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Any detached single-family or two-family dwelling located on an individual lot outside of a mobile home park or mobile home subdivision must meet the off street parking requirements in chapter 13.32 of this title and the following standards in addition to any others required by law except as provided in subsection I of this section:
A. Code Requirements: The dwelling unit must meet the city building code or, if it is a manufactured home, it must be certified under the national manufactured housing construction and safety standards act of 1974, and must have been issued an insignia and approved by the U.S. department of housing and urban development, and must not have been altered in violation of codes. A used manufactured home must be inspected by the city building official or his designated representative prior to placement on a lot to ensure it has not been altered in violation of such codes.
B. Taxation: The dwelling must be taxed as real property. If the dwelling is a manufactured home, an affidavit must be filed with the state tax commission pursuant to Utah Code Annotated section 59-2-1115.
C. Utility Connection: The dwelling must be permanently connected to and approved for all required utilities.
D. Storage Area: The dwelling must provide a minimum of seventy two (72) square feet (per dwelling unit) of enclosed storage, with a minimum height of six feet (6'), located in the basement or garage area or in an accessory storage structure. Such structure shall conform to all applicable building codes.
E. Foundation: The dwelling must be attached to a site built permanent foundation which meets the uniform building code or, if the dwelling is a manufactured home, the installation must meet the ICBO guidelines for manufactured housing installations, including any successors to these standards, and the space beneath the structure must be enclosed at the perimeter of the dwelling in accordance with such ICBO guidelines, and constructed of materials that are weather resistant and aesthetically consistent with concrete or masonry type foundation materials. At each exit door there must be a landing that is a minimum of thirty six inches by thirty six inches (36" x 36") and that is constructed to meet the requirements of the uniform building code. All manufactured home running gear, tongues, axles and wheels must be removed at the time of installation.
F. Roof Pitch: At least sixty percent (60%) of the roof of the dwelling must be pitched at a minimum of two and one-half to twelve (2.5:12) and shall have a roof surface of wood shakes, asphalt, composition, wood shingles, concrete, fiberglass or metal tiles or slate or built up gravel materials.
G. Siding: The dwelling shall have exterior siding material consisting of wood, masonry, concrete, stucco, masonite, or metal or vinyl lap, or any material meeting the uniform building code or materials of like appearance approved by the community development director. The roof overhang must not be less than six inches (6"), including rain gutters which may account for up to four inches (4") of overhang, measured from the vertical side of the dwelling. The roof overhang requirement shall not apply to areas above porches, alcoves and other appendages which together do not exceed twenty five percent (25%) of the length of the dwelling. The roof overhang may be reduced to two inches (2") on the side of the dwelling facing the rear yard except on corner lots.
H. Width: The width of the dwelling shall be at least twenty feet (20') at the narrowest part of its first story for a length of at least twenty feet (20') exclusive of any garage area. The width shall be considered the lesser of the two (2) primary dimensions. Factory built or manufactured homes shall be multiple transportable sections at least ten feet (10') wide unless transportable in three (3) or more sections, in which case only one section need be ten feet (10').
I. Deviations May Be Approved: The community development director may approve deviations from one or more of the developmental or architectural standards provided in subsections E through H of this section on the basis of a finding that the architectural style proposed provides compensating design features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity. The determination of the community development director may be appealed to the administrative appeals officer pursuant to the provisions of chapter 13.09 of this title.
J. Replacement; Compliance Required: Replacement of an existing nonconforming manufactured home on a lot outside a mobile home park or mobile home subdivision shall comply with all requirements herein. (Ord. 2012-15, 9-20-2012)
A. Prohibited Excavations: Notwithstanding any other provision of this code, it shall be unlawful to grade, fill or excavate any land in any manner which presents an unreasonable risk of erosion, flooding, landslide or any other unsafe condition. It also shall be unlawful to erect any structure which will not be reasonably safe for use as human habitation because of risk of erosion, flooding, landslide, earthquake related hazard or any other unsafe condition.
B. Cross Slopes Permitted; Conditions: Any area within a subdivision, or other parcel of real property, which has a slope greater than thirty percent (30%) shall remain ungraded, except for streets, roads, private access roads, and other vehicular routes. These routes shall be allowed to cross slopes between thirty percent (30%) and fifty percent (50%) if specifically authorized by the planning commission, upon the favorable recommendation of the community development director, after finding that all of the following conditions and constraints are applicable:
1. No alternate location for access is feasible or available;
2. No individual segment or increment of the street, road, private access road, or other vehicular route that will cross slopes between thirty percent (30%) and fifty percent (50%) exceeds one hundred feet (100') in length; and
3. The cumulative length of individual segments or increments that will cross slopes between thirty percent (30%) and fifty percent (50%) does not exceed ten percent (10%) of the total length of the street, road, private access road, or other vehicular route.
C. Subdivisions: Any area within a subdivision, or other parcel of real property, which has a slope greater than thirty percent (30%) shall not be graded, except for roadway purposes as provided in subsection B of this section. Areas with slopes between twenty percent (20%) and thirty percent (30%) may be graded; provided, that the area to be disturbed shall be less than one-half (1/2) of the area of such slopes.
D. Grading Plan: No grading, filling or excavation of land shall take place on a hillside or an area with an average slope of twenty percent (20%) or greater until a grading plan has been submitted and approved by the city engineer and a grading permit issued by the community development department.
E. Preparation And Compaction Of Fill Material: Any fill material shall be prepared and compacted as specified in the city's then effective building code.
F. Steepness Of Slopes: Cut and fill slopes shall be no steeper than two feet (2') horizontal to one foot (1') vertical.
G. Tops Or Toes Of Slopes: Tops or toes of slopes shall be set back from property boundaries as required by the city's then effective building code.
H. Lot Size And Usable Area For Single-Family Dwelling Units: The minimum lot size and minimum usable area with respect to parcels of real property upon which single-family dwelling units may be located shall be determined by reference to the following table:
Average Slope Of Development Site | Minimum Lot Size | Minimum Lot Width | Minimum Usable Area |
0 - 15% | As indicated by zoning | 70 ft. at front setback line | 3,200 sq. ft. not less than 50 ft. in width or length |
Over 15% - 20% | The greater of 10,000 sq. ft. or as indicated by zoning | 80 ft. at front setback line | 4,000 sq. ft. not less than 50 ft. in width or length |
Over 20% - 30% | The greater of 15,000 sq. ft. or as indicated by zoning | 100 ft. at front setback line | 5,000 sq. ft. not less than 50 ft. in width or length |
Over 30% | Not permitted |
I. Location Of Single-Family Dwelling Structures: Single- family dwelling structures shall not be located farther than one hundred fifty feet (150') from the nearest public street; provided, however, that the planning commission may grant all exception to this requirement if its review of utility services, fire access, surrounding land conditions, coordination of development or similar circumstances warrants the exception.
J. Maintenance And Erosion Control: Areas which have been graded shall be prepared and perpetually maintained to control erosion. After approval of the city engineer and its building inspector, and prior to calling for final inspection, the area shall be planted with appropriate vegetation. Where necessary, check dams, cribbing, riprap and other devices or methods approved by the city engineer shall be employed to control erosion. If the final grading is completed between October 15 and March 15 of the next year, then organic cover material shall be placed on the graded area to eliminate erosion until the soil can be permanently planted.
K. Natural Vegetation: Natural vegetation shall remain in areas where grading is not permitted, and additional mitigation measures may be required by the city engineer in ungraded and graded areas to prevent erosion and slope failures.
L. Drainage Systems For Surface Water: Surface water runoff drainage systems shall be designed and installed to carry water to the nearest practicable drainageway. Drainage systems shall be approved by the city engineer.
M. Ridgeline Protection Areas: No development shall intrude into any ridgeline protection area that has been identified and designated by the city during the development review and approval process for any development or redevelopment within the city. For the purposes of this chapter, "designated ridgeline protection areas" shall consist of prominent ridgelines that are highly visible from public rights of way or trails, and shall include the crest of any designated hill or slope, plus the land located within one hundred feet (100') horizontally (map distance) on either side of the crest. (Ord. 2012-15, 9-20-2012)
A. Purpose Statement: This section consists of supplemental regulations pertaining to the development or redevelopment of land uses, near waterways. Protection areas are therefore established within one hundred feet (100') of a natural waterway and twenty feet (20') from a canal system. Development standards within these areas are established to minimize erosion and stabilize stream banks, improve water quality, reduce potential for flood damage, preserve tree canopy, as well as to preserve in function and capacity all man-made canals, ditches and other irrigation facilities. Whenever there is a conflict between the regulations of a base zoning district and those described within this section, the regulations of this section shall prevail.
B. General Provisions:
1. Applicability: The regulations set forth in this section supplement those regulations in the underlying base zoning district. In General, no person shall engage in any ground disturbing activity, development or demolition within 100 feet of a natural waterway and or 20 feet from a canal on a lot or parcel that will remove, fill, dredge, clear, grub, destroy, armor, terrace, or otherwise impact a waterway protection area through manipulation of soil or other material except as allowed by:
a. Provision defined within this section.
b. Site plan approval by Planning Commission in conjunction with the site plan approval processes set forth in chapter 13.08 of this title.
c. The U.S. Army Corps of Engineers, Salt Lake County Flood Control, the Utah State Engineer, or any other government agency with jurisdiction over land within waterway protection buffer, and
2. Relationship to Other Laws: The requirements of this section shall apply to other applicable federal, state, county, or city law or regulation.
a. Compliance with the requirements of this section shall not relieve a landowner from compliance with other applicable provisions of Title 13 and Title 17 of this code except as expressly otherwise set forth in this section.
b. If a landowner proposes a use or development which is dually located within the areas described in this section and those areas located within the jurisdiction of a federal or state government agency or Salt Lake County, the landowner shall apply for approvals from both applicable jurisdictions. If the relevant federal, state, or county agency approves the use or development as in compliance with the agency’s requirements, then the City shall issue a Waterway Protection Permit, subject to compliance with the federal, state, or county approval and shall not independently review the use or development for compliance with this section.
c. Salt Lake County utility services shall not be required to obtain a Waterway Protection Permit for any county flood control activity authorized by the Utah code within or along a natural waterway. However, Salt Lake County shall obtain a Waterway Protection Permit for any stream restoration and non-flood control development or other use located within the areas as described in section 13.76.400E(2).
d. A city department or other canal company, irrigation water provider or agency that conducts a use or development within a protection area shall follow the requirements of this section and obtain a Waterway Protection Permit if required.
C. Decision Making Authority:
1. Community and Economic Development Director (CED Director): Upon receiving a recommendation from the city engineer, the CED Director shall be responsible for implementing and administering the provisions of this section. The CED Director:
a. May not make any decision involving land use, zoning, subdivision, legal-conformity in a zoning district, historic preservation, restoration, rehabilitation, or demolition of any structure except as expressly set forth in this section;
b. Shall expedite the permit review process only if an applicant reasonably demonstrates imminent danger to individuals or property is associated with the subject land;
c. May adopt reasonable procedures, including approval of general permits, to implement the provisions of this section; and
d. May designate one or more staff persons within the department to carry out these responsibilities. Wherever this section refers to the CED Director, such reference shall also include the Director’s designee.
2. Technical Review Committee (TRC): The TRC shall review the application for completeness and make recommendation as per the process and procedure set forth in subsection D.
3. Appeal Of Decision: Any person adversely affected by any decision made may, within thirty (30) days, apply for an appeal as per 13.101 Appendix B.
D. Review Process and Procedure:
1. Waterway Protection Permit: An application for all activity, as regulated within this section, shall be created and maintained on file by the Community and Economic Development Department.
2. Site plan requirements: To accompany the Waterway Protection Permit application the following site plan elements shall be provided.
a. Subject property with all recorded property lines marked and;
b. The name, location and dimensions of the applicable water;
c. The Annual High Water (AHWL) Line and each protection area as defined, labeled with contour elevations;
d. The location and setback of existing and proposed buildings and structures from the AHWL;
e. Existing and proposed grades, labeled with contour elevations;
f. All trees greater than 2" caliper, with trees proposed for removal highlighted and tree replacement plan as per Section 13.77;
g. FEMA floodplains, geological faults, high liquefaction areas, and slopes thirty percent (30%) or greater;
h. Such other and further information or documentation as the City Engineer may reasonably deem necessary for proper consideration of a particular application, including, but not limited to, geotechnical and hydrological reports required under subsection F8 of this section.
3. Annual High-Water Line: The waterway corridor delineated at the elevation of water during annual high-water level. The AHWL is to be located at the horizontal soil and vegetative boundary that distinguishes between predominantly aquatic and predominantly terrestrial lands.
a. A boundary location or delineation required under this section shall be prepared by a qualified licensed professional engineer or qualified environmental scientist.
b. When the AHWL cannot be found, the City Engineer may approve the AHWL delineation which meets the intent of this section.
4. Determination Of Completeness: Upon receipt of an application for a Waterway Protection Permit, the TRC shall make a determination of completeness of the application and remit the application the CED Director for review.
E. Waterway Protection Areas:
1. Undeveloped Land: The following protection areas are established for undeveloped lots of record, created after the adoption date of this ordinance:
a. Big Cottonwood, Heughs Canyon Creek, Spring Creek:
(1) Area A: located between the AHWL and fifty feet (50') from the AHWL; and
(2) Area B: located between fifty (50') one hundred feet (100') from the AHWL.
Figure A.
b. U pper , Jordan and Salt Lake Can als: refer to 2(b) of this section
2. Developed Land: The following protection areas are established for existing and developed lots or parcels:
a. Big Cottonwood, Heughs Canyon Creek, Spring Creek:
(1) Area A: located between the AHWL and twenty-five feet (25') from the AHWL;
(2) Area B: located between twenty-five (25') and fifty feet (50') from the AHWL; and
(3) Area C: locat ed betw een fifty (50') and one hun dred feet (100 ') from the AH WL.
Figure B.
b. Upper, Jordan and Salt Lake Canals:
(1) Area A: located between the AHWL and top of bank; and
(2) Area B: located between the AHWL and twenty feet (20') from the AHWL.
Figure C.
3. Steep Slope And Soil Stability Standards: Steep slopes are vulnerable to erosion and rely on vegetation to help stabilize them. Area A as described in this section, Area A shall be extended in relation to the steepness of the slope as provided in Figure C.
a. As part of a WWPP, when unstable soils are suspected or observed, regardless of the slope the City Engineer may require a geotechnical report and increase the no disturbance line or setbacks for structures or buildings from the AHWL to ensure safety.
Figure D.
F. Permitted Uses and Activities by Area:
1. Undeveloped Land: Permitted uses and activities allowed on an undeveloped lot of record abutting Big Cottonwood Creek, Heughs Canyon Creek or Spring Creek established on or after the adoption date of this ordinance are shown on Chart 13.76.401
a. Any use or development not shown on this table shall be prohibited unless determined by the CED Director, upon recommendation by the City Engineer, to be substantially similar in use to those shown as permitted.
b. Uses proposed on undeveloped land abutting a canal shall adhere to Chart 13.76.402, Abutting Upper, Jordan and Salt Lake Canals.
Abutting Big Cottonwood Creek, Heughs Canyon Creek, Spring Creek: | |||
Activities and Uses | Area A (50 ft) | Area B | Comments |
Abutting Big Cottonwood Creek, Heughs Canyon Creek, Spring Creek: | |||
Activities and Uses | Area A (50 ft) | Area B | Comments |
New primary or accessory structures as allowed by underlying land use zone | - | P | See subsection D9 Df of this section |
Any action not constituting emplacement of a structure or a ground disturbing activity | P | P | |
Manual removal of trash, storm debris, invasive plants and fallen trees by the landowner | P | P | |
Minor ground disturbing activity | P | P | See subsection G1, 2 and 4 of this section |
Pruning or tree removal within utility easements by responsible entity | P | P | |
Maintenance of existing landscaping including tree and shrub pruning | P | P | |
Planting or replanting noninvasive trees and vegetation | P | P | See Tree Selection Guide on file with department |
Tree and or stump removal and replacement of live trees | WPP | P | See subsection G5, 13.77.090
|
Activities approved by U.S. army corps of engineers or state engineer | WPP | P | See subsection B2b of this section |
Herbicide, pesticide and fertilizer application | - | P | in accordance with best management practices |
Commercial parking lot | - | WPP/ P | See subsection B1b of this section |
Public utilities work | WPP/ P | WPP/ P | See subsection H3 of this section |
Trail on publicly owned right of way | WPP | WPP | See subsection I of this section |
Leach field, stormwater retention pond, and detention basin | - | - | |
Note: Uses allowed by right are indicated by the letter “P” (permitted); uses which require a Waterway Protection Permit are indicated by the letters “WPP” (permit required); and prohibited uses are indicated by a blank space (-). | |||
2. Developed Land: Permitted uses and activities on a developed lot or parcel within the waterway protection area are shown on Chart 13.76.402.
a. Any use or development not shown on this table shall be prohibited unless determined by the CED Director, upon recommendation of the City Engineer, to be substantially similar in use to those shown as permitted.
b. Maintenance, upkeep and use of any lawfully established land use, development, or structure existing on or after the 4th of March which is found to be in violation of these provisions shall be deemed legal, non-conforming and is authorized to continue as provided in this Section 13.76.400 of this Title.
Abutting Big Cottonwood Creek, Heughs Canyon Creek, Spring Creek: | ||||
Activities and Uses | Area A | Area B | Area C | Comments |
Abutting Big Cottonwood Creek, Heughs Canyon Creek, Spring Creek: | ||||
Activities and Uses | Area A | Area B | Area C | Comments |
New primary or accessory structures as allowed by underlying land use zone | - | - | P | See subsection D9 Df and E1bof this section |
Replacement of a lawfully established structure | - | WPP | P | |
Expansion of a lawfully established structure or use | WPP | WPP | P | See subsection G, F2(b) of this section |
Maintenance of a lawfully established structure or use | P | P | P | |
Any action not constituting development emplacement of a structure or a ground disturbing activity except as otherwise set forth on this table | P | P | P | |
Manual removal of trash, storm debris, invasive plants and fallen trees by the landowner | P | P | P | |
Removal of debris or trees with heavy equipment | WPP | WPP | WPP | See subsections E3 and E4 of this section |
Minor ground disturbance, grading activities | WPP | WPP | P | See subsections H1 G Df and E1b of this section |
Pruning or tree removal within utility easement by responsible entity | P | P | P | |
Maintenance of existing landscaping including tree and shrub pruning, pathways | P | P | P | |
Planting or replanting noninvasive trees and vegetation | P | P | P | see Tree Selection Guide on file with department |
Tree and or stump removal and replacement of live trees | WPP | P | See subsection G5, 13.77.090
| |
Activities approved by U.S. army corps of engineers or state engineer | P | P | P | See subsection D7g of this section |
Herbicide, pesticide and fertilizer application | - | P | P | in accordance with best management practices |
Public Works and utilities | WPP/P | WPP/P | WPP/P | See subsection E11 of this section |
Trail maintenance or expansion on publicly owned right of way | WPP | WPP | P | See subsection E9 of this section |
Leach field, septic system | - | - | WPP | |
stormwater retention pond, and detention basin | - | P | P | |
Outside Storage of chemicals, salts and fuels | - | - | - | |
Maintenance of existing fence | P | P | P | |
Open fence, new | WPP | P | P | |
Open patio, deck, stairways and paths, new | WPP | P | P | See subsections D8, Df and E1b of this section. Any decking not allowed within Zone A |
Compost from yard debris | - | P | P | |
Commercial parking lot | - | - | WPP | see subsection D9 of this section |
Low impact stream crossing | WPP | na | na | |
Maintenance of existing irrigation and flood control devices | WPP | WPP | P | |
Installation and maintenance of erosion control devices | WPP | WPP | WPP | |
Abutting Upper, Jordan and Salt Lake Canals: | |||
Activities and Uses | Area A | Area B | Comments |
Abutting Upper, Jordan and Salt Lake Canals: | |||
Activities and Uses | Area A | Area B | Comments |
New primary or accessory structures as allowed by underlying land use zone | - | - | See subsection D9 Df and E1bof this section |
Replacement of a lawfully established structure | - | WPP | |
Expansion of a lawfully established structure or use | - | WPP | See subsection G, F2(b) of this section |
Maintenance of a lawfully established structure or use | P | P | See subsection G, F2(b) of this section |
Any action not constituting development emplacement of a structure or a ground disturbing activity except as otherwise set forth on this table | P | P | |
Manual removal of trash, storm debris, invasive plants and fallen trees by the landowner | P | P | |
Removal of trees, live dead or fallen with heavy equipment | - | WPP | See subsections E3 and E4 of this section |
Minor ground disturbance, grading activities | - | WPP | See subsections H1 G Df and E1b of this section |
Pruning or tree removal within utility easement by responsible entity | P | P | |
Maintenance of existing landscaping including tree and shrub pruning, pathways | P | P | |
Planting or replanting noninvasive trees and vegetation | P | P | see Tree Selection Guide on file with department |
Tree and or stump removal and replacement of live trees | WPP | See subsection G5, 13.77.090
| |
Herbicide, pesticide and fertilizer application | - | P | in accordance with best management practices |
Public Works and utilities | WPP/P | WPP/P | See subsection E11 of this section |
Trail maintenance or expansion on publicly owned right of way | See subsection E9 of this section | ||
Leach field, septic system | - | - | |
stormwater retention pond, and detention basin | - | WPP | |
Outside Storage of chemicals, salts and fuels | - | - | |
Maintenance of existing fence | P | P | |
Open fence, new | - | P | |
Open patio, deck, stairways and paths, new | - | WPP | See subsections D8, Df and E1b of this section. Any decking not allowed within Zone A |
Compost from yard debris | - | P | |
Commercial parking lot | - | - | see subsection D9 of this section |
Low impact canal crossing | WPP | na | |
Maintenance of existing irrigation and flood control devices | P | P | |
Installation and maintenance of erosion control devices | WPP | WPP | |
Note: Uses allowed by right are indicated by the letter “P” (permitted); uses which require a Waterway Protection Permit are indicated by the letters “WPP” (permit required); and prohibited uses are indicated by a blank space (-). | |||
3. Public Works and Utilities: In addition to the uses listed on the foregoing tables, the city public works and utility providers may work within the waterway protection area as provided herein:
a. Emergency Work: Emergency work to protect an immediate threat to continuity of services, life or land is permitted. Work shall adhere to the following procedures:
(1) The utility undertaking the work shall notify the city of activity within twenty-four (24) hours thereafter.
(2) Any stream channel or riparian area damaged as a result of utility work shall be restored. The Community and Economic Development Department shall issue a WPP for such restoration work and shall inspect and approve the work undertaken
(3) Temporary emergency structures, sandbags, and other emergency related materials shall be removed from the site in a timely manner.
b. Other Work: the following work may be undertaken without a Waterway Protection Permit:
(1) Channel or riparian restoration;
(2) Maintenance, including storm drainage system, irrigation structures, utility and street work;
(3) Projects approved by the city, including, but not limited to, new utility or street work; bridge maintenance, repair, replacement, or new construction; public trails, such as bike and pedestrian paths located on publicly owned land;
(4) Public gathering places such as amphitheaters and gazebos located on publicly owned land;
(5) Maintenance of access roads or easements; and
(6) Utility service devices such as stormwater lift stations and irrigation structures.
c. Equipment: Plans submitted for a WPP shall include a description of equipment to be used for any work proposed. Such equipment shall be sufficiently sized for the task and chosen to minimize any impact to a stream channel and the riparian corridor area.
d. Construction Design Standards: The project engineer shall develop construction design details and standards applicable to projects approved under this subsection.
G. Use, Activity and Development Standards: The following standards are established and shall be conducted as per WPP approval and shall be consistent with any other federal or state regulations.
1. Area A: Minor Ground Disturbing work without the use heavy equipment shall be allowed as follows:
a. Replacement of a structure within Area A is not allowed;
b. New construction or maintenance of access stairs and paths using natural materials;
c. Minimal Ground Disturbance; maximum cut, fill of 6";
d. An open permeable patio using natural materials and constructed in a manner that:
(1) Will not impede any high-water flow above the AHWL;
(2) Does not change the existing grade; and
(3) Is not greater than one hundred fifty (150) square feet;
e. Low impact stream crossings;
f. Construction of open fencing which is non-parallel to a waterway;
g. Maintenance of existing irrigation and flood control devices; and
h. Installation and maintenance of erosion control devices, approved, if necessary, by the U.S. Army Corps of Engineers, Salt Lake County Flood Control, the Utah State Engineer or any other governmental authority with jurisdiction.
2. Area B: Use and Activities shall be allowed as follows:
a. Open, paver or flagstone patios which do not involve footings or foundations or existing a grade change of more than two feet (2'), and floating surface decks with pre-cast deck block footings measuring no higher than two feet (2') above existing grade;
b. Minimal Ground Disturbance; maximum cut, fill of 24";
c. Replacement of a structure within Area B shall require a WPP and is allowed, consistent with the continuation of a legal, nonconforming uses and structures as set forth in chapter 13.88 of this title, if all of the following apply:
(1) The structure replaces a preexisting use or lesser impact of a similar use pursuant to compliance with the underlying zoning district standards;
(2) No portion of the footprint of the replacement structure is any closer to the AHWL than the nearest point of the preexisting footprint;
(3) The total square footage of the portion of the footprint of the new structure to be located within area A and/or B does not exceed the total square footage of the original footprint;
(4) Does not require further armoring of the stream bank; and
(5) Is not located in any unstable area due to movement of a steep slope, unstable soils, or geological activity along a fault that will not support the structural footprint.
3. Building Expansion and Replacement: An existing, legally established structure may be expanded or replaced as follows:
a. Area A: expansion of accessory structures of up to ten percent (10%) as provided by a WWPP if such expansion does not result in any structure being built closer to the AHWL than any portion of the existing structure.
(1) As a tradeoff for allowing expansion or with a larger accessory structure, The CED Director shall require, as a condition of the WWPP, that the landowner spend five percent (5%) of the project cost on stream bank restoration or specify a minimum number of linear feet of stream bank that shall be restored based on the size of the expansion and consistent with any purpose or goals of the General Plan or as may be adopted and any subsequent restoration project applicable to the waterway corridor. Completion of required work to be verified by the City Engineer.
b. Area B: Replacement of a primary or accessory structure within Area B as provided by a WWPP and does not result in any portion being built closer to the AHWL. Expansion of the structure is limited to Area C and beyond the Waterway protection area.
4. Use Of Heavy Equipment In Areas A and B: Heavy equipment may be used as provided by a WPP issued pursuant to standards promulgated by the public utilities director to minimize and mitigate impacts from the use thereof, and subject to any applicable federal, state, and county requirements.
5. Tree Removal And Replacement: Trees located in areas A, B, or C as described in this section are protected and regulated as Community Trees under section 13.77.090 of this title.
a. The CED Director may review and approve a general permit for tree stump removal with area B or C. Removal of any tree stump located within zone A (25') of the AHWL shall be approved by the city engineer.
H. Piping of Existing Canals and Ditches: Irrigation ditches, also known as “laterals”, and canals were historically designed and used as open channel water conveyances, however, urban encroachment has created a need to pipe these facilities. Piping of existing open channel facilities is permissible subject to the following:
1. A WPP approval and signed recordable instrument, kept on file with the department (“Irrigation Protection Agreement”) is required for altering size or alignment of any irrigation canal, ditch, or other means of conveyance.
2. The permit will be subject to the review and approval of the City Engineer and as appropriate the City Attorney; and
3. The Irrigation Protection Agreement shall be recorded against title of the property conveying the purpose of perpetual and continual maintenance and condition of the facility within the subject property.
I. Trails: Trails may be established along a publicly owned right of way within any area located in the Waterway Protection Area.
1. A WPP shall be required for a trail located in area A.
2. Public access to private land adjoining a stream channel shall be prohibited unless authorized by the landowner or pursuant to an access easement. (Ord. 2021-04, 3-4-2021)
The following standards shall apply to all garage sales at residences within the City:
A. Frequency: Frequency limited to three (3) times per calendar year. There shall be no more than three (3) garage sales at a residence per calendar year. The "calendar year" is defined as January 1 through December 31. Garage sale events must be separated by at least a fourteen (14) day period.
B. Duration Of Sale: A garage sale is permitted for a period no longer than three (3) consecutive days.
C. Location Of Garage Sale: The garage sales shall be located at the actual residence of the owner of the materials to be sold. In the occurrence of a neighborhood garage sale event (i.e., 3 to 5 neighbors pool their belongings into a super garage sale), the materials must be located at the residence of one of the participating sellers.
D. Commercial Areas: Temporary sales within commercial areas are permitted as regulated elsewhere in this Code. (Ord. 2012-15, 9-20-2012)
A. Permanent Foundation Required: In all commercial zones, all structures including prefabricated units, enclosures and metal containers are to be on a permanent foundation except those approved by the Community Development Director to be temporary and for a limited designated time period not to exceed four (4) months in a twelve (12) consecutive month period of time.
B. Removal Of Structure: Temporary buildings for uses incidental to construction work must be removed upon the completion of the construction work. If such buildings are not removed within ninety (90) days upon completion of construction work and thirty (30) days after notice, the building will be removed by the City at the expense of the owner. (Ord. 2012-15, 9-20-2012)
See section 13.98.020 of this title. (Ord. 2012-15, 9-20-2012)
A. Purpose And Intent: This section is adopted to promote public safety and the general public welfare; to protect property against loss from erosion, earth movement and flooding; to maintain a superior community environment; to provide for the continued orderly growth of the City; and to ensure the maximum preservation of the natural scenic character of major portions of the City by protecting against detrimental impacts to neighboring properties due to large changes in the natural grade and topography; to prevent large unsightly exposed surfaces of retaining walls that attract graffiti, generate large amounts of heat and runoff, and create significant incompatibility between the grades of neighboring properties; and to encourage preservation of the natural grade and topography, and to encourage adaptation of new development to existing grades; to establish minimum standards and requirements relating to land grading, excavations, and fills, and procedures by which these standards and requirements may be enforced. It is intended that this section be administered with the foregoing purposes in mind and specifically in an attempt to:
1. Ensure that the development of each site occurs in a manner harmonious with adjacent lands so as to minimize problems of drainage, erosion, earth movement and similar hazards.
2. Ensure the public lands and places, watercourses, streets, and all other lands in the City are protected from erosion, earth movement or drainage hazards.
3. Ensure that the planning, design and construction of all development will be done in a manner which provides maximum safety and human enjoyment and except where specifically intended otherwise, makes such construction as unobtrusive in the natural terrain as possible.
4. Ensure the maximum retention of natural vegetation to aid in protection against erosion, earth movement and other hazards and to aid in preservation of the natural scenic qualities of the community.
5. Provide for a recordable instrument of acknowledgement executable by the property owner accepting maintenance of grading and/or surface water retention improvements. (Ord. 2018-16, 10-11-2018)
B. Permit Required:
1. Grading permits are required for work on new developments, construction projects, rivers, washes, streams, floodplains, detention basins, dams, ditches, drainage culverts, slopes in excess of fifteen percent (15%), rock pits, roads, utilities, well drilling. Permitted and non-permitted work shall not encroach nor impact on adjacent properties. Sanitary (garbage) landfills and hazardous material depositories shall not be allowed. A grading permit may be combined with a building permit.
2. For work requiring a permit, plans and specifications shall be completed by a registered professional engineer and/or a registered professional landscape architect or registered professional arborist.
3. Retaining walls in excess of four feet (4') require a permit. Plans shall be submitted in accordance with subsection F of this section. (Ord. 2019-04, 2-28-2019)
4. Approved permits shall be issued upon execution of an acknowledgement of "Site Grading Management Agreement" kept on file with the City, which shall be recorded against the property.
C. Responsibility: Failure of the City officials to observe or recognize hazardous or unsightly conditions, or to recommend denial of the conditional use permit, or of the Planning Commission to deny said permit shall not relieve the permittee from responsibility for the condition or damages resulting therefrom.
D. Retention Of Plans: Plans, specifications and reports for all conditional use permit applications submitted to the City for approval shall be retained by the City for a minimum period of two (2) years.
E. Inspections:
1. The Community Development Director and building official, with assistance from the City Engineer, shall make the inspections of all projects under "permit". Where it is found that conditions substantially differ from those stated or shown in the conditional use permit application, the City may stop further work until and unless approval is obtained for a revised grading plan conforming to the existing conditions.
2. Plans for grading work shall be maintained at the site during the progress of the grading. Until the final inspection is made, the building permit shall be prominently displayed near the front property line of the property involved so as to be visible from the street on which the property fronts.
3. In order to obtain inspections, the permittee shall notify the City twenty four (24) hours before said inspection is to be made.
4. Inspections shall be made:
a. Before commencement of grading operations and after required construction stakes have been set; and
b. When all rough grading has been completed; and
c. When all work, including installation of all drainage and other structures and required planting, has been completed.
F. Standards And Specific Requirements For Grading And Retaining Wall Systems:
1. All grading, fill work and excavation shall comply with the requirements set forth in this chapter in addition to other requirements of this Code.
2. All grading and excavation in or adjacent to residential neighborhoods shall comply with the City's noise ordinance.
3. All graded or disturbed surfaces of excavations, and all equipment materials and roadways on the site shall be dampened or suitably treated, managed, or contained to prevent the deposit of dust on neighboring properties; all materials transported to or from the site shall be so contained during transportation as to prevent spillage on streets or other property outside of the site.
4. Maximum unretained or exposed slope of a permanent cut and fill area shall be thirty percent (30%). The City Engineer may require the percent of slope of a cut or fill to be reduced if it is found that the cut or fill is subject to unusual or excessive erosion, or if other conditions make such requirements necessary for stability.
5. All fill, except in publicly approved refuse disposal or other landfill operations, shall be earth, rock, or other inert materials free from organic material and free of metal, and except that topsoil spread on cut and fill surfaces may incorporate humus for desirable moisture retention and plant growth properties.
6. Adequate provisions shall be made to prevent any surface waters from damaging the cut face of an excavation or any portion of a fill. All drainage ways and structures shall carry surface waters without producing erosion to the nearest practical street, storm drain or natural watercourse acceptable to the City Engineer as a safe place to deposit and receive such waters. The City Engineer may require such drainage structures to be constructed or installed as necessary to prevent erosion damage or to prevent saturation of the fill or material behind cut slopes.
7. Exposed or finished cuts or slopes of any fill or excavation shall be smoothly graded to a maximum slope of thirty percent (30%). All exposed slopes of any cut or fill shall be protected from erosion or sloughing by approved plantings or graded terracing, crib walls or walls and planting, terracing, or combination thereof.
8. Artificial Grade Alterations:
a. Grading intended to raise and level the developable area of a site to support driveways, patios or other structures shall be limited to a maximum of two feet (2') above the averaged grade elevations of the abutting properties.
b. Maximum depth of backfilled grades within four feet (4') of a property line shall be two feet (2') and finished at a 1:1 slope.
9. Retaining walls or retaining wall systems within a required yard setback require review and approval by the City Engineer and shall be located, designed and constructed as follows.
For the purposes of this section a retaining wall or grade retaining system may include, but is not limited to, gravity, crib, gabion, cantilever, rip-rap boulder or anchored systems designed to retain lateral soil loads.
a. Prohibited Locations: No retaining wall or retaining wall system shall be constructed on a property line, or within a recorded easement(s) as shown in figure 13.76.1.
b. Retaining walls holding the cut soil of the natural slope shall designed and constructed as shown in figure 13.76.1.
(1) Minimum one foot (1') setback to any footing of the retaining wall.
(2) The maximum height of any retaining wall shall not exceed six feet (6') below the natural grade.
(3) The area to be cut and retained shall not to exceed twenty percent (20%) of the required setback area.
(4) Retaining walls located in a required front yard or required corner side-yard setback, along a public or private right-of-way, shall be set back a minimum of four feet (4') from the right-of-way line.
(5) Each subsequent retaining wall must be accompanied by a horizontal landscaped offset measuring no less than the height of the retaining wall.
(6) Guard rails, barriers, or other screening type structures used in conjunction with a retaining wall shall not exceed forty two inches (42") above the top of the wall.
c. Retaining walls or retaining wall systems holding artificially backfilled grades within a required setback shall be designed and constructed as shown in figure 13.76.1, Retaining Backfilled Grades.
(1) Minimum of an eight foot (8') setback required for any retaining wall system.
(2) Each subsequent retaining wall must be accompanied by an additional, horizontal landscaped offset of eight feet (8').
(3) The maximum height of any retaining wall shall not exceed four feet (4') measured from the natural grade. Height shall be stepped horizontally every ten feet (10') to accommodate the natural topography.
(4) Guard rails, barriers, or other screening type structures used in conjunction with a retaining wall shall not exceed forty two inches (42") above the top of the wall.
d. Retaining walls or retaining wall systems adjacent a natural waterway or canal shall adhere to the provisions set forth in section 13.76.400 of this title.
10. Retaining walls associated with a residential or nonresidential, planned development use may be approved by the Planning Commission upon recommendation of the Technical Review Committee according to procedures set forth in section 13.78 of this title.
11. Any pipe trench or other trenching or excavation made in any slope of any excavation or filled site shall be backfilled and compacted to the level of the surrounding grades.
12. Unless otherwise directed by the City Engineer, all fills governed by this Code intended to support buildings, structures, or where otherwise required to be compacted for stability, shall be compacted, inspected and tested in accordance with the following provisions:
a. The natural ground surface shall be prepared by removal of topsoil and vegetation and, if necessary, shall be graded to a series of terraces;
b. The fill shall be spread in a series of layers, each not exceeding six inches (6") in thickness, and shall be compacted by "sheepsfoot" roller compactor (after each layer is spread) or other method acceptable to the City Engineer;
c. The moisture content of the fill material shall be controlled at the time of spreading and compaction to obtain required maximum density;
d. The fill material after compaction shall have an average dry density of not less than ninety five percent (95%) of maximum dry density and a minimum of ninety percent (90%) in all portions of the fill requiring compaction as determined by the AASHO soil compaction test method T180-57, or other testing method acceptable to the City Engineer;
e. A written report of the compaction, showing location and depth of test holes, materials used, moisture conditions, recommended soil bearing pressures, and relative density obtained from all tests, prepared by a civil engineer or soils engineer licensed by the State of Utah, shall be submitted to the City Engineer; and
f. The Community Development Director and/or the City Engineer may require additional tests or information if, in his opinion, the conditions or materials are such that additional information is necessary, and may modify or delete any of the above listed requirements that in his opinion are unnecessary to further the purpose of this Code.
13. All cut and fill surfaces created by grading except for firebreak purposes shall be seeded with a ground cover that is compatible with the natural ground covers in the City. Topsoil is to be stockpiled during rough grading and used on cut and fill slopes. When slopes too steep to support continuous ground cover have been permitted and in lieu thereof niches and ledges provided for planting, such slopes need not be planted with a continuous ground cover, but may instead be screened with vines and plantings. Cuts and fills along public roads may be required to be landscaped so as to blend into the natural surroundings. All plant materials must be approved by the Community Development Director prior to issuance of a conditional use permit.
14. Filling of the ground for agricultural or fire protection purposes shall be accomplished with such practices as will prevent erosion and damage to natural drainage channels. (Ord. 2018-16, 10-11-2018; amd. Ord. 2020-12, 7-16-2020))
G. Final Inspection:
1. If upon final inspection of any grading it is found that the work authorized by the conditional use permit has been satisfactorily completed in accordance with the requirements of this Code and any other requirements imposed, the Community Development Director shall issue a certificate of compliance.
2. The Planning Commission shall have the power to revoke any conditional use permit whenever it is found that the work covered by the certificate has been materially extended or altered without prior approval, or that any planting, retaining walls, cribbing, drainage structures, or other protective devices as shown on the approved plans and specifications submitted with the application for a permit have not been maintained in good order and repair.
3. Before such revocation, the Community Development Director shall first give fifteen (15) calendar days' written notice to the owner of the property involved, specifying the defective condition and stating that unless such defective condition is remedied satisfactorily, the conditional use permit may be revoked. If the defective condition is remedied to the satisfaction of the community development director, the certificate shall not be revoked.
H. Special Precautions:
1. Special precautions shall be taken to preserve life, property values, stable soils conditions and aesthetics, including, but not limited to, the following:
a. Requiring a level exposed slope, construction of additional drainage facilities, berms, terracing, compaction, or cribbing, installation of plant materials for erosion control, and reports of a registered soils engineer and/or engineering geologist whose recommendation may be made a requirement for further mitigation of unstable conditions. (Ord. 2012-15, 9-20-2012)
b. Where it appears that storm runoff damage may result from work performed hereunder, such work may be stopped and the permittee required to take such measures as may be necessary to protect adjacent property or the public safety. On large operations or where unusual site conditions prevail, the community development director may specify the time at which grading may proceed and the time of completion or may require that the operation be conducted in specific stages so as to ensure completion of protective measures or devices prior to the advent of seasonal rains. (Ord. 2015-02, 2-5-2015)
I. Excavations:
1. All excavations shall be limited as follows:
a. No cut slope shall exceed a vertical height of fifty feet (50') unless horizontal benches with a minimum width of twenty feet (20') are installed at each fifty feet (50') of vertical height.
b. No excavation shall be made with a cut face steeper in slope than two horizontal to one vertical (2:1) unless otherwise approved by the community development director based on the recommendation of a professionally prepared soils report and/or after supporting data supplied by the applicant. In no case shall slopes be cut steeper than the bedding planes, fault or joint in any formation where the cut slope will lie on the dip side of the strike line of the fracture, bedding plane, fault or joint. No slopes shall be cut in an existing landslide, mudflow, or other form of naturally unstable slope except as recommended by a qualified geological engineer. Where the excavation is exposed straight above the top of the cut that will permit the entry of water along bedding planes, this area shall be sealed with a compacted soil blanket having a minimum thickness of two feet (2'). The soil for this blanket shall be relatively impervious and must be approved for such use by the soils engineering geologist. If the material of the slope is of such composition and character as to be unstable under the anticipated maximum moisture content, the slope angle shall be reduced to a stable value.
2. No excavation for construction of new utility lines shall be made in paved public streets within three (3) years after paving. During said three (3) year period, utility excavations may be authorized by the city for emergency reasons and when delaying such excavation would cause undue hardship provided that pavement repair and mitigation measures acceptable to the city engineer are implemented.
J. Fills:
1. All fills shall be limited as follows:
a. No fill slope shall exceed a vertical height of fifty feet (50') unless horizontal benches with a minimum width of twenty feet (20') are installed at each fifty feet (50') of vertical height.
b. No fill shall be made which creates an exposed surface steeper in slope than two horizontal to one vertical (2:1) unless otherwise approved by the community development director based on the recommendations of a professionally prepared soils report and/or other supporting data provided by the applicant.
K. Prohibited Activities:
1. The provisions of this chapter shall not be construed as permitting the removal of topsoil solely for resale, or of permitting quarrying of any site within the limits of the city.
2. This chapter shall also not be construed as authorizing any person to maintain a private or public nuisance upon his or her property, and compliance with the provisions of this chapter shall not be a defense in any action to abate such nuisance.
L. Remediation: In addition to enforcement provisions pursuant to chapter 13.94 of this title, violations of this section shall be subject to mandatory remediation of the site as specified by the community development director with technical assistance from the city engineer. (Ord. 2012-15, 9-20-2012)
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