Chapter 8
GENERAL REGULATIONSlinklink

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10-8-1: NONCONFORMING USES, STRUCTURES AND LOTS:
10-8-2: SIGN REGULATIONS:
10-8-3: MANUFACTURED HOUSING:
10-8-4: HOME OCCUPATIONS:
10-8-5: ACCESSORY DWELLING UNITS/AGRICULTURAL EMPLOYEE DWELLING UNITS:
10-8-6: RESIDENTIAL FACILITIES FOR THE ELDERLY OR DISABLED:
10-8-7: CHILD DAYCARE:
10-8-8: SERVICE STATIONS:
10-8-9: DRIVE-IN AND DRIVE-UP WINDOW COMMERCIAL USES:
10-8-10: RECREATIONAL VEHICLE PARKS:
10-8-11: PRESERVATION OF HISTORICALLY SIGNIFICANT STRUCTURES:
10-8-12: VEHICLE CONTROL GATES:
10-8-13: HAZARDOUS LIQUIDS OR MATERIALS TRANSMISSION PIPELINES:
10-8-14: HELICOPTERS/HELIPORTS:
10-8-15: MOBILE FOOD BUSINESSES:
10-8-16: MOBILE FOOD COURTS:

10-8-1: NONCONFORMING USES, STRUCTURES AND LOTS:linklink


A. Purpose: Within the zone districts established in chapter 2 of this title, there may be existing lots, structures and uses of land and structures, which were lawfully established before the adoption of this title, but which are now prohibited, regulated, or restricted. It is the intent of this section to allow these uses and structures to continue until such time as they are removed or otherwise brought into conformance with this title.


B. Burden On Owner To Establish Legality: The property owner bears the burden of establishing that any nonconforming use or nonconforming structure lawfully exists.


C. Enlargement Prohibited: A nonconforming commercial or industrial structure or nonconforming use shall not be enlarged in any way, unless it conforms to the provisions contained in this title.


D. New Nonconforming Use, Structure Prohibited: No lot, parcel of land, or interest therein, shall be transferred, conveyed, sold, subdivided or acquired either in whole or in part so as to create a new nonconforming use, structure, or lot/parcel, or to avoid or circumvent the requirements of this title. No building permit will be issued for any lot, parcel, or structure which has been transferred, conveyed, sold, subdivided or acquired in violation of this title.


E. Nonconformance Of Area Per Dwelling Unit: A parcel/lot that was lawfully created but does not conform to the minimum area per dwelling unit requirement of the zone district in which it is located shall be considered a lot of record and is entitled to one, but no more than one dwelling unit thereon (lot of record) if it can meet the Development Code criteria.


F. Maintenance And Repair Of A Nonconforming Structure: A nonconforming structure may be repaired, maintained, or improved, provided such repair, maintenance, or improvement is in compliance with the provisions of this title. A nonconforming structure may be altered to decrease its nonconformity or to be brought into compliance with the provisions of this title.


G. Removal Of A Nonconforming Use Or Nonconforming Structure: If any such nonconforming use, nonconforming structure or nonconforming portion thereof is demolished or removed at the will of the property owner, any subsequent use, structure or portion thereof shall thereafter be required to conform to the regulations specified in this title for the zone district in which the use or structure is located.


H. Replacement Of A Nonconforming Use Or Nonconforming Structure: If any nonconforming use, nonconforming structure, or nonconforming portion thereof, is destroyed by fire or other natural cause, it may be replaced. If all necessary development permits are not obtained to repair or replace the damaged structure or use within one year from the date of loss, the structure or use may not be reconstructed or replaced, except in conformance with the provisions of this title. The CDD or designated planning staff member may grant a onetime, one year extension upon finding that special circumstances, such as construction schedules, seasonal weather conditions, renewed business demand, or other similar circumstances exist which warrant such an extension. In order to grant an extension, the property owner shall file a written request to the Community Development Department requesting such extension and be under due diligence in replacing or rebuilding the use or structure, prior to the end of the original one year period.


I. Enlargement Of A Nonconforming Residential, Agricultural, Or Accessory Structure: A nonconforming residential, agricultural, or accessory structure may be enlarged according to the following criteria:

1. Building Permit Required: Any portion of a nonconforming residential or accessory structure that complies with the setback requirements for the zone district in which the structure is located may be enlarged through the building permit process only, if the enlargement will further comply with all applicable zoning requirements. See figure 1 of this section.

2. Agricultural Structure: Any portion of a nonconforming agricultural structure that complies with the setback requirements for the zone district in which the structure is located may be enlarged through the building permit process or if applicable, the agricultural use exemption, if the enlargement will further comply with all applicable zoning requirements. See figure 1 of this section.

3. Low Impact Permit Required: Any portion of a nonconforming residential, agricultural, or accessory structure that does not comply with the setback requirements for the zone district in which the structure is located may be enlarged through the low impact permit process described in section 10-3-4 of this title and according to the following criteria:

a. At least fifty percent (50%) of the existing structure walls to be expanded, from which the setback is measured, must be nonconforming. See figure 2 of this section.

b. Additions to nonconforming residential, agricultural, or accessory structures may extend to the existing nonconforming setback line, but may not encroach farther into the setback. See figure 3 of this section.

c. In no case shall the addition be closer than fifty percent (50%) of the zone required setback. See figure 4 of this section.

d. The existing nonconforming wall to be expanded shall not be increased in height, unless it is set back at least twenty four feet (24') from closest neighboring primary dwelling structure wall or meeting the zone required setback. If the expansion of the nonconforming wall is proposed to be higher than the existing wall, is not set back at least twenty four feet (24') from the closest neighboring primary dwelling structure wall or meeting the zone required setback, a conditional use permit shall be required. In no case can the expansion be higher than the maximum height requirement allowed in section 10-4-22 of this title.

e. Nonconforming residential, agricultural, or accessory structures may not be enlarged for the purpose of increasing density.


J. Critical Lands:

1. Prohibited: Any portion of a nonconforming residential, agricultural, accessory, or commercial structure or any portion of a nonconforming use that is located within critical lands (wetlands, slopes greater than 30 percent, and streams, etc.) shall not be enlarged.

FIGURE 1



    Addition proposed that complies with the zone required setbacks. Building permit required.

FIGURE 2



    At least fifty percent (50%) of the wall proposed to be enlarged shall be nonconforming. Low impact permit required.

FIGURE 3



    Addition proposed to the existing nonconforming setback line, but not farther into the setback. Low impact permit required.

FIGURE 4



    Addition proposed to the existing nonconforming setback line, but not closer than fifty percent (50%) of the zone required setback. Low impact permit required.

(Ord. 831, 10-1-2014)
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10-8-2: SIGN REGULATIONS:linklink


A. Purpose: The purpose of this section is to promote and protect the public health, safety and welfare of the general public by implementing outdoor advertising regulations to protect property values, create an attractive economic and business climate and enhance the aesthetic appearance of the community, and ensure that the constitutionally guaranteed right of free expression is protected. It is further intended to reduce signs or advertising distractions and obstructions that may contribute to clutter or traffic accidents.


B. Permit Requirements:

1. It is unlawful for any person to erect, construct, alter or relocate any sign, other than such signs specifically described in subsection H, "Exempted Signs", of this section, without first obtaining a permit. Routine maintenance or repairing existing like parts shall not be considered an alteration; provided, that such change does not alter the surface dimensions, height, message, or otherwise make the sign nonconforming.

2. Application for the permit shall be made to the CDD or designated planning staff member and shall include the following:

a. The name, address and telephone number of the applicant, owner and occupant of the property.

b. Location of the structure or parcel of property on which the sign will be attached or erected.

c. Position of the sign in relation to nearby buildings, structures, property lines, rights of way and roads.

d. A copy of plans and specifications showing material and method of construction, illumination, electrical wiring, location and support.

e. Sketch showing sign faces, exposed surfaces and proposed message, accurately represented in scale as to size, area, proportions and color.

f. The name of the person erecting the sign.

g. Written consent of the owner of the building, structure or land on which the sign is to be erected.

h. On any application for a temporary sign, the applicant shall list the earliest date on which the sign may be established and the date on which the sign shall be removed.

3. Before granting a permit under this subsection, every applicant shall pay the required permit fee to the county for each sign.

4. The CDD or designated planning staff member shall approve, approve with conditions, or deny the sign permit within thirty (30) days from the date of the submittal of a complete application.


C. Sign Design: It is recognized that it is desirable to have some diversity of sign design within the Snyderville Basin. However, it is also desirable to ensure that materials and color schemes used on signs shall be compatible with the image of the Snyderville Basin community and mountain environment.


D. Comprehensive Sign Plans: Uses that are subject to the provisions of a previously approved comprehensive sign plan may choose to continue the use of that sign plan, or if all parties to the comprehensive sign plan agree in writing to no longer utilize the comprehensive sign plan, they may comply with the provisions of this section. In no case may a combination of a comprehensive sign plan and the provisions of this section be used together.


E. Permitted Signs:

1. Nonresidential Signs: The following types of signs are allowed for permanent, nonresidential uses. Signs permitted under this regulation are intended to identify the use located on the premises upon which the sign is located.

2. Definitions: For the purposes of this section, the following definitions will be used:

MULTIPLE USES: Any lot, building, or other structure or tract of land that has been designated for multiple nonresidential uses, through the approval of a development permit.

SINGLE USE: Any lot, building, or other structure or tract of land that has been designated for one nonresidential use, through the approval of a development permit.

3. Types Of Signs:

a. Freestanding Sign: Freestanding signs are supported by poles, braces, or uprights extending from the ground or an object on the ground and are not attached to any part of a building. All freestanding signs shall comply with the following:

(1) Number Of Signs: One freestanding sign shall be permitted for each separate primary vehicular access to the parcel, up to a maximum of two (2) signs. The primary vehicular access is that access located adjacent to the primary parking area.

(2) Location/Setbacks: Freestanding signs shall be located adjacent to the primary vehicular access to the parcel. In no case shall a freestanding, on premises sign encroach into a road right of way, nor shall any sign be situated near an intersection in such a manner so as to interfere with vehicular sight distance. These signs shall be set back at least fifteen feet (15') from the edge of the right of way.

(3) Monument Base: All freestanding, on premises signs shall be constructed with a monument base. A base of stone or wood is preferable.

(4) Display Area Size: The display area of all freestanding, on premises signs for a single use shall not exceed thirty (30) square feet in size. The display area of all freestanding, on premises signs for a parcel containing multiple uses shall not exceed forty five (45) square feet. The display area of a sign, which may be double sided, shall include any architectural embellishments or background materials that are an integral part of the display and intended to help attract attention to the sign.

(5) Height: In no case shall the highest point of a freestanding, on premises sign be more than six feet (6') above the grade elevation at the base of the sign.

(6) Materials: Freestanding signs shall be constructed of wood, stone or other natural materials. Plastic, lexan or similar materials are allowed for individual letters only.

(7) Landscaped Area: All freestanding, on premises signs shall be located within a landscaped area. Landscaping, including shrubs, perennials, trees, other appropriate vegetative materials, and landscape boulders where appropriate, shall be designed in a manner that minimizes the visual impact of the sign, without blocking the view of the sign from the specific area from which it is intended to be seen, or adversely affecting pedestrian and vehicular sight distance. Designs that integrate the sign into the land form should be considered.

b. Primary Wall Sign, Secondary Wall Sign, Projecting Sign, Suspended Sign, And Awning Sign: Each nonresidential use may choose to utilize three (3) out of the five (5) types of signs, as described below. In no case may two (2) or more of the same types of signs be used per each use.

(1) Wall Mounted Signs: Wall mounted signs are those signs that are attached to or painted on the wall of a building, the display surface of the sign being parallel to the wall of the building on which the sign is placed.

(A) Primary Wall Sign: A wall sign that is located on the facade of the building that contains the primary access to the particular use. A primary wall mounted sign shall not exceed one square foot of sign area for each two (2) linear feet of building facade frontage, up to a maximum of sixty (60) square feet.

In the case of multiple users in one building, the frontage shall include the length of the individual suite that is exposed to the exterior of the building where the primary access to the use is located. In no case shall the primary wall sign be less than ten (10) square feet in size.

In cases where a use does not contain exterior exposure to a building for the purposes of measuring sign area, that use may have a ten (10) square foot sign.

(i) Size Exception: In the case of a single building where at least one facade is two hundred fifty (250) linear feet in length or more, the maximum size of the primary wall sign may not exceed seventy five (75) square feet.

(ii) Location Exception: In the case of a single building where at least one facade is two hundred fifty (250) linear feet in length or more, the primary wall sign may be located as deemed appropriate by the entity requesting the sign.

(B) Secondary Wall Sign: A sign that is located on a building facade that is separate from the facade on which the primary wall sign is located. A secondary wall sign shall not exceed a maximum of one-half (1/2) the size of the permitted primary wall sign.

(C) Display Area: The area of all wall mounted business signs shall be the extreme limits of the display surface. The display surface includes any architectural embellishments or background materials that are an integral part of the display and used to differentiate the sign from its surroundings.

(D) Wall Mounted Signs: Wall mounted signs shall not project out more than six inches (6") from the wall on which they are mounted.

(E) Materials: Wall mounted signs shall be wood, metal, other natural materials, or painted on the side of the building. Plastic, lexan, or similar materials are allowed for individual letters only.

(2) Projecting Signs: Projecting signs are supported by a building or other structure and project out from the building or structure over the sidewalks, lawns, or similar areas in a manner that the display area is generally perpendicular to the face of the building or structure.

(A) Size: Projecting signs shall not exceed eight (8) square feet.

(B) Display Area: The area of a projecting sign shall be the extreme limits of the display surface. The display surface also includes any architectural embellishments or background materials that are an integral part of the display and used to differentiate the sign from its surroundings.

(C) Height: Signs which project over a pedestrian walkway shall allow at least seven and one-half feet (7.5') of clearance between the bottom of the sign and the ground. Hanging signs may be illuminated; provided, that only indirect lighting is utilized, and that the light source does not interfere with pedestrian or vehicular traffic.

(D) Materials: Projecting signs shall be constructed of wood, metal or similar material. Plastic, lexan or similar materials are allowed for individual letters only.

(3) Suspended Sign: A sign that is suspended parallel or perpendicular from a building roof, facade, porch, or other structural element by brackets, hooks, or chains.

(A) Size: Suspended signs shall not exceed eight (8) square feet.

(B) Display Area: The area of a suspended sign shall be the extreme limits of the display surface. The display surface also includes any architectural embellishments or background materials that are an integral part of the display and used to differentiate the sign from its surroundings.

(C) Height: Suspended signs shall allow at least seven and one-half feet (7.5') of clearance between the bottom of the sign and the ground. Suspended signs may be illuminated; provided, that only indirect lighting is utilized, and that the light source does not interfere with pedestrian or vehicular traffic.

(D) Materials: Suspended signs shall be constructed of wood, metal or similar material. Plastic, lexan or similar materials are allowed for individual letters only.

(4) Awning Signs: Awning signs are comprised of letters and logos that are placed on the valance of the awning.

(A) The words and logos on any awning sign shall not exceed nine inches (9") in height.

(B) Backlighted awnings are prohibited.

c. Subdivisions, Multi-Family Dwellings, And Residential Condominium Complex Signs: These signs are intended to state the name of a subdivision, multi-family development, or residential condominium complex.

(1) Freestanding Signs: One freestanding sign shall be permitted for each separate primary vehicular access to a subdivision, multi-family dwelling development, or residential condominium complex. All freestanding signs shall comply with the following:

(A) Monument Base: All freestanding, on premises signs shall be constructed with a monument base. A base of stone or wood is preferable.

(B) Display Area Size: The display area of all freestanding, on premises signs shall not exceed thirty (30) square feet in size. The display area of a sign, which may be double sided, shall include any architectural embellishments or background materials that are an integral part of the display and intended to help attract attention to the sign (see illustration 1 of this section).

(C) Height: In no case shall the highest point of a freestanding, on premises sign be more than six feet (6') above the grade elevation at the base of the sign.

(D) Materials: Freestanding signs shall be constructed of wood, stone or other natural materials. Plastic, lexan or similar materials are allowed for individual letters only.

(E) Landscaped Area: All freestanding, on premises signs shall be located within a landscaped area. Landscaping, including shrubs, perennials, trees, other appropriate vegetative material, and landscape boulders where appropriate, shall be designed in a manner that minimizes the visual impact of the sign, without blocking the view of the sign from the specific area from which it is intended to be seen, or adversely affecting pedestrian and vehicular sight distance. Designs that integrate the sign into the land form should be considered.

(F) Setbacks: In no case shall a freestanding, on premises sign encroach into a road right of way, nor shall any sign be situated near an intersection in such a manner so as to interfere with vehicular sight distance. These signs shall be set back at least fifteen feet (15') from the edge of the right of way.

d. Temporary Signs: "Temporary sign" means any sign or advertising display constructed of cloth, wood, canvas, light fabric, paper or other materials with or without frames intended to be displayed for a limited time period and not permanently affixed to the ground.

(1) General Provisions For All Temporary Signs: The following shall apply to all temporary signs as outlined herein:

(A) Signs shall be removed as specified herein, unless otherwise indicated in this section. There are no time frames for noncommercial opinion signs.

(B) Signs may only be located on private property and may not encroach into the right of way, nor impede pedestrian traffic.

(C) Signs shall not be attached to utility poles, fences, trees, or other similar objects.

(D) Illumination of temporary signs is prohibited.

(E) All temporary signs must be subordinate to and be positioned in such a way so that any permanent signage on the same property remains visible.

(F) Temporary signs must be properly maintained at all times. Any faded, torn, ripped, detached, defaced or otherwise damaged sign must be promptly repaired, replaced, or removed.

(G) A low impact permit is required for a temporary sign prior to installation, unless otherwise exempted in this section.

(2) Temporary Signs Allowed Without A Permit In All Zones:

(A) Noncommercial Opinion Signs: Noncommercial opinion signs are subject to all requirements and provisions of the Utah state code annotated and other laws as may be applicable. Such signs are regulated as follows:

(i) Residential Properties: Residential properties are permitted nine (9) square feet of a sign area, not to exceed three feet (3') in height. The sign square footage may be split between two (2) or more signs, but the total square footage may not exceed nine (9) square feet.

(ii) Nonresidential Properties: Nonresidential properties are permitted six (6) square feet of sign area, not to exceed three feet (3') in height. The sign square footage may be split between two (2) or more signs, but the total square footage may not exceed six (6) square feet.

(B) Properties Subject To Development Or Construction: Properties which have an approved subdivision plat, site plan, or other type of development permit upon which construction or development is occurring are subject to the following:

(i) Signs may not exceed a maximum of twenty (20) square feet.

(ii) Signs may only be freestanding and must be made of a rigid material. Banners or other similar signs applied to cloth, paper, flexible plastic, or fabric of any kind are not permitted.

(iii) Signs may not exceed six feet (6') in height, measured from the top of the sign to the grade directly below.

(iv) One sign is allowed per street frontage. These signs must be located on the parcel that is subject to the approved development permit and may not encroach into the right of way, nor impede pedestrian traffic.

(v) Such sign(s) shall be removed within one year after the issuance of the final building permit for the development.

(C) Properties Subject To Sale, Lease, Rent, Or Auction: Properties subject to sale, lease, rent, or auction shall be allowed one on premises sign of one of the following types, and associated off premises signs according to the following:

(i) On Premises Signs:

     (a) One T-shaped post sign (see illustration 1 of this section), one yard sign (see illustration 2 of this section), or one window sign (see illustration 3 of this section) subject to the following:



ILLUSTRATION 1
T-POST SIGNS




ILLUSTRATION 2
YARD SIGN





ILLUSTRATION 3
WINDOW SIGN



* In the case of a T-shaped post sign, the sign hanging from the T-shaped post shall be a maximum of nine (9) square feet. Yard signs and window signs may not exceed nine (9) square feet in size.

* T-shaped post signs and yard signs may not exceed six feet (6') in height, measured from the top of the sign to the grade directly below.

* These signs must be located on the property that is subject to sale, lease, rent, or auction and out of the right of way.

* These signs are allowed for the duration of the property's sale, lease, rent, or auction.

(ii) Off Premises Signs:

(a) Such signs may be used to direct traffic to a property for sale, lease, rent, or auction, subject to the following:

* These signs may be displayed thirty (30) minutes prior to a representative or property owner being at the property that is subject to sale, lease, rent, or auction.

* These signs may be displayed in the county right of way as long as they are not disruptive to the regular flow of traffic.

* These signs may not be displayed overnight.

(3) Temporary Signs Requiring A Permit On Nonresidential Properties: A nonresidential use may apply for one temporary sign, subject to the following:

(A) These signs may be displayed up to four (4) times per calendar year, for a period not to exceed ten (10) days in length. These periods may run consecutively.

(B) Signs may not exceed a maximum size of twenty (20) square feet.

(C) Freestanding temporary signs may not exceed six feet (6') in height, measured from the top of the sign to the grade directly below. Signs attached to a building may not exceed fifteen feet (15') in height, measured from the top of the sign to the grade directly below.

(D) One temporary sign is allowed for each nonresidential use.

(E) These signs must be located on the parcel on which the entity requesting the sign is located and may not encroach into the right of way, nor impede pedestrian traffic.


F. Sign Illumination:

1. Exposed neon tubing and/or individual light bulbs forming the sign copy shall not be permitted on any sign, unless otherwise allowed in this section.




2. Backlit full sign face illuminated signs are prohibited.





3. Light may be cast directly onto the face of the sign by an external light source. In such instances, the light must be focused on the sign face only, provided that such illumination does not adversely affect pedestrian and/or vehicular traffic.



4. Backlighting through individual routed letters/copy or through the material that comprises the letters/copy in the sign face is permitted as long as the light source is screened from public view.




5. No interior light source shall be visible to the exterior.


G. Prohibited Signs And Devices: The following signs shall be prohibited in the Snyderville Basin:

1. Changeable Copy Signs: A sign whose informational content can be changed or altered on a fixed surface composed of electrically illuminated or mechanically driven changeable segments, unless required by federal law.

2. Flashing Signs: Any illuminated sign on which the light is not maintained stationary or constant in intensity and color at all times when it is in use.

3. Roof Mounted Signs: A sign that is mounted on the roof of a structure, or signs that project above the highest point of a roofline.

4. Moving Signs: Any sign or part of a sign that changes physical position by any movement or rotation or that gives the visual impression of such movement.

5. Pennants, Banners, Ribbons, Etc.: Strings of pennants, banners, ribbons, streamers, balloons, spinners, or other similar moving or fluttering or inflated devices and searchlights.

6. Signs Imitating Official Traffic Signs: Signs imitating official traffic signs in any manner which are visible from public areas.

7. Portable Signs: Portable signs not permanently affixed to the ground, except as otherwise provided in this section.

8. Mobile Signs: Signs attached to stationary vehicles, equipment, trailers and related devices, when used in a manner to augment approved signage for a business as opposed to normal operation or parking of the vehicle or device.

9. Obstructing Signs: Signs which, by reason of size, location, content, coloring or manner of illumination, obstruct the vision of motorists or obstruct or detract from the visibility or effectiveness of any traffic sign or control device on any road or street, as determined by the CDD or designated planning staff member or the county sheriff.

10. Hazardous Signs: Any sign or sign structure which constitutes a hazard to public health or safety, as determined by the CDD or designated planning staff member or the county sheriff.

11. Signs On Public Property: Signs on trees, utility poles, and on public property, other than public information signs.

12. Off Premises Directional Signs: Off premises directional signs may be approved as a temporary sign when an event or activity is situated in such a manner that its location is obstructed from public view, so long as that sign is compatible with all other regulations herein.

13. Condition Of Sign: Any sign for which the sign message face has been removed or destroyed, leaving only the supporting frame or other components, and said condition exists for more than thirty (30) days is prohibited and shall be removed.


H. Exempted Signs: These signs are exempt from obtaining a low impact permit; however, they must still comply with the following guidelines:

1. Informational Signs: Signs which are not more than six (6) square feet and no more than four feet (4') in height and which are used to direct vehicular and pedestrian traffic or to direct parking and traffic circulation on private property. Advertising is not permitted on these signs. Informational signs shall contain no advertising material or message. These signs shall not be permitted in a right of way or required setback area.

2. Public Signs: Legal notices, identification, informational or directional signs erected or required by governmental bodies, or authorized by the county for public purposes which meet the requirements of these guidelines, except provisions prohibiting said signs in the rights of way.

3. Public Regulatory Signs: All public regulatory signs located in the county which meet all the state requirements.

4. Interior Signs: Signs located on the interior of any building, or within an enclosed lobby of any building or group of buildings and which cannot readily be seen from the exterior of the building, which signs are designed and located to be viewed exclusively by the patron of such use or uses.

5. Utility Signs: Signs of public utility or cable television companies which show the locations of underground facilities.

6. Street Address And Identifications Signs: Signs whose content includes only the name or professional title of the occupant and address of the premises. Such signs shall not exceed two (2) square feet. The sign shall be limited to flush mounted or window type signs and one per premises. These signs shall not be permitted in a right of way.

7. Customer Information Signs: Customer information signs located on or in close proximity to the building and outside of required setback areas may display such items as "credit cards accepted", prices and menus, and each sign shall not exceed two (2) square feet in area.

8. Flags: Each development area that contains a single use may have no more than three (3) freestanding flagpoles at any time. Each development area that contains multiple uses may have no more than three (3) freestanding flagpoles at any time. Flagpoles are restricted to only flying one flag per pole. The maximum size of any one flag shall be twenty four (24) square feet. Flagpoles may not exceed twenty eight feet (28') in height, measured from the top of the pole to the grade directly below. Uplighting of all flags, except the flag of the United States Of America, is prohibited.

9. Window Signs: Window signs shall not exceed twenty five percent (25%) of the area of a single window in which it is placed. A single window is any window, or section of windows, that is separated from another window by twelve inches (12") or more. Any door with windows is always considered a separate window. Window signs may not be combined in order to gain a larger sign for one particular window (see illustration 4 of this section).


ILLUSTRATION 4

10. Neon Signs: Neon signs, where the light source is on the external face of the sign: One neon sign is allowed for each nonresidential use to be located on the inside of any window. These signs may not exceed four (4) square feet and may not flash or be animated in any manner. Neon signs are considered window signs and may not exceed twenty five percent (25%) of the area of the window in which they are placed.

11. Project Identification Banners On Light Poles: These signs are only allowed in multiple use developments and may be located on more than fifty percent (50%) of the total number of light poles within a development. Banners may not exceed eight (8) square feet in size.


I. Nonconforming Signs: Within the zone districts established in this title, there may be existing signs which were lawfully established before the adoption of this title, but which are now prohibited, regulated, or restricted. It is the intent of this section to allow these signs to remain until such time as they are removed or otherwise brought into conformance with this title.

1. Property Owner Responsibility: The property owner bears the burden of establishing that any nonconforming sign lawfully exists.

2. Enlargement Of Nonconforming Signs: A nonconforming sign may not be enlarged in any way unless it conforms to the provisions contained in this title.

3. Location: Signs conforming to the provisions of this section may be erected on a parcel that contains a nonconforming sign(s); however, the new sign(s) must be a different type than the existing nonconforming sign(s) (i.e., if the nonconforming sign is a freestanding sign, a conforming freestanding sign may not be erected).

4. Alterations: A nonconforming sign may be altered to decrease its nonconformity.

5. Maintenance And Repair Of Nonconforming Signs: Nothing in this section shall be construed to relieve the owner of use of a nonconforming sign, or owner of the property on which such nonconforming sign is located, from maintaining the sign in a state of good repair; provided, however, that any repainting, cleaning and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure or copy in any way which makes it more nonconforming. Routine maintenance or changing like parts shall not be considered an alteration; provided, that such change does not alter the surface dimension, height, message, or otherwise make the sign nonconforming.

6. Removal Of Nonconforming Signs: If a nonconforming sign is demolished or removed at the will of the property owner, any subsequent sign shall thereafter be required to conform to the regulations specified in this title for the zone district in which it is located.

7. Destroyed Signs: If a nonconforming sign is destroyed by fire or other natural cause, it may be replaced. If the sign is not repaired or replaced within one year from the date of loss, it shall not be reconstructed or replaced except in conformance with the provisions of this title.

8. Sign Removal: If the cost of the nonconforming sign is valued at less than one hundred dollars ($100.00), the sign shall be removed. Sign value shall be determined based on an actual sales receipt for the sign or a cost estimate for the replacement cost provided by a qualified professional.

9. Billboard Removal: Nothing in this section shall be deemed to prohibit the county from removing a billboard without providing just compensation in accordance with the procedures set forth in this subsection, if the county manager provides reasonable notice of the proceedings and, following a public hearing, finds:

a. The applicant made a false or misleading statement in any application to the county necessary to establish or change the billboard;

b. The billboard is unsafe or presents a hazard to persons or property;

c. The billboard is in a state of disrepair; or

d. The billboard has been abandoned for at least twelve (12) months.


J. Enforcement:

1. The CDD or designated planning staff member shall be responsible for enforcing the provisions of the sign regulations established herein.

2. Violation of the sign provisions established herein shall result in punishment in accordance with the provisions of this title and state law.

3. If signs not conforming to the requirements of this title are located within a public right of way, county personnel may remove and impound those signs if notice to remove the signs has been sent to the property owner and they have failed to comply with that notice.


K. Measuring Sign Area:

FREESTANDING SIGN

Calculate sign area by size of imaginary panel drawn around copy. Do not calculate embellishment or monument background.



Calculate sign area by size of actual oval panel surrounding copy. Do not calculate embellishment or monument background.

BUILDING FACADE FRONTAGE

The length of the individual suite that is exposed to the exterior of the building where the primary access to the use is located.



WALL MOUNTED SIGN

Calculate sign area by size of actual background panel surrounding the sign copy.




Calculate sign area by size of imaginary panel drawn around copy.



MIXED CASE LETTERING

Draw imaginary panel around either uppercase or lower case letters, but not both.




L. Types Of Signs:



AWNING SIGN



FREESTANDING SIGN



HANGING SIGN



PROJECTING SIGN



WALL MOUNTED SIGN

(Ord. 769, 8-1-2012)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30044#s991248
10-8-3: MANUFACTURED HOUSING:linklink


A. Permitted Use: A manufactured home shall be a permitted use in any zone district in which a conventional single-family home is a permitted use; provided, however, that such manufactured home and the lot on which it is placed shall be subject to the same development standards applicable to a conventional single-family home in the same zoning district. The authority to locate a manufactured home in single-family zoning districts shall not apply if more than ten (10) years have elapsed between the date of manufacture of the manufactured home and the date of the application for the issuance of a building permit to install the manufactured home on the affected lot.


B. Performance Standards: Manufactured homes are subject to the following architectural or aesthetic standards:

1. The roof shall be double pitched and have a minimum vertical rise of six feet (6') for each twelve feet (12') of horizontal run, and shall be covered with roofing material that is residential in appearance, including, but not limited to, approved wood, asphalt composition shingles, metal or fiberglass, but excluding corrugated aluminum, or corrugated fiberglass roofs, which meet the snow load requirements of the international building code.

2. All roof structures shall provide an eaves projection of no less than twenty four inches (24").

3. The exterior siding shall consist predominantly of wood and stone, of a quality and consistency with other nearby homes.

4. Any moving hitch, transporting lights, and wheels and axles shall be removed.

5. The manufactured home shall be oriented on the lot so that its long axis is parallel with the road. A perpendicular or diagonal placement may be permitted if the narrow dimension of the unit, as it appears form the road, is no less than fifty percent (50%) of the unit's long dimension.

6. The lot shall be landscaped to ensure compatibility with surrounding properties.

7. The manufactured home shall have a length not exceeding four (4) times its width, with length measured along the longest axis and width measured at the narrowest part of the other axis. The minimum dimensions of the manufactured home shall be twenty two feet (22') in width and forty feet (40') in length.

8. A garage or carport, constructed in accordance with the requirements of the international building code, shall be provided. (Ord. 708, 12-10-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30044#s991249
10-8-4: HOME OCCUPATIONS:linklink


A. Purpose And Intent: The purpose of these regulations is to permit home based businesses which are not intensive nor intrusive and which will not change the character of residential areas.


B. Types Of Home Based Businesses Permitted:

1. Home Based Business, Class 1: A commercial use which is clearly incidental and secondary to the use of the premises as a dwelling and which is carried on wholly or in part within a main building or accessory building by a member of a family who resides on the premises. No customer visits to the residence are allowed in conjunction with a home based business, class 1.

a. Types Of Businesses: Examples of home based businesses, class 1 include, but are not limited to, general offices, artists, woodworking, craft making, and childcare for up to four (4) children.

b. Business License: A home based business, class 1 shall be established by obtaining a Summit County business license.

c. Performance Standards: A home based business, class 1 must comply with the following performance standards:

(1) The use of the dwelling unit for a home based business, class 1 shall be clearly incidental and subordinate to its use for residential purposes. Any activity which results from a home based business, class 1 shall be conducted within the enclosed portion of the principal residence or accessory building.

(2) No person, other than members of the family residing on the premises, shall be engaged in the activities of the home based business, class 1.

(3) There shall be no exterior displays, no exterior storage of equipment, including unlicensed equipment and materials, and no exterior indication of the home occupation which may change the outside appearance of the principal residential character of the building.

(4) No advertising for the home based business, class 1 on the premises is allowed, except in a mixed use development in a town or resort center and when a comprehensive sign plan has been approved which allows such signs. No advertisement of the address of the property to attract customers, clients or the public to the premises is allowed. Window areas must not be used as display areas to offer merchandise for sale.

(5) Retail sales or rentals conducted on the premises in connection with home based business, class 1 are prohibited.

(6) Home based businesses, class 1 shall not require internal or external structural alterations of the principal residence or the installation of equipment or machinery not customary in a residential area.

(7) No "open storage", as defined in chapter 11 of this title, shall be permitted in connection with a home based business, class 1 beyond the storage requirement permitted for a residential use.

(8) No pedestrian, vehicular or delivery traffic shall be generated by the home based business, class 1 in greater volume than would normally be expected in a residential area. No additional parking beyond that authorized pursuant to section 10-4-9 of this title shall be permitted.

(9) No home based business, class 1 requiring any equipment or processing which creates noise, vibration, glare, fumes, smoke and dust which disturbs neighbors and alters the residential character of the premises shall be permitted.

(10) No electric devices may be used in any home based business, class 1 which may cause electrical interference or create visual and audible interference in any radio or TV receivers causing fluctuations in the line voltage off the premises.

(11) One vehicle may be allowed in conjunction with a home based business, class 1, and it shall be parked either in the driveway or other enclosed parking space, such as a garage. No other vehicles shall be allowed to be brought to, parked on, or stored on the property in conjunction with a home based business, class 1.

2. Home Based Business, Class 2: A commercial or light manufacturing use of a scale greater than home based business, class 1 due to factors such as intensity of use or clients coming to the residence, but which is still secondary to the residential use, with customers.

a. Types Of Businesses: Examples of home based businesses, class 2 include, but are not limited to, counseling services, tutoring services, and salons.

b. Low Impact Fee: A home based business, class 2 shall be established by submitting a low impact permit (refer to section 10-3-4 of this title for detailed submission requirements). All property owners within three hundred feet (300') of the proposed home based business, class 2 will be notified of the pending application. If public opposition is received within fourteen (14) days from the date of the public notice, a public hearing will be scheduled before the commission. The commission will be charged with approving, approving with conditions, or denying the low impact permit. If no public opposition is received within fourteen (14) days from the date of the public notice, the CDD or designation planning staff member may approve the low impact permit if it meets the following performance standards.

c. Performance Standards: A home based business, class 2 must comply with the following performance standards:

(1) The use of the dwelling unit for a home based business, class 2 shall be clearly incidental and subordinate to its use for residential purposes. Any activity which results from a home based business, class 2 shall be conducted within the enclosed portion of the principal residence or accessory building.

(2) There shall be no more than one employee, in addition to members of the family residing on the premises, engaged in the activities of the home occupation.

(3) There shall be no exterior displays, no exterior storage of equipment, including unlicensed equipment and materials, and no exterior indication of the home occupation which may change the outside appearance of the principal residential character of the building.

(4) No advertising for the home occupation on the premises is allowed, except in a mixed use development in a town or resort center and when a comprehensive sign plan has been approved which allows such signs. No advertisement of the address of the property to attract customers, clients or the public to the premises is allowed. Window areas must not be used as display areas to offer merchandise for sale.

(5) Home based businesses, class 2 shall not require internal or external structural alterations of the principal residence or the installation of equipment or machinery not customary in a residential area.

(6) No "open storage", as defined in chapter 11 of this title, shall be permitted in connection with a home occupation beyond the storage requirement permitted for a residential use.

(7) Customers shall be limited to appointment only.

(8) There shall be one off street parking space provided for the home based business, class 2.

(9) No pedestrian, vehicular or delivery traffic shall be generated by the home occupation in greater volume than would normally be expected in a residential area. No additional parking beyond that authorized pursuant to section 10-4-9 of this title shall be permitted.

(10) No home occupation requiring any equipment or processing which creates noise, vibration, glare, fumes, smoke and dust which disturbs neighbors and alters the residential character of the premises shall be permitted.

(11) No electric devices may be used in any home occupation which may cause electrical interference or create visual and audible interference in any radio or TV receivers causing fluctuations in the line voltage off the premises.

(12) One vehicle may be allowed in conjunction with a home based business, class 2, and it shall be parked in the driveway or other enclosed parking space, such as a garage, in addition to one car for an employee.


C. Prohibited Home Based Businesses: Prohibited home based businesses include, but are no limited to, the following occupations, professions and business activities and those of a similar nature:

1. Hospitals;

2. Animals/veterinary clinics;

3. Restaurants;

4. Auto, truck, recreation vehicle repair services;

5. Ambulance services; and

6. Auto/car sales, part sales.


D. Revocation:

1. A business license authorizing a home based business is subject to revocation upon thirty (30) days' written notification from the county if it is determined that the continued use of the home based business is contrary to public health, safety and welfare, or violates the provisions of the performance standards in this section. The notice shall be sent via certified mail to the owner's address as written on the application for the home based business permit.

2. A petition signed by fifty one percent (51%) of the property owners residing within three hundred feet (300') of the home based business may be submitted stating the alleged violation of one or more specified performance standards in this section and initiating a public hearing by the county manager to consider revoking the business license. (Ord. 708, 12-10-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30044#s991250
10-8-5: ACCESSORY DWELLING UNITS/AGRICULTURAL EMPLOYEE DWELLING UNITS:linklink


A. Accessory Dwelling Units: An accessory dwelling unit may be allowed as an incidental residential use on the same lot as the main dwelling unit in the RR, HS, MR, and NC zone districts. No more than one accessory dwelling unit shall be permitted on a lot. An accessory dwelling unit shall conform to the following criteria:

1. The accessory dwelling unit must be constructed at a location approved by the CDD or designated planning staff member.

2. The minimum parcel size for a lot containing a primary dwelling unit and an accessory dwelling unit which is not attached to or within the primary dwelling unit shall be one-half (1/2) acre. There is no minimum acreage requirement for lots with accessory dwelling units which are attached to or within the primary dwelling unit. Accessory dwelling units considered to be attached to or within the primary dwelling units shall have at least one common wall.

3. The accessory dwelling unit may not be sold separately from the entire property, including the primary dwelling unit.

4. Setback requirements shall be the same as for the primary structure.

5. A building permit shall be required for an accessory dwelling unit.

6. Accessory dwelling units shall conform to the height limitations of the primary structure.

7. A certificate of occupancy for an accessory dwelling unit shall only be granted concurrent with or subsequent to the issuance of a certificate of occupancy for the primary use structure on said property.

8. A detached accessory dwelling unit shall not exceed one thousand (1,000) square feet of gross square footage, as measured from exterior wall to exterior wall of the accessory dwelling unit. An accessory dwelling unit may be placed within a larger accessory structure (such as a barn or garage), but the accessory dwelling unit shall be limited to one thousand (1,000) square feet. Other provisions of this title apply to the size and permitting of the larger accessory structure.

9. A restrictive use covenant shall be signed and recorded by the property owner prior to building permit issuance for the accessory dwelling unit. The restrictive use covenant shall state that the accessory dwelling unit may not be sold separately from the entire property, including the primary residence, and that the dwellings may not be condominiumized.


B. Agricultural Employee Dwelling Unit: An agricultural employee dwelling unit is a one-family dwelling located on an agricultural parcel/lot. The dwelling must be an accessory use to the principal dwelling unit and agricultural operation of the property. An agricultural employee dwelling unit shall conform to the following criteria:

1. Before an agricultural employee dwelling unit is approved, the applicant must demonstrate that the property on which the dwelling will be located contains a viable agricultural operation as defined in chapter 11 of this title.

2. An agricultural dwelling unit shall contain cooking, sanitation and sleeping facilities.

3. The agricultural employee dwelling unit may not be sold separately from the sale of the entire property, including the primary residence.

4. A low impact permit and a building permit shall be required for an agricultural employee dwelling unit.

5. Setback requirements shall be the same as for the primary residence.

6. A certificate of occupancy for an agricultural employee dwelling unit shall only be granted concurrent with or subsequent to the issuance of a certificate of occupancy for the primary residence on said property.

7. An agricultural employee dwelling unit shall not exceed two thousand (2,000) square feet of gross square footage, as measured from exterior wall to exterior wall. An agricultural employee dwelling unit may be placed within a larger accessory structure (such as a barn or garage), but the agricultural dwelling unit itself shall be limited to two thousand (2,000) square feet. Other provisions of this title apply to the size and permitting of the larger accessory structure.

8. A restrictive use covenant shall be signed and recorded by the property owner prior to building permit issuance for the accessory dwelling unit. The restrictive use covenant shall state that the accessory dwelling unit may not be sold separately from the entire property, including the primary residence, and that the dwellings may not be condominiumized. (Ord. 708, 12-10-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30044#s991251
10-8-6: RESIDENTIAL FACILITIES FOR THE ELDERLY OR DISABLED:linklink


A. No residential facility for the elderly or handicapped may be established unless:

1. It is in an existing building and a low impact permit has been issued; or

2. It is in a proposed building, minor or major development review and approval of a final site plan has occurred and building permit has been issued; or

3. If a conditional use permit is required within the applicable zoning district, a conditional use permit has been issued.


B. No residential facility for elderly or handicapped persons shall be constructed or operated unless in compliance with the following standards:

1. The facility meets all requirements of this title and other building, safety and health ordinances applicable to similar dwellings;

2. The operator of the facility provides assurances that residents of the facility will be properly supervised. Said supervision may vary depending on the specific nature of the facility;

3. Adequate off street parking space has been provided in accordance with the provisions of this title;

4. The facility is capable of use as a residential facility for elderly or handicapped persons without structural or landscaping alterations that would change the structure's residential character;

5. The facility is not located within three-fourths (3/4) mile of another residential facility for elderly persons or residential facility for handicapped persons;

6. No person being treated for alcoholism or drug abuse will be placed in the residential facility for elderly persons; and

7. Placement in a residential facility for elderly persons is on a strictly voluntary basis and is not part of, or in lieu of, confinement, rehabilitation or treatment in a correctional facility.


C. The use granted and permitted by this section is nontransferable and terminates if the structure devolves to a use other than a residential facility for elderly persons or if the structure fails to comply with the standards established herein.


D. Discrimination against elderly persons and against residential facilities for elderly persons is hereby prohibited. A decision regarding an application for a permit by a residential facility for elderly persons shall be based on the criteria set forth herein, and shall not be based on the age of the facility's residents.


E. The provisions of this section shall not apply if the proposed use constitutes a "single-family dwelling" and is occupied by one family, as defined in chapter 11 of this title. (Ord. 708, 12-10-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30044#s991252
10-8-7: CHILD DAYCARE:linklink


A. State License Required: An establishment to be used for child daycare activities shall be licensed or registered by the department of human services of the state. Such establishment shall meet all minimum standards promulgated by the department of human services.


B. Outdoor Play Area; Fencing: The outdoor play areas of a daycare center shall be enclosed with a fence which shall be built and maintained with a minimum height of four feet (4'). A six foot (6') high solid fence shall be built and maintained along play areas that are adjacent to property in a residential zoning district.


C. Loading And Unloading: Loading and unloading of children from vehicles shall only be permitted on the property, approved parking area, or directly in front of the establishment. (Ord. 708, 12-10-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30044#s991253
10-8-8: SERVICE STATIONS:linklink

The purpose of this section is to prescribe standards for service stations in order to limit the potential for impairment of traffic flow on roads providing access to such uses; to minimize fire hazards and the contamination of ground water resulting from the over concentration of such uses within defined areas; to ensure adequate off street queuing and ingress/egress; and to limit the noise and other negative impacts on adjacent land uses.


A. Separation: No service station shall be located within two hundred feet (200') of a single-family dwelling or within five hundred feet (500') of another service station.


B. Distance To Intersection, Road: Not more than one service station may be located within two hundred feet (200') of the intersection of any major road, arterial road or collector road with another major road, arterial road or collector road.


C. Screening: An opaque screening treatment shall be provided on all sides of the property that are located adjacent to residentially zoned and residentially used property. (Ord. 708, 12-10-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30044#s991254
10-8-9: DRIVE-IN AND DRIVE-UP WINDOW COMMERCIAL USES:linklink

The purpose of this section is to regulate fast food, drive-in and drive-up window commercial uses in order to limit the potential for impairment of traffic flow on roads providing access to the use; to ensure adequate off street queuing and ingress/egress; and to limit the noise and other negative impacts on adjacent land uses.


A. Drive-Through Lanes: Drive-through lanes shall be separated from circulation lanes required to enter or exit the property. Drive-through lanes shall be marked by special striping, pavement markings or barriers. Drive-through lanes shall not cross or intersect the principal pedestrian access route to such establishment. Drive-through lanes shall be designed and located in such a manner as to minimize impacts on adjoining properties, and shall be screened and buffered in such a manner as to minimize noise impacts. An opaque screening treatment shall be provided on all sides of the site that are located adjacent to residentially zoned property.


B. Queuing Distance: Queuing distance shall be measured from the beginning of the pavement markings delineating the drive-through lane to the order board or pick up window, avoiding overlap with circulation lanes, sidewalks or driveways.


C. Distance To Dwelling Unit, Another Drive-In Or Drive-Up Window Commercial Use: A commercial use with a drive-through lane shall not be located within two hundred feet (200') of a single-family dwelling unit. No commercial use with a drive-through window shall be located within five hundred feet (500') of another commercial use with a drive-through window when both uses are located on the same road segment in order to minimize impacts on traffic flow on the roadway. A commercial use with a drive-through window may be located within five hundred feet (500') of another commercial use with a drive-through window, provided the access to the use is from a different road segment with appropriate traffic control devices between access points.


D. Distance To Intersection, Road: A commercial use with a drive-through window may not be located within two hundred feet (200') of the intersection of any major road, arterial road or collector road with another major road, arterial road or collector road. (Ord. 708, 12-10-2008)


E. Signage: Any new drive-through facility shall be required to post signs informing customers of the county's anti-idling resolution. (Ord. 818, 2-26-2014)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30044#s991255
10-8-10: RECREATIONAL VEHICLE PARKS:linklink

The purpose of these additional standards is to ensure the safety and healthful occupancy of recreational vehicles:


A. Area: No recreational vehicle park shall be constructed on a parcel of property which has an area of less than five (5) acres. A recreational vehicle park shall require conditional use permit approval.


B. Density: Recreational vehicle parks shall contain not more than an average of eighteen (18) recreational vehicle spaces per acre. The spaces shall be clustered; provided, that the land not used for individual spaces, roads or parking is set aside and developed for park, playground or service area. Not more than one recreational vehicle shall be placed on a recreational vehicle space.


C. Site Width: Each recreational vehicle site width shall be a minimum of twenty five feet (25'). Vehicles shall be separated from each other and from any other structure by at least ten feet (10').


D. Time Limit On Occupancy: No individual recreational vehicle space in a recreational vehicle park shall be used by any one individual for a period longer than thirty (30) consecutive days.


E. Buffers: Landscaped buffers shall be provided between recreational vehicle parks and adjoining residential uses. (Ord. 708, 12-10-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30044#s991256
10-8-11: PRESERVATION OF HISTORICALLY SIGNIFICANT STRUCTURES:linklink

Historically significant buildings are valued in Summit County based upon their contribution to the general welfare, aesthetics and values of property and historical education of Summit County. Historically significant buildings tell the story of Summit County and provide architectural and/or cultural significance. The purpose of these regulations is to provide for the adaptive reuse of a historically significant building with a new use that meets the criteria set forth in this code.


A. No Increase In Density: No increase in density above what is allowed by the underlying zoning district is or shall be granted through these provisions.


B. Use Must Be Contained Within The Historic Structure: The adaptive reuse of a historically significant building must be confined to the building itself.


C. Determination Of Historic Significance Required: Prior to any review for an adaptive reuse of the property, the property owner must demonstrate that the structure is "historically significant". Determinations of historical significance shall be made by the planning commission, who must find that the structure or building meets at least one of the following definitions set forth in subsection D of this section.


D. Historically Significant Is Defined As:

1. A building or structure associated with events that have made a significant contribution to the broad patterns of Summit County's history; or

2. A building or structure associated with the lives of significant persons in the past; or

3. A building or structure which embodies the distinctive characteristics of a type, period, or method of construction, or that possess high artistic values, or that represents a significant and distinguishable entity whose components may lack individual distinction; or

4. A building or structure which has yielded or may be likely to yield, information important in history or prehistory.


E. Additional Uses Allowed: In addition to the allowed, conditional and low impact uses designated in the underlying zoning district, the following uses may be approved as a conditional use in a historically significant building in any zoning district:

Bed and breakfast inn.

Churches, schools, institutional uses.

Cultural activity.

Home based business, class 2.

Office, moderate.

Personal improvement service.

Personal service.

Pet services and grooming.

Rehearsal or teaching studio for creative, performing arts with no public performances.

Restaurant, deli with no drive-through.

Retail sales, food.

Retail sales, general.

Seasonal plant and agricultural sales.

Veterinarian.


F. Qualifying Provisions: In order to qualify for conditional use review under section 10-3-5, "Conditional Use Permit", of this title, the applicant must first demonstrate compliance with all of the following to the planning commission:

1. The building is designated as historically significant by the planning commission. The designation process must be completed prior to the county accepting a conditional use application for the structure unless the community development director determines that it is in the best interest of the county to process the designation and conditional use applications together.

2. The adaptive reuse will require minimal physical change to the building as these features are important in defining the overall historic character of the building and environment.

3. The adaptive reuse is contained entirely within the historically significant structure.

4. Significant archaeological resources affected by the project shall be protected and preserved. If such resources, for the adaptive reuse, must be disturbed, mitigation measures may be undertaken and approved by the community development director. Disturbances to archaeological resources shall be kept to a minimum.

5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize the property shall be preserved.

6. The proposed adaptive reuse will not have a material net cumulative adverse impact on the neighborhood or the county due to:

a. Traffic;

b. Parking;

c. Signs;

d. Lighting;

e. Removal of landscaping; and

f. Noise, fumes or odors.


G. Deed Or Restrictive Use Covenant Required: As a condition of all CUP approvals, the property owner shall record a deed or restrictive use covenant to benefit the county, which protects the historical structure from demolition and changes contrary to the intent of the preservation of historical structures provision herein. (Ord. 851, 10-21-2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30044#s1091049
10-8-12: VEHICLE CONTROL GATES:linklink


A. Purpose: Vehicle control gates are generally not appropriate in any zone. In the event that a vehicle control gate is necessary to protect the public's health, safety, and welfare, a vehicle control gate may be approved in residential zones on private streets as a conditional use. In order to approve a conditional use for a vehicle control gate, all applicable findings and review standards as required for a conditional use permit in section 10-3-5 of this title shall be met. In addition, all of the following review criteria shall be met:

1. The applicants have demonstrated a need for a vehicle control gate to effectively control an ongoing health, safety, and welfare situation or, in unique circumstances, to mitigate traffic, parking congestion, or through traffic on streets within a neighborhood.

2. The street is a private street, is a cul-de-sac, and is not a through street. The proposed vehicle control gate does not impact traffic circulation through the neighborhood.

3. The private street serves primarily single-family or duplex residences with individual or shared driveways.

4. There is a major traffic or parking generator or use within a nine hundred foot (900') walking distance of the private street entrance and there is evidence of spillover parking or other vehicular activity on a regular basis throughout the season.

5. The vehicle control gate is located outside of the county right of way and maintains all setbacks of the zone.

6. The vehicle control gate does not impact existing utility easements.

7. The vehicle control gate is designed to permit unimpeded pedestrian, bicycle and equestrian access through the neighborhood and to existing public trails and walkways. A minimum gap of four feet (4') shall be allowed for these nonvehicular uses.

8. The vehicle control gate is designed to be minimal in height, scale, and mass to accomplish the goal of preventing unauthorized vehicle traffic, parking, and/or other impacts on the neighborhood. There shall be a minimum bottom clearance of two feet (2') from the bottom of the gate rail to the road surface. A diagonal structural support may cross through the two foot (2') opening to provide additional structural strength for the cantilevered gate and keep the overall gate mass to a minimum. The gate shall be no more than three feet (3') or thirty six inches (36") in height from the bottom rail to the top rail, although allowance may be made for decorative elements. The gate shall open inward allowing a vehicle to stop while not obstructing traffic on the roads. Design and materials shall result in a visually open gate. Any walls associated with the entry gate shall be pedestrian in scale and shall generally not exceed a height of five feet (5'). Column elements may be added for architectural interest, but these column elements shall not exceed a height of nine feet (9').

9. The method of access for emergency, service, and delivery vehicles shall meet all requirements of the county planning, engineering, and building departments and the Park City fire service district prior to issuance of a building permit for the gate construction.

10. If the gate is electronically operated, a receiver shall be installed that will permit emergency services access with a transmitter. If the gate can be locked, a lock box approved and provided by PCFSD and the county sheriff will be located on the exterior side of the gate to provide for emergency equipment access to the property through the gate.

11. Vehicle control gates on private streets are not permitted in all zones. Gates on private streets are allowed as a conditional use in the following zoning districts: RR, HS, MR, RC.

12. Any signs associated with the gate and/or walls are subject to section 10-8-2 of this chapter.

13. A vehicle control gate management plan shall be submitted for approval to address times and situations when the gate will be closed. Applicants shall agree to leave the gate open at all times, except as specified in the approved management plan. (Ord. 708, 12-10-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30044#s991258
10-8-13: HAZARDOUS LIQUIDS OR MATERIALS TRANSMISSION PIPELINES:linklink


A. Purpose: The purpose of this section is to mitigate the aesthetic and environmental impacts while minimizing potential damage to essential public facilities from hazardous liquids or materials transmission pipelines by:

1. Minimizing the likelihood of inadvertent or accidental damage from and to hazardous liquids or materials transmission pipelines due to external forces, such as construction activity, by ensuring early communication between those developing property and hazardous liquids or materials transmission pipeline operators.

2. Minimizing the risk of injury or damage to essential public facilities in the event of a hazardous liquids or materials transmission pipeline failure.

3. Mitigating potential adverse aesthetic impacts from the siting, construction, operation, and maintenance of a hazardous liquids or materials transmission pipeline.

4. Ensuring adequate protection of the environment in the event of a hazardous liquids or materials transmission pipeline failure.

5. Ensuring there is adequate protection of existing hazardous liquids or materials transmission pipelines from damage.

6. Limiting the exposure of land uses with on site populations that are difficult to evacuate, as well as land uses that serve emergency functions from the effects of a pipeline failure.

7. Supplementing existing federal and state regulations related to transmission pipeline corridor management.


B. Applicability: Regulations in this section apply to all proposed pipelines. Applications to install hazardous liquids or materials transmission pipelines shall be processed as conditional uses in all zone districts. To the extent any regulations within this section conflict with state or federal regulations or laws regulating hazardous liquids or materials transmission pipelines, those state or federal regulations and laws shall take precedence over these regulations. The county adopts by reference the definitions set forth in the hazardous liquid pipeline safety act of 1979, as amended, and recodified in 49 USC 601 and 49 CFR 190-199.


C. Definitions:

ESSENTIAL PUBLIC FACILITIES: Those public facilities which are required in order to provide basic health and safety services to residents and visitors of Summit County, including, without limitation, water sanitation plants, water treatment plants, sewer treatment plants, water storage facilities, telecommunication towers, police stations, fire stations, jails, courthouses, public health facilities, and emergency operations centers.

HAZARDOUS LIQUIDS OR MATERIALS: Any hazardous or toxic waste, substance or material, including petroleum, petroleum products, and anhydrous ammonia as defined by the comprehensive environmental response, compensation and liability act, 42 USCA section 9601 et seq.; the hazardous materials transportation act, 49 USCA section 5101 et seq.; the resource conservation and recovery act, 42 USCA section 6901 et seq.; the toxic substances control act, 15 USCA section 2601 et seq.; the federal water pollution control act, 33 USCA section 1251 et seq.; the hazardous liquid pipeline safety act, 49 USCA section 60101 et seq.; the Utah safe drinking water act, Utah Code Annotated section 19-4-101 et seq.; the Utah water quality act, Utah Code Annotated section 19-5-101 et seq.; the Utah solid and hazardous waste act, Utah Code Annotated section 19-6-101 et seq.; 49 CFR 195.2, and any successor state or federal environmental laws which define hazardous substances. Hazardous material, without limiting the scope of the foregoing, shall include, without limitation, hazardous liquids as defined by 49 CFR part 195.2, but shall not include natural gas, including liquefied natural gas.

HAZARDOUS LIQUIDS OR MATERIALS TRANSMISSION PIPELINE CORRIDOR OR TRANSMISSION PIPELINE CORRIDOR: The pipeline pathway defined by rights of way and easements in which the pipelines and facilities of a hazardous liquids or materials transmission pipeline are located, including rights of way and easements over and through public or private property.

HAZARDOUS LIQUIDS OR MATERIALS TRANSMISSION PIPELINE OR TRANSMISSION PIPELINE: A pipeline, whether above or below ground, which transports or is designed to transport hazardous liquids or materials. As used herein, a transmission pipeline includes all parts of those physical facilities through which hazardous material moves in transportation, including pipes, valves, and other appurtenances attached to pipes, compressor units, pumping stations, metering stations, regulator stations, delivery stations, holders, breakout tanks, fabricated assemblies, and other surface pipeline appurtenances. A hazardous liquids or materials transmission pipeline includes a "hazardous liquid pipeline" as defined in section 13-1-2 of this code.

HIGH CONSEQUENCE LAND USE: A land use that if located in the vicinity of a hazardous materials transmission pipeline represents an unusually high risk to life in the event of a transmission pipeline failure due to the characteristics of the inhabitants or functions of the use. High consequence land uses include:

1. Commercial childcare;

2. Houses of worship, including churches and other religious institutions;

3. Hospitals;

4. Residential care facilities;

5. Institutional uses including private schools and public or quasi-public buildings; and

6. Essential public facilities.

JURISDICTIONAL WETLANDS: An area delineated and approved as a wetland by the United States army corps of engineers consistent with Utah Code Annotated section 17-27a-520.

MANMADE OR NATURAL RESERVOIR: A natural or artificial water body where water is collected and stored for use.

QUASI-PUBLIC BUILDINGS: Buildings that are open to the general public.

SOURCE PROTECTION ZONE: The surface water source protection zones designated as water source protection zone 1, zone 2, and/or zone 3, as set forth in title 4, chapter 6 of this code.

TRANSMISSION PIPELINE OPERATOR: The company or person responsible for the operation, maintenance and management of the transmission pipeline.


D. Development Standards For The Construction Of New Hazardous Liquids Or Materials Transmission Pipelines:

1. Hazardous Liquids Or Materials Transmission Pipeline Corridor: A fifty foot (50') easement or right of way (or such other widths as shall be approved and accepted by the director and county engineer for any given property along the course of the transmission pipeline, based upon individual topographical and/or site condition requirements) shall be recorded in the office of the Summit County recorder for all new hazardous liquids or materials transmission pipelines.

2. Setbacks: In order to mitigate the aesthetic and environmental impacts of hazardous liquids or materials transmission pipelines, while minimizing potential damage or interruption to essential public facilities caused by transmission pipelines, the following setbacks shall be observed:

a. Except as set forth in subsection D3 of this section or unless approved by the county engineer as part of the conditional use permit process, where adequate mitigation measures have been demonstrated by the applicant to the satisfaction of the county engineer, hazardous liquids or materials transmission pipeline corridors shall not be located closer than two thousand five hundred feet (2,500') in zone 1, one thousand feet (1,000') in zone 2, and five hundred feet (500') in zone 3, from East Canyon Creek and any other water sources as set forth in an established source protection zone. However, conditions such as slope and terrain may require additional mitigation as identified in the conditional use permit process.

b. Except as set forth in subsection D3 of this section, hazardous liquids or materials transmission pipelines shall not be located closer than one hundred feet (100') from: 1) any jurisdictional wetland, and 2) any year round naturally occurring creek, stream, river, private or public well, or pond unless approved by the county engineer as part of the conditional use permit process where adequate mitigation measures have been demonstrated by the applicant.

c. An aboveground hazardous liquids or materials transmission pipeline facility or appurtenance shall not be located closer than one thousand feet (1,000') from any high consequence land use structure or essential public facility structure, unless otherwise approved by the county engineer based upon independent modeling.

3. Basis Of Conditional Use Permits: Crossings of jurisdictional wetlands, year round naturally occurring creeks, streams, ponds, East Canyon Creek and any other water sources as set forth in an established source protection zone, or manmade or natural reservoirs may be allowed as part of the conditional use permit process, on the following basis:

a. Open cut trench excavation of jurisdictional wetlands, and year round naturally occurring creeks, streams, rivers or ponds (except for the East Canyon Creek, Weber River, and the Provo River) based upon the best engineering practices is permitted at the discretion of the county engineer. However, if in the opinion of the county engineer, circumstances warrant, horizontal directional drilling or jack and bore construction methods as set forth in subsection D3b of this section may be required.

b. Crossing of East Canyon Creek and any other water sources as set forth in an established source protection zone, unless otherwise approved by the county engineer, shall be by horizontal directional drilling or jack and bore construction methods. Jack and bore sending and receiving pits must be located outside of the 10-year frequency storm limits and/or the required clearance distances from the thalweg, whichever is greater, and must have the approval of the FEMA floodplain administrator if within the one percent (1%) chance annual floodplain (100-year storm). Directional drilling pits shall be constructed well beyond the top of the bank. A soils engineering report and/or engineering geology report may be required at the discretion of the county engineer. Armoring of the pipeline may be required as determined by hydraulic modeling and approved by the county engineer. The consultant designing the crossing shall assure proper depth of utility to prevent exposure from localized scouring caused by improvements in the stream corridor. Applicant shall coordinate with the local floodplain administrator to determine appropriate scour protection depths. Pipeline minimum depth is ten feet (10') under channel grade to the top of the pipeline.

c. County engineer shall review the engineering spill analysis and associated hydraulic reports and may require additional isolation valves immediately adjacent to both sides of jurisdictional wetlands, year round naturally occurring creeks, streams, ponds, rivers, East Canyon Creek and any other water sources as set forth in an established source protection zone, or manmade or natural reservoir crossings in order to minimize spills or leaks.

4. Design Techniques: Every effort shall be made so that pipeline related equipment enclosures and other structures are appropriately designed to mitigate their visual impact on the natural environment. This may include the incorporation of stealth design techniques and/or other visual screening methods as approved by the director.

5. Applicability: Unless otherwise modified by this section, all criteria set forth in section 10-4-2, "Environmental Criteria", and section 10-4-3, "Critical Lands", of this title shall apply to hazardous liquids or materials transmission pipelines.

a. In the event that it becomes necessary for a hazardous liquids or materials transmission pipeline to traverse a hillside or natural grade slope of greater than thirty percent (30%), adequate mitigation shall be required to ensure the alignment is sensitively sited so as to encourage stabilization of the disturbed slopes, minimize excavation, and the conservation of the natural appearance and grade of the hillside. The transmission pipeline alignment shall be integrated into the site, using topography, vegetation and other reasonable techniques, in a manner that causes it to blend into the hillside. (Ord. 827-A, 1-7-2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30044#s1019329
10-8-14: HELICOPTERS/HELIPORTS:linklink


A. Definitions:

EMERGENCY SERVICES LANDING SITE: An area of land or water or a structural surface that is used, or intended for the use, for the landing and taking off of emergency service helicopters (police, fire, rescue, medevac, military or other approved helicopters) on a temporary basis as defined by federal aviation regulation part 157.

HELI-SKIING: Off trail, downhill skiing or snowboarding, and associated activities, that are accessed by a helicopter which uses an approved helicopter landing site.

HELICOPTER: A heavier than air aircraft supported in flight chiefly by the reactions of the air on one or more power driven rotors on substantially vertical axes.

HELICOPTER; AIR TAXI: A small, short haul commercial helicopter, typically with a seating capacity of twenty (20) or fewer and an operating range of about two hundred fifty (250) miles, which makes short flights on demand and uses an approved helicopter landing site.

HELICOPTER LANDING SITE: An area of land or water or a structural surface that is used, or intended for the use, for the landing and taking off of helicopters within the Snyderville Basin planning district, subject to the specific criteria set forth in subsection B of this section. A helicopter landing site is not a heliport.

HELICOPTER; PRIVATE USE: A private use helicopter which uses an approved helicopter landing site.

HELICOPTER; UTILITY/CONSTRUCTION: Helicopter use for purposes of residential or commercial construction, or for utility construction or repair, which uses an approved helicopter landing site.

HELIPORT: The area of land, water, or a structure used or intended to be used for the landing and takeoff of helicopters, together with appurtenant buildings, fuel systems and facilities.

HOSPITAL HELIPORT: A heliport limited to serving helicopters engaged in air ambulance, or other hospital related functions. A designated helicopter landing area located at a hospital or medical facility is a heliport and not a medical emergency landing site.

MEDICAL EMERGENCY LANDING SITE: An unprepared site at or near the scene of an accident or similar medical emergency on which a helicopter may land to pick up a patient in order to provide emergency medical transport. A medical emergency landing site is not a heliport as defined by the FAA advisory circular.

PRIVATE USE: A use limited to the helicopter activities of an individual owner or family and occasional invited guest.


B. Helicopter Landing Site Requirements: All helicopter landing sites shall meet the following specific criteria:

1. No part of the takeoff/landing pad surface shall be located nearer than one hundred feet (100') from any nonrelated residential use property lot line. In the event that the planning commission determines that additional health and safety concerns exist, it may require a larger setback, up to two hundred feet (200').

2. All facilities shall be designed and operated in strict compliance with all applicable state and federal laws and regulations.

3. Fueling systems which may be required due to the remoteness of the site must be authorized by the Park City Fire Marshal.

4. All approach and departure flight paths are subject to FAA standards.

5. To the extent reasonably possible, all helicopters must adhere to the Helicopter Association International guidelines related to noise abatement as published in the "Fly Neighborly Guide", as amended from time to time, and the helicopter manufacturer's noise abatement guidelines.


C. Exceptions: Any helicopter related uses not otherwise set forth in the use table in section 10-2-10 of this title, are prohibited with the following exceptions:

1. Emergency services landing site.

2. Medical emergency landing site.

3. Agricultural weed and pest control.

4. Agricultural livestock removal/wildlife management.

5. Emergency public utility repair. (Ord. 860, 8-31-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30044#s1145476
10-8-15: MOBILE FOOD BUSINESSES:linklink


A. Location:

1. When allowed in the use table or within the Resort Center (RC) and Town Center (TC) Zones, mobile food businesses shall:

a. Be located on private property;

b. Be parked on non-landscaped areas;

c. Be parked so that the mobile food business vehicle does not block driveways of existing buildings or uses, or in such a manner as to create a traffic hazard; and

d. Not interfere with internal parking lot circulation.

2. Mobile food businesses are prohibited:

a. In Residential Zones except when part of a special event as defined by title 3, chapter 4 of this Code or as part of a private party or function.


B. Business Activity To Be Temporary:

1. All business activity related to mobile food businesses shall be temporary and subject to the requirements below:

a. A mobile food business may not park in one individual location for more than twelve (12) hours during any twenty four (24) hour period;

b. The mobile food business shall be occupied by the owner or operator at all times; and

c. No overnight parking is allowed.


C. Design And Operation Requirements:

1. Mobile food businesses shall comply with the following design and operation requirements:

a. The operator shall provide garbage and recycling containers that shall be removed from the site when the mobile food business leaves the site;

b. The operator shall not discharge or dispose of any substance, material, food, or waste into the storm drain system;

c. The mobile food business shall not have a drive-through;

d. Grounds utilized by a mobile food business shall be maintained in a clean and attractive condition;

e. An operator may provide tables and chairs provided they do not block the public sidewalk or any other part of the public right-of-way. Tables and chairs shall be removed from the site when the mobile food business leaves the site;

f. Any enclosures or canopy extensions integrated into the design of the mobile food business vehicle shall not project onto the public sidewalk or any other part of the public right-of-way not authorized by the County Engineering Department;

g. A mobile food business is allowed one sign that is not physically attached to the vehicle. This sign must be placed within twenty feet (20') of the vehicle, and in no way obstruct pedestrian or vehicular circulation; and

h. All mobile food businesses must comply with all State and local health regulations and permitting before receiving approval to operate. (Ord. 885, 11-28-2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30044#s1317912
10-8-16: MOBILE FOOD COURTS:linklink


A. Conditional Use Permit Required:

1. Operating a mobile food court is unlawful without first obtaining conditional use approval subject to the design and operation requirements written below as well as those in section 10-3-5 of this title.


B. Design And Operation Requirements:

1. Mobile food courts are for the use of mobile food business only;

2. As part of the conditional use process, the owner/operator of the mobile food court shall receive approval of a master sign plan. The plan shall provide information relating to permanent signs for the court, as well as individual signs for each business;

3. As part of the conditional use process the owner/operator shall provide a detailed site plan showing:

a. The location and orientation of each vendor pad;

b. The location of any paving, trash/recycling enclosures, landscaping, planters, fencing, canopies, umbrellas or other table covers, barriers or any other site requirement by the Building Code, or Summit County Health Department;

c. The location of all existing and proposed seating areas on site;

d. The circulation route of all pedestrian and vehicle traffic on the site; and

e. The mobile food court shall not occupy required parking stalls of any other use on the site.

4. All activities will be conducted on private property either owned or controlled by the applicant and none of the activities will occur on any public right-of-way;

5. Garbage and recycling containers shall be provided by the owner/operator;

6. The proposed mobile food court will not impede pedestrian or vehicular traffic in the public right-of-way; and

7. A single source of live music or music played over loudspeakers is allowed in the mobile food court provided the decibel level conforms to the Summit County noise control ordinance.

8. All mobile food businesses must comply with all State and local health regulations and permitting before receiving approval to operate. (Ord. 885, 11-28-2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30044#s1317913