Chapter 18.84
SUPPLEMENTARY REGULATIONSlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382
18.84.010: EFFECT OF SUPPLEMENTARY REGULATIONS:
18.84.020: YARD SPACE FOR ONE BUILDING ONLY:
18.84.030: EACH LOT TO INCLUDE ONLY ONE DWELLING:
18.84.040: SALE OR LEASE OF REQUIRED SPACE:
18.84.050: CREATION OF ILLEGAL PARCELS PROHIBITED:
18.84.060: YARDS TO BE UNOBSTRUCTED:
18.84.070: STORAGE OF COMMERCIAL VEHICLES IN RESIDENTIAL ZONES PROHIBITED:
18.84.080: STORAGE OF TRASH, ABANDONED, WRECKED, OR JUNKED VEHICLES; IMPEDING STREET; MISCELLANEOUS MATERIALS:
18.84.090: ADDITIONAL HEIGHT ALLOWED FOR PUBLIC BUILDINGS:
18.84.100: HEIGHT OF MAIN BUILDINGS AND FENCES:
18.84.110: DRAINAGE:
18.84.120: CLEAR VIEW OF INTERSECTING STREETS:
18.84.130: FENCING STANDARDS:
18.84.140: LOTS TO ABUT UPON A PUBLIC STREET:
18.84.150: EXCEPTION TO FRONT AND SIDE SETBACK REQUIREMENTS:
18.84.160: RESERVED:
18.84.170: CONCESSIONS IN PUBLIC PARKS AND PLAYGROUNDS:
18.84.180: LOCATION OF PROPANE TANKS:
18.84.190: PROHIBITIONS:
18.84.200: MANUFACTURED AND MOBILE HOMES PROHIBITED; EXCEPTIONS:
18.84.210: LOCATION OF GASOLINE/DIESEL PUMPS AND FUEL STORAGE TANKS:
18.84.211: STORAGE OF MOBILE AND MANUFACTURED HOMES PROHIBITED:
18.84.220: RESERVED:
18.84.230: AREA OF ACCESSORY BUILDINGS:
18.84.240: KEEPING OF ANIMALS ON LOTS WITHOUT ANIMAL RIGHTS:
18.84.250: MOBILE HOME PARKS:
18.84.260: TRAVEL TRAILER COURT REGULATIONS (REP. BY ORD. 2007-11, 5-15-2007):
18.84.270: OFF STREET PARKING AND UNLOADING FACILITIES:
18.84.280: MOTOR VEHICLE ACCESS:
18.84.290: LANDSCAPING:
18.84.300: RELOCATED BUILDINGS:
18.84.310: WIRELESS TELECOMMUNICATION FACILITIES:
18.84.320: SITE PLAN REVIEW PROCESS AND BONDING:
18.84.330: AMATEUR COMMUNICATIONS/HAM RADIOS:
18.84.340: MAJOR STRUCTURES TO BE APPROVED; SITE INVESTIGATION REQUIRED:
18.84.350: BUILDINGS TO BE ON ZONING LOT:
18.84.360: GRANTING OF SPECIAL EXCEPTIONS, VARIANCES, NONCONFORMING USES, AND INTERPRETATION OF THE ZONING ORDINANCES:
18.84.370: HEALTHCARE HOUSING PROJECTS (NURSING HOMES AND RESIDENTIAL CARE FACILITIES):
18.84.380: HOME OCCUPATIONS:
18.84.390: MINIMUM LEVEL OF IMPROVEMENTS TO BE INSTALLED BEFORE BUILDING PERMITS MAY BE ISSUED:
18.84.395: RANCH DEVELOPMENT:
18.84.400: DEVELOPMENT AGREEMENTS:
18.84.410: OWNER OCCUPIED ACCESSORY APARTMENTS:
18.84.415: MULTIPLE KITCHENS PERMITTED:
18.84.420: ADEQUATE PUBLIC FACILITIES:
18.84.430: PORTABLE SHIPPING AND CARGO STORAGE CONTAINERS:
18.84.440: RESIDENTIAL SOLAR ENERGY DEVICES:
18.84.450: FLAGPOLE AND FLAG:
18.84.460: APPEALS:

18.84.010: EFFECT OF SUPPLEMENTARY REGULATIONS:linklink


The regulations set forth in this chapter qualify or supplement, as the case may be, the zone regulations appearing elsewhere in this title. (Ord. 2002-05, 3-20-2002)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259057
18.84.020: YARD SPACE FOR ONE BUILDING ONLY:linklink

No required yard or other open space around an existing building, or which is hereafter provided around any building, which is needed to comply with the provisions of this title shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing the yard or open space on the lot whereon a building is to be erected or established. (Ord. 2002-05, 3-20-2002)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259058
18.84.030: EACH LOT TO INCLUDE ONLY ONE DWELLING:linklink

Only one building which contains a dwelling shall be located and maintained on a "lot" as defined in this title. (Ord. 2002-05, 3-20-2002)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259059
18.84.040: SALE OR LEASE OF REQUIRED SPACE:linklink

No space needed to meet the width, yard, area, coverage, parking or other requirements of this title for a lot or building may be sold or leased apart from such lot or building unless other space so complying is provided. (Ord. 2002-05, 3-20-2002)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259060
18.84.050: CREATION OF ILLEGAL PARCELS PROHIBITED:linklink

No parcel of land shall be severed from another parcel of land which would leave either parcel with less than the minimum frontage and area requirements for the zone in which it is located. (Ord. 2002-05, 3-20-2002)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259061
18.84.060: YARDS TO BE UNOBSTRUCTED:linklink

Except for landscaping, every part of a required yard shall be open to the sky and unobstructed except for permitted accessory buildings as outlined in the regulations for each applicable zone. (Ord. 2013-05, 6-18-2013, eff. 7-12-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259062
18.84.070: STORAGE OF COMMERCIAL VEHICLES IN RESIDENTIAL ZONES PROHIBITED:linklink

The storage of commercial vehicles over ten thousand (10,000) gross vehicle weight (except farm trucks) and the storage of construction equipment such as bulldozers, graders, cement mixers, compressors, dump trucks, etc., shall not be permitted on any lot in any residential zone, except that construction equipment may be stored on a lot during construction of a building thereon, but not to exceed one year. (Ord. 2002-05, 3-20-2002)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259063
18.84.080: STORAGE OF TRASH, ABANDONED, WRECKED, OR JUNKED VEHICLES; IMPEDING STREET; MISCELLANEOUS MATERIALS:linklink


A. As used in this section "inoperable vehicle" means:

1. A vehicle that is not currently registered and insured in accordance with state law;

2. A vehicle of any kind or a readily identifiable part of a vehicle of any kind that is in a condition that appears wrecked, junked, partially dismantled, inoperative, or abandoned; and

3. For the purpose of this section inoperable vehicle does not include agricultural equipment.


B. Except as provided under subsection C of this section, a person may not park, store, leave or permit the parking, storing, or leaving of an inoperable vehicle, whether attended or not, upon any private or public property within the city limits of Mapleton City in excess of seventy two (72) hours.


C. The provisions of subsection B of this section do not apply if:

1. The vehicle or part is not visible from the street or sidewalk;

2. The vehicle or part is stored within a building or behind an opaque screening or hedge; and

3. Not more than the visual equivalent of two (2) vehicles or parts are stored on the property.


D. A violation of the provisions of subsection B of this section is a nuisance, detrimental to the health, safety, and welfare of Mapleton City residents.


E. 1. A person may not store trash, used materials, junk, household furniture, appliances, scrap material, equipment or equipment parts in an open area visible from the street or visible to neighbors in an abutting lot.

2. The accumulation of more than one item under subsection E1 of this section constitutes a junkyard and must be removed from the property or stored within an enclosed building.


F. A person may not store commercial goods or materials on private property unless it is permitted by the underlying zone.


G. A trash storage container with a one hundred (100) gallon capacity and larger shall be maintained in a permanent location approved by the planning commission in conjunction with approval of a project plan under the following requirements:

1. A trash storage container shall:

a. Be screened with durable materials architecturally compatible with the principal structure or perimeter fence/wall treatment located on the lot served; and

b. Not be visible from the street or to neighbors in an abutting lot.

2. A trash storage container located on a lot used for nonresidential purposes, and which abuts a residential zone, shall meet the setback, screening, and landscaping requirements of the underlying zone.


H. The requirement of subsection G of this section shall be applied according to the following considerations listed in order of importance:

1. Ease of access by trash removal vehicles;

2. Setback and screening of trash storage containers to:

a. Minimize any potential odor nuisance; and

b. Obscure the view from any abutting lot or street; and

3. Ease of access by users of trash storage containers.


I. The provisions of subsections G and H of this section do not apply to one hundred (100) gallon or less trash storage containers provided by Mapleton City for residential use.


J. 1. A person may not block or impede a public street, sidewalk or park strip, except for legally parking a vehicle or temporarily placing a trash container on the shoulder of the public street for trash pick up as directed by the city.

2. The prohibitions under subsection J1 of this section include the placement of storage containers, basketball stands, ramps, or any other object, onto a public street, sidewalk, or park strip.

3. Except as provided under subsection J4 of this section, a person may not place a mailbox or a related structure on a sidewalk or public street.

4. A mailbox and its related structure may be placed on a sidewalk if:

a. No park strip exists; and

b. The sidewalk is widened around the mailbox and its related structure, if necessary, to maintain a clear width of walking surfaces, the greater of:

(1) At least thirty six inches (36"); or

(2) In compliance with the Americans with disabilities act (ADA) at the time of the installation of the mailbox or its related structure; and

c. The mailbox or its related structure do not present a hazard for pedestrians using the sidewalk.


K. 1. A person may not maintain or store on any property within Mapleton City:

a. Injurious or noxious weeds;

b. Garbage;

c. Refuse; or

d. Unsightly or deleterious objects or structures.


L. A person who violates any of the provisions of this section is guilty of a class B misdemeanor. (Ord. 2008-19, 11-19-2008, eff. 2-4-2009)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259064
18.84.090: ADDITIONAL HEIGHT ALLOWED FOR PUBLIC BUILDINGS:linklink

Public buildings and churches may be erected to any height provided the building is set back from required building setback lines a distance of at least one foot (1') for each additional foot of building height above the maximum height otherwise permitted in the zone in which the building is located. (Ord. 2002-05, 3-20-2002)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259065
18.84.100: HEIGHT OF MAIN BUILDINGS AND FENCES:linklink


A. No dwelling shall be erected which has a ceiling height of less than seven feet six inches (7'6") or one story above grade, whichever is greater.


B. No fence or wall shall be constructed higher than forty two inches (42") above the street in any required front or side yard setback that fronts on a street, with a maximum height of six feet (6'). (Ord. 2002-05, 3-20-2002)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259066
18.84.110: DRAINAGE:linklink

Water from rooftops or lots shall not be allowed to drain onto adjacent lots. (Ord. 2002-05, 3-20-2002)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259067
18.84.120: CLEAR VIEW OF INTERSECTING STREETS:linklink

In all zones which require a front yard, no obstruction which will obscure the view of approaching traffic shall be placed on any corner lot within a triangular area formed by a line connecting at points sixty feet (60') back on the centerline of the intersecting streets. (Ord. 2002-05, 3-20-2002)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259068
18.84.130: FENCING STANDARDS:linklink

The term "fence" shall include any tangible barrier, latticework, screen, wall, hedge, or continuous growth of shrubs or trees with the purpose of, or having the effect of, preventing passage or view across the fence line. Notwithstanding the provisions of this section, a fence, wall, screen, hedge or other material serving as a fence, may not create a sight distance hazard to vehicular or pedestrian traffic as determined by the city engineer.


A. Front Yard/Side Yard: A fence made of materials which are sight obscuring may be built to a maximum of three feet (3') in any required front/side yard perimeter. A fence made of materials which are not sight obscuring (at least 50 percent open) may be built to a maximum of four feet (4') in any required front/side yard. If an existing home is located on the property, the front/side yard perimeter is measured from the front property line to the front edge of the existing home. The fencing may slope upward to connect with a higher rear yard fence. The length of a sloped fence section shall not exceed a maximum of ten feet (10').


B. Rear Yard: A fence in a rear yard may be built to a maximum of six feet (6'). If an existing home is located on the property, the rear yard perimeter is measured from the front edge of the existing home to the rear property line.


C. Corner Lots: A fence not more than six feet (6') high may be constructed in the rear yard as defined in subsection B, "Rear Yard", of this section adjacent to a public street on a corner lot, if it does not obstruct clear view of intersecting streets as defined in subsection D, "Clear Sight Triangle", of this section.


D. Clear Sight Triangle: At intersections of alleys and driveways (this includes private driveways and adjacent private driveways), the triangle shall be defined by drawing a line between two (2) points that are a minimum of fifteen feet (15') from the intersection along the property lines. At intersections of public streets, the triangle shall be defined by drawing a line between the two (2) points that are a minimum of thirty feet (30') from the intersection along the property lines.


E. Larger Clear Sight Triangle: Larger clear vision triangles may be required where local streets enter arterial streets, major collector streets, or parkways, except that "clear vision triangles" need not be maintained at signed or signalized intersections in the community center. "Clear vision triangles" may also be waived at signed or signalized intersections in neighborhood centers.


F. Grade Differences: Where there is a difference in the grade of the properties on either side of a fence, wall or other similar structure, the height of the fence shall be measured from the natural grade of the property upon which it is located.


G. Retaining Walls: Where a retaining wall protects a cut below or a fill above the natural grade and is located on the line separating lots or properties, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed.


H. Double Frontage Lots: A fence or wall may be erected in the rear yard of a double frontage lot.


I. Fire Hydrants And Mailboxes: Fire hydrants and mailboxes shall be accessible from the public streets and may not be enclosed behind fences. Location of the fire hydrant shall be in accordance with the uniform fire code.


J. Exceptions: The provisions of this section shall not apply to certain other fences including tennis court backstops or patio enclosures as approved by the planning commission, if it is determined that the fences do not create a hazard or violation of other sections of the city ordinances. (Ord. 2009-08, 7-15-2009, eff. 9-18-2009)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259069
18.84.140: LOTS TO ABUT UPON A PUBLIC STREET:linklink

At least one side of each zoning lot shall abut upon and have direct access to a designated city street. The minimum lot width and the length of the side abutting on the street shall conform to the minimum standards of the zone in which it is located. (Ord. 2002-05, 3-20-2002)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259070
18.84.150: EXCEPTION TO FRONT AND SIDE SETBACK REQUIREMENTS:linklink

The setback from the street for any dwelling located between two (2) existing dwellings in any residential zone may be the same as the average for said two (2) existing dwellings, provided the existing dwellings are on the same side of the street, and are located within one hundred fifty feet (150') of each other. (Ord. 2002-05, 3-20-2002)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259071
18.84.160: RESERVED:linklink
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259072
18.84.170: CONCESSIONS IN PUBLIC PARKS AND PLAYGROUNDS:linklink

Concessions, including, but not limited to, amusement devices, recreational buildings and refreshment stands, shall be permitted on a public park or playground when approved by the city council. (Ord. 2002-05, 3-20-2002)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259073
18.84.180: LOCATION OF PROPANE TANKS:linklink

All propane tanks shall be located in accordance with the current edition of the NFPA (National Fire Protection Association) standards. (Ord. 2002-05, 3-20-2002)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259074
18.84.190: PROHIBITIONS:linklink

Uses of land which are not expressly permitted within a zone are expressly prohibited therein except that properties and land owned by the state shall be subject only to the provisions of the current Utah Code Annotated, and except that the provisions of this title shall not apply to properties owned by the United States government. Any person, firm or corporation who may obtain state or federal properties by purchase, lease or other arrangement shall utilize such properties in accordance with the provisions of this title. (Ord. 2002-05, 3-20-2002)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259075
18.84.200: MANUFACTURED AND MOBILE HOMES PROHIBITED; EXCEPTIONS:linklink

It shall be unlawful for any person to place, keep, or maintain any manufactured dwelling or mobile home within the city and use the same for human habitation except in compliance with one or more of the following conditions:


A. When located in a licensed mobile home park.


B. When placed upon a lot and used as a temporary dwelling during the construction of a permanent residence on said lot, subject to compliance with all of the following conditions:

1. A building permit for the construction of the permanent residence shall have been issued prior to the placement of the mobile or manufactured home.

2. The mobile or manufactured home shall be connected to an approved water and sewage disposal system.

3. A bond or other financial assurance shall have been posted with the city guaranteeing removal of the mobile or manufactured home upon completion of construction. The amount of such bond shall be set by resolution of the city council.

4. The right to occupy said mobile or manufactured home shall cease at the end of one year from the date of issuance of the building permit or at such time as the final inspection is granted on the permanent dwelling, whichever occurs first.


C. When placed on a lot and used as a temporary office during the construction or expansion of commercial or industrial use on the same lot, subject to the prior approval of the city council and compliance with all of the following conditions:

1. A building permit for the expansion or construction of the proposed structure shall have been issued prior to placement of the mobile or manufactured home.

2. The mobile or manufactured home shall be connected to an approved water and sewage disposal system or the occupants shall have reasonable access to such facilities.

3. A bond or other financial assurance shall have been posted with the city guaranteeing removal of the mobile or manufactured home upon completion of construction. The amount of such bond shall be as set by resolution of the city council.

4. The right to occupy said mobile or manufactured home shall cease at the end of one year from the date of issuance of the building permit or at such time as the final inspection is granted on the permanent structure whichever occurs first. (Ord. 2002-05, 3-20-2002)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259076
18.84.210: LOCATION OF GASOLINE/DIESEL PUMPS AND FUEL STORAGE TANKS:linklink

All gasoline/diesel pumps and fuel storage tanks, shall comply with all requirements of this code, the current version of the international fire code, the current version of the National Fire Protection Association codes, and any applicable regulations of the state of Utah and federal regulations. In case of conflicting provisions in any of the above listed regulations, the most strict regulations shall apply. The following standards also apply:


A. All gasoline/diesel pumps and fuel storage tanks shall be located no further than five hundred feet (500'), but no closer than seventy five feet (75') to a fire hydrant. The hydrant must be accessible from the abutting public street.


B. Fueling yards must be accessible to the fire department by crash gate, key, or entry code.


C. Aboveground fuel storage tanks must have a twenty five foot (25') clear radius from combustible materials, storage areas, parking/backing areas, and buildings on the same lot, and shall have a fifty foot (50') setback from any property line.


D. Aboveground fuel storage tanks shall have a maximum height of twenty feet (20').


E. All underground fuel storage tanks and associated pump islands must have a minimum setback of twenty feet (20') from a property line and adjacent buildings.


F. The maximum number of aboveground or underground fuel storage tanks on a lot shall be two (2) separate tanks with a maximum capacity of ten thousand (10,000) gallons each.


G. A sight obscuring fence of six feet (6') in height shall be required surrounding the fuel storage tanks and associated vehicle fueling areas, except in the case of a commercial service station when the sight obscuring fence around the fueling area shall not be required. All required fencing shall be masonry, vinyl, chainlink with closely prewoven vinyl privacy slats, or other closely equivalent materials approved by the planning commission. The fence may be topped by a set of 3-strand barbed wire up to twelve inches (12") in height. The fenced area must have either a hard surface or compacted gravel surface.


H. A primary and secondary containment is required for all fuel storage tanks and each must hold one hundred percent (100%) of the capacity of the fuel storage tanks. The primary containment shall be a double wall tank. The secondary containment shall be an impermeable diked area. The diked area shall include a sump with an oil-water separator to collect rainwater, and the sump shall be surrounded by an impermeable underground barrier. The sump shall include means to remove the water periodically by pumping when filled. The sump shall not be connected to any sewer, storm drain, or other outlet. The pumped water shall be tested for contaminants and disposed of as directed by the fire inspector.


I. Dispensing shall be from a listed pump, drawing from the top of the tank. Gravity discharge tanks are prohibited. The dispensing location may not be less than twenty feet (20') from any building, property line, or fixed sources of ignition. Tank openings, pipes, and valves shall be arranged to prevent siphoning.


J. An overfill prevention system shall be provided for each tank. During tank filling operations, the system shall:

1. Provide an independent audible or visual alarm signal for notifying the person filling the tank that the fluid level has reached ninety percent (90%) capacity.

2. Automatically shut off the flow of fuel to the tank when the quantity of liquid in the tank reaches ninety five percent (95%) capacity. For a rigid hose fuel delivery system, an approved means shall be provided to empty the fill hose into the tank after the automatic shutoff device is activated.


K. When a fuel storage tank and pumps are out of service for ninety (90) days or more:

1. Flammable or combustible liquids shall be removed from the tank.

2. All piping, including fill line, gauge opening, vapor return and pump connections shall be capped or plugged and secured from tampering.

3. Vent lines shall remain open and operable.


L. If an aboveground tank and pumps are out of service for one year or more, the tank and pumps shall be removed.


M. When removing a tank and pumps:

1. Flammable and combustible liquids shall be removed from the tank and all piping.

2. Piping at the tank openings shall be disconnected when no longer used.

3. All underground piping shall be removed.

4. Tank openings shall be capped or plugged, leaving a 0.125 inch to one-fourth inch (1/4") diameter opening for pressure equalization.

5. Tanks must be purged and inverted prior to removal.

6. All exterior above grade fill and vent piping shall be permanently removed. Exception: Piping associated with bulk plants, terminal facilities and refineries. Disposal methods for tanks shall be disposed of in accordance with federal, state and local regulations. (Ord. 2013-01, 1-15-2013, eff. 2-7-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259077
18.84.211: STORAGE OF MOBILE AND MANUFACTURED HOMES PROHIBITED:linklink

It shall be unlawful to place, keep, maintain or store any mobile home or manufactured home within the city except in a properly licensed mobile home sales establishment. Provided that this section shall not be interpreted so as to prohibit the placement and storage of recreation vehicles (i.e., campers, travel trailers, fifth wheel, boats, etc.) adjacent to a dwelling by the owner or occupant thereof. (Ord. 2002-05, 3-20-2002)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259078
18.84.220: RESERVED:linklink
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259079
18.84.230: AREA OF ACCESSORY BUILDINGS:linklink

No accessory buildings or group of accessory buildings in a residential zone shall cover more than thirty percent (30%) of the rear yard. (Ord. 2002-05, 3-20-2002)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259080
18.84.240: KEEPING OF ANIMALS ON LOTS WITHOUT ANIMAL RIGHTS:linklink


A. Chickens: Subject to the requirements of this section and any other applicable provision of this code, hen chickens (and no roosters or other types of fowl) regardless of age, in the amount set forth below, may be kept on a lot or parcel of land for the sole purpose of producing eggs.

1. The number of hen chickens which may be kept shall be limited based on the size of the lot or parcel as follows:

a. Lots with at least twenty thousand (20,000) square feet: Up to sixteen (16) chickens for the first twenty thousand (20,000) square feet and up to eight (8) additional chickens for each ten thousand (10,000) square feet of lot area.

b. Lots with between fourteen thousand five hundred (14,500) and nineteen thousand nine hundred ninety nine (19,999) square feet: Up to twelve (12).

c. Lots with between ten thousand (10,000) and fourteen thousand four hundred ninety nine (14,499) square feet: Up to eight (8).

d. Lots with between six thousand (6,000) and nine thousand nine hundred ninety nine (9,999) square feet: Up to four (4).

e. Lots with less than five thousand nine hundred ninety nine (5,999) square feet: None.

2. The principal use on the lot or parcel shall be a single-family dwelling.

3. Chickens shall be confined within a secure enclosure that includes a coop.

a. The coop shall be covered, weatherproof, and well ventilated.

b. The enclosure, including the coop, shall be predator resistant.

c. The coop shall have a minimum floor area of at least two and one-half (21/2) square feet per chicken.

d. If chickens are not allowed to roam within an enclosure or a properly fenced rear yard outside the coop, the coop shall have a minimum floor area of six (6) square feet per chicken.

e. The coop shall be structurally sound and located in a rear yard at least thirty feet (30') from any neighboring residential structures. The coop shall also meet the minimum setback for accessory structures within this zoning district and shall not be located nearer any street than the primary residential structure. Because a corner lot technically does not include a rear yard, the owner of a corner lot may choose one of the "side" yards to function as a rear yard for the purposes of keeping chickens and locating the coop.

f. The coop and enclosure shall be maintained in a neat and sanitary condition and shall be cleaned as necessary to prevent any odor detectable at a property line.

g. No chicken shall be permitted to roam outside the coop or enclosure except that a rear yard enclosed with a six foot (6') fence with links or slats spaced at intervals small enough to keep chickens enclosed and predators out.

4. Chicken feed shall be stored in rodent and predator proof containers.

5. Water shall be available to the chickens at all times.

6. Chickens shall not be slaughtered on site unless it can be done humanely and not within the public view. (Ord. 2016-06, 9-7-2016, eff. 10-3-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259081
18.84.250: MOBILE HOME PARKS:linklink


A. Purpose: The owners of a tract of land of not more than five (5) acres, which land lies in the R-3 zone, in which mobile home parks are a conditional use, may construct a mobile home park thereon upon compliance with the regulations as set forth in this section, and title 17 of this code on subdivisions.

The intent of this provision is:

1. To help provide a home for every family, especially lower and middle income families;

2. To permit variety and flexibility in land development for residential purposes by allowing the use of mobile homes in certain zones within the city;

3. To do so in a manner that will promote the objectives and purposes of this zoning title and the general plan and to protect the integrity and characteristics of the zones contiguous to those in which mobile home parks are located.


B. Mobile Homes: Each mobile home that is set up within the mobile home park shall have been manufactured under HUD standards and certified by HUD. Each mobile home shall be anchored by six (6) tie downs (screw anchor with cable tie down or equivalent) around the outside perimeter of the unit.


C. Streets:

1. All mobile home parks shall be provided with safe and convenient vehicular access from abutting public streets. Mobile home spaces shall not have direct access to public streets.

2. All streets in a mobile home park shall have a paved width of not less than fifty feet (50'), including curb, gutter, and sidewalk. All streets shall be constructed in accordance with the standard specifications of the city for construction of city streets, including, but not limited to, type and thickness of base, compactions, thickness and type of pavement. No street shall be constructed until the design therefor has been approved by the city engineer or the superintendent of the street department. Before giving such approval, the engineer or superintendent may require submission of the results of California bearing ratio tests of the subgrade at such locations as the engineer or superintendent may specify.

3. All streets shall be designed and constructed to provide adequate surface drainage. The maximum grade on any street shall not exceed eight percent (8%).

4. Dead end streets shall be allowed only under the following conditions:

a. The dead end street shall not exceed two hundred fifty feet (250') in length measured to the center of the cul-de-sac. Each such dead end street shall have a cul-de-sac that conforms to the Mapleton City standard drawings.

b. A temporary dead end street may be constructed with a length not greater than one mobile home space if it is intended to continue the dead end street into a future phase of the mobile home park to connect to a future public street.

5. All street intersections within mobile home parks shall be as nearly as practicable at right angles. There shall be no offset intersections or intersections with more than four (4) legs.


D. Curb, Gutter And Sidewalks:

1. All streets in a mobile home park shall have concrete curb, gutter and sidewalk on each side. The curb and gutter shall be two feet (2') in width and a roll top, drive over design. The sidewalk shall be four feet (4') in width. The curb, gutter and sidewalk shall have a thickness of six inches (6") throughout the mobile home park. All concrete shall conform to standard city specifications for curb, gutter and sidewalk.

2. Each mobile home space shall be connected to the sidewalk along the street or to a paved parking space by a paved walkway with a width of not less than four feet (4').


E. Common Area: Each mobile home park shall include a common area no less than one-tenth (1/10) of the size of the project and be landscaped with grass, trees, and shrubs. The planning commission may require playground equipment to be installed in the common area.


F. Landscaping:

1. Each mobile home lot shall be required to be landscaped with grass as a minimum around each unit.

2. A ten foot (10') open area around the park perimeter shall be provided, as determined by the design review committee.


G. Parking:

1. Each mobile home space shall include a paved parking space with a minimum size of eighteen feet by eighteen feet (18' x 18'). The parking space shall be paved with concrete and shall be provided with a paved access to the street.

2. Each mobile home park shall also include visitor parking in addition to that required by subsection G1 of this section. There shall be a minimum of one space of visitor parking for each four (4) mobile home spaces (or portion thereof) in the mobile home park. All visitor parking shall be located within a reasonable distance of a group of mobile home spaces as approved by the planning commission. Each visitor parking space shall be a minimum of ten by twenty feet (10 x 20').


H. Utilities:

1. Each mobile home space shall be provided with a connection to the municipal sanitary sewer system. All such connections shall be constructed and made in accordance with standard city specifications and in compliance with all health regulations.

2. All sewer lines within a mobile home park shall be constructed within a street and shall be constructed to standard city specifications for sewer lines in residential subdivision. Sewer lines shall be of such size as the city engineer shall determine to be necessary to accommodate anticipated flows.

3. All off site sewer lines and related facilities which may be required as a condition of approval of a mobile home park shall be constructed in accordance with standard city specifications.

4. Fire hydrants shall be constructed within or adjacent to a mobile home park as required by the fire chief to comply with the fire code; provided however, the minimum spacing between hydrants, when measured along the street, shall be four hundred feet (400').

5. The mobile home park may provide a water meter for each mobile home space or a master meter for all water supplied to the mobile home park. Rates and charges for connection to the culinary water system and use thereof shall be as determined by the current rate resolution adopted by the city council.


I. Other Utilities: Each mobile home space shall be provided with underground electric, natural gas, and telephone service. All other utility and communication systems which may be installed shall also be underground.


J. Street Lighting:

1. Street lighting within a mobile home park shall be designed and installed as approved by the planning commission.

2. Street lighting at potential hazardous locations, such as intersections, steps, or ramps shall be designed and installed as approved by the planning commission.


K. Storage Area: A mobile home park shall include an area within the mobile home park for the storage of boats, campers, trailers and similar items. The storage area shall include one space for each five (5) mobile home spaces (or portion thereof) in the mobile home park, which shall be in addition to all parking required by subsection G of this section. The storage area shall be enclosed in a fence which complies with section 18.84.100 of this chapter.


L. Survey Monuments: Permanent survey monuments shall be installed within each mobile home park to the same extent as required in residential subdivision.


M. Lot Requirements:

1. Each mobile home space shall be minimum of four thousand (4,000) square feet in area.

2. Each mobile home space shall abut on a street within the mobile home park for a distance of not less than fifty feet (50') frontage.

3. Not more than one mobile home or dwelling unit shall be placed upon each mobile home space.

4. Each mobile home space shall have a front yard of not less than ten feet (10') measured from the back of the sidewalk. The towing hitch of the mobile home shall not project into the required front yard.

5. Each mobile home space shall have a rear yard of not less than five feet (5').

6. Each mobile home space shall have a side yard on each side of not less than five feet (5'). Provided, however that on a corner space the side yard adjacent to the street shall be not less than ten feet (10'); except that when the side yard is adjacent to a public street not within the mobile home park, the side yard shall be thirty feet (30').

7. Accessory buildings shall be located at least twenty feet (20') from the back of the sidewalk. An accessory building may be located on the side or rear line of a space provided it is located more than forty feet (40') from the street, is located more than ten feet (10') from any mobile home or dwelling unit on the space or any adjacent space, has no openings on the side or sides contiguous to the space boundaries, and discharges no roof drainage onto the adjoining space. All other accessory buildings shall be located at least five feet (5') from the space boundary.

8. Each mobile home park lot shall provide a flat concrete surface equal to the blocking area required for setup of the mobile homes.


N. Solid Waste Collection And Disposal: Solid waste collection and disposal shall be provided by the City.


O. Site Plan: Each mobile home park shall be constructed only in strict compliance with a site plan approved by the Planning Commission. Such site plan shall show compliance with the foregoing requirements set forth in this chapter, compliance with all other provisions of City ordinances, and the following additional items: all recreational areas and other amenities, all other common areas, drainage and flood control structures and facilities, fences, walls, hedges and any other matters deemed by the Planning Commission to be necessary for proper review of the proposed mobile home park.


P. Standards And Requirements: The number of mobile homes shall be limited to 4.5 units per acre.


Q. Guarantees And Safeguards:

1. Continuing Obligation: In order to ensure that the mobile home park will be properly maintained, the developer shall prepare and submit a document setting forth management policies, covenants, conditions and restrictions relating to the proper maintenance of the mobile home park and when approved by the City Council shall be recorded in the Office of the County Recorder. Among other things the document shall provide that failure on the part of the developer or his assigns, renters or lessors to maintain the mobile home park in accordance with the approved management policies, covenants, conditions and restrictions shall constitute a public nuisance endangering the health, safety, and general welfare of the public and a detriment to the surrounding community and that in addition to any other remedy provided by law for the abatement, removal and enjoyment of such public nuisance, the City may remove or abate the nuisance and charge the cost thereof to the owners as provided by chapter 11 of title 10, Utah Code Annotated, as amended.

2. Development In Parks: The parks and play areas shall be protected against building development by conveying to the City an open space easement over such open areas, restricting the area against any future building or use, except as consistent with that of providing landscaped open space for the aesthetic and recreational satisfaction of the residents. Buildings or use for noncommercial, recreational or cultural purposes, compatible with the open space objectives, may be permitted only with the express approval of the City Council, following approval of building site and operational plans by the Planning Commission.

3. License Required: Prerequisite to the operations of any mobile home park in the City shall be the obtaining of an annual license. The yearly fees shall be set by resolution of the Mapleton City Council. It shall be unlawful to operate a mobile home park without first obtaining a license and the license shall be refused or revoked upon failure of the owner and/or operator to maintain the park in accordance with the standards and requirements as set forth in this title. (Ord. 2002-05, 3-20-2002)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259082
18.84.260: TRAVEL TRAILER COURT REGULATIONS:linklink

(Rep. by Ord. 2007-11, 5-15-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259083
18.84.270: OFF STREET PARKING AND UNLOADING FACILITIES:linklink

Off street parking and unloading facilities within the PO-1, NC-1, CC-1 and GC-1 Zones are subject to section 18.92.030 of this title. All other zones are subject to this section. (Ord. 2017-01, 4-19-2017, eff. 5-12-2017)


A. Facilities Required: Any building or structure erected or located after the effective date of the ordinance codified in this title shall be accompanied by off street parking and loading facilities in accordance with the provisions of this title. (Ord. 2002-05, 3-20-2002)


B. Change Of Use: Whenever the existing use of a structure or the existing use of land is changed to another use or another occupancy, parking and loading facilities shall be provided as required by this title, except that the planning commission may reduce this requirement in cases of hardship and practical difficulty covering the land on which the building is located. (Ord. 2013-04, 2-19-2013, eff. 4-1-2013)


C. Parking Spaces Required: The number of off street parking spaces required for each use shall be no less than the number set forth in this section.


D. Required Parking; Residential Uses:

Mobile homes   2 spaces for each trailer space  
One-, two-, three- and four-family dwellings, and multiple-family dwellings   2 spaces for each dwelling unit plus 0.25 spaces per unit visitor parking  
Rest home   1 for each 5 patient beds and also 1 for each 2 employees  
Rooming house   1 for each sleeping room or 1 parking space for each 100 sq. ft. of floor area used for sleeping purposes, whichever is greater  


E. Required Parking, Commercial And Other Uses:

Art gallery   1 space per 300 sq. ft. of gross floor area  
Auction house   2 spaces per 100 sq. ft. of gross floor area  
Bowling alleys   5 for each alley. Additional parking spaces for remainder of building calculated according to use  
Cafes, cafeterias, restaurants, bars, nightclubs and other similar places dispersing food or refreshments   1 for each 5 fixed seats or for every 70 sq. ft. of seating area where there are no fixed seats  
Churches   1 for each 5 fixed seats in the chapel or auditorium, or where there are no fixed seats, 1 for each 35 sq. ft. of floor space  
Commercial horse stables   1 space per 2 stalls  
Community center   1 space per 250 sq. ft. of gross floor area  
Contractor yard   1 space per vehicle plus 1 space per 1,000 sq. ft. of gross floor area  
Convalescent center (nursing home)   1 parking space per 3 beds  
Corporate headquarters/research and development   1 space per 250 sq. ft. of gross floor area plus 1 space per company car  
Daycare center   1 space per 6 people based on the maximum allowable occupancy  
Entertainment:    
  Amusement centers with restaurants   1 space per 200 sq. ft. of gross floor area plus 1 per 4 seats  
  Indoor and/or outdoor amusement center   1 space per 200 sq. ft. of gross floor area  
Government buildings   1 space per 200 sq. ft. of gross floor area  
Grocery stores, drugstores, clothing stores, and other retail establishments, and office buildings   3 for each 1,000 sq. ft. of floor area within the buildings  
Health clubs/spas   1 space per 4 persons based on the maximum allowable occupancy  
Hospitals   1 space per 200 sq. ft. of gross floor area  
Hospitals and sanatoriums   11/2 spaces for each patient bed  
Kennel   1 space per 600 sq. ft. of gross floor area  
Library   1 space per 200 sq. ft. of gross floor area  
Medical and dental clinics and offices   1 space per 150 sq. ft. of gross floor area  
Mortuary   1 space per 50 sq. ft. or assembly area  
Motels   1 for each living or sleeping unit, plus 1 for each 2 employees on the largest shift  
Movie theater   1 space per 4 seats  
Office only (no customers or services)   1 space per 250 sq. ft. of gross floor area  
Personal services, barber and beauty shops, dry cleaners, travel agents   1 space per 200 sq. ft. of gross floor area or 2 per chair, whichever is greater  
Professional offices (excluding medical/dental/veterinary)   1 space per 250 sq. ft. of gross floor area, plus 3 stacking spaces per drive-up window (for banks and like businesses)  
Repair services   1 space per 300 sq. ft. of gross floor area  
Schools:    
  Beauty schools   5 spaces plus 2 per operator station plus 1 space per 200 sq. ft. of office space  
  Dance   1 space per 200 sq. ft. of gross floor area  
  Elementary/junior high   3 per room used for administration or classroom  
  High school or trade school   3 spaces per room used for administration or classroom plus 1 per 4 students  
Self-service storage   Parking shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least 16 ft. wide when cubicles open onto 1 side of the lane only and at least 30 ft. wide when cubicles open onto both sides of the lane. 2 covered parking spaces shall be provided adjacent to the manager's quarters. 1 parking space for every 200 storage cubicles or fraction thereof shall be located adjacent to the project office. A minimum of 2 such spaces shall be provided. Required parking spaces may not be rented as, or used for vehicular storage. However, additional parking area may be provided for recreational vehicle storage, provided that it is adequately screened as approved by the city directs  
Telemarketing office   1 space per 150 sq. ft. of gross floor area, or 1 space per employee on the highest shift, whichever is greater  
Truck/transit terminal   1 space per 500 sq. ft. of gross floor area  
Veterinarian offices   1 space per 500 sq. ft. of gross floor area  


F. Required Parking; Industrial Uses: One for each two (2) employees in the maximum working shift and one for each vehicle used in connection with the use.


G. Required Parking; Uses Not Mentioned: The required off street parking for any building, structure or use of land of a type which is not listed in this section shall be determined by the planning commission. The planning commission shall be guided as much as possible by comparison with similar uses which are listed. (Ord. 2002-05, 3-20-2002)


H. Location And Control Of Parking Facilities: The off street parking facilities required by this title shall be located on the same lot or parcel of land as the use they are intended to serve, except that in cases of practical difficulty, the planning commission may approve a substitute location which meets the following conditions: (Ord. 2002-05, 3-20-2002; amd. Ord. 2013-04, 2-19-2013, eff. 4-1-2013)

1. All or part of substitute location must be on an adjacent lot, or within two hundred feet (200') from the main use measured along or across a public street. (Ord. 2002-05, 3-20-2002)

2. The substitute lot must be in the same possession as the use it is intended to serve. Such possession may be by deed or long term lease (at least 20 years), the terms of which meet the approval of the planning commission. The present and future owners of the substitute lot shall be bound by covenants filed in the office of the county recorder, requiring such owner to maintain the required number of parking spaces for the duration of the use served. (Ord. 2002-05, 3-20-2002; amd. Ord. 2013-04, 2-19-2013, eff. 4-1-2013)


I. Computation Of Required Parking Spaces: For the purpose of computing off street parking spaces which are required by this title, the following rules shall apply:

1. "Floor area" means gross floor area, unless otherwise specified for a particular use.

2. In stadiums, sports arenas, churches and other places of assembly in which benches or pews are used in place of seats, each eighteen inches (18") of length of such benches or pews shall be counted as one seat.


J. Combined Parking Areas: The required off street parking and loading facilities may be provided collectively for two (2) or more buildings or uses, provided that the total number of parking spaces shall be not less than the sum of the requirements for each of the individual uses, and provided that all other requirements of this title are met.


K. Mixed Uses: In the event that two (2) or more uses occupy the same building lot, or parcel of land, the total requirements for off street parking and off street loading space shall be the sum of the requirements of the various uses computed separately.


L. Access To Parking Facilities:

1. Access driveways shall be provided for ingress to and egress from all parking and loading facilities. Each parking and loading space shall be easily accessible to the intended user.

2. Forward travel to and from parking facilities from a dedicated street or alley shall be required for all uses except for private parking. The parking area shall be adequate to facilitate the turning of vehicles to permit forward travel upon entering a street.

3. All uses which adjoin a major or secondary highway shall, wherever possible, have access by way of a service road or alley.

4. The access to all off street parking facilities shall be designed in a manner which will not interfere with the movement of traffic.

5. Access driveways across sidewalks or pedestrianways shall be designed in such a manner as to promote pedestrian safety.


M. Circulation Within A Parking Area: The circulation within a parking area shall comply with the following requirements:

1. Circulation within a parking area with more than one aisle must be such that a car need not enter the street to reach another aisle within the same parking area.

2. Directional signs shall be required to differentiate between entrance and exit access points to the street.


N. Location Of Parking Facilities Restricted: The location of parking and loading facilities shall comply with the following:

1. In residential zones and in the NC-1 neighborhood commercial zone, required parking space shall not be designated in the required front yard or side yard which faces on a street except as may be shown on approved plans.

2. In commercial zones required yard areas may be used for parking except for areas required to be landscaped.


O. Lighting Of Parking Areas: Any lighting used to illuminate off street parking facilities or vehicle sales areas shall be so arranged as to reflect the light away from the adjoining premises in any residential zone.


P. Continuing Obligation: The required off street parking and loading facilities shall be a continuing obligation of the property owner so long as the use requiring vehicle parking or vehicle loading facilities continues. It shall be unlawful for an owner of any building or use to discontinue or dispense with the required vehicle parking or loading facilities without providing other vehicle parking or loading area which meets the requirements of this title.


Q. Plot Plan Approval Required: At the time a building permit is requested for any building or structure, or at the time a new use of land which would require off street parking is established, a plot plan shall be submitted showing the proposed development of the property including the layout and development of the parking and loading facilities. All parking and loading spaces shall be designated as well as the access aisles and other improvements. The planning and zoning director may disapprove such plans if he finds they are inconsistent with the requirements of this title.


R. Required Off Street Loading Space:

1. One off street loading space shall be provided and maintained on the same lot with every building or separate occupancy thereof having a gross floor area of ten thousand (10,000) square feet or more which requires the receipt or distribution of goods, material, merchandise or supplies by vehicle. One additional loading space shall be provided for each additional twenty thousand (20,000) square feet of gross floor area of such building or for each vehicle which must be loaded or unloaded at the same time, whichever requirement is greater.

2. Each required off street loading space shall be not less than ten feet (10') in width, twenty five feet (25') in length, and fourteen feet (14') in height. (Ord. 2002-05, 3-20-2002)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259084
18.84.280: MOTOR VEHICLE ACCESS:linklink

Access to all lots and parcels of land having frontage on a public street shall be controlled as follows:


A. Access shall be by not more than two (2) driveways from any one street.


B. Driveways shall not be closer to each other than twelve feet (12').


C. Each driveway shall be approved by the city and shown on every site plan.


D. On corner lots no driveway shall be closer than fifteen feet (15') to the point of intersection of the front property line with the side property line which abuts upon a street. No driveway shall be located across any curbed section of frontage lying between said point of intersection and point of tangency.


E. In all cases where there is an existing curb and gutter and sidewalk on the street, all curb cuts and driveways shall hereafter be made in accordance with the regulations.


F. Where there is no existing curb and gutter or sidewalk, a curb or fence may be required by the city. (Ord. 2002-05, 3-20-2002)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259085
18.84.290: LANDSCAPING:linklink


A. Purpose: The purpose of the landscaping requirements in this title shall be to enhance, conserve, and stabilize property values by encouraging pleasant and attractive surroundings in all zones of the city and thus create the necessary atmosphere for the orderly development of a uniformly pleasant community. Landscaping also contributes to the relief of heat, noise, and glare through the proper placement of green plants and trees.


B. Scope Of Requirements: Landscaping shall comply with the requirements set forth in this title for the specific use or location.


C. Maintenance: Required landscaped areas shall be maintained in a neat, clean, orderly and healthful condition. This is meant to include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary and the regular watering of all plantings. Required landscaped areas shall be provided with a suitable permanent method for watering or sprinkling of plants. This watering system shall consist of piped water lines terminating in an appropriate number of sprinklers or hose bibs to ensure sufficient amount of water for plants within the landscaped area.


D. Screening Requirements: Where landscaped screening is required, said screening shall consist of evergreen shrubs, closely spaced and maintained at substantially the specified height of the required screening. When not otherwise specified, screening shall consist of mature shrubs and shall be maintained at a height of from four (4) to six feet (6').


E. Plot Plan Required: Where landscaping is required in this title, a plot plan showing the proposed landscape development, watering system and use of the property shall be submitted to the planning and zoning director. The same plot plan used to show parking layout or other requirements for the issuance of a building permit may be used providing all proposed landscaping is adequately detailed on the plot plan. The planning and zoning director may disapprove such plans if he determines that they are not consistent with the purposes of this title.


F. Nonconforming Status: Any use of property, which, on the effective date of the ordinance codified in this chapter, is nonconforming only as to the regulations relating to landscaping may be continued in the same manner as if the landscaping was conforming. (Ord. 2002-05, 3-20-2002)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259086
18.84.300: RELOCATED BUILDINGS:linklink


A. No permit shall be issued for the moving of any residential, commercial or industrial building, from one site within the city to another site within the city, or from a site outside of the city to a site within the city, without first filing an application with the planning and zoning director.


B. Application: The following information shall be filed with the planning and zoning director at the time the application is made:

1. Location and address of the old and new site;

2. Plot plan of the new location, also showing adjacent lots on all sides of the property and indicating all structures and improvements on the lots;

3. Plans and specifications for the proposed improvements at the new location, including plans for landscape treatment when required by the planning and zoning director;

4. Certification by the planning and zoning director that the structure is sound enough to be moved, and that the location and use of the building will conform to the building code and zoning ordinance of the city. (Ord. 2002-05, 3-20-2002)


C. Planning Commission To Approve: The application shall then be submitted to the planning commission for approval. Exempt from this provision is any newly constructed building that has met all provisions of title 15, chapter 15.04 of this code including plan approval, plot plan approval, inspection procedure and all other provisions of the building code.


D. Planning Commission Findings: Before the planning commission may approve the application for the moving of a building it must find:

1. That the building will have no appreciable detrimental effect on the living environment and property values in the area into which the structure is to be moved;

2. That the building is in conformity with the type and quality of buildings existing in the area into which it is proposed to be moved;

3. That the building and the lot on which the building is to be located conforms to the requirements of this title and the building code;

4. That its location on the lot does not in any substantial way adversely affect buildings or uses in abutting properties;

5. That all dedications and improvements as required by the city for streets and facilities and buildings shall be provided in conformity with the standards of the city. (Ord. 2013-04, 2-19-2013, eff. 4-1-2013)


E. Standards Required Before Occupancy: The building and grounds shall be brought up to the standards required of a new building before it is occupied. (Ord. 2002-05, 3-20-2002)


F. Bond Required: Before a permit to move a building may be granted, the applicant shall post a bond or other assurance as determined by the planning commission to cover costs of bringing the buildings and grounds up to standard. In the event of failure to comply with the conditions required by the planning commission, the city may declare the bond or other assurance forfeited. (Ord. 2002-05, 3-20-2002; amd. Ord. 2013-04, 2-19-2013, eff. 4-1-2013)


G. Old Site To Be Restored: If the site to be vacated is within the city, the bond shall also cover the costs involved in cleaning up the vacated site and restoring it to a safe and sightly condition. (Ord. 2002-05, 3-20-2002)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259087
18.84.310: WIRELESS TELECOMMUNICATION FACILITIES:linklink


A. Purpose And Intent: The unique character, landscapes and scenic vistas of the city are among its most valuable assets. Preserving and promoting those assets are essential to the long range social and economic well being of the city and its inhabitants. Protecting these assets requires sensitive placement and design of wireless communication facilities so that these facilities remain in scale and harmony with the existing character of the community. The purpose and intent of this section is:

1. To accommodate new technology and develop regulations on the use and development of city property for new cell tower facilities.

2. To regulate personal wireless services antennas, with or without support structures, and related electronic equipment and equipment structures.

3. To provide for the orderly establishment of personal wireless services facilities in the city.

4. To minimize the number of antenna support structures by encouraging the collocation of multiple antennas on a single new or existing structure.

5. To establish siting, appearance, and safety standards that will help mitigate the potential impacts related to the construction, use and maintenance of personal wireless communication facilities.

6. To comply with the telecommunication act of 1996 by establishing regulations that: a) do not prohibit or have the effect of prohibiting the provision of personal wireless services, b) do not unreasonably discriminate among providers of functionally equivalent services, and c) are not based on the environmental effects of radio frequency emissions to the extent that such facilities comply with the federal communications commission's regulations concerning such emissions.


B. Findings:

1. Personal wireless services facilities (PWSF) are an integral part of the rapidly growing and evolving telecommunications industry, and present unique zoning challenges and concerns to the city.

2. The city needs to balance the interests and desires of the telecommunications industry and its customers to provide competitive and effective telecommunications systems in the city, against the sometimes differing interests and desires of others concerning health, safety, welfare, and aesthetics, and orderly planning of the community.

3. The city has experienced an increased demand for personal wireless services facilities to be located in the city, and expects the increased demand to continue in the future.

4. It is in the best interests of the city to have quality personal wireless services available, which necessarily entails the erection of personal wireless services facilities in the city.

5. The unnecessary proliferation of personal wireless services facilities throughout the city creates a negative visual impact on the community.

6. The visual effects of personal wireless services facilities can be mitigated by fair standards regulating their siting, construction, maintenance and use.

7. A private property owner who leases space for a personal wireless services facility is the only one who receives compensation for the facility, even though numerous other property owners in the area are adversely affected by the location of the facility.

8. Chapter 69-3, Utah Code Annotated, grants cities the authority to create or acquire sites to accommodate the erection of telecommunications towers in order to promote the location of telecommunications towers in a manageable area and to protect the aesthetics and environment of the area. The law also allows the city to require the owner of any tower to accommodate the multiple use of the tower by other companies where feasible and to pay the city the fair market rental value for the use of any city owned site.

9. Telecommunications towers located on government property with the lease payments being paid to the city, instead of individual property owners evenly distributes the income from the lease payments to all citizens of the city through increased government services thus indirectly compensating all of the citizens of the city for the impact all citizens experience. The public policy objectives to reduce the proliferation of telecommunications towers and to mitigate their impact can be best facilitated by locating telecommunications and antenna support structures on property owned, leased or used by the city as a highest priority whenever feasible.


C. Exemptions: Except as specifically exempted herein, the requirements of this section apply to both commercial and private telecommunications facilities. All telecommunications facilities shall comply with the following regulations and all other ordinances of the city and any pertinent regulations of the federal communications commission and the federal aviation administration. The following are exempt from the provisions of this section:

1. Temporary emergency wireless telecommunications facilities for emergency communications by public officials.

2. Amateur (ham) radio facilities licensed by the federal communications commission (FCC) (see section 18.84.330 of this chapter for ham radio regulations).

3. Parabolic antennas less than seven feet (7') in diameter, that are an accessory use of the property.

4. Maintenance, repair or reconstruction of a wireless telecommunications facility and related equipment, provided that there is no change in the height or any other dimension of the facility.

5. Temporary wireless telecommunications facility, in operation for a maximum period of one hundred eighty (180) days.

6. An antenna that is an accessory use to a residential dwelling unit.


D. Priority Locations: Personal wireless services antennas shall be located as unobtrusively as is reasonably possible. To accomplish this goal, the provider shall attempt to locate antennas on sites in the following order of priority:

1. Existing facilities;

2. Property owned by a governmental entity (city, school district, etc.);

3. Property zoned commercial or industrial.


E. Permitted Uses: Permitted telecommunication facilities must comply with the general plan, required setback and height restrictions, applicable landscaping requirements, and are subject to a site plan review by the community development department. All permitted telecommunication facilities must be located within an existing building, must utilize stealth design technology or other visual screening techniques that conceal the appearance of the equipment, or must be collocated with existing facilities that make use of stealth design or screening techniques. The following telecommunication facilities are classified as permitted uses:

1. Wall Mounted Antenna: Wall mounted antennas which comply with the following standards:

a. The proposed antenna is located on a parcel owned by a governmental entity or located within the neighborhood commercial (NC-1), general commercial (GC-1), central commercial (CC-1), industrial and manufacturing (I&M-1), or mining and heavy manufacturing (M&HM-1) zoning districts.

b. Wall mounted antennas shall not extend above the wall line of the building or extend more than four feet (4') horizontally from the face of the building.

c. Antennas, equipment facilities, and the antenna support structure shall be constructed with stealth design to match the color of the building or structure and be architecturally compatible with building or background against which they are most commonly seen.

2. Roof Mounted Antenna: Roof mounted antennas which comply with the following standards:

a. The proposed antenna is located on a parcel owned by a governmental entity or located within the neighborhood commercial (NC-1), general commercial (GC-1), central commercial (CC-1), industrial and manufacturing (I&M-1), or mining and heavy manufacturing (M&HM-1) zoning districts.

b. Roof mounted telecommunications facilities and antennas are allowed only on a flat roof and shall be screened, constructed and painted to match the structure to which they are attached. The planning commission may grant approval to place roof mounted stealth antennas on a pitched roof if the antennas do not extend above the peak of the roof.

c. Roof mounted antennas shall be mounted at least five feet (5') behind any parapet wall. The maximum height of an antenna is limited by the screening effect of the architectural features of the building such that no portion of the antenna shall be visible when standing at any property line adjacent to the street. An antenna may not exceed a height of ten feet (10') above the top of the parapet wall. An antenna may not extend more than fifteen feet (15') above the roofline of the building unless the adverse impacts of the additional height are fully mitigated.

3. Collocation: Collocation of antennas on an existing monopole is a permitted use provided that the antennas do not extend more than thirty six inches (36") from the monopole and the equipment is located within the existing building or enclosure.

4. Stealth Design: Telecommunication facilities that incorporate stealth design technology and are located on a parcel owned by a governmental entity or located within the neighborhood commercial (NC-1), general commercial (GC-1), central commercial (CC-1), industrial and manufacturing (I&M-1), or mining and heavy manufacturing (M&HM-1) zoning districts. Monopoles using stealth technology do not qualify as a permitted use.

5. Conversion: The conversion of existing flagpoles, light standards, athletic field lights, or other similar structures provided the existing height is not increased by more than ten feet (10').

6. Utility Pole Antennas: Utility pole antennas may only be located on existing utility poles. The utility pole must be in compliance with city standards, specification and details for utility poles in order for it to be used for telecommunications antennas. Consistent with the use of public rights of way by other utility and cable providers, each telecommunications provider is required to enter into an agreement with the city prior to installing telecommunication facilities in the right of way.


F. Conditional Uses: Any proposed monopole on property owned by a governmental entity, excluding property in the CE-1 zone, or located within the neighborhood commercial (NC-1), general commercial (GC-1), central commercial (CC-1), industrial and manufacturing (I&M-1), or mining and heavy manufacturing (M&HM-1) zoning districts. For these uses, the following conditions shall apply:

1. The applicant shall submit technical evidence demonstrating why the proposed facility cannot be achieved through a permitted use at a priority location;

2. A monopole shall not be located within one thousand (1,000) linear feet from another monopole;

3. The facility shall incorporate stealth technology and be designed to minimize the visual impacts on adjacent properties;

4. Unless otherwise authorized by the approving authority for good cause shown, every new tower shall be designed and constructed to be of sufficient size and capacity to accommodate at least two (2) additional wireless telecommunications providers on the structure in the future.


G. Screening: All equipment facilities shall be located in an existing wireless telecommunications equipment shelter, the building to which it is attached, or designed to incorporate stealth design technology or other screening to conceal the appearance of the equipment facility. All power lines leading to the telecommunications facility shall be underground. When the equipment facility cannot otherwise be screened through the use of stealth design, existing vegetation or buildings the facility shall be screened by vegetation or fencing that is at least seventy five percent (75%) opaque when seen from the any public or semipublic area.


H. Prohibited Uses: The following telecommunication facilities are not allowed in any zoning district:

1. Lattice towers,

2. Whip antennas on wall mounted support structures, and

3. Any telecommunications facility not specifically listed herein as a permitted or conditional use.


I. Application: Applicants seeking approval for a wireless telecommunication facility must submit an application on a form furnished by the city. In addition to the completed application form, a complete application shall contain the following information:

1. Documentation of the applicant's right, title, or interest in the property where the facility is to be sited, including name and address of the property owner and the applicant.

2. A copy of the FCC license for the facility or a signed statement from the owner or operator of the facility attesting that the facility complies with current FCC regulations.

3. Location map and elevation drawings of the proposed facility and any other proposed structures, showing color, and identifying structural materials.

4. For the proposed expansion of an existing facility, a signed agreement from the owner of the existing facility.

5. A site plan indicating the location, type, and height of the proposed facility, antenna capacity, on site and abutting off site land uses, means of access, setbacks from property lines, and a boundary survey for the project performed by a licensed land surveyor.

6. Elevation drawings of the proposed facility, and any other proposed structures.

7. A landscaping plan indicating the proposed placement of the facility on the site; location of existing structures, trees, and other significant site features; the type and location of plants proposed to screen the facility; the method of fencing, the color of the structure, and the proposed lighting method.


J. Approval: Wireless telecommunications facilities that are permitted by this section may be approved by the community development director or designee. Technical exceptions and any application the community development director deems to be in need of planning commission review may be issued by the planning commission.


K. Building Permits: Prior to the construction of any wireless telecommunication facility, the applicant shall obtain the proper building permits, road cut permits, and other permits as required by this code. (Ord. 2014-01, 1-7-2014, eff. 2-2-2014)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259088
18.84.320: SITE PLAN REVIEW PROCESS AND BONDING:linklink

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


A. Planning Commission To Approve: The planning commission shall have the function, duty and power to approve or disapprove a project plan and to attach such modifications or conditions as may be deemed appropriate to improve the layout, to ensure that the project will not pose any detrimental effect to persons or property, or to protect the health, safety and general welfare of the citizens of the city.


B. Application Required: Application for site plan approval shall be accompanied by maps and drawings showing the following as applicable:

1. The location of all existing and proposed buildings and structures on the site, with full dimensions showing the distance between buildings and distances from buildings to adjacent property lines.

2. The location of all parking spaces, driveways, and points of vehicular ingress and egress.

3. A landscaping plan showing the location, types, and initial sizes of all planting materials to be used together with the location of fences, walls, hedges, and decorative materials.

4. Preliminary elevations of main buildings showing the general appearance and types of external materials to be used.

5. The locations of solid waste receptacles and trash pick up areas.

6. Copies of the natural conditions analysis map and all required technical reports in all zones as may be necessary. (Ord. 2002-05, 3-20-2002)


C. Appeals Permitted: Any person aggrieved by a determination of the planning commission may request a hearing before the city council who shall have the authority to reverse, affirm or modify any decision of said commission. Any such appeal shall be filed within ten (10) business days of the determination of the planning commission. (Ord. 2002-05, 3-20-2002; amd. Ord. 2013-04, 2-19-2013, eff. 4-1-2013)


D. Issuance Of A Permit: A building permit shall not be issued for any building or structure or external alterations thereto until the provisions of this section have been complied with. Any construction not in conformance with an approved site plan shall be considered a violation of this title.


E. Bond: All commercial or industrial projects shall be required to bond for all required landscaping and improvements equal to the city engineer's estimate of cost in a bonding manner approved by Mapleton City. (Ord. 2002-05, 3-20-2002)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259089
18.84.330: AMATEUR COMMUNICATIONS/HAM RADIOS:linklink


A. This section shall apply to amateur radio antennas and support structures. The equipment and facilities mentioned herein shall be allowed in all zones within the city, and it is the city's intent to provide reasonable accommodation for such communications.


B. This section separates regulations governing amateur communications from commercial wireless communications facilities and related equipment, and establishes provisions relating to visual mitigation, r-f noise, engineering, residential impact, health, safety and facility siting. All facilities shall comply with the following regulations and all other ordinances of the city and any pertinent regulations of the federal communications commission (FCC) and the federal aviation administration (FAA).


C. Amateur radio antennas are regulated by the federal communications commission (FCC).


D. A building permit is required for all amateur radio facilities. A copy of the users amateur radio license shall be submitted with the building permit application. For antennas and support structures that do not exceed the maximum height requirement of the applicable zone, no additional review is required.


E. Planning commission review is required for antennas and support structures that exceed the maximum height requirement of the applicable zone. The Planning Commission, in considering the application, must apply the minimal practicable regulation necessary to achieve its goal of protecting the welfare of the community while ensuring the regulation will not impinge on the needs of the amateur operator to engage in amateur communications. The Planning Commission shall not deny an application for an amateur radio antenna and support structure unless it can be shown that a hazard or a nuisance is created that cannot be mitigated with reasonable conditions.


F. All antennas and support structures shall comply with the required setbacks of the applicable zone in which the property is located.


G. No more than one amateur radio antenna and support structure per lot may be installed, and shall be located in the rear or side yard, of a home or main structure. (Ord. 2014-01, 1-7-2014, eff. 2-2-2014)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259090
18.84.340: MAJOR STRUCTURES TO BE APPROVED; SITE INVESTIGATION REQUIRED:linklink

Prior to the issuance of a building permit and/or the construction of any multiple-family dwelling, any church, school or similar high occupancy structure, or any critical facility, a detailed site investigation, prepared by a qualified geotechnical consultant shall be submitted by the applicant approved by the Planning Commission. No such structure or facility shall be permitted on the affected portion of any site for which the investigation shows evidence of ground surface rupture, deformation or slope movement. (Ord. 2002-05, 3-20-2002)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259091
18.84.350: BUILDINGS TO BE ON ZONING LOT:linklink

No permit authorizing the construction or moving of a building on a lot shall be issued unless the parcel of land upon which said building is to be constructed qualifies as a "zoning lot" as defined by section 18.08.010 of this title. (Ord. 2002-05, 3-20-2002)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259092
18.84.360: GRANTING OF SPECIAL EXCEPTIONS, VARIANCES, NONCONFORMING USES, AND INTERPRETATION OF THE ZONING ORDINANCES:linklink

The Planning Commission shall hear and decide requests for special exceptions, variances, nonconforming uses and interpretation of the zoning ordinances as specifically set forth in this section as follows:


A. Zone Boundary Lines Dividing A Lot In Single Ownership: Where a zone boundary line divides a lot in single ownership at the time of the passage of the ordinance codified in this title, the Planning Commission may grant a use which is permitted on either portion of such lot to extend to the entire lot, but not more than one hundred feet (100') beyond the boundary line of such zone in which such use is permitted. Before such a permit therefor may be granted, however, it must be shown that the Comprehensive Plan of zoning will be maintained.


B. Move Buildings: The Planning Commission may grant a permit to move buildings subject to standards and requirements set forth in section 18.84.300 of this chapter.


C. Expansion Of A Nonconforming Building Or Use: The Planning Commission may permit the expansion of a nonconforming building or use thereof subject to standards and requirements set forth in chapter 18.20 of this title.


D. Public Utility Buildings: The Planning Commission may permit a public utility building or other structure where it can be shown that such structure is necessary for the convenience or welfare of the public.


E. Special Exceptions: The Planning Commission may grant other special exceptions when specifically authorized to do so under the terms of this title or as it may be amended.


F. Conditions Of Granting A Variance: The Planning Commission may only grant a variance to waive or modify the requirements of a land use ordinance as applied to a parcel of property if:

1. Literal enforcement of the ordinance would cause an unreasonable hardship, as defined in Utah Code section 10-9a-702, for the applicant that is not necessary to carry out the general purpose of the land use ordinances;

2. There are special circumstances, as defined in Utah Code section 10-9a-702, attached to the property that do not generally apply to other properties in the same zone;

3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone;

4. The variance will not substantially affect the General Plan and will not be contrary to the public interest; and

5. The spirit of the land use ordinance is observed and substantial justice done. (Ord. 2013-04, 2-19-2013, eff. 4-1-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259093
18.84.370: HEALTHCARE HOUSING PROJECTS (NURSING HOMES AND RESIDENTIAL CARE FACILITIES):linklink


A. Residential Facilities For Elderly Persons: A residential facility for elderly persons is a permitted use in any area where residential dwellings are allowed, except an area zoned to permit exclusively single-family dwellings.

1. To operate a residential facility for elderly persons under this section, a permit must first be obtained by the owner, or operator of the facility. To obtain a permit the applicant must establish to the satisfaction of the planning commission that:

a. The facility meets all applicable building, safety, zoning, and health ordinances applicable to similar dwellings;

b. Adequate off street parking space is provided;

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

d. No residential facility for elderly persons may be established within three-fourths (3/4) mile of another residential facility for elderly persons or residential facility for handicapped persons, as defined by Utah Code Annotated;

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

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

2. Upon review of an application for a permit to establish a residential facility for elderly persons in any area where residential dwellings are allowed, except an area zoned to permit exclusively single-family dwellings, if the city determines that the residential facility for elderly persons complied with the preceding conditions, it shall grant the requested permit to that facility.

3. The use granted and permitted by this section is nontransferable and terminates if the structure is devoted to a use other than a residential facility for elderly persons or if the structure fails to comply with the conditions contained herein.

4. For purposes of this section no person who is being treated for alcoholism or drug abuse may be placed in a residential facility for elderly persons; and, placement in a residential facility for elderly persons shall be on a strictly voluntary basis and may not be a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional institution.

a. Subject to the granting of a conditional use permit, a residential facility for elderly persons shall be allowed in any municipal zoning district that is zoned to permit exclusively single-family dwelling use, if that facility:

(1) Conforms to all applicable health, safety, zoning, and building codes.

(2) Is capable of use as a residential facility for elderly persons without structural or landscaping alterations that would change the structure's residential character; and

(3) Conforms to the municipality's criteria, adopted by ordinance, governing the location of residential facilities for elderly persons in area zoned to permit exclusively single-family dwellings.

b. No residential facility for elderly persons may be established within three-fourths (3/4) mile of another existing residential facility for elderly persons or residential facility for handicapped persons, as defined by Utah Code Annotated.

c. The use granted and permitted by this section is nontransferable and terminates if the structure is devoted to a use other than as a residential facility for elderly persons or if the structure fails to comply with applicable health, safety, and building codes.

5. It shall be unlawful to discriminate against elderly persons and against residential facilities for elderly persons. The decision of a municipality regarding the application for a permit by a residential facility for elderly persons must be based on legitimate land use criteria and may not be based on the age of the facility's residents.

6. The requirements of this section that a residential facility for elderly persons obtain a conditional use permit or other permit do not apply if the facility meets the requirements of existing zoning ordinances that allow a specified number of unrelated persons to live together. (Ord. 2002-05, 3-20-2002)


B. Residential Facilities For Persons With A Disability:

1. Purpose And Policy:

a. The purpose of this subsection is to:

(1) Comply with Utah Code Annotated section 10-9a-520;

(2) Provide clear direction to citizens and applicants regarding the necessary requirements and procedure for establishing residential facilities for persons with a disability; and

(3) Establish an application process for locating residential facilities for persons with a disability in a residential community that both avoids discrimination against the disabled and protects the character and nature of the city's residential communities.

b. Pursuant to Utah Code Annotated section 10-9a-520(2)(a), this subsection is intended to comply with the Utah fair housing act of title 57, chapter 21 and the federal fair housing amendments act of 1988, 42 USC, section 3601 et seq.

2. Definitions: For purposes of this regulation, the following definitions shall apply:

DISABILITY: A physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such an impairment or being regarded as having such an impairment.

a. "Physical or mental impairment" includes:

   (1) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or

   (2) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term physical or mental impairment includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, human immunodeficiency virus infection, drug addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism.

b. "Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

Disability does not include current illegal use of, or addiction to, any federally controlled substance, as defined in section 102 of the controlled substances act, 21 USC 802.

RESIDENTIAL FACILITIES FOR PERSONS WITH A DISABILITY: A twenty four (24) hour group living environment with one or more individuals unrelated to the owner or provider that offers room or board and specialized treatment, behavior modification, rehabilitation, discipline, emotional growth, and/or habilitation services for persons with emotional, psychological, developmental, or behavioral dysfunctions, impairments, or chemical dependencies, and that is licensed or certified by the department of human services under title 62A, chapter 2, licensure of programs and facilities, or is licensed or certified by the department of health under title 26, chapter 21, health care facility licensing and inspection act. Residential treatment does not include a boarding school or foster home.

3. State Regulation Of Residential Facilities:

a. Prior to commencing operation, all applicants and operators of residential facilities for persons with a disability shall obtain a license from the department of health under title 26, chapter 21 ("health care facility licensing and inspection act") and/or the department of human services under title 62A, chapter 2 ("licensure of programs and facilities"), as is appropriate and required for the nature of the facility's operations and services.

b. All residential facilities for persons with a disability shall maintain a current license from the department of health and/or the department of human services as a condition for their continued operation.

4. Municipal Approval Process For Residential Facilities:

a. Permitted Use: A residential facility for persons with a disability is a permitted use in any zone where similar residential dwellings that are not residential facilities for persons with a disability are allowed.

b. Recommendation; Approval: Prior to commencing the maintenance or operations of a residential facility for persons with a disability, the owner/operator of such a facility must first obtain a recommendation from the planning commission and final approval from the city council. In order to obtain such approval, the owner/operator of the facility must establish that:

(1) The facility complies with existing zoning regulation for the desired location, including:

(A) Compliance with building, safety, and health regulations applicable to similar structures permitted within the zone, including obtaining permits relating thereto;

(B) Compliance with site development standards including parking, traffic, landscape, utility use, and other standards applicable to similar structures permitted within the zone without structural or landscape alterations that would fundamentally change the structure's residential character and/or nature; and

(C) Compliance with zoning requirements limiting the maximum number of unrelated occupants that are applicable to similar structures permitted within the zone.

(2) The facility has obtained and maintains appropriate state agency licensure for the facility, as provided herein;

(3) Placement of disabled individuals in the facility shall be on a strictly voluntary basis and a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility; (Ord. 2012-01, 2-21-2012, eff. 3-18-2012)

(4) No individual shall be admitted to the facility as a resident who is a convicted sex offender, has been convicted of selling or manufacturing illegal drugs, is currently using drugs or alcohol, and/or who is a direct threat to the health and safety of other individuals and/or of causing substantial physical damage to the property of others. In determining whether proposed residents are likely to represent a direct threat as outlined above, the planning commission and city council shall consider, on the basis of objective evidence: (Ord. 2016-07, 11-2-2016, eff. 11-27-2016)

(A) The nature, duration, and severity of the risk;

(B) The probability that potential injury will actually occur; and

(C) Whether reasonable modifications of policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk; and

(5) The residential facility will not fundamentally alter the character and nature of the subject residential neighborhood.

c. Granting Permit: If the city council determines that the residential facility for persons with a disability is in compliance with these requirements, the city shall grant the requested permit to that facility.

d. Use Nontransferable: The use granted and permitted by this subsection is nontransferable and terminates upon:

(1) Transfer of the ownership of the facility;

(2) Any use other than that approved by the city council in the process outlined above; and/or

(3) Failure of the structure, its management, and/or any of its residents to comply with any aspect or provision of this subsection.

e. Denial Of Permit: If the city council determines that the residential facility for persons with a disability is not in compliance with these requirements, the city shall deny the requested permit to that facility, and the city council shall provide a written explanation outlining the bases for the denial. Any decision of the city council may be appealed to the district courts within thirty (30) days of the council's written decision.

5. Reasonable Accommodation And Related Procedure:

a. Interpretation: None of the requirements in the municipal approval process outlined above shall be interpreted to limit any reasonable accommodation necessary to allow the establishment or occupancy of a residential facility for persons with a disability.

b. Written Request: Any person or entity who wishes to request a reasonable accommodation shall make a written request for the same to the planning commission for recommendations and city council for final approval. Within such a request:

(1) The applicant shall identify the ordinance or regulation the applicant seeks to have waived or modified;

(2) The applicant shall identify the nature of the disability requiring accommodation;

(3) The applicant shall describe the nature of the requested accommodation;

(4) The applicant shall describe why the accommodation is necessary to afford the disabled an equal opportunity to use and enjoy residential housing;

(5) The applicant shall describe what impact, if any, the applicant perceives that the requested accommodation shall have on the existing neighborhood and whether the requested accommodation is consistent with the character and nature of the neighborhood; and

(6) The applicant shall identify any burden or expense the accommodation would impose on the city.

c. Reasonable And Necessary Accommodation: The planning commission and city council shall make a reasonable accommodation to any aspect of the municipal approval process outlined above where it receives a written request for accommodation and the city council determines that such an accommodation is reasonable and necessary in order that a disabled individual may have an equal opportunity to use and enjoy residential housing.

(1) In considering whether a proposed accommodation is reasonable and necessary, the planning commission and city council shall:

(A) Consider the impact of the requested accommodation on the neighborhood in light of existing zoning and use, including any impact on neighborhood parking, traffic, noise, utility use, safety, and other similar concerns, and whether any such impact fundamentally alters the character and/or nature of the neighborhood and/or existing zoning regulations;

(B) Consider whether, based on objective evidence and on an individualized basis, a particular accommodation would pose a direct threat to the health or safety of other individuals and/or would result in substantial physical damage to the property of others. In determining the likelihood of direct threat or substantial damage, the planning commission shall consider:

(i) The nature, duration, and severity of the risk;

(ii) The probability that the potential injury will actually occur; and

(iii) Whether reasonable modifications of policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk; and

(C) Consider whether granting the accommodation would impose any significant or undue expense and/or administrative burden on the city.

(2) The city council shall draft a written opinion letter explaining its findings, indicating whether the requested accommodation is granted and detailing any related conditions that may be imposed therewith.

d. Appeals Process: Any party that requests a reasonable accommodation that is denied by the City Council may appeal to the District Courts within thirty (30) days of the Council's written decision. (Ord. 2012-01, 2-21-2012, eff. 3-18-2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259094
18.84.380: HOME OCCUPATIONS:linklink


A. Purpose: The purpose of this section shall be:

1. To allow the establishment and conduct of a modest level of business activity within or near dwellings within the City provided that such activities will be conducted under conditions and at levels of operation that will not adversely affect, undermine, injure or otherwise significantly depreciate the residential character of the area; and

2. To set forth the minimum conditions and criteria considered necessary to ensure that all business activity carried out within residential areas will remain incidental and to effectively implement the purposes set forth above.


B. Application Of Section; Exceptions: The provisions of this section shall apply to all persons, firms, or corporations which conduct or propose to conduct any business, service, professional activity, qualifying as a home occupation from any dwelling located in any zoning district in the City allowing residential dwellings as a permitted use. Provided that this section shall not apply to:

1. The infrequent and incidental sale of personal property (subject to subsection 18.22.040F of this title).

2. The activities associated with the production of agricultural commodities and the incidental sale of such commodities produced on the premises.

3. Occasional business pursuits by individuals who are under eighteen (18) years of age.


C. Procedure For Approval Of A Home Occupation: Prior to the establishment of any home occupation an application for a home occupation permit shall be submitted to and approved by the Planning Commission. Said application shall be on forms furnished by the City and shall contain the following information:

1. The name of the applicant.

2. The location of the proposed home occupation.

3. A detailed description of the proposed activity.

4. An outline of the conditions and criteria required to be met in order to qualify as a home occupation and a written or graphic statement indicating how the proposed activity will comply with the required conditions and criteria.

5. A statement, signed by the applicant, that the home occupation will be established and conducted in accordance with the conditions and criteria of the ordinance and any conditions of approval attached by the Planning Commission.

6. Drawing of the home showing the area in which the home occupation will be performed.

7. A written notification to all property owners within a three hundred foot (300') radius of the property where the home occupation will be located. Said notification shall explain in detail the proposed home occupation and the activities that will be involved. In lieu of this requirement, the applicant may gather the signatures of all residents within three hundred feet (300') of the property where the proposed home occupation will be located. The signatures must be those of the head of household (18 years of age or older). The signatures must be located on a sheet of paper that explains the home occupation as described above. The paper must also state that the signature is for notification only, and that signing the notification does not waive any rights to oppose the proposed home occupation at the Planning Commission meeting.

The Planning Commission may delegate to the Planning and Zoning Director the responsibility to review all requests for a home occupation permit and to conduct such research and investigations as are required to determine compliance with the terms of this section and to submit a report of findings and recommendations for each application to the Planning Commission.

When, upon a review of the findings and report, the Planning Commission determines that the proposed use will be established and operated in accordance with the criteria hereinafter set forth and will be consistent with the intent provisions of the Code relating to home occupations, they shall pass a motion approving the establishment of the proposed home occupation. The effect of such approval shall be: 1) to authorize the establishment of the home occupation, subject to continued compliance with the representations set forth in the application and any conditions which may be attached by the Planning Commission and 2) to authorize the issuance of a business license.


D. Conditions And Criteria: All home occupations shall be subject to full compliance with the following conditions and criteria:

1. Home occupations shall be listed as a permitted or conditional use in the zone.

2. Except as specifically provided for herein, the home occupation shall be conducted entirely within a completely enclosed structure on the property. Detached structures where a home occupation is being conducted must be located within fifteen feet (15') of the residential dwelling. The Planning Commission may permit a business in a detached structure not located within fifteen feet (15') of the residential dwelling if the structure is located more than fifty feet (50') from any residential structure not located on the same lot as the structure.

3. Except as specifically provided for herein, the home occupation shall occupy not more than the equivalent of twenty five percent (25%) of the living area of the dwelling or five hundred (500) square feet, whichever is less. This shall also apply to detached structures.

4. The activities of the home occupation shall be conducted by members of the residing family. Provided that not more than one (1) person, not a member of the residing family, may be engaged in the home occupation.

5. Any sale of goods not produced as part of the home occupation shall constitute a clearly incidental part of the operation of the home occupation. There shall be no display of goods produced by the home occupation observable from outside the dwelling.

6. No commercial vehicles shall be stored at the premises except one (1) delivery truck which shall not exceed ten thousand (10,000) GVW rated capacity.

7. Not more than six (6) cars (including those owned by the resident family) may be parked at the residence at any one time and such vehicles shall be parked within the driveway or in front of the residence. Clients of the home occupation shall not park or store vehicles at the premises overnight.

8. The home occupation shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not have the effect of changing the character of the building or the attendant yard area from that of a dwelling.

9. Signs shall be limited to one (1) nonilluminated identification nameplate not larger in area than four (4) square feet. Electric or electronic signs shall not be permitted. No on site advertising signs shall be permitted. The sign must be attached to the building where the home occupation is to take place.

10. The home occupation shall be registered with the license agency of the City and shall maintain a current business license in accordance with City regulations.

11. Entrance to the home occupation from outside shall be through the same entrance normally used by the residing family except when a separate entrance may be required by regulation of the State Health Department or other public agency. The garage door shall not be used to satisfy this requirement.

12. The activities of the home occupation shall not involve the use of hazardous materials or chemicals in amounts that will increase the hazard of fire, explosion or safety to the structure the use is conducted in, adjacent structures, or the occupants thereof.

13. The operation of the home occupation shall not produce any noise, smoke, glare, light, fumes, dust, electronic interference or similar condition which is readily discernible outside the structure the use is conducted in.

14. The physical appearance, traffic, and other activities in connection with the home occupation will not be contrary to the intent of the zone in which the home occupation is located and will not depreciate surrounding property values or the quality of the area for residential purposes as determined by the City.

15. The home occupation shall be operated in compliance with any applicable City or State requirements.

16. The home occupation applicant must either be the bona fide owner of the home (as shown on the current Utah County tax assessment rolls) or if the applicant is renting or leasing the home, the homeowner must provide written permission allowing the applicant to conduct a business in the home. Said letter of permission must be signed and notarized by the homeowner.

17. Athletic, swimming and water safety lessons may be conducted on an outdoor court, in an outdoor pool, or on a similar outdoor facility that is purpose built for the activity. For example, tennis lessons conducted on a purpose-built tennis court or swimming lessons in an appropriately sized pool.

18. The Planning Commission has the authority to set hours of operation based on legitimate impacts that are identified during the approval process or during a review of the permit for any reason.


E. Planning Commission May Attach Conditions: In order to more fully achieve the purposes of this section and to protect the health, safety and quality of the residential environment in the area the Planning Commission may attach conditions to the establishment and/or operation of a home occupation not inconsistent with the standards hereinabove stated.


F. Continuing Obligation; Business License Required: All home occupations shall be operated in compliance with the conditions and criteria hereinabove set forth and any conditions which may be attached by the Planning Commission as part of the approval. Upon approval by the Planning Commission the applicant shall be eligible to obtain a City business license. Issuance of the business license shall be conditioned upon continued performance of the conditions of approval and said license may be revoked or refused renewal upon a determination made by the Planning Commission, following notice and hearing on the matter, that the owner and/or operator has failed to maintain or operate the home occupation in accordance with the conditions of approval.


G. Administrative Approval: Administrative approval for a home occupation may be granted by the Planning and Zoning Director, if the home occupation can meet the following criteria:

1. The applicant must be able to meet all of the listed requirements and criteria for the home occupation in subsection D of this section. However, the stricter requirements in this section shall apply to administrative approvals.

2. The home occupation is conducted entirely within the home or main residential structure.

3. The home occupation does not involve direct sales of goods, crafts or otherwise, and will not have clientele visiting the home business.

4. The home occupation does not involve the making or manufacturing of goods, crafts, or otherwise.

5. The activities of the home occupation shall be conducted by members of the residing family only. No other person(s) may be engaged in the home occupation.

6. The Planning and Zoning Director shall review all administrative approvals on an annual basis when the business license is up for renewal. If it is the finding of the Planning Director that the business has expanded beyond what the administrative approvals allow, then the business license and home occupation must be approved by the Planning Commission.

7. The Planning and Zoning Department shall not be bound to grant administrative approvals for home occupations. If for any reason the Planning and Zoning Director, at his/her discretion, decides not to grant administrative approval, the applicant must then seek approval from the Planning Commission.


H. Background Checks: Background checks will be conducted on all applications for home occupations.


I. Appeals From Decisions Of The Planning Commission: Any decision made by the Planning Commission under authority of this section may be appealed by application to the City Council.

The approval of the home occupation permit shall be valid for the remainder of the year in which it is first granted. Thereafter the approval will be extended for successive one (1) year periods, commencing on January 1 of the calendar year provided: 1) that the home occupation is found to be substantially the same as initially approved and 2) that the home occupation has remained active as evidenced by the acquisition of a valid business license for the previous year. (Ord. 2017-02, 6-7-2017, eff. 7-6-2017)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259095
18.84.390: MINIMUM LEVEL OF IMPROVEMENTS TO BE INSTALLED BEFORE BUILDING PERMITS MAY BE ISSUED:linklink

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


A. A culinary water main and pressurized irrigation, which conform to City standards and extends to and across the lot. (See title 13, chapter 13.20 of this Code for requirements regarding the extension of water lines to unserviced lots.)


B. A water service line and a pressurized irrigation line including the service tap, pipe and meter housing and assembly, constructed in accordance with City standards.


C. A hard surfaced access road (City street) having a right-of-way width which conforms to the minimum City standard and extends to and across the lot (see title 13, chapter 13.20 of this Code for requirements regarding the extension of City streets to unserved lots). In the case of a road which is part of an approved subdivision plat or road extension, a building permit may be issued with only the subbase and gravel base installed, provided that the City holds a performance guarantee for the completion of the road improvements. Paving will be required from the existing edge of pavement to any required or existing curb and gutter.


D. A sewer main, which conforms to City standards and extends to and across the lot. (See title 13, chapter 13.20 of this Code for requirements regarding the extension of sewer lines to unserviced lots.)


E. A permanent sewer service line constructed according to City standards.


F. Curb, gutter and sidewalk as determined necessary by the City Engineer.

1. An applicant may petition the Planning Commission to waive the requirement for curb, gutter, and/or sidewalks. However, the Planning Commission may only waive or modify the requirements if it is determined to more effectively achieve the policies, goals, and objectives of Mapleton City. The modifications shall be consistent with appropriate engineering measures to protect public safety.


G. A plat map has been recorded with the Utah County Recorder in accordance with section 17.04.120 of this Code. (Ord. 2014-04, 3-19-2014, eff. 4-13-2014)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259096
18.84.395: RANCH DEVELOPMENT:linklink

Upon approval by the Planning Commission with the issuance of a conditional use permit, an exemption to section 18.84.390 of this chapter for a building permit may be issued for one single-family dwelling unit provided that it meets the following criteria and requirements: (Ord. 2013-05, 6-18-2013, eff. 7-12-2013)


A. The property, or a minimum of two (2) acres of the property, must be located in the A-2 Zone. (Ord. 2018-07, 6-6-2018, eff. 6-28-2018)


B. The property must be at least five (5) acres in size. (Ord. 2013-05, 6-18-2013, eff. 7-12-2013)


C. The property must not have frontage onto an existing City street or dedicated public right-of-way.


D. A City street cannot be extended to the property without the purchase of additional property needed to extend the right-of-way.


E. An applicant that meets the above criteria shall provide to the City the following:

1. Proof of an easement needed to access the property.

2. Proof of an easement necessary for the extension of water lines and sewer lines necessary to serve the property.

3. Proof that the roadway to the proposed home is wide enough for emergency vehicle access.


F. Additional requirements:

1. Unless otherwise approved by the City Council, all homes shall be serviced with City water and sewer to meet City standards. The City Council may only grant an exception to this requirement if the applicant's property is located more than three hundred feet (300') from existing water and sewer lines, and the applicant can demonstrate that they have an approved culinary water well capable of providing an approved adequate water supply needed to sustain the residents of the home, the landscaping around the home, and the flow necessary to meet the fire flow protection as outlined in the International Fire Code. A fire suppression system may be approved in lieu of required fire flow as long as it is designed to meet International Fire Code, and approved by the City Fire Marshal. The home shall be required to hook up to the City water system once the service has been extended to the property.

a. If the property is located farther than three hundred feet (300') from the nearest sewer line or sewer line stub, then the City Council may allow the use of a temporary sewer holding tank. The tank must be built to meet the wastewater needs of the home, and must be able to be pumped out by means of a private sewer disposal company.

(1) Properties that are allowed to hold the sewer instead of hooking up to the City sewer, shall be required to hook up to the City sewer if the sewer line is extended at some future time within three hundred feet (300') of the property. Sewer impact fees shall be paid when the home is required to hook up to the City sewer system, however, monthly sewer fees shall be paid by the homeowner regardless if the home is hooked up to the City sewer or not. Septic tanks shall not be permitted.

2. Driveways shall be road base the entire distance from the nearest hard surface roadway to the location of the proposed home.

3. Guesthouses for agricultural workers, or owner occupied accessory apartments shall be attached to home, and shall also be subject to the requirements in section 18.08.010 of this title.

4. Homes and all or any accessory structures shall be situated on the property so as to not impede any future rights-of-way, roads or City streets as shown on the official Mapleton City transportation Master Plan map.

5. Other conditions may be required by the Planning Commission, including, but not limited to, height of building, location of building on the property, setback, roadway design, street dedication through the property to conform with the official transportation Master Plan map, and other criteria which may not be listed herein.


G. Any future development of the property, including any subdivision of the property will void this exception, and all requirements and regulations outlined in title 17 of this Code, and this title shall apply to the existing home, including the installation of street improvements, and extensions of all City services. (Ord. 2003-12, 5-7-2003, eff. 6-4-2003)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259097
18.84.400: DEVELOPMENT AGREEMENTS:linklink


A. General: Mapleton City may, but under no circumstances is it required, enter into a development agreement. The development agreement shall constitute a binding contract between the applicant and the City (the "parties") and shall contain those terms and conditions agreed to by the parties and those required by this section. The City Planner, Planning and Zoning Director and the City Attorney, or their designees, are authorized to negotiate development agreements on behalf of the City.


B. Criteria For Entering Into A Development Agreement: The City may enter into a development agreement pursuant to this chapter only if:

1. The development agreement has been duly adopted in accordance with the provisions of this chapter;

2. The development agreement is associated with a proposed development meeting the following size thresholds:

a. For residential and nonresidential developments, a cumulative project size of not less than ten (10) acres.

b. The proposed development is a development that will have significant impact on the City.

c. The proposed development, to which the development agreement pertains, is in conformity with the then adopted General Plan, Capital Improvements Program, requirements; and the proposed development which is subject to the agreement, contains mere conformity, in accordance with the criteria established in this Code and other development, and which improvements are of a substantial benefit to the City.


C. Effect Of Approval: For applications submitted and which are subject to a development agreement with the City, it is hereby expressly declared that the intent of this provision is to create a vested right in the parties to the agreement, according to the terms of the agreement. The applicant's attorney shall certify that all covenants associated with any approved project comply with all Federal, State and local laws.


D. Covenants: Any covenant by the City contained in the development agreement to refrain from exercising any legislative, quasi-legislative, quasi-judicial or other discretionary power, including rezoning or the adoption of any rule or regulation that would affect the proposed subdivision, shall be limited to a period of five (5) years. The covenant shall also contain a proviso that the City may, without incurring any liability, engage in action that otherwise would constitute a breach of the covenant, if it makes a determination on the record that the action is necessary to avoid a substantial risk of injury to public health, safety and general welfare. The covenant shall contain the additional provision that the City may, without incurring any liability, engage in action that otherwise would constitute a breach of covenant, if the action is required by Federal or State law.


E. Attorney Costs: Except as otherwise expressly provided in the development agreement, the applicant shall reimburse the City for any legal costs the City incurs while negotiating and drafting the development agreement. (Ord. 2002-05, 3-20-2002)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259098
18.84.410: OWNER OCCUPIED ACCESSORY APARTMENTS:linklink


A. Purpose And Objective: The purpose and objective of the owner occupied accessory apartment ordinance is to accommodate supplementary living accommodations in some appropriate areas of the community. These provisions are intended to meet community demands for affordable housing and residential accommodations for transient residents and extended family residents with reasonable limitations on their use and impact on neighboring properties and neighborhoods.


B. Exemptions: Except as provided under subsection I of this section regarding a separate dwelling unit, the provisions of this section do not apply if only family members, as defined under section 18.08.010 of this title, are residing at the residence.


C. Limitations On Owner Occupied Accessory Apartments:

1. Use And Location: An owner occupied accessory apartment is a permitted use in all residential zones, unless specifically prohibited by the zone text, under the following conditions:

a. Only one accessory apartment is allowed for a:

(1) Lot or parcel of land; and

(2) Primary dwelling unit;

b. The primary dwelling unit shall be a single-family detached dwelling unit;

c. Either the primary dwelling unit or the accessory apartment shall be occupied by a full time resident property owner as shown on the Utah County tax assessment rolls;

d. The minimum lot size where the primary dwelling unit is located shall not be less than fourteen thousand five hundred (14,500) square feet.

2. Parking:

a. A single-family dwelling with an owner occupied accessory apartment shall provide at least two (2) off street parking stalls designated for use by the accessory apartment in addition to the required off street parking required for the single-family dwelling.

b. A designated parking stall may not be located within a garage, unless at least two (2) other parking stalls within a garage are available for the primary dwelling unit.

c. Not more than one of the designated parking stalls may be located within:

(1) The front yard setback; or

(2) Side yard setback that is adjacent to a street.

d. A parking stall designated for use by the accessory apartment under subsection C2a of this section shall be paved or hard surface.

3. Utility Charges:

a. A single-family dwelling with an owner occupied accessory apartment shall be charged for the number of actual water connections and sewer connections.

b. All city provided utilities, including sewer, water, and garbage collection shall be in the property owner's name and the property owner shall be responsible for payment of all utilities.

c. In addition to the utilities charged under subsections C3a and C3b of this section, a single-family dwelling with an owner occupied accessory apartment shall be charged the equivalent of one hundred fifty percent (150%) of a monthly sewer connection fee, unless the single-family dwelling is not legally required to connect to the sewer system.

4. Minimum Dwelling Unit Size:

a. The size of an accessory apartment shall be at least three hundred (300) square feet and shall not exceed the size of the primary dwelling unit.

b. The primary dwelling unit shall maintain one thousand (1,000) square feet of finished living space separate from the accessory apartment.

c. The provisions of subsections C4a and C4b of this section do not apply to a single-family dwelling unit that existed prior to November 5, 2003, and converts the basement into an owner occupied accessory apartment. (Ord. 2008-14, 8-6-2008, eff. 9-24-2008)

5. Apartment Entrances:

a. The design, construction, and appearance of the single-family residence shall be maintained.

b. In accordance with the provisions of subsection C5a of this section, an entrance or exit to or from the apartment shall be:

(1) On the side or rear of the structure; or

(2) Not visible from the street.

c. All owner occupied accessory apartments attached to a single-family residence shall include an internal connection between the single-family residence and the accessory apartment. The required internal connection may not be through a garage. (Ord. 2011-11, 7-19-2011, eff. 8-14-2011)

6. Arrangements: A structure having an accessory dwelling unit under the provisions of this section shall provide separate kitchen, sleeping, and sanitary facilities for the accessory dwelling, that is separate from those provided as part of the primary dwelling unit.

7. Detached Buildings:

a. One owner occupied accessory apartment may be located within a detached garage or barn if:

(1) The lot is located on a parcel of one acre or more unless specifically prohibited by the zone text;

(2) The building serves as a function other than a separate dwelling unit; and

(3) The property owner resides in either the primary dwelling unit or the accessory apartment.

b. The detached garage or barn shall appear as if it was not a separate dwelling unit.

c. The size of the accessory apartment shall not exceed fifty percent (50%) of the total size of the garage or barn, and the apartment may not exceed one thousand (1,000) square feet.

d. The garage or barn shall be located on the same lot or parcel of property as the primary dwelling unit.


D. Owner Occupied Accessory Apartment Permit:

1. A person shall obtain a permit from the city if the person:

a. Is constructing or causing the construction of a residence that has an accessory apartment;

b. Is remodeling or causing the remodeling of a residence for an accessory apartment; or

c. Desires an accessory apartment.

2. Before the permit is issued, the applicant shall:

a. Submit a site plan drawn accurately to scale that shows property lines and dimensions, the location of existing buildings or additions, dimensions from buildings or additions to property line, the location of parking stalls, and utility meters.

b. Include detailed floor plans drawn to scale with labels on the primary dwelling unit and the accessory apartment rooms indicating uses or proposed uses.

c. Pay fees, including a onetime owner occupied accessory apartment permit fee as established by Mapleton City for an accessory apartment in accordance with Mapleton City's established fee schedule, available at the Mapleton City offices.

3. a. After an owner occupied accessory apartment permit fee has been paid for an accessory apartment use at one location, no owner occupied accessory apartment permit fee will be required for future accessory apartment use of the same building.

b. If the proposed accessory apartment is located within a proposed new home, the owner occupied accessory apartment permit fee shall be paid for the new home.

c. The planning and zoning director in consultation with the city administrator and city controller, may establish a payment schedule by written agreement for the payment of the owner occupied accessory apartment permit fee for existing accessory apartments under this section.

(1) The agreement shall:

(A) Allow an applicant up to three (3) years to pay the onetime owner occupied accessory apartment permit fee, without interest charges, in equal payments made on a monthly or annual basis using a payment method specified by the city; and

(B) Provide for penalties for late payments consistent with existing city policies.

d. The owner occupied accessory apartment permit fee for an accessory apartment planned for a new home shall be paid at the time the impact fee is paid for the primary dwelling unit.

4. If the planning and zoning director denies an owner occupied accessory apartment permit, the decision is appealable to the city council. Appeal must be made to the city council within forty five (45) days, or the decision of the planning and zoning director is final.


E. Withdrawal Of Permit:

1. A permit for an accessory apartment may be withdrawn by the city planning and zoning director if:

a. The conditions upon which the permit has been issued no longer are maintained by the property owner; or

b. The property owner applies for a withdrawal which application shall include an affidavit that the property owner is not and will not allow any occupant to use the accessory apartment as a dwelling unit except in accordance with this section.

2. If made under this subsection E, a withdrawal allows the applicant to cancel additional city utility fees required under subsection C3 of this section while the accessory apartment is not occupied.

3. If the property owner allows the accessory apartment to be occupied as a dwelling unit during the period of a withdrawal under this section, all city utility fees from the date of the withdrawal are immediately due and payable to the city along with ongoing city utility fees required under subsection C3 of this section.

4. A withdrawal may be canceled under this section if the applicant applies for a new permit, pays an application and inspection fee in accordance with the city fee schedule, and obtains a permit under this section for an owner occupied accessory apartment.

5. If the planning and zoning director withdraws a permit or denies a new permit, the decision is appealable to the city council. Appeal must be made to the city council within forty five (45) days, or the decision of the planning and zoning director is final.


F. Building Codes: All construction and remodeling shall comply with building codes in effect at the time of construction or remodeling, except that it is optional with the property owner whether to provide separate gas, water, and electrical systems.


G. Prior Uses:

1. Owner occupied accessory apartments have not been, prior to November 5, 2003, a legal use of land within Mapleton City.

2. No accessory apartments existing prior to November 5, 2003, shall be "grandfathered", or considered legal solely because they were previously used as an accessory apartment.

3. It is the intent of the City Council that all owners of an accessory apartment promptly apply for and, upon compliance with this section, be issued a permit.


H. Addressing: An owner occupied accessory apartment will not be given a new address by the City. Homes with owner occupied accessory apartments can refer to mail to its accessory apartment by the same address as the home and refer to the main address as "A" and the accessory apartment address as "B".


I. Separate Dwelling Units:

1. Except as provided under this section or as specifically provided by ordinance, no other type of apartment is allowed.

2. Any portion of a home or dwelling unit that has been sectioned off so that any occupant in the dwelling does not have access to any portion of the home, and contains separate living quarters and/or a kitchen, regardless of the relationship of the occupants, is prohibited unless:

a. It meets all of the requirements of this section; and

b. An application has been made and a permit issued in accordance with the requirements of this section. (Ord. 2008-14, 8-6-2008, eff. 9-24-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259099
18.84.415: MULTIPLE KITCHENS PERMITTED:linklink


A. The number of kitchens on a parcel or lot that includes a dwelling unit is regulated as provided under this section.


B. 1. An owner of a parcel or lot that includes a dwelling unit shall apply for a building permit with the Department of Community Development for each kitchen within the dwelling unit.

2. An owner of a parcel or lot that includes accessory building(s)/structure(s) on the parcel or lot shall apply for a building permit with the Department of Community Development for each kitchen that is located in the accessory building(s)/structure(s). Only one accessory building/structure may allow for living quarters if:

a. The accessory building/structure is located on a parcel or lot of twenty thousand (20,000) square feet or more unless specifically prohibited by the zone text;

b. The size of the living quarter shall not exceed fifty percent (50%) of the total size of the accessory building/structure, and the living quarter may not exceed one thousand (1,000) square feet; and

c. Only family members, as defined under section 18.08.010 of this title, are residing in the primary dwelling unit and accessory building/structure.


C. If an owner of a parcel or lot is required to apply for a building permit under subsection B of this section:

1. For a new dwelling unit or accessory building/structure, only one building permit is required if each kitchen proposed is shown on the building permit drawings; and

2. For an existing dwelling unit or accessory building/structure, a building permit is required for each new kitchen proposed as shown on the building permit drawings.


D. The building permit(s) required under this section are for the purpose of enforcement of section 18.84.410, "Owner Occupied Accessory Apartments", of this chapter. (Ord. 2010-08, 11-16-2010, eff. 12-28-2010)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259100
18.84.420: ADEQUATE PUBLIC FACILITIES:linklink


A. Intent: It is Mapleton City's intent to promote and encourage expansion and development of public service facilities within Mapleton City that will support the existing residents and businesses safely, and the planned growth of the community. It is also Mapleton City's intent to encourage future patterns of development and land use that:

1. Reduce infrastructure construction cost and operation; and

2. Make efficient use of existing or planned facilities.


B. Definitions; Change In Use: For the purpose of this section, the words "development" and "project" shall mean any construction, expansion, change in use of buildings, or change in use of land in conjunction with the subdivision of land that has the effect of:

1. Increasing the need or demand for a public facility or service; or

2. Utilizing existing public facility or service capacity; or

3. Causing an existing public facility or service level of service standard to decline.


C. Timing And Sequence Of Development: Mapleton City will require development to be timed and sequenced in a manner consistent with the capacity of available public services and facilities. In order to enact this policy, the following will be required:

1. All development including all of its future phases must ensure that all services required for the development are in place or constructed concurrently with the timing of the project. All required service must be active by completion of the development. All on site and/or off site improvements must be ensured they will be completed satisfactorily and on schedule and adequate guarantees must be in place before occupancy.

2. A detailed public infrastructure review and study process is to be completed by developers of new projects.

3. All on and off site public facilities required exclusively to achieve capacity, or supply for the new development will be constructed to city standards and specifications and paid for by the developer.

4. Prior to approval, the developer must show that the development meets, will meet or exceeds Mapleton City's established level of service in the following categories, as adopted:

a. Water;

b. Recreation facilities;

c. Wastewater/sewer;

d. Drainage;

e. Public safety;

f. Transportation level of service.

5. A traffic impact analysis including, at a minimum, the following:

Show that streets:

a. Are adequate to serve or accommodate emergency vehicles;

b. Will permit the installation of public utilities and other public services;

c. Are not detrimental and would not result in the inability to develop adjacent lands in conformity with sound planning practices;

d. Will not cause existing street patterns to be fragmented;

e. Are in compliance with the Mapleton City master street plan as currently existing or as may be amended in the future. (Ord. 2002-05, 3-20-2002)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259101
18.84.430: PORTABLE SHIPPING AND CARGO STORAGE CONTAINERS:linklink


A. Mapleton City prohibits the placing of shipping and cargo storage units used for shipping in all zones of Mapleton City with the exception of the commercial zone and the industrial manufacturing zone, where these units are being used for shipping merchandise, receiving merchandise or in construction sites for a period not to exceed one hundred twenty (120) days. Violation of this section shall be a class B misdemeanor and will be prosecuted as such. (Ord. 2002-08, 7-3-2002)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259102
18.84.440: RESIDENTIAL SOLAR ENERGY DEVICES:linklink


A. Purpose: The purpose of this section is to:

1. Regulate the permitting of residential solar energy devices for personal, nonutility scale use; and

2. Encourage renewable energy practices while mitigating negative effects.


B. Scope: This section shall regulate all "solar energy devices" (defined as devices designed to capture, convert, store, or use solar energy) within the boundaries of Mapleton City, including, but not limited to:

1. Photovoltaic solar panels; and

2. Solar water heating devices.


C. Roof Mounted Devices: Roof mounted solar energy devices are allowed in residential zones, if they are incidental to the main dwelling unit, or incidental to any other dwelling units, subject to the following conditions:

1. Solar energy devices must be mounted parallel to the roof, or mounted with a maximum separation of three feet (3') vertically above the roof surface in order to facilitate cooling or more efficient angles for capturing solar energy;

2. In no case shall roof mounted solar energy devices extend above the peak of the roof of a building; and

3. In no case shall the solar energy device be closer than three feet (3') from the end of the gable for purposes of fire access.


D. Ground Mounted Devices: Ground mounted solar energy devices are allowed in residential zones.

1. Setbacks:

a. The minimum yard setbacks for a ground mounted solar energy device from side and rear property lines is ten feet (10').

b. Ground mounted solar energy devices are prohibited in front yards, between the principal building and the public street.

c. Ground mounted solar energy devices shall not be placed within any legal easement or right of way location, or be placed within any stormwater conveyance system or in any other manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system.

2. Height:

a. Ground mounted solar energy devices shall not exceed six feet (6') in height at maximum tilt above the natural grade surrounding the systems.

3. Coverage:

a. The surface area of the arrays of a ground mounted solar energy device, regardless of the mounted angle of any solar panels, shall be considered impervious and calculated in the lot coverage of the lot on which the system is located.

b. The total surface area of the arrays of ground mounted solar energy device on the property shall not exceed more than five percent (5%) of the lot area. For example: 10,000 sf lot x 5% = 500 sf.

4. Screening:

a. Ground mounted solar energy devices shall be screened from any adjacent property that is residentially zoned or used for residential purposes by a sight obscuring fence or by plant materials which provide a visual screen. Visual screening or fencing is subject to the height and location restrictions found in section 18.84.130 of this chapter. Screening must be in place prior to a final inspection by the building official for the solar energy device.

5. Safety:

a. All power transmission lines from a ground mounted solar energy device to any building or other structure shall be located underground and/or in accordance with the applicable electric code.

b. Appropriate safety/warning signage concerning voltage shall be placed at ground mounted electrical devices, equipment, and structures. All electrical control devices associated with the solar energy device shall be locked to prevent unauthorized access or entry.

6. Removal:

a. Ground mounted solar energy devices must be upgraded, repaired or removed from the property within three (3) months of becoming inoperable, inefficient or obsolete.


E. Reduction Of Glare: All solar energy devices shall have a dark colored surface/finish on the majority of the device, excluding incidental framing parts, which shall be designed to reduce glare.


F. Installation: The installation of solar energy devices shall require a building permit in all cases, and shall be subject to Building Code requirements adopted by Mapleton City.


G. Solar Easements: Recognizing the property rights of other property owners to construct buildings as allowed by Mapleton City zoning ordinances, and the rights of property owners to plant trees or vegetation on their properties, Mapleton City shall have no obligation to ensure access to sunlight for owners of any solar energy devices. Any property owner desiring to maintain access to sunlight for their property through adjacent properties shall obtain solar easement(s) as provided in Utah Code title 57, chapter 13, solar easements, as amended. Solar easements shall be privately enforced through civil action by private property owners.


H. Conflicting Provisions: Notwithstanding the provisions of this section:

1. Individual residential zones may contain stricter provisions regulating solar energy devices; and

2. In the case of any conflict between the provisions of this section, the individual residential zone's provisions shall prevail.


I. Support: A structural engineer shall certify that the structure to which a solar energy device is mounted is engineered to properly support the solar energy device. (Ord. 2016-05, 9-7-2016, eff. 10-3-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259103
18.84.450: FLAGPOLE AND FLAG:linklink


A. A flagpole is permitted in all zones.


B. 1. Except as provided under subsection B2 of this section, the maximum height of a flagpole may not exceed the maximum height allowed for any structure in the zone where the flag is located.

2. A conditional use permit may be granted for a flagpole displaying only the flag of the United States or State of Utah up to a maximum height of one hundred twenty feet (120') in nonresidential zones.


C. A "flag" as defined under section 18.08.010 of this title of any type is allowed except for commercial flags used for advertising purposes.


D. 1. A flagpole may not be located in a manner as to cause a safety hazard.

2. A flag may not extend beyond the property line of the lot on which the flagpole is located.

3. Lighting fixtures shall be shielded to prevent direct illumination of adjoining properties and public right-of-way.


E. An application for a conditional use permit authorized by subsection B2 of this section shall include a plan showing the location, height, material, and footing specifications. (Ord. 2008-20, 11-19-2008, eff. 2-4-2009)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259104
18.84.460: APPEALS:linklink


A. Appeals To The Planning Commission: Decisions made by the Community Development Director or other official enforcing the provisions of this chapter may be appealed to the Planning Commission by filing a notice of appeal in writing with the Planning Commission Secretary. All valid appeals shall be filed within ten (10) business days of the date of action and shall include payment of the required filing fees as established by City Council resolution.

1. Such notice of appeal shall set forth specifically the ground or grounds upon which such appeal is taken, and the name, address and signature of the appellant.

2. Within ten (10) business days after receipt of a valid appeal the Planning Commission Secretary shall set a date for public hearing at which the appeal shall be considered by the Planning Commission. All appeals shall be set for the next regular Planning Commission meeting unless insufficient time exists for public notice as established by State Code.


B. Appeals To The City Council: Decisions made by Planning Commission to approve or deny projects or appeals may be appealed to the city council by filing a notice of appeal in writing with the city recorder. All valid appeals shall be filed within ten (10) business days of the date of action and shall include payment of the required filing fees as established by city council resolution.

1. Such notice of appeal shall set forth specifically the ground or grounds upon which such appeal is taken, and the name, address and signature of the appellant.

2. Within ten (10) business days after receipt of a valid appeal the city recorder shall set a date for public hearing at which the appeal shall be considered by the city council. All appeals shall be set for the next regular city council meeting, unless insufficient time exists for public notice as established by state code.


C. Stay Of Proceedings Pending Appeal: An appeal stays all proceedings in furtherance of the action appealed from, unless the community development director, planning commission or city council certifies after the notice of appeal shall have been filed, that by reason of facts stated in the certificate a stay would cause eminent peril of life or property. In such case proceedings shall not be stayed otherwise than by restraining order which may be granted by the district court on application and notice and on due cause shown.


D. Judicial Review Of City Council's Decision: Any person aggrieved by any decision of the city council may have and maintain a plenary action for relief therefrom in any court of competent jurisdiction; provided petition for such relief is presented to the court within thirty (30) days after the final decision by the city council. (Ord. 2013-04, 2-19-2013, eff. 4-1-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54382#s1259105