mobile Homes.
(5) All fuel oil storage tanks and cylinders and piping to outside tanks shall be securely fastened and shall not be located within, under, or within five feet of any Mobile Home.
(6) Storage tanks and cylinders near Streets shall be protected against collisions and physical damage.
(1) Both Mobile Home Park Owners and operators are responsible for ensuring compliance with the West Valley City Municipal Code, including but not limited to this Part.
(2) Park management shall notify park occupants of the provisions of this Part.
(3) Park management shall maintain a register with the names of all park occupants.
(4) Park management shall ensure that Mobile Homes are securely fastened and that utility connections are properly made and maintained.
Mobile Home Parks with valid Conditional Use Permits may continue to operate in accordance with said permits. However, nonconforming Mobile Home Parks shall not be enlarged, altered, or amended without full compliance with the provisions of the West Valley City Municipal Code, including but not limited to this Part.
Whenever any words or phrases used in this Title are not defined herein, but are defined in related sections of the Utah Code or the West Valley City Municipal Code (including but not limited to Title 7 and the Utah Small Wireless Facilities Deployment Act), such definitions are incorporated herein and shall apply as though set forth herein in full, unless the context clearly indicates a contrary intention. Words not defined in any code shall have their ordinarily accepted meanings within the context in which they are used.
Unless a contrary intention clearly appears, words used in the present tense include the future, the singular includes the plural, the term “shall” is always mandatory, and the term “may” is permissive. The following terms as used in this Part shall have the following meanings:
(1) “Collocate” shall mean to install, mount, maintain, modify, operate, or replace:
a. A small wireless facility on a wireless support structure or utility pole; or
b. For ground-mounted equipment, adjacent to a wireless support structure or utility pole.
(2) “Micro wireless facility” shall mean a small wireless facility that:
a. Not including any antenna, is no larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height;
b. On which any exterior antenna is no longer than 11 inches; and
c. That only provides Wi-Fi service.
(3) “Right-of-way” shall mean:
a. The area on, below, or above a public:
i. Roadway;
ii. Highway;
iii. Street;
iv. Sidewalk;
v. Alley; or
vi. Property similar to property listed in subsections 3(a)(i) through 3(a)(v) above.
b. “Right-of-way” shall not include:
i. The area on, below, or above a federal interstate highway; or
ii. A fixed guideway, as defined in Section 59-12-102, Utah Code Annotated 1953.
(4) “Small wireless facility” shall mean a type of wireless facility:
a. On which each wireless provider’s antenna could fit within an enclosure of no more than six cubic feet in volume; and
b. For which all wireless equipment associated with the wireless facility, whether ground-mounted or pole-mounted, is cumulatively no more than 28 cubic feet in volume; not including any:
i. Electric meter;
ii. Concealment element;
iii. Telecommunications demarcation box;
iv. Grounding equipment;
v. Power transfer switch;
vi. Cut-off switch;
vii. Vertical cable run for the connection of power or other service;
viii. Wireless provider antenna; or
ix. Coaxial or fiber-optic cable that is immediately adjacent to or directly associated with a particular collocation, unless the cable is a wireline backhaul facility.
(5) “Small wireless facility permit” shall mean a permit obtained in accordance with this Part to install, mount, maintain, modify, operate, or replace a micro wireless facility, small wireless facility, or utility pole.
(6) “Utility pole” shall mean:
a. A pole or similar structure that:
i. Is in a right-of-way; and
ii. Is or may be used, in whole or in part, for:
1. Wireline communications;
2. Electric distribution;
3. Lighting;
4. Traffic control;
5. Signage;
6. A similar function to those listed in subsections 6(a)(ii)(1) through (5) above; or
7. The collocation of a small wireless facility.
b. “Utility pole” shall not include:
i. A wireless support structure;
ii. A structure that supports electric transmission lines; or
iii. A municipally owned structure that supports electric lines used for the provision of municipal electric service.
(1) This Part applies only to micro wireless facilities, small wireless facilities, and utility poles located within City rights-of-way and entitled to approval in accordance with Section 54-21-204, Utah Code Annotated 1953, and shall not be construed to apply to any other communications facility.
(2) Notwithstanding any contrary provision, facilities described in subsection (1) above are not subject to Title 20.
(3) Micro wireless facilities, small wireless facilities, and utility poles not described in subsection (1) above shall not be within the scope or applicability of this Part.
(1) A small wireless facility permit shall be obtained before any micro wireless facility, small wireless facility, or utility pole is installed, relocated, or otherwise modified.
(2) Notwithstanding subsection (1) above, a small wireless facility permit is not required for:
a. Routine maintenance that does not impede or obstruct vehicular or pedestrian traffic within a right-of-way;
b. The replacement of a small wireless facility with a small wireless facility that is substantially similar or smaller in size; or
c. The installation, placement, maintenance, operation, or replacement of a micro wireless facility that is strung on a cable between existing utility poles in compliance with the National Electrical Safety Code.
(3) Notwithstanding any contrary provision of the West Valley City Municipal Code, if a small wireless facility permit is obtained, no other City permit is required for the specific work described in the small wireless facility permit application.
(4) All small wireless facility permit applications shall be submitted on a form provided by the City and shall include the following:
a. The location of the work;
b. The size and purpose of the work;
c. The person, firm, or corporation performing the work;
d. The person, firm, or corporation for whom the work is being performed;
e. An agreement that the applicant shall comply with all applicable legal requirements, including but not limited to the City Engineering Standards;
f. An industry standard pole load analysis demonstrating that the utility pole can safely support the small wireless facility and all existing equipment on the utility pole;
g. Copies of all licenses required to perform the work, including but not limited to state licenses;
h. If a small wireless facility or micro wireless facility is to be collocated on a support structure not owned by the City, the written consent of the owner of the support structure;
i. Any and all information required by applicable laws, ordinances, and the City Engineering Standards;
j. Payment of all required fees;
k. Evidence of insurance in a minimum sum of $100,000, guaranteed by a corporation licensed to do business in the State of Utah as a surety company, to indemnify, defend, and hold harmless the City from any loss, liability, damage, or claim arising from or relating to any work described in or related to the application;
l. Evidence of a completion bond in an amount sufficient to guarantee the proper restoration of the right-of-way to its prior condition, but in no event less than $50,000, guaranteed by a corporation licensed to do business in the State of Utah as a surety company; and
m. Any other information required to verify compliance with applicable laws, ordinances, and the City Engineering Standards.
(5) A small wireless facility permit application may include no more than 25 small wireless facilities or micro wireless facilities or 25 utility poles. The applicable fee shall be paid for each small wireless facility, micro wireless facility, or utility pole included in the application.
(6) A small wireless facility permit application shall be reviewed for completion within 30 days of receipt. Small wireless facility permit applications shall be approved or denied within 60 days of receipt of a complete application (for applications to collocate small wireless facilities) or within 105 days of receipt of a complete application (for applications for new, modified, or replacement utility poles).
(1) A new or modified utility pole with a collocated small wireless facility or micro wireless facility shall not exceed 50 feet above ground level at the highest point of the utility pole, the small wireless facility, the micro wireless facility, or any associated equipment or antennas.
(2) An antenna of a small wireless facility shall not extend more than 10 feet above the top of a utility pole existing on or before September 1, 2018.
(3) Micro wireless facilities, small wireless facilities, and utility poles shall not interfere with clear view of oncoming traffic or obstruct or impede vehicular or pedestrian traffic.
(4) Micro wireless facilities, small wireless facilities, and utility poles shall not be located in or overhang a sidewalk.
(5) No new utility pole or other support structure shall be erected in a right-of-way adjacent to a street that is not more than 60 feet wide.
(6) No new utility pole or other support structure shall be erected in a right-of-way adjacent to residential zones or uses.
(7) All new utility poles shall:
a. Be a monopole design without lattice or guy wires;
b. Be made of metal;
c. If located on a high image arterial, shall be designed to match the streetlight standards set forth for the high image arterial; and
d. If in an area with decorative poles, shall be designed to match the decorative poles in the area.
(8) No small wireless facility, micro wireless facility, or utility pole shall have any exposed wiring. All wiring shall be included within the utility pole structure.
(9) All equipment related to a small wireless facility or micro wireless facility on a utility pole shall be mounted at least eight feet above ground level.
(10) There is no minimum separation required between small wireless facilities, micro wireless facilities, and utility poles.
(1) In accordance with the requirements of Title 19, all rights-of-way shall be restored to their prior condition immediately following the work governed by this Part. Failure to restore the rights-of-way to their prior condition shall subject the wireless provider, contractor, or applicant to the consequences set forth in Title 19.
(2) The City may require a micro wireless facility, small wireless facility, or utility pole to be relocated at any time at no expense to the City if the City determines that the current location is undesirable. The applicant shall not be charged an application fee for the new location of a facility relocated in accordance with this subsection.
(3) All small wireless facilities, micro wireless facilities, and utility poles must be in active service within 270 days of approval or said small wireless facilities, micro wireless facilities, or utility poles shall be removed at the applicant’s expense.
(4) If any small wireless facility, micro wireless facility, or utility pole is not in active service for more than one year, said small wireless facility, micro wireless facility, or utility pole shall be removed at the applicant’s expense.
Applicants for a small wireless facility permit shall pay the fees set forth in the Consolidated Fee Schedule.