17-7-1.10 Conditional use standards of review

17-7-1.10 Conditional use standards of review.

The city shall not issue a conditional use permit unless the community and economic development department, in the case of an administrative conditional use, or the planning commission, for all other conditional uses, concludes that the application fully mitigates all identified adverse impacts and complies with the following general standards applicable to all conditional uses, as well as the specific standards for the use.

A. General Review Criteria. An applicant for a conditional use in the zone must demonstrate:

1. The application complies with all applicable provisions of this title, state and federal law;

2. The structures associated with the use are compatible with surrounding structures in terms of use, scale, mass and circulation;

3. The use is not detrimental to the public health, safety and welfare;

4. The use is consistent with the general plan, as amended;

5. Traffic conditions are not adversely affected by the proposed use including the existence of or need for dedicated turn lanes, pedestrian access, and capacity of the existing streets;

6. Sufficient utility capacity;

7. Sufficient emergency vehicle access;

8. Location and design of off-street parking as well as compliance with off-street parking standards provided for in Section 17-7-1.7;

9. Fencing, screening, and landscaping to separate the use from adjoining uses and mitigate the potential for conflict in uses;

10. Compatibility of the proposed mass, bulk, design, orientation, and location of the structures on the site, including compatibility with buildings on adjoining lots and to the street;

11. Exterior lighting that complies with the lighting standards of the zone and is designed to minimize conflict and light trespass with surrounding uses; and

12. Within and adjoining the site, impacts on the aquifer, slope retention, and flood potential have been fully mitigated and the proposed structure is appropriate to the topography of the site.

B. Specific Review Criteria for Certain Conditional Uses. In addition to the foregoing, the community and economic development department and planning commission must evaluate the applicant’s compliance with each of the following criteria when considering whether to approve, deny or condition an application for each of the following conditional uses:

a. Child Care Facility/Center. Each application for a child care facility or center must include:

i. City business license application, to be finalized upon approval;

ii. Compliance with state, federal and local law;

iii. A design which precludes a front yard playground and signage in excess of a two-square-foot nameplate; and

iv. A delivery, traffic and parking plan which adequately mitigates the adverse impacts of increased traffic generation on the neighborhood in which it is located.

b. Assisted Living/Senior Housing/Congregate Care. Each application for an assisted living, senior housing or congregate care use must comply with the following:

i. The maximum number of residents shall be:

(A) Eight for structures fronting on public streets smaller than collector streets; and

(B) Sixteen for structures fronting on public streets considered collector streets or larger.

ii. A complete application shall include:

(A) Proof of state license for assisted living, senior housing, congregate care, or its equivalent;

(B) A design, residential in character and architecturally compatible with the neighborhood, which adequately screens the use from neighboring lots and complies with Utah Department of Health standards;

(D) A sign plan which includes no more than two square feet of signage for facilities on public streets smaller than collector streets, and monument signs not to exceed thirty-two square feet for facilities on public streets considered collector streets or larger; and

(E) A delivery, traffic and parking plan which adequately mitigates the adverse impacts of increased traffic generation on the neighborhood in which it is located. The parking plan should propose parking appropriate to the proposed use of the facility, which plan may propose parking below the standards listed in Section 17-7-1.7.

c. Reserved.

d. Neighborhood Commercial-1 (NC-1). Each application for a neighborhood commercial use shall demonstrate that the proposed use:

i. Is pedestrian oriented and shall primarily serve the surrounding neighborhoods in the area in which it is located;

ii. Is located on a lot at the intersection of two surface streets, each with a minimum right-of-way width of fifty feet;

iii. Is limited in size to a maximum footprint of one thousand five hundred square feet;

iv. Has a maximum of four on-site parking spaces that shall be located in the rear of the building;

v. No more than three materials shall be used for the primary wall surfaces on a building. Exterior finishes shall be of traditional, time- and weather-tested techniques and shall not include architectural metal or concrete except as accents to the building that consist of less than twenty-five percent of any elevation. The bottom one-third of the ground floor must consist of a base material such as rock or brick. Window area shall not exceed sixty percent of any front elevation or forty percent of any other elevation. Without limiting the use of color, exterior walls shall be subdued in color and not reflective. Intense colors should be used as accent only. All the roofs and dormer roofs of a building shall be constructed of the same material. Slopes of roofs shall be of equal pitch if a gable or hip roof is employed. All metal roofs must be of a subdued color. Painted roof shingles are prohibited. Retaining walls shall be of materials complementary to the building’s materials;

vi. Shall operate no earlier than seven a.m. and no later than nine p.m.;

vii. Includes neither outdoor storage nor an outdoor display of merchandise, but may include outdoor dining. External signage shall not exceed fifteen percent on the front of the building and five percent on two other elevations. A neighborhood commercial use shall include no outdoor storage beyond a small, fully screened trash area. Window signage may not exceed twenty-five percent of the window area;

viii. Includes a delivery plan which adequately mitigates its impact on the residential neighborhood in which it is located;

ix. Screens light trespass to adequately mitigate lighting impacts on surrounding uses;

x. Does not require a lot combination or consolidation of existing platted lots; and

xi. Includes the owner’s covenant to comply with all of the requirements of the NC-1 use as located herein, which covenant shall run with the conditional use permit.

e. Neighborhood Commercial-2 (NC-2). Each application for a neighborhood commercial use shall demonstrate that the proposed use:

i. Is located on Union Park Road or Husky Highway at an intersection with a public road with a right-of-way width of at least fifty feet.

ii. Is pedestrian oriented and shall serve the immediate neighborhood in which it is located and provide specialized goods and services to a wider trade area.

iii. Has the following building setbacks measured from the property lines: front yard setback/build-to lines no more than fifteen feet; minimum eight-foot side yard setbacks. Corner lots have two front yards, two side yards, and no rear yard.

iv. Has the main building entrance on the elevation that faces the street with the highest traffic flows or on the corner.

v. Provides a buffer for adjacent residential uses with one of the following:

(A) Landscaped Buffer Area. A landscape buffer area must be a minimum of thirty feet wide to provide adequate screening, buffering, and separation of these uses. The landscape treatment should use a combination of distance and low level screening to separate the uses to soften the visual impact of the commercial use. The thirty-foot buffer area may be shared between adjoining properties, upon adequate proof of reciprocal easements to preserve and maintain the buffer area. The landscaped buffer area shall include a minimum of one tree for every two hundred fifty square feet.

(B) Fully Sight-Obscuring Fence. The planning commission shall require complete visual separation from residential uses if it determines that complete screening is necessary to protect abutting uses, and landscaping is not practical. Such fence must be six feet high and completely sight-obscuring. Fences may be of wood, metal, bricks, masonry or other permanent materials.

vi. May not exceed a total of five thousand square feet of gross leasable area, while individual interior spaces are limited in size to three thousand square feet of retail space, two thousand five hundred square feet of storage area, and one thousand square feet of dining area.

vii. Has a minimum of three parking spaces per thousand square feet for retail and office uses, one space per thousand square feet of interior storage area and five spaces per thousand square feet of dining area, but does not exceed eight total parking spaces. Parking shall be located on the side of the building, shall be located behind a fifteen-foot landscaped setback from any street, and shall have perimeter landscaping of at least five feet in width.

viii. Is architecturally compatible with the SF-1 zone including a maximum height of twenty-eight feet to the midpoint for a sloping roof and twenty-five feet to the cornice for a flat roof. No more than three materials shall be used for the primary wall surfaces on a building. Exterior finish shall be of traditional, time- and weather-tested techniques and shall not include architectural metal or concrete except as accents to the building that consist of less than twenty-five percent of any elevation. The bottom one-third of the ground floor must consist of a base material such as rock or brick. Window area shall not exceed sixty percent of any front elevation or forty percent of any other elevation. Without limiting the use of color, exterior walls shall be subdued in color and not reflective. Intense colors should be used as accent only. All the roofs and dormer roofs of a building shall be constructed of the same material. Slopes of roofs shall be of equal pitch if a gable or hip roof is employed. All metal roofs must be of a subdued color. Painted roof shingles are prohibited. Retaining walls and fences shall be of materials complementary to the building’s materials.

ix. Shall operate no earlier than seven a.m. and no later than nine p.m.

x. Includes no outdoor storage nor outdoor display of merchandise, but may include minimal outdoor dining. An outdoor dining use shall comply with the criteria found in Section 17-7-12.9(B)(2)(b)(i) through (v).

xi. Trash collection and recycling areas, service areas, and mechanical equipment shall be screened on all sides so that no portion of such areas is visible from public streets and adjacent properties. Required screening may include new and existing plantings, walls, fences, screen panels, doors, topographic changes, horizontal separation, or any combination thereof.

xii. External signage shall comply with Section 17-7-12.10 with the exception of monument, shopping center, temporary mobile changeable copy signs, temporary balloon sign/inflated sign displays and temporary pennant/streamer signs being prohibited.

xiii. Includes a delivery plan which adequately mitigates its impact on the residential neighborhood in which it is located.

xiv. A neighborhood commercial use may not include second story commercial use but may include vertical mixed use to include residential on the second floor.

xv. Screens light trespass to adequately mitigate lighting impacts on surrounding uses as demonstrated by a photometric lighting plan. Exterior lighting may not exceed a height of fifteen feet (either pole- or wall-mounted fixtures), shall utilize not more than a one hundred fifty watt high-pressure sodium light source with a maximum average footcandle of one in the parking area.

xvi. Driveways and parking areas shall comply with the standards in Section 17-7-12.7.

xvii. Landscaping shall comply with the standards in Section 17-7-12.6, with the exception of subsections (A)(1) and (A)(11).

xviii. Includes the owner’s covenant to comply with all of the requirements of the NC-2 use as located herein, which covenant shall run with the conditional use permit.

f. Flag Lots. Each application for new subdivision of a flag lot, or for new development on a flag lot shall demonstrate that the application complies with the following criteria:

i. Lot Area. The minimum area of the banner portion of the proposed flag lot is seven thousand square feet and the minimum area of the remaining frontage lot is seven thousand square feet;

ii. Lot Width and Depth. The minimum banner portion width and depth is seventy-five feet. The minimum lot width and depth of the frontage lot complies with all lot standards for the zone;

iii. Setbacks. Setbacks for new development on a flag lot are fifteen feet for each of the front, side and rear yards. New development on a flag lot is entitled to the same yard exceptions as a frontage lot, with the rear yard lot line of the frontage lot serving as the front yard lot line for the banner portion of the flag lot;

iv. Height. The maximum proposed height for a structure is twenty-five feet;

v. Stories. A structure shall not exceed one story;

vi. Parking/Driveway Access. Each flag lot and each frontage lot shall provide two parking spaces on the side or rear yard of property. The driveway shall have a paved width of twenty feet;

vii. Fire Department Access and Water Supply. Each dwelling must adhere to the Fire Code; and

viii. Utilities. Both the flag lot dwelling and the frontage lot dwelling must be serviced by a public water and sewer system.

g. Disabled Care Facility. Each application for a disabled care facility must comply with the following:

i. The structure shall gain access from public streets considered collector streets or larger.

ii. The maximum number of patients shall not exceed sixteen.

iii. The following individuals shall not be permitted in a residential setting:

(A) Persons currently using controlled substances or who are in the process of detoxification;

(B) Persons with a violent or predatory background, this includes those charged or convicted of murder or attempted murder, predatory sexual offenses, assault and battery, robbery, burglary or theft, concealed weapons, and any other crime involving violence or weapons.

iv. A complete application shall include:

(A) Proof of state license for a “Residential Treatment Program” from the Utah Department of Human Services Office of Licensing;

(B) A design, residential in character and architecturally compatible with the neighborhood, which adequately screens the use from neighboring lots;

(D) A covenant stating:

(1) Professional staff will be on-site at all times;

(2) A continual and accurate background record of all patients will be kept and made available to the city. Names of patients may be omitted from the record made available to the city for privacy and confidentiality;

(E) An outdoor lighting plan which adequately screens lighting to mitigate its impact on surrounding uses;

(F) A sign plan which may include a monument sign not to exceed thirty-two square feet or a name plate attached to the structure not to exceed two square feet; and

(G) A delivery, traffic and parking plan which adequately mitigates the adverse impacts of increased traffic generation on the neighborhood in which it is located. The parking plan should propose parking appropriate to the proposed use of the facility, which plan may propose parking below the standards listed in Section 17-7-1.7.

Table 17-7-1.10. Minimum Flag Lot and Development Standards
		Area	Width	Depth	Frontage	Setbacks	Build-To Line	Height
FLAG	Standard for Banner Portion	7,000 s.f.	75’	75’	20’	Front: 15’ Side: 15’ Rear: 15’	N/A	25’ to mid-point
FLAG	Exceptions	No	No		No	Projections: ≤ 2½’ Front: 5’ paved walk Front/Side: 20’ paved drive Side/Rear: Stairs and balconies ≤ 3’	N/A	No

a. Reserved.

b. Gated Communities. Each application for a gated community must comply with the following:

i. An application for a gated community must demonstrate adequate provision for perpetual access of life safety equipment and personnel.

ii. The minimum width of a one-way access is fifteen feet.

iii. Proposed gate works must include access technology installed and maintained to the reasonable satisfaction of the fire marshal.

iv. Gates shall be located so as to allow appropriate stacking depth for vehicles entering the community so as to not impede vehicular and pedestrian traffic.

v. Gates and fencing associated with a gated community shall reflect the character of the community through appropriate design, materials and colors.

vi. Perimeter fencing for a gated community may include fences up to seven feet in height within the front yard setback provided this fencing complies with the following:

(A) Higher fencing is required for security;

(B) Fencing is constructed of nonobscuring open materials, such as wrought iron, picket with gaps no less than the width of the slat, etc.;

(C) Fencing is integrated into the gated community landscape and entry features, and does not restrict the maintenance of the property; and

(D) Fencing does not impede the use of sidewalks and driveways outside the gated community property.

c. Swimming Pool. Each application for a swimming pool shall include a fence designed to exclude unattended children.

d. Personal Athletic Facility. Each application for a personal athletic facility shall include a screening plan, which effectively screens the use from adjacent residences.

e. Telecommunications Facility. This subsection applies to both commercial and private low-power radio services and facilities, such as “cellular” or “PCS” (personal communications system) communications and paging systems. Each application for a telecommunications facility shall comply with the following:

i. Wall-Mounted Antenna. Two types of wall-mounted antennas are allowed: stealth-mounted and non-stealth-mounted. Antennas mounted directly on existing parapet walls, penthouses, or mechanical equipment rooms are considered a wall-mounted antenna if no portion of the antenna extends above the roofline of the building or extends no more than four feet horizontally from the face of the building. Whip antennas are not allowed on a wall-mounted antenna structure. Antennas, equipment, and the supporting structures shall be selected to achieve the architectural compatibility with the host structure to which they are attached.

(A) Stealth facilities shall be designed to substantially conceal and camouflage the antennas and associated equipment.

(1) The planning commission shall review and may grant approval for any new antenna(s) that require construction of a new screening wall. New screening wall(s) shall be in harmony with the structure’s mass, architectural features, and overall aesthetics. Architectural and structural renderings, three-dimensional representation, line-of-sight diagrams, photo simulations, and/or building elevations of the proposed modifications may be required to effectively demonstrate the requested changes meeting the intent of this chapter.

(2) Area Limitations for Stealth Wall-Mounted Antennas. The total area for all stealth wall-mounted antennas and supporting structures combined shall not exceed five percent of any exterior wall of the building. Stealth wall-mounted antennas may occupy a maximum of four walls. The total calculated area is the sum of each individual antenna and the visible portion of the supporting structure as viewed when looking directly at the face of the building.

(B) Non-stealth facilities shall only be considered in locations in which adverse visual impacts are not a substantial concern due to the location of the facility, the nature of the surrounding land uses, and is not visible from public vantage points.

(1) Area Limitations for Non-Stealth Wall-Mounted Antennas. The total area for all non-stealth wall-mounted antennas and supporting structures combined shall not exceed forty square feet for each exterior wall of the building or a total of one hundred sixty square feet per building. The total calculated area is the sum of each individual antenna and the visible portion of the supporting structure as viewed when looking directly at the face of the building.

ii. Roof-Mounted Antenna. Two types of roof-mounted antennas are allowed: stealth-mounted and non-stealth-mounted. Antennas, equipment, and the supporting structures shall be selected to achieve the architectural compatibility with the host structure to which they are attached. Roof-mounted antennas are an allowed use only on a flat roof and shall be screened, constructed and painted to match the structure to which they are attached. The planning commission shall review and may grant approval to place roof-mounted stealth antennas on a pitched roof if the antenna(s) are compatible with the existing structure. Roof-mounted antennas may be mounted on existing penthouses or mechanical equipment rooms if the antennas and antenna support structures are enclosed or visually screened from view.

(A) Stealth facilities shall be designed to substantially conceal and camouflage the antennas and associated equipment.

(1) Antennas shall be mounted at least five feet behind any parapet wall or from the exterior wall of the building. The maximum height of an antenna mounted between five and ten feet behind a parapet or exterior wall shall be directly proportional to the setback distance, and may not exceed a height of ten feet above the top of the parapet wall or roof line of the building.

(2) The planning commission shall review and may grant approval for any new antenna(s) that require construction of a new screening wall. New screening wall(s) shall be in harmony with the structure’s mass, architectural features, and overall aesthetics. Architectural and structural renderings, three-dimensional representation, line-of-sight diagrams, photo simulations, and/or building elevations of the proposed modifications may be required to effectively demonstrate the requested changes meeting the intent of this chapter.

(B) Non-stealth facilities shall only be considered in locations in which adverse visual impacts are not a substantial concern due to the location of the facility and the nature of the surrounding land uses.

iii. Power Lines. All power lines on the lot leading to the accessory building and antenna structure of the telecommunications facility shall be installed underground.

iv. Monopole. A conditional use permit for a monopole may be granted in a residential zone district only if the planning commission finds that:

(A) The monopole antenna does not exceed thirty-five feet in height;

(B) Monopole with antennas and antennas support structure does not exceed two feet in width;

(C) The antenna tower will be placed on a parcel, which is not occupied by a residential use, such as a school, church, or other nonresidential use, which is otherwise legally located in that residential zone;

(D) The antenna tower will be located no closer than two hundred feet from the nearest residential structure; and

(E) The monopole will be disguised as, or otherwise integrated with, a light pole or similar utility structure located on the parcel to minimize and mitigate the visual impact of the antenna. Monopoles shall be fenced with a six-foot chain-link fence and the climbing pegs removed from the lower twenty feet of the monopole. In circumstances where the accessory building and fence may be viewable from any public road or public space, the planning commission may require alternative building and fencing materials such as masonry, wrought iron or chain link with colored vinyl coating, depending on the location.

(F) No monopole or lattice tower may be located within one thousand feet of another monopole or lattice tower unless it is for the bona fide public services of a public transit district as defined in Section 17A-2-1001 et seq. of the Utah Code Annotated and as certified by said public transit district.

v. Review Criteria. Each applicant for a telecommunications facility must demonstrate:

(A) Compatibility of the proposed structure with the height and mass of existing adjacent buildings and utility structures;

(B) Whether co-location of the antenna on other existing structures in the same vicinity such as other towers, buildings, utility poles and similar structures is possible without significantly affecting antenna transmission or reception;

(C) The location of the antenna in relation to existing vegetation, topography and buildings to optimize visual screening;

(D) Whether the spacing between monopoles creates detrimental impact upon adjacent properties;

(E) The location of the pole in relation to noteworthy structures, landmarks and pedestrian or automotive transportation view corridors;

(F) Location and zoning compliance of accessory buildings associated with the telecommunications facility;

(G) Monopole. A conditional use permit for a monopole may be granted in a residential zone district only if the planning commission finds that:

(1) The monopole antenna does not exceed thirty-five feet in height;

(2) Monopole with antennas and antennas support structure does not exceed two feet in width;

(3) The antenna tower will be placed on a parcel, which is not occupied by a residential use, such as a school, church, or other nonresidential use, which is otherwise legally located in that residential zone;

(4) The antenna tower will be located no closer than two hundred feet from the nearest residential structure; and

(5) The monopole will be disguised as, or otherwise integrated with, a light pole or similar utility structure located on the parcel to minimize and mitigate the visual impact of the antenna. Monopoles shall be fenced with a six-foot chain-link fence and the climbing pegs removed from the lower twenty feet of the monopole. In circumstances where the accessory building and fence may be viewable from any public road or public space, the planning commission may require alternative building and fencing materials such as masonry, wrought iron or chain link with colored vinyl coating, depending on the location.

(6) No monopole or lattice tower may be located within one thousand feet of another monopole or lattice tower unless it is for the bona fide public services of a public transit district as defined in Section 17A-2-1001 et seq. of the Utah Code Annotated and as certified by said public transit district.

vi. Co-Location. Co-location is both permitted and encouraged if all setbacks, design and landscape requirements are met for each telecommunications facility. The application shall include any existing or approved, but unbuilt, telecommunications facility within the telecommunications area that may meet the needs of the applicant. The documentation supplied shall evaluate the following factors:

(A) Structural capacity of the antenna towers;

(B) Geographic telecommunications area requirements;

(D) Inability or ability to locate equipment on existing antenna towers; and

(E) Any restriction or limitation of the Federal Communications Commission that would preclude the shared use of the antenna tower.

vii. Classification/Installation. Low-power radio services facilities are characterized by the type or location of the antenna structure.

viii. Temporary Antenna for Use During Drive Tests. Telecommunications companies wishing to perform drive tests shall submit notice to the planning department stating the location and the date of the proposed test. Antennas in use for a drive test shall not be left standing for a period of greater than two days. Drive tests shall be limited to testing functions only and shall not be used for telecommunication services to customers. Drive tests on city property require planning department approval and execution of the city’s test-drive agreement.

f. Private Kennel. Each application for a private kennel shall include:

i. Proof of current vaccination for all animals;

ii. Proof of current pet licenses with the city for those animals required to be licensed;

iii. If dogs, a site plan indicating the area in which they are kept is surrounded by a six-foot high fence;

iv. No validated complaints or violations concerning animals (unlicensed pets, excessive noise, bites, stray) have been recorded against the applicant by the city.

g. Temporary Dwellings. The purpose of this subsection is to allow existing permanent dwellings to be occupied temporarily by the property owner while a new permanent dwelling is under construction on the same property. Because the need is transitory, the approval of temporary dwellings does not constitute a long-term land use commitment that conflicts with the comprehensive plan and implementing ordinances. Nothing in this subsection is intended to allow the use of mobile/modular homes, travel trailers/RVs, or any other living accommodation as a temporary dwelling. Temporary dwellings shall be regulated as follows:

i. Every temporary dwelling authorized in accordance with this section shall meet the following minimum criteria:

(A) A temporary dwelling permit application and other submittals required for conditional use permits must be submitted for approval. A demolition bid for the existing structure from a qualified demolition contractor must be submitted with the application;

(B) Prior to approval of a temporary dwelling, a performance bond must be in place that guarantees the demolition of the existing structure in the amount of twenty-five thousand dollars (in 2006 dollars adjusted for inflation) or the bid amount plus ten percent, whichever is greater;

(C) The applicant must submit an agreement, on a form supplied by the city, signed by the property owner, that provides the city with the authority to demolish the temporary structure if the property owner has not demolished it within thirty days of the final inspection and work on the new home having been completed. The agreement shall also give the city permission, at its sole discretion, to abate and/or demolish any structure permitted by this subsection that continues beyond the term of the temporary housing agreement and any renewals granted, including new construction. As part of the agreement the applicant will deliver to the city a properly executed quit claim deed to Midvale City that is ready to be recorded but will not be recorded unless the applicant defaults on any of the terms of this subsection or the agreement. The decision to record this document will be the sole discretion of the city;

(D) The temporary dwelling shall be maintained in a manner which will facilitate its removal upon expiration or termination of the permit;

(E) There shall be no more than one temporary dwelling per parcel nor shall more than one temporary dwelling permit be issued per parcel, per twenty-five years;

(F) No temporary structure shall be approved that is not occupied by the property owner;

(G) No construction shall be permitted that, even temporarily, violates the applicable building codes or land use ordinance, including required spacing between structures.

(A) Term. A temporary dwelling permit issued to an applicant shall be valid for one year or until the new permanent dwelling is completed, whichever occurs first. Temporary dwelling permits may be renewed only under the circumstances set forth below.

(B) Renewal. A request for renewal of a temporary dwelling permit issued shall be submitted at least thirty days prior to the expiration of the permit. A temporary dwelling permit may be renewed only once and for a term no longer than the term of the initial temporary dwelling permit.

(1) Any of the requirements of this chapter have not been satisfied;

(2) Any of the conditions attached to the permit have not been met; or

(3) The grounds for authorizing the permit no longer exist.

The temporary dwelling permit may be revoked after notice to the holder of the permit. If the permit holder has not demonstrated to the city within seven days of the mailing of such notice that no grounds for revocation exist, then the permit may be revoked and the matter referred to the code enforcement officer for appropriate action pursuant to municipal code.

(D) Expiration. Occupancy of a temporary dwelling shall cease immediately upon expiration of a temporary dwelling permit and within fourteen days after mailing, by certified mail, of notification of revocation. The temporary structure must be demolished within thirty days of expiration or revocation of the permit, or the city may commence demolition work in accordance with the signed agreement.

(E) Transferability. A permit issued under this subsection is not transferable except to future owners of the same property, who must sign an affidavit agreeing to use the permit only under the same terms, time frames, conditions, responsibilities, and agreements that the original permit holder agreed to.

(F) Certificates of Occupancy. No certificate of occupancy or temporary certificate of occupancy shall be granted for the new dwelling unit until the temporary dwelling unit and any debris, junk or refuse has been removed from the property to the satisfaction of the city.

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

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

(A) Lots with at least twelve thousand square feet: up to eight.

(B) Lots with at least ten thousand square feet: up to six.

(D) Lots with less than six thousand square feet: none.

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

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

(A) The coop shall be covered, weatherproof, and well ventilated.

(B) The enclosure, including the coop, shall be predator-resistant.

(D) If chickens are not allowed to roam within an enclosure outside the coop, the coop shall have a minimum floor area of six square feet per chicken.

(E) The coop shall be structurally sound and located in a rear yard at least thirty feet from any neighboring residential structures and at least ten feet from the primary residential structure on the property. The coop shall also meet the minimum setback for accessory structures within this zoning district. The coop and enclosure shall be hidden from the public view through the use of opaque fencing materials, vegetative screening, or other means allowed within this part. Because a corner lot technically does not include a rear yard, the owner of a corner lot may choose one of the “side” yards to function as a rear yard for the purposes of keeping chickens and locating the coop.

(F) The coop and enclosure shall be maintained in a neat and sanitary condition and shall be cleaned as necessary to prevent any odor detectable at a property line. At a minimum the coop and enclosed area shall be cleaned weekly, although waste may be composted so long as the composting area meets the setback requirements that apply to the coop and prevent any odor detectable at the property line.

(G) No chicken shall be permitted to roam outside the coop or enclosure.

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

v. Water shall be available to the chickens at all times. A watering device that incorporates a water warming device shall be supplied, used and maintained.

vi. Chickens shall not be slaughtered on site.

i. Apiary. The purpose of this subsection is to establish certain requirements of sound beekeeping practices, which are intended to avoid problems that may otherwise be associated with the keeping of bees in populated areas.

i. No more than the following number of colonies may be kept on any tract within the city, based upon the size of the tract upon which the apiary is situated:

(A) Less than or equal to one-half acre in size: two colonies;

(B) More than one-half acre in size: five colonies.

ii. A site plan shall be submitted for review by the community development department addressing the following:

(A) Any colony situated within twenty-five feet of a public or private property line shall require the establishment of a flyway barrier at least six feet in height consisting of a solid wall, fence, dense vegetation or combination thereof as approved by the community development department. Said barrier shall be parallel to the property line extending ten feet beyond the colony in each direction, forcing a flight pattern elevation of at least six feet above grade.

(B) A water source shall be provided on the property and no nearer than twenty feet to the hive to avoid bees congregating on nearby properties in a search for water.

(C) A sign conspicuously posted setting forth the name and phone number or other identifying marks, such as a registration number, of the responsible beekeeper.

iii. In addition to the aforementioned conditions, the applicant shall ensure compliance at all times with the following conditions:

(A) All honey bee colonies shall be kept in Langstroth-type hives with removable frames, which shall be kept in sound and usable condition.

(B) All honey bee colonies shall be registered with the Utah Department of Agriculture and Consumer Services.

(C) Maintenance shall be such that no bee comb or other materials are left upon the grounds of the apiary site. Upon removal from the hive, all such materials shall promptly be disposed of in a sealed container or placed within a building or other bee-proof enclosure.

(D) All colonies shall be maintained with marked queens. The colony shall be promptly requeened if it exhibits unusual aggressive characteristics by stinging or attempting to sting without due provocation or swarming. Regardless of colony behavior, each colony shall be requeened on a yearly basis.

(E) Each Utah apiary shall meet all requirements and inspection schedules deemed necessary by the Utah Department of Agriculture and Consumer Services.

(F) Notwithstanding compliance with the various requirements of this subsection, it shall be unlawful for any beekeepers to keep any colony or colonies in such a manner or of such disposition as to cause any unhealthy condition, interfere with the normal use and enjoyment of human or animal life of others or interfere with the normal use and enjoyment of any public property or property of others.

Upon receipt of information that any colony situated within the city is not being kept in compliance with the conditions pursuant to the approved conditional use permit, an investigation and subsequent hearing before the city’s hearing officer per Chapter 8.05 and the appeal authority per Chapter 17-3 may result and may result in the revocation of the conditional use permit. (Ord. 2023-09 § 1 (Att. A); Ord. 2022-13 § 1 (Att. A); Ord. 2022-03A § 1 (Att. A); Ord. 2021-19 § 1 (Att. A); Ord. 2016-15 § 1 (Att. A (part)); Ord. 2016-01 § 1 (Att. A (part)); Ord. 2015-04 § 1 (Att. (part)); Ord. 7/6/2010O-5 § 1 (Att. A (part)); Ord. 9/22/2009O-15 § 1 (Att. A (part)); Ord. 6/16/2009O-10 § 2 (part); Ord. 7/11/2006O-10 § 1 (Exh. A (part)); Ord. 3/07/2006O-1 § 1 (part); Ord. 5/07/2002A § 1 (part); Ord. 2-5-2002 § 1 (part); Ord. 11-13-2001 § 2 (part). Formerly 17-7-1.11)