15-13-16: LANDSCAPING REQUIRED:

When an area is required to be landscaped under the terms of this title, the requirements shall be met by the installation and maintenance of improvements as set forth below:

   A.   General Requirements:

      1.   All plantings shall be maintained in a healthy and attractive condition.

      2.   Landscaping materials shall be planted and maintained in such a manner that they will not encroach onto public sidewalks and travel lanes from the ground level to seven feet (7') above the sidewalk or ten feet (10') above the shoulder area of a street.

      3.   All yard and setback areas not occupied by buildings or parking shall be landscaped; the area within the public right of way between the curb and gutter and the sidewalk, otherwise known as the park strip, shall be landscaped.

      4.   The area between a curb and sidewalk shall be landscaped in one of the following manners. Revisions to existing park strips shall also conform to one of these required standards:

         a.   Turf grass only when the width of the park strip is wider than eight feet (8') with trees spaced at a maximum of forth feet (40') on center;

         b.   Water-wise ground covers, trees and shrubs. Plant selections shall be those plants listed as water-wise by various regional resources as acceptable plantings for northern Utah climate, shrubs or ground covers, and shall be planted in such a manner that a minimum fifty percent (50%) of the ground surface area shall be covered by the plants at mature growth. Shrubs and other plantings except trees shall be maintained at a maximum of two feet (2') in height. Trees shall be spaced at a maximum of forty feet (40') on center. The coverage does not include the area covered by any deciduous tree canopy above the ground. Mulch shall be placed between the plants and trees to cover the ground. The depth of the mulch shall be four inches (4") for wood bark or chips and at a depth of twice the size of any gravel or small stone mulch but in no case less than three inches (3") thick;

         c.   Mulch ground cover with trees spaced at a maximum of forty feet (40') on center. When mulch ground cover is used, there shall not be a concrete surface underneath the ground cover. When a rock mulch is used, the rocks used in the ground cover must be between one and one half inches (1.5") and four inches (4") in size. Accent boulders may be placed in the park strip with mulch provided they are not taller than two feet (2'). Mulch shall be used to cover the ground to a depth of four inches (4") for wood bark or chips and at a depth of twice the size of any gravel or small stone mulch but in no case less than three inches (3") thick.

         d.   Park strips which are less than three feet (3') in width shall be incorporated into the sidewalk concrete for new development or if the existing plant material is removed be replaced only with concrete and match the elevation of the adjacent sidewalk and curb.

         e.   One hard surface walkway may be allowed in the park strip provided it is perpendicular to the curb and sidewalk and aligns with the front door of the building on the private property adjacent to the park strip. The maximum width of the walkway is ten feet (10').

         f.   Special variations to allow the area between curb and property line to be hard surfaced with tree planting areas are permitted upon approval by the city when the development is located between 10th Street and 27th Street and Wall Avenue to Washington Boulevard.

      5.   For all uses except single-family dwellings, all landscaping shall be serviced by an acceptable underground sprinkling or irrigation system.

      6.   If artificial turf is used as a ground cover:

         a.   It shall consist of green lifelike individual blades of grass that:

            (1)   Emulate natural turf in look and color;

            (2)   Have a minimum pile height of 1.5 inches, except in rear yards where shorter pile height may be installed for planned recreational surfaces; and

            (3)   Have a minimum tufted weight of fifty six (56) ounces per square yard;

         b.   In no case shall it be installed within:

            (1)   Permanent drainage features (e.g., ponds, swales, and retention and detention basins); or

            (2)   Any public right of way;

         c.   It shall have a minimum eight (8) year manufacturer's warranty protecting against color fading and decrease in pile height;

         d.   The use of indoor or outdoor plastic or nylon carpeting as a substitute or replacement for artificial turf or natural turf is prohibited;

         e.   It shall be properly anchored to ensure that the turf will withstand the effects of wind;

         f.   All seams shall be nailed and glued, not sewn, and edges shall be trimmed to fit against all regular and irregular edges to resemble a natural look;

         g.   Proper grading, compaction and drainage shall be provided for all artificial turf installations to prevent excess runoff or pooling of water and artificial turf installations shall have a minimum permeability of thirty inches (30") per hour per square yard;

         h.   It shall be visually level, with the grain pointing in a single direction;

         i.   An appropriate solid barrier device (e.g., concrete mow strip, bender board) is required to separate the artificial turf from planters and live vegetation;

         j.   A minimum four foot (4') separation between artificial turf and tree trunks and two foot (2') separation between artificial turf and shrubs shall be maintained to ensure roots are not damaged with the installation of artificial turf and that the overall health of the living plant material is not compromised;

         k.   It shall be cleaned regularly and maintained in an appropriate and neat manner;

         l.   It shall be replaced if it is worn, uneven, discolored, or damaged; and

         m.   Artificial turf is limited to not more than fifty percent (50%) of the total landscaping area, unless it is installed and used in the construction of public or private athletic fields, or on playgrounds associated with a:

            (1)   Public or private community center;

            (2)   Park;

            (3)   School; or

            (4)   University.

   B.   General Maintenance: All landscaped areas, whether required or otherwise, shall be kept and maintained in accordance with all of the following standards:

      1.   Landscaped areas shall be kept free of litter, weeds, and debris.

      2.   Landscaped areas shall be weeded on a regular basis. Perennial plants shall be trimmed, cutting back dead growth and seed heads after seeds have dropped.

      3.   Trees and shrubs shall be pruned so as to avoid damage to other improvements, structures or utility lines.

      4.   Dead branches or dead trees, shrubs or other plant materials are removed from the property.

      5.   Turf grass lawns are mowed on a regular basis according to the growth habit of the type of turf grass used.

      6.   All plant materials shall be adequately watered to maintain a healthy condition as by the typical color of the plant under normal growing conditions; provided that when water use restrictions are imposed by the city or applicable secondary water provider during times of drought, no violation shall occur as long as the owner or occupant is watering within such restrictions.

      7.   Required trees, shrubs or other plant materials that have died and been removed shall be replaced.

   C.   Application To Existing Residential Uses: For existing residential uses which have either not installed landscaping or residential uses where the landscaping no longer exists, landscaping according to these regulations shall be installed within eighteen (18) months from the enactment of this provision.

   D.   Two-Family And Multiple-Family:

      1.   As a minimum, all new two-family dwellings and multiple-family dwellings which are permitted uses in residential zones shall be landscaped according to the following conditions:

         a.   New development shall be limited to a maximum of thirty-five percent (35%) of the required landscaped area in turf grass;

         b.   Have one 2-inch caliper tree per unit, in addition to the street trees required in the parkway with street trees spaced forty feet (40') on center for large trees, thirty feet (30') on center for medium trees, and twenty feet (20') on center for small trees; and

         c.   Have five (5) 5-gallon shrubs per unit planted on the lot.

         d.   All required landscaping areas in front yard setbacks, side yard setbacks, and other required setback for parking less than ten feet (10') in width, and side yard setbacks facing a street, shall be landscaped only with water-wise landscape plantings. Plant selections shall be those plants listed as water-wise by various regional resources as acceptable plantings for northern Utah climate and irrigated by an acceptable drip irrigation system that meets the requirements found in chapter 15-28 of this title. The water-wise shrubs shall be spaced so that at mature growth they cover a minimum of fifty percent (50%) of the planter surface area. Mulch shall be placed to cover the ground under and around plants and in areas without plants at a depth of four inches (4") for wood bark or chips and at a depth of twice the size of any gravel or small stone mulch but in no case less than three inches (3") thick.

      2.   Landscaping shall be installed in all areas not occupied by buildings, parking or accessways and according to the approved plot plan. Landscaping shall be installed prior to occupancy of any unit in the structure. In the case of inclement weather that prevents the installation of the required improvements, the time completion of the improvements may be extended, in writing, upon the approval of the applicable reviewing official or body, or designee. However, in no case shall the time for completion be extended beyond June 1 immediately following the completion date. A financial guarantee according to section 15-13-23 of this chapter shall be required prior to issuing building permits. In times of declared severe drought, plantings are allowed to be delayed until after September 1 when stress on the plant sustainability is lowered.

   E.   New Single-Family Dwellings: New single-family homes, at the time of completion of construction and prior to occupancy of the dwelling shall have street trees installed in the dedicated street parking strip. Large street trees shall be spaced at forty feet (40') on center, medium trees shall be spaced at thirty feet (30') on center, and small trees shall be spaced at twenty feet (20') on center. Trees in the park strip shall have a minimum height of seven feet (7') for the lowest branches of a tree when they extend above the curb or sidewalk. Notwithstanding the branch height, no evergreen tree is allowed in the park strip.

   F.   Commercial and Manufacturing Landscaping: A maximum of fifteen percent (15%) of the landscaped area for a new development can be in turf grass except additional turf grass can be used if placed in areas used for outdoor recreation.

   G.   Parks and Cemeteries: Parks and cemeteries are considered high traffic use areas and turf grass is an appropriate ground cover and not subject to the same restrictions on limitation on turf grass usage.

(Ord. 2016-12, 3-1-2016; amd. Ord. 2020-55, 11-10-2020; Ord. 2022-34, 7-5-2022)

15-13-17: CONCESSIONS OR AMUSEMENT BUSINESSES; PUBLIC PARKS:

In all zones, a privately operated concession or amusement business in a public park shall meet the following conditions of approval:

   A.   Hours: Operation or use of the amusement or other facilities provided is forbidden between the hours of eleven o'clock (11:00) P.M. to six o'clock (6:00) A.M. next following, or as approved by the planning commission.

   B.   Setback: All facilities, equipment and buildings shall be set back not less than twenty feet (20') from any property line and shall be located not less than fifty feet (50') from any main building on an adjoining lot and from any area upon which any said building may be constructed upon said adjoining lot if no main building is in existence, or as approved by the planning commission.

   C.   Minimum Size: The minimum size of the park for such amusement or other purposes shall be five (5) acres.

   D.   Lighting: Any lights used to illuminate the premises shall be installed in such a manner that the source of light shall be suitably screened to avoid annoying illumination of lands outside said premises.

   E.   Noise: Noise from such amusement or other purpose shall not significantly increase noise levels already existing in the park from other activities as determined by the planning commission.

   F.   Identification Signs: Only identification signs shall be permitted and shall meet the requirements for such signs as specified in Title 18 of this Code, Outdoor Signs.

   G.   Buildings; Facilities: All buildings, facilities, etc., shall be in aesthetic harmony with the park and its purposes as well as the immediate surrounding area.

   H.   Landscaping: Landscaping shall be sufficient to enhance the aesthetic appearance of such development.

   I.   Private Property Intrusion: The proposal shall not create or invite intrusion into private property.

(Ord. 82-22, 5-20-1982; amd. Ord. 90-52, 10-25-1990)

15-13-18: TELEVISION SATELLITE ANTENNAS (OR DISH ANTENNAS):

Building permits are required for television satellite antennas (or dish antennas) and shall comply with the following regulations:

   A.   Location:

      1.   All television satellite antennas shall have setbacks of at least five feet (5'), if freestanding. The setback shall be measured from the property lines to the nearest point of the antenna. The distance for rotating dish antennas shall be measured from the nearest point of the antenna in its closest rotational configuration.

      2.   In any commercial or manufacturing zone, such antenna may be located on the roof or in the rear of side yards; but shall only be permitted in the front yard or on a side yard facing the street on a corner lot, by approval of the Board of Zoning Adjustment when a useable satellite signal cannot be obtained in an otherwise approved location.

      3.   Television satellite antennas shall only be located in the rear yard of any lot in any residential zone. If a useable satellite signal cannot be obtained from such rear yard, the antenna may be located on the roof or side yard (except side yards facing the street on a corner lot) by approval of the Board of Zoning Adjustment.

   B.   Antenna Size: No television satellite antenna shall exceed twelve feet (12') in diameter in a residential zone. Upon the approval and issuance of a conditional use permit by the Planning Commission, business and professional offices located in a PI Zone may install a television satellite antenna which exceeds the twelve foot (12') diameter limitation where there is a finding made of no adverse impact to adjoining properties.

   C.   Antenna Height: No antenna shall exceed the height limitation in its respective zone.

   D.   Construction Standards:

      1.   All antennas shall be erected in a secure and wind-resistant manner.

      2.   Every antenna must be adequately grounded for protection against a direct strike of lightning.

      3.   All antennas in a residential zone shall be located and designed to reduce the visual impact from surrounding properties at street level and from public streets.

   E.   Temporary Television Satellite Antennas: Temporary television satellite antennas (or dish antennas) may be located on property for a total of thirty (30) days subject to the provisions of subsections A2 and A3 of this Section.

(Ord. 84-23, 8-30-1984; amd. Ord. 86-8, 12-13-1986; Ord. 90-52, 10-25-1990; Ord. 91-51, 12-19-1991; 1999 Code)

15-13-19: RACING PIGEONS; STANDARDS AND OPERATING PROCEDURES:

   A.   Construction: The physical construction of the lofts shall be in compliance with applicable City building ordinances and codes;

   B.   Location: Lofts shall be located a minimum of fifty feet (50') from any neighboring residence plus twenty five feet (25') from any property line, and six feet (6') from the owner's dwelling;

   C.   Easily Cleanable: Lofts shall be constructed in a workmanlike manner and shall be easily cleanable;

   D.   Living Space: Lofts shall be constructed so as to allow each adult pigeon ten (10) cubic feet of living space;

   E.   Number Limited: No owner will be permitted to maintain more than one hundred (100) pigeons per permit;

   F.   Feed Storage: Feed shall be stored in a manner which prevents rodent infestation or harborage;

   G.   Maintenance; Repair: Lofts shall at all times be in compliance with these regulations and shall be maintained in a clean, sanitary, and orderly condition and kept in good repair;

   H.   Confinement: Pigeons shall be confined to the loft, unless being conditioned, exercised or trained; owners shall exercise necessary measures to prevent their pigeons from perching or lingering on buildings or property of others;

   I.   Diseases; Isolation: Pigeons shall be maintained in a healthy, disease free condition; those with communicable diseases shall be properly isolated;

   J.   Nuisances: Loft scrapings, dead pigeons, manure and other putrescible wastes shall be stored in watertight containers with tightfitting lids, final disposal shall be accomplished in a manner which creates neither a health hazard or nuisance and shall be approved by the county health department;

   K.   Odors And Noise: Necessary measures shall be exercised to prevent the generation of obnoxious or offensive odors and noise, or otherwise create a nuisance affecting the buildings or property of others;

   L.   Property Destruction: Pigeons shall not be allowed to destroy or deface the property of others;

   M.   Breeding: Lofts may not be utilized for the business of breeding, raising or harboring fowl for commercial or marketing purposes.

(Ord. 86-15, 3-27-1986)

15-13-20: LIMIT ON ABOVEGROUND STORAGE TANKS:

   A.   The storage of flammable, combustible liquids in aboveground tanks outside of buildings is permitted:

      1.   In areas zoned as manufacturing M-1 or M-2, provided that tanks not enclosed in a designed monolithic poured concrete case may not be closer than two hundred feet (200') to any residential structure; and

      2.   In areas zoned as open space O-1, commercial C-2, and commercial C-3 if all tanks are enclosed in a designed monolithic poured concrete case.

   B.   The bulk storage of liquified petroleum gas in aboveground tanks shall comply with the current fire code as adopted by title 16, chapter 2 of this code, or its successor provision, and is permitted outside of buildings:

      1.   In areas zoned as manufacturing M-1 or M-2; and

      2.   As an accessory use in areas zoned commercial C-2 or commercial C-3.

(Ord. 2013-19, 5-7-2013; amd. Ord. 2023-16, 4-11-2023)

15-13-21: RECYCLING DROPOFF STATIONS, REVERSE VENDING MACHINES:

Recycling dropoff stations and reverse vending machines shall be allowed as an accessory to a main use in any zone, provided the following requirements are met:

   A.   Residential: In residential zones:

      1.   No money is received by the donor for the material. No reverse vending machines are allowed in residential zones.

      2.   The container is located only on property with nonresidential uses such as a school, church, or public building.

      3.   The containers shall not be placed in any required yard setback area.

      4.   The location of the containers shall not occupy required parking spaces or traffic circulation areas.

      5.   The area around the containers and the container shall be maintained in a clean and safe condition and free from litter.

      6.   No more than two (2) recycling containers, each with a maximum size of six feet (6') tall, ten feet (10') long and eight feet (8') wide shall be placed on a property.

   B.   Business, Commercial Or Manufacturing: In any business, commercial or manufacturing zone:

      1.   The containers shall not be located any closer than thirty feet (30') from any property line adjacent to a public street or placed in any other required yard setback area.

      2.   The location of the containers shall not occupy required parking spaces or traffic circulation areas.

      3.   The area around the containers and the container shall be maintained in a clean and safe condition and free from litter.

      4.   No more than four (4) recycling containers, each with a maximum size of six feet (6') tall, ten feet (10') long and eight feet (8') wide shall be placed on a property.

   C.   Compliance With Standards: Any use meeting the definition of recycling dropoff stations existing and legal on the effective date hereof is hereby required to comply with the above requirements within six (6) months of the effective date hereof.

(Ord. 95-74, 11-14-1995)

15-13-22: CONVERSION OF HOTEL OR MOTEL TO A MULTIPLE-FAMILY DWELLING:

In addition to any other requirements applicable to multiple-family dwellings, any building that was originally constructed as or converted to a hotel or motel that is proposed to be converted to a multiple-family dwelling shall comply with all of the following standards:

   A.   A minimum of fifteen percent (15%) of the dwelling units shall have a bedroom of at least one hundred (100) square feet, a living area of at least one hundred (100) square feet, and a total floor area of at least three hundred (300) square feet.

   B.   An additional ten percent (10%) of the dwelling units shall have two or more bedrooms of at least one hundred (100) square feet each, and a total floor area of at least four hundred fifty (450) square feet.

   C.   Each dwelling unit shall have a kitchen or kitchen area that includes all of the following:

      1.   A range, or separate wall oven and stove, with gas or a minimum two-phase, two hundred forty (240) volt electric connection in a separate circuit, in addition to any microwave oven.

      2.   A kitchen sink with hot and cold water separate from any washroom sink.

      3.   A refrigerator with freezer, with a separate electric circuit.

      4.   A separate storage cabinet or cabinet for food and food preparation equipment with at lease twelve (12) cubic feet of storage area, and

      5.   A permanent food preparation counter of at lease five (5) square feet.

   D.   The facility shall provide either laundry hookups within each dwelling unit or an on-site common laundry facility.

   E.   A facility with sixteen (16) or more dwelling units shall have a twenty-four (24) hour on-site manager.

   F.   The facility shall comply with all other requirements applicable to a new multiple-family dwelling, including density, parking, amenities, landscaping, open space, and architectural features, except that an existing building that does not meet setbacks or maximum lot coverage standards may remain.

(Ord. 96-51, 10-22-1996; amd. Ord. 2023-7, 2-7-2023)