Located on the historic Mormon Pioneer Trail...
Planning & Zoning Ordinance |
Town of Henefer |
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Town of Henefer, Utah PO Box 112 | 150 W Center Street Henefer, UT 84033
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Planning & Zoning Ordinance Amendments. 7
Chapter 1 General Provisions. 9
1.01 Title, Intent and Purpose. 9
1.05 Building Permit Requirements and Application. 11
1.07 Town Planner review of Building and Site Plans. 13
1.08 Fire District Review of Building Plans. 14
1.09 Water Required for Building Permit14
1.10 Powers and Duties of the Town Building Official and Building Inspector15
1.11. Expiration and Extension of Building Permit15
1.12. Certificates of Occupancy. 15
1.13 Responsibility for Violations. 16
1.17 Public Hearing Requirements. 18
Chapter 2 Annexations and Amendments to the Planning and Zoning Ordinance and Zoning Map. 20
2.02 Initiation of Amendments. 20
2.03 Procedure for Zoning Ordinance Text Amendment:21
2.04 Procedure for Zoning Map Amendment:21
Chapter 3 Board of Adjustment25
3.01 Purpose of the Board of Adjustment25
3.02 Creation of the Board of Adjustment25
3.04 Procedures of the Board. 26
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
Chapter 4 Non-Conforming Structures and Uses. 33
4.02 Non-Conforming Structures and Uses. 33
4.03 Non-Conforming Lots of Record. 34
Chapter 5 Supplementary Regulations. 35
5.05 Home Occupations/Premise Occupations. 38
5.06 Temporary Agricultural Stands. 43
5.08 Utility Structures and Related Facilities. 46
5.13 Pollution Prevention and Drainage. 52
5.14 Recreation Vehicle and Mobile Homes. 52
5.15 Alternative Energy Generating Facilities . 53
5.18 Project Termination Due to Inaction. 56
5.19 Effective Period of Approvals. 56
Chapter 6 Development Permits. 58
Chapter 7 Sign Regulations. 67
Chapter 8 Establishment of Zones. 70
8.04 Regulations within Zones. 71
8.05 RA-1 Residential Agricultural Zone. 71
8.09 I-1 Light Industrial/Manufacturing Zone. 77
8.12 Public Facilities Zone. 79
Chapter 9 Sensitive Area Overlay & Floodplain Regulations. 84
9.01 Sensitive Overlay Purpose. 84
9.02 Scope and Application. 86
9.04 Lot Coverage and Buildable Area. 87
9.07 Abrogation and Greater Restrictions. 100
9.08 Building Permit Review.. 101
9.09 Responsibility of The Town Planner101
9.10 Interpretation of FIRM Boundaries. 102
9.12 Development Standards. 103
Chapter 10 Subdivision Evaluation Standards. 106
10.01 Purpose and Compliance. 106
10.02 Transportation Infrastructure. 107
10.03 Street Lighting & Signage. 112
10.11Irrigation Ditches and Canals. 118
10.14Public Sites and Open Spaces. 121
10.15Additional Requirement121
Chapter 11 Subdivision Regulations. 122
11.02 Necessity of Subdivision Plat Approval124
11.03 Review and Approval Procedures:124
11.04 Validity of Preliminary Plat Approval127
11.05Final Plat Requirements and Process:128
11.06Validity of Final Plat Approval131
11.08Vacating or Changing a Subdivision Plat132
11.09Grounds for vacating or changing a plat.133
11.10Required Subdivision Improvements. 134
11.11Improvements Installation Priority. 137
11.12Costs of Improvements. 137
11.13Bond for Improvements. 137
11.16Divisions of Agricultural Lands. 139
Planning & Zoning Ordinance Amendments
Ordinance No. 40 Subdivision Ordinance
Ordinance No. 82-60 Henefer Town Zoning Ordinance and Zoning Map
Adopted: January 5, 1982
Effective: January 5, 1982
Amendments:
Ordinance No. 83-63 Time limit on building permit
Ordinance No. 90-94 Amending Subdivisions Ordinance defining small and large subdivisions
Ordinance No. 90-95 Subdivision definition and lot size change
Ordinance No. 92-105 Zoning Map (Richins, Dawson, Woolsey, Mikkelsen)
Ordinance No. 94-114 Zoning Map (Rowser)
Ordinance No. 95-117 Subdivision ordinance
Ordinance No. 97-122 Zoning Map (Stephens)
Ordinance No. 2001-137 New zoning ordinance and repealing amended June 13, 2001 Ordinance No. 82-60
Ordinance No. 2002-142 amend zoning ordinance
Ordinance No.
amended June 2, 2004 Subdivision
Ordinance No. 2005-152 Development Code with respect to animals and livestock
Ordinance No. 2005-153 Development Code with respect to enforcement and violations
Ordinance No.
amended February 3, 2005
Ordinance No.
amended May 4, 2005 Domestic Animals
Ordinance No.
amended 2006
Ordinance No. 2007-160
amended March 2007 Development Code with respect to frontage and area requirements in the R-2 Zone
Ordinance No. 2012- XXX Planning and Zoning Ordinance revision, all chapters
Amended XXXXX 2012
1.01 Title, Intent and Purpose.................................................................................................... 9
1.02 Application....................................................................................................................... 10
1.03 Declaration....................................................................................................................... 10
1.04 Interpretation.................................................................................................................... 10
1.05 Building Permit Requirements and Application.............................................................. 11
1.06 Review and Approval...................................................................................................... 13
1.07 Town Planner review of Building and Site Plans............................................................ 13
1.08 Fire District Review of Building Plans............................................................................ 14
1.09 Water Required for Building Permit................................................................................ 14
1.10 Powers and Duties of the Town Building Official and Building Inspector..................... 15
1.11. Expiration and Extension of Building Permit.................................................................. 15
1.12. Certificates of Occupancy................................................................................................ 15
1.13 Responsibility for Violations........................................................................................... 16
1.14 Severability...................................................................................................................... 16
1.15 Appeals............................................................................................................................. 16
1.16 Penalty.............................................................................................................................. 17
1.17 Public Hearing Requirements.......................................................................................... 18
1.18 New Petition..................................................................................................................... 19
1.01 Title, Intent and Purpose
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.
The regulations and restrictions as set forth in this Ordinance shall be so interpreted and applied as to further the purposes of this Ordinance.
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.
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.
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.
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.
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.
1.07 Town Planner review of Building and Site Plans
1.08 Fire District Review of Building Plans
1.09 Water Required for Building Permit
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
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.
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.
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.
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. 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.
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
1.17 Public Hearing Requirements
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.
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
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.
Any amendment to the text of this Ordinance or the Zoning Map may be initiated in the following ways:
area to be rezoned.
2.03 Procedure for Zoning Ordinance Text Amendment:
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 .
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.
2.04 Procedure for Zoning Map Amendment:
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.
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.
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.
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.
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
1. The Mayor, with the advice and consent of the Town Council, shall fill any vacancy.
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
1. Mitigate any harmful effects of the variance; or
3.08 Appeals and Variances when located in the Sensitive Overlay Zone
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.
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
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
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
1. Damaged Structure May be Restored
5. Creating Non-Conforming Lots/Structures
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
Unless otherwise stated, all lots shall meet the following standards:
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.
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.
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.
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.
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.
5.05 Home Occupations/Premise Occupations
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.
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.
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.
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.
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.
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
j. flood control and irrigation systems
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:
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.
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.
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.
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.
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.
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 3rd 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)
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.
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.
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.
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.
5.14 Recreation Vehicle and Mobile Homes
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
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.
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.
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.
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:
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.
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
2. If the development is located within the Sensitive Overlay District, additional provisions in Chapter 9 of this Ordinance also apply.
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
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:
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.
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.
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.
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.
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.
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.
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.
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.
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
7.01 Purpose............................................................................................................................ 67
7.02. Sign Regulations.............................................................................................................. 67
7.03 Sign Types....................................................................................................................... 67
7.04 Sign Standards................................................................................................................. 68
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.
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.
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.
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:
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.
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.
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
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
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.
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
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)
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.
8.09 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.
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.
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.
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.
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.
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.
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.
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 C-2 Service Commercial Zone:
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.
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 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.
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.
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 P-F Public Facilities Zone:
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.
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.
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
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.
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.
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.
9.04 Lot Coverage and Buildable Area
1. Lots less than 20,000 square feet: thirty (30%) percent of the total lot area or 5,000 square feet, whichever is smaller.
C. Buildable Area,
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
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.
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
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;
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.
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.
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:
h. Cleared Area: The proposed area to be graded shall be clearly delineated on the plan and the area amount stated in square feet.
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.
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.
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:
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.
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:
B. Scope:
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
In the interpretation and application of this ordinance, all provisions shall be:
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.
9.09 Responsibility of The Town Planner
1. Review Applications
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.
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.
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.
In all areas of the 100-year floodplain the following standards are required:
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:
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.
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
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.
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
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:
B. Curbs, Gutters and Sidewalks
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
b. Parkstrips shall be required on all streets, unless otherwise determined by the Planning Commission.
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.
a. Private Street systems shall have a 20 foot minimum width paved surface.
c. Appropriate signage must be placed at the entrance to all private streets indicating the nature of the street.
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.
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.
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.
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.
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
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.
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.
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:
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.
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.
1. A ten (10) foot public utility easement shall be required along the perimeter of each lot and parcel.
10.11 Irrigation Ditches and Canals
a. Methods of covering, realigning or eliminating ditches or canals within or adjoining the subdivision.
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.
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:
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.
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
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:
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:
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.
3. The application for preliminary plat approval shall 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.
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
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').
8. The following documents shall be submitted with the final plat:
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.
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.
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:
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.
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.
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.
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.
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.
The developer shall pay for all costs of designing, purchasing, installing, warranting and otherwise providing the improvements required by this Chapter.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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.
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.
participate in religious services, meetings and other related activities.
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.
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.
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.
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.
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.
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:
c. Real estate and lease signs
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:
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:
94. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, included either:
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