Chapter 12
SUPPLEMENTARY REGULATIONS WITHIN ZONESlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990
10-12-1: INTENT:
10-12-2: YARD SPACE FOR ONE BUILDING ONLY:
10-12-3: SALE OR LEASE OF REQUIRED SPACE PROHIBITED:
10-12-4: EACH DWELLING TO BE ON A ZONING LOT:
10-12-5: ACCESSORY BUILDING REGULATIONS:
10-12-6: ACCESSORY BUILDING PROHIBITED AS LIVING QUARTERS:
10-12-7: STORAGE OF JUNK AND DEBRIS PROHIBITED (REP. BY ORD. 10-4, 1-26-2010, EFF. 2-11-2010):
10-12-8: YARDS TO BE UNOBSTRUCTED; PROJECTIONS EXCEPTED:
10-12-9: CLEAR VIEW OF INTERSECTING STREETS:
10-12-10: SETBACK OF BUILDINGS FROM PROPOSED STREETS:
10-12-11: ADDITIONAL HEIGHT ALLOWED FOR PUBLIC BUILDINGS:
10-12-12: DRAINAGE:
10-12-13: FENCES, WALLS AND HEDGES:
10-12-14: UTILITY BUILDINGS AND STRUCTURES PERMITTED IN RESIDENTIAL ZONES:
10-12-15: OFF STREET PARKING:
10-12-16: TEMPORARY USES:
10-12-17: HOME OCCUPATIONS:
10-12-18: PUBLIC BUILDINGS AND STRUCTURES TO BE APPROVED:
10-12-19: SITE PLAN REVIEW:
10-12-20: RECREATION VEHICLES AND MOBILE HOMES PROHIBITED AS DWELLINGS:
10-12-21: CONNECTION TO UTILITY SERVICES REQUIRED:
10-12-22: RESIDENCES FOR PERSONS WITH A DISABILITY:
10-12-23: SIGNS AND ADVERTISING STRUCTURES:
10-12-24: MINIMUM LEVEL OF IMPROVEMENTS INSTALLED BEFORE ISSUANCE OF BUILDING PERMIT:
10-12-25: FLAG LOT DEVELOPMENT (REP. BY ORD. 08-9, 7-8-2008):
10-12-26: STORAGE OF COMMERCIAL VEHICLES IN RESIDENTIAL ZONES PROHIBITED; EXCEPTIONS:
10-12-27: SPECIAL PROVISIONS RELATING TO DWELLINGS:
10-12-28: LOW POWER RADIO SERVICE ANTENNA FACILITIES (CELLULAR PHONE TRANSMISSION TOWERS AND FACILITIES):
10-12-29: ACCESSORY APARTMENTS:
10-12-30: ZONE DEVELOPMENT STANDARDS; EXCEPTION:
10-12-31: ASSISTED LIVING FACILITIES:
10-12-32: WATER RIGHTS CONVEYED TO CITY; EXCEPTIONS:
10-12-33: CONDITIONAL USE PERMITS:
10-12-34: DEVELOPMENT OF SLOPED LAND:
10-12-35: LOT ORIENTATION:
10-12-36: LANDSCAPING REQUIREMENTS; RESIDENTIAL AND COMMERCIAL:
10-12-37: APPROVAL PROCESSES AND REQUIREMENTS:
10-12-38: FIRE SPRINKLING SYSTEMS REQUIREMENTS:
10-12-39: RESIDENTIAL BUILDING HEIGHT:
10-12-40: RESIDENTIAL FACILITIES FOR ELDERLY PERSONS:
10-12-41: DWELLING SIZE REQUIREMENTS FOR RESIDENTIAL ZONES:
10-12-42: REASONABLE ACCOMMODATION:
10-12-43: OUTDOOR LIGHTING REQUIREMENTS:

10-12-1: INTENT:linklink


The intent of this chapter is to provide for several miscellaneous land development standards which are applicable in more than one zone. The requirements of this chapter shall be in addition to development standards contained within the various zones. Where the provisions of this chapter may be in conflict with other provisions of this development code, the more stringent shall prevail. (Ord. 97-7-8-8, 7-8-1997)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230204
10-12-2: YARD SPACE FOR ONE BUILDING ONLY:linklink

All required yards (setback areas) shall be situated on the same lot as the building or structure to which it applies. No required yard, area or other open space around a building or use which is needed to comply with the area, setback or open space requirements of this development code shall be considered as providing the required area, yard, setback or open space for any other building or use; nor shall any area, yard, setback or other required open space on an adjoining lot be considered as providing the area, setback or open space requirement of a building or use. (Ord. 97-7-8-8, 7-8-1997)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230205
10-12-3: SALE OR LEASE OF REQUIRED SPACE PROHIBITED:linklink

No space needed to meet the area, frontage, width, coverage, off street parking, frontage on a public street, or other requirement of this development code for a lot or building may be sold, bequeathed or leased apart from such lot or building unless other space so complying is provided, nor shall any land be sold which will result in an existing or future lot that does not comply with all of the provisions of this development code. Any lot or parcel created in violation of this provision shall not acquire the status of a nonconforming lot of record or otherwise be considered as a zoning lot. (Ord. 97-7-8-8, 7-8-1997)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230206
10-12-4: EACH DWELLING TO BE ON A ZONING LOT:linklink

Only one building which contains a dwelling shall be located and maintained on each zoning lot. (Ord. 07-13, 9-25-2007, eff. 9-28-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230207
10-12-5: ACCESSORY BUILDING REGULATIONS:linklink


A. Definitions: For the purpose of this section, the following shall be used as definitions:

ACCESSORY BUILDING: An accessory building for both residential and nonresidential development is defined as a building that:

1. Is detached from the principal building and is more than six feet (6') away from the principal building.

2. Is clearly a supplementary use to the principal building.

3. Is not used as a dwelling or place of residence.

ACCESSORY STRUCTURE: A structure that does not provide shelter from elements. Examples may include swimming pools, pool screening and decking, waterfalls, fountains and barbecue pits with concrete foundations, decorative ponds, or decks. Not included in this section are driveways, fences, walls, curbing, portable fountains, birdbaths, benches, or mobile barbecue pits.

BUILDING: A permanent or semipermanent structure with a roof and walls usually used as a place for people to live, work, play, do activities, or store things.

GARAGE, DETACHED: A permanent building with footings that is enclosed on all sides by walls and/or doors and designed primarily for the shelter of motor vehicles. A detached garage is an accessory building.

PORTABLE ACCESSORY BUILDING: 1. A building that is two hundred (200) square feet or less.

2. A semipermanent structure with no concrete footings or concrete floor and is on skids or some type of device that will allow for easy relocation.

3. Does not exceed twelve feet (12') in height from the lowest part of the structure to the top.

PRINCIPAL BUILDING: Also known as the main building on a lot where most of the activity on that lot is performed. Garages, carports or other buildings attached to the principal building or that are within six feet (6') of the principal building shall be considered as part of that principal building.

ROOF ONLY BUILDING: Consists of a roof and roof support structure. Up to three (3) sides may be covered but the sides must not be part of the support structures for the roof. A roof only building is an accessory building. A conditional use permit is required if a roof only building is larger than seven hundred (700) square feet.

SIDE YARD FOR DETERMINING ANY ACCESSORY BUILDING COVERED AREA: The area between the front wall plane of the principal building and the rear wall plane of the principal building and the area between the side wall plane of the principal building and the side yard property line.


B. Prohibited Accessory Building Uses:

1. A dwelling or place of residence.

2. Use as sleeping quarters.

3. Hazardous chemical storage unless specifically permitted by the city.


C. Prohibited Accessory Buildings And Structures: The following are prohibited:

1. Tents (when used more than 2 weeks in a 2 month period).

2. Trailers and mobile homes (when used as an accessory building).

3. Cargo containers, reefer containers, semitrailers of any type.

4. Any other object or enclosed space which its intended primary function as constructed or manufactured differs from its proposed purpose as an accessory building.

5. A prohibited item may be approved for use as an accessory building by the planning commission if the item is modified in such a way that the planning commission determines that the item is aesthetically consistent with the principal building and surroundings and will continue to maintained as such.


D. Accessory Building Coverage Area: Accessory buildings may not cover more than fifteen percent (15%) of the combined total area of the rear and side yards nor more than eight percent (8%) of the total area, whichever is less.


E. Accessory Building Or Structure Setbacks: All accessory buildings or structures shall be located in accordance with the following:

1. Front Setback:

a. Any accessory building portable or otherwise shall be placed behind the front wall plane of the principal building; the "front wall plane" being defined as the wall plane facing the abutting street.

b. Any accessory structure except for waterfalls, fountains, or decorative ponds shall be placed behind the front wall plane of the principal building; the "front wall plane" being defined as the wall plane facing the abutting street.

2. Side Setback; Corner Lot, Side Abutting Street:

a. Any accessory building portable or otherwise shall be placed behind the side wall plane of the principal building that is abutting the side street. Line of sight shall be maintained at all intersections in accordance with section 10-12-9 of this chapter.

b. Any accessory structure except for waterfalls, fountains, or decorative ponds shall be placed behind the side wall plane of the principal building that is abutting the side street.

3. Side And Rear Setback; Interior Lot Line:

a. Any accessory building or an accessory structure shall be located a minimum of eight feet (8') from the property line and not located on a public utility easement.

b. Portable accessory buildings may be placed on a public utility easement; but the owner or successor in interest shall be responsible for moving and for any associated costs for moving the building in the event public utilities need to do work within the public utility easement.

4. Setback From Principal Building: Accessory buildings which are located six feet (6') or less from the principal building shall be considered part of the main building. Setbacks shall be the same as those for the principal building, and all current building codes shall apply.


F. Accessory Building Maximum Height: An accessory building is not to exceed thirty feet (30') in height from the lowest part of the structure, which is the bottom of the lowest sill plate or top of main floor (nearest ground level), whichever is lower, to the highest point on the roof. In addition, the accessory building maximum height shall not exceed the maximum height of the principal building. Maximum portable accessory building height is per subsection 3 of the definition of "portable accessory building" of this section.


G. Building Permit Required:

1. Any accessory building or accessory structure not meeting the definition of a "portable accessory building" as defined in this section shall have a building permit issued before work commences.

2. A portable accessory building shall require a permit and inspection if one or more of the following applies:

a. Solar panels are permanently installed.

b. One hundred twenty (120) volt or greater electrical system is permanently installed.

c. Connected to any utility such as electric, natural gas, telephone, cable, city culinary water or sanitary sewer system. The addition of utilities may change the building status from portable accessory building to accessory building and will depend on the utilities connected. The determination of the building status will be made by Elk Ridge City staff.


H. Conditional Use Permit Required: A roof only building exceeding seven hundred (700) square feet may be permitted following conditional use approval by the Planning Commission in accordance with section 10-12-33 of this chapter. (In no case, shall the roof only building area exceed the allowable areas in subsection D of this section.) The roof only building shall conform to the setbacks found in the applicable zone where it will be located.


I. Drainage: No drainage from the roof of any accessory building or roof only building may be discharged onto an adjacent lot.


J. Vacant Lot: Where no principal building exists on a lot, an accessory building or roof only building may be permitted following conditional use approval by the Planning Commission in accordance with section 10-12-33 of this chapter. The accessory building or a roof only building shall conform to the setbacks found in the applicable zone where it will be located and to all other applicable requirements of this section.


K. Nonconforming Uses: All accessory buildings not in compliance at the time of adoption hereof are hereby grandfathered and are allowed to continue undisturbed. Any subsequent modification to an accessory building or to the use of that building shall require the prevailing code to be followed. (Ord. 16-5, 9-27-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230208
10-12-6: ACCESSORY BUILDING PROHIBITED AS LIVING QUARTERS:linklink

Living and sleeping quarters shall not be permitted in any accessory building. (Ord. 07-13, 9-25-2007, eff. 9-28-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230209
10-12-7: STORAGE OF JUNK AND DEBRIS PROHIBITED:linklink

(Rep. by Ord. 10-4, 1-26-2010, eff. 2-11-2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230210
10-12-8: YARDS TO BE UNOBSTRUCTED; PROJECTIONS EXCEPTED:linklink

Every part of a required yard shall be open to the sky and unobstructed except for permitted accessory buildings and except for ordinary and customary projection of sills, belt courses, cornices, eaves, bay windows and fireplace keys not wider than eight feet (8'), and other ornamental features and unenclosed steps and unwalled stoops, and porches, which may project up to three feet (3') into a required yard. No portion of any building shall be closer than three feet (3') to any property line. (Ord. 01-4-10-7, 4-10-2001, eff. 4-10-2001)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230211
10-12-9: CLEAR VIEW OF INTERSECTING STREETS:linklink

In all zones which require a front setback, no fence or structure in excess of thirty six inches (36") in height which will prevent a clear view to automobile drivers of approaching vehicles or pedestrians shall be placed on a corner lot within a triangular area formed by the street right-of-way lines and a line connecting them at points forty five feet (45') from the point of intersection of said street lines (clear vision area). Trees and other landscaping plantings are permitted within the clear vision area, provided they are pruned and trimmed to a height of not more than thirty six inches (36") nor less than seven feet (7') above the established grade so as to not obstruct the clear view of motor vehicle drivers. Landscape earth berms shall also be permitted within the clear vision area, provided they are not of such a height as to obstruct the clear view of motor vehicle drivers. (Ord. 97-7-8-8, 7-8-1997)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230212
10-12-10: SETBACK OF BUILDINGS FROM PROPOSED STREETS:linklink

The front or side setback for structures abutting on a proposed future street or an existing street needing to be widened, as shown on the major street plan as a future street, shall be measured from the planned street line. For purposes of determining the setback requirement and similar location standards, said planned street line shall be considered as the property line. (Ord. 97-7-8-8, 7-8-1997)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230213
10-12-11: ADDITIONAL HEIGHT ALLOWED FOR PUBLIC BUILDINGS:linklink

Public buildings and churches in residential zones may be erected to any height, provided the building is set back from required building setback lines a distance of at least one foot (1') for each additional foot of building height above the maximum height otherwise permitted in the zone in which the building is located. (Ord. 97-7-8-8, 7-8-1997)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230214
10-12-12: DRAINAGE:linklink

Surface water from rooftops shall not be allowed to drain onto adjacent lots or streets, except after written agreement between the two (2) parties. Surface drainage from corrals, pens or coops shall not be permitted to drain into a waterway that drains into a natural stream. (Ord. 97-7-8-8, 7-8-1997)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230215
10-12-13: FENCES, WALLS AND HEDGES:linklink


A. Retaining Walls Not Included: For the purpose of this section, the term "wall" shall not include retaining walls.


B. Height: The maximum height for fencing, walls, hedges and similarly enclosing planting, whether or not sight obscuring, shall be eight feet (8') above finished grade level. Fences may be permitted in excess of eight feet (8') in accordance with section 2-2-7 of this Code. No fence, wall, hedge or similarly enclosing planting or structure shall be permitted in the front setback and/or clear view area of a lot at a height greater than thirty six inches (36") above the finished grade level.


C. Retaining Walls: Retaining walls greater than ten feet (10') in height shall be terraced. Such terracing shall be designed and constructed so that each vertical segment of terracing is the same height with each segment being no greater than ten feet (10') in height. Terracing shall not be required when in the case of retaining walls constructed for the purpose of providing support for external basement stairways. The height of retaining walls shall be determined as measured from the bottom of the footing to the top of the wall. Fencing atop retaining walls shall not exceed eight feet (8') above the finished grade of earth being retained. For any retaining wall above thirty inches (30"), a fence or guardrail must be installed, as per International Building Code (IBC) or its successor. Retaining walls over four feet (4') in height as measured from the bottom of the footing to the top of the wall, or having an exposed face height greater than thirty inches (30"), or supporting a surcharge shall require a building permit and shall be properly engineered with the plans stamped by a certified engineer.


D. Corner Lots: On corner lots, a sight obscuring fence, wall, hedge and similarly enclosing planting or structure having a height of more than thirty six inches (36") may not extend into the front setback area and clear vision area of the lot as defined under section 10-12-9 of this chapter. Placement of a fence, wall or hedge in the location proposed shall not result in the establishment of a hazardous condition as determined by the Zoning Administrator.


E. Double Frontage Lots: On double frontage lots, a sight obscuring fence, wall, hedge and similarly enclosing planting or structure may be placed along the rear property line with the exception of the clear vision area provided that the placement will not result in the establishment of a hazardous condition to adjacent properties, as determined by the Zoning Administrator.


F. Material, Design And Construction: All fences and walls shall be of appropriate design and construction and the design and construction should be consistent with the nature, type, and aesthetics of other such improvements within the surrounding area.


G. Nonconforming; Referral; Appeal: Where, in the opinion of the Zoning Administrator, a proposed or existing fence, wall, hedge and similarly enclosing planting or structure does not conform to the above criteria, he or she shall immediately pursue the removal of the planting or structure or the correction of issues that may exist causing violation of the provisions herein or refer the application back to the applicant for correction, as applicable. Any person aggrieved by a decision of the Zoning Administrator may appeal said decision to the Appeal Authority, who shall have the authority, as an appeal under the terms of the Utah State Code, to reverse or affirm any decision of the Zoning Administrator.


H. Tennis Courts, Sport Courts, Batting Cages, Etc.: Fence type enclosures for uses such as tennis courts, sport courts, swimming pools, ball diamond backstops, batting cages, etc., may be erected to a height greater than eight feet (8') but not more than eighteen feet (18'), including any retaining walls, provided:

1. Such enclosure does not constitute a part of a fence enclosing a property.

2. All portions of the enclosure shall be located within the rear/side enclosure area of the lot.

3. All portions of the enclosure above a height of eight feet (8') shall be non-sight obscuring.

4. The enclosure shall be set back from the property line of adjoining properties and also the main building upon the lot to which it is appurtenant for a distance of not less than twenty feet (20').

5. On corner lots, the enclosure shall not be located in the front setback area and clear vision area of the lot as defined under section 10-12-9 of this chapter. (Ord. 18-6, 5-8-2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230216
10-12-14: UTILITY BUILDINGS AND STRUCTURES PERMITTED IN RESIDENTIAL ZONES:linklink

Utility buildings and structures such as electric buildings and substations may be constructed in all residential zones, but only after the Appeal Authority has approved as a special exception. The Appeal Authority may require conditions which are reasonably necessary to protect surrounding property values and residential amenities. (Ord. 01-11-27-17, 11-27-2001, eff. 12-27-2001; amd. Ord. 07-7, 4-24-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230217
10-12-15: OFF STREET PARKING:linklink


A. Intent: Regulations relating to off street parking have been established to increase safety and lessen congestion in the public streets, to provide adequately for parking needs associated with the development of land and increased automobile usage, to set standards for off street parking according to the amount of traffic generated by each use, and to reduce the on street storage of vehicles. (Ord. 01-11-27-17, 11-27-2001, eff. 12-27-2001)


B. Number Of Off Street Parking Spaces:

1. One- And Two-Family Dwellings: Not less than two (2) off street parking spaces shall be required for each dwelling unit. Each off street parking space shall be not less than ten feet by twenty feet (10' x 20') per space and shall not be located within any portion of the required setback area adjacent to a street. Not less than two (2) of the off street parking spaces appurtenant to a dwelling shall be enclosed within a garage.

2. Multiple-Family Dwellings: Not less than three (3) off street parking spaces shall be required for each dwelling unit. Each off street parking space shall be not less than ten feet by twenty feet (10' x 20') per space. Not less than two (2) of the off street parking spaces appurtenant to a dwelling shall be enclosed within a garage. (Ord. 07-14, 9-25-2007, eff. 9-28-2007)

3. Commercial Zones And Public Facilities Within Residential Areas:

a. Any such development shall provide a minimum of five (5) spaces per one thousand (1,000) square feet of the facility. Parking spaces must be a minimum of ten feet (10') wide and twenty feet (20') long, allowing a minimum of twenty four feet (24') for any aisle between rows of parking spaces. Off street parking will not be permitted in any fire lane or aisle space. Additionally, each facility shall provide handicapped accessible parking in accordance to the following minimums and meet the Americans With Disabilities Act (ADA) requirements. All parking must be hard surfaced.

Total Parking
Spaces Present  
Handicapped
Accessible  
1 to 25   1  
26 to 50   2  
51 to 75   3  
76 to 100   4  
101 to 150   5  
151 to 200   6  
201 to 300   7  
301 to 400   8  
401 to 500   9  
501 to 1,000   2 percent  
1,001 and over   20 plus 1 space for every
100 spaces over 1,000  

b. The lighting used to illuminate parking areas shall be such that it reflects light downward and away from adjacent properties. Landscaping for such developments shall provide a buffer from streets and adjoining properties, measuring a distance deemed suitable by the Planning Commission and City Council. All such landscaping should be consistent with the standards of the zone and that of adjoining properties, unless otherwise stipulated by the Planning Commission and City Council.

4. Public Facilities Within Residential Areas:

a. Such facilities include dentist and doctor offices, City buildings, libraries, schools, churches and other such developments, as determined by the Planning Commission and/or City Council. Any such development shall provide a minimum of three and one-half (31/2) spaces per one thousand (1,000) square feet of the facility. Parking spaces must be a minimum of ten feet (10') wide and twenty feet (20') long, allowing a minimum of twenty four feet (24') for any aisle between rows of parking spaces. Off street parking will not be permitted in any fire lane or aisle space. Additionally, each facility shall provide handicapped accessible parking in accordance to the minimums specified in subsection B3a of this section and meet the Americans With Disabilities Act (ADA) requirements. All parking must be hard surfaced.

b. The lighting used to illuminate parking areas shall be such that it reflects light downward and away from adjacent properties. Landscaping for such developments shall provide a buffer from streets and adjoining properties, measuring a distance deemed suitable by the Planning Commission and City Council. All such landscaping should be consistent with the standards of the zone and that of adjoining properties, unless otherwise stipulated by the Planning Commission and City Council. (Ord. 01-11-27-17, 11-27-2001, eff. 12-27-2001; amd. Ord. 07-14, 9-25-2007, eff. 9-28-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230218

The section below has been affected by a recently passed ordinance, 19-07 - REGARDING TEMPORARY USES . Go to new ordinance.

10-12-16: TEMPORARY USES:linklink


A. Intent: The following regulations are provided to accommodate certain uses which are temporary or seasonal in nature.


B. Permitted Temporary Uses: Certain uses may be permitted on a temporary basis in any zone when approved by the City Council. Said temporary uses may include, but will not be limited to:

Carnivals and circuses.

Christmas tree sales lots.

Fireworks sales stands (commercial zones only).

Itinerant merchants (commercial and industrial zones only).

Promotional displays and exhibits.

Other uses determined by the City Council to be similar to those set forth above.


C. Application For Temporary Use: Prior to the establishment of any temporary use, an application for a temporary use permit shall be submitted to and approved by the City Council. Said application shall contain the following information:

1. A description of the proposed use.

2. A description of the property to be used, rented or leased for the temporary use, including all information necessary to accurately portray the property.

3. Sufficient information to determine the yard requirements, sanitary facilities, and availability of parking space to service the proposed use.

4. A copy of the lease agreement or other evidence of the right of the applicant to occupy the proposed site.


D. Approval Required: The city council may approve said application, provided the city council finds that:

1. The proposed use is listed as a permitted temporary use or in the opinion of the city council is similar to those uses permitted.

2. The proposed use will not create excessive traffic hazards or other unsafe conditions in the area, and that if traffic control is required, it will be provided at the expense of the applicant.

3. The proposed use shall occupy the site for a period not to exceed ten (10) days, except for Christmas tree lots which shall not exceed forty (40) days, and fireworks sales which shall be in accordance with the time limits as set forth in state law.

4. The applicant will have liability insurance for the requested use or event.

5. The applicant shall provide, at his own expense, for the restoration of the site to its original condition, including cleanup and replacement of facilities as may be necessary.

6. There is adequate access, provision for sanitation and solid waste disposal, and other essential elements of the proposed use.

7. All required fees have been paid.


E. City Council May Delegate Approval Responsibility; Exceptions:

1. The city council may authorize the zoning administrator to issue temporary use permits for certain temporary uses without city council review. Where the request is for a temporary use which is not listed or where, in the opinion of the zoning administrator, the characteristics of the proposed use are not in compliance with the above standards, the zoning administrator shall refer the application to the city council for their action.

2. In granting approval, the city council may attach additional conditions as they deem appropriate to ensure that the use will not pose any detriment to persons or property. The city council may also require a bond to ensure that necessary cleanup or restoration work will be performed. (Ord. 97-7-8-8, 7-8-1997)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230219
10-12-17: HOME OCCUPATIONS:linklink


A. Intent: The following regulations have been established to provide minimum standards for the establishment and operation of home occupations within residential zones.


B. Application And Approval Required: Home occupations may be permitted by the zoning administrator, or such other person or board (hereafter referred to as "designated approval authority"), as may be delegated by the city council, following receipt of an application and subject to the following conditions:

1. Home occupations are listed as a permitted use in the zone.

2. The home occupation is conducted entirely within a dwelling.

3. The home occupation does not involve the use of any accessory buildings or yard space for storage or activities outside of the dwelling.

4. The home occupation shall contain no facilities for the display of goods. Any sale of goods and services shall constitute a clearly incidental part of the operation of the home occupation.

5. No commercial vehicles are used except one delivery truck which does not exceed three-fourths (3/4) ton rated capacity.

6. The home occupation is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character of the building from that of a dwelling.

7. Signs shall be limited to one identification nameplate, constructed and installed in accordance with the provisions of subsection 10-12-23B1c of this chapter.

8. Not more than the equivalent of twenty five percent (25%) of the ground floor area of the dwelling is devoted to the home occupation.

9. The home occupation shall obtain a business license from the city.

10. Entrance to the home occupation from outside shall be the same entrance normally used by the residing family except when required otherwise by regulation of the state health department or other public agency.

11. The physical appearance, traffic, parking space and other activities in connection with the home occupation are not contrary to the intent of the zone in which the home occupation is located and do not depreciate surrounding values as determined by the zoning administrator.

12. Business activity may be conducted by the residing family and not more than three (3) persons not residing in the dwelling where the home occupation takes place, subject to the following:

a. On an annual basis, the individual holding the business license must make a statement on the business renewal application regarding the number of employees working in the home and if the nature of the business has changed in any manner. All business licenses are subject to this provision upon renewal.

b. The holder of a home occupation business license is responsible to comply with all county, state and federal regulations, such as, but not limited to, fire codes, building codes, OSHA safety requirements, EPA, FICA, the Americans with disabilities act (ADA), etc., which are applicable to their business.


C. Conditions May Be Attached: In order to achieve the objectives of this development code and to protect the health, safety and quality of life in the community, the designated approval authority may attach conditions to the granting of a home occupation consistent with the standards hereinabove stated. (Ord. 98-12-8-13, 12-8-1998)


D. Review; Appeal:

1. Any person aggrieved by a determination of the designated approval authority may request a review before the city council who shall have the authority to reverse, affirm or modify any decision of the approval authority. Any such request for review shall be filed with the city recorder within ten (10) days of the determination of the designated approval authority. (2003 Code)

2. Any person aggrieved by a determination of the city council may request a hearing before the appeal authority who shall have the authority to reverse, affirm or modify any decision of the city council. Any such appeal shall be filed with the city recorder within ten (10) days of the determination of the city council. (2003 Code; amd. Ord. 07-7, 4-24-2007)


E. Continuing Obligation; Business License Required:

1. All home occupations shall be operated in compliance with the conditions hereinabove set forth and any conditions which may be attached as part of the approval. Upon approval of a home occupation, the applicant shall be eligible to acquire a business license to operate. Issuance of the business license shall be conditioned upon continued performance of the conditions of approval and said license shall be refused or revoked upon failure of the owner and/or operator to maintain or operate the home occupation in accordance therewith.

2. The approval shall be valid for the remainder of the year in which it is first granted. Thereafter, the approval will be extended for successive one year periods, commencing on January 1 of the calendar year; provided, that: a) the home occupation remains substantially the same as initially approved; and b) the home occupation has remained active as evidenced by the acquisition of a valid business license for the previous year.


F. Termination Of Approval Permitted; Procedure: The city may revoke the approval of the home occupation or refuse renewal of the business license upon a determination made by the city council, following notice and hearing on the matter, that the home occupation is not in compliance with the provisions of this section or the conditions attached at the time of approval. The zoning administrator shall have a reasonable right of entry for the purpose of inspection of the premises to determine compliance with the provisions of this section. (Ord. 98-12-8-13, 12-8-1998)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230220
10-12-18: PUBLIC BUILDINGS AND STRUCTURES TO BE APPROVED:linklink

Prior to the construction of any building or other structure by a local governmental entity (i.e., school district, county, special service district) within the city, a site plan for the same shall be submitted to and approved by the city in accordance with the provisions of section 10-12-19 of this chapter. (Ord. 97-7-8-8, 7-8-1997)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230221
10-12-19: SITE PLAN REVIEW:linklink

Wherever the terms of this title require submission and approval of a site plan, such review shall be conducted in accordance with the following provisions:


A. Application Required: Application for site plan approval shall be submitted and reviewed in accordance with section 10-12-37 of this chapter. (Ord. 04-6, 7-13-2004, eff. 8-13-2004)


B. Approval Of Site Plan; Appeals Permitted: All reviewing bodies shall review all proposed site plans and shall issue all decisions within a reasonable time. Any person aggrieved by a determination of any reviewing body may request in writing a hearing before the appeal authority who shall have the authority to reverse, affirm, or modify any decision of the reviewing body. Any such appeal shall be filed within thirty (30) days of the determination of the reviewing body. (Ord. 04-6, 7-13-2004, eff. 8-13-2004; amd. Ord. 07-7, 4-24-2007)


C. Building Permit: No building permit shall be issued for any use, building, structure or external alterations thereto which requires site plan approval until the provisions of section 10-12-37 of this chapter have been complied with. Any construction not in conformance with an approved site plan shall be considered a violation of this title.


D. Business License Not To Be Issued Without Site Plan Approval: No business license shall be issued for any use requiring site plan approval until such approval has been obtained in accordance with the terms of section 10-12-37 of this chapter. Any license issued prior to site plan approval shall be null and void. (Ord. 02-5-28-12, 5-28-2002, eff. 6-12-2002; amd. Ord. 04-6, 7-13-2004, eff. 8-13-2004)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230222
10-12-20: RECREATION VEHICLES AND MOBILE HOMES PROHIBITED AS DWELLINGS:linklink

It shall be unlawful to place any recreation vehicle or mobile home on any lot or parcel of land and to use the same for human habitation, except as provided for in section 10-10A-3 of this title. (Ord. 01-11-13-16, 11-13-2001, eff. 12-14-2001)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230223
10-12-21: CONNECTION TO UTILITY SERVICES REQUIRED:linklink


A. Culinary Water System1: All dwellings and other buildings used for human occupancy shall be served by the city water system or by an existing private central water system which is approved by the appropriate state approval authority and which is capable of providing and delivering adequate supplies for both culinary and firefighting purposes.


B. Fire Hydrants: Each dwelling or other structure used for human occupancy shall be located not more than two hundred fifty feet (250') from the closest fire hydrant. (Ord. 97-7-8-8, 7-8-1997)


C. Domestic Sewage Disposal2:

1. All dwellings and other buildings intended for human occupancy shall be served by the city central sewage collection and disposal system.

2. Existing dwellings and other buildings of human use and occupancy currently serviced through a septic system must connect to the city sanitary sewer system at the point in time in which the availability of said system extends to within three hundred feet (300') of the property, pursuant to the Utah Code Annotated section 10-8-38, and subject to the following conditions:

a. Should a property owner connect to the city sanitary sewer system within one year of the date of said availability, the following shall apply:

(1) The sewer hookup fee shall be waived.

(2) The full sewer impact fee shall be paid by the property owner, except that said fee may be financed over thirty six (36) months without interest.

b. Should a property owner not connect to the city sanitary sewer system within one year of the date of said availability, the following shall apply:

(1) The full sewer hookup fee shall be paid in full by the property owner.

(2) The full sewer impact fee shall be paid in full by the property owner.

(3) Neither the hookup fee nor the full sewer impact fee may be financed by the city.

(4) Following the expiration of one year from the date of said availability, if the property owner has not connected to the city sanitary sewer system, the property owner shall be responsible for payment of a monthly fee equal to the amount of the monthly sewer fee until a connection is established, at which time the property owner shall assume normal billings for sewer services from the city.

(5) Any fees or charges, as outlined above, which are not kept current, shall fall under the city's normal procedure for such situations. (Ord. 01-12-11-19, 12-11-2001, eff. 1-11-2002)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230224
10-12-22: RESIDENCES FOR PERSONS WITH A DISABILITY:linklink


A. Applicability: This section shall govern any facility, residence, or other circumstance that constitutes a "residential facility for persons with a disability" as defined in this title. The requirements of this section shall govern and control any contrary provisions of this title or the city code. Except as provided herein, the requirements of this section shall not be construed to prohibit or limit other applicable provisions of this title, the city code or other laws.


B. Legislative Intent: The intent of this section is:

1. To comply with Utah Code Annotated 10-9a-520, as amended; and

2. To allow persons with disabilities the same rights and privileges to live in the city's residential areas as those persons who are not disabled by implementing the policies and goals provided in the Utah fair housing act and the federal fair housing amendments act of 1988, 42 USC section 3601 et seq., as interpreted by the courts having jurisdiction over the city of Elk Ridge.


C. Permitted Use:

1. Permitted Use: Notwithstanding any contrary provision of this title, a residential facility for persons with a disability shall be a permitted use in any zone in the city where similar residential dwellings that are not residential facilities for persons with a disability are allowed as a permitted or conditional use, subject to the same land use regulations applied to single-family residential dwellings in the zone in which the facility is proposed to be located, except as may be specifically modified in this section.

2. Termination: A use permitted by this section is nontransferable and shall terminate if:

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

b. Any license or certification issued by the Utah department of health or the department of human services for such a facility terminates or is revoked; or

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


D. Development Standards: The development standards set forth in this section shall apply to any residential facility for persons with a disability.

1. Building, Safety And Health Regulations:

a. The facility shall comply with all building, safety and health regulations applicable to similar uses in the same zone that are not residential facilities for persons with a disability.

b. The landscaping and structures located on site of the residential facility shall maintain the residential character of other similar single-family residences located within the same zone. Facilities utilizing existing residential structures shall not make alterations to the landscaping or structure that would change the structure's residential character. Landscaping shall be established and well maintained in a manner consistent with the standard of maintenance for yards and landscaping of other homes in the immediate neighborhood.

c. In order to properly provide for staff and visitor parking, the facility shall include a minimum of one on site parking stall for each resident of the facility including staff, or comply with the parking standards of the zone in which the facility is proposed to reside if the minimum number of parking stalls required in the zone is greater. A pick up and delivery area may be provided if appropriate but shall be designed to maintain the residential character of the property. A parking plan and improvement schedule shall be submitted including:

(1) A parking stall count; and

(2) Landscaping to screen parking and drive areas that are larger than or out of character with the typical residential parking facilities residing in the same zone; and

(3) A schedule for completion of the additional parking and landscaping.

d. Residential facilities for persons with disabilities that are substance abuse facilities and are located within five hundred feet (500') of a school shall provide, in accordance with rules established by the department of human services under title 62a, chapter 2, licensure of program and facilities:

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

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

(3) Other twenty four (24) hour security measures as may be recommended by the local law enforcement authorities.

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

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

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

3. License And Certification: Prior to occupancy of any facility, the person or entity operating the facility shall:

a. Apply for and hold a current city business license; and

b. Provide the city with a copy of any license or certification required by the Utah state department of health or the Utah state department of human services; and

c. Evidence that the applicable state agency has approved the specific structure proposed for occupancy and that it meets the agency's criteria for size, number, and amenities related to bedrooms, bathrooms, and other living areas to adequately provide accommodations for the proposed number of residents and staff members; and

d. Certify, in a sworn affidavit submitted that no person will reside or remain in the facility whose prior or current behavior, actions and/or criminal incidents or convictions, have demonstrated that such person is or may be a substantial risk or direct threat to the health or safety of other individuals, or whose said behavior, actions and/or incidents or convictions have resulted in or may result in substantial physical damage to the property of others. Such affidavit shall be updated at the time of the application for renewal of the business license. (Ord. 12-05, 11-27-2012)

4. Separation Required: In order to preserve the residential character of the neighborhoods of Elk Ridge, and the residential nature of the residential facilities for persons with a disability, and to see that such facilities are reasonably dispersed throughout the city, no residential facility for persons with a disability shall be located within three thousand nine hundred sixty feet (3,960') (3/4 mile) from an existing residential facility for persons with a disability. The distance shall be measured from the property line of the existing facility to the property line of the proposed facility. (Ord. 13-3, 4-9-2013)

5. Number Of Occupants: Occupancy of a residential facility for persons with a disability shall be limited to no more than four (4) unrelated persons. For purposes of determining the number of occupants of a facility, persons engaged to provide services to the residents of the facility shall be counted if they reside at the residence.

6. Facility To Serve Only As A Residence For Persons With A Disability: No professional counseling, therapy or other treatment shall be provided in the facility for any person other than a resident or invited guest of the resident. (Ord. 12-05, 11-27-2012)


E. Reasonable Accommodation: None of the requirements of this section shall be interpreted to limit any reasonable accommodation necessary to allow the establishment or occupancy of a residential facility for persons with a disability. A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to fair housing opportunities. Refer to section 10-12-42, "Reasonable Accommodation", of this chapter for the processes and procedures required to request and review a request for reasonable accommodation. (Ord. 13-4, 4-9-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230225
10-12-23: SIGNS AND ADVERTISING STRUCTURES:linklink


A. Intent: It is the intent of this section to provide standards and requirements relating to the location and design of signs and similar advertising structures.


B. Permitted Signs In All Zones: The following accessory signs shall be permitted in all zones, subject to the terms and conditions as may be stated; and provided, that no sign shall be positioned in such a manner as to result in the creation of an unsafe visual clearance at any driveway location or intersection:

1. Signs Not Requiring Permit: The following signs shall be permitted without the necessity of obtaining a permit from the city: (Ord. 97-7-8-8, 7-8-1997)

a. Real estate sales; one sign per street frontage advertising the sale, lease or rental of the premises; provided, that such signs shall not exceed six (6) square feet in residential zones and eight (8) square feet in other zones. All such signs shall be removed within six (6) months from the date of installation. (Ord. 97-7-8-8, 7-8-1997; amd. 2003 Code)

b. Political signs; signs for the purpose of announcing the candidacy of any person seeking public office; provided, that such signs shall be removed not more than seven (7) days following the election.

c. Identification nameplates; accessory nameplates for professional persons or home occupations. Said signs shall be not more than two (2) square feet in area, be unlighted, and contain no advertising material.

d. Institutional identification signs; one sign or bulletin board per street front denoting the name of any public, charitable or religious institution when located on the premises of the main structure, and provided such sign shall not exceed twenty four (24) square feet in area.

e. Governmental signs; signs erected by a governmental unit for regulatory or informational purposes such as traffic signs, street signs and public notices.

f. Public signs; signs of a nonadvertising nature intended to identify a condition or provide information to the public, such as public utility information signs, safety and danger signs, trespass signs, entrance and exit markers, provided, no sign shall exceed four (4) square feet in area.

2. Signs Requiring Permit: The following signs shall be permitted upon acquisition of a permit therefor:

a. Building and development project identification signs; one sign for each parcel upon which a building or development project is being constructed announcing the character of the activity or the purpose for which the building is intended, including the names of the contractor, engineers, architects, financial providers, etc., and provided the area of the sign shall not exceed thirty two (32) square feet. All such signs shall be removed prior to the issuance of a certificate of occupancy.

b. Directional and public service signs; signs which identify or provide direction to scenic or historic sites, sports facilities or signs which serve as community entrance signs or which convey community service information; provided, that the area of the sign shall not exceed sixteen (16) square feet. (Ord. 97-7-8-8, 7-8-1997)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230226
10-12-24: MINIMUM LEVEL OF IMPROVEMENTS INSTALLED BEFORE ISSUANCE OF BUILDING PERMIT:linklink

No building permit for the construction of a dwelling or other structure intended for human occupancy shall be issued unless and until the lot upon which said structure is proposed to be constructed is served by the following minimum level of improvements:


A. Culinary Water Main3:

1. A culinary water main which connects to an existing city water main having sufficient capacity to serve both culinary and fire flow requirements, and which extends from the point of connection to the existing main to and across the full width of the adjacent lot (except in the area serviced by the Goosenest Water Company located west of 1600 West, where there is presently no extension, but where a future extension as a result of contiguous development may be anticipated). Also a permanent water service lateral, extending from the main to the property line and including the service tap, lateral pipe, constructed in accordance with city standards.

2. Prior to the issuance of the permit, said water main shall have been:

a. Tested and sanitized;

b. Inspected and approved by the city engineer;

c. Charged; and

d. Capable of delivery of the water for both culinary and fire flow purposes to the premises.


B. Sanitary Sewage4: A sanitary sewage collection main which connects to an existing adequate city sewer main at the most appropriate location, as determined by the city. Said sewer main extension shall run from the point of connection to the existing main, to and across the full width of the adjacent lot (except in the area serviced by the Goosenest Water Company located west of 1600 West, and the Loafer Canyon recreation area south of the private gate on Loafer Canyon Road, where there are presently no extensions, but where future extensions as a result of contiguous development may be anticipated). Also, the premises shall connect to the main through a permanent sewage service lateral extending from the main line to the property line.


C. Street Improvements:

1. A hard surfaced city street having a right of way width which conforms to the minimum city standards. The hard surfaced street shall extend from the point of connection to an existing hard surfaced street to and across the full width of the lot seeking approval. The city may allow a building permit to be issued on a lot in a subdivision without asphalt surfacing, if the applicant agrees in writing that a certificate of occupancy for the structure will not be issued until asphalt surfacing is complete. All other requirements of this section shall be met prior to the issuance of a building permit. If building permits are issued before asphalt surfacing is in place, it is the applicant's responsibility to:

a. Clear and maintain the roads to allow fire and emergency vehicle access to the building site.

b. Strip the road base after winter months.

c. Replace and recompact the road base prior to installation of asphalt to meet city requirements.

2. For purposes of compliance with this requirement, the term "hard surfacing" shall mean and include the installation of road subbase, gravel base and asphalt surfacing, all in accordance with city standards.

3. The provisions of this subsection C shall not be applicable to approved projects which shall have been approved in accordance with the applicable provisions of this title for which vehicular access to individual units is from private streets.


D. Drainage: All required drainage requirements shall be met. (Ord. 07-17, 11-13-2007, eff. 12-13-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230227
10-12-25: FLAG LOT DEVELOPMENT:linklink

(Rep. by Ord. 08-9, 7-8-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230228
10-12-26: STORAGE OF COMMERCIAL VEHICLES IN RESIDENTIAL ZONES PROHIBITED; EXCEPTIONS:linklink


A. The storage or continuous parking of: 1) trucks having a rated capacity of one and one-half (11/2) tons or greater, or trailers intended to be pulled thereby; or 2) motorized construction, excavation or other equipment having a weight of two and one-half (21/2) tons or greater, shall not be permitted in any residential zone except when located on a lot during the construction of a primary dwelling thereon.


B. The provisions of this section shall not be construed to prohibit the owner/occupant of a lot containing a dwelling from parking his/her recreation vehicle on the lot. (Ord. 99-7-13-5, 7-13-1999)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230229
10-12-27: SPECIAL PROVISIONS RELATING TO DWELLINGS:linklink


A. Building, HUD Code Compliance: The dwelling shall meet the requirements of the current edition of the building code as adopted by the city or, in the instance of a manufactured housing unit, the current version of the HUD code.


B. Prior Occupancy: In the event that the dwelling has had prior occupancy, the dwelling shall meet the requirements of the existing applicable code.


C. Utility Connection: The dwelling shall be approved for permanent connection to all required utilities.


D. Foundation:

1. Each dwelling shall have a code approved site built foundation capable of transferring design dead loads and live loads and any other design loads unique to local homes (i.e., wind, seismic or water conditions, etc.), that are imposed by or upon the structure into the underlying soil or bedrock without failure, and shall be adequately tied to the foundation.

2. All foundations and all tie down devices shall be in accordance with the city adopted building codes, the manufacturer's recommendations, or an approved engineered design.


E. Perimeter Foundation, Skirting: The space beneath the structure shall be enclosed at the perimeter with a foundation which meets the requirements of the building code or, in the instance of a manufactured housing unit, a concrete or masonry skirting wall. The perimeter foundation or skirting wall shall be continuous, except for the placement of doors, windows or access openings and shall be placed upon footings which are not less than thirty inches (30") below grade, as measured to the bottom of the footing, for frost protection.


F. Transportation Devices: In the instance of a factory built dwelling or moved structure, any tongues, axles, wheels or other devices required for the transportation of a dwelling and not required to retain the structural integrity of the building shall be removed at the time of installation.


G. Roof Surface: The roof surface shall consist of fire retardant roofing materials conforming to the applicable standards of the building code and urban/wildland interface ordinance (see title 9, chapter 3 of this code).


H. Roof Pitch: Where the design provides for a pitched roof, the pitch shall be not less than 2.5:12. There shall be a roof overhang at the eaves and gable ends of not less than six inches (6"), excluding the rain gutters, as measured from the outer surface of the adjacent vertical wall. The roof overhang requirement shall not apply to areas above porches, alcoves and similar appendages, which together do not exceed twenty percent (20%) of the length of the structure.


I. Exterior Siding Material: Dwellings shall have exterior siding material consisting of wood, hardboard, brick, concrete, stucco, glass, metal or vinyl lap, tile or stone.


J. Garage: Each dwelling shall be provided with a two (2) car garage.


K. Exit Landing: At each exit door there must be a landing that is a minimum of thirty six inches by thirty six inches (36" x 36") and constructed to meet the requirements of the building code. (Ord. 97-7-8-8, 7-8-1997; amd. 2003 Code)


L. Deviations: The planning commission may approve deviations from one or more of the developmental or architectural standards set forth above, upon receipt of an application from the owner and a finding that: 1) the proposed deviation provides compensating features meeting the intent of the standard appealed from; and 2) the appearance of the proposed dwelling, including any proposed deviation, will be compatible and harmonious with existing structures in the vicinity. A determination made by the planning commission may be appealed to the appeal authority. (Ord. 97-7-8-8, 7-8-1997; amd. 2003 Code; Ord. 07-7, 4-24-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230230
10-12-28: LOW POWER RADIO SERVICE ANTENNA FACILITIES (CELLULAR PHONE TRANSMISSION TOWERS AND FACILITIES):linklink


A. Intent: It is the intent of this section to establish an approval procedure and placement standards and criteria to more adequately address the various planning issues relating to the placement of low power radio service antenna facilities within the city, including issues of demand, visual mitigation, noise, engineering, residential impacts, health, safety and facility sites, while ensuring that such procedure, standards and/or criteria do not unreasonably discriminate among competing wireless telecommunications service providers. (Ord. 97-7-8-8, 7-8-1997)


B. Procedure For Approval: Same as required for approval of a large scale development (see subsection 10-11F-4 of this title). (Ord. 11-02, 4-12-2011, eff. 6-8-2011)


C. Standards And Criteria; Definitions: For purpose of facilitating regulation, low power radio service antenna facilities are divided into three (3) categories. The characteristics of each category and the specific standards and criteria applicable to each shall be as hereinafter set forth: (Ord. 97-7-8-8, 7-8-1997)

1. Monopole Antenna: A "monopole antenna" is defined as a single cylindrical steel or wooden pole attached directly to the ground that acts as the support structure for the antenna and antennas.

a. Location: Monopole antennas shall be permitted in any zone or development project in which minor utility transmission projects are listed as a permitted or conditional use. The pole may be placed on a separate site owned by the user and dedicated exclusively as an antenna or may be "collocated" on a site occupied by a primary or "host" structure and occupied on a lease basis. The placement site shall have adequate access, and in the instance of a lease site shall not have the effect of reducing the requirements applicable to the host structure or use in violation of the development code or an approved development plan.

b. Height: The maximum height of any monopole structure shall be sixty feet (60') as measured from the prevailing ground surface in the vicinity of the pole. Each monopole structure shall be freestanding and shall not require the use of guy wires for support.

c. Antenna: The size, type and placement of the actual antenna structure attached to the monopole shall be in accordance with the standards for antenna type as set forth on figures 1 and 2 of this section. Not more than one antenna structure shall be placed on each monopole, except that the monopole may contain one whip type antenna in addition to any of the antenna structures identified under figures 1 and 2 of this section.

d. Spacing: No monopole structure shall be located closer than one-half (1/2) mile from any other monopole structure.

e. Distance From Residences: No monopole structure shall be located closer than three hundred feet (300') from any residence when the pole is located in a residential zone, or three hundred feet (300') from any residential zone boundary when proposed for placement in a professional office, commercial or industrial zone.

f. Placement On Undeveloped Parcels Not Permitted: Monopoles proposed to be located within a residential zone shall be placed only upon property currently developed, e.g., park, golf course, and school campus property. No such facility shall be permitted on lands which are currently vacant, used for agriculture, or otherwise considered probable for development for residential purposes.

g. Lighting: No portion of the antenna or structure shall be lighted; and no such structure shall be permitted in a location which requires the use of flashing or other warning lights.

h. Color: The color of the monopole and antenna structure shall be white, or such other color as will blend with the surrounding environment, as approved by the approval authority.

i. On Site Placement: Collocated monopole structures shall be placed in the interior yard area of the host lot. Such structures shall not be placed in required landscape areas or required parking spaces.

j. Accessory Facilities: Appurtenant buildings or facilities shall comply with the setback requirements of the zone or development plan. Monopoles shall be protected from unauthorized access through the use of an enclosure fence having a height of six feet (6'), and by ensuring that the climbing pegs are removed from the lower twenty feet (20') of the pole. All electric power lines leading to any freestanding accessory building or structure shall be underground.

k. Exception To Height And Lighting Restrictions: The height and light restrictions of subsections C1b and C1g of this section may be waived by the approval authority where the low power radio service antenna facility is to be mounted on an existing pole that lawfully exists under current law and was placed for a purpose other than that of providing telecommunications service (e.g., park lighting at a ballpark), where: 1) no lighting is placed thereon that further illuminates, advertises or draws attention to the pole, the low power radio service antenna facility, or the provider of any telecommunications service; and 2) the mounting of such facility complies in all respects with all other provisions of this section.

2. Wall Mounted Antenna: A "wall mounted antenna" is defined as an antenna or series of individual antennas mounted against the vertical wall of a building.

a. Location: Wall mounted antennas shall be permitted in any zone or development project in which minor utility transmission projects are listed as a permitted or conditional use.

b. Placement: The size, type and placement of antenna structure shall be in accordance with the standards for antenna type as set forth on figure 3 following this section. No portion of the antenna shall project above the wall to which it is attached.

c. Color, Architectural Compatibility: Antennas, equipment and supporting structure shall be painted or otherwise colored to match the building facade, structure or background against which they are most commonly seen, and shall be architecturally compatible with the building to which they are attached.

d. Accessory Facilities: All facilities and equipment for the operation of the antenna shall be located within the structure to which the antenna is attached.

3. Roof Mounted Antenna: A "roof mounted antenna" is defined as an antenna or series of individual antenna mounted on a flat roof, mechanical room or penthouse of a building.

a. Location: Roof mounted antennas shall be permitted in any zone or development project in which minor utility transmission projects are listed as a permitted or conditional use.

b. Placement: The size, type and placement of antenna structure shall be in accordance with the standards for antenna type as set forth on figure 4 following this section and shall be located within the placement envelop as defined therein.

c. Roof Placement: Roof mounted antennas shall be permitted only on a flat roof, and shall be screened, constructed and/or colored to match the structure to which they are attached.


D. Review Criteria; Additional Requirements May Be Attached: In conducting its review and/or making its determination, the approval authority and/or reviewing body shall, in addition to any other matters it may choose to consider, consider the following:

1. Compatibility: Compatibility of the proposed structure with the height and mass of existing buildings in the area.

2. Placement: Whether placement of the structure in the proposed location will result in a significant impact to other uses or the reception or transmission of existing facilities.

3. Location: The location of the antenna in relation to existing vegetation, topography and buildings to obtain the best visual screening.

4. Impacts: Visual and economic impacts upon the adjacent properties.

5. Compliance: Compliance with federal communications commission (FCC) emission standards.

The approval authority may deny placement of a low power radio service antenna facility which does not conform to the required standards and criteria, or which is inconsistent with the review criteria of this subsection; or it may require changes or additional measures in order to more fully protect the interests of adjacent properties and the public and to accomplish the purposes of this section.


E. Denial:

1. Requirements: The approval authority may not deny a request for approval of a proposed low power radio service antenna facility unless it satisfies the requirements of this subsection:

a. Evidence, facts, arguments, comments, advice and/or recommendations, not otherwise protected from disclosure by law or legally recognized privilege, which are relied upon by the approval authority in denying the request, must be reduced to written form.

b. The approval authority shall prepare and issue its findings, conclusions, final decision or determination, and supporting reasons therefor, in writing.

2. Written Submissions: The approval authority, or any recommending governmental body or officer, may require the applicant, city staff members and/or interested members of the public to prepare their comments and arguments in the form of written submissions to the approval authority.

3. Minutes: Written minutes of any public meeting of the city wherein a request made under this section results in a denial shall be kept in accordance with the Utah open meetings act.

4. Written Record: The official minutes of the public meeting, along with the written submissions and documentation referenced above in this subsection, shall constitute the approval authority's written record as required by provisions of the telecommunications act of 1996; shall be made available upon request to the applicant and the public pursuant to the Utah government records access and management act; and shall constitute the official written record for the purpose of any legal, equitable or administrative review of said denial.


F. Continuing Obligation; Business License Required:

1. Maintenance: Every antenna, pole or support structure, and all ancillary facilities, comprising a low power radio service antenna facility, shall at all times be maintained in good structural and aesthetic condition. The owner of any property on which any such antenna, pole, support structure or ancillary facility or facilities, is located, and those responsible for or receiving benefit from its placement, shall keep the area clean and free from noxious or offensive substances, rubbish and/or flammable waste material.

2. Compliance: In addition to complying with any and all standards and criteria, review criteria, conditions and requirements of the city under this section, a low power radio service antenna facility is expected to and shall fully comply with all other applicable ordinances of this city, and with all applicable state and federal laws and regulations, including, but not limited to, the regulations of the FCC (including emissions standards of any radio frequency emissions emitted, discharged or otherwise radiating from such facility); the federal aviation administration (FAA), and the environmental protection agency (EPA).

3. Use Separate: Each separate low power radio service antenna facility shall be considered as a separate use; and an annual business license shall be required for each such facility.

4. Failure; Abandonment:

a. Failure to properly maintain the low power radio service antenna facility, or the premises upon which it is located, as set forth in subsections F1 and F2 of this section; or

b. Failure to secure and maintain the required business license for a continuous period of one year, shall be considered an abandonment of said low power radio service antenna facility.

5. Revocation Of License: Failure to comply with any of the requirements of this section, any applicable ordinance of the city, or any state or federal law or regulation, may constitute grounds to revoke the business license of and pertaining to the low power radio service antenna facility. (Ord. 97-7-8-8, 7-8-1997; amd. 2003 Code)






(Ord. 97-7-8-8, 7-8-1997
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230231
10-12-29: ACCESSORY APARTMENTS:linklink


A. Intent: The following regulations have been established to:

1. Provide minimum standards for the establishment and operation of accessory apartments within the city. (Ord. 99-6-22-4, 6-22-1999)

2. To facilitate the implementation of the affordable housing element of the general plan by adopting provisions allowing the construction and operation of accessory apartments within single-family dwellings.


B. Application And Approval Required:

1. Accessory apartments situated within single-family dwellings may be approved by the zoning administrator, or such other city officer or board (hereafter referred to as "designated approval authority"), as may be delegated by the city council, following receipt of an application and subject to a finding that the primary dwelling and proposed accessory apartment conforms to the conditions and standards hereinafter set forth.

2. Any person constructing or causing the construction of a single-family dwelling containing an accessory apartment, or any person remodeling or causing the remodeling of a single-family dwelling intended to include an accessory apartment shall first obtain an accessory apartment permit. Before the permit is issued the applicant shall: (Ord. 99-6-22-4, 6-22-1999; amd. Ord. 12-05, 11-27-2012)

a. Submit the following materials relating to the proposed accessory apartment:

(1) An application for approval of an accessory apartment.

(2) A site plan, drawn accurately to scale, that shows property lines and dimensions, the location of all existing buildings, the location of existing and proposed entrances, and the location of existing and proposed off street parking stalls.

(3) A detailed floor plan of the dwelling, drawn to scale, and showing the use of each room and the location of the rooms included in the accessory apartment.

(4) Request to establish a utility service account with the city which includes the accessory apartment.

(5) All plans and other submittal shall conform with the standards set forth in this section. (Ord. 99-6-22-4, 6-22-1999)

b. (Rep. by Ord. 15-1, 1-10-2015)

c. Make payment of such fees as are required for the processing of the application.


C. Standards And Design Criteria: Any proposal for the establishment of an accessory apartment shall comply with the following standards and criteria:

1. Accessory apartments are specifically listed as a permitted or conditional use within the zone.

2. Accessory apartments shall be permitted only in the instance where the primary dwelling is owner occupied. (Ord. 99-6-22-4, 6-22-1999)

3. A single-family dwelling may include not more than one accessory apartment.

4. The lot occupied by a single-family dwelling with an accessory apartment shall include not less than three (3) off street parking spaces. No portion of the required off street parking shall be situated within the front setback area or side setback area adjacent to a street. All off street parking areas shall be paved with concrete, asphalt, masonry or concrete pavers.

5. Single-family dwellings containing an accessory apartment shall be served by a single water and sewer connection. (Ord. 99-6-22-4, 6-22-1999; amd. Ord. 12-05, 11-27-2012)

6. An accessory apartment shall contain not less than three hundred (300) square feet. The primary dwelling shall conform to the building area requirements of the zone, not including the portion devoted to the accessory apartment.

7. All construction and remodeling to accommodate the accessory apartment shall conform to the building code in effect at the time of construction or remodeling. (Ord. 99-6-22-4, 6-22-1999)

8. The exterior entrance for an accessory apartment shall be separate from the primary single-family dwelling entrance.

9. The exterior entrance for an accessory apartment approved as part of a new single-family dwelling shall not be located at the front of the dwelling adjacent to a street.

10. Where the proposed accessory apartment is to be located in an existing single-family dwelling, the entrance shall: a) conform to the requirements applicable to a new dwelling; or b) where the separate entrance is an existing entrance facing the street, the style of the entrance door shall be the same as the entrance door for the primary dwelling. The purpose of this requirement is to preserve the single-family residential look of the structure.

11. The primary dwelling shall either: a) be served by the city sanitary sewer system; or b) if served by septic tank disposal system, provide written evidence from the county health department, or its successor agency, that the septic tank and drainfield system is adequate to accommodate the additional demand from the accessory apartment. (Ord. 15-1, 1-10-2015)


D. Duration Of Permit; Continuing Obligation: An accessory apartment permit shall be valid for the year in which it is first issued and until May 1 of the year following its issuance. Thereafter, the accessory apartment permit shall be automatically renewed for the next succeeding year upon receipt of: 1) payment of an annual accessory apartment permit fee; 2) evidence that the primary dwelling is occupied by the owner; and 3) a determination by the city that all conditions of approval remain in effect. (Ord. 99-6-22-4, 6-22-1999)


E. Preexisting Accessory Apartments: Where an existing single-family dwelling contains an accessory apartment, the city will issue a permit for continued operation of the accessory apartment existing at the time of the adoption hereof if all the following conditions are met: (Ord. 99-6-22-4, 6-22-1999; amd. Ord. 12-05, 11-27-2012)

1. Accessory apartments are permitted within the zone in which the dwelling is located;

2. The primary dwelling and the portion intended for use as an accessory apartment shall have been inspected by the building inspector and certified as being safe for occupancy;

3. The owner of the primary dwelling shall have submitted an application to continue operation of the accessory apartment within ninety (90) days of the adoption of this section; (Ord. 99-6-22-4, 6-22-1999)

4. The city shall have received payment of processing fees required as a condition of approval of an accessory apartment. (Ord. 15-1, 1-10-2015)


F. Penalty: Failure to secure approval of an accessory apartment as provided in this section or to operate an accessory apartment in accordance with the terms of this section shall be considered a violation of this development code and punishable as provided herein. (Ord. 99-6-22-4, 6-22-1999)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230232
10-12-30: ZONE DEVELOPMENT STANDARDS; EXCEPTION:linklink

The planning commission may approve, following a public hearing, a subdivision with a lot that has a width, side setbacks and/or area less than that required by this title, provided the following conditions are met:


A. The proposed lot width, side setbacks and/or area in the R-1-20,000 and R-1-15,000 zones shall be at least eighty percent (80%) of the minimum lot width, side setbacks and/or area required by these zones or at least the same width, side setbacks and/or area as eighty percent (80%) of the lots within four hundred feet (400') of the property fronting on the same street.


B. The proposed subdivision shall contain no more than two (2) lots.


C. The proposed subdivision shall meet all other subdivision and zoning ordinance requirements, including front and rear setbacks.


D. Any person requesting a subdivision under this exception shall submit a plan showing compliance with the setback, driveway slope and buildable area requirements for the lot that has a width or area less than that required by this title. (Ord. 06-16, 11-14-2006)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230233
10-12-31: ASSISTED LIVING FACILITIES:linklink


A. "Assisted living facility" means:

1. A type I assisted living facility, which is a residential facility that provides assistance with activities of daily living and social care to two (2) or more residents who:

a. Require protected living arrangements; and

b. Are capable of achieving mobility sufficient to exit the facility without the assistance of another person; and

2. A type II assisted living facility, which is a residential facility with a homelike setting that provides an array of coordinated supportive personal and health care services available twenty four (24) hours per day to residents who have been assessed under department rule to need any of these services.


B. Each resident in a type I or type II assisted living facility shall have a service plan based on the assessment, which may include:

1. Specified services of intermittent nursing care;

2. Administration of medication; and

3. Supportive services promoting residents' independence and self-sufficiency. (Ord. 11-03, 4-12-2011, eff. 6-9-2011)


C. Assisted living facilities are a conditional use in the C-1 retail commercial zone based on the following conditions and standards:

1. The facility conforms to all applicable standards and requirements of the Utah state department of human services.

2. No person being treated for alcoholism or drug abuse shall be placed in an assisted living facility.

3. Placement in an assisted living facility shall be on a strictly voluntary basis and not part of, or in lieu of, confinement, rehabilitation or treatment in a correctional facility.

4. The facility conforms to all building, safety, health and zoning requirements of this code applicable to structures in the zone in which it is located.

5. The facility shall be of a size, scale and design such that it is in harmony with other residential uses in the vicinity.

6. All required yard areas and all other nonpaved or nonbuilt areas shall be landscaped.

7. The facility may be required to have a rear and side yard sight obscuring fence when adjacent to incompatible commercial uses. A six foot (6') masonry fence shall be required when located adjacent to a residential zone or use.

8. The facility shall be allowed one wall or monument sign, which shall not exceed twelve (12) square feet and which shall have no internal illumination. All signage shall be approved by the planning commission at the same time as the facility site plan.

9. The facility shall have no more than two (2) stories or thirty six feet (36') above grade, as measured from the highest point of finished grade of the ground adjacent to the foundation of the structure to the top of the roofline.

10. There shall be at least three (3) parking spaces for the first two (2) beds and one additional parking space for each additional three (3) beds. All parking shall meet current Americans with disabilities act requirements. (Ord. 16-4, 9-13-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230234
10-12-32: WATER RIGHTS CONVEYED TO CITY; EXCEPTIONS:linklink


A. Amount Of Water Right: As a condition of approval of a building permit for a dwelling or other use which proposes to obtain water service from the city water system, the applicant shall convey to the city title to water rights in the amount shown in the water rights table in the "Elk Ridge City Development And Construction Standards Manual". The exact amount required varies with the size of the lot or if the intended use will require more than the amount shown on the table. In the special case of large common areas in a development or commercial developments, the city may require the conveyance of additional water rights to accommodate the anticipated additional demand for water. In no case shall less than one acre-foot for each dwelling be conveyed to the city.


B. Prior Approved Lots: Where an application for building permit is requested for construction on a lot for which water rights have been previously conveyed, the amount of water rights previously conveyed shall be construed as a credit toward satisfaction of the water rights conveyance requirement required pursuant to this section.


C. Type Of Water Rights: The water rights proposed for conveyance to the city shall: 1) be of a type which is capable of ready conversion for municipal purposes from an existing city supply source (i.e., domestic well, natural flow right); 2) have received approval by the state engineer of a change application permitting the use of the water for municipal sources; and 3) the owner thereof shall have executed a warranty deed and certificate of title search to the city providing for the actual conveyance of the water right to the city at the time of final plat approval.


D. Water Rights Conveyance Classified As Project Improvement: For purposes of compliance with the terms of the Utah impact fee act, the conveyance of the water right shall be construed as a project improvement.


E. Acceptance Of Cash In Lieu Of Water Rights: The city may at its discretion, accept cash in lieu of water rights at any time, based on competent engineering advice, and the city has deeded water rights in its name properly permitted for municipal use, in excess of the quantity required to meet the "peak day demand and average yearly demand" of the current connections plus platted lots, as defined in the Utah administrative code R309-510-7. The amount of cash in lieu shall be based on the water quantity per lot shown in the water rights table in the "Elk Ridge City Development And Construction Standards Manual", or as determined under special case calculations, multiplied by the current fair market value of the water right. Fair market value shall be set by the city council after periodic review and shall be based on comparable market values of water rights of similar type and quality. (Ord. 06-8, 5-9-2006, eff. 5-29-2006)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230235
10-12-33: CONDITIONAL USE PERMITS:linklink


A. Purpose: Uses designated as conditional uses require special consideration from the planning commission. These uses may or may not be appropriate for a specific piece of property. The purpose of this section is to allow the planning commission to evaluate the appropriateness of designated conditional uses on a case by case basis. The conditional use permit procedure allows the planning commission to approve, deny or conditionally approve any request for a conditional use permit.


B. Permit Required: No person or entity shall operate or conduct a use designated as a conditional use within the applicable zone without first obtaining a conditional use permit from the city.


C. Procedure For Approval: The applicant for a conditional use permit shall submit a completed application form and a site plan with sufficient information to allow the planning commission to make a well informed decision. The applicant shall also pay a fee in an amount established by resolution of the city council with the application. (Ord. 01-6-26-12, 6-26-2001, eff. 6-26-2001)


D. Notice: Notification shall be performed by the applicant in conformance with the terms of section 10-12-37 of this chapter.


E. Planning Commission Review: Planning commission review shall be performed by the applicant in conformance with the terms of section 10-12-37 of this chapter.


F. Criteria And Factors To Be Considered: The following factors shall be weighed and considered when determining whether a conditional use permit application should be approved, approved with conditions or denied:

1. Harmony of the request with the general objectives of the general plan, the zoning ordinance, the subdivision ordinance, any other city ordinance and/or master plan and the particular zone in which the request is located. (Ord. 04-6, 7-13-2004, eff. 8-13-2004)

2. Harmony of the request with existing uses in the neighborhood.

3. Development or lack of development adjacent to the site.

4. Whether or not the request may be injurious to potential development in the vicinity.

5. Present and future requirements for transportation, traffic, water, sewer and other utilities.

6. Suitability of the specific property for the proposed use.

7. Number of other similar conditional uses in the area and the public need for the conditional use.

8. Economic impact on the neighborhood.

9. Aesthetic impact on the neighborhood.

10. Safeguards to prevent noxious or offensive omissions such as noise, glare, dust, pollutants and odor.

11. Attempts by the applicant to minimize other adverse effects on people and property in the area.

12. Impact of the proposed use on the health, safety and welfare of the city, the area, and persons owning or leasing property in the area. (Ord. 01-6-26-12, 6-26-2001, eff. 6-26-2001)


G. Duration: Unless otherwise specified by the planning commission, and subject to the provisions of this section relating to the amendment or revocation of a conditional use permit, a conditional use permit shall run with the land and be valid until such use expressed in the conditional use permit changes or is abandoned for a period of six (6) months or more. The planning commission may grant a conditional use permit for a limited period of time if it finds that a limited permit is reasonable to protect the health, safety, or welfare of the community or to ensure compliance with the terms of permit approval. (Ord. 04-6, 7-13-2004, eff. 8-13-2004)


H. Fees: Fees shall be established from time to time by the city council by resolution, and shall be assessed as a condition of the submission of any conditional use permit application. Conditional use permit fees are nonrefundable. (Ord. 01-6-26-12, 6-26-2001, eff. 6-26-2001)


I. Other Requirements: An applicant or user of a conditional use permit shall be held to all of the requirements relating to site plan approval, improvements, bonding, maintenance and completion. The conditional use permit shall not be valid until a bond guaranteeing all required and proposed improvements has been posted. Bonding is not required for permitting of hobby animals unless the conditional use permit also includes physical improvements such as: the installation of new utility services, off site construction encroachment, or construction typically requiring a building permit. Nothing in this section shall be interpreted to waive the bonding, licensing or permit requirements set forth in other city ordinances. (Ord. 14-6, 10-14-2014)


J. Appeals: Any person aggrieved by or affected by any decision of the planning commission may appeal the decision to the city council. Any person aggrieved by or affected by any decision of the appeal by the city council may appeal the decision to the appeal authority, subject to the provisions of the Utah state code, section 10-9-704. (Ord. 04-6, 7-13-2004, eff. 8-13-2004; amd. Ord. 07-7, 4-24-2007)


K. Implementation: A conditional use permit shall expire and become null and void if the permit has not been implemented by the recipient within one year of the date of approval. The permit shall be considered implemented if the recipient either engages or participates in the conditional use or completes substantial construction on the project for which the permit was granted.


L. Amendment Or Revocation: Any interested party may apply to the city for the amendment or revocation of a conditional use permit. Any person or entity, other than the city, seeking to amend or revoke a conditional use permit, shall pay a fee in an amount established by resolution of the city council. For purposes of this section, "any interested party" shall include the following persons or entities:

1. The owner or lessee of the property for which the conditional use was granted.

2. The city.

3. Any owner or lessee of property that lies within two hundred feet (200') of the property for which the conditional use permit was granted.

4. Any person that can show that the conditional use has a direct impact upon his or her health, safety or welfare.


M. Procedure For Amendment Or Revoking Of Permit: The procedure for amending or revoking a conditional use permit shall be the same as the original application procedure set forth in this section. A conditional use permit may be amended at the request of the holder of the permit upon showing of good cause. A conditional use permit may be amended or revoked at the request of any other interested party if the planning commission finds one or more of the following:

1. The conditional use permit was obtained by misrepresentation or fraud.

2. The use for which the permit was granted has ceased or has been suspended for six (6) months.

3. The holder or user of the conditional use permit has failed to comply with any of the conditions placed on the issuance of the permit.

4. The holder or user of permit has failed to comply with any city regulation governing the conduct of the use.

5. The holder or user of the conditional use permit has failed to construct or maintain the approved site as shown on the approved site plan.

6. The operation of the use or the character of the site has been found to be a nuisance or a public nuisance by a court of competent jurisdiction in any civil or criminal proceeding.


N. Revocation: No conditional use permit shall be amended or revoked against the wishes of the applicant for the permit without first giving the applicant an opportunity to appear before the city council and show cause as to why the permit should not be amended or revoked. Amendment or revocation of the permit shall not limit the city's ability to initiate or complete other legal proceedings against the holder or user of the permit.


O. Violation: A violation of any terms of this section or any conditions imposed as part of a conditional use permit shall be unlawful, and may be remedied or punished as allowed by law. (Ord. 01-6-26-12, 6-26-2001, eff. 6-26-2001)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230236
10-12-34: DEVELOPMENT OF SLOPED LAND:linklink

No property of thirty percent (30%) or more slope shall be incorporated as part of the designated building area of any building lot. All development on land of twenty percent (20%) or more slope shall be designed and stamped by a licensed engineer prior to submitting plans to any city body or official for review. (Ord. 01-12-11-21, 2-11-2001, eff. 1-11-2002)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230237
10-12-35: LOT ORIENTATION:linklink


A. Corner Lots: For all existing, undeveloped corner lot properties not to be subdivided, vehicular access and egress routes, upon development, shall be oriented toward a street of minor collector class or lower. In addition, the following shall apply:

1. In the instance that such a property abuts two (2) streets of minor collector class or lower, the access and egress routes shall be oriented toward the street of lowest classification.

2. In the instance that such a property abuts two (2) streets of major collector class or higher, the access and egress routes shall be oriented toward the street of lowest classification. In addition, one of the following shall be installed as a part of the access or egress route:

a. Circular driveway.

b. Hammerhead driveway.

3. When access or egress onto the street of lesser classification is thought to be inconsistent with the planned development for the property, the applicant may petition the planning commission requesting access or egress onto the street of higher classification. (Ord. 02-4-9-7, 4-9-2002, eff. 4-25-2002)

4. Upon a decision being rendered by the planning commission, the applicant may petition the city council for review of the planning commission's decision. Upon a decision being rendered by the city council, an applicant feeling aggrieved by said decision may appeal to the appeal authority as stipulated in Utah Code Annotated section 10-9-704. (Ord. 02-4-9-7, 4-9-2002, eff. 4-25-2002; amd. Ord. 07-7, 4-24-2007)


B. Interior Lots: For all existing, undeveloped interior lot properties not to be subdivided where the property has frontage on a street of major collector class or higher, vehicular access and egress routes, upon development, shall be provided in one of the following manners in order to allow for safe access onto a major collector class, or higher, street, without doing so with a vehicle moving in reverse:

1. Circular driveway.

2. Hammerhead driveway. (Ord. 02-4-9-7, 4-9-2002, eff. 4-25-2002)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230238

The section below has been affected by a recently passed ordinance, 19-03 - LANDSCAPING REQUIREMENT. Go to new ordinance.

10-12-36: LANDSCAPING REQUIREMENTS; RESIDENTIAL AND COMMERCIAL:linklink


A. Purpose: The purpose of this chapter is to promote the health, safety, and general welfare of the public and to enhance the aesthetic features of the city; to protect property values, trap and filter dust and pollutants, reduce soil erosion, protect and conserve city water supplies; and to facilitate the orderly development of an attractive and harmonious community.


B. Definitions: As applied to this chapter:

FRONT YARD: A yard extending across the full width of the lot, between the front lot line and the front wall plane of the main building.

PLANTER STRIP: The area between the street and the sidewalk.

REAR YARD: A yard extending across the full width of the lot, between the rear lot line and the rear wall plane of the main building.

SIDE YARD: A yard extending from the side lot line to the side wall plane of the main building, and extending from the front wall plane to the rear wall plane of the building.

SIDE YARD - CORNER LOT: A yard extending from the front lot line to the rear lot line, between the side lot line and the side wall plane of the main building.

STREET TREES: Trees located in a planter strip.

XERISCAPE: Reduced water usage landscape achieved using good planning and design, limited turf areas, soil improvements, efficient irrigation, mulching, low water use plants, and appropriate trees, shrubs, and ground cover. Failure of an owner to install and maintain landscaping within the front yard under the guise that the vegetation and bare ground that occur naturally on the site constitutes xeriscaping shall not qualify as conforming to the provisions of this section.





C. Single-Family:

1. All single-family residential lots shall have the front yard, side yard - corner lot, or side yard in front of a sight obscuring fence, and park strips landscaped within one year of receiving a certificate of occupancy. The applicant shall be responsible for the landscaping.

2. Required landscaping may be comprised of grass with an irrigation system, trees, bushes, xeriscape improvements, other manicured vegetative ground cover, or a combination of them.

a. Water is a precious commodity that should be protected and conserved. An irrigation system connected to the Elk Ridge City water system shall include the installation of a backflow prevention device (specifically an RPZ valve), a pressure reducing valve (PRV), a rain or soil moisture sensor, low loss heads and/or drip systems as applicable, and an automatic drain system.

3. In order to ensure landscaping requirements are met, Elk Ridge City shall require applicants to provide a deposit with the construction of new homes. The deposit amount is set and may be adjusted from time to time by the city council. The deposit will be returned to the property owner when the required landscaping has been installed. In the event that the required landscaping has not been installed within three (3) years after the certificate of occupancy has been issued, the deposit is forfeited to the city.


D. Multiple-Family Dwellings, Planned Unit Developments, Senior Housing Overlay Zones, Hillside Cluster Overlay Zones, Hillside Residential 1 Zones, Critical Environmental Zones, And Commercial Zones:

1. A development with common areas shall have a landscaping plan shown as part of the preliminary application package.

2. A landscaping plan shall be designed, drawn, and certified by a licensed landscape architect and submitted to the Elk Ridge City planning commission for their approval. The plan shall show street trees, planting materials, irrigation, water runoff controls and containment, structural features, playgrounds, sport fields, building locations, and hard surfaces (streets, driveways, sidewalks, trails, etc.). It shall also show grading with contours and spot elevations before construction and anticipated contours and elevations after completion.

3. A cash bond of one hundred percent (100%) of the estimated landscaping costs of the common area(s) shall be posted prior to the recording whether the landscaped area is proposed to be in city ownership or in a private homeowners' association. Once the city building inspector inspects any irrigation systems connected to the city water system and verifies the landscaping work for all phases is completed, the cash bond shall be returned to the cash bond holder.


E. Zones With Animal Rights:

1. Properties within zones that have animal rights may use the property for raising of livestock and for other agriculture uses. This may include the use of corrals, pastures, coops, barns, barnyards, feed storage, and the like.

2. Corrals and pasture are permitted in the front yard except corrals and pasture are not allowed in the planter strip area. Approval by the Elk Ridge City planning commission is required for corrals or pasture in the front yard. Coops, barns, barnyards, feed storage, hay bales, loading chutes, water storage tanks, and the like, shall not be located in the front yard. Corrals, pastures, coops, barns, barnyards, feed storage, hay bales, loading chutes, water storage tanks, and the like, located in the front yard and existing prior to the effective date of this paragraph, shall be grandfathered.

3. Weed control must be maintained in corral, pasture, coop, barn, and barnyard areas. Noxious weeds and native grasses shall be kept less than four inches (4") tall within thirty feet (30') of a structure. Noxious weeds shall be kept less than twelve inches (12") tall for all other areas.


F. Street Trees: Trees greatly enhance the aesthetic features of the city. Tree lined streets increase property values, reduce summertime temperatures, extend pavement life, improve air quality, protect from solar glare, reduce UV rays, reduce stormwater runoff, and reduce noise. To promote these benefits the city has adopted a tree lined street ordinance.

1. New Construction And New Developments: Each lot shall have two (2) trees in a planter strip. If the lot is a corner lot, there shall be two (2) additional trees in the planter strip of the side yard for a total of four (4) trees on corner lots. The required sight distance at intersections shall be maintained in accordance with section 10-12-9 of this chapter.

2. Single-Family New Construction: Street trees will have a trunk caliper of one and one-half inches (11/2"). The applicant shall be responsible for the installation of the required street trees.

3. Multiple-Family Dwellings, Planned Unit Developments, Senior Housing Overlay Zones, Hillside Cluster Overlay Zones, Hillside Residential 1 Zones, Critical Environmental Zones, And Commercial Zones New Construction: Street trees shall have a trunk caliper of two inches (2"). The applicant shall be responsible for the installation of the required street trees.

4. Automatic Watering: The applicant shall provide the street trees with an adequate automatic watering system.

5. Tree Variety: At the time a development is constructed each street should have the same type of tree planted along that street within the planter strip. The type of tree should vary from one named street to the next. A variety of trees from street to street in a development discourages disease and is encouraged.

6. Spacing: Lots with considerable frontage shall have a maximum tree spacing of fifty feet (50').

7. Approved Trees: The following trees are approved to be planted within the planter strip area between the sidewalk and the street: Norway maple, honey locust, summit ash, little leaf linden, green spire linden, autumn purple ash, or others as approved by the city tree committee.


G. Landscape Maintenance:

1. Landscaped areas shall be maintained in a neat, clean, and orderly condition. This is meant to include proper pruning, lawn mowing, weeding, removing of litter, fertilizing, replacing of dead plants, and regular watering of all landscaped areas.

2. Maintenance of street trees in the planter strip shall be performed by the adjacent property owner.

3. Newly developed landscaped areas shall be maintained with an automatic sprinkler system or other appropriate irrigation systems.

4. All landscaping and/or nonlandscaped rear yards will be kept free from noxious weeds and other nonnative volunteer plants that have the potential to spread, by either growth or seed, beyond the containing yard or common area. For fire safety, noxious weeds and native grasses shall be kept less than four inches (4") tall within thirty feet (30') of a structure. Noxious weeds shall be kept less than twelve inches (12") tall for all other areas and not allow to reseed.


H. Landscaping Hazards: Landscaping shall be maintained to prevent property damage to sidewalks, roads, trails, or other public improvements and to avoid public safety hazards. This may include the removal/replacement of dead or decaying plant material and removal of low hanging branches obstructing sidewalks and traffic sight distance requirements. In the event a tree, shrub, or other plant causes damage to streets, sidewalks, trails, or other public improvements, the city may order the removal of the offending vegetation and/or other landscape features and may require the repair or replacement of the damaged city property at the landowner's expense. (Ord. 16-1, 5-24-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230239

The section below has been affected by a recently passed ordinance, 19-01 - CONDITIONAL USE PERMITS . Go to new ordinance.

10-12-37: APPROVAL PROCESSES AND REQUIREMENTS:linklink


A. Intent And Purpose: It is the intent and purpose of this section to develop and establish approval processes by which all new developments and project proposals are approved within Elk Ridge City. It is also the intent of this section to promote orderly growth and development within Elk Ridge City. (Ord. 04-6, 7-13-2004, eff. 8-13-2004)


B. General Provisions:

1. Projects That Necessitate Such Action: All proposed development projects within the city shall adhere to the regulations and requirements of this section with the exception of the construction of signs and those projects which require only a building permit. Planned mountain home developments, planned unit developments, and all other similar development types are also required to follow the provisions set forth herein, as applicable. (Ord. 04-6, 7-13-2004, eff. 8-13-2004; amd. Ord. 08-4, 2-26-2008)

2. Reviewing Bodies:

a. City Council: The city council is a body of elected officials, as provided in the city code, who shall review proposed developments as provided in this section.

b. Planning Commission: The planning commission is a body of appointed officials, as provided in the city code, who shall review proposed developments as provided in this section.

c. Technical Review Committee: The technical review committee shall be composed of city staff, elected officials, and others, as determined by the city. The technical review committee shall review proposed developments, as provided in this section and the city code.

3. Process: The process by which proposed projects shall be approved shall be in accordance with this section, and in harmony with this development code, building and construction standards, and the Elk Ridge City general plan and appropriate master plans.

4. Simultaneous Approvals: Any development requiring annexation and development approval may receive preliminary approval from the planning commission and city council along with final annexation approval subject to the following:

a. No project shall receive preliminary development approval before receiving final annexation approval;

b. No proposed project shall submit final plans or have final plans reviewed by any city body until any and all annexation approval has been granted and preliminary approval has been given by the city council;

c. Planning commission or city council approval of an annexation proposal does not equate to preliminary project approval for any such development unless specifically stated by motion of the reviewing body; and

d. It shall be the responsibility of the applicant to submit preliminary plans to be reviewed simultaneously with an annexation proposal including, but not limited to, the payment of all nonrefundable application fees.

5. Scheduling: No reviewing body shall review any application within four (4) calendar days of another reviewing body's review of the same application. Furthermore, no project shall receive any preliminary or final approval from any city body, except as explicitly outlined in this section or without proper review as part of an adequately noticed agenda as per the Utah state code.

6. Fees: All required development application, review and processing fees, as outlined in this section, shall be established by resolution of the city council.

7. Plan Submittal Deadlines: All project submittals to be reviewed by any reviewing body must be submitted in whole, as described herein, according to the following deadline schedule:

a. City Council: In order to be eligible to be placed on a city council agenda following the receipt of a planning commission recommendation, a complete submittal, including all required plans, application forms, and fees must be submitted to the Elk Ridge City recorder by the end of business hours on the Thursday before the meeting in question.

b. Planning Commission: In order to be eligible to be placed on a planning commission agenda, a complete submittal, including all required plans, application forms, and fees must be submitted to the Elk Ridge City planning department by the end of business hours on Thursday, one week before the meeting in question.

c. Technical Review Committee: In order to be eligible to be placed on a technical review committee agenda, a complete submittal, including all required plans, application forms, and fees must be submitted to the Elk Ridge City office by the end of business hours on Thursday, one week before the meeting in question.

d. Holidays: In the event that a submittal deadline date, as determined in this section, falls on a city observed holiday, the deadline submittal date shall be determined to be the last regular workday before the city observed holiday.

8. Notice: All agendas for meetings of any city reviewing body shall be noticed in accordance with the Utah state code.

9. Conditional Uses: All proposed projects containing a conditional use, as provided for in this development code, shall receive conditional use approval by the planning commission prior to any development review submittal.

10. Public Hearings: All public hearings shall be held in accordance with the provisions of the Utah state code.

11. Development Requirements: The development plan checklists detail the requirements of a complete submittal of plans. All submittals requiring staff review shall be required to have no more than two (2) checklist items absent or obviously out of compliance from the combined total of all plans in order to be accepted as a complete submittal. Checklists for all development and review types shall be made available in the Elk Ridge City office.


C. Annexations: All proposed annexations shall conform to the process depicted in exhibit A located at the end of this section and those outlined in the Utah state code.


D. Subdivisions:

1. Projects That Apply: All residential subdivision projects resulting in three (3) or more lots shall be required to conform to the provisions set forth herein. Developments consisting of a division of a single, large lot which results in a total of two (2) lots shall adhere to the provisions set forth in subsection D4 of this section.

2. Subdivision Approval Process: Proposed subdivision proposals shall conform to the review processes depicted in exhibits B and C located at the end of this section.

3. Notification To Public Utility Companies: At least fourteen (14) days prior to planning commission preliminary review of any proposed subdivision, the subdivider shall provide the city with a notification packet as proof that notice of the proposed subdivision has been issued to each public utility company. The city may, at its discretion, maintain the contact information of the necessary utility companies, although it shall remain the sole responsibility of the subdivider to ensure that all public utility companies have been properly notified. The notification packet shall be in accordance with the following:

a. A copy of the signed notification letter sent to the utility companies including any and all maps and attachments and at least the following:

(1) The date of the notice;

(2) The exact time, location and place of the planning commission's preliminary review of the proposed subdivision, as determined and scheduled by the city;

(3) That the utility company has the right to be present at each review of the proposal, or provide input by other means, in order to express any comments or concerns they may have regarding the proposed subdivision;

(4) The approximate address of the property on which the proposed subdivision would occur;

(5) A detailed description of the proposal including copies of maps, plans or graphics;

(6) A description of the requirement for notification;

(7) The zoning of the property on which the proposed subdivision would occur;

(8) A statement declaring the planning commission's preliminary review is to be the first in a series of reviews of the proposed subdivision;

(9) Contact information for the applicant and the city; and

(10) The signature of the applicant;

b. A complete list of names and addresses of the utility companies to which the notices have been sent, including the individual of attention; and

c. Photocopy(ies) of all receipts from an office of the United States post office which clearly displays at least the following:

(1) The stamped date of mailing through U.S. certified mail; and

(2) The names and addresses of each intended recipient, as displayed on the notification list.

4. Division Of Large Lots (Single Lot Splits): Residential developments consisting solely of the division of a single, large lot which results in no more than two (2) total lots shall be determined to be a single lot split and shall be reviewed in accordance with the following:

a. Application Requirements: Submission materials and accompanying maps and drawings shall conform to the requirements of a final subdivision plat submittal. In addition, the applicant shall be responsible for the payment of fees for the submittal as established in the Elk Ridge City fee schedule.

b. Technical Review Committee Review: Prior to review by the planning commission, applications for a single lot split shall be subject to the review and approval of the technical review committee to ensure that the application materials and accompanying maps and drawings conform to the requirements of this title, construction standards, and any other applicable city or state requirements.

c. Planning Commission Review: After proper review by and recommendation from the technical review committee, the planning commission shall review all such submittals for compliance with this title, general plan, and all applicable master plans of Elk Ridge City. Following adequate and sufficient review, the planning commission shall recommend the application for approval, approval with conditions or denial to the city council. (Ord. 04-6, 7-13-2004, eff. 8-13-2004)

d. City Council Review: Upon receipt of a recommendation from the planning commission, the city council shall review such applications for compliance with the general plan and the health, safety, and general welfare of the citizens of Elk Ridge. Following review of such applications, the city council shall render a decision of approval, approval with conditions or denial for the application within a reasonable time period. Any party aggrieved by the decision of the city council may file a written appeal of the decision with the appeal authority within thirty (30) days of the decision. (Ord. 04-6, 7-13-2004, eff. 8-13-2004; amd Ord. 07-7, 4-24-2007)

e. Recording: After receiving all required approvals, the applicant shall prepare a plat of the lot split with any and all conditions of approval to be recorded in the office of the Utah County recorder. Said plat shall first be submitted to the city office for the necessary stamps and signatures of city officials. Once completed and properly stamped and signed, it shall be the sole responsibility of the applicant to pick up the plat from the city office and submit said plat, including the payment of all required recording fees, to the office of the Utah County recorder. (Ord. 04-6, 7-13-2004, eff. 8-13-2004)


E. Plat Vacation:

1. Planning Commission Recommendation Required: Prior to any city council review, with or without a petition, of a proposed vacation, alteration, or amendment of a subdivision plat, any portion of a subdivision plat, or any street, lot, or alley contained in a subdivision plat, the proposal shall be referred to the planning commission for its recommendation. The planning commission shall hold a public hearing, following appropriate public notice, and shall give its recommendation to the city council with regard to the proposal within thirty (30) days after the proposed vacation, alteration, or amendment is referred to it. The city council shall issue a decision regarding the proposal.

2. File Petition: Any citizen wishing to vacate, alter, or amend a subdivision plat may file a petition to do so with the planning commission and the planning commission shall then hold a public hearing. The city council shall issue a decision regarding the proposal within forty five (45) days after receipt of a recommendation from the planning commission regarding the petition.

3. Petition Contents: A petition to vacate, alter, or amend a subdivision plat, any portion of a subdivision plat, or a street, lot, or alley contained in a subdivision plat shall include:

a. The name and address of all owners of record of real property contained in the entire plat;

b. The name and address of all owners of record of real property located within four hundred feet (400') of any street that is proposed to be vacated, altered, or amended; and

c. The signature of each property owner who consents to the petition.

4. Public Hearing: When the city council proposes to vacate, alter, or amend a subdivision plat, any portion of a subdivision plat, or a street, lot, or alley contained in a subdivision plat, they shall consider the recommendation of the planning commission given following a public hearing after giving the notice required by this chapter. (Ord. 06-7, 4-25-2006, eff. 5-16-2006)

5. Notice Of Hearing For Plat Change:

a. The applicant shall notify each owner of real property located within three hundred feet (300') of the property that is the subject of the proposed plat change, addressed to the owner's mailing address appearing on the most recent assessment rolls of the Utah County assessor.

b. The notice shall include the date, place, and time when the hearing will be held to consider such proposed plat change, as well as a description of the desired change.

c. If the proposed change involves the vacation, alteration, or amendment of a street, the city council shall also cause notice of the date, place, and time of the hearing regarding the matter to be given by publishing the notice for at least four (4) consecutive weeks prior to such hearing in a newspaper of general circulation in the city and posting a notice in three (3) public places in the city for at least four (4) consecutive weeks prior to such hearing.

6. Grounds For Vacating Or Changing A Plat:

a. Within thirty (30) days after the public hearing required by this chapter, the city council shall consider the petition.

b. If the city council is satisfied that neither the public nor any person will be materially injured by the proposed vacation, alteration, or amendment, and that there is good cause for the vacation, alteration, or amendment, then the city council may take action to vacate, alter or amend the plat, any portion of the plat, or any street or lot.

c. The city council may ensure that the vacation, alteration, or amendment is recorded in the office of the Utah County recorder, as applicable.

d. Any aggrieved party may appeal to a court of competent jurisdiction as detailed within Utah state code section 10-9-1001. (Ord. 04-6, 7-13-2004, eff. 8-13-2004)


F. Lot Line Adjustments: Petitions to adjust lot lines between adjacent properties, whether or not in a recorded subdivision, shall be reviewed in accordance with the following:

1. Application Requirements: Submission materials and accompanying maps and drawings shall conform to the requirements of a final subdivision plat submittal. In addition, the applicant shall be responsible for the payment of fees for the submittal as established in the Elk Ridge City fee schedule.

2. Technical Review Committee Review: Prior to review by the planning commission, applications for a lot line adjustment shall be subject to the review and approval of the technical review committee to ensure that the application materials and accompanying maps and drawings conform to the requirements of this title, and construction standards. The technical review committee shall also ensure that the application is in complete compliance with the following:

a. No new dwelling lot or housing unit results from the lot line adjustment;

b. The adjoining property owners consent to the lot line adjustment;

c. The lot line adjustment does not result in remnant land that did not previously exist;

d. The adjustment does not result in violation of the city code;

e. The proposal has been reviewed and/or approved by all appropriate utility companies, as determined by the zoning administrator, to ensure the integrity of a public utility easement; and

f. Any and all other provisions of the Utah state code.

3. Planning Commission Review: After proper review by and recommendation from the technical review committee, the planning commission shall review all such submittals for compliance with this title, general plan, and all applicable master plans of Elk Ridge City. Following adequate and sufficient review, the planning commission shall recommend the application for approval, approval with conditions or denial to the city council. (Ord. 06-3, 1-10-2006, eff. 2-10-2006)

4. City Council Review: Upon receipt of a recommendation from the planning commission, the city council shall review such applications for compliance with the general plan and the health, safety, and general welfare of the citizens of Elk Ridge. Following review of such applications, the city council shall render a decision of approval, approval with conditions or denial for the application within a reasonable time period. Any party aggrieved by the decision of the city council may file a written appeal of the decision with the appeal authority within thirty (30) days of the decision. (Ord. 06-3, 1-10-2006, eff. 2-10-2006; amd. Ord. 07-7, 4-24-2007)

5. Recording: After receiving all required approvals, the applicant shall prepare a plat of the lot line adjustment with any and all conditions of approval to be recorded in the office of the Utah County recorder. Said plat shall first be submitted to the city office for the necessary stamps and signatures of city officials. Once completed and properly stamped and signed, it shall be the sole responsibility of the applicant to pick up the plat from the city office and submit said plat, including the payment of all required recording fees, to the office of the Utah County recorder. (Ord. 06-3, 1-10-2006, eff. 2-10-2006)


G. Commercial Site Plans:

1. Projects That Apply: Site plan review shall be required of all new and expanding commercial development projects in accordance with this section. Development shall occur according to the following standards and requirements.

2. Plan Reviews: Site plan reviews must be completed prior to an application for a building permit.

3. Submission Requirements: The following items shall be submitted for design review of all commercial site plan proposals:

a. Five (5) twenty four inch by thirty six inch (24" x 36") sets of the site plan;

b. Eight (8) eleven inch by seventeen inch (11" x 17") sets of the site plan; and

c. Application fees, as determined in the Elk Ridge City fee schedule.

4. Site Plan Requirements: The following shall be included on site plan drawings (as they apply):

a. A vicinity map accurately locating the property within the city;

b. The names and addresses of property owner(s), the developer, and the surveyor and/or engineer;

c. Adjacent property lines and names of property owners;

d. Boundary lines of the site and sufficient information to define their location, length, and bearing;

e. Dimensions and square footage of the site;

f. Names and locations of adjacent streets;

g. Locations and dimensions of existing and proposed on and off site improvements, showing and including the following information:

(1) Buildings, including a notation as to whether they will remain, be modified, or be demolished and showing their finished floor elevations;

(2) Building elevation showing dimensions and materials present or proposed;

(3) Vehicular accesses and egresses;

(4) Parking facilities showing the dimensions of stalls and aisles, the number of stalls present and proposed, compliance with ADA requirements and this development code, and surfacing type;

(5) Spot elevations on the asphalt surface, as will be needed for construction, showing the direction and magnitude of slopes;

(6) Curb and gutter with spot elevations and slopes in plan view;

(7) Sidewalk location, width, and spot elevations in plan view;

(8) The location, size, and elevations of storm water detention areas, locations, sizes, flow line, and grate elevations of storm water improvements, the locations, sizes, types, lengths, slopes, and flow line elevations of storm water pipes, the maximum water surface contour in detention areas, and details of any special structures, including outlet control structures such as orifice plates;

(9) The locations and sizes of existing and proposed utility mains and laterals;

(10) The location of fire hydrants with valves to be placed at the main line connection, subject to fire department approval;

(11) The location and size of water meters which are to be placed behind sidewalk or curb, as applicable, with vaults being required when the meter is in asphalt or concrete;

(12) Backflow prevention devices;

(13) Pressure reducing valves;

(14) Landscaping, showing compliance with all applicable city landscaping ordinances and regulations, and details on specific types and locations of landscaping features, including materials to be used;

(15) Detailed description and design of the irrigation system to be used for landscaping purposes;

(16) The location, heights, and type of materials used for fencing (a 6 foot masonry fence may be required when commercial development is adjacent to a residential zone or use);

(17) The locations, sizes, and descriptions of signs;

(18) The size, direction of flow, and any proposed changes to irrigation ditches;

(19) The location of solid waste disposal dumpsters and details of the required sight obscuring enclosure;

(20) Loading and unloading areas for products to be used or sold in the development;

(21) Floor drains within buildings or a note on the plans indicating that there will be no floor drains;

(22) The location, size, and elevation of manholes; and

(23) The location, nature and detail drawings of any grease traps.

h. Tabulations showing square footage of the following:

(1) The total site;

(2) Landscaping;

(3) Impervious and other hard surfaced areas;

(4) Undeveloped area, if applicable; and

(5) Footprint area of all proposed and/or remaining buildings.

i. Existing contours at two foot (2') intervals in areas of slope less than thirty percent (30%), and at ten foot (10') intervals in areas of slope greater than thirty percent (30%);

j. Proposed finished grade contours at two foot (2') intervals;

k. The location of any areas of potential flood hazard within the site or within three hundred feet (300') of the site;

l. Storm drainage calculations, as applicable, including:

(1) Hydrologic calculations showing peak flow calculations for the site with all input data, calculations, and results being submitted;

(2) Hydrologic calculations and capacity calculations for each segment of the system; and

(3) Detention calculations, including:

(A) An analysis of the detention volume requirements that identifies the storm whose duration creates the greatest detention volume requirement, given storm duration, stage storage curve, and outlet discharge curve; and

(B) Orifice calculations showing the maximum release rate is not exceeded.

m. Notes on all site plans and site plan amendments addressing at least the following:

(1) The applicant is responsible for compliance with all requirements of the Americans with disabilities act (ADA);

(2) Detailed fire protection plans shall be submitted and approved with the building permit plans;

(3) Additional requirements may be identified during the plan review by the fire department, which may be mandated by the international fire code, or subsequently adopted code;

(4) All landscaped areas shall have an automatic, underground sprinkling system with a backflow prevention device and a backflow prevention device to the building;

(5) All improvements and work to be done on site shall be done in accordance with city standards; and

(6) Water meters are to be located behind the sidewalk or behind the curb in an area that is accessible, not located behind fenced areas, or under covered parking.

5. Approval Process: Site plans, as required by this section, shall be approved according to the process depicted in exhibit D located at the end of this section. The planning commission and/or city council shall have the ability to require any such submittal to conform to the approval process as depicted in exhibits B and/or C located at the end of this section if it finds that:

a. The site includes areas of environmental sensitivity that necessitates extra cautious review;

b. The site contains oddities that may require added or special attention;

c. The site plan is deemed too complex and necessitates additional review time and attention;

d. The review time for the site plan becomes cumbersome;

e. The review of the site plans is contested by one or more citizens of Elk Ridge; or

f. Compliance with the provisions of the application or approval requirements are sufficiently lacking or not met. (Ord. 04-6, 7-13-2004, eff. 8-13-2004)


H. Conditional Uses:

1. Projects That Apply: Any use of land or development proposed which is determined within the city code to be a conditional use shall comply with the requirements of this section prior to seeking any other approval necessary to permit the proposed activity or use.

2. Notification To Property Owners: At least ten (10) days prior to the planning commission meeting at which the permit request will be first considered, the city shall mail notice of the pending review to all adjacent property owners, as they appear on the official current rolls of the Utah County assessor, within three hundred feet (300') of the outermost boundary of the property on which the conditional use is proposed to occur. The notice shall advise the property owner that he or she has the right to be present at the meeting and to express any comments or concerns they may have regarding the proposed conditional use. (Ord. 10-5, 1-26-2010, eff. 2-11-2010)

3. Planning Commission Approval: The planning commission shall be the final approving authority, subject to the right of appeal as detailed elsewhere in this code, for all applications for conditional use permits. The planning commission shall review the proposed conditional use permit application while considering the criteria and factors set forth in this section and subsection 10-12-33F of this chapter. An application for a conditional use permit shall be approved, approved with conditions, or denied. Because every application is unique and different, planning commission review, approval, or denial, for every conditional use permit application shall take into consideration only those facts and information pertaining to the application specifically and may not take into consideration information or base decisions upon other similar projects or uses, or denial thereof, within the city. The validity of the permit shall be conditioned upon strict compliance with applicable city ordinances, the approved site plan, and any additional conditions of approval handed down by the planning commission.


I. Residential Site Plans:

1. Projects That Apply: At any time that a site plan is required within this code for a single lot residential construction, the subject development shall conform to the regulations as stipulated herein.

2. Plan Reviews: Site plan reviews must be completed prior to an application for a building permit.

3. Submission Requirements: The following items shall be submitted for design review of all residential site plan proposals:

a. Five (5) twenty four inch by thirty six inch (24" x 36") sets of the site plan;

b. Eight (8) eleven inch by seventeen inch (11" x 17") sets of the site plan; and

c. Application fees, as determined in the Elk Ridge City fee schedule.

4. Site Plan Requirements: At least the following information shall be included on site plan drawings (as they apply):

a. The name of the property owner and address of the property being depicted, as well as proof of ownership of the property which is to accompany the drawings and not be depicted;

b. The scale at which the site plan is drawn with the scale being of a reasonable, traditional engineering type scale of no greater than one inch to fifty feet (1":50');

c. The date on which the drawings were produced, as well as the date of any subsequent revisions;

d. A north arrow;

e. The name and address of the professional and/or firm producing the plans;

f. A vicinity map showing the location of major streets, city boundaries, and the rough location of the property within the city;

g. The legal description of the property;

h. The size of the property in square feet with lots of greater than one acre showing lot size in acres and square feet;

i. All lot or property lines, including bearing and distance, and the buildable area boundaries;

j. The location and nature of any and all existing and proposed structures to be built or placed on the lot;

k. The location, size, and type of all existing and proposed drives, sidewalks, curb and gutter, curb cuts, signs, parking facilities, recreation areas, common use areas, and areas to be dedicated to the city for public use;

l. The location, dimension, and type of all rights of way, easements, streets, alleys, or roads on or abutting the lot or property;

m. The existing zoning of the property;

n. Contours for the entire lot or property at no more than two foot (2') intervals for areas of less than thirty percent (30%) slope and ten foot (10') intervals for areas of greater than thirty percent (30%) slope;

o. Random natural state spot elevations, in an amount deemed sufficient by the city engineer, with corresponding elevations for finished grade, including spot elevations for finished floor elevation of the main floor of the primary structure;

p. The general location and type of landscaping or vegetation anticipated to be installed, as well as the description and general location of any part of the lot or property to be left native;

q. The location, type, and size of any and all existing, proposed, or anticipated fencing, walls, or retaining walls (all retaining walls are to be engineered as required within the international building code);

r. The location of the nearest fire hydrant to the property and the location of any fire hydrant to be installed as a part of or associated with the development depicted on the site plan;

s. The location, type, and size of any and all existing and proposed utility mains and service laterals, including, but not limited to, water, sewer, natural gas, and electricity, and storm drainage facilities;

t. An original stamp, on each twenty four inch by thirty six inch (24" x 36") drawing of the professional engineer and/or surveyor preparing the site plan; stamps may be photocopies on eleven inch by seventeen inch (11" x 17") drawings;

u. Notes on all site plans and site plan amendments addressing at least the following:

(1) The applicant is responsible for compliance with all requirements of the Americans with disabilities act (ADA);

(2) Detailed fire protection plans shall be submitted and approved with the building permit plans;

(3) Additional requirements may be identified during the plan review by the fire department, which may be mandated by the international fire code, or subsequently adopted code;

(4) All landscaped areas shall have an automatic, underground sprinkling system with a backflow prevention device and a backflow prevention device to the building;

(5) All improvements and work to be done on site shall be done in accordance with city standards; and

(6) Water meters are to be located behind the sidewalk or behind the curb in an area that is accessible, not located behind fenced areas, or under covered parking.

5. Approval Process: Site plans, as required by this section, shall be approved according to the process depicted in exhibit D located at the end of this section. The planning commission and/or city council shall have the ability to require any such submittal to conform to the approval process as depicted in exhibit B located at the end of this section if it finds that:

a. The site includes areas of environmental sensitivity that necessitates extra cautious review;

b. The site contains oddities that may require added or special attention;

c. The site plan is deemed too complex and necessitates additional review time and attention;

d. The review time for the site plan becomes cumbersome;

e. The review of the site plans is contested by one or more citizens of Elk Ridge; or

f. Compliance with the provisions of the application or approval requirements is sufficiently lacking or not met.


J. Building Lots: A lot of record which meets the minimum lot standards for the zoning classification in which it is located and which, according to the records of Elk Ridge City, has not been approved as a building lot may be approved for construction on the site following application to the city council for review. The city council, based on the lot's compliance with the general intent of the city code and evidence of the availability of municipal services to the lot, may approve, approve with conditions, or deny an application for a lot of record to be considered buildable. Nonconforming lots of record shall comply with the terms of section 10-13-8 of this title. Following approval of a buildable lot, the owner of said lot shall be required to fulfill all application, process and fee requirements for any desired construction on the lot. (Ord. 04-6, 7-13-2004, eff. 8-13-2004; amd. Ord. 08-9, 7-8-2008)





(Ord. 04-6, 7-13-2004, eff. 8-13-2004)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230240
10-12-38: FIRE SPRINKLING SYSTEMS REQUIREMENTS:linklink


A. Automatic fire sprinkler systems are required to be installed in any new residential building serviced by the Elk Ridge City water system or, Goosenest Water Company water systems, or within the Elk Ridge City boundaries, if any of the following conditions exist:

1. The structure:

a. Is located in an urban-wildlife interface area as provided in the Utah Wildland Urban Interface Code adopted as a Construction Code under the State Construction Code; and

b. Does not meet the requirements described in Utah Code, subsection 65A-8-203(4)(a) and Utah Administrative Code, R652-122-200, Minimum Standards for Wildland Fire Ordinance;

2. The structure is in an area where a public water distribution system with fire hydrants does not exist as required in Utah Administrative Code R309-550-5, Water Main Design;

3. The only fire apparatus access road has a grade greater than ten percent (10%) for more than five hundred (500) continual feet;

4. The total floor area of all floor levels within the exterior walls of the dwelling unit exceeds ten thousand (10,000) square feet; or

5. The total floor area of all floor levels within the exterior walls of the dwelling unit is double the average of the total floor area of all floor levels of unsprinkled homes in the subdivision that are no larger than ten thousand (10,000) square feet.

This requirement is for new construction of any heated structure or construction that constitutes more than fifty percent (50%) expansion of any dwelling unit and shall include any attached garage. The fire sprinkler system shall comply with the Fire Code and related regulations and the National Fire Protection Association article 13D standards adopted by the City. Sprinklers shall be provided with an exterior inspector's test port that complies with the following specifications or other material approved by the Fire Chief: a wall hydrant that is a Woodford model 65 (exposed type) or B65. (Ord. 17-7, 8-22-2017)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230241
10-12-39: RESIDENTIAL BUILDING HEIGHT:linklink


A. Building Height: The maximum main building height in a residential zone shall be thirty five feet (35'). Building height shall be the vertical height, as measured from the average elevation of the natural grade of the four (4) major corners where the structure is to be located, to the roofline. For a home that steps down a slope, the four (4) major corners of each step of the main structure can be used. If the measurements used for building height are questioned by City staff, the Planning Commission will review and make a determination.


B. Determining Roofline: The roofline of the structure shall be as follows:

1. Flat Roof: The highest of a flat roof or top of any adjacent parapet wall, whichever is higher.

2. Mansard Type Roof: The deck line.

3. Gable, Hip Or Gambrel Roof: The elevation measured at the midpoint between the highest part of the roof ridgeline and the lowest elevation of the eaves of the main roof structure (not including independent, incidental roof structures over porches, garages and similar add on portions of the structure).

4. Individual Heights: For a home that steps down a slope, individual heights for each step of the main structure roofline can be used.


C. Structures Not Calculated In Height: Chimneys, flagpoles, television antennas, satellite dishes, and similar ancillary structures not used for human occupancy shall be excluded in determining height provided that no such structure shall extend over fifteen feet (15') above the building.


D. Building Design On Hillsides: Single-family residences constructed on hillsides should step down the hillside rather than regrading the hillside into a flat site. A simple box form will stand out from the natural, complex undulations of hillsides more than a building form that is broken into smaller elements. A building can be broken up by raising and lowering the roofline, varying the face of the building, adding balconies and overhangs, etc. These elements create shadow patterns that are similar to shadows cast by rocks, trees and cliffs on hillsides and tend to lessen the apparent size of the building.


E. Building With Natural Terrain: To the maximum extent feasible, buildings shall be sited in locations that are sympathetic to existing contours rather than those that require a building solution that would dominate the site. Buildings shall be designed to follow natural contours rather than modifying the land to accept a building design not tailored to the site. Cuts and fills shall be kept to a minimum and be used to allow for proper drainage away from dwellings and neighboring properties.


F. Exception To Building Height/Building With Natural Terrain: The planning commission can grant an exception to the average height and the strict compliance of building with the natural contours if the commission finds the following to apply:

1. The building design is better suited for the site than what can be achieved by strict compliance to these regulations.

2. The topography of the lot presents practical difficulties for construction when the height/cutting and filling/grading limitations are applied.

3. The structure has been designed for the topographic conditions existing on the particular lot.

4. The impact of additional height on neighboring properties has been identified and reasonably mitigated.

5. Additional cuts or fills are needed to allow for development of the lot and are not being used just to achieve a better view.

6. Additional fill is needed due to the location of sewer lines.

7. If the front side of the structure is proposed for additional height, the fire chief shall give approval.


G. Minimum Height: The minimum height of any building shall be not less than eight feet (8') above the natural grade. (Ord. 08-15, 9-23-2008, eff. 9-24-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230242
10-12-40: RESIDENTIAL FACILITIES FOR ELDERLY PERSONS:linklink


A. A residential facility for elderly persons may not operate as a business;


B. A residential facility for elderly persons shall:

1. Be owned by one of the residents or by an immediate family member of one of the residents or be a facility for which the title has been placed in trust for a resident;

2. Be consistent with any existing, applicable land use ordinance affecting the desired location; and

3. Be occupied on a twenty four (24) hour per day basis by eight (8) or fewer elderly persons in a family type arrangement.


C. A residential facility for elderly persons may not be considered a business because a fee is charged for food or for actual and necessary costs of operation and maintenance of the facility. (Ord. 11-04, 4-12-2011, eff. 6-9-2011)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230243
10-12-41: DWELLING SIZE REQUIREMENTS FOR RESIDENTIAL ZONES:linklink


A. All dwellings must provide a minimum finished living space area as outlined in table 1 of this section. For purposes of calculating required finished area, square footage in basements shall not qualify. For multi-story houses, finished area on floors that are at least fifty percent (50%) below the finished grade of the lot shall not count toward the required finished area.

TABLE 1
DWELLING SIZE REQUIREMENTS FOR RESIDENTIAL ZONES

Zone   Minimum Lot
Size  
Rambler   Multi-Story  
No
Basement  
With
Basement  
No
Basement  
With
Basement  
R-1-15,000   15,000 sf   1,800 sf   1,600 sf   2,200 sf   2,000 sf  
R-1-20,000   20,000 sf   2,000 sf   1,800 sf   2,400 sf   2,200 sf  
R-1-12,000   12,000 sf   1,600 sf   1,400 sf   2,000 sf   1,800 sf  
RR-1   20,000 sf   2,000 sf   1,800 sf   2,400 sf   2,200 sf  
R&L-1-20,000   20,000 sf   2,000 sf   1,800 sf   2,400 sf   2,200 sf  
HR-1   40,000 sf   2,500 sf   2,200 sf   2,800 sf   2,400 sf  
CE-2   5 acres   2,000 sf   1,800 sf   2,400 sf   2,200 sf  
Hillside Cluster Overlay   20,000 sf   As approved by City Council   As approved by City Council  
Mountain Home Developments   20,000 sf   As approved by City Council   As approved by City Council  

(Ord. 12-8, 12-11-2012; amd. Ord. 18-1, 1-23-2018)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230244
10-12-42: REASONABLE ACCOMMODATION:linklink


A. Applicability: This section shall apply to those situations where strict adherence to the land use, zoning and building regulations, policies, practices and procedures may create barriers to housing opportunities for persons with a disability or conflict with State and Federal Fair Housing Laws.


B. Legislative Intent: The intent of this section is:

1. To allow persons with disabilities the same rights and privileges to live in the City's residential areas as those persons who are not disabled by providing a secondary review mechanism to allow flexibility in the application of land use, zoning and building regulations, policies, practices and procedures, or even waiving certain requirements, where necessary to eliminate barriers to housing opportunities and comply with Fair Housing Laws; and

2. To outline the processes and procedures for requesting, and review of requests for reasonable accommodation in compliance with State and Federal Fair Housing Laws.


C. Reasonable Accommodation: A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to fair housing opportunities.

1. Application: Any person or entity who wishes to request a reasonable accommodation shall make request to the City Zoning Administrator in writing, and shall provide the following information:

a. The name, mailing address, and phone number of the individual(s) requesting the reasonable accommodation; and

b. The name, mailing address of the property owner(s); and

c. The address of the property for which the request is desired; and

d. A description of the requested accommodation including statement of the regulation(s), policy or procedure for which the accommodation is sought; and

e. The reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.


D. Timing: Requests for reasonable accommodation will be reviewed by the City Zoning Administrator within seven (7) days for completeness. Once the request is deemed complete it will be scheduled on the next open agenda for a regularly scheduled Planning Commission meeting. If the regularly scheduled meeting is scheduled for more than thirty (30) days out, a special Planning Commission meeting will be scheduled to accommodate the request. Once the request is scheduled on the Planning Commission agenda, excepting the Planning Commission or the City Council requires additional information from the individual making the request, that is consistent with the Fair Housing Laws, the City Council shall provide a written decision in thirty (30) days. If additional information is required of the individual making the request, the thirty (30) day period shall be stayed until the next available meeting following the receipt of the requested information.


E. Decision: The request for reasonable accommodation shall be reviewed and recommended by the Planning Commission and approved by the City Council including, but not limited to, consideration of the following criteria:

1. Whether the requested reasonable accommodation is necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling;

2. Whether the requested reasonable accommodation would fundamentally alter the City's land use and zoning regulations or likely create a fundamental change in the character of a residential neighborhood;

3. Whether the requested reasonable accommodation would impose an undue administrative or financial burden on the City.


F. Appeals: If a reasonable accommodation request is denied, the decision may be appealed to the City Appeal Authority which will consider the grounds for the appeal. The appeal must be filed with the City Appeal Authority no more than ten (10) days after the date of the City Council written decision. All appeals shall state the reason for the appeal and provide supporting documentation. The appeal process shall follow the guidelines set in title 2, chapter 2, "Appeal Authority", of the City Code. (Ord. 13-4, 4-9-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1230245
10-12-43: OUTDOOR LIGHTING REQUIREMENTS:linklink


A. Purpose And Intent: The purpose and intent of this section is to protect and preserve the existing dark sky characteristics of Elk Ridge, as provided for in the general plan by:

1. Reducing, eliminating, or preventing light trespass;

2. Reducing, eliminating, or preventing unnecessary or inappropriate outdoor lighting;

3. Reducing, eliminating, or preventing the effects of outdoor lighting on wildlife;

4. Preventing unsightly and unsafe glare;

5. Promoting energy conservation;

6. Maintaining nighttime safety, utility, and security;

7. Encouraging a minimal light footprint of land uses in order to reduce light pollution.


B. General Requirements:

1. Conformance With All Applicable Codes: All outdoor lighting shall be installed in conformance with the provisions of this section, applicable Electrical Codes, and applicable sections of the Building Code.

2. Applicability: Except as described below, all outdoor lighting installed after the effective date of this section, shall comply with these requirements.

The following are not regulated by this section:

a. Lighting for public monuments and statuary.

b. Temporary lighting for theatrical performances, projection screens, performance areas, and construction sites.

c. Underwater lighting used for illumination of swimming pools and decorative water fountains.

d. Temporary lighting and seasonal lighting provided that individual lamps are less than seventy (70) lumens.

e. Emergency lighting used by police, firefighting, medical personnel, and maintenance of utilities and public infrastructure may be used under emergency conditions.

f. Residential construction permitted prior to March 27, 2018.

3. Exceptions: The following shall take precedence over this section:

a. Lighting specifically required by Federal, State, or County laws or regulations.

b. Lighting allowed by special use permit.


C. Residential Lighting: New residential construction shall meet the following requirements:

1. Exterior Lighting: All exterior structure lighting shall be fully shielded either by the design of the light fixture or by the architectural features of the structure.

2. Upward Lighting: Upward lighting illuminating a structure may illuminate the walls and under the eaves but shall not be directed to illuminate beyond the eaves.

3. Eave Lighting: Eave lighting shall be fully shielded and downward directed. Angled eave lighting that directs light beyond the face of the eave is prohibited. Eave lighting shall not create excessive glare due to reflective surfaces on the structure.

4. Flood Lighting: Flood lighting is permitted meeting the following requirements:

a. Shall be downward directed targeting a specific area on the subject property, with no light extending beyond the subject property boundary.

b. Flood lighting luminaires shall be shielded and aimed so that direct glare is not visible from adjacent properties.

c. Flood lighting shall be installed with a motion or vacancy sensor, where lights shut off no more than fifteen (15) minutes after an area is vacated.

5. Landscape Lighting: Landscape lighting is permitted meeting the following requirements:

a. Landscape lighting shall be directed inward, away from the subject property boundary.

b. Landscape lighting of trees, plants, ponds or other ornamental features shall not extend illumination beyond the feature it is intended to illuminate.


D. Public Facilities/Commercial Lighting: All proposed public facilities and commercial development requiring exterior lighting shall submit to the City as part of the design package lighting layout drawings including but not limited to the types of lights proposed with specifications, location of lights including height, and photometric analysis (lighting coverage).

1. Hardscape Lighting: All hardscape areas (parking, corridors, lobbies, etc.) of non-residential properties, common areas associated with residential properties, and public parking facilities shall comply with the following subsections. This section is not applicable to public recreation facilities with hard surfaces.

a. Total Site Lumen Limit: The total installed lumens of all outdoor lighting shall not exceed the total site lumen limit. The total site lumen limit shall not exceed two (2) lumens per square foot. The area is measured by the total outdoor hard surface area that shall be lit. This ratio shall be calculated by combining the total lumen output of each artificial light source divided by the square footage of the parking lot area.

b. Height Of Luminaries: Poles shall be sized in such a manner that the top of the luminary does not exceed fifteen feet (15') above adjacent grade.

c. Light Trespass Standard: All luminaries, including security lighting shall be aimed and shielded so that the direct illumination shall be confined to the property boundaries of the source.

d. Canopy Lighting: All direct artificial light sources shall be sufficiently recessed so as not to project direct light greater than five feet (5') from the outside perimeter of the canopy, and shall not produce more than a ratio of eight (8) lumens per square foot of canopy area. This ratio shall be calculated by combining the total lumen output of each artificial light source and dividing by the square footage of the canopy.

2. Softscape Lighting: All softscape areas (play grounds, yards, open space, etc.) of non-residential properties, common areas associated with residential properties, and public facilities shall comply with the following subsections. For the purpose of this section, trails and sidewalks less than ten feet (10') in width can be considered in the softscaped area. This section is not applicable to public recreation facilities with soft surfaces.

a. Outdoor Luminaries: All outdoor luminaries shall be fully shielded and shall not exceed one thousand six hundred (1,600) lumens.

b. Flood Lighting: Flood lighting is permitted meeting the following requirements:

(1) Flood lighting luminaires shall be shielded and aimed so that direct glare is not visible from adjacent properties.

(2) Flood lighting shall be installed with a motion or vacancy sensor, where lights shut off no more than fifteen (15) minutes after an area is vacated.

c. Landscape Lighting: Landscape lighting is permitted meeting the following requirements:

(1) Low voltage landscape lighting shall not exceed five hundred twenty five (525) lumens.

(2) Landscape lighting of trees, plants, ponds or other ornamental features shall not exceed one thousand six hundred (1,600) lumens and shall not leave trespass beyond the feature it is intended to illuminate.

3. Recreation Facilities: All public recreation facilities shall have an approved lighting design applicable to the type of facility and must comply with the requirements of this section.

a. Lighting must not exceed the limits in subsection E, "Prohibited Lighting", of this section.

b. The lighting shall not exceed a ratio of ten (10) lumens per square foot of recreation activity area. This ratio shall be calculated by combining the total lumen output of each artificial light source divided by the square footage of the recreation activity area. And shall be lit only when the area is in use.

c. The lighting for the recreation activity area shall only be directed onto the area where the recreation activities are occurring. It shall not be allowed to illuminate surfaces that are not essential to the function of the recreation activity.

4. Light Curfew: Except for residential uses, all outdoor lighting shall be turned off by ten o'clock (10:00) P.M., or, if applicable, within one hour after the close of business, whichever is later, except the following:

a. Lighting to illuminate the entrance of the building;

b. Safety lighting of parking lots and pedestrian areas;

c. Lighting necessary for after-hours business.


E. Prohibited Lighting: The following lighting systems are prohibited from being installed or used:

a. Temporary or permanent lighting in which any single luminary exceeds twenty thousand (20,000) initial lumens or the total lighting load exceeds one hundred sixty thousand (160,000) lumens.

b. Aerial lasers.

c. Searchlights.

d. Street lights.


F. Signage Lighting:

1. Lighting Requirements:

a. Externally lit signs shall be illuminated only with steady, stationary, shielded light sources directed solely onto the sign without causing glare.

b. Light bulbs or lighting tubes used for illuminating a sign shall not be visible from adjacent public rights-of-way or residential properties.

c. External illumination for signs shall conform to all provisions of this section.

d. The intensity of sign lighting shall not exceed that necessary to illuminate and make legible a sign from the adjacent travel way or closest right-of-way; and the illumination of a sign shall not be obtrusive to the surrounding area.

e. The fixtures used to illuminate signs shall not be directed toward nearby residential properties.

f. Internally illuminated signs are permitted in certain circumstances as follows:

(1) Individual back-lit letters which are silhouetted against a softly illuminated wall (see illustration 43-1 of this subsection);

ILLUSTRATION 43-1




(2) Individual letters with translucent faces, containing soft lighting elements inside each letter (see illustration 43-2 of this subsection); and

ILLUSTRATION 43-2




(3) Metal-faced box signs with cut-out letters and soft-glow fluorescent tubes (see illustration 43-3 of this subsection).

ILLUSTRATION 43-3




g. Fluorescent lights shall be allowed for indirect illumination when placed in such a manner that the light tubes are not exposed to view from the public right-of-way or sidewalk.

h. A sign may be illuminated during the hours of operation of the facility being identified or advertised or until eleven o'clock (11:00) P.M., whichever is later.

i. Such signs shall provide an automatic timer to comply with the intent of this section.

j. Illumination of off-premises signs is prohibited, except in the case of off-premises kiosks which are subject to the provisions of this Code.

k. Ground-mounted sign lighting is not permitted for freestanding signs on poles, where open space is visible from the bottom of the sign to the ground. The Director may approve ground-mounted lighting for freestanding signs which are constructed in such a way that no open space is visible from the bottom of sign to the ground (such as solid base, landscaping).

l. All ground-mounted lights shall be placed in such a manner that the angle of the lamp shall not be greater than forty five degrees (45°) measured from a horizontal plane to a line projected through the center of the lamp, and fixtures shall be fully shielded to contain and direct the light onto the sign only. All upward-directed sign lighting is prohibited.


G. Definitions:

COMMON AREAS: One or more of the following:

1. A parking lot.

2. Common entrance or public space shared by all occupants of the domiciles.

CURFEW: A time defined by the authority when outdoor lighting is reduced or extinguished.

FULLY SHIELDED: A luminary constructed and installed in such a manner that all light emitted by the luminary, either directly from the lamp or diffusing element, or indirectly by reflection or refraction from any part of the luminary, is projected below the horizontal plane through the luminary's lowest light-emitting part.



GLARE: Lighting entering the eye directly from luminary or indirectly from reflective surfaces that causes visual discomfort or reduced visibility.

HARDSCAPE: Permanent hardscape improvements to the site, including but not limited to, parking lots, drives, entrances, curbs, ramps, stairs, steps, medians, walkways, and non-vegetated landscaping that is greater than ten feet (10') in width. Materials may include concrete, asphalt, stone, gravel, etc.

HARDSCAPE AREA: The area of all hardscape. It is used to calculate the total site lumen limit.

IESNA: Illuminating Engineering Society of North America.

LANDSCAPE LIGHTING: Lighting of trees, shrubs, or other plant material as well as ponds, flagpoles, and other landscape features. Does not include signage.

LIGHT POLLUTION: Any adverse effect of artificial light including but not limited to, glare, light trespass, sky-glow, energy waste, compromised safety and security, and impacts on the nocturnal environment.

LIGHT TRESPASS: Light that falls beyond the property it is intended to illuminate.

LOW VOLTAGE LANDSCAPE LIGHTING: Landscape lighting powered at less than thirty (30) volts and limited to luminaries having a rated initial luminary lumen output of five hundred twenty five (525) lumens or less.

SKYGLOW: The brightening of the nighttime sky that results from scattering and reflection of artificial light by moisture and dust particles in the atmosphere. Skyglow is caused by light directed or reflected upwards or sideways and reduces one's ability to view the night sky.

TEMPORARY LIGHTING: Lighting installed and operated for periods not to exceed sixty (60) days, completely removed and not operated again for at least thirty (30) days.

WATTS TO LUMENS: Incandescent lighting has traditionally been considered in watts, a unit for measure of the power required to provide light. With the advent of LED lighting the industry has moved toward measuring the actual light output. Lumens are a standard unit for measuring light output. The following table provides a conversion to help visualize a rough equivalent of lumens versus watts. Please note as an example that one thousand six hundred (1,600) lumens can be reached as one (1) 100-watt bulb or two (2) 60-watt bulbs. Due to variance in incandescent bulbs four (4) 40-watt bulbs may in some cases equal one thousand six hundred (1,600) lumens. A seventy five (75) watt equivalent bulb may have a range of nine hundred (900) to one thousand two hundred (1,200) lumens.

Watts (Energy Usage)   Lumens (Light Output)  
40   450  
60   800  
75   1,100  
100   1,600  

(Ord. 18-3, 3-27-2018)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19990#s1294587


Footnotes - Click any footnote link to go back to its reference.
Footnote 1: See also title 8, chapter 1 of this code and subsection 10-12-24A of this chapter.
Footnote 2: See also section 8-3-2 of the city code and subsection 10-12-24B of this chapter for distance requirement.
Footnote 3: See also title 8, chapter 1 of this code and subsection 10-12-21A of this chapter.
Footnote 4: See also section 8-3-2 of this code and subsection 10-12-21C of this chapter for distance requirements.