Chapter 15
SUPPLEMENTARY DEVELOPMENT STANDARDSlinklink

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10-15-1: PURPOSE:
10-15-2: ESTABLISHMENT OF USES NOT SPECIFIED:
10-15-3: CLARIFICATION OF AMBIGUITY:
10-15-4: PUBLIC UTILITIES; EXCEPTION:
10-15-5: PUBLIC UTILITIES; UNDERGROUND:
10-15-6: LOCATION OF BOATS, BOAT TRAILERS AND TRAVEL TRAILERS:
10-15-7: LOCATION OF MOBILE HOMES:
10-15-8: TRASH STORAGE, ABANDONED, WRECKED OR JUNKED VEHICLES:
10-15-9: HEIGHT LIMITATION; EXCEPTIONS:
10-15-10: CLEAR VISION AREA; CORNER LOTS:
10-15-11: ALL REQUIRED MINIMUM AREAS TO BE PRESERVED:
10-15-12: SIDE YARD MODIFICATION; COMBINED LOTS:
10-15-13: FRONT YARD MODIFICATION; DEVELOPED AREAS:
10-15-14: FLAG LOTS:
10-15-15: MINIMUM LOT AREA TO BE PRESERVED:
10-15-16: MINIMUM LOT AREA; PORTION FOR PUBLIC USE:
10-15-17: LOT AREA REDUCTION; PUBLIC USE:
10-15-18: DOUBLE FRONTAGE LOTS; TWO FRONT YARDS:
10-15-19: PARKING OF OVERSIZED VEHICLES IN RESIDENTIAL AND AGRICULTURAL ZONES:
10-15-20: EFFECT OF STREET PLAN:
10-15-21: SWIMMING POOLS:
10-15-22: ADULT ENTERTAINMENT:
10-15-23: RESIDENTIAL FACILITIES FOR HANDICAPPED PERSONS:
10-15-24: MOTOR VEHICLE REPAIR:
10-15-25: BED AND BREAKFAST AS CONDITIONAL USE:
10-15-26: LIQUOR STORES AS CONDITIONAL USE:
10-15-27: DAYCARE SERVICES (INCLUDING PRESCHOOLS):
10-15-28: DESIGN REVIEW:
10-15-29: TRANSITIONAL DEVELOPMENT STANDARDS FOR NONRESIDENTIAL USES BORDERING RESIDENTIAL ZONES:
10-15-30: ONE-FAMILY AND TWO-FAMILY DWELLINGS:
10-15-31: OFF STREET PARKING ACROSS PUBLIC STREET OR WITH INTERVENING PROPERTY:
10-15-32: TWIN HOME DEVELOPMENT STANDARDS:
10-15-33: STORMWATER MANAGEMENT BASINS:
10-15-34: INDOOR ENTERTAINMENT AS CONDITIONAL USE:
10-15-35: SERVICE ORGANIZATIONS:
10-15-36: WIRELESS COMMUNICATIONS; AMATEUR, PRIVATE, AND COMMERCIAL TOWERS AND ANTENNAS:
10-15-37: SECOND KITCHEN IN SINGLE-FAMILY RESIDENCES:
10-15-38: FENCING STANDARDS:
10-15-39: MUD, DEBRIS AND DUST CONTROL:
10-15-40: DISPLAYING COMMERCIAL MERCHANDISE AND OTHER CUSTOMER SERVICES:
10-15-41: STREET FRONTAGE IMPROVEMENTS:
10-15-42: TEMPORARY DEAD END STREETS:
10-15-43: SECONDARY WATER SYSTEM IMPROVEMENTS INSTALLATION:
10-15-44: EXTERIOR LIGHTING:
10-15-45: ELDERLY HOUSING FACILITY DEVELOPMENT STANDARDS:
10-15-46: CHECK CASHING AGENCIES AND SIMILAR DEFERRED DEPOSIT LOAN BUSINESSES:
10-15-47: ACCESSORY APARTMENTS:
10-15-48: MOBILE FOOD TRUCKS:

10-15-1: PURPOSE: linklink


The purpose of this chapter is to provide for the several miscellaneous land development standards which are applicable throughout the City regardless of zone. The requirements of this chapter shall be in addition to the property development standards contained within the provisions of each respective zone. The provisions of this chapter shall prevail over conflicting provisions of any other chapters herein. (Ord. 2000-23, 7-18-2000)
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10-15-2: ESTABLISHMENT OF USES NOT SPECIFIED: linklink


A. Findings Of Planning Commission: When a use is not specifically contained in the list of permitted uses in any commercial or industrial zone, but is of the same character and intensity as other uses listed, the Planning Commission may allow the establishment of that use, upon request, if said Planning Commission makes the following findings:

1. The establishment of the use will be in accordance with the purposes of the district in which that use is proposed;

2. The use will be an appropriate addition to the zone because it has the same basic characteristics as the other uses permitted in the district;

3. The use will not be detrimental to the public health, safety or welfare;

4. The use shall not adversely affect the character of that district in which it is proposed to be established;

5. The use will not create more traffic, odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness, or any other objectionable influence than the amount normally created by any of the uses listed as permitted uses in that district;

6. The use will not create any greater hazard of fire or explosion than the hazard normally created by any of the uses listed as permitted uses in that district.


B. Public Hearing Required: The planning commission shall, at the same regular meeting in which they have allowed the establishment of a use in accordance with the above provisions, set a public hearing in accordance with section 10-2-1 of this title, at which the planning commission shall determine whether the use should be recommended to the city council as an amendment to this title for addition to the list of permitted uses in the respective zone in which said use has been established. (Ord. 2000-23, 7-18-2000)

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10-15-3: CLARIFICATION OF AMBIGUITY: linklink

If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this title, or with respect to matters of height, yard requirements, area requirements or zone boundaries, as set forth herein, and as they may pertain to unforeseen circumstances, including technological changes and processing of materials, it shall be the duty of the planning commission to ascertain all pertinent facts and set forth its findings and its interpretations, and thereafter such findings and interpretations shall govern. (Ord. 2000-23, 7-18-2000)
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10-15-4: PUBLIC UTILITIES; EXCEPTION: linklink

The provisions of this title shall not apply to poles, lines or other structures or facilities used or usable by any utility company solely for the purpose of distributing electricity or communication services, and shall not be construed to limit or interfere with the installation, maintenance and operation of public pipelines, electric or telephone distribution and transmission lines, or railroads when located in accordance with the applicable rules and regulations of local and state agencies; except that all transmission lines, electric substations, storage yards and public utility buildings shall be subject to project plan approval if required by the provisions of the applicable zone. (Ord. 2000-23, 7-18-2000)
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10-15-5: PUBLIC UTILITIES; UNDERGROUND: linklink


A. R, C Zones: All structures built in residential (R) zones, except for single-family dwellings where more than fifty one percent (51%) of the lots in the block are serviced by overhead wires, and all structures built in commercial (C) zones shall, within exterior boundary lines of such property, have all electrical communication, television service cables and singular distribution service wires or cable placed underground. The owner is responsible for complying with the requirements of this subsection, and he shall make the necessary arrangements with each of the servicing utilities for installation of such facilities.


B. Exceptions: Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts, and other facilities necessarily appurtenant to such underground facilities, may be placed aboveground. Water and sewer distribution facilities shall be installed in conformance with the specifications of the city engineer.


C. Waiver: The planning commission may waive the requirements of this section in a particular case where it is shown, and the planning commission so finds, that topography, soil, surface water, or other conditions make such underground installation unreasonable or impractical. The provisions of this section shall not apply to existing utilities, facilities, or to the installation and maintenance of overhead electrical transmission lines and overhead communication long distance trunk and feeder lines. (Ord. 2000-23, 7-18-2000)

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10-15-6: LOCATION OF BOATS, BOAT TRAILERS AND TRAVEL TRAILERS: linklink

See title 6 of this code. (Ord. 2000-23, 7-18-2000)
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10-15-7: LOCATION OF MOBILE HOMES: linklink

It shall be unlawful for any person to place, keep, maintain or permit to be placed, kept or maintained, a mobile home upon any lot, piece or parcel of land within the city, except in a mobile home park or mobile home subdivision. (Ord. 2000-23, 7-18-2000)
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10-15-8: TRASH STORAGE, ABANDONED, WRECKED OR JUNKED VEHICLES: linklink

See title 4 of this code. (Ord. 2000-23, 7-18-2000)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=27876#s760651
10-15-9: HEIGHT LIMITATION; EXCEPTIONS: linklink


A. Measuring: Where doubt exists as to height of fences, hedges, buildings, structures, etc., provided for in this title, height limitations shall be measured from the average finished grade of the front yard for buildings, or from the average finished grade of the yard for buildings, or from the actual finished grade along the property line of the yard where fences, hedges or other such structures are located. (Ord. 2000-23, 7-18-2000)


B. Exceptions To Limitations: The height limitations of this title shall not apply to church spires, belfries, cupolas, domes, or other special architectural features not used for human occupancy, nor to chimneys, flues, ventilators, skylights, cornices without windows, antennas, radio towers, or properly screened mechanical appurtenances usually carried above the roof level of a building. (Ord. 2006-26, 11-21-2006)

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10-15-10: CLEAR VISION AREA; CORNER LOTS: linklink

In all zones, no structure, fence, berm, trees or landscaping in excess of three feet (3') above the height of the grade of the nearest back of sidewalk, back of curb or edge of asphalt shall be placed on any corner lot within a triangular area formed by the street property lines and the line connecting them at points in line with the standard building setback for the zone. Additional clear vision area may be required by the city engineer based on guidance from the latest version of the American Association of State Highway and Transportation Officials (AASHTO) publication, "A Policy On The Geometric Design Of Highways And Streets". A retaining wall in the clear vision area shall be considered a fence. Street trees or other landscaping elements which are pruned and trimmed between a height of three feet (3') to seven feet (7'), so as to not obstruct a clear view by motor vehicle drivers may be allowed subject to review by the city engineer. (Ord. 2008-16, 7-15-2008)
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10-15-11: ALL REQUIRED MINIMUM AREAS TO BE PRESERVED: linklink


A. Except as provided in this title, every required front, side and rear yard shall be open and unobstructed from the ground to the sky.


B. No lot or parcel of land shall be divided or reduced in area or dimensions so as to cause any required yard or open space to be reduced below that existing at the time of the adoption hereof.


C. No required yard or open space provided around any building for the purpose of complying with provisions of this title shall be used or considered as a yard or open space for any other building. (Ord. 2000-23, 7-18-2000)

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10-15-12: SIDE YARD MODIFICATION; COMBINED LOTS: linklink

When the common boundary separating two (2) or more contiguous lots is covered by a building or a permitted group of buildings, such lots shall constitute a single building site and the side yard as required by this title shall not apply to such common boundary line. The side yard requirements of this title shall apply only to the exterior boundaries of the contiguous lots so joined. (Ord. 2000-23, 7-18-2000)
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10-15-13: FRONT YARD MODIFICATION; DEVELOPED AREAS: linklink

In blocks with more than fifty percent (50%) of the buildable lots already developed, the minimum front yard requirement for new construction may be equal to the greatest of the front yards existing on said developed lots; provided, however, this regulation shall not be interpreted to require a front yard greater than the underlying zone, as measured along said block face, fronting on one side of the street. (Ord. 2000-23, 7-18-2000)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=27876#s760656
10-15-14: FLAG LOTS: linklink


A. Purpose: To facilitate the best use of interior areas of existing parcels which are no longer used for agriculture, the city may allow the use of flag lots in all residential zones. The use of flag lots is intended to be restricted to the interior of narrow, deep parcels or other properties not otherwise accessible using residential street standards, and/or where there exists unique topographical or geographical features on the property, such as waterways, steep slopes, etc., which are planned to be preserved by easement. It is not the intent or purpose of this section to encourage odd shaped lots or the inclusion of flag lots in proposed new residential subdivisions merely to maximize the number of lots within the subdivision. Flag lots may be allowed when it can be shown that there will be no negative impacts to the health, safety and welfare of the community in regards to providing sufficient street connections and accessibility for emergency vehicles, and without creating landlocked situations for neighboring properties.


B. Definitions (Applicable To This Section):

COMMON STEM: A stem which provides access for two (2) or more adjoining flag lots that do not have standard minimum frontage on a public street. A common stem is not to be included in the calculation of the area of a flag lot.

COMMON STEM FLAG LOT: A standard shaped lot that is separate, but adjacent to the common stem drive, and still meets the requirements for lot area and width for the zone.

CUL-DE-SAC LOT: A residential lot which: 1) meets or exceeds the minimum area and street frontage requirements of the zone; and 2) achieves the minimum lot width requirement of the zone at a point fifty feet (50') back from the public right-of-way.

FLAG: The generally wide portion of a flag lot comprising the buildable area of the lot.

GROSS AREA: The entire land area of a flag lot, including the area of the stem or common stem.

NET AREA: The gross area of a "flag lot" minus the area of the "stem" or "common stem".

PRIVATE STEM FLAG LOT: A panhandle shaped lot which is comprised of a "flag" and a "stem" where the lot does not have standard minimum frontage on a public street, and where access to the public street is limited to a narrow, private right-of-way (stem).

STANDARD LOT: A residential lot which: 1) meets or exceeds the minimum lot area and lot width requirements of the zone; 2) provides street frontage equal to eighty percent (80%) or more of the minimum lot width requirement of the zone; and 3) achieves the minimum lot width requirement of the zone at the minimum required distance of fifty feet (50') from the public right-of-way.

STEM: The narrow, private right-of-way portion of a "private stem flag lot" providing access to the "flag".


C. Approval Required: Flag lot developments may be permitted only after review and approval of the final plat, and vicinity plan by the City Council, along with the submission of the bond, and recording of the mylar.


D. Vicinity Plan Required: A vicinity plan is required showing the location of all existing buildings, property lines, utility lines, watercourses, and existing and proposed public roads in the area. The vicinity plan must be complete, drawn to scale, and submitted with the preliminary plat application in advance of the Planning Commission meeting where the preliminary plat application is to be considered.

1. Any changes to the approved City streets vicinity plan for the area of the proposed flag lot must show a reasonable level of street connectivity in the area, as determined and approved by the Planning Commission.

2. The applicant shall provide written evidence of the effort to develop their property according to City street standards.


E. Nonconforming Remnant Parcels Not Allowed: The creation of a flag lot may not result in a remnant parcel which does not satisfy the lot standards of the zone. Nonconforming remnant parcels (remaining after a flag lot is subdivided) must be added to the adjacent lots by means of a plat amendment which must be processed with the flag lot application. (Ord. 2016-9, 5-3-2016)


F. Stem And Common Stem Development Standards:

1. Minimum Width: Twenty five feet (25').

2. Minimum Length: The minimum lot width for the zone.

3. Maximum Length: Three hundred feet (300'). An extension to four hundred feet (400') may be approved only for landlocked properties where there is no access available through planned roads as shown on the Pleasant Grove Streets Vicinity Plan, only within the R-R, Rural Residential and the A-1, Agriculture Zoning Districts. Also, the extended length and turn around must be approved by the City Fire Marshal.

4. Minimum Curve Radius: One hundred feet (100').

5. Maximum Flag Lots Served By A Stem: One (1).

6. Maximum Flag Lots Served By A Common Stem:

a. Three (3) for common stems that abut a local road;

b. Four (4) for common stems that abut a local road where the stem road has been approved for an extended length (see subsection F3 of this section); and

c. Five (5) for common stems that abut a collector or arterial street.

7. Minimum Frontage On A Public Street: Twenty five feet (25').

8. Minimum Pavement Width: Twenty feet (20').

9. Surfacing Standard: Entire driveway shall be surfaced with either asphalt or concrete adequate to support the weight of a fire apparatus (H-20 standard). (Ord. 2017-18, 4-18-2017)


G. Stem And Common Stem Requirements And Details:

1. A common stem and a common driveway shall be used to serve adjoining flag lots. Up to five (5) flags may be served from a common stem, only in the event that a common stem abuts a City collector or arterial street, the first two (2) lots on either side of the stem, that also face the collector or arterial, must be designed to access the common stem.

2. The entire stem and common stem shall be dedicated as a public utility, sewer and right-of-way easement.

3. A paved or all weather, hard surfaced area must be provided as determined by the Fire Chief on each flag for the turnaround accommodation of emergency vehicles. The stem or common stem may be included as part of the necessary turnaround area.

4. A flag lot stem may not extend from a cul-de-sac bulb or from a temporary turnaround at the end of a temporary dead end street.

5. No accessory building is allowed on any portion of a stem or common stem.

6. The portion of a stem or common stem not hard surfaced shall be landscaped. Landscaping shall not hinder safe vehicular line of sight.


H. Off Street Parking Required: Each dwelling lot shall provide at least four (4) hard surfaced parking spaces, two (2) of which shall be covered with a garage or carport. No parking is permitted in the stem or common stem.


I. Fire Protection Required: Every flag lot residence must be within two hundred twenty five feet (225') of a fire hydrant (measured along the stem/common stem and public street). All fire hydrants and supply lines must satisfy the International Fire Code.


J. Utility Service Connections: Each flag lot requires individual utility lines and meters. The maintenance and service of utility lines outside of the public street is the responsibility of the flag lot owner.


K. Garbage Collection: Garbage collection will be provided only at the street curb.


L. Covenants, Conditions And Restrictions (CC&Rs) Required: Common stem flag lots require CC&Rs to be recorded with the Utah County Recorder prior to any building permit being issued. The document must establish CC&Rs for maintaining driveways and utility lines, and any other CC&Rs that will run with the land.


M. Setbacks: The required setbacks shall match the setback requirement for the zone, as is required for all standard subdivisions.


N. Half Cul-De-Sac: In cases where the right-of-way needed for the full street width (right-of-way to right-of-way) of a cul-de-sac street cannot be obtained after a reasonable, good faith effort on the part of an applicant, the City Council may approve a half cul-de-sac that serves temporarily as a flag lot, subject to the following criteria:

1. The applicant shall provide evidence of the effort to obtain the right-of-way for a full cul-de-sac.

2. The subject property is identified on the Pleasant Grove City vicinity plans as a location for a future cul-de-sac that has development potential as a half cul-de-sac.

3. The half cul-de-sac shall be built to the street standards in section 11-3-4 of this Code, with the exception of partial street width. The maximum width possible shall be provided, however in no case shall the portion of roadway acting as a flag lot stem provide less than twenty eight feet (28') of street improvements.

4. The half cul-de-sac shall be built to provide sufficient turnaround for emergency vehicles.

5. Additional requirements may be made by the City Engineer and Public Works Director with regard to the pavement, parking, or other issues on any half cul-de-sac street related to safety issues and other City street standards.

6. A homeowners' association shall be established having covenants and restrictions that are recorded and filed with the City regarding the shared responsibility of property owners to maintain the half cul-de-sac street to City standards until such time that the full cul-de-sac is completed and dedicated to the City.

7. As a condition of approval, all property owners having access to the half cul-de-sac will be required to dedicate the right-of-way when the full cul-de-sac is completed. (Ord. 2016-9, 5-3-2016)

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10-15-15: MINIMUM LOT AREA TO BE PRESERVED: linklink


A. No portion of a minimum lot area prescribed in this title shall be used or considered as part of another lot or parcel of land for purposes of establishing or determining applicable property development standards.


B. No lot or parcel of land shall be reduced in size by conveyance or otherwise so that the area thereon is less than the prescribed minimum. (Ord. 2000-23, 7-18-2000)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=27876#s760658
10-15-16: MINIMUM LOT AREA; PORTION FOR PUBLIC USE: linklink

If a portion of a lot or parcel of land which meets the minimum lot area requirements of a respective zone is acquired for public use in any manner, including dedication, condemnation or purchase, and such acquisition reduces the area below such minimum requirements, the remainder of such lot or parcel shall also be acquired for public use and the entire parcel will be maintained by the City. Exceptions to this provision may be considered and granted by the Planning Commission. (Ord. 2000-23, 7-18-2000)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=27876#s760659
10-15-17: LOT AREA REDUCTION; PUBLIC USE: linklink

A reduction in the minimum required area for a lot or parcel of land which is owned by the City, County, State or other public entity or public utility, may be approved by the Planning Commission, provided the proposed use for such lot or parcel meets setback requirements and is used exclusively for public purposes; and provided, that no living quarters are located upon such lot or parcel. Such public use runs with the land and associated language shall be included on the recorded subdivision plat. (Ord. 2011-28, 12-6-2011)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=27876#s760660
10-15-18: DOUBLE FRONTAGE LOTS; TWO FRONT YARDS: linklink

A double frontage or through lot shall have a front yard as required by the respective zone on each street on which it abuts. In no case shall the front yard setback be reduced along any collector or arterial street. (Ord. 2000-23, 7-18-2000)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=27876#s760661
10-15-19: PARKING OF OVERSIZED VEHICLES IN RESIDENTIAL AND AGRICULTURAL ZONES: linklink

See section 6-5-21 of this Code. (Ord. 2000-23, 7-18-2000; amd. 2003 Code)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=27876#s760662
10-15-20: EFFECT OF STREET PLAN: linklink

Whenever a front or side yard is required for buildings abutting on a proposed street which has not been dedicated or constructed, but which has been designated by the planning commission as a future street on the official map, the depth of such front or side yard shall be measured from the nearest line of the planned street. (Ord. 2000-23, 7-18-2000)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=27876#s760663
10-15-21: SWIMMING POOLS: linklink

Swimming pools of permanent construction which are not enclosed within a building shall be set back at least five feet (5') from all property lines and shall be completely surrounded by a fence or wall having a height of at least six feet (6'). Fences shall be designed so that openings will not permit a four inch (4") diameter sphere to pass through them, except for gates which shall be equipped with self-closing and self-latching devices. (Ord. 2000-23, 7-18-2000)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=27876#s760664
10-15-22: ADULT ENTERTAINMENT1: linklink

The purpose of this provision is to ensure a wholesome and safe environment for the sector of our population that are not considered adult. To accomplish this objective, the following standards shall apply:


A. Defined: "Adult entertainment" is defined as any shop, retail business, store, drugstore or other premises that caters exclusively to adult persons to the advertised exclusion of minors. (Ord. 2000-23, 7-18-2000)


B. Distance Requirements: No adult entertainment business shall be located within a six hundred foot (600') radius of any church, park, school, public library, public playground or residential zone, as measured by a straight line without regard to intervening structures. The distance is measured from the property line of the church, park, school, public library, public playground or residential zone nearest the adult business and the property line of the adult business nearest the church, park, school, public library, public playground or residential zone.


C. Distance To Another Adult Facility: No adult business shall be located within a six hundred foot (600') radius of another adult business. The distance is measured from the property line of the adult business nearest the proposed location of the new adult business and the property line of the proposed adult business nearest the established sexually oriented business. (Ord. 2000-23, 7-18-2000; amd. 2003 Code)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=27876#s760665
10-15-23: RESIDENTIAL FACILITIES FOR HANDICAPPED PERSONS: linklink


A. Permit Required: Upon application for a permit to establish a residential facility for handicapped persons in any zone in which such facility is a permitted use, a facility that conforms to the conditions listed below shall be granted a permit. Such permit shall be nontransferable and shall terminate if the structure is devoted to a use other than as a residential facility for handicapped persons or, if the structure fails to comply with the conditions listed below:

1. All building, safety and health ordinances applicable to similar dwellings be met;

2. The operator of the facility provide assurances that the residents of the facility will be properly supervised on a twenty four (24) hour basis;

3. No group home for handicapped persons be established within three-fourths (3/4) mile of another existing group home;

4. The operator of the facility provide adequate off street parking space as required by chapter 18 of this title;

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

6. No person being treated for alcoholism or drug abuse be placed in a residential facility for handicapped persons;

7. No person who is violent or has any record of sexual offense be placed in a residential facility for handicapped persons;

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


B. Conditional Use Permit: Any residential facility for handicapped persons which is subject to a conditional use permit shall comply with the standards enumerated above and, in addition, with such reasonable conditions as may be imposed pursuant to a conditional use permit. (Ord. 2000-23, 7-18-2000)

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10-15-24: MOTOR VEHICLE REPAIR: linklink


A. Requirements: Any motor vehicle repair use which is subject to the conditional use process shall comply with the following:

1. All repair, painting and body work activities, including storage of tools, vehicle parts and supplies, shall take place within an enclosed structure.

2. No more than twenty five percent (25%) of the lot used by the proposed business may be used for storage of vehicles and all such vehicles shall be stored on the rear portion of the lot and be screened with a masonry wall at least eight feet (8') in height.

3. Additional landscaping shall be provided in the front yard.

4. If any existing building must be converted to accommodate the proposed use, the exterior shall be upgraded to improve its appearance, which shall be compatible with and superior to the surrounding structures.

5. The standards described in section 10-2-4 of this title.


B. Applicability: Any automobile repair use which is located in a zone in which automobile repair is a conditional use shall comply with this section as part of any proposed expansion. This provision shall apply to automobile repair uses established before or after the date automobile repair was made subject to the conditional use process in the applicable zone. The conditional use permit shall be obtained as part of the project plan approval process. (Ord. 2000-23, 7-18-2000)

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10-15-25: BED AND BREAKFAST AS CONDITIONAL USE: linklink


A. Definitions: As used in this section, the following words and terms shall have the meanings ascribed to them in this subsection:

BED AND BREAKFAST: A residential building of historic or neighborhood significance in which not fewer than three (3) but not more than nine (9) rooms are rented out by the day, offering overnight lodging to tourists, and where one meal shall be provided to overnight paying guests.

BED AND BREAKFAST INN: A building or buildings designed to accommodate up to eighteen (18) rooms for lodging on a nightly or weekly basis to paying guests. This use may be allowed in the R-R zone; provided, that there are at least five (5) acres per facility. A bed and breakfast shall provide meals to overnight guests only and shall not provide meals to others.


B. Requirements For Compliance: A "bed and breakfast" use, as defined above, when allowed as a conditional use, shall be approved only in compliance with the following:

1. A bed and breakfast inn may be permitted as a conditional use in any commercial zone or in the A-1 or R-R zone. A bed and breakfast use may be permitted as a conditional use in any residential zone where a building has received an historical designation by the state or federal government. (Ord. 2000-23, 7-18-2000; amd. 2003 Code)

2. Two (2) off street parking spaces shall be provided for the owner operator, plus one off street space per room or fraction thereof, that serves as a guest bedroom. No parking spaces shall be provided within the required front yard.

3. Any proposed additions must be compatible with the architectural style and building materials of the dwelling.

4. A landscaping and screening plan must be submitted which enhances the appearance of the site by reducing or screening all parking areas to minimize their visual intrusion on abutting properties.

5. Meals shall be served to residents, employees, overnight lodgers and guests of overnight lodgers only. No cooking facilities shall be allowed in guest rooms.

6. Such use shall conform to all applicable health, safety and building codes and must be capable of such without structural or site alteration which changes the residential character of the structure and yards.

7. No alcoholic beverages shall be sold on the premises.

8. No receptions, banquets or catering shall be permitted, except for facility in the commercial zone.

9. Any commercial use shall be incidental to the bed and breakfast use, i.e., a gift shop, etc., and shall be limited to five percent (5%) of the total square foot area of the main floor of the building.

10. One identification sign not exceeding the area requirements for the respective zone in which the inn is located may be placed on an ornamental masonry wall or monument. The freestanding sign shall not be higher than five feet (5') unless the sign is located adjacent to an arterial road, in which case the height of the sign shall not exceed ten feet (10'). If illuminated, only hooded spotlighting is allowed, thus prohibiting backlighted signs.

11. No long term rental of rooms shall be permitted. The maximum stay for lodgers shall be seven (7) days.

12. A city business license shall be obtained as a condition of approval.

13. Supervision by an on site manager or owner shall be required on a twenty four (24) hour per day basis.

14. Care shall be taken to ensure that no exterior lighting shines directly onto adjoining properties. (Ord. 2000-23, 7-18-2000)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=27876#s760668
10-15-26: LIQUOR STORES AS CONDITIONAL USE: linklink

Any application for a permit to maintain a liquor store as a conditional use shall conform to the following:


A. No liquor store or private club may be established within one thousand feet (1,000') of the nearest residential zone boundary line, measured in a straight line from the nearest entrance of the liquor outlet.


B. Liquor stores and private clubs shall locate on either "collector" or "arterial streets", as defined in the general plan.


C. Off street parking shall be provided at the rate of one space per one hundred (100) square feet of total floor space in the building for liquor stores. (Ord. 2000-23, 7-18-2000)


D. A permit to maintain a liquor store as a conditional use must be approved by the planning commission. Approval by the city council shall be obtained as required by title 3, chapter 2 of this code. (Ord. 2000-23, 7-18-2000; amd. 2003 Code)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=27876#s760669
10-15-27: DAYCARE SERVICES (INCLUDING PRESCHOOLS): linklink


A. Family (Home) Daycare Services: "Family (home) daycare" services, as defined in section 10-6-2 of this title, require a home occupation permit. The provider is limited to not more than eight (8) children. The provider must reside in the residence where services are provided. The provider must receive a license from the state within sixty (60) days after approval from the city.


B. Family (Home) Group Daycare: "Family (home) group daycare", as defined in section 10-6-2 of this title, requires a conditional use permit. The provider is limited to at least eight (8) children (including provider's own children), but less than thirteen (13) children. The provider must reside in the residence where services are provided. The subject residence must conform to the international building code prior to operating the facility. The provider must receive a license from the state within sixty (60) days after approval by the city. (Ord. 2003-17, 10-21-2003)


C. Nursery, Day Childcare Center, Preschool: "Nursery, day childcare center, preschool", as defined in section 10-6-2 of this title, require a conditional use permit. All centers must comply with the international building code prior to occupancy and must receive a license from the state within sixty (60) days after the approval by the city. (Ord. 2002-11, 8-6-2002; amd. 2003 Code)


D. State Statute Requirements: Any additions or exceptions from the above must conform to the applicable Utah Code Annotated. (Ord. 2000-23, 7-18-2000)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=27876#s760670
10-15-28: DESIGN REVIEW: linklink

The city council and the planning commission, which advises the council on zoning matters, have determined that the various aspects of architectural design have significant impact on the character and value of the city neighborhoods and business districts, and that preserving and enhancing this character requires the existence of a certain harmony and compatibility in these aspects from one building or dwelling to the next and throughout the particular neighborhood or district. They have also determined that preserving and enhancing the visual character of certain entryways to the city, and areas of unique historical or architectural significance, furthers the economic and cultural well-being of the community. Additionally, the city finds that these same benefits should be extended to the entire city. The design standards outlined below address general design relationships and site planning principles. They are standards that could apply to any area of the city.


A. Construction Activity: The planning commission will review different kinds of "construction" activity that need design approval; and each kind will need a slightly different application of the guidelines:

1. For the construction of new buildings (including residences) and parts of buildings, the focus is on the compatibility of new construction with the existing character (style, size, etc.) of the immediate area.

2. For reconstruction, remodeling, addition and repair of existing structures, this rehabilitation will be done in line with the original character of the structure.

3. For relocation of buildings, those buildings moved to sites must be compatible with the surrounding buildings.

4. For the demolition or removal of all or parts of existing buildings, compatible replacement structures must be sought.

5. For sign permits, the sign is to be designed as an integral architectural element of the building and site to which it relates, and is compatible with the overall character of the area.


B. Harmony Of Design:

1. To preserve the design character of the existing immediate area, to protect the visual pattern of the community, to protect the value of surrounding properties and to promote harmony in the visual relationships and transitions between new and older buildings, new buildings, including residences, should be made sympathetic to scale, form, size, and proportion of existing buildings. This can be done by repeating building lines and surface treatment and by requiring some uniformity of detail, scale, proportion, textures, materials, color and building form.

2. The use of unusual shapes, color and other characteristics that cause new buildings to call excessive attention to themselves and create a jarring disharmony shall be avoided or reserved for structures of broad public significance.

3. The height and bulk of new buildings shall be related to the prevailing scale of development to avoid overwhelming or dominating existing development.

4. Building additions should be designed to reflect existing buildings in scale, materials and color. Facade renovations should include as few different materials as possible.

5. The architectural style of new or redeveloped structures shall be compatible with the predominant architectural themes of the district. Contemporary design for new buildings in old neighborhoods and additions to existing buildings or landscaping should not be discouraged if such design is compatible with the size, scale, color, material and character of the neighborhood, building or its environment.

6. Adjacent buildings of different architectural styles shall be made compatible by such means as materials, rhythm, color, repetition of certain plant varieties, screens, sight breaks, etc.

7. The construction of additions to existing buildings should be generally discouraged in yards adjoining public streets and should instead be confined to side and rear yards which are generally out of public view.

8. To preserve the continuity prevailing along each block face, the orientation of the building's principal facade shall complement that of the majority of buildings in the same block face (either parallel or perpendicular to the street).

9. The open expanse of front lawns and the quantities of planting within them of new or redeveloped structures shall be comparable to that of existing structures.

10. Projects shall be designed in context with their surroundings. This means that enough visual linkages between existing buildings and the proposed project shall be provided so as to create a cohesive overall effect. In addition to those noted above, visual linkages shall include: window proportions, entryway placements, decorative elements, style, materials and silhouettes. (Ord. 2000-23, 7-18-2000)

11. Access control. Doors, shrubs, fences, gates, and other physical design elements should be used to discourage access to an area by all but its intended users.

12. Surveillance should be encouraged by placing windows in locations that allow intended users to see or be seen while ensuring that intruders will be observed as well. Surveillance is enhanced by providing adequate lighting and landscaping that allow for unobstructed views.

13. Territoriality should be augmented by the use of sidewalks, landscaping, porches, and other elements that establish the boundaries between public, semi-private and private areas.

14. Projects should be designed with human scale foremost.

15. To promote quality design, stabilize and improve property values and create a pleasing visual appearance, all buildings with metal exterior covering may be permitted by conditional use permit in commercial and industrial zones. The planning commission shall base its evaluation on the architectural treatment and appearance of the building facade, when visible from any public street. (Ord. 2000-23, 7-18-2000; amd. 2003 Code; Ord. 2004-19, 8-17-2004)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=27876#s760671
10-15-29: TRANSITIONAL DEVELOPMENT STANDARDS FOR NONRESIDENTIAL USES BORDERING RESIDENTIAL ZONES: linklink


A. Landscaped Yard: Where a lot in any business, commercial or industrial zone abuts a lot in any residential zone, there shall be provided a landscaped yard of at least twenty feet (20') in width along such property line. In addition, the required setback shall increase at least one additional foot for each one foot (1') of building height over twenty feet (20'). (For example: A building 22 feet high would be set back 22 feet).


B. Corner Side Yard Setback: Where the side yard of a commercial corner lot lines up with the front yards of residential properties facing the side street, the minimum side yard setback on the corner shall be twenty five feet (25') from the street right of way line.


C. Front Yard: Where a lot in any business, commercial or industrial zone abuts a lot in any residential zone, there shall be provided a landscaped front yard at least equal to the residence on the abutting property.


D. Parking Lots: Any parking lot consisting of four (4) or more spaces and that portion of the driveway back of the building line is to be screened from the street and from adjoining properties in the residential zone by either a landscaped berm two feet (2') high at the crown, a hedge row at least five feet (5') high at maturity, or masonry wall not more than three feet (3') high in the front yard, and not less than eight feet (8') high located back of the building line.


E. Lighting: All building and parking lot lighting is to be arranged so that there will be no glare therefrom to the occupants of adjoining property in a residential zone.


F. Prohibited Uses: Uses will be strictly prohibited next to a residential zone that involve open storage of merchandise or equipment, off premises signs, trade or industry that is noxious or offensive by reason of the emission of odor, smoke, gas, vibration or noise.


G. Overhead/Bay Doors: No overhead/bay doors are permitted in the wall of the building which faces the residential zone if said wall is closer than twenty five feet (25') to the property line. (Ord. 2000-23, 7-18-2000)


H. Mechanical Equipment: All mechanical equipment (i.e., air conditioners, fans, pumps, etc.) should be located within the building or on the roof with parapet walls. Any mechanical equipment located on the outside of the building within twenty five feet (25') of the nearest residential use/dwelling property line must have a visual/noise barrier (masonry wall or landscaping) that completely surrounds the equipment and extends at least one foot (1') above the equipment. In no case shall the noise from mechanical equipment exceed an eighty five (85) decibel level. (Ord. 2000-23, 7-18-2000; amd. 2003 Code)


I. Loading Docks: No loading docks, delivery pick up areas, etc., may be located within fifty feet (50') of a residential use/dwelling property line. These areas must be screened from public view with a six foot (6') masonry wall.


J. Nonresidential Trash Containers: No nonresidential trash container shall be located closer than twenty five feet (25') to a residential side property line. (Ord. 2000-23, 7-18-2000)


K. Noise Limits2: Developments shall comply with the following community noise limits for the selection of development site and construction methods utilized. The values shown are day and night average noise levels (Ldn) scale with "A" weighting. Noise studies and construction of mitigation systems may be required.

  Ldn, dBA  
   
Interior spaces   45  
Outdoor activity area   60  
Residential area property line   60  
Commercial area property line   70  
Highway service area property line   75  

(Ord. 2000-23, 7-18-2000; amd. 2003 Code)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=27876#s760672
10-15-30: ONE-FAMILY AND TWO-FAMILY DWELLINGS: linklink

Any detached single-family or two-family dwelling located on an individual lot outside of an R-M zone must meet the off street parking requirements in chapter 18 of this title and the following standards in addition to any others required by law: (Ord. 2000-23, 7-18-2000)


A. Building Code Requirements: The dwelling must meet the requirements of the international building code or, if it is a manufactured home, it must meet the requirements of the HUD code, and must not have been altered in violation of such codes. A used dwelling must be inspected by the chief building official or his designee prior to placement on a lot to ensure it has not been altered in violation of such codes. Any violations must be corrected as directed by the chief building official. (Ord. 2000-23, 7-18-2000; amd. 2003 Code)


B. Taxation: The dwelling must be taxed as real property. If the dwelling is a manufactured home, an affidavit must be filed with the state tax commission pursuant to Utah Code Annotated section 59-2-602.


C. Utility Connections: The dwelling must be approved for and permanently connected to all required utilities.


D. Foundation: Each dwelling shall have a code approvable site built concrete, masonry, steel or treated wood foundation.


E. Roof: Dwellings shall have a roof surface of wood shakes, asphalt, composition, wood shingles, concrete, fiberglass or slate tiles, or built up gravel materials. Unfinished galvanized steel or unfinished aluminum roofing shall not be permitted. There shall be a roof overhang at the eaves and gable ends of not less than six inches (6"), excluding rain gutters, measured from the vertical sides of the dwelling. The roof overhang requirement shall not apply to areas above porches, alcoves and other appendages which together do not exceed twenty five percent (25%) of the length of the dwelling.


F. Siding: Dwellings shall have exterior siding material consisting of wood, hardwood, brick, concrete, stucco, glass, metal or vinyl lap, tile, or stone.


G. Width: The width of the dwelling shall be at least twenty feet (20') at the narrowest point of its first story for a length of at least twenty feet (20'), exclusive of any garage area. The width shall be considered the lesser of the two (2) primary dimensions. Manufactured homes shall be multiple transportable sections. (Ord. 2000-23, 7-18-2000)


H. Garage Or Carport: Single dwellings in the R-1-8 and larger zones shall be provided with a garage or carport having a minimum interior width of twenty feet (20') and constructed concurrently with the dwelling. Single dwellings in all zones permitting lots less than eight thousand (8,000) square feet shall be provided with a garage or carport having a minimum interior width of twelve feet (12'). Garages may not be converted into livable space unless a new attached or detached garage is built prior to occupancy of the converted garage space. (Ord. 2017-3, 1-17-2017)


I. Minimum Floor Area: All single-family detached and two-family dwellings have a minimum aboveground main floor area and total finished square footage (exclusive of garage) as follows:

Zone   One Level
Above Ground  
Multi-Levels Above Ground  
Total Minimum
Sq. Ft.  
Main Floor Minimum Sq. Ft.   Total Minimum Sq. Ft.  
Grove-MH   900   700   1,600  
RM-7   900   700   1,600  
R-1-7   900   700   1,600  
R-1-8   1,000   700   1,600  
R-1-9   1,000   800   1,800  
R-1-10   1,200   800   1,800  
R-1-12   1,200   800   1,800  
R-1-15   1,200   800   1,800  
R-1-20   1,200   800   1,800  
R-R   1,200   800   1,800  
A-1   1,200   800   1,800  

(Ord. 2013-4, 3-19-2013)


J. Porches Or Decks: Wood or metal porches, decks or verandas are only permitted on the front of the house when covered with a roof.


K. Design Review: In order to preserve property, valuation and neighborhood visual quality and harmony in any area (regardless of zone), any and all new individual residential construction in that area must comply with section 10-15-28 of this chapter. (Ord. 2000-23, 7-18-2000)


L. Deviations: The Community Development Director may approve deviations from one or more of the developmental or architectural standards contained in subsections E through J of this section, on the basis of a finding that the architectural style proposed provides compensating features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity. The determination of the Community Development Director may be appealed to the Hearings Officer pursuant to the provisions of section 10-2-4 of this title. (Ord. 2017-29, 5-16-2017)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=27876#s760673
10-15-31: OFF STREET PARKING ACROSS PUBLIC STREET OR WITH INTERVENING PROPERTY3: linklink

The required parking shall not be located across a public street, or with an intervening property, except by conditional use permit approved by the Planning Commission, subject to the conditions set forth below: (Ord. 2000-23, 7-18-2000; amd. 2003 Code)


A. Proximity Of Off Street Parking: Off street parking approved under this section must be located such that the nearest property line of the lot is within four hundred feet (400') of the nearest property line of the lot containing the land use activity it serves, as measured along the shortest pedestrian route, with the following exception:

Parking to be provided may not be located farther than eight hundred feet (800') from building to parking lot, subject to the Planning Commission approval.


B. Location To Intersection Or Crosswalk: The parking lot, if across the street from the main land use activity it serves, shall be located within two hundred feet (200') of a regulated intersection or approved crosswalk in the direction of pedestrian traffic.


C. Engineering Report: The applicant shall, at his or her own expense, submit a report from a qualified traffic engineer assessing the probable vehicular and pedestrian impacts from the off site parking lot, and including any recommendations for the mitigation of safety concerns.


D. Liability: The applicant shall assume the full liability, and responsibility for the lot, as well as any costs associated with improvements that may be required to enhance safety.


E. Granting Of Permit: If, after review by the Planning Commission staff, the Planning Commission finds that the off site lot will not pose any significant traffic safety problems, and that it complies with all other provisions of the zoning ordinance, the permit shall be granted. (Ord. 2000-23, 7-18-2000)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=27876#s760674
10-15-32: TWIN HOME DEVELOPMENT STANDARDS: linklink


A. Conditional Use; Permitted Zones: Twin home development shall be allowed as conditional uses in the residential zones, as long as the lot size, setbacks and frontage requirements for each unit have been satisfied.


B. Design:

1. To the greatest extent possible, designers of twin homes should strive for a single-family detached appearance. Instead of looking like a duplex, where each unit mirrors the other, the homes should be designed so that they have the appearance of one large unit. This can be accomplished by separating the entrance of one unit from the entrance to the adjacent unit, or by utilizing grade changes and roofline variety.

2. The primary entrances for one unit including the garage door shall not be located on the same facade as the other.

3. Where physically possible on corner lots, accesses to primary entrances including driveways and walkways shall not share the same frontage.


C. Zones Permitted: Twin homes shall only be permitted in R-1 single-family residential zones and the RM-7 medium multiple-residential zone. All requirements of the underlying zone shall be met.


D. Off Street Parking:

1. Each dwelling shall have not less than two (2) off street parking spaces, at least one of which is within an attached carport or fully enclosed attached garage.


E. Center Wall: The center wall between the dwelling units shall be on the property line and shall be designed and constructed for soundproofing with a maximum sound isolation.


F. Fencing: The front yard of a twin home property may not be divided by a fence but the rear yard may be divided according to each unit.


G. Landscaping Plan: Development plans shall include a landscaping plan for both front and street side yards, which shall be installed by the developer. CC&Rs shall establish how common landscaping shall be maintained.


H. Separate Utilities And Building Drains: Each side of the twin home shall be separately metered for water and power. Building drains shall be separate as they leave the building.


I. Application For Permit: Application for conditional use permit shall be made as per section 10-2-4 of this title, and plans shall undergo administrative project plan review as per section 10-2-9 of this title.


J. Plat: Twin home subdivision plats may be drawn as a three (3) lot or two (2) lot plat:

1. A three (3) lot plat shall include individual parcels for the building pad of each dwelling and designated common area surrounding the building pads as a third individual parcel. The building footprint parcels shall meet the minimum front, side, and rear setbacks for the underlying zone. The combined area of the common area and twin home dwelling parcels shall be at least twice the minimum lot size of the underlying zone. Development CC&Rs shall establish how the subdivision common area is to be maintained, or

2. A two (2) lot plat shall include individual parcels for each dwelling with the dividing line separating the two (2) dwellings. Both parcels shall meet the minimum front, side, and rear setbacks for the underlying zone. The combined area of the two (2) parcels shall be at least twice the minimum lot size of the underlying zone. (Ord. 2015-40, 10-20-2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=27876#s760675
10-15-33: STORM WATER MANAGEMENT BASINS: linklink


A. Definitions: A stormwater management basin is alternately termed "detention basin", "retention basin", "debris basin", or "containment basin", largely depending upon the basin's basic use and upon local preference. In general, any such basin assists in the management of stormwater by holding stormwater during times of high runoff rate and then either holding the water until it subsides or metering the water out of the basin into a stormwater system at a manageable, reduced flow rate. The basins prevent or at least mitigate flooding conditions in the city as a whole or in a given neighborhood or industrial, commercial or residential development.


B. Determination Of Basin Parameters:

1. The city engineer will determine or certify the design parameters of each stormwater management basin based upon its capability to provide fill retention of stormwater runoff within a closed basin having a capability to hold one hundred percent (100%) of all street and yard runoff from a 5-year, 24-hour storm event with a retained water depth equal to or less than six inches (6"), and upon the geotechnical study required when new or modified impervious surface conditions change primarily because of new industrial, commercial or residential development.

2. Design parameters will include the basin total area (including terms and other details of the basin), basin depth, basin holding capacity and required basin discharge rate, if any.

3. The developer will provide a drainage plan which specifically defines all surface and underground elements and which shows grading details of all applicable areas. The plan will identify all paved and unpaved areas and will specify the flow routing to demonstrate that all runoff will be collected to the project basins.

4. The basin shall be designed with a means of gravity evacuation to facilitate its availability as a recreation area.

5. See title 8, chapter 6 of this code.


C. Responsibility For Basin Implementation: All aspects of basin implementation, including provision of the land the basin will require, the geotechnical study and report, the basin design for certification by the city engineer, basin construction following design approval, including all stormwater collection and discharge conduits and basin landscaping, is the responsibility of the developer in the case of a new industrial, commercial or residential development. If the basin is to serve the city in general as in the case of a large debris basin, the responsibility is that of the city.


D. Basin Ownership And Continued Maintenance Responsibility:

1. Basin serving the city; such basins, normally several acres and over ten feet (10') in depth, are public property and are maintained by the city.

2. Basin serving a specific residential, commercial or industrial development:

a. Basins having a total area over one acre will be brought to completion standards by the developer and, upon the final acceptance of the basin area by the city, the basin will be deeded to the city by the developer. The city then assumes continued maintenance responsibility (see subsection C of this section). The basin, depending upon its configuration, may be used by the city as a playground or recreation area.

b. Basins having a total area of less than one acre will be brought to completion standards by the developer and its disposition for ownership and continued maintenance can then be in one of the following methods:

(1) The developer can sell the basin area to a single adjoining property owner. The developer must place written conditions on the buyer (a copy to be filed with the city engineer) that include the following:

Nothing temporary or permanent can be built, stored, erected, located or parked in the basin.

Only grass (or another suitable ground cover) can be included in the basin's landscaping, i.e., no trees or shrubbery.

The basin area may, at the owner's discretion, be used as a playground or to play sports that the basin's area would allow.

(2) The developer can offer the basin to the city, who will determine its residual value to the city versus cost of maintenance. If the city determines to accept the basin, it will be deeded to the city at no cost.

(3) The developer can deed the basin to a neighborhood/homeowners' association (particularly in the case of a PD where such an association is required). In this case, the same conditions cited in subsection D2b(1) of this section must be imposed upon the association with a copy of the written conditions being filed with the city engineer.

3. For various technical reasons, the city engineer may determine a given basin of any size must be owned and maintained by the city.


E. Uses Unlawful: The basin shall not be used as a receiving body or holding facility for underground or irrigation water or other wastewater which is not direct storm runoff. (Ord. 2000-23, 7-18-2000)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=27876#s760676
10-15-34: INDOOR ENTERTAINMENT AS CONDITIONAL USE: linklink

Indoor entertainment, including uses such as dance halls, clubs, roller and ice skating rinks, theaters, etc., which do not serve alcoholic beverages, when allowed as a conditional use, shall be approved only in compliance with section 10-2-4 of this title. These uses shall be considered as a conditional use in any nonresidential zone as long as the following criteria have been complied with. These conditions are imposed to protect the surrounding areas and lifestyles:


A. Parking: One off street parking space shall be provided for each four (4) occupants, based on the maximum occupancy load for the use, or as otherwise determined by the planning commission.


B. Lighting Of Parking Lot: The parking lot be lighted sufficiently to provide safety to customers and clients. Lighting design must protect surrounding properties and residents from unwanted glare and disturbance to lifestyles.


C. Parking Considerations: In determining conveniently located parking, the planning commission shall consider:

1. The visibility of the parking area from the building;

2. The lighting, existing physical development, and types of uses between the parking lot and the facility;

3. The parking area shall be surfaced with a material such as chip sealed gravel or asphalt to assure minimum dust conditions.


D. Frontage Or Access: Buildings to be used for such uses have frontage on an arterial or collector road, or have access to said road within three hundred feet (300') from the main entrance of the building. Connecting private roads (building to arterial/collector), parking areas and sidewalks are to be surfaced with chip sealed gravel or asphalt material to minimize dust.


E. Location Requirements: No dance hall use be located closer than four hundred feet (400') to any public elementary, secondary school or residence, measured in a straight line between the dance hall structure and the affected school/residence from the property line with the following exemptions:

1. Dance halls located in the C-S or C-G zone.

2. If the affected resident agrees to a lesser distance in writing to the conditional use permit.


F. Agricultural Surrounding: In the event of an agricultural surrounding, the conditional use intended shall be carried out in such a way as to cause no objectionable odors other than normally expected in an agricultural setting.


G. Neighborhood Meeting: A neighborhood meeting, held after public notice and open to full public participation, must be conducted prior to application for a public hearing before the planning commission, involving the applicant, the neighborhood chairperson and representatives from the city. Ten (10) days' advance notification of this neighborhood meeting must be given, at the expense of the applicant, to each property owner within five hundred feet (500') of the intended conditional use property.


H. Noise Control: No musical instruments, stereophonic equipment, sound amplifier or similar device shall be operated in such a manner as to create a noise or vibration disturbance to any residence. If such a device is plainly audible and thus disturbing on the property of another or within a building other than that within which the device is located, the operator of the offending indoor entertainment must lower the level of amplification until the condition is corrected.


I. Business License Required: Each conditional use granted under this section must also obtain the related city license and meet all of its conditions.


J. Complaints: If a complaint is made to the police department and verified by them that a real disturbance of any sort exists, this shall serve as prima facie evidence of a violation of this condition of approval and will cause an immediate review of the approval and could result in that approval being withdrawn and denied until the condition of withdrawal is corrected to the satisfaction of the complainant and to verification of this by the police. If complaints are found to be frivolous, of a harassing nature and without real foundation, the complainant will be liable for the expenses incurred during the investigation on the part of the city and the conditional use permit holder.


K. Building Code Compliance: The building intended for this conditional use must meet approval of the fire chief and receive a certificate of approval, which must be conspicuously posted in the building at all times.


L. Health Requirements: The building intended for this conditional use must meet the approval of the county board of health regarding adequacy of public restrooms (including sewage disposal facility), as well as any public facilities.


M. Security: Security of the premises and security provisions during its hours of public use must be certified to the director of plans by the director of public safety. (Ord. 2008-25, 10-7-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=27876#s760677
10-15-35: SERVICE ORGANIZATIONS: linklink

Service organizations that are determined to be moderate impact uses may be permitted by the planning commission through the issuance of a conditional use permit, subject to the following conditions. "Service organization" means those that provide temporary housing or substance to those in need; or temporary board or room for youth or adults in a rehabilitation status.


A. Parking: Parking must be provided in compliance with chapter 18 of this title. If a parking standard is not established by ordinance, the proposed parking must be reviewed and approved by the planning commission.


B. Lighting Of Parking Lot: Parking lots shall be lighted sufficiently to provide safety to customers.


C. Parking Considerations: In determining conveniently located parking, the planning commission shall consider:

1. The visibility of the parking area from the building and the street.

2. The lighting, existing physical development, and landscaping around the parking.


D. Management Responsibility: The service organization management be responsible for the following:

1. Parking lots, grounds and premises be closed and vacated within thirty (30) minutes of closing of the service organization.

2. The service organization operator will be responsible for the control of loitering, noise, conduct of clients and litter in and around parking areas.

3. The premises be posted for "no trespassing" and "no loitering" after normal business hours. (Ord. 2000-23, 7-18-2000)


E. Neighborhood Meeting: A neighborhood meeting, held after public notice and open to full public participation, must be conducted prior to application for a public hearing before the planning commission, involving the applicant, the neighborhood chairperson and representatives from the city. Ten (10) days' advance notification of this neighborhood meeting must be given, at the expense of the applicant, to each property owner within five hundred feet (500') of the intended conditional use property. (Ord. 2000-23, 7-18-2000; amd. 2003 Code)


F. Location To Residential Zone: Miscellaneous service organizations shall not be located closer than four hundred (400) linear feet to a residential zone and must be bordered on all sides by a commercial zone, including across public streets.


G. Off Street Parking Distance: Designated off street parking shall be located no closer than four hundred feet (400') from a residential zone. (Ord. 2000-23, 7-18-2000)


H. Noise Disturbances: The service organization shall not cause excessive noise. If a complaint is received by the police department that a noise disturbance exists, this shall serve as prima facie evidence of a violation of this condition of approval. (Ord. 2000-23, 7-18-2000; amd. 2003 Code)


I. Maintenance: The service organization shall preform routine and proper maintenance of the exterior of the building and grounds. (Ord. 2000-23, 7-18-2000)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=27876#s760678
10-15-36: WIRELESS COMMUNICATIONS; AMATEUR, PRIVATE, AND COMMERCIAL TOWERS AND ANTENNAS: linklink


A. Purpose And Objectives: This section separates regulations governing amateur communications from the private/noncommercial radio communications and related equipment, and from the regulations of the commercial communication/business related equipment and facilities, and establishes provisions relating to demand, visual mitigation, r-f noise, engineering, residential impact, health, safety and facility siting. Such equipment may include, but is not limited to, cellular or PCS (personal communication system), paging and microwave systems, and associated antennas, dishes, mounting structures, and related equipment communications. All facilities shall comply with the following regulations and all other ordinances of the city and any pertinent regulations of the federal communications commission (FCC) and the federal aviation administration (FAA).


B. Amateur Communications: This subsection shall apply to amateur radio antennas and support structures. The equipment and facilities mentioned above shall be allowed in all zones within the city, and it is the city's intent to provide reasonable accommodation for such communications. These are regulated by the federal communications commission (FCC); however, the following shall be required:

1. Building Permit Required: A building permit for an antenna support structure is to be submitted to the community development department with the following items:

a. A site plan identifying the property boundary, location of existing buildings and structures, the proposed location for the support structure, and the distance relationship between these illustrated items;

b. Manufacturer's specifications for the antenna support structure, including details of footings, guywires if required, and height; and

c. A copy of the applicant's amateur radio license.

2. Amateur Antenna Support Structures: No more than one amateur support structure per lot may be installed, and shall be located in the rear or side yard of a home or main structure. The following additional standards shall apply:

a. Minimum setbacks for all amateur support structures shall be twenty feet (20') from neighboring property lines and a minimum thirty feet (30') from the public right of way.

b. Height of support structures is permitted up to seventy five feet (75'), measured from ground level.

c. Support structures shall be composed of nonreflective galvanized steel or aluminum, and shall not have obtrusive colors.

3. Antennas: Operators may use various antennas depending upon their communications objective. Amateurs typically require both UHF/VHF and HF antennas to achieve local and long distance communications and to also provide emergency communications. Antennas are to be installed on a building or property in the least conspicuous location possible as viewed from the public street.

4. Conditional Use Permit Required: A conditional use permit shall be required for the design of any amateur antenna or support structure that exceeds or deviates from subsections B2 and B3 of this section, and shall be subject to the following additional conditions:

a. Along with the submittal of a conditional use permit application, the applicant is to include a letter documenting why a need to increase the height is necessary to achieve the communication capabilities desired. Support structures shall not exceed the height necessary to meet the technological requirements of installation.

b. An increase in the setback, from the base of the support structure to each affected property line, by one foot (1') for every additional foot in height above seventy five feet (75').

c. No nuisance or hazard is created, subject to the review standards in section 10-2-4 of this title. The city, in considering the application, must apply the minimal practicable regulation necessary to achieve its goal of protecting the welfare of the community while ensuring the regulation will not impinge on the needs of the amateur operator to engage in amateur communications.

5. Building Permit Not Required: A building permit shall not be required for any amateur antenna support structure that is twelve feet (12') or less in height.


C. Private/Noncommercial Communications: This subsection shall apply to the private installation and operation of wireless communication antennas, dishes and support structures, over the air reception devices (OTARD), two-way radio or other communication systems for noncommercial purposes. The equipment and facilities mentioned above shall be allowed in all zones within the city, and it is the city's intent to provide reasonable accommodation for such communications. These are regulated by the federal communications commission (FCC); however, the following shall be required:

1. Exempt: The installation of any OTARD (antenna or satellite dish, etc.) less than one meter (1 m) (39.37") in diameter or support structure that is six feet (6') or less in height shall be exempt from these requirements.

2. Building Permit Required: If an over the air reception device exceeds the limits found in subsection C1 of this section, then a building permit is to be submitted to the community development department including the following items:

a. A site plan identifying the property boundary, location of existing buildings and structures, the proposed location for the device and/or support structure, and the distance relationship between these illustrated items;

b. Manufacturer's specifications for the antenna support structure, including details of footings, guywires, and height; and

c. A copy of the applicant's license to operate.

3. Single-Family Properties: No more than one over the air reception device (antenna, dish, etc.) per dwelling unit are permitted. These devices shall be enclosed within the dwelling unit or other structure compatible with the home. If technological or logistical justification would preclude the enclosure of the antenna or dish, then they may be placed on the building or property in the least conspicuous location possible, as viewed from a public street. Antennas shall not exceed an overall height of forty five feet (45'). Satellite dishes shall not exceed three feet (3') in diameter.

4. Condominium/Townhome Associations/And Other Multi-Family Cooperative Ownerships: As part of the conditional use permit (CUP) review, these developments are required to have a central or common reception device (antenna) for the tenants within the development. If technological or logistical justification would preclude this limitation, then individual tenants may obtain a permit to install their reception device where they would have exclusive use, such as a balcony or patio; however are subject to the size requirements listed in this subsection.

5. Towers: No more than one private tower per lot shall be allowed, and shall be located in the rear or side yard of a home or main structure after having met the minimum setback requirement. The following additional standards shall apply:

a. Minimum setbacks for all private communication support towers shall be twenty feet (20') from neighboring property lines and a minimum fifty feet (50') from the public right of way.

b. Height of private communication support towers is subject to the overall maximum height limitation of forty five feet (45') for an antenna.

c. Tower structures and related equipment shall be composed of nonreflective galvanized steel or aluminum with unobtrusive colors.

6. Conditional Use Permit Required: A conditional use permit shall be required for the private installation of over the air reception devices or tower structures that deviate from subsections C3 through C5 of this section, and shall be subject to the following additional conditions:

a. Along with the submittal of a conditional use permit application, the applicant is to include a letter documenting why they believe an increase in height is necessary to achieve the communication capabilities desired. Towers shall not exceed the height necessary to meet the technological requirements of installation.

b. An increase in the setback, from the base of the tower structure to each affected property line, by one foot (1') for every additional foot in height above forty five feet (45').

c. No nuisance or hazard is created, subject to the review standards in section 10-2-4 of this title. The city, in considering the application, must apply the minimal practicable regulation necessary to achieve its goal of protecting the welfare of the community while ensuring the regulation will not impinge on the needs of the private operator to engage in over the air communications.

d. No over the air device shall impinge on historical preservation or any safety concerns that have been properly identified. (Ord. 2010-7, 3-2-2010)


D. Commercial Communications: This subsection shall apply to all commercial and business related use of wireless communication equipment. Commercial antennas, towers, and related equipment shall be allowed in all commercial, industrial, and office zones with conditional use permit approval granted by the planning commission at a public hearing. Installation of commercial communications equipment may be considered in a residential zone through the conditional use permit process, on public property only, or property in conjunction with a quasi-public use, such as a school, church, public park or government building. The following regulations are to be complied with as outlined below:

1. Applicant is to submit a conditional use permit application to the community development department, as outlined in section 10-2-4 of this title.

2. Once the conditional use permit has been approved, the applicant is to submit a building permit to the community development department with the following items:

a. Copy of the approved site plan with supporting documents; and

b. Manufacturer's specifications for the antenna support structure, including details of footings, guywires, and height.

c. A copy of the applicant's license to operate.

3. The following standards shall be required with the installation and use of antennas, dishes, or other related commercial communication equipment mounted on roofs or walls of commercial, office or industrial zones, and on buildings in a residential zone as allowed in this chapter:

a. Antennas, dishes, supports, and related equipment shall be mounted inside an enclosed decorative building or made stealth within a steeple, flagpole, utility pole or other stealth structure, unless adequate justification for a wall or roof mount can be provided. Antennas, dishes, supports and related equipment which cannot, because of technological reasons, be wall or roof mounted, mounted on or within an existing utility pole or enclosed within a stealth structure, or on a tower structure. Please see subsection D4c of this section for tower height maximums.

b. Roof mounted antennas, dishes, and equipment shall not exceed ten feet (10') above the surface of the roof or the top of the lowest parapet screening wall.

c. Minimum setback shall be ten feet (10') from the edge of the roof.

d. Wall mounted antennas shall not extend more than eighteen inches (18") from the surface of the wall, of the building to which they are mounted. All antennas shall be made stealth so as to be incorporated as part of the building's architecture.

e. All ground equipment, associated with commercial antennas, shall be placed within a below grade vault or completely enclosed and screened from view within a six foot (6') solid decorative masonry wall or other suitable fence, to match the architectural theme of the vicinity or adjacent development, as determined by the planning commission or city council. Ground equipment buildings shall not exceed six hundred (600) square feet, nor exceed ten feet (10') in height, and shall be secured. Expansion of the original ground equipment, site area, or enclosures shall require a conditional use permit or a modification of the conditional use permit if one already exists.

4. Communication towers; freestanding poles or lattice towers used for the purpose of facilitating communication equipment shall require conditional use permit approval as outlined in section 10-2-4 of this title, and are subject to the following standards:

a. Design: Towers shall be composed of nonreflective galvanized steel or powder coated surfaces with unobtrusive colors. All ground equipment, associated with commercial towers, shall be placed within a below grade vault or completely enclosed and screened from view within a six foot (6') solid decorative masonry wall or other suitable fence, to match the architectural theme of the vicinity or adjacent development, as determined by the planning commission or city council. Ground equipment buildings shall not exceed six hundred (600) square feet, nor exceed ten feet (10') in height, and shall be secured.

b. Location: Towers are to be located in rear yard areas, and in areas least obtrusive on the public view and neighboring uses; see subsection D4d of this section for setbacks;

c. Height: Tower structures shall not exceed one hundred feet (100') in height in all commercial, office and residential zones where allowed. A maximum of one hundred seventy five feet (175') shall be considered in industrial zones.

d. Setbacks: Tower structures shall have a minimum twenty five foot (25') setback from an adjacent commercial, office or industrial zone, up to a height of one hundred feet (100'). For industrial zones that allow greater than one hundred feet (100') in height, one additional foot is to be added, to the setback, for each foot above one hundred feet (100'). Tower structures on property adjacent to a residential use shall be subject to the following setbacks:

Tower
Height  
Distance From
Residential
Property Line  
   
70 feet   150 feet  
80 feet   175 feet  
90 feet   200 feet  
100 feet   225 feet  

e. Multiple Users: All towers are to be designed to accommodate three (3) separate users. A letter must also be supplied stating that the owner(s) of the tower will allow for collocation and that the structure has been constructed to allow for this, unless grid documentation is supplied by an independent consultant that collocation will create a hardship. Only one conditional use permit (CUP) approval shall be required, unless the tower or ground equipment is expanded, at which time the existing CUP is to be modified.

(1) Towers with available collocation points located on public property will be required to allow collocation at Pleasant Grove City's request. Failure to respond to a written request from Pleasant Grove City within thirty (30) days of the request may result in revocation of the conditional use permit.

(2) Failure to allow collocation where available may also result in revocation of the conditional use permit.

f. Security: The city may require the owner of the communications facility to establish a ten thousand dollar ($10,000.00) cash security fund or provide the city with an irrevocable letter of credit in the same amount to secure the cost of removing the communication equipment.

g. Letter Of Removal Upon Vacation: The property owner must supply the city with a letter stating that, if technology renders the tower obsolete or the tower is vacated, the owner 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.

h. Separation: Commercial communication towers shall have a minimum separation requirement of one thousand feet (1,000').

(1) Cell tower separation may be reduced to one hundred fifty feet (150') provided it is located on public property and attached to an existing pole or building infrastructure with the ability to accommodate communication equipment.

5. The following are additional standards to be considered with commercial communications:

a. Collocation of the antennas on other existing structures in the same vicinity, such as other towers, buildings, water towers, utility poles, etc., is possible without significantly impacting antenna transmission or reception of established users or facilities in the area.

b. Each communication facility shall be considered a separate use; and an annual business license shall be required for each such facility.

c. The location of any tower will not create a detrimental impact to adjoining properties.

d. No commercial messages or signage shall be allowed on antenna supports (towers) or equipment, beyond safety warnings, and one identification sign which are not greater than four (4) square feet in size.

e. Technological justification, when requested, shall be provided by an independent third party wireless communications engineering firm, selected by the city and paid for by the applicant. (Ord. 2015-27, 7-21-2015)


E. Definitions:

AMATEUR RADIO ANTENNA: Antenna which is used for transmitting and receiving radio signals from a radio station controlled by an operator licensed by the federal communications commission.

AMATEUR RADIO ANTENNA SUPPORT STRUCTURE: A lattice or pole structure which acts as a support to the amateur radio antenna. Typical support structures are triangular or square in cross section, crank up, or guyed, and are constructed with galvanized steel or aluminum.

ANTENNA: A transducer, attached to a support structure, designed to transmit or receive electromagnetic waves.

COMMERCIAL COMMUNICATION TOWERS: Tall structures designed to support antennas and dishes. Commercial towers are typically monopole in design, but may also be building structures, if stealth principles are used.

OTARD: Acronym for over the air reception devices (antenna, satellite dishes, etc.) installed for private reception.

STEALTH: The use of alternative support structures to blend or hide the communication equipment with the design, shape, or color of the structure. Examples of stealth are, but are not limited to, field lights, clock towers, bell towers, water towers, flagpoles, windmills, monuments, etc. (Ord. 2010-7, 3-2-2010)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=27876#s760679
10-15-37: SECOND KITCHEN IN SINGLE-FAMILY RESIDENCES: linklink


A. Requirements: A second kitchen in a single-family residence may be allowed in an A-1, R-R or R-1 zone, if all of the following requirements are met:

1. The home shall have only one address.

2. An interior access shall be maintained to all parts of the home.

3. The home shall have no more than one electrical meter.

4. A second kitchen may exist only as part of the primary structure and may not be installed in an accessory or "out" building.


B. Limitation Of Use: Once a second kitchen is approved under the above criteria, both present and future owners of the property must limit use of the single-family residence to one family only. Present and future owners shall not have roomers and boarders other than members of the family residing in the home. (Ord. 2000-23, 7-18-2000)


C. Building Code Standards: Construction of any such kitchen would then be required to meet international building code standards. (Ord. 2000-23, 7-18-2000; amd. 2003 Code)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=27876#s760680
10-15-38: FENCING STANDARDS: linklink

The term "fence" shall include any permanent and manmade tangible barrier, latticework, or wall, with the purpose of, or having the effect of, preventing passage or view across the fence line. Landscaping and other vegetation shall not be considered fencing, but may be used as screening material, except as regulated below. Except fencing defined as "exempt", fence permits must be obtained from the community development office for the installation of all fences. The applicant, submitting for a fence permit, shall submit a site sketch showing the lot, the location of the fence on the lot, the proposed height(s) of the fence, the elevation of the lot and surrounding properties, and the location of driveways on the lot and adjacent properties. Any fence, wall, screen or other material serving as a fence, shall not create a sight distance hazard to vehicular or pedestrian traffic as determined by the city engineer. Each landowner shall be permitted to install an approved fence on the property line. If a fence already exists on the property line, and the adjacent neighbor wishes to install their own fence, then the additional fence must be installed as close as possible to the neighbor's fence. Secondary fencing may be installed subject to the provisions of this section (see subsection K of this section). Security fencing shall be allowed according to this chapter for public facilities/lands.


A. Front Yard: Solid walls, fences or screening materials which are sight obscuring may be built to a maximum height of three feet (3') in any required front yard perimeter. Walls, fences or screening materials (chainlinks are not allowed) which are not sight obscuring (at least 50 percent open) may be built to a maximum of four feet (4') in a front yard.


B. Side Yard (Interior Lot): Solid, sight obscuring fences or walls may be built to a height of six feet (6'). In cases where there is a difference in grade between property lines or it is determined that additional screening is needed, side yard fences may exceed six feet (6'), up to a maximum of ten feet (10'), provided, that the applicant first obtains conditional use permit approval from the planning commission, and second, that a building permit is obtained from the community development office prior to construction.


C. Rear Yard: Walls and other fences in a rear yard may be erected up to six feet (6') with fence permit approval. In cases where there is a difference in grade between property lines, or it is determined that additional screening is needed, rear yard fences may exceed six feet (6'), up to a maximum of ten feet (10'), provided, that the applicant first obtains conditional use permit approval from the planning commission and second, that a building permit is obtained from the community development office prior to construction.


D. Corner Lots: A fence not more than six feet (6') high may be constructed along the perimeter of any required side yard adjacent to a public street on a corner lot, provided it does not obstruct clear view of intersecting streets as defined in section 10-15-10 of this chapter.


E. Grade Differences: Where there is a difference in the grade of the properties on either side of a fence, wall or other similar structure, the height of the fence shall be measured from the natural grade of the property upon which it is located. In cases where a new development is proposed adjacent to an existing residential use, the new development is to be the party responsible for providing suitable screening to help mitigate a difference in grade between the new and existing residential property, if that grade difference is greater than three feet (3'). This screening shall be required with the site or subdivision plat, and shall require conditional use permit approval from the planning commission.


F. Retaining Walls: Where a retaining wall protects a cut below or a fill above the natural grade and is located on the line separating lots or properties, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed. In such cases, the builder of the retaining wall must obtain building permit approval from the community development office.


G. Multiple Frontage Lots: A minimum six foot (6') tall decorative precast concrete wall shall be erected along the property lines of a rear or side yard, of lots in a new development, adjacent to a collector or arterial street, to help mitigate the concerns with frontage adjacent to these high traffic public rights of way, and to protect the safety and privacy of everyday family life, provided that the placement will not result in the establishment of a hazardous condition to adjacent properties, vehicles or pedestrians, as determined by the city engineer. The precast concrete wall is to be matching or similar in design, along the entire street corridor of the collector or arterial, to establish a standard of consistent visual appearance. Designs for the wall are to be approved by the community development department director or his/her designee, through the issuance of a fence permit. The following cases shall be exempt from installing a wall:

1. Multiple frontage lots with existing homes along a collector or arterial street;

2. Multiple frontage lots with existing homes along city streets with the standard fifty six foot (56') width or less.


H. Entryways: Entry treatments to private driveways or subdivision development entrances shall not exceed six feet (6') at the highest point, except lamps on pillars, and must comply with the provisions of section 10-15-10 of this chapter. Pillars shall be allowed to extend up to eighteen inches (18") above the allowable height of a fence; provided, that the pillars shall have a minimum spacing of no less than six feet (6'), measured face to face. The said fence must be set back a minimum of ten feet (10') from the entry drive, unless a greater distance is deemed necessary by the city engineer.


I. Exemptions: The provisions of this section shall not apply to certain other fences such as tennis court backstops or patio enclosures as approved by the community development office, if it is determined that such do not create a hazard or violation of other sections of the city ordinances. Also, continuous growth, trees, shrubs, and hedges shall not be considered as fencing, but screening materials. Hedges and other similar vegetation used as screening shall be exempt from the permitting process to a height of six feet (6') or less in the side and rear yards, and up to three feet (3') tall in a front yard area.


J. Large Animals: Where a new development is proposed, adjacent to property with large animals, the developer is to install a minimum six foot (6') tall precast concrete or masonry wall, along such boundaries for the protection of both the animals and the future residents within the new subdivision. The approval of the wall is to be included with the preliminary and final subdivision plat approvals, and must meet the design standards as determined by the community development office. Upon final plat approval, the city council may waive the requirement for the said wall, if the council determines there will be no potential hazardous conditions and that any other concerns are mitigated through the issuance of a conditional use permit.


K. Secondary Fence: A second independent fence, within the side and rear yards, is permitted; however, this second fence must be a minimum five feet (5') from the property line.


L. Maintenance: All fencing within view of the public right of way is to be well maintained and in good condition to avoid any unsightly views. If the said fence is in poor condition, repairs are to be made within one year of the occurrence. This includes any deterioration, damage, graffiti, or any other condition the city deems unsightly or a nuisance.


M. Nonconforming Fencing: All nonconforming fencing shall be subject to the following regulations:

1. Alterations: A nonconforming fence shall not be reconstructed, raised, moved, placed, extended or enlarged unless said fence is changed so as to conform to all provisions of this chapter.

2. Restoration: Nonconforming fences which have been allowed to deteriorate or which have been damaged by fire, explosion, act of God, act of a public enemy, or damaged by any other cause, to the extent of more than sixty percent (60%) of its assessed value shall, if repaired or rebuilt, be repaired or rebuilt in conformity with the regulations of this chapter or shall be removed.

3. Unsafe Fences: Any fence or portion thereof declared unsafe by a proper public authority must be restored to a safe condition or removed within thirty (30) days of notice, of the unsafe condition, given by the city.


N. Security Fencing (Public Utilities Lands, And Facilities): In order to provide for the safety and security of public utilities and infrastructure, the following regulations apply to fencing said facilities:

1. Height: Public lands and facilities may install security fencing up to a maximum height of eight feet (8') around the entire perimeter of the site, including within the front yard setback area. Upon review by the planning commission, a greater height may be granted through a conditional use permit.

2. Design: Fence must be nonsight obscuring. Chainlink may be installed, with a black, dark green, or dark brown coating for aesthetic purposes.

3. Clear Vision Review: City engineer may require alterations to fence placement to provide sufficient clear vision for access to the property and adjacent properties. (Ord. 2011-4, 3-29-2011)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=27876#s760681
10-15-39: MUD, DEBRIS AND DUST CONTROL: linklink

The problem of mud, debris and dust control during subdivision and all other construction activity must be contained. The best way to avoid this problem is for each developer, builder and contractor to police themselves so that the city does not have to become involved. However, if needed, the city will aggressively seek to remedy such situations. The following provisions will be made for the cleanup of city streets and dust control:


A. Bond: The improvement or construction bond provided will include cleanup and dust control.


B. Responsibilities: The developer of the subdivision or project is responsible for cleanup and dust control associated with streets. Builders will be responsible for cleanup and dust control associated with an individual lot. However, overall responsibility is still in the hands of the developer.


C. Use Of Hydrants: The city will permit the use of hydrants for a hookup fee and a charge for water used. This will facilitate dust control. (Ord. 2000-23, 7-18-2000)


D. Stop Work Order: If it is determined that excessive debris and mud are being tracked onto city streets from an individual lot, the city will notify the builder of the need to clean the street. The city will issue an order stopping all further inspections on the buildings until the cleanup is completed. The city may perform the cleanup and bill the builder for the costs of cleanup. This bill must be paid before further inspections will be performed. Likewise, if the city determines that excessive mud is being tracked onto city streets from a subdivision road under construction or other reasons, the developer will be notified and given the same time period to perform the cleanup. If the cleanup is not done, the developer will be billed for the cost of the cleanup and inspections will not be performed on improvements until the bill is paid. (Ord. 2000-23, 7-18-2000; amd. 2003 Code; Ord. 2004-19, 8-17-2004)


E. Service Of Notices And Orders: Notifications and orders will be served in a manner consistent with the provisions of applicable law.


F. Enforcement Authority: In addition to the chief building official and zoning administrator, building and public works inspectors will have authority to issue any notifications and orders referenced herein. (Ord. 2000-23, 7-18-2000)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=27876#s760682
10-15-40: DISPLAYING COMMERCIAL MERCHANDISE AND OTHER CUSTOMER SERVICES: linklink

The displaying of commercial merchandise and other customer services shall be permitted upon compliance with the following: (Ord. 2000-23, 7-18-2000; amd. 2003 Code)


A. Approval of display by the zoning administrator or refer to the planning commission. (Ord. 2000-23, 7-18-2000; amd. 2003 Code; Ord. 2004-19, 8-17-2004)


B. The fifteen foot (15') setback area is properly landscaped as required by the city ordinances or permit approvals. Reductions in screening landscaping (trees, tall shrubs) along the frontage must be compensated for elsewhere on the property in a one to one (1:1) ratio.


C. The display does not obstruct clear vision area as required by city ordinances. (Ord. 2000-23, 7-18-2000; amd. 2003 Code)


D. The display does not obstruct the entrance and is all portable and not attached to the land.


E. Other than lighting, there are no other physical improvements in the display area except that the goods may be encircled by a single cable or chain with its related posts. (Ord. 2000-23, 7-18-2000; amd. 2003 Code; Ord. 2004-19, 8-17-2004)


F. The display does not consist of signage other than as allowed by the sign ordinance.


G. The display does not exceed eighty percent (80%) of the overall encroachable area.


H. The visual quality of the property, the surrounding properties, and the city are not adversely affected by the display.


I. The display does not function as an extension of any parking lot. Display area may not be used for customer parking. Display area must be separated from parking areas by change in elevation, texture or material.


J. Any overhead cover (awning, canopy or tent) may be permitted on a temporary basis in conjunction with special events or sales. At no time shall the overhead cover be allowed more than two (2) times a year for a total period not to exceed thirty (30) days. (Ord. 2000-23, 7-18-2000; amd. 2003 Code)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=27876#s760683
10-15-41: STREET FRONTAGE IMPROVEMENTS: linklink

When full street improvements have not been installed along the frontage of a property the city will require the installation of the remaining improvements.


A. Improvements: Improvements include any missing portions of curb, gutter, sidewalk, and asphalt required to complete the roadway surface, and any relocation of utilities required by the improvements. Refer to the appropriate roadway cross section in the current public works standard specifications and drawings manual for details.


B. New Construction Or Reconstruction: All missing improvements are required for all new residential and commercial construction. Reconstruction involves the total replacement or significant alteration of the primary building. For commercial construction it does not refer to interior improvements or remodeling (tenant improvements).


C. Accessory Buildings: All missing improvements are required for the construction or expansion of accessory buildings with a square foot area greater than ten percent (10%) of the minimum lot size in the zone in which it is located.


D. Exceptions: The following property circumstances may qualify for an exception from the street improvements requirement:

1. Interior or exterior remodeling that does not increase the footprint of the building;

2. Building additions, or accumulation of building additions, less than seven hundred (700) square feet;

3. Residential basement finishes;

4. Replacement of any single-family residential home damaged by fire, flood, or similar natural disaster, as long as it does not exceed the square footage of the original home;

5. Any historically significant sites where installation of street improvements would adversely affect historic features of the property, upon receipt of a written recommendation from the historic preservation commission;

6. Any existing situations involving topographical or storm drain issues that are unable to be mitigated, as determined by the city engineer;

7. The property is more than three hundred feet (300') away from existing street improvements and a letter recommending the exception is submitted by the city engineer;

8. Any single-family residential site, on a corner lot, where both frontages are missing improvements. The city shall determine which of the two (2) frontages is to be completed after consultation with the owner. Required improvements include the corner around to the second missing frontage.


E. Waiver Of Protest Required: When an exception from the requirement to install missing street improvements is granted, the property owner shall be required to sign a waiver of protest for any future special assessment area which installs all or a portion of the missing improvements. The exception, with its associated waiver of protest, is not transferable to new property owners. All missing improvements shall be installed at the time the property is sold or the ownership is transferred, unless a new exception is approved, following a determination that the property still qualifies under one of the exceptions listed above.


F. Time To Complete Improvements: All required improvements are to be completed prior to the issuance of a building permit. A building permit may be issued without installation of the improvements provided that a cash bond of one hundred twenty five percent (125%) of the estimated costs of construction is posted to guarantee completion. Regardless of bonding, the required improvements are to be completed by the date shown in the cash bond agreement (no more than 1 year from the date of signing) or prior to finalization of the building permit process or issuance of a certificate of occupancy, whichever occurs first. (Ord. 2016-15, 7-19-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=27876#s760684
10-15-42: TEMPORARY DEAD END STREETS: linklink

Temporary dead end streets will be permitted upon the following conditions:


A. The maximum street length will not exceed seven hundred feet (700') from the originating point of access to the centerline of the turnaround area, unless recommended by the Planning Commission and approved by the Hearings Officer or City Council. (Ord. 2017-29, 5-16-2017)


B. An eighty four foot (84') diameter turnaround area, or approved hammerhead design, shall be paved to the same standards as the street. The edge of the cul-de-sac turnaround area shall be finished with curb and gutter; sidewalk will not be required. (Ord. 2000-23, 7-18-2000; amd. 2003 Code; Ord. 2004-19, 8-17-2004)


C. A payment of cash will be paid to the City, in the amount as determined by the City Engineer, for the future removal of the curb on the turnaround and the installation of new curb, gutter and sidewalk. (Ord. 2000-23, 7-18-2000; amd. 2003 Code)


D. The front yard setback for any building fronting the cul-de-sac turnaround area shall not be less than fourteen feet (14') from the curb.


E. If the property owner elects to accept the cul-de-sac turnaround encroachment on a permanent basis, then the property, including two feet (2') behind the back of the sidewalk, shall be deeded to the City as a public right-of-way. This dedication will only be permitted if the lot area and building setbacks conform with the minimum requirements of the zone. (Ord. 2000-23, 7-18-2000; amd. 2003 Code; Ord. 2004-19, 8-17-2004)


F. Fire hydrants, approved flush valves and street lighting must be provided at the appropriate spacing. (Ord. 2000-23, 7-18-2000; amd. 2003 Code)


G. A pole mounted sign, constructed per city standards, shall be installed at the end of the temporary dead end street. The sign shall contain the text, "Temporary Dead End Street". (Ord. 2005-4, 1-4-2005)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=27876#s760685
10-15-43: SECONDARY WATER SYSTEM IMPROVEMENTS INSTALLATION: linklink

For any and all development within the city, where a building permit or conditional use permit is required, the developer shall be required to install adequate piping and appurtenant facilities so that the secondary water system may be connected to the development when said system becomes available. If the approved site plan shows no outside, nonpotable water use, said piping shall not be required. (Ord. 2000-23, 7-18-2000; amd. 2003 Code; Ord. 2004-19, 8-17-2004)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=27876#s760686
10-15-44: EXTERIOR LIGHTING: linklink

The purpose of this section is to regulate the placement, aim, distribution patterns, fixture types and operation of outdoor lighting installed in the city. It is the intent of the city to encourage lighting that provides safety, utility and security. It is the intent of the city to protect the enjoyment of private property rights, and reduce atmospheric light pollution. It is the intent of the city to limit glare on public ways and private property by confining direct light (i.e., line of sight view of the lighting filament, element or source) to the premises.


A. General Provisions:

1. All outdoor lighting in nonresidential developments shall be turned off after business hours, except for essential security lighting.

2. Electrical service to outdoor light fixtures shall be underground unless fixtures are mounted directly on buildings or public utility poles.

3. Lights mounted to the exterior walls of buildings shall be aimed towards the building.

4. Light fixtures shall be shielded type fixtures that are located, mounted and aimed to prevent direct light and glare from exceeding beyond the site's perimeter.

5. Light fixtures on poles shall be installed at a maximum height of twenty feet (20') in residential zones unless otherwise provided for herein. Pole height shall not exceed the maximum allowed fixture height.

6. Light fixtures designed as part of a larger improvement or development to portray a historic period or unique architectural style are encouraged where appropriate. Such fixtures are not required to be shielded, however, where nonshielded fixtures are used, the maximum lumens generated by each fixture shall not exceed two thousand (2,000) (equivalent to a 150 watt incandescent bulb). The height of such light fixtures shall not exceed twenty feet (20').

7. Light fixture height shall be measured from the ground surface being illuminated to the bottom of the light fixture.

8. Exterior lighting installed prior to the creation of this chapter shall be subject to the requirements of this chapter if, in the opinion of the community development director, that lighting creates a public nuisance or hazard.

9. The community development director may find that exterior lighting is a public nuisance if such lighting is deemed by the public safety director to be a hazard to vehicular traffic.

10. The community development director may find that exterior lighting is a public nuisance if direct light enters onto adjacent properties and is offensive to adjacent property owners, and such lighting is not exempt under subsection B of this section.


B. Exemptions: The following types of outdoor lighting shall be exempt from the provisions of this section, except as specifically stated in this subsection:

1. Holiday lighting during the months of November, December and January, provided such lighting shall not create nuisance or hazardous, dangerous glare on adjacent streets, or nuisance glare on adjacent properties.

2. Temporary lighting, including, but not limited to, circuses, fairs, carnivals and civic uses, for a period not to exceed fourteen (14) days, with the approval of the community development director. Requests for extensions of time may be approved by the community development director.

3. Lighting necessary for permitted agricultural operations.

4. Construction or emergency lighting; provided, that such lighting is temporary and is discontinued immediately upon completion of the construction workday or abatement of the emergency circumstances necessitating such lighting.

5. Lighting for public streets.

6. Lighting for public facilities such as the city's recreation facilities (parks, softball fields, tennis courts, swimming pool, rodeo grounds, etc.), parking lots and buildings; and the Alpine School District schools, playing fields, parking lots, etc., except that such uses shall contain direct light to the premises.

7. Lighting for residences, except that said lighting shall not constitute a public nuisance.


C. Parking Lot Lighting:

1. Parking lots should be illuminated adequately for security and safety, but such illumination shall be controlled to prevent direct light and glare from exceeding beyond the site's perimeter, and from becoming a nuisance to adjacent property owners. Parking lot lighting shall not be used to draw attention to a business.

2. Parking lot lighting shall be designed so the minimum illumination at grade level is between two-tenths (0.2) and three-tenths (0.3) foot-candle in residential zones and between three-tenths (0.3) and five-tenths (0.5) foot-candle in nonresidential zones. The ratio of average parking lot illumination to minimum parking lot illumination shall not exceed four to one (4:1).


D. Lighting Of Exterior Sales/Display Areas: The following provisions apply to businesses such as automobile, heavy equipment and recreational vehicle dealerships and other businesses, such as building material stores, which rely on outdoor display of merchandise:

1. Areas designed for parking or passive display of merchandise shall be lighted in accordance with the standards for parking lots in subsection C of this section.

2. Exterior display/sales areas shall be designed so that the ratio of average sales/display area lighting to minimum sales/display area lighting shall not exceed four to one (4:1).


E. Security Lighting: Adequate lighting should be provided to protect persons and property and to allow for the proper functioning of surveillance equipment. The following requirement shall apply to security lighting:

1. Security lighting plans shall utilize shielded fixtures. Floodlights shall not be permitted.

2. Vertical features, such as building walls, may be illuminated for security purposes to a maximum height of twenty feet (20') above grade.

3. Security lights intended to illuminate a perimeter, such as a fence line, shall be allowed only if regulated by a motion detection system that automatically turns on the lighting when an intruder moves to within five feet (5') of the perimeter, and automatically turns off the lights after a maximum period of thirty (30) minutes.

4. For security lighting in residential zones, the average illumination of a vertical surface or a horizontal surface at grade level shall not exceed one-half (1/2) foot-candle. For security lighting in nonresidential zones, the average illumination of a vertical surface or a horizontal surface at grade level shall not exceed one and one-half (11/2) foot-candles.


F. Lighting Of Gasoline Station/Convenience Store Canopies: Gasoline station and convenience store canopies should provide lighting for customers. Lighting shall not be a nuisance or hazard to adjacent property owners or on adjacent streets. The following requirements shall apply to lighting of gasoline station/convenience store canopies:

1. Lighting fixtures in the ceiling of canopies shall be fully recessed in the canopy or shielded.

2. Light fixtures shall not be mounted on the top or fascia of such canopies.

3. The fascia of such canopies shall not be illuminated except for approved signage.

4. The ratio of average illumination to the minimum illumination at grade in the areas around the gasoline pumps shall not exceed four to one (4:1). (Ord. 2000-23, 7-18-2000)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=27876#s760687
10-15-45: ELDERLY HOUSING FACILITY DEVELOPMENT STANDARDS: linklink

Elderly housing facilities allowed as a conditional use shall comply with the following additional standards:


A. Setbacks: The minimum setback along the entire periphery of the development shall be the front yard setback of the zone increased by the ratio (in feet) of the gross building area divided by the minimum single-family floor area required by section 10-15-30 of this chapter for the applicable zone. The setback shall be further increased one foot (1') for each maximum building height over twenty feet (20'). For example, a 12,000 square foot, 25 foot tall building in the A-1 zone would have the following setbacks: 12,000/1,200 = 10 + 30 (A-1 front yard setback) + 10 (side setback) + 5 (height above 20 feet) = 55 feet.


B. Permissible Lot Coverage: In the A-1 zone, the total building and hardscape area shall not exceed thirty percent (30%) of the area of the lot or parcel of land. Building area shall include all primary and accessory buildings and structures. Hardscape area shall include all garages, driveways, required parking and solid waste storage areas. The planning commission may approve additional parking above the thirty percent (30%) as a conditional use.


C. Facility Dispersal: No retirement or elderly care facility will be permitted within a one-fourth (1/4) mile (1,320 feet) radius of another elderly housing facility.


D. Parking: Except as provided below, parking must conform to chapter 18 of this title:

1. Parking shall be allowed in increased front yard setback area.


E. Signs: One freestanding sign, under five feet (5') in height and less than one hundred (100) square feet, will be permitted. Signs must meet all requirements of chapter 19 of this title as to location.


F. Trash Collection Areas: Trash collection areas must be screened by a view obscuring wall or fence. No trash collection areas will be located within the required yard setback.


G. Landscaping: See section 10-14-15 of this title. (Ord. 2004-19, 8-17-2004)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=27876#s760688
10-15-46: CHECK CASHING AGENCIES AND SIMILAR DEFERRED DEPOSIT LOAN BUSINESSES: linklink


A. All applicants must adhere to the following regulations when applying for these types of businesses:

1. Check cashing agencies or other similar deferred deposit loan businesses shall be no closer than a one mile driving distance between store locations.

2. If allowed in a certain zone, all check cashing agencies and other similar businesses must obtain conditional use permit approval prior to the issuance of a business license.

3. Check cashing agencies and other similar deferred deposit loan businesses are prohibited from all zones, except for the C-S/commercial sales and CS-2/commercial sales-2 zones. (Ord. 2007-34, 9-4-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=27876#s760689
10-15-47: ACCESSORY APARTMENTS: linklink


A. Definition Of Accessory Apartment: A subordinate dwelling, which has its own eating, sleeping, and sanitation facilities which is: 1) within or attached to a single-family residential building, or 2) within a detached accessory structure associated with a single-family dwelling.


B. Purpose And Intent: The purpose and intent of this section is to recognize the residential character of Pleasant Grove City and to provide for supplementary living accommodations in the community, as well as provide for supplementary income opportunities of property owners. These provisions are intended to provide for affordable housing with reasonable limitations to minimize the impact on neighboring properties and neighborhoods, and to promote the health, safety, and welfare of the property owners and residents of accessory apartments.


C. Owner Occupied: No accessory apartment shall be created, established, or occupied in a single-family dwelling unless the owner of the property occupies either a portion of the main dwelling or a detached accessory unit on the same single-family lot. For the purpose of this section, the term "owner occupied" shall be defined as full time residency within the home by the bona fide property owner(s) as shown on the Utah County tax assessment rolls.


D. Apartment Occupancy: The occupants of an accessory apartment shall be limited by one of the following family categories:

1. One person living alone; or

2. Two (2) or more persons all related by blood, by marriage, by adoption; by legal guardianship or foster children; or

3. Up to four (4) related and/or unrelated persons living as a single housekeeping unit.

4. Any of the above categories plus a temporary guest. A "temporary guest" is defined as a person who stays with a family for a period of less than thirty (30) days within any rolling one year period and does not utilize the dwelling as a legal address for any purpose.

5. For purposes of the definition of family, the term "related" shall mean a spouse, parent, child, stepchild, grandparent, grandchild, brother, sister, uncle, aunt, nephew, niece, first cousins, great-grandparent, and great-grandchild. The term "related" does not include other, more distant relationships.


E. Zones: An accessory apartment which meets ordinance requirements may be allowed in a single-family dwelling unit or in a detached accessory unit within the A-1, R-R, R-1, RM-7, DV and the grove mixed housing zones. No accessory apartment may be allowed in any multi-family dwelling, or on any lot that cannot satisfy the parking requirements.


F. Number Of Accessory Apartments: A maximum of one accessory apartment shall be allowed in each owner occupied single-family dwelling, or in a detached accessory unit associated with a single-family dwelling.


G. Location: Accessory apartments may be allowed within the main residential dwelling over the garage, in the basement, and in an addition, or in a detached accessory unit, as long as the zoning requirements for properties in a single-family neighborhood are met.


H. Building Entrances: A new single-family structure approved with an accessory apartment attached to or detached from the main dwelling unit, shall have a separate, accessible entrance or stairway. An accessory apartment approved in an existing structure shall use existing entrances on any side of the structure that faces a street, or a side or rear entrance. Dwellings with two (2) front doors side by side may not be used to provide separate entrances for each unit with the exception of dwellings where the second door provides direct access to the dwelling basement. The purpose of this requirement is to preserve the single-family residential appearance of the building.


I. Address: The principal dwelling unit and the accessory apartment shall have the same address number, but shall refer to the accessory apartment as unit B. Addresses must be located in a visible location on the street frontage side of the home. (Ord. 2016-5, 2-2-2016)


J. Parking: A single-family dwelling with an accessory apartment shall provide at least four (4) off street parking spaces for the main dwelling unit, and two (2) off street parking spaces for the accessory unit, for a minimum total of six (6) off street parking spaces. This shall include covered parking, garages and tandem parking in driveways. No parking spaces may be located within the front or side yard setbacks adjacent to a street, except for within an approved driveway. The minimum width of parking areas and driveways shall be paved with concrete or asphalt, except that space used for the accessory unit parking that is not directly connected to the street may be surfaced with masonry, concrete pavers, or as approved by the city engineer, compacted materials such as slag or crushed granite with a four inch (4") minimum thickness placed in accordance with the American Public Works Association standard specifications. This would include only those materials which compact well and do not have small, fine particles that could potentially be tracked into the city right of way. Surface pavement materials must cover the entire area of all driveways and parking spaces. Any tracking that does occur will be the responsibility of the property owner to clean up and maintain including cleaning of storm drain facilities if necessary. (Ord. 2016-24, 10-18-2016)


K. Separate Living Areas: An accessory apartment must provide living areas for eating, sleeping and sanitation facilities separate from the principal dwelling unit.


L. Building Code: All construction and remodeling shall comply with building codes and ordinance requirements in effect at the time of construction or remodeling, in accordance with Utah state code section 10-9a-511.5, changes to dwellings - egress windows.


M. Utility Meters: A single-family dwelling with an accessory apartment may have separate meters for each water, gas, and electricity utility service. Each utility meter shall be in the property owner's name and the property owner shall be responsible for payment of all utilities. (Ord. 2016-5, 2-2-2016)


N. Interior Access: An interior access between the main living area and an attached accessory apartment must be maintained, unless sufficient means of egress have been determined during an inspection by the fire department. (Ord. 2017-10, 2-21-2017)


O. Not Intended For Sale: The accessory apartment shall not be intended for sale or detached by deed and shall only be rented. (Ord. 2016-5, 2-2-2016)


P. Accessory Apartment Registration: Any person owning an existing accessory apartment that has not previously been permitted by the city, or any person constructing or causing the construction of a residence that has an accessory apartment, or any person remodeling or causing the remodeling of a residence for an accessory apartment, shall register the accessory apartment with the community development department. This shall be in addition to a building permit for the work to be performed. In order to meet the requirements of the registration, the applicant shall:

1. Submit a fee of twenty five dollars ($25.00) with a completed registration form including a site plan 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 with labels on rooms indicating uses or proposed uses,

3. Pay building permit fees, if applicable, for the construction of a new dwelling, or the remodeling of an existing dwelling, in accordance with the established fees and charges,

4. Make all corrections identified as necessary to comply with building code requirements, as identified by the chief building official or his designee, and provide photos of the life safety items required by building code, including carbon monoxide detectors, smoke detectors, and earthquake strapping on water heaters, and

5. Demonstrate and affirm that their property is otherwise in compliance with all other provisions of the zoning ordinance. (Ord. 2017-2, 1-17-2017)


Q. Failure To Complete Registration: If the property owner does not complete the registration as outlined above, the accessory apartment shall not be considered legal or approved. Failure to complete the registration of an existing accessory apartment within two (2) years of the passing of this section may result in a fine of five hundred dollars ($500.00) which may result in a lien on the property. After the fine is assessed, the building official or his designee shall determine an appropriate deadline for compliance. An additional fine may be assessed for each deadline that is not met.


R. Home Occupation Businesses: Home occupation businesses which may be approved in an accessory apartment shall be restricted to a home office use which creates no customer traffic. No home occupation business shall be established within an accessory apartment without the express written permission of the property owner. (Ord. 2016-5, 2-2-2016)


S. Tiny Homes:

1. Only one tiny home shall be permitted as an accessory apartment per residential lot.

2. The tiny home shall be permanently connected to and approved for all required utilities.

3. The tiny home dwelling structure must be attached to a site built permanent foundation which meets the building code. The type of foundation could be a slab on grade or a perimeter foundation.

4. Building inspections are required for construction of the foundation, as well as to ensure the correct installation of the structure, and to approve the correct connection to the utilities.

5. All manufactured home running gear, tongues, axles and wheels must be removed at the time of installation.

6. The dwelling structure shall be constructed with materials that are weather resistant and aesthetically consistent with the main dwelling.

7. The community development director may approve deviations from the architectural standards on the basis of a finding that the architectural style proposed provides compensation design features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity.

8. The parking shall be the same as subsection J of this section. (Ord. 2016-23, 10-18-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=27876#s1100691
10-15-48: MOBILE FOOD TRUCKS: linklink


A. Purpose: The purpose of this section is to provide clear and concise regulations for the use and operation of mobile food trucks to prevent hazards to safety, traffic or health, as well as to preserve the peace, safety and welfare of the community.

1. Definitions:

FOOD TRUCK: Means a fully encased food service establishment:

a. On a motor vehicle or on a trailer that a motor vehicle pulls to transport; and

b. From which a food truck vendor, standing within the frame of the vehicle, prepares, cooks, sells, or serves food or beverages for immediate human consumption.

"Food truck" does not include a food cart or an ice cream truck.

HEALTH DEPARTMENT FOOD TRUCK PERMIT: Means a document that a local Health Department issues to authorize a person to operate a food truck within the jurisdiction of the local Health Department.

2. License Required: No person or entity shall operate a food truck business within Pleasant Grove City without obtaining and holding a current business license from Pleasant Grove City or any political subdivision in the State of Utah.

3. Vending On Private Property; Nonresidential: Mobile food businesses are allowed to vend on private property in nonresidential zones with prior consent from the private property owner in the form of a property owner's affidavit.

4. Operating On City Owned Streets; Nonresidential: Mobile food businesses are allowed to operate on all City owned and operated streets within nonresidential zones, in compliance with the regulations in this section, with the following exception:

a. Mobile food businesses are allowed to park at or next to a City park only with authorization from the Pleasant Grove Parks and Recreation Director.

5. Conditions And Requirements; Public Right-Of-Way: Mobile food businesses offering food within the public right-of-way shall abide by the following conditions and requirements. Failure to comply may result in the suspension or revocation of a business license:

a. All business activity related to mobile food businesses on the public right-of-way shall be of a transient nature. The duration of the business activity shall not extend for more than twelve (12) hours within a twenty four (24) hour period at any one location, nor three (3) consecutive days within a seven (7) day period in the same location on public property.

b. All vehicles must be removed from the public right-of-way at the close of each business day.

c. Mobile food businesses shall obey all parking and traffic regulations of this Code.

d. Parking on a park strip or otherwise landscaped area is not allowed.

e. Mobile food businesses utilizing parking space within the public right-of-way shall park only in parallel parking spaces. Mobile food businesses must be parked so that neither the vehicle nor the customers interfere with public access to adjacent parking stalls, to driveways or to entrances of existing buildings or uses. In cases where no parallel parking exists, the mobile food business cannot occupy more than two (2) parking stalls in the public right-of-way.

f. The operator shall locate the vending window facing the adjacent sidewalk.

g. No mobile food business shall occupy required parking stalls of the primary use.

h. Mobile food businesses shall ensure that the use of the public right-of-way, including the sidewalk, in no way interferes with or limits sidewalk users' free and unobstructed passage.

i. No sales shall be made to any person standing in a roadway unless the roadway has been closed to vehicular traffic for a public event.

6. Conditions And Requirements; Private Property: Mobile food businesses offering food on private property shall abide by the following conditions and requirements. Failure to comply may result in the suspension or revocation of a business license:

a. The duration of the transient business activity shall not extend for more than twelve (12) hours within a twenty four (24) hour period at any one location, nor three (3) consecutive days within a seven (7) day period in the same lot or parcel.

b. All vehicles must be removed from the premises at the close of each business day.

c. In the case that a mobile food business requests to be permanently established on a site, the applicant shall comply with the following requirements:

(1) Submit an application and obtain approval for a minor site plan amendment.

(A) If the site plan does not include the installation of all site improvements (asphalt, utilities, landscape, etc.), including street improvements (curb, gutter, sidewalk, etc.), the applicant may enter an experimental period of up to three hundred sixty five (365) days. At the end of the experimental period, the applicant shall either complete all site and street improvements required for permanent brick and mortar restaurants or use the site as a transient site for the mobile food business complying with the regulations established in subsections A6a and A6b of this section. Only one experimental period shall be allowed per lot or parcel and at its completion, no other experimental period of up to three hundred sixty five (365) days, from the same or different applicant, shall be allowed on the same property.

(2) Obtain a building permit for the installation of electricity to the site.

7. Design And Operation Requirements: Mobile food businesses shall comply with the following design and operation requirements.

a. Mobile food businesses shall be designed and operated in a manner so as to meet all applicable Utah County Health Department and Timpanogos Special Service District requirements related to the handling and distribution of food as well as the disposal of residues and garbage.

b. All garbage or other refuse generated from mobile food businesses shall be disposed of properly. It is illegal to discharge or dispose of any substance, material, food, or waste into the storm drain system.

c. Mobile food businesses shall not have or operate as a drive-through.

d. All grounds utilized by mobile food businesses shall at all times be maintained in a clean and attractive condition. Trash containers shall be provided for use of the business patrons. If mobile food businesses operate on or adjacent to a public right-of-way, the vendor shall be responsible for cleaning up litter dropped or discarded onto the public right-of-way prior to leaving the location.

e. Mobile food businesses shall be kept in good operating condition, and no peeling paint or rust shall be visible on business vehicles.

f. Licensees/owners will ensure their business vehicles are at all times in compliance with all applicable laws or ordinances regulating motor vehicles.

g. Any auxiliary power required for the operation of the mobile food truck shall be self-contained. No use of public or private power sources are allowed without providing written consent from the owner. A building permit shall be required for any temporary electrical connection.

8. Signs: No signs shall be used to advertise the conduct of the mobile business at the premises other than those which are physically attached to the vehicle, except that one (1) two foot (2') by three foot (3') menu board may be placed nearby to display the menu.

9. Failure To Comply: Failure to comply with the requirements of this section shall be grounds for denial, suspension or revocation of a business license issued by Pleasant Grove City and the immediate suspension of operation activities for food trucks licensed under a different jurisdiction. (Ord. 2018-3, 1-16-2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=27876#s1238718


Footnotes - Click any footnote link to go back to its reference.
Footnote 1: See also section 3-13-7 of this code.
Footnote 2: See also subsection 5-2B-1D of this code.
Footnote 3: See also chapter 18 of this title.