Chapter 6
SUPPLEMENTAL PROVISIONS APPLICABLE WITHIN ALL ZONESlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327
10-6-1: INTENT:
10-6-2: ANNEXATIONS:
10-6-3: AMENDMENTS TO ORDINANCE AND MAP:
10-6-4: MOTOR VEHICLE ACCESS:
10-6-5: EFFECT OF STREET PLAN:
10-6-6: MULTIPLE-UNIT DWELLINGS:
10-6-7: FRONTAGE ON A PUBLIC STREET:
10-6-8: ACCESSORY APARTMENTS:
10-6-9: CLEAR VIEW AREAS:
10-6-10: YARD SPACE FOR ONE BUILDING ONLY:
10-6-11: EVERY DWELLING TO BE ON A ZONING LOT:
10-6-12: SALE OR LEASE OF REQUIRED SPACE PROHIBITED:
10-6-13: YARDS TO BE UNOBSTRUCTED; EXCEPTIONS:
10-6-14: AREA OF ACCESSORY BUILDINGS:
10-6-15: STORAGE OF COMMERCIAL VEHICLES IN RESIDENTIAL ZONES PROHIBITED1 (REP. BY ORD. 08-01-2007, 8-15-2007, EFF. 8-16-2007):
10-6-16: ADDITIONAL HEIGHT ALLOWED FOR PUBLIC BUILDINGS:
10-6-17: MINIMUM HEIGHT ALLOWED FOR BUILDINGS:
10-6-18: DRAINAGE:
10-6-19: CONCESSIONS IN PUBLIC PARKS AND PLAYGROUNDS:
10-6-20: SEWAGE DISPOSAL:
10-6-21: LOCATION OF GASOLINE PUMPS:
10-6-22: POLLUTION PREVENTION:
10-6-23: MOVING OF HOMES OR STRUCTURES:
10-6-24: RECREATIONAL VEHICLES:
10-6-25: SIMILAR USES:
10-6-26: FENCES, WALLS, AND HEDGES:
10-6-27: TEMPORARY BUILDINGS (REP. BY ORD. 11-01-2010, 11-17-2010, EFF. 11-18-2010):
10-6-28: GRAVEL, SAND, EARTH EXTRACTION, AND MASS GRADING:
10-6-28-1: PURPOSE OF PROVISIONS:
10-6-28-2: INTERPRETATION, EXISTING OPERATION, AND RESTRICTIONS:
10-6-28-3: PERMITS:
10-6-28-4: APPLICATION CONTENTS:
10-6-28-5: BONDING:
10-6-28-6: FEES:
10-6-28-7: MARKETING OF MATERIALS:
10-6-28-8: ISSUANCE OF PERMIT:
10-6-28-9: CONDITIONS IN PERMIT:
10-6-28-10: MINIMUM LOT SIZE:
10-6-28-11: SETBACKS:
10-6-28-12: PARKING:
10-6-28-13: FENCING AND SCREENING:
10-6-28-14: HOURS OF OPERATION:
10-6-28-15: ROAD ACCESS:
10-6-28-16: ROAD MAINTENANCE:
10-6-28-17: OPERATION OF USE:
10-6-28-18: NOISE STANDARDS:
10-6-28-19: BLASTING:
10-6-28-20: TRANSPORTATION VEHICLE STANDARDS:
10-6-28-21: LIGHTING:
10-6-28-22: DRAINAGE:
10-6-28-23: EXCAVATION AND BACKFILLING:
10-6-28-24: VEGETATION:
10-6-28-25: VIOLATIONS, PENALTIES, SUSPENSION, AND REVOCATION OF PERMIT:
10-6-29: ILLUSTRATIONS:
10-6-30: TEMPORARY USES:
10-6-31: SPECIAL EVENTS BUSINESSES:
10-6-32: COMMERCIAL AND INDUSTRIAL DEVELOPMENT; GUARANTEE OF IMPROVEMENTS:
10-6-33: SEXUALLY ORIENTED BUSINESSES:
10-6-33-1: PURPOSE:
10-6-33-2: DEFINITIONS:
10-6-33-3: PERMITTED LOCATIONS AND RESTRICTIONS:
10-6-33-4: SIGN RESTRICTIONS:
10-6-34: TELECOMMUNICATIONS FACILITIES:
10-6-35: EXPIRATION OF LAND USE APPLICATIONS:

10-6-1: INTENT:linklink


The intent of this chapter is to accumulate provisions applying to all land and buildings within the incorporated area of the City into one section rather than to repeat them several times. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704204
10-6-2: ANNEXATIONS:linklink

All land annexed into the City shall be classified into the zoning district identified in the annexation declaration which will have been prepared prior to annexation. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704205
10-6-3: AMENDMENTS TO ORDINANCE AND MAP:linklink

This title and/or its provisions, including the official zoning map, may be petitioned for amendment by any citizen of the City of Santaquin as hereinafter provided, or through action initiated by the Mayor, City Council, Planning Commission, or the Director of Community Development.


A. Intent With Respect To Amendments: It is hereby declared to be public policy that this title shall not be amended except to more fully carry out the intent and purpose of the General Plan of the City and of this title.


B. Procedure: Any person seeking to enact or amend a land use ordinance or the zoning map shall submit to the Planning Commission a written petition designating the change desired and the reasons therefor and shall pay the required fee to the City. Upon receipt of the petition and the paying of the filing fee, the Planning Commission shall consider the request and shall certify its recommendations to the City Council with respect to the request within ninety (90) days from receipt of the request. Failure on the part of the Planning Commission to certify its recommendations to the City Council within ninety (90) days shall be deemed to constitute a recommendation for approval unless a longer period is granted by the City Council. The fee required herein shall be nonrefundable. The Planning Commission or City Council may also initiate amendments to this title or map.


C. Public Hearing Required Before Amending And Notice: A land use ordinance may be adopted only after a public hearing is held in relation thereto before the Planning Commission at which parties in interest and citizens shall have an opportunity to be heard. A notice of the time and place of such hearing shall be published in a newspaper of general circulation within the City. Said notice shall be published and posted in accordance with section 10-19-11, "Public Notification Of Land Use Applications", of this title. (Ord. 07-01-2013, 7-3-2013, eff. 7-5-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704206
10-6-4: 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, except as may be permitted by the Planning Commission, when it can be shown that additional driveways will promote traffic safety.


B. Driveways shall be not closer to each other than thirty feet (30').


C. Each driveway approach shall be not more than thirty feet (30') in width in all zones measured at right angles to the centerline of the driveway. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704207
10-6-5: EFFECT OF STREET PLAN:linklink

Wherever a front or side yard is required for a building which abuts on a proposed street which has not been constructed but which has been designated by the Planning Commission as a future street, the depth of such front or side yard shall be measured from the edge of the proposed right-of-way. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704208
10-6-6: MULTIPLE-UNIT DWELLINGS:linklink


A. In addition to the architectural standards in subsection C of this section, the following site requirements shall apply to developments with multiple-unit dwellings having five (5) or more units and that are not part of a planned unit development:

1. Distance: Developments under this subsection A shall be separated by a five hundred foot (500') linear distance along the same street and a two hundred fifty foot (250') radial distance. All distances shall be measured from the nearest point of any lot containing an existing multiple-unit dwelling having five (5) or more units. These buffer requirements do not apply to or from properties located in the Main Street business district zones.

2. Parking Standards: Parking shall comply with the commercial design standards found in chapter 14 of this title.

3. Required Open Space:

a. Landscape yard requirements shall be the same as those outlined in chapter 15 of this title.

b. There shall be a minimum sixty (60) square foot private area attached to each unit, which may be a patio or balcony area, for the use and enjoyment of the associated tenant.

c. For multi-story or condominium developments of five (5) or more units, an additional four hundred (400) square feet of usable recreation open space per unit shall be provided exclusive of the required front yards.

d. One tot lot area shall be provided for each development consisting of at least eight (8) residential units except when developments are located within a publicly traversable distance of one thousand (1,000) linear feet of a public park that has a tot lot. In such cases, a tot lot may be replaced with another amenity (e.g., barbeque pavilion, gazebo, sports court, etc.) as approved by the Planning Commission. Each tot lot or approved amenity shall be at least six hundred (600) square feet. The size of playground equipment should accommodate and be designed for five (5) to twelve (12) year old children. An additional tot lot or approved amenity shall be provided for each additional twenty (20) units. The required tot lots and approved amenities can count towards the open space requirement.



Examples of open space (above left) and tot lot (above right) in a townhome style multiple-unit development.


B. In addition to the architectural standards in subsection C of this section, the following site requirements shall apply to developments having two (2) to four (4) units and which are not part of a planned unit development (e.g., duplexes, twin homes, triplexes and fourplexes, but not including accessory apartments):

1. Location: A two hundred foot (200') distance is required between parcels along the same street having two (2) to four (4) units and any other multiple-unit dwellings.

2. Parking Standards: Parking shall meet the requirements described in section 10-14-4 of this title. A maximum of thirty five percent (35%) of the area in the required front setback may be used for automotive parking or drive aisles. The remaining area may include landscaping, porch areas and/or walkways, as approved by the ARC.

3. Open Space:

a. All setbacks established by the underlying zone shall be met. In such instance, where a twin home development is proposed, the side setback which prohibits a shared or party wall to be constructed along a property line may be waived.

b. In addition to the required front yard setback, seven hundred (700) square feet of usable recreation open space shall be provided per unit.

4. Building Design: Each dwelling unit shall be distinguishable from the adjoining unit by means of building articulation and/or roof design. The following shall also apply:

a. Porches: Covered and open front porches should comprise at least fifty percent (50%) of the front elevation (not including the garage), in no case being less than ten feet (10') in width or six feet (6') in depth. Porches and porch overhangs may encroach into the required front setbacks up to ten feet (10').

b. Garages: Garages must meet all required setbacks. Garages should be subservient to the living area of the home. They should not be a dominant feature on the structure which could be accomplished by means of recessing the garage, or having a side entry attached or a combination of the above. Developments on corner lots should design the homes such that garage doors face separate streets.


Example of duplex with recessed garages.


C. The following architectural requirements shall apply to all multiple-unit developments. Compliance with these standards shall be determined by the City's Architectural Review Committee (ARC) before an application is made for a building permit:

1. Entrances: Where appropriate based on site layout, entrances to buildings or ground floor units should be oriented toward the public right-of-way with entry sidewalks that connect directly to public sidewalks. Entrances should be identifiable by an architectural treatment such as a covered portico or a different roofline treatment.

2. Fenestration: Each elevation shall have at least one window per unit on such elevation. Window openings shall be designed with three-dimensional relief, which may include a combination of pop outs, shutters, keystone features, etc.


Appropriate use of three-dimensional relief around windows and doors.

3. Building Articulation: All exterior walls shall be articulated through combinations of the following techniques:

a. Facade modulation: Stepping portions of the facade to create shadow lines and changes in volumetric spaces,

b. Use of engaged columns or other expressions of the structural system, porch columns must be wrapped with an appropriate brick or stone or other substantial architectural features,

c. Providing projections such as balconies, cornices, covered entrances, porte-cocheres, trellises, pergolas, arcades and colonnades (providing such trellises and awnings extend outward from the underlying wall surface at least 24 inches),

d. Variation in the rooflines by use of dormer windows, overhangs, arches, stepped roofs, gables or other similar devices,

e. Wraparound porches, particularly on corner lots,

f. Rear and side elevations are not allowed to be flat wall expanses. They must be articulated by at least two (2) of the following means: change in wall plane of five feet (5') for every thirty feet (30'), covered deck or patios along at least forty percent (40%) of the rear elevation, bay or box windows, or chimneys, horizontal or vertical material changes (e.g., wainscot, gable finish, etc.), or sufficient plantings to create similar variation to the plane of the building elevations.



Appropriate articulation on a multi-family structure.

4. Rooftop Equipment: Rooftop equipment shall be screened from view of public rights of way and, except solar energy equipment, completely enclosed on all sides. Venting systems on roofs should be designed to blend into the structure, such as incorporated within faux chimneys, colored to match roofing materials, screened by parapet walls, etc.


Appropriate rooftop equipment treatments.

5. a. Fences And Walls: Developments shall install a six-foot (6') decorative wall, to be reviewed and approved by the architectural review committee (ARC), constructed of stone, masonry, or concrete along the perimeter of the development. City suggested walls include the following:













b. Perimeter landscaping must be in accordance with the city adopted buffering standards. Chainlink and vinyl are not allowed as fencing materials. The architectural review committee may grant exceptions to fencing requirements on a case-by-case basis if it finds that the exception is in the best interest of the city.

6. Building Materials:

a. Exterior Materials:

(1) Thirty percent (30%) of any elevation facing a street must contain masonry materials. For calculation purposes, this shall include windows and entry door areas. Examples of permitted materials include: brick, stone, split faced block, or cut stone. Masonry material must wrap the corners a minimum of three feet (3') on the structure at outside corners.



Appropriate use of materials in context with building architecture.

(2) Wood, metal, or other paneling materials shall be reviewed on a case by case basis.

(3) Aluminum or vinyl materials are only allowed for soffit or fascia treatments except under the following conditions:

(A) Vinyl shake style panels may be permitted in gable areas on all elevations.

(B) A maximum of thirty five percent (35%) of front elevations can be covered with vinyl products.

(C) Any vinyl product must have the appearance of hardiboard or similar product with horizontal plank features having a minimum width of eight inches (8") and vertical planks having a minimum ten inch (10") width.

(4) Except as allowed in subsection C6a(1) of this section, material types shall wrap all corners and terminate at interior corner points.





Appropriate wrapping of corners.

(5) Multi-story buildings should provide materials and/or color changes that distinguish building levels, especially the ground level from upper stories.

b. Material Colors: Colors should consist of earth tones, e.g., natural shades of wood, stone or brick.

7. Minimum Floor Area: The minimum floor area of each unit shall not be less than nine hundred (900) square feet. Multi-story dwellings should have a minimum floor area of one thousand two hundred (1,200) square feet.


D. Additional standards applicable to all multiple-unit developments:

1. Accessory Uses: Dwelling units which are part of an approved multiple-unit development may not have accessory apartments.

2. Landscaping: A landscaping plan shall be submitted for approval by the architectural review committee. All landscaping and maintenance systems shall be installed prior to a certificate of occupancy being granted. Where landscaping cannot be completed before October in the same year construction begins, a certificate of occupancy may be granted if a cash bond for completion of the landscaping is provided to Santaquin City. Bond amounts shall be determined by the city engineer consistent with the city development bonding regulations. Landscaping must be installed within six (6) months of bond posting.

3. Location: Multiple-unit structures may not be built on a flag lot or on properties created under the city's infill development standards. (Ord. 07-02-2013, 8-14-2013, eff. 8-15-2013; amd. Ord. 10-01-2014, 10-1-2014, eff. 10-2-2014; Ord. 11-02-2017, 11-21-2017, eff. 11-22-2017 Ord. 03-02-2018, 3-21-2018, eff. 3-22-2018; Ord. 08-01-2019, 8-6-2019, eff. 8-7-2019; Ord. 10-02-2019, 10-15-2019, eff. 10-16-2019)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704209
10-6-7: FRONTAGE ON A PUBLIC STREET:linklink

Except in large scale developments, flag lots, and on approved private streets, one side on each lot used as a dwelling site shall abut upon a street which has been designated or dedicated to the public for street purposes and the length of such abutting side measured at the setback line shall be at least as great as the width required for dwelling sites in the zone in which such building site is located. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704210
10-6-8: ACCESSORY APARTMENTS:linklink

Accessory apartments shall be allowed in any residential zone, subject to the following criteria: (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)


A. Location: Accessory apartments shall not be allowed on any parcel except those containing a single-family dwelling.


B. Number Of Accessory Apartments: A maximum of one accessory apartment shall be allowed on any one parcel.


C. Parking: Any property containing an accessory apartment shall provide one parking space for residents of the apartment and one guest parking space in addition to the parking to be dedicated to the residents of the single-family residence.


D. Utility Meters: A single-family dwelling with an accessory apartment shall have no more than two (2) meters for each water and gas utility service. (Ord. 04-01-2003, 4-2-2003, eff. 4-3-2003; amd. Ord. 03-02-2007, 3-7-2007)


E. Building Code: All construction and remodeling shall comply with building codes in effect at the time of construction or remodeling. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 04-01-2003, 4-2-2003, eff. 4-3-2003; Ord. 03-02-2007, 3-7-2007)


F. Building Entrances: In order to preserve the single-family residential appearance of the building, a new single-family structure approved with an accessory apartment shall not have a separate entrance at the front of the building or side of the building facing a street where the sole purpose of the entrance is to provide access to the accessory apartment. An accessory apartment approved in an existing structure may use existing entrances on any side of the structure. (Ord. 04-01-2003, 4-2-2003, eff. 4-3-2003; amd. Ord. 03-02-2007, 3-7-2007)


G. Construction And Remodeling: Any person constructing, causing the construction of a residence that has an accessory apartment, remodeling, or causing the remodeling of a residence for an accessory apartment, or any person desiring an accessory apartment shall obtain a building permit from the city of Santaquin. Before a permit may be issued, the applicant shall:

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

2. Include detailed floor plans drawn to scale with labels on rooms indicating uses or proposed uses.

3. Pay fees in accordance with the city of Santaquin resolution establishing fees and charges.


H. Prior Uses: For preexisting accessory apartments, a permit for the accessory apartment shall be required, in addition to any permit required for the work to be done, at such time that construction, remodeling, or change of use occurs to the structure in which the accessory apartment is located. The city building official shall issue a permit for any such accessory apartment prior to construction, remodeling, or change of use and upon finding compliance with the uniform building code and the following conditions:

1. The accessory apartment is in compliance with the zoning ordinance, and

2. A building permit was issued when the apartment was constructed or remodeled. If no building permit was issued at the time of construction or remodeling, the applicant shall pay an inspection fee and the chief building official (CBO) or designee shall inspect the apartment for life safety violations. All violations identified by the CBO shall be corrected before a permit may be issued. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 04-01-2003, 4-2-2003, eff. 4-3-2003; Ord. 03-02-2007, 3-7-2007)


I. Other Similar Units: Accessory apartments shall include basement rentals, caretaker apartments, and other units of a similar nature and shall be a permitted use in all zones where single-family dwellings are permitted. (Ord. 04-01-2003, 4-2-2003, eff. 4-3-2003; amd. Ord. 03-02-2007, 3-7-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704211
10-6-9: CLEAR VIEW AREAS:linklink


A. Clear View Areas Defined: No obstruction which will obscure the view of automobile drivers or pedestrians shall be placed on any corner lot within a triangular area, defined to be the "clear view area", as provided in the following table and diagrammed below:

Design Speed   Triangle Leg Dimensions  
25 mph   40' x 40'  
35 mph   50' x 50'  
 45+ mph   70' x 70'  

Where roads of differing speeds intersect, the triangle legs shall have dimensions respectively to the speeds (e.g., a 25 mph road intersecting with a 45 mph road would have clear view areas with triangle legs being 40 feet by 70 feet with the longer viewing distance being along the road with the greater traveling speeds). Three-way intersections may have a thirty foot (30') triangle leg extending perpendicular from the through street of the intersection.

FIGURE 1



Example clear view area measured along back of curb where curbing exists.

FIGURE 2



Example clear view area measured along edge of asphalt where no curb exists.


B. Landscaping: Low growing landscaping materials within the clear view area shall be kept below thirty six inches (36") in height. Trees are allowed in the clear view area but shall be pruned so that leafed branches are greater than eight feet (8') above nearest asphalt grade.


C. Driveways: No driveway entrance shall be allowed within the clear view area.



Example of inappropriate driveway placement and on street parking location relative to a clear view area.


D. Fencing: Fencing shall not exceed thirty six inches (36") within clear view areas.


E. Parking: On street parking is not permitted along the legs of a clear view area and may not conflict with the viewing angle established by an extension of the clear view area diagonal line. (Ord. 11-03-2014, 11-5-2014, eff. 11-6-2014)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704212
10-6-10: 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 the 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. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704213
10-6-11: EVERY DWELLING TO BE ON A ZONING LOT:linklink

Every building which contains a dwelling shall be located and maintained on a zoning lot as defined in this title. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704214
10-6-12: SALE OR LEASE OF REQUIRED SPACE PROHIBITED:linklink

No space needed to meet the width, yard, area, coverage, parking, or other requirement 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. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704215
10-6-13: YARDS TO BE UNOBSTRUCTED; EXCEPTIONS:linklink

Every part of a required yard shall be open to the sky and unobstructed except for permitted accessory buildings and except for ordinary and customary projection of sills, cornices, and other ornamental features and unenclosed steps and unwalled stoops, and porches, which may project up to three feet (3') into a required yard. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704216
10-6-14: AREA OF ACCESSORY BUILDINGS:linklink

Accessory buildings in any residential zone shall not cover more than a combined total of twenty five percent (25%) of the rear or side yard, as applicable. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704217
10-6-15: STORAGE OF COMMERCIAL VEHICLES IN RESIDENTIAL ZONES PROHIBITED2:linklink

(Rep. by Ord. 08-01-2007, 8-15-2007, eff. 8-16-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704218
10-6-16: 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. Church steeples are exempted from this provision so long as they are not used as a regular meeting place or other activities normally associated or considered to be part of the religious service. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704219
10-6-17: MINIMUM HEIGHT ALLOWED FOR BUILDINGS:linklink

No dwelling shall be erected which has an interior ceiling height of less than seven feet six inches (7'6") or one story above exterior grade, whichever is greater. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704220
10-6-18: DRAINAGE:linklink

Surface water from rooftops, lots, or irrigation ditches shall not be allowed to drain onto adjacent lots or streets, except as a part of a city approved storm drainage system. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704221
10-6-19: CONCESSIONS IN PUBLIC PARKS AND PLAYGROUNDS:linklink

Concessions, including, but not limited to, amusement devices, recreational buildings, and refreshment stands shall be permitted in a public park or playground when approved by the city council. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704222
10-6-20: SEWAGE DISPOSAL:linklink

All properties containing a property line located within three hundred feet (300') of an available public sewer shall connect to a public sewage system, as per Utah state code, section 10-8-38. Where domestic liquid waste facilities are located farther away than three hundred feet (300') from any available public sewer, a public sewer shall either be extended to connect with such facilities or else the disposal facilities must be constructed in accordance with Utah County health department standards before a building permit shall be issued for the building for which the sewage facilities are to be constructed. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704223
10-6-21: LOCATION OF GASOLINE PUMPS:linklink

Gasoline pump islands shall be set back not less than thirty feet (30') from any property line or residential zone boundary line. If the pump island is set on an angle to the property line, the island shall be located not less than thirty feet (30') from the closest point of the island to the property line. Lots from which gasoline is dispensed to customers at retail shall be not less than seventy five feet by one hundred feet (75' x 100') in size. Canopies over pump islands may extend to within ten feet (10') of the property lines. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704224
10-6-22: POLLUTION PREVENTION:linklink

Any use which emits or discharges gases, fumes, dust, or other pollutants into the atmosphere in amounts which exceed the standards as prescribed by the Utah state division of air quality and any use which emits or discharges liquids or solid material onto the soil or water in amounts exceeding the standards prescribed by the Utah state division of water quality, and the Utah state division of hazardous waste shall be prohibited. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704225
10-6-23: MOVING OF HOMES OR STRUCTURES:linklink

The legal moving of a dwelling or structure from one location to another is defined and permitted as outlined herein. Dwellings or structures which have had prior use shall be permitted within all zones in which dwellings or structures are permitted when approved by the building official, subject to the following conditions:


A. An application has been filed with the building official containing the following information:

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

2. Plot plan of the new site, showing adjacent lots on all sides of the property and indicating all structures and improvements on said lots.

3. Plans and specifications for the proposed improvements at the new location.

4. Certification by the building official that the structure is sound enough to be moved and that the condition, location, and use of the building will comply with the zoning ordinance and all other applicable codes and ordinances.


B. The building official finds:

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 quality of buildings existing in the area into which it is proposed to be moved.

3. That said building and the lot on which the building is to be located will conform to the requirements of the zoning ordinance and other applicable codes, ordinances, and regulations.

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

5. That all landscaping, walkways, and masonry work about the premises, and the required dedications, improvements for streets and facilities, and buildings shall be provided in conformity with the standards of the city.

6. That a bond or escrow account has been posted as a guarantee that the building and grounds will be improved as stipulated by the city council before the building is occupied and that the vacated site, when within Santaquin City, will be restored to a safe and sightly condition. The amount of the bond or escrow account shall be at least equal to the cost of employing a contractor to make the improvements to the buildings and premises as required by the city council. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704226
10-6-24: RECREATIONAL VEHICLES:linklink

It shall be unlawful to place a recreational vehicle on any lot or parcel of land in an area covered by the zone map and to use the same for human habitation except in compliance with one or more of the following conditions:


A. When temporarily parked on a lot and occupied by relatives or friends of the residing family, but not to exceed thirty (30) days.


B. When temporarily located on a lot on which a building is being constructed provided the recreational vehicle is connected to approved water and sewer facilities and that a bond or escrow account on the recreational vehicle shall first be posted with the city clerk guaranteeing the removal of the recreational vehicle from the lot upon issuance of an occupancy permit, but no later than one year from the date of the issuance of the original building permit.


C. When placed in a licensed mobile home park or recreational vehicle park. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704227
10-6-25: SIMILAR USES:linklink

A similar use is a use ruled by the city council, after a recommendation has been given by the planning commission, to be in harmony with and not be in conflict with the objectives and characteristics of the particular zoning district in which it is being proposed.

The use must be similar to the uses expressly permitted or conditionally permitted in the zone in which it is proposed with respect to traffic requirements, appearance, and emission of nuisances.

Upon the determination of the city council that a use is similar to those listed as permitted or conditional uses, that use shall be considered as a permitted or conditional use in the zone in which the determination was made. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704228
10-6-26: FENCES, WALLS, AND HEDGES:linklink


A. Restrictions: Fences, walls, hedges and other similar screening elements (hereafter referred to as fencing, for purposes of this section), which enclose all or a portion of any lot or property shall not exceed six feet (6') in height, subject to subsections B and C of this section, provided that no fencing shall exceed thirty six inches (36") in height within the front yard, nor in the clear view triangle, as defined in section 10-6-9 of this chapter.

1. Interior Lots And Properties: Fencing in excess of thirty six inches (36") in height, subject to subsection B of this section, shall not extend beyond the front setback or front outside corners of a building, whichever is farther from the front property line, as depicted in figure 1 of this section.

FIGURE 1



Interior lot maximum fencing height areas.

2. Corner Lots And Properties: Fencing in excess of thirty six inches (36") in height, subject to subsection B of this section, shall be allowed for the interior side of the property as outlined in subsection A1 of this section. For corner lots where no sidewalk exists along the secondary frontage, no fencing exceeding thirty six inches (36") in height shall be installed within ten feet (10') of the back of curb (see figure 2 of this section). Where sidewalk is installed along the secondary frontage, fencing may be installed to the property line.

FIGURE 2



Maximum fence height areas on a corner lot.


B. Retaining Walls: All retaining walls of four feet (4') in height or greater, from finished grade, are to be approved by the city and shall be designed, drawn, and the plans stamped by an engineer licensed to work in the state of Utah. In the event fencing is to be placed on top of a retaining wall, the height of the fence shall be measured from finished grade along the side of the retaining wall where earth is being retained.


C. Uneven Property: In the event that land is uneven the following shall apply:

1. Following Contour: Where a fence is to follow or closely follow a line of contour, the height of the fence shall be measured from finished grade at the base of the fence along the higher side.

2. Perpendicular To Contour: Where a fence is to be perpendicular or closely perpendicular to a line of contour, the height of the fence shall be measured from finished grade at the base of the fence at all points along the fence.

3. Angular To Contour: Where a fence is to be located at an angle to a line of contour which does not cleanly fit subsection C1 or C2 of this section, the zoning administrator shall determine which case is more closely applicable and that shall apply.


D. Parallel Fence Lines: Parallel fences shall abut or have a minimum separation of eight feet (8'). (Ord. 11-03-2014, 11-5-2014, eff. 11-6-2014)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704229
10-6-27: TEMPORARY BUILDINGS:linklink

(Rep. by Ord. 11-01-2010, 11-17-2010, eff. 11-18-2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704230
10-6-28: GRAVEL, SAND, EARTH EXTRACTION, AND MASS GRADING:linklink
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704231
10-6-28-1: PURPOSE OF PROVISIONS:linklink

This section 10-6-28 is adopted for the purposes of establishing a conditional use permit for the economic availability and removal of sand, gravel, rock, soil, and other materials for the purpose of excavation and mass grading within permitted zones, by:


A. Establishing regulations, safeguards, and controls in the incorporated areas of Santaquin City regarding noise, dust, traffic, drainage, and other factors which will minimize the environmental and aesthetic impacts on the excavated, mass graded, or adjacent property.


B. Reducing the potential for pollution caused by wind, soil erosion, and sedimentation.


C. Establishing locations, an orderly approval process, and operating conditions under which such operations will be allowed in incorporated areas of Santaquin City and to establish conditions which ensure the grading of land areas consistent with the existing and planned land use patterns.


D. Ensuring that mass grading of approved developments is only permitted when Santaquin City has approved a proposed development and has deemed it prudent to mine and/or extract the materials, or when a mass grading operation improves the appearance and functionality of development(s). (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704232
10-6-28-2: INTERPRETATION, EXISTING OPERATION, AND RESTRICTIONS:linklink

It is not the intent of this section 10-6-28 to annul, or in any way, repeal any existing law or ordinance unless expressly so stated in this title. Further, it is not the intention of this section 10-6-28 to interfere with operations already existing except that this section 10-6-28 sets forth minimum standards which shall apply to such operations. To the extent that any restrictions or standards imposed by this section 10-6-28 are more stringent and restrictive than existing restrictions or standards, this title shall control. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704233
10-6-28-3: PERMITS:linklink


A. Permit Required: From and after the effective date hereof, no person shall operate a mass grading, excavation, or mining site in the city except in accordance with a permit issued under this title. Any permit issued pursuant to this title shall be nontransferable.


B. Permit Procedure: Compliance with the following application procedure shall occur prior to the commencement of any excavation or mass grading which is proposed as of or after the effective date hereof.

1. All applicants shall use forms provided by the city clerk, accompanied by the documents enumerated on that form. Permits shall be given to qualified applicants for the duration of an approved project provided that the work is progressing to the satisfaction of the city engineer. Initial permits shall have a term of no greater than two (2) years computed from the date of permit issuance and shall have the opportunity for renewal, if necessary, to complete the project, as stipulated in subsection C of this section.

2. The planning commission shall make its final recommendation on the approval or disapproval of the original submitted excavation or mass grading plan and operation plan following receipt of a report from the city engineer, and shall report forthwith its determination concerning the excavation and grading plan to the city council. Failure of the planning commission or city council to act within the time frames specified herein shall not result in an automatic permit issuance.


C. Renewal: To be considered for renewal, one copy of the proper application with all required attachments must be submitted to the city clerk sixty (60) days prior to the active permit's date of expiration.

1. Upon city receipt of an application, the city engineer shall review the application and attachments, physically inspect the premises to determine compliance with the prior grading and operational plans, and report to the planning commission his/her findings.

2. Upon city receipt of an application, the city planner shall review the application and attachments, physically inspect the premises to determine compliance with the prior grading and operational plans, and report to the planning commission on his/her findings.

3. The planning commission shall make its final recommendation on the approval or disapproval of the submitted renewal of excavation or mass grading plan and operation plan within twenty (20) days of receipt of reports from the city engineer and city planner, and shall report forthwith its recommendation for renewal approval or disapproval to the city council. The city council shall then render its decision for approval or disapproval of the renewal on or before the date of expiration of the active permit. Failure of the planning commission or city council to act within such time frames shall not result in an automatic permit renewal, but such failure shall merely result in an extension of any existing permit for an additional period not to exceed the time of final determination by the city council.

4. No permit renewal shall be for a period of time greater than two (2) years. In addition, there shall be no limit as to the number of renewals a specific project may receive, provided that proper approval procedures are met and sufficient progress is continually made on the site. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704234
10-6-28-4: APPLICATION CONTENTS:linklink

All applications must contain, but not be limited to, the following:


A. Name, address, and phone number of the owner, or owners, of land from which removal is to be made or upon which the operation will take place.


B. Name, address, and phone number of the applicant making a request for the permit.


C. Name, address, and phone number of the person, firm, or corporation who will be conducting the actual removal operation.


D. Location, size, and legal description of the area from which the removal is to be made.


E. Type of materials or resources to be excavated, processed, stockpiled, or hauled away.


F. Proposed method of removal and general haul route.


G. General types of equipment to be used.


H. The estimated time frame to complete operations and the number of phases where appropriate.


I. As a part of the application, the applicant shall submit a plan of operation and will be expected to comply with such a plan during the time for which a permit is issued. Said plan of operation shall include a topographic survey of the existing parcel drawn to a scale of one inch to one hundred feet (1":100') and prepared by a registered civil engineer or land surveyor with contour intervals not to exceed five feet (5') based on United States geological survey datum. The drawing shall also clearly show the area to be excavated or mass graded, including existing features and roads within five hundred feet (500') of all property lines, areas for stockpiling, maintenance areas, berms, fencing, and similar use areas. The plan of operation shall be accompanied by a projected schedule of operation, including the following specific dates:

1. Commencement and projected completion of excavation or mass grading operations provided by the plan of operation;

2. Commencement and projected completion of erosion and drainage control measures to be instituted during excavation or mass grading operations; and

3. Commencement and projected completion of fencing, roads, utilities, or any other structures or improvements to be located on the site as provided by the plan of operation.


J. As a part of the application, the applicant shall submit a site plan and will be expected to comply with such a plan during the time for which a permit is issued. Site plans for such projects shall provide a complete set of plans, which include:

1. All necessary detail drawings;

2. All temporary and permanent improvements;

3. Details of all buildings and other structures to be placed on the location;

4. Surveyed boundary lines;

5. Engineered studies, reviews, and designs, as warranted;

6. Details of all access routes, egress routes, and on site travel routes;

7. Plans to address surface water issues; (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)

8. All adjacent properties with the name and address of each property owner within five hundred feet (500') of the proposed site; and (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 11-03-2003, 11-19-2003, eff. 11-20-2003; Ord. 03-02-2007, 3-7-2007)

9. Any other requirements by the city.


K. As a part of the application, the applicant shall submit nuisance mitigation plans and will be expected to comply with such plans during the time for which a permit is issued. These plans should provide written and drawn details of the applicant's intentions to control:

1. Dust;

2. Noise;

3. Odors; and

4. Any other possible nuisances that could originate from the site, any other possible nuisance recognized by the city, and/or any pertinent nuisance contained within the city's nuisance ordinance.


L. As a part of the application, the applicant shall submit a site reclamation plan and will be expected to comply with such a plan during the time for which a permit is issued. This plan shall include a complete set of written and drawn plans outlining the applicant's intentions for reclamation of the land after the expiration of the conditional use permit and the applicant removes any extraction facility from the land. This plan shall address:

1. Issues concerning topsoil and subsoils;

2. Grading and contouring;

3. Compaction;

4. Surface water diversions;

5. Water impoundments;

6. Revegetation;

7. Roads;

8. Structures;

9. Any and all waste materials;

10. Rezoning;

11. Wildlife; and

12. Any other site pertinent issues.


M. The applicant shall also prepare a finished grading plan. The finished grading plan shall be submitted in two (2) parts:

1. A topographical map of existing conditions with an overlay of finished grade contours shown at intervals not to exceed two feet (2') and indicating the general grade and slopes to which excavated areas are to be finished; and

2. A description of grading methods and materials proposed.


N. The applicant shall also prepare a haul route plan. Such plan shall be reviewed by the city engineer. The city engineer shall then recommend approval or disapproval of the haul route plan to the planning commission prior to any planning commission recommendation for approval or disapproval of the project or renewal. The planning commission may recommend to the city council for additional bonding to mitigate any potential damage to roads or property along the proposed haul route based upon the city engineer's review of the plan.


O. Excavation and mass grading operation and finished grade plans shall be prepared to clearly depict and describe the sequence of operations including existing conditions, stockpiles, roadways, and similar land use elements.


P. All excavation and mass grading plans shall be reviewed by the planning commission and subject to city council approval or disapproval with planning commission recommendation. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704235
10-6-28-5: BONDING:linklink

All such operations shall be required to put forth a bond for the reclamation of the project to ensure the adequate restoration of the site to an acceptable degree for further use or development except when part of a larger project where:


A. The site will be developed as a part of, and consistent with, the rest of the larger project; and


B. Bonding has been put forth for the larger project.


Such bonding shall follow the city's guidelines and procedures and be subject to approval by the planning commission and city council. The city council reserves the right to determine the terms of bond value and pertinent time frame for completion of the reclamation project. No reclamation project shall be permitted to extend more than twelve (12) months beyond the end of the conditional use permit, or any extension thereof, whichever is later. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704236
10-6-28-6: FEES:linklink

All applications shall be accompanied by an application and processing fee to be paid by the applicant in an amount established by resolution of the city council which shall approximate the cost to consider and issue the necessary permits. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704237
10-6-28-7: MARKETING OF MATERIALS:linklink

In the event an excavation or mass grading operation yields an excess of unprocessed and/or processed materials, the owner and/or operator may market and sell the materials. In order to conduct sales, the owner and/or operator must maintain an on site office, or other suitable facility, and hold and clearly display within said office, a current Santaquin City business license. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704238
10-6-28-8: ISSUANCE OF PERMIT:linklink

Only upon finding the applicant has complied with the terms and conditions of this title and with the terms and conditions of prior permits and prior submitted plans, if any, may a permit be issued. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704239
10-6-28-9: CONDITIONS IN PERMIT:linklink

Upon issuance of a renewal permit, the city council may impose as conditions of the permit any reasonable restrictions or requirements related to the location, design, or operation of an excavation or mass grading site, as deemed necessary to ensure the public health, safety, and general welfare, to ensure that the operations will not create a nuisance, or unreasonably interfere with the enjoyment of property. Such permit conditions may be in addition to the expressed requirements of this title. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704240
10-6-28-10: MINIMUM LOT SIZE:linklink

No such facility shall be permitted to commence operation on any property totaling less than ten (10) acres. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704241
10-6-28-11: SETBACKS:linklink

All on site structures of a permanent or temporary nature shall be set back from property lines as follows:


A. Front setback: No structure shall be located within three hundred feet (300') of the front property line.


B. Rear setback: No structure shall be located within fifty feet (50') of the rear property line. In addition, no structure shall be located within one hundred feet (100') of the rear property line if the abutting property is developed or actively developing.


C. Side setback: No structure shall be located within fifty feet (50') of the side property line. In addition, no structure shall be located within one hundred feet (100') of any side property line if the abutting property is developed or actively developing. For such properties situated on a corner lot, no structures shall be located within one hundred feet (100') of the side property line abutting a public street. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704242
10-6-28-12: PARKING:linklink

All parking shall be provided on site. No parking shall be permitted within any required setback or landscaped area. Each facility shall provide one parking space for each on site employee with an additional amount of parking for drivers and visitors as approved by the planning commission and city council. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704243
10-6-28-13: FENCING AND SCREENING:linklink


A. Excavated and graded areas shall be fenced according to current mine safety and health administration regulations.


B. All active excavation or mass grading equipment shall be visually screened from view of all adjacent public highways or from the lot line of adjacent residential parcels. The following methods are acceptable for screening of excavation or mass grading areas:

1. Construction of a raised earth berm area on the site along boundary lines thereof where such lines abut a public highway or privately owned property which is improved and occupied for residential purposes. This provision with regard to lands improved and occupied for residential purposes shall be applicable to any land upon which dwellings are built and occupied subsequent to the date hereof. The berm shall be sufficient in length and height to screen the excavation or grading area. Where the topography of the area acts as a screen, the city council may waive the berm requirement. Berms shall have slopes not in excess of one foot (1') vertical to two feet (2') horizontal.

2. Planting of trees along the boundaries of the property with sufficient rows and depth to permit effective screening of the excavation or mass grading area.

3. To the extent that the foregoing is not practical, the proposed permittee may submit alternate proposals.

4. The amount and extent of required screening shall be reasonable and practical as determined by the city engineer. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704244
10-6-28-14: HOURS OF OPERATION:linklink

Maximum hours of operation of the excavation or mass grading or mining operation shall be seven o'clock (7:00) A.M. to seven o'clock (7:00) P.M. No project approved under this section 10-6-28 shall operate on Sundays and city observed holidays. In emergency situations this time period may be modified by the mayor provided such emergency order shall not be effective for more than seventy two (72) hours. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704245
10-6-28-15: ROAD ACCESS:linklink

All sites permitted under the provisions of this section 10-6-28 shall have direct access to a city, county, or state road. When the operation of the permitted area results in the excavated material, overburden, and/or similar material being deposited or spilled upon a public roadway, it shall be the responsibility of the permitted operator to remove such material immediately. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704246
10-6-28-16: ROAD MAINTENANCE:linklink

Access roads within the permitted site shall be maintained by the operator so as to minimize the dust arising from the use of said roads. Such maintenance shall be accomplished through the application of chloride, water, and/or similar dust retardant materials. Application of oil shall be prohibited. A paved road of no less than forty feet (40') in width from the entrance and exit, a distance of not less than three hundred feet (300') from the right of way line into the area of operation shall be provided by the owner in order to minimize the deposit of dirt and gravel from trucks onto the public highway. Entrances and exits shall be securely locked except during hours of operation. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704247
10-6-28-17: OPERATION OF USE:linklink

All equipment and facilities used in the excavation, mass grading, or mining of sand, gravel, stone, or similar materials shall be conducted, maintained, and operated in such a manner as to eliminate, insofar as reasonable, noises, vibrations, or dust which interfere with the reasonable use and enjoyment of surrounding properties. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704248
10-6-28-18: NOISE STANDARDS:linklink

Excavation and mass grading sites shall be operated such that the noise of operation or equipment vibration cannot reasonably be considered disturbing to the inhabitants of neighboring properties. Objectional noises due to intermittence, beat, frequency, or shrillness shall be muffled so as not to become a nuisance to adjacent properties. Equipment on permitted sites shall not be operated at any time or under any condition so as to result in noise exceeding the following levels for specified adjacent land uses when measured at the common property line nearest the active work area:

ADJACENT USE MAXIMUM SOUND LEVELS

Residential   75 dBA  
Commercial   85 dBA  
Industrial and other   90 dBA  

The city shall monitor noise levels using weighted decibel measurements (referenced to 20 micropascals) with a type of audio output meter approved by the united bureau of standards. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704249
10-6-28-19: BLASTING:linklink

Blasting shall not be permitted as a part of any grading, mining, excavation, earth extraction, or similar operation conducted within the city. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704250
10-6-28-20: TRANSPORTATION VEHICLE STANDARDS:linklink

All vehicles used to transport excavated material shall be required to be loaded in such a manner that the material may not be unintentionally discharged from the vehicle. Vehicles shall be cleaned of all material not in the load bed prior to entering any public street. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704251
10-6-28-21: LIGHTING:linklink

All lighting used to illuminate the excavation or mass grading area, access roads, stockpile areas, and associated or similar use areas shall be directed away from all surrounding property. Shielding of lighting may be required by the city engineer, planning commission, and/or city council where such lighting shines directly toward a residential use, county or state road, or other land use as determined by the planning commission, and/or city council. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704252
10-6-28-22: DRAINAGE:linklink

Property drainage shall be provided at all times to prevent the collection and stagnation of water. Surface water shall, at all times, be directed in such a manner so as not to interfere with the adjoining property owners, provided, however, that the maintenance of the natural flow of surface water shall be deemed an interference. There shall be no interference with the water table in the area. Any water areas, retention ponds, settling ponds, or similar water areas shall be fenced in accordance with section 10-6-28-13 of this chapter. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704253
10-6-28-23: EXCAVATION AND BACKFILLING:linklink

All excavation and mass grading areas shall be made to the finished elevation as included on the approved finished grading plans. Backfill, if necessary, shall consist of inert, noxious free, nonflammable, nonradioactive, nonhazardous, and noncombustible materials, to assure:


A. That the excavation shall not collect and permit to remain therein, stagnant water;


B. That the surface of any area which is not permanently submerged is graded or backfilled as necessary so as to reduce the peaks and depressions thereof; and


C. To produce a surface that will minimize erosion due to rainfall and which will be in substantial conformity to the adjoining land area. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704254
10-6-28-24: VEGETATION:linklink

Vegetation shall be reclaimed by the use of sufficient soil and overburden and by appropriate seeding of grasses or planting of shrubs or trees in all parts of said reclaimed area where such area is not to be submerged under water. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704255
10-6-28-25: VIOLATIONS, PENALTIES, SUSPENSION, AND REVOCATION OF PERMIT:linklink

If the zoning administrator, or other authorized officer, notifies the permittee of any violation of the permit, or of this title, and upon failure of the permittee to abate said violation within thirty (30) days after mailing of said notice, said excavation or mass grading site may be summarily closed, and the permit therefor, suspended or revoked. Any permittee aggrieved by any notice pursuant to this section 10-6-28 may file a written request for a hearing before the city council. The permittee shall set forth why the excavation or mass grading site should not be summarily closed and/or the permit suspended or revoked. If a request for a hearing is received by the city council, the city council shall provide to the permittee notice of the time and place of the hearing, an opportunity to be heard, and shall make an impartial determination of whether a violation of this title or this section 10-6-28 has occurred and whether the health, safety, and welfare of persons or property dictates the necessity of a suspension or revocation of said permit. Upon receipt of a request for a hearing, the city council may summarily close the site, if not yet closed by the zoning administrator, or other authorized officer, pending the hearing if it is determined that the health, safety, and welfare of persons or property require such action. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 03-02-2007, 3-7-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704256
10-6-29: ILLUSTRATIONS:linklink

EXHIBIT A


(Ord. 5-01-2002, 5-15-2002, eff. 5-16-2002; amd. Ord. 03-02-2007, 3-7-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704257
10-6-30: TEMPORARY USES:linklink


A. Purpose And Intent: The purpose and intent of this section is to allow within Santaquin City certain uses which are transitory in nature, as either accessory or seasonal uses, in a manner that will assure compatibility with the zone district and adjacent properties. Drink stands and garage/yard sales or similar activities, located in front of a residential property, operating for a period of time of seven (7) days or less, and no more often than four (4) times per calendar year, shall be exempt from the terms of this section.


B. Temporary Use Permit Required: A temporary use permit shall be required for the following uses. Those uses which are also required to obtain a temporary business license are noted by a (TBL) symbol.

Temporary Use Type   Location Standards   Duration  
Circus or carnival and related accessory uses (TBL) (e.g., bazaar, fair, etc.)   Permitted on public or quasi-public properties or private properties having over 5 acres   15 consecutive days in a calendar year per applicant  
Construction office, staging areas and equipment sheds   Permitted in all zones   Allowed on a site until final inspections of the project are completed  
Farmers' market (TBL)   Permitted on public or quasi-public properties or private properties having over 5 acres   May not begin prior to June 1 and must terminate by November 1. Requires a new permit annually  
Model home or dwelling unit
 
Permitted in all zones (see additional standards below)   No more than 2 years from first occupancy of a dwelling unit in the development or until the last unit/parcel is sold, whichever comes first  
Produce stands (TBL): Includes goods grown and prepared by the operator and sold primarily for consumption (e.g., fruits and vegetables)   Must be located on property adjacent to an arterial or collector street (e.g., Main Street, 400 East, 200 West, and South Ridge Farm Road)   Growing season (generally the summer months through October)  
Roadside stands and temporary retail sales (TBL): Includes Christmas tree lots; fireworks stands; snow shacks; ice cream vendors; antique, rug, art, or plant sales; or other similar retail uses   Allowed if the use is permitted in the zone and accessory to the principal use or if no principal use exists, would be permitted as a stand alone use on the site   No more than 150 licensed days per site each calendar year (i.e., 2 businesses licensed to operate for 30 days each on a site will amount to 60 days on that site no matter if they are on the premises at the same time or not)  
Temporary trailer for retail sales and/or office space   Permitted upon issuance of a building permit for a permanent structure and facilities on the affected site. Shall also include installation of adequate temporary parking   Maximum period shall be 12 months. The permit may be renewed and extended upon planning commission review for a conditional use up to 6 month increments  


C. Standards For Temporary Use: All temporary uses shall comply with the general standards as provided below.

1. Site Limitations And Standards:

a. No use shall be placed in the public right of way, display areas shall be limited and applications shall comply with the regulations of the business licensing department.

b. No more than two (2) temporary uses are allowed per site at one time.

c. Sites shall be kept free from weeds, garbage, and debris.

d. Off street parking and traffic circulation generated by the use shall be provided for on the site. Only city approved spaces shall be considered for off street parking.

e. Sanitary facilities shall be available for waste disposal for protection of community health and safety.

2. Food Preparation Uses: Any food preparation uses must obtain the appropriate food handler's permits or other licensing through the county health department.

3. Night Lighting: Night lighting shall be compatible with adjacent uses, shielded and directed downward to avoid light spill onto adjacent properties.

4. Hours Of Operation: Hours of operation shall be compatible with adjacent uses.

5. Sign: One sign, not to exceed twenty four inches by thirty six inches (24" x 36") in size either affixed to the temporary facility or on a pole less than four feet (4') in height, may be placed on site.

6. Temporary Structures Or Coverings:

a. All applicable building code requirements must be met (e.g., water, power connections, accessibility, etc.).

b. Shall be secured to the ground in order to prevent such from being moved by natural meteorological events.

c. Shall be maintained in a state of good repair and order, including replacement of torn, tattered, faded or peeling materials.

d. Any temporary outdoor facility shall be removed within three (3) days after the expiration date of the temporary use permit or associated business license, whichever occurs first.

e. Shall not be placed in required visibility areas or cause a safety hazard.

7. Standards Specific To Model Homes: In addition to the standards above the following shall also apply to model homes:

a. Model homes must comply with all standards and conditions of approval for the advertised development including building materials, setbacks, landscaping, etc., and must comply with all applicable residential dwelling standards upon discontinued use as a sales office.

b. Any other temporary offices, trailers, or structures used for sales, equipment storage, construction materials and any other items related to the model home must be removed from the site upon completion of a model home for the development.

c. Upon sale of any model home for residential dwelling purposes, a re-final inspection must be conducted by the community development department to assure all applicable building codes are met.


D. Application For Temporary Use Permit: An application for a temporary use permit shall be made to the community development department at least ten (10) days prior to the date of requested use. The department may issue a temporary use permit or deny an application for a temporary use permit.

In authorizing a temporary use, the community development department shall impose such requirements and conditions as considered necessary for the protection of adjacent properties and the public safety and welfare in conformance with standards as provided in this section.

1. Application Requirements: An application for a temporary use permit shall be accompanied by the following information:

a. Description: A written description of the proposed use including requested length of permit and hours of operation.

b. Authorization For Use: If the applicant is not the owner of the property, the ownership shall be identified along with evidence of permission of the owner for such temporary use to take place.

c. Site Review: A vicinity map and plot plan with sufficient information to determine the yard requirements, sanitary facilities and availability of parking to serve the use.

d. Parking And Circulation Plan: A plan which illustrates available parking and traffic movements for temporary use customers in relation to available parking on the site and existing traffic movements.

e. Building Details: Information about any building or structure being used for the business shall be provided (e.g., steps, ramps, power, water, construction, etc.).

f. Fees: All applicable fees, as set by the city council, shall be paid before review of an application will occur.


E. Revocation Of Temporary Use Permit:

1. The city shall, upon reasonable notice, be empowered to suspend or revoke the temporary use permit of any person who violates any of the provisions of this section or any of the conditions set forth on their permit.

2. If, at any time, a permit under the provisions of this section is suspended or revoked, it shall thereafter be unlawful for any person to operate, open, maintain, manage or conduct such affected temporary use until a new permit is granted. (Ord. 11-01-2010, 11-17-2010, eff. 11-18-2010)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704258
10-6-31: SPECIAL EVENTS BUSINESSES:linklink

Operation of a booth type business for special events within the city, including, but not limited to, rodeos and the Santaquin Days celebration activities, shall not be required to obtain a city approved business license. Such businesses shall be required to obtain a special events permit from the community development department prior to the special event or the date of opening of the business, as applicable. Such permits shall be valid for a period of time not longer than seven (7) calendar days and it shall be at the discretion of the community development director, or their designee, to decrease the validity period. (Ord. 9-03-2002, 9-18-2002, eff. 9-19-2002; amd. Ord. 03-02-2007, 3-7-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704259
10-6-32: COMMERCIAL AND INDUSTRIAL DEVELOPMENT; GUARANTEE OF IMPROVEMENTS:linklink


A. Required Improvements: All developments of a nonresidential, mixed use or multi-family nature are required to improve the public street along the entire length of their property in accordance with city adopted street design and construction standards. This may include, but is not limited to, sidewalk, curbing, gutter, landscaping, storm drain, asphalt, etc., as outlined in the subdivision regulations of this code.


B. Required Guarantee: Prior to issuance of a building permit or conducting any site work, including grading and drainage improvements that pertain to construction of the development, all commercial and industrial developments shall provide the city with a guarantee for improvements, by following the process outlined in section 11-11-3 of this code. Improvements to be guaranteed shall include, but are not limited to, the following:

1. Curb, gutter and sidewalk improvements,

2. Asphalt or concrete improvements of parking areas,

3. Fencing and other screening materials,

4. Landscaping as approved by the development review committee, including irrigation systems,

5. All underground improvements including culinary and secondary water systems,

6. Fire hydrants and other required safety improvements,

7. Trash enclosures,

8. Other infrastructure improvements as outlined in the city's subdivision regulations.


C. Warranty: Warranty periods shall be for a minimum one year time frame. Required warranty amounts shall be the same as outlined in section 11-11-3 of this code. (Ord. 06-01-2015, 6-17-2015, eff. retroactive to 6-15-2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704260
10-6-33: SEXUALLY ORIENTED BUSINESSES:linklink
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704261
10-6-33-1: PURPOSE:linklink

The purpose and object of this section 10-6-33 is to establish uniform and reasonable regulations to prevent the concentration of sexually oriented businesses or their locations in areas deleterious to the community, to regulate the signs of such businesses, to control the adverse effects of such signs, and to prevent inappropriate exposure to the community. This section 10-6-33 by its terms is designed to prevent crime, protect the city's retail trade, maintain property values, and generally protect and preserve the quality of the city's neighborhoods, commercial districts, and the quality of urban life. This section 10-6-33 is not designed to suppress the expression of unpopular views. This section 10-6-33 is to be construed as a regulation of time, place and manner of the operation of these businesses consistent with the limitations provided by the United States and Utah constitutions. (Ord. 02-04-2008, 2-20-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704262
10-6-33-2: DEFINITIONS:linklink

For purposes of this section 10-6-33, the following terms shall have the meanings defined in this section:

GATEWAY: A. Highway 6 between I-15 and the 600 West in Santaquin;

B. Center Street;

C. Highway 198; east of I-15;

D. Highland Drive (a.k.a. Frontage Road along I-15);

E. South Santaquin Interchange as measured two hundred feet (200') before an associated I-15 off ramp and two hundred feet (200') after an associated I-15 on ramp;

F. Frontage Road along west side of I-15.

HISTORIC BUILDINGS OR SITES: Those buildings or sites found on either the national or state historic registers, or the city register of cultural and historic resources.

PUBLIC PARK: A park, playground, swimming pool, golf course or athletic field within the city which is under the control, operation or management of the city's public works or recreation department.

RELIGIOUS INSTITUTION: A building which is used primarily for religious worship and related religious activities.

SCHOOL: An institution of learning or instruction primarily catering to minors, whether public or private, which is licensed as such a facility either by the city or the state. This definition shall include nursery schools, kindergartens, elementary schools, junior high schools, senior high schools, or any special institution of learning under the jurisdiction of the state department of education, but not including trade schools, charm schools, dancing schools, music schools or similar limited schools, nor public or private universities or colleges.

SEXUALLY ORIENTED BUSINESS: Any business for which a sexually oriented business license is required pursuant to the sexually oriented business license ordinance set out in title 3, chapter 6 of this code. (Ord. 02-04-2008, 2-20-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704263
10-6-33-3: PERMITTED LOCATIONS AND RESTRICTIONS:linklink

Sexually oriented businesses are conditional uses in the I-1 zones where they can meet the following restrictions. All distance requirements specified hereafter shall be measured from that portion of the structure which is closest in proximity to the following property lines or rights of way as measured without regard to intervening fences, structures, properties, or elevation, unless otherwise noted.


A. No sexually oriented business shall be located within a one thousand foot (1,000') radius of any church, park, school, or residential zone in the city.


B. No sexually oriented business shall be permitted within two hundred fifty feet (250') from the right of way and/or property boundary of any "gateway" as defined herein.


C. No sexually oriented business shall be permitted within three hundred feet (300') of any historic building or site.


D. No sexually oriented business shall be allowed within one thousand feet (1,000') of any other sexually oriented business, measuring a straight distance from the structure of the one business to the closest portion of the other adult business.


E. No sexually oriented business shall be allowed within six hundred feet (600') of a business licensed for the consumption of alcohol or liquor.


F. All sexually oriented businesses must have direct access onto a major collector or arterial street via abutting frontage or access through an approved commercial center. (Ord. 02-04-2008, 2-20-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704264
10-6-33-4: SIGN RESTRICTIONS:linklink

Notwithstanding any contrary provision contained in the Santaquin City sign regulations in this code, sexually oriented business signs shall be limited as follows:


A. No more than one sign promoting or identifying the sexually oriented business shall be allowed on any sexually oriented business premises;


B. Off premises signs are prohibited;


C. No sign on the sexually oriented business premises promoting or identifying the sexually oriented business shall be allowed to exceed eighteen (18) square feet;


D. No animation shall be permitted on or around any sexually oriented business sign or on the exterior walls or roof of the premises;


E. No descriptive art or designs depicting any activity related to or inferring the nature of the business shall be allowed on any sexually oriented business sign. The sign shall contain alphanumeric copy only;


F. Signage is limited to one flat wall sign and shall not project more than twelve inches (12") from the wall to which it is attached;


G. Painted wall advertising, window graphics or decals shall not be allowed;


H. Other than the flat wall sign specifically allowed by this section, sexually oriented businesses shall not construct or allow to be constructed any other type of sign including those types of signs listed in the Santaquin City signage regulations, or use any light or other device designed to draw attention to the business location. (Ord. 02-04-2008, 2-20-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s704265
10-6-34: TELECOMMUNICATIONS FACILITIES:linklink


A. Purpose: The purpose of this section is to address planning issues brought on by growth in demand for low power telecommunications services. This section establishes provisions that deal with issues of demand, visual mitigation, engineering, residential impacts, health, safety, and facility siting.


B. Scope: 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.


C. General Requirements:

1. Code Compliance: All telecommunications facilities must comply with the general plan and the required setback, height and landscaping requirements of the zoning district in which they are to be located and are subject to all provisions for site plan review including modifications to existing site plans.

2. Application For Telecommunications Facility And Justification Study Requirement: A complete development application and telecommunications facility justification study shall be submitted by each company for each proposed facility. The study shall include the following information:

a. Description: A description and drawings of the telecommunications facility proposed to be placed on the location with technical reasons for their design and efforts made to minimize impacts on the surrounding land uses. Also provide a map of the search area considered with a listing of existing telecommunications facilities and three (3) other reasonable sites within the search ring which were evaluated and a statement of reasons why the final location was chosen. The applicant shall demonstrate that the telecommunications facility complies with the general plan, as well as the required setback, height and landscaping requirements of the zoning district in which it is proposed to be located.

b. Collocation: Provide an examination of the potential for collocation at any existing or the proposed telecommunications facility within the search area. Provide information about the availability of other carriers to collocate at the proposed facility. If collocation is not possible at an existing telecommunications facility, or if the proposed new telecommunications facility is not available for collocation, then the applicant shall include a written explanation why collocation is not possible.

c. Height: The maximum height of new facilities is outlined in subsection D of this section. Applicants shall provide a detailed written analysis that explains in nontechnical terms the reasons why service cannot be effectively provided unless at the requested height. If the proposed telecommunications facility is a roof mount or wall mount, the city may request that the study verify that the existing or proposed screening will screen from view all telecommunications facilities.

d. Visual Analysis: The applicant shall submit a visual analysis, which may include photo simulation, field mock up or other techniques, which identifies the potential for visual impacts of the proposed facility. The analysis shall consider views from public areas (streets, parks, etc.) and from private residences. The analysis shall assess the cumulative impacts of the proposed telecommunications facility and other existing facilities in the area as provided by city staff and shall identify all mitigation measures consistent with the technical aspects and requirements of the proposed telecommunications facility. All costs associated with this requirement are to be borne by the applicant.

3. Review Process: All proposed telecommunications facilities shall be reviewed by the development review committee (DRC) for compliance with city codes. DRC shall be the land use authority for these applications and include compliance review of any conditional use permit requirements established by the planning commission, if applicable.

4. Building Permits: Prior to construction of any telecommunications facility, the applicant shall obtain the proper building permits, road cut permits, and other permits as required by city ordinances.


D. Permitted Uses: The following table lists which telecommunications facilities are classified as permitted uses. "N" shall mean not permitted. "P" shall mean permitted. "C" shall mean conditional. Facilities on city owned properties shall be a permitted use as shown in the following table, regardless of zoning on such property.

Facility Type   Commercial
Zones  
Industrial
Zones  
Residential
Zones  
Agriculture
Zones  
City Owned
Property  
Lattice tower   N   N   N   N   N  
Wall mount1   C   C   N   N   P  
Roof mount1   C   C   N   N   P  
Monopole tower1   C   C   N   C   P  
Collocation1   P   P   C   P   P  
Stealth design   C   C   C   C   P  
Conversion   C   C   C   C   P  
Utility pole antennas   C   C   C   C   P  

Note:
1. These facility types may be permitted in all zones if stealth techniques are utilized (e.g., inside flagpoles or steeples, disguised as trees, etc.) and all other provisions of this subsection D are met.

Standards for each of the permitted facility types are provided below. Any request for permitted facilities differing from the standards as outlined in this section shall require a conditional use permit from the planning commission.

1. Wall Mounted Antennas: Wall mounted antennas must comply with the following criteria:

a. Wall mounted antennas shall not extend above the roofline of the building. Whip antennas shall not extend above the roofline of the building more than ten feet (10').

b. Antennas and all associated equipment shall be painted to match the color of the building or surrounding area.

c. Wall mounted antennas must have a maximum area of forty (40) square feet per each side of the building.

d. All equipment associated with the use (excluding the antenna) must be screened by a view obstructing structure that is architecturally complementary with the location and approved by the city's architectural review committee.

e. If the associated equipment is located on the ground it must be screened with a site obscuring fence with landscaping around such enclosure commensurate with the surrounding area and as may be approved by the development review committee.

2. Roof Mounted Antennas: The following provisions together with the equipment provisions in subsection D1 of this section shall apply to roof mounted antennas:

a. Roof mounted towers can only be mounted on structures with flat roofs unless the following stipulations are met:

(1) The tower will be mounted on the roof of a building such that the building will obstruct the view of the antenna from the front of the building.

(2) The antenna will be less visible from ground level than the typical antenna mounted on a flat roof.

b. Antennas must be set back from the building edge one foot (1') for every one foot (1') of antenna height to a maximum of fifteen feet (15').

3. Monopole Towers:

a. All towers must be of a monopole construction. No lattice constructed towers of any kind shall be allowed.

b. Monopoles shall not exceed one hundred feet (100') in height as measured from the base of the pole.

c. The maximum visible width of antennas and antenna support structure on a monopole shall not exceed ten feet (10') in height or seventeen feet (17') in width as viewed from a side elevation. Top hat design is permitted.

d. All towers must allow for collocation and supply engineering calculations by a state certified engineer that will allow for at least four (4) separate users on a single pole. A letter must also be supplied stating that the owners of the tower will allow for collocation and that the structure has been constructed to allow for this.

e. No tower may be located within a one mile radius of another tower unless the existing tower closest to the desired facility site is already occupied by three (3) users or grid documentation is supplied which demonstrates that collocation at existing sites will result in a thirty five percent (35%) or greater reduction of service coverage within the search area when compared to the desired facility site.

f. The agent must supply the city with a letter stating that if technology renders the tower obsolete and the tower is vacated the agent will remove the tower, all other apparatus associated with it, the top three feet (3') of the footing and restore the site to its original condition within ninety (90) days of the vacation of the tower. The applicant must file a bond with the city in an amount to be determined by the city engineer to ensure compliance with the removal and restoration of the site. Said bond shall be released upon compliance and restoration.

g. Monopoles and associated equipment facilities shall be required to provide screening (e.g., landscaping, shelters, or other) around the compound area so as to obstruct the public view of such facilities subject to the design review of the development review committee and within the terms of the lease agreements accepted by the government body where applicable. Where equipment facilities will be phased with pole construction for multiple carriers, under subsection D3d of this section, a screening phasing plan must be provided for approval with initial construction plans of a monopole facility. Such plans should reasonably anticipate the area to be occupied at site build-out. The development review committee may require additional landscaping or fencing as part of the site plan approval.

4. Collocation: Collocation on an existing monopole structure is a permitted use and is handled administratively in accordance with 47 USC section 1455 and related FCC public notices. However, expansion of the equipment compound area in order to allow additional equipment at the site shall be considered a substantial change to the facility and the area of expansion must comply with all the provisions as stated for landscaping, fencing and safety and equipment facilities.

5. Stealth Design: Telecommunications facilities that incorporate stealth design technology and are located on a parcel in a commercial, industrial, or agriculture zone or in a residential zone on property containing an institutional use are a conditional use.

6. Conversion: Conversion of existing flagpoles, light standards, athletic field lights, or other similar structure provided the structure's height is not increased more than ten feet (10'). (Ord. 03-02-2014, 4-16-2014, eff. 4-17-2014)

7. Utility Pole Antennas: Utility pole antennas may only be proposed on existing utility poles and under the following standards:

a. Sites must be consistent with the city's policies and regulations pertaining to use of public rights of way.

b. Each telecommunication provider must obtain required right of way excavation permits and enter into an agreement with the city prior to installing any telecommunications facilities in the public rights of way. Agreements will not supersede the development review committee process of review for each proposed site.

c. Requests under this part must be accompanied by authorization from the utility and/or cable provider who owns or controls the pole to which facilities will be attached.

d. Pole heights may only be extended up to ten feet (10') in order to accommodate facility installations.

e. Installation of a stand alone pole in order to accommodate telecommunications facilities is prohibited within public right of way. (Ord. 02-02-2017, 2-1-2017, eff. 2-2-2017)


E. Facilities Requiring A Conditional Use Permit: In addition to the conditional use standards outlined in chapter 8 of this title, the information concerning the following shall be submitted by the applicant and considered by the planning commission for all conditional use requests:

1. Compatibility of the proposed telecommunications facilities with the height and mass of the existing buildings and utility structures.

2. Whether it is possible to locate the antenna on other existing structures with less aesthetic impact in the same vicinity such as other monopoles, buildings, utility poles, athletic field lights, parking lot lights, etc., without significantly impacting transmission or reception.

3. The location of the telecommunications facilities in relation to existing vegetation, topography, and buildings to obtain the best visual screening.

4. Whether the spacing between the proposed and existing telecommunications facilities creates detrimental impacts to adjoining properties.

5. Substantial existing or proposed landscaping, including tree cover, to reduce visibility of the telecommunications facilities.


F. Telecommunications Facilities Illustrations: The following illustrations are meant to demonstrate graphically the intent of this section:







(Ord. 03-02-2014, 4-16-2014, eff. 4-17-2014)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s970286
10-6-35: EXPIRATION OF LAND USE APPLICATIONS:linklink

All land use applications shall be deemed abandoned and forfeited one hundred eighty (180) days after the date of filing unless such application has been pursued in good faith and is deemed to be progressing toward approval. An extension may be granted but may not exceed one hundred eighty (180) days. Any extension request must be made in writing to the Community Development Department and justifiable cause for extension must be demonstrated. Any existing application that has been submitted prior to the adoption of this section will have the full one hundred eighty (180) day period to progress toward approval before the application is deemed expired. (Ord. 12-02-2017, 12-13-2017, eff. 12-14-2017)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6327#s1231083


Footnotes - Click any footnote link to go back to its reference.
Footnote 1: See section 6-4-2 of this code.
Footnote 2: See section 6-4-2 of this code.