Henefer Utah

An ordinance establishing zones within Henefer Town, Utah; regulating and restricting within said zones the use, location, height, and size of buildings and structures, the use of land, the size of lots, yards and other open spaces; providing methods of administration and enforcement; providing penalties for the violation thereof; repealing all other ordinances and parts of ordinances in conflict herewith.

Be it ordained by the Henefer Town Council, Henefer, Utah:

This ordinance shall be known as, and shall be entitled THE PLANNING AND ZONING ORDINANCEF HENEFER TOWN, UTAH, and may be so cited and pleaded. It is the intent and purpose of the Town Council of Henefer Town, Utah to promote the health, safety, morals, convenience, order, prosperity, and general welfare of the present and future residents of the town by guiding the development in accordance with the Henefer Town General Plan which has been designed:

· To encourage and facilitate orderly growth and development in the town.

· To provide an organized, well-maintained, peaceful community.

· To enhance the historical and rural atmosphere of Henefer.

· To promote safety from fires, floods, traffic hazards, and other dangers.

· To promote sanitation and health of the residents.

· To discourage sprawl and irresponsible expansion of town infrastructure by allowing leap-frog development at tax payer expense.

· To stabilize and improve property values for all land owners, while maintaining appropriate and economical housing for current and future residents.

· To protect the residents from objectionable noise, odor, dust, fumes, and other deleterious substances or conditions.

· To promote a more attractive and wholesome environment.

1.02 Application

The regulations and restrictions as set forth in this Ordinance shall be so interpreted and applied as to further the purposes of this Ordinance.

1.03 Declaration

In establishing the zones, the boundaries thereof, and regulations and restrictions applying within each of the zones, due and careful consideration was given, among other things, to the suitability of the land for particular uses, and to the character of the zone, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the town.

1.04 Interpretation

In interpreting and applying this Ordinance, the provisions thereof shall be held to the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience, and general welfare. Except as specifically herein provided, it is not intended by the adoption of this Ordinance to repeal, abrogate, annul, or in any way impair or interfere with any existing provisions of law or ordinance, or any rules, regulations, or permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the erection, construction, establishment, moving, alteration or enlargement of any building or improvement; nor is it intended by this Ordinance to interfere with or abrogate or annul any easement, covenant, or other agreement between parties, provided, however, that in cases in which this Ordinance imposes a greater restriction than is imposed or required by other existing provisions of law or ordinance, then in such case the provisions of this Ordinance shall control.

1.05 Building Permit Requirements and Application

The adoption and enforcement of building codes serves the public interest by providing for the inspection of structures for structural stability, fire resistance, adequate ventilation and other safety and sanitary features. No development shall occur except pursuant to a validly issued, unexpired and unrevoked building permit and any other development permits required by this Title have previously been issued.

A.       Purpose: Activity to construct, alter or move a structure or any portion thereof which is 200 square feet or greater, or to make a change in use of any land within the Town of Henefer, shall not commence without first submitting an application and obtaining a permit from the Town Planner and Building Plans Examiner or other authorized officer provided, however, that permits for the moving of structures shall be granted only after complying with the requirements as set forth in the Ordinance.
              1. A permit shall also be required for the moving and/or improvement of moved-in homes, manufactured homes, and similar moveable structures, except that no permit shall be required for the moving of an approved mobile home into a mobile home park.
              2. If you are adding electrical and/or plumbing, then a building permit will need to be issued for that work.

B. Application: A complete application form for a Building Permit shall be made by the property owner or certified agent thereof and submitted to the Town of Henefer for review by the Building Plans Examiner and the Town Planner.

1. Fee: The application shall be accompanied by the appropriate fee established by resolution of the Town Council.

2. Submission Requirements:

a. The application shall be accompanied by one (2) sets of construction plans, two (2) site plans indicating the location and setbacks of the proposed structure, and other documents sufficient to meet the requirements of a building permit and sufficient information to demonstrate that the general and specific requirements of this Ordinance will be met by the construction of the building.

b. All applications for building permits shall be accompanied by plans which have been drawn to scale showing the actual dimensions of the lot to be built upon, the size and location of existing buildings, any water features (rivers, streams, ditches, wetlands, floodplains, etc), public and private easements, roads, and, as required, the location and layout of off-street parking, including the information described below:

i. Proposed setbacks of all new structures to the property lines.

v. All existing and proposed improvements.

All drainage ways, ditches, streams, 100-year floodplain and wetlands within 200' of any proposed structure, area of disturbance and driveway, even if located on an adjoining parcel/lot.

vii. The footprint of proposed structures. The footprint shall show roof ridge lines.

3. For all non-residential construction, a landscape plan shall be submitted showing how the premises will be landscaped.

4. A careful record of said application and plans shall be kept in the Town office for a period of five (5) years from the date of receipt thereof.

1.06 Review and Approval.

The Town Clerk will route the building and site plans to the Building Official and Town Planner for review as specified in this Chapter.

B. The Town of Henefer will only authorize the use, arrangement, and constructions set forth in such approved plans and application. Any use, arrangement, or construction at variance with that authorized shall be deemed to be a violation of this Ordinance.

Posting of Building Permit:A copy of the building permit shall be posted in a conspicuous place on the premises,out of the weather,and visible throughout the construction period until completion of all work authorized by the building permit.

1.07 Town Planner review of Building and Site Plans

The Town Planner shall review the building plans and site plan to ensure it is in accordance with all the provisions of this Planning and Zoning Ordinance, including, but not limited to lot of record status, setbacks, height, use, landscaping, and specific building provisions for development in sensitive lands outlined in Chapter 9.

Pursuant to this Ordinance,an applicant for a building permit may be required to submit a Low Impact Permit,a Conditional Use Permit with final site plan, or a recorded final subdivision plat, prior issuance of a building permit.
It shall be unlawful to use or occupy or permit the use or occupancy of any building or premise, or to change the occupancy of any building or premise until a Certificate of Zoning Compliance shall have been issued therefore by the Town Planner, stating that the proposed use of the building or land conforms to the requirements of this Ordinance. No non-conforming structure or use shall be changed or extended unless a Certificate of Zoning Compliance has been issued by the Town Planner. The Certificate of Zoning Compliance shall state specifically wherein the non-conforming use differs with the provisions of this Ordinance.

1.08 Fire District Review of Building Plans

All structures requiring a building permit must be reviewed in accordance with the International Fire Code as adopted by the State of Utah and by the North Summit Fire District prior to the issuance of the building permit.

Fire Protection facilities are to be installed prior to issuance of building permits.
In subdivisions, commercial and industrial parks, the installation of water systems and/or storage capacity for fire protection are required under the applicable ordinances of the Town of Henefer and the International Fire Code as adopted by the State of Utah. Building permits will not be issued until facilities serving the construction sites are completely installed and operational, or alternatively, upon approval of the North Summit Fire District, temporary facilities provided.

1.09 Water Required for Building Permit

A source of water must be provided prior to the issuance of a building permit for a dwelling unit or business. Water shares must be transferred to the Town in exchange for connection to the Town system in accordance with the current adopted fee resolution. Said transfer shall not negate any other connection fees or impact fees as adopted by the Town. If the use is to be served by an existing water system, the building permit application must be accompanied by a statement from the representative of the system indicating that the water hook-up will be allowed and that the system can deliver adequate quality, quantity, and pressure to the proposed use. In the event you are unable to obtain or do not have water shares a “fee-in-lieu-of” may be paid upon approval of Council..

If a private source of water is to be developed, the building permit application must be accompanied by evidence of water rights or ownership of the proposed source or supply, application numbers from filings with the State Division of Water Resources, and evidence that the source can be adequately isolated from all present and potential sources of pollution in accordance with State standards.

1.10 Powers and Duties of the Town Building Official and Building Inspector

A. The Building Official shall ensure the adequate review of the construction plan and site plan in accordance with all applicable federal, state, and local building, engineering, and public health and safety ordinances as outlined in this Chapter.

B. The building official shall be authorized to issue a building permit after review of the application for compliance with the appropriate development permit,all other applicable provisions of this Title and the International Building Code.

C. It shall be the duty of the Building Official and/or Building Inspector to inspect or cause to be inspected all buildings in the course of construction or repair and to enforce all of the provisions of this Ordinance, entering actions in the courts when necessary; and failure to do so shall not legalize any act in violation of such provision.

D. The Town Building Inspector shall review the construction and site plan throughout the building construction process in order confirm eligibility of a certificate of occupancy.

1.11. Expiration and Extension of Building Permit

A building permit shall automatically expire and become null and void if work authorized by such permit is not substantially commenced within one hundred eighty (180) days from the effective date of the permit, or if such work, when commenced, is suspended or abandoned at any time for a period of one hundred eighty (180) days.

Notwithstanding the provision of Subsection 1.11-A of this Section, if the work covered by the building permit has not commenced or has commenced and been suspended or abandoned, the building official may extend such permit for a period of one hundred eighty (180) days from the date extension is granted, provided an application for an extension is submitted prior to the expiration date of the initial permit, upon a showing by applicant that circumstances beyond the control of the applicant have prevented commencement. A new processing fee shall be submitted with a request for such extension.

1.12. Certificates of Occupancy

A A Certificate of Occupancy shall be required before any structure or premises, or part thereof, hereafter erected, changed, converted, moved, altered or enlarged wholly or in part, may be used or occupied.

B. A Certificate of Occupancy may be issued when structure has been constructed in compliance with all applicable provisions of this Ordinance and the development permit granting approval thereof,the International Building Code,the International Fire Code, and/or other applicable ordinances related to the construction and occupancy of the structure.

C. The Building Official may permit the occupancy of a building prior to the completion of all required work provided a bond or other assurance has been posted with the Town Clerk in the amount equal to the cost of completing said required work as determined by the Governing Body.

1. The Town Clerk shall maintain a record of all Certificates of Zoning Compliance for a period of five (5) years and a copy shall be furnished upon request to any applicant.

1.13 Responsibility for Violations

It shall be the duty of all architects, contractors, sub-contractors, builders and other persons having to do with the establishment of any use of land or the erection, altering, changing, or remodeling of any building or structure to ensure that a proper permit has been granted before work is begun on any project for which a permit is required. Any such person doing or performing any such work without a permit having been issued is in violation with the requirements of this Ordinance and shall be deemed guilty of violation and shall be subject to the penalties herein prescribed for violation.

1.14 Severability

This Ordinance and the various parts, sections, and clauses are hereby declared to be severable. If any part, section, paragraph, sentence, clause, or phrase is adjudged to be unconstitutional or invalid, it is hereby declared that the remainder of the Ordinance shall not be affected thereby. The Town Council of Henefer, Utah hereby declares that it would have passed this Ordinance on each part, section, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more portions thereof be declared invalid.

1.15 Appeals

Appeals of Town Planner, Planning Commission, Board of Adjustment, and Town Council actions shall occur as follows in the appeals chart:

Decision Maker	Appellate Body
Town Planner	Town Council
Planning Commission	Town Council
Board of Adjustment	District Court
Town Council	District Court

B. Appeals to the Town Council for Conditional Use Permits

1. The Town Council may hold a public hearing or permit an evidentiary review outside the Planning Commission record to determine whether:

a. An alleged procedural irregularity has occurred that does not appear in the records.

The proposed use would (i) influence patterns of growth adverse to the integrity of the comprehensive plan as implemented by the zoning ordinance; (ii) have a long-term detrimental impact on Town resources available for capital improvements or urban services; or (iii) undermine the health, safety or welfare of the surrounding neighborhood or community.

c. A public hearing may be held by the Town Council and the Town Council may overrule any approval or disapproval by the Planning Commission, or any conditions imposed. It may approve or deny the conditional use, impose additional conditions thereon, or remand the appeal to the Planning Commission for further consideration.

d. Any decision by the Town Council approving or denying the conditional use permit shall be final and subject to the conditions imposed by the Council. The Development Code shall not be construed to vest a right to any conditional use except upon complete and continued compliance with the conditions finally approved.

1.16 Penalty

Any person, firm, partnership, or corporation, or the principals or agents thereof, violating or causing the violation of any provision of this Ordinance, as the same may be amended from time to time, shall be subject to the following penalties.

1. Civil Penalties

In lieu of pursuing criminal remedies with respect to any violation of any provision of this Ordinance, Henefer Town may elect, in its sole discretion based upon the particular facts and circumstances of each case, to pursue the following civil remedies regarding such violation. The following civil remedies may not be pursued for a violation that occurs in conjunction with a criminal violation as part of a single criminal episode that will be prosecuted in a criminal proceeding, but the following civil remedies may be pursued if no criminal proceedings will occur with respect to the violation.

Courtesy Notice

Upon receipt of a written complaint of a zoning violation the Mayor or designee will notify the Town Planner to investigate the complaint and determine if a violation exists. If a violation exists the Town Planner shall send a courtesy notice to the property owner, stating the nature of the violation, possible action of the Town, and allowing a ten (10) day compliance period in which the property owner may either bring the property into compliance or meet with the Town Planner for an inspection to determine if in fact a violation exists and what remedies may be available to the property owner. Courtesy Notice shall be delivered by certified mail or shall be served by a Constable.

b. Notice to Comply

Henefer Town shall issue a written notice to comply regarding each such violation to the offending party, which written notice shall identify the offending party, identify the violation, set forth the time period afforded to the offending party to come into compliance with the Ordinance and thereby avoid further enforcement proceedings, and set forth the date, time and location of the administrative hearing to be held regarding the same in the event that the offending party does not comply within the prescribed time period. For a first time offense, the applicable compliance period shall be thirty (30) calendar days from the date of the written notice to comply.

If the offending party is unable to correct the offense within the allowed compliance period, the party may request an extension. The extension must be in writing and must be signed by all property owners, tenants, parties, with all signatures notarized. The request for extension shall contain the requested extension date, factual evidence as to why the extension is justified, and a commitment to correct the violation within the extension period. The extension may be granted by the Zoning Enforcement Officer, or the Town Planner, at his or her discretion. Written approval or denial of the extension will be given to the offending party. In the event that the Zoning Enforcement Officer does not grant the extension, his or her decision may be appealed to the administrative hearing officer.

In the event that a second notice to comply is issued to the same party with respect to a particular violation within any rolling twelve (12) month period, the applicable compliance period shall be fifteen (15) calendar days from the date of the written notice to comply. In the event that a third notice to comply is issued to the same party with respect to a particular violation within any rolling twelve (12) month period, the applicable compliance period shall be the next calendar day after the date of the written notice to comply. Notice shall be delivered by certified mail or shall be served by a Constable.

1.17 Public Hearing Requirements

All public hearings for the Town Council, Planning Commission, and Board of Adjustment, as required herein, shall comply with Utah Code Annotate, Title 52, Chapter 4.
For all amendments to the General Plan, this Ordinance, zoning and subdivision regulations, and all development approvals required in Chapter 6 of this Title, where noted, "reasonable notice", which shall mean a minimum of three weeks posted and published notice, shall be provided for all public hearings.

For all subdivision plat or site plan approvals, where public hearings are required, "reasonable notice" shall be provided as defined in this Title, and mailed notice to property owners within one thousand (1000) of the subject property shall also be provided.

The applicant shall pay the cost for the Town to provide this service.

E. Zoning Map Amendment and Planning and Zoning Ordinance Amendment Public Hearing Notice

1. Amendments to this Ordinance may be adopted only after a public hearing in relation thereto before the Planning Commission at which parties in interest and citizens shall have an opportunity to be heard. A notice of the time and place of such hearing shall be published in a newspaper of general circulation within the area at least 14 days prior to the hearing date. Notice shall further be given in accordance with State statutes, as required by law.

2. Notice shall also be posted in three (3) public locations within the Town, 14 days prior to the meeting, as required by law.

3. Notice shall be mailed directly to property owners directly affected by proposed amendments and to those property owners within 500 feet of proposed zone map amendments.

a. Mailings are at the expense of the applicant for amendment. Applicants are responsible for submitting addressed, stamped envelopes to the Town Planner at the time of application, along with a list of the affected property owners and mailing addresses as shown on the current tax records of the County. Mailed notices are for courtesy purposes only and are not a requirement of this Ordinance or State statute, the Town does not guarantee the accuracy of mailings and any defect in mailing shall not invalidate any action of the Planning Commission or Town Council.

1.18 New Petition

Denial of any application to amend the Zoning Ordinance or Zone Map or to apply for a permit or subdivision shall prohibit the filing of another application to amend the Ordinance to reclassify the same parcel of property or any portion thereof within one year of the date of the final denial, unless the Planning Commission finds that there has been a substantial change in the circumstances or sufficient new evidence since the denial of the previous application to merit consideration of a second application within the one year time period.

Chapter 2 Annexations and Amendments to the Planning and Zoning Ordinance and Zoning Map

2.01 Purpose............................................................................................................................. 20

2.02 Initiation of Amendments................................................................................................ 20

2.03 Procedure for Zoning Ordinance Text Amendment:....................................................... 21

2.04 Procedure for Zoning Map Amendment:......................................................................... 21

2.05 Criteria............................................................................................................................. 22

2.06 Annexations..................................................................................................................... 23

2.01 Purpose

The Town Council may from time to time amend, supplement or repeal the provisions and regulations of the Planning and Zoning Ordinance and the Zoning Map of Henefer Town in order to correct manifest errors or to more fully carry out the intent and purpose of the adopted General Plan of the Town and of this Ordinance. No change to the text of this title which affects a portion or all of the real property regulated by this title and no rezoning of a specific parcel of real property by a change in zoning classification resulting in a change to the Zoning Map shall be valid unless approved by the Town Council pursuant to the provisions set forth herein.

2.02 Initiation of Amendments

Any amendment to the text of this Ordinance or the Zoning Map may be initiated in the following ways:

By a motion of the Town Council;

Upon the request of the Planning Commission;

Upon recommendation of the Town Planner; or

Upon the request of the individual having deed title of real property within the

area to be rezoned.

2.03 Procedure for Zoning Ordinance Text Amendment:

Process

1. Application. A complete application form for a Zoning Ordinance Text Amendment shall be made by the property owner or certified agent thereof and submitted to the Town Planner.

2. Fee The application shall be accompanied by the appropriate fee established by resolution of the Town Council.

3. Submission Requirements: The application shall be accompanied by a copy of the existing Ordinance language and proposed language amendments, along with a written description of the necessity of the Ordinance amendmentto the Town Planner .

Review and Approval

a. A copy of the proposed amendment shall be delivered to the Planning

Commission for its review and recommendation in accordance with 2.05 of this section. Prior to making a recommendation, the Planning Commission shall hold a public hearing regarding the proposed amendment.

The Planning Commission's recommendation shall be delivered to the Town Council. The Town Council shall hold a public hearing on the proposed amendment. Following the public hearing, the Town Council shall review in accordance with 2.05 of this section and either approve by ordinance or deny the amendment.

2.04 Procedure for Zoning Map Amendment:

Process

1. Application. A complete application form for a Zoning Map Amendment shall be made by the property owner or certified agent thereof and submitted to the Town Planner.

2. Fee The application shall be accompanied by the appropriate fee established by resolution of the Town Council.

Submission Requirements: The application shall be accompanied by the following:

a. A map showing the location of the property affected by the proposed zone change.

b. An exact legal description of the property, including acreage amount.

c. Explanation of existing zone designation, proposed zone designation, and proposed use of the property.

d. Envelopes, stamped and addressed to the owners of all real property within five-hundred feet (500’) of the proposed zone amendment.

Review and Approval

A copy of the proposed Zoning Map amendment shall be delivered to the Planning Commission for its review and recommendation in accordance with 2.05 of this section. Prior to making a recommendation, the Planning Commission shall hold a public hearing regarding the proposed amendment a minimum of 30 days from the date of application.

The Planning Commission's recommendation shall be delivered to the Town Council. The Town Council shall hold a public hearing on the proposed amendment. Following the public hearing, the Town Council shall review in accordance with 2.05 of this section and either approve, alter, or deny the amendment.

2.05 Criteria

In considering a request for an amendment to this Ordinance or Zone Map, the Planning Commission may submit a recommendation for or against the request or it may recommend an alternate amendment. A favorable recommendation by the Planning Commission must be accompanied by the following findings:

1. The amendment will not be contrary to the land use plan as adopted in the Town General Plan.

2 The amendment will not militate against the fulfillment of any other provision of the General Plan.

3 The amendment will not decrease nor adversely affect the health, safety, convenience, morals, or general welfare of the public.

4. The amendment will more fully carry out the intent and purpose of this Ordinance and General Plan.

5. Public interest will be served better by adopting such amendment.

All amendments to the text of this Ordinance and to the Zoning Map shall be authorized by ordinance, in the manner prescribed by state law.

Any substantial change in or departure from the recommendation of the Planning Commission can be made after such public hearing unless the change or departure be submitted to the Planning Commission for its recommendation.

2.06 Annexations

Land shall only be annexed into the Town of Henefer under and in accordance with the governing State statutes at the time of annexation petition, as found in Sections 10-2-401 through 10-2-424, Utah State Code Annotated 1953, as amended.
Process

1. Application: A complete application form for an Annexation shall be made by the property owner or certified agent thereof and submitted to the Town Planner.

2. Fee: The application shall be accompanied by the appropriate fee established by resolution of the Town Council.

Submission Requirements: The application shall be accompanied with the information required by State Statue, including the following:

A written petition of annexation, stating the proposed land use for the property.

A written statement as to how the proposed area, and/or its potential land uses would contribute to the achievement of the goals and policies of the Town.

A vicinity map and an accurate map of the proposed annexation area, in addition to that required by State law, showing the boundary of the area and property ownership lines produced by a licensed surveyor; the topography of the area, major natural features, easements, drainage channels, wooded areas, areas of high water table, etc. .

Review and Approval:
1. The Town Planner shall forward the request to the Town Planning Commission and review in accordance with the criteria and evaluation standards found in this Section. The Planning Commission shall then hold a public hearing and forward a recommendation to the Town Council.

The Town Council shall review in accordance with the criteria and evaluation standards of this Section and consider the Planning Commission’s recommendation. The Town Council shall then approve or deny the annexation request.

Upon approval, all land hereafter annexed into the Town shall be classified in the Residential Agricultural (RA-1) Zone.

The annexation of property must meet the following criteria:
The property must be contiguous to the boundaries of the Town and should be a substantial width to avoid a narrow “cherry stem” condition.

The property must lie within the area projected for the Town municipal expansion or the Annexation Declaration Area.

The property must not be included within the boundaries of another incorporated municipality.

The annexation must not create unincorporated islands with the boundaries of the Town.

The property proposed to be annexed hereunder will not be annexed for the sole purpose of acquiring municipal revenue or for retarding the capacity of another municipality to annex into the same or related area.

In addition to the criteria in this section, the following evaluation standards shall be considered:
Compliance with all requirements of appropriate State Code provisions.

The current and potential population of the area, and the current residential densities.

Land use proposed in addition to those presently existing.

The assessed valuation of the current properties or proposed uses.

The potential demand for various municipal services, especially those requiring capital improvements.

Recommendation or comments submitted by other local government jurisdictions regarding the proposal and potential impacts of the annexation.

Identification of any special district or County department that is currently providing services. If the proposed area is receiving services that are to be assumed by the Town, a statement should be included indicating that steps can be taken to assure an effective transition in the delivery of services. A timetable for extending services should be included if the Town is unable to provide services immediately.

New annexations should create areas in which services can be provided efficiently. The annexation should not create topographically isolated areas, areas for which the provision of services would be costly or difficult, or an area in which ground water runoff would create multi-jurisdictional problems.

The tax consequences for affected entities should be addressed.

Chapter 3 Board of Adjustment

3.01 Purpose of the Board of Adjustment................................................................................ 25

3.02 Creation of the Board of Adjustment............................................................................... 25

3.03 Membership of Board...................................................................................................... 26

3.04 Procedures of the Board................................................................................................... 26

3.05 Powers and Duties............................................................................................................ 27

3.06 Variances.......................................................................................................................... 27

3.07 Appeals............................................................................................................................. 29

3.08 Appeals and Variances when located in the Sensitive Overlay Zone............................. 30

3.09 District Court Review of the Board of Adjustment Decision.......................................... 31

3.01 Purpose of the Board of Adjustment

In order to provide for just and fair treatment in the administration of local zoning ordinances, and to ensure that substantial justice is done, a Board of Adjustment has been created to exercise the powers and duties provided hereafter.

3.02 Creation of the Board of Adjustment

The Board of Adjustment shall consist of five members.

The Mayor shall appoint the members with the advise and consent of the Town Council for a term of five years.

The Mayor shall appoint members to terms so that the term of one member expires each year.

The Mayor may appoint one member of the Henefer Town Planning Commission to serve as the Planning Commission liaison to the Board of Adjustment. Such Planning Commissioner shall have the right to attend all meetings of the Board of Adjustment with the right to take part in all discussion, but shall not vote on Board of Adjustment decisions.

3.03 Membership of Board

All members of the Board shall be residents of Henefer Town. Any member relocating their primary residence outside the limits of the Town of Henefer shall resign their appointment to the Board within thirty days prior to their relocation.

Removal From the Board.

The Mayor may remove any member of the Board of Adjustment for cause if written charges are filed against the member with the Mayor.

The Mayor shall provide the member with a public hearing if he/she requests one.

Vacancy on the Board

1. The Mayor, with the advice and consent of the Town Council, shall fill any vacancy.

The person appointed shall serve for the unexpired tem of the member or alternate member whose office is vacant.

3.04 Procedures of the Board

The Board of Adjustment shall:

Organize and elect a chairperson; and

Adopt rules that comply with all applicable state statutes and town ordinances.

The Board of Adjustment shall meet at the call of the chairperson and at any other times that the Board of Adjustment determines.

The chairperson, or, in the absence of the chairperson, the acting chairperson, may administer oaths and compel the attendance of witnesses.

All meetings of the Board of Adjustment shall comply with the requirements of Chapter 4, Title 52, Open and Public Meetings, Utah Code Annotated.

The Board of Adjustment shall:

Keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating that fact; and

Keep records of its examinations and other official actions.

The Board of Adjustment may, but is not required to have its proceedings contemporaneously transcribed by a court reporter or a tape recorder.

The Board of Adjustment shall file its record in the Town Clerk’s office.

All records in the office of the Board of Adjustment are public records.

A concurring vote of three members of the Board of Adjustment is necessary to make a decision.

Decisions of the Board of Adjustment become effective at the meeting in which the decision is made, unless a different time is designated as part of the Board’s decision in the Board=s ruling.

The Town Council may fix per diem compensation for the members of the Board of Adjustment, based on necessary and reasonable expenses and on meetings actually attended.

3.05 Powers and Duties

The Board of Adjustment shall hear and decide:

appeals from zoning decisions applying the Zoning Ordinance;

requests for variances from the terms of the Zoning Ordinance.

3.06 Variances

Purpose

Any person, authorized agent in writing, or entity desiring a waiver or modification of the requirements of the Zoning Ordinance as applied to a parcel of property that he or she owns, leases, or holds some other beneficial interest, may apply to the Board of Adjustment for a variance from the terms of the Zoning Ordinance.

B. Application: A complete application form for a Variance shall be made by the property owner or certified agent thereof and submitted to the Town Planner for review.

C. Fee: The application shall be accompanied by the appropriate fee established by resolution of the Town Council.

D. Submission Requirements: The application shall be accompanied by a site plan or other sufficient information necessary to review an appeal.

E. Review Process

In accordance with Section 10-9a-702 as amended of the Utah State Code the Board of Adjustment may grant a variance only if all of the following are met:

Literal enforcement of the Zoning Ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the Ordinance. An unreasonable hardship may not be self-imposed, economic, inflicted on a property by action of a previous owner or the direct result of building without the proper permits or approvals.

There are special circumstances attached to the property that do not generally apply to other properties in the same zone;

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

The variance will not substantially affect the general plan and will not be contrary to public interest; and

The spirit of the Zoning Ordinance is observed and substantial justice done.

In determining whether or not enforcement of the zoning ordinance would cause unreasonable hardship under Subsection A 1, the Board of Adjustment may not find an unreasonable hardship unless the alleged hardship:

Is located on or associated with the property for which the variance is sought; and

Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.

In determining whether or not enforcement of the zoning ordinance would cause unreasonable hardship under Subsection A 1, the Board of Adjustment may not find an unreasonable hardship if the hardship is self-imposed or economic. A self-imposed hardship inflicted on a property by action of a previous owner shall not be reason for granting a variance to the current owner. The variance may not be granted if it is the direct result of building without the proper permits or approvals.

In determining whether or not there are special circumstances attached to the property under Subsection A 1, the Board of Adjustment may find that special circumstances exist only if the special circumstances:

Relates to the hardship complained of; and

Deprive the property of privileges granted to other properties in the same district.

The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.

Variances run with the land.

The Board of Adjustment and any other body may not grant use variances.

In granting a variance, the Board of Adjustment may impose additional requirements on the applicant that will:

1. Mitigate any harmful effects of the variance; or

Serve the purpose of the standard or requirement that is waived or modified.

3.07 Appeals

Alleged Errors

The applicant or any other person or entity adversely affected by a decision administering or interpreting a zoning ordinance alleging that there is error in any order, requirement, decision, or determination made by an official in the administration or interpretation of the zoning ordinance.

The appeal to the Board of Adjustment shall be filed with the Town Clerk within thirty (30) days from the date of the decision.

Any officer, department, board, or bureau of a municipality affected by the grant or refusal of a building permit or by any other decisions of the administrative officer in the administration or interpretation of the zoning ordinance may appeal any decision to the Board of Adjustment.

The person or entity making the appeal has the burden of proving that an error has been made.

Only zoning decisions applying the zoning ordinance may be appealed to the Board of Adjustment.

The Board of Adjustment will not consider any appeals on Zoning Ordinance amendments.

Appeals may not be used to waive or modify the terms or requirements of the zoning ordinance.

3.08 Appeals and Variances when located in the Sensitive Overlay Zone

The Board of Adjustment as established by the Development Code of Henefer Town shall hear and decide all appeals and requests for variances from the requirements of Chapter 9. In reviewing an appeal from the Sensitive Overlay Requirements, the following conditions shall be considered in addition to the review criteria listed above:

1. The danger that materials may be swept into other lands to the injury of others;

2. The danger to life and property due to flooding or erosion damage;

3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

4 The importance of the services provided by the proposed facility to the community;

5. The necessity to the facility of waterfront location, where applicable;

6. The availability of alternative locations, for the proposed use which are not subject to flooding or erosion damage;

7. The compatibility of the proposed use with the existing and anticipated development;

8. The relationship of the proposed use to the general plan and floodplain management program for that area;

9. The safety of access to the property in times of flood for ordinary and emergency vehicles;

10. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and,

11. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets, and bridges.

Conditions for Variances

1. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (1-11) in Section 9-10(a) have been fully considered. As the lot size increases beyond the one-half acre, the technical justifications required for issuing the variance increases.

2. Variances may be issued for the reconstruction, rehabilitation or restoration of structures .listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.

3. Variances shall not be issued within any designated floodplain if any increase in flood levels during the base flood discharge would result.

4. Variances shall only be issued upon a determination that the variance is the minimum necessary considering the flood hazard, to afford relief.

5. Variances shall only be issued upon:

a. A showing of good and sufficient cause;

b. A determination that failure to grant the variance would result in exceptional and undue hardship to the applicant; and

c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in 9-10(a), or conflict with existing local laws or ordinances.

6. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below 1 (one) foot above the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

7 Henefer Town shall maintain the records of all appeal actions and the Board of Adjustment and report any variances to the Federal Emergency Management Agency upon request.

3.09 District Court Review of the Board of Adjustment Decision

Any person adversely affected by any decision of the Board of Adjustment may petition the District Court for a review of the decision.

In the petition, the plaintiff may only allege that the Board of Adjustment’s decision was arbitrary, capricious, or illegal.

The petition is barred unless it is filed within thirty (30) days after the Board of Adjustment=s decision is final.

The Board shall:

Transmit to the reviewing court the record of its proceedings including its minutes, findings, orders and, if available, a true and correct transcript of its proceedings.

If the proceeding was tape recorded, a transcript of that tape recording is a true and correct transcript for the purposes of this subsection. A fee will be assessed to the petitioner for the cost of transcribing the tape recordings.

The filing of a petition does not stay the decision of the Board of Adjustment.

Before filing the petition, the aggrieved party may petition the Board of Adjustment to stay its decision.

Upon receipt of a petition to stay, the Board of Adjustment may order its decision stayed pending district court review if the Board of Adjustment finds it to be in the best interest of the municipality.

After the petition is filed the petitioner may seek an injunction staying the Board of Adjustment’s decision.

Chapter 4 Non-Conforming Structures and Uses

4.01 Intent................................................................................................................................ 33

4.02 Non-Conforming Structures and Uses............................................................................. 33

4.03 Non-Conforming Lots of Record..................................................................................... 34

4.01 Intent

Within the zone districts established in Chapter 8.0 of the Code, there may exist lots, structures, and uses of land and structures, which were lawfully established before the adoption of this Ordinance, but which are now prohibited, regulated, or restricted. It is the intent of this section to allow these uses and structures to continue until such time as they are removed or abandoned.

4.02 Non-Conforming Structures and Uses

When a use of the land and structure existed prior to the adoption of the Planning and Zoning Ordinance but is not permitted by the regulations now imposed by the Ordinance, the use of a structure, or portion thereof, and associated land may continue, in accordance with the provisions below:

1. Damaged Structure May be Restored

If any non-conforming structure, or portion thereof, is destroyed by fire or other natural cause and is not repaired, or replaced within one (1) year from the date of loss, it shall not be reconstructed except in conformance with the provisions of this Ordinance, unless the Town Planner grants an extension of time based on demonstrated progress toward compliance with this requirement.
Additional structures not conforming to the requirements of the Code shall not be erected in connection with a non-conforming use of land and structure, except when approved as a Conditional Use Permit in accordance with Chapter 6 of this Ordinance.

Discontinuance or Abandonment
If a non-conforming use of a structure, or portion thereof, or a lot occupied by a non-conforming use is abandoned or ceases for any reason for a continuous period of one (1) year or more, shall thereafter be required.to conform to the use regulations specified in the Ordinance and conform to the regulations for the zone district in which it is located, unless a Conditional Use Permit in accordance with Chapter 6 of this Ordinance is approved.

Change to a Conforming Use
A non-conforming use or building may be changed to a conforming use or building. Any non-conforming use or building which has been changed to a conforming use or building shall not thereafter be changed back to a non-conforming use. A non-conforming use of a building or lot shall not be changed to another non-conforming use whatsoever. Changes in use shall be made only to a conforming use.

Increasing the Non-Conformity
The non-conforming structure and use of land shall not be changed in any way that increases the non-conformity except through the Conditional Use Permit review process in accordance with Chapter 6 of this Ordinance. This does not include remodeling or normal maintenance and repair of an existing non-conforming structure, which is permitted. A structure may be altered to decrease its non-conformity.

5. Creating Non-Conforming Lots/Structures

No lot, parcel of land, or interest therein, shall be transferred, conveyed, sold, subdivided or acquired either in whole or in part so as to create a new non-conforming use, structure, or lot/parcel, to avoid or circumvent the requirements of the Ordinance. No building permit will be issued for any lot, parcel, or structure which has been transferred, conveyed, sold, subdivided or acquired in violation of the Ordinance.

4.03 Non-Conforming Lots of Record

A one-family dwelling may be permitted on any lot of record in any zone in which dwellings are permitted, even though such lot fails to meet the minimum area or width requirements within the zone district in which it is located, provided the lot was created legally in accordance with the Ordinances and State statutes in affect on the date of said creation, as recorded by deed on record with the Office of County Recorder, is entitled to one (1) but not more than one (1) dwelling unit thereon.

Chapter 5 Supplementary Regulations

5.01 Lot Standards................................................................................................................... 35

5.02 Setbacks........................................................................................................................... 36

5.03 Building Height................................................................................................................ 37

5.04 Street Standards............................................................................................................... 38

5.05 Home Occupations/Premise Occupations........................................................................ 38

5.06 Temporary Agricultural Stands........................................................................................ 43

5.07 Bonding............................................................................................................................ 43

5.08 Utility Structures and Related Facilities.......................................................................... 46

5.09 Public Parks..................................................................................................................... 48

5.10 Waste Water Disposal...................................................................................................... 49

5.11 Parking............................................................................................................................. 49

5.12 Landscaping..................................................................................................................... 52

5.13 Pollution Prevention and Drainage.................................................................................. 52

5.14 Recreation Vehicle and Mobile Homes........................................................................... 52

5.15 Alternative Energy Generating Facilities ........................................................................ 53

5.16 Lighting............................................................................................................................ 55

5.17 Fences.............................................................................................................................. 55

5.18 Project Termination Due to Inaction................................................................................ 56

5.19 Effective Period of Approvals......................................................................................... 56

5.01 Lot Standards

Unless otherwise stated, all lots shall meet the following standards:

Every Dwelling on a Lot:

Every dwelling structure shall be located and maintained on a separate lot having no less than the minimum area, width, depth, frontage, and public improvements required by this Code for the zone in which the dwelling structure is located, except for multi-family complexes, as permitted by the zone and ordinances herein, may occupy one lot for each such multi-family complex.

B. Yard & Open Space for One Building Only:

Required yard space or open space around a building may not be sold or separated from such lot or building. Nor shall the yard space or open space required for a building be used towards the yard and open space requirements for any other building on an adjoining lot.

Division of Lots Below Minimum Space Requirements:

No parcel of land which has less than the minimum width and area requirements for the district in which it is located may be divided from a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot.

D. Division of a Lot of Record by a Road:

If a government action prior to 1992 divided a lot of record due to a road installation that was initiated by a governmental entity and the resulting area on each side of the road meets the minimum required area and width for the zone in which it is located, then an additional lot of record is created.

E. Use of Land, Building and Structures:

No land shall be used or occupied and no building or structure shall be designed, erected, altered, used or occupied for any use except those uses specifically permitted on the land upon which the building or structure is located or erected or use established as permitted in the regulations for the district in which said land is located.

5.02 Setbacks

Yard to Be Unobstructed: Exceptions:

Every part of a required yard shall be open to the sky, unobstructed except for accessory buildings in a rear yard and for the ordinary projections of skylights, sills, belt courses, cornices, chimneys, flues, and other ornamental features which project into a yard not more than 2 feet, and fire escape structures projecting into a yard not more than 5 feet.

B. Clear View Of Intersecting Streets: In all districts or uses for which a front yard is required, no opaque obstruction to view in excess of 3 feet high (above top back of curb) shall be placed on any corner lot within a triangular area formed by the intersection of straight lines extended from the back of the curb (or future curb) and a line connecting them at points 25 feet from the intersection of the curb line, except a reasonable number of trees pruned to permit unobstructed views to automobile drivers.

Deviations from these requirements must be reviewed and approved by the Henefer Town Engineer, if found to maintain an acceptable degree of safety. Deviations beyond those approved by the Engineer must be appealed to the Board of Adjustment.

C. Effect of Street Plan:

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 yards shall be measured from the nearest line of the planned street.

D. Location of Barns

No barn, corral, or coop shall be constructed closer than 100 feet from any existing dwelling, nor shall any corral, pen or coop be constructed or maintained closer than 20 feet to any open waterway that drains into a natural stream. Surface drainage from corrals or coops shall not be permitted into a waterway that drains into a natural stream. If the distance cannot be met, a conditional use permit must be obtained.

E. Exception to Front Setback Requirements

The setback for the street for any dwelling located between two existing dwellings in any residential zone may be the same as the average for said two existing dwellings.

5.03 Building Height

A. No dwelling shall be erected to a height less than one story above grade, except as may be approved by the Planning Commission upon a showing that the structure is designed for energy conservation, will be a finished building, and will comply with all Town building and safety codes and this ordinance.

B. Exceptions to Building Height Limitations:

Roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, water tanks, radio and television antennas, microwave or satellite dishes, theater lofts, silos, or similar structures may be erected above the height limits herein prescribed, but no space above the height limit shall be allowed for purposes of providing additional floor space, nor shall it provide for human occupancy.

C. Special Exception for Additional Building Height:

Where expressly allowed by this Code, and upon special approval Board of Adjustment, actual building height may exceed the height limitation if required building setbacks (front, side, and rear) are increased by a ratio of 1.5 feet of height to one foot of additional setback.

5.04 Street Standards

A. Development Standards for Streets

1. Public street systems shall be required for access to all residential dwelling sites.

2. Approved streets for access to residential dwelling structures shall have a minimum width paved surface in accordance with the adopted construction standards.

3. Streets less than 150 feet in length may serve as access for up to four lots without special requirements for turnarounds.

4. Streets greater than 150 feet in length may serve as access for up to five lots but shall be required to provide a hammerhead turnaround of at least 3600 square feet, the configuration of which to be approved by the Fire District.

5. Streets greater than 150 feet in length may serve as access to more than five lots with a required cul-de-sac turnaround with a minimum asphalt width for a public street, with the engineering specifications of a public street.

6. Permanent dead end streets shall have a maximum length of 800 feet (not including the turnaround or cul-de-sac).

B. Motor Vehicle Access

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

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

b. Driveways shall be no closer to each other than twenty (20) feet.

c. On corner lots, no driveway shall be closer than thirty (30) feet to the point of intersection of the front property line with the side property line which abuts upon a street.

Where there is no existing curb and gutter or sidewalk, a curb or fence may be required by the town.

5.05 Home Occupations/Premise Occupations

The purposes of this section are to:

Encourage major business activities to be conducted in appropriate commercial zones. Exceptions must obtain a conditional use permit.

Allow for home occupations that are compatible with the neighborhoods in which they are located as an accessory use.

To safeguard peace, quiet, and domestic tranquility within all residential neighborhoods within the Town, and to protect residents from excessive noise, excessive traffic, nuisance, fire hazard and other possible adverse effects of commercial uses being conducted in residential areas.

Provide a means to terminate home occupations if disruption of a residential neighborhood occurs.

To establish a class of businesses that is permitted in the home to engage in the business of child care, and other group child activities.

B. Home/Premise Occupations License.

1. A home occupation shall be conducted within the Town of Henefer only in zone districts where allowed by this Code and in compliance with the following provisions unless it has been determined to be a nonconforming use pursuant to this code. A business license shall be issued by the Town Clerk. In order to be issued a license, a home occupation must receive a recommendation for approval from the Town Planner pursuant to the following provisions or as a nonconforming use.

C. Standards for Approval of all Home/Premise Occupations Licenses:

The following standards shall be complied with in the operation of all home occupations at all times:

1. The home/premise occupation shall be an accessory use which is clearly secondary and incidental to the primary use of the dwelling unit for residential purposes.

2. The home/premise occupation shall not physically change or alter the external residential appearance of the principal or accessory structures. Interior alterations for the purpose of accommodating the home occupation are prohibited if such alteration eliminates either the kitchen, dining area, bathrooms, living room or all of the bedrooms.

3. The home/premise occupation shall not involve the use of any yard space for storage or display of supplies, inventory or equipment when such use is in conjunction with the sale, leasing, or production of goods or services.

4. There shall be complete conformity with fire, building, plumbing, electrical and all other town, county, state and federal codes. Inspection during reasonable hours by Town officials may occur as necessary to assure compliance with these regulations.

5. The home/premise occupation shall not cause a demand for municipal, community or utility services that are substantially in excess of those usually and customarily provided for residential uses.

6. The home/premise occupation shall not be associated with or produce odor, smoke, dust, heat, fumes, light, glare, color, materials, construction, lightening, sounds, noises or vibrations or other nuisances, including interferences with radio and television reception or other adverse effects associated with its use as a business that may be discernable beyond the premises or unreasonably disturb the peace and quiet of the neighborhood.

7. No process can be used which is hazardous to public health, safety, morals or welfare.

8. The home/premise occupation shall not interfere or disrupt the peace, quiet and domestic tranquility of the neighborhood by creating excessive noise, excessive traffic, nuisance, fire hazard, safety hazard or other adverse effects of commercial uses.

9. All vehicles, including customer, client or business-related visitor vehicles must be provided off street parking at the location wherein the home occupation is being conducted.

D. Qualifications:

1. No more than one (1) person working a maximum of twenty (20) hours per week that is living outside the home shall be engaged, volunteer or be employed on the premises.

2. Visitors, customers, vehicular traffic shall not exceed that normally and reasonably occurring for a residence in the neighborhood where the home occupation is located and shall be conducted so that the average neighbor will not be significantly impacted by its existence. In no case shall the home occupation exceed two (2) vehicular customers, and/or visits per hour, or six (6) per day, nor deliveries or pickups exceed more than two (2) per day.

3. The home occupation shall not generate or exceed six (6) children, associated with group child activities (e.g. dance schools, preschool, music classes, child care etc.) at any one time. A maximum of 6 students/children is permitted per day. This number shall include the licensee's own children if they are under six (6) years of age and are under the care of the licensee at the time the home occupation is conducted. This restriction shall not apply to those non-income producing child care activities (such as baby sitting cooperatives, baby-sitting exchanges and informal instructional activities for preschool aged children) conducted within private residences.

4. All child care facilities shall be permitted to provide outdoor play time as required by Federal, State, County or local laws governing such business activity.

5. The home/premise occupation may include the sale of commodities, however, direct sales from display shelves is not permitted at the dwelling.

6. Vehicles or equipment may not be used primarily for the purposes of advertising the home/premise occupation at the site. Vehicles or equipment displaying such advertising should not be visible from the public right-of-way.

7. The receipt or delivery of merchandise, goods, or supplies for use in a home occupation shall be limited to vehicles with a gross vehicle weight rating (GVWR) of fifteen thousand (15,000) pounds or less.

8. No visitors in conjunction with the home/premise occupation (clients, patrons, students, pupils etc.) shall be permitted between the hours of 10:00 p.m. and 6:00 a.m.

9. The home occupation shall be carried on wholly within the principal building. The premise occupation may occur in an accessory building which is clearly subordinate to the dwelling.

10. No more than twenty-five percent (25%) of the total main floor area or upper living levels of the dwelling unit, nor, in the alternative more than fifty percent (50%) of the total floor area of any basement of the dwelling unit shall be utilized for the home occupation. No more than the equivalent of fifty (50%) of the total floor area of the main dwelling may be used in an accessory structure for a premise occupation.

E. Conditional Use Permit Required:

Certain types of occupations which have substantial impacts upon the residential character of the area when carried on in residential districts must be reviewed to determine if the use is appropriate and to impose requirements and conditions necessary for the protection of adjacent properties and the public health, safety and welfare.

The following uses are appropriate in a dwelling only if they are determined to be compatible with the neighborhood and with the public health, safety and general welfare and if conditions specific to that activity are developed after full Conditional Use review in compliance with Chapter 6 and the additional regulations set forth hereafter.

1. Any child nursery/day care home occupation that is expected to generate or exceed six (6) children at any one time.

A maximum of twelve (12) children is permitted at any one time.

A maximum of eighteen (18) students/children is permitted per day.

This number shall include the licensee's and any employees' children if they are under six (6) years of age and are under the care of the licensee at the time the home occupation is conducted.

This restriction shall not apply to those non-income producing child care activities (such as baby sitting cooperatives, baby sitting exchanges and informal instructional activities for preschool-aged children) conducted within private residences.

2. Any home/premise occupation that is expected to generate or exceed six (6) children associated with group child activities (e.g. dance schools, preschool, music classes, other care or instruction of children) at any one time other than child day care/nursery.

A maximum of twelve students/children generating separate vehicle trips is permitted at any one time.

A maximum twenty-four (24) students/children generating separate vehicle trips is permitted per day.

Additional students/children who do not generate separate vehicle trips may be permitted to a maximum of 12 students/children at any one time and four (4) sessions per day. Additional students/children will be permitted only if the total number of students/children generating separate vehicle trips does not exceed 24 per day.

The total number shall include the licensee's and any employees' children if they are under six (6) years of age and are under the care of the licensee at the time the home occupation is conducted.

This restriction shall not apply to those non-income producing child care activities (such as baby sitting cooperatives, baby-sitting exchanges and informal instructional activities for preschool aged children) conducted within private residences.

3. Repair shops including welding, carpentry (use of three or more woodworking power equipment), sheet metal work, furniture manufacturing, upholstery and other such manufacturing.

4. Any home/premise occupation using explosives or hazardous chemicals.

5. Any home/premise occupation which will generate in excess of two (2) vehicular customers or visitors per hour or six (6) per day. A maximum of twelve (12) vehicular business associated visitors per day may be allowed under a conditional use permit.

6. Any home/premise occupation proposing to employ or employing a person working more than twenty (20) hours per week or more than one employee (i.e. persons other than residents of the dwelling unit who are engaged, volunteer, or are employed on the premises of the home occupation). A maximum of one additional employee may be allowed under a conditional use permit.

7. Any home/premise occupation which proposes to use or uses commercial-use vehicles in excess of one (1) ton.

Any home/premise occupation involving or proposing to involve food or drink preparation, storage or catering. Such a home occupation will be considered for a conditional use permit only when it is authorized by the appropriate State or County department or agency.

9. Any home/premise occupation that is referred to the Planning Commission by the Town Planner for purposes of holding a meeting for public comment and Planning Commission recommendation.

5.06 Temporary Agricultural Stands

One temporary stand not to exceed four hundred (400) square feet in area for the display and sale of agricultural related products raised on the premises provided: (a) such building is placed not less than twenty (20) feet from the street line upon which such property fronts; and (b) complies with off-street parking requirements pertaining to.

5.07 Bonding

A. Bonding for Improvements

1. Requirements: Developers of any on-site or off-site improvements in Henefer Town including developments approved at site plan review, shall be required to post a bond for improvements prior to final approval.

2. Off-Site Improvements: The following improvements shall be required (as applicable to the specific development) and are the responsibility of the owner developer. To guarantee the construction, repair and/or replacement of required public improvements, the owner/developer shall post a bond in a form acceptable to the Town before final approval. The amount of the bond shall be the total of the reasonable construction costs of improvements including but not limited to the following:

a. curb, gutter and drive approaches

b. sidewalk

c. waterway

d. median

e. roadbase

f. paving and striping

g. fire hydrants

h. water mains, appurtenances

i. copper lateral

j. flood control and irrigation systems

k. Street lights

l. any other required public improvements

In calculating the amount of the bond, the Town Engineer may, in his or her sole discretion, accept the amount specified in a construction bid as the reasonable cost of the improvements.

3. Repair of damaged public improvements. The bond posted pursuant to subsection (b) above shall also guarantee the repair or replacement of any public improvements damaged prior to the final acceptance for maintenance. The Town shall notify the owner/developer or contractor of any such damage and shall require repair or replacement of the damaged public improvements within a reasonable time, but no later than 30 days, weather permitting. Upon the failure of the owner/developer or contractor to make the specified repairs, the Town may take whatever legal action it deems appropriate, including foreclosure on the bond, to secure the repairs.

4. One year extension: Ten percent of the bond amount for off-site public improvements shall extend for a one-year period beyond the date the improvements are completed final inspection is made, and they are accepted by the Town to guarantee replacement of defective public improvements. Upon completion of the improvements, the owner/developer and/or contractor shall call for inspections of the improvements by the Town Engineer.

5. Specified Sequence: If the Town Engineer determines that the required improvements should be completed in a specified sequence and/or in less than a two-year period in order to protect the health, safety and welfare of the Town or its residents from traffic, flood, drainage or other hazards, the Town Engineer may require in approving the bond that the improvements be installed in a specified sequence and period which may be less than two years and shall incorporate such requirements in the bond and the public improvement or other agreement.

6. On-Site Improvements: On-site improvements required hereunder shall be satisfactorily installed prior to the issuance of any occupancy permit for the land being developed. In lieu of actual completion of such improvements prior to the approval of occupancy permit, a developer may with approval of the Director file with the Town a cash or surety bond or escrow agreement or letter of credit in an amount specified by the Town Engineer to ensure completion of improvements within one year or shorter time period determined by the Director. See Sub-Section (d) below. On-site improvements shall include but not be limited to the following:

landscaping and sprinkling system
on-site curb
parking lot paving and striping
fencing
any other on-site improvements as may be required at the time of site plan approval

7. Type of Bond: Every bond required by this ordinance shall be approved by the Town Attorney as to form and shall be in the form of:

a. A Surety Corporation Bond from a surety company licensed to and doing business in the State of Utah, and approved by the Town Mayor.

b. An irrevocable letter of credit from a bank chartered under the laws of the State of Utah or the United States of America and having office in the State of Utah, or

c. An Escrow Bond having as guarantor thereon an organization licensed and regulated by the Department of Financial Institutions of the State of Utah or its successor and which is insured by the Federal Savings and Loan Insurance Corporation or Federal Depository Insurance Corporation or National Credit Union Share Insurance Fund. Escrow Bonds shall be submitted on forms provided by the Town and approved by the Town Attorney and shall consist of a letter of commitment, signed by both the guarantor and developer and containing at least the following:

i. Separate itemization of each type of improvement with the estimated cost thereof.

ii. A statement that no more than 80% of the face of estimated amount for any given improvement may be released prior to final acceptance and upon final acceptance 10% of such amount will be held for one year after final inspection and acceptance for maintenance and available to the Town in case of defective workmanship or materials.

iii. A statement that the developer certifies that he has or will notify all subcontractors working under him that Henefer Town may release no more than 80% of the bond as aforesaid prior to final acceptance.

A statement that before more than 60% of any item shall be released there shall be filed with the Town Engineer a statement that no material man's liens or mechanic liens exist with regard to-the improvements related to any part of the bond.

A statement that the guarantor shall certify to the Town Engineer every two months the amount existing in the escrow account pertaining to the bond, item by item, noting the amount of current balance and amounts released and the date of such releases.

8. Duration, Terms, Second Bond

a. Every bond authorized by this Code shall run to the benefit of the Town and have an express term of at least two years from the date of approval for the site plan to which it applies. Further, such bond shall contain language guaranteeing the performance of the developer and a provision for unconditional payment of the face amount of the bond within 5 days from any declaration of default or forfeiture.

b. No partial release of any bond or letter of credit shall be made prior to the final acceptance for maintenance of off-site improvements and said site plan except for Escrow Bonds. Immediately prior to final acceptance of the improvements required by the site plan, except in the case of Escrow Bonds, the Town shall require and receive from the Developer a second bond, in the form authorized above having a term of one year, and a face value of 10% of the original bond. In the case of Escrow Bonds, the guarantor shall extend the Escrow Bond for the required time by way of amendment to the original letter.

9. Default - In the event the developer is in default or fails or neglects to satisfactorily install the required utilities and improvements within two years from the date of approval of the final site plan by the Town or earlier time as established by 17-18(b)(3), the Town shall declare the bond forfeited and the Town may in its sole discretion install or cause the required improvements to be installed, using the proceeds of the bond to defray the expense thereof and administrative overhead.

5.08 Utility Structures and Related Facilities

A. Purpose: The purpose of this section is to ensure that all utility facilities/structures are located, installed, buffered/screened and maintained in a manner that will minimize the impact of such facilities/structures on nearby landowners and will not adversely affect the rural, agricultural, small town character of Henefer Town.

B. Application: All parties wishing to construct a utility facility shall 1) submit to the Town Planner the latitude and longitude of proposed utility facilities/structures and the Tax ID number; 2) submit an application for a Low Impact or Conditional Use Permit if applicable; 3) meet or exceed the following:

1. Site Location/Proximity: The utility structure shall be located in a manner that reduces, to the maximum extent possible, the visibility from any major highway, roadway and/or adjacent development. Such facilities and related uses shall also be required to be consistent with the aesthetics of the neighborhood and natural environment, and particular care shall be taken to reduce all potential impacts on adjacent residential uses and scenic views. All existing built utility corridors and easement areas should be considered as a priority location.

2. Site Layout and Design: Such development shall be integrated into the site in a manner that is sensitive to the existing topography, vegetation and any nearby structures, and which utilizes the existing site features, to the maximum extent possible, to screen the facilities from nearby landowners and sensitive view corridors.

a. Fencing shall be within five feet (5') or less from structures with the allowance of two (2) parking stalls for temporary parking and maintenance requirements within enclosure. Fence setbacks from structures can be varied upon review of application if there are site limitations or maintenance requirements.

b. Hard surface and gravel areas outside of proposed structures shall not extend to property boundaries, but shall instead be minimized, to the greatest extent possible, with appropriate landscape buffering as described in Subsection B4 of this Section.

c. Additional material and/or structures may be required for water body or irrigation channel crossings.

3. Architectural Screening: When appropriate and/or necessary to meet the requirements of Subsection A of this Section, architectural screening shall be utilized to disguise the facilities/structures as typical farm type outbuildings which are consistent with the rural, agricultural character of the area. Long, unbroken facades and rooflines shall be avoided as well as the use of industrial type material and finishes.

4. Landscape Buffering/Weed Control: When appropriate and/or necessary to meet the requirements of Subsection A of this Section, landscaping and/or berming techniques shall be utilized to mitigate the visual and other related impacts of utility facilities/structures. Such landscaping and berming shall emulate the natural, rural landscape. All disturbed areas shall be re-vegetated with appropriate plant materials. Temporary irrigation shall be required for initial establishment and long term support of new landscaping and revegetation of disturbed areas. A weed control plan must be submitted and approved prior to approval of a development permit and the site is subject to monitoring for five (5) years after project completion. A bond is also required to be submitted prior to permit approval for the weed management and re-vegetation.

5. Lighting: Lighting shall be the minimum required for maintenance and security purposes. Fixtures shall be fully shielded with light directed down and shall be controlled by motion detectors such that the lights are off unless needed for maintenance access or tripped on by motion detectors. Flood type area lighting is prohibited. Wall mounted fixtures shall be installed no higher than eight feet (8') above the finished grade immediately below the fixture. All lighting shall be dark-sky friendly.

Noise: The development shall not generate noise which would result in materially adverse impacts to the adjacent land or its occupants. A noise study may be required to make this determination. Henefer Town Noise Ordinance 31-A is required to be followed.

7. Security Fencing: Security fencing shall be as unobtrusive as possible and

shall blend in with the surrounding environment, including the use of wood fences and discouraging chain link.

8. Fuel Storage/Handling: On site fuel storage (for backup generator, etc.) shall be designed for full, backup containment in the event of primary tank failure and/or spillage during refueling. Any and all fuel spills or spills of any hazardous materials shall be immediately cleaned up, removed from the site and disposed of in accordance with all federal, state and local regulations.

9. Outdoor Storage: Outdoor storage of materials and equipment shall be prohibited.

10. Maintenance: At all times, all site improvements, including any required landscaping, fencing, buildings, finishes, etc., shall be maintained to an acceptable standard such that the facilities and related site improvements shall not adversely affect, in a significant manner, the public health, safety and welfare.

5.09 Public Parks

Concessions, including but not limited to amusement devices, and refreshment stands, shall be permitted on a public park or playground when approved by the Town Council.

5.10 Waste Water Disposal

Where domestic sewage disposal facilities are used which are not connected to a public sewer, approval of such facilities shall be obtained from the health department before a building permit shall be issued therefore.

5.11 Parking

Abandoned, Wrecked, or Junk Vehicles: It shall be unlawful to park, store, or leave or to permit the parking, storing or leaving of any licensed or un-licensed motor vehicle of any kind or part(s) thereof, which is in a wrecked, junked, partially dismantled, inoperative, or abandoned condition, whether attended or not, upon any private property within the Town limits of the Town of Henefer for a period of time in excess of seventy-two (72) hours, except the two (2) or less such vehicles or parts thereof may be stored if within a building or placed behind an opaque screening fence; and except that said vehicles and parts may be within a salvage yard or automobile wrecking yard lawfully established pursuant to the provisions of this Code.

The accumulation and storage of more than two (2) such vehicles or part(s) thereof, as defined above, on private property except as set forth above, shall constitute a nuisance detrimental to the health, safety, and welfare of the inhabitants of Henefer Town. It shall be the duty of the owner of such vehicle or part(s) thereof or lessee or other person in possession of private property upon which such vehicle or parts(s) thereof are located, to remove the same from such property.

B. Off-street Parking and Loading: The following regulations are established to increase safety and lessen congestion in the public streets, to provide adequately for parking needs associated with the development of land and increased automobile usage, to set standards for off-street parking according to the amount of traffic generated by each use, and to reduce the on-street storage of vehicles.

1. Number of Spaces: the following required off-street parking spaces for the particular use are minimum requirements:

a. Residential Structures require three (3) spaces per dwelling unit. (Spaces may not be provided in tandem) The 3^rd parking space is permitted to be located in the side setback of the dwelling and may be either hard-surfaced, gravel or grass. (amended Sept. 3, 2002)

As a means to encourage the occupants of multiple dwellings to use the required off street parking space in preference to on street parking, entrances to the buildings containing multiple dwellings shall be provided on locations that are as direct and convenient to the required off street parking spaces as are the fronting streets.

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

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

2. Access to Parking Facilities

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

Access to all off street parking facilities shall be designed in a manner which will not interfere with the movements of vehicular and pedestrian traffic.

3. Location of Parking Facilities Restricted: Parking and loading facilities may be located any place on the premises except for areas that are required to be landscaped. Off street parking space which is required in connection with a use shall be constructed to be a part of that use and shall not be located within a zone unless expressly permitted therein.

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

Site Plan Approval Required at the time a building permit is requested for any building or structure, or at the time the use of land is changed which requires additional off street parking space, a site plan shall be submitted showing the location and layout of such required space along with access aisles, roadways, curbs and curb cuts.

1. Convalescent, nursing, and other such institutions shall have one (1) visitor parking space per three (3) patient beds, plus one (1) parking space for each employee at work in the home during daylight hours.

2. Hotels and motels shall have one (1) parking space per room or suite, plus one (1) parking space for each employee at work on the premise during daylight hours.

3. Restaurants, taverns, and lounges shall have one (1) parking space per two hundred (200) square feet of floor area.

4. Banks, professional offices, and other business buildings not specifically mentioned elsewhere in this section shall have one (1) parking space per four hundred (400) square feet of office floor area.

5. Retail stores, and professional service shops and other business not buildings not specifically mentioned elsewhere in this section shall have parking space at the rate of five (5) spaces per one thousand (1,000) square feet of floor area, except that in any zone designated as Commercial Overlay Zone, parking space may be reduced to three (3) spaces per one thousand (1,000) square feet of floor space.

6. Drive-Ins shall have at least twelve (12) off street parking spaces or sufficient off street parking spaces to accommodate all patrons or customers, whichever is greater. No patron or customer may be served in automobiles which are parked on public streets.

7. Industrial, manufacturing and wholesale establishments shall have one (1) parking space per employee based on the largest shift.

8. Uses not mentioned : The required off street parking for any building, structure, or use of land of a type which is not listed in this part shall be determined by the Planning Commission. The Planning Commission shall be guided by comparison with the requirements for similar uses which are listed.

D. Location and Control of Parking Facilities: The off street parking facilities required by this ordinance shall be located on the same lot or parcel of land as the use they are intended to serve.

1. The Town Planner shall disapprove such plans if found that the required spaces are not usable for standard sized automobiles or do not comply with the requirements for off street parking as set forth in this Ordinance.

E. Landscaping Required Surrounding Off Street Parking Space: All off street parking areas designed for five or more vehicles shall be bordered by a curb and/or a landscaped strip at least eight (8) feet in width.Off Street Loading Space Required: For every building having a gross floor area of five thousand (5,000) square feet or more to which goods, material, merchandise, or supplies are received or distributed by vehicle, there shall be provided at least one off street loading space. One (1) additional loading space shall also be provided for each additional twenty thousand (20,000) square feet of gross floor area of such building or for each vehicle which must be loaded or unloaded at the same time, whichever requirement is greater. Each required off street loading space shall be not less than ten (10) feet in width, twenty-five (25) feet in length, and fourteen (14) feet in height.

5.12 Landscaping

A. The purpose of the landscaping in this Ordinance shall be to enhance, conserve, and stabilize property values by encouraging pleasant and attractive surroundings and thus create the necessary atmosphere for the orderly development of a pleasant community. Landscaping also contributes to the relief of heat, noise, and glare through the proper placement of green plants and trees. It is encouraged that landscaping be water-wise, use minimal sod, and use a variety of native plants. .

5.13 Pollution Prevention and Drainage

A. Drainage: Surface water from roof tops, lots or irrigation ditches shall not be allowed to drain onto adjacent lots or streets except after written agreement between the parties involved.

Pollution Prevention: Any use shall be prohibited which emits or discharges gases, noise, or other pollutants into the atmosphere in amounts which exceed the standards as prescribed by the Utah State Air Conservation Board, the Board of Health, or such appropriate body as may be appointed by the Board of County Commissioners. Any use shall also be prohibited which emits or discharges liquids or solid material onto the soil or water in amounts which result in pollutants entering any water or drainage system in amounts exceeding the standards prescribed by the Utah State Water Pollution Control Board or the State Board of Health.

5.14 Recreation Vehicle and Mobile Homes

It shall be unlawful to place any recreational vehicle on any lot or parcel of land for the use of human habitation.

B. It shall be unlawful to place a mobile home on any lot or parcel of land for the use of human habitation except in compliance with one or more of the following conditions:

1. When temporarily located on a lot which a building is being constructed provide the mobile home is connected to approved water and sewer facilities and is located thereon for not more than one year from the date of the issuance of the building permit for the building. A cash bond of two thousand ($2,000) dollars must be posted with the Town Clerk for the timely removal of said mobile home.

2. The mobile home is located within a designated and approved mobile home park.

3. When placed on a zoning lot that complies with the regulations of the zone in which the mobile home is located provided:

a. The mobile home and site comply with the use, width, location, height, size of building, and special provision requirements for structures within the zone;

b. The mobile home receives an inspection from the Town Building Inspector and complies with the building code;

c. The mobile home was constructed after 1977.

C. Recreational Vehicles located within the Sensitive Overlay Zone are also subject to the provisions in Chapter 9.12.

D. Existing homes, mobile homes, or structures that are a health or safety hazard, as determined to be by the Building Department and the County Health Department or the State Health Department, may be required to be condemned, boarded up, fenced, or restored to a condition that is no longer a health or safety hazard. If any such home, mobile home, or structure has been declared condemned, a new certificate of occupancy must be applied for and issued by the Town of Henefer before it can be used for human habitation or commercial purposes.

5.15 Alternative Energy Generating Facilities

A. Purpose: The purpose of this ordinance is to establish minimum requirements and regulations for the placement, construction, and modification of small wind energy systems and wind metering towers and equipment as defined herein, while promoting the safe, effective, and efficient use of such systems. This ordinance does not address roof-mounted or building-integrated wind energy systems.

B. Design Standards

Height: The height of small wind energy systems shall not exceed 75 feet.

Setbacks: Small wind energy systems shall be set back at a distance equal to 110% of the height of the system from all inhabited structures, overhead utility lines, and public roads or public right-of-ways.

a. Setback Waivers: The Land Use Authority designated to approve the permit shall consider an exception to the minimum setbacks required if the following criteria are met:

i. a signed agreement of consent from abutting property owner(s), and the public right-of-ways and power lines are not impacted by the location.

3. Minimum Blade Height: The minimum height of the lowest extent of a turbine blade shall be 15 feet above the ground.

Color and Finish: The small wind energy system shall be a neutral color that blends with the environment and complies with Federal Aviation Administration (FAA) standards. Gray, beige, and white are recommended.

Lighting: Small wind energy systems shall be lighted as required by the FAA. Spotlights are prohibited unless required by the FAA. Lighting of the small wind energy system beyond FAA standards shall be directed downward and limited to that required for safety and operational purposes.

6. Signage and Advertising Signs: and advertising shall be restricted to reasonable identification of the manufacturer, operator of the small wind energy system, and utility, and safety signs.

7. Access: All access doors, climbing apparatuses, or access ways to towers and electrical equipment shall remain locked and inaccessible by the public.

8. Sound: The small wind energy system and associated equipment shall comply with the existing Henefer Town Noise Ordinance.

Siting Conditions and Property Maintenance

Land Clearing, Soil Erosion, Wildlife and Habitat Impacts: It is recommended that any project be reviewed by the Utah Division of Wildlife prior to groundbreaking. Clearing of natural vegetation shall be limited to that which is necessary for the safe construction, operation, and maintenance of the small wind energy system and is otherwise prescribed by applicable laws, regulations, and ordinances. Once the system is operational, any land that has been disturbed and is not necessary for the functioning of the system shall be reclaimed with natural vegetation within 60 days, weather permitting. Soil erosion is to be mitigated by the use of silt fencing, any accumulated product of which can be used in the site reclamation.

Minimum Lot Size: Small wind energy systems that are less than 80 feet in height may be constructed on lots one acre or less. If the small wind energy system is greater than 80 feet in height, the system must be constructed on a lot greater than one acre.

System Conditions: The applicant shall maintain the small wind energy system in good condition. Maintenance shall include, but not be limited to, painting, mechanical/electrical repairs, structural repairs, and security measures.

Removal and Decommissioning Requirements: Any small wind energy system that has reached the end of its useful life or has been abandoned shall be removed. A small wind energy system shall be considered abandoned when it fails to operate for 24 consecutive months. Upon a Notice of Abandonment issued by the Land Use Authority, the small wind energy system owner will have 60 days to provide sufficient evidence that the system has not been abandoned, or the Land Use Authority shall have the authority to enter the owner's property and remove the system at the owner's expense. Once the system has been removed the owner is then responsible for land reclamation using the natural vegetation that was removed or disturbed upon construction of the project. To the greatest extent possible, the land shall be fully returned to its natural state within five years of the removal and decommissioning of the project. Exceptions may be made for catastrophic circumstances such as a natural disaster or “force majeure.”

5.16 Lighting

A. All residential and commercial lighting shall be downcast and shielded so to be night sky friendly.

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

5.17 Fences

Residential Standards

1. Side Yards and Rear Yards In any required side or rear yard on lots, the height of fences shall not exceed 6 feet in height.

2. Front Yards. Fences in required front yards shall be allowed provided that solid type fences shall not exceed 3 feet in height, and open type fences (for example, chain link fences), shall not exceed 4 feet in height.

3. Corner Lots In addition to the other provisions contained in this Section, fences located on corner lots shall be subject to the following provisions:

Any fence, wall and/or hedge on the front yard setback shall not exceed 3 feet in height if opaque construction, or 4 feet in height if open construction.

In the side yard setback which fronts on a street, height up to 6 feet shall be allowed beyond 30 feet from the intersection measured from the intersection of extended curb lines. Height within the 30foot area shall conform to the requirements of a front yard setback.

Heights on the rear yard setback and interior side yard setback shall not exceed 6 feet.

Lots Within Sensitive Overlay Area: A fence may be built upon a slope greater than 30% provided that the following conditions are met:

Fences shall be located only upon areas constituting buildable areas unless otherwise approved by the Henefer Town Planner.

Black vinyl coated chain link fencing only shall be allowed in order to blend into the native landscaping.

The fence shall be built in accordance to this chapter and comply with all restrictions imposed by setbacks, etc, as defined in this Code

All requirements of the Sensitive Overlay District shall be met prior to the construction of the fence.

Fencing on hillside lots shall only be approved in conjunction with an approved landscape plan in conformance with the General Plan.

Vacant Lots: For the purpose of this Chapter, it shall be presumed that a vacant lot shall contain a minimum front, side and rear yard that are otherwise required by ordinance. In any required side and rear yard on vacant lots, the maximum height of fences or other similar structures shall be 6 feet.

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.

Barbed or Razor Wire. Fences containing strands of barbed wire, razor wire or other similar fencing designed to prevent intrusions are prohibited, unless specifically approved by the Planning Commission for public safety, health or welfare. Such fences include fencing for farm animals and public utility stations.

Exceptions. The provisions of this Section shall not apply to certain other fences such as tennis court backstops or patio enclosures in the front, side or rear yards, if approved by the Planning Commission, if in its opinion they do not create a hazard or violation of other ordinances.

5.18 Project Termination Due to Inaction

If no action has been taken on a project application after six (6) months, then the file is considered closed and the applicant must re-apply under current code and pay all applicable fees.

5.19 Effective Period of Approvals

If a development or building permit is issued and no action is taken within one (1) year, then the approval permit is considered expired and the applicant must re-apply under current code and pay all applicable fees. A one year extension may be considered by the Town Planner and Planning Commission.

Chapter 6 Development Permits

6.01 Conditional Use Permit.................................................................................................... 58

6.02 Low Impact Permit.......................................................................................................... 60

6.03 Temporary Use Permit..................................................................................................... 62

6.04 Sign Regulations.............................................................................................................. 64

6.06 Lot Line Adjustments..................................................................................................... 65

6.01 Conditional Use Permit

Purpose: The purpose and intent of a conditional use is to allow the compatible integration of specified uses which are related to the permitted uses of the district, but which may be suitable and desirable only by compliance with specified conditions. Uses other than permitted uses shall not be allowed unless after appropriate review by the Planning Commission. The Planning Commission may allow a use to be located within any district in which the particular use is allowed as a conditional use by this Ordinance if such use is determined to be compatible, suitable, desirable and related to permitted uses of the district and appropriate conditions are imposed.

Process: A Conditional Use Permit shall be required for all uses listed as conditional uses in each Zone District or elsewhere in the Ordinance. A Conditional Use Permit may be revoked upon failure to comply with conditions of the original approval.

Application: A complete application form for a Conditional Use Permit shall be made by the property owner or certified agent thereof and submitted to the Town Planner.

Fee: The application for any Conditional Use Permit shall be accompanied by the appropriate fee established by resolution of the Town Council. An application form is available from the Zoning Administrator.

Submission Requirements
The application shall be accompanied by maps, drawings, or other documents sufficient to meet the requirements of a site plan review and sufficient information to demonstrate that the general and specific requirements of this Code will be met by the construction and operation of the proposed building, structure, or use.

2. If the development is located within the Sensitive Overlay District, additional provisions in Chapter 9 of this Ordinance also apply.

F. Review & Approval

The Planning Commission must hold a public hearing to receive public comment. After a public hearing has been held the Planning Commission may deny a permit; may grant a permit as applied for; or may grant a permit subject to such requirements and conditions with respect to location, construction, maintenance, operation, and duration of the proposed use or structure as it may deem necessary for the protection of adjacent properties and the public interest. The granting of a Conditional Use Permit shall not exempt the applicant from the applicable requirements outlined in this or other ordinances of Henefer Town or any more restrictive provisions of covenants, agreements or other ordinances or laws.

2. If the development is located within the Sensitive Overlay District, additional provisions in Chapter 9 of this Ordinance also apply.

G. Criteria for Approval

A Conditional Use Permit shall not be granted unless the following criterion are met:
The use or structure shall not degrade the public health, safety, or welfare. It shall be consistent with the general purposes and intent of the zoning ordinance.

It shall comply with all of the applicable terms and requirements of the Zoning Ordinance, including Chapter 5 Supplementary Regulations and Chapter 9 if located in the Sensitive Area Overlay.

It shall be consistent with the "characteristics and purposes" stated for the zoning district involved and with the goals and objectives of the adopted general plan.

It shall be compatible with the public interest and with the characteristics of the surrounding area.

It shall not adversely affect local property values.

Adequate services and infrastructure must be in place, including but not limited to: roads and access for emergency vehicles and residents; fire protection; police protection; schools and school busing; adequate water, sewer, and storm water facilities; and garbage and recycling removal.

2. When necessary, the Planning Commission may attach conditions to fit the use with the surrounding area, and to mitigate any harmful effects; such conditions may include, but are not limited to, the following:

a. Parking.

b. Water, sewer, garbage, and recycling facilities.

c. Landscaping and landscape screening to protect neighboring properties.

d. Requirements for the management and maintenance of the above facilities.

e. Modifications to the site plan or regarding layout or location of uses on the lot.

3. The Planning Commission shall make its decision based upon the facts presented for the record and compliance with the required standards listed above; expressions of support or protest alone shall not constitute the basis of approval or denial.

Conditional Use Permit Approval

1. Building Permit: Following the issuance of Conditional Use Permit by the Planning Commission and site plan review, if required, the Town Planner may approve an application for a building permit and shall ensure that development is undertaken and completed in compliance with said permit.

2. Time Limit: Unless the uses and conditions prescribed in a Conditional Use Permit are implemented within a maximum period of one year of its issuance, the Conditional Use Permit shall expire. The Planning Commission may only grant one extension for a maximum period of six months and only under exceptional circumstances.

I. Conditional Use Appeals

1. All appeals from decisions of the Planning Commission regarding conditional use permits shall be in compliance with the appeal section listed in Chapter 1 of this Ordinance.

2. Except as provided in subsection (C), review of decisions of the Planning Commission shall be confined to the administrative record developed by the Commission.

Revocation: A conditional use permit may be revoked upon failure to comply with the conditions imposed with the original approval of the permit.

6.02 Low Impact Permit

A. Purpose: The purpose of the Low Impact Permit is to provide a process and procedure for reviewing a Low Impact Use. Upon compliance with the provisions of this Section, a Low Impact Use may be approved, approved with conditions, or denied by the Town Planner. Reasonable conditions for the protection and preservation of the public health, safety, and welfare may be necessary.

B. Process: A Low Impact Permit shall be required for all uses listed as Low Impact Uses in each Zone District or elsewhere in the Ordinance. A Low Impact Permit may be revoked upon failure to comply with conditions of the original approval.

1. Application: A complete application form for a Low Impact Permit shall be made by the property owner or certified agent thereof and submitted to the Town Planner.

2. Fee: The application shall be accompanied by the appropriate fee established by resolution of the Town Council.

3. Submission Requirements: The application shall be accompanied by maps, drawings, or other documents sufficient to meet the requirements of a site plan review and sufficient information to demonstrate that the general and specific requirements of this Ordinance will be met by the construction and operation of the proposed building, structure, or use.

4. Review & Approval: The Town Planner may deny a permit; may grant a permit as applied for; or may grant a permit subject to such requirements and conditions with respect to location, construction, maintenance, operation, and duration of the proposed use or structure as it may deem necessary for the protection of adjacent properties and the public interest. The granting of a Low Impact Permit shall not exempt the applicant from the applicable requirements outlined in this or other ordinances of Henefer Town or any more restrictive provisions of covenants, agreements or other ordinances or laws.

C. Criteria for Approval: No Low Impact Permit shall be approved unless the applicant demonstrates that:

1. The use does not significantly increase vehicular traffic or parking demand, unless appropriate mitigation has been contemplated and implemented in an appropriate manner to accommodate the proposal.

2. The use does not intensify the likelihood of pedestrian and vehicular conflicts.

3. The use does not create unsightly conditions, including, but not limited to, unscreened storage and other environmental concerns.

4. Buildings and other structures shall provide a human scale consistent with adjacent development and appropriate to residential uses and adjacent development in the zoning district.

5. The use does not intensify noise levels or odors.

6. The use does not create significant dust and dirt conditions, which cannot be adequately mitigated.

7. The use does not intensify lighting and glare conditions and does not violate night-sky friendly provisions.

8. The use does not create a sudden change in privacy for adjacent owners.

9. The use is generally consistent with the goals and policies of the General Plan.

D. Low Impact Permit Approval

1. Building Permit or Business License: Following the issuance of Low Impact Permit by the Town Planner and site plan review, if required, the Town Planner may approve an application for a building permit or business license and shall ensure that development or use is undertaken and completed in compliance with said permit.

2. Time Limit: Unless the uses and conditions prescribed in a Low Impact Permit are implemented within a maximum period of one year of its issuance, the Low Impact Permit shall expire. The Planning Commission may only grant one extension for a maximum period of six months and only under exceptional circumstances.

6.03 Temporary Use Permit

A. Purpose: The purpose and intent of the Temporary Use Permit is to allow within the Town of Henefer certain uses which are transitory in nature, as either accessory or seasonal uses, in a manner that will assure compatibility with the zone district and adjacent properties.

B. Process

1. Application: A complete application form shall be made by the property owner or certified agent thereof and submitted to the Town Planner.

2. Fee: The application shall be accompanied by the appropriate fee established by resolution of the Town Council.

3. Submittal Information: An application for a Temporary Use Permit shall be accompanied by the following information:

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

b. A description of the lot or property on which the requested use is to be conducted. If the applicant is not the owner of the property, the ownership shall be identified along with evidence of permission of the owner for such temporary use to take place.

c. Vicinity Map.

d. Sufficient information to determine the yard requirements, sanitary facilities and availability of parking to serve the use.

4. Review and Approval: An application for a Temporary Use Permit shall be made to the Town Planner at least 15 days prior to the date of requested review by the Planning Commission. The Planning Commission may deny an application or issue a Temporary Use Permit. In authorizing a temporary use, the Planning Commission shall impose such requirements and conditions as considered necessary for the protection of adjacent properties and the public welfare in conformance with standards as provided in this Section.

C. Standards for Temporary Uses: A Temporary Use shall comply with general standards as provided below plus any additional conditions as may be established by the Planning Commission

1. Acceptable space shall be available for any off-street parking and traffic circulation generated by the use.

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

3. Any required night lighting shall be compatible with adjacent uses and meet the lighting standards in Chapter 5 of this ordinance.

4. Hours of operation shall be compatible with adjacent uses.

5. Any signs must be in accordance with the sign ordinance and must be approved by the Town Planner.

6. No use shall be placed in the public right-of-way.

7. When applicable, the use must comply with the Town’s Business License regulations.

D. Expiration: Each Temporary Use Permit shall bear an expiration date based upon the nature of the use. The maximum permitted days for the following specific uses are listed below:

1. Produce Stand/Farmer’s Market - growing season (generally the summer months)

2. Seasonal Sales - expiration date based on the use.

3. Contractors Office – upon building completion, or maximum of one year

4. Road Side Stand/Temporary Retail Sales 15 consecutive days twice a calendar year per applicant/use

5. Carnival/Special Event, includes all accessory uses - 15 consecutive days in a calendar year per applicant

6. Temporary Trailer for Retail Sales and/or Office Space - 6 months (no renewal available)

7. Any use in excess of limits above requires conditional use approval.

E. Revocation of Temporary Use Permit.

1. The Town Planner shall, upon reasonable notice may suspend or revoke the temporary use permit of any person who violates any of the provisions of this chapter or any of the conditions set forth on their permit.

2. If, at any time, a permit under the provisions of this Chapter is suspended or revoked, it shall thereafter be unlawful for any person to operate, open, maintain, manage or conduct the temporary use until a new permit is granted.

F. Bond Required: The Town Planner and or Planning Commission may require a bond to be submitted prior to the issuance of a Temporary Use Permit. The following list of uses and bond amounts is not all inclusive and may change based on scale and intensity of the temporary use.

1. Firework Stands: A bond shall be posted with the Town in the amount of $1500 for the purposes of operating a fireworks stand.

2. Special Event and Accessory Uses: A personal injury certificate of insurance with a minimum of $100,000/$300,000, shall be posted as well as a $1,000 cleanup bond. The insurance shall have an indemnification of Henefer Town.

3. Other Temporary Uses: All other temporary uses shall post a certificate of insurance.

6.04 Sign Regulations

Purpose: The purpose of this Section is to create an attractive economic and business climate that also enhances the aesthetic appearance of the community by implementing outdoor advertising regulations that promote and protect the public health, safety and welfare of the general public and protect property values. It is further intended to reduce signs or advertising distractions and obstructions that may contribute to clutter or traffic accidents.

B. Process: Regardless of cost, no sign shall be erected or placed within the Town without first making application for and obtaining a sign permit and/or building permit. Temporary signs are exempt from a permit, but are still subject to the regulations listed in Chapter 5.

1. Application: A complete application form for a Sign Permit shall be made by the property owner or certified agent thereof and submitted to the Town Planner for review.

2. Fee: The application shall be accompanied by the appropriate fee established by resolution of the Town Council.

3. Submission Requirements: The application shall be accompanied by a site plan indicating the location, size, height, lighting, and material of the sign(s), drawings, or other documents sufficient to meet the requirements of a sign review and sufficient information to demonstrate that the general and specific requirements of this Ordinance will be met by the installation of the proposed sign.

Review & Approval: The Town Planner shall review the application in accordance with the sign regulations listed in Chapter 5 of this Ordinance.

6.06 Lot Line Adjustments^{^[1]}

A. Purpose: When altering any property line that is not located within a recorded subdivision plat, the Town Planner must review to ensure that the proposed alteration is in accordance with this Ordinance and to verify and maintain “lot of record” status.

B. Application: A complete application form for a Lot Line Adjustment shall be made by the property owner or certified agent thereof and submitted to the Town Planner for review.

C. Fee: The application shall be accompanied by the appropriate fee established by resolution of the Town Council.

Submission Requirements: The application shall be accompanied by a site plan indicating the existing and proposed property line location, easements, rivers, water bodies, wetlands, roads, floodplains, or other documents sufficient to meet the requirements of property line alteration review and sufficient information to demonstrate that the general and specific requirements of this Ordinance will be met.

Review Process

1. The Petition shall be reviewed and approved by the Town Planner prior to recordation of the lot line adjustment with the Summit County Recorder's Office.

2. Petitions to adjust lot lines between adjacent properties may be executed upon the recordation of an appropriate deed if:

a. No additional building lots result from the lot line adjustment;

b. the adjoining property owners consent to the lot line adjustment;

c. the lot line adjustment does not result in remnant land that did not previously exist; and

the adjustment does not result in violation of applicable zoning requirements.

Chapter 7 Sign Regulations

7.01 Purpose............................................................................................................................ 67

7.02. Sign Regulations.............................................................................................................. 67

7.03 Sign Types....................................................................................................................... 67

7.04 Sign Standards................................................................................................................. 68

7.01 Purpose

The purpose of this Section is to create an attractive economic and business climate that also enhances the aesthetic appearance of the community by implementing outdoor advertising regulations that promote and protect the public health, safety and welfare of the general public and protect property values. It is further intended to reduce signs or advertising distractions and obstructions that may contribute to clutter or traffic accidents.

7.02. Sign Regulations

Regardless of cost, no sign shall be erected or placed within the Town without first making application for and obtaining a sign permit and/or building permit in accordance with Chapter 6.

Temporary signs are exempt from a permit, but are still subject to the regulations listed in Chapter 5.

7.03 Sign Types

A. Temporary Signs: With the exception of real extate signs, one temporary sign is permitted per street frontage per parcel or use. It may not exceed eight (8) square feet and cannot exceed four (4) feet in height. The sign cannot be illuminated and cannot be displayed for more than thirty (30) days in a calendar year.

Off-Premise Signs Prohibited: No sign shall be erected on a parcel other than the specific parcel on which the use or activity advertised on the sign is located. Exceptions include directional signs for events when permitted.

C. Home/premise occupation Signs: Home occupation signs may utilize name plates or signs indicating the existence of a home occupation. One unanimated, non-illuminated flat sign may be permitted for each street upon which the dwelling fronts. The sign must be placed either in a window or on the exterior wall of the dwelling for each street upon which the dwelling fronts.

7.04 Sign Standards

A. Setbacks: All advertising signs shall be set back from a public street a distance at least equal to the distance that a building is required to be set back within the zone in which said signs are located. Freestanding signs shall be setback at least ten (10) feet from any property or right-of-way line and cannot obstruct a clear line of sight for motorists.

1. Highway Signs: In addition to the requirements of this Ordinance, all signs located within six hundred sixty (660) feet of the right-of-way line of a federally or State designated highway must first be approved by the Utah Department of Transportation (UDOT) and shall conform to the standards and regulations for such signs established by the State of Utah. Any approval or permits required by said regulations shall be in addition to the sign and building permit requirements herein. Construction or placement of a sign shall not be commenced until all approvals and permits have been obtained.

B. Size of Signs: The maximum allowable sign area is thirty-two (32) square feet and cannot exceed twenty (20) feet in height. Exceptions to this standard are listed below:

1. Signs in Residential Zones

a. No advertising signs of any kind shall be allowed in any residential zone, except signs pertaining to the sale or lease of residential property on which the sign is located and not to exceed twenty (20) square feet.

b. The home/premise occupation may not have an area greater than six (6) square feet.

2. Signs in Non-Residential and Commercial Overlay Zones

a. Building Signs: Each use may be allowed one (1) square foot of building sign area for each three (3) lineal feet of building frontage, up to a maximum of thirty-two (32) square feet of sign area per building frontage. Maximum height of building sign shall be twenty (20) feet above grade.

C. Freestanding Signs: One freestanding sign per project area may be allowed if:

a. The road frontage of the project area is greater than 100 feet in length; or

b. the sign identifies a building with multiple tenants or buildings; or

c. the use or business does not contain a structure on which to place a building sign.

Lighting: No spotlight, floodlight, luminous tubes or lighted sign shall be installed in any way which will permit the direct rays of such light to penetrate into any residential zone or onto any property used for residential purposes. All lighting must be night-sky compliant and fully shielded to only light the sign face. Illuminated signs that contain blinking, flashing, or intermittent lights are prohibited.

E. Material: All signs shall be constructed so the exposed surfaces complement the material and color scheme of the building or primary use of the property. Signs shall be constructed of durable material.

Non-conforming Signs: Non-conforming signs shall be required to conform or be removed on the happening of any of the events described below:
1. When a non-conforming sign is destroyed or damaged to an extent in excess of fifty percent (50%) of the sign value.
2. The sign is relocated in any manner.
If the sign is altered structurally, or if more than fifty percent (50%) of the copy, as measured by the sign area, is altered, except for changeable copy signs and maintenance.
If the business or service for which the non-conforming sign was installed is expanded or modified. All improvements to a single business or use within any twelve (12) month period shall be treated cumulatively in the administration of this subsection.

Chapter 8 Establishment of Zones

8.01 Zones Established............................................................................................................ 70

8.02 Official Zone Map............................................................................................................ 70

8.03 Boundaries of Zones........................................................................................................ 71

8.04 Regulations within Zones................................................................................................ 71

8.05 RA-1 Residential Agricultural Zone................................................................................ 71

8.06 R-1 Residential Zone....................................................................................................... 73

8.07 R-2 Residential Zone....................................................................................................... 75

8.08 Commercial Overlay........................................................................................................ 77

8.09 I-1 Light Industrial/Manufacturing Zone......................................................................... 77

8.10 Commercial-1 (Retail)..................................................................................................... 78

8.11 Commercial-2 (Service)................................................................................................... 78

8.12 Public Facilities Zone...................................................................................................... 79

8.13 Use Chart.......................................................................................................................... 80

8.01 Zones Established

In order to carry out the purposes of this Ordinance, Henefer Town, Utah is hereby divided into zones as follows:

RA-1 Residential Agricultural Zone

R-1 Residential Zone

R-2 Residential Zone

L-I Light Industrial/Manufacturing Zone

C-1 Commercial Zone and Overlay

C-2 Service Commercial Zone

P-F Public Facilities

8.02 Official Zone Map

A. The location and boundaries of each of the zones are shown on the Official Zone Map of Henefer Town, Utah and said Map is hereby declared to be an official record and a part of this Ordinance.

B. Whenever amendments or changes are made in zone boundaries such amendments or changes shall be made on the Official Zone Map promptly. No amendment or change shall become effective until after it has been passed by Ordinance from the Town Council and properly noted and attested to on the Official Zone Map.

C. No changes of any nature shall be made in the Official Zone Map except in conformity with the procedure set forth in this Ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this Ordinance .

D. Regardless of the existence of purported copies of the Official Zone Map which may from time to time be made or published, the Official Zone Map shall be the final authority in determining the current zoning status.

8.03 Boundaries of Zones

Where uncertainty exists with respect to the boundaries of various zones, the following rules shall apply:

A. Where the intended boundaries are approximately street or alley lines, said street or alleys shall be construed to be the zone boundaries.

B. Where the indicated boundaries are approximately lot lines, said lot lines shall be construed to be the zone boundaries, unless otherwise indicated.

C. Where land has not been subdivided into lots, the zone boundary shall be determined by the use of the scale of measurement shown on the map.

D. Where other uncertainty exists, the Planning Commission shall interpret the map.

8.04 Regulations within Zones

Within each of the zones, the use, location, height, and size of buildings and structures; the use of land and size of lots, yard, courts, and other open spaces; and the density of population are regulated as hereinafter set forth.

8.05 RA-1 Residential Agricultural Zone

A. Objectives and Characteristics of the Zone: The RA-1 Residential Agricultural Zone has been established for the primary purpose of providing a location where residential development associated with limited numbers of livestock can be maintained. This zone is currently characterized by large lots or tracts of land interspersed by dwellings, barns, corrals and agricultural service buildings used in connection with farming operations. While the zone is thus characterized, it is intended that the land within this zone shall be further developed into a residential environment exclusive of commercial production of animals and fowl. Builders and developers of property should bear in mind therefore that primacy is given in this zone to residential development and that the commercial raising of animals and fowl will likely be curtailed as residential development takes place.

B. Permitted Uses: In order to accomplish the objectives and purposes of this ordinance and to stabilize and protect the essential characteristics of this zone the allowed and permitted uses are listed in the Use Chart and the following regulations shall apply:.

1. Area Requirements: The minimum building site area shall be one recorded lot or parcel of land not less than one-half (2) acre . For a multi-family dwelling the minimum requirement is ¾ quarters of an acre for a duplex and one acre for a three or four-plex.

2. Width and Road Frontage RequirementsThe minimum width requirement for any building site shall be one hundred-twenty (120) feet which shall abut along a public street.

3. Location Requirements

a. Front Setback: All buildings and structures shall be setback at least 30 feet from the front lot line, or fifty-five (55) feet from the centerline of the road, whichever is greater.

b. Side Setback: All dwellings shall be set back from the side property lines a distance of at least ten (10) feet. The minimum side setback for accessory buildings shall be the same as for the main buildings, except that three (3) foot side setback shall be allowed provided that the building is at least twelve (12) feet in the rear of any dwelling. A three (3) foot setback shall be allowed on structures that are not permanently attached to the ground and are behind the main structure. (Amended Oct. 6, 2020)

c. Side Setback (corner lots): No structure shall be placed on any corner lot within a triangular area formed by the intersection of straight lines extended from the lot line and a line connecting them at points twenty (20) feet from the intersection of the lot line. A three (3) foot setback shall be allowed on structures that are not permanently attached to the ground and are behind the main structure. (Amended Oct. 6, 2020)

d. Rear Setback B All dwellings shall be setback from the rear property line a minimum of twenty (20) feet. Accessory buildings shall have a ten (10) foot rear setback, except that buildings which have fire restrictive walls rated two (2) hours or greater, and provide for proper roof drainage not onto abutting properties, may have a zero rear lot line setback. A three (3) foot setback shall be allowed on structures that are not permanently attached to the ground and are behind the main structure. (Amended Oct. 6, 2020)

4. Height and Size of Dwellings

a. The maximum height for a dwelling shall be thirty (30) feet, unless except that a variance is granted by the Board of Adjustment.

b. The minimum floor area of any one-family dwelling shall be not less than 1,100 square feet.

5. Special Provisions: See also Supplementary Requirements as outlined in Chapter 5 of this Ordinance and all other applicable procedures and permits required.

6. Domestic Livestock

a. Quantity- The care and keeping of domestic livestock and fowl shall be permitted in this zone without restriction as to number; along with barns, stables, corrals, feed yards, pens, coops, and other structures for the keeping of such livestock or fowl.

b. Residential Subdivisions- Residential lots (lots not expressly platted as “Agricultural lots or parcels”) in a subdivision shall be limited to no more than 100 animal points (as defined by this code) per acre of land. Animal points shall be calculated on a pro-rated basis for lots less than one acre in size.

c. Nuisance- Any keeping of animals or livestock within a residential subdivision which is found to be a nuisance due to noise, odor, cleanliness, safety, failure to contain (i.e. Fencing) or other health concerns shall be required to obtain a Conditional Use Permit.

d. Temporary/Conditional Use Permit: Property owners of lots in residential subdivision may apply for a Temporary or Conditional Use Permit from the Planning Commission to exceed the prescribed animal points allowed per acre on a permanent basis or for short periods of time or in order to keep FFA/4-H projects or to reduce grazing material or plant growth. The applicant must submit a schedule for the temporary or conditional use permit and adjacent property owners shall be notified of the hearing in accordance with this Code.

e. Livestock Points

Large Animals: Horses, Cattle. 40 points

Medium Animals: Llamas, Sheep, Goats. 5 points

Small Animals/Fowl: Chickens, other fowl 1 point

*animals not specifically listed may be approved upon review by the Planning Commission.

8.06 R-1 Residential Zone

A. Objectives and Characteristics of the Zone: The R-1 Residential Zone is designed to provide for single-family residential development located on larger lots and facilities designed to serve the residents of the zone. In order to accomplish the objectives and purposes of this Ordinance and to stabilize and protect the essential characteristics of this zone, the following regulations shall apply in the R-1 Residential Zone:

Permitted Uses: The buildings, structures and uses of land shall be allowed and permitted in accordance with Use Chart and upon compliance with requirements as set forth in this Ordinance.

C. Area Requirements:The minimum building site area shall be one recorded lot or parcel of land not less than twelve thousand (12,000) sq. feet for single dwelling, sixteen thousand (16,000) square feet or a duplex, twenty-three thousand sq. feet (23,000) for a three-plex, and thirty thousand (30,000) square feet for a four-plex.

D. Width and Road Frontage Requirements: The minimum width requirement for any building site shall be one hundred ten (110) feet which shall abut along a public street.

E. Location Requirements

1. Front Setback: All buildings and structures shall be setback at least 25 feet from the front lot line, or fifty-five (55) feet from the centerline of the road, whichever is greater.

Side Setback: All dwellings shall be set back from the side property lines a distance of at least ten (10) feet .The minimum side setback for accessory buildings shall be the same as for the main buildings, except that three (3) foot side setback shall be allowed provided that the building is at least twelve (12) feet in the rear of any dwelling. A three (3) foot setback shall be allowed on structures that are not permanently attached to the ground and are behind the main structure. (Amended Oct. 6, 2020)

Side Setback (corner lots): No structure shall be placed on any corner lot within a triangular area formed by the intersection of straight lines extended from the lot line and a line connecting them at points twenty (20) feet from the intersection of the lot line. A three (3) foot setback shall be allowed on structures that are not permanently attached to the ground and are behind the main structure. (Amended Oct. 6, 2020)

Rear Setback: All dwellings shall be setback from the rear property line a minimum of fifteen (15) feet. Accessory buildings shall have a ten (10) foot rear setback, except that buildings which have fire restrictive walls rated two (2) hours or greater, and provide for proper roof drainage not onto abutting properties, may have a zero rear lot line setback. A three (3) foot setback shall be allowed on structures that are not permanently attached to th eground and are behind the main structure. (Amended Oct 6, 2020)

F. Height Size of Dwellings

1. The maximum height for a dwelling shall be thirty (30) feet, unless except that a variance is granted by the Board of Adjustment.

2. The minimum floor area of any one-family dwelling shall be not less than 1,100 square feet.

G. Special Provisions: See also the Supplementary requirements outlined in Chapter 5 and the applicable procedures and permits required.

Domestic Livestock
Quantity- The care and keeping of domestic livestock and fowl shall be permitted in this zone without restriction as to number; along with barns, stables, corrals, feed yards, pens, coops, and other structures for the keeping of such livestock or fowl upon undeveloped or vacant parcels.

2. Residential Subdivision Lots-Residential lots (lots not expressly platted “Agricultural lots or parcels”) in a subdivision shall be limited to no more than 100 animal points (as defined by this code) per acre of land. Lots less than one-half acre shall require either a conditional use permit or temporary permit as permitted in this section. Animal points shall be calculated on a pro-rated basis for lots greater than or less than one acre in size.

Temporary/Conditional Use Permit: Property owners of lots in residential subdivision which contain less than one-half acre may apply for a Temporary or Conditional Use Permit from the Planning Commission to allow either the permanent care and keeping of livestock or temporary livestock grazing, for short periods of time in order to reduce grazing material or plant growth. The applicant must submit a schedule for the permit and adjacent property owners shall be notified of the hearing in accordance with this Code.

Property owners of lots in residential subdivision may apply for a Temporary Use Permit from the Planning Commission to exceed the prescribed animal points allowed per acre, for short periods of time in order to keep FFA/4-H projects or to reduce grazing material or plant growth. The applicant must submit a schedule for the temporary permit and adjacent property owners shall be notified of the hearing in accordance with this Code.

Livestock Points

Large Animals: Horses, Cattle. 40 points

Medium Animals: Llamas, Sheep, Goats. 5 points

Small Animals/Fowl: Chickens, other fowl. 1 point

*animals not specifically listed may be approved upon review by the Planning Commission.

8.07 R-2 Residential Zone

A. Objectives and Characteristics of Zone: the R-2 Residential Zone covers the portion of the Town which is primarily suited for dense residential development represented by a commingling of one-family and multi-family dwellings, plus parks, play grounds, schools, churches, and other community facilities designed to serve the residents of the zone. Owners and developers of property within this zone should bear in mind that primacy is given to residential development and maintain their properties in recognition thereof.

In order to accomplish the objectives and purposes of this Ordinance and to stabilize and protect the essential characteristics of this zone, the following regulations shall apply in the R-2 Residential Zone.

B. Permitted Uses: The buildings, structures and uses of land shall be allowed and permitted in accordance with Use Chart and upon compliance with requirements as set forth in this Ordinance.

C. Area Requirements: The minimum building site area shall be one recorded lot or parcel of land not less than thousand eight thousand (8,000) square feet for each one-family dwelling, plus seven thousand (7,000) square feet for each additional dwelling unit. (amended Sept. 3, 2002)

D. Width and Road Frontage Requirements: The minimum width requirement for any building site shall be eighty (80) feet plus twenty (20) feet for each additional dwelling unit, which shall abut along a public street. (amended Sept. 3, 2002)

E. Location Requirements

1. Front Setback all buildings and structures shall be setback at least 25 feet from the front lot line, or fifty-five (55) feet from the centerline of the road, whichever is greater.

2. Side Setback: All dwellings shall be set back from the side property lines a total distance of at least twenty (20) feet, with a minimum of at least eight (8) feet on one side. The minimum side setback for accessory buildings shall be the same as for the main buildings, except that three (3) foot side setback shall be allowed provided that the building is at least twelve (12) feet in the rear of any dwelling. (amended Sept. 3, 2002) A three (3) foot setback shall be allowed on structures that are not permanently attached to the ground and are behind the main structure. (Amended Oct 6, 2020)

3. Side Setback (corner lots): No structure shall be placed on any corner lots within a triangular area formed by the intersection of straight lines extended from the lot line and a line connecting them at points twenty (20) feet from the intersection of the lot line. A three (3) foot setback shall be allowed on structures that are not permanently attached to the ground and are behind the main structure. (Amended Oct 6, 2020)

4. Rear Setback: All dwellings shall be setback from the rear property line a minimum of fifteen (15) feet. Accessory buildings shall have a ten (10) foot rear setback, except that buildings which have fire restrictive walls rated two (2) hours or greater, and provide for proper roof drainage not onto abutting properties, may have a zero rear lot line setback. A Three (3) foot setback shall be allowed on structures that are not permanently attached to the ground and are behind the main structure. (Amended Oct 6, 2020)

F. Height and Size of Dwellings

1. The maximum height for a dwelling shall be thirty (30) feet, unless except that a Special Exception is granted by the Board of Adjustment.

2. The minimum floor area of any one-family dwelling shall be not less than 1,100 square feet.

G. Special Provisions: See also the Supplementary requirements outlined in Chapter 5 and all applicable procedures and permits identified in this Ordinance.

8.08 Commercial Overlay

The purpose of the Commercial Overlay Zone is to allow for commercial uses in a select area of Henefer’s Main Street to encourage economic development and a centralized commercial district for residents and visitors.

8.09 L-1 Light Industrial/Manufacturing Zone

A. Objectives and Characteristics of the Zone: The I-1 Light Industrial/ Manufacturing Zone is designed to provide places where manufacturing, processing, warehousing and fabrication of goods and materials can be carried on with minimum conflict or deleterious effects upon surrounding properties. It is also intended in this zone to promote the economic well-being of the people and to broaden the tax base.

This zone is characterized by a mixture of industrial, manufacturing, and processing establishments with intermittent open land that is served by streets, power, water, and other utilities and facilities or where such facilities can be readily provided.

B. Permitted Uses: In order to accomplish the objectives an purposes of this Ordinance and to stabilize and protect the essential characteristics of this zone, the permitted and prohibited uses are identified in the Use Chart and the following regulations shall apply in the L-1 Light Industrial/Manufacturing Zone:

C. Area Requirements: There shall be no area requirements except that an area sufficient t accommodate location requirements, off street parking, loading and unloading, and vehicular access shall be provided and maintained.

D. Width and Road Frontage Requirements: The minimum width requirement for any building site shall be fifty (50) feet which shall abut along a public street.

E. Location Requirements

1. Front Setback: All buildings and structures shall be setback at least 20 feet from the front lot line, or fifty-five (50) feet from the centerline of the road, whichever is greater.

2. Side Setback: none

3. Side Setback (corner lots): The side setback from any street shall be not less than twenty (20) feet from the lot line for both main and accessory buildings.

4. Rear Setback: none

F. Height: The maximum building or structure height shall be 40 feet, except unless a special exception is granted by the Board of Adjustment.

G. Special Provisions: See also the Supplementary requirements outlined in Chapter 5 and the applicable procedures and permits identified in this Ordinance.

8.10 Commercial-1 (Retail)

A. General Provisions: It is the intent of this Ordinance to allow for convenient access from all areas of the Town to places where residents can obtain daily household necessities and where the traveling public may also obtain goods and services.

B. Permitted Uses: In order to accomplish this objective the following buildings, structures and uses of land shall be permitted upon compliance with the Use Chart and the following requirements.

C. Area, Width, Location and Height Requirements

There shall be no lot size or width requirement for any building in the C-1 Zone, except for the accommodation of landscaping and parking requirements. Buildings and structures shall be located a minimum of ten (10) feet from any right-of-way line and shall not encroach upon the clear view area of any corner lot. Buildings shall be setback from side property lines 10 feet, unless a zero lot line has been approved by the Planning Commission for the purposes adjoining neighboring buildings and uses. Buildings shall be a maximum of 40 feet in height, unless a special exception has been granted by the Board of Adjustment for additional building height.

D. Special Provisions

1. All off street parking space shall be hard surfaced and all tanks for the storage of gasoline and other flammable liquids shall be installed in accordance with the regulations and requirements as contained in the fire prevention code of Henefer Town.

2. The required front and side setbacks may be landscaped in accordance with an approved landscape plan. Required front and side setback areas may not be used for parking.

3. Failure to maintain the landscaping shall be cause to terminate the right to operate any retail or commercial use.

8.11 Commercial-2 (Service)

A. General Provisions: It is the intent of this Ordinance to allow for an area of Town which allows a more intensive commercial activities and offer employment opportunities to local residents with convenient access.

C. Area, Width, Location and Height Requirements

There shall be no lot size or width requirement for any building in the C-2 Zone, except for the accommodation of landscaping and parking requirements. Buildings and structures shall be located a minimum of ten (10) feet from any right-of-way line and shall not encroach upon the clear view area of any corner lot. Buildings shall be setback from side property lines 10 feet, unless a zero lot line has been approved by the Planning Commission for the purposes adjoining neighboring buildings and uses. Buildings shall be a maximum of 40 feet in height, unless a special exception has been granted by the Board of Adjustment for additional building height.

D. Special Provisions

2. The required front and side setbacks shall be landscaped in accordance with an approved landscape plan. Required front and side setback areas may not be used for parking.

3. Failure to maintain the landscaping shall be cause to terminate the right to operate any retail or commercial use.

8.12 Public Facilities Zone

A. General Provisions

The Public Facilities (P-F) Zone is established to provide areas for the location and establishment of facilities which are maintained for public or quasi-public use. The P-F Zone should be created in areas which are suitable and compatible with neighboring zones, possibly providing A buffer@ areas where appropriate.

C. Area, Width, Location and Height Requirements

There shall be no lot size or width requirement for any building in the P-F Zone, except for the accommodation of landscaping and parking requirements. Buildings and structures shall be located a minimum of ten (10) feet from any right-of-way line and shall not encroach upon the clear view area of any corner lot. Buildings shall be setback from side property lines 10 feet, unless a zero lot line has been approved by the Planning Commission for the purposes adjoining neighboring buildings and uses. Buildings shall be a maximum of 40 feet in height, unless a special exception has been granted by the Board of Adjustment for additional building height.

D. Special Provisions

1. All off street parking space shall be hard surfaced, unless expressly permitted by the Town Council and all tanks for the storage of gasoline and other flammable liquids shall be installed in accordance with the regulations and requirements as contained in the fire prevention code of Henefer Town.

2. The required front and side setbacks shall be landscaped in accordance with an approved landscape plan. Required front and side setback areas may not be used for parking.

8.13 Use Chart

A= Allowed L= Low Impact Permit C= Conditional Use Permit S=Sign Permit X= Prohibited T=Temporary

Zones:	RA-1	R-1	R-2	C-1	C-2	L-I	P-F	Additional Reference
AGRICULTURE
Agriculture Production & Related Activities -non-commercial	A	A	A	A	A	A	A	Ord. 2005-152 and 5.02-D
Agriculture Production & Related Activities- Large Scale or non-residential	C	X	X	X	X	C	X
Concentrated Animal Feeding Operations (CAFO)	X	X	X	X	X	X	X
Agricultural Structures	A	L	L	L	L	L	A	5.02-D
Temporary Agricultural Sales Stand	T	T	T	T	T	T	T	5.06
Community Garden	A	A	A	A	A	A	A
RESIDENTIAL
Single-family residence and accessory buildings thereto	A	A	A	A	A	X	X
Accessory Apartments limited to 1,000 sq. ft. in size,	C	C	C	C	C	X	X
Multi-family dwellings	C	C	C	X	X	X	X
On-site employee housing	X	X	X	L	L	L	X
Home Occupations and Premises Occupations	A	A	A	X	X	X	X	5.05
Mobile Home Parks	C	C	C	X	X	X	X
UTILITIES
Utility Lines, Underground (i.e. natural gas, water, sewer, telephone, cable, power, etc.)	A	A	A	A	A	A	A	5.08

Zones:	RA-1	R-1	R-2	C-1	C-2	L-I	P-F	Additional Reference
Public Utility Towers and associated transmission and distribution lines 45 feet in height or less	C	C	C	L	L	L	L	5.08
Public Utility Transmission & Distribution towers and towers greater than 45 feet in height (power, telephone, etc.)	C	C	X	C	C	C	C	5.08
Utility Transmission & Distribution lines exceeding 12 inches diameter, Underground (i.e., gas, oil, water, sewer, etc.).	C	C	C	C	C	C	C	5.08
Public Utility structures and facilities	C	C	C	C	C	C	C	5.08
Public Sewer Facilities	C	X	C	C	C	C	C	5.08
Power Transfer Stations	C	X	X	C	C	C	C	5.08
Wind Energy system, small	L	C	C	L	L	L	C	5.15
Solar photovoltaic systems, pole mount	L	C	C	L	L	L	C	5.15
Solar photovoltaic systems, roof mount	A	A	A	A	A	A	A	5.15
Power Plants	X	X	X	X	X	X	X
Telecommunications Co-location	C	X	X	X	X	C	C
Telecommunications Towers: Limited to a maximum height of 150’	C	X	X	X	X	C	X

Signs	S	S	S	S	S	S	S	7
Trails	L	L	L	L	L	X	A	9.05-D
Non-conforming use or structure, expansion	C	C	C	C	C	C	C
COMMERCIAL/INDUSTRIAL
Rest Home	C	C	C	C	C	X	C
Kennels Class I	C	C	X	C	C	C	X
Kennels Class II	C	C	C	C	C	C	C
Day Care Nurseries (1-6 kids)	L	L	L	L	L	X	L	5.05
Day Care Nurseries (7-18 kids)	L	C	C	C	C	X	L	5.05
Preschool (6-24 kids)	C	C	C	C	C	X	C	5.05
Office structures	X	X	X	C	C	C	C
Cafes & food drive-ins	X	X	X	C	C	X	X
Banks	X	X	X	C	C	X	X
recreation vehicle courts	C	C	X	X	X	X	X
Theaters	X	X	X	C	C	X	X
Zones:	RA-1	R-1	R-2	C-1	C-2	L-I	P-F	Additional Reference
Animal Hospitals	C	X	X	C	C	C	C
Houses of worship, including churches and other religious institutions	C	C	C	C	C	X	C
Institutional uses including fire stations, private schools and public or quasi-public buildings	C	C	C	C	C	X	L
Storage Units	X	X	X	X	C	L	C
Industrial uses, including manufacturing, compounding, Processing, fabrication, and warehousing of goods and materials	X	X	X	X	C	C	X
Storage yards for heavy equipment and material (coal, sand, etc.)	X	X	X	X	X	C	C
Concrete Mixing Plants	X	X	X	X	X	C	X
Automobile wrecking and salvage yards	X	X	X	X	X	C	X
Retail Establishments less than 5,000sqft in size	C	C	X	C	C	X	C
Retail Establishments greater than 5,000 and less than 15,000 sq. ft. in size	C	X	X	C	L	C	C
Service Commercial 5000 sqft or less.	C	X	X	C	C	C	C
Service commercial not to exceed 5000 sqft	X	X	X	X	C	C	C
Sexually Oriented Businesses	X	X	X	X	X	C	X
Auto, Truck, Recreational Vehicle Sales & Rental	C	X	X	C	C	C	X
Automotive Service Stations	C	X	x	C	C	C	X
Service enterprises such as construction services, light manufacturing, photographic processing, and similar service enterprises and buildings and structures related thereto;					C	C
Mobile Home Parks	C	C	C	X	X	X	X

Chapter 9 Sensitive Area Overlay & Floodplain Regulations

9.01 Sensitive Overlay Purpose............................................................................................... 84

9.02 Scope and Application..................................................................................................... 86

9.03 Density and Lot Size........................................................................................................ 86

9.04 Lot Coverage and Buildable Area.................................................................................... 87

9.05 Hillside Development...................................................................................................... 88

9.06 Floodplain Development.................................................................................................. 98

9.07 Abrogation and Greater Restrictions............................................................................. 100

9.08 Building Permit Review................................................................................................. 101

9.09 Responsibility of The Town Planner............................................................................. 101

9.10 Interpretation of FIRM Boundaries............................................................................... 102

9.11 Appeals........................................................................................................................... 102

9.12 Development Standards................................................................................................. 103

9.01 Sensitive Overlay Purpose

Purpose: This Chapter shall provide standards, guidelines and criteria having the effect of minimizing flooding, erosion and other environmental hazards and protecting the natural scenic character of the hillside areas and ensuring the efficient expenditure of public funds.

The standards, guidelines and criteria established by this Chapter shall include, but shall not be limited to, the following:

The protection of the public from natural hazards of storm water runoff and erosion by requiring drainage facilities and the minimal removal of natural vegetation.

The minimization of the threat and consequential damages of fire in hillside areas by establishing fire protection measures.

The preservation of natural features, wildlife habitat and open space.

The preservation of public access to mountain areas, the Weber River, and natural drainage channels.

The retention of natural topographic features such as drainage channels, streams, ridge lines, rock outcroppings, vistas, trees and other natural plant formations.

The preservation and enhancement of visual and environmental quality by use of natural vegetation and the prohibition of any excessive excavation and any terracing.

The assurance of an adequate transportation system for the total hillside area to include consideration of the approved Eastern Summit County Transportation Master Plan of the Town. This system design will consider densities and topography with minimal cuts, fills or other visible scars.

The establishment of on-site and off-site traffic facilities that ensure ingress and egress for vehicles including emergency vehicles into all developed areas at any time.

The encouragement of a variety of development designs and concepts that are compatible with the natural terrain of the sensitive areas and will preserve open space and natural landscape.

The establishment of land use management criteria that will encourage protection of natural elements while allowing a harmonious and satisfying residential environment.

The encouragement of location, design and development of building sites to provide maximum safety and human enjoyment while adapting the development to the best use of the natural terrain.

The encouragement of the use of creative design teams composed of professional landscape architects, engineers and others.

The encouragement of a regard for the view of the hillsides as well as a view from the hillsides and the scenic viewshed of the Weber River.

Scope:

1. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this ordinance and other applicable regulations.

2. Abrogation and Greater Restrictions: This ordinance is not intended to repeal, abrogate, or impair any existing ordinance. However, where this ordinance and another ordinance, conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

9.02 Scope and Application

A. Jurisdiction of Sensitive Area Overlay Zone The provisions of this Chapter shall apply to all lands in the Town which lie within the area designated as the "Henefer Town Sensitive Area Overlay Zone". Said map is attached hereto and incorporated herein by reference. Regulations of this chapter may apply to an area outside of the mapped Overlay Zone if the Town Planner determines that the environmental conditions of the subject area qualify it as a sensitive area, and shall thereafter be amended to include such area in the Sensitive Area Overlay Zone.

All approved subdivision plats that lie within the area designated as the "Sensitive Area Overlay Zone" shall be identified on the lots on the recorded plat.

Before construction of a single-family dwelling on an individual lot not included as part of a development subdivision shall be allowed, approval must first be granted by the Planning Commission, in compliance with this Section. The application shall contain information, plans and reports as are required by the Planning Commission.

B. Effect of Provisions. This Chapter makes additional provisions to those set forth elsewhere in this Code, as amended. In the event of conflict between such additional provisions and the provisions of this Chapter, the more restrictive provisions shall apply.

C. Application to Previous Developments. The provisions of this Chapter shall have no application to any development or other construction project which has been granted final approval prior to the effective date of this Code.

9.03 Density and Lot Size

Residential lot sizes allowed within the Sensitive Area Overlay Zone shall be the same as that allowed by the underlying zone.

The maximum number of dwellings units permitted within a development located in the sensitive overlay zone shall be determined by the slope of the land within the development according to the following schedule:

The density of the underlying zone for areas having a slope of ten (10) percent or less.

One dwelling per five (5) acres having a slope of more than ten (10) percent but less than thirty (30) percent.
Development is not allowed for thirty (30%) slopes, nor shall any density credits be given for slopes of more than thirty (30) percent.

The determination of slope within a development shall be based upon a detailed slope analysis. The slope analysis shall be conducted using the contour maps prepared by the U.S. Geological Survey; however, other more detailed contour maps may be used when approved by the Town Planner and/or Town Engineer.

9.04 Lot Coverage and Buildable Area

Maximum Impervious Material Coverage- The maximum impervious material coverage for single family purposes, including dwelling units, accessory buildings, patios, and driveways, are limited to the following:

1. Lots less than 20,000 square feet: thirty (30%) percent of the total lot area or 5,000 square feet, whichever is smaller.

Lots sizes 20,000 square feet and greater: 15,000 square feet

Maximum impervious material coverage for multi-family dwellings, commercial, industrial, institutional, and accessory structures shall be determined during site plan review and approved by the Planning Commission to a maximum of fifty percent (50%) impervious material coverage.

C. Buildable Area,

Single family dwelling structures shall be located only upon buildable areas, which area shall be fully contiguous and shall be at least 5,000 square feet in size, and shall have a minimum dimension, either length or width, of fifty (50) feet.

Location of a dwelling structure shall not be within an average of twenty (20) feet, of which no point being closer than ten (10) feet of a continuous hillside slope (upslope or downslope) of thirty percent (30%) or greater. The Engineering Department may require greater setbacks from the slopes based on unusual circumstances.

Single family dwelling structures shall be set back no further than two-hundred and fifty feet (250’) from a public street.

All other buildings, including clustered single family subdivisions, multi-family, commercial, industrial, institutional, and accessory structures shall be located upon a buildable area, as may be determined through site plan review.

No buildings shall be located on a ridge line, nor shall any roof line extend above said ridge lines.

9.05 Hillside Development

A. Scope: It is intended by this Section that the development standards and provisions, as set forth herein, shall be required in addition with all development, building and construction permit process and requirements identified in Chapter 1 of this Ordinance.

B. Building Permit

The Town Planner may approve building permits for subdivision lots platted and recorded prior to the adoption of the Sensitive Area Overlay Zone. The Town Planner shall use those hillside regulations in effect at the time the subdivision was platted to determine setback distances from areas of thirty percent (30%) slope.

The following information shall be submitted by the applicant in addition to the information required in Chapter 1 to the Town Planner before any Town Staff may approve a building permit:

a. Geotechnical report prepared by a professionally licensed engineer or other qualified individual that would establish the following:

i. The depth of virgin soil below grade; and

ii. Soil compaction and stability; and

iii. Rock fall and debris flow potential.

b. Site plan with the following information:

i. Location of the proposed structure;

ii. contour lines at two-foot interval;

iii. retaining walls, if determined necessary by the Henefer Town Engineering; and

iv. existing vegetation types and locations.

c. Site plan cross-section of the driveway slope and slope percentage for each change in slope.

i. All requirements of the current Development Code such as driveway slopes and cuts and fills shall remain in force.

Construction, Grading and Contour Map and issuance of Building Permits:

There shall be no construction, development or grading upon the development site until final approval has been granted, as provided in this Section. Before the construction of single family dwelling units upon lots shall be allowed, a plot plan drawn to a scale (at least 1" = 10') for such lots shall be submitted to the Planning Commission or the designated representative, which plot plan shall show lot lines, existing and proposed contours at two foot intervals, location of proposed single family dwelling units, walks, driveways, patio areas. The plot plan will also show vegetative, drainage, and erosion controls and such plot plan shall be attached to the building permit

Development Permit Review and Approval Procedure

Conceptual Review- Conceptual review of development within Sensitive Land areas is intended to be a coping process wherein development concerns and potential environmental hazards are evaluated. Additional information, studies, and reports may be required for preliminary approval under subsection (4), as may be determined by the Planning Commission. Conceptual Review by the Planning Commission does not presume any kind of approval or development right for the proposed project, in whole or in part. Only by the submission and review of the required reports for preliminary approval can development potential be ascertained. Steps within the approval process may be combined for projects within Sensitive Land area when they are more routine in nature and only when so approved by the Planning Commission.

Subdivisions and Commercial Developments. All applications for development shall comply with the provisions of the ordinances of Henefer Town. Conceptual approval must first be completed prior to application for preliminary approval. All applications for such review shall be accompanied by a plan drawn to scale. Applications for commercial developments shall be approved by a registered architect or engineer licensed to practice in the State of Utah.

a. Site Plans. Site plans shall include, in addition to the above provisions, the following:

i. A topographic contour map, tied to a land base survey, showing areas within the development site with slopes of less than 10 percent, areas between 10 and 30 percent, and areas of greater than 30 percent.

ii. scale not smaller than 1" = 100' and shall show topography at 5 foot intervals. With respect to site plans and/or reports drawn to scale of 1" = 50', said site plans and/or reports shall show topographical contours at two foot intervals.

iii. Location of the proposed , subdivisions, cluster subdivision, or commercial development, in relation to abutting public streets;

iv. The total acreage, number of lots and proposed total density and slope and slope district density for residential developments;

v. The location and approximate size of the proposed lots;

vi. A general street location, width, and grade of all proposed streets and radii of any cul-de-sacs;

vii. Location of existing or proposed schools, churches, or parks;

viii. Location of known hazards (i.e., faults, drainages, rockfall, etc.) and the boundaries of the 100 year flood plain;

ix. Soil type and general description;

x. Land use data; i.e., the amount of residential land, transportation land, etc., by acreage and percent;

The Planning Commission shall consider said applications for subdivisions, or commercial developments. If the Planning Commission has a positive evaluation of the conceptual submittal they may allow the application to proceed with such conditions as may be deemed necessary to secure the purposes as set forth in this chapter.

Preliminary Approval: In addition to the information as required for preliminary approval for subdivisions, or commercial developments, in accordance with the ordinances of Henefer Town, as the case may be, such additional information as set forth In this subsection may be required for developments in the Sensitive Area Overlay Zone. All reports as submitted herein shall be prepared by persons or firms licensed to practice their specialty or expertise in the State of Utah, if such license for practice is required, or by one having demonstrable expertise in such field of practice.

a. Soil Characteristics Report: Data regarding the nature, distribution and strength of soils within the project area; the soil report shall include:

i. Unified classification of all solid soils with liquid limit, shrink-swell potential and general suitability for development.

ii. Estimate of the normal highest elevation of the seasonal high water table.

iii. Flood history and potential; proximity to known flood plain areas and drainage channels.

iv. Topographic contours.

Vegetation Report. An application shall include a slope stabilization and a revegetation report which shall include:

i. Location and identification (by species) of existing vegetation.

ii. The vegetation to be removed and the method of disposal.

iii. The vegetation to be planted.

iv. Slope stabilization measures to be installed to retain and restrain the hillside against erosion.

v. Analysis of the environmental effect of such operations including effects on slope stability, soil erosion, water quality, fish and wildlife, and fire hazard.

vi. Topsoil stockpile areas will be designated.

vii. Solar orientation is recommended for review.

Geologic Conditions Report: An application shall include the following information:

i. Definition of any zones of deformation with respect to active faults and other mass movements of soil and rock.

ii. identification of anomalies of the terrain of characteristics of the geological materials which would have any potential impact upon the use of the site.

iii. Determination of ground water characteristics.

iv. Depth to bedrock and geological evaluation.

v. Written recommendations for construction of proposed improvements to avoid impact of any potential geologic hazards.

d. Grading and Drainage Report: The application for preliminary approval shall include a storm water management and erosion grading plan on the methods by which surface water, natural drainages, flooding, erosion and sedimentation loss will be accommodated during and after construction. The plan shall include the following information:

Grading Plan: The grading plan shall show present topography, tied to a land base survey, to include elevations, lines and grades including the location and depth of all proposed fills and cuts of the finished earth surfaces using a contour interval of two feet or less. Access or haul road location, treatment and maintenance requirements shall be included.

Depending upon the slope and complexity of a development within the Sensitive Area Overlay Zone, the Planning Commission may require proposed lots and/or streets to be staked for field inspection before plat approval.

Scale: An appropriate scale shall be used which most clearly presents the proposed action, generally 1" = 100' or larger.

h. Cleared Area: The proposed area to be graded shall be clearly delineated on the plan and the area amount stated in square feet.

Calculations and Details: All calculations and proposed details used for design and construction (of debris basins, impoundments, diversions, dikes, waterways, drains, culverts and other water management or soil erosion control measures) shall be shown. Calculations shall employ predictions of soil loss from sheet erosion using the Universal Soil Loss Equation or appropriate equivalent. Equations should include factors of:

i.rainfall intensity and energy

ii.soil erodibility

iii.land slope and length of slope or topography

iv.condition of the soil surface and land management practices in use

v.surface cover; grass, woodland, crop, pavement, etc.

j. All engineering calculations performed and acquired pursuant to the provisions of the ordinances of Henefer Town shall be made available to the Henefer Town Engineer as a part of the review and approval process. The Henefer Town Engineer shall then have access to the said engineering calculations in order to better advise the Planning Commission and Town Council with regard to further review and approval of a proposed development.

Final Approval.
The final application filed with the Planning Commission shall be an application for final approval. Such application shall include the information required and shall be considered in the manner established by the provisions of the Ordinances of Henefer Town as they pertain to the proposed development.

Application for final approval shall include with the improvements drawings, spot elevations on all lot corners or contour grading plans of all lot frontages. The scale will be the same as the improvement drawings.

Hillside Development Standards

a. Drainage and Erosion: The area of the watershed shall be used to determine the amount of storm water runoff generated before and after construction

b. The "Rational Method" or other method as approved by the Town Engineer shall be used in computing runoff. The basic formula for the "Rational Method" is:

Q = CIA in which:

Q = Runoff in cubic feet per second (c.f.s.)

C = Coefficient of runoff or the portion of storm water, which runs off a given area.

The following ranges for C value are typical examples. The actual C value used shall be approved by the Town Engineer.

Type of Development Runoff Coefficient

Industrial & Commercial .80 - .90

Residential .30 - .40

Parks .15 - .24

Agricultural .10 - .20

I = Average rainfall intensity during time of concentration for 25 year return period in inches per hour. The time of concentration shall be defined as the time required for water to flow from the most remote point of the section under consideration.

A = Drainage area in acres.

c. Lots shall be arranged so as to ensure adequate setbacks from drainage channels. The 100 year storm shall be that basis for calculating setbacks. No structures shall be allowed in the 100 year flood plain.

d. Facilities for the collection of storm water runoff shall be required to be constructed on development sites and according to the following requirements.

i. Such facilities shall be the first improvement or facilities constructed on the development site, with the exception of sewer and water lines.

ii. Such facilities shall be designed so as to detain safely and adequately the maximum expected storm water runoff for a twenty-five year storm, not to exceed .2 cubic feet per second per acre or at a low rate or at a rate not higher than the flow rate before construction, whichever is less, on the development site, for a sufficient length of time so as to prevent flooding and erosion during storm water runoff flow periods.

iii. Such facilities shall be so designed as to divert surface water away from cut faces or sloping surfaces of a fill.

iv. The existing natural drainage system will be utilized, as much as possible, in its unimproved state.

v. Where drainage channels are required, wide shallow swales lined with appropriate vegetation shall be used instead of cutting narrow, deep drainage ditches.

vi. Flow retarding devices, such as detention ponds and recharge berms, shall be used where practical to minimize increases in runoff volume and peak flow rate due to development. Areas which have shallow or perched groundwater or areas that are unstable must be given additional consideration.

e. Erosion control measures on the development site shall be required to minimize the increased solids loading in runoff from such areas. The detailed design system to control storm water erosion during and after construction shall be contained in the Grading and Drainage Report described in Section 9-8(g)(4).

f. Vegetation and Re-vegetation

i. All areas on development sites cleared of natural vegetation in the course of construction of offsite improvements shall be replanted with native vegetation, which has good erosion control characteristics.

ii. New planting shall be protected with mulch material and fertilized in conjunction with the planting and watering schedule described in (v) below.

iii. The use of persons or firms having expertise in the practice of re-vegetation (i.e., licensed landscape architects or nurserymen) shall supervise the planting and installation of re-vegetation cover.

iv. Existing mature vegetation shall be removed only when absolutely necessary and disturbance minimized to all vegetation to the greatest extent, e.g., for the construction of buildings, roads and filled areas.

v. After the completion of off-site improvements vegetation shall be planted in a mixture of plant materials; i.e., trees, shrubs, grass, and forbs. Native plant materials are preferred.

vi. No vegetation shall be removed on a continuous hillside, crest (upslope or downslope) or a slope 30% or greater unless otherwise determined by the Planning Commission upon recommendation of the Town Engineer for uses such as trails and open space improvements. Any re-vegetation of such a hillside shall require a planting plan be submitted and have the approval of the Town Engineer.

vii. Topsoil removed during construction shall be conserved for later use on areas requiring vegetation or landscaping; i.e., cut and fill slopes.

viii. All disturbed soil surfaces shall be stabilized or covered prior to the fifteenth (15th) day of October. If the planned impervious surfaces (i.e., road, driveways, etc.) cannot be established prior to October 15, a temporary treatment adequate to prevent erosion shall be installed on those surfaces. Said treatment shall be approved by the Town Engineer.

ix. The property owner and/or developer shall be fully responsible for any destruction of native or applied vegetation identified as necessary for retention and shall be responsible for such destroyed vegetation. They shall carry the responsibility both for employees and subcontractors from the first day of construction until the final acceptance of improvements. The property owner and developer shall replace all destroyed vegetation with varieties of vegetation approved by the Town Engineer. The property owner shall assume co-responsibility with the developer upon purchase of the lot.

x. Construction on the development site shall be of a nature that will minimize the disturbance of vegetation cover, especially between October 15 and May 1 of the following year.

g. Geology

i. No structures shall be built on any zones of deformation with respect to active faults that the Town has identified. Off-site improvement design will be approved by the Planning Commission.

ii. No structures or off-site improvements shall be allowed on any active landslide area.

iii. Problems associated with development on or near perched ground water and shallow ground water must be mitigated in a manner as approved by the Planning Commission.

iv. No structures shall be allowed in any rockfall zone. Off-site improvements may be allowed through special approval by the Planning Commission.

h. Fire Protection

i. Areas without a recognized water supply must be reviewed by the North Summit Fire District in accordance with the International Fire Code as adopted by the State of Utah in effect at the time.

ii. Each development site and building permit for lots where the front setback is greater than 50 feet, shall be reviewed by the North Summit Fire District to see that it complies with the International Fire Code as adopted by the State of Utah, Section 503 Access Roadways for Fire Apparatus. Access requirements shall comply with the ordinances of Henefer Town.

iii. Spark arresters shall be installed in every fireplace constructed indoor or outdoor. Screen openings in such arresters shall not be in excess of 1/4 inch diameter.

iv. Development adjacent to public lands shall provide access for fire protection vehicles and equipment.

i. Grading- Cuts and Fill

i. Exposed unstable surfaces of an excavation or fill shall not be steeper than one vertical to two horizontal.

ii. All permanent fill shall be located so that settlements, slidings, or erosions shall not damage or cover streets, curbs, gutters, sidewalks or buildings.

iii. The top and bottom edges of slopes caused by an excavation or fill up to 10 vertical feet shall be at 3 horizontal feet from the property line or public right-of-way lines.

iv. The maximum vertical height of all cuts or fills shall be 10 feet.

v. All structures, except retaining walls or soil stabilization improvements, shall have a setback from the crest of the fill or base of the cut of a minimum distance equal to the depth of the fill or the height of the cut, unless a structurally sound retaining wall is built for the cut or fill slope. Retaining walls may be a part of the dwelling unit.

vi. No grading, cuts, fills, or terracing will be allowed on a continuous hillside, crest (upslope or downslope) or a slope of 30% or greater.

Streets and Driveways. Streets, roadways and private drive ways shall follow as nearly as possible the natural terrain. The following additional standards shall apply:

i. At least one ingress and one egress routes shall be provided for each subdivision, unless there is a crash gate or the extension of a future stub street that will provide additional access.

ii. Points of access shall be provided to all developed and non-developed areas for emergency and fire fighting equipment. Driveways located upon each lot extending from a public street shall have sufficient width and design to admit and accommodate fire fighting equipment (comply with all Town Engineering Standards).

iii. Cul-de-sacs shall not exceed 600 feet in length and shall have a turnaround with a back of curb line radius of at least 55 feet. Stub-streets that are longer than the width or length of any adjacent single lot or 200 feet, whichever is less, shall have a temporary turnaround at the end thereof.

iv. Centerline curvatures shall not be less than a 75 foot radius on any curved street pattern.

v. Variations of the street design standards developed to solve special hillside visual and functional problems may be presented to the Planning Commission for consideration and approval. Examples of such variations may be the use of split roadways to avoid deep cuts, one-way streets, round-abouts, modifications of surface drainage treatments, sidewalk design, or the extension of a cul-de-sac.

vi. Development sites which are located near canyon trails will provide access to those trails. Parking areas may be required by the Planning Commission at trail heads.

vii. Developments adjacent to public lands shall provide for access by fire protection equipment.

viii. The maximum amount of impervious surface for streets and roadways shall be 20 percent of the entire development site.

ix. All streets or rights-of-way for vehicular traffic shall be subject to the following limitations:

The maximum grade of such streets or rights-of-way shall be 8 percent.

The provisions for subsection (9.05-D-6(j)(vii) shall not apply to streets or rights-of-way already constructed or which have heretofore been granted preliminary approval by the Planning Commission.

Roads shall be designed to meet the Town road base, asphalt and compaction standards.

k. Architectural Design.

i. Buildings proposed for construction in hillside or canyon areas within the Henefer Town Sensitive Overlay Zone shall be designed to be visually compatible with the natural beauty of the hillsides and canyons. The use of building materials in colors that will blend harmoniously with the natural settings are encouraged. Such materials as natural woods, brick,earth colors, and stone are considered to be most appropriate.

ii. The Planning Commission, through the applicable permitting process, shall review the design and specified exterior materials and colors for all non-residential structures. Building permits for such structures shall not be granted until building materials and colors have been approved by the Planning Commission.

iii. Innovative designs for single family dwelling units; e.g., earth-sheltered dwellings with grass roofs, etc., may be allowed after approval by the Town Planner and Building Official.

l. Trails Upon Hillsides: A trail may be constructed to access upper/lower portions of property subject to the following conditions:

i. That no cut or fill of the hillside be in excess of two (2) feet. All cuts or fills shall be properly retained or restrained against erosion.

ii. That the trail follow a meandering course, and not use a direct line pathway to the desired location. Where possible, the trail should follow the natural contours of the hillside.

iii. That the trail be landscaped with native materials.

iv. That prior to construction and/or hillside cuts, the trail plan be submitted to the Town Planner and Town Engineer for review and approval.

m. On-site Development The property owner shall be fully responsible for making all improvements in accordance with the development site approval; e.g., drainage, erosion and vegetation constraints.

n . Fencing. All fences located on slopes of thirty percent (30%) or greater shall be field fencing or dark brown or black vinyl coated chain link to blend in with the native landscaping. In no case shall the following types of fences be allowed: uncoated chain link, vinyl, masonry, block, wood, or other sight obscuring material. Other requirements for fencing setback are contained in the individual zone regulations.

Bond In addition to the provisions requiring the posting of a bond as set forth elsewhere in the ordinances of Henefer Town, the property owner will be required by the Town Planner to guarantee the completion of revegetation projects, the stabilization of grading sites, cuts and fill and construction of storm water runoff facilities.

9.06 Floodplain Development

A. Purpose: It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private loss due to flood conditions to specific areas by provisions designed to:

Protect human life and health;

Minimize expenditure of public money for flood control projects;

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

Minimize prolonged business interruptions;

Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, and streets and bridges located in areas of special flood hazard;

Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

Ensure that potential buyers are notified that property is in the one-hundred (100) year floodplain; and

Ensure that those who occupy the areas of special flood hazards assume responsibility for their actions.

B. Scope:

This chapter shall apply to all areas of special flood hazards, specifically properties that are located within the 100-year floodplain as mapped by FEMA and shown on the Sensitive Lands Map.

The 100-year flood plain regulations of this chapter shall be supplemental to, and not in lieu of, the applicable zoning provisions of the zone in which the land is located. Property located within said "areas of special flood hazard" shall be developed only in conformance with the provisions set forth herein. In cases of conflict between such zone classifications and the Floodplain Regulations, the most restrictive provisions shall govern. Permitted and conditional uses permitted in the "areas of special flood hazard" shall be developed only in conformance with the provisions set forth herein. All uses involving development as defined herein shall further meet the supplemental conditions and standards set forth in this chapter.

Since the floodplain is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

a. Encroachments, including fill, new construction, substantial improvements, and other developments are prohibited unless certification by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

b. If 9.06-B-3-a is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of 9.02.

C. Methods of Reducing Flood Losses

In order to accomplish its purposes, this chapter includes methods and provisions for:

a. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases of erosion, flood heights or velocities;

b. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

c. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

d. Controlling filling, grading, dredging, and other development which may increase flood damage; and

e. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

9.07 Abrogation and Greater Restrictions

Interpretation

In the interpretation and application of this ordinance, all provisions shall be:

Considered as minimum requirements;

Liberally construed in favor of the governing body; and

Deemed neither to limit nor repeal any other powers granted under State statutes.

Warning and Disclaimer of Liability

The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of Henefer Town, any officer or employee thereof, or the Federal Emergency Management Agency (FEMA) for any flood damages that result from the reliance on this ordinance or any administrative decision lawfully made thereunder.

9.08 Building Permit Review

Low Impact permit shall be obtained before construction or development begins within the one-hundred (100) year floodplain Prior to issuance of a Low Impact permit, the Town Planner shall ensure that requirements of this chapter are met.
Application for such approval shall be made on forms furnished by the Planning Department and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;

Elevation in relation to mean sea level to which any structure has been flood proofed;

Certification by a registered professional engineer or architect that the flood-proofing methods for any non-residential structure meet the flood-proofing criteria in Section 9.08; and,

Description of the extent to which any water course will be altered or relocated as a result of proposed development.

9.09 Responsibility of The Town Planner

The Henefer Town Planner shall be responsible to:

1. Review Applications

Review all applications to determine if the proposed development is located in the Floodplain. If located in the Floodplain, assure that the encroachment provisions of Section 9-16 are met.

Review all applications to determine that the requirements of this ordinance have been satisfied.

Review all applications to determine that all necessary permits have been obtained from Federal, State, or local governmental agencies from which prior approval is required.

The Town Planner shall obtain, review, and reasonably utilize any base flood elevation and floodplain data available from a Federal, State, or other source as criteria for requiring that new construction, substantial improvements, or other development in Zone A are administered in accordance with Section 9-17(e), Development Standards, Residential Construction and 9-17(f), Development Standards, non-residential construction.

Maintain Information File
Obtain and record the actual elevation provided by the developer (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.

For all new or substantially improved flood-proofed structures:

i. Verify and record the actual elevation provided by the Developer (in relation to mean sea level) to which the structure has been floodproofed, and

ii. Maintain the floodproofing certifications required in by this Chapter.

Maintain for public inspection all records pertaining to the provisions of this ordinance.

Verify Alteration of Watercourses - Verify that:

i. A permit has been obtained from the State Engineer and or US Army Corps of Engineers for alteration of a natural stream channel.

ii. Maintenance is provided for within the altered or relocated portion of said watercourse so the flood-carrying capacity is not diminished.

iii. Notification has been made to cities adjacent to the watercourse and to the State of Utah, Division of Comprehensive Emergency Management, prior to any alteration or relocation of a watercourse and evidence of such notification has been submitted to the Federal Emergency Management Agency.

9.10 Interpretation of FIRM Boundaries

The Town Planner shall make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards, including the one-hundred year floodplain (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 9.11.

9.11 Appeals

The Board of Adjustment as established by the Development Code of Henefer Town shall hear and decide all appeals and requests for variances from the requirements of this chapter as provided in Chapter 3 “Appeals to provisions of the Sensitive Overlay Zone” of the Revised Ordinances of Henefer Town.

9.12 Development Standards

In all areas of the 100-year floodplain the following standards are required:

Anchoring

1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure and capable of resisting the hydrostatic and hydrodynamic loads.

2. All manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement and capable of resisting the hydrostatic and hydrodynamic loads. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. Specific requirements may be:

Over-the top ties be provided at each of the four comers of the manufactured home, with two additional ties per side at intermediate locations, with manufactured homes less than 50 feet long requiring one additional tie per side;

Frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with manufactured homes less than 50 feet long requiring four additional ties per side;

All components of the anchoring system be capable of carrying a force of 4,800 pounds; and,

Any additions to the manufactured home be similarly anchored.

Construction Materials and Methods

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

Utilities
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during the flooding.

Subdivision Proposals
All subdivision proposals shall be consistent with the need to minimize flood damage;

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and

Base flood elevation data shall be provided for subdivision proposals and other proposed development.

Residential Construction

New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to a minimum of I (one) foot above the base flood elevation.

Non-residential Construction: New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to a minimum of I (one) above the base flood elevation; or, together with attendant utility and sanitary facilities, shall:

Be flood-proofed so that below 1 (one) foot above the base flood level the structure is watertight with walls substantially impermeable to the passage of water.

Have structural components capable of resisting hydrostatic and hydrodynamic loads and affects of buoyance; and

Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the Planning Director as set forth in 9.06

Openings in Enclosures Below the Lowest Floor: For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;

The bottom of all openings shall be no higher than one foot above grade;

Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

Manufactured Homes
Manufactured homes shall be anchored in accordance with this Section.

All manufactured homes or those to be substantially improved shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and is securely anchored to an adequately anchored foundation system.

All manufactured homes or those to be substantially improved shall conform to the following requirements:

Require that manufactured homes that are placed or substantially improved on a site (1) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (III) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

Require that manufactured homes to be placed or substantially improved on sites in existing manufactured home parks or subdivisions that are not subject to the provisions in (A) above be elevated so that either (1) the lowest floor of the manufactured home is at or above the base flood elevation, or (ii) the manufactured home chassis is supported' by reinforced piers or other foundation elements that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

Chapter 10 Subdivision Evaluation Standards

10.01 Purpose and Compliance................................................................................................ 106

10.02 Transportation Infrastructure......................................................................................... 107

10.03 Street Lighting & Signage............................................................................................. 112

10.04 Walkways/Trails............................................................................................................ 113

10.05 Water and Sewage.......................................................................................................... 113

10.06 Fire Protection................................................................................................................ 114

10.07 Natural Resources.......................................................................................................... 114

10.08 Monuments..................................................................................................................... 117

10.09 Easements...................................................................................................................... 117

10.10 Public Utilities............................................................................................................... 117

10.11 Irrigation Ditches and Canals......................................................................................... 118

10.12 Lots................................................................................................................................. 119

10.13 Seismic Areas................................................................................................................ 120

10.14 Public Sites and Open Spaces........................................................................................ 121

10.15 Additional Requirement................................................................................................. 121

10.01 Purpose and Compliance

A. The purposes of this chapter are:

1. To promote the health, safety and general welfare of the residents of Henefer Town [also referred to as "Town" or "Town of Henefer" in this Chapter].

2. To provide for the orderly development of the Town, with adequate provisions for recreation, transportation, water, drainage, sewage, natural resource protection, safety, and other public requirements.

3. To require all roads and roadway features to meet minimum design standards as required by the Town Engineer . Exceptions to applicable standards may be granted by the Town Engineer on a case by case basis and shall demonstrate innovative superiority or other advantages over existing standards.

B. Standards; Compliance:

1. The following standards shall be applied to the review of any subdivision development application submitted in accordance with the provisions of this title.

2. Subdivisions located within a sensitive area as indicated on the Sensitive Overlay Map, such as areas in the floodplain, hillsides, geological hazardous areas, etc, are subject to additional standards in Chapter 9 of this title.

C. Public Facilities and Services: No development shall be approved by the Town unless there are available and adequate public facilities, except as otherwise permitted in this Chapter. Prior to the issuance of any development permit, the applicant shall demonstrate that all necessary public facilities and services are or will be available and adequate.

D. Provisions Constitute Minimum Requirements: In interpreting and applying the provisions of this Section, the requirements contained in this Section are declared to be the minimum requirements.

E. Effect of Section on Covenants, Agreements, etc.: This Section shall not nullify the more restrictive provisions of covenants, agreements or ordinances or laws, but shall prevail notwithstanding such provisions which are less restrictive.

10.02 Transportation Infrastructure

A. Streets

The arrangement, character, extent, and location of all streets shall conform to the Eastern Summit County Transportation Master Plan as it pertains to Henefer and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets.

Where the Eastern Summit County Transportation Master Plan does not show proposed streets, the arrangement of street in a subdivision shall either:

Provide for the continuation or appropriate projection of existing principal streets in surrounding areas; or

Conform to a plan for the neighborhood approved or adopted by the Planning Commission to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impracticable.

3. All street and right-of-way improvements shall be designed and constructed in accordance with the Town's standard specifications and details for municipal construction as required by the Town Engineer.

4. Street right-of-way widths shall be as shown in the Eastern Summit County Transportation Master Plan as it pertains to Henefer and where not shown therein shall be in accordance with the requirements of the Town Engineer.

a. Excess right-of-way widths shall be required whenever, due to topography, additional width is necessary to provide adequate earth slopes.

5. Such slopes shall not be in excess of three to one (3:1), unless specifically approved by the Town Engineer. Minimum street grades of 0.3% are required. The maximum grade for roads in all zones shall be 8%, however, grades to 10% shall be allowed for short distances up to 300 feet over a continuous lineal length of 2,000 feet when conditions warrant that traffic safety and economy of road maintenance can be secured.

6. Streets grades in any proposed development that have received approval of the Town Council prior to the adoption of this section, as amended, shall be permitted as approved, even though said street grades may be in excess of those permitted under this section.

7. Half streets are prohibited.

8. Streets less than 150 feet in length may serve as access for up to four lots without special requirements for turnarounds.

9. Cul-de-sacs are strongly discouraged, however if approved by the Town Engineer, Planning Commission and North Summit Fire District, the following standards shall apply:

A cul-de-sac may be permitted on local streets only and shall be terminated by a turn-around of not less than one hundred and twenty (120) feet in diameter and shall not exceed 3% grade.

Surface water shall drain away from the turn-around, except where surface water cannot be drained along the street due to the grade, necessary catch basins and drainage easements shall be provided.

A cul-de-sac shall not exceed eight hundred (800) feet in length in a residential zone. A cul-de-sac in the Sensitive Area Overlay Zone shall not exceed six hundred (600) feet in length.

A cul-de-sac length is measured from its intersection with another street to the beginning of the cul-de-sac turn-around.

All cul-de-sacs shall be approved by the North Summit Fire District.

Permanent dead end streets shall have a maximum length of 800 feet (not including the turnaround or cul-de-sac).

Streets shall be laid out so as to intersect as nearly as possible at right angles. Streets shall approach other local streets, arterial, or collector streets at angles not less than 80 degrees for a distance of at least 100 feet. Street grades at intersections shall be no greater than 4% for at least fifty (50) feet.

Local streets shall be so laid out that their use by through traffic will be discouraged.

Where street lines within a block deflect from each other at any one point there shall be connecting curves. The radius of the curve for the street centerline shall be not less than 350 feet for arterial streets, 250 feet for collector streets, and 100 feet for local streets.

Where a subdivision abuts or contains an existing or proposed arterial or collector street, the Planning Commission may require local access streets, reverse frontage with screen planting contained in a non-access reservation along the rear property line, deep lots with rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.

Streets in new developments shall make provisions for the continuation of existing streets to adjoining areas in conformance with adopted minimum street width standards. Where the Planning Commission determines that it is desirable to provide for street access to adjoining property to provide an orderly development of a street system, proposed streets shall be extended by dedication to the boundary of such property. Temporary turn-arounds shall be provided at the property line.

A minimum of two points of ingress and egress shall be provided on all subdivisions containing more than eight (8) residential lots on a single access to allow escape routes in case of fire or other catastrophe or hazard.

Where a subdivision borders an existing narrow road or when the Eastern Summit County Transportation Master Plan as it pertains to Henefer indicates plans for realignment or widening of a road that would require use of some of the land in the subdivision, the applicant shall be required to improve and dedicate at his expense such areas for widening or realignment of such roads. Such frontage roads and streets shall be improved and dedicated by the applicant at his own expense to the full width as required by this Ordinance and the adopted Municipal Construction Standards Manual. Land reserved for any road purposes may not be counted in satisfying yard or area requirements contained in this Code.

No street names shall be used which will duplicate or be confused with the names of existing streets. Street names may be subject to the approval of the Summit County Recorder's Office.

B. Curbs, Gutters and Sidewalks

Curbs, gutters, and sidewalks shall be installed on all proposed streets and along the frontage of any lot within a subdivision in conformance with the Town's standard specifications and details for municipal construction. The Planning Commission may recommend to the Town Council that the sidewalk be required on only one side of the street or may waive the requirement if topographic, geological or other concerns merit.

On existing streets and state roads the Planning Commission may recommend to the Town Council the necessity of curbs, gutters and/or sidewalks when in conformance with adopted Town construction standards and adopted Eastern Summit County Transportation Master Plan or sidewalk plans.

C. Block Length

1. The lengths, width and shapes of blocks shall be determined by the following:

a. Provision of adequate building sites suitable to the special needs of the type of use contemplated.

b. Zoning requirements as to lot size and dimensions.

c. Needs for convenient access, circulation, control and safety of street traffic.

d. Limitations and opportunities of topography.

2. Block lengths shall not exceed eight hundred (800) feet.

3. Pedestrian crosswalks shall be required where deemed essential to provide circulation or access to churches, schools, playgrounds, shopping centers, transportation, and other community facilities in accordance with the Town's standard specifications and details for municipal construction.

D. Buffering Along Arterial Streets

Residential Developments shall not be so constructed as to permit motor vehicle access directly onto an arterial street or roadway from individual residential lots.

No new residential developments shall be permitted within the Town which abut an arterial without requiring improvements along the entire length of the development as it abuts the arterial street, to the following standards:

Curb, gutter and sidewalk to specifications approved by the Town Engineer.

b. Parkstrips shall be required on all streets, unless otherwise determined by the Planning Commission.

F. Protection Strips

1. Reserve or protection strips controlling access to streets which shall become public property upon acceptance of the said streets or improvements by Henefer Town, shall be prohibited.

G. Private Street

Private street systems shall be only be approved for access to dwellings sites as a conditional use permit. Private street systems will only be permitted upon proper maintenance agreements, which relieve the Town of all maintenance responsibility, being recorded with the Office of the County Recorder in a form approved by the City Attorney.

Approved private street systems shall meet all of the requirements of public streets.

Private street systems shall be clearly noted on approved subdivision plats.

The developer shall be required to establish a Home Owner’s Association or other agreement for the maintenance of the private street(s), as well as provide funds in the form a bond security for a two year initial maintenance period. Security amount to be approved by the Town Council upon the recommendation of the Town Engineer.

The Planning Commission may approve the following exceptions for developments which provide access to 3 or fewer dwellings:

a. Private Street systems shall have a 20 foot minimum width paved surface.

Additional right of way width shall be reserved for future use in accordance with the adopted Master Street Plan and/or the adopted standards and specification for municipal construction.

c. Appropriate signage must be placed at the entrance to all private streets indicating the nature of the street.

H. Residential Driveways

1. Driveways shall be provided for all residential building lots. The drive approach for the driveway shall be a minimum width of 12 feet. A secondary drive approach may be permitted upon review and approval by the Town Engineer.

a. No down sloping driveways shall be permitted, unless otherwise approved by the Town Engineer due to unusual topographic constraints. The driveway must maintain a positive slope away from the home as required by the Uniform Building Code.

The minimum grade at which a driveway shall be allowed to be built is two (2) percent slope and the maximum grade at which a driveway shall be allowed to be built is twelve (12) percent slope except as hereafter provided. The Town Engineer, under exceptional circumstances, may approve driveway slopes having a grade exceeding twelve (12) percent and may impose conditions of approval to mitigate any hazards created by the steepness of the driveway.

I. Bridges

The developer shall pay all costs of designing and constructing or installing any bridge, pipe, culvert or other structure required by the Town for any ditch, canal, etc. within the subdivision or adjacent thereto. All bridges and culverts shall be constructed in accordance with Town Construction Specifications.

10.03 Street Lighting & Signage

A. The developer shall pay for and install all electrical service lines, of a street lighting system for the approved subdivision or as otherwise required by Town Ordinance.

B. The street lights shall be placed as approved by the Public Utilities Director or his/her designee. Such items to be approved include appropriate distance, alternating sides of street, location upon the property, street light type, height, and illumination intensity as determined by the Town's specifications and details for municipal construction.

All lighting shall be night sky friendly and down cast in accordance with the provisions in this title.

Traffic and street name signs are to be constructed and installed by the developer according to Town and state standards. No building permits for dwelling units will be issued in a subdivision until street signs are installed.

Traffic signs and locations for streets with access to State Roads shall receive approval from the appropriate State Agency prior to final Town Approval. Other signs on local streets shall be approved by the Town Engineer in conformance to adopted traffic standards and practices.

10.04 Walkways/Trails

A. Walkways or trails up to six (6) feet in width may be required within a subdivision.

B. The developer may be required to dedicate a sufficient amount of property to be used exclusively as a pedestrian access walkway/trail. Such parcels to be dedicated shall be located in a position within the development as may be determined by the Planning Commission. The parcel shall also be of a size large enough to allow for such a walkway, such size to be determined by the Henefer Town Planning Commission.

C. The developer shall be required to install upon the walkway/trail such improvements as determined by the Planning Commission and the Town Engineer. All such improvements shall be erected and constructed in accordance with standards as may be established by the Henefer Town Planning Commission, Town Engineer.

D. Easements for public trails shall be provided where necessary as determined by various public agencies, including the Henefer Town Parks.

10.05 Water and Sewage

Culinary Water Systems
The developer shall extend culinary water systems to each lot within a subdivision and shall be in conformance with the Town's specifications and details for municipal construction as in effect at the time, as well as any requirements in the adopted fee resolution.
The developer shall install water lines and laterals throughout the subdivision, extending to the farthest boundaries thereof, or beyond as may be determined by the Town as necessary to provide service.
The developer shall locate and mark at the property line, the location of the ends of water laterals.
The developer shall be responsible to transfer water shares to the Town, for the purpose of providing municipal water service and storage.

Sanitary Sewer Systems

The developer shall extend sanitary sewer systems to each lot in a subdivision in conformance with the requirements of the responsible sewer district and the Town's specifications and details for municipal construction.
Septic tanks will not be allowed on lots within 300 feet of a sewer line if sewer line is accesable.

The developer shall install main sewer lines and laterals throughout the entire subdivision, extending to the farthest boundaries thereof or beyond as determined by the Town to be necessary to provide service.

The developer shall locate and mark at the property line the location of the ends of sanitary sewer laterals.

C. Drainage Systems

Surface water runoff drainage systems shall be designed to handle all runoff generated within the subdivision by a ten (10) year storm and routing of water generated by a one hundred (100) year storm. Such systems shall be designed and installed by the developer according to the Town's specifications and details for municipal construction.

10.06 Fire Protection

A. Fire hydrants shall be installed by the developer in accordance with the Town's specifications and details for municipal construction, the International Fire Code as adopted by the State of Utah, and other applicable local ordinances, at locations designated by the North Summit Fire District.

The locations shall be shown on the preliminary plat and Town approved construction drawings.
Each residential structure shall be within 250 feet of a fire hydrant and fire hydrants shall be spaced at a distance not to exceed 500 feet, as approved by the North Summit Fire District.

Subdivisions in remote areas and/or beyond the Town’s main water line that do not to meet the required minimum water pressure may be subject to fire suppression alternatives as required by the International Fire Code as adopted by the State of Utah and the North Summit Fire District.

10.07 Natural Resources

A. Sensitive Lands

1. It is strongly encouraged that all developments shall be sited outside of a sensitive area as shown on the Henefer Town Sensitive Lands Map. If any part of the subdivision is within a sensitive area it shall be subject to the additional standards and review process identified in Chapter 9 of this Ordinance.

B. Alteration or Relocation of Natural Waterways

All building pads, structures, roads, and shall be setback at least one-hundred feet (100’) from the Weber River and any other natural waterway.

Alteration or relocation of any natural waterway is strongly discouraged.

Any alteration or relocation shall receive approval from the United States Army Corps of Engineers.

4.. A request for alteration or relocation of a natural waterway shall be accompanied by appropriate approval by the Town Engineer and Town Drainage Manager or his/her designee to ensure the following:

a. That the flow capacity and velocity of the waterway will not change with the proposed alteration or relocation.

b. That the soils conditions in the proposed location will not increase flooding potential.

c. That the proposed waterway can be adequately maintained.

C. High Water Table Areas

1. In areas that are known for the potential of ground water impacts, a ground water investigation shall be made by a geotechnical engineer and provided to the Town for review with the application for final plat approval to include the following:

a. What mitigation measures should be taken to assure that homes will be protected from potential ground water impacts, including a proposed method of ground water disposal to be reviewed and approved by the Town Drainage Manager/Engineer or his/her designee.

b. The developer shall provide ground water information to each lot purchaser/owner and disclosure the information on the plat.

2. Due to the high water tables in Henefer Town basements are strongly discouraged. The Town may prohibit basements in high water table areas upon recommendation from the Town Engineer. Plats in high water table areas shall have a warning printed on the plat stating that basements are strongly discouraged and that the Town of Henefer assumes no responsibility or liability for damage done by high water tables to basements.

3. Any proposed or existing drainage plans for high water table areas are prohibited from using sump pumps, french drains, or other like devices which drain into the sanitary sewer system.

4. Ground water drainage systems, if required, shall be designed and installed in accordance with construction standards and specifications determined by the Town Engineer.

5. All drainage systems shall be extended to the outermost boundaries of the subdivision by the developer.

6. The developer shall install or replace, when required by the Town, all sewer and water systems within a high water table area to eliminate or minimize possible damage to such systems.

D. Flood Plain Areas

1.. All subdivisions within a flood plain area shall conform with Chapter 9 (Sensitive Lands) of this title. In any subdivision in or adjacent to a flood plain identified by the Federal Emergency Management Agency (FEMA), the developer shall comply with the provisions of Chapter 9 and the this Section.

2. Design and develop the subdivision to provide each lot with a buildable area that will permit the lowest floor elevation, including the basement, to be constructed one (1) foot above the one hundred (100) year flood elevation. The developer is required to obtain an elevation certificate prior to issuance of building permits.

3. Design the subdivision to minimize the effects of flooding and to facilitate the flow of surface water runoff.

4. Submit the following base flood elevation data with the application for preliminary plat approval:

The elevation of the one hundred (100) year flood elevation in relation to mean sea level. Also, as noted on FEMA maps.

The elevation of the lowest floor level, including basements, of proposed dwellings. An elevation certificate will be required for all dwellings in areas adjacent to a flood plain.

The Town may maintain a record of all the information required in subsection (D) above.

Install or replace, when required by the Town, all sewer and water systems within an identified flood plain to eliminate or minimize possible damage to such systems, discharge from such systems into flood water, or infiltration of floodwaters into such systems.

All new storm drain and water systems shall be approved to ensure compliance by the Henefer Town Public Utilities Department.

10.08 Monuments

Survey monuments shall be indicated on the final plat and accurately installed by a licensed land surveyor before any subdivision improvements are accepted.

10.09 Easements

Easements for utilities and drainage shall be provided where necessary as determined by various public utility agencies and Henefer Town Public Works Department.

B. Easements for surface water runoff drainage, canals, irrigation ditches, waterways, public utilities, clear vision areas, and rights-of-way within the subdivision and across adjoining property may be required by the Town when necessary to properly serve the subdivision or protect the citizens of the Town.

10.10 Public Utilities

A. The developer shall be responsible for the installation of service lines prior to street paving.

B. All utilities which will serve the parcel being subdivided shall be buried beneath the surface of the ground and shall be located within the easements provided for such use or within the streets, at a location to be determined by the Town.

C. All utility structures shall be included as part of the construction drawings submitted with the final plat.

D. There shall be no above-ground utility structure placed in a street but may be placed within the parkstrip as approved by the Public Works Department.

Easements for utilities and drainage shall be provided where necessary as determined by various public utility agencies and Henefer Town Public Works Department.

1. A ten (10) foot public utility easement shall be required along the perimeter of each lot and parcel.

The requirements of this section may be waived by the Town Council for subdivisions on property which is already serviced by existing infrastructure, such as roads, water, sewer, power, phone, etc.

10.11 Irrigation Ditches and Canals

Easements
Easements for surface water runoff drainage, canals, irrigation ditches, waterways, public utilities, clear vision areas and rights-of-way within the subdivision and across adjoining property may be required by the Town when necessary to properly serve the subdivision or protect the citizens of the Town.

Open ditches or canals shall not be allowed within or adjoining a subdivision except along rear or side lot lines. The subdivider shall work with canal, ditch, drainage, irrigation companies and Henefer Town Public Utilities Department as to:

a. Methods of covering, realigning or eliminating ditches or canals within or adjoining the subdivision.

The size of pipe and culverts required,

The responsibility for the periodic inspection, cleaning and maintenance of such ditches, pipes and culverts shall be approved by the Henefer Town Public Utilities Department. In cases where canals or ditches cross public roads or proposed public roads, specifications and grades for pipe or culvert must be approved by the Henefer Town Public Utilities Department and Town Engineer in accordance with the Town's specifications and details for municipal construction.

The developer may be required to install a six (6) foot non-climbable fence, safety grates or equivalent, along all open ditches, canals, or waterways, open reservoirs or bodies of water, railroad right-of-way and other such features of a potentially hazardous nature, on or contiguous to the property being subdivided as determined by the Planning Commission.

After installation and acceptance by Henefer Town, individual property owners are responsible for maintenance of fences or portions of fences erected upon their property and shall hold Henefer Town harmless for any and all defects of workmanship, maintenance repair and liabilities arising from the erection or intended use of said fence.

Fencing:
Any parcel being subdivided which is adjacent to or has within its boundaries a canal right-of-way shall be required to provide along such right-of-way a non-climbable fence unless otherwise approved by the Planning Commission. The height of the fence shall be at least six (6) feet. The bottom of the fence shall match the grade at the location of the fence so that there are no gaps between the fence and the ground. The developer shall install a concrete strip, if necessary, to eliminate gaps between the bottom of the fence and the ground.

As an alternative to fencing the canal, and with the review and approval of the Henefer Town Public Utilities Department, the developer may pipe the canal. If the canal is piped, the developer must obtain written permission from the canal company and construct the pipe according to canal company requirements and specifications.

All fences bordering canals shall be installed as part of the improvements for the subdivision. No occupancy permit, whether temporary or final, shall be granted until all required fencing is installed in the subdivision.

Where practical, the fence material and type should be alternated to create an "open" appearance and avoid a walled-in alley look.

10.12 Lots

Every parcel of land created by a subdivision shall comply with the minimum lot size requirements of the Town Zoning Ordinance, and shall be platted as part of a subdivision.

No parcel of land shall be created or left unplatted which is either undevelopable or serves merely as a nuisance or lot remnant.

C. All lots shall have the required frontage upon a dedicated and improved street.

D. Where a canal abuts a subdivision the area of the portion of the canal which is located in the lot(s) shall not be included in the computation of total lot size nor side or rear yard setbacks for purposes of determining compliance with the Planning and Zoning Ordinance.

E. All lot corners, points of curvature, tangency, and bearing changes shall be marked with permanent metal stakes approved by the Town. The front corners of the lot shall be marked as per the standard specifications and details for municipal construction.

F. Double frontage, and reverse frontage lots shall be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation.

Where possible, side lot lines shall be substantially at right angles to street lines.

No more than half of any lot shall contain slopes of greater than 30%. If a lot contains any slopes of greater than 30%, the developer must provide evidence that a house that is similar in size and characteristics to other homes in the immediate area, including the proposed subdivision, can be built upon the lot without encroachment of the setback and the necessity of a variance.

The Planning Commission may attach limit of disturbance or building pads to any lot that contains an area of slopes greater than 30%, wetlands, rivers, one hundred (100) year floodplain, or other like sensitive area under the direction of the Town Engineer, Building Official, or Town Planner.

10.13 Seismic Areas

A. Any subdivision or lot on or adjacent to a seismic area shall comply with provisions of the Sensitive Area Overlay Zone and the provisions in Chapter 9 in addition to the following:

A subdivision lot shall be designed so that a building can be erected on the lot without encroaching the zone of deformation. No building shall be erected on or within a zone of deformation. Subdivision plats in seismic locations shall be identified with one (1) inch letters that read "EARTHQUAKE HAZARD AREA" and shall be located on the final plat.

A subdivision, or lot, on or adjacent to an identified fault line or fault escarpment, shall contain two or more access streets.

A special report which details all environmental, geological, and engineering concerns for subdivisions proposed within a sensitive area shall be submitted as outlined in the Sensitive Area Overlay Zone. This information shall also be reviewed by a licensed Geologist.

10.14 Public Sites and Open Spaces

A. Where a proposed park, playground, school, trail or other public use is shown in the General Plan, is located in whole or in part within a subdivision, the Planning Commission may require the dedication or reservation of such area.

B. Where deemed appropriate by the Planning Commission, upon consideration of the particular type of development proposed in the subdivision, the Planning Commission may require the dedication or reservation of such other areas, the need for which is created by or added to by such development for schools, parks, and other neighborhood purposes.

10.15 Additional Requirement

The Planning Commission is empowered to require additional, reasonable improvements to mitigate any anticipated effects of detrimental nature to surrounding property and residents thereof and to safeguard the general welfare of the future inhabitants of the development.

Chapter 11 Subdivision Regulations

11.01 Purposes......................................................................................................................... 122

11.02 Necessity of Subdivision Plat Approval........................................................................ 124

11.03 Review and Approval Procedures:................................................................................. 124

11.04 Validity of Preliminary Plat Approval........................................................................... 127

11.05 Final Plat Requirements and Process:............................................................................ 128

11.06 Validity of Final Plat Approval...................................................................................... 131

11.07 Changes to Final Plat..................................................................................................... 131

11.08 Vacating or Changing a Subdivision Plat...................................................................... 132

11.09 Grounds for vacating or changing a plat........................................................................ 133

11.10 Required Subdivision Improvements............................................................................. 134

11.11 Improvements Installation Priority................................................................................ 137

11.12 Costs of Improvements.................................................................................................. 137

11.13 Bond for Improvements................................................................................................. 137

11.14 Street Dedication............................................................................................................ 139

11.15 Penalties......................................................................................................................... 139

11.16 Divisions of Agricultural Lands..................................................................................... 139

11.01Purposes.

The purposes of this chapter are:

1 . To promote the health, safety and general welfare of the residents of the Town of Henefer [also referred to as "Town" and "Henefer Town" within this Chapter].

2. To ensure the efficient and orderly development of land within the Town of Henefer.

3. To ensure that the Utah State Code provisions are followed to prevent the uncontrolled division and development of real property.

4. To avoid poorly planned developments that:

a. do not comply with the Henefer Town General Plan or Henefer Town ordinances;

b. cannot be adequately served by existing utilities or public services;

c. may prove to be dangerous or unsafe;

d. may cause an undue burden on existing traffic or transportation services; or

e. may require the future expenditure of public funds to correct problems caused by the development.

5. To minimize the number of boundary line disputes in the Town and to eliminate existing property line gaps and property line overlaps.

6. To provide a mechanism requiring each developer to pay for the public improvements associated with a particular subdivision, and to provide a mechanism for each subdivision to pay its fair share of increased burdens on existing public services (including but not limited to impact fees).

7. To provide design standards for public improvements, facilities and utilities, to provide for accesses to public rights-of-way, to provide for the dedication of land and streets deemed necessary for the proper development of the subdivision, and to provide for easements or rights-of-way that are necessary to service the property.

8. This Chapter is designed to inform the property owner and the public of the requirements for obtaining subdivision plat approval. To this end, an attempt has been made to outline all subdivision requirements in this Chapter and other applicable ordinances and laws. Because each parcel of real property is unique and has its own set of problems to be dealt with, and because there may be some aspects of subdivision development that cannot easily be articulated, it is not possible to cover every possible contingency. Therefore, the Town Council, Planning Commission and/or the Town Planner and/or North Summit Fire District have the authority to impose reasonable conditions upon the subdivision approval in addition to those expressly required, provided that:

The conditions are not arbitrary or capricious;

the Council, Planning Commission and/or the Town Planner and/or North Summit Fire District finds that the conditions are necessary to promote the health, safety or welfare of the citizens of Henefer; and

the conditions do not conflict with any applicable law.

11.02 Necessity of Subdivision Plat Approval

A. Any division of real property located within the Town of Henefer which conforms to the definition of subdivision as set forth in this Code is subject to the terms of this Chapter and must obtain the approval of the Town before it may be filed or recorded at the County Recorder's Office.

B. Unlawful Subdivision. It shall be unlawful to transfer, sell, convey, gift, or assign any subdivided property as defined in this Chapter before a final subdivision plat is approved and recorded pursuant to the requirements of this Chapter and applicable State law (Utah Code 10-9-804 or its successor).

C. It is unlawful to amend, vacate, alter or modify any plat which has already been approved and/or recorded, without first receiving Town approval of the amendment, vacation, alteration or modification.

D. It is unlawful to divide real property in such a way that a parcel of property is created or left behind (lot remnant) that cannot be developed according to the requirements of the Henefer Town Land Development Code or other applicable laws, regardless of whether or not a subdivision plat is required for the division. Examples of this type of violation include, but are not limited to, nuisance or protection strips (other than those allowed by law), parcels created or left for the sole purpose of denying another property owner access to his or her property, parcels with insufficient square footage, parcels with insufficient buildable area, parcels that do not meet the sensitive area requirements of the Henefer Town Land Development Code, or parcels that cannot be included in future subdivided parcels, and parcels that do not abut on a dedicated street.

11.03 Review and Approval Procedures:

Application: A complete application form for a Subdivision shall be made by the property owner or certified agent thereof and submitted to the Town Planner.

Fee: The application shall be accompanied by the appropriate fee established by resolution of the Town Council.

Submission Requirements:

1. Conceptual Plan: Where developments are located in the Sensitive Overlay Zone, a conceptual plan shall be submitted for review by the Planning Commission, in accordance with Chapter 9 of this Ordinance. If the conceptual plan is acceptable, the developer may proceed to the preliminary plat stage.

Preliminary Plat: The purpose of the preliminary plat is to review and plan for the overall development of the subdivision and the land surrounding the subdivision. The preliminary plat must be approved for the parcel prior to final plat approval.

3. The application for preliminary plat approval shall include the following:

Four (4) full size (minimum size - 24" x 36") copies, one (1) 8 1/2" x 11" reduction, and one (1) digital copy.

The preliminary plat shall be drawn on standard drafting medium, and shall be drawn to scale. The scale indicated on each sheet, but shall not be less than one inch (1") equals fifty feet (50') and must include the following:

i. An arrow indicating north and a vicinity map, drawn on each sheet.

ii. The proposed name of the subdivision. Approval of the subdivision name shall be authorized by the Summit County Recorder's Office.

iii. The names and addresses of the property owner(s), the developer and the engineer or surveyor of the proposed subdivision.

iv. The names of the current owners of all parcels immediately adjoining the proposed subdivision, and the boundary lines of such parcels, as may be required by the Town Planner.

v. Contours drawn at two (2) foot intervals.

vi. The boundary lines of the parcel to be subdivided.

vii. The dimensions and square footage of each lot.

viii. The building setbacks for each lot.

ix. The dimensions and locations of existing and proposed improvements, structures, easements, and topographical features within the parcel to be subdivided.

x. The location and dimensions of existing and proposed agricultural irrigation systems (including ditches, canals and pressurized irrigation systems).

xi. The location of any sensitive lands, streams, rivers, and or wetlands.

xii. Where the preliminary plat covers only a part of a larger unsubdivided area, the plat shall show the location of the subdivision as it forms part of the larger area, and shall include a sketch proposing a future street system to the unsubdivided area.

xiii. A storm water drainage plan, approved by the Town Public Works Manager or designee, that is designed to accommodate the water generated by a "ten year storm" with 100 year routing.

xiv. The location and actual setbacks of existing structures within the preliminary plat boundaries, and a notation as to whether the existing structures will remain or be demolished.

xv. All public and private easements shall be shown, including, but not limited to utilities, irrigation ditches, and roads.

xvi. On Subdivisions which are contiguous to an agricultural area or preservation or will contain an agricultural open space or preservation, a note shall be placed on the plat in conjunction with Henefer Town Right to Farm Ordinance, stating such and that agricultural operations work hours begin early and run late and that these operations may contribute to noises and odors objectionable to some residents.

xvii. A note on the plat which states the following: It is unlawful to occupy a building located within any development without first having obtained a certificate of occupancy issued by Henefer Town, in accordance with the International Building Code .

xviii. Signature blocks including but not limited to the following as required by the Planning Commission: Town Engineer, Fire District, Mayor and Recorder, Planning Commission Chair, Health Department, Irrigation Company, Utility Companies, etc.

c. Tabulations showing:

i. Total number of acres in the proposed development; and

ii. Total number of lots or buildings sites; and

iii. Density Calculations, showing percentages of total development in roads, open space, lots, etc.

d. The following documents shall be included with the application:

i. Any other documents related to the development that the Town may reasonably require, including letters of approval from the Town Engineer, Town Attorney, and Fire District.

ii. All necessary documents, reports, maps, etc. as required for developments located within the Sensitive Area Overlay, as indicated in Chapter 9 of this Ordinance.

iii. On Subdivisions which are contiguous to an agricultural area or preservation or will contain an agricultural open space or preservation, the developer will be required to provide the Town with an agricultural impact analysis to be in conjunction with Henefer Town Right to Farm Ordinance.

Review & Approval

The application is reviewed to determine compliance with all applicable Town ordinances and the Henefer Town General Plan by the Town Planner.

If the development proposed in the application meets all the applicable regulations and standards, it is forwarded to the Planning Commission for preliminary plat review.

The Planning Commission, after a public hearing, may make a recommendation to the Town Council to approve, conditionally approve, or deny the application request. If the Commission denies a request, it shall state the reasons for the denial.

The Town Council, after a public hearing, may approve, conditionally approve, or deny the application request. If the Council denies the request it shall state the reasons for the denial.

5. If approved, or conditionally approved, the applicant shall submit Final Plat and Construction Drawings to the Town Planner for compliance with the conditions set forth in the Preliminary Plat approval.

11.04 Validity of Preliminary Plat Approval

A. An approved preliminary plat is valid for one (1) year. The Planning Commission may grant one six (6) month extension of the preliminary plat, provided the plat still complies with all applicable ordinances. No person or entity obtains a vested right to develop the property by reason of obtaining preliminary plat approval.

B. If a property owner desires to record the final plat in two (2) phases the validity of the unrecorded portion of the preliminary plat may be extended by the Planning Commission for six (6) months from the date of recording that final plat.

C. If the developer desires to change the grade or location of streets within the subdivision, or desires to increase the number of lots in the subdivision, or substantially alter the original subdivision design, the developer must submit the preliminary plat for review again according to the Review and Approval Process outlined in Chapter 11.04-D.

D. The Town Planner may, in his discretion, approve changes to the preliminary plat to decrease the number of lots in the subdivision, to make minor lot boundary changes, or to make other minor changes without requiring that it be reviewed by the Planning Commission.

11.05 Final Plat Requirements and Process:

A. Content of Final Plat and Required Documents: Upon approval of a Preliminary Plat, the developer shall submit the subdivision plat for final plat approval to the Town Planner with the required fees.

B. The documents for final plat approval shall include the following:

1. All documents required in Chapter 10

All documents and plat requirements as identified in Chapter 9 if located within the Sensitive Overlay Zone.

Four (4) full size (24" x 36") copies, one (1) small size (8 ½ x 11), and one (1) digital copy.

4. The final plat shall be drawn on a mylar sheet approved by the Summit County Recorder’s Office.

5. The final plat shall be drawn with all lines, dimensions and markings made in waterproof black drawing ink.

6. The final plat shall be drawn to scale. The scale shall be indicated on the plat and shall not be less than one inch (1" = fifty feet (50').

The final plat shall contain the following:

An arrow indicating north on each sheet.

The name of the subdivision, as approved by the Summit County Recorder’s Office.

The subdivision boundary lines showing the proper bearings and dimensions, which lines shall be of heavier line weight than any other lines on the drawing, and which shall be referenced to two monuments.

The names, widths, lengths, bearings and curve data of all areas intended for public use.

Lot numbers, approved street names with coordinates as determined by staff and street addresses of which numbering shall be in accordance with the Town street numbering system.

The bearings, dimensions, and square footage of each lot.

The bearings, dimensions, and locations of all easements within the subdivision, including but not limited to roads, utilities, and irrigation ditches.

A "Certificate of Survey" with a metes and bounds description, the signature of a land surveyor licensed in the State of Utah, and the land surveyor's seal.

An "Owners Dedication" block, with signatures from all property owners and lien holders of the subdivision. Signatures must be acknowledged by a notary public, as required by the Summit County Recorder's Office and Henefer Town.

A notice of all covenants, conditions and other restrictions which may be relevant and applicable to the property contained within the final plat.

A Planning Commission's approval block for the signature of the Planning Commission Chair.

A Summit County Health Department approval block for appropriate signature, as necessary for subdivisions with septic tank installation.

School District, Fire District, Irrigation Company, Utility Companies, Town Engineer and Public Utilities Department (as existing) signature blocks, as required by the Planning Commission.

A Town Attorney's approval block for signature of the Henefer Town Attorney.

An approval block for the signatures of the Mayor and attestation by the Town Recorder.

Include all requirements of the Sensitive Overlay Zone upon the plat, including, but not limited to: location of known earthquake faults and their respective zones of deformation, hillside slopes greater than 10%, rivers, streams, wetlands, etc.
On Subdivisions which are contiguous to an agricultural area or preservation or will contain an agricultural open space or preservation, a note shall be placed on the plat in conjunction with Henefer Town Right to Farm Ordinance, stating such and that agricultural operations work hours the begin early and run late and that these operations may contribute to noises and odors objectionable to some residents.

8. The following documents shall be submitted with the final plat:

Construction drawings showing existing ground and/or asphalt elevations, planned grades and elevations of proposed improvements and the location of all public utilities. Improvements shown on the construction drawings shall be in accordance with the preliminary plat. The Town may adopt a policy governing additional requirements for Construction drawings. All Construction drawings shall have the designing engineer's state license seal stamped on all submitted sheets. No final plat shall be approved by the Mayor until the construction drawings have been approved by the Town Engineer.

Documents evidencing conveyances or consents from owners of property within the subdivision when such are required by law.

A signed and notarized Public Improvement Agreement.

A preliminary title report prepared within the previous 30 days. (Must coincide with owners signatures on final plat)

A bond to cover improvements as required by the Town Engineer. Bonds acceptable to Henefer Town include: Escrow, Surety, Letters of Credit, and Cash.

Any other documents the Town may require.

9. The property must be developed and the improvements constructed in strict compliance with the approved final plat, approved construction drawings, and the Town's Construction Standards and Specifications. Failure to note any improvement required by this Chapter on the final plat or the construction drawings shall not eliminate the developer's responsibility to complete those improvements in the subdivision.

Final Plat Review and Approval

1. The documents and plat are reviewed to determine compliance with all applicable Town ordinances and the Henefer Town General Plan, as well as compliance with conditions of approval and changes requested by the Planning Commission during Preliminary Plat Approval.

If the development proposed in the application meets all the applicable regulations and standards, it is forwarded to the Planning Commission for final plat review and signature.

The final plat is then forwarded to the Town Council for final review and signature with any recommendations or conditions indicated during preliminary plat approval.. The Town Council, shall review the final plat and shall approve, modify, or deny the application request in accordance with all applicable Town ordinances. The Mayor shall affix his/her signature to the final plat upon approval of the plat, which signature shall be attested to by the Town Recorder.

4. The developer shall pay all applicable development fees as generated by the Town Engineer and post any required bonds prior to the Town releasing the mylar to be recorded.

5. The developer shall be responsible for plat recordation with the Summit County Recorder's Office. In addition, the following shall be returned to Henefer Town prior to the issuance of any building permits:

1 mylar copy of the recorded subdivision plat.

2 blue print copies of the recorded subdivision plat.

1 letter size (8 1/2" x 11") copy of the recorded subdivision plat.

Any development request that is denied by the Town Council shall not be considered again for one year from the date of said denial.

11.06 Validity of Final Plat Approval

The final plat shall expire and be void one (1) year after signature by the Mayor, unless the plat has been recorded. The Planning Commission may grant a six (6) month extension of the final plat, provided the final plat still complies with all applicable ordinances.

11.07 Changes to Final Plat

The Town Planner and Public Works Director may, in their discretion, approve minor changes to approved final plats before the plat is recorded. The types of minor changes contemplated by this section include legal description mistakes, minor boundary changes, and items that should have been included on the original final plat. Major changes to unrecorded approved final plats shall be reviewed by the Planning Commission and Town Council in accordance with 11.04-D for approval if the Town Planner determines the changes are substantially different from the original approval. Changes to recorded final plats shall be in accordance with state law and any policies or procedures adopted by the Town.

11.08 Vacating or Changing a Subdivision Plat^{^[2]}

A. Purpose: When altering any property line that is located within a recorded subdivision plat, the Town Planner and Planning Commission must review to ensure that the proposed alteration is in accordance with this Ordinance.

B. Application: A complete application form for a Plat Amendment shall be made by the property owner or certified agent thereof and submitted to the Town Planner for review.

C. Fee: The application shall be accompanied by the appropriate fee established by resolution of the Town Council.

D. Submission Requirements: The application shall be accompanied by a surveyed plat indicating the existing and proposed property line location, easements, rivers, water bodies, wetlands, roads, floodplains, or other information sufficient to meet the requirements of a plat amendment to demonstrate that the general and specific requirements of this Ordinance will be met.

E. Review Process

1. Plat Vacation Process: The Planning Commission may, with or without petition, consider any proposed vacation, alteration, or amendment of a subdivision plat, any portion of a subdivision plat, or any street, lot, or alley contained in a subdivision plat at a public hearing.

2. If a petition is filed, the Planning Commission shall hold the public hearing within 45 days after it is filed.

3. Any fee owner, as shown on the last county assessment rolls, of land within the subdivision that has been laid out and platted as provided in this part may, in writing, petition the Town Council to have the plat, any portion of it, or any street or lot contained in it, vacated, altered, or amended as provided in this section.

4. A petition to vacate, alter or amend an entire plat, a portion of a plat, or a street or lot contained in a plat shall include:

a. The name and address of all owners of record of land adjacent to any street that is proposed to be vacated, altered, or amended; and

b. The signature of each of these owners who consents to the petition.

5. Petitions that lack the consent of all owners referred to in subsection 4(a) may not be scheduled for consideration at a public hearing before the Planning Commission until the notice required by this section is given.

6. When the Planning Commission proposes to vacate, alter, or amend a subdivision plat, or any street or lot contained in a subdivision plat, they shall consider the issue at a public hearing after giving the notice required by this section.

a. Notice of Hearing for Plat Change^{^[3]}

1. The Planning Commission shall give notice of the date, place, and time of a hearing before them to consider a vacation, alteration, or amendment without a petition or to consider any petition that does not include the consent of all land owners as required by subsection (A) by mailing the notice of hearing to all owners referred to in Section (A) addressed to their mailing addresses appearing on the rolls of the county assessor of the county in which the land is located.

2. If the proposed change involves the vacation, alteration, or amendment of a street, the Town shall give notice of the date, place, and time of hearing by:

i.mailing notice as required in Subsection (a)(1); and

ii. publishing the notice once a week for four consecutive weeks before the hearing in a newspaper of general circulation.

11.09 Grounds for vacating or changing a plat.^{^[4]}

A. Within 30 days after the public hearing required by this part, the Planning Commission shall consider the petition.

B. If the Planning Commission is satisfied that neither the public nor any person will be materially injured by the proposed vacation, alteration, or amendment, and that there is good cause for the vacation, alteration, or amendment, the Planning Commission may recommend to the Mayor to vacate, alter, or amend the plat, any portion of the plat, or any street or lot.

C. The Town may ensure that the vacation, alteration, or amendment is recorded in the office of the county recorder.

D. An aggrieved party may appeal the Planning Commission's decision to the Town Council.

11.10 Required Subdivision Improvements

A. In determining the particular needs of the subdivision the Town shall also consider:

1. The requirements of the International Building Code, International Fire Code, Town Ordinances, and the Urban Wildland Interface Code.

2. The topography of the property, the type soil on the property, the existence of subsurface water drainage systems in the vicinity of the property, and the Town's storm water drainage master plan.

3. The extent to which the proposed subdivision causes or contributes to the need for the improvement.

4. The need for the improvement to protect the health, safety and welfare of residents of the subdivision and the community at large.

5. The types of development and uses adjacent to the subdivision.

The following improvements are mandatory in all subdivisions and shall be installed by the developer in accordance with the Town's Construction Standards and Specifications.
Street paving (including proper road base)

Curbs, gutters, and sidewalks.

Drive approaches for each lot.

Culinary water systems.

Sanitary sewer systems.

Surface water runoff drainage systems.

Town survey monuments.

Permanent markers to identify lot corners (as required by Henefer Town Engineering).

Utilities (overhead and underground as required by this Development Code).

Night sky friendly street lighting system.

The Town may also require the developer to install or provide any or all of the following improvements according to the particular needs of the subdivision:

Fire hydrants.

Subsurface water drainage systems.

Bridges.

Fencing and barrier walls.

Grading.

Retaining walls.

Landscaping and/or streetscape.

8. Public facilities.

Open Space and/or trails.

Pipe, relocate, or abandon irrigation ditches.

Engineered footings.

Extending and constructing roads, sidewalks, water lines and sewer lines beyond the boundary of the subdivision.

Any other improvements as may be required by the Henefer Town Engineer.

Flood Control System

Regulatory signs

The developer may be required to install off-site improvements when it is shown that the proposed subdivision causes or contributes to the need for such improvements. In cases where the proposed subdivision causes or contributes to the need for off-site improvements, but the developer is not required to install them, the Town may impose an impact fee as allowed by law, or may otherwise require financial contribution pursuant to written agreements between the Town and the Developer. Whether or not the developer actually installs the improvements, the Town may require that owners of other undeveloped properties, the development of which will also contribute to the need for the improvements, pay impact fees or be party to such agreements. The fees or the monies collected pursuant to agreements shall be used towards the costs of installing the improvements.

All required improvements shall be completed and pass Town inspections within two (2) years of the date the subdivision is approved or at a date to be determined by the Town. All curb, gutter, sidewalk, base gravel and compaction must be installed in accordance with the Town's standard specifications and details for municipal construction and approved by the Town before any temporary or final occupancy permits will be issued for any lot in the subdivision.

All subdivision improvements shall be completed by qualified contractors in accordance with the Town's standard specifications and details for municipal construction. No work may be commenced on public improvements without first obtaining a permit from the Town.

Unless otherwise authorized by the Town Council, no building permit for any structure may be issued until the following subdivision improvements have been installed:

1. Street paving (including proper road base).

2. Curb, gutter and sidewalk.

3. Permanent markers to identify lot corners.

4. Operational fire hydrants.

5. Water and sewer line facilities.

6. Storm drainage facilities.

When installing any of the subdivision improvements, the developer and contractors shall be required to keep all paved streets, sidewalks and gutters within or outside the subdivision, free from any debris, trash, mud or dirt from the project. Upon notification by the Town of a violation of this provision, the developer and/or contractors shall have the affected areas cleaned within twenty-four (24) hours. If he fails to do so, the Town may clean the affected areas with the developer providing reimbursement to the Town for all costs incurred. EXCEPTION: Small mounds of dirt placed over the curb, gutter and sidewalk may be placed during the initial construction phase of the home to protect the said improvements from damage. However, this exception does not release the developer or his successors from the requirement to keep the street clean and free of mud and debris.

11.11 Improvements Installation Priority

A. Underground utilities, service lines, storm drainage facilities, water system, sewer system including laterals, shall be installed and approved prior to the installation of any other street improvements, unless the Public Works Director or the appropriate governing body waives this requirement in writing.

All new sewer lines shall be inspected by the Henefer Town Public Works Department.

C. All new water lines and/or connections shall be inspected by the Henefer Town Public Works Department.

D. All new storm drain facilities shall be inspected by the Henefer Town Public Works Department.

E. All new street lights must be night sky friendly and shall be inspected by the Henefer Town Public Works Department.

11.12 Costs of Improvements

The developer shall pay for all costs of designing, purchasing, installing, warranting and otherwise providing the improvements required by this Chapter.

11.13 Bond for Improvements

A. The developer of a subdivision shall bond or escrow for the proper and timely installation of all subdivision improvements required by the Town. Required improvements include:

1. All improvements required by Town ordinances.

2. Improvements shown on preliminary plats, final plats and construction drawings approved by the Town.

The developer's bond shall guarantee that all required improvements will:

1. Be constructed in accordance with the Town's standard specifications and details for municipal construction as approved by the Town Engineer.

2. Be completed and pass Town inspection within two (2) years of the date that the bond is issued or other date if determined by the Town.

3. Remain free from defects for a period of one (1) year following the date that all improvements pass Town inspection. A sum equal to ten percent (10%) of the total amount covered by the bond shall be held and not released for a period of one (1 ) year after all improvements are completed and final inspection is made by the Town. The purpose of this warranty is to assure that the improvements will be free from defects or damage for at least one year. The developer shall repair or replace any improvements which are or become defective during this time period. All repairs or replacements shall be made to the satisfaction of the Town. The Town may require the developer to guarantee and warrant that any repairs remain free of defect for a period of one (1) year following the date that the repairs pass Town inspection. The Town may retain the developer's bond until the repairs have lasted through the warranty period, and may take action on the bond if necessary to properly complete the repairs.

C. The bond guaranteeing the developer's timely and proper installation of required improvements shall be equal in value to at least one hundred ten percent (110%) of the cost of the required improvements, as estimated by the Town Engineer. The purpose of the bond is to enable the Town to make or complete the required improvements in the event of the developer's inability or failure to do so. The Town need not complete the required improvements before collecting on the bond. The Town may, in its sole discretion, delay taking action on the bond and allow the developer to complete the improvements if it receives adequate assurances that the improvements will be completed in a timely and proper manner. The additional ten percent (10%) will be used to make up any deficiencies in the bond amount and to reimburse the Town for administrative costs, including attorney's fees.

D. The bond types approved by Henefer Town include: escrow, surety, letters of credit and cash in favor of the Town. The Town must approve any bond submitted pursuant to this section. The Town reserves the right to reject any bond. Letters of credit and escrow bonds shall be from a federally insured bank or equivalent financial institution and shall be submitted on a form approved by the Town Attorney.

No final subdivision plat shall be recorded until the developer of the subdivision has clearance of all property taxes owed upon the parcels to be dedicated to the Town and tendered the bond and entered into an agreement with the Town in which the developer agrees to install the improvements as required by this Chapter and agrees to indemnify and hold the Town harmless from any claims, suits, or judgements arising from the condition of property dedicated to the Town, from the time that the property is dedicated to the Town to the time when the improvements on the dedicated property are finally accepted by the Town (including the passage of the warranty period).

F. If for any reason, the funds or bonds set aside or provided for the guarantee of improvements are insufficient to properly complete the improvements, the developer shall be liable to complete the improvements required by this Chapter. If the developer is a corporation, the principal officers of the corporation may be personally liable to complete the improvements.

G. The bonds required by this section are for the sole benefit of the Town. The bonds are not for the benefit of any individual citizen or identifiable class of citizens, including the owners or purchasers of lots within the subdivision. The bonds are not for the purpose of ensuring payment of contractors, subcontractors, or suppliers of labor or materials, and no contractors, subcontractors or suppliers of labor or materials shall have a cause of action against the Town or the bond for providing labor or materials.

11.14 Street Dedication

Unless previously dedicated, declared a private street, or located within a specially planned development, the developer shall dedicate to the Town the full width of all street rights-of-way on the final plat; provided, however, that in cases where a proposed street in the subdivision parallels undeveloped property where no street currently exists and evidence is provided showing that the owner of the abutting property has no intention of developing it within the near future, and as may be recommended by the Town Engineer and approved by the Planning Commission and Town Council, the Town Council may waive the full width dedication requirement and allow the dedication of a lesser width if he or she finds that it promotes the public interest. In no case however, shall the pavement width allowed be less than twenty-five (25) feet.

11.15 Penalties.

A. Any plat of a subdivision filed or recorded without the approvals required by this part is void.

B. Any owner or agent of the owner of any land who transfers or sells any land before a plan or plat of the subdivision has been approved and recorded as required in this part is guilty of a violation of this part for each lot or parcel transferred or sold.

C. The description by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring does not exempt the transaction from a violation or from the penalties or remedies provided in this part.

11.16 Divisions of Agricultural Lands

A. The purpose of this section is to exempt lots or parcels that result from the division or partition of agricultural land from the requirements of a subdivision process. Land may be divided without first going through a development, subdivision, or platting process if the land is a bona fide division or partition of agricultural land for agricultural purposes.

B. Criteria: A lot or parcel may be legally divided or partitioned for agricultural purposes, or shall be deemed so if already existing, if it meets the following requirements:

1. The parcel or lot qualifies as land in agricultural use under Section 59-2-502 of Utah Code Annotated; and

2. The land is not used and will not be used for any nonagricultural purpose.

C. Review Procedure: The Town Planner member shall verify the criteria set forth in this section in order to determine whether an existing or prospective division or partition of agricultural lands for agricultural purposes complies with the requirements of this Section. This decision may be appealed to the Town Council.

D. Exemption from Subdivision Process or Plat Requirements; Recording: Parcels or lots meeting the criteria in subsection B above are exempt from the requirements of the subdivision process or plat requirements, however, the boundaries of each lot or parcel exempted shall be either described in a deed through a metes and bounds description recorded with the County Recorder or graphically illustrated on a record of survey map recorded with the County Recorder.

E. If a lot or parcel that is divided or partitioned pursuant to this section is thereafter used for a nonagricultural purpose, the lot or parcel must comply with the requirements of Chapter 10 and 11.

Appendix

Definitions

It is the intent of the Town Council to define certain words and phrases as a means of facilitating understanding of terms which may not be universally understood in the sense that the Town Council intends that they should be understood. Words used in the present tense include the future, the singular includes the plural, and the plural, singular.

1. Agriculture -- means the science and art of the production of plants and animals useful to humans including the preparation of plants and animals for human use and disposal by marketing or otherwise.

2. Apartment, Accessory : A housing unit with its own kitchen, bathroom, and sleeping quarters that is either self-contained but incorporated within an existing structure that is designed as a single family dwelling, or detached from an existing structure.

Base flood: a flood having a one percent chance of being equaled or exceeded in any given year. Also see Flood plain, one-hundred year.

4. Building -- Any structure built for the support, shelter, or enclosure of person, animal, chattels, or property of any kind.

5. Building, Accessory --A subordinate building, the use of which is incidental to that of the main building and is not used for living space.

6. Building, Main --Principal building upon a lot which use is primary.

Buildable area: the portion of a lot which, in its natural state, has an average percent of slope less than thirty percent (30%), with a contiguous building area of at least 5,000 square feet.

8. Clinic --A building used for the diagnosis and treatment of ill, infirm, and injured persons, but which building does not provide board, room or regular hospital care and services.

9. Club: A building, or portion thereof, used, occupied, and operated by an organized association of persons for social, fraternal, religious, or patriotic purposes, whose activities are confined to the members and their guests, but shall not include any organization, group or association, where the principal activity is to render a service usually and ordinarily carried on as a business.

10. Common Area: A jointly owned area designed to serve two or more dwelling units or separate uses with convenient access to the area.

Conditional Use: Those uses which are permitted in a particular zone district upon showing that such use at a specific site within that zone district will comply with all conditions and standards specified in this title for ensuring compatibility with surrounding land uses.

12. Commerical, Service: A building or portion therein, which is designed and intended to serve the daily or frequent trade or service needs of surrounding population. Such establishments include grocery stores, convenience stores, drug stores, coin-operated laundry and dry-cleaning establishments, beauty salons, barber shops, or combination thereof, but do not include repair garages, automobile sales yards, clothing stores, or restaurants of any kind.

13. Cut: Excavated material or the void resulting from the excavation of earth material and is measured from natural grade to finished grade.

14. Density: A measurement of population density recorded as the number of dwelling units per net developed acre. Measurements of density for the purposes of residential development shall not include those areas dedicated as open space, street right-of-way, easements, or similar uses.

15. Development: Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

16. Development Site: shall mean and include the total perimeters of:

A subdivision, as defined elsewhere in this Title.
A tract, lot or parcel of land intended to be used as a commercial, public, quasi-public, utility or other building site.

17. Drive-In: Any form of merchandising, serving, or dispensing of goods or services in which the customer is served while remaining in a vehicle.

18. Dwelling Unit: One or more rooms in a building designed for living purposes, having one kitchen, sleeping quarters, and an independent bathroom.

19. Dwelling, One-Family: A building containing one (1) dwelling unit which is designed for or occupied by one (1) family, as defined by this Ordinance.

20. Dwelling, Multiple-Family: A building containing two (2) or more separate dwelling units, each of which is designed for or occupied by one (1) family, regardless of relationship to one another.

21. Environmental Impact Statement: A statement prepared by an engineer, geologist, or other person qualified by training or experience, as determined by the Planning Commission or appropriate licensing agency, which indicates or describes the impact that the development will likely have on the natural features of the immediate area, and which describes the measures that will be taken to lessen the occurrence of adverse conditions with respect to:

a. Control of erosion within the subdivided area;

b. Reseeding of cuts and fills;

c. Provision for potable water;

d. Disposition of any geologic hazards or soil conditions which may cause injury to persons or injury or damage to improvements which may be constructed in the development, such as buildings, water and sewer lines, and streets;

e. Provision for the proper disposal of solid and liquid wastes that will likely come from the occupants of the development when it is fully developed;

f. Prevention of fire and control of dust;

g. Prevention of the accumulation of weeds and debris;

h. Prevention of the destruction of vegetation or else the establishment of new vegetation;

i. Disposal of surface water and disposition of flood hazards;

j. Prevention of impacts to wetlands, Weber River, and irrigation ditches.

22. Excavation- the removal of earth from its natural position, or the cavity resulting from the removal of earth.

23. Family: An individual or two or more persons related by blood, marriage, or adoption or three non-related people living together in a single dwelling unit and maintaining a common household. A family may include three, but not more than three non-related persons living as guests with the residing family. The term family shall not be construed to mean a group of unrelated individuals, a fraternity, club or institutional group.

24. Fence: Any tangible barrier, an obstruction of any material, a line of obstacles, lattice work, screen, wall, hedge, or continuous growth of shrubs or trees with the purpose of, or having the effect of, preventing passage or view across the fence line.

25. Fill: Earth materials used as a manmade deposit to raise an existing grade, or the depth or the volume of such material. The reference for a fill shall be measured from natural to finished grade.

26. Flood: A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or the unusual and rapid accumulation or run off of surface waters from any source.

27. Flood Insurance Rate Map (FIRM): means the official map on which the Federal Emergency Management Agency has delineated both the one-hundred year floodplain and the risk premium zones applicable to Henefer Town.

28. Floodplain - Land adjacent to a waterway which may be submerged by a temporary rise in the waterway's flow due to an unusual or rapid accumulation of runoff or surface water.

29. Floodplain, one-hundred year: means the land in the floodplain within Henefer Town subject to a one percent or greater chance of flooding in any given year. See also Base Flood.

30. Final plat: The map or plat and supporting documents, prepared in accordance with the provisions of this Chapter and prepared for recording in the Office of the Summit County Recorder.

31. Floor Area: The sum of the areas of the several floors of a building, including attached garages, basements, mezzanines, and closets, all of headroom height, measured from the exterior walls or from the center line of walls separating buildings. The floor area does not include unoccupied features such as pipe trenches, exterior terraces or steps, chimneys, roof overhangs, etc.

32. Frontage: The width of a lot or parcel abutting a public right-of-way measured at the front setback line.

33. General Plan: The General Plan for the Town of Henefer, which has been prepared and adopted for the purpose of guiding future land development within the Town and the Annexation Declaration Area, pursuant to State Law.

Grade, natural: Elevation of the surface of the land prior to commencement of construction of any improvements proposed or the placement of any fill on the site.

Grade, final: the last stage of grading a soil or gravel material prior to landscaping or the installation of concrete or bituminous paving, or other required final surfacing material.

Grade, sub- the soil prepared and compacted to support a structure or a pavement system, or the elevation of the bottom of the trench in which a sewer or pipeline is laid.

Height: For the purpose of measuring the height of any building from finished grade, the measurement shall be the vertical distance from finished grade to the highest point of a flat or pitched roof or other portion of a structure, excluding chimneys, mechanical equipment essential to the building, and solar panels. This measurement shall occur at any point within the exterior walls of the building or structure. Vertical architectural features on Houses of Worship, such as steeples which are associated with the religious function of the building, may be constructed 2-1/2 times the height of the building.

Hillside area: an area with a slope of thirty percent (30%) or greater.

Home Occupation: Any business conducted within a dwelling and carried on by persons residing in the dwelling, which is clearly incidental and secondary to the use of the dwelling unit for residential purposes.

40. Household Pets: Household pets, including dogs, cats, rabbits, ducks and chickens, on a non-nuisance basis for family use only (non-commercial), which may include cages, pens, and coops, etc.

Houses of Worship: A church or institution that persons regularly attend to

participate in religious services, meetings and other related activities.

Institutional Use: A use operated by a private or public non-profit educational, recreational, charitable or public service organization, such as having the purpose primarily of serving the general public, but not including Houses of Worship.

Impervious Materials: matter that is impenetrable by moisture.

Industrial Uses: Operations which include the storage, manufacturing and processing of agricultural or timber products, minerals extraction and production, treatment, packaging, wholesaling, fabrication, assembly and warehousing.

45. Kennel: A property or building used in the keeping of four or more dogs over the age of four months old.

46. Landscaping: Combination of planted trees, shrubs, vines, ground cover, flowers, or lawns. In addition, the combination or design may include rocks and such structural features as fountains, and art work, but such objects alone shall not meet the requirements of this Ordinance. For non-residential projects, the selected combination of objects for landscaping purposes shall be arranged in a harmonious manner as evaluated and determined by the Town Planner.

47. Lowest floor: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance.

48. Lot - A parcel of real property describable either by metes and bounds, or by another legal plat designation held or intended to be held in separate ownership, or a parcel or unit of land shown as a lot or parcel on a recorded subdivision plat. The existence of a lot does not necessarily mean that a structure can be constructed thereon. In order to obtain a building permit to construct a building on a lot, the lot must have been lawfully created in accordance with the Henefer Town Zoning Ordinance at the time. (See definition of Lot of Record).

49. Lot, Corner: A lot situated with frontage on two public streets.

50. Lot, Interior: A lot situated with one street frontage.

51. Lot, Zoning : A parcel of land, that meets all the requirements for area, buildable area, frontage, width, yards, setbacks, and any other requirements set forth in this Ordinance for the construction of a building or permitted use.

Lot of Record (Lawfully Created Lot): A parcel or lot that was lawfully created and recorded in the County Recorder’s office prior to the effective date of the original Henefer Town Zoning Ordinance (January 5, 1982) is a lot of record. A lot designated on a subdivision plat approved by the Town of Henefer and duly recorded pursuant to statute in the County Recorder’s office is a lot of record. Any parcel or lot that was created legally in accordance with the Ordinances and State statutes in effect on the date of said creation as recorded by deed on record with the office of County Recorder is a lot of record. There are parcels/lots within Henefer Town, that, while their existence may be recorded in the office of the Summit County Recorder, were not lawfully created in accordance with the ordinances of Henefer Town as described herein. Henefer Town will not issue a building permit for such parcels/lots.

53. Manufactured Home: A dwelling unit which meets the state statute and Uniform Building Code for permanent structures designed to be transported after fabrication and which is ready for occupancy as an independent unit except for connection to utilities and placement on a permanent foundation. The term "manufactured home" does not include a "recreational vehicle."

54. Manufactured home park or subdivision: a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

55. Mobile Home: A vehicular or portable structure which is constructed for movement on the public highways; which is designed for use as a residence, but which has not been demonstrated to conform to the requirements of the building code for other residences.

56. Mobile Home Park : An area or tract of land used for the leasing of space to accommodate two or more occupied mobile homes.

57. Monument- a permanent survey marker established by the Summit County Surveyor and/or a survey marker set in accordance with the Town Engineer's specifications and referenced to Summit County survey monuments.

58. Motel - One or more buildings containing individual sleeping rooms or living units designed for use by automobile tourists or transients for rent on a daily or weekly basis.

Natural state- the condition of land which has not been graded, disturbed, or built upon.

New construction: structures for which the "start of construction" commenced on or after the effective date of the original ordinance, and includes any subsequent improvements to such structures.

Night Sky Lighting: Lighting fixtures that emit light below 90 degrees when measured from 0 to 180 degrees vertical. Night Sky fixtures keep most of their light from reaching the night sky.

NON-CONFORMING: The use of a building, structure or activity which does not conform to current use regulations for the district in which it is situated.

63. Non-Conforming, Legal: A building, structure, or activity, which does not conform to the regulations of this Ordinance applicable to the zone or district in which such building or use is situated but which was in lawful existence prior to the effective date of this Ordinance.

64. Nursery, Day Care: A home or building in which children are cared for by a person other than the child’s parent or legal guardian for compensation. Does not include overnight accommodations for such children as does a foster home or an orphanage.

65. Open Space : Land areas designated and approved as open space on the development site plan that are not occupied by buildings, structures, parking areas, streets or alleys. Open space may be devoted to landscaping and or the preservation of natural features.

66. Parking Space: Space within a parking area, for the parking of a motor vehicle.

Preschool: School for early childhood education, prior to kindergarten, and operated by teachers licensed by the State of Utah.

68. Public Parks and Playgrounds: A tract of land which is owned by a public entity for public use and which has been partially or totally developed or designated for recreational purposes.

69. Recreational Vehicle (Camper, Travel Trailer, Motor Home, Vacation Vehicle): A vehicular unit, other than a mobile home, primarily designed as a temporary dwelling for travel, recreational and vacation use, which is either self-propelled or is mounted on or pulled by another vehicle; including but not limited to: a travel trailer having a width of eight (8) feet or less and a length of thirty-two (32) feet or less, a truck camper, and motor home comprised of a self-propelled vehicle primarily designed as a temporary dwelling for travel, recreational use, and vacation use.

70. Recreational vehicle: means a vehicle which is (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projections; (3) designed to be self-propelled or permanently towable by a light duty truck; and (4) designed primarily not for use as temporary living quarters for recreational, camping, travel or seasonal use.

71. Recreational Vehicle Court (Vacation Vehicle Court) : An area or tract of land used to accommodate two or more occupied recreational vehicles, on a temporary basis, whether for fee or not.

72. Rest Home (Nursing Home, Convalescent Home): A building or portion thereof for the care and keeping of elderly or infirm persons afflicted with infirmities or chronic illness.

Recyling Center: A location for the temporary storage of recyclable materials.

74. Salvage Yard : A property on which scrap, waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, or handled or stored, including auto wrecking yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including such places where such uses are conducted entirely within a completely enclosed building or where salvaged materials are kept incidental to manufacturing operations conducted on the premises.

Sensitive area: An area of land which contains environmental or geological hazards, riparian corridors, or floodplains, and which, if altered, may cause damage to the environment.

Setback: The minimum required distance between the property line and the wall, or main frame of a structure, or any projection thereof, excluding non-enclosed steps.

77. Setback, Front: The minimum distance between the street line and the front line of the building or any projection thereof, excluding non-enclosed steps. On a corner lot, the front yard may be applied to either street.

78. Setback, Side: The distance between the building and the side lot line and extending from the front setback line to the rear setback line.

79. Setback, Rear: An open, unoccupied space on the same lot as a building, measured from the rear line of the building (exclusive of non-enclosed steps) and the rear lot line, and extending for the entire width of the lot. In case of a corner lot where the building facade faces on the side street, the rear yard may be established from the side of the house to the side property line.

80. Sign: Any words, designs, or trade names by which anything is made known and used to designate or identify a business, profession, goods or services through a structure or device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public but not including a flag or flag pole.

81. Sign, Area of : The area of a sign shall be considered to include all lettering, wording, and accompanying designs or symbols together with any background material whether painted or applied. Where a sign consists of individual letters attached to or painted on a building or wall or window the area of the sign shall be considered to be that of the smallest rectangle which encompasses all the letters and/or symbols.

82. Sign, Non-Accessory (Billboard): A sign which directs attention to a business, commodity, service, or entertainment, conducted, sold or offered elsewhere than on the premises.

83. Sign, Temporary: A sign which is not intended to be permanently displayed, A temporary sign includes, but is not limited to, the following:

a. Open house signs

b. Political signs

c. Real estate and lease signs

d. Special Event signs

e. Yard sale signs

f. Grand Opening signs

g. Promotional display signs

Slope, Average percent - the rise or fall in elevation along a line perpendicular to the contours of the land connecting the highest point of land to the lowest point of land within a lot.

Solar Panel: a panel exposed to radiation from the sun, used to heat water or, when mounted with solar cells, to produce electricity.

86. Special Exception: A type of conditional use which is expressly permitted as such by this ordinance and which requires approval of the Board of Adjustment before the Town Planner may issue a permit therefore. Uses which require individual consideration of surrounding conditions and circumstances to carry out the intent and purpose of the land use plan.

87. Street (Minor): Any dedicated street serving as the principal means of access to property, which street is not shown on the Eastern Summit County Transportation Master Plan as a principal thoroughfare.

88. Subdivision: any land that is divided, re-subdivided or proposed to be divided into two or more lots, parcels, sites, units, plots, or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms, and conditions. [U.C.A. 10-9-103(i)(r)(i)]. Subdivision includes:

the division or development of land whether by deed, metes and bounds description, devise and testacy, lease, map, plat, or other recorded instrument; and [U.C.A. 10-9103(l)(r)(ii)(A)]
divisions of land for all residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. [U.C.A. 10-9-103(l)(r)(ii)(B)]

Subgrade shall mean either the soil prepared and compacted to support a structure or a pavement system, or the elevation of the bottom of the trench in which a sewer or pipeline is laid.

Start of construction: includes substantial improvement, and -means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site; such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

91. Structure: means, for flood plain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. "Structure" for insurance coverage purposes, means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises.

92. Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

93. Substantial Improvement: means any repair, reconstruction, addition, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

Before the improvement or repair is started, or
If the structure has been damaged and is being restored, before the damage occurred.

94. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, included either:

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

Any alteration of a "historic structure, provided that the alteration will not preclude the structure's continued designation as a "historic structure."

95. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

96. Urban Wildland Interface- a geographical area where structures and other development meets or intermingles with wildland or vegetative fuels.

97. Utilities- natural gas, electric power, cable television, telephone, telecommunication services, storm system, sewer system, irrigation facilities, culinary water, street lights and other services deemed to be of a public-utility nature by the Town.

98. Variance: A waiver of specific regulations of this Ordinance granted by the Board of Adjustment in accordance with the provisions set forth in this Ordinance and state statute, for the purpose of assuring that no property because of special circumstances applicable to it shall be deprived of privileges commonly enjoyed by other properties in the same zone.

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99. Wind Turbine: A pole and turbine that is used to generate power from the wind.

100. Yard: An open space on the same lot with a building unoccupied or unobstructed from the ground upward, except as otherwise provided in this Ordinance.

^{^[1]}This Section taken directly from Section 10-9-808(6), Uta Code.

^{^[2]}Refer to Section 10-9a-608, Utah State Code.

^{^[3]}Refer to Section 10-9a-608, Utah State Code

^{^[4]}Refer to Section 10-9a-608, Utah State Code